RESOLUTION NO. _____
Resolution Of The City Council Of The City Of Emeryville Authorizing The City Manager To Enter Into A Contract With K.J. Woods Construction Inc., In An Amount Of $688,000 For The Construction Of The Storm Drain Large Trash Separator Project, Project No. EPW-18107 (CIP No. 18475009)
WHEREAS, the City has developed a Long-Term Trash Reduction Plan that identifies trash generating areas of the City and specifies actions to be implemented to address specific areas; and
WHEREAS, on December 18, 2018. the City Council authorized the City Manager to enter into a professional services agreement with Schaaf and Wheeler Consulting Civil Engineers to perform feasibility studies for implementing large trash separators in Emeryville; and
WHEREAS, on June 15, 2021, the City Council approved a Cooperative Implementation Agreement (CIA) for project funding from the California Department of Transportation (Caltrans), whereby Caltrans will provide $680,000 in funding for this project; and WHEREAS, on July 5, 2022 the City Council authorized the City Engineer to advertise the construction project for public bidding and to purchase equipment necessary for installation; and
WHEREAS, the City has applied for an encroachment permit with Caltrans for the installation of the trash separator unit on West Macarthur Boulevard near Emery Street; and
WHEREAS, the project construction contract was publicly bid and advertised on September 1, 2022 and on September 27, 2022 the following responsive bid proposals for the project were received:
1. K.J. Woods Construction Inc. $688,000
2. ERA Construction Inc. $732,181
3. Bay Construction Inc. $784,900
4. JMB Construction $827,700
5. Kerex Construction Inc. $867,975
6. W.R. Forde Construction Inc. $1,269,950; and
WHEREAS, staff recommends that the City Council authorize the City Manager to enter into a Construction Contract with K.J. Woods Construction, Inc. of South San Francisco, CA, who submitted the lowest responsive bid in the amount of $688,000; and WHEREAS, there is adequate funding in the Storm Drain Large Trash Separator Project (CIP #18475009) project budget to fund this contract; and WHEREAS, approval of this contract is exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15301 (Existing Facilities) because it DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 Resolution No. _____
Contract Award – Hydrodynamic Separator Project - Award City Council Meeting | October 18, 2022
involves installation of a trash separator in the existing storm drain and maintenance thereof; and now, therefore, be it
RESOLVED, by the City Council of the City of Emeryville hereby authorizing the City Manager to enter into a contract with K.J. Woods Construction, Inc. in an amount of $688,000; for the construction of the Storm Drain Large Trash Separator Project, Project No. EPW-18107 (CIP No. 18475009).
ADOPTED, by the City Council of the City of Emeryville at a regular meeting held Tuesday, October 18, 2022, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
MAYOR
ATTEST: APPROVED AS TO FORM:
CITY CLERK CITY ATTORNEY
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3
C A L I F O R N I A
C O N S T R U C T I O N C O N T R A C T
F O R C I T Y U S E O N L Y
Contract No. CIP No.
Resolution No. Project No.
REV 07/2022
THIS CONSTRUCTION CONTRACT (“Contract”) is effective as of _______________ (the “Effective Date”), by and between THE CITY OF EMERYVILLE, a municipal corporation, (“City”) and KJ WOODS INC. (“Contractor”), individually referred to as a “Party” and collectively as the “Parties”.
W I T N E S S E T H T H A T
WHEREAS, by Resolution No. 22-90, the City Council of the City of Emeryville has authorized the Director of Public Works to solicit public bids for Trash Capture Project EPW18-107; and
WHEREAS, the City has conducted a public bidding procedure in compliance with all applicable laws; and
WHEREAS, Contractor submitted the lowest responsible bid; and WHEREAS, the City has determined that the Contractor is qualified by training and experience to render such services; and
NOW, THEREFORE, the Parties hereto do mutually agree as follows:
1. CONTRACT DOCUMENTS
The following documents, including their respective exhibits and addenda (collectively "Contract Documents"), are by this reference incorporated in and made a part of this Contract in the following order of precedence:
Construction Contract
o Exhibit A –
1) Exhibit A(1) – Addenda
2) Exhibit A(2) – Project Specifications
3) Exhibit A(3) – N/A
4) Exhibit A(4) – Project Plans
5) Contractor’s Bid and Proposal (as accepted by City)
o Exhibit B – Contract Insurance Requirements
o Exhibit C – N/A
o Exhibit D – Required Bond Documents
DocuSign Envelope ID: 0C51694A-D013-41AB-8E3D-2B1AF21F95DB DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 City of Emeryville | Construction Contract
REV 07/2022
Attachment A – City of Emeryville Standard Specifications (online only) o http://www.ci.emeryville.ca.us/132/City-Standards
o http://www.ci.emeryville.ca.us/348/City-Standard-Specifications Attachment B – State of California Department of Transportation Standard Plans (online only)
http://dot.ca.gov/programs/design/ccs-standard-plans-and-standardspecifications Attachment C – State of California Department of Transportation Standard Specifications (online only)
http://dot.ca.gov/programs/design/ccs-standard-plans-and-standardspecifications Any and all future amendments to this Contract will be incorporated as Construction Contract Amendments as needed.
2. SCOPE OF WORK
In conformance with the Contract Documents, Contractor will furnish, all labor, materials, equipment, incidentals, transportation, and disposal for services required in order to perform and complete the Project.
3. PRICE
The total amount to be paid under this Contract for all of the work set forth in Section 2 above is exceed SIX HUNDRED AND EIGHTY EIGHT THOUSAND DOLLARS AND NO CENTS ($688,000) ("Total Contract Price"). This price includes all costs for labor, materials, tools, equipment, services, warranty, taxes, insurance, overhead, profit and all other costs necessary to perform the work in accordance with this Contract.
4. TIME FOR COMPLETION
After the Contract has been executed by City, Contractor shall begin work within seven (7) calendar days after the effective date of the Notice to Proceed issued by City and shall diligently prosecute the work to completion within thirty (30) working days from the effective date of the Notice to Proceed. Liquidated Damages in the Amount of $$750 per calendar day will be assessed for failure to complete the contract work within the number of workdays specified.
5. INDEMNIFICATION
To the fullest extent permitted by law, Contractor shall indemnify, defend, and hold harmless City and City’s members, officers, agents, employees and volunteers, from and against any and all claims, losses, liabilities of every kind, nature and description, damages, injury (including without limitation injury to or death of an employee of Contractor or subcontractors as well as any claim by any employee, agent, Contractor DocuSign Envelope ID: 0C51694A-D013-41AB-8E3D-2B1AF21F95DB DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 City of Emeryville | Construction Contract
REV 07/2022
or independent contractor hired or employed by Contractor that such persons or individuals are entitled to any benefit otherwise provided to employees of the City, including coverage under the California Public Employee Retirement System), costs and expenses of any kind, whether actual, alleged or threatened, including, without limitation, incidental and consequential damages, court costs, reasonable attorneys’ fees, litigation expenses, and fees of expert contractors or expert witnesses incurred in connection therewith and the costs of investigation, arising out of, pertaining to, or relating to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Contractor, any subcontractor, anyone directly or indirectly employed by them or anyone that they control. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable to or for Contractor. This obligation to indemnify and defend the City, its members, officers, agents, employees and volunteers shall survive termination of this Contract. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons
6. INSURANCE
Contractor shall not commence Services under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under Exhibit B, attached hereto and incorporated herein by this reference. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under Exhibit B. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.
7. NO WAIVER
Failure of City to insist upon strict performance of any of the terms and conditions hereof, or failure or delay to exercise any rights or remedies or to properly notify Contractor in the event of breach, or the acceptance of or payment for any good hereunder, shall not release Contractor of any of the warranties or obligations of this Contract and shall not be deemed a waiver of any right of City to insist upon strict performance hereof.
8. NOTICES
Any notice required to be given by this Contract will be in writing and deemed effective upon personal delivery, or 1 business day after being sent via registered or certified mail return receipt requested or by overnight commercial courier providing next business day delivery and addressed to the following respective parties:
DocuSign Envelope ID: 0C51694A-D013-41AB-8E3D-2B1AF21F95DB DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 City of Emeryville | Construction Contract
REV 07/2022
CITY CONTRACTOR
Mohamed Alaoui
1333 Park Avenue
Emeryville, California 94608
Phone No: 510-596-4330
E-Mail : [email protected]
with a copy to:
Michael Roberts
1333 Park Avenue
Emeryville, California 94608
Phone No: 510-596-4333
E-Mail : [email protected]
Kieran Woods, President
P.O. Box 947
South San Francisco, CA 94083
Phone No: 415-759-0506
E-Mail : [email protected]
9. ENTIRE CONTRACT
This Contract contains the entire agreement of the parties with respect to the subject matter of this Contract. Any modifications to this Contract shall be in writing.
10. AUTHORITY TO CONTRACT
Contractor covenants and declares that it has obtained all necessary approvals to bind Contractor to this Contract and that the representative signing the Contract is authorized to do so.
SIGNATURES ON FOLLOWING PAGE
DocuSign Envelope ID: 0C51694A-D013-41AB-8E3D-2B1AF21F95DB DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 City of Emeryville | Construction Contract
REV 07/2022
11. SIGNATURE PAGE TO CONSTRUCTION CONTRACT
IN WITNESS WHEREOF the City and the Contractor have executed this Contract, which shall become effective as of the date first written above.
Approved As To Form:
City Attorney
Dated: CITY OF EMERYVILLE
City Manager
Dated: K.J. WOODS CONSTRUCTION INC.
(Signature)
Kieran Woods, President
DocuSign Envelope ID: 0C51694A-D013-41AB-8E3D-2B1AF21F95DB 10/03/2022
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 EPW - 18107 Addendum No. 1 Page 1 of 2
TRASH CAPTURE PROJECT
PROJECT NO. EPW-18107
ADDENDUM NO. 1
September 20, 2022
To All Planholders:
Notice is hereby given of the following changes to the project documents:
1) Project Plan Sheets 5, 6, 9 and 10 of 10; The following changes are hereby made to the attached revised project plan sheets:
A) Sheet 5 of 10 “Demolition Plan” of the project plans has been modified to indicate revised asphalt concrete removal limits.
B) Sheet 6 of 10 “Improvements Plan” of the project plans has been modified to indicate a reduction in size of the maintenance slab from14’ wide to 12.5 feet wide and do indicate revised limits of asphalt restoration.
C) Sheet 9 of 10 “Details” of the project plans has been revised to describe the inlet type to be Caltrans Type G3.
D) Sheet 10 of 10 “Slide Gate Details” of the project plans has been revised to clarify that the slide gate support beam and hardware is to be furnished and installed by the Contractor.
2) PART A – Bid Documents; Page A-6 Bid Sheet is hereby replaced with the attached Bid Sheet to reflect changes to the maintenance pad size related to Bid Item 12.
3) PART C – Special Provisions of the Project Documents is hereby revised as follows:
A) Section 10-5.14 Bid Item 14 – Site Restoration:
The following paragraph is hereby added to the item description:
“Anywhere soil has been disturbed on site the Contractor shall restore existing drainage grading and place 3” of bark mulch as reviewed and approved by the City Representative.”
B) Section 10-3.11 Bid Item 11 – Install Separator With Slide Gates and Hatch Including Backfill:
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 EPW - 18107 Addendum No. 1 Page 2 of 2
Paragraph 2 of this Section is hereby replaced with the following paragraph to reflect that a Caltrans Type G3 inlet is to be installed as part of the work of this item.
“Furnishing of all materials to install the unit, hatch and associated piping, new Type G3 inlet, with the exception of procurement and delivery of the separator unit (Bid Item 9) and slide gates (Bid Item 10), is included in the work of this item.”
C) Section 10-4.12 Bid Item 12 – Minor Concrete (14'x25' Maintenance Pad):
The Item Title, and all occurrences of the item title is hereby revised from: 10-
4.12 Bid Item 12 - Minor Concrete (14'x25' Maintenance Pad)
To: 10-4.12 Bid Item 12 - Minor Concrete (12.5'x25' Maintenance Pad) 4) PART D – Section 3 – Trash Capture Device RFP: The attached RFP response is hereby incorporated into this section.
5) PART D – Section 4 – Slide Gates RFP: The attached RFP response is hereby incorporated into this section.
Notice is hereby given that the Bid Opening Date for the City of Emeryville Trash Capture Project, (EPW 18-107) is hereby revised to be Tuesday, September 27, 2022 at 10:00 a.m.:
Signature of this Addendum Sheet and inclusion of it with the Proposal is required at the time of bid opening.
Date: September 20, 2022 by:_____ ______________________ Michael Roberts, PE
Senior Civil Engineer
Company Name: ___________________
Authorized Name: ___________________
Authorized Signature: ___________________
Date: ___________________
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 IB IB
Pavement
Pavement
Pavement
Concrete Concrete
Concrete
Concrete
Concrete
Landscape
Landscape
Landscape
Landscape
MACARTHUR BLVD 2+75 3+00 3+25 3+50 3+75 4+00 4+16 EX. 36" STEEL SD EX. 36" STEEL SD
CATCH BASIN
RIM = 27.06'
INV. = 25.06' (ASSUMED) (12" OUT)
MACARTHUR BLVD
BASIS OF BEARING
N73° 43' 01.27"E
415.98
BASIS OF BEARING
N73° 20' 51.42"E
415.98
BASIS OF BEARING
N73° 04' 23.09"E
415.98
STA: 3+34
SDMH RIM = 27.16'
INV. = 18.86' 6"(IN-NE)
INV. = 22.39' 12"(IN-S)
INV. = 17.66' 27"(THRU-E)
SSMH
RIM = 26.89'
INV. = 20.59' 12"(THRU)
(E) 36" SD CULVERT
(E) FENCE
(E) BACK OF CURB
(E) 2" GAS LINE
(E) 2" GAS LINE
BACK OF CURB
(E) 12" SS
(E) WATERLINE
FACE OF CURB
GUTTER
(E) FRONT OF CURB
(E) GUTTER
(E) STREET LIGHT.
(E) WROUGHT IRON
FENCE
(E) WROUGHT IRON
FENCE
20"TR
8"TR
36"TR
48"TR
3"TR
14"TR
54"TR
22'
15' XX XX XX XX XX
XX XX XX XX XX XX XX XX XX XX XX XX XX XX XX XX XX XX XX XX XX XX
XX XX XX XX XX XX XX XX XX XX XX XX XX XX XX XX XX
DEMOLISH APPROX.
22' OF EXIST. STEEL
SD PIPE
FENCE APPROX. WORK AREA,
PLACE FIBER ROLLS AROUND
DISTURBED AREAS.
SEE NOTE 6
PROTECT (E) SD MH.
PROTECT (E) SS
IN-PLACE REMOVE AND
REPLACE (E) STREET
LIGHT IN PLACE. SEE
NOTE 5
CONTRACTOR TO REMOVE
EXIST. 48" DIAMETER
EUCALYPTUS TREE PER
ARBORIST
RECOMMENDATION
DEMOLISH (E)
CURB &
GUTTER
APPROX. LIMITS
OF DEEP
EXCAVATION
REPLACE 6" AC OVER 8" CLASS 2 AB
PROTECT (E)
TREE
PROTECT
(E) FENCE
REMOVE EX. CATCH
BASIN AND PROTECT EX. 12"
STORM DRAIN LATERAL
DEMO/SAWCUT EXISTING OPENING
AS REQUIRED FOR INSTALLATION
OF NEW 36-INCH RCP INSTALLATION
FILE NAME:5 DEMOLITION PLAN.dwg
10 UNDERGROUND
SERVICE ALERT
NORTH 811
CALL: TOLL FREE
1-800-227-2600
TWO WORKING DAYS BEFORE YOU DIG
MARK REVISIONS APPR. DATE.
SURVEY
PG&E
EBMUD
CALTRANS
APPROVED BY BY DATE APPROVED BY
CITY ENGINEER
DATE: HORIZ. SCALE VERT. SCALE
CITY OF EMERYVILLE, CALIFORNIA
DEPARTMENT OF PUBLIC WORKS
TRASH CAPTURE DESIGN PROJECT
DESIGN WORK ORDER. NO.: XXXXX
CONSTR. WORK ORDER. NO.: XXXXX
SHEET OF
Schaaf Wheeler
CONSULTING CIVIL ENGINEERS
4699 OLD IRONSIDES DR., SUITE #350
SANTA CLARA, CA 95054
(408) 246-4848
DATE: 9/1/2022
DESIGNED BY: FTS DRAWN BY: FM CHECKED BY: CJT
NOTES
1. CONTRACTOR SHALL DEMOLISH EXISTING CURB AND GUTTER, LANDSCAPING AND
AC PAVEMENT AS NECESSARY WITHIN LIMITS OF EXCAVATION AS SHOWN ON DRAWINGS. CONTRACTOR SHALL LIMIT DEMOLITION TO AREA WITHIN EXCAVATION LIMITS. CONTRACTOR IS RESPONSIBLE FOR REPAIRING AND/OR REPLACING
DAMAGED OR DEMOLISHED EXISTING HARDSCAPE & SOFTSCAPING OUTSIDE OF
LIMITS SHOWN ON PLANS
2. CONTRACTOR TO CONTACT PG&E PRIOR TO CONSTRUCTION WHEN WORKING WITHIN 10' OF (E) GAS LINE
3. ALL DEMOLITION MAY NOT BE SHOWN ON PLAN, CONTRACTOR IS RESPONSIBLE FOR
DEMOLISHING AND REPLACING IN KIND AS NEEDED FOR CONSTRUCTION
4. CONTRACTOR TO PROVIDE SUITABLE SHORING AND DEWATERING FOR EXCAVATION.
SHORING PLAN AND DEWATERING PLAN TO BE SUBMITTED TO THE ENGINEER FOR
APPROVAL PRIOR TO BEGINNING EXCAVATION
5. CONTRACTOR TO LOCATE AND PROTECT EXISTING BURIED ELECTRICAL LINE DURING CONSTRUCTION.
6. CONTRACTOR TO OBTAIN TEMPORARY CONSTRUCTION EASEMENT FROM ADJACENT PROPERTY OWNER FOR WORK WITHIN PRIVATE PROPERTY.
DEMOLITION PLAN
5 GRAPHIC SCALE
(IN FEET)
5 0 5 10
1" = 5'
2.5 20
PLAN VIEW
1" = 5'
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 IB IB
Concrete Concrete
Concrete
Concrete
Landscape
Landscape
Landscape
Landscape
MACARTHUR BLVD 2+75 3+00 3+25 3+50 3+75 4+00 4+16 EX. 36" STEEL SD EX. 36" STEEL SD
CATCH BASIN
RIM = 27.06'
INV. = 25.06' (ASSUMED) (12" OUT)
MACARTHUR BLVD
BASIS OF BEARING
N73° 43' 01.27"E
415.98
BASIS OF BEARING
N73° 20' 51.42"E
415.98
BASIS OF BEARING
N73° 04' 23.09"E
415.98
STA: 3+34
SDMH RIM = 27.16'
INV. = 18.86' 6"(IN-NE)
INV. = 22.39' 12"(IN-S)
INV. = 17.66' 27"(THRU-E)
SSMH
RIM = 26.89'
INV. = 20.59' 12"(THRU)
(E) 36" SD CULVERT
(E) FENCE
(E) BACK OF CURB
(E) 2" GAS LINE
BACK OF CURB
(E) 12" SS
FACE OF CURB
GUTTER
(E) STREET LIGHT.
(E) WROUGHT IRON
FENCE
(E) WROUGHT IRON
FENCE
20"TR
8"TR
36"TR
48"TR
3"TR
14"TR
54"TR
FOR TRENCH BACKFILL
AND BEDDING
SEE DETAIL
INSTALL CONC. COLLAR
SEE DETAIL
INSTALL 3-FT MIN SEGMENT
OF NEW CONC.PIPE
7 1
7 2
24" X 48" CLR H-20
TRAFFIC RATED HATCH 48" X 48" CLR H-20
TRAFFIC RATED HATCH
DUAL STAGE HYDRODYNAMIC
SEPARATOR. SEE DETAIL
POUR 12.5' x 25' CONC. PAD
SEE DETAIL
INSTALL CALTRANS
TYPE E CURB (END).
SEE CALTRANS
STANDARD PLAN RSP
A87A ON SHEET 8
INSTALL CALTRANS
"TYPE E" CURB (START)
SEE CALTRANS
STANDARD PLAN RSP
A87A ON SHEET 8
7 3
7 1
INSTALL CALTRANS STANDARD
CATCH BASIN "TYPE G3"
RIM 27.06'
INV. = 24.39' (12" OUT)
SEE DETAIL
EXTEND NEW RCP INTO EXIST.
MANHOLE AND FILL VOIDS
USING NON-SHRINK GROUT.
LIMITS OF
THICKENED SLAB
9 1
FG = EG + 1" FG = EG + 1" 2%MAX
1' ASPHALT OVERLAY 9
2 10'
15'
20'
25'
30' 3+00 3+10 3+20 3+30 3+40 3+50 3+60
EX. 36" STEEL SD
EX. 36" STEEL SD
SDMH RIM = 27.16'
DUAL STAGE
HYDRODYNAMIC SEPARATOR
SEE DETAIL
7 1
DEVICE INTERNALS NOT
SHOWN FOR CLARITY
CONTRACTOR TO INSTALL SLIDE
GATE ON UPSTREAM AND
DOWNSTREAM SIDES OF
HYDRODYNAMIC SEPARATOR UNIT,
SEE DETAIL
10 1
EL = 15'±
EL = 27'±
12'±
10 UNDERGROUND
SERVICE ALERT
NORTH 811
CALL: TOLL FREE
1-800-227-2600
TWO WORKING DAYS BEFORE YOU DIG
MARK REVISIONS APPR. DATE.
SURVEY
PG&E
EBMUD
CALTRANS
APPROVED BY BY DATE APPROVED BY
CITY ENGINEER
DATE: HORIZ. SCALE VERT. SCALE
CITY OF EMERYVILLE, CALIFORNIA
DEPARTMENT OF PUBLIC WORKS
TRASH CAPTURE DESIGN PROJECT
DESIGN WORK ORDER. NO.: XXXXX
CONSTR. WORK ORDER. NO.: XXXXX
SHEET OF
Schaaf Wheeler
CONSULTING CIVIL ENGINEERS
4699 OLD IRONSIDES DR., SUITE #350
SANTA CLARA, CA 95054
(408) 246-4848
DATE: 9/1/2022
DESIGNED BY: FTS DRAWN BY: FM CHECKED BY: CJT
FILE NAME:6 IMPROVEMENTS PLAN.dwg
NOTES
1. CONTRACTOR TO VERIFY INVERT ELEVATION IN FIELD AND SHALL NOTIFY THE ENGINEER IMMEDIATELY IF THERE IS A SIGNIFICANT DIFFERENCE IN ELEVATION (± .1') . DIFFERENCES IN INVERT OF LESS THAN 4"
SHALL NOT BE CONSIDERED A CHANGED CONDITION
2. CONTRACTOR SHALL NOT START CONSTRUCTION UNTIL THERE ARE APPROVED SHOP DRAWINGS OF
TREATMENT DEVICE INTERNAL COMPONENTS
3. CONTRACTOR SHALL RESTORE ALL TRAFFIC MARKINGS DAMAGED DURING CONSTRUCTION ACTIVITIES.
IMPROVEMENTS PLAN
6 GRAPHIC SCALE
(IN FEET)
5 0 5 10
1" = 5'
2.5 20
PLAN VIEW
1" = 5'
PROFILE VIEW
HOR. SCALE: 1" = 5'
VERT. SCALE: 1" = 5'
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 10 UNDERGROUND
SERVICE ALERT
NORTH 811
CALL: TOLL FREE
1-800-227-2600
TWO WORKING DAYS BEFORE YOU DIG
MARK REVISIONS APPR. DATE.
SURVEY
PG&E
EBMUD
CALTRANS
APPROVED BY BY DATE APPROVED BY
CITY ENGINEER
DATE: HORIZ. SCALE VERT. SCALE
CITY OF EMERYVILLE, CALIFORNIA
DEPARTMENT OF PUBLIC WORKS
TRASH CAPTURE DESIGN PROJECT
DESIGN WORK ORDER. NO.: XXXXX
CONSTR. WORK ORDER. NO.: XXXXX
SHEET OF
Schaaf Wheeler
CONSULTING CIVIL ENGINEERS
4699 OLD IRONSIDES DR., SUITE #350
SANTA CLARA, CA 95054
(408) 246-4848
DATE: 9/1/2022
DESIGNED BY: FTS DRAWN BY: FM CHECKED BY: CJT
FILE NAME:9 DETAILS.dwg
DETAILS
9 - CALTRANS SD DETAIL D72B 1
NTS
- EMERYVILLE CITY STANDARD DETAIL AC PAVEMENT REPLACEMENT 2 NTS
CLASS 2 AG BASE
95% RELATIVE COMPACTION
90% RELATIVE
COMPACTION
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3
SECTION A-A
AS NEEDED FOR SLIDE
GATE INSTALLATION
1 2" Ø STAINLESS STEEL MOUNTING
PLATE BOLTS, TYP. OF 4
5 8
" STAINLESS STEEL CONCRETE
ANCHORS, (TYP OF 6)
1 2
" Ø STAINLESS STEEL
BOLTS, TYP. OF 4
4"x4"x
1 4
" ANGLE
IRON SUPPORT
3.5" MIN
MANUAL ACTUATOR
WITH HAND WHEEL
ACCESS HATCH
W4X13 SS, TYP. OF 2
CONTRACTOR
SHALL VERIFY SIZE
NEEDED AND
PROVIDE
PRECAST GRINDER BOX
STRUCTURE
24"
B
1 2
" Ø 316 SS MOUNTING PLATE BOLTS
(TYP OF 4)
ACTUATOR NOT
SHOWN FOR CLARITY
ACTUATOR STEM OPENING
IN MOUNTING PLATE
ACTUATOR
MOUNTING BOLTS,
PER MANUFACTURER
RECOMMENDATIONS SLIDE GATE, INSTALLED
BELOW PER MANUFACTURER
RECOMMENDATIONS
4"X4"X
1 2
" SS
MOUNTING ANGLE
W4X13 SS ACTUATOR
SUPPORT BEAMS
(TYP OF 2)
A A
B
AS REQD
3/4"
31/2 3/4" 1/2"
STEM GUIDE FROM
MANUFACTURER
STAINLESS STEEL STEM GUIDE
MOUNTING BOLTS, Ø AS
REQUIRED BY MANUFACTURER 2"
3 8
" 316 STAINLESS STEEL
CONCRETE ANCHORS
1 2
" Ø BOLT HOLE FOR
3 8
" ANCHOR BOLT,
TYP OF 4
1 4
" X3-1/2" SS
MOUNTING PLATE
1 4
"X1"X1" SS ANGLE
SECTION B-B
SECTION A-A
PER MANUFACTURER'S
RECOMMENDATIONS
SLIDE GATE STEM
STEM GUIDE MOUNTING PATTERN,
CONTRACTOR TO MODIFY PATTERN AS
NECESSARY FOR INSTALLATION PER
MANUFACTURER RECOMMENDATION
STAINLESS STEEL STEM GUIDE
MOUNTING PLATE
STEM HOLE THROUGH MOUNTING PLATE,
Ø AS REQUIRED FOR INSTALLATION
3 8
" STAINLESS
STEEL CONCRETE
ANCHORS
1 4
" SS MOUNTING
PLATE
AS REQUIRED FOR STEM
GUIDE INSTALLATION
1/4"
B
B
A A
STEM GUIDE NOT
SHOWN FOR CLARITY
3-1/2"
B
C
A CA
B
4" MIN
GROUT
4" MIN
6"
INVERT
ANCHOR BOLTS, LOCATIONS AS
REQUIRED BY MANUFACTURER, TYP
SLIDE GATE INVERT
ANGLE (FLUSH MOUNT)
GROUT
SEE NOTE 1
NOTES
1. CONTRACTOR TO INSTALL SLIDE GATE PER MANUFACTURER
RECOMMENDATIONS.
2. ALL HARDWARE TO BE PROVIDED BY MANUFACTURE AND INSTALLED PER MANUFACTURER RECOMMENDATIONS.
SECTION A-A SECTION B-B SECTION C-C
4" MIN
1 2" Ø STAINLESS STEEL
MOUNTING PLATE
BOLTS (TYP OF 4)
1 4
" ACTUATOR MOUNTING PLATE
THROUGH HOLE FOR
SLIDE GATE STEM, Ø
PER MANUFACTURER
RECOMMENDATIONS
ACTUATOR MOUNTING
BOLTS, PER MANUFACTURER
RECOMMENDATIONS
4"x4"x
1 4
" ANGLE IRON
SUPPORT
5 8
" STAINLESS STEEL
CONCRETE ANCHOR BOLTS
(TYP OF 6)
W4X13 SS (TYP OF 2)
1 2
" Ø STAINLESS STEEL
BOLTS (TYP OF 4)
4" MIN
SECTION B-B
10 UNDERGROUND
SERVICE ALERT
NORTH 811
CALL: TOLL FREE
1-800-227-2600
TWO WORKING DAYS BEFORE YOU DIG
MARK REVISIONS APPR. DATE.
SURVEY
PG&E
EBMUD
CALTRANS
APPROVED BY BY DATE APPROVED BY
CITY ENGINEER
DATE: HORIZ. SCALE VERT. SCALE
CITY OF EMERYVILLE, CALIFORNIA
DEPARTMENT OF PUBLIC WORKS
TRASH CAPTURE DESIGN PROJECT
DESIGN WORK ORDER. NO.: XXXXX
CONSTR. WORK ORDER. NO.: XXXXX
SHEET OF
Schaaf Wheeler
CONSULTING CIVIL ENGINEERS
4699 OLD IRONSIDES DR., SUITE #350
SANTA CLARA, CA 95054
(408) 246-4848
DATE: 9/1/2022
DESIGNED BY: FTS DRAWN BY: FM CHECKED BY: CJT
FILE NAME:10 SLIDE GATE DETAILS.dwg
SLIDE GATE DETAILS
10 - SLIDE GATE MOUNTING DETAIL 1
NTS
- SLIDE GATE STEM SUPPORT DETAIL 2
NTS
- ACTUATOR MOUNTING DETAIL 3
NTS
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 EPW 18-107 A-6
BID SHEET FOR THE TRASH CAPTURE PROJECT City of Emeryville City Project No. EPW 18-107 Department of Public Works
Units of Measure Abbreviations are defined in Section One of the Standard Specifications Item
No.
Description Unit Estimated
Quantity
Unit Price Item Total
1 SUPPLEMENTAL WORK EA 20000 $1.00 $20,000
2 MOBILIZATION LS 1
3 TRAFFIC CONTROL SYSTEM LS 1
4 WATER POLLUTION CONTROL PLAN AND
IMPLEMENTATION
LS 1
5 SHEETING SHORING AND BRACING PLAN AND
IMPLEMENTATION
LS 1
6 EXCAVATION DEWATERING, STORMWATER FLOW
CONTROL PLAN AND IMPLEMENTATION
LS 1
7 CLEARING, GRUBBING, DEMOLITION AND
PROTECTION OF EXISTING IMPROVEMENTS
LS 1
8 EXCAVATION, HAULING, AND CLASS II SOIL DISPOSAL TON 500 9 ASSUMPTION OF PROCUREMENT CONTRACT FOR
SEPARATOR
LS 1
10 ASSUMPTION OF PROCUREMENT CONTRACT FOR
SLIDE GATES
LS 1
11 INSTALL SEPARATOR WITH SLIDE GATES AND HATCH
INCLUDING GROUNDWATER HANDLING AND BACKFILL
LS 1
12 MINOR CONCRETE (12.5’x25’ maintenance pad) SF 315
13 CONCRETE CURB AND GUTTER LS 1
14 SITE RESTORATION LS 1
TOTAL BID PRICE (including all taxes, fees, permitting and markups)
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 HDS Unit RFP Response
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 HDS Slide Gate RFP Response
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3
SPECIFICATIONS
For
Trash Capture Project
Project No. EPW18 -107
Issued for Bidding: September 1, 2022
Bids Open: Tuesday September 22, 2022 at 10:00AM
For Use with the Following:
1. The State of California Department of Transportation Standard Specifications, dated 2018
2. The State of California Department of Transportation Standard Plans, dated 2018
3. Americans with Disabilities Act Standards for Accessible Design including Title II regs at 28 CFR
35.151 and 36CFR Part 1191, Appendices B & D
In accordance with Section 7-7.01(c) of Chapter 7 of Title 7 of the Emeryville Municipal Code, as City Engineer for the City of Emeryville, I do hereby exercise the discretion delegated to me and approve the plan or design of a construction of, or an improvement to, public property to which this statement and my signature is affixed.
Executed on this 1st day of September, 2022.
_________________________________________________
Mohamed Alaoui, City Engineer RCE 68556
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
1333 Park Avenue, Emeryville, CA 94608
Tel. (510) 596-4330
TABLE OF CONTENTS
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 EPW 18-107 B-1
PART B
GENERAL PROVISIONS
FOR
TRASH CAPTURE PROJECT
PROJECT NO. EPW 18-107
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 EPW 18-107 B-2
CITY OF EMERYVILLE
DEPARTMENT OF PUBLIC WORKS
STANDARD SPECIFICATIONS
These Standard Specifications are to be used in conjunction with the State of California, Department of Transportation Standard Specifications and Standard Plans dated 2018. In absence of revision by these Standard Specifications, comply with the State of California Department of Transportation Standard Specifications dated 2018.
DIVISION I GENERAL PROVISIONS
1 GENERAL
The Bidder's attention is directed to the provisions in Division I, Section 1, "General," of the Caltrans Standard Specifications, 2018, as modified by these special provisions as set forth below for the requirements and conditions which he/she must observe in the preparation of the proposal form and the submission of the bid.
Replace, Delete or Add to Division I, Section 1, "General," of the Caltrans Standard Specifications, 2018, as follows:
SECTION 1-1.01 GENERAL
Add to 1st paragraph in Section 1-1.01 General as follows:
When counting paragraphs, individually numbered items and tables are part of the preceding paragraph.
Replace the 8th paragraph of Section 1-1.01 General with the following:
The Engineer will number bid items consecutively and uniquely for each contract.
Delete item 1 Assignments in the list in the 12th paragraph of Section 1-1.01 General.
SECTION 1-1.05 REFERENCES
Replace first sentence of the 4th paragraph of Section 1-1.05 References with the following:
Where a section number is referenced without a reference to a document, the reference is to a section of the Standard Specifications as revised by the City Standard Specifications and Special Provisions.
SECTION 1-1.07 DEFINITIONS
SECTION 1-1.07B GLOSSARY
Add to Section 1-1.07B Glossary, and where a glossary term definition already exists in the Standard Specifications, 2018, replace said term as follows:
Architect: The Engineer as defined in this section.
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 EPW 18-107 B-3
City: City of Emeryville
Department or Department of Transportation: The City of Emeryville.
Director or Director of Transportation: The City of Emeryville Public Works Director or designee.
Engineering Standards: The current City of Emeryville Engineering Standards.
Engineer: The City Engineer, City of Emeryville, acting either directly or through properly authorized agents, the agents acting within the scope of the particular duties delegated to them.
Excusable Delay: Delay caused by the City and not reasonably foreseeable when the work began such as:
1. Change in the work;
2. City action that is not part of the Contract;
3. Described facility rearrangement not rearranged as described, by the utility owner by the date specified, unless:
(i) the rearrangement is solely for the Contractor's convenience, or (ii) as a result of a Contractor proposed construction method or detail;
4. City's failure to obtain timely access to the right-of-way; or
5. City's failure to review a submittal or provide notification in the time specified.
Federal Aid Contract: A project that is identified within the Special Specifications as being financed with Federal funding and for which you and the City must follow unique Federal requirements.
Highway: Highway or Highway Right of Way means the work site(s) as identified in the contract.
Holiday: Holiday shown in the following table:
Holiday Date Observed
Sunday Every Sunday
New Year’s Day January 1st
Birthday of Martin Luther King, Jr. 3rd Monday in January Washington’s Birthday 3
rd Monday in February
Memorial Day Last Monday in May
Independence Day July 4th
Labor Day 1
st Monday in September
Indigenous Peoples Day 2
nd Monday in October
Veterans Day November 11th
Thanksgiving Day 4
th Thursday in November
Day after Thanksgiving Day after Thanksgiving Day
Day before Christmas Day Last working day prior to Christmas Day Christmas Day December 25th
Day before New Year’s Day Last working day prior to New Year’s Day Caesar Chavez Day is not a City recognized Holiday but can be recognized through a written change order. If the holiday falls on a Sunday, the Monday following is a holiday. If the holiday falls on a Saturday, the preceding Friday is a holiday.
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 EPW 18-107 B-4
Laboratory: The City or a designated laboratory authorized by the City to test materials and work involved in the contract.
Landscape Architect: The Engineer as defined in this section.
MUTCD: The most current version of the California Manual on Uniform Traffic Control Devices.
Office of Structure Design: The Office of the City Engineer at the address located in the special provisions for the submission of bids.
Plans:
1. Project Plans: Drawings specific to the project, including authorized shop drawings.
2. Engineering Standards: Drawing standard to City of Emeryville.
3. Standard Plans: Drawing standard to Caltrans.
Permanent erosion control establishment period: Number of working days shown on the Notice to Bidders for permanent erosion control establishment work Plant establishment period: Number of working days shown on the Notice to Bidders for plant establishment work
Specifications: The directions, provisions and requirements contained in the City of Emeryville, Standard Specifications and engineering standards as supplemented by the special provisions.
Whenever the term “these specifications” or “these Standard Specifications” is used in this book, it means the provisions set forth in this book, in conjunction with, by reference, the edition of the State Standard Specifications as referenced in the beginning of this book. 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.
State: The City of Emeryville.
Transportation Building, Sacramento City Hall, City of Emeryville, State of California.
State Highway Engineer The City Engineer of the City of Emeryville, State of California.
State Standard Specifications: Means the Standard Specifications of the California Department of Transportation, Business and Transportation Agency, dated 2018.
The Greenbook. Parts 2 through 6 of the Standard Specifications for Public Works Construction, 2018 Edition.
SECTION 1-1.08 DISTRICTS
Delete Section 1-1.08 Districts.
SECTION 1-1.11 WEB SITES, ADDRESSES, AND TELEPHONE NUMBERS Add to Section 1-1.11 Web Sites, Addresses, and Telephone Numbers as follows:
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 EPW 18-107 B-5
Reference Web Site Address Telephone Number
City of Emeryville http://www.emeryville.org/
1333 Park Avenue
Emeryville,
CA 94608
510-596-4334
On-line Plan
Repository
http://www.ciplist.com and
Delete from Section 1-1.11 Web Sites, Addresses, and Telephone Numbers the reference to Bidders' Exchange.
SECTION 1-1.12 MISCELLANY
Replace Section 1-1.12 Miscellany with the following:
Make checks and bonds payable to the City of Emeryville. 2 BIDDING
The Bidder's attention is directed to the provisions in Division I, Section 2, Bidding, of the Caltrans Standard Specifications, 2018, as modified by these special provisions as set forth below for the requirements and conditions which he/she must observe in the preparation of the proposal form and the submission of the bid.
The form of Bidder's Bond will be found following the signature page of the Proposal.
In accordance with Public Contract Code Section 7106, a Non-collusion Affidavit is included in the proposal. Signing the proposal shall also constitute signature of the Non-collusion Affidavit.
Replace, Delete or Add to Division I, Section 2, Bidding, of the Caltrans Standard Specifications, 2018, as follows:
SECTION 2-1.01 GENERAL
Replace Section 2-1.01 General with the following:
Section 2 includes specifications related to bid eligibility and the bidding process.
SECTION 2-1.02 BID INELIGIBILITY
Replace Section 2-1.02 Bid Ineligibility with the following:
If an individual, firm, partnership or corporation, including any of its affiliates, partners, officers, employees, parent companies or subsidiaries, has provided architectural or engineering services to the City for this Contract before bid submittal for this Contract, then such individual, firm, partnership and corporation, and any of its affiliates, partners, officers, employees, parent companies or subsidiaries is prohibited from any of the following:
1. Submitting a bid
2. Subcontracting for a part of the work
3. Supplying materials.
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 EPW 18-107 B-6
The firms of Coastland Civil LLP and Schaaf and Wheeler Consulting Civil Engineers have provided engineering and design services to the City for this Contract. Therefore, these firms, and any of their affiliates, partners, officers, employees, parent companies or subsidiaries are prohibited from being awarded the Contract for the project, subcontracting for a portion of the work under the Contract, or supplying materials for the work under the Contract. Accordingly, these persons and entities are ineligible to bid on the project and no Contract shall be awarded to such persons or entities identified as the Contractor, subcontractor or supplier on a submitted bid proposal for this Contract.
SECTION 2-1.03 CONTRACTOR REGISTRATION
Replace Section 2-1.03 Contractor Registration with the following:
No contractor or subcontractor may be listed on a bid proposal for this Contract unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].
SECTION 2-1.05 ADDENDUM
Add Section 2-1.05 Addendum as follows:
During the course of the bidding process if changes are made to the Plans, Specifications, Bid Documents or other Contract Documents, they will be posted to http://www.ciplist.com for prospective Bidders.
If discrepancies or apparent errors are found in the Contract Documents prior to the date of bid opening, Bidders shall submit a written request for clarification to the City Engineer, a minimum of Five (5) Days prior to Bid Date, which response to said request will be given in the form of addenda to all Bidders, if time permits.
The correction of any discrepancies in, or omissions from the Plans, Specifications, Bid Documents or other Contract Documents, or any interpretation thereof, during the bidding process will be made only by Addendum issued in writing by the City and signed by the City Engineer. A copy of each such Addendum issued by the City will be posted to http://www.ciplist.com. Any other interpretation or explanation of such documents will not be considered binding.
All Addenda must be signed by a Bidder and included with their proposal at the time of bid opening.
SECTION 2-1.06 BID DOCUMENTS
SECTION 2-1.06A GENERAL
Replace Section 2-1.06A General with the following:
The Bid Documents, set forth in Part A of City of Emeryville Specifications, include bid proposal form, certifications, bidder’s bond, declarations and acknowledgements. A standard proposal form, which, when filled out and executed shall be submitted as that Bidder's bid. Bids not presented on forms so furnished, and copies or facsimiles of the Bidder's completed and executed proposal forms submitted as a bid may be rejected by Owner in its sole discretion. Bid Documents, including Plans, Specifications, Notice Inviting Bids, Supplemental Specifications and any Addendum can be obtained on the internet at http://www.ciplist.com . State of California Department of Transportation Standard Specifications, 2018, and State of California Department of Transportation Standard Plans, 2018, are available for review at the City Public Works Office.
SECTION 2-1.06B SUPPLEMENTAL PROJECT INFORMATION
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 EPW 18-107 B-7
Replace Section 2-1.06B Supplemental Project Information with the following:
The availability or use of information described in this Section is not intended to be and shall not be construed to relieve the Bidder or Contractor from properly examining the site and making such additional investigations as it may elect, or from properly fulfilling all the terms of the Contract Documents.
SECTION 2-1.07 JOB SITE AND DOCUMENT EXAMINATION
Replace Section 2-1.07 Job Site And Document Examination with the following:
Examine the job site and Bid Documents. Notify the City of apparent errors and patent ambiguities in the Plans, Specifications, Notice Inviting Bids, Bid Documents, Supplemental Specifications and any Addendum. Failure to do so may result in rejection of a bid or rescission of an award.
Bid submission is your acknowledgment that you have examined the job site and Plans, Specifications, Notice Inviting Bids, Bid Documents, Supplemental Specifications and any Addendum and are satisfied with:
1. General and local conditions to be encountered;
2. Character, quality, and scope of work to be performed;
3. Quantities of materials to be furnished;
4. Character, quality, and quantity of surface and subsurface materials or obstacles; and
5. Requirements of the Contract.
SECTION 2-1.09 BID ITEM LIST
Replace Section 2-1.09 Bid Item List with the following:
Submit a bid based on the bid item quantities shown on the Bid Sheets.
SECTION 2-1.10 SUBCONTRACTORS LIST
Replace Section 2-1.10 Subcontractors List with the following:
On the Subcontractors List form, list each subcontractor that will perform work in an amount in excess of 1/2 of 1 percent of the total bid or $10,000, whichever is greater (Pub Cont. Code § 4100 et seq.).
For each subcontractor listed, the Subcontractors List form must show:
1. Business name and the location of its place of business.
2. California contractor license number.
3. Department of Industrial Relations contractor registration number.
4. Portion of work it will perform. Show the portion of the work by:
4.1. Bid item numbers for the subcontracted work
4.2. Dollar value and percentage of the subcontracted work for each bid item listed
4.3. Description of the subcontracted work if the percentage of the bid item listed is less than 100 percent
SECTION 2-1.12 DISADVANTAGED BUSINESS ENTERPRISES
Add to Section 2-1.12A:
This section is applicable to federally funded projects and only as directed in the special provisions.
SECTION 2-1.15 DISABLED VETERAN BUSINESS ENTERPRISES
Add to Section 2-1.15A:
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 EPW 18-107 B-8
This section is applicable only as directed in the special provisions.
SECTION 2-1.18 SMALL BUSINESS AND NON–SMALL BUSINESS SUBCONTRACTOR
PREFERENCES
Add to Section 2-1.18A:
This section is applicable only as directed in the special provisions.
SECTION 2-1.27 CALIFORNIA COMPANIES
Delete Section 2-1.27 California Companies.
SECTION 2-1.33 BID DOCUMENT COMPLETION AND SUBMITTAL
SECTION 2-1.33A GENERAL
Replace Section 2-1.33A General with the following:
Furnish a bid using blank forms provided in the Bid Documents. Bid must include all forms securely sealed in a suitable envelope and must be signed by the Bidder. Use the forms provided in the Bid Documents except as otherwise specified for a bidder's bond.
Do not fax or email bids. Failure to submit the bid as specified may result in a nonresponsive bid.
If an agent other than the authorized corporate officer or a partnership member signs the bid, file a Power of Attorney with the City either before opening bids or with the bid. Otherwise, the bid may be nonresponsive.
SECTION 2-1.33B ELECTRONIC BIDS
Delete Section 2-1.33B Electronic Bids.
SECTION 2-1.33D BID FORM SUBMITTAL SCHEDULES
SECTION 2-1.33D(1) GENERAL
Replace Section 2-1.33D(1) General with the following:
The Bid Document includes forms specific to the Contract. The deadlines for the submittal of the forms vary. Determine the requirements of the Contract and submit the forms based on the applicable deadline.
Bid forms and information on the form that are due after the time of bid may be submitted at the time of bid.
SECTION 2-1.34 BIDDER’S SECURITY
Replace Section 2-1.34 Bidder’s Security with the following:
Submit one of the following forms of Bidder’s security equal to at least ten percent (10%) of the bid:
(i) cash; (ii) cashier’s check; (iii) certified check; or (iv) signed Bidder’s Bond by an admitted surety insurer.
Submit cash, cashier’s check, certified check, or Bidder’s Bond to the City as part of your bid.
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 EPW 18-107 B-9
The Bidder's Bond must conform to the bond form shown in the Bid Documents for the project and must be properly filled out and executed. The surety’s signature must be notarized and the surety’s power of attorney must be attached. Original signatures are required.
SECTION 2-1.37 BID SUBMITTAL
Add Section 2-1.37 Bid Submittal as follows:
Submit your bid under sealed cover, marked outside of the envelope containing the bid in compliance with the instructions contained in the Notice Inviting Bids. No bid will be considered unless accompanied by Bidder’s security equal to at least ten percent (10%) of the bid in the form of: (i) cash; (ii) cashier’s check; (iii) certified check; or (iv) signed Bidder’s Bond which must comply with Section 2-1.34.
If the bid is made by an individual, the individual’s name and mailing address must be shown. If made by a firm or a partnership, the name and mailing address of each member of the firm or partnership must be shown. If made by a corporation, the bid must show the name of the state under the laws of which the corporation was chartered, and the names, titles and business addresses of the president, secretary and treasurer.
SECTION 2-1.40 BID WITHDRAWAL
Replace Section 2-1.40 Bid Withdrawal with the following:
Bids are not considered filed with the City until the date and time of bid opening.
A Bidder may withdraw or revise a bid after it has been submitted to the City if this is done before the bid opening date and time.
SECTION 2-1.43 BID OPENING
Replace Section 2-1.43 Bid Opening with the following:
The City publicly opens and reads bids at the time and place shown on the Notice Inviting Bids.
SECTION 2-1.46 DEPARTMENT’S DECISION ON BID
Replace Section 2-1.46 Department’s Decision On Bid with the following:
The City's decision on the bid amount is final.
The City may reject:
1. All bids
2. A nonresponsive bid.
SECTION 2-1.47 BID RELIEF
Replace Section 2-1.47 Bid Relief with the following:
The City may grant bid relief under Pub Contract Code § 5100 et seq. Submit any request for bid relief to the Director within five (5) calendar days after the opening of the bids.
SECTION 2-1.48 RESERVED
Add Section 2-1.48 BID PROTESTS as follows:
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 EPW 18-107 B-10
1. Any protest of the proposed Project award must be submitted in writing to the City no later than 5:00 PM on the third business day following the date of the bid opening.
2. The protest must contain a complete statement of the basis for the protest.
3. The protest must state the facts and refer to the specific portion of the document or the specific statute that forms the basis for the protest. The protest must include the name, address, and telephone number of the person representing the protesting party.
4. The party filing the protest must concurrently transmit a copy of the protest to the proposed awardee.
5. The party filing the protest must have submitted a bid for the Project. A subcontractor of a party filing a bid for the Project may not submit a bid protest. A party may not rely on the bid protest submitted by another bidder but must timely pursue its own protest.
6. The procedure and time limits set forth in these Instructions to Bidders are mandatory and are the bidders’ sole and exclusive remedy in the event of a bid protest. Any bidder’s failure to fully comply with these procedures shall constitute a waiver of any right to further pursue a bid protest, including filing of a challenge of the award pursuant to the California Public Contract Code, filing of a claim pursuant to the California Government Code, or filing of any other legal proceedings.
7. The City shall review all timely protests prior to award of the Project. The City shall not be required to hold an administrative hearing to consider any protests but may do so at its option.
At the time of the City Council’s consideration of the Project award, the City Council shall also consider the merits of any timely protests. The City Council may either reject the protest and award to the lowest responsible bidder or accept the protest and award the bid to the next lowest responsible bidder. Nothing in this section shall be construed as a waiver of the City Council’s right to reject all bids.
3 CONTRACT AWARD AND EXECUTION
The Bidder's attention is directed to the provisions in Division I, Section 3, Contract Award And Execution, of the Caltrans Standard Specifications, 2018, as modified by these special provisions as set forth below for the requirements and conditions which he/she must observe in the preparation of the proposal form and the submission of the bid.
Replace, Delete or Add to Division I, Section 3, Contract Award And Execution, of the Caltrans Standard Specifications, 2018, as follows:
SECTION 3-1.04 CONTRACT AWARD
Replace Section 3-1.04 Contract Award with the following:
If the City awards the contract, the City will use best efforts to award the contract to the lowest responsive bid submitted by a responsible Bidder within 90 calendar days after opening of the bids.
SECTION 3-1.04B ADDITIVE/DEDUCTIVE CONTRACT AWARD
Add Section 3-1.04B Additive/Deductive Contract Award as follows:
When the bid proposal form includes additive or deductive alternates, the Engineer will determine the lowest bid as defined in the special provisions. If no method is defined in the special provisions, the DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 EPW 18-107 B-11
lowest bid is determined on the base price without consideration for the prices of the additive or deductive alternates in compliance with Section 20103.8 of the Public Contract Code.
The City reserves the right to award or not award the Contract including or omitting the alternates.
Determination as to whether or not the alternates are included in the Contract will be made by the City.
All requirements in the Contract apply to the work required to complete the alternates.
SECTION 3-1.05 CONTRACT BONDS
Replace Section 3-1.05 Contract Bonds with the following:
Furnish two good and sufficient bonds to the City of Emeryville, California. Each bond must be in the amount equal to one hundred percent of the Total Contract Price. One bond is for payment of claims for labor and materials, and the other bond for faithful performance.
Only bonds from companies that are "Admitted" to do business in the State of California will be acceptable to the City. Bonding companies must be on the Department of Treasuries approved list in Circular 570. Bonds must remain in full force during the guaranty period. The required payment and performance bond forms are included in the Bid Documents.
SECTION 3-1.07 INSURANCE POLICIES
Add to Section 3-1.07 Insurance Policies with the following:
Procure and maintain, for the duration of the Contract, insurance against claims for injuries to persons, including death 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 insurance is included in your bid.
All certificates and endorsements are to be received, reviewed and approved by the Engineer before the City will execute the Contract. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
SECTION 3-1.08 SMALL BUSINESS PARTICIPATION REPORT
Delete Section 3-1.08 Small Business Participation Report.
SECTION 3-1.18 CONTRACT EXECUTION
Replace Section 3-1.18 Contract Execution with the following:
The successful Bidder must execute and deliver to the Engineer the signed Contract, performance and payment bonds, executed guarantee, insurance certificates and endorsements, including certified copies of any and all insurance policies, if requested by the Engineer, Federal W-9 tax Form, and proof of Emeryville Business License. The Engineer must receive these documents with ten (10) calendar days after the Bidder receives the Contract.
The Bidder’s Bond may be forfeited for failure to execute the Contract and provide the Engineer with all documents within the time specified.
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 EPW 18-107 B-12
SECTION 3-1.20 CITY BUSINESS LICENSE
Add 3-1.20 City Business License
The Contractor shall obtain a City Business License and for each subcontractor not already so licensed.
The cost shall be included in his bid.
4 SCOPE OF WORK
The Bidder's attention is directed to the provisions in Division I, Section 4, Scope of Work, of the Caltrans Standard Specifications, 2018, as modified by these special provisions as set forth below for the requirements and conditions which he/she must observe in the preparation of the proposal form and the submission of the bid.
Replace, Delete or Add to Division I, Section 4, Scope of Work, of the Caltrans Standard Specifications, 2018, as follows:
SECTION 4-1.02 INTENT
Add to Section 4-1.02 Intent the following:
All work and materials shall be in full accordance with the latest adopted standards and regulations of the State Fire Marshal; the California Building Code; Title 24 of the California Code of Regulations; the California Electrical Code; the California Plumbing Code; Americans With Disabilities Act; and all other applicable codes, laws, rules or regulations. Nothing in these Contract Documents is to be construed to permit work not conforming to these requirements. The Contractor agrees that immediately upon signing of the Contract, Contractor will diligently review the Contract Documents and determine if any work described or inferred within the Contract Documents is not in conformance with these requirements. Should the Contractor discover work within the Contract Documents not in conformance with these requirements, the Contractor agrees to immediately notify the Engineer in writing of said nonconformance, and to not proceed with nonconforming work. When the work detailed in the Contract Documents differs from governing codes, it is understood and agreed that the Contract sum is based upon the more costly or expensive standard.
The intent of the plans and Specifications is to prescribe the details for the construction and completion of the work which the Contractor undertakes to perform in accordance with the terms of the Contract, and that the work performed under the Contract results in a complete operating system in satisfactory working condition with respect to the functional purposes of the installation, and no extra compensation will be allowed for anything omitted but fairly implied. The prices paid for the various items in the proposal shall include full compensation for furnishing all labor, materials, tools, equipment, overhead, profit, incidentals, and doing all work necessary to complete the finished product as provided in the Contract Documents. Where the plans or Specifications describe portions of the work in general terms, but not in complete detail, it is understood that only the best general practice is to prevail and that only materials and workmanship of the finest quality are to be used. The Contractor shall furnish all labor, materials, tools, equipment, and incidentals, and do all the work involved in executing the Contract to the highest possible standard of workmanship.
Should it appear that the work to be done, or any of the matters relative thereto, are not sufficiently detailed or explained in the Contract Documents, or in the event of any doubt or question arising DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 EPW 18-107 B-13
respecting the true meaning of the Contract Documents, the Contractor shall apply to the Engineer in writing for such further explanations as may be necessary, and the Engineer shall render his or her decisions thereon. The Contractor shall thoroughly review all Requests for Information (RFI's) submitted by subcontractors prior to submission to the Engineer to determine whether such RFI's is already answered in the Contract Documents. The Contractor represents to City, that by submission of an RFI, the Contractor has thoroughly reviewed the RFI and thoroughly reviewed the Contract Documents, and determined that the RFI is not answered or reasonably inferable in the Contract Documents, and that the RFI pertains to an unforeseen condition or circumstance that is not described in the Contract Documents, that there is a conflict or discrepancy in the Contract Documents, or there is an omission in the Contract Documents.
You are responsible to obtain a copy of the Plans, Specifications and current applicable standards and keep them at the job site for reference.
You must maintain on the job site information on the manufacturer’s recommendation for installation or application when that information exists.
SECTION 4-1.05 CHANGES AND EXTRA WORK
SECTION 4-1.05A GENERAL
Add to Section 4-1.05A General the following:
In instances where you and the City dispute that certain work is extra work or a change in the character of the work, you are responsible to obtain from the Engineer, for the disputed work, agreement on: (i) labor; (ii) materials; and (iii) equipment.
The agreement for disputed work must be on a form provided by City and signed by both parties.
Contractor shall maintain and submit these records in compliance with Section 5-1.27. The Agreement for Disputed Work signed by the Engineer does not constitute agreement by the City to pay for disputed work.
4-1.06 DIFFERING SITE CONDITIONS
Add 1.06 D Archaeological Discoveries
Refer to Section 14-2.03 of Standard Specifications
SECTION 4-1.07 VALUE ENGINEERING
Add to Section 4-1.07 Value Engineering as follows:
This section is applicable only as directed in the special provisions.
SECTION 4-1.13A WORK SITE MAINTENANCE
Add Section 4-1.13A Work Site Maintenance as follows:
You agree, by acceptance of a Contract or issuance of permit, to properly maintain the work site in a safe, clean and neat condition at all times.
Prior to the end of each workday you must remove all equipment and construction materials from the public right-of-way and authorized encroachments to private property, except as may be authorized DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 EPW 18-107 B-14
by such permits. The public right-off-way and encroachments to private property must be clean of any construction materials including but not limited to concrete, oils, asphalt, sand, aggregate, base, construction material packaging.
At the direction of the Engineer, use a self-loading motor street sweeper with spray nozzles to clean the right-of-way. Do not use street sweepers or blowers that use high velocity air to disperse or blow contaminants out of project area. Clean project area and surrounding perimeter including any other area impacted by this work.
Any traffic stripes or pavement markings that are removed or obliterated during work must be replaced with temporary tape, markers, or paint prior to opening the area to traffic. This maintenance and repair responsibility will run for the life of the encroachment and guarantee period. Replace with permanent striping and pavement markings in compliance with Section 84.
SECTION 4-1.13B STOCKPILES
Add Section 4-1.13B Stockpiles as follows:
Keep stockpile materials in the street to a minimum and remove by the end of each work day.
Sweeping is required to remove stockpile residue either by hand, or at the direction of the Engineer, by mechanical street sweeper.
Provisions must be made for controlling dust, arising for whatever reason, from stockpile materials or work on the project. You are responsible for maintaining all stockpile areas in a neat and dust-free condition, with adequate storm water controls. Comply with Section 5-1.20B(4). 5 CONTROL OF WORK
The Bidder's attention is directed to the provisions in Division I, Section 5, Control of Work, of the Caltrans Standard Specifications, 2018, as modified by these special provisions as set forth below for the requirements and conditions which he/she must observe in the preparation of the proposal form and the submission of the bid.
Replace, Delete or Add to Division I, Section 5, Control of Work, of the Caltrans Standard Specifications, 2018, as follows:
SECTION 5-1.01 GENERAL
Replace the 9th paragraph in Section 5-1.01 General with the following:
Whenever you change the normal agreed-to hours of work you must provide 24-hour notice to the Engineer. The Engineer may or may not approve such a change. If the change is not approved, any work you perform outside the normal hours of work and in the absence of the Engineer will be subject to rejection.
Normal hours of work fall between 7:00 A.M. and 5:00 P.M. Monday through Friday excluding City holidays. Obtain approval from the City for any work between the hours of 5 P.M. and 7 A.M., or on Saturday, Sunday or City holidays pursuant to Chapter 13 of Title 5 of the Emeryville Municipal Code.
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SECTION 5-1.02 CONTRACT COMPONENTS
Replace Section 5-1.02 Contract Components with the following:
A component in one contract part applies as if appearing in each. The parts are complementary and describe and provide for complete work. These standard specifications work in conjunction with:
1. project plans;
2. engineering standards;
3. standard plans;
4. manufacturer’s recommendations.
Where materials and methods are specified, details in plans and standards are to be consulted to provide full information needed to complete installations.
If a discrepancy exists, the governing ranking of Contract parts in descending order is:
1. All Approved Contract Change Orders to the Agreement
2. Construction Agreement
3. Notice Inviting Bids
4. Bid or Proposal accepted by the City
5. project special provisions;
6. project plans;
7. Part B General Provisions
8. City engineering standards; Including Greenbook, 2018 Edition Parts 2 through 6
9. City standard specifications;
10. State standard specifications;
11. State standard plans;
12. Written numbers and notes on a drawing govern over graphics;
13. A detail drawing governs over a general drawing;
14. A detail specification governs over a general specification;
15. A Specification in a section governs over a specification referenced by that section.
Where manufacturer's recommendations for installation are more stringent than those prescribed in the standard specifications or the special provisions, the manufacturer's recommendations will take precedence. This condition may be waived at the discretion of the Engineer.
Working drawings must be submitted in compliance with the provisions in Section 5-1.23.
SECTION 5-1.02B SEQUENCING
Add Section 5-1.02B Sequencing as follows:
Work within any block must be finished and the right-of-way completely restored (including finished pavement) prior to commencing work at any other permitted location or along any other portion of a permitted route. The Engineer may grant exceptions for permitted activities with low impacts to traffic (e.g. directional bore).
SECTION 5-1.09 PARTNERING
Delete Section 5-1.09 Partnering.
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SECTION 5-1.12 ASSIGNMENT
Replace Section 5-1.12 Assignment with the following:
The performance of all or any part of the Contract may not be assigned. Further, the right to receive any or all Contract payments may not be assigned.
SECTION 5-1.13 SUBCONTRACTING
SECTION 5-1.13A GENERAL
Replace 5th paragraph in Section 5-1.13A General with the following:
Perform work equaling at least 40 percent of the value of the original total bid with your employees, equipment, rental equipment with operator or rental equipment without operators.
SECTION 5-1.13B DISADVANTAGED BUSINESS ENTERPRISE
Delete Section 5-1.13B Disadvantaged Business Enterprise.
SECTION 5-1.13C DISABLED VETERAN BUSINESS ENTERPRISES
Delete Section 5-1.13C Disabled Veteran Business Enterprises.
SECTION 5-1.13D NON-SMALL BUSINESSES
Delete Section 5-1.13D Non-Small Businesses.
SECTION-1.15 MEANS & METHODS
Add 5-1.15 Means and Methods
The City will not have control over, be in charge of, nor be responsible for construction means, methods, techniques, sequences, or procedures, or for the safety precautions and programs in connection with the work, since these are solely Contractor's responsibility.
The City or adjacent property owner may perform other work adjacent to or within the project area, concurrent with the Contractor's operations. The Contractor shall cooperate fully with the City in all operations which coincide with other work being performed and provide City with such scheduling and other information as may be required by the City to perform such other work. The Contractor shall conduct operations to minimize interference with the work of other forces or contractors performing such work. This work performed by a second contractor may include work which is incomplete or in dispute with the Contractor.
Any disputes or conflicts which may arise between the Contractor and any other forces or contractors retained by the City, causing delays or hindrance to each other, shall be referred to the Engineer for resolution.
The City shall have the right at any time during the progress of this work to take over and place in service any completed or partially completed portion of the work, notwithstanding the time for completion of the entire work or such portions which may not have expired; but such taking possession thereof shall not be deemed an acceptance of any of the work, nor work on those portions not completed in accordance with the Contract Documents.
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 EPW 18-107 B-17
SECTION 5-1.16 REPRESENTATIVE
Add to Section 5-1.16 Representative with:
If such project superintendent is not present, the City may deduct from the contract price an amount equivalent to the reasonable hourly rate for a superintendent for each hour or fraction thereof such person is not present on the project site.
SECTION 5-1.17 CHARACTER OF WORKERS
Add to Section 5-1.17 Character of Workers the following:
If in the opinion of the Engineer, any person associated with the Project including but not limited to an employee of the Contractor fails, to comply with Contract provisions after receiving either written or oral notification, at the discretion of the Engineer, that person must not again be employed on the work or project.
SECTION 5-1.18 CHANGE DUE TO MATERIALLY DIFFERENT CONDITIONS Add 5-1.18 Change Orders Due To Materially Different Conditions If any of the conditions set forth in Sections 5-1.16 "Hazardous Waste in Excavation" and 5-1.17 "Trenching Conditions" above, are encountered, the City will promptly investigate the conditions, and if it finds that (1) the conditions do materially differ, or do involve hazardous waste, and (2) cause a decrease or increase in the contractor's cost of, or the time required for, performance of any part of the work, the City will issue a change order under the procedures described in the Standard Specifications Section 4-1.03.
In the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or 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 this Contract, but shall proceed with all work to be performed under this Contract. The Contractor shall retain any and all rights provided under law which pertain to the resolution of disputes and protests between the contracting parties.
SECTION 5-1.20B PERMITS. LICENSES, AGREEMENTS, AND CERTIFICATIONS SECTION 5-1.20B(3) AFTER AWARD
Add to Section 5-1.20B(3) After Award as follows:
Contractor is required to obtain No Fee Building Permit from the City of Emeryville Building Division prior to commencing work at the project site as indicated elsewhere in these Specifications.
Contractor is required to prepare and Submit a Waste Management Plan. On-line Plan Prep Tools are available at www.emeryville.wastetracking.com. Paper Plan Prep tool are available at http:///emeryville.org/DocumentCenter/View/10133. As of August, 2018 online tools cost 1/3 of the paper tools cost.
SECTION 5-1.20B(4) CONTRACTOR–PROPERTY OWNER AGREEMENT
Add to Section 5-1.20B(4) Contractor–Property Owner Agreement as follows:
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Obtain approval of City Engineer of a Construction Stormwater Pollution Prevention Plan in accordance with Article 3, Chapter 13, Title 6 of the City of Emeryville Municipal Code, and any permit that may be required in accordance with Chapter 5, Title 7 of the City of Emeryville Municipal Code, for the stockpiling of materials in the City. Dispose of all materials not used in work in a legal manner.
Prior to use, furnish the Engineer evidence that properties have required permits, licenses and clearances
to be a temporary storage site for stockpiling.
SECTION 5-1.20B(5) COMPLY WITH LOCAL, STATE AND FEDERAL REGULATIONS Add Section 5-1.20B(5) Comply with Local, State and Federal Regulations as follows:
You are responsible to comply with all local, state and federal rules, regulations and statutes as it relates to the work under the Contract in compliance with the Contract Documents.
Should you fail to meet the requirements of a permit or rule, regulation or statute as it pertains to work under the Contract, and the City has notice of an impending fine or mitigation measure to be levied or imposed against the City, the City may withhold payment or portions of payment in compliance with Section 9-1.16E in an amount sufficient to satisfy any fine or mitigation measure that may be levied or imposed on the City in addition to any other retention held.
SECTION 5-1.20G CITY AUTHORIZATIONS AND PERMITS
Add Section 5-1.20G City Authorizations and Permits as follows:
If you desire to discharge to the sanitary sewer, you must receive prior permission from the East Bay Municipal Utility District (EBMUD) Wastewater Collection Supervisor and the City. Flushing waterlines must comply with Section 77-3.
If permission to discharge requires an Industrial User Discharge Permit, you must submit an Industrial User Discharge Permit Application to EBMUD’s Wastewater Collection Supervisor and the City Environmental Programs Manager. You must comply with all conditions of the issued permit and pay all applicable fees. Maintain proof of authorization to discharge at the job site at all times and provide that information to Engineer upon request.
An Alameda County Fire Protection District (a.k.a. Fire Department) permit is required prior to crossing any liquid petroleum or high-pressure gas main. If a prior encroachment conflicts with the proposed work, you must arrange for any necessary removal or relocation with the prior permittee. Any such removal or relocation will be at no expense to the City.
Before using explosives in work, you must receive authorization from the Engineer and obtain a permit for use from the Alameda County Fire Protection District (a.k.a. Fire Department). You may also be required to increase the amount of insurance coverage if, in the opinion of the Engineer, your insurance does not include sufficient coverage for use of explosives.
SECTION 5-1.23 SUBMITTALS
SECTION 5-1.23A GENERAL
Replace Section 5-1.23A General with the following:
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Submittals are required for (i) materials and equipment not specified by standards, or a trade name and number, (ii) for working drawings. Submittals are also required when specified in the contract documents, and Regulatory Requirements.
Where products are clearly identified by standards or trade names and no substitution is proposed, no submittal is required.
Submit adequate descriptive information, from which the Engineer can determine if the proposed (i) materials, (ii) equipment, or (iii) working drawings are in compliance to the design concept and in compliance with the contract documents. Submittal must consist of (i) drawings, (ii) specifications, (iii) calculations, (iv) descriptive data, (v) certificates, (vi) samples, (vii) MSDS sheets, (viii) test results, and (ix) information required in the specifications.
Submittal will be reviewed for general compliance with the design concept and general compliance with the information given in the contract documents. Submittals will not be reviewed for (i) quantities, (ii) dimensions, (iii) coordination with the work of other trades, or (iv) construction safety precautions, all of which are your sole responsibility. Review of a specific item does not indicate acceptance of an assembly of which the item is a component. The Engineer and contract designer are not required to review and will not be responsible for any deviations from the contract documents not clearly noted.
Partial submittals and partial grouped submittals will not be reviewed.
SECTION 5-1.23A(1) COORDINATION
Add Section 5-1.23A(1) Coordination as follows:
Submittals must be furnished by you to the Engineer. You must coordinate, compile and submit all required submittals from suppliers and subcontractors to the Engineer. All communications between you and a contract designer must be written and submitted to the Engineer to furnish to contract designer.
SECTION 5-1.23A(2) ORGANIZATION
Add Section 5-1.23A(2) Organization as follows:
Submittals must be accompanied with a transmittal. Contractor and City shall coordinate regarding an appropriate and acceptable indexing system to accompany transmittals.
SECTION 5-1.23D DEVIATION FROM CONTRACT
Add Section 5-1.23D Deviation from Contract as follows:
If you propose to provide any material, equipment or working drawings which deviates from the contract requirements, indicate this on the transmittal form accompanying the submittal. In the transmittal provide a brief description of submittal and why the deviation is requested and compare the material, coatings, mechanical functions, energy efficiency and warranty differences between the material specified and the material submitted.
SECTION 5-1.23E SUBMITTAL COMPLETENESS
Add Section 5-1.23E Submittal Completeness as follows:
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Submittals which do not contain all the information required to allow the Engineer to make a determination as to the submittal’s acceptability and compliance with the project documents, will be returned without a complete review. A resubmittal must be made.
SECTION 5-1.23F SUBMITTAL PACKAGE
Add Section 5-1.23F Submittal Package as follows:
Group submittals are to be made to expedite the review process and to reduce the likelihood of conflicts among submittals. Submittals for various items must be made as a single submittal when the items taken together constitute a manufacturer's package or are so functionally related that expediency indicates checking or review of the group or package as a whole. Conversely, various items which are not functionally related must be submitted separately. Submittal packages which are not appropriately grouped will be returned without review. Provide one complete portable document format (PDF) file of each submittal to the Engineer. If you are unable to provide electronic documents, provide two complete copies of each submittal to the Engineer. The Engineer will retain one copy of the submittal and make good faith efforts to return one package to you within three weeks. Submittals that require review by a City consultant designer will require one additional copy of the submittal as well as one additional week of review time. Submittals that require review by an outside agency or utility company will require one additional copy of the submittal and additional review time as determined by the outside agency or utility company.
SECTION 5-1.23G RETURNED SUBMITTALS
Add Section 5-1.23G Returned Submittals as follows:
Returned submittals will indicate one of the following actions.
1. No Exceptions Taken – The review indicates that the material, equipment, or work method is in compliance with the design concept and complies with the contract documents. You may begin implementing the work method or incorporate the material or equipment covered by the submittal.
2. Make Corrections Noted – The review indicates limited corrections are required to the submittal in order for the material, equipment, or work method to be in compliance with the design concept and to comply with the contract documents. You may begin implementing the work method or incorporating the material and equipment covered by the submittal in compliance with the noted corrections. Where submittal information will be incorporated in Operation and Maintenance data, a corrected copy must be provided.
3. Revise and Resubmit – The review indicates that the submittal is insufficient or contains incorrect data. Except at your own risk, you may not undertake work covered by this submittal until it has been revised, resubmitted and returned marked either "No exceptions taken" or "Make corrections noted."
4. Rejected – The review indicates that the material, equipment, or work method is not in compliance with the design concept and not in compliance with the contract documents.
Except at your own risk, you may not undertake the work covered by such submittals until a new submittal is made and returned marked either "No exceptions taken" or "Make corrections noted."
5. Information Only – The review indicates that the submittal contains contract required information.
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 EPW 18-107 B-21
SECTION 5-1.23H RESPONSIBILITY
Add Section 5-1.23H Responsibility as follows:
Review of working drawings or submittals does not relieve Contractor of responsibility for errors and does not indicate an assumption of risks or liability by the City, or by any officer or employee of City, or by any consulting firm conducting the review on behalf of the City and Contractor shall have no claim under the Contract on account of the failure, or partial failure, of the method of work, material or equipment reviewed. A mark of "No exceptions taken" or "Make corrections noted" means that the City has no objection to you using the plan, method of work proposed or providing the materials or equipment proposed.
SECTION 5-1.23I CHARGES FOR THIRD PARTY SUBMITTAL REVIEW Add Section 5-1.23I Charges for Third Party Submittal Review as follows:
The Engineer will allow up to two reviews of each submittal. If Contractor is required to make a third or subsequent submittal for any item, then the costs of the additional reviews will be at Contractor’s expense. The cost of the review will be deducted from payments due. The cost of the review by contract professional services will be on a time and materials basis at standard company billing rates.
Billing for this expense will be in compliance with Section 9-1.23.
SECTION 5-1.26 CONSTRUCTION SURVEYS
Replace Section 5-1.26 Construction Surveys with the following:
5-1.26A General
Contractor must provide the necessary horizontal and vertical survey control for the completion of the work. Survey work must be performed by a Licensed Land Surveyor or a Registered Civil Engineer.
Control must be provided for site grading, significant layout, or as directed by the Engineer. Control must be provided in the same system of units as shown. Contractor must provide surface grade control every 50 feet and at grade breaks and begin and end of curves. Contractor must mark the control points in the field and provide a printed sheet with the point information, site layout, and control point layout to the Engineer.
5-1.26B Payment
Full compensation for work specified in Section 5-1.26A and applicable engineering standards is included in the payment for other bid items unless a bid item of work is shown on the bid item list.
SECTION 5-1.27E CHANGE ORDER BILLS
Replace Section 5-1.27E Change Order Bills with the following:
Contractor must deliver all Change Order Bills and support documents and disputed work daily agreements in writing to the Engineer. A Change Order Bill will not be accepted by the Engineer unless prior approval for the work has been given. A change order is approved when Contractor and the Engineer have each approved it in writing.
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SECTION 5-1.32 AREAS FOR USE
Add to Section 5-1.32A Areas for Use the following:
Personal vehicles of contractor employees, construction equipment, and the contractor’s vehicle must be parked in areas approved by the Engineer.
SECTION 5-1.36 PROPERTY AND FACILITIES PRESERVATION
SECTION 5-1.36A GENERAL
Add to Section 5-1.36A General the following:
12. Infrastructure
13. street surfacing
14. traffic stripes
15. pavement markings and markers
16. survey monuments
17. benchmarks
18. utilities
19. trees
20. traffic signal equipment including interconnecting conductors
21. other public fixtures
22. EV charging stations and related conduit.
Contractor shall comply with California Government Code § 4216 et seq. Contractor shall notify the Engineer at least 3 business days before Contractor contacts the regional notification center. Failure to contact the notification center prohibits excavation.
Restore facilities in kind in compliance with appropriate specifications, standards, and plans.
Monuments and bench marks must comply with Section 5-1.36.
Where trees or tree roots are present in the work area, tree protection must comply with Section 77-
1.03A(2)(g) and Chapter 2 and Chapter 7 of Title 7 of the Emeryville Municipal Code.
The Engineer reserves the right to require you to video inspect any storm drain or sanitary sewer service line or mainline suspected of damage by your operation. The Engineer may require a video inspection of the damaged facility. Provide written notification to the property owner, with a copy to the Engineer, prior to any modification, repair or replacement of the damaged facility which, in the case of a damaged sanitary sewer service line or mainline, shall all be conducted in compliance with Chapter 8 of Title 7 of the Emeryville Municipal Code.
Damage to property and facilities must be reported immediately to the Engineer.
Prior to beginning work Contractor shall determine the location of any underground facilities.
Contractor shall contact Underground Service Alert at 811 and request all utility lines to be marked.
SECTION 5-1.36A(1) TRENCHLESS OPERATIONS
Add Section 5-1.36A(1) Trenchless Operations as follows:
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When any trenchless method is used to install or repair a utility, all pressurized utility lines and sewer laterals that will be crossed must be pot-holed. Other State or Federal requirements may apply. When completing work by a directional bore, Contractor must field locate and verify the condition, type of material and depth of all service lines and mainlines to be crossed.
If the bore will provide at least 3 feet of clearance from sewer laterals, field locating of sewer laterals may be waived by the Engineer.
SECTION 5-1.36B LANDSCAPE
Add to Section 5-1.36B Landscape as follows:
Contractor shall repair minor damage to turf by top dressing to create an even grade with amended topsoil and seeding with an approved seed mix. Damage to turf in excess of 100 square feet may be required to be replaced with sod in City’s sole discretion. 5-1.36C Railroad Property
Add to Section 5-1.36C.
If the Contract does not include an agreement with a railroad company, do not allow personnel or equipment on railroad property. Prevent material, equipment, and debris from falling onto railroad property.
SECTION 5-1.36D NONHIGHWAY FACILITIES
Replace Section 5-1.36D Nonhighway Facilities with the following:
Before starting work that could damage or interfere with underground infrastructure, locate the infrastructure described in the Contract, including laterals and other appurtenances, and determine the presence of other underground infrastructure inferred from visible facilities, such as buildings, meters, and junction boxes.
Underground infrastructure described in the Contract may be in different locations from those described, and additional infrastructure may exist.
Upon discovering an underground main or trunk line not described in the Contract, immediately notify the Engineer and the infrastructure owner. If the Engineer orders the locating and protecting of the infrastructure, then the locating and protecting of the infrastructure is change order work. If ordered, Contractor shall repair infrastructure damage. If the damage is not due to Contractor’s negligence, the repair is change order work.
Immediately notify the Engineer of a delay due to the presence of main-line underground infrastructure not described in the Contract or in a substantially different location.
Notify the Engineer if the infrastructure described in the Contract cannot be found. If after giving the notice, Contractor finds the infrastructure in a substantially different location from that described, efforts of Contractor to find the infrastructure is change order work.
The City may rearrange a nonhighway facility during the Contract. Rearrangement of a nonhighway facility includes installation, relocation, alteration, or removal of the facility.
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The City may authorize facility owners and their agents to enter the highway to perform rearrangement work for their facilities or to make connections or repairs to their property. Coordinate activities to avoid delays. If necessary rearrangement of underground infrastructure is not described in the Contract, the Engineer may order Contractor to perform the work. The rearrangement is change order work.
Immediately notify the Engineer of a delay due to a rearrangement different from that described in the Contract.
If Contractor wants infrastructure rearrangement different from that described in the Contract, Contractor shall notify the Engineer, make an arrangement with the infrastructure owner, obtain authorization for the rearrangement from the Engineer and pay the infrastructure owner any additional cost.
The City does not adjust time or payment for a rearrangement different from that described in the Contract.
SECTION 5-1.36E SURVEY MONUMENTS
Add to Section 5-1.36E Survey Monuments as follows:
Contractor shall protect all survey monuments on and off the highway.
All survey and construction, maintenance or other work must be performed consistent with Section 8725 and 8771 of the California Business & Professions Code. Monuments and bench marks must be set by a Licensed Land Surveyor or a Registered Civil Engineer properly licensed to complete survey work. The City reserves the right to review the Land Surveyor or Engineer's license to determine its validity.
Sufficient controlling monuments shall be retained or replaced in their original positions to enable property, right-of-way and easement lines, property corners, and subdivision and tract boundaries to be reestablished. Anything that appears to be a monument or benchmark must be reported to the Engineer prior to construction or disturbance. A Licensed Land Surveyor must locate and reference known monuments or benchmarks that will be disturbed by construction activities. A corner record shall be filed with the County prior to construction for any monument or benchmark that will be disturbed by construction. The corner record must detail the location of the monument and any tieouts. Should the existing survey monument be disturbed or destroyed during construction, it must be reset at the previous location. All tie-outs must be removed after the original monument is reestablished. Should any existing benchmark be disturbed or destroyed during construction, a new one must be set at a nearby, but different, location than the existing, as determined by the Engineer prior to construction. For monuments, a corner record must be filed with the County and a copy delivered to the Engineer before and after construction. For benchmarks, documentation of the transferred bench mark, including a location map, field notes and surveyor certification, must be delivered to the Engineer prior the project acceptance. Damaged or disturbed property corners must be replaced by a Land Surveyor at the contractor’s or owner’s expense.
Upon discovery of a survey monument not identified and located immediately stop work near the monument and notify the Engineer. Do not resume work near the monument until authorized by the Engineer.
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SECTION 5-1.38 MAINTENANCE AND PROTECTION RELIEF
Add to Section 5-1.38 Maintenance and Protection Relief as follows:
However, nothing in this Section 5-1.38 providing for relief from maintenance and responsibility will be construed as relieving Contractor of full responsibility for correcting any defective work or materials found at any time.
SECTION 5-1.39 DAMAGE REPAIR AND RESTORATION
SECTION 5-1.39A GENERAL
Add to Section 5-1.39A General as follows:
Contractor must immediately repair or install approved alternate to any facility missing, damaged or nonoperational as a result of its work, prior to continuing with the other Contract work. If the repairs are not made as required, Contractor agrees to the cost of those repairs made by others at the City’s direction in compliance with Section 9-1.23.
SECTION 5-1.39C LANDSCAPE DAMAGE
SECTION 5-1.39C(1) GENERAL
Add to the end of the 1st paragraph of Section 5-1.39C(1) General as follows:
or permanent erosion control establishment.
6 CONTROL OF MATERIALS
The Bidder's attention is directed to the provisions in Division I, Section 6, Control of Materials, of the Caltrans Standard Specifications, 2018, as modified by these special provisions as set forth below for the requirements and conditions which he/she must observe in the preparation of the proposal form and the submission of the bid.
Replace, Delete or Add to Division I, Section 6, Control of Materials, of the Caltrans Standard Specifications, 2018, as follows:
SECTION 6-1.04 BUY AMERICA
Add to Section 6-1.04 Buy America as follows:
This section is applicable only as directed in the special provisions.
SECTION 6-1.05 SPECIFIC BRAND OR TRADE NAME AND SUBSTITUTION Replace Section 6-1.05 Specific Brand Or Trade Name And Substitution with the following:
Whenever the specifications permit the substitution of a similar or equivalent material or article, no tests or action relating to the approval of the substitute material will be made until Contractor’s request for substitution is made in writing accompanied by complete data as to the equality of the material or article proposed. The request must be made a minimum of ten working days prior to the bid opening date identified in the Notice to Bidders.
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Substitutions requested after bid opening must be made in ample time to permit approval without delaying the work. Requests for substitutions must comply with Section 5-1.23.
Any substitutions that are approved must be furnished without additional cost to the City. If any changes are required for the proper installation and fit of alternative materials or equipment, or because of deviations from the contract plans and specifications, such changes must not be made without the consent of the Engineer and must be made without additional cost to the City.
SECTION 6-1.06 ASSUMPTION OF PROCUREMENT CONTRACT
Add Section 6-1.06 Assumption of procurement contract as follows:
If a bid item includes or otherwise requires an “Assumption of Procurement Contract”, the contractor acknowledges and agrees to assume the transfer and ownership of all liabilities, obligations, and claims that currently exist or may in the future regarding the Assignment. As of the Contract Effective Date, the Contractor agrees to comply with all terms, make all payments, and perform all the conditions, covenants, and any other duties as part of the Assignment.
SECTION 6-2 QUALITY ASSURANCE
SECTION 6-2.01 GENERAL
SECTION 6-2.01A GENERAL
Modify table in 7th paragraph regarding California Test for Relative compaction with the following:
Testing method for Relative Compaction is:
1. ASTM D-1557
2. ASTM D-2922
3. ASTM D-3017
SECTION 6-2.01B AUTHORIZED FACILITY AUDIT LISTS
Delete Section 6-2.01B Authorized Facility Audit Lists.
SECTION 6-2.01C AUTHORIZED MATERIAL LISTS
Delete Section 6-2.01C Authorized Material Lists.
7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
The Bidder's attention is directed to the provisions in Division I, Section 7, Legal Relations And Responsibility To The Public, of the Caltrans Standard Specifications, 2018, as modified by these special provisions as set forth below for the requirements and conditions which he/she must observe in the preparation of the proposal form and the submission of the bid.
Replace, Delete or Add to Division I, Section 7, Legal Relations And Responsibility To The Public, of the Caltrans Standard Specifications, 2018, as follows:
SECTION 7-1.02I(2) NONDISCRIMINATION
Replace Section 7-1.02I(2) Nondiscrimination with the following:
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Under 2 CA Code of Regs § 11105:
1. During the performance of this contract the recipient, contractor, and its subcontractors shall not deny the contract's benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status. Contractor shall insure that the evaluation and treatment of employees and applicants for employment are free of such discrimination.
2. Contractor shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code, §§ 11135-11139.5), and the regulations or standards adopted by the awarding state agency to implement such article.
3. Contractor or recipient shall permit access by representatives of the Department of Fair Employment and Housing and the awarding state agency upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours' notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or Agency shall require to ascertain compliance with this clause.
4. Recipient, contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.
5. The contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract.
Under 2 CA Code of Regs § 11122:
STANDARD CALIFORNIA NONDISCRIMINATION CONSTRUCTION CONTRACT SPECIFICATIONS (GOV. CODE SECTION 12990)
These specifications are applicable to all state contractors and subcontractors having a construction contract or subcontract of $5,000 or more.
1. As used in the specifications:
a. "Act" means the Fair Employment and Housing Act.
b. "Administrator" means Administrator, Office of Compliance Programs, California Department of Fair Employment and Housing, or any person to whom the Administrator delegates authority;
2. Whenever the contractor or any subcontractor subcontracts a portion of the work, it shall include in each subcontract of $5,000 or more the nondiscrimination clause in this contract directly or through incorporation by reference. Any subcontract for work involving a construction trade shall also include the Standard California Construction Contract Specifications, either directly or through incorporation by reference.
3. The contractor shall implement the specific nondiscrimination standards provided in paragraphs 6(a) through (e) of these specifications.
4. 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 members of any group protected by the Act shall excuse the contractor's obligations under these specifications, DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 EPW 18-107 B-28
Government Code section 12990, or the regulations promulgated pursuant thereto.5. In order for the nonworking training hours of apprentices and trainees to be counted, 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 or the California Department of Industrial Relations.
5. In order for the nonworking training hours of apprentices and trainees to be counted, 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 or the California Department of Industrial Relations.
6. The contractor shall take specific actions to implement its nondiscrimination program. 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 must be able to demonstrate fully its efforts under steps a. through e. below:
a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites, and at all facilities at which the contractor's employees are assigned to work. The contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the contractor's obligations to maintain such a working environment.
b. Provide written notification within seven days to the director of the DFEH when the referral process of the union or unions with which the contractor has a collective bargaining agreement has impeded the contractor's efforts to meet its obligations. c. Disseminate the contractor's equal employment opportunity policy by providing notice of the policy to unions and training, recruitment and outreach programs and requesting their cooperation in assisting the contractor to meet its obligations; and by posting the company policy on bulletin boards accessible to all employees at each location where construction work is performed.
d. Ensure all personnel making management and employment decisions regarding hiring, assignment, layoff, termination, conditions of work, training, rates of pay or other employment decisions, including all supervisory personnel, superintendents, general foremen, on-site foremen, etc., are aware of the contractor's equal employment opportunity policy and obligations, and discharge their responsibilities accordingly. e. Ensure that seniority practices, job classifications, work assignments, and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the equal employment opportunity policy and the contractor's obligations under these specifications are being carried out.
7. Contractors are encouraged to participate in voluntary associations that assist in fulfilling their equal employment opportunity obligations. 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 these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on equal employment opportunity in the industry, ensures that the concrete benefits of the program are reflected in the contractor's workforce participation, and can provide access to documentation that demonstrates the DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 EPW 18-107 B-29
effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the Contractor's.
8. The contractor is required to provide equal employment opportunity for all persons.
Consequently, the contractor may be in violation of the Fair Employment and Housing Act (Government Code section 12990 et seq.) if a particular group is employed in a substantially disparate manner.
9. The contractor shall not use the nondiscrimination standards to discriminate against any person because race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status.
10. The contractor shall not enter into any subcontract with any person or firm decertified from state contracts pursuant to Government Code section 12990.
11. The contractor shall carry out such sanctions and penalties for violation of these specifications and the nondiscrimination clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Government Code section 12990 and its implementing regulations by the awarding agency. Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Government Code section 12990.
12. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company equal employment opportunity policy is being carried out, to submit reports relating to the provisions hereof as may be required by OCP 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, status, (e.g., mechanic, apprentice trainee, helper, or laborer), 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 any easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.
SECTION 7-1.02K LABOR CODE
SECTION 7-1.02K(1) GENERAL
SECTION 7-1.02K(2) WAGES
SECTION 7-1.02K(3) CERTIFIED PAYROLL RECORDS (LABOR CODE §1776) Replace Section 7-1.02K(1) General, Section 7-1.02K(2) Wages, and Section 7-1.02K(3) Certified Payroll Records (Labor Code §1776) with the following:
Work on the job site must comply with Labor Code §1720 et seq. and 8 CA Code of Regulations §16000 et seq. Work includes roadside production and processing of materials and hauling and delivery of ready-mix concrete.
1. LABOR CODE REQUIREMENTS. In the performance of this Contract, Contractor’s attention is directed to the following requirements of the Labor Code:
A. Hours of Labor. Eight hours labor constitutes a legal day’s work. Contractor shall forfeit, as penalty to City, $25 for each worker employed in the performance of the Contract by Contractor or by any subcontractor under it for each calendar day during which such worker is required or permitted to work more than eight hours in any one day and 40 hours in any one calendar week in violation of the provisions of the California Labor Code and in particular, Sections 1810 to 1815, DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 EPW 18-107 B-30
inclusive. Work performed by employees of the Contractor in excess of eight hours per day and 40 hours during any one week shall be permitted upon compensation for all hours worked in excess of eight hours per day at not less than one-and-one-half times the basic rate of pay, as provided in Section 1815.
B. Prevailing Wages. Contractor shall comply with California Labor Code Sections 1770 to 1780, inclusive. In accordance with Section 1775, the Contractor shall forfeit as a penalty to City an amount as determined by the Labor Commissioner not to exceed $200 for each calendar day or portion thereof for each worker paid less than stipulated prevailing wage rates for such work or craft in which such worker is employed for any work done under the contract by him or by any subcontractor under it in violation of the revisions of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by Contractor. Pursuant to the provisions of Section 1773 of the Labor Code, the City has obtained the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work applicable to the work to be done from the Director of the Department of Industrial Relations. Copies of the prevailing wage rates are on file at the City and are available for review upon request. Pursuant to §1773.2 of the Labor Code, the Contractor shall post general prevailing wage rates at a prominent place at the site of the work.
C. Payroll Records. Effective January 1, 2016, Contractor and each subcontractor shall submit electronic certified payroll records to the California Labor Commissioner in the manner and format set forth in California Labor Code Section 1771.4. The Contractor's attention is directed to the following provisions of Labor Code Section 1776. The Contractor shall be responsible for the compliance with these provisions by his subcontractors. (a) Each contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work.
Submitted certified payrolls for hauling and delivering ready-mixed concrete and other offsite batch mixed materials must be accompanied by a written time record. The time record must include:
1. Truck driver's full name and address
2. Name and address of the factory or batching plant
3. Time the concrete was loaded at the factory or batching plant
4. Time the truck returned to the factory or batching plant • Truck driver's signature certifying under penalty of perjury that the information contained in this written time record is true and correct (b) The payroll records enumerated under subdivision (a) shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
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(i) A certified copy of an employee's payroll record shall be made available for inspection or furnished to such employee or his or her authorized representative on request.
(ii) A certified copy of all payroll records enumerated in subdivision (a) shall be made available for inspection or furnished upon request to the City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations.
(iii) A certified copy of all payroll records enumerated in subdivision (a) shall be made available upon request to the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided pursuant to paragraph (2), the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the Contractor, subcontractor and the entity through which the request was made. The public shall not be given access to such records at the principal office of the Contractor.
(c) The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the Division.
(d) The Contractor shall file a certified copy of the records enumerated in subdivision (a) with the entity that requested such records within ten (10) days after receipt of a written request.
(e) Any copy of records made available for inspection as copies and furnished upon request to the public or the City, the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual's name, address and social security number. The name and address of the Contractor shall not be marked or obliterated.
(f) The Contractor shall inform the City of the location of records enumerated under subdivision (a), including the street address, city and City, and shall, within five working days, provide a notice of a change of location and address.
(g) In the event of noncompliance with the requirements of this Section, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying in what respects such contractor must comply with this Section. Should noncompliance still be evident after such 10-day period, the Contractor shall, as a penalty the State or the City, forfeit One Hundred Dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The penalties specified in subdivision (g) of Labor Code Section 1776 for noncompliance with the provisions of said Section 1776 may be deducted from any monies due or which may become due to the Contractor.
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(h) The Contractor and each subcontractor shall preserve their payroll records for a period of three (3) years from the date of completion of the Contract.
D. Labor Non-discrimination. Attention is directed to Section 1735 of the Labor Code which provides that Contractor shall not discriminate against any employee or applicant for employment because of race or color, religion, physical or mental disability, national origin or ancestry, medical condition, marital status or sex of such persons, except as provided in Section 12940 of the Government Code. Contractor further agrees to include a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials.
E. Apprentices. The Contractor and all subcontractors shall comply with the requirements of California Labor Code Sections 1777.5, 1777.6 and 1777.7 regarding the employment and of apprentices.
F. Workers' Compensation. Pursuant to the requirements of Section 1860 of the California Labor Code, the Contractor will be required to secure the payment of workers' compensation to its employees in accordance with the provisions of Section 3700 of the Labor code.
Prior to commencement of work, the Contractor shall sign and file with the City, a certification in the following form:
"I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for workers' compensation or to undertake selfinsurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." Said certification is included in the Contract, and signature and return of the Contract as provided in Section G3.03, "Execution of Contract," of the General Conditions, shall constitute signing and filing of the said certificate.
SECTION 7-1.02K(6) OCCUPATIONAL SAFETY AND HEALTH STANDARDS SECTION 7-1.02K(6)(B) EXCAVATION SAFETY
Add to Section 7-1.02K(6)(b) Excavation Safety as follows:
Comply with Labor Code 6705 and 6707. Comply with Public Contracts Code 7104.
SECTION 7-1.02L PUBLIC CONTRACT CODE
SECTION 7-1.02L(1) GENERAL
Replace Reserved in Section 7-1.02L(1) General with the following:
1. CLAIMS PROCEDURES. Compliance with all change order procedures is a prerequisite to filing a Public Contract Code Claim pursuant to this Section. Claims must be submitted no later than (a) 30 days after the dispute resolution process set forth in Section 5-1.43 is complete or (b) 30 days after the occurrence of the event giving rise to the claim.
In accordance with the procedures set forth in Public Contract Code Sections 9204 and 20104- 20104.6, a Contractor may submit a claim by registered or certified mail with return receipt requested, for one or more of the following: (a) a time extension, including, without limitation, for relief from damages or penalties for delay assessed by the City; (b) payment by the City of money or damages DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 EPW 18-107 B-33
arising from work done by, or on behalf of, the Contractor pursuant to this contract and payment for which is not otherwise expressly provided or to which the Contractor is not otherwise entitled; or (c) payment of an amount that is disputed by the City.
The Contractor shall furnish reasonable documentation to support the claim, including but not limited to: 1) a clear, concise recital of the basis upon which the claim is asserted, including a designation of the provisions of the Contract upon which the claim is based, 2) a statement as to the amount of time and/or compensation sought pursuant to the claim; 3) whether the Contractor’s claim arises from an ongoing occurrence, and if so a description of the specific Work activities affected by the claim, 4) a time impact analysis in the event that Contractor requests a time extension, 5) full and complete cost records supporting the amount of any claim for additional compensation, and 6) a notarized certification by the Contractor as follows: “Under the penalty of law for perjury or falsification and with specific reference to the California False Claims Act, Government Code Section 12650 et seq., the undersigned hereby certifies that the information contained herein is a true, accurate and complete statement of all features relating to the claim asserted.” Failure by the Contractor to provide sufficient documentation will result in denial of the claim. The City reserves the right to request additional documentation, or clarification of the documentation provided.
Upon receipt of a claim, the City will conduct a reasonable review and provide a written statement to the Contractor identifying what portion of the claim is disputed and what portion is undisputed within 45 days of receipt of the claim. The City and Contractor may, by mutual agreement, extend the 45 day time period. For any undisputed portion of a claim, the City must make payment within 60 days of its issuance of the written statement.
If the Contractor disputes the City's written statement, or if the City fails to respond, the Contractor may demand an informal conference to meet and confer for settlement of the issues in dispute. The City will then schedule the meet and confer conference within 30 days of the demand.
Within 10 business days following the meet and confer conference, the City will provide a written statement identifying the portion of the claim that remain in dispute. Any payment due on an undisputed portion of the claim will be made within 60 days of the meet and confer conference.
After the meet and confer conference, any disputed portion of the claim shall be submitted to non-binding mediation. Alternatively, upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable. If mediation is unsuccessful, the parts of the claim that remain in dispute shall be subject to applicable procedures set forth below.
Failure of a public entity to respond to a claim within the time periods described above shall result in the claim being deemed rejected in its entirety. Additionally, amounts not paid in a timely manner shall bear interest at 7 percent per year.
In the event that the mediation is unsuccessful, Contractor must file a government claim pursuant to Government Code Sections 910 et seq. in order to initiate a civil action.
In any civil action filed to resolve claims, the court shall submit the matter to nonbinding mediation within 60 days following the filing or responsive pleading, provided that the parties have not already participated in mediation of the claim as outlined above. If the matter remains in dispute after nonbinding mediation, the court shall submit the matter to judicial arbitration pursuant to Code DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 EPW 18-107 B-34
of Civil Procedure Section 1141.10 et seq. If the matter remains in dispute after judicial arbitration, the City or the Contractor may request a trial de novo.
2. UTILITY RELOCATION. Pursuant to California Government Code Section 4215, if during the course of the work the Contractor encounters utility installations which are not shown or indicated in the contract plans or in the specifications or which are found in a location substantially different from that shown, and such utilities are not reasonably apparent from visual examination of the work site, then it shall promptly notify the City in writing. Where necessary for the work of the Contract, the City will amend the contract to adjust the scope of work and the compensation to allow the Contractor to make such adjustment, rearrangement, repair, removal, alteration, or special handling of such utility, including repair of the damaged utility. If the Contractor fails to give the notice specified above and thereafter acts without instructions from the City, then it shall be liable for any or all damage to such utilities or other work of the Contract which arises from its operations subsequent to the discovery, and it shall repair and make good such damage at its own cost.
3. PUBLIC WORKS REGISTRATION. The Contractor must be registered with the California Department of Industrial Relations pursuant to Labor Code Section 1725.5. This Contract is subject to monitoring and enforcement by the DIR pursuant to Labor Code Section 1771.4. The Contractor shall furnish the records specified in Labor Code Section 1776 directly to the Labor Commissioner, monthly in a format prescribed by the Labor Commissioner.
4. USE OF SUBCONTRACTORS. Contractor shall not subcontract any work to be performed by it under this Contract without the prior written approval of the City. Contractor shall be solely responsible for reimbursing any subcontractors and City shall have no obligation to them. Attention is directed to the requirements of Sections 4100 to 4113, inclusive, of the California Public Contract Code which are applicable to this Contract. Each Contractor shall list the name and business address of each subcontractor to whom the Contractor proposes to subcontract a portion of the work in an amount in excess of one-half of one percent (0.5%) of the Total Contract Price, along with a description of the portion of the work which shall be done by each subcontractor, by executing the “List of Subcontractors” form attached to this Contract
5. CONTRACTOR’S LICENSE REQUIREMENTS. Contractor and any approved subcontractors shall hold such current and valid Contractor’s Licenses as required by California Law.
6. NON-COLLUSION DECLARATION. Pursuant to Public Contract Code Section 7106, Contractor shall execute a Non-Collusion Declaration, in a form provided by City, which is attached and incorporated herein.
7. EXCAVATION. If applicable, in accordance with state law (Public Contract Code Section 7104), with respect to any work involving digging trenches or excavations that extend deeper than four feet, the Contractor shall notify the City promptly in writing of any of the following conditions:
(a) material that the Contractor believes may be hazardous waste, as defined in California Health and Safety Code Section 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; (b) subsurface or latent physical conditions at the site differing from those indicated; (c) unknown physical conditions at the site of any unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract. Contractor shall notify the City of such conditions prior to disturbing them and shall await direction from the City as to how to proceed.
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8. TRENCH SAFETY. For all contracts over $25,000, excavation for any trench 5 feet or more in depth shall not begin until the Contractor has received approval from the City, of the Contractor’s detailed plan for worker protection from the hazards of caving ground during the excavation of such trench. Such plan shall be submitted at least 5 days before the Contractor intends to begin excavation for the trench and shall show the details of the design of shoring, bracing, sloping or other provisions to be made for worker protection during such excavation. No such plan shall allow the use of shoring, sloping or a protective system less effective than that required by the Construction Safety Orders of the Division of Industrial Safety; and if such plan varies from the shoring system standards established by the Construction Safety Orders, the plan shall be prepared and signed by an engineer who is registered as a Civil or Structural Engineer in the State of California. Attention is directed to the provisions of Section 6705 of the Labor Code concerning trench excavation safety plans.
9. SOUND CONTROL REQUIREMENTS. The Contractor shall comply with all State and local sound control and voice level rules, regulations and ordinances which apply to any work performed pursuant to the contract.
Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said muffler.
General construction noise shall be limited to weekdays from 7:00 am to 6:00 pm. Pile Driving and similarly loud activities shall be limited to weekdays from 8:00 am to 5:00 pm.
Pre-construction noise including, but not limited to loading and unloading, cleaning of mechanical toilets, maintenance of vehicles, deliveries, truck idling, backup beeps, yelling and radios, is also limited to the general construction noise hours.
The Director may allow construction noise to occur beyond the general construction noise hours provided a noise waiver is granted pursuant to the Emeryville Municipal Code.
Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore.
10.PRESERVATION OF PROPERTY. Attention is directed to Section 7 1.12, "Indemnification and Insurance," and to Section 8 1.10, "Utility and Non-Highway Facilities." Due care shall be exercised to avoid injury to existing highway improvements or facilities, utility facilities, adjacent property, and roadside trees, shrubs and other plants that are not to be removed.
Roadside trees, shrubs and other plants that are not to be removed, and pole lines, fences, signs, markers and monuments, buildings and structures, conduits, pipelines under or above ground, sewer and water lines, all highway facilities and any other improvements or facilities within or adjacent to the highway shall be protected from injury or damage, and if ordered by the Engineer, the Contractor shall provide and install suitable safeguards, accepted by the Engineer, to protect the objects from injury or damage. If the objects are injured or damaged by reason of the Contractor's operations, the objects shall be replaced or restored at the Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Contractor entered upon the work, or as good as DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 EPW 18-107 B-36
required by the Specifications accompanying the Contract, if any of the objects are a part of the work being performed under the Contract. The Engineer may make or cause to be made those temporary repairs that are necessary to restore to service any damaged highway facility. The cost of the repairs shall be borne by the Contractor and may be deducted from any moneys due or to become due to the Contractor under the Contract.
11.PAYMENT BOND. For all contracts over $25,000, the successful Bidder shall provide a payment bond in the amount equal to one hundred percent (100%) of the Total Contract Price and issued by a California admitted surety. The payment bond shall provide the City with security for Contractor’s full payment to all subcontractors for costs of materials, equipment, supplies, and labor furnished in the course of the performance of the Contract. Full compensation for furnishing the payment bond is included in the Total Contract Price.
12.RETENTION OF PROGRESS PAYMENTS. The City may retain five percent (5%) of the estimated value of the work done and five percent (5%) of the value of materials estimated to have been furnished and delivered and unused or furnished and stored as part security for the fulfillment of the Contract by the Contractor. Any time after fifty percent (50%) of the work has been completed, if the City finds that satisfactory progress is being made, the City may make any of the remaining progress payments in full for actual work completed in accordance with Public Contract Code Section 9203.
13.SECURITIES IN LIEU OF RETENTION. Pursuant to Public Contract Code Section 22300, the Contractor may elect, in lieu of having progress payments retained by the City, to deposit in escrow with the City, or with a bank acceptable to the City, securities eligible for investment under Government Code Section 16430, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the Contractor and the City. If the Contractor elects to submit securities in lieu of having progress payments retained by the City, the Contractor shall, at the request of any subcontractor performing more than 5% of the Contractor’s total bid, make the same option available to the subcontractor.
14. PROMPT PAYMENT TO CONTRACTOR. The City will make progress payments within thirty (30) days after receipt of an undisputed and properly submitted progress payment invoice pursuant to Section 20104.50 of the Public Contract Code. No such payment will be made when, in the judgment of the Project Manager, (a) the work is not proceeding in accordance with the provisions of the Contract; (b) the Contractor is not complying with the requirements of the Contract; or (c) when the total value of the work done as shown on the invoice does not exceed Three Hundred Dollars ($300.00). No such invoice or payment will be construed to be an acceptance of any work or materials.
Before any progress payment or the final payment is made, the Contractor may be required to submit satisfactory evidence that he is not delinquent in payments to its employees, subcontractors, suppliers or other creditors for labor and materials incorporated into the work. Pursuant to Public Contract Code Section 20104.50, if the City fails to make a progress payment in a timely manner, it shall pay interest to the Contractor at the legal rate set forth in Section 685.010(a) of the California Code of Civil Procedure.
15.PROHIBITION AGAINST CONTRACTING WITH DEBARRED SUBCONTRACTORS.
Contractor is prohibited from performing work on a public works project with a subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code.
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16.THIRD-PARTY CLAIMS. Pursuant to Public Contracts Code Section 9201, City shall have full authority to compromise or otherwise settle any claim relating to the Contract at any time. City shall provide for timely notification to Design-Builder of the receipt of any third-party claim, relating to the contract. Notice shall be in writing and will be provided within thirty (30) days.
17.IRAN CONTRACTING ACT. The undersigned Bidder certifies that it is not, at the time of bidding, on the California Department of General Services (DGS) list of persons determined to be engaged in investment activities in Iran or otherwise in violation of the Iran Contracting Act of 2010 (Public Contract Code Section 2200-2208).
18.ANTITRUST CLAIMS. The Contractor's attention is directed to the following provision of Public Contract Code Section 7103.5(b) which shall be applicable to the Contractor and its subcontractors:
"In entering into a public works contract or a subcontract to supply goods, services or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign to the awarding body all right, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 [commencing with Section 16700] of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the Contractor, without further acknowledgment by the parties."
19.RECORDS. Pursuant to Government Code Section 8546.7, Contractor shall retain all projectrelated records for a period of five (5) years after final payment on this Contract, which shall be subject to audit or inspection by the City, ACTC or the State Auditor during this period.
Separate and apart from the obligations under Section 8546.7, the City shall have the right to audit project records at City discretion under the following circumstances: (a) submission of a Public Records Act request regarding the project; (b) inability to resolve a disputed contract change order; or (c) submission of a construction claim.
20.TRADE NAMES AND ALTERNATIVES. For convenience in designation in the Contract Documents, certain articles or materials to be incorporated in the work may be designated under a trade name or the name of a manufacturer and its catalog information. Except in those instances where the product is designated to match others in use in a particular improvement, either completed or in the course of completion, the use of an alternative article or material which is of equal quality and of the required characteristics for the purpose intended may be permitted, subject to the following requirements:
a. The Contractor shall submit its Bid for an alternative in writing. Such request shall be made in ample time to permit review and approval without delaying the work. b. No such Bid will be considered unless accompanied by complete information and descriptive data necessary to determine the equality of the offered materials, articles, or equipment. Samples shall be provided when requested by the Project Manager.
The Contractor shall satisfy the Project Manager as to the comparative quality, suitability or performance of the offered materials, articles or equipment. In the event DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 EPW 18-107 B-38
that the Project Manager rejects the use of such alternative materials, articles or equipment, ("material") then one of the particular products designated by brand name will be furnished.
c. The burden of proof as to the quality and suitability of alternatives shall be upon the Contractor and he shall furnish all information necessary as required by the Project Manager. The Project Manager shall be the sole judge as to the quality and suitability of alternative articles, equipment or materials and its decisions shall be final. Where use of an alternative material, article or equipment involves redesign of, or changes to, other parts of the work, the cost and the time required to effect such redesign or changes will be considered in evaluating the suitability of the alter-native material, article or equipment. Cost of redesign by the Project Manager will be borne by the Contractor.
d. Whenever classification, rating or other certification by a body such as UL or NEMA is a part of the specification for any material, proposal for use of alternative materials shall be accompanied by reports from the listed or equivalent recognized and industry accepted independent testing laboratory indicating compliance with specification requirements. The cost of all testing required to prove equality of the material proposed shall be borne by the Contractor. Approval of an alternative material shall be only for the characteristics or use named in such approval and shall not be used to change or modify any Contract requirement.
21.PERMITS AND LICENSES. The Contractor shall procure all permits and licenses (including OSHA permits pursuant to Labor Code Section 6500), pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work.
The Environmental Quality Act (Public Resources Code, Section 21000 to 21176) may be applicable to permits, licenses and other authorizations which the Contractor must obtain from State or local agencies in connection with performing the work of the Contract. The Contractor shall comply with the provisions of that Act in obtaining such permits, licenses and other authorizations and they shall be obtained in sufficient time to prevent delays to the work.
The Contractor shall comply with permits obtained by the City, if any, for the work.
SECTION 7-1.03 PUBLIC CONVENIENCE
Add to end of Section 7-1.03 Public Convenience as follows:
Public traffic includes all:
1. motorized vehicles
2. bicycles
3. pedestrian traffic
4. personal mobility devices.
Areas modified by you for use by pedestrians must provide adequate accessibility to meet Americans with Disabilities Act (ADA) requirements. Where walkways are damaged, alternate walkways must be placed around the work site or other materials may be used to allow use of the area. Where plywood is used it must be a minimum of ¾ inch in thickness and beveled at the ends to prevent tripping, fastened down to prevent shifting and supported underneath as needed to prevent bowing. The Engineer may require cold mix to be placed to transition walkway to plywood.
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Sidewalks must not be blocked without providing alternative pat(s) of travel. Where excavations in pedestrian walkways are minor and do not restrict pedestrian walking area or create a hazard to the pedestrian, structurally sound walkways with safety railings must be provided over or around the excavated area. All walkway areas must comply with the Americans with Disabilities Act.
Where sidewalk and bike path facilities exist, a minimum width of four feet must be maintained at all times a must provide for a safe passage through the work area. At no time will pedestrians be diverted into a portion of the street used concurrently for motorized traffic. At locations where adjacent alternate walkways are not practical, the Engineer may approve sidewalk closures. Appropriate signs and barricades must be installed at the limits of construction and in advance of the closure at the nearest crosswalk or intersection to divert pedestrians across the street.
Provisions must be made to accommodate existing transit routes and stops. You must notify the Engineer at least 72 hours in advance of any work that will require rerouting or delay of a transit line or school bus. You must post any transit stop affected by the rerouting at least 48 hours in advance at the affected transit stop identifying the affected routes, days, and times.
Furnish the Engineer and utility companies with the names, addresses and telephone numbers of two individuals, before starting work that can be reached in case of emergency, 24 hours a day, throughout the duration of the job. These emergency contacts must be able to provide on-site response within one hour.
Do not close streets to traffic without written permission from the Engineer. However, in the absence of the Engineer, if the necessity for closing a street is absolute to prevent immediate danger to the public, you must immediately notify the:
1. Engineer
2. Police Department
3. Fire Department.
Provide access to and from all property adjacent to the work area where normal access existed prior to your work. All:
1. traffic lanes
2. driveways
3. sidewalks
4. street crossings
5. primary business entrances
must be usable at the end of the work day.
Add between the 9th and 10th paragraphs of Section 7-1.03 Public Convenience the following:
If a height differential of more than 0.04 foot is created by construction activities at a joint transverse to the direction of traffic on the traveled way or a shoulder subject to public traffic, construct a temporary taper at the joint with a slope complying with the requirements shown in the following table:
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Temporary Tapers
Height Differential
(foot)
Slope (horizontal:vertical)
Taper use of 14 days or
less
Taper use of more than 14
days
Greater than 0.08 100:1 or flatter 200:1 or flatter
0.04–0.08 70:1 or flatter 70:1 or flatter
For a taper on existing asphalt concrete or concrete pavement, construct the taper with minor HMA under Section 39-2.07.
Grind existing surfaces to accommodate a minimum taper thickness of 0.10 foot under either of the following conditions:
1. HMA material such as rubberized HMA, polymer-modified bonded wearing course, or open-graded friction course is unsuitable for raking to a maximum 0.02 foot thickness at the edge
2. Taper will be in place for more than 14 days.
For a taper on a bridge deck or approach slab, construct the taper with polyester concrete under Section 60-3.04B.
The completed surface of the taper must be uniform and must not vary more than 0.02 foot from the lower edge of a 12-foot straightedge when placed on its surface parallel and perpendicular to traffic.
If authorized, you may use alternative materials or methods to construct the required taper.
SECTION 7-1.03A PUBLIC NOTIFICATION
Add Section 7-1.03A Public Notification as follows:
In consultation with the Engineer, Contractor shall prepare and deliver notices to City regarding various stages of the work, including but not limited to initial start of the work, quarterly updates of work progress, and notification of work activities creating excessive noise, vibration and other disturbing qualities, for notification to properties adjacent to the work area. The notice must include:
1. a brief description of the work
2. date the work will start
3. date the work will end
4. potential impacts on the adjacent property
5. company representative’s name
6. company representative’s phone number where they can be reached or a message can be left.
Company representative must respond to all phone calls received within 24 hours of receipt with the requested information. Contractor shall provide notices to Engineer at least 72 hours in advance of the work. The Engineer must review and approve notice wording. Upon approval of notices by Engineer, Contractor shall distribute said notices to properties adjacent to the work area.
Attention is directed to Government Code Sections 4216 to 4216.9, and in particular Section 4216.2 which provides, in part:
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"Except in an emergency, every person planning to conduct any excavation shall contact the appropriate regional notification center at least two working days, but no more than 14 calendar days, prior to commencing that excavation, if the excavation will be conducted in an area which is known, or reasonably should be known, to contain subsurface installations other than the underground facilities owned or operated by the excavator, and, if practical, the excavator shall delineate with white paint or other suitable markings the area to be excavated . . . .The regional notification center shall provide an inquiry identification number to the person who contacts the center and shall notify any member, if known, who has a subsurface installation in the area of the proposed excavation." Contractor shall contact the regional notification center, “Underground Service Alert," and schedule the work to allow ample time for the center to notify its members and, if necessary, for any member to field locate and mark its facilities.
7-1.03A(1) Street Maintenance
Add Section 7-1.03A(1) as follows:
Street maintenance activities, including:
1. overlays
2. reconstruction
3. slurry seal
4. micro-surfacing
5. other surfacing or seal coats
require you notify all residents and businesses within 300 feet or one block (whichever is a greater distance) of the work areas between three and five days in advance of the work. This notification must be in the form of a door hanger which is to be hand-delivered or placed on the front door of each business or residence. A sample door hanger is included in the appendix of the engineering standards.
SECTION 7-1.03A(1) STREET CLOSURE
Add Section 7-1.03A(1) Street Closure as follows:
Where street closures are allowed either under the conditions of the special provisions or by separate authority of the Engineer, comply with the following conditions.
By noon Monday, submit a written schedule of planned closures for the following week period, defined as Friday noon through the following Friday noon.
The street closure schedule must show the:
1. locations
2. dates
3. times
of the proposed street closures. Street closure schedules submitted to the Engineer with any:
1. incomplete
2. unintelligible
3. inaccurate information
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will be returned for correction and resubmittal. The Engineer will review and approve or return for corrections the street closure schedule. You may be required to coordinate with other parties as a condition of approval of the street closure schedule.
Provide notification of the street closure to:
1. police dispatch
2. bus services
3. garbage company
4. affected properties as described above.
Immediately notify the Engineer if a scheduled street closure will not take place. Amendments to the street closure schedule, including adding additional closures, must be submitted to the Engineer for review and approval, and must be done in writing at least three working days in advance of a planned street closure. Approval of amendments to the street closure schedule will be at the discretion of the Engineer. Approved closures that are cancelled due to unsuitable weather may be rescheduled at the discretion of the Engineer for the following working day.
Public traffic may only be restricted during those times when work is actually underway.
SECTION 7-1.03A(2) NO PARKING
Add Section 7-1.03A(2) No Parking as follows:
Place "No Parking" signs at least 24 hours before beginning of work. In areas where vehicles may be in the way of construction, place and request the Police Department to verify “No Parking” signs at least 30 hours prior to the beginning of work to allow for the legal time required for notification prior to removing a vehicle.
Do not place “No Parking“ signs more than five days in advance of the anticipated work without prior approval from the Engineer.
If no work is performed for five consecutive days, remove the “No Parking” signs and repost as stated above prior to the start of work.
“No Parking” signs must specify the following:
No Parking
Construction Zone
Tow Away
Per Municipal Code EMC 4-9.17(f)
Date: XXXXX to XXXXXX
Time: XXXXX to XXXXXX
Contractor:
Contractor Office Number:
SECTION 7-1.03B TRAFFIC CONTROL PLAN
Add Section 7-1.03B Traffic Control Plan as follows:
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Submit to the Engineer a traffic control plan for review and approval by the Engineer prior to any construction activities starting. Submit separate traffic control plans for each phase of the work requiring a change in traffic control. Allow a minimum of five working days for review of the submitted traffic control plan and five working days for review of any resubmitted plans. Do not begin work until the traffic control plan is approved by the Engineer.
Limited work hours may be imposed at any time. If the work impacts traffic flow on any:
1. major route, or
2. in the vicinity of schools, or
3. in the Pedestrian Priority Zone per figure 3-1 of the City’s General Plan, expect that work hour restrictions will be imposed by the Engineer.
Do not restrict the public right-of-way roadway without an approved traffic control plan. The Engineer must review the implemented traffic control for compliance with the approved traffic control plan, prior to the start of any work.
Provide adequate width to allow a bike lane adjacent to the travel lane or provide clear posting that the bicycle lane is closed.
Do not place traffic control devices or construction equipment in bike lanes or in sidewalk such that they are blocked, as determined by the Engineer, when these facilities are open for use.
SECTION 7-1.04 PUBLIC SAFETY
Replace 15th paragraph of Section 7-1.04 Public Safety with:
Notify the Engineer not less than five days and not more than 40 days before the anticipated start of an activity that will change the vertical or horizontal clearance available to traffic, including shoulders.
SECTION 7-1.06 INSURANCE
SECTION 7-1.06B CASUALTY INSURANCE
SECTION 7-1.06G DEDUCTIBLES
SECTION 7-1.06I SELF INSURANCE PROGRAM
Delete Sections 7-1.06B, 7-1.06G Deductibles and 7-1.06I Self Insurance Program.
SECTION 7-1.11 FEDERAL LAWS FOR FEDERAL-AID CONTRACTS
SECTION 7-1.11A General
Add between the 1st and 2nd paragraphs of Section 7-1.11A General as follows:
Comply with 46 CFR 381.7(a)–(b).
7-1.12 Indemnification and Insurance
The Contractor's obligations regarding indemnification of the City and the requirements for insurance shall conform to the provisions set forth in the Contract. 7-1.13 Acceptance of Contract
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When the Engineer has made the final inspection as provided in Section 5 1.46, "Final Inspection and Contract Acceptance," and determines that the Contract work has been completed in all respects in accordance with the Contract Documents, the Engineer will recommend that the City Council formally accept the Work as complete. Upon acceptance of the Contract as complete by the City Council, the said Council shall cause a Notice of Completion to be filed and recorded in the records of the Alameda County Recorder's Office.
7-1.14 Sanitary Provisions
Contractor shall conform to the rules and regulations pertaining to sanitary provisions established by the City. Toilets for use of employees on the work shall be furnished where needed and shall be maintained by Contractor. Their use shall be strictly enforced.
7-1.15 Third Party Claims
A. Pursuant to Public Contract Code Section 9201, City shall have full authority to compromise or otherwise settle any claim relating to the Contractor at any time.
B. City shall provide for timely notification to the Contractor of the receipt of any third–party claim relating to the contract. Notice shall be in writing and will be provided within (30) days.
C. City shall be entitled to recover its reasonable costs incurred in providing the notification required by subdivision (b).
8 PROSECUTION AND PROGRESS
The Bidder's attention is directed to the provisions in Division I, Section 8, Prosecution And Progress, of the Caltrans Standard Specifications, 2018, as modified by these special provisions as set forth below for the requirements and conditions which he/she must observe in the preparation of the proposal form and the submission of the bid.
Replace, Delete or Add to Division I, Section 8, Prosecution And Progress, of the Caltrans Standard Specifications, 2018, as follows:
SECTION 8-1.02 SCHEDULE
SECTION 8-1.02A GENERAL
Replace Section 8-1.02A General with the following:
Submit the type of schedule specified in the special provisions. If no type is specified, submit a Level 1.
Submittal of a Schedule is not acceptance. The Engineer will accept the schedule upon review and determination of its compliance with Contract terms and City needs. The schedule will not relieve you of the responsibility for accomplishing the all the work in compliance with the contract.
You agree by submission of a bid, that the work can be completed within contract duration and working hour restrictions.
The Engineer will not accept a schedule which shows a project completion date in excess of the contract time duration. No progress payments will be paid until the Engineer has approved the project schedule.
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Float time shown on the approved project schedule is not for exclusive use or benefit of either you or the Engineer. Float time is available for use by either you or the Engineer whoever needs it first in order to:
1. minimize the impact of project problems
2. delays
3. changes in the work.
You agree that float time may be used by the Engineer to resolve project problems. You agree that there will be no basis for any modification of the
1. project milestone dates
2. an extension of the contract time
3. a claim for additional compensation
as a result of any:
1. project problem
2. change orders
3. delay
that only results in the loss of available float on the project schedule.
On a monthly basis prior to application for payment, you must arrange a meeting with the Engineer to review your updated project schedule. Updates must include accurate progress data and be based upon your best judgment. Updates must be made to the project schedule in consultation with all subcontractors and suppliers.
SECTION 8-1.03 PRECONSTRUCTION CONFERENCE
Replace Section 8-1.03 Preconstruction Conference with the following:
The City will execute the Contract with the successful Bidder upon receipt of:
1. bonds
2. insurance
3. signed Contract.
The Engineer will set a date for the pre-construction conference. The pre-construction conference will take place within 15 working days of the execution of the Contract by the City. Attendance by your representative is required.
SECTION 8-1.04 START OF JOB SITE ACTIVITIES
SECTION 8-1.04B STANDARD START
Replace Section 8-1.04B Standard Start with the following:
The Contract time, as stated in the special provisions, will begin on the date specified in the notice to proceed, generally the second Monday following the pre-construction conference. Work must commence within ten working days from the start of contract time. Failure to start work within the allotted time period, without written approval of the Engineer, is considered abandonment of the work and the Engineer may terminate your control over the work in compliance with Section 8-1.13.
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Work must be diligently prosecuted to completion before the expiration of the Contract time provided in the special provisions, beginning on, and including, the start date given in the notice to proceed.
Do not start job site activities until the City authorizes or accepts your submittal for:
1. CPM baseline schedule
2. WPCP or SWPPP, whichever applies
3. Notification of DRA nominee and disclosure statement
4. Contingency plan for opening closures to traffic
5. Other submittals as called out in these Specifications.
You may enter the job site only to measure controlling field dimensions, take photos or videos, and locate utilities.
Do not start other job site activities until all the submittals from the above list are authorized or accepted and the following information is received by the Engineer:
1. Notice of Materials To Be Used form.
2. Written statement from the vendor that the order for structural steel has been received and accepted by the vendor. The statement must show the dates that the materials will be shipped.
You may start job site activities before the 20th day after Contract approval if you:
1. Obtain specified authorization or acceptance for each submittal before the Specified Date in the Notice to Proceed
2. Receive authorization to start.
Submit a notice 72 hours before starting job site activities. If the project has more than 1 location of work, submit a separate notice for each location.
SECTION 8-1.05 TIME
Replace Section 8-1.05 Time with the following:
You must complete all of the work called for under the Contract within the time set forth in the special provisions.
You must complete any designated portion of the project within the time as shown or specified.
Determination that a day is a non-working day by reason of inclement weather or conditions resulting therefrom will be made by the Engineer.
The Engineer will provide the status of working days on the monthly progress payment, including:
1. total days
2. days used
3. days remaining.
You are responsible to verify the days are correctly shown on the pay estimate. If you believe an error has been made, notify the Engineer in writing within 15 days of receipt of the pay estimate, or the status of days is deemed accepted as correct.
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Complete all work including punch list items before the expiration of the Contract time.
Monthly status of working days will only be provided when working days are being charged and monthly payment is due to you.
SECTION 8-1.06 SUSPENSIONS
Replace Section 8-1.06 Suspensions with the following:
The Engineer may suspend work wholly or in part due to conditions unsuitable for work progress.
Provide for public safety and a smooth and unobstructed passageway through the work zone during the suspension in compliance with Sections 7-1.03 and 7-1.04.
The Engineer may suspend work wholly or in part due to your failure to:
1. fulfill the Engineer's orders
2. fulfill a Contract part
3. perform weather-dependent work when conditions are favorable so that weather-related unsuitable conditions are avoided or do not occur.
The Engineer may provide for a smooth and unobstructed passageway through the work during the suspension and deduct the cost from payments. No time adjustment will be made for the suspension.
Upon the Engineer's order of suspension, suspend work immediately. Resume work when ordered.
SECTION 8-1.07 DELAYS
SECTION 8-1.07C PAYMENT ADJUSTMENTS
Replace 1st paragraph in Section 8-1.07C Payment Adjustments with the following:
For an excusable delay that affects your costs, the City may make a payment adjustment.
The City does not make a payment adjustment for overhead incurred during non–working days that extend the Contract into an additional construction season.
SECTION 8-1.10 LIQUIDATED DAMAGES
Replace the 3rd and 4th paragraph of Section 8-1.10A Liquidated Damages with the following:
Liquidated Damages for all work is defined in the Contract Agreement Form.
SECTION 8-1.10B FAILURE TO COMPLETE WORK PARTS WITHIN SPECIFIED TIMES SECTION 8-1.10B(1) FAILURE TO COORDINATE SIGNAL TURN-ONS, STRIPING AND
SIGNING
Add 8-1.10B(1) Failure To Coordinate Signal Turn-Ons, Striping And Signing as follows:
If signal turn-on, road striping, and signing are not coordinated as required by the project specifications, damage will be sustained by the City and its residents. Since it is and will be impractical to determine the actual damage which the City and its residents will sustain by reason of your failure DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 EPW 18-107 B-48
to comply with the project specifications, it is agreed that you will pay to the City the sum of $500 per day for each:
1. day that you fail to stripe the road
2. day that you fail to install required signs after the third day after a signal is turned on
3. day that you fail to turn on a signal after the second day after striping the road
4. day that you fail to remove signs which conflict with new striping
5. day that you fail to install signs as shown or specified.
SECTION 8-1.14 F TERMINATION OF CONTROL
Add Section 8-1.14F as follows:
Whenever, in the opinion of the City , the Contractor has failed to supply an adequate force of labor, equipment, or materials of proper quality, or has failed in any other respect to prosecute the work with the diligence specified in the Contract; or if Contractor should refuse or fail to comply with laws, ordinances, or directions of the Engineer; or if Contractor should fail to make prompt payments to subcontractors or for labor or materials; or otherwise be in breach of this Contract; the City may give written notice of at least five (5) calendar days to the Contractor and Contractor's sureties that if the defaults are not remedied within a time specified in such notice, the Contractor's control over the work will be terminated.
If the Contractor should be adjudged as bankrupt or make an assignment for the benefit of Contractor's creditors, or if a receiver should be appointed on account of Contractor’s insolvency, the City may declare the Contractor's control over the work terminated, and so notify the Contractor and Contractor’s sureties.
Upon such termination, the City may take possession, and use all or any part, of the Contractor's materials, tools, equipment, and appliances upon the premises to complete the work; the City assuming responsibility for the final relinquishment of such equipment at the conclusion of the work, or sooner, at its option, in as good condition as when it was taken over, reasonable wear and tear excepted; and the City agrees to pay for such materials and the use of said equipment at a reasonable compensation.
If the Contractor's control over the work is terminated as provided above, the Contractor is not entitled to receive any portion of the amount to be paid under the Contract until it is fully completed. After completion, if the unpaid balance exceeds the sum of the amount expended by the City in finishing the work, plus all damages sustained, or to be sustained, by the City, plus any unpaid claims on account of labor, materials, tools, equipment, or supplies contracted for by the Contractor for the work herein contemplated, the excess not otherwise required by these Contract Documents to be retained shall be paid the Contractor.
The City reserves the right to terminate the work for its convenience upon written notice to Contractor.
In such event, the Contractor shall be paid its reasonable costs for that portion of the work performed to the date of termination, reasonable costs associated with demobilization, plus fifteen percent (15%) of all such costs for overhead and profit.
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 EPW 18-107 B-49
9 PAYMENT
The Bidder's attention is directed to the provisions in Division I, Section 9, Payment, of the Caltrans Standard Specifications, 2018, as modified by these special provisions as set forth below for the requirements and conditions which he/she must observe in the preparation of the proposal form and the submission of the bid.
Replace, Delete or Add to Division I, Section 9, Payment, of the Caltrans Standard Specifications, 2018, as follows:
SECTION 9-1.02A GENERAL
Add to Section 9-1.02A General as follows:
Final pay item quantities are designated with an “(F)” in the bid item list.
SECTION 9-1.03 PAYMENT SCOPE
Add to Section 9-1.03 Payment Scope as follows:
When the Engineer does not retain a portion of the funds during the prosecution of the work, as required on federally funded projects, you may not retain a portion of the funds due to subcontractors when making progress payments.
The City does not pay interest on progress payment retentions.
Your bid prices include all items of work and materials as shown and called out in the project special provisions necessary to complete all the work. The contract prices for doing the work include full compensation for furnishing all:
1. labor
2. materials
3. tools
4. equipment
5. incidentals
to complete the work.
Any items of work that does not have a separate pay item is considered included in other items cost of work and no additional compensation will be paid.
9-1.04 FORCE ACCOUNT
9-1.04A GENERAL
Add to Section 9-1.04A General as follows:
When force account or extra work is in dispute, you must still review your daily work report for the disputed work with the Engineer every day. The daily work must be signed by the Engineer daily to verify that your report has been reviewed. Final determination as to whether the work is included in the contract work or is extra work, may be decided after the work is completed.
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 EPW 18-107 B-50
SECTION 9-1.04B LABOR
Add to Section 9-1.04B Labor as follows:
For the purposes of calculating the cost of extra work or force account payment:
1. owner
2. superintendents
3. other salaried employees
performing work on the project must be billed at the prevailing wage corresponding to the type of work performed as shown in the current labor rate publication.
SECTION 9-1.04D EQUIPMENT RENTAL
SECTION 9-1.04D(1) GENERAL
Add to Section 9-1.04D(1) General as follows:
You must submit a list of equipment anticipated to be used on the project and the associated Caltrans equipment rental rate. If there is no established rate for equipment planned to be used, furnish that information to the Engineer. Provide equipment submittal with Caltrans rates at the pre-construction conference. The most current Caltrans equipment rental rate publication at the date of contract award will be used for the entire project.
SECTION 9-1.07 PAYMENT ADJUSTMENTS FOR PRICE INDEX FLUCTUATIONS Delete Section 9-1.07
SECTION 9-1.16 PROGRESS PAYMENTS
SECTION 9-1.16A GENERAL
Replace Section 9-1.16 with:
The City, once in each month, shall cause an estimate in writing to be made by the Engineer. The estimate shall include the total amount of work done and acceptable materials furnished, provided the acceptable materials are listed as eligible for partial payment as materials in the special provisions and are furnished and delivered by the Contractor (provided that the Contractor furnishes evidence satisfactory to the Engineer that the materials are stored in an area subject to or under the control of the City, to the time of the estimate, and the value thereof). The estimate shall also include any amounts payable for mobilization. Daily extra work reports furnished by the Contractor less than 5 calendar days, not including Saturdays, Sundays and legal holidays, prior to the preparation of the monthly progress estimate shall not be eligible for payment until the following month's estimate.
The amount of any material to be considered in making an estimate will in no case exceed the amount thereof which has been reported by the Contractor to the Engineer on City approved forms, properly filled out and executed, including accompanying documentation as therein required, less the amount of the material incorporated in the work to the time of the estimate. Only materials to be incorporated in the work will be considered. The estimated value of the material established by the Engineer will in no case exceed the Contract price for the item of work for which the material is furnished.
Contractor shall submit to Engineer an itemized application for payment for the cost of the work in permanent place, which has been completed in strict accordance with the Contract Documents as of the last day of the preceding month, less amounts previously paid. The application for payment shall DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 EPW 18-107 B-51
be prepared in a form acceptable to the Engineer and shall contain itemized amounts in accordance with the Contract Documents. The applications for payment shall not include requests for payment on account of changes which have not been authorized by Change Orders, or for amounts Contractor does not intend to pay a subcontractor because of a dispute or other reason.
If requested by the City, an application for payment shall be accompanied by a summary showing payment that will be made to subcontractors covered by such application, and unconditional waivers and releases of claims and stop notices, from each subcontractor listed in the preceding application for payment covering sums disbursed pursuant to that preceding application for payment.
Contractor warrants that upon submittal of an application for payment, all work has been performed in strict compliance with the Contract Documents, and all work for which certificates of payment have been previously issued and payment has been received from City, shall be free and clear of all claims, stop notices, security interests, and encumbrances in favor of Contractor, subcontractors or other persons or firms entitled to make claims by reason of having provided labor, materials, or equipment related to the work.
Payment of all, or any part, of an application for payment may be withheld, a certificate of payment may be withheld, all or part of a previous certificate for payment may be nullified and that amount withheld from a current certificate for payment, or the City may withhold from payment, on account of any of the following:
1. Defective work not remedied;
2. Third-party claims against Contractor or City arising from the acts or omissions of Contractor or subcontractors;
3. Stop Notices;
4. Failure of Contractor to make timely payments due to subcontractors for material or labor;
5. Damage to the City or others for which Contractor is responsible;
6. Failure of Contractor to maintain, update, and submit record documents;
7. Failure of Contractor to submit schedules or their updates as required by the Contract Documents;
8. Performance of the work by Contractor without properly processed shop drawings; 9 Liquidated damages assessed;
10. Any other failure of Contractor to perform its obligations under the Contract Documents.
The request for a progress payment shall be turned into the City by the 20th of each month and the City shall process payment to be ready by the 20th of the following month. Pursuant to Public Contract Code Section 20104.50, if City fails to make a progress payment in a timely manner, it shall pay interest to Contractor at the legal rate set forth in the Code of Civil Procedure Section 685.010(e).
Upon payment of a progress invoice, the City is hereby granted title and ownership to all work in progress, drawings, materials, equipment, machinery, fittings, items of outfit and furnished goods invoiced for as required by this Agreement, which shall be free of encumbrances.
Add to Section 9-1.16A General as follows:
Items Contractor wants Engineer to be eligible for progress payment even if they are not incorporated into the work shall be determined with a written change order.
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 EPW 18-107 B-52
Progress payments will provide you compensation for work and eligible materials through the last day of the month. No progress payment will be made when the work is not proceeding in compliance with the contract or when the total value of the work done since the last progress payment is less than $1000, as determined by the Engineer.
SECTION 9-1.16C MATERIALS ON HAND
Replace Section 9-1.16C Materials on Hand with the following:
Materials on hand but not incorporated into the work are eligible for progress payment of fifty percent (50%) of the value of the materials furnished and delivered and unused. For materials to be eligible for progress payment:
1. the cost of the materials must be greater than $20,000
2. an invoice is provided for the material clearly showing the material is for this current work and cost
3. the material is stored in a secure yard and made available to the Engineer for inspection
4. a request for partial payment is made
SECTION 9-1.16E WITHHOLDS
Replace 1st paragraph in Section 9-1.16E(2) with:
The City withholds 10 percent of a progress payment for noncompliant progress. Noncompliant progress occurs when:
1. Total days to date exceed 75 percent of the working days
2. Percent of working days elapsed exceeds the percent of value of work completed by more than 15 percent
Add to Section 9-1.16E(2).
The City may withhold a portion of your payment for fines and mitigation imposed by outside regulatory authorities, as a result of your failure to comply with regulations and permits.
Upon Contractor's request, City will make payment of funds withheld from progress payments pursuant to the requirements of Public Contract Code Section 22300, if Contractor deposits in escrow with City or with a bank acceptable to City, securities eligible for investment under Government Code Section 16430, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by Contractor and City, upon the following conditions:
a. Contractor shall bear the expense of City and the escrow agent in connection with the escrow deposit made.
b. Securities or certificates of deposit to be placed in escrow shall be of a value at least equivalent to the amounts of retention to be paid to Contractor pursuant to this section. c. Contractor shall enter into an escrow Contract satisfactory to City, which Contract shall be substantially similar to the form provided in Public Contract Code Section 22300. d. Contractor shall obtain the written consent of the surety to such Contract.
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 EPW 18-107 B-53
SECTION 9-1.16E(4) STOP NOTICE WITHHOLDS
Replace Section 9-1.16E(4) Stop Notice Withholds with the following:
The City shall withhold payments to cover claims filed under Civil Code §9000 et seq. The City will withhold 125 percent of the value of all Stop Notices in accordance with Civil Code §9364.
Stop notice information may be obtained from the Engineer.
SECTION 9-1.16F RETENTIONS
Replace Section 9-1.16F Retentions with the following:
Public Contract Code 7202 does not apply to the City.
City shall retain five percent (5%) of the estimated value of the work completed and five percent (5%) of the value of materials estimated to have been furnished and delivered and unused or furnished and stored as part security for the fulfillment of the Contract by Contractor. Securities may be substituted as set forth in Public Contracts Code Section 22300. No such invoice or payment will be construed to be an acceptance of any work or materials. Before any progress payment or the final payment is made, Contractor may be required to submit satisfactory evidence that he is not delinquent in payments to his employees, subcontractors, suppliers or other creditors for labor and materials incorporated into the work.
SECTION 9-1.17 PAYMENT AFTER CONTRACT ACCEPTANCE
SECTION 9-1.17C PROPOSED FINAL ESTIMATE
Delete 3rd paragraph in Section 9-1.17C Proposed Final Estimate.
SECTION 9-1.17D FINAL PAYMENT AND CLAIMS
SECTION 9-1.17D(1) GENERAL
Replace Section 9-1.17D(1) General with the following:
If Contractor accepts the proposed final estimate or does not submit a claim statement within 30 days of receiving the proposed final estimate, the Engineer will process the proposed final estimate for payment. The final payment will not be due and payable until the expiration of 40 days from the date the notice of completion is filed with the City of Emeryville. The Notice of Completion will be filed within five days of formal acceptance of the work by the City Council or its designated representative, upon the recommendations of the Engineer. This final estimate and payment is conclusive except as specified in Sections 5-1.27, 6-3.06, and 9-1.21.
If Contractor submits a claim statement within 30 days of receiving the Engineer’s proposed final estimate, the Engineer will process for payment the proposed final pay estimate for payment of the uncontested amount due. The Engineer will pay the uncontested amount due within 40 days from the date the notice of completion is filed with the City of Emeryville. The uncontested amount due estimate is conclusive as to the amount of work completed and the amount payable except as affected by the claims or as specified in Sections 5-1.27, 6-3.06, and 9-1.21.
SECTION 9-1.17D(2) CLAIM STATEMENT
SECTION 9-1.17D(2)(A) GENERAL
Add to Section 9-1.17D(2)(a) General as follows:
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 EPW 18-107 B-54
For each claim, submit a claim statement showing:
1. The identification number
2. Date the Initial Potential Claim was furnished to the Engineer
3. Date the Supplemental Potential Claim was furnished to the Engineer
4. The final amount of additional payment requested
5. Attach a copy of the Full and Final Potential Claim Record Submit claims to:
City Engineer
City of Emeryville – Public Works Department
1333 Park Avenue
Emeryville, CA 94608
SECTION 9-1.17D(2)(D) WAIVER
Add to 1st paragraph in Section 9-1.17D(2)(d) Waiver as follows:
1. You did not comply with applicable notice or protest requirements including but not limited to:
Section 4-1.06;
Section 5-1.06;
Section 5-1.42; or
Section 8-1.07.
SECTION 9-1.17D(3) FINAL DETERMINATION OF CLAIMS
Delete 6th paragraph in Section 9-1.17D(3) Final Determination of Claims.
SECTION 9-1.22 ARBITRATION
Replace Section 9-1.22 Arbitration with the following:
Section 9-1.22 Claim Resolution Procedure
1. For all claims contested by the Engineer and not included in the semifinal estimate, the Engineer may request additional information within 30 days of submittal of the semifinal estimate. A proof of mailing or delivery must be retained.
2. You must submit to the Engineer the information requested for each claim within 30 days of the date of mailing of the Engineer’s request. Proof of mailing or Engineer’s receipt will be retained for the submittal. Failure to timely submit the information requested is deemed a waiver of the claim.
3. The Engineer will submit a written response to you for each claim within 30 days after the date of mailing of your submittal, or if the Engineer did not request additional information, within 30 days of submittal of the semifinal estimate.
4. If you dispute the Engineer’s written response to any claim, or the Engineer fails to respond within the time specified, you must notify the Engineer in writing, either within 15 days of the Engineer’s response or the Engineer’s failure to respond within the specified time period, and demand an informal meeting to discuss and attempt to settle the issues remaining in dispute. Upon receipt of such a demand, the Engineer will schedule such a meeting within 30 days.
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 EPW 18-107 B-55
5. Following the meeting if any claim or portion thereof remains in dispute, you may file a claim as provided in Government Code 910 and following.
6. Either party may request non-binding mediation at any time following the informal meeting in an attempt to settle any issues remaining in dispute. If both sides agree to mediation and agree on a mediator, the parties must pay equally the fees and expenses of the mediator.
7. If either party initiates litigation against the other, within 60 days, but no earlier than 30 days, following the filing of the responsive pleading, the court may submit the matter to nonbinding mediation unless both parties stipulate to waive this requirement. The parties must select a disinterested third person as mediator within 15 days following the 60th day after the filing of the responsive pleading, and the mediation must commence within 30 days of selection of the mediator, unless the parties stipulate otherwise, or the court, on a showing of good cause, orders a time extension. If the parties fail to select a mediator within the 15- day period, any party may petition the court to appoint the mediator. The parties must pay equally the fees and expenses of the mediator. The court may, upon either party’s request, order any witnesses to participate in the mediation process. The party requesting the appearance of any witness must pay the costs and expenses of the witness.
SECTION 9-1.23 CITY BILLING
Add Section 9-1.23 City Billing as follows:
Where City staff and equipment are used for work, billing will be done at the hourly billing rate for particularly involved City staff. City materials and equipment will be billed in compliance with Section 9-1.04. Work performed by a third party will be billed at the amount charged to the City for the work plus an additional five percent markup. The total cost plus markup may be retained from contract or for private work billed to permittee.
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 EPW – 18-107 Part C, Page 1
PART C
SPECIAL PROVISIONS
FOR
TRASH CAPTURE PROJECT
PROJECT NO. EPW-18-107
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SECTION 1
MISCELLANEOUS
1-1 WORK SITE MAINTENANCE
1-1.1 Clean Up and Dust Control
During the progress of work, the Contractor shall keep the entire job site in a clean and orderly condition. Spillage resulting from hauling operations along or across existing streets, roads, paths or lawns shall be removed immediately by the Contractor. All gutters and roadside ditches shall be kept clean and free from obstruction. Any deviation from this practice must have written approval from the City Engineer.
The generation of dust shall be controlled as required by the Bay Area Air Quality Management District. The Contractor shall govern his operations and construction methods at all times so as to prevent any dust problems within the area of work or along adjacent properties and shall provide the water wagons, water, labor, or any material or equipment required to provide adequate control of dust to the complete satisfaction of the Engineer. Grading activities shall cease during periods of high winds (greater than 25 MPH). Trucks hauling soil, dirt, sand or other emissive materials shall have their loads covered with a tarp or other protective cover as determined by the Engineer. Any damage resulting from dust shall be the complete and sole responsibility of the Contractor.
No separate payment will be made for dust control but shall be included in the appropriate item of work.
Before final acceptance of the work, the Contractor shall carefully clean up the work area and premises remove all surplus construction materials and rubbish of all kinds from the grounds which he has occupied and leave them in a neat condition. 1-1.2 Water Pollution Control
The intent of these requirements is to enforce federal, state, and other local agency regulation prohibiting storm water pollution from construction sites. The storm drain system discharges directly to creeks and the San Francisco Bay without treatment. Therefore, pollutant discharge into the storm drain system is strictly prohibited. Here pollutant discharge means any substance, material, or waste, and discharges NOT permitted under the National Pollutant Discharge Elimination System regulated by the State of California Regional Water Quality Control Board or the United States Environmental Protection Agency other than uncontaminated storm water.
The Contractor shall conform to all applicable local, state and Federal regulations and laws pertaining to water pollution control. The Contractor shall conduct and schedule operations and follow and implement Best Management Practices (BMPs) in such a manner as to prevent water pollution.
Best Management Practices
For the purpose of eliminating storm water pollution, the Contractor shall implement DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 EPW – 18-107 Part C, Page 3
effective control measures known as Best Management Practices (BMPs). BMPs include schedules of activities, prohibition of practices, general good housekeeping practices, operational practices, pollution prevention practices, maintenance procedures, and other management procedures to prevent pollutant discharge directly or directly into the storm drain system. BMPs also include the construction of some facilities that may be required to prevent, control, and abate storm water pollution. The Contractor shall implement and maintain such BMPs as are relevant to the work, and as are specifically required by the Plans or Special Provisions. The Contractor shall be responsible throughout the Contract duration for installing, constructing, inspecting, maintaining, removing and disposing of BMPs for wind erosion control, tracking control, erosion and sediment control, non-storm water control, and waste management and materials pollution control. Unless otherwise directed by the Engineer, the Contractor shall be responsible for BMP implementation and maintenance throughout any temporary suspension of the Work.
Any BMP required to protect storm water quality shall be installed within 24 hours of the time Contractor is notified by the Engineer or regulatory agencies to install such BMP's.
Material Storage
Storage and exposure of raw materials, by-products, finished products, and containers shall be controlled as described below:
All construction materials shall be stored at least ten feet away from inlets, catch basins, and curb returns. The Contractor shall not allow any material to enter the storm drain system. Measures shall be taken to maintain a neat and protected pile. At the end of each working day, the Contractor shall collect and dispose of all scrap, debris, and waste material excluding materials set aside for recycling and salvage.
Materials set aside for recycling and salvage shall be delivered to the recycling station within five days. Materials that can contaminate rainwater or be transported by storm water or other runoff to the storm drain system require special storage. During wet weather or when rain is forecast, the Contractor shall store such materials inside a building or cover them with a tarp or other waterproof material secured with weighted tires or sandbags to prevent contact with rain.
The Contractor is reminded that 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.
Pavement Saw Cutting Operations
The Contractor shall prevent any saw cutting debris from entering the storm drain system.
The Contractor shall preferably use dry cutting techniques and sweep up residue. If wet methods are used, the Contractor shall vacuum slurry as cutting proceeds or collect all wastewater by constructing a sandbag sediment barrier. The bermed area shall be of adequate size to collect all wastewater and solids. The Contractor shall allow collected water to evaporate, as approved by the Engineer, if the wastewater volume is minimal and if maintaining the ponding area does not interfere with public use of the street area, create a safety hazard, or does not create standing water that remains longer than 72 hours. If the Engineer approves, the Contractor may direct or pump saw cutting DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 EPW – 18-107 Part C, Page 4
wastewater to a dirt area for infiltration. This dirt area shall be adequate to contain all the wastewater. After wastewater has infiltrated, all remaining saw cutting residue must be removed and disposed of properly.
With the approval of East Bay Municipal Utility District (EBMUD) and the Engineer, desilted water may be pumped to the sanitary sewer to assist in the evaporation or infiltration process. Remaining silt and debris from the ponding or bermed area shall be removed or vacuumed and disposed of properly. If a suitable dirt area is not available or discharge to the sanitary sewer is not feasible, with the Engineer’s approval the Contractor shall filter the saw-cutting wastewater through filtering materials and methods meeting ABAG Standards For Erosion and Sedimentation Control Measures (latest edition) before discharging this wastewater to the storm drain.
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 Best Management Practices:
a. No placement of concrete or paving during wet weather. b. Store materials as required by 1-1.2.2.
c. Cover inlets and manholes when applying asphalt, seal coat, tack coat, slurry seal, fog seal, etc.
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. Sweep work site daily to prevent sand, gravel or excess asphalt from entering, or being transported by rain, into the storm drain system. The contactor shall use water and sweeper trucks on a daily basis including weekends to maintain the site. f. Keep ample supplies of drip pans or absorbent materials on-site. 1-1.3 Storage in Public Streets and Right-of-Way
Construction equipment and materials shall not be stored in public streets and right-of-way.
Excavated material, except that which is to be used as backfill in the adjacent trench, shall not be stored in public streets and right-of-way unless otherwise specified in these Special Provisions or approved by the Engineer. Immediately after placing backfill, all excess material shall be moved from the work site and no stockpiling of material is permitted. 1-1.4 Storage of Equipment and Material on Private Property If the Contractor wishes to use private property as a Construction Yard, then prior to any staging, storing, or parking of any Contract equipment and/or materials on said private property, the Contractor shall comply with the following requirements:
a. The Contractor must provide the Engineer a site map for review indicating the proposed location of the Construction Yard;
b. The location of the Construction Yard must be approved by the Engineer and written approval must be provided to the Contractor by the Engineer; DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 EPW – 18-107 Part C, Page 5
c. The Contractor shall submit to the Engineer a copy of the written agreement with the legal owner of the affected property to be used as a Construction Yard; d. Within the Construction Yard itself, the Contractor must comply with the Best Management Practices for storm water protection as required by the Contract documents. e. The Contractor shall also not deliver or remove any equipment or material outside the Contract construction hours specified.
1-2 COOPERATION
Attention is directed to Sections 7-1.14 "Cooperation'" and 8-1.10 "Utility and Non-Highway Facilities," of the Standard Specifications and these Special Provisions.
Payment for coordination and cooperation shall be considered as fully compensated in the various related items of work and therefore no separate payment will be allowed for said coordination and cooperation between Contractors, utility companies or property owners. 1-3 OBSTRUCTIONS
Attention is directed to Section 8.1-10, “Utility and Non-Highway Facilities,” and Section 15, “Existing Highway Facilities,” of the Standard Specifications as well as Section 5.0 of the "Green Book" and these Special Provisions.
The Contractor’s attention is directed to the existence of certain underground facilities that may require special precautions be taken by the Contractor to protect the facility and the health, safety and welfare of the workmen and of the public. Facilities requiring special precautions include, but are not limited to:
natural gas in pipelines operating at pressures greater than 60 psi (gage); underground electric supply system conductors or cables, with potential to ground of more than 300 volts, either directly buried or in duct or conduit which do not have concentric grounded conductors or other effectively grounded metal shields or sheaths; water lines, telephone lines, cablevision lines, storm drains, sanitary sewer lines, etc.
If such facilities are not located on the plans in both alignment and elevation, no work shall be performed in the vicinity of said facilities until the Contractor has located the facility by potholing, probing, or other means that will locate and identify the facility to the satisfaction of the Engineer.
The Contractor shall notify the Engineer and the appropriate regional notification center for operators of subsurface installations at least two working days, but not more than 14 calendar days, prior to performing any excavation or other underground works. Regional notification centers include but are not limited to the following:
Notification Center Telephone
Underground Service Alert, 1 (800) 642-2444
Northern California (USA)
1-4 CONSTRUCTION AREA SIGNS
Construction area signs shall be furnished, installed, maintained, and removed when no longer required in accordance with the provisions in Section 12, “Construction Area Traffic Control Devices,” of the Standard Specifications and as shown on the plans, and these Special Provisions.
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All excavations required to install construction area signs shall be performed by hand methods without the use of power equipment, except that power equipment may be used if it is determined, to the satisfaction of the engineer that there are no utility facilities in the area of the proposed posthole excavations.
Full compensation for furnishing, placing, maintaining, and removal of construction area signs shall be included in all other items of work and no separate payment will be allowed therefore. 1-5 MAINTAINING TRAFFIC
Attention is directed to Sections 7-1.08 "Public Convenience", 7-1.09 "Public Safety", and 12 "Construction Area Traffic Control Devices", of the Standard Specifications, and to the Section entitled "Public Safety" elsewhere in these special provisions, and to these special provisions. Nothing in these special provisions shall be construed as relieving the Contractor from his responsibility as provided in said Section 7-1.09. Lane closures shall conform to the provisions in Section 12 “Construction Area Traffic Control Devices” of the Standard Specifications.
Access to all properties shall be maintained at all times and not impact their daily operations. If necessary, the Contractor shall construct in phases or in a manner to ensure no disruption to accessibility, including installing steel plating if necessary.
When working within pedestrian areas the Contractor shall provide and maintain 5-foot-wide paths for pedestrian traffic through the construction site. The Contractor shall lay out and maintain a safe and direct ADA compliant pedestrian path around the construction site within the public right of way.
Pedestrian paths shall be provided with surfacing of asphalt concrete, Portland cement concrete or timber. Surface shall be skid resistant and free of irregularities. At newly established temporary crosswalks, temporary signage and striping shall be placed in order to alert vehicles and maintain safe passage for pedestrians. The pedestrian path shall be approved by the Engineer.
The Contractor shall provide and maintain safe travel for bicycles through the construction area. Bicyclist shall be notified by signage of changes to the bicycle route, and Contractor shall provide proper signage or temporary traffic markings to guide bicyclists through the construction area.
No reduction of the traveled way width shall be permitted before 7:00 a.m. nor after 6:00 p.m., or as specified on the Caltrans Encroachment Permit, on any street unless prior approval in writing is obtained from the Director of Public Works. The Contractor shall also not store construction equipment within any public streets and right of way outside the previously specified hours. The Contractor shall also not deliver/remove any equipment or material to/from the Construction Yard or work area outside the previously specified hours.
The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make his own arrangements relative to keeping the working area clear of parked vehicles. Such arrangements shall be subject to the prior written approval of the Engineer.
Personal vehicles of the Contractor’s employees shall not be parked on the traveled way or shoulders, including any section closed to public traffic.
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Prior to the start of each portion of work the Contractor shall submit a specific traffic control plan for approval by the Engineer. This plan shall include a public notice submittal for the City’s review and approval.
The Contractor shall provide and maintain traffic control during all construction activities in accordance with the Standard Plans and the CA MUTCD or the approved Traffic Control Plan. If the Contractor cannot provide and maintain traffic control as required, then the Engineer may direct the Contractor to provide, maintain, and/or update a full traffic control plan (signed by a registered Professional Engineer/Traffic Engineer), with no additional compensation. 1-6 EXISTING HIGHWAY FACILITIES
The work performed in connection with various existing highway facilities shall conform to the provisions in Section 15, "Existing Highway Facilities," of the Standard Specifications and these special provisions.
The Contractor shall be responsible for repairing any damage they cause to existing irrigation and landscaping on City and/or private property.
Contractor shall locate and protect from damage any existing monitoring wells. No material may be placed over wells. Wells shall remain available to be monitored and sampled at all times.
Existing City survey monument(s) shall be preserved. If existing monument boxes must be removed or are destroyed, the Contractor shall notify the Engineer, and shall be responsible to reset said monuments at the completion of the project.
Full compensation for locating, protecting, and maintaining accessibility to monitoring wells, and monument(s), shall be considered as included in the various contract items of work and no additional compensation will be allowed therefore.
Adjusting monument and monitoring well boxes to grade shall be paid for under separate items of work.
Resetting existing monuments shall be paid for by a separate item of work except where Contractor destroys existing monument without prior approval by the Engineer. 1-7 PROGRESS SCHEDULE
Progress schedules will be required for this contract and shall conform to the provisions in Section 8-1.04 "Progress Schedule" of the Standard Specifications. Full compensation for Progress Schedule shall be considered as included with all contract items of work and no additional compensation will be allowed therefore.
1-8 TIME OF COMPLETION
The Contractor shall complete the work within thirty (30) working days after the commencement date specified in the Notice to Proceed.
The contractor shall commence operations within 7 calendar days after the effective date of the Notice to Proceed.
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Liquidated Damages in the Amount of $750 per calendar day will be assessed for failure to complete the contract work within the number of workdays specified. 1-9 HOURS OF WORK
The Hours of Work for this project shall be as follows for non-holiday weekdays: 7:00 a.m. to 6:00 p.m.
1-10 AS-BUILT DRAWINGS
The Contractor shall maintain one (1) clean set of marked plans showing all changes and "record" information and submit a copy to the City upon completion of work. Any changes must be approved by the City inspector before being done. Note any changes on marked print copy.
The Contractor is required to track and record all changes made throughout the completion of the project and shall submit a complete red-lined copy of the construction plans to the Engineer for review of those changes indicated. If necessary, the Contractor shall address any comments and resubmit the red-lined plans. Upon approval by the Engineer, the Contractor shall submit 1 electronic PDF copy of the final approved red-lined plans. A Notice of Completion and/or Final Payment will not be released until the approved red-lined plans are received as described. The cost of the work and materials to provide the approved red-lined construction plans shall be included in the cost for Mobilization. 1-11 PUBLIC SAFETY
The Contractor shall provide for the safety of traffic and the public in accordance with the provisions in Section 7-1.09, "Public Safety," of the Standard Specifications and these special provisions.
The Contractor shall install temporary railing (Type K) between any lane carrying public traffic and any excavation, obstacle, or storage area when the following conditions exist:
(1) Excavations.
Any excavation, the near edge of which is 12 feet or less from the edge of the lane, except:
(a) Excavations covered with sheet steel or concrete covers of adequate thickness to prevent accidental entry by traffic or the public.
(b) Excavations less than one foot deep.
(c) Trenches less than one foot wide for irrigation pipe or electrical conduit, or excavations less than one foot in diameter.
(d) Excavations parallel to the lane for the purpose of pavement widening or reconstruction. (e) Excavations in side slopes, where the slope is steeper than 4:1. (f) Excavations protected by existing barrier or railing. (2) Temporarily Unprotected Permanent Obstacles.
Whenever the work includes the installation of a fixed obstacle together with a protective system, such as a sign structure together with protective railing, and the Contractor elects to install the obstacle prior to installing the protective system; or whenever the Contractor, for his convenience and with permission of the Engineer, removes a portion of an existing protective railing at an obstacle and does not replace such railing complete in place during the same day.
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(3) Storage Areas.
Whenever material or equipment is stored within 12 feet of the lane and such storage is not otherwise prohibited by the specifications.
The approach end of temporary railing (Type K), installed in accordance with the requirements in this section "Public Safety" and in Section 7-1.09, "Public Safety," of the Standard Specifications shall be offset a minimum of 15 feet from the edge of the traffic lane open to public traffic. The temporary railing shall be installed on a skew toward the edge of the traffic lane of not more than one foot transversely to 10 feet longitudinally with respect to the edge of the traffic lane. If the 15-foot minimum offset cannot be achieved, the temporary railing shall be installed on the 10 to 1 skew to obtain the maximum available offset between the approach end of the railing and the edge of the traffic lane, and an array of temporary crash cushion modules shall be installed at the approach end of the temporary railing.
Temporary railing (Type K) shall conform to the provisions in Section 12-3.08, "Temporary Railing (Type K)" of the Standard Specifications, except temporary railing (Type K) fabricated prior to January 1, 1993, with one longitudinal No. 5 reinforcing steel bar near the top in lieu of the 2 longitudinal No. 5 reinforcing steel bars near the top, as shown on the plans, may be used.
Temporary crash cushion modules shall conform to the provisions in "Temporary Crash Cushion Module" elsewhere in these special provisions.
Except for installing, maintaining and removing traffic control devices, whenever work is performed or equipment is operated in the following work areas, the Contractor shall close the adjacent traffic lane unless otherwise provided in the specifications:
Approach Speed of Public Traffic
(Posted Limit in MPH)
Over 45
35 to 45
Work Areas
Within 6 feet of a traffic lane but not on a
traffic lane.
Within 3 feet of a traffic lane but not on a
traffic lane.
The lane closure provisions of this section shall not apply if the work area is protected by permanent or temporary railing or barrier.
When traffic cones or delineators are used to delineate a temporary edge of traffic lane, the line of cones or delineators shall be considered to be the edge of traffic lane, however, the Contractor shall not reduce the width of an existing lane to less than 10 feet without written approval from the Engineer.
When work is not in progress on a trench or other excavation that required closure of an adjacent lane, the traffic cones or portable delineators used for the lane closure shall be placed off of and adjacent to the edge of the traveled way. The spacing of the cones or delineators shall be not more than the spacing used for the lane closure.
Suspended loads or equipment shall not be moved nor positioned over public traffic or pedestrians.
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Full compensation for conforming to the requirements in this section "Public Safety," including furnishing and installing temporary railing (Type K) and temporary crash cushion modules, shall be considered as included in the contract price paid for Traffic Control System and no additional compensation will be allowed therefor.
1-12 MEASUREMENT AND PAYMENT
Full compensation for conforming to the provisions of this Section 10-1 ”General”, shall be considered as included in the contract price paid for the various other items of work and no additional compensation will be allowed.
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SECTION 9
DESCRIPTION OF WORK
9-1 WORK TO BE PERFORMED
The work to be performed under this contract shall consist of, but not limited to, the following:
The assumption of procurement of materials, installation of a trash capture device, appurtenances and slide gates, soil disposal, shoring, minor concrete construction, stormwater bypass plan, and site restoration within State of California right-of-way on West MacArthur Boulevard in the City of Emeryville.
SECTION 10
CONSTRUCTION DETAILS
10-1 ORDER OF WORK
Order of Work shall conform to the provisions in Section 5-1.05, “Order of Work”, of the Standard Specifications and these Special Provisions.
The first order of work after the Notice to Proceed is to provide an accurate project schedule, assume procurement of stormwater separator unit and slide gates, and required submittals for approval by the Engineer. There shall be a preconstruction conference prior to any work at which the contractor shall provide the Engineer and affected agencies with a list of key responsible personnel and how they may be reached at any time. The City of Emeryville Public Works Department will schedule the preconstruction conference.
Close adherence to the conditions of the Caltrans Encroachment Permit and Rider is required.
Payment for coordinating work shall be included with the associated items of work. 10-2 ITEMS OF WORK – GENERAL
All items of work are to be installed or constructed as specified in the Standard Specifications, the Standard Plans, as shown on the plans, or as modified in these Special Provisions. Each item is listed with the corresponding sections of the Standard Specifications, which may apply thereto. These listings are not necessarily all of the sections which may apply and are not meant to exclude other sections which are not referred to specifically but do give direction to the work. The Special Provisions shall take precedence over the Plans, and the Plans shall take precedence over the Standard Specifications. 10-2.1 BID ITEM 1 – SUPPLEMENTAL WORK
This item is provided to account for new unforeseen work not specifically provided for on the plans or in DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 EPW – 18-107 Part C, Page 13
the Special Provisions. The dollar amount listed in the Estimate of Quantities is an estimate only and will be included in each bidder’s proposal. Supplemental Work shall be performed only upon direct written authorization from the City Engineer, or his/her designee (City Representative). Daily extra work reports will be required if the work is to be paid for on a force account basis. Agreed price may be used as an alternate method of payment, if directed by the City Representative.
Payment for Bid Item 1
Final payment will be based on the total amount of supplemental work performed, and is not be subject to the provisions of Section 4 of the Standard Specifications. 10-2.2 BID ITEM 2 – MOBILIZATION
Mobilization shall conform to the provisions in Section 11, “Mobilization,” of the Standard Specifications.
Included in this item of work shall be the acquisition of an Encroachment Permit through the State of California (Caltrans) who has jurisdiction over and operates West MacArthur Boulevard. Related material is included in Part D of this document and the anticipated cost of the permit to the Contractor is $1,600.
Furnishing and installation of temporary site fencing as shown on the plans and as described in Section 015626 – TEMPORARY FENCING of the CSI formatted specifications located in Part D of the project documents is also included in the work of this item.
Payment for Bid Item 2
The contract lump sum price paid for “Mobilization” shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work described herein involved in mobilization, including obtaining a Caltrans encroachment permit, and furnishing Record Drawings as specified in the Standard Specifications and these Special Provisions. 10-2.3 BID ITEM 3 – TRAFFIC CONTROL SYSTEM
A traffic control plan including concrete barrier type K and sand barrier attenuators in accordance with Section 1-11 above, Caltrans requirements, and the CAMUTCD, shall be submitted for review, implemented and maintained as a means of protective separation from vehicular traffic shall be in place for the duration of this project as part of this item of work.
In addition to traffic control and construction area signage, two (2) Project Funding Signs may be provided to the Contractor for installation, on Contractor furnished posts, as directed by the Engineer.
Additionally, the Contractor may be required to attach magnetic signage, as furnished by the Engineer, to all equipment working on the project. Said signage shall be removed and returned to the Engineer upon completion of the work.
A traffic control system shall consist of closing traffic lanes and the roadway in accordance with the provisions under Section 1-4.0 "Construction Area Signs” and Section 1-5.0 "Maintaining Traffic” found elsewhere in these Special Provisions, the provisions of Section 12 "Construction Area Traffic Control Devices" of the Standard Specifications, and the Project Plans.
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This work shall include but not be limited to the implementation of the plans detailing traffic handling, installation of construction area signs, temporary striping, and installation of project signage. The work of this item shall include removal of said signs upon completion of the work.
Prior to the start of each portion of work the Contractor shall submit a specific traffic control plan for approval by the Engineer. This plan shall include a public notice submittal for the City’s review and approval. Public notification of parking and access restrictions shall be posted not less than 3 working days prior to the start of work for that area. If work is postponed the area shall be re-posted for another 3 working day period. The Contractor shall be responsible for informing all potentially affected businesses and agencies including transit operators and emergency service providers of the work that is to occur and the impact to vehicular movements. A list of these operators and emergency service providers will be provided at the pre-construction meeting.
The Contractor shall provide and maintain traffic control during all construction activities in accordance with the approved Traffic Control Plan. If the Contractor cannot provide and maintain traffic control as required, then the Engineer may direct the Contractor to provide, maintain, and/or update a full traffic control plan (signed by a registered Professional Engineer/Traffic Engineer), with no additional compensation.
The Contractor shall be responsible to keep pedestrian, bicycle, and vehicle traffic off concrete areas until concrete has properly cured. The Contractor shall be responsible for any touch-ups or removal/repours needed due to damage caused by trespassing.
The provisions in this section will not relieve the Contractor from his responsibility to provide such additional devices or take such measures as may be necessary to comply with the provisions in Section 7-1.09, "Public Safety" of the Standard Specifications.
If any component in the traffic control system is displaced or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location.
If during the course of the work, the Engineer determines, in his sole discretion, that traffic control systems are not functioning adequately or as intended, he may order field revisions to be made to the system(s). Contractor shall make those ordered revisions and maintain those ordered revisions until further directed by the Engineer. All costs for revisions and maintenance of those revisions shall be included in the lump sum contract price described below.
Temporary Pavement Delineation and Markers
Temporary pavement delineation, including but not limited to raised flexible reflective tabs and/or reflective adhesion tape, shall be installed and maintained by the Contractor during or between construction stages and operations for the purpose of providing traffic control and public safety.
The specific type or method of temporary pavement delineation used by the Contractor shall be approved by the Engineer prior to application. Installation and maintenance of all temporary pavement delineation shall not be considered as “extra work”.
Temporary pavement delineation and markers shall be applied in all locations where existing markers and striping have been removed. The pavement markers shall be applied complete in DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 EPW – 18-107 Part C, Page 15
place prior to opening the traveled way to public traffic. They shall be applied after existing striping removal. Immediately before permanent striping installation, temporary markers shall be removed in their entirety and shall not be cut at the pavement surface.
When using raised flexible reflective tabs or reflective adhesion tape for temporary pavement delineation along the direction of travel (longitudinal lines), temporary stripes shall be placed on the pavement surface at a 6-inch or 12-inch offset left of the proposed permanent pavement stripe. Prior to the application of the permanent stripe the Contractor shall remove the tabs or tape from the pavement surface. Removals must be coordinated with the labor force performing the permanent pavement delineation.
When reflective adhesive tape is used for lane delineation, a minimum of 3-foot strip of tape shall be placed at 12-foot intervals (gaps) regardless of the posted speed for the zone requiring temporary striping. When raised reflective tabs are used for lane delineation, the tab spacing shall not exceed 24 feet. Raised flexible reflective tabs shall not be utilized for limit lines (stop bars) or crosswalks without prior approval of the Engineer.
When temporary pavement delineation is needed on a roadway surface that has been grinded, temporary paint shall be utilized. Said temporary pavement delineation must match the alignment, spacing, color, and paint requirements of the permanent or previous pavement delineations. Contractor must maintain the visibility of the temporary paint and re-apply new coats as deemed necessary by the Engineer.
When temporary pavement delineation is needed on a roadway surface that has been slurried, the Contractor shall not use reflective adhesion tape or temporary paint. The Contractor shall use raised flexible reflective tabs that follow the alignment of the permanent paint. Prior to the application of the permanent stripe the Contractor shall remove the tabs from the pavement surface. Removals must be coordinated with the labor force performing the permanent pavement delineation.
Payment for Bid Item 3
The contract lump sum price paid for “Traffic Control System” shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in traffic control system, including placing, removing, storing, maintaining, moving to new locations, replacing and disposing of the components of the traffic control system, traffic handling plans, temporary pavement delineation and markers as required, k-rail and crash cushions, Construction Area Signs, and Project Funding Signs, as specified in the Standard Specifications these Special Provisions and as shown on the project plans. 10-2.4 BID ITEM 4 – WATER POLLUTION CONTROL PLAN AND IMPLEMENTATION The Contractor shall conform to all applicable local, state and Federal regulations and laws pertaining to water pollution control. The Contractor shall provide a Water Pollution Control Plan for the Engineer’s review and shall implement and conduct and schedule operations and follow Best Management Practices DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 EPW – 18-107 Part C, Page 16
(BMPs) in such a manner as to prevent water pollution as indicated on the plan. The contractor shall take such measures as may be necessary to comply with the provisions in Part C, Section 1-1.2.
Payment for Bid Item 4
All work of preparing and implementing the required Water Pollution Control Plan for all project activities shall be included in the contract lump sum price paid for Water Pollution Control Plan and Implementaiton.
10-2.5 BID ITEM 5 – SHEETING SHORING AND BRACING PLAN AND IMPLEMENTATION The Contractor shall conform to all applicable local, state and Federal regulations and laws pertaining to sheeting, shoring, and bracing. This item shall include all sheeting, shoring, and bracing as required for construction of this project. Attention is directed to Section 312300 “Excavation Support and Protection” of the CSI formatted Specifications, Section 5-1.02A "Trench Excavation Safety Plans" of the Standard Specifications and Subsections 306-1.1.1. and 306-1.1.6, "Bracing Excavations" of the Greenbook for requirements regarding Sheeting, Shoring, and Bracing. A shoring permit from the Division of Industrial Safety shall be required. The Contractor shall submit, and have approved by the Engineer, a design for each type of sheeting, shoring, or bracing that is proposed to be used.
The design(s) shall be prepared with the expectation that groundwater, landfill, and running sandy soils may be encountered, and shall be signed by a licensed Civil and Geotechnical Engineer. The date of signing shall be after the date for advertisement of bids for this project.
Payment for Bid Item 5
Payment for the Sheeting Shoring and Bracing item shall be at the contract lump sum and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, required for the installation of Sheeting, Shoring, and Bracing Plan and Implementation as described herein.
10-2.6 BID ITEM 6 – EXCAVATION DEWATERING, STORMWATER FLOW CONTROL PLAN AND
IMPLEMENTATION
The work of this item includes the preparation and implementation of a Working Plan for excavation dewatering, stormwater flow control plan and implementation.
Groundwater is anticipated during the construction of the project. The elevation of the groundwater is tidally influenced and varies between 4 and 12 feet below the surface. The presence of sandy soils and landfill debris may exacerbate water intrusion into the work area.
The Contractor shall sample and analyze groundwater when encountered and prepare a report which shall be used to obtain an East Bay Municipal Utility District permit to release groundwater into the sanitary sewer system. Contractor shall study the report to assess the nature of the groundwater to be encountered during construction to determine the appropriate sampling, testing, reporting, collection and treatment methods necessary to satisfy the conditions of the EBMUD permit.
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The Contractor shall estimate the quantity of water to be encountered and shall provide an adequate number of holding tanks so that dewatering activities do not delay the progress of work.
The work of this item shall include dewatering due to stormwater entering trenches or changes in groundwater elevation due to wet weather, tidal influence and seepage from adjacent channels. The Contractor shall ensure that groundwater does not enter the active sewer system without treatment.
Permission to discharge water to the sanitary sewer system shall be obtained in writing from EBMUD and the City prior to discharge.
Payment for Bid Item 6
All work of preparing and implementing, including water testing, as necessary to obtain an EBMUD permit for discharge to the sanitary sewer as described herein shall be included in the contract lump sum price paid for the Excavation Dewatering, Stormwater Flow Control Plan and Implementation.
10-3 TECHNICAL SPECIFICATIONS
All items of work are to be installed or constructed as specified in the Standard Specifications, as shown on the plans, or as modified in these Special Provisions. Each item is listed with the corresponding sections of the Standard Specifications, which may apply thereto. These listings are not necessarily all of the sections which may apply and are not meant to exclude other sections which are not referred to specifically but do give direction to the work. These Special Provisions shall take precedence over the Plans.
10-3.1 GENERAL
All equipment and material that the Contractor proposes to install shall conform to these specifications and the contract plans. For convenience in designation on the Contract Documents, certain articles or materials to be incorporated in the work may be designated under a trade name or the name of a manufacturer and the manufacturer's catalogue information.
If these Special Provisions specify manufacturers’ names along with the term “City approved equal”, the use of an alternative article or material which is of equal or superior quality and of the required characteristics for the purpose intended will be permitted, subject to the following requirements:
The burden of proof as to the quality and suitability of alternatives shall be upon the Contractor, and the Contractor shall furnish all information necessary as required by the Engineer. The Engineer shall be the sole judge as to the quality and suitability of alternative articles or materials, and the Engineer's decision shall be final.
Whenever the Contract Documents permit the substitution of a similar or equivalent material or article, DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 EPW – 18-107 Part C, Page 18
no tests or action relating to the acceptance of the substitute material will be made until the request for substitution is made in writing by the Contractor accompanied by complete data as to the equality of the material or article proposed. Request for such substitution shall be made in writing by the Contractor within thirty (30) days of the Notice to Proceed. Failure by the Contractor to request substitution within thirty (30) days of the Notice to Proceed constitutes an agreement by Contractor to furnish only the materials or equipment listed in the Contract Documents. Until and unless such substitutions are authorized in writing by the Engineer, no deviations from the specifications shall be allowed. 10-3.7 BID ITEM 7 – CLEARING, GRUBBING, DEMOLITION AND PROTECTION OF
EXISTING IMPROVEMENTS
This item shall include clearing, grubbing, demolition, protection of existing improvements, offhauling, and disposal as necessary to complete the work of the project.
Removal of Existing PCC shall conform to the provisions in Section 15, “Existing Highway Facilities”, and Section 19, “Earthwork” of the Standard Specifications as detailed on the plans and these Special Provisions. PCC sidewalk construction shall conform to the provisions in Section 73 "Concrete Curbs and Sidewalks," of the Standard Specifications, C.C.R. Title 24, and these Special Provisions.
Where curb and gutter are to be removed and replaced, the Contractor shall also remove a minimum of 12" of existing pavement to facilitate the setting of forms and compaction of backfill. Paving replacement shall be 12" full depth AC. The removal and replacement of curb and gutter shall also include all removal and replacement of AC adjacent to the gutter (if needed). Curb and gutter shall be poured independent (separate) of driveways, pedestrian ramps and sidewalks.
The removed material shall become the property of the Contractor and shall be disposed of off the site at a legal recycling facility. No PCC removal shall occur prior to review and approval of the removal limits by the City’s Representative.
The work of this item shall include protection of tree limbs, trunks and roots in the work area and also includes the furnishing and installation of temporary construction fencing per Section 015626 “Temporary Fencing” of the CSI formatted Supplement to these specifications.
In the event tree roots 2” in diameter or larger are encountered the Contractor shall coordinate with the City Arborist as to how to protect, trim or avoid root damage.
If the Caltrans encroachment permit that is issued allows for the removal of the tree in closest proximity to the excavation, this item shall include its removal and disposal.
Existing curb, gutter, sidewalk, shall be saw-cut to full depth of PCC prior to removal. Contractor shall use vacuums or other means approved by the City Engineer to prevent water used for saw-cutting from entering the storm drain system.
The removed Concrete and asphalt pavement debris generated during the course of the work shall be separated from excavated material and disposed of separately from soils to be disposed of under Bid Item 7.
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The streetlight located within the work area may be temporarily removed and replaced as approved by the City Representative.
Payment for Bid Item 7
Payment for this item shall be at the lump sum price and shall include full compensation for furnishing all labor, material, tools, equipment, permits, incidentals for performing the work as described herein.
10-3.8 BID ITEM 8 – EXCAVATION, HAULING, AND CLASS II SOIL DISPOSAL This item shall include excavation, offhauling, disposal and preparation of a site-specific Health and Safety Plan for Contractor’s personnel for handling soil generated by the work of this project and shal conform to Section 310000 – “Earthwork” of the CSI formatted Specifications.
No payment will be made for disposal of excavated material that is more than 12” laterally from the constructed improvements and no on-site stockpiling of excavated material is permitted.
Concrete and asphalt pavement debris generated during the course of the work shall be separated from excavated material and disposed of separately.
This item of work shall include full compensation for the loading, transportation and disposal of said material to the either of the following: Waste Management - Altamont Landfill, Republic Services – Vasco Road Landfill, Allied Waste – Keller Canyon Landfill, or Allied Waste – Forward Inc. Landfill as nonbeneficial use waste. This item of work shall also include all disposal site coordination.
Contaminated material sampling and testing of stockpiled soils is provided elsewhere in the project documents. The City shall be responsible for signing all manifests from the landfill.
Payment for Bid Item 8
Payment for this item shall be at the contract unit price per ton as confirmed by the landfill’s certified scale tags, and shall include full compensation for furnishing all labor, material, tools, equipment, permits, incidentals for performing the work as described herein. This item of work shall not be subject to Section 4-1.03B “Increased or Decreased Quantities” of the Standard Specifications.
10-3.9 ITEM 9 - ASSUMPTION OF PROCUREMENT CONTRACT FOR SEPARATOR The work of this item includes the assumption of the transfer and ownership of all liabilities, obligations, and claims that currently exist or may in the future regarding the separator procurement contract found in Part D of these Project Documents. As of the Contract Effective Date, the Contractor agrees to comply with all terms, make all payments, and perform all the conditions, covenants, and any other duties as part of the Assignment.
See Part D of the Project Documents for information related to the procurement contract and separator unit including Document 0068TS “Assignment of Procurement Contract” which as a first order of work shall be executed with signatures from the Contractor, Vendor and City.
This item shall include any and all all costs to procure and deliver the separator unit to the project site DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 EPW – 18-107 Part C, Page 20
including purchase, storage costs, delivery to the site, and coordination with the product manufacturer.
Payment for Bid Item 9
Payment for this item shall be at the contract lump sum price and shall include full compensation for furnishing all labor, material, tools, equipment, permits, incidentals for performing the work as described herein.
10-3.10 Item 10 - ASSUMPTION OF PROCUREMENT CONTRACT FOR SLIDE GATES The work of this item includes the assumption of the transfer and ownership of all liabilities, obligations, and claims that currently exist or may in the future regarding the slide gate procurement contract found in Part D of these Project Documents. As of the Contract Effective Date, the Contractor agrees to comply with all terms, make all payments, and perform all the conditions, covenants, and any other duties as part of the Assignment.
See Part D of the Project Documents for information related to the procurement contract and slide gates including Document 0068SG “Assignment of Procurement Contract” which as a first order of work shall be executed with signatures from the Contractor, Vendor and City.
This item shall include any and all costs to procure and deliver the separator unit to the project site including purchase, storage costs, delivery to the site, and coordination with the product manufacturer.
Payment for Bid Item 10
Payment for this item shall be at the contract lump sum price and shall include full compensation for furnishing all labor, material, tools, equipment, permits, incidentals for performing the work as described herein.
10-3.11 Item 11 - INSTALL SEPARATOR WITH SLIDE GATES AND HATCH INCLUDING BACKFILL The work of this item shall include installing the separator unit with slide gates and hatch and making all required connections, storm drain pipe removals and disposal, storm drain pipe adjustments, new inlet, and backfill in accordance with the Plans and these Specifications as necessary to construct a fully functioning hydrodynamic separator unit complete and in place.
Furnishing of all materials to install the unit, hatch and associated piping, new Type G1 inlet, with the exception of procurement and delivery of the separator unit (Bid Item 9) and slide gates (Bid Item 10), is included in the work of this item.
Upon completion of the installation of bedding and shading backfill materials, Contractor shall install Class 2 Aggregate Base compacted to 95% relative compaction in accordance with Caltrans Standard Specification
The work of this item shall be performed in accordance with the Plans, these Specifications and Sections 03 10 00 – CONCRETE FORMWORK, 031500 – CONCRETE ACCESSORIES, 032000 – CONCRETE REINFORCEMENT, 033000 – CAST-IN-PLACE CONCRETE, 083100 – ACCESS HATCHES, 099600 – COATINGS, 313219 – FILTER FABRIC AND GEOTEXTILES, SECTION 334443 – HYDRODYNAMIC SEPARATOR STORM WATER TREATMENT DEVICE, 40 05 59 – STAINLESS STEEL SLIDE GATES, and 310000 - EARTHWORK of the CSI formatted Supplement to these specifications.
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In the presence of the City Representative, the contractor shall schedule and perform operational testing of all working components of the separator, gates, and hatch upon completion of the unit installation and backfill.
Payment for Bid Item 11
Payment for this item shall be at the contract lump sum price and shall include full compensation for furnishing all labor, material, tools, equipment, permits, incidentals for performing the work as described herein.
10-4.2 PORTLAND CEMENT CONCRETE
Removal of Existing PCC shall conform to the provisions in Section 15, “Existing Highway Facilities”, and Section 19, “Earthwork” of the Standard Specifications as detailed on the plans and these Special Provisions. PCC sidewalk construction shall conform to the provisions in Section 73 "Concrete Curbs and Sidewalks," of the Standard Specifications, C.C.R. Title 24, and these Special Provisions.
The Contractor shall take measures to prevent graffiti, footprints, tire marks, etc., in the fresh concrete.
The Contractor shall be responsible for all markings and failure to do so shall be cause for rejection. 10-4.12 Bid Item 12 - Minor Concrete (14'x25' Maintenance Pad) Where indicated on the project plans construct Portland cement concrete maintenance pad to the grades and dimensions shown and as described in Sections 03 10 00 – CONCRETE FORMWORK, 031500 – CONCRETE ACCESSORIES, 032000 – CONCRETE REINFORCEMENT, and 033000 – CAST-IN-PLACE CONCRETE of the CSI formatted Specifications.
Work of this item includes grading, subgrade preparation, Class 2 Aggregate Base material, compaction and all work necessary to construct the maintenance pad complete and in place.
Payment for Bid Item 12
The contract unit price per square foot of “Minor Concrete 14’x25’ Maintenance Pad” shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for performing the work as described herein. Payment for this item of work will be made upon receipt of documentation from the City’s materials testing contractor that the cylinder samples meet the minimum required compressive strength as specified herein via testing of 10 day, 14 day, 21 day or 28 day samples. 10-4.13 Bid Item 13 - Concrete Curb and Gutter
Where indicated on the project plans construct mountable curb per Caltrans Standard Plans.
Work of this item includes grading, subgrade preparation, Class 2 Aggregate Base material, compaction and all work necessary to construct the curb and gutter complete DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 EPW – 18-107 Part C, Page 22
and in place.
Payment for Bid Item 13
The contract lump sum price paid for “Concrete Curb and Gutter” shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in clearing and grubbing, concrete and asphalt demolition, disposal of all removed materials, constructing the mountable curb and gutter, including layout, subgrade preparation, forming, pouring, finishing, as shown on the project plans. 10-5 TRAFFIC STRIPING, CURB and PAVEMENT MARKINGS, and PAVEMENT MARKERS Striping and pavement markings shall conform to Section 84 “Markings” of the State Standard Specifications. Pavement Markings shall conform to State Standard Plan A24A-D. Pavement markers shall conform to Section 81 “Miscellaneous Traffic Control Devices” of the State Standard Specifications.
Temporary pavement delineation and markers shall be installed and maintained until new striping is in place. All temporary traffic stripes and pavement markings shall be removed by the Contractor on the same day as placement of the permanent striping and markings.
Unless otherwise noted, retroreflective thermoplastic traffic stripe and markings shall be utilized for the project. All cat-tracking shall be in place within 72 hours from the completion of asphalt overlay and/or concrete curing period is complete. Unless otherwise approved by the engineer; once cat-track is complete, a request for cat-track approval shall be forwarded to the project manager or inspector.
Contractor shall allow 2 working days for cat-track approval. Once cat-track is approved, striping installation shall commence within 2 working days.
The thermoplastic material for stripes shall be applied by extrusion method in a single uniform layer.
Stencils shall be used when applying thermoplastic material for pavement markings. The pavement surface to which thermoplastic material is applied shall be completely coated by the material and the voids of the pavement surface shall be filled.
When continental crosswalks are shown on the Plans, the stripes shall be laid out parallel with the direction of traffic crossing the stripes with gaps positioned in wheel tracks.
Apply enhanced wet-night visibility stripe at a rate of at least 0.38 lb of thermoplastic per foot of 4-inchwide solid stripe. The applied thermoplastic traffic stripe must be at least 0.090 inch thick. 10-5.14 Bid Item 14 – Site Restoration
The work of this item shall be performed in accordance with Section 15 “Existing Facilities” of the Standard Specifications.
Pavement cut or damaged by construction shall be restored in full to patch existing pavement thickness or minimum thickness of eight inches whichever is greater. Concrete curb or curb gutter shall be restored to the existing height and cross section in full sections or lengths between joints. Concrete shall be as specified on the drawings. Unpaved areas shall be restored and graded to drain toward the roadway.
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This item shall also include referencing the existing pavement markings, markers and striping with control points for locations where the work will obliterate existing striping and reestablishing the striping, markers and markings after construction.
Pavement Delineation shall conform to the provisions of Section 84 ”Traffic Stripes and Pavement Markings” of the Standard Specifications and Section 214 “Traffic Striping, Curb and Pavement Markings and Pavement Markers” of the Greenbook. All traffic stripes and pavement markings shall be thermoplastic material containing 100 percent solids and shall be reflectorized. All pavement surfaces to receive pavement markings shall be cleaned of dirt and contaminants prior to application.
Payment Bid Item 14
The contract lump sum price paid for Site Restoration includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in performing site restoration, complete in place, recording the alignment and layout of existing striping, markings, and markers, and establishing the alignment and layout of permanent delineation, as shown on the plans, as specified in the Greenbook, the Standard Specifications, and these special provisions, and as directed by the Engineer.
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PART D - SECTION 1
CSI FORMATTED TECHNICAL SPECIFICATION SUPPLEMENT TO THE PROJECT SPECIFICATIONS DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 CITY OF EMERYVILLE Section 40 05 59
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01 56 26 – TEMPORARY FENCING
A. GENERAL
A.01 SUMMARY
A. The WORK specified in this section includes the requirements for erection, maintenance, and dismantling of temporary perimeter fencing around construction site areas.
A.02 SUBMITTALS
A. Submit shop drawings indicating layout of temporary fencing, location and size of gates, existing pavement and roads, and other site specific conditions. Prepare drawings after site observation and verification of existing conditions.
B. Submit type of visual barrier screening.
B. PRODUCTS
B.01 MATERIALS
A. Temporary perimeter fencing shall have a minimum height of 6 feet.
B. Posts:
1. Posts shall be galvanized steel pipe of diameter to provide rigidity.
2. Posts shall be suitable for setting in concrete footings.
C. Fabric:
1. Fabric: Galvanized steel.
2. Mesh Size: 2 inches.
3. Wire Size: 11 gage, 0.120-inch nominal diameter.
D. Gates – Provide personnel and vehicle gates required for functional access to site.
1. Fabricate of same materials used for fencing.
2. Capable of manual operation by one person.
3. Vehicle gates: Minimum width of 20 feet to allow access for construction vehicles.
4. Personnel Gates: Minimum width of 4 feet to allow access to adjacent fire hydrants and fire department connections to building sprinklers.
E. Visual Barrier – Medium or dark green woven fabric or painted plywood.
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F. Concrete in footings – Comply with requirements of Technical Specifications Section 03 30 00- CAST-IN-PLACE CONCRETE.
C. EXECUTION
C.01 CONSTRUCTION
A. Install the temporary fence with bored posts and concrete footings or approved alternative.
B. CONTRACTOR shall provide and maintain chain and pad-locks at all access locations.
CONTRACTOR shall provide ability for CITY to add separate pad-lock for access by CITY personnel, including Police and Fire Departments.
C.02 INSTALLATION
A. Verification of Conditions
1. Pull string line along top and bottom of full run of posts to verify alignment.
B. Installation of Posts
1. Space posts equally, maximum distance 10 feet on center.
2. Install corner posts at change in direction more than 20 degrees.
C. Installation of Fence Components
1. Install fence components not less than 14 days after pouring concrete post footings.
2. Install top rail, tension rods, and braces and bottom tension wire prior to fabric installation.
3. Install nuts for tension bands and hardware bolts on side of fence opposite fabric.
D. Installation of Fabric
1. Install fabric to security side of fence or on existing adjacent fencing and remove slack.
2. Install fabric with bottom edge 2 inches above grade and top edge 1 inch above top rail.
E. Installation of Gates
1. Install gate top rail aligned with fence top rail.
2. Align gate on same plane as fence.
3. Install gate latch 40 inches above finish grade.
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C.03 MAINTENANCE AND REMOVAL
A. Maintain fencing in good condition. If damaged, immediately repair.
B. Remove temporary fencing upon completion of Work or when no longer required for security or control. Repair damage caused by installation of temporary fencing.
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03 10 00 – CONCRETE FORMWORK
D. GENERAL
D.01 SUMMARY
A. Section Includes: Concrete formwork and shoring
B. Related Sections:
1. Technical Specification Section 03 20 00 – Concrete Reinforcing
2. Technical Specification Section 03 30 00 - Cast-in-place Concrete D.02 REFERENCE STANDARDS (Editions adopted by current governing California Building Code) A. ACI 117 - Standard Specifications for Tolerances for Concrete Construction and Materials.
B. ACI 301 - Specifications for Structural Concrete for Buildings; American Concrete Institute.
C. ACI 318 - Building Code Requirements for Structural Concrete and Commentary; American Concrete Institute.
D. ACI 347 - Guide to Formwork for Concrete; American Concrete Institute.
E. ASTM C31 - Standard Practice for Making and Curing Concrete Test Specimens in the Field.
F. ASTM C39 - Standard Test Method for Compressive Strength of Cylindrical Concrete Specimens.
G. ASTM D994 - Standard Specification for Preformed Expansion Joint Filler for Concrete (Bituminous Type).
H. ASTM D1751 - Standard Specification for Preformed Expansion Joint Filler for Concrete Paving and Structural Construction (Nonextruding and Resilient Bituminous Types).
D.03 SUBMITTALS
A. See Special Provisions Section 10 – Submittals.
B. Product Data: Provide data on formwork release agent or form liner proposed for use with each formed surface.
C. Formwork Facing Materials: Data on form-facing materials proposed for smooth-form finish if different from that specified in Part B.02.
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D. Construction and Contraction Joints: Location of construction and contraction joints proposed if different from those indicated in the Contract Documents.
E. Shop Drawings
1. All of the following shop drawings and calculations shall be prepared, stamped, and signed by a registered Civil or Structural Engineer of the State of California.
2. Formwork
a. Submit shop drawings for fabrication and erection of forms for portions of the concrete surfaces, as indicated below:
1) For formwork over 8' in height.
2) Show general construction of forms including size of members, bracing, jointing, special form joint or reveals, location and pattern of form tie placement, and other items that affect the structural integrity of formwork or exposed concrete visually.
3. Falsework and Shoring Shop Drawings: The Contractor shall submit shop drawings and calculations of any required falsework and shoring. Shop drawings and calculations shall be prepared in accordance with the requirements of the ACI 318 and State of California Department of Transportation Standard Specifications, Section 51-1.06A - Falsework Design and Drawings.
4. Reshoring and Backshoring Plans: When reshoring or backshoring is required or permitted, submit procedures and plans of operations, before use. Indicate on shop drawings the magnitude of construction loads permitted during reshoring or back-shoring.
F. Testing for Formwork Removal: Data on method for determining strength of concrete for removal of formwork when a method other than field-cured cylinders (ASTM C31 and ASTM C39) is proposed.
G. Formwork Removal Plans: Detail plans for formwork removal operations when removal of forms at concrete strengths lower than that specified in Part C.08 is proposed.
D.04 QUALITY ASSURANCE
A. Codes and Standards: Comply with the provisions of the following codes, specifications, and standards, except where more stringent requirements are shown or specified.
1. California Building Code, current governing edition
2. ACI 318
3. ACI 347
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E. PRODUCTS
E.01 FORMWORK - GENERAL
A. Maximum deflection of facing materials reflected on concrete surfaces exposed to public view shall be 1/240 of the span between structural members of the formwork.
B. Formed Construction and Contraction Joints
1. Locate and form construction joints that least impair strength of the structure and meet the requirements of Technical Specification Section 7 - Cast-in-Place Concrete.
2. Unless otherwise specified or permitted, locate and detail formed construction joints to the following requirements:
a. Locate construction joints within the middle third of the spans of slabs. b. Locate joints in walls and columns at the underside of slabs and at the tops of footings or slabs; and
c. Make joints perpendicular to the main reinforcement.
3. Provide keyways where indicated on Contract Documents. Unless otherwise specified, longitudinal keyways indicated on the Contract Documents, shall be a minimum of 1-1/2 in. deep in joints in walls and between walls and slabs or footings.
4. Provide construction and contraction joints where indicated on the Contract Documents. Submit for acceptance the location of construction and contraction joints differing from those indicated on the Contract Documents.
E.02 FORM MATERIALS
A. Form-facing materials: Materials for form faces in contact with concrete shall meet the requirements of "Concrete Finishing" Technical Specification Section 7 - Cast-in-Place Concrete and the following requirements unless otherwise specified in Contract Documents.
1. For smooth-form finish, use plywood, tempered concrete-form-grade hardboard, metal, plastic, paper, or other acceptable materials capable of producing the desired finish for form-facing materials. Form-facing materials shall produce a smooth, uniform texture on the concrete. Do not use form-facing materials with raised grain, torn surfaces, worn edges, dents, or other defects that will impair the texture of concrete surfaces. Facing materials shall be supported with studs or other backing capable of maintaining deflections within the tolerances specified in Part B.01.
E.03 FORMWORK ACCESSORIES
A. Use commercially manufactured accessories for formwork accessories that are partially or wholly embedded in concrete, including ties and hangers. Do not use nonDocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 CITY OF EMERYVILLE Section 40 05 59
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fabricated wire form ties. Where indicated in the Contract Documents, use form ties with integral water barrier plates in walls or other acceptable positive water barriers.
E.04 FORMWORK RELEASE AGENT
A. Use commercially manufactured formwork release agents that prevent formwork absorption of moisture, prevent bond with concrete, and do not stain the concrete surfaces.
E.05 EXPANSION JOINT FILLER
A. Pre-molded expansion joint filler shall conform to ASTM D994 or ASTM D1751.
E.06 FABRICATION AND MANUFACTURE
A. Formwork shall be tight to prevent loss of mortar from concrete.
B. Place 3/4 inch chamfer strips in the corners of formwork to produce beveled edges on permanently exposed surfaces unless otherwise specified. Do not bevel reentrant corners or edges of formed joints of concrete unless specified in the Contract Documents.
C. Inspect formwork and remove deleterious material immediately before concrete is placed. Provide temporary openings where needed at the base of column and wall formwork to facilitate cleaning and inspection.
D. Fabricate form ties so ends or end fasteners can be removed with minimum spalling at the faces of concrete.
F. EXECUTION
F.01 EARTH FORMS
A. Where sides of excavations have been cut neat and accurate to size for pouring of concrete directly against the excavation, forms for footings will not be required.
Remove loose soil prior to placing concrete.
F.02 CONSTRUCTION AND ERECTION OF FORMWORK
A. At construction joints, lap contact surface of the form sheathing for flush surfaces exposed to view over the hardened concrete in the previous placement. Ensure formwork is sealed against hardened concrete to prevent offsets or loss of mortar at construction joints and to maintain a true surface.
B. Provide positive means of adjustment (such as wedges or jacks) of shores and struts.
Do not make adjustments in the formwork after concrete has reached its time of initial setting. Brace formwork securely against lateral deflection and lateral instability.
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C. Fasten form wedges in place after final adjustment of forms and before concrete placement.
D. Anchor formwork to shores, supporting surfaces, or members to prevent upward or lateral movement of the formwork system during concrete placement. Form supports shall be placed on adequate foundations and have sufficient strength and bracing to prevent settlement or distortion from the weight of the concrete or other cause.
Support shall rest on double wedged shim, or other approved means, so that the forms will be maintained at the proper grade.
E. Construct formwork for wall openings to facilitate removal and to counteract swelling of wood formwork.
F. Provide runways for moving equipment and support runways directly on the formwork or structural member without resting on the reinforcing steel.
G. All formed joints on concrete surfaces to be exposed shall be taped and shall align so joints will not be apparent on the concrete surfaces.
H. Any movement or bellying of forms during construction shall be considered just cause for their removal and, in addition, the concrete work so affected.
I. Bolts, rods, or other approved devices shall be used for internal form ties and shall be of sufficient quantities to prevent spreading of the forms. The ties shall be placed at least 1 inch away from the finished surface of the concrete. Bolts and rods that are to be completely withdrawn shall be coated with grease.
J. Boards or other form materials that have been damaged or checked or warped prior to placing of concrete shall be removed from the forms and replaced with approved materials or otherwise corrected to the satisfaction of the engineer.
K. Assign a sufficient number of workers to keep watch on and maintain the forms during placing of concrete. Satisfactorily remedy any displacement or looseness of forms or reinforcement before placing of concrete. No form shall be moved or altered except as may be specifically directed.
L. Wall forms shall be set to account for movement of post-tensioned slabs that will occur due to long term shortening of slabs. The Engineer will establish the offsets at each level after the Contractor has submitted a detailed pour schedule.
F.03 APPLICATION - FORM RELEASE AGENT
A. Cover surfaces of formwork with an acceptable material that will prevent bond with the concrete. A field-applied formwork release agent or a factory-applied liner may be used. If a formwork release agent is used, apply to the surfaces of the formwork in accordance with the manufacturer's recommendations before placing reinforcing steel.
Do not allow formwork release agent to puddle in the forms. Do not allow formwork release agent to contact reinforcing steel or hardened concrete against which fresh concrete is to be placed.
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F.04 INSERTS, EMBEDDED PARTS, AND OPENINGS
A. Position and support expansion joint materials, waterstops, and other embedded items to prevent displacement. Fill voids in sleeves, inserts, and anchor slots temporarily with readily removable material to prevent entry of concrete into voids.
B. Place sleeves, inserts, anchors, and embedded items required for adjoining work or for support of adjoining work before concrete placement. Holes, notches, conduits, pipes, etc. are not allowed in concrete slabs, walls, members, etc. unless shown on the structural drawings or requested and specifically accepted by the Engineer.
F.05 FORM CLEANING
A. Clean surfaces of formwork and embedded materials of mortar, grout, and foreign materials before concrete is placed.
F.06 FORMWORK TOLERANCES
A. Unless otherwise specified in the Contract Documents, construct formwork so concrete surfaces conform to the tolerance limits of ACI 117. The class of surface shall conform to Part B.02.
B. To maintain specified tolerances, camber formwork to compensate for anticipated deflections in formwork during concrete placement. Set formwork and intermediate screed strips for slabs accurately to produce designated elevations and contours of the finished surface before removal of formwork. Ensure that edge forms and screed strips are strong enough to support vibrating screeds or roller pipe screeds when the finish specified requires the use of such equipment.
C. When formwork is cambered, set screeds to the same camber to maintain specified concrete thickness.
F.07 FIELD QUALITY CONTROL
A. The Contractor shall hire the Engineer responsible for the design of formwork over 12' in height, falsework or shoring to inspect the work as detailed on the reviewed shop drawings.
B. The Engineer responsible for design of formwork over 12' in height, falsework or shoring shall write a letter to the City Engineer certifying construction is in accordance with the reviewed shop drawings and meets his/her approval prior to the Contractor placing any concrete.
C. The Contractor shall verify accuracy of items, furnished under other sections of these specifications and installed under this section.
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F.08 FORM REMOVAL
A. Remove top forms on sloping surfaces of concrete as soon as removal will not allow concrete to sag. Perform needed repairs or treatment required at once and follow immediately with specified curing.
B. Do not damage concrete during removal of formwork for foundation slabs, curbs, walls and other parts not supporting the weight of the concrete. Perform needed repair and treatment required on vertical surfaces at once and follow immediately with specified curing.
C. Leave formwork and shoring in place to support the weight of concrete in beams and joists for at least 14 days and 21 days for beams with over 20 ft clear span and in slabs for at least 10 days after the last concrete and until concrete has attained 3000 psi minimum per Part C.08E and the Engineer responsible for design of shoring and falsework has approved removal.
D. Vertical forms shall remain on walls for at least seven 7 days after the last concrete and until concrete has attained 3000 psi minimum and the Engineer responsible for design of the formwork has approved removal.
E. Contractor shall request to have field cured compression test specimen taken where it is planned to remove formwork and shoring sooner than indicated above and submit detailed plans for review and acceptance. Mold cylinders in accordance with ASTM C31, and cure them under the same conditions for moisture and temperature as used for the concrete they represent. Test cylinders in accordance with ASTM C39.
F. In removing plywood forms, no metal pinch bars shall be used and special care to be taken in stripping. Start at top edge or vertical corner where it is possible to insert wooden wedges. Wedging shall be done gradually and shall be accompanied by light tapping of the plywood panels to crack them loose. Do not remove forms with a single jerk after it has been started at one end.
G. Nothing herein shall be construed as relieving the contractor of any responsibility of the safety of the structure.
031500 – CONCRETE ACCESSORIES
G. GENERAL
G.01 SUMMARY
A. Section Includes:
1. Preformed expansion joint material
2. Epoxy anchoring system
3. Rubber waterstops
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G.02 REFERENCES
A. American Society for Testing and Materials (ASTM):
1. C 203 - Test Methods for Breaking Load and Flexural Properties of Block-Type Thermal Insulation.
2. D 570 - Test Method for Water Absorption of Plastics.
3. D 624 - Test Method for Tear Strength of Conventional Vulcanized Rubber and Thermoplastic Elastomers.
4. D 638 - Test Method for Tensile Properties of Plastics.
5. D 746 - Test Method for Brittleness Temperature of Plastics and Elastomers by Impact.
6. D 747 - Test Method for Apparent Bending Modulus of Plastics by Means of a Cantilever Beam.
7. D 792 - Test Methods for Density and Specific Gravity (Relative Density) of Plastics by Displacement.
8. D 2240 - Test Method for Rubber Property – Durometer Hardness.
B. U. S. Army Corps of Engineers (USACE):
1. CRD-C-572, Specification for Polyvinylchloride Waterstop.
2. COE CRD-C513 - COE Specifications for Rubber Waterstops; Corps of Engineers.
G.03 SUBMITTALS
A. Product Data:
1. Preformed Expansion Joint Material: Submit sufficient information on each type of material for review to determine conformance of material to requirements specified.
2. Epoxies
3. Adhesive Anchoring Systems
4. Waterstops
B. Quality Control Submittals:
1. Manufacturer's Instructions: Submit instructions for materials specified in this Section that are specified to be installed with such instructions.
H. PRODUCTS
H.01 MATERIALS
A. Expanded Polystyrene Joint Filler:
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1. Type: Commercially available polystyrene board, having following minimum characteristics:
a. Flexural Strength, Minimum: 35 pounds per square inch in accordance with ASTM C 203.
b. Compressive Yield Strength: Between 16 and 40 pounds per square inch, at 5 percent compression.
B. Waterstops: Rubber, complying with COE CRD-C513.
1. Acceptable products subjected to compliance with requirements:
a. The Burke Company.
b. Progress Unlimited.
c. Williams Products.
d. Edoco Technical Products
H.02 PREFORMED EXPANSION JOINT MATERIAL
A. Material: Synthetic sponge rubber or bituminous fiber types.
B. Use specific type in applications as indicated on the Drawings.
C. Sponge Rubber Type:
1. Manufacturers: One of the following or equal:
a. WR Meadows, Neoprene Sponge Rubber Expansion Joint.
D. Bituminous Fiber Type:
1. Manufacturers: One of the following or equal:
a. Tammstech, Inc., Hornboard/fiber.
b. WR Meadows, Fiber Expansion Joint.
H.03 EPOXY ANCHORING SYSTEMS
A. Where indicated on the details, a non-mechanical anchoring system shall be used to embed bar reinforcing and steel bolts within cured concrete. Adhesive shall be Hilti HY150, Simpson ET or approved equal. Installation of all anchor and adhesive including drilling and cleaning of holes shall be in accordance with the current ICC Report.
Adhesives shall be used only in applications permitted by the ICC Report.
I. EXECUTION
I.01 INSTALLATION
A. Joints:
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1. Construct expansion, contraction, and construction joints as indicated on the Drawings.
2. Preformed Expansion Joint Material: Fasten expansion joint strips to concrete, masonry, or forms with adhesive. No nailing will be permitted, nor shall expansion joint strips be placed without fastening.
B. Expanded Polystyrene Joint Filler:
1. When filler is indicated on the Drawings or specified, place filler in correct position before concrete is placed against filler.
2. Fill holes and joints in filler with caulking to prevent entry of mortar into joint or passage of mortar or concrete from one side of joint to other.
C. Where waterstop is indicated on the Drawings, place per manufacturer’s instructions. 032000 – CONCRETE REINFORCEMENT
J. GENERAL
J.01 SUMMARY
A. Section Includes:
1. Reinforcing steel for concrete
2. Supports and accessories for steel reinforcement
B. Related Requirements
1. Technical Specification Section 03 10 00 – Concrete Formwork
2. Technical Specification Section 03 30 00- Cast-in-Place Concrete
3. Technical Specification Section 03 15 00 - Concrete Accessories J.02 REFERENCE STANDARDS (Editions adopted by current governing California Building Code) A. American Concrete Institute (ACI)
1. 117 - Standard Specifications for Tolerances for Concrete Construction and Materials; American Concrete Institute International.
2. 301 - Specifications for Structural Concrete for Buildings; American Concrete Institute International.
3. 318 - Building Code Requirements for Structural Concrete and Commentary; American Concrete Institute International.
4. SP-66 - ACI Detailing Manual; American Concrete Institute International.
B. American Society for Testing and Materials (ASTM)
1. A82 - Standard Specification for Steel Wire, Plain, for Concrete Reinforcement.
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2. A185 - Standard Specification for Steel Welded Wire Reinforcement, Plain, for Concrete.
3. A615 - Standard Specification for Deformed and Plain Billet-Steel Bars for Concrete Reinforcement.
4. 706 - Standard Specification for Low-Alloy Steel Deformed and Plain Bars for Concrete Reinforcement.
5. E329 - Standard Specification for Agencies Engaged in Construction Inspection and/or Testing.
C. American Welding Society (AWS) D1.4 - Structural Welding Code - Reinforcing Steel; American Welding Society.
D. CRSI (DA4) - Manual of Standard Practice; Concrete Reinforcing Steel Institute.
J.03 SYSTEM DESCRIPTION
A. The Drawings contain general notes concerning amount of reinforcement and placing, details of reinforcement at wall corners and intersections, and details of extra reinforcement around openings in concrete.
J.04 SUBMITTALS
A. See Special Provisions Section 10 – Submittals.
B. Shop Drawings (Placing drawings)
1. Comply with requirements of ACI SP-66. Shop drawings shall also show details for congested areas and connections. Shop drawings used in field must be reviewed copies.
C. Product Data
1. Manufacturer's catalog sheets including instructions for use and description of application and ICC/IAPMO evaluation report shall be provided on each of the following items intended for use on project:
a. Mechanical anchorage devices for splices.
D. Mill Certificates
1. The Contractor shall provide Mill Certificates for each size of bar for each heat to be used on project and certify that reinforcing steel supplied for this project meet or exceed specified requirements.
2. Mill Certificates shall include name of mill, date of rolling, date of shipping to fabricator and shall be signed by fabricator certifying that each material complies with or exceeds the specified requirements. A Mill Certificate shall be furnished with each lot of material delivered to the project and the lot shall be clearly identified in the Certificate.
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3. When Mill Certificates cannot be provided, the Contractor shall hire a professional testing laboratory to verify compliance and provide laboratory test reports. The Contractor shall pay for the cost of testing.
E. Laboratory Test Reports
1. Laboratory test reports shall be signed by a principal of the testing agency who is a registered Civil Engineer in the State of California.
2. When required by other portions of these specifications, laboratory test reports shall be submitted for each size of bar tested for each heat to show compliance with appropriate ASTM Standards and these specifications.
F. Welder's Certificates and WPS: Submit description of reinforcement weld locations, welding procedures, and welder certification when welding is permitted.
G. Contractor shall have the treatment device manufacturer review and certify the rebar shop drawings submittal prior to construction.
J.05 QUALITY ASSURANCE
A. It is the responsibility of the Contractor to ensure reinforcement bar design and layout has been coordinated with the stormwater treatment device internals and device anchoring locations. No cutting of rebar will be allowed to accommodate treatment device anchors.
B. Perform work of this section in accordance with the current governing edition of CBC, ACI 301, ACI SP-66, ACI 318, and AWS D1.4 except as modified by the contract documents.
C. Sampling and Testing:
1. General
a. If the CITY, through oversight or otherwise, has accepted material or work which is defective or contrary to specifications, this material or work, regardless of state of completion, may be rejected.
b. Testing agencies shall meet the requirements of ASTM E329. Testing agencies shall be accepted by the Engineer before performing any work.
2. Testing responsibilities of Contractor:
a. Submit data on qualifications of proposed testing agency for acceptance.
Use of testing services will not relieve the Contractor of the responsibility to furnish materials and construction in compliance with the Contract Documents.
b. Cooperate with and notify CITY at least 24 hours in advance of inspections required and shall provide samples, test pieces, and facilities for inspection at no cost to the CITY.
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c. Identify each lot of fabricated reinforcing steel to be shipped to the site by assigning an individual lot number that identifies steel by heat number and shall be tagged in such a manner that each such lot can be accurately identified at the job site.
d. Remove all unidentified reinforcing steel, anchorage assemblies and bar couplers received at the site
J.06 DELIVERY, STORAGE, AND HANDLING
A. Packing and Shipping:
1. Deliver bars bundled and tagged with identifying tags.
B. Acceptance at Site:
1. Reinforcing Bars: Deliver reinforcing bars lacking grade identification marks accompanied by manufacturer's guarantee of grade.
J.07 SEQUENCING AND SCHEDULING
A. Coordinate work with all trades so as not to interfere with the work of other trades.
Bring interferences between trades to Engineer's attention and resolve before any concrete is placed.
K. PRODUCTS
K.01 MATERIALS
A. Reinforcement:
1. General: Provide reinforcing steel that is new material, of quality specified, free from excessive rust or scale or any defects affecting its usefulness.
B. Reinforcing Bars:
1. Bars for reinforcement shall conform to the requirements of ASTM A706.
2. Reinforcing Bars to Be Embedded in Concrete: Grade 60 deformed bars conforming to ASTM A 615 except as specified in the next subparagraph.
3. Reinforcement resisting earthquake-induced flexural and axial forces in concrete frame members and in concrete wall boundary members shall comply with low alloy ASTM A 706. ASTM A 615 Grade 60 reinforcement may be used in these members if the following requirements are met:
a. The actual yield strength based on mill tests does not exceed the specified yield strength by more than 18,000 pounds per square inch (retests shall not exceed this value by more than an additional 3,000 pounds per square inch). b. The ratio of the actual ultimate tensile stress to the actual tensile yield strength is not less than 1.25.
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4. Thread Bars:
a. Provide thread bars having continuous rolled-in pattern of thread-like deformations along entire length.
b. Provide hex nuts and couplers for the thread bars that develop 125 percent of yield strength of bar.
c. Thread Bars:
1) Conform to ASTM A 615 Grade 60.
2) Manufacturers: One of the following or equal:
a) DYWIDAG Systems International, DYWIDAG Threadbar.
d. Do not substitute cut threads on regular reinforcing bars for thread bars.
C. Bar Supports:
1. Reinforcement Support Chairs:
a. Hot-dip galvanized steel. Provide hot-dip galvanized steel with plastic tips at surfaces which will be exposed to view. Use unless otherwise indicated on the Drawings.
b. Stainless Steel where indicated on the Drawings.
D. Tie Wires: Annealed steel.
1. All wire for concrete reinforcement shall conform to ASTM A82 E. Welded Wire Fabric Reinforcement:
1. NOT USED
F. Welding electrodes shall be per Table 5-1 of AWS D1.4.
K.02 MECHANICAL COUPLING DEVICES
A. Mechanical coupling devices shall develop 125 percent of the minimum yield strength of the bars spliced.
K.03 REINFORCEMENT ACCESSORIES
A. Chairs, Bolsters, Bar Supports, Spacers: Sized and shaped for adequate support of reinforcement during concrete placement. Reinforcement supports shall conform to the requirements of ACI 301.
K.04 OTHER MATERIALS
A. All other materials, not specifically described by these specifications but required for complete and proper placement of reinforcement shall be new, first quality of their respective kinds, and subject to the approval of the Engineer DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 CITY OF EMERYVILLE Section 40 05 59
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K.05 FABRICATION
A. Shop Assembly:
1. Cut and bend bars in accordance with provisions of ACI 315 and ACI 318.
2. Bend bars cold.
3. Provide bars free from defects and kinks and from bends not indicated on the Drawings.
B. Welding of reinforcement is permitted only with the specific approval of Engineer.
Perform welding in accordance with AWS D1.4. Do not weld crossing bars (tack welds) for assembly of reinforcement, supports, or embedded items. After completing welds on galvanized or epoxy-coated reinforcement, repair coating damage.
L. EXECUTION
L.01 EXISTING CONDITIONS
A. Prior to all work of the section, carefully inspect the installed work of other trades and verify that all work is sufficiently complete to permit the start of work under this section and that the completed work of this section will be in complete accordance with the original design and the reviewed shop drawings. In the event of discrepancy, immediately notify the Engineer in writing.
B. In the event conduits, pipes, inserts, sleeves, or any other items interfere with placing the reinforcement as indicated on the drawings or approved shop drawings, or as otherwise required, immediately notify the Engineer and obtain approval on procedure before placement of reinforcement is started.
L.02 BENDING
A. Bends for reinforcing steel shall be made in accordance with ACI 301 and ACI 318.
Bend bar sizes No. 3 through 5 cold only one time, provided reinforcing bar temperature is above 32 degree F. Do not field bend reinforcing steel in a manner that will injure material, cause the bars to be bent on too tight a radius, or that is not indicated as allowed on drawings or permitted by Engineer. Do not straighten bent or kinked bars for use on project without permission of Engineer. Replace bars with kinks or bends not shown on the drawings.
L.03 PLACING
A. All reinforcement shall be placed in strict conformance with the requirements of the Contract Drawings, both as to location, position and spacing of members. It shall be supported and secured against displacement by the use of adequate and proper wire supporting and spacing devices, tie wires, etc. so that it will remain in its proper position in the finished structure. Reinforcement may not be wet set in concrete pours.
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B. Tolerances: Do not exceed the placing tolerances specified in ACI 318 and ACI 117, whichever is more stringent, before concrete is placed. Placing tolerances shall not reduce cover requirements except as specified in ACI 117.
C. Minimum concrete cover for reinforcement and couplers shall be as indicated in the Contract Drawings. Concrete cover is measured from the theoretical excavation line, not the line of any over excavation. Where less than 3 inches cover is noted and concrete will be placed against soil, increase the section thickness to attain 3 inches cover.
D. Preserve clear space between parallel bars of not less than 1-1/2 times the nominal diameter of round bars and in no case let the clear distance be less than 1-1/2 inches nor less than 1-1/3 times the maximum size of aggregate for concrete.
E. For slabs on ground, extend welded wire reinforcement to within 2 in. of the concrete edge. Reinforcement shall be lapped and tied around the perimeter of each sheet in order to maintain the proper positioning of the reinforcement. Lap splices shall have a minimum of two ties per spliced length. Do not place welded wire reinforcement on grade and subsequently raise into position in concrete.
F. Furnish and use templates for placement of column dowels unless otherwise permitted by engineer.
G. Lap splices shall be contact lap splices in accordance with ACI 318 unless noted otherwise on the Contract Drawings. Bars shall be wired together at laps. Wherever possible, stagger splices in adjacent bars. Splice bars in members such as spandrels, beams, etc, as follows: Top bars at centerline of span, bottom bars at the support.
Make all splices in welded wire reinforcement at least 1-1/2 meshes wide or 12 inches, whichever is greater. When splicing in areas to receive shotcrete, lap splices shall be non-contact with at least 2 inches clearance between bars.
H. Butt splices shall be accomplished by mechanical anchorage devices. Stagger these devices 2 feet, unless noted otherwise on the Contract Documents.
I. Bars shall not be cut by gas torch.
L.04 CLEANING REINFORCEMENT
A. Take all means necessary to ensure that steel reinforcement, at the time concrete is placed around it, is completely free from rust, soil, loose mill scale, oil, paint and all coatings which will destroy or reduce the bond between steel and concrete.
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033000 – CAST-IN-PLACE CONCRETE
M. GENERAL
M.01 SUMMARY
A. Section Includes: Cast-in-place Concrete for diversion structure, stormwater treatment device, fence posts, sign posts, curb and gutter and sidewalks.
B. Related Sections:
1. Technical Specification Section 03 10 00 – Concrete Formwork
2. Technical Specification Section 03 15 00 - Concrete Accessories
3. Technical Specification Section 03 20 00 – Concrete Reinforcing
4. Technical Specification Section 08 31 00 – Access Hatches
5. Technical Specification Section 31 00 00 - Earthwork M.02 REFERENCES
A. American Concrete Institute (ACI):
1. 318 - Building Code Requirements for Structural Concrete.
2. ACI 117 Standard Specifications for Tolerances for Concrete Construction and Materials; American Concrete Institute International
3. ACI 211.1 – Standard Practice for Selecting Proportions for Normal, Heavyweight and Mass Concrete; American Concrete Institute International
4. ACI 308R – Guide to Curing Concrete; American Concrete Institute International.
B. American Society for Testing and Materials (ASTM):
1. C 31 - Practice for Making and Curing Concrete Test Specimens in the Field.
2. C 33 - Specification for Concrete Aggregates.
3. C 39 - Test Method for Compressive Strength of Cylindrical Concrete Specimens.
4. C 40 - Test Method for Organic Impurities in Fine Aggregates for Concrete.
5. C 42 - Method of Obtaining and Testing Drilled Cores and Sawed Beams of Concrete.
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6. C 88 - Test Method of Soundness of Aggregates by Use of Sodium Sulfate or Magnesium Sulfate.
7. C 94 - Specification for Ready-Mixed Concrete.
8. C 114 - Test Methods for Chemical Analysis of Hydraulic Cement.
9. C 131 - Test Method for Resistance to Degradation of Small-Size Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine.
10. C 136 - Test Method for Sieve Analysis of Fine and Coarse Aggregates.
11. C 143 - Test Method for Slump of Hydraulic Cement Concrete.
12. C 150 - Specification for Portland Cement.
13. C 157 - Test Method for Length Change of Hardened Hydraulic-Cement Mortar and Concrete.
14. C 171 – Sheet Materials for Curing Concrete
15. C 172 - Practice for Sampling Freshly Mixed Concrete.
16. C 173 - Test Method for Air Content of Freshly Mixed Concrete by the Volumetric Method.
17. C 203 - Test Methods for Breaking Load and Flexural Properties of Block-Type Thermal Insulation.
18. C 227 - Test Method for Potential Alkali Reactivity of Cement-Aggregate Combinations (Mortar-Bar Method).
19. C 260 - Specification for Air-Entraining Admixtures for Concrete.
20. C 289 - Test Method for Potential Alkali-Silica Reactivity of Aggregates (Chemical Method).
21. C 309 - Specification for Liquid Membrane-Forming Compounds for Curing Concrete.
22. C 311 - Test Methods for Sampling and Testing Fly Ash or Natural Pozzolans for Use as a Mineral Admixture in Portland-Cement Concrete.
23. C 469 - Test Method for Static Modulus of Elasticity and Poisson's Ratio of Concrete in Compression.
24. C 494 - Specification for Chemical Admixtures for Concrete.
25. C 595 - Specification for Blended Hydraulic Cements.
26. C 618 - Specification for Coal Fly Ash and Raw or Calcined Natural Pozzolan for Use as a Mineral Admixture in Portland-Cement Concrete.
27. D 75 - Practices for Sampling Aggregates.
28. D 1751 - Preformed Expansion Joint Fillers for Concrete Paving and Structural Construction (Nonextruding and Resilient Bituminous Types) DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 CITY OF EMERYVILLE Section 40 05 59
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M.03 DEFINITIONS
A. Alkali: Is defined to mean sum of sodium oxide and potassium oxide calculated as sodium oxide.
B. Hairline Crack: Crack with a crack width of less than 4 thousandths of an inch.
M.04 SYSTEM DESCRIPTION
A. Performance Requirements:
1. General:
a. Contractor shall not begin construction of cast-in-place concrete vault structure until shop drawings and product submittals of the treatment device internals and post installed anchor locations have been approved per Technical Specification Section 20 – Stormwater Treatment Device. b. Except as otherwise specified, provide concrete composed of Portland Cement, fine aggregate, coarse aggregate, and water so proportioned and mixed as to produce plastic, workable mixture in accordance with requirements as specified in this Section and suitable to specific conditions of placement.
c. Proportion materials in manner such as to secure lowest water-cement ratio which is consistent with good workability, plastic, cohesive mixture, and one which is within specified slump range.
d. Proportion fine and coarse aggregate in manner such as not to produce harshness in placing nor honeycombing in structures.
2. Watertightness of Concrete Work: It is intent of this Section to secure for every part of the Work concrete and grout of homogeneous structure, which when hardened will have required strength, watertightness, and durability. a. It is recognized that some surface hairline cracks and crazing will develop in the concrete surfaces.
b. Construction, contraction, and expansion joints have been positioned in structures as indicated on the Drawings, and curing methods specified, for purpose of reducing number and size of these expected cracks, due to normal expansion and contraction expected from specified concrete mixes.
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c. Class A and Class B Concrete: Watertight: Repair cracks which develop in walls or slabs and repair cracks which show any signs of leakage until all leakage is stopped.
d. Pressure inject visible cracks, other than hairline cracks and crazing, in following areas with epoxy as specified in Section 11 - Epoxies. 1) Floors and walls of water bearing structures.
2) Walls and overhead slabs of passageways or occupied spaces, outsides of which are exposed to weather or may be washed down and are not specified to receive separate waterproof membrane.
3) Other Items Not Specified to Receive Separate Waterproof Membrane:
Slabs over water channels, wet wells, reservoirs, and other similar surfaces.
e. Walls or slabs, as specified above, that leak or sweat because of porosity or cracks too small for successful pressure grouting: Seal on water or weather side by coatings of surface sealant system, as specified in this Section. f. Grouting and Sealing: Continue as specified above until structure is watertight and remains watertight for not less than one year after final acceptance or date of final repair, whichever occurs later in time.
3. Workmanship and Methods: Provide concrete work, including detailing of reinforcing, conforming with best standard practices and as set forth in ACI 318, Manuals, and Recommended Practices.
M.05 SUBMITTALS
A. Product Data
1. Manufacturer’s catalog sheets including instructions for use and description of application shall be provided on each of the following materials:
a. Epoxies
b. Grout
c. Admixtures
d. Curing Compounds
e. Chemical Hardener
f. Waterstops
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g. Vapor Retarder/Barrier
h. Adhesive Anchoring System
B. Information on Heating Equipment to Be Used for Cold Weather Concreting: Submit information on type of equipment to be used for heating materials and/or new concrete in process of curing during excessively cold weather.
C. For conditions that promote rapid drying of freshly placed concrete such as low Humidity, high temperature, and wind: Submit corrective measures proposed for use prior to placing concrete.
D. Copies of Tests of Concrete Aggregates: Submit certified copies in triplicate of commercial laboratory tests of all samples of concrete aggregates.
1. Fine Aggregate:
a. Clay lumps.
b. Reactivity.
c. Shale and chert.
d. Soundness.
e. Color.
f. Decantation.
2. Coarse Aggregate:
a. Clay lumps and friable particles.
b. Reactivity.
c. Shale and chert.
d. Soundness.
e. Abrasion loss.
f. Coal and lignite.
g. Materials finer than 200 sieve.
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E. Contractor shall have the treatment device manufacturer review and certify the castin-place concrete structure submittal prior to construction.
F. Sieve Analysis: Submit sieve analyses of fine and coarse aggregates being used in triplicate at least every 3 weeks and at any time there is significant change in grading of materials.
G. Mix Designs: Shall be submitted for each class of concrete on the job and shall show names and brands of all materials, proportions, slump, strength, gradation of coarse and fine aggregates, and location to be used on the job. Field test records or test data that is used to establish the average compressive strength of the mixture shall be submitted.
H. Change in Aggregate Source, or Aggregate Quality from Same Source: Submit new set of design mixes covering each class of concrete.
I. Test Batch Test Data:
1. Submit data for each test cylinder.
2. Submit data that identifies mix and slump for each test cylinder.
J. Sequence of Concrete Placing: Submit proposed sequence of placing concrete showing proposed beginning and ending of individual placements.
K. Certificates of Compliance:
1. The Contractor shall provide Certificate of Compliance for each type of aggregate, cementitious material and admixture to be used in each class of concrete of a Certificate of Compliance for each class of concrete.
2. Certificates of Compliance for cementitious materials shall include type, manufacturing location, shipping location; for aggregates: type, pit or quarry location, producers' name, grading, specific gravities and certification evidence not more than 90 days old; for admixtures: type, brand name, producer, manufacturer's technical data sheet, and certification data; and for water: source of supply that are used in each class of concrete and shall be signed by the concrete supplier certifying that each material item complies with, or exceeds the specified requirements. Certificates of Compliance shall be furnished 60 days in advance of any concrete pours.
3. When Certificates of Compliance cannot be provided, the Contractor shall hire a professional testing laboratory to verify compliance of each type of material to be DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 CITY OF EMERYVILLE Section 40 05 59
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used in each Class of Concrete. The cost of testing shall be paid for by the Contractor.
L. Curing Compound Other than Specified Compound: Submit complete data on proposed compound.
M. Repair of Defective Concrete: Submit mix design for grout.
N. Acceptance of Method of Concrete Repair: Make no repair until the ENGINEER has accepted method of preparing surfaces and proposed method of repair.
O. If Either Fine or Coarse Aggregate Is Batched from More than One Bin: Submit analyses for each bin, and composite analysis made up from these, using proportions of materials to be used in mix.
P. Cement Mill Tests: Include alkali content, representative of each shipment of cement for verification of compliance with specified requirements.
Q. Pozzolan Certificate of Compliance: Identify source of pozzolan and certify compliance with requirements of ASTM C 618.
R. Information on mixing equipment.
S. Drying shrinkage test data.
M.06 DELIVERY, STORAGE, AND HANDLING
A. Packing and Shipping:
1. Deliver, store, and handle concrete materials in manner as to prevent damage and inclusion of foreign substances.
2. Deliver and store packaged materials in original containers until ready for use.
3. Deliver aggregate to mixing site and handle in such manner that variations in moisture content will not interfere with steady production of concrete of specified degree of uniformity and slump.
B. Acceptance at Site: Reject material containers or materials showing evidence of water or other damage.
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M.07 PROJECT CONDITIONS
A. Environmental Requirements:
1. Hot Weather Concreting:
a. When Ambient Air Temperature Is above 90 Degrees Fahrenheit: Prior to placing concrete, cool forms and reinforcing steel by water cooling to below 90 degrees Fahrenheit.
b. Temperature of Concrete Mix at Time of Placement: Keep temperature below 90 degrees Fahrenheit by methods which do not impair quality of concrete.
2. Cold Weather Concreting:
a. Concrete placed below ambient air temperature of 45 degrees Fahrenheit and falling or below 40 degrees Fahrenheit: Make provision for heating water.
b. If materials have been exposed to freezing temperatures to degree that any material is below 35 degrees Fahrenheit: Heat such materials. c. Heating Water, Cement, or Aggregate Materials:
1) Do not heat in excess of 160 degrees Fahrenheit.
d. Protection of Concrete in Forms:
1) Protect by means of covering with tarpaulins, or other acceptable covering.
2) Provide means for circulating warm moist air around forms in manner to maintain temperature of 50 degrees Fahrenheit for at least 5 days.
3. For conditions that promote rapid drying of freshly placed concrete such as low humidity, high temperature, and wind: Take corrective measures to minimize rapid water loss from concrete.
a. Furnish and use sufficient number of maximum and minimum self-recording thermometers to adequately measure temperature around concrete.
M.08 SEQUENCING AND SCHEDULING
A. Schedule placing of concrete in such manner as to complete any single placing operation to construction, contraction, or expansion joint.
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B. Obtain information and instructions from other trades and suppliers in ample time to schedule and coordinate the installation of items furnished by them to be embedded in concrete so provision for their work can be made without delaying the project.
C. Perform any coring and infill of cored holes that were required by failed test results from test panels, failure or delay in complying with these requirements, at no cost to Owner.
N. PRODUCTS
N.01 MATERIALS
A. Aggregate:
1. General:
a. Provide concrete aggregates that are sound, uniformly graded, and free of deleterious material in excess of allowable amounts specified. b. Grade aggregate in accordance with ASTM D 75 and C 136. c. Provide unit weight of fine and coarse aggregate which produces in place concrete with weight of not less than 140 pounds per cubic foot. d. Aggregates for hardrock concrete shall conform to ASTM C33. e. Aggregates used for entire project shall be obtained from the same sources and have the same size ranges as the aggregates used in the concrete represented by submitted historical data or used in trial mixtures.
B. Fine Aggregate:
1. Provide fine aggregate for concrete or mortar consisting of clean, natural sand or of sand prepared from crushed stone or crushed gravel.
2. Do not provide aggregate having deleterious substances in excess of following percentages by weight of contaminating substances. In no case shall total exceed percent listed.
Item Test Method Percent
Removed by decantation (dirt, silt, etc.) ASTM C 117 3
Shale or Chert ASTM C 295 1
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Clay Lumps ASTM C 142 1
3. Except as otherwise specified, grade fine aggregate from coarse to fine in accordance with requirements of ASTM C 33.
C. Coarse Aggregate:
1. General: Provide coarse aggregate consisting of gravel or crushed stone made up of clean, hard, durable particles free from calcareous coatings, organic matter, or other foreign substances.
2. Weight: Not exceeding 15 percent, for thin or elongated pieces having length greater than 5 times average thickness.
3. Deleterious Substances: Not in excess of following percentages by weight, and in no case having total of all deleterious substances exceeding 2 percent.
Item Test Method Percent
Shale or chert ASTM C 295 1
Coal and lignite ASTM C 123 1/4
Clay lumps and friable
particles
ASTM C 142 1/4
Materials finer than
Number 200 sieve
ASTM C 117 1/2*
* Except when material finer than Number 200 sieve consists of crusher dust, maximum amount shall be 1 percent.
4. Grading:
a. Aggregate: As specified in ASTM C 33, Size Number 57, except as otherwise specified or authorized in writing by the ENGINEER.
b. Aggregate for Class CE Concrete for Encasement of Electrical Conduits:
1) Graded as specified in ASTM C 33, Size Number 8.
2) Provide concrete utilizing this aggregate equal to Class C concrete in all other respects, and is designated as Class CE.
D. Portland Cement:
1. General: Conform to specifications and tests for ASTM C 150, Types II or III, Low Alkali, except as specified otherwise.
2. Low Alkali Portland: Have total alkali containing not more than 0.60 percent.
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3. Exposed Concrete in Any Individual Structure: Use only one brand of portland cement.
4. Cement for Finishes: Provide cement from same source and of same type as concrete to be finished.
E. Admixtures:
1. General:
a. Do not use admixtures of any type, except as specified, unless written authorization has been obtained from the ENGINEER.
b. Compatible with concrete and other admixtures.
c. Do not use chemicals that contain calcium chloride or will result in total soluble chloride ions in hardened concrete at ages from 28 to 42 days contributed from water, aggregates, cementitious materials, and admixtures in excess of 0.30 percent by weight of cement for reinforced concrete.
Measure water-soluble chloride-ion content in accordance with ASTM C1218.
d. Use in accordance with manufacturer's recommendations and add each admixture to concrete mix separately.
2. Air Entraining Admixture:
a. Provide all concrete with 5 percent, plus or minus 1 percent, entrained air of evenly dispersed air bubbles at time of placement.
b. Conform to ASTM C 260.
3. Pozzolan Admixture:
a. Fly Ash Pozzolan:
1) Conforming to requirements of ASTM C 618, Class F, may be used as admixture in concrete made with Type II portland cement. 2) Pozzolan may replace portland cement at ratio of 1.0 pound fly ash for each pound of portland cement replaced.
3) Maximum of 15 percent by weight of minimum quantities of portland cement listed in Table A under paragraph B.03E may be replaced with fly ash pozzolan.
4) Do not use pozzolan as an admixture in concrete made with portlandpozzolan cement.
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5) Loss on Ignition for Pozzolan: Not exceed four percent. b. Ground granulated blast-furnace slag, grades 100 or 120, complying with ASTM C989 may substitute for portland cement up to a maximum of 25% of the total cementitious material by weight.
c. Substitutions that combine fly ash and ground granulated blast-furnace slag are limited to a combined total of 30% of the total cementitious material by weight with fly ash no more than 15% of the total.
4. Water Reducing Admixture:
a. May be used at the CONTRACTOR's option.
b. Conform to ASTM C 494, Type A or Type D.
c. Not contain air entraining agents.
d. Liquid form before adding to the concrete mix.
e. No decrease in cement is permitted as result of use of water reducing admixture.
5. Superplasticizers: Are not to be used without acceptance by ENGINEER.
F. Water:
1. Water for Concrete, Washing Aggregate, and Curing Concrete: Clean and free from oil and deleterious amounts of alkali, acid, organic matter, or other substances.
2. Chlorides and Sulfate Ions:
a. Water for Conventional Reinforced Concrete: Use water not containing more than 1,000 milligrams per liter of chlorides calculated as chloride ion, nor more than 1,000 milligrams per liter of sulfates calculated as sulfate ion.
G. Keyway Material: Steel, plastic, or lumber.
H. Sprayed Membrane Curing Compound: Clear type with fugitive dye conforming to ASTM C 309, Type 1D.
I. Surface Sealant System: Manufacturers: One of the following or equal:
1. Radcon Laboratories, Inc., Las Vegas, Nevada, Formula Number 7.
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2. IPA Systems, Philadelphia, Pennsylvania, Duripal.
J. ACCESSORY MATERIALS
1. Non-Shrink Grout:
a. ASTM C1107 Grade B or C, pre-mixed, high strength, Metallic or non-metallic flowable grout, which does not shrink as it cures. Water-soluble chloride ion content of grout less than 0.06 percent chloride ion by weight of cement when tested in accordance with ATM C1218.
1) Minimum Compressive Strength at 7 Days: 5000 psi.
2) Subject to compliance with requirements provide one of the following:
a) Metallic: (Engineer note: Should not be used where possible staining would be undesirable)
b) Non-metallic
2. Expansive Grout:
a. Expansive grout shall be composed of cement, sand, water and intraplast-N expanding grouting aid (manufactured by Sika). Expansive grout shall be proportioned and installed in accordance with intraplast-N recommendations and shall develop a minimum compressive strength of 3000 psi in 28 days.
b. Post-Installed Anchoring Systems:
1) Adhesive anchoring system
a) Adhesive anchoring system shall be SIMPSON SET XP (ESR-2508) or approved equal with a current ICC/IAPMO evaluation report for concrete structural elements.. Adhesive anchoring system shall be SIMPSON SET XP (ESR-2508) for masonry.
2) Inserts
a) HILTI HIS-N Inserts (ESR-2322): ASTM A193 Grade B7 cap bolts and ASTM A194 nut, galvanized per ASTM A153 Class C or D. b) HILTI HIS-RN Inserts (ESR-2322): ASTM A193 Grade B8M stainless steel bolts and ASTM F594 nut. Nuts shall be the same alloy group as the bolt.
3. Cast-In-Place Anchors:
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a. Anchor Rods and Nuts: ASTM F1554 Grade 36 Class 2A (Grade 105 Class 2A where High Strength is noted) with matching finish ASTM A563 nuts. Rods embedded in concrete, grout or adhesive shall be galvanized or nonlubricated unless noted otherwise. Embedded rods without a head, nut or hook for anchorage shall be threaded full length. Rods, nuts and washers in contact with preservative-treated wood shall be hot-dipped galvanized.
N.02 EQUIPMENT
A. Mixing Concrete:
1. Mixers may be of stationary plant, paver, or truck mixer type.
2. Provide adequate equipment and facilities for accurate measurement and control of materials and for readily changing proportions of material.
3. Mixing Equipment:
a. Capable of combining aggregates, cement, and water within specified time into thoroughly mixed and uniform mass and of discharging mixture without segregation.
b. Maintain concrete mixing plant and equipment in good working order and operated at loads, speeds, and timing recommended by manufacturer or as specified.
c. Proportion cement and aggregate by weight.
B. Machine Mixing:
1. Batch plant shall be capable of controlling delivery of all material to mixer within 1 percent by weight of individual material.
2. If bulk cement is used, weigh it on separate visible scale which will accurately register scale load at any stage of weighing operation from zero to full capacity.
3. Prevent cement from coming into contact with aggregate or with water until materials are in mixer ready for complete mixing with all mixing water.
4. Procedure of mixing cement with sand or with sand and coarse aggregate for delivery to project site, for final mixing and addition of mixing water will not be permitted.
5. Retempering of concrete will not be permitted.
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6. Discharge entire batch before recharging.
7. Volume of Mixed Material Per Batch: Not exceed manufacturer's rated capacity of mixer.
8. Mixers:
a. Perform mixing in batch mixers of acceptable type.
b. Equip each mixer with device for accurately measuring and indicating quantity of water entering concrete, and operating mechanism such that leakage will not occur when valves are closed.
c. Equip each mixer with device for automatically measuring, indicating, and controlling time required for mixing.
1) Interlock device to prevent discharge of concrete from mixer before expiration of mixing period.
C. Transit-mixed Concrete:
1. Mix and deliver in accordance with ASTM C 94.
2. Total Elapsed Time Between Addition of Water at Batch Plant and Discharging Completed Mix: Not to exceed 90 minutes or elapsed time at project site shall not exceed 30 minutes.
3. Under conditions contributing to quick setting, total elapsed time permitted may be reduced by the ENGINEER.
4. Equip each truck mixer with device interlocked so as to prevent discharge of concrete from drum before required number of turns and furnish such device that is capable of counting number of revolutions of drum.
5. Continuously revolve drum after it is once started until it has completely discharged its batch.
a. Do not admit water until drum has started revolving. b. Right is reserved to increase required minimum number of revolutions or to decrease designated maximum number of revolutions allowed, if necessary, to obtain satisfactory mixing. The CONTRACTOR will not be entitled to additional compensation because of such increase or decrease.
D. Other Types of Mixers: In case of other types of mixers, mixing shall be as follows:
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1. Mix concrete until there is uniform distribution of materials, and discharge mixer completely before recharging.
2. Neither speed nor volume loading of mixer shall exceed manufacturer's recommendations.
3. Continue mixing for minimum of 1-1/2 minutes after all materials are in drum, and for batches larger than one cubic yard increase minimum mixing time 15 seconds for each additional cubic yard or fraction thereof.
N.03 MIXES
A. Admixtures: Where admixtures are used they shall be added as recommended in ACI 211.1 for normal weight concrete and at rates recommended by manufacturer.
Admixtures are subject to the engineer's review.
B. Fiber Reinforcement: Add to mix at rate of 1.5 pounds per cubic yard, or as recommended by manufacturer for specific project conditions.
C. Normal Weight Concrete Mix Requirements:
1. Shall be made with aggregates for hardrock concrete.
2. Minimum Compressive Strength, f'c, when tested in accordance with ASTM C39 at 28 days: As scheduled below.
3. Minimum Cementitious Material Content:
a. For concrete (f’c = 3000 psi and greater) used in floors and slab-on-grades, cementitious material content shall not be less than indicated in the following table:
Nominal maximum size
of aggregate (in)
Minimum cementitious
material content (sacks)
1.5 5
1 5.5
3/4 6
1/2 6.5
b. For placing concrete under water, cementitious material content shall not be less than 7 sacks per cy.
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4. Maximum Water-Cement Ratio: As scheduled below. Significant volume of liquid admixtures should be considered as part of the mixing water
5. Maximum Aggregate Size: Nominal maximum size of coarse aggregate shall not exceed three-fourths of the minimum clear spacing between reinforcing bars, one-fifth of the narrowest dimension between sides of forms, or one-third of the thickness of slabs or toppings.
Concrete Class Minimum 28-day
Compressive
Strength f'c
Maximum Water/Cementitious
Material Ratio
Non-Air Entrained Air Entrained
Class A 5000 psi 0.4 0.4
Class B 4000 psi 0.4 0.4
Class C 3500 psi 0.4 0.4
Class D 3000 psi 0.4 0.4
Class E 2500 psi 0.4 0.4
Class F 2000 psi 0.4 0.4
Lean Concrete
(CLSM)
300 psi
Tremie Concrete 4000 psi 0.4 0.4
D. Structural Lightweight Concrete Mix Requirements:
1. Shall be made with light weight aggregates conforming to ASTM C330.
Lightweight aggregate must be presoaked per ACI 304.2.
2. Minimum Compressive Strength, f'c, when tested in accordance with ASTM C330 at 28 days: As scheduled above.
3. Minimum Cementitious Material Content: Same as normal weight concrete.
4. Maximum Water-Cement Ratio: As scheduled above. Significant volume of liquid admixtures should be considered as part of the mixing water.
5. Maximum Aggregate Size: Same as normal weight concrete but not greater than 3/4 inch.
6. Maximum dry unit weight: 120 lb per cubic foot as determined by ASTM C567.
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E. Controlled Low Strength Material (CLSM) Mix Requirements:
1. Shall be made with aggregates conforming to ASTM C33.
2. Minimum Compressive Strength, f'c, when tested in accordance with ASTM D4832 at 28 days: As scheduled above.
3. Minimum Cement Content: 2 sacks.
4. Maximum Water-Cement Ratio: Sufficient to produce a fluid workable mixture without segregation of the aggregate when placed.
F. Concrete Mix Designs: The following table presents a schedule of classes of concrete, maximum aggregate, maximum slump and air content for each type of concrete, which shall be as follows:
Concrete Element Class of Concrete Max. Size
Aggregate
Max. Slump (inch)
at point of
discharge
Foundation Walls
and footings
A 1.5 3
Slabs on Grade A 1 4
Elevated Slabs A 3/4 4
Yard Concrete
Walks & Curbs
F 3/4 4
G. Determine the slump by ASTM C143 at the point of truck discharge. Slump shall not exceed 3" for any concrete placement where top of surface slopes more than 2%.
When use of a Type I or II plasticizing admixture conforming to ASTM C1017 or when a Type F or G high-range water-reducing admixture conforming to ASTM C494 is permitted to increase the slump of concrete, concrete shall have a slump of 2 to 4 in. before the admixture is added and a maximum slump of 8 in. at the point of truck discharge after the admixture is added unless otherwise specified.
H. Add an air entraining agent to the concrete to provide specified amounts of entrained air per table below unless noted otherwise. Measure air content at the point of delivery in accordance with ASTM C173. Tolerance is plus/minus 1.5%. For specified compressive strengths above 5000 psi, the air contents indicated in the following table may be reduced by 1%.
Nominal maximum
aggregate size (in)
Air content (percent)
Exposure Class “Severe
Exposure”
Exposure Classes
“Moderate Exposure”
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3/8 6 to 9 4.5 to 7.5
1/2 5.5 to 8.5 4 to 7
3/4 4.5 to 7.5 3.5 to 6.5
1 4.5 to 7.5 3 to 6
1.5 4.5 to 7 3 to 6
N.04 SOURCE QUALITY CONTROL
A. Tests:
1. Concrete Mixes:
a. After concrete mixes have been accepted by ENGINEER, have trial batches of the accepted Class A, Class B, and Class D concrete mix designs prepared by testing laboratory acceptable to the ENGINEER.
b. Prepare trial batches by using specified cement and aggregates proposed to be used for the Work.
c. Trial Batches: Provide batches of sufficient quantity to determine slump, workability, consistency, and finishing characteristics, and to provide sufficient test cylinders.
d. Test Cylinders: Provide cylinders having six inch diameter by 12 inch length and that are prepared in accordance with ASTM C 31 for tests specified in this Section.
e. Determine slump in accordance with ASTM C 143.
f. Test Cylinders from Trial Batch:
1) Test 8 cylinders for compressive strength in accordance with ASTM C 39.
a) Test 4 cylinders at 7 days and 4 at 28 days.
b) Establish ratio between 7 day and 28 day strength for mix.
Seven day strength may be taken as satisfactory indication of 28 day strength provided effects on concrete of temperature and humidity between 7 day and 28 day are taken into account. 2) Average Compressive Strength of 4 Test Cylinders Tested At 28 Days:
Equal to or greater than required average compressive strength f'cr on which concrete mix design is based.
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g. Drying Shrinkage:
1) Prepare 5 drying shrinkage specimens in accordance with ASTM C 157, except as modified herein.
2) Remove drying shrinkage specimens from molds at age of 23 hours plus or minus 1 hour after trial batching, then immediately place them in water at 73 degrees Fahrenheit plus or minus 3 degrees for at least 30 minutes and then measure specimens within 30 minutes thereafter to determine original length. Then submerge specimens in saturated lime water at 73 degrees Fahrenheit plus or minus three degrees for moist curing.
3) Make measurement to determine expansion expressed as percentage of original length at age 7 days. Use length at age 7 days as base length for drying shrinkage calculations.
4) Immediately store specimens in humidity controlled room maintained at 73 degrees Fahrenheit plus or minus 3 degrees and 50 percent plus or minus 4 relative humidity for remainder of test.
5) Make and report measurements to determine shrinkage expressed as percentage of base length separately for 7, 14, 21, and 28 days of drying after 7 days of moist curing.
6) Drying Shrinkage Deformation:
a) Measure drying shrinkage deformation of each specimen as difference between base length and length after drying at each test age.
b) Measure average drying shrinkage deformation of specimens to nearest 0.0001 inch at each test age.
c) If drying shrinkage of any specimen departs from average of test age by more than 0.0004 inch, disregard results obtained from that specimen and test another specimen.
d) Shrinkage of trial batch concrete at 28 days drying age shall not exceed 0.045 percent maximum.
h. If trial batch tests do not meet specified requirements for slump, strength, workability, consistency, drying shrinkage, and finishing, change concrete mix design proportions and, if necessary, source of aggregate. Make additional trial batches and tests until an acceptable trial batch is produced that meets requirements of this Section.
i. Perform test batches and tests required to establish trial batches and acceptability of materials without change in Contract Price. j. Do not place concrete until the concrete mix design and trial batch have been accepted by ENGINEER.
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2. Required Average Compressive Strength:
a. Determine required average compressive strength (f'cr) for selection of concrete proportions for mix design, for each class of concrete, using calculated standard deviation and its corresponding specified compressive strength f'c, in accordance with ACI 318, Part 3, Chapter 5. b. When test records of at least 30 consecutive tests that span period of not less than 45 calendar days are available, establish standard deviation as described in ACI 318, Part 3, Chapter 5 and as modified as follows herein. c. Provide test records from which to calculate standard deviation that represent materials, quality control procedures, and conditions similar to materials, quality control procedures, and conditions expected to apply in preparation of concrete for the Work.
d. Provide changes in materials and proportions within test records that are more restricted than those for the Work.
e. Specified Compressive Strength (f'c) of Concrete Used in Test Records:
Within 1,000 pounds per square inch of that specified for the Work. f. When lacking adequate test records for calculation of standard deviation meeting requirements, determine required average compressive strength f'cr from following Table B.
TABLE B
Specified Compressive Strength f'c
(pounds per square inch)
Required Average Compressive
Strength f'cr (pounds per square
inch)
Less than 3,000 f'c + 1,000
3,000 to 5,000 f'c + 1,200
Over 5,000 f'c + 1,400
3. Pozzolan:
a. Sampling and Testing:
1) Sample and test pozzolan in accordance with ASTM C 311. 2) In Computing Water to Cement Ratio And Cement Content Per Cubic Yard Of Concrete: Consider cement weight to be weight of portland cement plus 100 percent of weight of fly ash.
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4. Aggregate:
a. Testing of concrete aggregate is at CONTRACTOR's expense. b. Sieves:
1) Use sieves with square openings for testing grading of aggregates. 2) Sieve Analyses: If sieve analyses indicate significant change in materials, the ENGINEER may require that new mix design be submitted and accepted before further placing of concrete. c. Sample aggregate in accordance with ASTM D 75 and C 136. d. Fine Aggregate:
1) Provide fine aggregate not containing strong alkali nor organic matter which gives color darker than standard color when tested in accordance with ASTM C 40.
2) Provide aggregate having soundness complying with requirements of ASTM C 33 when tested in accordance with ASTM C 88.
3) Provide aggregate complying with reactivity requirements of ASTM C 33 when tested in accordance with ASTM C 289.
e. Coarse Aggregate:
1) Soundness when tested in accordance with ASTM C 88: Have loss not greater than 10 percent when tested with sodium sulfate. 2) Abrasion Loss: Not exceed 45 percent after 500 revolutions when tested in accordance with ASTM C 131.
3) Reactivity: Not exceed limits specified in Appendix of ASTM C 33 when tested in accordance with ASTM C 289.
f. Portland Cement:
1) Determination Alkali Content: Determine by method set forth in ASTM C 114.
O. EXECUTION
O.01 INSTALLATION
A. Surface Sealant System: Apply as recommended by manufacturer published instructions. Where concrete continues to sweat or leak, apply additional coats of surface sealant until the sweating or leaks stop.
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B. Joints and Bonding:
1. As far as practicable construct concrete work as monolith.
2. Locations of contraction, construction, expansion, and other joints are indicated on the Drawings or as specified in this Section.
3. Construction Joints:
a. Where construction joints are not indicated on the Drawings, provide slabs and walls with construction joints at intervals not greater than 30 feet. b. In order to preserve strength and watertightness of structures, make no other joints, except as authorized the ENGINEER.
c. At construction joints, thoroughly clean concrete of laitance, grease, oil, mud, dirt, curing compounds, mortar droppings, or other objectionable matter by means of heavy sandblasting, and wash surfaces just prior to succeeding concrete placement.
d. At Horizontal Joints: Immediately prior to resuming concrete placing operations, thoroughly spread bed of grout not less than 1/2 inch in thickness, nor more than 1 inch in thickness over horizontal joint surfaces.
4. Keyways in Joints:
a. Provide keyways in joints as indicated on the Drawings. b. Treat lumber keyway material with form release coating, applied in accordance with manufacturer's instructions.
5. Take special care to ensure that concrete is well consolidated around and against waterstops and that waterstops are secured in proper position.
6. Cleaning of Construction Joints:
a. Wash construction joints free of sawdust, chips, and other debris after forms are built and immediately before concrete or grout placement. b. Should formwork confine sawdust, chips, or other loose matter in such manner that it is impossible to remove them by flushing with water, use vacuum cleaner for their removal, after which flush cleaned surfaces with water.
c. Provide cleanout hole at base of each wall and column for inspection and cleaning.
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7. Expansion, Contraction, and Construction Joints
a. Constructed where and as indicated on the Drawings.
b. Waterstops, Expansion Joint Material, Synthetic Rubber Sealing Compound, and Other Similar Materials: As specified in TS Section 8 – Concrete Accessories and TS Section 11 - Epoxies.
8. Repair of Concrete: Where it is necessary to repair concrete by bonding mortar or new concrete to concrete which has reached its initial set, first coat surface of set concrete with epoxy bonding agent as specified in TS Section 11 - Epoxies.
C. Conveying Concrete:
1. Convey concrete from mixer to place of final deposit by methods which prevent separation or loss of materials.
2. Use equipment for chuting, pumping, and conveying concrete of such size and design as to ensure practically continuous flow of concrete at delivery end without separation of materials.
3. Design and use chutes and devices for conveying and depositing concrete that direct concrete vertically downward when discharged from chute or conveying device.
4. Keep equipment for conveying concrete thoroughly clean by washing and scraping upon completion of any day's placement.
D. Placing Concrete:
1. Place no concrete without prior authorization of the ENGINEER.
2. Do Not Place Concrete Until:
a. Reinforcement is securely and properly fastened in its correct position and loose form ties at construction joints have been retightened. b. Dowels, bucks, sleeves, hangers, pipes, conduits, bolts, and any other fixtures required to be embedded in concrete have been placed and adequately anchored.
c. Forms have been cleaned and oiled as specified.
3. Placement of concrete in which initial set has occurred, or of retempered concrete, will not be permitted.
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4. Place no concrete during rainstorms or high velocity winds.
5. Protect concrete placed immediately before rain to prevent water from coming in contact with such concrete or winds causing excessive drying.
6. Keep sufficient protective covering on hand at all times for protection of concrete.
7. After acceptance, adhere to proposed sequence of placing concrete, except when specific changes are requested and accepted by the ENGINEER.
8. Notify the ENGINEER in writing of readiness, not just intention, to place concrete in any portion of the work.
a. Provide this notification in such time in advance of operations as the ENGINEER deems necessary to make final inspection of preparations at location of proposed concrete placing.
b. Place forms, steel, screeds, anchors, ties, and inserts in place before notification of readiness is given to the ENGINEER.
c. Depositing Concrete:
1) Deposit concrete at or near its final position to avoid segregation caused by rehandling or flowing.
2) Do not deposit concrete in large quantities in one place and work along forms with vibrator or by other methods.
3) Do not drop concrete freely into place from height greater than 5 feet. 4) Use tremies for placing concrete where drop is over 5 feet. 5) Commence placement of concrete on slopes, at bottom of slope.
9. Place concrete in approximately horizontal layers not to exceed 24 inches in depth and bring up evenly in all parts of forms.
10. Continue concrete placement without avoidable interruption, in continuous operation, until end of placement is reached.
11. If more than 20 minutes lapse prior to placement of new concrete over concrete previously placed, reduce depth of layers being placed at one time, and/or increase placing equipment, until it is possible to return with placing operation to previously placed concrete within 20 minutes.
12. If concrete is to be placed over previously placed concrete and more than 20 minutes have elapsed, then spread layer of grout not less than 1/2 inch in DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 CITY OF EMERYVILLE Section 40 05 59
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thickness nor more than 1 inch in thickness over surface before placing additional concrete.
13. Placement of Concrete for Slabs or Beams:
a. If cast monolithically with walls or columns, do not commence until concrete in walls or columns has been allowed to set and shrink. b. Allow set time of not less than one hour for shrinkage.
E. Consolidating Concrete:
1. Place concrete with aid of acceptable mechanical vibrators.
2. Thoroughly consolidate concrete around reinforcement, pipes, or other shapes built into the work.
3. Provide sufficiently intense vibration to cause concrete to flow and settle readily into place and to visibly affect concrete over radius of at least 18 inches.
4. Vibrators:
a. Keep sufficient vibrators on hand at all times to vibrate concrete as placed. b. In addition to vibrators in actual use while concrete is being placed, have on hand minimum 1 spare vibrator in serviceable condition. c. Place no concrete until it has been ascertained that all vibrating equipment, including spares, are in serviceable condition.
5. Take special care to place concrete solidly against forms so as to leave no voids.
6. Take every precaution to make concrete solid, compact, and smooth, and if for any reason surfaces or interiors have voids or are in any way defective, repair such concrete in manner acceptable to the ENGINEER.
F. Slabs on Grade:
1. Do not place concrete on ground or compacted fill until subgrade is in moist condition acceptable to the ENGINEER.
2. If necessary, sprinkle subgrade with water not less than 6 nor more than 20 hours in advance of placing concrete.
3. If it becomes dry prior to actual placing of concrete, sprinkle again, without forming pools of water.
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4. Place no concrete if subgrade is muddy or soft.
G. Loading Concrete:
1. Green Concrete:
a. No heavy loading of green concrete will be permitted. b. Green concrete is defined as concrete with less than 100 percent of the specified strength.
2. No backfill shall be placed against concrete walls until the concrete has reached the specified strength and the connecting slabs and beams have been cast and have reached the specified strength.
3. Use construction methods, sequencing, and allow time for concrete to reach adequate strength to prevent overstress of the concrete structure during construction.
H. Curing Concrete:
1. General:
a. Cure concrete by methods specified in this Section.
b. Maintain concrete with minimal moisture loss at above 50° F for the period of time necessary for hydration of cement and hardening of concrete.
Normal concrete at least the first 7 days after placement. High early strength concrete at least the first 3 days after placement. c. Curing methods shall comply with ACI 308R.
d. Cure concrete to be painted with water or plastic membrane. e. Do not use curing compound on concrete surfaces that are to receive paint or upon which any material is to be bonded.
f. Water cure or plastic membrane cure concrete slabs which are specified to be sealed by concrete sealer.
g. Cure other concrete by water curing or sprayed curing membrane at the CONTRACTOR's option.
h. Floor slabs may be cured using plastic membrane curing.
2. Water Curing:
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a. Keep surfaces of concrete being water cured constantly and visibly moist day and night for period of not less than 7 days.
b. Each day forms remain in place may count as 1 day of water curing. c. No further curing credit will be allowed for forms in place after contact has once been broken between concrete surface and forms.
d. Do not loosen form ties during period when concrete is being cured by leaving forms in place.
e. Flood top of walls with water at least 3 times per day, and keep concrete surfaces moist at all times during 7 day curing period.
3. Sprayed Membrane Curing:
a. Apply curing compound to concrete surface after repairing and patching, and within 1 hour after forms are removed.
b. If more than 1 hour elapses after removal of forms, do not use membrane curing compound, but apply water curing for full curing period. c. If surface requires repairing or painting, water cure such concrete surfaces. d. Curing Compound:
1) Do not remove curing compound from concrete in less than 7 days. 2) Curing compound may be removed only upon written request by the CONTRACTOR and acceptance by the ENGINEER, stating what measures are to be performed to adequately cure structures. 3) Take care to apply curing compound in area of construction joints to see that curing compound is placed within construction joint silhouette.
4) Remove curing compound placed within construction joint silhouette by heavy sandblasting prior to placing any new concrete. 5) CONTRACTOR's Option: Instead of using curing compound for curing of construction joints such joints may be water cured.
6) Apply curing compound by mechanical, power operated sprayer and mechanical agitator that will uniformly mix all pigment and compound. 7) Apply compound in at least 2 coats.
8) Apply each coat in direction 90 degrees to preceding coat.
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9) Apply compound in sufficient quantity so that concrete has uniform appearance and that natural color is effectively and completely concealed at time of spraying.
10) Continue to coat and recoat surfaces until specified coverage is achieved and until coating film remains on concrete surfaces. 11) Thickness and Coverage of Compound: Provide compound having film thickness that can be scraped from surfaces at any and all points after drying for at least 24 hours.
12) The CONTRACTOR is cautioned that method of applying curing compound specified herein may require more compound than normally suggested by manufacturer of compound and also more than is customary in the trade.
13) Apply amounts specified herein, regardless of manufacturer's recommendations or customary practice, if curing compound is used in place of water curing.
14) If the CONTRACTOR desires to use curing compound other than specified compound, coat sample areas of concrete wall with proposed compound and also similar adjacent area with specified compound in specified manner for comparison.
a) If proposed sample is not equal or better, in opinion of the ENGINEER, in all features, proposed substitution will not be allowed.
15) Prior to final acceptance of the work, remove, by sandblasting or other acceptable method, any curing compound on surfaces exposed to view, so that only natural color of finished concrete is visible uniformly over entire surface.
4. Plastic Membrane Curing:
a. Polyethylene film may be used to cure slabs. Seal joints and edges with small sand berm.
b. Install plastic membrane as soon as concrete is finished and can be walked on without damage.
c. Keep concrete moist under plastic membrane.
O.02 CONCRETE FINISHING
A. Provide concrete as indicated on the Drawings.
B. Edges of Joints:
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1. Provide joints having edges as indicated on the Drawings.
2. Protect wall and slab surfaces at edges against concrete spatter and thoroughly clean upon completion of each placement.
C. Concrete Sealer:
1. NOT USED
O.03 POST INSTALLED ANCHORS
A. Installation of anchors and adhesive including drilling, cleaning of holes and torque shall be in accordance with the manufacturer’s instructions and current ICC/IAPMO evaluation report. Post installed anchors shall be used only in applications permitted by the Evaluation Report and Engineer of Record. Anchors shall use washer sized to prevent crushing of the attached member at installation torque.
B. Provide stainless steel anchors for exterior use or when expose to weather or in chemically corrosive environments. Provide galvanized carbon steel anchors at other locations unless noted otherwise on the Drawings.
C. If reinforcement is encountered during drilling, abandon and shift the hole location to avoid the reinforcement. Provide a minimum of 2 anchor diameters or 1 inch, whichever is larger, of sound concrete between the anchor and the abandoned hole.
Fill the abandoned hole with non-shrink grout. If the anchor or dowel may not be shifted as noted above, the Engineer will determine a new location.
D. Adhesive Anchors:
1. Insert the anchor or dowel in the hole with a twisting motion to the required embedment depth. Do not pump the anchor or dowel in and out of the hole.
2. Wedge bars tight and centered in the hole with wooden wedges (golf tees) to hold it in place until the adhesive sets.
E. Expansion Anchors:
1. Install per manufacturer’s instructions and the current ICC/IAPMO report to the nominal embedment depth shown on the plans. Tightening of the anchor shall not reduce the embedment below that specified on the plans by more than eight threads. Projecting portions of the anchor shall not be cut off before inspection is complete.
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O.04 FIELD QUALITY CONTROL
A. Testing of Concrete:
1. During progress of construction, the CITY will have tests made to determine whether the concrete, as being produced, complies with requirements specified.
2. Tests will be performed in accordance with ASTM C 31, ASTM C 39, and ASTM C 172.
3. The CITY’s laboratory technician will make and deliver test cylinders to the laboratory for testing.
4. Required Number Cylinders for testing by CITY:
a. Not less than 3 cylinder specimens, 6 inch diameter by 12 inch long, will be tested for each 150 cubic yards of each class of concrete with minimum of 3 three specimens for each class of concrete placed and not less than 3 specimens for each half day's placement.
b. One cylinder will be broken at 7 days and 2 at 28 days.
5. The CITY’s laboratory technician will test slump at the beginning of each placement, as often as necessary to keep slump within the specified range, and when requested to do so by the ENGINEER.
6. The CONTRACTOR shall:
a. Coordinate test cylinder sampling with CITY’s laboratory technician. b. Coordinate slump tests of concrete with the CITY’s laboratory technician, who will use a slump cone in accordance with requirements of ASTM C 143. c. Not use concrete that does not meet specification requirements in regards to slump, but remove such concrete from project site.
d. Provide concrete for test specimens when requested by the Engineer for the purposes of Quality Assurance testing.
B. Air Entraining Admixture:
1. Test percent of entrained air in concrete at beginning of each placement, as often as necessary to keep entrained air within specified range, and when requested to do so by the ENGINEER.
2. Provide test equipment.
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3. Do not use concrete that does not meet Specification requirements as to air entrainment and shall remove such concrete from project site.
4. Test air entrainment in concrete in accordance with ASTM C 173.
5. The ENGINEER may at any time test percent of entrained air in concrete received on project site.
C. Enforcement of Strength Requirement:
1. Concrete is expected to reach higher compressive strength than that which is indicated in Section B.04: Table A as specified compressive strength f'c.
2. Strength Level of Concrete: Will be considered acceptable if following conditions are satisfied.
a. Averages of all sets of 3 consecutive strength test results is greater or equal to specified compressive strength f'c.
b. No individual strength test (average of 2 cylinders) falls below specified compressive strength f'c by more than 500 pounds per square inch. c. Whenever one, or both, of 2 conditions stated above is not satisfied, provide additional curing of affected portion followed by cores taken in accordance with ASTM C 42 and ACI 318 and comply with following requirements:
1) If additional curing does not bring average of 3 cores taken in affected area to at least specified compressive strength f'c, designate such concrete in affected area as defective.
2) The ENGINEER may require the CONTRACTOR to strengthen defective concrete by means of additional concrete, additional reinforcing steel, or replacement of defective concrete, all of the CONTRACTOR's expense.
O.05 ADJUSTING
A. Repair of Defective Concrete:
1. Remove and replace or repair defective work.
2. Correct defective work as specified in this Section.
3. Do not patch, repair, or cover defective work without inspection by the ENGINEER.
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4. Provide repairs having strength equal to or greater than specified concrete for areas involved.
a. Chip out and key imperfections in the work and make them ready for repair.
5. Dry Pack Method:
a. Dry Pack Method: Use for holes having depth nearly equal to or greater than least surface dimension of hole, for cone-bolt, and narrow slots cut for repair.
b. Smooth Holes: Clean and roughen by heavy sandblasting before repair.
6. Mortar Method of Replacement: Use for following:
a. Holes too wide to dry pack and too shallow for concrete replacement. b. Comparatively shallow depressions, large or small, which extend no deeper than reinforcement nearest surface.
7. Concrete Replacement:
a. Use: When holes extend entirely through concrete section or when holes are more than 1 square foot in area and extend halfway or more through the section.
b. Method of Repair for Surfaces of Set Concrete to Be Repaired: First coat with epoxy bonding agent.
8. Acceptable Method of Concrete Repair:
a. Make no repair until the ENGINEER has accepted method of preparing surfaces and proposed method of repair.
083100 – ACCESS HATCHES
A. GENERAL
O.06 SUMMARY
A. The Contractor shall furnish and install all access hatches, and associated hardware in conformance with the Contract Documents.
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O.07 QUALITY ASSURANCE
A. Hatches shall be designed for the anticipated loads based on the location of installation as shown on the Contract Drawings.
O.08 RELATED WORK SPECIFIED ELSEWHERE
A. Technical Specification Section 03 30 00 – Cast in Place Concrete.
B. Technical Specification Section 33 44 43 – Hydrodynamic Separator O.09 REFERENCE SPECIFICATIONS, CODES AND STANDARDS
A. American Association of State Highway and Transportation Officials (AASHTO)
1. Standard Specifications for Highway Bridges
O.10 CONTRACTOR SUBMITTALS
A. Contractor shall submit the following items for review by the Engineer:
1. Shop drawings for all access hatches and their frames.
2. Calculations for each access hatch demonstrating that it meets the requirements of these Specifications, stamped by a professional engineer licensed in the State of California.
3. Operation and maintenance data.
P. PRODUCTS
P.01 ACCESS HATCHES FOR DIRECT TRAFFIC USE
A. Design
1. Access hatch shall meet the requirements of AASHTO H20-44 and ASTM C1802-14 wheel loads.
2. Access hatch frame shall be constructed of ½-inch thick steel angles with anchors welded to the frame for casting into concrete. All portions of the frame coming into contact with concrete shall be supplied with a bituminous coating.
3. Access hatch cover shall be ½-inch thick galvanized steel diamond plate, reinforced to withstand an AASHTO H20-44 wheel load. In the closed DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 CITY OF EMERYVILLE Section 40 05 59
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position the cover shall be bolted to the frame with a 316 stainless steel bolts to allow for H20-44, direct traffic loading. Bolts shall be tightened to 25 foot-pounds of torque and securely fastened using Loctite 242 whenever cover is closed to ensure safe and proper performance.
4. Access hatch cover shall be equipped with an oversized recessed staple for the CITY padlock. Access hatch cover shall be equipped with a flush steel lifting handle that does not protrude above the cover, and hold-open arms that automatically keep the cover upright, in its open position.
5. The door shall have tamper resistant hinges with recessed pins and lugs.
6. The door shall have open, stainless steel, horizontal springs to assist in opening the door and reducing the force during closing. Door lifting force shall be limited to 40 pounds. Manufacturer shall determine the necessary number of doors to meet this requirement for each hatch.
7. Access hatches shall be equipped with integral fall through protection via safety poles and chains, or removable safety grates.
8. Direct traffic access hatches shall be model DT-AH as manufactured by USF Fabrications, East Jordan Iron Works Access Hatch with above described properties, or equal.
Q. EXECUTION
Q.01 INSTALLATION
A. Install access hatches as specified in the manufacturer’s instructions. 099600 – COATINGS
R. GENERAL
R.01 SUMMARY
A. Section Includes:
1. Bituminous Coatings for corrugated metal storm drains
2. Zinc coatings
R.02 REFERENCES
A. American Society for Testing and Materials (ASTM):
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1. A 849 Post Applied Coatings, Paving and Lining for Corrugated Steel Sewer and Drainage Pipe
2. A 862/A 862M, Application of Asphalt Coatings to Corrugated Steel Sewer and Drainage Pipe
3. D 1005 Test Method for Measurement of Dry-Film Thickness of Organic Coatings Using Micrometers.
R.03 SYSTEM DESCRIPTION
A. Performance Requirements:
1. Provide coating materials that are new and use them within shelf life limitations set forth by manufacturer.
2. Perform and conduct work of this Section in neat orderly manner.
R.04 SUBMITTALS
A. Product Data: Submit manufacturer's data completely describing
1. Bituminous Coatings
2. Zinc Coatings
B. Quality Control Submittals:
1. Manufacturer's installation instructions.
S. PRODUCTS
S.01 MATERIALS
A. The bituminous material for coating shall be an asphalt having the following properties:
Limit (percent)
Solubility in trichloroethylene, not less than 99.0
Loss on heating to 163oC, not more than 1
Penetration of residue after heating compared
with penetration of same sample before testing
for loss on heating, not less than
85 B. Zinc Rich Primer Coating
1. Zinc dust-zinc oxide primer per ASTM D 79 and D 520
2. Zinc dust paint per ASTM D1416
3. Approved Manufacturers
a. Series 94-H20, Tnemec Company
b. 97-699 Durethane MCZ, PPG Protective and Marine Coatings DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 CITY OF EMERYVILLE Section 40 05 59
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c. Corothane Galvapak 1K Zinc MCU, Sherwin Williams Company d. Or equal.
T. EXECUTION
T.01 PREPARATION
A. Clean the metal storm drain pipe by sand blasting, power disk sanding or wire brushing.
All loose and cracked coating, dirt and any products of corrosion shall be removed before application of coatings. Oil and grease material shall be removed by use of a solvent. The surface shall be clean and dry during the painting period and until the coating has completely dried.
T.02 INSTALLATION
A. Install and cure bituminous coating materials in accordance with manufacturer's installation instructions.
1. Bituminous coating shall be applied to a minimum depth of 3 feet where the culvert has been cut.
2. Coating shall be a minimum of 0.05 inches thick
B. For all exposed cut metal pipe material, apply zinc rich primer to the cut edge of the pipe.
T.03 CLEANING
A. Leave finished work and work area in a neat, clean condition without evidence of spillovers onto adjacent areas.
310000 – EARTHWORK
U. GENERAL
U.01 SUMMARY
A. Section Includes:
1. Loosening, excavating, filling, grading, borrow, hauling, preparing subgrade, compacting in final location, wetting and drying, dewatering, and operations pertaining to site grading for buildings, basins, reservoirs, boxes, roads, and other structures
2. Pumping and draining of excavations
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3. Backfilling and compacting around structures
4. Excavating for structure volume below grade, slabs-on-grade, and site structures.
U.02 REFERENCES
A. Associated General Contractors (AGC):
1. Manual of Accident Prevention in Construction (Section 9).
B. American Society for Testing and Materials (ASTM):
1. C 131 - Test Method for Resistance to Degradation of Small-Size Course Aggregate by Abrasion and Impact in the Los Angeles Machine.
2. C 136 - Test Method for Sieve Analysis of Fine and Course Aggregates.
3. D 422 - Standard Test Method for Particle - Size Analysis of Soils.
4. D 1556 - Test Method for Density and Unit Weight of Soil in Place by the Sand Cone Method.
5. D 1557 - Test Method for Laboratory Compaction Characteristics of Soil Using Modified Effort (56,000 ft-lbf/ft3
(2,700 kN-m/m).
6. D 2419 - Test Method for Sand Equivalent Value of Soils and Fine Aggregate.
7. D 2922 - Test Methods for Density of Soil and Soil-Aggregate in Place by Nuclear Methods (Shallow Depth).
8. D 3017 - Test Method for Water Content of Soil and Rock in Place by Nuclear Methods (Shallow Depth).
9. D 4318 - Test Method for Liquid Limit, Plastic Limit, and Plasticity Index of Soils.
C. Division of Industrial Safety (DIS).
D. Institute of Makers of Explosives (IOMOE).
E. Occupational Safety and Health Act (OSHA).
F. State of California Department of Transportation (Caltrans).
U.03 DEFINITIONS
A. Excavation: Consists of satisfactory loosening, removing, loading, transporting, depositing, and compacting in final location, wet and dry materials, necessary to be removed for purposes of construction, or as required for ditches, grading, roads, and such other purposes as are indicated on the Drawings.
B. Backfill Adjacent to Structure: Is backfill around the exterior surfaces of a structure from the bottom of the excavation to finish grade.
C. In-Place Density of Compacted Backfill: Is density determined in accordance with ASTM D 1556, or with ASTM D 2922 and ASTM D 3017.
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D. Maximum Density: Is maximum density obtained in laboratory when tested in accordance with ASTM D 1557.
E. Definitions Related to Compaction of Coarse Fill:
1. One Pass: Defined as one movement of roller over area being compacted.
2. Measurement Of Pass Width: Measure width of pass between centers of outside tires or outside edge of roller wheel.
F. Optimum Moisture Content: Is the optimum content at the maximum density when tested in accordance with ASTM D 1557.
U.04 SYSTEM DESCRIPTION
A. Performance Requirements:
1. General:
a. Obtain acceptable material from other sources if surplus or borrow materials obtained within project site do not conform to specified requirements or are not sufficient in quantity. No onsite materials shall be used for structural backfill.
b. No extra compensation will be made for hauling of fill materials nor for water required to compact fills.
2. Subgrade Preparation:
a. Per Standard Provisions Section 14 – Subgrade Preparation.
3. Structural Backfill:
a. Material for Backfill:
1) Use Class 2 Aggregate Base material to backfill below-grade retaining walls and concrete structures.
2) Backfill material under other concrete structures, under pavement, or where heavy compaction equipment, such as a pneumatic tired roller, cannot be used satisfactorily shall consist of aggregate base course. 3) Backfill in any area under concrete structures shall extend from undisturbed native soil or rock to the bottom surface of the structure.
4. Compacted Fills:
a. Provide specified compaction for backfill, fill, and other earthwork. b. Perform confirmation tests to verify and confirm that work has complied, and is complying at all times, with requirements specified in this Section concerning initial compaction demonstration, and field quality control testing.
5. Borrow Area:
a. Where borrow material is required, provide such material from source selected by the CONTRACTOR, subject to acceptance by the ENGINEER.
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b. Use of imported borrow shall not cause additional cost to the Contract.
B. Environmental Requirements:
1. Keep excavations reasonably free from water.
2. Provide standby power to ensure continuous dewatering in case of power failure.
U.05 SUBMITTALS
A. General: Submit in accordance with Special Provisions Section 10 - Submittals.
B. Product Data: Submit material source, gradation, and testing data for all materials, including imported and on-site materials.
C. Excavation Plan: Submit proposed excavation plan in accordance with Special Provisions Section 10 – Submittals.
D. Test Reports: Submit certified test reports of all tests specified to be performed by the CONTRACTOR. Test reports shall be signed and sealed by a registered geotechnical engineer in the state of California.
E. Dewatering Plan: Proposed dewatering plan including arrangement, location, and depths of system components, type, and sizes of filters, and required permits per Technical Specification Section 18 – Dewatering and Stormwater Control.
F. Submit copy of Cal/OSHA excavation permit prior to excavation work.
U.06 QUALITY ASSURANCE
A. Codes and Standards: Comply with all Federal, State and Local Codes and Safety Regulations. In addition, comply with the provisions of the following codes, specifications, and standards, except where more stringent requirements are shown or specified.
1. State of California, Department of Transportation Caltrans Standard Specifications, current governing edition.
2. CAL-OSHA the Division of Occupational Safety and Health.
B. Initial Compaction Demonstration:
1. Adequacy of Compaction Equipment and Procedures: Demonstrate adequacy of compaction equipment and procedures before exceeding any of following amounts of earthwork quantities:
a. 200 linear feet of trench backfill.
b. 50 cubic yards of structural backfill.
c. 100 cubic yards of embankment work.
d. 50 cubic yards of base material.
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2. Compaction Sequence Requirements: Until specified degree of compaction on previously specified amounts of earthwork is achieved, do not perform additional earthwork of the same kind.
3. After satisfactory conclusion of initial compaction demonstration and at any time during construction, provide confirmation tests as specified under "FIELD QUALITY CONTROL."
C. Regulatory Requirements: Assume responsibility for obtaining water discharge permits for any dewatering activities.
D. Dispose of water from dewatering in such manner as not to be a menace to public health.
E. Geotechnical Report: City has prepared a geotechnical report describing site conditions and construction recommendations titled “Geotechnical Investigation, Citywide Trash Capture Project 16-39 – Phase 1” (Cornerstone Earth Group, 2017) that is available to CONTRACTOR. The referenced report is complimentary to these Provisions, but the Provisions govern in case of conflict. The project site is referred to as site 1A – CoastCasey within the geotechnical report.
U.07 SEQUENCING AND SCHEDULING
A. Schedule earthwork operations to meet requirements as provided in this Section for excavation and uses of excavated material.
B. If necessary, stockpile excavated material in the designated staging area in accordance with Special Provisions Section 19 - Storm Water Pollution Prevention Measures.
C. Excavation and Filling: Perform excavation and filling, during construction, in manner and sequence that provides drainage at all times.
V. PRODUCTS
V.01 MATERIALS
A. Water for Compacting Fills: Use water from source acceptable to ENGINEER.
B. Fill Materials:
1. General:
a. Provide aggregate base course, select material, bedding, engineered fill and native material, where required for fill and backfill.
b. Obtain material for fills from borrow sources.
c. Provide material having maximum particle size not exceeding 6 inches, with no more than 1.5 percent larger than 2.5 inches and that is free of trash, lumber, debris, leaves, grass, roots, stumps, and other vegetable matter.
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d. Fill materials provided shall be free of environmental contaminates. e. Materials derived from processing demolished or removed asphalt concrete are not acceptable.
2. Crushed Rock: Crushed rock for mat foundation underlayment and where necessary to stabilize excavation bottoms shall be a clean, durable uniformly graded rock between ½ inch and 1½ inch size. Crushed rock shall be CalTrans Class 1, Type A.
3. Aggregate Base Course: As specified in Standard Provisions Section 16 – Aggregate Base.
4. Native Material:
a. Organic content of less than 3 percent by weight.
b. Expansive on-site soils with a PI of 20 or greater shall have a moisture content of 3 percent or greater.
c. Conforming to the requirements of “Engineered Fill” Article B.01.B.6 below.
5. Pipe Bedding Material:
a. Class 2 Aggregate base
6. Engineered Fill:
a. Engineered fill shall meet the following requirements:
Sieve Size Percent by Weight Passing Sieve
1 inch 100
3/4 inch 80-100
No. 4 20-100
No. 40 10-80
No. 200 10-60
1) Plasticity Index (PI) ≤ 15 in accordance with ASTM D4318. 2) Liquid Limit (LL) ≤ 50 in accordance with ASTM D4318. 3) Expansion Index (UBC 18-2): Less than 50.
4) Minimum pH range > 6.
5) Saturated resistivity > 2,500 ohm-cm.
6) Total water soluble chloride concentration < 300 mg/kg. 7) Total water soluble sulfate concentration < 1,000 mg/kg. b. All engineered fill shall have a soil moisture content of 1 percent over optimum moisture content as determined by ASTM Test Method D1557. c. Excavated materials shall not be used for engineered fill. d. A sample of all proposed imported fill from borrow sources shall be submitted for compliance testing at least 2 weeks prior to the proposed date DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 CITY OF EMERYVILLE Section 40 05 59
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of import. Consideration will also be given to the environmental characteristics of imported soils per Paragraph B.02 below. e. Engineered fill material shall be free of debris, organic or deleterious material and shall not contain rocks or lumps larger than 6 inches in greatest dimension, with no more than 1.5 percent larger than 2½ inches.
C. Geotextile:
1. As specified per Technical Specification Section 16 – Filter Fabric and Geotextiles.
D. Filter Fabric:
1. As specified per Technical Specification Section 16 – Filter Fabric and Geotextiles.
V.02 OFFSITE SOIL SUITABILITY
A. Contractor shall sample and test soil from off-site sources prior to importing soil to the site for use in backfill. Tests will evaluate toxicity that would limit the soil’s use as a revegetation substrate.
B. Imported Topsoil: Form 430-C as determined by Testing Laboratory (Soil and Plant Laboratory, or accepted equal).
1. Physical properties: USDA sandy loam, sandy clay loam or loam.
Particle Size Range
Percent
Coarse sand .5 – 2.0 mm 0 – 15%
Silt plus clay <0.05 mm 25 – 50%
Silt 0.002 – 0.05 mm 10 – 30%
Clay 0 – 0.002 mm 10 – 25%
Gravel 2 – 13 mm 0 – 15%
Rock ½ - <1 inch 0 – 10% by volume
Organic matter 0 – 15%
2. Chemistry:
a. Salinity: less than 3.0 dS/m @ 25°C
b. Sodium adsorption: less than 6.0
c. Boron: Less than 1.0 ppm
d. pH of saturated paste: 5.5 – 7.5
3. Qualitative lime level shall be low in opinion of testing laboratory.
4. Fertility characteristics shall be modifiable by the incorporation of conventional fertilizers to provide fertility levels to sustain normal growth.
C. The lab report shall indicate any constituent that is at a level toxic to plants.
D. Submit soil test results to ENGINEER for review.
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E. ENGINEER may deem soil unsuitable for use as a planting medium. If soil is deemed unsuitable, the Contractor shall identify a different source of soil and the analysis described above shall be repeated.
W. EXECUTION
W.01 EXAMINATION
A. Verification of Conditions:
1. Character and Quantity of Material:
a. Verify character and quantity of rock, gravel, sand, silt, water, and other inorganic or organic materials to be encountered in work to be performed. b. Determine gradation and shrinkage of excavation and fill material, and suitability of material for use intended in work to be performed. c. Determine quantity of material, and cost thereof, required for construction of excavations and fills, whether from on-site excavations or imported materials. Include in cost of work to be performed.
d. Include wasting of excess material, if required, in cost of work to be performed.
e. Fills used for backfill shall be composed of clean soils free of oversize material, construction debris, organics and contamination and shall meet the specified gradation, moisture, and quality requirements for engineered fill.
W.02 PREPARATION
A. Structure excavation:
1. Structural excavation shall be done in accordance with the requirements of Section 19-3, "Structure Excavation and Backfill," of the Caltrans Standard Specifications.
2. Identify required lines, levels, contours, and datum locations.
3. Locate, identify, and protect utilities that remain and protect from damage. All contractors shall call USA at (800) 227-2600, 48 hours before digging. Excavation for underground facilities shall not be permitted prior to underground service alert's identification of existing utilities.
4. Notify utility company to remove and relocate utilities. Contractor shall notify private property when removing and relocating utilities.
5. Protect bench marks, survey control points, existing structures, fences, sidewalks, paving, and curbs from excavating equipment and vehicular traffic.
6. Plans show anticipated limits of excavation, contractor can apply various means and methods for actual construction, but additional excavation shall be at the contractor’s expense.
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B. Surface Preparation:
1. Preparing Ground Surfaces for Fill or Concrete:
a. After clearing, grubbing and stripping is completed, scarify entire areas which underlie fill sections to a depth of 6 inches and until surface is free of ruts, hummocks, and other features which would prevent uniform compaction by equipment to be used.
b. Moisture condition and re-compact areas to density specified in "Compacted Fills" Section C.03.C.1of this specification before placing of fill material or concrete.
c. Where cemented rock, cobbles, or boulders compose a large portion of foundation material underlying structures, slabs, or paved areas, it may not be advisable to scarify the top 6 inches prior to compaction. If the ENGINEER deems it advisable not to scarify existing natural ground, then moisten the native soil and compact it to 95 percent for low expansion soils and 87-92 percent for expansive soils (PI 20 or greater).
d. Where subgrade stabilization is required beneath structures, scarification and compaction of native soils is not practical. In these instances stabilize the subgrade by placing geotextile and crushed rock as shown on the plans and/or specified herein.
e. Finished compacted subgrade shall be firm and non-yielding under the weight of compaction equipment. If the relative compaction of the subgrade is less than specified, or the surface of the subgrade exhibits significant yielding, over-excavate the area and rebuild or rework the area until the subgrade compaction conforms to this specification.
2. Preparing for Structural Backfill:
a. After completion of foundation footings and walls and other construction below the elevation of the final grades and prior to backfilling, all forms shall be removed and excavation shall be cleaned of all trash and debris. b. After inspection of foundation, walls, and pipes, backfill shall be placed symmetrically to prevent eccentric loading upon or against structures. c. To prevent damage to structures, structural backfill shall be placed with equipment which does not exceed H-20 loading, within a distance of 1/2 to 1/3 h (h being the vertical distance from the level being compacted down to the surface on the opposite side of the wall). Outside this distance, normal compaction equipment may be used.
d. All backfill shall be compacted per Compaction Section C.03.C of this specification.
W.03 APPLICATION
A. General:
1. Dispose of excavated materials which are not required or unsuitable for fill and backfill in lawful manner.
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2. Dispose of surplus material on private property only when written permission agreement is furnished by owner of property. Submit copies of such agreements.
3. Obtain material required for fills in excess of that produced by excavation from borrow areas subject to the fill material requirements specified herein.
4. Rocks, broken concrete, or other solid materials larger than 6 inches in greatest dimension shall not be placed in fill areas, but removed from project site at no additional cost to the Contract.
5. Stabilization of Subgrade: Provide materials used or perform work to stabilize subgrade so it can withstand loads which may be placed upon it by CONTRACTOR's equipment.
6. Existing soils shall not be reused as structural backfill.
7. No material larger than 1” shall be placed in the first two feet below subgrade.
B. Excavation:
1. Excavations for Structures:
a. All excavations shall comply with Technical Specification Section 15 - Excavation Support and Protection.
b. Underpin adjacent structures that could be damages by excavating work. c. Excavate to accommodate new structures and construction operations. d. Notify Engineer of unexpected subsurface conditions and discontinue affected Work in area until notified to resume work.
e. Slope banks of excavations deeper than 4 feet to angle of repose or less until shored.
f. Do not interfere with 45 degree bearing splay of foundations. g. Cut utility trenches wide enough to allow inspection of installed utilities. h. Hand trim excavations. Remove loose matter.
i. Correct areas that are over-excavated and load-bearing surfaces that are disturbed;
j. Grade top perimeter of excavation to prevent surface water from draining into excavation.
k. Contractor shall not use on-site soils as engineered fill. l. Dimensions and Elevations of Excavations: Provide excavations conforming to dimensions and elevations indicated on the Drawings for each structure, including trenching for adjacent piping and all work incidental thereto. m. Soil of Unsuitable Bearing Value: Where soil is encountered having unsuitable bearing value, ENGINEER may direct in writing that excavation be carried to elevations above or below those indicated on the Drawings. n. Unless directed by the ENGINEER, excavations shall not be carried below elevations indicated on the Drawings.
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o. Where excavations are made below elevations indicated on the Drawings, adjust elevations of excavations in accordance with requirements following:
1) Under Slabs: Restore to proper elevation in accordance with procedure specified for backfill in this Section.
2) Under Footings: Restore to proper elevation in accordance with procedure specified for backfill in this Section.
p. Excavation Width: Extend excavations at least 24 inches clear from walls to allow for placing and removal of forms, installation of services, and inspection. Undercutting of slopes will not be permitted. q. Bottom of Excavations for Structures: Excavate an additional 18” below subgrade and place a layer of stabilization fabric (per Technical Specification Section 17 –Filter Fabric and Geotextiles) at the bottom. Backfill with clean, crushed rock. Consolidate in place with light vibratory equipment. Rubbertire equipment shall not be allowed on exposed subgrade. r. Difficulty of Excavation: No extra compensation will be made for removal of rock or any other material due to difficulty of excavation. s. The upper 18 inches of the fill below pavement subgrade shall be re-worked and compacted as discussed in “Compaction” Article C below. t. Excavated materials shall be disposed of in a lawful manor per Standard Provision Section 24 – Trench Excavation, Backfill and Resurfacing and Standard Provision Section 13 – Surplus Material.
2. Necessary Over Excavation:
a. General:
1) Where it becomes necessary to excavate beyond normal lines of excavation in order to remove boulders or other interfering objects, backfill voids remaining after removal as specified in Backfilling of Voids, or as acceptable to the ENGINEER.
2) Perform necessary excavation beyond normal lines as specified above and backfill such voids.
b. Backfilling of Voids:
1) Fill voids with suitable material acceptable to the ENGINEER, placed in manner and to same uniform density as surrounding material. 2) With acceptance of the ENGINEER, concrete of same mix as used in cast-in-place diversion structure may be used.
C. Compaction:
1. Compacted Fills:
a. Lines and Grades:
1) Construct fills, embankments, and backfills, designated herein as fills, at locations and to lines and grades indicated on the Drawings. 2) All fills and subgrade areas where fill, slabs on grade and pavements are planned should be placed in loose lifts 8 inches or less and DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 CITY OF EMERYVILLE Section 40 05 59
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compacted in accordance with ASTM D1557 requirements as shown in the table below.
2. CONTRACTOR shall provide necessary imported fill material from outside sources. a. Preparation of Areas Designated to Receive Fill Material: Scarify to minimum depth of 6 inches, unless otherwise indicated on the Drawings, and recompact to density of fill material as specified in following Article. b. Fills and Backfills and Upper 6 Inches in Cuts: Compact to percentage of maximum density as follows and as determined by ASTM D1557:
1) Backfill adjacent to structures: 95 percent.
2) Under present and future structures: 95 percent.
3) Under roadways and parking areas subject to traffic loading: 95 percent to three feet under subgrade.
4) Under paved areas not subject to traffic loading, curbs, and sidewalks:
95 percent.
5) Other areas: 85 percent.
c. Fills and Backfills and Upper 6 Inches in Cuts where the soil’s PI is 20 or greater: Compact to percentage of maximum density as follows and as determined by ASTM D1557:
1) Backfill adjacent to structures: 87-92 percent.
2) Under present and future structures: 87-92 percent.
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3) Under roadways and parking areas subject to traffic loading: 87-92 percent to three feet under subgrade.
4) Under paved areas not subject to traffic loading, curbs, and sidewalks:
87-92 percent.
5) Other areas: 85 percent.
d. Placing Compacted Fills:
1) Placement: Place loose material in successive layers that do not exceed 8 inches in thickness.
2) Open graded materials and crushed rock should be placed in lifts no thicker than 18 inches.
3) Moisture Content: Bring each layer to specified moisture content for maximum density before compaction by rolling.
4) Each successive lift shall be firm and non-yielding under the weight of construction equipment.
5) Defective Compacted Fills: Remove and re-compact.
3. Compaction of Structure Backfills:
a. Construction and Compaction of Structural Backfills:
1) Construct in layers of thickness specified above.
2) Compact with vibratory equipment for sandy/gravelly soils and sheepsfoot equipment for clayey soils.
3) Moisture Content:
a) Where the moisture content of fill is too low to permit the specified degree of compaction, water shall be added before or during spreading, at the CONTRACTOR’s expense, until the moisture content is satisfactory to achieve the required compaction requirements.
b) Where the moisture content of fill is too high to permit the specified degree of compaction, the material shall be dried, at the CONTRACTOR’s expense, until the moisture content is satisfactory to achieve the required compaction requirements.
c) The final soil moisture content after wetting or drying shall be no less than 2 percent over optimum moisture content as
determined by ASTM D 1557.
W.04 FIELD QUALITY CONTROL
A. Tests:
1. Confirmation Tests:
a. CONTRACTOR shall accomplish specified compaction for backfill, fill, and other earthwork.
b. CONTRACTOR may, at his option, arrange for conformation testing through his own forces or a testing laboratory.
c. Confirmation testing is only for the Contractor’s benefit and shall not substitute for Compliance Tests as specified herein.
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d. Control operations in response to confirmation tests and CITY Compliance Testing to verify that compaction work complies, and is complying at all times, with requirements specified in this Section concerning compaction, control, and testing.
e. Cost of Confirmation Tests: Paid for by the CONTRACTOR. f. Confirmation Test submittals are not required.
2. Compliance Tests:
a. Compliance tests will be made by the ENGINEER to verify that compaction is meeting requirements specified herein.
b. CITY’s Testing Laboratory will perform confirmation testing as acceptable to the ENGINEER.
c. CONTRACTOR shall coordinate with ENGINEER regarding the frequency of Compliance Testing and testing results.
1) Compliance Testing will be performed not less than as follows:
a) For structure backfill, no less than 1 test for every 2 feet of vertical fill thickness and no less than 1 test for every 100 cubic yards of fill placed for structure backfill.
b) For base material, no less than 1 test for every 100 cubic yards of base placed.
2) Copies of Compliance Test Reports will be submitted promptly to the ENGINEER for disbursement to CONTRACTOR.
d. Coordination with ENGINEER Testing: Remove overburden above level at which the ENGINEER wishes to test and backfill and recompact excavation after testing is completed.
e. If compaction fails to meet specified requirements, perform remedial work by one of the following methods:
1) Remove and replace backfill at proper density.
2) Bring density up to specified level by other means acceptable to the ENGINEER.
f. Retesting:
1) Costs of Retesting: Costs of retesting required to confirm and verify that remedial work has brought compaction within specified requirements shall be borne by the CONTRACTOR.
2) CITY's Compliance Tests During Performance of Remedial Work will be performed as follows:
a) Tests will be performed in a manner acceptable to the ENGINEER. b) Frequency: Double amount specified for initial confirmation tests.
B. Tolerances:
1. Finish Grading of Excavations, Backfill and Fills:
a. Perform fine grading under concrete structures such that finished surfaces are never above established grade or approved cross section and are never more than 0.10 feet below.
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b. Provide finish surface areas outside of structures that are not more than
0.10 feet above or below established grade or accepted cross section.
2. Of Areas Which Are Not under Structures, Concrete, Asphalt, Roads, Pavements, Walks, Dikes and Similar Type Items:
a. Provide finish graded surfaces of either undisturbed natural soil, or cohesive material not less than 6 inches deep.
b. Intent of preceding is to avoid sandy or gravelly areas.
3. Finished Grading Surfaces:
a. Reasonably smooth, compacted, and free from irregular surface changes. b. Provide degree of finish that is ordinarily obtainable from blade grader operations, except as otherwise specified.
c. Uniformly grade areas which are not under concrete.
d. Finish gutters and ditches so that they drain readily.
W.05 WET WEATHER AND WET SOIL CONDITIONS
A. To the maximum extent possible within schedule constraints, major excavation should take place during periods of suitable weather conditions.
B. When the moisture content of fill materials is significantly above optimum:
1. Scarify and airs dry until fill materials have a suitable moisture content for compaction; or
2. Over-excavate the fill and replace with suitable on-site or import materials with an appropriate moisture content; or
3. Install a geotextile or geogrid to reinforce soft fill; and/or
4. Chemically treat with lime, kiln-dust, or cement to reduce the moisture content and increase the strength of the fill.
W.06 ADJUSTING
A. Finish Grades of Excavations, Backfilling and Fill:
1. Repair and reestablish grades to required elevations and slopes due to any settlement or washing way that may occur from action of the elements or any other cause prior to final acceptance.
W.07 PROTECTION
A. Finish Grades of Excavations, Backfilling and Fill:
1. Protect newly graded areas from action of the elements.
B. Ditches and Gutters:
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1. Maintain ditches and gutters excavated free from detrimental quantities of debris that might inhibit drainage until final acceptance.
312300 – EXCAVATION SUPPORT AND PROTECTION
X. GENERAL
X.01 SUMMARY
A. Section Includes:
1. Requirements for designing, furnishing and installing, maintaining, and removing excavation support and protection.
2. Monitoring vibration and settlement.
B. Related Sections:
1. Technical Specification Section 31 00 00 - Earthwork.
X.02 REFERENCES
A. American Institute of Steel Construction, Inc. (AISC):
1. Manual of Steel Construction Allowable Stress Design.
B. American Society of Civil Engineers:
1. Guidelines of Engineering Practice for Braced and Tied-Back Excavations.
C. California Code of Regulations (CCR):
1. Title 8 - Construction Safety Orders.
D. California Labor Code Sections 6705 to 6707 (CLC).
E. Department of the Navy Naval Facilities Engineering Command (NAVFAC):
1. NAVFAC Design Manual 7.2 - Foundations and Earth Structures.
2. NAVFAC Design Manual 7.3 - Soil Dynamics Deep Stabilization and Special Geotechnical Construction.
F. International Code Council (ICC)/California Building Standards Commission (CBSC):
1. International Building Code (IBC).
2. California Building Code (CBC).
G. State of California Department of Transportation (CALTRANS):
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1. CALTRANS California Trenching and Shoring Manual.
H. United States Steel Corporation (USS):
1. USS Steel Sheet Piling Design Manual.
I. CAL-OSHA the Division of Occupational Safety and Health X.03 DEFINITIONS
A. General Engineering Design Practice: General engineering design practice in area of the Project, performed in accordance with recent engineering literature on subject of shoring and stability of excavations.
B. Shoring: A temporary structural system designed to support vertical faces, or nearly vertical faces, of soil or rock for purposes of excavation. Shoring includes internally braced sheet piling, slurry walls, soldier piles and lagging, and other similar shoring systems. Sloping of the soil is not shoring.
C. Sheetpile Shoring: An excavation support system consisting of fully-interlocking steel sheetpiles driven, vibrated, or hydraulically pushed into place.
X.04 CONTRACTOR’S RESPONSIBILITIES
A. CONTRACTOR assumes full and complete responsibility for excavation support and protection, including shoring design and installation.
B. The review of CONTRACTOR’s shoring system design, submittals and/or installations by the ENGINEER does not relieve CONTRACTOR of his responsibility for excavation safety.
This requirement shall apply continuously and is not limited to normal working hours.
C. CONTRACTOR’s reliance upon documents furnished by CITY does not provide relief from these requirements.
D. The type and design of shoring and protection methods that meet the specification requirements herein are the Contractor’s responsibility. Shored Excavations shall be of a size large enough to facilitate all the necessary groundwater control, construction operations, and to accommodate indicated connections to other reaches of the Project. Shoring design is subject to review and approval by the Engineer.
E. Contractor shall be responsible to monitor and limit impact of shoring system to existing buried utilities, structures and surface improvements.
F. Safety
1. The Contractor shall be solely responsible for, and bear the sole burden of cost for any and all damages resulting from improper shoring or failure to shore.
2. The safety of workers, the protection of adjacent structures, property and utilities, and the installation of adequate supports for all excavations shall be the sole responsibility of the Contractor.
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3. The design, planning, installation, and removal of all shoring shall be accomplished in such a manner as to maintain stability of the required excavation and prevent movement of soil that may cause damage to adjacent shoring systems, structures and utilities, damage or delay the Work, or endanger life and health.
X.05 SYSTEM DESCRIPTION
A. Excavation support systems shall be designed by or under the direct supervision of a Civil or Structural Engineer registered in the State of California who has a minimum of five (5) years’ experience in the design of soil retaining structures, and who shall stamp and sign the submittals and shop drawings.
B. Where General Engineering Design Practice is specified, provide drawings and signed calculations and have design performed by civil or structural engineer registered in California.
1. Provide design calculations that clearly disclose assumptions made, criteria followed, and stress values used for the materials being used.
2. Furnish references acceptable to ENGINEER substantiating appropriateness of design assumptions, criteria, and stress values.
C. Design Requirements:
1. General:
a. In all areas, excavation support systems shall be designed by the Contractor to support earth pressures, unrelieved hydrostatic pressures, bottom heave, utility loads, equipment, applicable traffic loads, and other surcharge loads in such manner as will allow safe construction and will prevent damage to adjacent structures (including existing pipelines and utilities) and injury to workers and the public.
b. Excavation support systems shall be designed to be compatible with the geologic conditions described in the Geotechnical Report and the conditions anticipated by the Contractor, including any adjacent slope support structures. Design excavation support systems in accordance with AISC and ACI code provisions, as applicable.
c. The support systems shall be designed to protect adjacent utilities and structures from damage and to maintain horizontal and vertical movements at safe levels.
d. Design means for safe and stable excavations in accordance with general engineering design practice.
1) The preceding requirement shall not apply to trench excavation support conforming to standards set forth in CCR Title 8 - Construction Safety Orders.
e. Design steel members in accordance with the California Building Code and the AISC Manual of Steel Design.
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f. Design shoring involving materials other than steel in accordance with California Building Code.
g. Perform design in accordance with soil characteristics and design recommendations contained in the Project Geotechnical Report issued by the City, titled “Geotechnical Investigation, Citywide Trash Capture Project 16-39 – Phase 1” (Cornerstone Earth Group, 2017) for Site 1A and Table 1 below.
Table 1: Temporary Shoring Design Parameters
Design Parameter Design Value
Minimum Lateral Wall Surcharge
(upper 5 feet)
120 psf
Cantilever Wall – Triangular Earth
Pressure
40 pcf
Restrained Wall – Trapezoidal Earth
Pressure
Increase from 0 to 25H*, ** psf
Passive Pressure – Starting at 2 feet
below the bottom of the excavation
400 pcf up to 2,00 psf maximum
uniform pressure
*H equals the height of the excavation, passive pressures are assumed to act over twice the soldier pile diameter
*The above pressures do not consider hydrostatic pressure due to groundwater.
The temporary excavations should be dewatered or the shoring designed for hydrostatic pressures.
h. When electing to design with material stresses for temporary construction higher than allowable stresses prescribed in the Manual of Steel Construction and the California Building Code, increase in such stresses shall not exceed 10 percent of value of prescribed stresses.
i. Minimum safety factor used for design shall not be less than 1.5. j. The calculated minimum depth of penetration of shoring below the bottom of the excavation shall be increased not less than 30 percent if the full value of passive pressure is used in the design.
k. The maximum height of cantilever shoring above the bottom of excavation shall not exceed 10 feet. Use braced shoring when the height of shoring above the bottom of excavation exceeds 10 feet.
l. The location of the point of fixity for shoring shall not be less than half the calculated minimum embedment depth below the bottom of the excavation. m. Generally acceptable references for the design of shoring and excavations are as follows:
1) CALTRANS California Trenching and Shoring Manual.
2) NAVFAC Design Manual 7.2 - Foundations and Earth Design. 3) NAVFAC Design Manual 7.3 - Soil Dynamics Deep Stabilization and Special Geotechnical Construction.
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4) USS Steel Sheet Piling Design Manual.
5) Guidelines of Engineering Practice for Braced and Tied-Back Excavations published by American Society of Civil Engineers. n. Shoring design shall be performed by a Civil or Structural Engineer licensed to practice in California. Include costs for this shoring design in the bid.
2. Soldier Piles and Lagging:
a. Soldier pile and lagging systems shall not be used in areas where bay mud soils are present.
b. Provide lagging over the full face of the excavation. Joints between pieces of lagging shall be tight to prevent loss of soil.
c. Provide full face lagging all around penetrations through the lagging. d. If the soldier piles are installed in predrilled holes, the predrilled holes shall be filled with control density backfill after the soldiers piles are installed. e. The effective width of driven soldier piles for passive soil resistance shall not exceed 2 times the width of the pile. The effective width of concrete encased soldier piles for passive soil resistance shall not exceed 2 times the width of the concrete encasement.
f. Fill voids behind lagging with gravel or other material acceptable to the ENGINEER.
g. Apply loads from tie back soil, rock, or deadman anchors concentrically to soldier piles or wales spanning between soldier piles. Wales shall be back-toback double channels or other members acceptable to the ENGINEER.
Eccentrically loaded with section soldier piles or wales are not acceptable.
3. Soil Anchors, Rock Anchors, and Deadmen Anchors:
a. Design tie back anchors for a safety factor of not less than 2 times the calculated load from the shoring.
b. Proof load all production anchors to not less than 125 percent of the calculated load from the shoring. Lock off anchors at the calculated anchor load.
c. The length of soil anchors used to calculate resistance to load from the shoring, shall not include any length within the potential active pressure soil failure zone behind the face of shoring.
d. Apply load from anchors concentrically to wales and other shoring members.
e. Design tie rods for anchors for 130 percent of the calculated load from the shoring.
f. Design tie rods for anchors for 150 percent of the calculated load from the shoring when tie rod couplers are used and for other conditions where stress concentrations can develop.
4. Sheet Piles (Fully-Interlocking)
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a. Materials
1) Steel sheet piling shall meet requirements of ASTM A857. 2) Corners, tees, wyes, and crosses shall meet requirements of ASTM A328 or ASTM A690.
3) Structural Steel shall meet the requirements of ASTM A 36, or better, unless approved otherwise.
b. All structural steel used for supporting systems, whether new or used, shall be sound and free from defects which may impair their strength. c. Interlocks between steel sheet pile sections shall be configured such that the average width of annular space between all contact points of the interlocks shall be a maximum of one-eighth (1/8) inch. Sheet piles and interlocks shall not have excessive kinks, camber, or twist that would prevent the pile from reasonably free sliding.
d. Provide restraint or bracing as necessary to prevent detrimental lateral deflection and settlement.
e. Design shoring to support earth pressures as well as adjacent loads, including construction vehicles and other incidental surcharge loads. f. Sheet piling shall be unspliced, unless otherwise reviewed and accepted by the Engineer.
5. Improvised shoring systems consisting of hydraulic speed shores, steel plates, trench boxes/shields or combinations thereof are not allowed.
D. Performance Requirements:
1. General:
a. Support faces of excavations and protect structures and improvements in vicinity of excavations from damage and loss of function due to settlement or movement of soils, alterations in ground water level caused by such excavations, vibration associated with installation and removal of excavation support structures, and related operations.
b. Herein Specified Provisions:
1) Complement, but do not substitute or diminish, obligations of CONTRACTOR for the furnishing of a safe place of work pursuant to provisions of the Occupational Safety and Health Act of 1970 and its subsequent amendments and regulations and for protection of the Work, structures, and other improvements.
2) Represent minimum requirement for:
a) Number and types of means needed to maintain soil stability. b) Strength of such required means.
c) Methods and frequency of maintenance and observation of means used for maintaining soil stability.
2. Provide safe and stable excavations by means of sheeting, shoring, bracing, sloping, and other means and procedures, such as draining and recharging DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 CITY OF EMERYVILLE Section 40 05 59
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groundwater and routing and disposing of surface runoff, required to maintain the stability of soils and rock.
3. Provide support for trench excavations for protection of workers from hazard of caving ground.
4. Provide Shoring:
a. Where, as result of excavation work and analysis performed pursuant to general engineering design practice, as defined in this Section:
1) Excavated face or surrounding soil mass may be subject to slides, caving, or other types of failures.
2) Stability and integrity of structures and other improvements may be compromised by settlement or movement of soils, or changes in soil load on structures and other improvements.
b. For trenches 5 feet and deeper.
c. For trenches less than 5 feet in depth, when there is a potential for cave-in. d. Where indicated on the Drawings.
5. For safe and stable excavations, use appropriate design and procedures for construction and maintenance to minimize settlement of supported ground and to prevent damage to structures and other improvements, including:
a. Using stiff support systems.
b. Following appropriate construction sequence.
c. Preventing soil loss through or under support system. 1) Provide support system that is tight enough to prevent loss of soil and extend deep enough to prevent heave or flow of soils from supported soil mass into the excavation.
d. Providing surface runoff routing and discharge away from excavations. e. Where dewatering is necessary, recharge groundwater as necessary to prevent settlement in area surrounding excavation.
f. Where sheet piling is used, use interlocking type sheets including interlocking corners. The sheet piles shall be continuous and driven in interlock. If the bottom of the excavation is located below the water table, use "thumb and finger" type interlock.
g. Not applying shoring loads to existing structures and other improvements. h. Not changing existing soil loading on existing structures and other improvements.
i. Provide welded steel packing between soil retaining members such as sheet piles and wales and similar members when the gap exceeds 1/2 inch before the wales are loaded.
6. Do not use cantilever sheet pile shoring. When sheet piling is used, provide a braced system with a minimum of 2 levels of wales and braces. Locate top level of wales and bracing within 5 feet of the top of the sheets.
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7. Use template for driving sheet piles to minimize need for pulling and redriving sheet piles in the attempt to drive them plumb in areas where bay mud is present.
X.06 SUBMITTALS
A. Describe equipment and procedures used to construct shoring systems (sheetpile, lagging, etc.)
B. Describe procedure for sealing corners, where necessary.
C. Shop Drawings and Calculations:
1. In accordance with requirements in California Labor Code for trench excavations 5 feet or more in depth and for trenches less than 5 feet in depth when there is potential for cave-in. Submit in advance of excavation work, detailed drawings showing means for safe and stable excavations.
a. Where such drawings vary from excavation support standards set forth in California Code of Regulations Title 8 - Construction Safety Orders, submit design calculations pursuant to general engineering design practice. b. Provide means for safe and stable excavations that are not less effective than required in CCR Title 8 - Construction Safety Orders.
2. For excavations other than trenches, submit, in advance of excavation work, design calculations as performed pursuant to general engineering design practice, as specified in this Section, and detail drawing showing means for safe and stable excavations. In design calculations and detail drawing, cover, as a minimum:
a. Excavations adjacent to structures and other improvements, and b. Excavations 5 feet or more in depth, or less than 5 feet in depth when there is potential for cave-in, at other locations.
3. Submit Following:
a. Provide calculations for the different load, support, and other conditions that occur during the sequence of installation of shoring, construction of facilities protected by the shoring, and sequence of removal of shoring. b. Provide sketches showing the condition at various stages of installation and removal of shoring.
c. Show structures, pipelines, and other improvements located near the shoring, and the shoring on a plan.
d. When utilities penetrate the shoring, submit an elevation of all sides of the shoring showing the locations of the penetrations. Submit details on ground support and sealing around utility penetrations.
D. Detailed dewatering plan showing all proposed facilities to protect excavations from groundwater intrusion, methods of discharge, and provisions for complying with the DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 CITY OF EMERYVILLE Section 40 05 59
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Special Provisions Section 19 - Storm Water Pollution Prevention Measures and any regulatory permits.
E. Control Points and Schedule of Measurements:
1. Submit location and details of control points and method and schedule of measurements in accordance with requirements of this Section.
2. Promptly upon constructing control points and making measurements at such control points, as specified in this Section, submit copy of field notes with such measurements. The field notes shall show the current measurement and the change in measurement from the first measurement taken.
F. Vibration Monitoring and Schedule of Measurements:
1. Submit location and details of vibration monitoring points and method and schedule of measurements in accordance with requirements of this Section.
2. Promptly upon constructing vibration monitoring points and making measurements at such points, as specified in this Section, submit copy of field notes with such measurements. The field notes shall show the current measurement and the change in measurement from the first measurement taken.
G. Detailed Sequence of Installation and Removal of Shoring:
1. Consider effects of ground settlement in the sequence of installation and removal of shoring.
2. Provide sketches showing the conditions at various stages in the sequence of installation and removal of shoring.
3. Clay and silt may stick to sheet piles when sheet piles are removed.
H. Submit submittals for stability of excavations as a complete package and include all items required in this section. Incomplete submittals will not be reviewed and will be returned for resubmittal as a complete package. Complete submittal shall include all necessary information regarding the dewatering system as specified in Technical Specification Section 18.
X.07 SEQUENCING AND SCHEDULING
A. Do not begin work on excavations, trenches, and means for providing stability of excavation and trenches until submittals have been accepted by ENGINEER and until materials necessary for installation are on site.
B. Submit submittals a minimum of 30 days prior to the scheduled date to begin excavation work.
C. Do not begin construction of any shoring or excavation operations until:
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1. Control points as specified in this Section and as indicated on the Drawings on existing structures and other improvements have been established and surveyed to document initial elevations and locations.
Y. EXECUTION
Y.01 GENERAL
A. Excavations and site development shall commence only after approval of applicable submittals by the Engineer. Install excavation support systems in accordance with approved submittals.
B. Excavation shall be performed in accordance with the requirements of Technical Specification Section 14 - Earthwork, and Technical Specification Section 15 - Structural Excavation and Earthwork, and in sequence with installation of shoring and bracing in a manner that limits settlement of surrounding ground and adjacent utilities, structures, or roads and so as to offer no hazard to building movement or occupancy, train, truck, or automobile operations.
C. The Contractor shall notify the Engineer not less than 15 days before beginning any excavation.
D. The Contractor shall conduct all excavation, shoring, temporary facilities, materials storage, and construction traffic within the construction zones established for this project. All Work shall be in accordance with applicable permits.
E. At least 48 hours prior to excavation, but not more than 10 days prior to excavation, the Contractor shall notify USA to request marking of utilities by utility owners / operators that subscribe to USA, and shall individually notify all other known or suspected utilities to request marking of their utilities. The Contractor shall confirm that all requested locates are made prior to commencing excavation operations.
Contractor shall make all diligent efforts to locate any unmarked or abandoned utilities using all available information, maps, and drawings. The Contractor shall visually confirm and stake all existing lines, cables, or other underground facilities including exposing all crossing utilities and utilities within ten (10) feet laterally of the designed extent of the excavation work, including portal stability work.
F. All welding shall conform to the applicable provisions of ANSI/AWS D1.1.
Y.02 PRE-CONSTRUCTION SURVEY AND VIBRATION MONITORING
A. The Contractor shall provide a pre-construction survey of adjacent properties within 100 feet of the proposed work. The preconstruction survey shall include but not be limited to documenting (photographing, video recording, and measuring) any existing cracks or other distress within the existing structures and perimeter sidewalks and pavements. The Contractor shall expose the existing CMP arch culvert and PG&E gas line within the area of new work and survey the utility. The construction manager and a representative of the CITY shall be present at the pre-construction survey to verify DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 CITY OF EMERYVILLE Section 40 05 59
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the pre-existing conditions. The Contractor shall notify the adjacent property owners within 300 feet of the project site prior to the commencement of the shoring work. The Contractor shall establish locations reviewed and approved by the City to be monitored by the Contractor's licensed Land Surveyor for movement and tilting during the course of the work, including the existing CMP arch culvert and gas line. The Contractor shall be responsible to survey the locations prior to the start of the work and during the course of the work as designated on the shop drawing submittal.
B. The Contractor shall install the shoring without causing movement and/or cracking of the adjacent properties. The Contractor shall perform Vibration Monitoring during Installation of the shoring. The maximum permissible peak particle velocity shall be 0.5 in/sec with no distance criterion. If the peak particle velocity is exceeded or if movement and/or cracking of the adjacent structures is detected, the shoring installation process shall be suspended and shall not proceed until the process is modified as needed to prevent further movement and/or cracking. If other methods of ground improvement, such as localized compaction grouting are needed to reduce vibrations, they shall be performed by the Contractor within the lump sum included in the bid. The cost of the surveying shall be included in the base price of the bid.
1. Establish vibration monitoring points on structures and other improvements in vicinity of excavation for measurement of vibration velocities. a. Set points at corners and along sides of existing structures, utilities and other improvements as required. Points along sides shall be set at distances not exceeding 25 feet.
b. Perform vibration monitoring at least once every two hours during installation and during removal of shoring.
Y.03 CONTROL POINTS
A. Establish control points on shoring and on structures and other improvements in vicinity of excavation for measurement of horizontal and vertical movement.
1. Set Control Points On Shoring Support System:
a. Set points at distances not exceeding 25 feet at each support level. b. Support levels shall be levels of tie-backs, wales, bottom of excavation, and other types of supports.
2. Set control points in corners of existing structures and on curbs, manholes, and other improvements as required, including CMP arch culvert and gas line within work area.
B. Provide plumb bobs with horizontal targets indicating original position of plumb bobs in relation to shoring at control points located on shoring.
C. Perform horizontal and vertical survey and measurement of control points at least once every week.
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Y.04 INSTALLATION AND REMOVAL
A. Install means for providing safe and stable excavations as indicated in the submittals.
B. Except for concrete encased soldier piles, slurry walls, and similar shoring systems, remove shoring by completion of the Work. Select shoring system and method of removal, which will minimize soil that sticks to shoring from creating large voids and causing settlement. To prevent settlement caused by pulling shoring, fill voids with sand, pea gravel, or pressure injected grout. The methods used shall prevent settlement. Pressure preservative treated wood lagging may be left in place when acceptable to the ENGINEER.
C. Sheet Pile Driving:
1. Steel sheetpiling shall be used only where the existing subsurface conditions are suitable for the installation of sheetpiling.
2. Steel sheet piling shall be assembled prior to driving and then driven as a continuous wall, progressively in stages to keep piles aligned correctly and minimize breakage at the interlock between sheets.
3. Sheetpile corners shall be installed with interlocks and bulbs properly engaged for full depth of sheetpiles. If interlocks and bulbs cannot be properly engaged for full depth, corner connections shall be welded continuously to seal all cracks and avoid inflows of groundwater and soils.
4. A driving head shall be used and any piling damaged during driving or which has broken interlocks between sections shall be removed and replaced at Contractor’s expense.
5. Horizontal deviation of any point from a straight line connecting the two ends of the wall section shall be a maximum of six (6) inches.
6. Individual sheet pile sections shall be driven vertical, within a horizontal tolerance of two percent (2%) of any vertical length measured along the pile.
7. Drive piles per manufacturer recommendations, and to avoid deformations to the top of piles, splitting of sections, or breaking of interlocks.
D. Internal Bracing and Support System
1. The internal bracing support systems shall include wales, struts, and/or shores where necessary.
a. Struts with intermediate bracing shall be provided as needed to enable shafts to carry maximum design load without distortion or buckling. b. Web stiffeners, plates, or angles shall be included as needed to prevent rotation, crippling, or buckling of connections and points of bearing between structural steel members. Allow for eccentricities caused by field fabrication and assembly.
c. All bracing support members shall be installed and maintained in tight contact with each other and with the surface being supported.
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d. Bracing members shall be preloaded by jacking struts, if necessary, to control shoring movement. Bracing members shall be preloaded in accordance with methods, procedures, and sequence as described in the approved submittals. Excavation work shall be coordinated with installation of bracing and preloading. Steel shims and steel wedges shall be welded or bolted in place to maintain the preloading force in the bracing after release of the jacking equipment pressure. Support and preload shall be installed immediately after installation and prior to continuing excavation. e. Procedures that produce uniform loading of bracing members shall be used without eccentricities or overstressing and distortion of members of system.
2. Tiebacks shall be used where proposed in conjunction with or in lieu of struts, bracing and shores. Tiebacks shall be designed, installed, and tested in accordance with recommendations of the Post Tensioning Institute. On-site tests shall be performed to demonstrate adequacy of tiebacks for subsurface conditions. Tieback lengths shall be adequate to obtain anchorage behind potential failure plane of excavation. Conduct proof-tests, performance tests, and lift-off tests of the tieback systems to verify capacity and lock-off load.
Tieback locations, elevations, and lengths shall be included in the as-built drawings.
3. Internal supports, including wales, struts, and corner braces, shall be installed sequentially as the shaft is excavated. At no time shall the unsupported excavation depth exceed the design spacing plus 2 feet of horizontal support members as shown on approved submittals. All internal supports shall be installed within +/- 3 inches of design locations shown on approved submittals.
4. Struts shall be installed and preloaded by jacking to 50% of design capacity, before excavation resumes. Steel wedges, or shims, shall be installed and welded in place to lock in preloaded stresses and prevent excessive lateral deformations.
5. To prevent accidental or unauthorized entry, the top of the shoring system shall extend not more than 5 feet and not less than 3 feet above natural ground surface, unless approved protective handrail is provided.
6. Safety rails shall be installed in accordance with applicable safety regulations.
E. No portion of the excavation supports shall be removed until support can be removed without damage to existing facilities, completed Work, or adjacent property.
F. Excavation support shall be removed in a manner that will maintain support as excavation is backfilled and will not leave voids in backfill. Removal of the support system shall be performed in a manner that will not disturb the pipeline, the compacted backfill, or adjacent construction or facilities.
G. Any void left by shoring system or voids created by the removal of the shoring system shall be filled with controlled density fill, as approved by the Engineer to provide soil support between backfill zone and the native soil.
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H. Sheet piling removal shall be performed in a manner that will avoid consolidation of sandy or granular material below or surrounding the excavation that could lead to settlement of the pipeline or other works of construction.
I. The support system removed from the excavation shall remain the property of the Contractor and shall be removed from the site
Y.05 CONSTRUCTION DEWATERING
A. It is expected that groundwater will be encountered during excavation for the treatment device and associated diversion structures. See Technical Specification Section 18 –Dewatering and Stormwater Management.
Y.06 MAINTENANCE
A. Where loss of soil occurs, plug gap in shoring and replace lost soil with fill material acceptable to ENGINEER.
B. Where measurements and observations indicate possibility of failure or excessive movement of excavation support, determined in accordance with general engineering design practice, take appropriate action immediately.
313219 – FILTER FABRIC AND GEOTEXTILES
Z. GENERAL
Z.01 SUMMARY
A. Section Includes: Engineering Fabrics (Geotextiles).
Z.02 REFERENCES
A. American Society for Testing and Materials (ASTM):
1. D 3776 - Test Methods for Mass per Unit Area (Weight) of Woven Fabric.
2. D 4491 - Test Methods for Water Permeability of Geotextiles by Permittivity.
3. D 4632 - Test Method for Grab Breaking Load and Elongation of Geotextiles.
Z.03 DEFINITIONS
A. Filter Fabric: Nonwoven filter fabric manufactured from polyester, nylon, or polypropylene material, or any combination thereof.
B. Geotextile: Woven Polypropylene geotextile fabric
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Z.04 PROJECT CONDITIONS
A. Take field measurements to determine the exact lengths and dimensions of the surfaces to receive the fabric.
Z.05 SUBMITTALS
A. Product Data.
B. Samples.
C. Quality Control Submittals:
1. Certificates of Compliance.
2. Manufacturer's Instructions.
Z.06 DELIVERY, STORAGE, AND HANDLING
A. Storage and Protection:
1. Furnish engineering fabrics in protective covers capable of protecting the fabric from ultraviolet rays, abrasion, and water.
AA. PRODUCTS
AA.01 MANUFACTURERS
A. Filter Fabric for Underdrains - One of the Following or Equal:
1. Amoco, Style 4550.
2. Nicolon, Mirafi 140NC.
B. Geotextile for stabilization of subgrade beneath diversion and treatment device structures - One of the Following or Equal:
1. Mirafi, 600X Geofabric
2. Amoco, Style 2006
C. Geocomposite Salt Barrier under landscape planting strip – One of the following or equal:
1. Terram Salt Barrier
AA.02 MATERIAL REQUIREMENTS
A. Physical Properties: Filter Fabric to meet the following minimum requirements.
Property Test Value Test Method
Minimum Weight
5.4 ounces per
square yard ASTM D3776
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Property Test Value Test Method
Minimum Grab Tensile
Strength 150 pounds ASTM D4632
Minimum Elongation at
Break 50% ASTM D4632
Minimum Puncture Strength 80 pounds ASTM D4833
Minimum Burst Strength
300 pounds per
square inch ASTM D3786
Minimum Apparent Open
Size #70 ASTM D4751
Minimum Permittivity 1.0 per second ASTM D4491
Minimum UV Resistance 70% ASTM D4355
B. Physical Properties: Geotextile to meet the following minimum requirements.
Property Test Value Test Method
Minimum Weight
4.0 ounces per
square yard ASTM D5261
Minimum Grab Tensile
Strength 200 pounds ASTM D4632
Minimum Grab Tensile
Elongation 10% ASTM D4632
Minimum Puncture Strength 90 pounds ASTM D4833
Minimum Burst Strength
400 pounds per
square inch ASTM D3786
Minimum Apparent Open
Size #50 ASTM D4751
Minimum Permittivity 0.05 per second ASTM D4491
Minimum UV Resistance 70% ASTM D4355
C. Physical Properties: Geocomposite to meet the following minimum requirements.
Property
Value
(Machine
Direction)
Test Method
Thickness 5.5 mm EN 964
Tensile Strength 30 kN/m EN ISO 10319
Puncture Resistance 5000 N EN ISO 12236
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Property
Value
(Machine
Direction)
Test Method
In plane water flow (20kPa) 0.50 l/m.s EN ISO 12958
In plane water flow (200kPa) 0.25 l/m.s EN ISO 12958
BB. EXECUTION
BB.01 PREPARATION
A. Surface Preparation: During grading operations, take care not to disturb or scarify the subgrade. This may require use of lightweight dozers for low strength soils such as saturated, cohesion-less, or low cohesion soils. Re-compact to minimum 95 percent at maximum density if subgrade is scarified.
B. Prior to placement of fabric; prepare surface to smooth conditions free of debris, depressions, or obstructions which may damage the fabric.
C. Expose existing salt barrier and plastic liner in landscape strip, cut existing materials as needed to perform work. Overexpose existing geotextile at the edge of excavation as needed to overlap with new replaced materials.
BB.02 INSTALLATION
A. Follow manufacturer's installation instructions and as complimented herein.
B. Place the fabric smoothly without folds or wrinkles.
C. Use special care when placing the fabric in contact with the soil so that no void spaces occur between the geotextile and the prepared surface.
D. Overlap the fabric sheets as indicated on the Drawings or according to manufacturer's installation, whichever is greater.
E. Where salt barrier and plastic sheeting are replaced adjacent to existing geotextiles; excavate and expose existing geotextile. Overlap and secure new geotextile onto existing material per manufacturer’s recommendation.
F. Place drainage aggregate on the geotextile as specified.
BB.03 FIELD QUALITY CONTROL
A. Inspection: Before covering, the conditions of the fabric will be observed by the ENGINEER to determine that no holes or rips exist in the fabric. Repair all such occurrences by placing a new layer of fabric extending beyond the defect in all directions a distance equal to the minimum overlap required for adjacent rolls.\ DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 CITY OF EMERYVILLE Section 40 05 59
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SECTION 334443 – HYDRODYNAMIC SEPARATOR STORM
WATER TREATMENT DEVICE
PART 29 -- GENERAL
29.1 THE REQUIREMENT
A. The CONTRACTOR shall provide all materials, equipment, and labor necessary to furnish and install the Storm Water Treatment Device at Sunset Drive and East Stanley and all appurtenant work, complete in place, as shown on the Drawings and as specified herein.
29.2 RELATED WORK SPECIFIED ELSEWHERE
A. Section 312300 Excavation Support and Protection
Section 312323 Structural Fill
29.3 REFERENCE SPECIFICATIONS, CODES, AND STANDARDS
A. Federal Specifications and Standards:
1. Regional Water Quality Control Board (RWQCB) NPDES Municipal Permit No. R2-2015- 0049 (2015) Section C.10 Trash Capture
B. Commercial Standards:
ASTM A 615
Standard Specifications for Deformed and Plain
Carbon-Steel Bars for Concrete Reinforcement.
ASTM D 3787 Standard Test Method for Bursting Strength of TextilesConstant- Rate-of- Traverse Ball Burst Test.
ASTM F 716 Standard Test Method for Sorbent Performance of Absorbents.
29.4 ABBREVIATIONS
A. Storm Water Treatment Device: SWTD
29.5 CONTRACTOR SUBMITTALS
A. Product Data.
B. Manufacturer's Published Installation Instructions.
C. Certificates:
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1. Submit manufacturer's certificate attesting that SWTD meets specified requirements.
2. Manufacturer's certification of date and location of manufacture SWTD.
D. Qualifications of installation crew for SWTD.
E. Submittal drawings that detail the SWTD and all components required:
1. System configuration and dimensions.
2. Interior components.
3. Any accessory equipment.
F. Inspection and maintenance documentation.
29.6 QUALITY ASSURANCE
A. Contractor shall obtain a “Manufacturer’s Performance Certificate” certifying the SWTD is capable of achieving the specified removal efficiency for suspended solids as typically found in storm water runoff.
B. The SWTD manufacturer shall provide a certification from a Licensed Civil Engineer that the SWTD unit(s) will remove a minimum of 80% of total suspended solids (of the size fractions typical for urban runoff or as required by local regulations) from the design flow rate.
C. Devices without these performance certifications will not be accepted.
D. Quality Control and Quality Assurance Records: Manufacturer shall maintain Quality Control and Quality Assurance records for a minimum of one year after manufacture of pipe and fittings associated with this project. Records shall be accessible by CITY at any time during this period.
E. Compliance Tests: In case of conflict with manufacturer's certifications, the Contractor, Engineer, or City may request retesting by the manufacturer or have retests performed by an outside testing service. All retesting shall be at the requestor's expense, and shall be performed in accordance with this Section.
29.7 DELIVERY, STORAGE, AND HANDLING
A. Delivery:
1. SWTD shall be shipped to the CONTRACTOR’s address or job site.
2. The CONTRACTOR shall offload the unit and shall place the SWTD in the exact site of installation.
B. Storage and Handling:
1. The Contractor shall exercise care in the storage and handling of the SWTD and all components prior to and during installation.
2. The Contractor is responsible for any repair or replacement costs associated with events DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 CITY OF EMERYVILLE Section 40 05 59
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occurring after delivery is accepted and unloading has commenced.
3. The SWTD and all components shall be stored indoors and transported inside the original shipping container until the unit is ready to be installed.
4. The SWTD shall be handled with care and lifted according to OSHA and NIOSA lifting recommendations.
29.8 WARRANTY
A. The manufacturer shall guarantee the SWTD against all manufacturing defects in materials and workmanship for a period of (5) years from the date of delivery to the project site. The manufacturer shall be notified of repair or replacement issues in writing within the warranty period.
PART 30 -- PRODUCTS
30.1 STORM WATER TREATMENT DEVICE
A. The SWTD shall be a certified full capture device by the Regional Water Quality Control Board, and have a letter from the board included in the submittal. The SWTD must trap all particles 5mm in diameter or greater up to the design storm.
B. The SWTD shall be a pre-engineered inline hydrodynamic separation system.
C. The SWTD shall be composed of:
1. Multiple sediment removal chambers.
2. A screening system designed to capture and store solid debris such as foliage and litter in a dry state above the static water line.
3. A skimmer system to capture oils, grease, and floating pollutants.
30.2 MANUFACTURERS
A. One of the following or equal:
1. OldCastle Precast, Inc.:
7100 Longe Street, Suite 100
Stockton, CA 95206
Phone: (925) 667-7100
Oldcastlestormwater.com
2. Bio Clean Environmental Services, Inc.:
398 Via El Centro
Oceanside, CA 92058
Phone: (760) 433-7640
Fax: (760) 433-3176
www.biocleanenvironmental.com
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30.3 COMPONENTS
A. The SWTD (SWTD) and all of its components shall be self-contained within a concrete structure.
1. The concrete structure shall be constructed with a minimum 28 day compressive strength of 5,000 psi, with reinforcing per ASTM A 615, Grade 60.
2. The concrete structure shall support a minimum H-20 loading as indicated by AASHTO.
3. All seams and connection points shall be sealed water tight with non-shrink grout in accordance with manufactures recommendations and project specifications.
30.4 SCREENING SYSTEM
A. Screen Frame shall be constructed of stainless steel grade 316.
1. All joints and seams shall be welded or fastened together with stainless steel hardware.
2. All sides of screen frame shall be fixed.
3. The top section of the screen frame shall have one of the following, open top, hinged top section, or a track guided sliding top section per the Drawings.
4. The bottom section of the basket frame shall be a minimum of 3 inches above static water line and use a series of hinges to allow the bottom section to open to allow access to the sediment chambers located below in the lower portion of SWTD.
B. Screens shall be manufactured of 100% louvered expanded stainless steel grade 316.
1. The screen shall be capable of capturing and retaining 100% of pollutants greater than or equal to 4.7mm regardless if specific gravity for flows up to the device’s rated treatment capacity,
2. Screens shall have openings that face opposite the flow of passing stormwater to provide continuous shielding and prevent clogging
30.5 OIL SKIMMER
A. The skimmer system shall be mounted to the skimmer wall and located between the end of the screening system and the outlet pipe.
B. Skimmer wall shall be constructed of concrete with a minimum 28 day compressive strength of 5,000 psi, with reinforcing per ASTM A 615, Grade 60.
C. Oil Skimmer Cage
1. Oil Skimmer Cage shall be constructed of stainless steel frame with flattened expanded stainless steel.
2. Housing shall have a hinged top section.
3. Oil Skimmer Cage shall be secured to the skimmer wall with stainless steel hardware.
D. Media Filtration Boom
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1. Media Filtration Boom shall be made of granulated oil absorbing polymers that have been tested in accordance with section 11.2 of ASTM F 716.07 and held with a netting. a. Oil absorbing polymers must be proven to absorb 180% of its weight within a 300 second contact time, and at this absorption percentage the physical increase in size shall not be more than 50%.
b. Boom netting shall be 100% polyester with a number 16 sieve size, and strength tested per ASTM D787.
c. Filter netting shall be 100% polyester with a number 16 sieve size and strength tested per ASTM D 3787.
30.6 SEDIMENT CHAMBERS
A. Baffle Walls shall be constructed of concrete with a minimum 28 day compressive strength of 5,000 psi, with reinforcing per ASTM A 615, Grade 60.
B. Turbulence Deflectors shall be manufactured of 100% marine grade polyester resin and fiberglass strands or stainless steel and be mounted to the concrete baffles with stainless steel hardware.
1. The turbulence deflectors should be sized to effectively eliminate scouring and resuspension of previously captured sediments in the sediment removal chambers.
2. The turbulence deflectors shall create a flow pattern that encourages suspended solids in influent flows to settle out and accumulate at the bottom of the SWTD.
3. All fiberglass deflectors shall be coated with a polyester gel coating with ultra violet inhibitors incorporated into the coating for maximum ultra violet protection. a. Fiberglass must have a minimum thickness of 3/16”.
30.7 REMOVAL EFFICIENCIES
A. The SWTD shall be capable of capturing and retaining 100% of all materials greater than or equal to 4.7 mm and at flow rates listed on submittal drawings.
B. The SWTD shall not release material during flow events greater than the design flow rate. All removal efficiencies shall be tested in accordance with these specifications
30.8 HYDRAULIC CAPACITY
A. The SWTD shall provide a rated hydraulic capacity, which is consistent with governing water treatment regulations.
1. The hydraulic capacity shall be supported by independent third-party testing.
30.9 STORAGE CAPACITY
A. The SWTD must have multiple sediment removal chambers for storage of sediments and other non-floatable pollutants.
1. The volume of each sediment removal chamber shall be called out on the submittal DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 CITY OF EMERYVILLE Section 40 05 59
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drawings.
2. The SWTD shall have a skimmer to capture hydrocarbons. a. The skimmer shall be equipped with storm booms per these specifications. b. The storm boom shall be capable of capturing up to 180% of its weight in oils & grease along with other emulsified and free floating hydrocarbons and tested per these specifications.
30.10 POLLUTION SEPARATION
A. The SWTD shall be equipped with a screening system capable of capturing and storing solid debris such as foliage and litter in a dry state above the static water line.
1. The debris captured by the screening system shall be stored a minimum of 3.5" above the static water line.
2. The screening system shall be located directly under the systems access hatch(s) to allow easy maintenance and removal of captured debris.
30.11 TEST PERFROMANCE
A. The SWTD shall meet all of the following performance standards.
1. The SWTD shall have full capture approval by a city or government agency.
a. Full capture is defined as 100% removal of all materials of a specific size as required by state and local regulations.
2. The SWTD shall be independently tested by a city or government agency to capture a minimum of 90% of all oils and grease along with other emulsified and free floating hydrocarbons.
3. The SWTD shall be independently field tested by a city or government agency and demonstrated to remove a minimum of 80% TSS.
PART 31 -- EXECUTION
31.1 INSTALLATION
A. General:
1. Install device as specified herein and where applicable, with manufacturer’s published instructions.
2. The Contractor shall furnish all labor, equipment, materials and incidentals required to install the (SWTD) device(s) and appurtenances in accordance with the drawings and these specifications.
B. Grading and Excavation:
1. Per Section 31 00 00 and 31 23 00 of these Specifications.
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C. Backfill:
1. Per Section 31 00 00 and 31 23 00 of these Specifications.
2. Backfill shall be placed with a minimum of 6” of crushed rock conforming to Section 31 00 00 under all concrete structures.
D. Compaction
1. Per Section 31 00 00 and 31 23 00 of these Specifications.
E. Concrete Structures
1. Concrete structures shall be lifted and placed in location specified on the Drawings after the backfill has been inspected by the governing agency.
31.2 TESTING
A. SWTD shall be tested for leaks prior to acceptance from the Engineer.
31.3 INSPECTION
A. Contractor shall demonstrate that the SWTD has been properly installed at the correct location(s), elevations, and with appropriate components.
B. All components associated with the SWTD and its installation shall be subject to inspection by the ENGINEER at the place of installation.
C. Contractor shall demonstrate that the SWTD has been installed per the manufacturer’s specifications and recommendations.
D. All components shall be inspected by a qualified person once a year and results of the inspection shall be kept in an inspection log.
31.4 MAINTENANCE
A. Cleaning and debris removal and replacement of the storm booms shall occur as needed.
B. Qualified maintenance personnel shall perform required maintenance during the construction period.
C. Contractor shall provide an Operations and Maintenance Manual from the manufacturer.
1. Manual s hall have detailed information regarding the maintenance of the SWTD.
2. A maintenance and inspection record shall be kept by the maintenance operator and shall include any maintenance activities performed, amount and description of debris collected, and the condition of the storm booms
D. All debris, trash, organics, and sediments captured by the SWTD shall be transported and disposed of at an approved facility for disposal in accordance with local and state requirements.
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E. A maintenance manual, developed by the manufacturer, shall be provided to the City. -END OF SECTION40 05 59 – STAINLESS STEEL SLIDE GATES
PART 32 GENERAL
32.01 SUMMARY
A. Section Includes: Requirements for provision of slide gates including channel frame systems, gates and operating gear systems for service in raw sewage.
1. Provide manually operated gate actuators as shown on the Drawings and specified herein.
B. Related Sections:
1. Specification Section 03 15 00 – Concrete Accessories
32.02 REFERENCES
A. American Society for Testing and Materials (ASTM):
1. A 36 - Carbon Steel Plate.
2. A 536 - Ferritic Ductile Iron Castings.
B. American Iron and Steel Institute (AISI):
1. 303 - Stainless Steel
2. 304 - Stainless Steel
3. 316 - Stainless Steel
4. 4130 - Heat Treated Alloy Steel
5. 4140 - Heat Treated Hexagon Steel
C. American Water Works Association (AWWA).
1. C561 - Fabricated Stainless Steel Slide Gates
D. American Welding Society (AWS).
E. Research Council on Riveted and Bolted Joints (RCRBJ).
F. Steel Structures Painting Council (SSPC).
1. SSPC SP1 - Solvent Cleaning.
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2. SSPC SP2 - Hand Tool Cleaning.
3. SSPC SP3 - Power Tool Cleaning.
4. SSPC SP5 - White Metal Blast Cleaning.
5. SSPC SP6 - Commercial Blast Cleaning.
6. SSPC SP7 - Brush Off Blast Cleaning.
7. SSPC SP8 - Pickling.
8. SSPC SP10 - Near White Blast Cleaning.
9. SSPC SP 11 - Power Tool Cleaning to Bare Metal.
10. SSPC-SP 12 - High- and Ultrahigh-Pressure Water Jetting.
32.03 SUBMITTALS
A. The manufacturer shall submit to the Engineer for approval, certified shop and assembly drawings and performance data. The drawings shall show the dimensions, ratings, component parts, arrangements, and materials of construction for all items covered under this section.
B. Manufacturer shall supply six (6) sets of its standard submittals which shall contain the following:
1. Performance Data Including Seating and Unseating Heads
2. Materials Lists
3. Typical Installation Guides
4. Fabrication Drawings for Mounting Frame
5. Detailed Description and Dimensions of All Accessories Including Manually Actuated Operators
6. Lubrication and Maintenance Instructions
7. Technical Manuals
8. Parts Lists
9. Printed Warranty
C. Operation and Maintenance Manuals shall be furnished in accordance with Section 01 78 23 and the provisions contained in this Section.
32.04 QUALITY ASSURANCE
A. General: Flow control gates shall be suitable for their intended use to control sewage water as shown on the plans, and shall be designed and fully guaranteed for this use.
B. Standards: Equipment furnished under this Section shall be in full conformity and harmony with the intent to secure the best standard of construction and equipment as a whole or in part. Appurtenant operators supplied with flow gates furnished under DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 CITY OF EMERYVILLE Section 40 05 59
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this specification shall be suitable for continuous operation under submerged, partially submerged, or dry conditions. This specification shall be regarded as a minimum standard for design and fabrication of equipment.
C. Manufacturers: Each complete set of equipment supplied under this section shall be furnished by a single manufacturer who is regularly engaged in the casting or fabrication of such equipment. Appurtenant equipment such as operators and hardware, while not necessarily manufactured by the particular equipment manufacturer, shall be compatible with its product and furnished by the equipment manufacturer.
D. Submittals: Submittal data provided shall be of sufficient depth to illustrate compliance with these specifications, the plans and other specifications that may influence the proper operation of this equipment. No equipment shall be fabricated or shipped until the required drawings and curves have been submitted to and acknowledged by the Engineer as being of general compliance and conformance with the information in the contract documents.
E. Testing: Flow control gates shall be tested for performance at the factory, and after installation to demonstrate proper operation and sealing capability.
F. Operation and Maintenance Manuals: The equipment supplier shall provide operation and maintenance manuals for all equipment and accessories furnished. The manuals shall be original (no photocopies) and contain at least the following:
1. Identification stating the general nature of the manual, which appears on or is readable through the front cover.
2. Neatly typewritten index near the front of the manual, furnishing immediate information as to location in the manual of all emergency data regarding the equipment.
3. Complete and detailed instructions regarding operation and maintenance of all equipment involved.
4. Complete nomenclature of all replaceable parts, their part numbers, current cost, list of recommended spare parts to be kept on hand, and name, address and telephone number of nearest vendor of parts.
5. Copies of all guaranties and warranties issued.
6. Copies of the favorably reviewed shop drawings with all data concerning changes made during construction.
7. Where content of manuals includes manufacturers' catalog pages, clearly indicate the precise items included in this installation.
32.05 DELIVERY, STORAGE, AND HANDLING
A. As specified in Section 01 66 00.
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B. Equipment shall be packaged in containers constructed for normal shipping, handling and storage.
C. The containers shall provide adequate protection for the equipment in a dry indoor environment between +40°F (+4.5°C) and +100°F (+37.8°C) until time for installation.
32.06 IDENTIFICATION
A. Each unit of equipment shall be identified with a corrosion resistant nameplate, securely affixed in a conspicuous place. Nameplate information shall include equipment model number, serial number, supplier's name, and location.
32.07 SEQUENCING AND SCHEDULING
A. Coordinate with restrictions as specified in Section 01 14 00.
32.08 WARRANTY
A. Products furnished and installed under this section shall be guaranteed by the manufacturer’s warranty for a minimum period of five (5) years. Parts and labor for the first year of this guaranty period shall be provided in full, at no additional cost.
PART 33 PRODUCTS
33.01 SLIDE GATES
A. General: Gates, stems, lifts and other appurtenances shall be the size, type, material and construction as shown on the drawings and specified herein. The gate assembly shall meet or exceed the requirements of AWWA C-561 (latest revision), as modified herein. All component parts shall be of the type of material shown, and interchangeable where size and material are the same without grinding, chipping or special fitting in the field. All mating and sliding metal parts shall be fully machined.
The seating and unseating heads shall be 10 feet. All slide gate parts, including lift, shall be designed for the heads specified with a minimum safety factor of five.
B. The gate shall be the product of one manufacturer having five or more years of experience in the manufacture of similar gates for similar use. All materials used in the construction of the gates and appurtenances shall be the best suited for the application, all anchor nuts and bolts shall be stainless steel and all assembly hardware shall be of corrosion resistant material.
33.02 STYLE AND MANUFACTURER
A. Slide gates shall be the non-rising stem type.
B. Slide gates shall be Golden Harvest model GH-100, or approved equal.
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33.03 FRAME AND GUIDE RAILS
A. The frame shall be manufactured from welded stainless steel ASTM A-276 type 316.
Frames shall be the standard flange type with a rectangular opening as indicated on the plans.
B. The guide rails shall be doweled and bolted to the stainless steel frame. The guides shall be of such length as to support the slide fully in the open position. Guides shall be of stainless steel and designed for maximum rigidity. The weldment shall contain a neoprene seat and allow for a flush seal.
C. Guide frames shall be provided with ultra high molecular weight polyethylene seats on both sides of the slide.
D. The yoke, to support the operating bench stand where applicable, shall be formed by two structural members welded at the top of the guides to produce a one piece rigid frame. The yoke shall be designed to allow for slide removal without removing the yoke.
E. All fasteners shall be Type 316 stainless steel.
F. All material used in the fabrication of these components shall have a minimum thickness of ¼-inch.
33.04 COVER (SLIDE)
A. Covers (slides) shall be manufactured from suitable reinforced 316L stainless steel.
Slide shall not deflect more than 1/1000 or 1/16-inch at the seal points, whichever is less, of the span of the gate under maximum head.
B. All material used in the fabrication of the slide shall have a minimum thickness of ¼- inch.
33.05 SEALS
A. Gate frames shall be fitted with neoprene crown sealing faces that surround the clear opening. P-bulb seals shall be provided to prevent excessive leakage without protruding into the specified gate opening. A stainless steel flange shall be provided as part of the gate frame. P-seals shall be attached to the frame and held in place by a bolted retainer bar. All seals shall be easily replaced and adjusted in the field. Poured or bounded seals are not acceptable. Pressure plates shall be attached to the frame with stainless steel fasteners and easily adjustable on site. Self-adjusting compression cord seals, winged UHMW, flat seals, or “J”-seals will not be considered.
B. The gate frames shall be furnished with a flush bottom seal arrangement of a resilient neoprene with a minimum width of exposed face of 1 inch and shall be securely attached to the slide along the invert. All seals shall be easily replaced in the field.
Poured or bounded seals are not acceptable.
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33.06 STEMS AND GUIDES
A. Stems shall be manufactured from Type 316 stainless steel with rolled threads and a minimum diameter of one inch. Stems shall be of ample cross section to prevent distortion and shall be capable of withstanding twice the rated output of the manual operator at 40 pounds pull.
B. Stem guides shall be stainless steel, with ultra high weight polyethylene (UHMWPE) bushings, and mounted on stainless steel brackets. Guides shall be adjustable in two directions and shall be so constructed to they will hold the stem in alignment and still allow enough play to permit easy operation. Stem guide spacing shall be such that the L/R ratio for the unsupported part of the stem shall not exceed 200. Brackets shall be attached to the wall by anchor bolts and be of sufficient strength to prevent twisting or sagging under load.
C. The stem connection shall be either the clevis type, with structural members welded to the slide and a bolt to act as a pivot pin, or a threaded and bolted (or keyed) thrust nut supported in a welded socket. The clevis or threaded coupling shall be capable of accepting without damage at least 2 ½ times the rated output of the operator at 40-lb. pull.
D. The threaded portion of the stem shall have Acme type cold rolled threads with a maximum surface roughness of 16 micro-inches. Machine cut threads will not be permitted.
E. Stems shall be the non-rising type.
33.07 ANCHOR BOLTS
A. Anchor bolt sizes shall be as recommended by the manufacturer in type 316 stainless steel.
33.08 OPERATORS
A. Furnish operators compatible with the gates installed, comprised of hollow metal tubing connected to a manual actuator with hand wheel and a compatible stem-nut socket.
1. Specific operator length, design, mounting and orientation of hand wheel shall be coordinated with the Engineer during the submittal phase.
2. Provide specific styles of operators as shown and detailed on the Drawings.
3. Coordinate operator selection to provide requisite torque for smooth continuous multi-turn (rotary) gate operation from the closed to fully open position.
4. Operator shall be listed for continuous exposure to sewage gasses and occasional immersion.
5. Provide oil bath lubricated IP68 double-seal.
B. Operator shall be equivalent to Rotork Mastergear SS Bevel, or approved equal.
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33.09 SHOP TESTING
A. Each completely assembled gate and operator shall be shop-operated to insure proper assembly and operation. The gate shall be adjusted so that a 0.004" thick gauge will not be admitted at any point between the frame and cover seating surfaces.
33.10 MATERIALS
A. Frames, invert, spigot, flange, disc, yoke retainers, stems, fasteners and bolts shall be Type 316 stainless steel.
B. Seals shall be ASTM D2000 neoprene.
C. Seats shall be ASTM D4020 ultra high molecular weight polyethylene.
PART 34 EXECUTION
34.01 PREPARATION
A. Verify that dimensions are correct for device installations.
B. Verify that substrate conditions, previously installed under other sections, are acceptable for product installation in accordance with the manufacturer’s recommended installation procedures.
C. All components to be welded shall be free of dirt, grease, and other contaminants, and shall fit up properly for sound welding. Surfaces to be welded may not be cut with oxygen.
34.02 INSTALLATION
A. Slide gates shall be installed in accordance with the supplier’s installation instructions and in compliance with all OSHA, local, state, and federal codes and regulations.
B. Coordinate the installation of equipment furnished under this Section with other related and adjacent work. Installation shall not start until construction has progressed to a point where remaining construction operations will not damage metal installation.
C. Installation shall be performed in accordance with the manufacturer’s instructions.
After installation the completely assemble gate, stem, guides and lift shall be operated through one full cycle to demonstrate satisfactory operation. Such adjustments as necessary shall be made until operation is approved by the Owner. At the Engineer’s discretion, the gate will be tested for maximum leakage as specified in AWWA C-561.
D. Protect metal and rubber finish surfaces from damage during construction.
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34.03 FIELD QUALITY CONTROL
A. Witnessing: All field testing shall be witnessed by the Engineer; provide advanced notice of field testing as specified in Sections 01756 and 15958.
B. Inspection and Check-out: As specified in Sections 15050 and 15958.
C. After installation, equipment shall be tested in the presence of the Engineer by an authorized manufacturer representative who shall certify, in writing, that the gates are operating in compliance with these specifications and are free from binding, scraping, overloading, vibration or other defects.
D. Repair or replace damaged installed products. Clean installed products in accordance with manufacturer’s instructions.
END OF SECTION
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 PART D – SECTION 2
ASSIGNMENT OF PROCUREMENT CONTRACTS
DOCUMENT 00608TS
DOCUMENT 00608SG
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 DOCUMENT 00608TS
ASSIGNMENT OF PROCUREMENT CONTRACT-TRASH SEPARATOR
The Procurement Contract between City of Emeryville(Owner) and (Supplier) for the procurement of Hydrodynamic Separator and appurtenances under the Procurement Documents entitled “Procurement of Hydrodynamic Separator and Appurtenances Trash Capture Project” is hereby assigned, transferred, and set over to , the
Installation Contractor for the general construction Work for the Trash Capture Project, who shall be totally responsible for all work performed by the assigned and for the Owner's obligations and rights contained in the Procurement Documents.
This assignment will be effective on the effective date of the contract between the Owner and the Installation Contractor for the general Construction Work.
ASSIGNMENT DIRECTED BY:
City of Emeryville
By:
(Signature) (Title)
ASSIGNMENT CONSENTED TO BY:
___________________________________
Supplier
By:
(Signature) (Title)
ASSIGNMENT ACCEPTED BY:
Contractor
By:
(Signature) (Title)
END OF DOCUMENT
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 DOCUMENT 00608SG
ASSIGNMENT OF PROCUREMENT CONTRACT -SLIDE GATES
The Procurement Contract between City of Emeryville(Owner) and (Supplier) for the procurement of Hydrodynamic Separator and appurtenances under the Procurement Documents entitled “Procurement of Hydrodynamic Separator and Appurtenances Trash Capture Project” is hereby assigned, transferred, and set over to , the
Installation Contractor for the general construction Work for the Trash Capture Project, who shall be totally responsible for all work performed by the assigned and for the Owner's obligations and rights contained in the Procurement Documents.
This assignment will be effective on the effective date of the contract between the Owner and the Installation Contractor for the general Construction Work.
ASSIGNMENT DIRECTED BY:
City of Emeryville
By:
(Signature) (Title)
ASSIGNMENT CONSENTED TO BY:
___________________________________
Supplier
By:
(Signature) (Title)
ASSIGNMENT ACCEPTED BY:
Contractor
By:
(Signature) (Title)
END OF DOCUMENT
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 PART D - SECTION 3
TRASH CAPTURE DEVICE RFP
(for information only)
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3
CITY OF EMERYVILLE
REQUEST FOR PROPOSALS
HYDRODYNAMIC SEPARATOR AND APPURTENANCES
FOR THE
TRASH CAPTURE PROJECT
PROJECT NO. EPW 18-107
City of Emeryville
1333 Park Avenue
Emeryville, CA 94608
Tel: (510) 596-4344
Contact Info:
Nancy Humphrey
[email protected]
510-596-3278
ISSUED AUGUST 31, 2022
PROPOSALS DUE SEPTEMBER 13, 2022
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CITY OF EMERYVILLE
PROCUREMENT DOCUMENTS FOR
HYDRODYNAMIC SEPARATOR AND APPURTENANCES
TRASH CAPTURE PROJECT
PROJECT NO. EPW 18-107
TABLE OF CONTENTS
PROPOSAL REQUIREMENTS
Section No.Title
00100 Procurement Request for Proposals
00200 Instructions to Proposers
00410 Proposal Form
00510 Procurement Notice of Award
PROPOSAL FORMS
Section No.Title
00522 Contract
00550 Notice to Proceed
00608 Assignment of Procurement Contract
00610 Surety's Agreement to Assignment
CONDITIONS OF THE PROPOSAL
Section No.Title
00701 General Conditions
TECHNICAL PROCUREMENT SPECIFICATIONS
Section No.Title
01000 Material Specifications
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DOCUMENT 00100
PROCUREMENT REQUEST FOR PROPOSALS (RFP)
City of Emeryville
1333 Park Avenue
Emeryville, CA 94608
PROCUREMENT OF
HYDRODYNAMIC SEPARATOR AND APPURTENANCES
TRASH CAPTURE PROJECT
PROJECT NO. EPW 18-107
ARTICLE 1 - PROPOSALS DEADLINE
1.01 Proposers must submit sealed proposals in accordance with the requirements of this request for proposal (RFP) to the City of Emeryville (FSSD, or Owner) (before 2:00 p.m., P.S.T., Tuesday, September 13, 2022. Proposers shall submit one (1) complete hard copy of the proposal and one (1) electronic copy for Owner's review. Proposals may be submitted by mail or delivered in person to:
Nancy Humphrey, Project Manager
Subject: Proposal for Procurement of Hydrodynamic Separator and Appurtenances for the
TRASH CAPTURE PROJECT
PROJECT NO. EPW 18-107
City of Emeryville
1333 Park Avenue
Emeryville, CA 94608
Proposals will not be publicly opened.
All questions regarding proposal requirements should be directed to the Project Manager Nancy Humphrey
City of Emeryville
Phone: 510-596-3278
Email: [email protected]
ARTICLE 2 – DESCRIPTION OF THE GOOD AND SERVICES
2.01 Owner is requesting price proposals for the furnishment, and delivery of a single Storm Water Treatment Device (SWTD) and appurtenances as described in Section 01000 of the Technical Procurement Specification included in this document (the “Goods”).
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ARTICLE 3 - PROCUREMENT DOCUMENTS
3.01 All proposals must be in accordance with these procurement documents and the information provided herein. A complete set of procurement documents will include completed forms included in this RFP.
ARTICLE 4 - PROPOSAL SECURITY
4.01 Proposer shall guarantee the total proposal price for the actual length of time necessary for Proposer to deliver materials as noted in the preliminary schedule pursuant to Article 1 of the Contract.
ARTICLE 5 - ASSIGNMENT OF PROCUREMENT CONTRACT
5.01 It is the Owner’s intent to purchase the Goods in anticipation of the Trash Capture Project, construction of which will be separately bid and awarded to a contractor for installation (the “Installation Contractor”).
5.02 It is the Owner’s intent to assign the executed Procurement Contract for the Goods to the Installation Contractor at the time the construction contract is executed such that the Goods will be delivered to, and paid for by, the Installation Contractor.
5.03 Assignment of the Procurement Contract will include all contract provisions, including but not limited to furnishing all materials according to technical specifications, delivery, storage, commercial and payment terms, services, warranties, and delivery schedule provisions. .
5.04 After the Procurement Contract has been assigned to the Installation Contractor, Proposer shall function as a supplier to the Installation Contractor, and all obligations of the Proposer to Owner shall, after assignment, become obligations of Proposer to the Installation Contractor.
5.05 After assignment, risk of loss as it relates to the Goods shall be borne by Proposer until delivery and acceptance by the Installation Contractor and thereafter shall be borne by the Installation Contractor until final acceptance by Owner.
5.06 Owner reserves the right to forego assignment of the Procurement Contract to the Installation Contractor and continue the Procurement Contract in full force and effect. Owner may require the Installation Contractor to include in their proposal the negotiated purchase price for all Goods according to the terms and conditions of the Procurement Contract Documents, at Owner’s sole discretion.
ARTICLE 6 - OWNER'S RIGHTS
6.01 Owner reserves the right, in its sole discretion, to reject any or all proposals or to cancel this RFP in its entirety, including without limitation the right to reject any or all nonconforming, nonresponsive, or conditional proposals, and to reject the proposal of any Proposer if Owner believes that it would not be in the best interest of Owner to make an award to that Proposer.
Owner also reserves the right to waive formalities or minor variances in proposals if such waiver does not modify the RFP requirements or excuse the Proposer from full compliance with the RFP.
Notwithstanding any minor variance, Owner may hold any Proposer to strict compliance with the DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 City of Emeryville
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RFP.
END OF DOCUMENT
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DOCUMENT 00200
INSTRUCTIONS TO PROPOSERS
ARTICLE 1 - RESERVED
ARTICLE 2 – RESERVED
ARTICLE 3 - EXAMINATION OF PROCUREMENT DOCUMENTS
3.01 It is the responsibility of each Proposer, before submitting a proposal, to (a) thoroughly examine the Procurement Documents; (b) become familiar with local conditions that may affect cost, progress, performance, or furnishing of the work; (c) consider federal, state, and local laws and regulations that may affect cost, progress, performance, or furnishing of the materials; and (d) notify Project Manager of all conflicts, errors, or discrepancies discovered by Proposer in the Procurement Documents.
3.02 Proposer's Representation: The submission of a proposal will constitute an incontrovertible representation by Proposer that Proposer has complied with every requirement of the Procurement Documents, that without exception the proposal is premised upon performing and furnishing the Goods required by the Procurement Documents, and that the Procurement Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance.
ARTICLE 4 - INTERPRETATIONS AND ADDENDA
4.01 All questions about the meaning or intent of the Procurement Documents shall be submitted to Project Manager in writing. Interpretations or clarifications considered necessary by Project Manager in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Project Manager as having received the Procurement Documents.
Questions received less than five business days prior to the date for submittal of proposals may not be answered. Only answers issued by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.
ARTICLE 5 - PROPOSAL SECURITY
NOT USED
ARTICLE 6 - CONTRACT TIMES
6.01 The number of days within which, or the dates by which, certain Milestones are to be substantially completed are set forth in the Procurement Contract.
ARTICLE 7 - LIQUIDATED DAMAGES
7.01 Provisions for liquidated damages, if any, are set forth in the Procurement Contract.
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ARTICLE 8 - SUBSTITUTE ITEMS
8.01 Application for review of substitute materials or equipment, if permitted by the General Conditions, will not be considered by the Project Manager until after the effective date of the Procurement Contract.
ARTICLE 9 - PROPOSAL FORM
9.01 Proposals shall be submitted using the Proposal Form attached as Document 00410. The proposal must be completed in ink.
9.02 The names of all persons signing shall be legibly printed below their signatures. A proposal by a person who affixes to their signature the word “president,” “secretary,” “agent,” or other designation without disclosing their principal may be held to be the proposal of the individual signing. When requested by Owner, evidence of the authority of the person signing shall be furnished.
9.03 The proposal shall contain an acknowledgment of receipt of all Addenda, the numbers and dates of which shall be filled in on the Proposal Form.
9.04 No alterations of proposals by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Proposer; if initialed, Owner may require the Proposer to identify any alteration so initialed.
ARTICLE 10 – SUBMISSION OF PROPOSALS
10.01 A proposal shall be submitted no later than the date and time prescribed and at the place indicated in the Invitation to Propose and shall be enclosed in a plainly marked package with the subject – “Proposal for City of Emeryville Procurement of Hydrodynamic Separator for the Trash Capture Project”, the name and address of Proposer, and shall be accompanied by the Proposal Bond and other required documents.
10.02 Proposer shall assume full responsibility for timely delivery at the location designated for receipt of proposals. Proposals received after the time and date for receipt of proposals will not be considered.
10.03 One copy of the Proposal Form provided with each set of Procurement Documents containing the Proposal Form must be submitted with the proposal.
10.04 Oral, telephone, facsimile, or emailed proposals are invalid and will not receive consideration.
10.05 Proposers may not submit more than one proposal. Multiple proposals under different names will not be accepted from one firm or association.
10.06 With each copy of the Proposal Forms, a Proposer is furnished one separate unbound DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 City of Emeryville
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copy of the Proposal Form and Proposal Bond Form. The unbound copy of the Proposal Form and Proposal Bond Form are to be completed and submitted with the following documents:
A. Copy of the Warranty and Terms and Conditions. Documents shall contain all INSTALLATION CONTRACTOR requirements for proper on-site or off-site storage and maintenance of equipment after shipping but prior to installation, after installation and before final acceptance to maintain Owner Warranty.
ARTICLE 11 – MODIFICATION AND WITHDRAWAL OF PROPOSALS
11.01 Proposers may modify or withdraw proposals in writing, duly executed (in the same manner that a proposal must be executed) and delivered to the place where proposals are to be submitted at any time prior to the deadline for receipt of proposals.
ARTICLE 12- OPENING OF PROPOSALS
12.01 Proposals will not be publicly opened. Each Proposer will be notified of the receipt of their proposal once it has been opened by the Owner.
ARTICLE 13. – PROPOSALS TO REMAIN SUBJECT TO ACCEPTANCE
13.01 Subject to the provisions of Article 11, all proposals will remain subject to acceptance for the number of days set forth in the Proposal Form, but Owner may, in its sole discretion, release any proposal and return the proposal security prior to that date.
ARTICLE 14 – AWARD OF CONTRACT
14.01 In evaluating proposals, Owner will consider the qualifications of the Proposers, whether or not the proposals comply with the prescribed requirements, and such unit prices, and other data as may be requested in the Proposal Form or prior to the Notice of Award.
14.02 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any proposal and to establish the responsibility, qualifications, production capacity, and financial ability of Proposers, proposed subcontractors, suppliers, and other persons and organizations to perform and furnish the Goods in accordance with the Procurement Documents to Owner's satisfaction within the prescribed time.
14.03 If the Procurement Contract is to be awarded, it will be awarded to the Proposer offering the best value to Owner and the public and upon Owner’s determination, if at all, that the award will be in the best interests of Owner.
14.04 If the Procurement Contract is to be awarded, Owner will give the Selected Proposer a Notice of Award as set forth in the Proposal Form.
14.05 The evaluation of Proposer’s data submitted with the proposal, or submitted upon request prior to the Notice of Award, will include consideration of the following:
A. Price proposed for purchase of all Goods required by the Procurement Documents as listed on the Proposal Form, Items 1 through 11 inclusive.
B. Any other information Owner deems appropriate in making a selection in the best DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 City of Emeryville
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interest of the Owner and the Project.
ARTICLE 16 - SIGNING OF PROCUREMENT CONTRACT
16.01 When Owner issues a Notice of Award to the Selected Proposer, it shall be accompanied by the required number of unsigned counterparts of the Procurement Contract along with the other Contract documents which are identified in the Procurement Contract. Within 10 days after receipt of the Procurement Contract for execution, Selected Proposer shall sign and deliver the required number of counterparts of the Procurement Contract and attached documents to Owner.
ARTICLE 17 - PREPROPOSAL CONFERENCE
17.01 NOT USED
ARTICLE 18 - SALES AND USE TAXES
18.01 Provisions for sales and use taxes are set forth in the General Conditions.
END OF DOCUMENT
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DOCUMENT 00410
PROPOSAL FORM
PROJECT IDENTIFICATION:
City of Emeryville Trash Capture Project
Procurement for a Hydrodynamic Separator and Appurtenances.
Contract Number
THIS PROPOSAL IS SUBMITTED BY:
(Proposer)
(Proposer’s Address)
THIS PROPOSAL IS SUBMITTED TO:
Nancy Humphrey
City of Emeryville
1333 Park Avenue
Emeryville, CA 94608
ARTICLE 1 - INTENT TO SIGN AGREEMENT
1.01 The undersigned Proposer agrees that it has reviewed the Procurement Contract and has accepted it with or without qualification. If the Proposer makes qualifications, those qualifications must be identified and listed in the proposal along with suggested modifications to the contract. If the Proposer makes no qualifications to the Procurement Contract, including exhibits, then it shall be deemed that the Proposer accepts the Procurement Contract without reservation or any qualifications. If Proposer’s proposal is accepted, Proposer agrees to enter the Procurement Contract with Owner and to perform and furnish all Goods as specified or indicated in the Procurement Documents within the specified time and for the amount indicated in this Proposal and in accordance with the other terms and conditions of the Procurement Documents.
ARTICLE 2 - SUPPLIER’S ACKNOWLEDGMENT
2.01 Proposer accepts all of the terms and conditions of Document 00100 – Procurement Invitation to Propose and Document 00200 - Instructions to Proposers, including without limitation those dealing with the disposition of proposal security. This proposal will remain subject to acceptance for 90 days after the deadline for submission. Proposer will sign and submit the Procurement Contract with any required Bonds and other attachments as required by the Procurement Documents and as provided in Owner's Notice of Award.
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ARTICLE 3 - PROPOSER’S REPRESENTATIONS
3.01 In submitting this Proposal, Proposer represents that:
A. Proposer has examined copies of all the Procurement Documents and the following Addenda (receipt of all which is hereby acknowledged):
ADDENDA
No. Dated
No. Dated
No. Dated
No. Dated
No. Dated
B. Proposer has become familiar with and satisfied itself as to the general, local, and site conditions that may affect cost, progress, performance, and furnishing of the Goods.
C. Proposer is familiar with and has satisfied itself as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Goods.
D. Proposer has given Project Manager written notice of all conflicts, errors, ambiguities, or discrepancies that Proposer has discovered in the Procurement Documents and the written resolution thereof by Project Manager is acceptable to Proposer, and the Procurement Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Goods for which this Proposal is submitted.
ARTICLE 4 - PROPOSER’S CERTIFICATION
4.01 Proposer further represents:
A. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation.
B. Proposer has not directly or indirectly induced or solicited any other Proposer to submit a false or sham proposal.
C. Proposer has not solicited or induced any person, firm, or corporation to refrain from proposing; and Proposer has not sought by collusion to obtain for itself any advantage over any other Proposer or over Owner.
ARTICLE 5 - BASIS OF PROPOSAL
5.01 Proposer will provide the Goods for the following Total Prices, which shall include all taxes and freight/delivery and any other charges to provide and deliver the specified materials as specified on the Procurement Documents:
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BID SHEET FOR THE TRASH CAPTURE PROJECT City of Emeryville City Project No. EPW 18-107 Department of Public
Works
Units of Measure Abbreviations are defined in Section One of the Standard Specifications Item
No.
Description Unit Estimated
Quantity
Unit Price Item Total
GENERAL ITEMS
1 Hydrodynamic Separator Storm Water Treatment Device LS 1
TOTAL BID PRICE (IN FIGURES)
TOTAL BID PRICE (IN WORDS)
5.02 Proposer agrees that the Goods will be provided within the times or following numbers of days after Notice of Award as defined in the General Conditions:
Anticipated Notice to Proceed for Installation
Contractor
Delivery of all materials to the site or to an
agreed upon storage location for the
Installation Contractor
December 7, 2022
Earliest anticipated delivery December 16, 2022
Latest acceptable delivery January 19, 2023
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5.03 Communications concerning this Proposal should be sent to Proposer at the following address (please include phone and email contact information):
5.04 The terms used in this Proposal have the meanings assigned to them in the Procurement Documents, including the General Conditions.
ARTICLE 6 - ASSIGNMENT OF PROCUREMENT CONTRACT
6.01 Proposer acknowledges that the Procurement Contract, if awarded, may be assigned by the Owner to Installation Contractor, and hereby consents and agrees to the assignment under the terms and conditions of the Procurement Documents.
SIGNATURE OF PROPOSER
By
(Company Name)
By
(Signature of Authorized Person)
(Title)
(Date)
Business address
Phone Number: FAX Number:
Email: ____________________________________________
END OF DOCUMENT
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DOCUMENT 00510
PROCUREMENT NOTICE OF AWARD
Date , 2022
To:
(Proposer)
Address:
Project: City of Emeryville Trash Capture Project, Procurement of Hydrodynamic Separator and Appurtenances.
You are hereby notified that your Proposal dated, , 2022 for the above Contract has been considered. You are the apparent successful Proposer and have been selected for the above-named Project.
The Proposal Price of your contract is $
Dollars
Three (3) copies of the Procurement Contract accompany this Notice of Award.
Unless otherwise indicated, you must respond within ten days of the date of this Notice of Award, that is, by , 2022. We plan to award this Project at the Owner's meeting , 2022.
1. You must deliver to the Owner two (2) fully executed Procurement Contracts.
2. NOT USED
3. You must deliver a preliminary schedule as specified in Article 2 of the General Conditions.
Failure to comply with these conditions within the time specified will entitle the Owner to consider your Proposal abandoned, to annul this Notice of Award, and to declare any Proposal security forfeited.
Owner
(Signature)
(Date)
City of Emeryville
1333 Park Avenue
Emeryville, CA 94608
END OF DOCUMENT
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DOCUMENT 00522
CONTRACT
THIS PROCUREMENT CONTRACT (Contract) is by and between City of Emeryville (Owner) and
(herein called SUPPLIER).
Owner and SUPPLIER, in consideration of the mutual covenants herein set forth, agree as follows:
ARTICLE 1 - GOODS
1.01 SUPPLIER shall provide Goods as specified or indicated in the Procurement Documents based on the acceptance by Owner of Supplier's Proposal.
1.02 Services shall be in accordance with the Procurement Documents including but not limited to those specified in Section 01000 as applicable.
1.03 The agreed upon Goods shall be provided within the times or number of days established by the following schedule:
Anticipated Notice to Proceed for
Installation Contractor
Delivery of all materials to the site or to
an agreed upon storage location for the
Installation Contractor
December 7, 2022
Earliest anticipated delivery December 16, 2022
Latest acceptable delivery January 19, 2023
1.04 The places where Goods are to be delivered (Point of Delivery) Freight on Board shall be designated by Installation Contractor or Owner prior to shipment. Such location within 10 miles of the project site (i.e., the intersection of MacArthur Blvd and Emery Street in Emeryville, CA.).
1.05 SUPPLIER shall coordinate the actual delivery date and time with the Installation Contractor or Owner.
ARTICLE 2 - PROJECT MANAGER
2.01 Project Manager, and its duly authorized agents, are to act as Owner's representatives and assume all duties and responsibilities and have the rights and authority assigned to Project Manager in the General Conditions.
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ARTICLE 3 - PAYMENT AND PROCEDURES
3.01 Progress Payments. Supplier shall submit an Application for Payment to Owner, or Installation Contractor after assignment, claiming the amount due in accordance with the schedule of payments and the Procurement Documents.
3.02 Schedule of Payments. Supplier shall be entitled to claim payments for Goods in accordance with the following schedule:
Goods Provided
Payment (Cumulative
Percentage of Contract Price)
Delivery of all materials to the site in accordance 95
with a schedule agreed to by Owner
or Installation Contractor in
acceptable condition (payment
application to Installation
Contractor)
Completion of installation by 100
Installation Contractor,
including all field testing, and
satisfactory completion of installation
inspection by Owner (payment
application to Installation Contractor)
3.03 Retainage: NOT USED.
3.04 Final Payment: Upon completion of installation and successful completion of all in-place testing by Owner of all Goods of the Supplier, final payment and release of retainage may be claimed by Supplier through the Installation Contractor. Applications for Payment will be processed by Project Manager as provided in the General Conditions.
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ARTICLE 4 - PROCUREMENT DOCUMENTS
4.01 The Procurement Documents which comprise the entire agreement between Owner and consist of the following:
The Procurement Contract, Addenda (which pertain to the Procurement Documents), Supplier's proposal (including documentation accompanying the proposal and any post proposal documentation submitted prior to the Notice of Award when attached as an exhibit to the Procurement Contract), the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Procurement Contract, together with all Written Amendments, Change Orders, Field Orders and Project Manager's written interpretations and clarifications issued on or after the Effective Date of the Procurement Contract.
4.02 There are no Procurement Documents other than those listed in this article. The Procurement Documents may be amended, modified, or supplemented only as provided in the General Conditions.
ARTICLE 5 - ASSIGNMENT OF PROCUREMENT CONTRACT
5.01 As stated in the Request for Proposals, this Contract may, at the Owner’s sole discretion, be assigned by Owner to Installation Contractor, and Supplier will accept such assignment, pursuant to the Procurement Documents. In the application of the terms and conditions of the Procurement Documents after said assignment, Supplier will function as a subcontractor to the Installation Contractor, and all obligations of Supplier to Owner will become obligations of Supplier to the Installation Contractor. Notwithstanding this assignment, the guarantees and warranties specified in the Procurement Documents are intended for the benefit of Owner and the Installation Contractor and may be enforced by either party.
5.02 Assignment of this Contract shall be accomplished on Document 00608 - Assignment of Procurement Contract, a copy of which is attached to this Contract.
ARTICLE 6 - MISCELLANEOUS
6.01 Terms used in this Contract will have the meanings indicated in the General Conditions.
6.02 No assignment by a party of any rights under or interests in this Contract will be binding on the other party without the written consent of the party sought to be bound; and specifically, but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law); and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Procurement Documents, except an assignment or transfer of this Contract to Installation Contractor, under the terms and conditions of the Procurement Documents, shall not be deemed an "assignment" subject to the provisions set forth herein before.
6.03 Owner and Supplier each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect of all covenants, agreements, and obligations contained in the DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 City of Emeryville
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Procurement Documents.
6.04 The business address of Supplier given below is designated as the place to which all notices, letters, and other communication to Supplier will be mailed or delivered. The address of Owner given below is designated as the place to which all notices, letters, and other communication to Owner shall be mailed or delivered. Either party may change its address at any time by an instrument in writing delivered to Project Manager and to the other party.
IN WITNESS WHEREOF, Owner and Supplier have signed this Contract.
This Contract will be effective on .
Owner:
SUPPLIER:
By: By:
Title: Title:
Address for giving notices: Address for giving notices:
END OF DOCUMENT
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DOCUMENT 00550
NOTICE TO PROCEED
To:
Project: Trash Capture Project Procurement of Hydrodynamic Separator and Appurtenances.
Procurement Contract Number:
Amount of Contract:
You are hereby notified to commence work on the referenced Contract on or before , 2022, and shall complete all of the work of said Contract within consecutive calendar days thereafter. Your final completion date is therefore , 2023.
OWNER
(Signature)
(Date)
ACCEPTANCE OF NOTICE
Receipt of the foregoing Notice to Proceed is hereby acknowledged by this day of , 2022.
SUPPLIER
(Signature)
(Date)
END OF DOCUMENT
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DOCUMENT 00608
ASSIGNMENT OF PROCUREMENT CONTRACT
The Procurement Contract between City of Emeryville(Owner) and (Supplier) for the procurement
of Hydrodynamic Separator and appurtenances under the Procurement Documents entitled “Procurement of Hydrodynamic Separator and Appurtenances Trash Capture Project” is hereby assigned, transferred, and set over to ,
the Installation Contractor for the general construction Work for the Trash Capture Project, who shall be totally responsible for all work performed by the assigned and for the Owner's obligations and rights contained in the Procurement Documents.
This assignment will be effective on the effective date of the contract between the Owner and the Installation Contractor for the general Construction Work.
ASSIGNMENT DIRECTED BY:
For City of Emeryville
By:
(Signature) (Title)
ASSIGNMENT CONSENTED TO BY:
Supplier
By:
(Signature) (Title)
ASSIGNMENT ACCEPTED BY:
Contractor
By:
(Signature) (Title)
END OF DOCUMENT
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DOCUMENT 00701
GENERAL CONDITIONS
ARTICLE 1 - Definitions
Defined Terms:
A. Wherever used in these General Conditions or in the other Procurement Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof:
1. Acceptance, Final Acceptance — The formal action by Owner accepting the Goods as completed.
2. Award — The formal acceptance of the Proposal by Owner and offer to contract.
3. Addenda--Written or graphic instruments issued prior to the opening of proposals which clarify, correct or change the Procurement Documents.
4. Change Order--A document recommended by Project Manager , which is signed by Proposer and Owner and authorizes an addition, deletion or revision in the Goods, or an adjustment in the Procurement Contract Price or the Procurement Contract Times, issued on or after the effective date of the Procurement Contract.
5. Construction Manager — The person, firm or corporation with whom Owner has contracted to provide construction management services for the Project.
6. Contractor, or Installation Contractor--The person, firm or corporation with whom Owner has entered into a contract for construction or installation of the Trash Capture project.
7. Contractor's Representative — An individual authorized by Installation Contractor to act on his behalf.
8. Drawings--The drawings prepared by Owner which show the scope, extent and character, of Goods to be furnished by SUPPLIER and which have been prepared or approved by Project Manager and are referred to in the Procurement Documents.
9. Project Manager --The person, firm or corporation named as such in the Contract.
10. Field Order--A written order issued by Project Manager which orders minor changes in the Goods or Services in accordance with Article 3 but which does not involve a change in the Procurement Contract Price or the Procurement Contract Times.
11. General Requirements-- Sections of Division 1 of the Specifications. The General Requirements govern execution of all sections of the Specifications.
12. Goods--All tangible personal property required to be furnished under the Procurement Documents.
13. Milestone--A principal event specified in the Procurement Documents relating to an intermediate date or time for furnishing a designated portion of the Goods or a phase of the Services prior to the Procurement Contract Times for furnishing all Goods.
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14. Notice of Award--The written notice by Owner to the apparent successful Proposer stating that upon compliance by the apparent successful Proposer with the conditions precedent enumerated therein, within the time specified, Owner will sign and deliver the Procurement Contract.
15. Notice to Proceed--A written notice given by Owner to Supplier (with a copy to Project Manager ) fixing the date on which the Procurement Contract Times will commence to run and on which Supplier shall start to perform Supplier's obligations under the Procurement Documents.
16. Owner--The City Emeryville, which issued the Request for Proposals and with whom Supplier has entered into the Procurement Contract and for whom the Goods are to be provided.
17. Partial Utilization--Use by Owner of a substantially completed part of the Goods for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Goods.
18. Point of Delivery--The place designated in the Procurement Contract where the Goods are to be delivered.
19. Procurement Contract--The written agreement between Owner and Supplier covering the furnishing of the Goods.
20. Procurement Contract Price--The moneys payable by Owner to Supplier for the Goods in accordance with the Procurement Documents.
21. Procurement Contract Times--The number of days or the date stated in the Contract for furnishing the Goods ready for final payment as evidenced by Project Manager 's written recommendation of final payment in accordance with Article 6.
22. Procurement Documents-- The Procurement Contract, Addenda (which pertain to the Procurement Documents), Supplier's proposal (including documentation accompanying the proposal and any post proposal documentation submitted prior to the Notice of Award when attached as an exhibit to the Procurement Contract), the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Procurement Contract, together with all Written Amendments, Change Orders, Field Orders and Project Manager 's written interpretations and clarifications issued on or after the Effective Date of the Procurement Contract.
23. Project—The Trash Capture project Goods.
24. Proposer – any individual or entity submitting a proposal in response to the Request for Proposal.
25. Proposal--The offer or proposal of the Proposer submitted on the prescribed form setting forth the price(s) for furnishing the Goods.
26. Services--Services to be furnished by Supplier during manufacture and at the Project site.
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27. Shop Drawings--All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared by or for Supplier and submitted by Supplier to illustrate some portion of the Goods.
28. Specifications--Those portions of the Procurement Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Goods, and certain administrative details applicable thereto.
29. Supplementary Conditions-- The part of the Procurement Documents which amends or supplements these General Conditions.
30. Supplier—The manufacturer, fabricator, distributor, materialman or vendor with whom Owner has entered into the Procurement Contract to furnish the Goods materials or equipment to be incorporated in the Goods by Supplier or any subcontractor.
31. Submittals — Shop Drawings, catalog cuts, samples, operating and maintenance instructions, progress payments, proof of prevailing wages form, requests, and other documents and items specified to be delivered to Owner or Owner's representative.
ARTICLE 2 - Preliminary Matters
2.01 Delivery of Bonds & Insurance Certificates
A. When Supplier delivers the executed Procurement Contract to Owner, Supplier shall also deliver to Owner such Bonds as Supplier may be required to furnish in accordance with paragraph 4.01 and such certificates of insurance (and other evidence of insurance requested by Owner) which Supplier is required to purchase and maintain in accordance with the Procurement Documents.
2.02 Commencement of Contract Time
A. The Contract Time will commence to run as specified in the Notice to Proceed.
2.03 Schedules
A. All preliminary schedules of progress, sample submittals, tests, and deliveries as required by the Procurement Documents will be reviewed by Project Manager . After review by Project Manager and discussion with Supplier as appropriate, all such schedules will be finalized to the satisfaction of the Project Manager. No schedule which is required to be and has been accepted by Project Manager will be changed by Supplier without notice to, and acceptance by, Project Manager. Acceptance by Project Manager of any schedule will neither impose on Project Manager responsibility for the sequencing, scheduling or progress of the furnishing of Goods nor interfere with or relieve Supplier from Supplier's full responsibility therefor. Supplier's schedule of Shop Drawing and sample submissions will be acceptable to Project Manager as providing a workable arrangement for reviewing and processing the required submittals.
ARTICLE 3 - Procurement Documents : Intent, Amending, Reuse
3.01 Procurement Documents: Intent, Amending, Reuse
A. The Procurement Documents are complementary; what is called for by one is as binding as if called for by all. The Procurement Documents will be construed in accordance with the law of the State of California.
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B. Any work, materials, equipment or services that may reasonably be inferred from the Procurement Documents as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well-known technical construction industry or trade industry meaning are used to describe goods or services, such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations to the Procurement Documents shall be issued by Project Manager as provided in paragraph 9.01.
C. Reference to Standards and Specifications of Technical Societies; Reporting and Resolving Discrepancies
1. Reference to standards, specifications, manuals, or codes or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or Laws or Regulations in effect at the time of opening of Bids.
2. If Supplier discovers any conflict, error, ambiguity, or discrepancy within the Procurement Documents, Supplier shall report it to Project Manager in writing at once.
D. It is the intent of these Procurement Documents to provide for assignment of the Procurement Contract to an Installation Contractor under award of contract for construction. In that event, all references in the Procurement Documents which in any way provide for communications between the Supplier and the Owner or Project Manager or call for instructions to be received or sent between any of those parties, the Supplier shall understand that the Installation Contractor as assignee of the Procurement Contract shall be substituted for Owner and Project Manager and such line of communication or instruction shall be construed to run between the Supplier and the Installation Contractor and from the Installation Contractor to the Project Manager or Owner, unless otherwise indicated.
ARTICLE 4 - Bonds, Insurance and Indemnification
NOT USED
ARTICLE 5 - Shipment and Delivery of the Goods
5.01 Methods of Transportation
A. Except as otherwise specified in the Supplementary Conditions, all Goods will be delivered f.o.b. Point of Delivery. Supplier shall select and be responsible for the means and methods of transportation. All transportation charges, including but not limited to switching, trucking, lighterage and special handling, shall be paid by Supplier.
B. Supplier shall give Owner Installation Contractor at least fifteen days' prior written notice of the date when the Goods will be ready for shipment and the manner of shipment. Such notice will include instructions concerning any special equipment or Services required at the Point of Delivery to unload and care for the Goods. Supplier also shall require the carrier to give Owner and Project Manager not less than 24 hours' notice by telephone of the anticipated hour of delivery.
C. Owner, or Project Manager, shall inspect the Goods upon delivery for purposes of identifying the Goods and general verification of quantities and observation of apparent condition in order to provide a basis for a progress payment. Owner may refuse to accept delivery of any Goods that are apparently defective. If no apparent defects are discovered, Owner shall accept delivery.
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D. Notice of Owner's acceptance of delivery will be provided to Supplier by a receipted copy of the shipping documents or by such other document as may be specified in the Supplementary Conditions.
ARTICLE 6 - Applications for Payment
6.01 Applications for Progress Payments
A. Supplier shall submit to Project Manager for review Applications for Payment filled out and signed by Supplier and accompanied by such supporting documentation as is required by the Procurement Documents and will be accompanied by a bill of sale, invoice, or other documentation satisfactory to Owner warranting that Owner has rightfully received good title. .
6.02 Review of Applications for Progress Payments
A. Applications for Progress Payments shall be submitted Project Manager for review and approval. Project Manager shall either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Supplier indicating in writing Project Manager 's reasons for refusing to recommend payment. In the latter case, Supplier shall make the necessary corrections and resubmit the Application.
B. Owner may refuse to make payment of the full amount recommended by Project Manager if claims have been made against Owner or Liens have been filed on account of Supplier's performance or furnishing of the Goods or Services or there are other items entitling Owner to a set-off against the amount recommended, but Owner shall give Supplier immediate written notice stating the reasons for such action.
6.03 Final Inspection
A. After all of the Goods have been incorporated into Owner's project, inspected, tested and functioning as specified and intended, and all Services have been furnished, Project Manager will make a final inspection with Owner and Supplier and will notify Supplier whether or not the Goods appear to be acceptable in accordance with the Procurement Documents. If not so acceptable, Project Manager will identify in writing to Supplier the apparent defects discovered by Project Manager. Supplier shall immediately take such measures as are necessary to remedy all defects as identified and any other defects known to Supplier.
6.04 Final Application for Payment
A. After Supplier has remedied all apparent defects to the satisfaction of Project Manager, furnished all Services and delivered all materials, schedules, guarantees, Bonds, certificates of inspection, and other required documents, and Project Manager has issued a notice of acceptability (subject to the provisions of Article 6), Supplier shall make application for final payment. The final Application for Payment will be accompanied by all documentation called for in the Procurement Documents, together with releases, waivers, or other documents approved by Owner.
6.05 Final Payment
A. Project Manager will, after receipt and approval of the final Application for Payment, recommend in writing final payment subject to the provisions of Article 6 and present the Application to Owner for payment. Otherwise, Project Manager will return the Application to DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 City of Emeryville
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Supplier, indicating in writing the reasons for refusing to recommend final payment, in which case Supplier shall make the necessary corrections and resubmit the Application.
ARTICLE 7 – SUPPLIER’s Responsibilities
7.01 Supervision and Coordination
A. Supplier shall be solely responsible for the means, methods, techniques, sequences, and procedures of furnishing the Goods. Supplier shall be responsible to see that the finished Goods comply accurately and completely with the Procurement Documents.
7.02 Material, Equipment and Workmanship
A. All materials and equipment incorporated in the Goods shall be of good quality and new, except as otherwise provided in the Procurement Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of Owner.
If required by Project Manager , Supplier shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of the materials and equipment incorporated in the Goods. All materials and equipment shall be applied, installed, connected, assembled, used, cleaned and conditioned in accordance with instructions of the applicable Supplier, except as otherwise provided in the Procurement Documents. Services shall be performed by competent and qualified personnel.
7.03 Progress Schedule
A. Supplier shall adhere to the progress schedule established in accordance with Article 2 as it may be adjusted from time to time with approval of the Project Manager .
7.04 Substitutes or Equivalent Goods
A. Whenever an item of material or equipment is specified or described in the Procurement Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type, function, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent or substitution is permitted, other items of material or equipment may be accepted by Project Manager if sufficient information is submitted by Supplier to allow Project Manager to determine that the material or equipment proposed is equivalent to that named.
B. If Supplier wishes to furnish or use a substitute item of material or equipment, Supplier shall first make written application to Project Manager for acceptance thereof, certifying that the proposed substitute will perform adequately the functions and achieve the results called for by the general design, be similar in substance to that specified and be suited to the same use as that specified.
C. Supplier shall submit sufficient information to allow Project Manager to determine that the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor and include an itemized estimate of all costs or credits that will result directly or indirectly from acceptance of such substitute.
D. Project Manager 's Evaluation: Project Manager will within a reasonable time evaluate each proposal or submittal. Project Manager will be the sole judge of acceptability. No substitute will be ordered, installed, or utilized without Project Manager 's prior written acceptance DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 City of Emeryville
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which will be evidenced by either a Change Order or an approved Shop Drawing. Owner may require SUPPLIER to furnish at SUPPLIER's expense a special performance guarantee or other surety with respect to any substitute.
E. Supplier shall reimburse Owner for the charges of Project Manager and Project Manager 's Consultants for evaluating each such proposed substitute item.
7.05 Patent Fees and Royalties
A. Supplier shall indemnify and hold harmless Owner and Project Manager and anyone directly or indirectly employed by either of them from and against all claims, costs, damages and losses (including attorneys' fees and court and arbitration costs) arising out of any infringement of patent rights or copyrights incident to the use in production of the Goods or incorporation therein of any invention, design, process, product or device not specified in the Procurement Documents.
7.06 Laws and Regulations
A. Supplier shall comply with all applicable laws and regulations (Laws and regulations) applicable to furnishing the Goods. Neither Owner nor Project Manager shall be responsible for monitoring Supplier's compliance with any Laws and Regulations.
7.07 Taxes
A. Supplier shall pay all taxes required to be paid by Supplier in accordance with Laws and Regulations affecting production and delivery of the Goods and the furnishing of Services.
7.08 Safety and Protection
A. When Supplier is furnishing Services, or remedying defective Goods at the site of installation, Supplier shall comply with all Laws and Regulations, take all necessary safety precautions and provide the necessary protection to prevent damage, injury, or loss to persons and property.
7.09 Shop Drawings and Samples
A. If required for the Project, Supplier shall submit Shop Drawings to Project Manager for review and approval in accordance with the accepted schedule of Shop Drawings and Project Requirements. The data shown on the Shop Drawings will be complete with respect to quantities, dimensions, specified performance and design criteria, materials and similar data to show Project Manager the materials and equipment Supplier proposes to provide and to enable Project Manager to review the information.
B. Supplier shall also submit, with such promptness as to cause no delay in timely production of the Goods, samples to Project Manager for review and approval in accordance with said accepted schedule of Shop Drawings and sample submittals. Each sample will be identified clearly as to material, Supplier, pertinent data such as catalog numbers and the use for which intended and otherwise as Project Manager may require to enable an adequate submittal review.
7.10 Submittal Procedures
A. Before submitting a Shop Drawing or sample, Supplier shall:
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1. Verify quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto,
2. Provide written indication that Supplier has satisfied Supplier's obligations under the Procurement Documents with respect to Supplier's review and approval of that submittal.
3. Provide Project Manager specific written notice of such variations, if any, that the Shop Drawing or sample submitted may have from the requirements of the Procurement Documents.
B. Project Manager's review and approval will be only to determine if the items covered by the submittals will, after installation, conform to the information given in the Procurement Documents and be compatible with the design concept of the completed Project as a functioning whole. Supplier shall make corrections required by Project Manager and shall return the required number of corrected copies of Shop Drawings and submit as required new samples for review and approval.
7.11 Continuing Performance
A. Supplier shall continue the furnishing of Goods and adhere to the progress schedule during all disputes or disagreements with Owner. No production of Goods will be delayed or the timely delivery of Goods or furnishing of Services be prejudiced, delayed or postponed pending resolution of any disputes or disagreements, except as Supplier and Owner may otherwise agree in writing.
ARTICLE 8 - Owner's Responsibilities
8.01 Communications, Change Orders and Site Access
A. Owner shall issue all communications to Supplier through Project Manager .
B. In connection with Owner’s rights to order changes in accordance with Article 10, Owner is obligated to execute Change Orders.
C. Owner shall provide Supplier, testing agencies and governmental agencies with jurisdictional interests, proper and safe access to the site at reasonable times as is necessary for performance of their functions in connection with the Procurement Contract.
ARTICLE 9 - Project Manager 's Status
9.01 Clarifications and Interpretations
A. Project Manager will issue with reasonable promptness such written clarifications or interpretations of the Procurement Documents (in the form of Drawings or otherwise) as may be reasonably necessary. If Supplier believes that a written clarification or interpretation justifies an adjustment in the Contract Price or Contract Time and the parties are unable to agree to the amount or extent thereof, Supplier may make a written claim therefor as provided in Article 11 or Article 12.
9.02 Authorized Variations in Work
A. Project Manager may authorize minor variations in the Work from the requirements of the Procurement Documents which do not involve an adjustment in the Contract Price or the DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 City of Emeryville
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Contract Time.
9.03 Rejecting Defective Goods
A. Project Manager shall have authority to disapprove or reject Goods or Services which Project Manager believes to be defective and will also have authority to require special inspection or testing of Goods.
9.04 Decisions on Disputes
A. Project Manager will be the initial interpreter of the requirements of the Procurement Documents and judge of the acceptability of the Goods. Claims, disputes, and other matters relating to the acceptability of the Goods or Services or the interpretation of the requirements of the Procurement Documents shall be referred initially to Project Manager in writing with a request for a formal decision in accordance with this paragraph.
9.05 Limitations on Project Manager 's Responsibilities A. Project Manager 's authority to act under the Procurement Documents nor any decision made by Project Manager in good faith shall give rise to any duty or responsibility of Project Manager to Supplier, any subcontractor, any supplier, or any other person or organization furnishing any portion of the Goods or Services, or to any surety for any of them.
B. Project Manager shall not be responsible for Supplier's means, methods, techniques, sequences, or procedures of furnishing the Goods, or the safety precautions and programs incident thereto.
ARTICLE 10 - Changes in the Goods or Services
10.01 Additions, Deletions or Revisions
A. Without invalidating the Contract, Owner may, by written amendment or Change Order, order additions, deletions, or revisions in the Goods or furnishing of Services.
B. If Owner and Supplier are unable to agree as to an increase or decrease in the Contract Price or Contract Time as a result of additions, deletions or revisions, a claim may be made therefor as provided in Article 11 or Article 12.
C. Supplier shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any Goods or Services furnished that are not required by the Procurement Documents as amended, modified, or supplemented as provided in Article 11 and Article 12.
D. If notice of any change is required to be given to a surety, by the provisions of any Bond the giving of such notice will be Supplier's responsibility, and the amount of each applicable Bond will be adjusted accordingly.
ARTICLE 11 - Change of Contract Price
11.01 Change Order or Amendment Required
A. The Contract Price may only be changed by a Change Order or by a Written DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 City of Emeryville
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Amendment. Any claim for an adjustment in the Contract Price shall be based on written Notice delivered by the party making the claim to the other party and to Project Manager promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty days after such occurrence (unless Project Manager allows an additional period of time to ascertain more accurate data in support of the claim) and will be accompanied by claimant's written statement that the amount claimed covers all known amounts to which the claimant is entitled as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be determined by Project Manager in accordance with paragraph 9.04 if Owner and SUPPLIER cannot otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this paragraph.
ARTICLE 12 - Change of Contract Time
12.01 Change Order or Amendment Required
A. The Contract Time may only be changed by a Change Order or a Written Amendment. Any claim for an adjustment of the Contract Time shall be based on written notice delivered by the party making the claim to the other party and to Project Manager promptly (but in no event later than thirty days) after the occurrence of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data, shall be delivered within sixty days after such occurrence (unless Project Manager allows an additional period of time to ascertain more accurate data in support of the claim) and shall be accompanied by the claimant’s written statement that the adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a result of the occurrence of said event. Disputes concerning claims for adjustment in the Contract Time shall be determined in accordance with Article 9.
B. All time limits stated in the Procurement Documents are of the essence. The provisions of this Article 12 may include recovery for damages for delay by either party.
ARTICLE 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Goods
13.01 Supplier Warrants and Guarantees
A. Supplier’s obligation to furnish the Goods in accordance with the Procurement Documents is absolute, and Supplier warrants and guarantees to Owner and Project Manager that all Goods will be in accordance with the Procurement Documents and free from defects. Prompt notice of all observed defects will be given to Supplier.
B. Neither recommendation of any progress or final payment by Project Manager , nor any payment by Owner to Supplier under the Procurement Documents, nor any use of the Goods by Owner, nor any act of acceptance by Owner, nor any failure to do so, nor the issuance of a notice of acceptability by Project Manager pursuant to paragraph 6.04, nor any correction of defective Goods or Services by Owner will constitute an acceptance of Goods not in accordance with the Procurement Documents or a release of Supplier’s obligation to furnish Goods in accordance with the Procurement Documents.
C. Nothing in this Article 13 concerning the correction period shall establish a period of limitation with respect to any other obligation which Proposer has under the Procurement Documents. The establishment of time periods relates only to the specific obligations of Proposer to correct the Goods or Services and has no relationship to the time within which his obligations DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 City of Emeryville
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under the Procurement Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish his liability with respect to his obligations other than to specifically correct the Goods or Services.
13.02 Tests and Inspections
A. SUPPLIER shall give Project Manager timely notice of readiness of the Goods for all those inspections, tests or approvals which the Procurement Documents specify are to be observed by Project Manager or another party prior to Owner's acceptance of delivery. Owner will give SUPPLIER timely notice of all tests, inspections, and approvals of the Goods called for by the Procurement Documents which are to be conducted at the site after acceptance and prior to final payment.
13.03 Remedying Defective Goods
A. If at any time after Owner's acceptance of delivery under Article 5, and before expiration of the correction period under paragraph 13.04, Owner or Project Manager determines that the Goods are defective, Supplier shall, upon written notice from and as required by Project Manager , either correct the defects or remove the Goods and replace them with non-defective Goods. If Supplier does not do so promptly and to the satisfaction of Owner and Project Manager , Owner may, upon Project Manager ’s recommendation, accept the defective Goods instead of requiring correction or removal and replacement.
B. If Supplier fails to take action as required by Project Manager in accordance with paragraph A above, Owner may, after ten days’ written notice to Supplier, remedy any such deficiency instead of requiring removal or replacement. In an emergency where delay would cause serious risk of loss or damage, Owner may take such action without notice to or waiting for action by Supplier.
13.04 Correction Period
A. Supplier's responsibility for remedying all defects in the Goods will extend for a period of one year after the earlier of the date on which Owner has placed the Goods in continuous service or the date of final payment, or for such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Procurement Documents or by any specific provisions of the Procurement Documents.
13.05 Remedying Defective Services
A. If, at any time Project Manager notifies Supplier in writing that any of the Goods are defective, Supplier shall promptly provide acceptable Goods. If Supplier fails to do so, Owner may obtain the Goods elsewhere.
13.06 Costs of Remedying Defects
A. All direct, indirect and consequential costs of correcting, removing and replacing defective Goods or of obtaining Services elsewhere and of exercising Owner's rights and remedies under Article 5 and Article 13, will be charged against Supplier in an amount verified by Project Manager ; and, if incurred prior to final payment, a Change Order will be issued incorporating the necessary revisions in the Procurement Documents and a reduction in the Contract Price, or if incurred after final payment, an appropriate amount will be paid by Supplier to Owner. Such direct, indirect, and consequential costs will include, in particular but without limitation, compensation for additional professional Services required and all costs of repair and replacement of Goods, or DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 City of Emeryville
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property of Owner or others destroyed or damaged by correction, removal or replacement of defective Goods. Supplier will not be allowed an extension of the Contract Time because of any delay in performance attributable to the exercise by Owner of Owner's rights and remedies under this paragraph.
ARTICLE 14 - Suspension, Cancellation and Termination
14.01 Owner May Suspend
A. At any time and without cause, Owner may suspend production of the Goods or any portion thereof or the furnishing of Services for a period of not more than ninety days by notice in writing to Supplier and Project Manager . Upon fifteen days' written notice from Owner, SUPPLIER shall resume performance. Supplier will be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if Supplier makes an approved claim therefore as provided in Articles 11 or 12.
14.02 Termination for Convenience
A. Owner may, at any time with or without cause, upon ten days' written notice to Supplier, cancel all or any part of the undelivered Goods or unfurnished Services and terminate the Procurement Contract.
14.03 Termination for Cause.
A. Owner may terminate the Procurement Contract immediately Upon the occurrence of any one or more of the following events:
1. Supplier files for bankruptcy,
2. A petition is filed against Supplier under any chapter of Bankruptcy Code;
3. Supplier makes a general assignment for the benefit of creditors;
4. Breach of the Procurement Documents;
14.04 Following termination, Owner will reimburse Supplier for all expenditures made in good faith that are unpaid at the time of termination not to exceed the maximum amount payable under the Procurement Contract unless Contractor is in default of the Procurement Contract. Goods ARTICLE 15 - Miscellaneous
15.01 Giving Notice
A. Whenever any provision of the Procurement Documents requires the giving of written notice it will be deemed when sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice.
15.02 Computation of Time
A. When any period of time is referred to in the Procurement Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day will be omitted from the computation.
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B. A calendar day of twenty-four hours measured from midnight to the next midnight will constitute a day.
15.03 Professional Fees and Court Costs
A. Whenever reference is made to "claims, costs, losses and damages," it shall include in each case, but not be limited to, all fees and charges of Project Manager s, architects, attorneys and other professionals and all court or arbitration or other dispute resolution costs.
ARTICLE 16 – Dispute Resolution
16.01 Procedures
A. All claims, disputes and other matters in question between Owner, Installation Contractor and Supplier or other parties (“Parties”) arising out of, or relating to the Procurement Documents or the breach thereof shall be decided in accordance with the following procedures:
1. The Parties shall hold a meeting attended by persons with decision-making authority regarding the dispute to attempt in good faith to negotiate a resolution. The meeting shall be held promptly, but in no event later than 15 calendar days after the initial written notice of the dispute. Such meeting shall not be deemed to reduce or eliminate the obligations and liabilities of the Parties or be deemed a waiver by a Party of any remedies to which such Party would otherwise be entitled, unless otherwise agreed to by the Parties in writing.
2. If, within 15 calendar days after such meeting, the Parties have not succeeded in negotiating a resolution of the dispute, they agree to submit the dispute to non-binding mediation and to bear equally the costs of the mediation.
3. The Parties will jointly appoint a mutually acceptable mediator. If they fail to do so within 20 calendar days from the conclusion of the meeting referred to above, Owner and Supplier shall each select a mediator. The two mediators will then appoint, within ten calendar days of their selection, a third mediator who shall, as the sole mediator, conduct mediation for the Parties.
4. The Parties will schedule the mediation for a date no later than 30 calendar days after selection of the mediator(s). The Parties agree to participate in good faith in mediation, and negotiations related thereto for a period of 30 calendar days after mediation. The substantive and procedural law of the state in which the Project is located shall apply to the proceedings. If the Parties are not successful in resolving the dispute through mediation, then the Parties shall be free to litigate the matter, and agree that in the event of such litigation, the exclusive venue for such litigation shall be the state and the county in which the Project is located.
END OF DOCUMENT
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DOCUMENT 01000
MATERIAL SPECIFICATIONS FOR PROCUREMENT
ARTICLE 1 – Products – Hydrodynamic Separator Storm Water Treatment Device PART 1 -- GENERAL
1.1 REFERENCE SPECIFICATIONS, CODES, AND STANDARDS
A. Federal Specifications and Standards:
1. Regional Water Quality Control Board (RWQCB) NPDES Municipal Permit No. R2-2015-0049 (2015) Section C.10 Trash Capture
Commercial Standards:
ASTM A 615 Standard Specifications for Deformed and Plain Carbon-Steel Bars for Concrete Reinforcement.
ASTM D 3787 Standard Test Method for Bursting Strength of TextilesConstant- Rate-of- Traverse Ball Burst Test.
ASTM F 716 Standard Test Method for Sorbent Performance of Absorbents.
1.2 ABBREVIATIONS
A. Storm Water Treatment Device: SWTD
1.3 CONTRACTOR SUBMITTALS
A. Product Data.
B. Manufacturer's Published Installation Instructions.
C. Certificates:
1. Submit manufacturer's certificate attesting that SWTD meets specified requirements.
2. Manufacturer's certification of date and location of manufacture SWTD.
D. Submittal drawings that detail the SWTD and all components required:
1. System configuration and dimensions.
2. Interior components.
3. Any accessory equipment.
E. Inspection and maintenance documentation.
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1.4 QUALITY ASSURANCE
A. Contractor shall obtain a “Manufacturer’s Performance Certificate” certifying the SWTD is capable of achieving the specified removal efficiency for suspended solids as typically found in storm water runoff.
B. The SWTD manufacturer shall provide a certification from a Licensed Civil Engineer that the SWTD unit(s) will remove a minimum of 80% of total suspended solids (of the size fractions typical for urban runoff or as required by local regulations) from the design flow rate.
C. Contractor shall provide certification that the device is on the State Water Resources Control Board Certified Full Capture System List of Trash Treatment Control Devices.
D. Devices without these performance certifications will not be accepted.
E. Quality Control and Quality Assurance Records: Manufacturer shall maintain Quality Control and Quality Assurance records for a minimum of one year after manufacture of pipe and fittings associated with this project. Records shall be accessible by CITY at any time during this period.
F. Compliance Tests: In case of conflict with manufacturer's certifications, the Contractor, Engineer, or City may request retesting by the manufacturer or have retests performed by an outside testing service. All retesting shall be at the requestor's expense, and shall be performed in accordance with this Section.
1.5 DELIVERY, STORAGE, AND HANDLING
A. Delivery:
1. SWTD shall be shipped to the CONTRACTOR’s address or job site.
2. The CONTRACTOR shall offload the unit and shall place the SWTD in the exact site of installation.
B. Storage and Handling:
1. The Contractor shall exercise care in the storage and handling of the SWTD and all components prior to and during installation.
2. The Contractor is responsible for any repair or replacement costs associated with events occurring after delivery is accepted and unloading has commenced.
3. The SWTD and all components shall be stored indoors and transported inside the original shipping container until the unit is ready to be installed.
4. The SWTD shall be handled with care and lifted according to OSHA and NIOSA lifting recommendations.
1.6 WARRANTY
A. The manufacturer shall guarantee the SWTD against all manufacturing defects in materials and workmanship for a period of (5) years from the date of delivery to the project site. The manufacturer shall be notified of repair or replacement issues in writing within the warranty period.
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PART 2 --
2.1 STORM WATER TREATMENT DEVICE
A. The SWTD shall be a certified full capture device by the State Water Resources Control Board, and have certification from the board included in the submittal. The SWTD must trap all particles 5mm in diameter or greater up to the 1-year 1-hour design storm per section 2.8.
B. The SWTD shall be a pre-engineered inline hydrodynamic separation system.
C. The SWTD shall be composed of:
1. Multiple sediment removal chambers.
2. A screening system designed to capture and store solid debris such as foliage and litter in a dry state above the static water line.
3. A skimmer system to capture oils, grease, and floating pollutants.
2.2 MANUFACTURERS
A. One of the following or equal:
1. Bio Clean Environmental Services, Inc.:
398 Via El Centro
Oceanside, CA 92058
Phone: (760) 433-7640
Fax: (760) 433-3176
www.biocleanenvironmental.com
2. OldCastle Precast, Inc.:
7100 Longe Street, Suite 100
Stockton, CA 95206
Phone: (925) 667-7100
2.3 COMPONENTS
A. The SWTD (SWTD) and all of its components shall be self-contained within a concrete structure.
1. The concrete structure shall be constructed with a minimum 28 day compressive strength of 5,000 psi, with reinforcing per ASTM A 615, Grade 60.
2. The concrete structure shall support a minimum H-20 loading as indicated by AASHTO.
3. All seams and connection points shall be sealed water tight with non-shrink grout in accordance with manufactures recommendations and project specifications.
2.4 SCREENING SYSTEM
A. Screen Frame shall be constructed of stainless steel grade 316.
1. All joints and seams shall be welded or fastened together with stainless steel hardware.
2. All sides of screen frame shall be fixed.
3. The top section of the screen frame shall have one of the following, open top, hinged top section, or a track guided sliding top section per the Drawings.
4. The bottom section of the basket frame shall be a minimum of 3 inches above static water line DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 City of Emeryville
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and use a series of hinges to allow the bottom section to open to allow access to the sediment chambers located below in the lower portion of SWTD.
B. Screens shall be manufactured of 100% louvered expanded stainless steel grade 316.
1. The screen shall be capable of capturing and retaining 100% of pollutants greater than or equal to
4.7mm regardless if specific gravity for flows up to the device’s rated treatment capacity,
2. Screens shall have openings that face opposite the flow of passing stormwater to provide continuous shielding and prevent clogging
2.5 OIL SKIMMER
A. The skimmer system shall be mounted to the skimmer wall and located between the end of the screening system and the outlet pipe.
B. Skimmer wall shall be constructed of concrete with a minimum 28 day compressive strength of 5,000 psi, with reinforcing per ASTM A 615, Grade 60.
C. Oil Skimmer Cage
1. Oil Skimmer Cage shall be constructed of stainless steel frame with flattened expanded stainless steel.
2. Housing shall have a hinged top section.
3. Oil Skimmer Cage shall be secured to the skimmer wall with stainless steel hardware.
D. Media Filtration Boom
1. Media Filtration Boom shall be made of granulated oil absorbing polymers that have been tested in accordance with section 11.2 of ASTM F 716.07 and held with a netting. a. Oil absorbing polymers must be proven to absorb 180% of its weight within a 300 second contact time, and at this absorption percentage the physical increase in size shall not be more than 50%. b. Boom netting shall be 100% polyester with a number 16 sieve size, and strength tested per ASTM D787.
c. Filter netting shall be 100% polyester with a number 16 sieve size and strength tested per ASTM D 3787.
2.6 SEDIMENT CHAMBERS
A. Baffle Walls shall be constructed of concrete with a minimum 28 day compressive strength of 5,000 psi, with reinforcing per ASTM A 615, Grade 60.
B. Turbulence Deflectors shall be manufactured of 100% marine grade polyester resin and fiberglass strands or stainless steel and be mounted to the concrete baffles with stainless steel hardware.
1. The turbulence deflectors should be sized to effectively eliminate scouring and re-suspension of previously captured sediments in the sediment removal chambers.
2. The turbulence deflectors shall create a flow pattern that encourages suspended solids in influent flows to settle out and accumulate at the bottom of the SWTD.
3. All fiberglass deflectors shall be coated with a polyester gel coating with ultra violet inhibitors incorporated into the coating for maximum ultra violet protection. a. Fiberglass must have a minimum thickness of 3/16”.
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2.7 REMOVAL EFFICIENCIES
A. The SWTD shall be capable of capturing and retaining 100% of all materials greater than or equal to
4.7 mm and at flow rates listed on submittal drawings.
B. The SWTD shall not release material during flow events greater than the design flow rate. All removal efficiencies shall be tested in accordance with these specifications
2.8 HYDRAULIC CAPACITY
A. The SWTD must meet the following hydraulic criteria and what are shown in the table below.
Contractor must provide supporting documents, engineering calculations, and certified test results to demonstrate the device meets the specified criteria.
1. System must have a treatment capacity to treat (to trap all particles that are 5mm or greater) not less than the peak flowrates as per the Water Board's requirements.
2. System must have a capacity to convey the peak flow rate through the system, resulting from the 1-yr, 1-hr storm event, without causing any street flooding when the system is clean and has not trapped any particles larger than 5mm.
3. System must have a capacity to convey the peak flow rate through the system, resulting from the 1-yr, 1-hr storm event, without causing any street flooding when the system is full and can no longer capture trash.
4. System must have a capacity to convey the peak flow rate through the system, resulting from the 1-yr, 1-hr storm event, at the least headloss*, and in no case shall the headloss values exceed those provided in the table below.
5. System must have a capacity to convey the peak flow rate through the system, resulting from the 10-yr, 24-hr storm event, at the least headloss*, and in no case shall the headloss values exceed those provided in the table below.
6. * The headloss values of the Contractor-selected LTC system must be the lowest among the three LTC systems named in these contract documents
Headloss Criteria for Clean LTC System
(System is clean and has not captured any particles larger than 5mm) Location Existing
Pipe
Size (in)/
Pipe
Material
1-yr, 1-hr
Treatment
Flow Rate
(cfs)
Maximum
Acceptable
Headloss through
System at
Treatment Flow
Rate (ft)
10-yr Flow
Rate (cfs)
Maximum
Acceptable
Headloss through
System at 10-year
Flow Rate
W. MacArthur
Blvd Onramp 36” Steel 23 0.5 93* NA
*Upstream system does not have this capacity – this is only if the upstream system is ever upsized for the 10- year runoff.
2.9 STORAGE CAPACITY
A. The SWTD must have multiple sediment removal chambers for storage of sediments and other nonfloatable pollutants.
1. The volume of each sediment removal chamber shall be called out on the submittal drawings.
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2. The SWTD shall have a skimmer to capture hydrocarbons. a. The skimmer shall be equipped with storm booms per these specifications. b. The storm boom shall be capable of capturing up to 180% of its weight in oils & grease along with other emulsified and free floating hydrocarbons and tested per these specifications.
2.10 POLLUTION SEPARATION
A. The SWTD shall be equipped with a screening system capable of capturing and storing solid debris such as foliage and litter in a dry state above the static water line.
1. The debris captured by the screening system shall be stored a minimum of 3.5" above the static water line.
2. The screening system shall be located directly under the systems access hatch(s) to allow easy maintenance and removal of captured debris.
2.11 TEST PERFROMANCE
A. The SWTD shall meet all of the following performance standards.
1. The SWTD shall have full capture approval by a city or government agency. a. Full capture is defined as 100% removal of all materials of a specific size as required by state and local regulations.
2. The SWTD shall be independently tested by a city or government agency to capture a minimum of 90% of all oils and grease along with other emulsified and free floating hydrocarbons.
3. The SWTD shall be independently field tested by a city or government agency and demonstrated to remove a minimum of 80% TSS.
2.12 STRUCTURAL DESIGN REQUIREMENTS
A. The SWTD must meet the required construction footprints as shown in the table below. Also, refer to the Project Plans for the approximate location and dimension for the construction site Maximum SWTD Construction/Shoring Pit Footprint Area Allowed Location Existing Pipe
Size (in)/
Pipe Material
Depth to
Invert
(upstream)
Depth to
Invert
(downstream)
Maximum Pit Excavation Dimensions
(Footprint Area)
Length Parallel
to SD Main
(FT)
Width perpendicular
to SD Main (FT)
W. MacArthur
Blvd Onramp 36 Steel 9.76’ 9.80’ 22 15
B. Pre-cast concrete device shall be designed to accommodate a slide gate on upstream and downstream ends of the device. Minimum spacing between inside face of structure with pipe penetration and device internals shall be no less than 1-foot.
C. Two H-20 rated hatches and hatch openings shall be located to accommodate installation and removal of stainless steel slide gates – clear opening dimensions shall be 24” x 48” and 48” x 48” for downstream and upstream hatch locations respectively.
D. Maximum depth of Sediment Chamber shall not exceed available service depth of existing City of DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 City of Emeryville
FY 2022/2023 – Hydrodynamic Separator Page 39 of 37
Emeryville vactor equipment to be used for regular maintenance. Maximum service depth is 13-feet measured from the ground surface.
END OF DOCUMENT
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 PART D - SECTION 4
SLIDE GATES RFP
(for information only)
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3
CITY OF EMERYVILLE
REQUEST FOR PROPOSALS
HYDRODYNAMIC SEPARATOR SLIDE GATES
FOR THE
TRASH CAPTURE PROJECT
PROJECT NO. EPW 18-107
City of Emeryville
1333 Park Avenue
Emeryville, CA 94608
Tel: (510) 596-4344
Contact Info:
Nancy Humphrey
[email protected]
510-596-3278
ISSUED AUGUST 31, 2022
PROPOSALS DUE SEPTEMBER 13, 2022, 2 PM
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 City of Emeryville
FY 2022/2023 – Hydrodynamic Separator Slide Gates Page 1 of 37
CITY OF EMERYVILLE
PROCUREMENT DOCUMENTS FOR
HYDRODYNAMIC SEPARATOR SLIDE GATES
TRASH CAPTURE PROJECT
PROJECT NO. EPW 18-107
TABLE OF CONTENTS
PROPOSAL REQUIREMENTS
Section No.Title
00100 Procurement Request for Proposals
00200 Instructions to Proposers
00410 Proposal Form
00510 Procurement Notice of Award
PROPOSAL FORMS
Section No.Title
00522 Contract
00550 Notice to Proceed
00608 Assignment of Procurement Contract
00610 Surety's Agreement to Assignment
CONDITIONS OF THE PROPOSAL
Section No.Title
00701 General Conditions
TECHNICAL PROCUREMENT SPECIFICATIONS
Section No.Title
01000 Material Specifications
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 City of Emeryville
FY 2022/2023 – Hydrodynamic Separator Slide Gates Page 2 of 37 DOCUMENT 00100
PROCUREMENT REQUEST FOR PROPOSALS (RFP)
City of Emeryville
1333 Park Avenue
Emeryville, CA 94608
PROCUREMENT OF
HYDRODYNAMIC SEPARATOR SLIDE GATES
TRASH CAPTURE PROJECT
PROJECT NO. EPW 18-107
ARTICLE 1 - PROPOSALS DEADLINE
1.01 Proposers must submit sealed proposals in accordance with the requirements of this request for proposal (RFP) to the City of Emeryville (FSSD, or Owner) (before 2:00 p.m., P.S.T., Tuesday, September 13, 2022. Proposers shall submit one (1) complete hard copy of the proposal and one (1) electronic copy for Owner's review. Proposals may be submitted by mail or delivered in person to:
Nancy Humphrey, Project Manager
Subject: Proposal for Procurement of Hydrodynamic Separator Slide Gates for the
TRASH CAPTURE PROJECT
PROJECT NO. EPW 18-107
City of Emeryville
1333 Park Avenue
Emeryville, CA 94608
Proposals will not be publicly opened.
All questions regarding proposal requirements should be directed to the Project Manager Nancy Humphrey
City of Emeryville
Phone: 510-596-3278
Email: [email protected]
ARTICLE 2 – DESCRIPTION OF THE GOOD AND SERVICES
2.01 Owner is requesting price proposals for the furnishment, and delivery of a single Storm Water Treatment Device (SWTD) Slide Gates as described in Section 01000 of the Technical Procurement Specification included in this document (the “Goods”).
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 City of Emeryville
FY 2022/2023 – Hydrodynamic Separator Slide Gates Page 3 of 37 ARTICLE 3 - PROCUREMENT DOCUMENTS
3.01 All proposals must be in accordance with these procurement documents and the information provided herein. A complete set of procurement documents will include completed forms included in this RFP.
ARTICLE 4 - PROPOSAL SECURITY
4.01 Proposer shall guarantee the total proposal price for the actual length of time necessary for Proposer to deliver materials as noted in the preliminary schedule pursuant to Article 1 of the Contract.
ARTICLE 5 - ASSIGNMENT OF PROCUREMENT CONTRACT
5.01 It is the Owner’s intent to purchase the Goods in anticipation of the Trash Capture Project, construction of which will be separately bid and awarded to a contractor for installation (the “Installation Contractor”).
5.02 It is the Owner’s intent to assign the executed Procurement Contract for the Goods to the Installation Contractor at the time the construction contract is executed such that the Goods will be delivered to, and paid for by, the Installation Contractor.
5.03 Assignment of the Procurement Contract will include all contract provisions, including but not limited to furnishing all materials according to technical specifications, delivery, storage, commercial and payment terms, services, warranties, and delivery schedule provisions. .
5.04 After the Procurement Contract has been assigned to the Installation Contractor, Proposer shall function as a supplier to the Installation Contractor, and all obligations of the Proposer to Owner shall, after assignment, become obligations of Proposer to the Installation Contractor.
5.05 After assignment, risk of loss as it relates to the Goods shall be borne by Proposer until delivery and acceptance by the Installation Contractor and thereafter shall be borne by the Installation Contractor until final acceptance by Owner.
5.06 Owner reserves the right to forego assignment of the Procurement Contract to the Installation Contractor and continue the Procurement Contract in full force and effect. Owner may require the Installation Contractor to include in their proposal the negotiated purchase price for all Goods according to the terms and conditions of the Procurement Contract Documents, at Owner’s sole discretion.
ARTICLE 6 - OWNER'S RIGHTS
6.01 Owner reserves the right, in its sole discretion, to reject any or all proposals or to cancel this RFP in its entirety, including without limitation the right to reject any or all nonconforming, nonresponsive, or conditional proposals, and to reject the proposal of any Proposer if Owner believes that it would not be in the best interest of Owner to make an award to that Proposer. Owner also reserves the right to waive formalities or minor variances in proposals if such waiver does not modify the RFP requirements or excuse the Proposer from full compliance with the RFP. Notwithstanding any minor variance, Owner may hold any Proposer to strict compliance with the RFP.
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 City of Emeryville
FY 2022/2023 – Hydrodynamic Separator Slide Gates Page 4 of 37
END OF DOCUMENT
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 City of Emeryville
FY 2022/2023 – Hydrodynamic Separator Slide Gates Page 5 of 37 DOCUMENT 00200
INSTRUCTIONS TO PROPOSERS
ARTICLE 1 - RESERVED
ARTICLE 2 – RESERVED
ARTICLE 3 - EXAMINATION OF PROCUREMENT DOCUMENTS
3.01 It is the responsibility of each Proposer, before submitting a proposal, to (a) thoroughly examine the Procurement Documents; (b) become familiar with local conditions that may affect cost, progress, performance, or furnishing of the work; (c) consider federal, state, and local laws and regulations that may affect cost, progress, performance, or furnishing of the materials; and (d) notify Project Manager of all conflicts, errors, or discrepancies discovered by Proposer in the Procurement Documents.
3.02 Proposer's Representation: The submission of a proposal will constitute an incontrovertible representation by Proposer that Proposer has complied with every requirement of the Procurement Documents, that without exception the proposal is premised upon performing and furnishing the Goods required by the Procurement Documents, and that the Procurement Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance.
ARTICLE 4 - INTERPRETATIONS AND ADDENDA
4.01 All questions about the meaning or intent of the Procurement Documents shall be submitted to Project Manager in writing. Interpretations or clarifications considered necessary by Project Manager in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Project Manager as having received the Procurement Documents.
Questions received less than five business days prior to the date for submittal of proposals may not be answered. Only answers issued by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.
ARTICLE 5 - PROPOSAL SECURITY
NOT USED
ARTICLE 6 - CONTRACT TIMES
6.01 The number of days within which, or the dates by which, certain Milestones are to be substantially completed are set forth in the Procurement Contract.
ARTICLE 7 - LIQUIDATED DAMAGES
7.01 Provisions for liquidated damages, if any, are set forth in the Procurement Contract.
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 City of Emeryville
FY 2022/2023 – Hydrodynamic Separator Slide Gates Page 6 of 37 ARTICLE 8 - SUBSTITUTE ITEMS
8.01 Application for review of substitute materials or equipment, if permitted by the General Conditions, will not be considered by the Project Manager until after the effective date of the Procurement Contract.
ARTICLE 9 - PROPOSAL FORM
9.01 Proposals shall be submitted using the Proposal Form attached as Document 00410. The proposal must be completed in ink.
9.02 The names of all persons signing shall be legibly printed below their signatures. A proposal by a person who affixes to their signature the word “president,” “secretary,” “agent,” or other designation without disclosing their principal may be held to be the proposal of the individual signing. When requested by Owner, evidence of the authority of the person signing shall be furnished.
9.03 The proposal shall contain an acknowledgment of receipt of all Addenda, the numbers and dates of which shall be filled in on the Proposal Form.
9.04 No alterations of proposals by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Proposer; if initialed, Owner may require the Proposer to identify any alteration so initialed.
ARTICLE 10 – SUBMISSION OF PROPOSALS
10.01 A proposal shall be submitted no later than the date and time prescribed and at the place indicated in the Invitation to Propose and shall be enclosed in a plainly marked package with the subject – “Proposal for City of Emeryville Procurement of Hydrodynamic Separator for the Trash Capture Project”, the name and address of Proposer, and shall be accompanied by the Proposal Bond and other required documents.
10.02 Proposer shall assume full responsibility for timely delivery at the location designated for receipt of proposals. Proposals received after the time and date for receipt of proposals will not be considered.
10.03 One copy of the Proposal Form provided with each set of Procurement Documents containing the Proposal Form must be submitted with the proposal.
10.04 Oral, telephone, facsimile, or emailed proposals are invalid and will not receive consideration.
10.05 Proposers may not submit more than one proposal. Multiple proposals under different names will not be accepted from one firm or association.
10.06 With each copy of the Proposal Forms, a Proposer is furnished one separate unbound DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 City of Emeryville
FY 2022/2023 – Hydrodynamic Separator Slide Gates Page 7 of 37 copy of the Proposal Form and Proposal Bond Form. The unbound copy of the Proposal Form and Proposal Bond Form are to be completed and submitted with the following documents:
A. Copy of the Warranty and Terms and Conditions. Documents shall contain all INSTALLATION CONTRACTOR requirements for proper on-site or off-site storage and maintenance of equipment after shipping but prior to installation, after installation and before final acceptance to maintain Owner Warranty.
ARTICLE 11 – MODIFICATION AND WITHDRAWAL OF PROPOSALS
11.01 Proposers may modify or withdraw proposals in writing, duly executed (in the same manner that a proposal must be executed) and delivered to the place where proposals are to be submitted at any time prior to the deadline for receipt of proposals.
ARTICLE 12- OPENING OF PROPOSALS
12.01 Proposals will not be publicly opened. Each Proposer will be notified of the receipt of their proposal once it has been opened by the Owner.
ARTICLE 13. – PROPOSALS TO REMAIN SUBJECT TO ACCEPTANCE
13.01 Subject to the provisions of Article 11, all proposals will remain subject to acceptance for the number of days set forth in the Proposal Form, but Owner may, in its sole discretion, release any proposal and return the proposal security prior to that date.
ARTICLE 14 – AWARD OF CONTRACT
14.01 In evaluating proposals, Owner will consider the qualifications of the Proposers, whether or not the proposals comply with the prescribed requirements, and such unit prices, and other data as may be requested in the Proposal Form or prior to the Notice of Award.
14.02 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any proposal and to establish the responsibility, qualifications, production capacity, and financial ability of Proposers, proposed subcontractors, suppliers, and other persons and organizations to perform and furnish the Goods in accordance with the Procurement Documents to Owner's satisfaction within the prescribed time.
14.03 If the Procurement Contract is to be awarded, it will be awarded to the Proposer offering the best value to Owner and the public and upon Owner’s determination, if at all, that the award will be in the best interests of Owner.
14.04 If the Procurement Contract is to be awarded, Owner will give the Selected Proposer a Notice of Award as set forth in the Proposal Form.
14.05 The evaluation of Proposer’s data submitted with the proposal, or submitted upon request prior to the Notice of Award, will include consideration of the following:
A. Price proposed for purchase of all Goods required by the Procurement Documents as listed on the Proposal Form, Items 1 through 11 inclusive.
B. Any other information Owner deems appropriate in making a selection in the best DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 City of Emeryville
FY 2022/2023 – Hydrodynamic Separator Slide Gates Page 8 of 37 interest of the Owner and the Project.
ARTICLE 16 - SIGNING OF PROCUREMENT CONTRACT
16.01 When Owner issues a Notice of Award to the Selected Proposer, it shall be accompanied by the required number of unsigned counterparts of the Procurement Contract along with the other Contract documents which are identified in the Procurement Contract. Within 10 days after receipt of the Procurement Contract for execution, Selected Proposer shall sign and deliver the required number of counterparts of the Procurement Contract and attached documents to Owner.
ARTICLE 17 - PREPROPOSAL CONFERENCE
17.01 NOT USED
ARTICLE 18 - SALES AND USE TAXES
18.01 Provisions for sales and use taxes are set forth in the General Conditions.
END OF DOCUMENT
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 City of Emeryville
FY 2022/2023 – Hydrodynamic Separator Slide Gates Page 9 of 37 DOCUMENT 00410
PROPOSAL FORM
PROJECT IDENTIFICATION:
City of Emeryville Trash Capture Project
Procurement for a Hydrodynamic Separator Slide Gates.
Contract Number
THIS PROPOSAL IS SUBMITTED BY:
(Proposer)
(Proposer’s Address)
THIS PROPOSAL IS SUBMITTED TO:
Nancy Humphrey
City of Emeryville
1333 Park Avenue
Emeryville, CA 94608
ARTICLE 1 - INTENT TO SIGN AGREEMENT
1.01 The undersigned Proposer agrees that it has reviewed the Procurement Contract and has accepted it with or without qualification. If the Proposer makes qualifications, those qualifications must be identified and listed in the proposal along with suggested modifications to the contract. If the Proposer makes no qualifications to the Procurement Contract, including exhibits, then it shall be deemed that the Proposer accepts the Procurement Contract without reservation or any qualifications. If Proposer’s proposal is accepted, Proposer agrees to enter the Procurement Contract with Owner and to perform and furnish all Goods as specified or indicated in the Procurement Documents within the specified time and for the amount indicated in this Proposal and in accordance with the other terms and conditions of the Procurement Documents.
ARTICLE 2 - SUPPLIER’S ACKNOWLEDGMENT
2.01 Proposer accepts all of the terms and conditions of Document 00100 – Procurement Invitation to Propose and Document 00200 - Instructions to Proposers, including without limitation those dealing with the disposition of proposal security. This proposal will remain subject to acceptance for 90 days after the deadline for submission. Proposer will sign and submit the Procurement Contract with any required Bonds and other attachments as required by the Procurement Documents and as provided in Owner's Notice of Award.
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 City of Emeryville
FY 2022/2023 – Hydrodynamic Separator Slide Gates Page 10 of 37 ARTICLE 3 - PROPOSER’S REPRESENTATIONS
3.01 In submitting this Proposal, Proposer represents that:
A. Proposer has examined copies of all the Procurement Documents and the following Addenda (receipt of all which is hereby acknowledged):
ADDENDA
No. Dated
No. Dated
No. Dated
No. Dated
No. Dated
B. Proposer has become familiar with and satisfied itself as to the general, local, and site conditions that may affect cost, progress, performance, and furnishing of the Goods.
C. Proposer is familiar with and has satisfied itself as to all federal, state, and local Laws and Regulations that may affect cost, progress, performance, and furnishing of the Goods.
D. Proposer has given Project Manager written notice of all conflicts, errors, ambiguities, or discrepancies that Proposer has discovered in the Procurement Documents and the written resolution thereof by Project Manager is acceptable to Proposer, and the Procurement Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Goods for which this Proposal is submitted.
ARTICLE 4 - PROPOSER’S CERTIFICATION
4.01 Proposer further represents:
A. This Proposal is genuine and not made in the interest of or on behalf of any undisclosed person, firm, or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation.
B. Proposer has not directly or indirectly induced or solicited any other Proposer to submit a false or sham proposal.
C. Proposer has not solicited or induced any person, firm, or corporation to refrain from proposing; and Proposer has not sought by collusion to obtain for itself any advantage over any other Proposer or over Owner.
ARTICLE 5 - BASIS OF PROPOSAL
5.01 Proposer will provide the Goods for the following Total Prices, which shall include all taxes and freight/delivery and any other charges to provide and deliver the specified materials as specified on the Procurement Documents:
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 City of Emeryville
FY 2022/2023 – Hydrodynamic Separator Slide Gates Page 11 of 37 BID SHEET FOR THE TRASH CAPTURE PROJECT City of Emeryville City Project No. EPW 18-107 Department of Public
Works
Units of Measure Abbreviations are defined in Section One of the Standard Specifications Item
No.
Description Unit Estimated
Quantity
Unit Price Item Total
GENERAL ITEMS
1 Hydrodynamic Separator Storm Water Slide Gates LS 2
TOTAL BID PRICE (IN FIGURES)
TOTAL BID PRICE (IN WORDS)
5.02 Proposer agrees that the Goods will be provided within the times or following numbers of days after Notice of Award as defined in the General Conditions:
Anticipated Notice to Proceed for Installation
Contractor
Delivery of all materials to the site or to an
agreed upon storage location for the
Installation Contractor
December 7, 2022
Earliest anticipated delivery December 16, 2022
Latest acceptable delivery January 19, 2023
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 City of Emeryville
FY 2022/2023 – Hydrodynamic Separator Slide Gates Page 12 of 37
5.03 Communications concerning this Proposal should be sent to Proposer at the following address (please include phone and email contact information):
5.04 The terms used in this Proposal have the meanings assigned to them in the Procurement Documents, including the General Conditions.
ARTICLE 6 - ASSIGNMENT OF PROCUREMENT CONTRACT
6.01 Proposer acknowledges that the Procurement Contract, if awarded, may be assigned by the Owner to Installation Contractor, and hereby consents and agrees to the assignment under the terms and conditions of the Procurement Documents.
SIGNATURE OF PROPOSER
By
(Company Name)
By
(Signature of Authorized Person)
(Title)
(Date)
Business address
Phone Number: FAX Number:
Email: ____________________________________________
END OF DOCUMENT
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 City of Emeryville
FY 2022/2023 – Hydrodynamic Separator Slide Gates Page 13 of 37 DOCUMENT 00510
PROCUREMENT NOTICE OF AWARD
Date , 2022
To:
(Proposer)
Address:
Project: City of Emeryville Trash Capture Project, Procurement of Hydrodynamic Separator Slide Gates.
You are hereby notified that your Proposal dated, , 2022 for the above Contract has been considered. You are the apparent successful Proposer and have been selected for the above-named Project.
The Proposal Price of your contract is $
Dollars
Three (3) copies of the Procurement Contract accompany this Notice of Award.
Unless otherwise indicated, you must respond within ten days of the date of this Notice of Award, that is, by , 2022. We plan to award this Project at the Owner's meeting , 2022.
1. You must deliver to the Owner two (2) fully executed Procurement Contracts.
2. NOT USED
3. You must deliver a preliminary schedule as specified in Article 2 of the General Conditions.
Failure to comply with these conditions within the time specified will entitle the Owner to consider your Proposal abandoned, to annul this Notice of Award, and to declare any Proposal security forfeited.
Owner
(Signature)
(Date)
City of Emeryville
1333 Park Avenue
Emeryville, CA 94608
END OF DOCUMENT
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 City of Emeryville
FY 2022/2023 – Hydrodynamic Separator Slide Gates Page 14 of 37 DOCUMENT 00522
CONTRACT
THIS PROCUREMENT CONTRACT (Contract) is by and between City of Emeryville (Owner) and
(herein called SUPPLIER).
Owner and SUPPLIER, in consideration of the mutual covenants herein set forth, agree as follows:
ARTICLE 1 - GOODS
1.01 SUPPLIER shall provide Goods as specified or indicated in the Procurement Documents based on the acceptance by Owner of Supplier's Proposal.
1.02 Services shall be in accordance with the Procurement Documents including but not limited to those specified in Section 01000 as applicable.
1.03 The agreed upon Goods shall be provided within the times or number of days established by the following schedule:
Anticipated Notice to Proceed for
Installation Contractor
Delivery of all materials to the site or to
an agreed upon storage location for the
Installation Contractor
December 7, 2022
Earliest anticipated delivery December 16, 2022
Latest acceptable delivery January 19, 2023
1.04 The places where Goods are to be delivered (Point of Delivery) Freight on Board shall be designated by Installation Contractor or Owner prior to shipment. Such location within 10 miles of the project site (i.e., the intersection of MacArthur Blvd and Emery Street in Emeryville, CA.).
1.05 SUPPLIER shall coordinate the actual delivery date and time with the Installation Contractor or Owner.
ARTICLE 2 - PROJECT MANAGER
2.01 Project Manager, and its duly authorized agents, are to act as Owner's representatives and assume all duties and responsibilities and have the rights and authority assigned to Project Manager in the General Conditions.
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 City of Emeryville
FY 2022/2023 – Hydrodynamic Separator Slide Gates Page 15 of 37 ARTICLE 3 - PAYMENT AND PROCEDURES
3.01 Progress Payments. Supplier shall submit an Application for Payment to Owner, or Installation Contractor after assignment, claiming the amount due in accordance with the schedule of payments and the Procurement Documents.
3.02 Schedule of Payments. Supplier shall be entitled to claim payments for Goods in accordance with the following schedule:
Goods Provided
Payment (Cumulative
Percentage of Contract Price)
Delivery of all materials to the site in accordance 95
with a schedule agreed to by Owner
or Installation Contractor in
acceptable condition (payment
application to Installation
Contractor)
Completion of installation by 100
Installation Contractor,
including all field testing, and
satisfactory completion of installation
inspection by Owner (payment
application to Installation Contractor)
3.03 Retainage: NOT USED.
3.04 Final Payment: Upon completion of installation and successful completion of all in-place testing by Owner of all Goods of the Supplier, final payment and release of retainage may be claimed by Supplier through the Installation Contractor. Applications for Payment will be processed by Project Manager as provided in the General Conditions.
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 City of Emeryville
FY 2022/2023 – Hydrodynamic Separator Slide Gates Page 16 of 37 ARTICLE 4 - PROCUREMENT DOCUMENTS
4.01 The Procurement Documents which comprise the entire agreement between Owner and consist of the following:
The Procurement Contract, Addenda (which pertain to the Procurement Documents), Supplier's proposal (including documentation accompanying the proposal and any post proposal documentation submitted prior to the Notice of Award when attached as an exhibit to the Procurement Contract), the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Procurement Contract, together with all Written Amendments, Change Orders, Field Orders and Project Manager's written interpretations and clarifications issued on or after the Effective Date of the Procurement Contract.
4.02 There are no Procurement Documents other than those listed in this article. The Procurement Documents may be amended, modified, or supplemented only as provided in the General Conditions.
ARTICLE 5 - ASSIGNMENT OF PROCUREMENT CONTRACT
5.01 As stated in the Request for Proposals, this Contract may, at the Owner’s sole discretion, be assigned by Owner to Installation Contractor, and Supplier will accept such assignment, pursuant to the Procurement Documents. In the application of the terms and conditions of the Procurement Documents after said assignment, Supplier will function as a subcontractor to the Installation Contractor, and all obligations of Supplier to Owner will become obligations of Supplier to the Installation Contractor. Notwithstanding this assignment, the guarantees and warranties specified in the Procurement Documents are intended for the benefit of Owner and the Installation Contractor and may be enforced by either party.
5.02 Assignment of this Contract shall be accomplished on Document 00608 - Assignment of Procurement Contract, a copy of which is attached to this Contract.
ARTICLE 6 - MISCELLANEOUS
6.01 Terms used in this Contract will have the meanings indicated in the General Conditions.
6.02 No assignment by a party of any rights under or interests in this Contract will be binding on the other party without the written consent of the party sought to be bound; and specifically, but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law); and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Procurement Documents, except an assignment or transfer of this Contract to Installation Contractor, under the terms and conditions of the Procurement Documents, shall not be deemed an "assignment" subject to the provisions set forth herein before.
6.03 Owner and Supplier each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect of all covenants, agreements, and obligations contained in the DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 City of Emeryville
FY 2022/2023 – Hydrodynamic Separator Slide Gates Page 17 of 37 Procurement Documents.
6.04 The business address of Supplier given below is designated as the place to which all notices, letters, and other communication to Supplier will be mailed or delivered. The address of Owner given below is designated as the place to which all notices, letters, and other communication to Owner shall be mailed or delivered. Either party may change its address at any time by an instrument in writing delivered to Project Manager and to the other party.
IN WITNESS WHEREOF, Owner and Supplier have signed this Contract.
This Contract will be effective on .
Owner:
SUPPLIER:
By: By:
Title: Title:
Address for giving notices: Address for giving notices:
END OF DOCUMENT
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 City of Emeryville
FY 2022/2023 – Hydrodynamic Separator Slide Gates Page 18 of 37 DOCUMENT 00550
NOTICE TO PROCEED
To:
Project: Trash Capture Project Procurement of Hydrodynamic Separator Slide Gates.
Procurement Contract Number:
Amount of Contract:
You are hereby notified to commence work on the referenced Contract on or before , 2022, and shall complete all of the work of said Contract within consecutive calendar days thereafter. Your final completion date is therefore , 2023.
OWNER
(Signature)
(Date)
ACCEPTANCE OF NOTICE
Receipt of the foregoing Notice to Proceed is hereby acknowledged by this day of , 2022.
SUPPLIER
(Signature)
(Date)
END OF DOCUMENT
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 City of Emeryville
FY 2022/2023 – Hydrodynamic Separator Slide Gates Page 19 of 37 DOCUMENT 00608
ASSIGNMENT OF PROCUREMENT CONTRACT
The Procurement Contract between City of Emeryville(Owner) and (Supplier) for the procurement
of Hydrodynamic Separator Slide Gates under the Procurement Documents entitled “Procurement of Hydrodynamic Separator Slide Gates Trash Capture Project” is hereby assigned, transferred, and set over to ,
the Installation Contractor for the general construction Work for the Trash Capture Project, who shall be totally responsible for all work performed by the assigned and for the Owner's obligations and rights contained in the Procurement Documents.
This assignment will be effective on the effective date of the contract between the Owner and the Installation Contractor for the general Construction Work.
ASSIGNMENT DIRECTED BY:
For City of Emeryville
By:
(Signature) (Title)
ASSIGNMENT CONSENTED TO BY:
Supplier
By:
(Signature) (Title)
ASSIGNMENT ACCEPTED BY:
Contractor
By:
(Signature) (Title)
END OF DOCUMENT
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 City of Emeryville
FY 2022/2023 – Hydrodynamic Separator Slide Gates Page 20 of 37 DOCUMENT 00701
GENERAL CONDITIONS
ARTICLE 1 - Definitions
Defined Terms:
A. Wherever used in these General Conditions or in the other Procurement Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof:
1. Acceptance, Final Acceptance — The formal action by Owner accepting the Goods as completed.
2. Award — The formal acceptance of the Proposal by Owner and offer to contract.
3. Addenda--Written or graphic instruments issued prior to the opening of proposals which clarify, correct or change the Procurement Documents.
4. Change Order--A document recommended by Project Manager , which is signed by Proposer and Owner and authorizes an addition, deletion or revision in the Goods, or an adjustment in the Procurement Contract Price or the Procurement Contract Times, issued on or after the effective date of the Procurement Contract.
5. Construction Manager — The person, firm or corporation with whom Owner has contracted to provide construction management services for the Project.
6. Contractor, or Installation Contractor--The person, firm or corporation with whom Owner has entered into a contract for construction or installation of the Trash Capture project.
7. Contractor's Representative — An individual authorized by Installation Contractor to act on his behalf.
8. Drawings--The drawings prepared by Owner which show the scope, extent and character, of Goods to be furnished by SUPPLIER and which have been prepared or approved by Project Manager and are referred to in the Procurement Documents.
9. Project Manager --The person, firm or corporation named as such in the Contract.
10. Field Order--A written order issued by Project Manager which orders minor changes in the Goods or Services in accordance with Article 3 but which does not involve a change in the Procurement Contract Price or the Procurement Contract Times.
11. General Requirements-- Sections of Division 1 of the Specifications. The General Requirements govern execution of all sections of the Specifications.
12. Goods--All tangible personal property required to be furnished under the Procurement Documents.
13. Milestone--A principal event specified in the Procurement Documents relating to an intermediate date or time for furnishing a designated portion of the Goods or a phase of the Services prior to the Procurement Contract Times for furnishing all Goods.
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 City of Emeryville
FY 2022/2023 – Hydrodynamic Separator Slide Gates Page 21 of 37
14. Notice of Award--The written notice by Owner to the apparent successful Proposer stating that upon compliance by the apparent successful Proposer with the conditions precedent enumerated therein, within the time specified, Owner will sign and deliver the Procurement Contract.
15. Notice to Proceed--A written notice given by Owner to Supplier (with a copy to Project Manager ) fixing the date on which the Procurement Contract Times will commence to run and on which Supplier shall start to perform Supplier's obligations under the Procurement Documents.
16. Owner--The City Emeryville, which issued the Request for Proposals and with whom Supplier has entered into the Procurement Contract and for whom the Goods are to be provided.
17. Partial Utilization--Use by Owner of a substantially completed part of the Goods for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Goods.
18. Point of Delivery--The place designated in the Procurement Contract where the Goods are to be delivered.
19. Procurement Contract--The written agreement between Owner and Supplier covering the furnishing of the Goods.
20. Procurement Contract Price--The moneys payable by Owner to Supplier for the Goods in accordance with the Procurement Documents.
21. Procurement Contract Times--The number of days or the date stated in the Contract for furnishing the Goods ready for final payment as evidenced by Project Manager 's written recommendation of final payment in accordance with Article 6.
22. Procurement Documents-- The Procurement Contract, Addenda (which pertain to the Procurement Documents), Supplier's proposal (including documentation accompanying the proposal and any post proposal documentation submitted prior to the Notice of Award when attached as an exhibit to the Procurement Contract), the Notice to Proceed, the Bonds, these General Conditions, the Supplementary Conditions, the Specifications and the Drawings as the same are more specifically identified in the Procurement Contract, together with all Written Amendments, Change Orders, Field Orders and Project Manager 's written interpretations and clarifications issued on or after the Effective Date of the Procurement Contract.
23. Project—The Trash Capture project Goods.
24. Proposer – any individual or entity submitting a proposal in response to the Request for Proposal.
25. Proposal--The offer or proposal of the Proposer submitted on the prescribed form setting forth the price(s) for furnishing the Goods.
26. Services--Services to be furnished by Supplier during manufacture and at the Project site.
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 City of Emeryville
FY 2022/2023 – Hydrodynamic Separator Slide Gates Page 22 of 37
27. Shop Drawings--All drawings, diagrams, illustrations, schedules and other data or information which are specifically prepared by or for Supplier and submitted by Supplier to illustrate some portion of the Goods.
28. Specifications--Those portions of the Procurement Documents consisting of written technical descriptions of materials, equipment, construction systems, standards and workmanship as applied to the Goods, and certain administrative details applicable thereto.
29. Supplementary Conditions-- The part of the Procurement Documents which amends or supplements these General Conditions.
30. Supplier—The manufacturer, fabricator, distributor, materialman or vendor with whom Owner has entered into the Procurement Contract to furnish the Goods materials or equipment to be incorporated in the Goods by Supplier or any subcontractor.
31. Submittals — Shop Drawings, catalog cuts, samples, operating and maintenance instructions, progress payments, proof of prevailing wages form, requests, and other documents and items specified to be delivered to Owner or Owner's representative.
ARTICLE 2 - Preliminary Matters
2.01 Delivery of Bonds & Insurance Certificates
A. When Supplier delivers the executed Procurement Contract to Owner, Supplier shall also deliver to Owner such Bonds as Supplier may be required to furnish in accordance with paragraph 4.01 and such certificates of insurance (and other evidence of insurance requested by Owner) which Supplier is required to purchase and maintain in accordance with the Procurement Documents.
2.02 Commencement of Contract Time
A. The Contract Time will commence to run as specified in the Notice to Proceed.
2.03 Schedules
A. All preliminary schedules of progress, sample submittals, tests, and deliveries as required by the Procurement Documents will be reviewed by Project Manager. After review by Project Manager and discussion with Supplier as appropriate, all such schedules will be finalized to the satisfaction of the Project Manager. No schedule which is required to be and has been accepted by Project Manager will be changed by Supplier without notice to, and acceptance by, Project Manager. Acceptance by Project Manager of any schedule will neither impose on Project Manager responsibility for the sequencing, scheduling or progress of the furnishing of Goods nor interfere with or relieve Supplier from Supplier's full responsibility therefor. Supplier's schedule of Shop Drawing and sample submissions will be acceptable to Project Manager as providing a workable arrangement for reviewing and processing the required submittals.
ARTICLE 3 - Procurement Documents : Intent, Amending, Reuse
3.01 Procurement Documents: Intent, Amending, Reuse
A. The Procurement Documents are complementary; what is called for by one is as binding as if called for by all. The Procurement Documents will be construed in accordance with the law of the State of California.
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 City of Emeryville
FY 2022/2023 – Hydrodynamic Separator Slide Gates Page 23 of 37 B. Any work, materials, equipment or services that may reasonably be inferred from the Procurement Documents as being required to produce the intended result will be furnished and performed whether or not specifically called for. When words or phrases which have a well-known technical construction industry or trade industry meaning are used to describe goods or services, such words or phrases shall be interpreted in accordance with that meaning. Clarifications and interpretations to the Procurement Documents shall be issued by Project Manager as provided in paragraph 9.01.
C. Reference to Standards and Specifications of Technical Societies; Reporting and Resolving Discrepancies
1. Reference to standards, specifications, manuals, or codes or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or Laws or Regulations in effect at the time of opening of Bids.
2. If Supplier discovers any conflict, error, ambiguity, or discrepancy within the Procurement Documents, Supplier shall report it to Project Manager in writing at once.
D. It is the intent of these Procurement Documents to provide for assignment of the Procurement Contract to an Installation Contractor under award of contract for construction. In that event, all references in the Procurement Documents which in any way provide for communications between the Supplier and the Owner or Project Manager or call for instructions to be received or sent between any of those parties, the Supplier shall understand that the Installation Contractor as assignee of the Procurement Contract shall be substituted for Owner and Project Manager and such line of communication or instruction shall be construed to run between the Supplier and the Installation Contractor and from the Installation Contractor to the Project Manager or Owner, unless otherwise indicated.
ARTICLE 4 - Bonds, Insurance and Indemnification
NOT USED
ARTICLE 5 - Shipment and Delivery of the Goods
5.01 Methods of Transportation
A. Except as otherwise specified in the Supplementary Conditions, all Goods will be delivered f.o.b. Point of Delivery. Supplier shall select and be responsible for the means and methods of transportation. All transportation charges, including but not limited to switching, trucking, lighterage and special handling, shall be paid by Supplier.
B. Supplier shall give Owner Installation Contractor at least fifteen days' prior written notice of the date when the Goods will be ready for shipment and the manner of shipment. Such notice will include instructions concerning any special equipment or Services required at the Point of Delivery to unload and care for the Goods. Supplier also shall require the carrier to give Owner and Project Manager not less than 24 hours' notice by telephone of the anticipated hour of delivery.
C. Owner, or Project Manager, shall inspect the Goods upon delivery for purposes of identifying the Goods and general verification of quantities and observation of apparent condition in order to provide a basis for a progress payment. Owner may refuse to accept delivery of any Goods that are apparently defective. If no apparent defects are discovered, Owner shall accept delivery.
DocuSign Envelope ID: ACECB61B-BB2A-4D8D-AF0F-8E9B93547AB3 City of Emeryville
FY 2022/2023 – Hydrodynamic Separator Slide Gates Page 24 of 37 D. Notice of Owner's acceptance of delivery will be provided to Supplier by a receipted copy of the shipping documents or by such other document as may be specified in the Supplementary Conditions.
ARTICLE 6 - Applications for Payment
6.01 Applications for Progress Payments
A. Supplier shall submit to Project Manager for review Applications for Payment filled out and signed by Supplier and accompanied by such supporting documentation as is required by the Procurement Documents and will be accompanied by a bill of sale, invoice, or other documentation satisfactory to Owner warranting that Owner has rightfully received good title.
6.02 Review of Applications for Progress Payments
A. Applications for Progress Payments shall be submitted Project Manager for review and approval. Project Manager shall either indicate in writing a recommendation of payment and present the Application to Owner or return the Application to Supplier indicating in writing Project Manager 's reasons for refusing to recommend payment. In the latter case, Supplier shall make the necessary corrections and resubmit the Application.
B. Owner may refuse to make payment of the full amount recommended by Project Manager if claims have been made against Owner or Liens have been filed on account of Supplier's performance or furnishing of the Goods or Services or there are other items entitling Owner to a set-off against the amount recommended, but Owner shall give Supplier immediate written notice stating the reasons for such action.