View Attachment A — Oakland City Council, April 18, 2023 (part 1 of 2)

CERTIFICATION OF

PROJECT BID DOCUMENTS
for
PROJECT NO. 1005340
FEDERAL PROJECT NO. 1005340
Courtland Creek Restoration Project
Special Provisions prepared by:

Paul Frank, P.E., CED Date
Principal
FlowWest
Bid Documents prepared by:

Jennifer Stern Date
Watershed Program Specialist
Approved by:

Terri Fashing Date
Acting Watershed and Stormwater Division and DD Program Manager Rev082720
Table of Contents

SECTION
1 Project Information

1.1 NOTICE TO BIDDERS ......................................................................................... ………….. 2

1.2 PROJECT SCOPE OF WORK ...............................................................................................4

1.3 PROJECT TIMELINE...........................................................................................................4

1.4 PROJECT LOCATION MAP ................................................................................................ 5

1.5 REGULATORY REQUIREMENTS (PERMITS, UTILITIES, ETC.) ............................................ 5 2 Local Policies and Programs .................................................................................. 6 3 Federal Requirements......................................................................................... 15 4 Disadvantaged Business Enterprise Program FY 21-22 ......................................... 25 5 Bidding

5.1 GENERAL BID INFORMATION ........................................................................................26

5.2 BID INSTRUCTIONS AND BID OPENINGS ........................................................................33

5.3 BID SUBMITTAL CHECKLIST ............................................................................................34 6 City of Oakland Standard Specifications for Public Works Construction AKA “SPECIAL PROVISIONS”
7 Bid Drawings – Bound Separately
8 Appendices
APPENDIX A: Sample Construction Contract, including:

Exhibit A – Scope of Work (Contractor’s Bid and Federal Wage Rates) Exhibit B – Required Federal-Aid Contract Language
Exhibit C - Title VI Assurances
Exhibit 9B – City of Oakland’s DBE Program for fiscal year October 1, 2021 – September 30, 2022.

APPENDIX B: Insurance Requirements
APPENDIX C: Reference Documents
Permits required for Courtland Creek Restoration
Project No. 1005340 Page 2
SECTION 1. Project Information

1.1 NOTICE TO BIDDERS
Description: The proposed work is to rehabilitate three urban reaches of Courtland Creek by removing non-native and invasive vegetation, re-grading the channel bed, stabilizing steep channel banks, and installing park and landscape features. The Brookdale reach (between Brookdale Avenue and Fairfax Avenue) will be regraded to create multiple small floodplain terraces as well as filled to create the boulder rock cascade structure. The Congress reach (located between Congress Avenue and Tyrrell Street) work includes a culvert repair, creek bank grading to create a floodplain terrace and a scenic overlook, and construction of a crib wall to support the scenic overlook. In the Thompson reach (between San Carlos Avenue and Thompson Street), the concrete apron at the downstream end will be demolished and removed, and the project area replanted with native vegetation. Non-native and invasive species will be removed from the channel banks, and replaced with native vegetation in all project reaches.

Park features to be installed include concrete and metal benches, split rail fencing, log round and log seating, picnic tables, trash receptables, trail surfacing, and curb ramps.

Pre-Bid Meeting: (Voluntary for Prime Bidders) February 14, 2023 at 10:00 AM. The pre-bid meeting now will be held via teleconference only. The toll-free dial in phone number is 605 472-5691. Access Code is 5253821.

Pre-Bid Site Meeting: (Mandatory for Prime Bidders) February 16, 2023 at 10:00 AM at the following location: Courtland Creek Park (Meet at Courtland Avenue and Congress Avenue, Oakland CA.)
Questions Due: February 24, 2023, by 2:00 PM by email to the Project Manager. It is the Contractor’s responsibility to ensure that the email is received by the Project Manager. Any addendum that materially changes the bid invitation shall be issued no less than 72 hours before the bid opening, unless the bid opening is extended by said addendum.

Bids Due: March 9, 2023, by 2:00 PM. Bids may either be uploaded into the City’s iSupplier online procurement system, or may be mailed or hand-delivered to the City Clerk at 1 Frank H.

Ogawa Plaza, Room 104, Oakland, CA 94612 prior to the bid due date and time.

Bidders must be registered with iSupplier to submit bids online. New users should register at least three days prior to bid deadline. Bidders may access iSupplier by going to the following web address.
https://www.oaklandca.gov/services/register-with-isupplier If bidders choose to mail or hand deliver their bid, it is the bidder’s responsibility to ensure that it is received by the City Clerk prior to the bid due date and time. It is strongly encouraged to allow for several additional days for mail processing. Late submissions may not be accepted and will be returned unopened.

Project No. 1005340 Page 3
Engineer’s Estimate: $ 2,860,000 Base Bid
License Required: A. Per 23 CFR 635.110(c), bidders are not restricted to submit a bid prior to possessing a license. However, a contractor license is required prior to the award of the contract.

Contract Days: 180 working days
The contractor is responsible to plan and sequence the work appropriately to complete all necessary work within the creek before October 31st. The City is not responsible for additional permits, penalties, and schedule delays for work within the water body not completed by October 31st. The Contractor is responsible for communicating early with the City and assisting with communication with environmental permitting regulatory agencies to request and obtain permission if extensions are needed.

Liquidated Damages: $1,000 per calendar day
Bonds: 10% Bid Security; 100% Payment and Performance Bonds DBE Goal: 18.0%. Local business preference programs are not applied on federally funded projects. Prime contractors are advised to verify the DBE certifications status of any subcontractor prior to submittal.

Local Trucking Requirement: Yes Trainees: NA
Self-Performance: 30% minimum, excluding Specialty Items. See Special Provisions Section 2-3.2.

Contact Information:

OPW Project Manager: Jennifer Stern at [email protected] or 510 381-7515 Capital Contracts: Capital Contracts Division at [email protected] Contract Compliance Officer: Sophany Hang at [email protected] or (510) 238-3723 Department of Industrial Relations (DIR):

1. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the DIR pursuant to Labor Code Section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code Section 1771.1(a)].

2. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the DIR pursuant to Labor Code section 1725.5.

3. This project is subject to compliance monitoring and enforcement by the DIR.

4. The prime contractor must post job site notices prescribed by regulation.

5. Assembly Bill 219 requires companies hauling or delivering ready-mix concrete to register with the DIR as a public works contractor.

Project No. 1005340 Page 4
Bid Documents and AB 2036 Compliance: Bid documents are only available digitally and provided free of charge through the websites listed below.

1. iSupplier: https://www.oaklandca.gov/services/active-closed-opportunties OR

2. CIPList.com: http://ciplist.com/plans/?Oakland/city/9392 Separate Plan Holder lists are maintained by each site. Bid Results and Subcontractor Listings are posted only to the CIPList.com site. It is the responsibility of each prospective bidder to download and print all bid documents, including any addenda, and to verify the completeness of their printed bid documents before submitting a bid. The City does not warrant, represent, or guarantee the accuracy or completeness of any bid documents and/or information retrieved from other sources. The City is not responsible for any loss or damage including, but not limited to, time, money, or goodwill arising from errors, inaccuracies or omissions in any bid documents and/or information obtained from other sources. It is each prospective bidder’s responsibility to check these sites through to the close of bids for any applicable addenda or updates.

Asha Reed, City Clerk and Clerk of the City Council
Newspaper publication date: January 27, 2023

1.2 PROJECT SCOPE OF WORK
The proposed work consists, in general, of the rehabilitation of three urban reaches of Courtland Creek; and shall include, but is not limited to, removing non-native and invasive vegetation, re-grading the channel bed, stabilizing steep channel banks, installing park and landscape features, site furniture, and work specifically shown in the attached Drawings, Specifications, and Permits.

1.3 PROJECT TIMELINE
The anticipated project schedule is as follows:

ACTIVITY ESTIMATED DATE
Legal advertisement 1/27/2023
Bids due 3/09/2023
Project No. 1005340 Page 5

1.4 PROJECT LOCATION MAP

1.5 REGULATORY REQUIREMENTS (PERMITS, UTILITIES, ETC…)
Avoidance, Minimization, and Mitigation Measures required for this Project Work is detailed in Appendix C. Permits required for this work include the following:
o California Department of Fish and Wildlife – Lake and Streambed Alteration Agreement (Section 1600)
o San Francisco Bay Regional Water Quality Control Board 401 Water Quality Certification or Waste Discharge Requirement NPDES Construction General Permit
o US Army Corps of Engineers - Clean Water Act Section 404 Permit, in consultation with the United States Fish and Wildlife Service (USFWS) o City of Oakland - Creek Protection Permit
o City of Oakland – Grading Permit
See Appendix C for permits.

Project No. 1005340 Page 6
Section 2. Local Policies and Programs
Schedules O, R-FED, and W shall be submitted with the bid.

All other Schedules described in this Section below are not required with the bid. They will be provided during the contract execution phase to the contractor receiving the award offer.

Please carefully review all the terms and conditions described below. The City shall only award contracts to firms that can achieve full compliance. To see more information about the Schedules, policies, programs, and ordinances referenced in this section, please refer to:
https://www.oaklandca.gov/departments/workplace-employment-standards

2.1 Prevailing Wage Rates
The City has adopted State of California Prevailing Wage rates for its public works projects over $1,000.00 as per Section 7-2.2 of the Public Works Department Special Provisions.

This project is subject to Sections 1770-1781, 1813 and 1815 of the State of California Labor Code requiring the payment of prevailing wages, the training of apprentices and compliance with other applicable requirements. The City shall provide upon request copies of the prevailing rate of per diem wages to be paid to all applicable workers. The City shall make available prevailing wage rate determinations to all interested parties upon reasonable request during normal business hours. Additionally, the contractor shall have a copy of the prevailing wage determinations posted in a conspicuous place at each job site. Prevailing wage information may also be obtained via the internet at: www.dir.ca.gov.

2.2 Minimum Wage Ordinance
The City’s Minimum Wage Ordinance, effective March 2, 2015, establishes a minimum hourly wage rate, requires paid sick leave, and requires payment of service charges to Project No. 1005340 Page 7
hospitality workers. Employers must notify employees of the annually adjusted rates by each December 15th and prominently display notices at the job site.

Employers located in Oakland are subject to federal, state and local minimum wage laws. In the event of conflicting requirements, employers shall follow the stricter requirement by paying the higher rate. For further information, please refer to:
https://www.oaklandca.gov/departments/workplace-employment-standards

2.3 Senate Bill 854
Signed into law on June 20, 2014, SB 854 made several significant changes to laws pertaining to the administration and enforcement of prevailing wage requirements by the State of California Department of Industrial Relations (DIR). Among other things, SB 854 established a new public works contractor registration program to replace prior Compliance Monitoring Unit (CMU) and Labor Compliance Program (LCP) requirements for bond-funded and other specified public works projects.

Important Things to Know About SB 854:

A. It is mandatory for all contractors and subcontractors who bid or work on a public works project to register and pay an annual fee to DIR.

B. No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with DIR.

C. No contractor or subcontractor may work on a public works project unless registered with DIR.

D. An awarding body may not accept a bid or enter into a contract for public work with an unregistered contractor.

E. DIR maintains an up-to-date listing of registered contractors.

F. Additional information may be found at the DIR website:
http://www.dir.ca.gov/public-works/publicworks.html
There are exceptions to the registration requirement for bidders in circumstances where a CSLB license would not be required at the time of bidding.

Additional exceptions and protections are included in the registration laws to limit bid challenges, allow some violations to be cured through payment of penalty fees, and allow unregistered contractors to be replaced with registered ones.

G. Further, effective July 1, 2016, Assembly Bill 219 requires companies hauling or delivering ready-mix concrete to register with the DIR as a public works contractor.

2.4 Definitions and Abbreviations
Refer to Section 1-2 and 1-3 of the Special Provisions.

2.5 Nondiscrimination/Equal Employment Practices
Project No. 1005340 Page 8
Contractor shall not discriminate or permit discrimination against any person or group of persons in any manner prohibited by federal, state or local laws. During the performance of this contract, the contractor agrees as follows:

A. The contractor and its subcontractors shall not discriminate against any employee or applicant for employment because of age, marital status, religion, gender, sexual preference, race, creed, color, national origin, Acquired-Immune Deficiency Syndrome (AIDS), AIDS-Related Complex (ARC), or disability. This nondiscrimination policy shall include, but not be limited to, the following: employment, upgrading, failure to promote, demotion or transfer, recruitment advertising, layoffs, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.

B. The contractor and its subcontractors shall state in all solicitations or advertisements for employees placed by or on behalf of the contractor that all qualified applicants will receive consideration for employment without regard to age, marital status, religion, gender, sexual preference, race, creed, color, national origin, Acquired-Immune Deficiency Syndrome (AIDS), AIDS-Related Complex (ARC), or disability.

C. If applicable, the contractor will send to each labor union or representative of workers with whom the contractor has a collective bargaining agreement or contract or understanding, a notice advising the labor union or workers’ representative of the contractor’s commitments under this nondiscrimination clause and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

D. All affirmative action efforts of contractors are subject to tracking by the City. The information or data shall be used for statistical purposes only. All contractors are required to provide data regarding the make-up of their subcontractors who will perform City contracts, including the race and gender of each employee and/or subcontractor and his or her job title or function and the methodology used by the contractor to hire and/or contract with the individual or entity in question.

E. In the recruitment of subcontractors, the City requires all contractors to undertake nondiscriminatory and equal outreach efforts, which include outreach to minorities and women-owned businesses as well as other segments of Oakland’s business community. The City Administrator will track the City’s minority and women-owned business utilization to ensure the absence of unlawful discrimination on the basis of age, marital status, religion, gender, sexual preference, race, creed, color, national origin, Acquired-Immune Deficiency Syndrome (AIDS), AIDS-Related Complex (ARC), or disability.

F. The City will immediately report evidence or instances of apparent discrimination in City contracts to the appropriate State and Federal agencies, and will take action against contractors who are found to be engaging in discriminatory acts or practices by an appropriate State or Federal agency or court of law, up to and including Project No. 1005340 Page 9
termination or debarment.

2.6 Violation of Federal, State, City Laws, Programs or Policies The City may, in their sole discretion, consider violations of any programs and policies described or referenced in this document a material breach and may take enforcement action provided under the law, programs or policies, and/or terminate the contract, debar contractors from further contracts with City and/or take any other action or invoke any other remedy available under law or equity.

2.7 Conflict of Interest/Confidentiality/City-Contractor Relationship The contractor shall avoid all conflicts of interest and respect its relationship with the City by maintaining confidentiality of materials deemed confidential by law.

According to the City’s Purchasing System (OMC 2.04.050.C), “No person, firm or corporation shall be allowed to make or file or be interested in more than one bid for the same supplies, services or both.” To clarify, a firm (including, but not limited to licensed contractors and professional service providers) may not submit a proposal as a prime consultant or contractor if they are being listed as a sub-consultant or subcontractor on another proposal or bid for the same solicitation.

Exceptions include:

A. A firm may be listed on more than one proposal or bid if they are proposing under separate legal entities.

B. A firm, if not submitting as a prime consultant or contractor, may be listed as sub-consultant or subcontractor on more than one proposal or bid.

C. In the case of an RFQ for On-Call Construction Services, a firm may be listed as a prime contractor or subcontractor in more than one submittal provided each submittal is for a different contractor license type (e.g. A, B, C10, C-27, etc..) or service type at the sole discretion of the City.

D. No officer, director, employee or member of a Mentor-Protégé team, as defined by the LBE/SLBE Program, shall be allowed to bid or otherwise participate independently on a city contract where the mentor-protégé team is bidding or otherwise participating. Each party is prohibited from submitting multiple bids on a city contracts.

The contractor specifically agrees to the following:

A. The contractor covenants that it presently has no interest, and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of work requested by the Notice to Bidders. Without limitation, the contractor represents to and agrees with the City that no conflict of interest is created between performing the work hereunder and any interest Contractor may have with respect to any other person or entity (including but not limited to any federal or state regulatory agency) which has any interest adverse or potentially adverse to the City.

B. The contractor understands and agrees to successfully perform the work requested by the Notice to Bidders. In addition, every communication between the contractor and the City or its special counsel shall be considered to be a confidential Project No. 1005340 Page 10
communication between client and lawyer (see California Evidence Code Section 952), and the confidential work product of the City Administrator, City Attorney and the City’s special counsel, respectively, and therefore shall be held in strict confidence. All reports, analysis, maps, diagrams or any documents prepared or assisted in the preparation of or by the contractor, shall be considered to be prepared pursuant to said lawyer-client relationship. All of the above mentioned documents are also considered the work product of the City Administrator and shall not be communicated to any person except as specifically authorized in writing signed by the City Administrator and City Attorney.

C. The Fair Political Practices Act and/or California Government Code Section 1090, among other statutes and regulations may prohibit the City from contracting with a service provider if the service provider or an employee, officer or director of the service providers’ firm, or any immediate family of the preceding, or any subcontractor or contractor of the service provider, is serving as a public official, elected official, employee, board or commission member of the City who will award or influence the awarding of the contract or otherwise participate in the making of the contract. The making of a contract includes actions that are preliminary or preparatory to the selection of a contractor such as, but not limited to, involvement in the reasoning, planning and/or drafting of solicitations for bids and requests for proposals/qualifications, feasibility studies, master plans or preliminary discussions or negotiations.

2.8 Arizona and Arizona-Based Businesses - Schedule B-1 In accordance with City Resolution No. 82727 C.M.S., the contractor agrees that neither it nor any of its subsidiaries, affiliates or agents that will provide services under this contract is currently headquartered in the State of Arizona and shall not establish an Arizona business headquarters for the duration of this contract or until Arizona rescinds SB 1070.

The contractor acknowledges its duty to notify the Department of Workplace and Employment Standards if it or any of its subsidiaries, affiliates or agents subsequently relocates its headquarters to the State of Arizona. Such relocation shall be a basis for termination of this contract.

2.9 Declaration of Compliance With the Americans With Disabilities Act – Schedule C-1 Private organizations that provide goods and services to the public have independent responsibilities under Title III of the Americans with Disabilities Act, regardless of their funding sources. This schedule provides a mechanism by which outside agencies acknowledge their general obligations under the ADA before providing goods or services to the City.

2.10 Ownership, Ethnicity and Gender Questionnaire – Schedule D The contractor shall submit information concerning the ownership and workforce composition of its firm.

Project No. 1005340 Page 11

2.11 Pending Dispute Disclosure Policy - Schedule K
All entities are required to disclose pending disputes with the City of Oakland when they submit bids, proposals or applications for a City contract or transaction involving:

The purchase of products, construction, non-professional or professional services; Contracts with concessionaires, facility or program operators or managers; Contracts with project developers, including Disposition and Development Agreements, Lease Disposition and Development Agreements and other participation agreements;
Loans and grants; or
Acquisition, sale, lease or other conveyance of real property, excluding licenses for rights of entry or use of city facilities for a term less than thirty (30) consecutive calendar days.

The disclosure requirement applies to pending disputes on other City contracts or projects that: (1) have resulted in a claim or lawsuit against the City of Oakland, (2) could result in a new claim or new lawsuit against the City of Oakland, or 3) could result in a cross-complaint or any other action to make the City of Oakland a party to an existing lawsuit. “Claim” includes, but is not limited to, a pending administrative claim or a claim or demand for additional compensation.

Entities required to disclose under this Disclosure Policy include (1) any principal owner or partner, (2) any business entity with principal owners or partners that are owners or partners in a business entity, or any affiliate of such a business entity, that is involved in a pending dispute against the City of Oakland.

Failure to timely disclose pending disputes required by this policy may result in (1) a determination that a bid is non-responsive and non-responsible for price-based awards, or (2) non-consideration of a bid or proposal for a professional service contract or other qualification-based award. The City may elect to terminate contracts with entities that failed to timely disclose pending disputes and/or initiate debarment proceedings against such entities.

2.12 Living Wage Ordinance – Schedule N
Design-Build, Construction Manager At-Risk, or other contracts for public works of improvement that involve services of licensed professionals, such as, but not limited to, architects and engineers, are subject to Oakland’s Living Wage Ordinance, Oakland Municipal Code, Title 2, Chapter 2.28, where such services amount to or exceed $25,000.

The ordinance requires that, unless specific exemptions apply or a waiver is granted, all employers contracted to provide services amounting to or exceeding $25,000, shall provide certain minimum hourly wages and health benefits to employees. The City determines and adjusts the rates annually using the Bay Region Consumer Price Index as published by the Bureau of Labor Statistics, U.S. Department of Labor as the index. Bidders are required to sign and submit a (Schedule N) certification of intent to comply with the Living Wage Ordinance for design-build, construction manager at-risk or other contracts for public works Project No. 1005340 Page 12
of improvement that involve services of licensed professionals amounting to or in excess of $25,000, with their bids/proposals.

2.13 Equal Benefits Ordinance - Schedule N-1
This contract is subject to the Equal Benefits Ordinance of Chapter 2.32 of the Oakland Municipal Code and its implementing regulations. The Ordinance requires completion of Schedule N-1 and submittal of applicable employee benefits policies in order for compliance to be certified.
http://library.municode.com/HTML/16308/level2/TIT2ADPE_CH2.32EQBEOR.html#TOPTITLE The purpose of this Ordinance is to protect and further the public, health, safety, convenience, comfort, property and general welfare by requiring that public funds be expended in a manner so as to prohibit discrimination in the provision of employee benefits by City contractors between employees with spouses and employees with domestic partners, and/or between domestic partners and spouses of such employees. The requirements of this chapter shall not apply to subcontracts or subcontractors.

The following contractors are subject to the Ordinance:

Entities which enter into a contract in an amount of twenty-five thousand dollars ($25,000.00) or more for public works improvements, or for goods or services to be purchased or grants to be provided at the expense of the City or to be paid out of moneys deposited in the Treasury or out of trust moneys under the control of or collected by the City; and
Entities which enter into a property contract pursuant to Section 2.32.020(D) with the City in an amount of twenty-five thousand dollars ($25,000.00) or more for the exclusive use of or occupancy:
(1) of real property owned or controlled by the City; or (2) of real property owned by others for the City’s use or occupancy, for a term exceeding twenty-nine (29) days in any calendar year.

The Ordinance shall only apply to those portions of a contractor’s operations that occur:

Within the City; or
On real property outside the City if the property is owned by the City or if the City has a right to occupy the property, and if the contract’s presence at that location is connected to a contract with the City; or
Elsewhere in the United States where work related to a City contract is being performed.

2.14 City of Oakland Campaign Contribution Limits – Schedule O This Agreement is subject to the City of Oakland Campaign Reform Act of Chapter 3.12 of the Oakland Municipal Code. The Campaign Reform Act prohibits consultants that are doing business or seeking to do business with the City from making campaign contributions to Oakland candidates between commencement of negotiations and either 180 days after completion of, or termination of, contract negotiations. All prime contractors must complete the Acknowledgment of Campaign Contribution Limits Form.

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2.15 Nuclear Free Zone Disclosure - Schedule P
The contractor shall complete this schedule to represent that the contractor complies with the City of Oakland’s restrictions on doing business with service providers considered nuclear weapons makers.

2.16 Subcontractor, Supplier, Trucking Listing – Schedule R-FED Bidders must list ALL subcontractors and suppliers with subcontract dollar values greater than one half of one percent (0.5%) of the prime contractor’s total bid, or in the case of street, highway and bridge projects, one half of one percent (0.5%) of the prime contractor’s total bid or $10,000, whichever is greater. Local trucking is not required to be listed for DBE projects funded through the FHWA.

Failure to list ALL applicable subcontractors and suppliers, or to provide ALL applicable information on the Schedule including dollar amounts, or to submit this mandatory form with the Bid, will deem your Bid nonresponsive. This Schedule will be made a part of the contract. No changes may be made to this Schedule without approval of the City.

DBE: This Schedule will be used to calculate compliance with the DBE requirement. It is highly recommended that primes verify the DBE status of their subcontractors prior to bid submittal.

Bid Alternates: If any are required per the Bid Schedule, bidders must provide the subcontractor and/or supplier costs related to each alternate on a separate Schedule R-FED form. Do not combine the costs for separate alternates on the same Schedule R-FED.

Contractor’s License Number: Bidders must list the Contractor’s State License Number for each subcontractor. An inadvertent error in listing the California contractor’s license number shall not be grounds for filing a bid protest or considering the bid nonresponsive if the corrected contractor’s license number is submitted to the City Clerk’s office by the prime contractor within 24 hours after the bid opening, and provided the corrected contractor’s license number corresponds to the submitted name and location for that subcontractor.

SB 854: All contractors and subcontractors who bid or work on a public works project must register and pay an annual fee to DIR. Only registered contractors or subcontractors may be listed on a bid proposal for a public works project. Bids that include an unregistered contractor or subcontractor will be deemed nonresponsive. See http://www.dir.ca.gov/public-works/SB854.html for more information about SB 854.

Assembly Bill 219, effective July 1, 2016, requires companies hauling or delivering readymix concrete to register with the DIR as a public works subcontractor.

2.17 Compliance Commitment Agreement – Schedule U
The City’s L/SLBE Program is not applicable on projects receiving funding through the Federal Highway Administration (FHWA) with DBE goals. Prime contractors must Project No. 1005340 Page 14
nevertheless certify on this schedule that they will agree to use the City’s Labor Compliance Program tracker (LCP Tracker) to input ALL certified payroll reports, including all tiers of subcontractors for this project. Refer to Section 7-2.2.1 of the Special Provisions in Section 6 for more information including the monthly charge to the prime contractor.

2.18 Affidavit of Non-Disciplinary or Investigatory Action – Schedule V The Contractor shall certify that no disciplinary of investigatory action has been taken against its firm by the Equal Employment Opportunity Commission, Department of Fair Employment and Housing, or Office of Federal Contract Compliance Programs.

2.19 Border Wall Prohibition – Schedule W
This contract is subject to the Border Wall Ordinance of Oakland Municipal Code Ordinance 13459 C.M.S. The ordinance mandates and directs the City Administrator, when there is no significant additional cost (to be defined in regulations) or conflict with law, to refrain from entering into new or amended contracts to purchase professional, technical, scientific or financial services, goods, construction labor and materials or other services, or supplies from businesses that enter into contracts to provide such services, goods, materials or supplies to build the U.S. - Mexico border wall.

The City of Oakland shall be prohibited from entering into any contractual agreement for the purchase of services, goods, equipment, cyber network or cloud computing, internet, or cloud-based computer technology or services with any "BORDER WALL ENTITY" individual, firm, or financial institution who provides any services, goods, equipment, or information technology or cloud-based technology or services, to construct any part of the U.S. - Mexico border wall.

Schedule W shall be submitted by the Prime with its bid. All subcontractors shall be required to submit Schedule W during the contract execution process.

Project No. 1005340 Page 15
Section 3. Federal Requirements
Bidders must submit Exhibit 15-G with the bid.

Please carefully review all the terms and conditions described below and elsewhere in these specifications. The City will award contracts only to firms that are in full compliance.

3.1 Federal Wage Rates
Federally-funded projects are subject to the Davis-Bacon Act. The payment of predetermined minimum wages on Federal-aid contracts is derived from the Davis-Bacon Act of 1931 and is prescribed by 23 USC 113. Federal wage rates are not required to be physically included in the contract advertising package provided they are referenced to an Internet web site address where they can be found. However, these wage rates must be physically inserted in the final contract package signed by the City and the contractor on all Federal-aid highway construction projects exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempted.

The federal minimum wage rates are available directly from the Department of Labor Home Page under https://beta.sam.gov/. Click on and navigate through “Search Wage Determinations”. The most current federal minimum wage rates in effect when these bid documents were advertised are:

General Decision Number CA20220018, 12/16/2022
For conformance with the federal “10-day rule,” the City shall access the federal wage rates within ten days prior to bid opening to see if updated rates have been posted. The City will issue an addendum if updated wage rates have been posted. Addenda are issued only to official plan holders of the Bid book (those who have directly obtained the bid book from iSupplier or CIPList.com).

It is important to ensure the project’s applicable federal prevailing wage rates physically be attached as an exhibit to the final contract agreement package prior to its execution by the contractor and local agency. The same provision set forth applies to the contractor’s subcontracted works as well.

3.2 Disadvantaged Business Enterprises (DBE)
The contractor, sub recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of Project No. 1005340 Page 16
Department of Transportation-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. (49 CFR 26.13(b))
The contractor shall take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract. (49 CFR 26) To ensure equal participation of DBEs provided in 49 CFR 26.5, the City’s goal for DBEs is shown in the Notice to Bidders.

The contractor shall make work available to DBEs and select work parts consistent with available DBE subcontractors and suppliers.

The contractor shall meet the DBE goal for this project or demonstrate that adequate good faith efforts are made to meet this goal.

It is the contractor’s responsibility to verify that the DBE firm is certified as DBE at date of bid opening. For a list of DBEs certified by the California Unified Certification Program, go to: https://dot.ca.gov/
All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal.

Credit for materials or supplies purchased from DBEs counts towards the goal in the following manner:
100 percent counts if the materials or supplies are obtained from a DBE manufacturer.
60 percent counts if the materials or supplies are obtained from a DBE regular dealer.

Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer nor regular dealer. 49 CFR 26.55 defines "manufacturer" and "regular dealer."
Credit is given towards the goal if the contractor employ a DBE trucking company that performs a commercially useful function as defined in 49 CFR 26.55(d)(1) through (4) and (6).

3.3 Exhibit 15-G Local Agency Bidder DBE Commitment
Bidders must submit Exhibit 15-G with their bid.

3.4 Exhibit 15-H DBE Information – Good Faith Efforts
It is highly recommended that bidders submit Exhibit 15-H DBE Information-Good Faith Efforts even if they believe they have met the DBE goal. If a bidder fails to meet the DBE goal and does not submit Exhibit 15-H, their bid will be deemed non-responsive. If a bidder fails to meet the DBE goal and does submit Exhibit 15-H with compelling documentation of good faith efforts, their bid could be deemed responsive. If a bidder meets the DBE goal and does not submit Exhibit 15-H, their bid will be deemed responsive.

Project No. 1005340 Page 17
Bidders may either submit Exhibit 15-H with their bid or NO LATER THAN 4:00 PM on the 5th calendar day after the bid due date. For Thursday bid openings, the deadline is the following Tuesday.

During the COVID-19 emergency, hand delivery is not an option. Therefore, if this form is not submitted with the bid, it may either be submitted by email to Capital Contracts Division, [email protected], or by mail postmarked by no later than the 5th calendar day after the bid due date, to: Public Works Contract Services, 250 Frank H.

Ogawa Plaza, Suite 4314, Oakland, CA 94612; to the attention Capital Contracts Division.

3.5 Subcontractor and Disadvantaged Business Enterprise Records The contractor shall use each DBE subcontractor as listed on Schedule R-FED Subcontractor, Supplier, Trucking Listing and Exhibit 15-G Local Agency Bidder DBE Commitment (Construction Contracts) form unless it receives authorization for a substitution.

The contractor shall:
a. Notify the Resident Engineer of any changes to its anticipated DBE participation. b. Provide this notification before starting the affected work. c. Maintain records including:

Name and business address of each first tier subcontractor.

Name and business address of each DBE subcontractor, DBE vendor and DBE trucking company, regardless of tier.

Date of payment and total amount paid to each business.

If you are a DBE contractor, include the date of work performed by your own forces and the corresponding value of the work. Before the 15th of each month, submit a Monthly DBE Trucking Verification form.

If a DBE is decertified before completing its work, the DBE must notify the City in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify the City in writing of the certification date.

Upon work completion, the contractor shall complete Exhibit 17-O Disadvantaged Business Enterprises (DBE) Certification Status Change and submit the form within thirty (30) days of contract acceptance.

Upon work completion, the contractor shall complete Exhibit 17-F Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors and submit the form within ninety (90) days of contract acceptance. The City will withhold $10,000 until the completed form is submitted.

3.6 Performance of Disadvantaged Business Enterprises
DBEs must perform work or supply materials as listed in the Exhibit 15-G Local Agency Bidder DBE Commitment (Construction Contracts).

Project No. 1005340 Page 18
The contractor shall not terminate or substitute a listed DBE for convenience and perform the work with its own forces or obtain materials from other sources without authorization from the City.

The City may authorize a request to use other forces or sources of materials if the contractor shows any of the following justifications:
a. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.
b. The listed DBE fails to meet the contractor’s bond requirements provided it was stipulated that a bond is a condition of executing the subcontract. c. Work requires a contractor's license and listed DBE does not have a valid license under Contractors License Law.
d. Listed DBE fails or refuses to perform the work or furnish the listed materials. e. Listed DBE's work is unsatisfactory and not in compliance with the contract. f. Listed DBE is ineligible to work on the project because of suspension or debarment. g. Listed DBE becomes bankrupt or insolvent.
h. Listed DBE voluntarily withdraws with written notice from the Contract. i. Listed DBE is ineligible to receive credit for the type of work required. j. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.
k. City determines other documented good cause.

The contractor shall notify the original DBE of the intent to use other forces or material sources and provide the reasons. The contractor shall provide the DBE with five (5) days to respond to the notice and advise the contractor and the City of the reasons why the use of other forces or sources of materials should not occur. The contractor’s request to use other forces or material sources must include:
a. One or more of the reasons listed in the preceding paragraph. b. Notices from the contractor to the DBE regarding the request. c. Notices from the DBEs to the contractor regarding the request.

If a listed DBE is terminated or substituted, the contractor must make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the contract to the extent needed to meet the DBE goal. The substitute DBE must be certified as a DBE at the time of request for substitution.

Unless the City authorizes a request to use other forces or sources of materials, or a good faith effort for a substitution of a terminated DBE, the City will not pay for work listed on the Exhibit 15-G Local Agency Bidder DBE Commitment (Construction Contracts) form unless it is performed or supplied by the listed DBE or an authorized substitute.

3.7 Bid Rigging
The U.S. Department of Transportation (DOT) provides a toll-free hotline to report bid rigging activities. Use the hotline to report bid rigging, bidder collusion, and other Project No. 1005340 Page 19
fraudulent activities. The hotline number is (800) 424-9071. The service is available 24 hours, 7 days a week and is confidential and anonymous. The hotline is part of the DOT's effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General.

3.8 Differing Site Conditions
a. CONTRACTOR'S NOTIFICATION
The contractor must promptly notify the Resident Engineer if it finds either of the following conditions:

I. Physical conditions differing materially from either of the following:

Contract documents
Job site examination
II. Physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the Contract.

The contractor must include details explaining the information it relied on and the material differences discovered.

If the contractor fails to promptly notify the Resident Engineer, the contractor waives the differing site condition claim for the period between its discovery of the differing site condition and its notification to the Resident Engineer.

If the contractor disturbs the site after discovery and before the Resident Engineer's investigation, the contractor waives the differing site condition claim. b. ENGINEER'S INVESTIGATION AND DECISION
Upon notification, the Resident Engineer shall investigate job site conditions and:

I. Notify the contractor whether to resume affected work.

II. Decide whether the condition differs materially and is cause for an adjustment of time, payment or both.

3.9 Prompt Payment Ordinance
This contract is subject to Federal Prompt Payment regulations delineated in Section 9-3.2 of the Special Provisions.

In addition, this contract is subject to the Prompt Payment Ordinance of Oakland Municipal Code, Title 2, Chapter 2.06. The Ordinance requires that, unless specific exemptions apply, the contractor and its subcontractors shall pay undisputed invoices of their subcontractors for goods and/or services within twenty (20) business days of submission of invoices unless the contractor or its subcontractors notify the City of Oakland Prompt Payment Liaison in writing within five (5) business days that there is a bona fide dispute between the contractor or its subcontractor and claimant, in which case the contractor or its subcontractor may withhold the disputed amount but shall pay the undisputed amount.

Project No. 1005340 Page 20
Disputed payments are subject to investigation by the Liaison upon the filing of a compliant.

The contractor or its subcontractors opposing payment shall provide security in the form of cash, certified check or bond to cover the disputed amount and penalty during the investigation. If the contractor or its subcontractor fails or refuses to deposit security, the Liaison will withhold an amount sufficient to cover the claim from the next contractor progress payment. Upon a determination that an undisputed invoice or payment is late, the Liaison will release security deposits or withholds directly to claimants for valid claims.

The contractor and its subcontractors shall not be allowed to retain monies from subcontractor payments for goods as project retention, and are required to release subcontractor project retention in proportion to the subcontractor services rendered, for which payment is due and undisputed, within five (5) business days of payment. The contractor and its subcontractors shall be required to pay subcontractors mobilization fees within five (5) business days of being paid such fees by the City. For the purpose of posting on the City's website, the contractor and its subcontractors are required to file notice with the City of release of retention and payment of mobilization fees within five (5) business days of such payment or release; and, the contractor and its subcontractors are required to file an affidavit, under penalty of perjury, that he or she has paid all subcontractors, within five (5) business days following receipt of payment from the City, The affidavit shall provide the names and address of all subcontractors and the amount paid to each.

The contractor and its subcontractors shall include the same or similar provisions as those set forth above in any contract with a subcontractor that delivers goods and/or services in connection with a City of Oakland contract. Invoice and claim inquiries should be directed to Vivian Inman, City of Oakland Prompt Payment Liaison, 510-238-6261 or email [email protected].

3.11 Required Contract Provisions – Federal-Aid Construction Contracts This contract, and each subcontract, is subject to the federal contract provisions contained in Form FHWA-1273 in accordance with 23 CFR 633.102. The CFR requires the form to be physically attached to the construction contract and subcontracts, and not merely incorporated by reference. The entire document is physically included in Appendix A, Exhibit C of these specifications. Contractors are strongly advised to review these federal provisions. Form FHWA-1273 provisions include:

I. General
II. Nondiscrimination
III. Nonsegregated Facilities
IV. Davis-Bacon and Related Act Provisions
V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract
VII. Safety: Accident Prevention
VIII. False Statements Concerning Highway Projects
IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Government wide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Funds for Lobbying Project No. 1005340 Page 21
Prime Contractors must certify that Form FHWA-1273 is incorporated into all subcontracts.

Such certification is included in Exhibit 16-B, “Subcontracting Request”, Form CEM-1201.

See Section 4 of these specifications for a copy of Form CEM-1201. The signed form shall be submitted to the City’s Resident Engineer at the project’s preconstruction meeting to certify that the Federal Requirements (Form FHWA-1273) have been inserted in the subcontracts and will be incorporated in any lower-tier contract, and that written subcontracts have been executed for any subcontracted work.

3.12 Female and Minority Goals
Section II, "Nondiscrimination," of "Required Contract Provisions Federal-Aid Construction Contracts, Form FHWA-1273" requires goals for female and minority utilization for Federalaid construction contracts and subcontracts that exceed $10,000:

The nationwide goal for female utilization is 6.9 percent.

The goals for minority utilization [45 Fed Reg 65984 (10/3/1980)] are as follows:

MINORITY UTILIZATION GOALS
Economic Area
Goal
(Percen
t)
174
Redding CA:

Non-SMSA (Standard Metropolitan Statistical Area) Counties:

CA Lassen; CA Modoc; CA Plumas; CA Shasta; CA Siskiyou; CA Tehama

6.8 175
Eureka, CA
Non-SMSA Counties:

CA Del Norte; CA Humboldt; CA Trinity

6.6 176
San Francisco-Oakland-San Jose, CA:

SMSA Counties:
7120 Salinas-Seaside-Monterey, CA
CA Monterey
7360 San Francisco-Oakland
CA Alameda; CA Contra Costa; CA Marin; CA San Francisco; CA San Mateo 7400 San Jose, CA
CA Santa Clara, CA
7485 Santa Cruz, CA
CA Santa Cruz
7500 Santa Rosa
CA Sonoma
8720 Vallejo-Fairfield-Napa, CA
CA Napa; CA Solano
Non-SMSA Counties:

CA Lake; CA Mendocino; CA San Benito

28.9 25.6

19.6 14.9

9.1 17.1

23.2 Project No. 1005340 Page 22
177
Sacramento, CA:

SMSA Counties:
6920 Sacramento, CA
CA Placer; CA Sacramento; CA Yolo
Non-SMSA Counties
CA Butte; CA Colusa; CA El Dorado; CA Glenn; CA Nevada; CA Sierra; CA Sutter; CA Yuba

16.1 14.3
178
Stockton-Modesto, CA:

SMSA Counties:
5170 Modesto, CA
CA Stanislaus
8120 Stockton, CA
CA San Joaquin
Non-SMSA Counties
CA Alpine; CA Amador; CA Calaveras; CA Mariposa; CA Merced; CA Tuolumne

12.3 24.3

19.8 179
Fresno-Bakersfield, CA
SMSA Counties:
0680 Bakersfield, CA
CA Kern
2840 Fresno, CA
CA Fresno
Non-SMSA Counties:

CA Kings; CA Madera; CA Tulare

19.1 26.1

23.6 180
Los Angeles, CA:

SMSA Counties:
0360 Anaheim-Santa Ana-Garden Grove, CA
CA Orange
4480 Los Angeles-Long Beach, CA
CA Los Angeles
6000 Oxnard-Simi Valley-Ventura, CA
CA Ventura
6780 Riverside-San Bernardino-Ontario, CA
CA Riverside; CA San Bernardino
7480 Santa Barbara-Santa Maria-Lompoc, CA
CA Santa Barbara
Non-SMSA Counties
CA Inyo; CA Mono; CA San Luis Obispo

11.9 28.3

21.5 19.0

19.7 24.6
181
San Diego, CA:

SMSA Counties
7320 San Diego, CA
CA San Diego
Non-SMSA Counties
CA Imperial

16.9 18.2
Project No. 1005340 Page 23
For each July during which work is performed under the contract, you and each non material-supplier subcontractor with a subcontract of $10,000 or more must complete Form FHWA PR-1391 (Appendix C to 23 CFR 230). Submit the forms by August 15.

3.13 Federal Trainee Program
This section applies if a number of trainees or apprentices is specified in the NTB.

As part of its equal opportunity affirmative action program, the contractor shall provide onthe-job training to develop full journeymen in the types of trades or job classifications involved.

The contractor shall have primary responsibility for meeting this training requirement.

If part of the work is subcontracted, the contractor shall determine how many trainees or apprentices are to be trained by the subcontractor. These training requirements shall be included in the subcontract.

Where feasible, 25 percent of apprentices or trainees in each occupation must be in their first year of apprenticeship or training.

It is recommended to distribute the number of apprentices or trainees among the work classifications on the basis of the contractor’s needs and the availability of journeymen in the various classifications within a reasonable recruitment area.

Before starting work, submit to the City of Oakland:

1. Number of apprentices or trainees to be trained for each classification

2. Training program to be used

3. Training starting date for each classification
Obtain the City’s approval for this submitted information before you start work. The City will credit the contractor for each apprentice or trainee employed on the project that is currently enrolled or becomes enrolled in an approved program.

The primary objective of this section is to train and upgrade minorities and women toward journeymen status. The contractor is required to make every effort to enroll minority and women apprentices or trainees, such as conducting systematic and direct recruitment through public and private sources likely to yield minority and women apprentices or trainees, to the extent they are available within a reasonable recruitment area. In making these efforts, the contractor may not discriminate against any applicant for training.

The contractor shall not employ as an apprentice or trainee an employee:

1. In any classification in which the employee has successfully completed a training course leading to journeyman status or in which the employee has been employed as a journeyman.

2. Who is not registered in a program approved by the US Department of Labor, Bureau of Apprenticeship and Training.

Project No. 1005340 Page 24
The contractor shall ask the employee if the employee has successfully completed a training course leading to journeyman status or has been employed as a journeyman. The contractor’s records must show the employee's answers to the questions.

In its training program, the contractor shall establish the minimum length and training type for each classification. The City and FHWA approves a program if one of the following is met:

1. It is calculated to:

Meet the contractor’s equal employment opportunity responsibilities.

Qualify the average apprentice or trainee for journeyman status in the classification involved by the end of the training period.

2. It is registered with the U.S. Department of Labor, Bureau of Apprenticeship and Training, and it is administered in a way consistent with the equal employment responsibilities of Federal-aid highway construction contracts.

The contractor shall obtain the State's approval for the contractor’s training program before starting work involving the classification covered by the program.

The contractor shall provide training in the construction crafts, not in clerk-typist or secretarial-type positions. Training is allowed in lower level management positions such as office engineers, estimators, and timekeepers if the training is oriented toward construction applications. Training is allowed in the laborer classification if significant and meaningful training is provided and approved by the division office. Off-site training is allowed if the training is an integral part of an approved training program and does not make up a significant part of the overall training.

The City reimburses 80 cents per hour of training given an employee on this contract under an approved training program:

1. For on-site training

2. For off-site training if the apprentice or trainee is currently employed on a Federalaid project and the contractor does at least one of the following:

Contributes to the cost of the training.

Provides the instruction to the apprentice or trainee.

Pays the apprentice's or trainee's wages during the off-site training period.

3. If you comply with this section.

Each apprentice or trainee must:

1. Begin training on the project as soon as feasible after the start of work involving the apprentice's or trainee's skill.

2. Remain on the project as long as training opportunities exist in the apprentice's or trainee's work classification or until the apprentice or trainee has completed the training program.

The contractor shall furnish to the apprentice or trainee:

1. Copy of the program to be followed in providing the training.

2. Certification showing the type and length of training satisfactorily completed.

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Project Number 1005340 Page 37
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Project Number 1005340 Page 39
Project No. 1005340

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
The bidder_________________________________________________________________, proposed subcontractor _______________________________________________, hereby certifies that he has ___ , has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.

Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)
Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.

PUBLIC CONTRACT CODE COMPLIANCE STATEMENTS
Public Contract Code Section 10285.1 Statement
In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has ___ , has not been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.

Note: The bidder must place a checkmark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute Project No. 1005340
signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

Public Contract Code Section 10162 Questionnaire
In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:

Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes _____ No _____
If the answer is yes, explain the circumstances in the following space.

Public Contract Code 10232 Statement
In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.

Note: The above Statement and Questionnaire are part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement and Questionnaire.

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

Project No. 1005340

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

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

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

DEBARMENT AND SUSPENSION CERTIFICATION
Title 49, Code of Federal Regulations, Part 29
The bidder, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager:
• is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal agency;
• has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal agency within the past 3 years;
• does not have a proposed debarment pending; and
• has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years.

If there are any exceptions to this certification, insert the exceptions in the following space.

Project No. 1005340
Exceptions will not necessarily result in denial of award, but will be considered in determining bidder responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action.

Notes: Providing false information may result in criminal prosecution or administrative sanctions.

The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Certification.

NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:
(l) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.

Project No. 1005340

DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352

1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract a. bid/offer/application a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year ____ quarter _________
f. loan insurance date of last report ___________

4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:

Prime Subawardee
Tier ______ , if known
Congressional District, if known Congressional District, if known

6. Federal Department/Agency: 7. Federal Program Name/Description:

CFDA Number, if applicable ____________________

8. Federal Action Number, if known: 9. Award Amount, if known:

10. a. Name and Address of Lobby Entity b. Individuals Performing Services (If individual, last name, first name, MI) (including address if different from No. 10) (last name, first name, MI)
(attach Continuation Sheet(s) if necessary)

11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply) $ _____________ actual planned a. retainer
b. one-time fee

12. Form of Payment (check all that apply): c. commission a. cash d. contingent fee
b. in-kind; specify: nature _______________ e deferred
Value ________________ f. other, specify _________________________

14. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12:
(attach Continuation Sheet(s) if necessary)

15. Continuation Sheet(s) attached: Yes No

16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature: ________________________________________
Print Name: _______________________________________
Title: ____________________________________________
Telephone No.: ____________________ Date: __________
Project No. 1005340

INSTRUCTIONS FOR COMPLETION OF SF-LLL,

DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.

1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action.

2. Identify the status of the covered Federal action.

3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action.

4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.

5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known.

6. Enter the name of the Federal agency making the award or loan commitment.

Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.

8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the Federal agency).

Project No. 1005340
Include prefixes, e.g., "RFP-DE-90-001."

9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5.

10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action. b) Enter the full names of the individual(s) performing services and include full adress if different from 10 (a). Enter Last Name, First Name and Middle Initial (Ml).

11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made.

12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment.

13. Check the appropriate box. Check all boxes that apply. If other, specify nature.

14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered.

Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted.

15. Check whether or not a continuation sheet(s) is attached.

16. The certifying official shall sign and date the form, print his/her name title and telephone number.

Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503.

Project No. 1005340

SUBCONTRACTOR, SUPPLIER, TRUCKING LISTING
It is critically important that Bidders provide all required information on Schedule R in accordance with this section. Please refer to Section 3 for more detailed information about this schedule.

BID SECURITY STATEMENT
Accompanying this bid is in an amount
equal to at least ten percent of the total of the bid.
(INSERT THE WORDS "CASH ($ _________)", "CASHIER'S CHECK", "CERTIFIED CHECK," OR "BIDDER'S BOND", AS THE CASE MAY BE. REFER TO SPECIAL PROVISIONS SECTION 2-1.5 FOR FURTHER INFORMATION) In accordance with Section 2-1.10 of the Special Provisions, if this bid shall be accepted and the undersigned shall fail to enter into the contract and furnish the two (2) bonds in the sums required by the State Contract Act, with surety satisfactory to the City, the City may, at its option, determine that the bidder has abandoned the contract, and thereupon this bid and the acceptance thereof shall be null and void and the forfeiture of the bid security accompanying this bid shall operate and the same shall be the property of the City.

ADDENDA ACKNOWLEDGEMENT
All bids shall include acknowledgement of all Addenda. This BID is submitted with respect to the changes to the contract included in addendum number(s) through . (FILL IN ADDENDA NUMBERS IF ADDENDA HAVE BEEN RECEIVED AND INSERT, IN THIS BID, ANY ENGINEER'S ESTIMATE SHEETS THAT WERE RECEIVED AS PART OF THE ADDENDA.)

LISTING OF PRINCIPALS
IMPORTANT NOTICE: If bidder or other interested person is a CORPORATION, bidder shall state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a co-partnership, state true name of firm, also names of all individual copartners composing firm. If bidder or other interested person is an INDIVIDUAL, bidder shall state first and last names in full.

The names of all persons interested in the foregoing bid as principals are as follows:

The undersigned, as bidder, declares that the only persons or parties interested in this bid as principals are those named herein; that this bid is made without collusion with any other person, firm, or corporation; that the bidder has carefully examined the location of the Project No. 1005340
proposed work, the annexed proposed form of contract, the plans and specifications therein referred to, including all Addenda; and the bidder proposes and agrees if this bid is accepted, that the bidder will contract with the City, in the form of the copy of the contract annexed hereto, and the bidder proposes and agrees if this bid is accepted, that the bidder will execute and fully perform the contract for which bids are called; that the bidder will provide all necessary labor, storage, transportation, machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that the bidder will take in full payment therefor, including all applicable taxes, the unit prices set forth in the attached bid schedule.

By my signature on this bid I certify, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements of Public Contract Code Sections 10162, 10232 and 10285.1 are true and correct and that the bidder has complied with the requirements of Section 8103 of the Fair Employment and Housing Commission Regulations (Chapter 5, Title 2 of the California Administrative Code). By my signature on this bid I further certify, under penalty of perjury under the laws of the State of California and the United States of America, that the Noncollusion Affidavit required by Title 23 United States Code, Section 112 and Public Contract Code Section 7106; and the Title 49 Code of Federal Regulations, Part 29 Debarment and Suspension Certification are true and correct. The City of Oakland reserves the right to accept or reject any and all bids.

Signature and Title of Bidder
Date __________________________________
Sign
Here
Project No. 1005340
Schedule O

CAMPAIGN CONTRIBUTION REPORTING REQUIREMENTS
To be completed by City Representative prior to distribution to Contractor.

City Representative: Jennifer Stern Phone 510-381-7515 Project Spec No. 1005340 Department: OPW Contract Name: Courtland Creek Restoration Project This is an ___ Original ___ Revised form (check one). If original, complete all that applies. If Revised, complete Contractor name and any changed data.

Contractor Name Phone
Street Address City , State Zip
Type of Submission (check one) Bid Proposal Qualification Amendment Majority Owner (if any). A majority owner is a person or entity who owns more than 50% of the contracting firm or entity.

Individual or Business Name Phone
Street Address City , State Zip
The undersigned Contractor's Representative acknowledges by his or her signature the following:

The Oakland Campaign Reform Act limits campaign contributions and prohibits contributions from contractors doing business with the City of Oakland during specified time periods. Violators are subject to civil and criminal penalties.

I have read Oakland Municipal Code Chapter 3.12, including section 3.12.140, the contractor provisions of the Oakland Campaign Reform Act and certify that I/we have not knowingly, nor will I /we make contributions during the period specified in the Act.

I understand that the contribution restrictions also apply to entities/persons affiliated with the contractor as indicated in the Oakland Municipal Code Chapter 3.12.080.

If there are any changes to the information on this form during the contribution-restricted time period, I will file an amended form with the City of Oakland.

Signature Date
Print Name of Signer Position
To be Completed by City of Oakland after completion of the form Date Received by City: By
Date Entered on Contractor Database: By
Schedule R

SUBCONTRACTOR, SUPPLIER, TRUCKING LISTING
1005340 – Courtland Creek Restoration

SCHEDULE R-FED

SUBCONTRACTORS, SUPPLIERS AND TRUCKING LISTING (DBE AND NON-DBE) IMPORTANT Please read carefully: Date:

Prime Contractor:Project No.:Project Name:Signed:

Attach additional page(s) if necessary.For tracking purposes Prime Contractor is required to identify the ethnicity and gender of all listed firm's majority owner. * Ethnicity Codes: (AA=African American) (AI=Asian Indian) (AP=Asian Pacific) (C=Caucasian) (H=Hispanic) (NA=Native American) (O=Other) (NL=Not Listed)** Gender Codes: (M = Male) (F = Female)*** Alternate (if applicable) - Please indicate in alternate box either 1, 2 or 3 and so on for alternate line items.

Notes: (1) The DBE dollar amounts reported on Schedule R-FED must match DBE dollars reported on Exhibit 15-G Type of Work
(Revised 07/2014)
This form must be submitted with Bid. Failure to submit Schedule R-Fed with bid shall deem the bid as non-responsive.

DBE
Subcontractor
Supplier Contractor's License #
The contractor herewith must list all subcontractors and suppliers with values in excess of one-half of 1 percent of the Prime Contractor’s total bid or ten thousand dollars ($10,000) whichever is greater regardless of tier to be used on the project. The contractor agrees that no changes will be made in this list without the approval of the City of Oakland. Provide the address, type of work, dollar amount and check all boxes that apply. Bidders that do not list all subcontractors and suppliers with values greater than one half of one percent and dollar amount shall be deemed nonresponsive. Contractors will receive credit towards the goal if they employ a DBE trucking company that performs a commercially useful function as defined in 49 CFR 26.55(d)(1) through (4) and (6).

Company Name Address and City Dollar Amount
*Ethicity
**Gender
***Alternate Phone Number
Trucking
&KZ^
/
1005340 – Courtland Creek Restoration
Schedule W

BORDER WALL PROHIBITION
This form is to be completed by Contractors and their sub-contractors, and all Vendors seeking to do business with the City of Oakland) I, , the undersigned, a
(Name)
of ,
(Title) (Business Entity)
(hereinafter referred to as Business Entity) am duly authorized to attest on behalf of the Business Entity:

I. Neither this Business Entity nor any of its subsidiaries, affiliates or agents are under contract with any branch of the federal government to plan, design, build, support, repair and/or maintain any part of the border wall nor do we anticipate entering or competing for such work for the duration of a contract or contracts with the City of Oakland.

II. The appropriate individuals of authority are cognizant of their responsibility to notify the city contact person/Project Manager, invoice reviewer or the City Administrator’s Office of Contracts and Compliance if any of the identified above decide to compete, plan, design, build, support, repair and/or maintain any part of work or servicing the border wall.

III. To maintain compliance, upon review and approval of invoices, the contractors/vendors hereby agree to submit attached to each invoice, a declaration on company stationery that the company remains in compliance with the Border Wall Prohibition and will not seek or secure a contract related to all aspects of the Border Wall.

IV. Upon close out or completion of deliverables and prior to issuance of final payment (while honoring the Prompt Payment Ordinance) I agree to submit a statement attached to the final invoice, under penalty of perjury, declaring full compliance with the Border Wall Prohibition. I understand that an invoice is not declared fully complete and accepted unless and until the declaration of compliance is accepted.

V. I declare under penalty of perjury that the above will not, have not and do not plan to participate in the building, servicing, maintenance of the operations of the so called “Border Wall”.

I declare that I understand Ordinance #13459 C.MS. Based on my understanding the above is true and correct to the best of my knowledge.

I declare that I understand Ordinance #13459 C.MS. Based on my understanding all or a portion of the above is not true and correct to the best of my knowledge. (Printed Name and Signature of Business Owner) (Date)
(Name of Business Entity) (Street Address City, State and Zip Code) (Name of Parent Company)
Minor Revisions: DB -3/8/2018
1005340 – Courtland Creek Restoration
NOTE: BIDDER MUST USE THIS FORM

BID BOND
KNOW ALL MEN BY THESE PRESENTS:

THAT (hereinafter called the
Principal), and , a corporation organized and
doing business under and by virtue of the laws of the State of , and duly licensed for the purpose of making, guaranteeing or becoming sole surety upon bonds or undertakings required or authorized by the laws of the State of California, as Surety, are held and firmly bound unto the City of Oakland, a municipal corporation, (hereinafter called the Obligee) in the just and full sum of
Dollars ($ ) lawful money of the United States of America, for the payment of which, well and truly to be made, we hereby bind ourselves and each of our successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the above bounden Principal as aforesaid, is about to hand in and submit the Obligee a bid or proposal for Project No. , in accordance with the plans and specifications filed in the office of the Obligee and under the Notice To Bidders therefore.

NOW, THEREFORE, if the bid or proposal as submitted by the said Principal shall be accepted, and the contract for such work or supplies be awarded to the Principal, and the said Principal shall fail, neglect or refuse to enter into a contract to perform said work or deliver said supplies, and furnish good and sufficient bond therefore, then the amount of this bond shall be declared to be forfeited to said Obligee as liquidated damages, it being agreed that said Obligee will suffer damages as a result of such failure, neglect or refusal of the Principal and that such damages are and will continue to be, impracticable and extremely difficult to determine.

IN WITNESS WHEREOF, said Principal and said Surety have caused these presents to be duly signed and sealed this day of A.D., 2020.

By
Attorney-in-Fact
1005340 – Courtland Creek Restoration

ACKNOWLEDGMENT

STATE OF CALIFORNIA
County of
On before me,
, a Notary Public, personally appeared
, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ties), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature {SEAL}
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

Local Assistance Procedures Manual Exhibit 15-G
Construction Contract DBE Commitment
January 2019
1005340 – Courtland Creek Restoration
EXHIBIT 15-G CONSTRUCTION CONTRACT DBE COMMITMENT

1. Local Agency: 2. Contract DBE Goal:

3. Project Description:

4. Project Location:

5. Bidder's Name: 6. Prime Certified DBE: 7. Bid Amount:

8. Total Dollar Amount for ALL Subcontractors: 9. Total Number of ALL Subcontractors:

10. Bid
Item
Number

11. Description of Work, Service, or Materials
Supplied

12. DBE
Certification
Number

13. DBE Contact Information
(Must be certified on the date bids are opened)

14. DBE
Dollar
Amount
Local Agency to Complete this Section upon Execution of Award

15. TOTAL CLAIMED DBE PARTICIPATION
$

21. Local Agency Contract Number:

22. Federal-Aid Project Number:
%

23. Bid Opening Date:

24. Contract Award Date:

IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Names of the First Tier DBE Subcontractors and their respective item(s) of work listed above must be consistent, where applicable with the names and items of the work in the "Subcontractor List" submitted with your bid. Written confirmation of each listed DBE is required.

Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate.

26. Local Agency Representative's Signature 27. Date 16. Preparer's Signature 17. Date

28. Local Agency Representative's Name 29. Phone 18. Preparer's Name 19. Phone

30. Local Agency Representative's Title 20. Preparer's Title DISTRIBUTION: 1. Original – Local Agency

2. Copy – Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract.

3. Include additional copy with award package.

25. Award Amount:
________________________________________________________ Local Assistance Procedures Manual Exhibit 15-G
Construction Contract DBE Commitment
January 2019
1005340 – Courtland Creek Restoration
ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654- 3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.

INSTRUCTIONS – CONSTRUCTION CONTRACT DBE COMMITMENT

CONTRACTOR SECTION

1. Local Agency - Enter the name of the local agency that is administering the contract.

2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.

3. Project Location - Enter the project location(s) as it appears on the project advertisement.

4. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc).

5. Bidder’s Name - Enter the contractor’s firm name.

6. Prime Certified DBE - Check box if prime contractor is a certified DBE.

7. Bid Amount - Enter the total contract bid dollar amount for the prime contractor.

8. Total Dollar Amount for ALL Subcontractors – Enter the total dollar amount for all subcontracted contractors. SUM = (DBEs + all Non-DBEs). Do not include the prime contractor information in this count.

9. Total number of ALL subcontractors – Enter the total number of all subcontracted contractors. SUM = (DBEs + all NonDBEs). Do not include the prime contractor information in this count.

10. Bid Item Number - Enter bid item number for work, services, or materials supplied to be provided.

11. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided.

Indicate all work to be performed by DBEs including work performed by the prime contractor’s own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.

12. DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified on the date bids are opened.

13. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted contractors. Also, enter the prime contractor’s name and phone number, if the prime is a DBE.

14. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided.

Include the prime contractor if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.

15. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the “DBE Dollar Amount” column. %:

Enter the total DBE participation claimed (“Total Claimed DBE Participation Dollars” divided by item “Bid Amount”). If the total % claimed is less than item “Contract DBE Goal,” an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).

16. Preparer’s Signature - The person completing the DBE commitment form on behalf of the contractor’s firm must sign their name.

17. Date - Enter the date the DBE commitment form is signed by the contractor’s preparer.

18. Preparer’s Name - Enter the name of the person preparing and signing the contractor’s DBE commitment form.

19. Phone - Enter the area code and phone number of the person signing the contractor’s DBE commitment form.

20. Preparer’s Title - Enter the position/title of the person signing the contractor’s DBE commitment form.

LOCAL AGENCY SECTION

21. Local Agency Contract Number - Enter the Local Agency contract number or identifier.

22. Federal-Aid Project Number - Enter the Federal-Aid Project Number(s).

23. Bid Opening Date - Enter the date contract bids were opened.

24. Contract Award Date - Enter the date the contract was executed.

25. Award Amount – Enter the contract award amount as stated in the executed contract.

26. Local Agency Representative’s Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Contractor Section of this form is complete and accurate.

27. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.

28. Local Agency Representative’s Name - Enter the name of the Local Agency Representative certifying the contractor’s DBE commitment form.

29. Phone - Enter the area code and phone number of the person signing the contractor’s DBE commitment form.

30. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the contractor’s DBE commitment form.

Local Assistance Procedures Manual Exhibit 15-H
Proposer/Contractor Good Faith Effort
May 2020
1005340 – Courtland Creek Restoration
EXHIBIT 15-H: PROPOSER/CONTRACTOR GOOD FAITH EFFORTS
Cost Proposal Due Date ___________________ PE/CE
Federal-aid Project No(s). _____________________ Bid Opening Date ___________________ CON The (Agency Name) established a Disadvantaged Business Enterprise (DBE) goal of _____% for this contract. The information provided herein shows the required good faith efforts to meet or exceed the DBE contract goal.

Proposers or bidders submit the following information to document their good faith efforts within five (5) calendar days from cost proposal due date or bid opening. Proposers and bidders are recommended to submit the following information even if the Exhibit 10-O1: Consultant Proposal DBE Commitments or Exhibit 15-G: Construction Contract DBE Commitment indicate that the proposer or bidder has met the DBE goal. This form protects the proposer’s or bidder’s eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error.

The following items are listed in the Section entitled “Submission of DBE Commitment” of the Special Provisions, please attach additional sheets as needed:

A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication):

Publications Dates of Advertisement
B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.):

Names of DBEs Solicited Date of Initial Solicitation Follow Up Methods and Dates Local Assistance Procedures Manual Exhibit 15-H
Proposer/Contractor Good Faith Effort
May 2020
1005340 – Courtland Creek Restoration
C. The items of work made available to DBE firms including those unbundled contract work items into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation in order to meet or exceed the DBE contract goal.

0.00%

0.00%
D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE:

Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of the DBEs:

Names, addresses and phone numbers of firms selected for the work above:

E. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining information related to the plans, specifications and requirements for the work which was provided to DBEs:

Items of
Work
Proposer or Bidder
Normally Performs Item
(Y/N)
Breakdown of
Items
Amount
($)
Percentage
Of
Contract
Local Assistance Procedures Manual Exhibit 15-H
Proposer/Contractor Good Faith Effort
May 2020
1005340 – Courtland Creek Restoration
F. Efforts (e.g. in advertisements and solicitations) made to assist interested DBEs in obtaining bonding, lines of credit or insurance, necessary equipment, supplies, materials, or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate:

G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.):

Name of Agency/Organization Method/Date of Contact Results H. Any additional data to support a demonstration of good faith efforts:
1005340 – Courtland Creek Restoration
Section 6. Special Provisions
Project Special Provisions 1 Bid Documents: January 2023

CITY OF OAKLAND

STANDARD SPECIFICATIONS
FOR

PUBLIC WORKS CONSTRUCTION
AKA
“SPECIAL PROVISIONS”
The work to be performed under the contract includes the work described in the Notice to Bidders, all items listed in the Bid Schedule, and work shown on the plans or included in the project specifications. The work shall be performed in accordance with:

1. The “Standard Specifications for the Public Works Construction, 2015 Edition” adopted by City Council Ordinance No. 13455 C.M.S. on October 3, 2017 (aka Greenbook and hereinafter referred to as the “Standard Specifications”); and

2. These Special Provisions that modify said Standard Specifications; and

3. The “City of Oakland Standard Details for Public Works Construction 2002 Edition” (hereinafter referred to as the “Standard Details”); and

4. Courtland Creek Restoration Project Technical Specifications dated December 6, 2022.

The section numbers used herein (e.g., “1-2 DEFINITIONS”) correspond to the section numbers of the Standard Specifications that are modified by the Special Provisions.

Copies of said Standard Specifications (GREEN BOOK) may be purchased through http://www.bnibooks.com.

A digital version of the Standard Details is available online at https://www.oaklandca.gov/resources/standard-details-for-public-works-construction Project Special Provisions 2 Bid Documents: January 2023 Contents
SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS 7
1-2 DEFINITIONS. 7
1-3 ABBREVIATIONS. 8
SECTION 2 - SCOPE AND CONTROL OF WORK 8
2-1 AWARD AND EXECUTION OF THE CONTRACT. 8
2-1.1 City Ordinance. 8
2-1.2 Approximate Estimate. 8
2-1.3 Examination of Plans, Specifications, and Site of Work. 8 2-1.4 Proposal Form. 8
2-1.5 Bid Security. 9
2-1.6 Submission and Opening of Bids 9
2-1.7. Rejection of Proposals. 9
2-1.8 Complaints. 9
2-1.8.1 Protests. 9
2-1.8.2 Release From Bid. 9
2-1.9 Award of Contract 9
2-1.10 Contract Execution. 10
2-1.11 Return of Guaranty of the Successful Bidder. 10
2-3 SUBCONTRACTS. 10
2-3.2 Self Performance. 10
2-3.4 Miscellaneous. 10
2-4 CONTRACT BONDS. 10
2-5 PLANS AND SPECIFICATIONS. 11
2-5.1 General. 11
2-5.3 Submittals. 11
2-5.3.1 General. 11
2-5.3.7 Submittal Schedule. 11
2-6 WORK TO BE DONE. 12
2-8 RIGHT-OF-WAY. 12
2-9 SURVEYING. 12
2-9.1 Permanent Survey Markers. 12
2-10 AUTHORITY OF BOARD AND ENGINEER. 12
2-13 RE-INSPECTION AT THE END OF THE WARRANTY PERIOD. 12 2-14 GPS COORDINATES AND VERTICAL DATUM. 13
SECTION 3 - CHANGES IN WORK 13
3-1 CHANGES REQUESTED BY THE CONTRACTOR. 13
3-1.1 General. 13
Project Special Provisions 3 Bid Documents: January 2023 3-2 CHANGES INITIATED BY THE AGENCY. 14
3-2.1 General. 14
3-2.2.4 Materials Cost Escalation Clause. 14
3-2.2.4.1 General. 14
3-2.2.4.2 Asphalt Concrete Products. 14
3-2.2.4.3 Portland Cement and Structural Steel Products 15 3-2.4 Agreed Prices. 16
3-3 EXTRA WORK. 16
3-3.2 Payment. 16
3-3.2.2 Basis for Establishing Costs. 16
3-3.2.3 Markup. 17
3-5 DISPUTED WORK. 17
3-6 PROCEDURE FOR PROTEST BY THE CONTRACTOR. 17
3-7 CLAIMS PROCEDURES. 18
3-8 CLAIM APPEALS. 19
SECTION 4 - CONTROL OF MATERIALS 19
4-1 MATERIALS AND WORKMANSHIP. 19
4-1.1 General. 19
4-1.1.1 Material Furnished by the Agency 19
4-1.1.2 Required Recycled-Content Material Report. 19
4-1.1.3 Required Construction and Demolition Waste Reduction and Recycling 19 4-1.3 Inspection Requirements. 20
4-1.3.4 Reinspection and Retesting. 20
4-1.5 Certificate of Compliance. 20
4-1.6 Trade Names or Equals. 20
SECTION 5 - UTILITIES 20
5-1 LOCATION. 20
5-2 PROTECTION. 21
5-5 DELAYS. 21
5-6 COOPERATION. 21
5-6.1 Utility Work 21
5-7 UTILITY EXCAVATION BACKFILL. 21
SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 21 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. 21
6-1.1 Construction Schedule. 21
6-1.2 Commencement of the Work 21
6-1.3 Mandatory Pre-Construction Meeting. 22
6-3.1 General. 22
6-3.3 Hazardous Material and Waste Encountered during Operations 22 6-6 DELAYS AND EXTENSIONS OF TIME. 23
Project Special Provisions 4 Bid Documents: January 2023 6-6.1 General. 23
6-6.3 Payment for Delays to Contractor. 23
6-7.2 Working Day. 23
6-7.2 Working Day. 23
6-7.4 Contract Working Days. 23
6-8 COMPLETION, ACCEPTANCE, AND WARRANTY. 24
6-9 LIQUIDATED DAMAGES. 24
SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR 24
7-1 CONTRACTOR’S EQUIPMENT AND FACILITIES. 24
7-1.1 General. 24
7-1.4 Powered Industrial Trucks, Forklifts, Heavy Equipment and Other Vehicles. 25 7-2 LABOR. 25
7-2.2 Prevailing Wages. 25
7-2.2.1 Electronic Payroll Submission. 25
7-2.2.2 Electrical Workers Safety Requirement 26
7-2.2.3 Federal Wage Rates. 26
7-3 INSURANCE 26
7-3.1 City of Oakland Insurance Requirements. 26
7-3.2 General Liability Insurance. 26
7-3.3 Workers’ Compensation Insurance. 27
7-3.4 Auto Liability Insurance. 27
7-3.5 Responsibility for Damage. 27
7-5 PERMITS AND LICENSES. 27
7-6 THE CONTRACTOR'S REPRESENTATIVE. 27
7-7 COOPERATION AND COLLATERAL. 27
7-8 WORK SITE MAINTENANCE. 27
7-8.1 General. 27
7-8.2 Air Pollution Control. 28
7-8.4.1 General. 28
7-8.6 Water Pollution Control. 28
7-8.6.1 General. 28
7-8.6.2 Best Management Practices (BMPs 29
7-8.6.3 Storm Water Pollution Prevention Plan (SWPPP). 29 7-8.6.4 Dewatering. 29
7-8.6.5 Reference Publications. 29
7-8.6.6 Material Storage 30
7-8.6.7 Pavement Saw Cutting Operations. 30
7-8.6.8 Pavement Operations. 30
7-8.6.9 Concrete Operations. 30
Project Special Provisions 5 Bid Documents: January 2023 7-8.6.10 Grading and Excavation Operations. 31
7-8.6.11 Spill Prevention and Control. 31
7-8.6.12 Vehicle/Equipment Cleaning. 31
7-8.6.13 Contractor Training And Awareness. 31
7-8.6.14 Good Housekeeping Practices 32
7-8.6.15 Payment 32
7-8.6.16 Enforcement. 32
7-8.7 Removal of Graffiti. 32
7-8.8 Contractor's Identification. 33
7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. 33 7-10 SAFETY. 33
7-10.2 Storage of Equipment and Materials in Public Streets. 33 7-10.4 Safety. 34
7-10.4.1-2 Safety Orders. 34
7-10.4.4 Special Hazardous Substances and Processes. 34 7-10.4.5 Confined Spaces. 34
7-10.4.6 Compliance with Laws. 34
7-11 PATENT FEES OR ROYALTIES. 36
7-12 ADVERTISING. 37
7-12.1 Contract Information Signs. 37
7-12.2 Door Hanger Notifications. 37
7-13 LAWS TO BE OBSERVED. 37
7-15 Violations and Fines. 37
SECTION 8 - FACILITIES FOR AGENCY PERSONNEL 37
8-1 GENERAL. 38
8-2 FIELD OFFICE FACILITIES. 38
8-2.1 Class “A” Field Office. 38
8-6 BASIS OF PAYMENT. 38
SECTION 9 - MEASUREMENT AND PAYMENT 38
9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK. 38
9-1.1 General. 38
9-3 PAYMENT. 38
9-3.2 Partial and Final Payment. 38
9-3.2.1 Subcontractor Release of Retention 39
9-3.2.2 Subcontractor/Subconsultant/Supplier Payment Certification. 39 9-3.2.3 Submittal of Certified Payrolls. 40
9-3.2.4 Required Job Site Waste Reduction and Recycling Summary Report Form 40 9-3.2.5 Prompt Payment Transmittal Form. 40
Project Special Provisions 6 Bid Documents: January 2023 9-3.3 Delivered Materials. 40
9-3.4 MOBILIZATION. 41
9-4 AS-BUILT DRAWINGS. 41
9-5 SUBSTANTIAL COMPLETION AND OCCUPANCY. 41
Attachment 1 44
Contractor’s Guarantee 44
Attachment 2 45
Attachment 3 46
Attachment 4 47
Attachment 5 48
Attachment 7: 49
Attachment 8 50
Attachment 9A: 52
Attachment 10 53
Attachment 11 54
Attachment 12 55
Attachment 12 56
211-7 IMPORT FILL MATERIAL. 56
211-7.1 Definitions. 56
211-7.2 General. 56
Table 211-7.2(A). Sampling Frequency for Import Material Characterization1 56 Table 211-7.2(B). Required Analyses by Source Area Land Use History – 57 Soil and Aggregate (Not Recycled) 57
211-7.3 Screening Levels for Import Material. 58
Project Special Provisions 7 Bid Documents: January 2023 PART 1 - GENERAL PROVISIONS
Part 1 of the Special Provisions shall conform to Part 1 of the Standard Specifications except as modified herein.

SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND

SYMBOLS
1-2 DEFINITIONS.

CHANGE THE DEFINITIONS OF THE FOLLOWING WORDS OF SUBSECTION 1-2:

Addendum: A change or changes made in one or more of the contract documents after bids are invited and before bids are received.

Agency: The City of Oakland, California, a municipal corporation.

Board: The Council of the City of Oakland.

Contract: The written agreement covering performance of the work including, but not limited to, the executed formal contract, Notice to Bidders, proposal, bonds, plans, specifications, addenda and any executed change orders.

Engineer: The City Engineer of the City of Oakland, acting either directly or through authorized agents, such agents acting within the scope of the particular duties entrusted to them.

ADD THE FOLLOWING NEW DEFINITIONS TO SUBSECTION 1-2:

Acceptance: The Engineer’s formal written acceptance of an entire contract that has been completed in all respects in accordance with the plans and specifications and any modifications thereof previously approved.

Architect: Same as "Engineer."
Building Sewer: The 4-inch, 5-inch, 6-inch, or 8-inch sewer pipe, also known as "lateral", within both the public right-of way and the private property connecting the building or house to, and including, the connection at the public sewer in the right-of-way or easement. Includes both the "house sewer" and the "house connection sewer."
Building Sewer Connection: (House Connection) The connection at the public sewer in the public rightof-way or easement, to the 4-inch, 5-inch, 6-inch, or 8-inch building sewer.

City: Same as "Agency."
City Clerk: The City Clerk of the City of Oakland.

Council: Same as "Board."
City Administrator: City Administrator of the City of Oakland.

City Treasury: City Treasury of the City of Oakland.

Contract Services: The Contract Services Division of the Department of Public Works. This division is responsible for advertising, bidding and executing the contracting process.

Contract Compliance: The Contracts and Compliance Division of the City Administrator's Office.

Contract Compliance Officer: A subordinate of the Contracts and Compliance Division who is responsible for enforcement of the labor, subcontractor, and supplier provisions of the contract.

Electrolier Standard: The shaft or pole used to support the luminaire arm, luminaire, etc.

Inspector: Same as "Engineer."
Hearing Officer: The Engineer or his/her designee. The Hearing Officer shall be at least one administrative level above the Inspector or Resident Engineer assigned to the project.

Laboratory: The official materials testing laboratory of the City of Oakland or other laboratories authorized by the Engineer to provide quality assurance. The records and reports of tests may be examined if they are available at the job site.

Landscape Architect: Same as "Engineer."
Local Public Agency: The City of Oakland.

Lower Lateral: (House Connection Sewer) That portion of the building sewer existing from the building sewer connection to the Two-Way cleanout.

Owner: The City of Oakland.

Payment Bond: Material and Labor Bond.

Performance Bond: Faithful Performance Bond.

Public Body: The City of Oakland.

Project Special Provisions 8 Bid Documents: January 2023 Specifications: The term used herein refers to both the Standard Specifications and Special Provisions.

Two-way Cleanout: (Also known House Connection Cleanout or 2-Way Cleanout.) A 4-inch or 6-inch two-way fitting, no hub, cast iron cleanout installed on the building sewer within the public right-of-way.

Upper Lateral: (House Sewer) That portion of the building sewer existing from the Two-Way Cleanout to the building connection.
1-3 ABBREVIATIONS.

ADD THE FOLLOWING NEW ABBREVIATIONS TO SUBSECTION 1-3:

ABAG: Association of Bay Area Governments
ADA: Americans with Disability Act
CAL-OSHA: California Occupational Safety and Health Administration CALTRANS: California Department of Transportation
EBMUD: East Bay Municipal Utility District
HR: Hour
OMC: Oakland Municipal Code
OPW: Oakland Public Works Department of the City of Oakland ISA: International Society of Arboriculture
PAV: Pressure Aging Vessel
RTFO: Rolling Thin Film Oven
PG: Performance Graded
SFRWQCB: San Francisco Regional Water Quality Control Board SECTION 2 - SCOPE AND CONTROL OF WORK
CHANGE SUBSECTION 2-1 TO READ:
2-1 AWARD AND EXECUTION OF THE CONTRACT.
2-1.1 City Ordinance. The bidder shall conform to provisions of Ordinance No. 7937 CMS of the City of Oakland, as amended, that may be applicable to its bid or to the contract awarded it. 2-1.2 Approximate Estimate. Unless otherwise specified in the Special Provisions or bid documents as being lump sum items, any quantities given in the specifications, proposal and contract forms are approximate only, being given as a basis for comparing bids. The City of Oakland, does not, expressly or by implication, agree that the actual work amount will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work, as may be deemed necessary or advisable by the Engineer.
2-1.3 Examination of Plans, Specifications, and Site of Work. The bidder shall examine carefully the contemplated work site and the proposal, plans, specifications and contract forms. It will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished, and as to the requirements of these specifications and the contract. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination. 2-1.4 Proposal Form. All proposals must be made upon forms contained in the proposal section of the bound project documents.

Bids are required for the entire work. The bid amount, for comparison purposes, will be the total of all items. The total of unit basis items will be determined by extension of the item price bid on the basis of the estimated quantity set forth for the item.

The bidder shall set forth for each item of work, in clearly legible figures, an item price and a total price for the item in the respective spaces provided for this purpose. In the case of unit basis items, the amount set forth under the "Total" column shall be the extension of the item price bid on the basis of the estimated quantity.

In case of a discrepancy between the item price and the total set forth for the item, the item price shall prevail. However, if the amount set forth as an item price is ambiguous, unintelligible, or uncertain for any cause, or if omitted, or in the case of unit basis items, is the same amount as the entry on the "Total" column, then the amount set forth in the "Total" column for the items shall prevail in accordance with the following:
1) As to lump sum items, the amount set forth in the "Total" column shall be the item price. 2) As to unit basis items, the amount set forth in the "Total" column shall be divided by the estimated quantity for the item and the price thus obtained shall be the item price. All bids shall be clearly and distinctly written. The bidder, who shall fill in all blanks in the proposal forms as therein required, shall sign the proposal.
3) As to add or subtract alternate bids, any discrepancy between the proposal form and changes made by Project Special Provisions 9 Bid Documents: January 2023 the bidder, the amount shown will be for the alternate as shown on the proposal form. 2-1.5 Bid Security. Each bidder shall submit with the bid security either cash, certified check or cashier's check of or on some responsible United States Bank, in favor of and payable at sight to the City of Oakland, in an amount not less than ten percent (10%) of the base bid amount. The Contractor must use only the City of Oakland bid security form included with the project documents; bid security forms originating from other institutions will not be accepted. Any contractors not complying with this requirement may be determined to be non-responsive/non-responsible bidders.

To be valid, the original copy must be delivered to the City Clerk's Office within 24 hours of the time and date of the bid opening. If the bidder to which the contract is awarded shall, for 20 calendar days after receipt of such contract, fail or neglect to enter into the contract and file the required bonds, the bid security shall be forfeited as liquidated damages. The City Administrator shall draw the money due on such bid security and pay the same or any cash deposited into the City Treasury, and under no circumstances shall it be returned to the defaulting bidder. In lieu of the foregoing, any bid may be accompanied by a surety bond on a forfeiture form supplied by the City of Oakland in said amount furnished by a corporate surety authorized to do a surety business in the State of California, guaranteeing to the City that said bidder will enter into the contract and file the required bonds within said period.

The bidder’s failure to enter into the contract after award will result in damages to the City. Such damages are, and will continue to be, impracticable and extremely difficult to determine.

All bid securities and bid bonds will be returned to the unsuccessful bidders after contract award to the successful bidder. The bid security and bid bond of the successful bidder shall be returned after execution of the contract and deposit of the necessary bonds.

If all the bids are rejected, all bids and bid bonds will be returned to the bidders. 2-1.6 Submission and Opening of Bids. All bids shall be sealed, identified as bids on the envelope, and submitted to the City Clerk at the place and time specified in the public Notice to Bidders. The City Administrator or his/her designated representative will open the bids, in public, at the time and place designated in the Notice to Bidders. Bids received after the specified time shall not be accepted, and shall be returned to the bidder unopened.
2-1.7. Rejection of Proposals. Proposals may be rejected if they contain erasures, interlineations, or irregularities of any kind. The Council reserves the right to reject any and all bids. The Council may reject the bid of any party who has been delinquent or unfaithful in any former contract with the City, and shall reject all bids other than the lowest responsible regular bid.

More than one proposal from an individual, firm, partnership, corporation or combination thereof under the same or different name will not be considered.

Reasonable grounds for believing that any individual, firm, partnership, corporation or combination thereof has a financial interest in more than one proposal for the work contemplated may cause the rejection of all proposals in which such individual, firm, partnership, corporation or combination thereof is interested. If there is reason for believing that collusion exists among bidders, any or all proposals may be rejected. Proposals in which the prices obviously are unbalanced may be rejected. If all bids are rejected, the Agency may again invite sealed proposals as in the first instance.
2-1.8 Complaints. Any bidder or other interested party desiring to enter a complaint against any part or provision of these specifications or the requirements in bidding must file the same in writing in the Office of the City Clerk not later than five working days preceding the date set for submission of the bids. 2-1.8.1 Protests. Any bidder or other interested party desiring to protest against any party bid must file a written statement with the Office of the City Clerk not later than five (5) working days after the bid opening date.
2-1.8.2 Release From Bid. A bidder shall not be relieved of the bid unless by consent of the City, nor shall any change be made in the bid because of a mistake. A bidder may be relieved of its bid if: a mistake is made; he or she gave the Contracts and Compliance Unit and the City Clerk notice within five working days after the bid opening of the mistake, specifying in the notice in detail how the mistake occurred; the mistake made the bid materially different than he or she intended it to be; and, the mistake was made in filling out the bid and not due to error in judgment or to carelessness in inspecting the work site, or in reading the plans and specifications.
2-1.9 Award of Contract. The contract award, if made, will be by the Council and will be to the lowest responsible bidder whose proposal complies with all the requirements of the Specifications and Ordinance No. 7937 CMS as amended. If the contract award is made within 90 days from opening of the bids, the Contractor will be required to hold the bid price. If the contract award is made more than 90 days, the contractor has the option to notify the City in writing to withdraw their bid within 5 working days from the contract award date. Otherwise, the contractor must hold the bid price. All bids will be compared on the basis of the Engineer's estimate of quantities of work to be done and/or lump sum bid items. The Council reserves the right to waive any informality or minor irregularity in the bids.

Project Special Provisions 10 Bid Documents: January 2023 2-1.10 Contract Execution. The contract shall be signed by the successful bidder and returned together with the contract bonds, appropriate insurance documents and a copy of Form DE6 (Quarterly Wage Report) for the prime and subcontractors listed in the bid proposal, within 20 days after the receipt of such contract. 20 days is typical, revise as appropriate for urgent projects. If the bidder fails or refuses to enter into the contract to do the work, or fails to provide the contract bonds, appropriate insurance documents and the prime and subcontractor’s Form DE6 (Quarterly Wage Report) as required, then the certified check or bid bond accompanying this bid and the amount herein mentioned shall be forfeited, and/or a fine of $1,000 per day, shall be collected by the City of Oakland and paid into the City Treasury. 2-1.11 Return of Guaranty of the Successful Bidder. The check, or bid bond accompanying the accepted bid will be held by the City Clerk until the contract has been entered into, and the bonds accompanying the same are approved and filed, whereupon the certified check or bid bond will be returned to the successful bidder.

2-3 SUBCONTRACTS.
2-3.2 Self Performance.

REPLACE SUB-SECTION 2.3.2 WITH THE FOLLOWING:

The Contractor shall perform, with its own organization, Contract work amounting to at least 30 percent of the Contract Price except that any designated "Specialty Items" may be performed by subcontract and the amount of any such "Specialty Items" so performed will be deducted from the Contract Price before computing the amount required to be performed by the Contractor with its own organization. "Specialty Items" will be identified by the Agency in the Bid or in the Special Provisions. Where an entire item is subcontracted, the value of work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer.

ADD NEW SUBSECTION 2-3.4:
2-3.4 Miscellaneous. The Contractor may utilize the service of specialty Subcontractors on those parts of the work that, under normal contracting practices, is performed by specialty Subcontractors.

The Contractor shall not award any work to any Subcontractor without prior written approval of the City.

Approval will not be given until the Contractor submits to the City a written statement concerning the proposed award to the Subcontractor, which statement shall contain such information as the City may require.

The Contractor shall be as fully responsible to the City for the acts and omissions of persons directly employed by him.

The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind Subcontractors to the Contractor by the terms of the General Provisions and other contract documents insofar as applicable to the work of Subcontractors and to give the Contractor the same power as regards terminating any subcontract that the City may exercise over the Contractor under any provisions of the contract documents.

Nothing contained in this contract shall create any contractual relation between any Subcontractor and the City.

2-4 CONTRACT BONDS.

REPLACE THE SECOND AND THIRD SENTENCES OF THE FIRST PARAGRAPH WITH THE FOLLOWING:

All surety bonds, including bid, performance and payment bonds, must be furnished by a corporate surety admitted in the State of California or Lloyds of London, except as follows:
 If the contract award is $5,000,000 or less, the surety bond may be furnished by a United States non-admitted corporate surety which appears on the Treasury List subject to the bonding limits which the Treasury List imposes on such surety; or,
 If the contract award is $1,000,000 or less, the surety bond may be furnished by a United States non-admitted corporate surety which has an A.M. Best rating of A+; or,  If the contract award is $500,000 or less, the surety bond may be furnished by a United States non-admitted corporate surety that has an A.M. Best rating of A-.

ADD THE FOLLOWING AFTER THE SECOND SENTENCE OF THE THIRD PARAGRAPH:

The percentage of the Payment Bond shall be as listed in the Notice to Bidders. The Payment Bond shall guarantee payment of all claims for labor and material unfurnished, for amounts due under the Unemployment Project Special Provisions 11 Bid Documents: January 2023 Insurance Act with respect to such work or labor, or any amounts required to be deducted, withheld and paid over to the Franchise Tax Board from the wages of employees pursuant to Section 18806 of Revenue and Taxation Code with respect to such work and labor as required by the California Civil Code Section 3247, et. seq.

REPLACE THE FOURTH PARAGRAPH WITH THE FOLLOWING:

The percentage of the Performance Bond shall be as listed in the Notice to Bidders. The Performance Bond shall guarantee faithful performance of all work, within the time prescribed, in a manner satisfactory to the Agency, and that all materials and workmanship will be free from original or developed defects. The Performance Bond must remain in effect until the end of all warranty periods set forth in the Contract. 2-5 PLANS AND SPECIFICATIONS.
2-5.1 General.

All work shall be performed in compliance with all applicable (most recent editions) federal, state and local codes, code amendments, and ordinances such as, but not limited to, the following:
 California Manual of Uniform Traffic Control Devices (MUTCD);  Uniform Building Code, State Building Code,
 Uniform Plumbing Code,
 Uniform Mechanical Code,
 Uniform Fire Code,
 Uniform Electrical Code,
 "Work Area Traffic Control Handbook."
Unless otherwise noted in the contract documents, the Uniform Building Code shall apply to the construction, alteration or repair of all City facilities including bridges, pedestrian walkways, and pumping stations. 2-5.3 Submittals.
2-5.3.1 General.
2-5.3.1.1 Electronic Submittals. The Contractor shall provide submittals in electronic format when possible and as directed by the City. The Contractor shall establish electronic submittal transfer application or sharable portals as necessary to transmit electronic submittal files too large to be submitted via email.

ADD NEW PARAGRAPHS AT END OF SUBSECTION 2-5.3.3 TO READ:

The Contractor shall use Attachment 2, the submittal transmittal form at the end of the Special Provisions, to certify that the proposed submittal meets the requirements of the project Special Provisions and the Standard Specifications. This form indicates what party (i.e. Contractor = CONTR; Subcontractor = SUB) shall sign the transmittal form.

The Contractor is responsible for providing all required submittals. The City may request additional itemized lists of materials, equipment and fixtures furnished and installed by the Contractor. These requests for itemized lists shall be made in writing specifying the items and details required. The Contractor shall provide these itemized lists within ten working days of the receipt of the written request. The Contractor’s failure to provide said lists will delay payment to the Contractor until such lists are received The Contractor shall provide submittals showing the locking or theft-deterrent mechanisms to be installed on all City streetscape furniture such as trash receptacles, benches, tree grates, bollards, newspaper racks, etc. Such mechanisms shall be as recommended by the product manufacturer. Such theft-deterrent devices shall not pose a tripping hazard to pedestrians. The Contractor shall not order these items until the Engineer has approved the locking procedure detailed in the submittal. 2-5.3.7 Submittal Schedule. The Contractor shall, within fifteen (15) calendar days after receipt from the City of the Notice to Proceed on this Contract, or another period of time as determined by the City, prepare and submit to the City, for Review and Concurrence, a comprehensive submittal schedule. This schedule shall identify all submittal items required by the Contract, or as otherwise requested by the City.

The submittal schedule shall include the date by which the item will be submitted to the City, whether the submittal is for approval or for record, the date by which approval is required, and the date by which the material or equipment must be on site in order not to delay the progress of the Work.

In preparing the submittal schedule, the Contractor shall consider the nature and complexity of each submittal item and shall allow adequate time for review, revision or correction, resubmittal, and approval sufficiently in advance of the construction requirements in order not to delay the progress of the Work. The submittal schedule shall allow adequate time for review of each submittal item prior to submittal to the City.

Review and Concurrence of the submittal schedule is a precondition to the City making the first progress Project Special Provisions 12 Bid Documents: January 2023 payment under the payment provisions of this contract.
2-6 WORK TO BE DONE.

Any work done beyond lines and grades established by the Engineer pursuant to the plans or any extra work done without written authority of the Engineer, shall be considered as unauthorized work and no compensation will be allowed therefor. The Engineer shall have the authority to have such work removed and the area restored, and to deduct the cost thereof from money due the Contractor.

2-8 RIGHT-OF-WAY. The Contractor shall perform work within the public right-of-way or easements shown on the plans. The right to enter onto private property outside the public right-of-way or easement shall be obtained in writing from the property owner by the Contractor at the Contractor's expense. Mobilization and staging areas outside the City right-of-way shall be obtained at the Contractor's expense.

The Contractor shall be solely responsible for damages to persons or property occurring during or as a result of the Contractor's entry onto private property outside the right-of-way or easement area.

The Contractor shall defend and hold the City harmless from any and all claims, causes of action, demands or judgments resulting from the Contractor's entry onto private property outside the right-of-way or easement area.
2-9 SURVEYING.
2-9.1 Permanent Survey Markers.

REPLACE THE LAST SENTENCE OF THE FIRST PARAGRAPH OF SUBSECTION 2-9.1 WITH THE FOLLOWING:

The Contractor’s California-Licensed surveyor shall reference the location and file a corner record with the County Surveyor of Alameda for all known project monuments and provide official copies of the County’s corner records to the City Surveyor prior to doing any construction work. The Contractor shall note that it can take Alameda County Records Office up to four weeks to accept and file corner records. The unit price paid for each bid item Pre and Post Construction Monument Verification shall include full compensation for all labor, materials, surveying, incidentals, and filing costs as required by law.

If it is necessary to remove or replace a City monument in conjunction with the work associated with this contract, the Contractor shall provide two week’s notification to the office of the City Surveyor and, under the direction and supervision of the City Surveyor, the monument will either be temporarily removed and later replaced or it will be relocated to another location. The unit price for each bid item Reset Monument shall include full compensation for all labor, materials, surveying, incidentals, and filing costs as required by law for resetting (raising its frame and cover to meet new grades)/relocating a monument. Markers that otherwise are lost or disturbed by its operations shall be replaced at the Contractor's expense by a City survey crew or by a person licensed to practice land surveying in California as determined by the Engineer. 2-10 AUTHORITY OF BOARD AND ENGINEER.

ADD THE FOLLOWING THREE PARAGRAPHS TO SUBSECTION 2-10:

No member of or Delegate of Congress, or Resident Commissioner shall be admitted to any share or part of this contract or to any benefit that may arise there from, but this provision shall not be construed to extend to this contract if made with a corporation for its general benefit.

No official of the City who is authorized in such capacity and on behalf of the City to negotiate, make, accept or approve, or to take part in negotiating, making, accepting or approving any architectural, engineering, inspection, construction or material supply contract or any subcontract in connection with the construction of the project, shall become directly or indirectly interested personally in this Contract or in any part hereof. No officer, employee, architect, attorney, engineer or inspector of or for the City who is authorized in such capacity and on behalf of the City to exercise any legislative, executive, supervisory, or other similar functions in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part thereof, any material supply contract, subcontract, insurance contract or any other contract pertaining to the project.

Prior federal approval may be required on changes in the work and final acceptance.

ADD NEW SUBSECTION 2-13 TO READ:
2-13 RE-INSPECTION AT THE END OF THE WARRANTY PERIOD. The Contractor shall include in the bid the cost for re-inspection of completed work just prior to the expiration period of the warranty. The Contractor and Engineer shall meet together on the project site to re-inspect all of the work just prior to the expiration of the warranty period. If any warranty items are discovered then corrective work shall be completed within 60 calendar days.

Project Special Provisions 13 Bid Documents: January 2023 ADD NEW SUBSECTION 2-14 TO READ:
2-14 GPS COORDINATES AND VERTICAL DATUM. GPS coordinates shall be based on one of these two systems:

1. NAD_1983_StatePlane_California_III_FIPS_0403_Feet [NAD83] or in

2. WGS 84
The vertical datum shall be NAVD88.

SECTION 3 - CHANGES IN WORK
3-1 CHANGES REQUESTED BY THE CONTRACTOR.

REPLACE SUBSECTION 3-1.1 WITH THE FOLLOWING:
3-1.1 General. The General Contractor shall submit to the Engineer, in writing, requests for changes in products, materials, equipment, and construction methods required by the contract documents. These requests for changes will be received and considered by the Engineer when the Contractor has demonstrated and/or indicated in writing that:
 the request does not require extensive revision to the contract documents;  that the proposed changes are in keeping with the general intent of the contract documents; and  the request is timely, fully documented and properly submitted.

In addition, the requests for changes will only be considered if they do not impair, in any manner, essential project functions or characteristics, including but not limited to service life, economy of operation, ease of maintenance, desired appearance, or design and safety standards. These requests for changes shall be submitted only during the substitution period stipulated in the contract documents, or within 15 calendar days of the Notice to Proceed date if no substitution period is stipulated. All requests received more than 15 calendar days after the Notice to Proceed date or after the stipulated substitution period will be rejected.

It is not the intent of these Specifications to exclude the use of any meritorious product of equal value, however the burden of proof of equality lies with the Contractor. Proposed substitutions that increase the cost of Work or Contract Time will not be accepted.

Substitution requests shall meet the following requirements:
a) The Contractor shall present each substitution request individually. If the proposed substitute is found to be not acceptable, then the specified item shall be supplied. b) For any substitution request to be considered, it must be submitted in six copies, the first page of each shall be a completed Attachment 3, “MATERIAL OR PRODUCT OR METHOD SUBSTITUTION REQUEST. Attachment 3 (located in the Attachments section at the end of the Special Provisions) must be filled out within its entirety. The Contractor’s failure to do so will result in immediate return of the request to the Contractor without the City’s review. c) If the City deems the proposed substitute to be acceptable, authorization for its inclusion in the Work will be issued as a Change Order with appropriate action. d) The Contractor’s failure to order materials and/or equipment in a timely manner will not constitute justification for substitution.
e) A substitution request constitutes a representation that the Contractor:
(1) has investigated the proposed product/method of rehabilitation and determined that it meets or exceeds the quality level of the specified item;
(2) will provide the same warranty for the substitution as for the specified item; (3) will coordinate installation and make changes to other work which may be required for the work to be completed with no additional cost to the City;
(4) waives claims for additional cost or time extension which may subsequently become apparent; (5) waives claims and assume responsibilities at no cost to the City to resolve any conflict as a result of the substitution; and
(6) will reimburse the City for review or redesign services associated with re-evaluation process. f) Substitutions will not be considered without separate written request when they are indicated or implied on shop drawing or product data submittals. Substitutions will also not be considered when acceptance will require untimely revisions to the Contract Documents. g) No substitutions shall be incorporated in the project without the Engineer’s written approval. The Engineer will render his/her written decision not later than 35 calendar days after receipt of any proposed substitutions.
h) The City may require the Contractor to furnish a written warranty, with adequate safeguards to the Project Special Provisions 14 Bid Documents: January 2023 City, assuring satisfactory performance of a proposed substitute item or system for a stated minimum period of time, usually one year.
i) The Contractor’s failure to submit a proposed substitution for approval in the manner described above, and within ample time before scheduled installation, shall be deemed sufficient cause for the Engineer’s disapproval of any substitution otherwise proposed. j) Substitutions may be considered when a product becomes unavailable through no fault of the Contractor.

Changes in the Plans and Specifications, requested in writing by the Contractor, which do not materially affect the Work and which are not detrimental to the Work or to the interests of the City, may be granted by the Engineer to facilitate the Work, when approved in writing by the Engineer. 3-2 CHANGES INITIATED BY THE AGENCY.

REVISE SUBSECTION 3-2.1 TO READ:
3-2.1 General. The Agency may change the plans, specifications, character of the work, or work quantity, provided the total arithmetic dollar value of all such changes, does not exceed 25 percent of the contract price.

The Agency delegates to the City Administrator or his/her designee the authority to approve such changes.

Should it become necessary to exceed this limitation, the change shall be by written change order between the Contractor and the agency, and shall be approved by the City Council.

A contract change order, approved by the Engineer, may be issued to the Contractor at any time prior to contract completion. Upon receipt of the approved contract change order, the Contractor shall proceed with the ordered work. If ordered in writing by the Engineer, the Contractor shall proceed with the work so ordered prior to actual receipt of an approved contract change order therefore. In such cases, the Engineer will, as soon as practical, issue an approved contract change order for such work. The provisions in 3-5 "Disputed Work" shall be fully applicable to such subsequently issued contract change order.

A contract change order, approved by the Engineer and executed by the Contractor, is an executed contract change order.

ADD NEW SUBSECTION 3-2.2.4 TO READ:
3-2.2.4 Materials Cost Escalation Clause.
3-2.2.4.1 General.

Compensation adjustments for Asphalt Concrete, Portland Cement Concrete or Structural Steel will be subject to the following requirements:

A. The compensation adjustments provided herein will be shown separately on payment estimates. The Contractor shall be liable to the City for decreased compensation adjustments and the City may deduct the amount thereof from moneys due or that may become due the Contractor.

B. Compensation adjustments made under this section will be taken into account in making adjustments in conformance with the provisions in Subsection 3-2.2.1 Contract Unit Prices. 3-2.2.4.2 Asphalt Concrete Products. The compensation payable for asphalt concrete bid items will be increased or decreased in conformance with the provisions of this section for paving asphalt price fluctuations exceeding 10 percent (Iu/Ib is greater than 1.10 or less than 0.90) that occur during performance of the work.

The adjustment in compensation will be determined in conformance with the following formulae when the item of asphalt concrete is included in a monthly estimate:

A. Total monthly adjustment = AQ
B. For an increase in paving asphalt price index exceeding 10 percent:

A = 0.90 (1.1023) (Iu/Ib - 1.10) Ib
C. For a decrease in paving asphalt price index exceeding 10 percent:

A = 0.90 (1.1023) (Iu/Ib - 0.90) Ib
D. Where:

A = Adjustment in dollars per ton of paving asphalt used to produce asphalt concrete rounded to the nearest $0.01.

Iu = The California Statewide Paving Asphalt Price Index which is in effect on the first business day of the month within the pay period in which the quantity subject to adjustment was included in the estimate.

Ib = The California Statewide Paving Asphalt Price Index for the month in which the bid opening for the project occurred.

Project Special Provisions 15 Bid Documents: January 2023 Q = Quantity in ton of paving asphalt that was used in producing the quantity of asphalt concrete shown under "This Estimate" on the monthly estimate using the amount of asphalt determined by the Engineer.

The California Statewide Paving Asphalt Price Index is determined monthly on the first business day of the month by CALTRANS using the median of posted prices in effect as posted by Chevron, Mobil, and Unocal for the Buena Vista, Huntington Beach, Kern River, Long Beach, Midway Sunset, and Wilmington fields.

In the event that the companies discontinue posting their prices for a field, CALTRANS determines an index from the remaining posted prices. CALTRANS reserves the right to include in the index determination the posted prices of additional fields. The City reserves the right to use the California Statewide Paving Asphalt Price Index as determined by CALTRANS.

In the event of an overrun of contract time due to delays for which the City is responsible, the adjustment in compensation for paving asphalt included in estimates during the overrun period will be determined using the California Statewide Paving Asphalt Price Index in effect on the first business day of the month within the pay period in which the overrun began. The City will not provide additional compensation for overrun of contract time caused by the Contractor.
3-2.2.4.3 Portland Cement and Structural Steel Products The compensation payable for Portland cement concrete and/or structural steel bid items will be increased or decreased in conformance with the provisions of this section to provide additional compensation to the Contractor (or a credit to the City) for unforeseeable fluctuations in structural steel and Portland cement concrete material prices. These price adjustments are dependent upon either:
 An increase or decrease in the price of steel or cement used in the production of products utilized on this project; or
 An increase or decrease in the ratio of the Bureau of Labor Statistics – Producer Price Index (PPI) for these materials as listed below.

Payment or credit for steel and cement price adjustments shall be evaluated under the following conditions:

A. This subsection shall only apply to material cost changes that occur between the date of the bid opening and the date of the certified invoice. The Contractor is required to order reinforcing steel and cement materials within 30 days of the Notice to Proceed. The Contractor is required to order customfabricated steel products within 30 days of Shop Drawing approval. The Contractor shall take possession of materials as quickly as is reasonably possible.

B. The price adjustment clause applies only to structural steel, reinforcing steel, and cement materials.

To be considered for this subsection, the material must have a total dollar value of $25,000 or more.

C. Within five days of the Notice of Award, the Contractor shall submit the supplier’s or the fabricator’s material price quotes for the steel and/or cement items. The Contractor must certify that these price quotes are the actual quoted prices utilized in the bid computations. The quote must describe and break down the total weights of the steel, and cement and the applicable unit cost used to prepare the unit bid cost.

D. For the price adjustment to apply in this contract, the increase or decrease in the material unit cost must exceed 10% of the original quoted prices (from Condition C above) or the PPI unit cost change as described below.

E. If there is an increase or decrease in steel or cement material prices in excess of 5%  between the original documented and quoted unit cost and the unit cost listed on the certified invoice
 or the PPI unit price at the date of bid and the PPI unit price at the date of certified invoice the following adjustment shall apply. The Contractor shall be due a change order equal to the value of the lesser of
 the documented unit cost change between the bid unit cost and the certified unit cost, and  the unit cost change between the PPI unit price for the material at the date of bid and the PPI unit price at the date of certified invoice.

F. The Producer Price Index (PPI) is defined at the US Department of Labor – Bureau of Labor Statistics index entitled “Producers Price Index” (PPI).
 The price adjustment for steel shall be a function of the percentage of change of the price index for Price Index Commodity Item “101211 Carbon steel scrap.”  The price adjustment for cement shall be a function of the percentage of change of the price index for “13220161 Portland and other cements.”
These price indices are available on the internet Producer Price Index website at http://data.bls.gov/PDQ/outside.jsp?survey=wp. If the change in the PPI controls the price adjustment, the City shall review the PPI data four months after initial publication to make the required adjustment since the PPI is subject to change for four months after publication.

Project Special Provisions 16 Bid Documents: January 2023 G. In the event of an overrun of contract time due to delays for which the City is responsible, adjustment in compensation for Portland cement concrete or structural steel included in estimates during the overrun period will be determined using the applicable Producer Price Index in effect on the first business day of the month within the pay period in which the overrun began.

H. The City reserves the right to seek verification of any claimed increase in cost of said material directly from the supplier and/or fabricator. If necessary, the Contractor shall assist the City in obtaining this information.
3-2.4 Agreed Prices.

ADD THE FOLLOWING TO THE END OF SUBSECTION 3-2.4:

Proposals for extra work submitted by the Contractor for increases or decreases to the contract price shall include a detailed cost estimate in the format and for the items described in Section 3-3. 3-3 EXTRA WORK.
3-3.2 Payment.
3-3.2.2 Basis for Establishing Costs.

REPLACE THE FIRST PARAGRAPH WITH THE FOLLOWING:
3-3.2.2.1 Labor. The Contractor will be paid the cost of labor for workers used in the actual and direct performance of the work. The labor cost will be the sum of the following:
1) Actual Wages. The actual wages paid shall include, but not limited to, base wages plus any employer payments to or on behalf of the workers for health and safety, pension, welfare, vacation, holiday, sick leave, union training and similar purposes. 2) Labor Surcharge. To the actual wages paid as defined in 1) above, will be added a labor surcharge set forth in the CALTRAN's publication entitled “Labor Surcharge and Equipment Rental Rates”, which is in effect on the date upon which the work is performed. This document is available on the web at http://www.dot.ca.gov/hq/construc/eqrr/Book_2015.pdf. The labor surcharge shall constitute full compensation for payments imposed by State and Federal laws for Workers' Compensation, Social Security, Medicare, Federal Unemployment, State Unemployment, and State Training taxes.

CHANGE THE LAST PARAGRAPH OF SUBSECTION 3-3.2.2.1 TO READ:

Indirect labor costs including, but not limited to, superintendence, office personnel, timekeepers, and maintenance mechanics shall be considered part of the markup of 3-3.2.3.1. All labor classifications used in the performance of extra work shall be subject to the Engineer’s approval. 3-3.2.2.3 Tool and Equipment Rental.

REPLACE THE SECOND PARAGRAPH OF SUBSECTION 3-3.2.2.3 WITH THE FOLLOWING THREE PARAGRAPHS:

The Contractor will be paid for the use of contractor-owned equipment at the current rental rates in effect on the work date as listed for such equipment in the State of California, Department of Transportation publication entitled, "Equipment Rental Rate and General Prevailing Wage Rates." The Engineer will establish a suitable rental rate if equipment other than that listed in the above publication is used for the work performance.

Equipment rented and not owned by the Contractor will be paid for at the actual rental rates from rental invoices provided by the Contractor. The rental time to be paid for equipment on extra work shall be the time the equipment is in operation on the extra work being performed and twice the time required to move the equipment to the location of the extra work. However, moving time will not be paid for if the equipment is used at the site of the extra work on other than such extra work. The rental time paid per day will be in accordance with the following:

Hours Equipment is in Operation Hours to be Paid
0-2 2
2-4 4
4-6 6
6-8 8
Equipment at the work site idled due to unforeseen events not caused by the Contractor may be compensated for, as approved, by the Engineer. Compensation will be computed using the delay factor, overtime factor and rental rates listed for equipment in the most recently published State of California Department of Transportation publication entitled "Equipment Rental Rate and General Prevailing Wages." CHANGE SUBSECTION 3-3.2.3 TO READ:

Project Special Provisions 17 Bid Documents: January 2023 3-3.2.3 Markup.
3-3.2.3.1 Work by the Contractor. The following percentages shall be added to the Contractor's direct costs and shall constitute the full markup for all overhead and profits. Direct labor cost is defined as actual wages plus labor surcharge.

Direct Labor Cost 33%
Materials 15%
Equipment Rental 15%
Other Items and Expenditures 15%
This markup shall fully compensate the Contractor for all personnel not included in Section 3-3.2.2(a) hereinabove, indirect labor costs, bond and insurance premium, temporary construction facilities, field engineering, schedule updating, As-Built drawings, home office cost, estimating cost, and any other indirect cost incidental to the performance of the change in Work. 3-3.2.3.2 Work by a Subcontractor. When all or any part of the extra work is actually performed by a first tier Subcontractor, the markup established in 3-3.2.3.1 shall be applied to the first tier Subcontractor’s actual cost of such work calculated under Section 3-3.2.2.1 hereinabove. The Contractor may add a markup of fifteen percent (15%) on the first $5,000 of the total subcontracted portion of the extra work and a markup of seven and one-half percent (7-1/2%) on work added in excess of $5,000 of the subcontracted portion of the extra work.

When the extra work is actually performed by a second or lower tier subcontractor, the total markup of the Contractor and the upper tier subcontractors shall not exceed eighteen percent (18%) on the first $5,000 of the total subcontracted portion of the extra work, and ten percent (10%) on work added in excess of $5,000 of the subcontracted portion of the extra work.

Markups on work performed by Subcontractors shall be considered full payment for estimating, handling, office processing and field superintendence of extra work. 3-5 DISPUTED WORK.

ADD THE FOLLOWING TWO PARAGRAPHSTO THE END OF SUBSECTION 3-5.

Should the Contractor disagree with any terms or conditions set forth in an approved contract change order that it has not executed, it shall submit a written protest to the Engineer within two weeks after the receipt of such approved contract change order, and proceed with the work. If a written protest is not submitted, payment will be made as set forth in the approved contract change order and such payment shall constitute full compensation for all work included therein or required thereby. Such unprotested approved contract change orders will be considered as executed contractor change orders.

The procedures in Section 3-5 through Section 3-8 are established for disputes and claims related to the construction aspect of the work. For other disputes and claims, such as compliance with the City’s Small Local Business Enterprise Program, the Local Employment Program, prevailing wages, stop notices, etc., these procedures are not applicable.

ADD NEW SUBSECTION 3-6:
3-6 PROCEDURE FOR PROTEST BY THE CONTRACTOR. If in disagreement with some aspect of the Work, the Contractor shall:

1. File a written Notice of Potential Claim with the Resident Engineer within five calendar days after the event creating the disagreement.

2. Supplement the written protest, within ten calendar days of its filing, with a written statement that:
a. Cites contract provisions that support the protest,
b. Estimates the dollar cost, if any, of the protested work, and c. Estimates the amount of added time incurred, if any, and

3. Provide the Resident Engineer with a written statement of actual adjustment requested with supporting documentation as soon as possible.

Throughout any protested work, the Contractor shall keep records of costs and time incurred. The Contractor shall furnish copies and permit the Resident Engineer access to these and any other records needed in order to evaluate the protest.

The Resident Engineer will evaluate all protests and potential claims and provide a written answer to the Contractor within ten (10) calendar days of receipt of the supporting information described in (2) and (3) above.

If a protest is valid, the Engineer will adjust contract time or payment by an equitable amount. No adjustment will be made for an invalid protest.

If the Contractor does not agree with the ruling of the project Resident Engineer, the Contractor may pursue the protest further by filing a formal claim as outlined in Section 3-7.

Project Special Provisions 18 Bid Documents: January 2023 By failing to follow the procedures of this subsection, the Contractor waives any claims for protested, claimed or disputed work.

ADD NEW SUBSECTION 3-7:
3-7 CLAIMS PROCEDURES. For claims of $375,000 or less, the Contractor shall use the accelerated claims procedures outlined in Subsections 3-7 and 3-8 of these Special Provisions.

If the Contractor claims that additional payment or time is due and the Contractor has pursued and exhausted all the means provided in Sections 3-6 and 6-6 to resolve a dispute (protest or potential claim), the Contractor may file a claim as provided in this subsection.

A Claims Resolution Hearing will be held within thirty (30) calendar days of a properly filed claim. The claim shall be addressed to the Supervising Civil Engineer or Construction Supervisor who will act as Hearing Officer. The Hearing Officer will render a written decision within ten calendar days of the close of the Claims Resolution Hearing.

If the written notifications provided in Sections 3-6 and 6-6 were not provided or if the Engineer is not afforded reasonable access to the Contractor’s records of actual cost and additional time incurred, or if a claim is not filed as provided in this subsection, then the Contractor agrees to waive any claim for additional payment or time. The fact that the Contractor has provided proper notification, provided a properly filed claim, or provided the Resident Engineer access to records of actual cost, shall not be construed as proving or substantiating the claim’s validity.

If the Hearing Officer determines that the claim has merit, the Resident Engineer will make an equitable adjustment either in the amount of costs to be paid or in the time required for the work, or both. If the Hearing Officer determines that the claim does not have merit, no adjustment will be made.

All claims filed by the Contractor shall be in writing and in sufficient detail to enable the Hearing Officer to ascertain the basis and amount of the claim. The City may request, in writing, any copies of any additional documentation supporting the claim or relating to defense to the claim the City may have against the contractor.

At a minimum, the following information must accompany each claim submitted.

1. A statement indicating that the Contractor is filing the claim under Section 3-7 of the Special Provisions.

2. A detailed, factual statement of the claim for additional compensation and/or time, providing all necessary dates, locations, and items of work affected by the claim.

3. The name of each individual, official, or employee involved in or knowledgeable about the claim.

4. The specific provisions of the Contract that support the claim and a statement of the reasons such provisions support the claim.

5. Any documents and the written communications that support the claim, including but not limited to, daily reports, cancelled checks, original bid estimates and worksheets, payroll records, contracts with subcontractors, correspondences between contractor and subcontractors, etc.

6. If a time extension is sought:
a. The specific days and dates for which it is sought;
b. The specific reasons the Contractor believes a time extension should be granted; c. An As-Built critical path schedule that identifies all events causing delays to the project’s critical path.

7. If additional compensation is sought, the exact amount sought and a breakdown of that amount into the following categories (refer to Section 3-3):
a. Direct labor,
b. Direct materials.
c. Direct equipment. The rates claimed for each piece of equipment shall not exceed actual costs. In the absence of actual equipment costs, the equipment rates, when in use, shall not exceed the rates established by the current CALTRANS Equipment Rental Rate Manual. For each piece of equipment for which the claim is made the equipment cost shall be broken down to identify the following:
(1) Detailed description (e.g., Motor Grader Diesel Powered Caterpillar 12"G", etc.) (2) The hours of use or standby
(3) The specific day and dates of use or standby.
d. Job site overhead.
e. Unabsorbed Home Office Overhead (general and administrative). f. Subcontractor's claims (same level of detail as specified herein for contractor's claims).

8. The Contractor’s claim certificate (Attachment 4 at the end of these Special Provisions) shall be submitted to the Agency. Failure to submit the notarized certificate will be sufficient cause for denying the claim.

Project Special Provisions 19 Bid Documents: January 2023 ADD NEW SUBSECTION 3-8:
3-8 CLAIM APPEALS. If the claim is denied, the Contractor may appeal to the Division Manager. The Contractor shall make such appeal in writing within ten calendar days of receiving the Hearing Officer's written notice denying the claim. The Division Manager will hold a hearing within fifteen calendar days of the appeal filing to determine the merits of the claim. The Division Manager shall render a written decision within ten calendar days of the close of the Appeals Hearing. If the Division Manager concurs with the Claims Hearing Officer, no adjustment will be made.

SECTION 4 - CONTROL OF MATERIALS
4-1 MATERIALS AND WORKMANSHIP.
4-1.1 General.

REPLACE THE SECOND SENTENCE OF THE SECOND PARAGRAPH WITH THE FOLLOWING:

Materials and workmanship not conforming to the requirements of the bid construction documents shall be considered defective and will be subject to rejection.

ADD NEW SUBSECTION 4-1.1.1 TO READ:
4-1.1.1 Material Furnished by the Agency. Certain material to be installed by the Contractor may be furnished by the Agency at no cost to the Contractor. Any material to be furnished by the Agency will be listed in the plans and/or specifications. All other material to complete the contract shall be furnished by the Contractor. The Contractor shall be responsible for all materials furnished until the work the City accepts the Contract work. The Contractor shall replace any City-furnished materials lost or damaged from any cause whatsoever at the Contractor’s expense. The Contractor shall be liable to the City for the cost of replacing City-furnished material, and such cost may be deducted from any monies due or to become due the Contractor.

The City will furnish manhole frames and covers; lamphole frames and covers; and cleanout frames and covers (except for house connection or two-way cleanouts).

The Contractor shall make arrangements with the Engineer at least seven calendar days in advance of picking up Agency-furnished material.

Payment for all labor, equipment, tools, and incidentals, for picking up, transporting, and installing Agencyfurnished material shall be included in the price bid for related items of work.

ADD NEW SUBSECTION 4-1.1.2 TO READ:
4-1.1.2 Required Recycled-Content Material Report. It is the City’s policy that contractors and suppliers use recycled-content materials to the greatest extent feasible (unless specified otherwise). At the end of all projects $50,000 and greater, the Contractor shall submit a Recycled Materials Report. In this report the Contractor shall detail those products made with recycled materials that were used on the project by type of material, quantity, and cost.

ADD NEW SUBSECTION 4-1.1.3 TO READ:
4-1.1.3 Required Construction and Demolition Waste Reduction and Recycling. This contract is subject to Oakland’s Construction and Demolition Debris Waste Reduction and Recycling Ordinance (C&D Ordinance), OMC 15.34. The ordinance requires salvage or recycling of 100% of asphalt and concrete products and 65% of all other construction and or demolition debris, and submittal of plans and reports that document compliance with this requirement. Additional details are available at http://www2.oaklandnet.com/Government/o/PWA/o/FE/s/GAR/OAK024770.

For projects of $50,000 or greater, the Contractor must submit a Waste Reduction and Recycling Plan (WRRP) prior to the start of construction or issuance of applicable building permits. This plan shall state how construction and demolition debris generated by type and quantity from the project will be diverted from landfills to meet the standards noted above. The Contractor may submit the WRRP online at www.greenhalosystems.com, using an access code provided by the City, or on paper, subject to additional processing fees. The WRRP is available for download at
http://www2.oaklandnet.com/oakca1/groups/pwa/documents/agenda/oak026388.pdf.

At the end of all construction, for projects of $50,000 or greater, the Contractor shall submit a completed Construction & Demolition Summary Report (CDSR) in the same format selected for the WRRP, online or paper. The CDSR form is available online at
Project Special Provisions 20 Bid Documents: January 2023 http://www2.oaklandnet.com/oakca1/groups/pwa/documents/agenda/oak026389.pdf. The Contractor shall document in the CDSR all salvage, recycling and disposal activities associated with the project. Contractors who choose not to use www.greenhalosystems.com for submittals, will be subject to fees listed in the City’s Master Fee Schedule.
4-1.3 Inspection Requirements.

ADD NEW SUBSECTION 4-1.3.4 TO READ:
4-1.3.4 Reinspection and Retesting. In the event work or materials are rejected and reinspection and/or retesting is necessary, or in the event portions of the work scheduled by the Contractor for inspection or testing are not ready at the time designated by the Contractor, then the Contractor shall be subject to the costs incurred by the Agency for such reinspection, retesting, or delays.

Said costs shall include, but not limited to, direct labor costs (including fringe benefits, labor overhead charges as established by current agency finance procedures), equipment, and related overhead costs.

It shall be the Contractor's responsibility to notify the Engineer when work is ready for inspection and/or testing.

REPLACE SUBSECTION 4-1.5 TO READ.
4-1.5 Certificate of Compliance. A Certificate of Compliance shall be furnished prior to the use of any materials for which these specifications or the special provisions require that a certificate be furnished. In addition, when so authorized in these specifications or in the special provisions, the Engineer may permit the use of certain materials or assemblies prior to sampling and testing if accompanied by a Certificate of Compliance. The certificate shall be signed by the manufacturer of the material or the manufacturer of assembled materials and shall state that the materials involved comply in all respects with the requirements of the specifications. A Certificate of Compliance shall be furnished with each lot of material delivered to the work and the lot so certified shall be clearly identified in the certificate.

Materials test data may be required by the Engineer to be included with the submittal of the Certificate of Compliance.

Materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. The fact that material is used on the basis of a Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating material in the work which conforms to the requirements of the plans and specifications, and any material not conforming to the requirements will be subject to rejection whether in place or not.

The City reserves the right to refuse to permit the use of material on the basis of a Certificate of Compliance.

The form of the Certificate of Compliance and its disposition shall be as directed by the Engineer. 4-1.6 Trade Names or Equals.

ADD THE FOLLOWING TO THE END OF SUBSECTION 4-1.6:

If the Contractor is authorized to substitute an equivalent item or material, it shall be with the understanding that there will be no increase in contract price due to the substitution. If a substitution is approved by the Engineer and is subsequently found not to be equal to the specified item or material, the Contractor shall remove and dispose of the substitute at the Contractor's expense. The Contractor shall then furnish and install the specified item or material at no additional cost to the owner.

SECTION 5 - UTILITIES
5-1 LOCATION.

REPLACE THE THIRD PARAGRAPH OF SUBSECTION 5-1 WITH THE FOLLOWING PARAGRAPHS:

As provided in Section 4216 of the California Government Code, at least two working days prior to commencing any excavation, if the excavation will be conducted in an area that is known, or reasonably should be known, to contain subsurface installations, the Contractor shall contact Underground Service Alert (USA) of Northern California and obtain an inquiry identification number. Notification numbers must be updated two working days before the twenty-eight day period expires, or as required by State law.

White Markings in Paved Areas: The Contractor shall avoid excessive or oversized marking, especially if marking outside the excavation area. Limit length, height, and interval of marks per USA guidelines. Letters and numbers shall not exceed 3” to 6” in height. On concrete surfaces the Contractor shall use spray chalk paints, water-based paints or equivalent less permanent type marking.

White Markings in Non-Paved Areas: When paint is not used, use appropriate colored stakes, lath, Project Special Provisions 21 Bid Documents: January 2023 pennants or chalk lines. Select marker types that are most compatible to the purpose and marking surface.

Adhere to paved area marking suggestions to the extent practical.

Each utility that is not a member of the Regional Notification Center (RNC) must be notified individually.

The City of Oakland Electrical Division (street lights, traffic signals, call boxes) is not a member of a RNC. The City of Oakland is not required to mark gravity-fed lines such as storm and sanitary sewers.

CHANGE THE FIFTH PARAGRAPH OF SUBSECTION 5-1 TO READ:

The Contractor shall be responsible for locating all the service laterals including, but not limited to, private building sewer, storm drainage, water, electrical, telephone and cable, prior to excavation in areas where service laterals could reasonably be expected to exist. Any service laterals damaged by the Contractor shall be promptly repaired with the approval of the Engineer, at no cost to the City. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work.
5-2 PROTECTION.

REPLACE THE FIRST SENTENCE OF THE SECOND PARAGRAPH WITH THE FOLLOWING:

Where protection is required to ensure support of utilities located substantially (i.e. within 3 feet) as shown on the Plans or in accordance with 5-1, the Contractor shall, unless otherwise provided, furnish and place the necessary protection at the Contractor's expense.

ADD THE FOLLOWING TO THE END OF SUBSECTION 5-2:

The Contractor shall provide temporary and permanent supports under all existing concrete, asbestos concrete, clay, telephone, and power conduits. Cost for such supports shall be absorbed in the Contractor's bid item for the pipeline construction.

The Contractor shall not tunnel under conduits unless approved by the Engineer. All voids within the tunnel limits shall be filled with one-sack cement/sand slurry. 5-5 DELAYS.

ADD THE FOLLOWING TO THE END OF SUBSECTION 5-5.

No payment will be made for the first two hours of each occurrence of delay related to identification and removal of an abandoned or unmarked utility.
5-6 COOPERATION.

ADD NEW SUBSECTION 5-6.1 TO READ:
5-6.1 Utility Work. The Contractor shall be advised that the relocation of overhead and underground utilities may be underway by other forces within or adjacent to the limits of Work. The Contractor shall cooperate and coordinate with all such other forces to avoid delays or hindrances to their work.

ADD NEW SUBSECTION 5-7 TO READ:
5-7 UTILITY EXCAVATION BACKFILL. The Contractor will not be entitled to damages, additional payment, or a time extension for impacts or delays attributable to utility excavation backfill material type or density if such utility is substantially located (i.e. within 3 feet) according to Subsection 5-1.

SECTION 6 - PROSECUTION, PROGRESS AND ACCEPTANCE OF THE WORK 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.
6-1.1 Construction Schedule.

ADD THE FOLLOWING SENTENCE TO THE END OF THE FIRST PARAGRAPH:

A schedule utilizing the critical path method is required on all projects with a bid price of $250,000 or greater.

ADD THE FOLLOWING AFTER THE FIRST PARAGRAPH:

On a monthly basis, along with the monthly payment request, the Contractor shall revise the schedule, indicating actual progress, and resubmit to the City for review and concurrence. If in the opinion of the City, the Contractor falls behind the accepted schedule, the Contractor shall take the necessary steps to improve progress and adhere to the original schedule.
6-1.2 Commencement of the Work
ADD THE FOLLOWING AT THE END OF SUBSECTION 6-1.2:

Project Special Provisions 22 Bid Documents: January 2023 The contract time specified is the City's best estimate of the required time to complete the Work. If the Contractor elects to submit an early completion schedule for the Project, the Contractor does so at its own risk. Such a submission does not change the contract time specified in the contract documents and the contractor must show the remaining time as “float time” on the schedule. Moreover, the City shall not be responsible for, nor be held liable for, any damages allegedly caused by the Contractor’s failure to complete the Project within the proposed early completion schedule.

The Contractor’s failure to comply with the requirements of Subsection 6-1 shall be grounds for the City to determine that the Contractor is not prosecuting the Work with sufficient diligence to ensure completion within the time specified in the contract. Upon making this determination, the City may withhold approval of progress payments until the Contractor complies with the requirements of Subsection 6-1.

ORDER OF WORK: The project order of work shall be as follows:
 All concrete work and related items shall be completed on a particular street before AC pavement demolition or other AC work may commence.

ADD NEW SUBSECTION 6-1.3 TO READ:
6-1.3 Mandatory Pre-Construction Meeting.

A pre-construction meeting will be scheduled for within ten days of the contract award for all projects with a contract bid price of greater than $50,000. At this meeting the Contractor will meet representatives of the City's Contract Compliance, Construction and Design divisions.

The project Resident Engineer will chair the meeting. This meeting's purpose is to establish procedures for field coordination, resolve anticipated construction problems, and discuss the process for submittals, request for information, disputes, and progress payments. The Resident Engineer will also discuss the construction schedule, traffic control plans, housekeeping, storm water protection, recycling, utility coordination, notification to property owners, project sign location, office trailer location, working hours, noise control, dust control, general public relations, and other related issues.

The Contract Compliance Officer will discuss enforcement of the City's various employment and prevailing wage requirements specified by the Contract.
6-3 SUSPENSION OF THE WORK.

CHANGE SUBSECTION 6-3.1 TO READ:
6-3.1 General. The Engineer shall have the authority to suspend the work wholly or in part for such period as deemed necessary, due to unsuitable weather, or to such other conditions as are considered unfavorable for the suitable prosecution of the work, or for such time as it may deem necessary due to the Contractor’s failure to carry out orders given or to perform any work provisions. The Contractor shall immediately obey the Engineer’s suspension orders and shall not resume work until so ordered in writing by the Engineer.

If the Engineer orders a work suspension due to the Contractor’s failure to carry out provided orders or to perform any contract provision, the days on which the suspension order is in effect shall be considered contract working days if such days are working days within the meaning of the definition set forth in these specifications.

If work is suspended through no fault of the Agency, all expenses and losses incurred by the Contractor during such suspension shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the work during suspension periods, the Agency may elect to do so, and deduct the cost thereof from monies due the Contractor. Such action will not relieve the Contractor from liability.

The Contractor’s responsibilities as defined in Section 7 of the Standard Specifications and Special Provisions shall continue in full force and effect during such suspension period.

ADD NEW SUBSECTION 6-3.3 TO READ:
6-3.3 Hazardous Material and Waste Encountered during Operations. If the Contractor encounters a substance during operations that the Contractor has reason to believe may be a hazardous material as defined by Section 25501 of the California Health and Safety Code or a hazardous waste as defined by Section 25117 of the California Health and Safety Code, and if such substance was not previously accounted for in the Scope of Work, the Contractor shall immediately so notify the Engineer in writing. Work in the immediate area of the suspected hazardous material or waste shall be suspended until the Engineer authorizes the work to resume.

If such suspension delays the current controlling operation, the Contractor shall be granted a time extension as provided in Section 6-6.

Project Special Provisions 23 Bid Documents: January 2023 If such work suspension delays the current controlling operation by more than two working days, the delay shall be considered a right of way delay and the Contractor shall be compensated for such delay as provided in Section 8-1.09 of the most recent Caltrans Standard Specifications.

The City reserves the right to use other forces for exploratory work to identify and determine the extent of such hazardous material or waste in the construction area. 6-6 DELAYS AND EXTENSIONS OF TIME.
6-6.1 General.

DELETE THE WORD “labor disputes” and “labor or equipment” FROM THE SECOND SENTENCE OF THE FIRST PARAGRAPH OF SUBSECTION 6-6.1.

REPLACE THE SECOND PARAGRAPH OF SUBSECTION 6-6.1 TO READ:

An extension of time will not be granted for a delay caused by the Contractor’s inability to obtain materials and equipment, unless the Contractor furnishes to the Engineer documented proof that the Contractor has made every effort to obtain such materials and equipment from every known source within reasonable reach of the Work. The Contractor shall also submit proof that the inability to obtain such materials when originally planned did, in fact, cause delay in final completion of the Work that could not be compensated for by revising the sequence of operations. Only the physical shortage of material and equipment will be considered under these provisions as a cause for extension of time.

CHANGE THE THIRD PARAGRAPH OF SUBSECTION 6-6.1 TO READ:

In the event of work delays beyond the control of the Contractor, the Contractor shall so notify the Engineer in writing. Such notice shall give the reason for the delay, and provide such documentary evidence as may be necessary to substantiate the reasons for the delay plus an estimate of the additional time required to complete the contract. Such a delay notice shall be filed with the Engineer within five working days after the beginning of said delay. The Contractor’s failure to file a timely notice shall act as a bar against an acceleration claim. The Agency's decision will be issued within five working days. The Contractor shall not accelerate the work unless authorized in writing by the Engineer.
6-6.3 Payment for Delays to Contractor.

CHANGE THE FIRST SENTENCE OF SUBSECTION 6-6.3 TO READ:

The Contractor may be compensated for damages incurred due to delays for which the Agency is responsible, except for delays caused by the issuance of extra work as stated in 3-2.1 of these Special Provisions. 6-7.2 Working Day.

DELETE THE WORD "field" FROM THE FIRST SENTENCE OF SUBSECTION 6-7.2.

CHANGE 6-7.2 ITEM 3 TO READ:

The following designated holidays:

January 1st (New Years Day - Observed) September 9th (Admissions Day) 3rd Monday in January (ML King Jr. Day) November 12th (Veterans Day) February 12th (Lincoln’s birthday) 4th Thursday in November (Thanksgiving) 3 rd Monday in February (President’s Day) The Friday after Thanksgiving Last Monday in May (Memorial Day) December 25th (Christmas Day) July 4th (Independence Day)
1 st Monday in September (Labor Day)
6-7.2 Working Day.

ADD THE FOLLOWING PARAGRAPH TO THE END OF SUBSECTION 6-7.2:

The Contractor’s working hours shall be from 7:00 AM TO 5:00 PM, Monday through Friday. The Table “Operation Hours” (see Attachment 6 “Operation Hours” at the end of these Special Provisions) details the permissible work hours on public streets. The Contractor may be allowed to work after 5:00 PM on weekdays and work on Saturday and Sundays only with the Engineer’s written permission. The Engineer may shorten the hours of this subsection to prevent traffic congestion or to prevent unreasonable disturbance in residential areas.

ADD NEW SUBSECTION TO READ:
6-7.4 Contract Working Days. The work that the Contractor is required to perform under this contract commences at the time stipulated by the Engineer in the “Notice to Proceed” to the Contractor shall be Project Special Provisions 24 Bid Documents: January 2023 completed within the number of working or calendar days from the date of the Notice to Proceed specified in the Notice to Bidders. Each month the Engineer will furnish the Contractor a statement of working days remaining on the contract as part of the monthly progress estimate. 6-8 COMPLETION, ACCEPTANCE, AND WARRANTY.

6.8.1 Completion

6.8.2 Acceptance
REPLACE 6-8.2 WITH THE FOLLOWING:

If the Engineer determines that the project work has been completed in accordance with the plans and specifications, he or she will so certify and accept the completed work. The Engineer will, in his/her acceptance, give the date when the work was completed. This Notice of Completion date is when the Contractor is relieved from responsibility to protect the work, and is also the date to which liquidated damages will be computed.

The Contractor shall maintain a set of As-Built plans of all contract work daily. All changes to the original contract documents shall be legibly incorporated in red ink with reference to the date and name of appropriate written document(s), such as Change Order, RFI, email, field order, record of conversation, and etc. Each page of final drawings shall be identified as As-Built Plans. The Contractor shall supply two copies of the AsBuilt plans plus a copy of the signed, completed As-Built Plans Submittal Form (Attachment 5 at the end of the Special Provisions) to the Engineer for approval.

When required, the Contractor’s Guarantee Form (Attachment 1 at the end of these Special Provisions) shall be used for this purpose.

6.8.3 Warranty
REPLACE 6.8.3 WITH THE FOLLOWING:

All work involving underground construction (such as pipe laying, electrical or liquid-carrying conduit installation, sewer repair, replacement or installation, trenching, backfilling, and paving, etc.), shall be warranted by the Contractor against defective workmanship and materials for a period of 2 years from the date the Work was completed. All other work shall be warranted by the Contractor against defective workmanship and materials for a period of 1 year from the date the Work was completed, unless specified otherwise in the plans or contract documents.
6-9 LIQUIDATED DAMAGES.

REPLACE THE FIRST PARAGRAPH OF SUBSECTION 6-9 WITH THE FOLLOWING:

The Contractor’s failure to complete the Work within the time allowed will result in damages being sustained by the Agency. Such damages are, and will continue to be, impracticable and difficult to determine. Liquidated damages shall be assessed in a tiered fashion, as follows:
a. For each consecutive calendar day in excess of the time specified for the completion of Work, as adjusted in accordance with 6-6, until the date of Substantial Completion, the Contractor shall pay to the Agency or the Agency may deduct from monies due the Contractor, the daily liquidated damages amount specified in the Notice to Bidders, unless otherwise provided in the contract documents. b. For each consecutive calendar day from the day immediately after the date of Substantial Completion until the date of the Notice of Completion, the Contractor shall pay to the Agency or the Agency may deduct from monies due the Contractor, the the daily liquidated damages amount specified in the Notice to Bidders, unless otherwise provided in the contract documents.

Contract execution shall constitute agreement by the Agency and Contractor that the above sums are the minimum value of the costs and actual damage caused by the Contractor’s failure to complete the Work within the allotted time. Such sums are liquidated damages and shall not be construed as a penalty, and may be deducted from payments due the Contractor if such delay occurs.

SECTION 7 - RESPONSIBILITIES OF THE CONTRACTOR
7-1 CONTRACTOR’S EQUIPMENT AND FACILITIES.

ADD THE FOLLOWING TO THE END OF SUBSECTION 7-1.1:
7-1.1 General.

The Contractor shall render all machinery and equipment inoperable at all times except during actual construction. The Contractor shall be responsible for construction means, controls, techniques, sequences, procedures and construction safety.

Project Special Provisions 25 Bid Documents: January 2023 ADD THE FOLLOWING SUBSECTION 7-1.4:
7-1.4 Powered Industrial Trucks, Forklifts, Heavy Equipment and Other Vehicles.

Contractor employees who drive or operate any such equipment or vehicles on City property or project sites, must first provide proof of a current driver’s license and the Contractor must verify training in accordance with any applicable Cal/OSHA standards, Department of Transportation, and Department of Motor Vehicles codes and standards. The Contractor shall be responsible for providing and keeping current all required licenses, certifications and insurance for such equipment and vehicles. The Contractor further agrees to ensure that all such equipment and vehicles are equipped with required lights, brakes, operating controls, backup alarms and other safety equipment and that all such devices are properly inspected, serviced, maintained in good working order and free of damage and defects. The Contractor agrees to immediately remove from service any equipment or vehicle with identified damage or defects that affect the safe operation of the equipment or vehicle.

ADD THE FOLLOWING THREE PARAGRAPHS TO THE END OF SUBSECTION 7-2.2:

The City Council of the City of Oakland has ascertained the general prevailing rate of wages for City public works projects by Resolution Number 57103. C.M.S.

For public works projects over $1,000.00, the State’s Labor Code requires Contractors to pay their employees in accordance with the general prevailing wages.

The Contractor is required to submit weekly payroll records showing payment of these wages to his/her employees.

The Prime Contractor and all Subcontractors will have to comply with Sections 1770-1781 of the State of California Labor Code.

ADD NEW SUBSECTION 7-2.2.1 TO READ:
7-2.2.1 Electronic Payroll Submission. The Contractor shall register for and use the City’s selected electronic certified payroll tracking system– LCPtracker, a Labor Compliance software program. This software is a web-based system provided by an independent company. Their website address www.lcptracker.net may be accessed for general information and an introductory product tour.

The Contractor and all subcontractors must submit all certified payrolls via the LCPtracker system. The Contractor and each subcontractor will be given a special Log-On identification number and a password to access the City’s reporting system. The Contractor shall contract with LCPtracker for the entire duration of project construction.

Effective July 1, 2020, the monthly charge to Contractors is $196.00 for all contracts valued at or below five million dollars. Contractors will be charged $356.00 monthly for contracts above that amount. This monthly charge will be assessed until the City files a project notice of completion. The Contractor’s first payment is due within 30 days of the Notice to Proceed date. Subsequent payments are due every thirty days or the 20th of the month, whichever comes first. Remittances should be made payable to the City of Oakland (reference project number and the month for which the payment is being made) and sent to the City of Oakland, City Administrator’s Office, Contracts and Compliance Unit, Social Equity Division 250 Frank H. Ogawa Plaza, Suite 3341, Oakland, Ca 94612. Subcontractors will not be charged for this service.

The advantages to this required service are:
 elimination of inaccurate certified payroll submittals;  elimination of the need to submit hard copies of certified payrolls,  identification of prevailing wage irregularities;
 at-a-glance assessment of compliance with the Local Employment Program (LEP) and the 15% Apprenticeship Program; and
 the elimination of potential delays in progress payments resulting from rejected certified payroll(s).

To assist contractors and subcontractors in this process, on-line training is available via the LCPtracker website. Also, a City computer with online capability to access LCPtracker is available, as needed, Monday Project Special Provisions 26 Bid Documents: January 2023 through Friday between the hours of 10:00 am and 4:30 pm. To arrange additional training on the use of LCPtracker or to use the City’s computer, the Contractor’s payroll resource (staff or business service) may contact the City Administrator’s Office, Contracts and Compliance Unit, Contract Compliance Office at 250 Frank Ogawa Plaza, 3rd Floor, Suite 3341, telephone (510) 238-2970.

While the submission of hard copies of certified payrolls is no longer necessary with the implementation of this program, contractors and subcontractors will continue to be required to submit a signed, original affidavit made under penalty of perjury that states that the information contained in each submitted LCPtracker payroll record is true and correct.

Electronic submittal of weekly payroll information is consistent with California Department of Industrial Relation Public Works payroll reporting requirements.

Payment: The Contractor shall absorb in the bid all costs incurred from these electronic payroll submission requirements.

ADD NEW SUBSECTION 7-2.2.2 TO READ:
7-2.2.2 Electrical Workers Safety Requirement. Enhanced Electrical Safety Requirements are required for all worksite electrical labor. For all capital improvement contracts where the electrical scope of work is $100,000 or more, the project must comply with the following requirements for electrical safety enhancement:
 70% of all "Journey-level Electricians" must be graduates of a State of California approved Electrical Apprenticeship Program.
 20% of the jobsite electrical workers must be OSHA 10-hour Construction Industry Safety and Health Certified.
 At least one jobsite electrical worker must be OSHA 30-hour Construction Industry Safety and Health Certified.

The above workforce ratios are determined by verifying the workforce composition on a daily basis. The Contractor will be required to certify their compliance by completing and submitting information via forms provided by the Resident Engineer.

ADD NEW SUBSECTION 7-2.2.3 TO READ:
7-2.2.3 Federal Wage Rates. The payment of predetermined minimum wages on Federal-aid contracts is derived from the Davis-Bacon Act of 1931 and is prescribed by 23 USC 113.

Federal wage rates are not required to be physically included in the contract advertising package provided they are referenced to an Internet web site address where they can be found. However, these wage rates must be physically inserted in the final contract package signed by the City and the contractor on all Federal-aid highway construction projects exceeding $2,000 and to all related subcontracts, except for projects located on roadways classified as local roads or rural minor collectors, which are exempted.

The federal minimum wage rates are available directly from the Department of Labor Home Page under www.gpo.gov/davisbacon. Click on “Browse all determination by State” then click on “California.” For conformance with the federal “10-day rule,” the City shall access the federal wage rates within ten days prior to bid opening to see if updated rates have been posted. If the updated wage rates have been posted, the City shall to issue an addendum. Addenda are issued only to official plan holders of the Bid book (those who have directly obtained the bid book from iSupplier or CIPList.com).

REPLACE SUBSECTION 7-3 WITH THE FOLLOWING:
7-3 INSURANCE
7-3.1 City of Oakland Insurance Requirements.

The Contractor shall procure, prior to commencement of service, and keep in force for the term of this contract, at Contractor's own cost and expense, the following policies of insurance or certificates or binders as necessary to represent that coverage as specified below is in place with companies doing business in California and acceptable to the City. The insurance shall at a minimum include as per Schedule Q in Appendix B.
7-3.2 General Liability Insurance.

DELETE SUBSECTION 7-3.2. INSTEAD REFER TO SUBSECTION 7-3.1.

Project Special Provisions 27 Bid Documents: January 2023 7-3.3 Workers’ Compensation Insurance.

DELETE SUBSECTION 7-3.3. INSTEAD REFER TO SUBSECTION 7-3.1. 7-3.4 Auto Liability Insurance.

DELETE SUBSECTION 7-3.4. INSTEAD REFER TO SUBSECTION 7-3.1.

ADD NEW SUBSECTION 7-3.5 TO READ:
7-3.5 Responsibility for Damage. The City and/or its Council, and/or its employees, shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof; or to any material or equipment used in performing the work; or for injury or damage to any person or persons, either employers, workmen, or the public; or for damage to property or loss or use thereof from any cause whatsoever during the progress of the work or at any time before final acceptance.

To the extent not otherwise prohibited by Section 2782 of the Civil Code of the State of California, the Contractor shall indemnify and save harmless the City of Oakland, its Council, officers and employees, from any suits, claims or actions brought by any person or persons, or corporations, or other entities for or on account of any bodily injuries or disease or illness, or damages of any nature, however caused, and regardless of responsibility for negligence, sustained as a result of or arising within the work. The City Council may retain as much of the money due to Contractor as shall be considered necessary until disposition has been made of such suits or claims for damages as aforesaid.

Neither the City Administrator, Council, the City Engineer, the OPW Director, nor any other officer or authorized assistant or agent of the City shall be personally responsible for any liability arising under the contract.

The City shall not be held responsible for the care or protection of any material or parts of the work prior to final acceptance, except as expressly provided in these specifications.

CHANGE SUBSECTION 7-5 TO READ:
7-5 PERMITS AND LICENSES. The Contractor shall procure all permits and licenses, pay all related charges and fees for any required permit or license, and give all notices necessary and incidental for the due and lawful prosecution of the work. All charges and fees for any required permit or license shall be included in the base bid for the project.
7-6 THE CONTRACTOR'S REPRESENTATIVE.

ADD THE FOLLOWING TWO PARAGRAPHS TO THE END OF SUBSECTION 7-6:

The Contractor's representative shall be an employee of the Contractor and shall be present at the work site at all times while work is in progress. The Contractor's representative shall personally supervise the work of all subcontractors. At a minimum, the Contractor's representative must be onsite at the beginning and end of each workday to coordinate the Contractor's workforce and receive instructions from the Agency. The Contractor may be fined $500 per day for every day in violation of this Subsection. In addition, the Contractor’s failure to provide a representative with authority to direct all facets of the work shall be grounds for suspending the work. Contract time shall continue to run if the Agency suspends the work for violation of this Subsection.

When work is not in progress and during periods of work suspension, arrangements acceptable to the Agency shall be made for performance of emergency work when required. 7-7 COOPERATION AND COLLATERAL.

ADD THE FOLLOWING TWO PARAGRAPHS TO THE END OF SUBSECTION 7-7:

The Contractor shall notify the City of Oakland Sewer Maintenance Section at (510) 615-5566 when a building sewer / lateral is connected so that a sewer maintenance representative can inspect it.

The Agency and each utility company reserves the right to enter upon any street or easement for the purpose of making changes, new installations, repairs, or performing maintenance work. 7-8 WORK SITE MAINTENANCE.
7-8.1 General.

ADD THE FOLLOWING TO THE END OF SUBSECTION 7-8.1:

The Contractor's failure to comply with the Engineer's cleanup orders may result in the City having the cleanup work done by others. The Contractor shall bear all costs incurred by the City in having the work done.

The Contractor shall take all necessary measures to ensure that materials from the job site identified in the project Waste Reduction and Recycling Plan (WRRP) are recycled.

The Contractor shall provide daily reports. The daily reports will require the Contractor to provide status of labor, equipment, traffic control, maintenance efforts of BMPs and SWPPPs, and work plan ahead. The Project Special Provisions 28 Bid Documents: January 2023 Contractor shall drive the work site daily for the reports. Failure to complete this on a daily basis will result in a fine of $250 per day.
7-8.2 Air Pollution Control.

ADD THE FOLLOWING TO THE END OF SUBSECTION 7-8.2:

The use of water resulting in mud on public or private paved surfaces will not be permitted as a substitute for sweeping or other methods. The Contractor shall sweep the streets within the project area with a power pickup sweeper at least once daily, or as directed by the Engineer, for the duration of the project. A Wet/Dry vacuum shall be used to vacuum sawcut slurry.
7-8.4.1 General.

ADD THE FOLLOWING TO THE END OF THE SECOND PARAGRAPH:

Excess excavated material from trenches, structures, general excavation and manholes and similar structures shall be removed from the site immediately.

ADD THE FOLLOWING TO THE END OF SUBSECTION 7-8.4.1:

The Contractor shall take all necessary measures to ensure that materials from the job site identified in the project Job Site Recycling and Waste Reduction Plan are recycled.

ADD SUBSECTIONS Section 7-8.5.3
Section 7-8.5.3 Overflow Emergency Response Plan
Constructor shall submit an Overflow Emergency Response Plan (OERP) to the City for review and approval.

Contractor shall refer to the City of Oakland Overflow Emergency Response Plan for information and requirements.

The reference of the OERP on the City’s website is at
https://www.oaklandca.gov/documents/2019-asset-management-implementation-plan-and-sewer-systemmanagement-plan, 2019 Asset Management Implementation Plan and Sewer System Management Plan, Appendix C (page 144) – City of Oakland Overflow Emergency Response Plan (OERP).

Contractor shall complete attachment 17 and submit to the City for review per each sewer overflow occurrence.

REPLACE SUBSECTION 7-8.6 WITH THE FOLLOWING:
7-8.6 Water Pollution Control.
7-8.6.1 General. 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 stormwater.

The Contractor shall conform to all applicable local, state and Federal regulations and laws pertaining to water pollution control including the City of Oakland’s Creek Protection, Stormwater Management and Discharge Control Ordinance. As applicable, the Contractor shall obtain water pollution control permits including, but not limited to, the State Water Resources Control Board Construction General Permit (Contstruction General Permit), and the City of Oakland Creek Protection Permit and Temporary Storm Water Discharge Permit, and shall file all relevant and required documents including, but not limited to, the Construction General Permit Stormwater Pollution Prevention Plan, Rain Event Action Plans, Inspection, Monitoring and Annual Reports, and the City of Oakland Creek Protection Plan and Hydrology Report. The Contractor shall conduct and schedule operations and follow and implement Best Management Practices (BMPs) in such a manner as to prevent water pollution. The Contractor shall also conform to the following requirements:
1) Sediments shall not be discharged to a storm drain system or receiving waters. In this subsection, the term "storm drain system" shall include storm water conduits, storm drain inlets and other storm drain structures, street gutters and paved surfaces. In this subsection “receiving waters” shall include channels, watercourses, creeks, lakes, the Oakland Estuary, and the San Francisco Bay. 2) Sediments generated on the Work site shall be contained on the Work site using appropriate BMPs.

Avoid using BMPs made with plastic netting or fixed aperture netting, especially when placing final Project Special Provisions 29 Bid Documents: January 2023 site stabilization BMPs. Wildlife-friendly products made from made of biodegradable natural materials are widely available.
3) No construction-related materials, waste, spill or residue shall be discharged from the Work site to streets, drainage facilities, receiving waters or adjacent property by wind or runoff. 4) Non-storm water runoff from equipment, vehicle washing or any other activity shall be contained within the Work site using appropriate BMPs.
5) Erosion shall be prevented. Erosion-susceptible slopes shall be covered, planted or otherwise protected in a way that prevents discharge from the Work site.

7-8.6.2 Best Management Practices (BMPs). For the purpose of eliminating stormwater pollution, the Contractor shall implement 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 stormwater pollution.

The Contractor shall implement and maintain such BMPs as are relevant to the work, and as are specifically required by the Construction General Permit, 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. Guidance for appropriate implementation of BMPs can be found in the Reference Publications listed in 7-8.6.5.
7-8.6.3 Storm Water Pollution Prevention Plan (SWPPP). When so specified in the Special Provisions, or if so required by the Construction General Permit or by a City of Oakland permit, the Contractor shall prepare and submit per 2-5.3 a Storm Water Pollution Prevention Plan. The SWPPP shall conform to the requirements specified in the Special Provisions and those of the jurisdictional regulatory agency. The Construction General Permit Notice of Intent will be filed by the City.
7-8.6.4 Dewatering. Dewatering shall be performed by the Contractor when specifically required by the Plans or Specifications, and as necessary for construction of the Work. Dewatering shall be performed in conformance with all applicable local, state and Federal laws and permits issued by jurisdictional regulatory agencies. Permits necessary for treatment and disposal of accumulated water shall be obtained by the Contractor or the Agency as specified in the Special Provisions. Accumulated water shall be treated prior to disposal if so specified in the Special Provisions or required by a permit. The contractor shall submit a working drawing and related supporting information per 2-5.3 detailing its proposed plan and methodology and treatment and disposal of accumulated water. To the maximum extent practical, the Contractor shall reuse non-toxic, de-silted water for other onsite needs, such as dust control and irrigation.

The plan shall identify the location, type and size of dewatering devices and related equipment, the size and type of materials composing the collection system, the size and type of equipment to be used to retain and, if required, treat accumulated water, and the proposed disposal locations. If the proposed disposal location is a sanitary sewer, the Contractor shall submit to the Engineer written evidence of permission from the owner. If the proposed disposal location is a storm drain system or receiving body of water, the Contractor shall submit written evidence of permission from the owner of the storm drain system and, if not obtained by the Agency, original signed permits from jurisdictional regulatory agencies or written evidence that such permits are not required.
7-8.6.5 Reference Publications.

Reference publications are as follows:

1. California State Water Resources Control Board (SWRCB) Construction General Permit Order 2009- 009-DWQ (As amended by 2010-0014-DWQ and 2012-006-DWQ). Available at:
http://www.swrcb.ca.gov/water_issues/programs/stormwater/constpermits.shtml

2. Construction BMP Online Handbook.California Stormwater Quality Association(January 2015).

Available at: https://www.casqa.org/resources/bmp-handbooks/construction (subscription required)

3. City of Oakland Creek Protection, Stormwater Management, and Discharge Control Ordinance and Guide to Oakland’s Creek Protection Ordinance. Available at:
http://www2.oaklandnet.com/government/o/PWA/o/FE/s/ID/OAK024740

6. Manual of Standards for Erosion and Sediment Control Measures. Association of Bay Area Project Special Provisions 30 Bid Documents: January 2023 Governments (ABAG) Available at: https://store.abag.ca.gov/environment.asp#ec1

7. Stormwater Quality Handbooks. California Department of Transportation. Availalble at:
http://www.dot.ca.gov/hq/construc/stormwater/manuals

8. Start at the Source. Bays Area Stormwater Management Association. Available at:
http://www.scvurppp-w2k.com/pdfs/0910/StartAtTheSource.pdf 7-8.6.6 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 (i.e., cover and berm).

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.
7-8.6.7 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 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, de-silted 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 the water quality standards in the Construction General Permit.
7-8.6.8 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 paving during wet weather.
b. Store materials as required by 7-8.6.6.
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. Failure to maintain site cleanliness will result in a fine of $500 per location per day.
f. Keep ample supplies of drip pans or absorbent materials on-site. g. If paving involves portland cement concrete, refer to 7.8.6.6. 7-8.6.9 Concrete Operations. The Contractor shall prevent pollutant discharge from concrete operations by using measures to prevent run-on and runoff pollution, by properly disposing of wastes, and by implementing the following BMPs:
a. Store all materials in waterproof containers or under cover away from drain inlets or drainage areas. b. Avoid mixing excess amounts of portland cement materials.

Project Special Provisions 31 Bid Documents: January 2023 c. Do not wash out concrete trucks into storm drains, open ditches, streets, streams etc. Whenever possible, perform washout of concrete trucks off site where discharge is controlled and not permitted to discharge to the storm drain system. For on-site washout:
i. Locate washout area at least 50 feet from storm drains, open ditches or other water bodies, preferably in a dirt area. Prevent runoff from this area by constructing a temporary pit or bermed area large enough to store the liquid and solid waste.
ii. Wash out concrete wastes into the temporary pit where the concrete can set, be broken up and then disposed of properly. If the water volume greater than what will allow concrete to set, allow the wash water to infiltrate and/or evaporate, if possible. Otherwise, allow wash water to settle, then filter and pump it to the sanitary sewer with approval from EBMUD and the Engineer. Remove or vacuum the remaining silt and debris from the ponding or bermed area and dispose of it properly.
d. Dispose of wastewater from exposed aggregate washing to a dirt area adequate to contain all the wastewater. Once the wastewater has infiltrated, remove any remaining residue. If a suitable dirt area is not available, filter the wash water through straw bales or other filtering materials meeting the water quality standards in the Construction General Permit.
e. Collect and return sweepings from exposed aggregate concrete to a stockpile or dispose of the waste in a trash container.
7-8.6.10 Grading and Excavation Operations. The Contractor shall implement sedimentation and erosion control measures to prevent sediments or excavated material from entering the storm drain system in accordance with the water quality standards in the Construction General Permit.

At a minimum, the Contractor shall install filter materials (such as sandbags, filter fabric, etc.) at storm drain inlet(s) located in and downstream of the project site. These materials must be in place between October 15 and April 15 and also when rain is forecast within 24 hours. The Contractor shall install filter materials or seal all surface inlet openings during the dry season or if there is potential for sediment or excavated material to be discharged to the storm drain system during the construction operation (e.g. sediments and debris tracked by construction vehicles, wind blown, or transported by runoff). The storm drain inlets shall be sealed such that they can be opened in an emergency and unblocked at the end of each working day, so that no property is damaged as a result of accidents or overflows.

Sedimentation and erosion control/filter materials shall be placed in a manner to restrain any debris or sediment from flowing into the storm drain system. Said materials or control devices shall also be maintained and/or replaced as necessary to ensure effective sediment control and to prevent flooding. 7-8.6.11 Spill Prevention and Control. The Contractor shall take all precautions to prevent accidental spills during construction. However, in the event of a spill, the Contractor shall immediately contain any leaks/spills to prevent them from entering the storm drain system. The Contractor shall properly clean up and dispose of spilled wastes and resulting clean-up materials. If the spilled waste is hazardous, the Contractor shall comply with all federal, state and local hazardous waste requirements. a. The Contractor shall not wash any spilled material into the streets, gutters, storm drains, or creeks. b. The Contractor shall report any hazardous materials spill immediately to the Oakland Fire Department, the Alameda County Hazardous Materials Division and other state and local agencies as required by state and local regulations.
7-8.6.12 Vehicle/Equipment Cleaning. The use of soaps, solvents, de-greasers, steam cleaning equipment or equivalent methods for vehicle or equipment cleaning on-site or in the street is not permitted. Vehicle or equipment may be cleaned only with water in a designated, bermed area of adequate size. Rinse water may not runoff site or into the storm drain system. The rinse-water shall be permitted to infiltrate in dirt area or shall be discharged to the sanitary sewer with the approval of EBMUD and the Engineer.

The Contractor shall dispose of wash water from the cleaning of water-base paint equipment and tools to the sanitary sewer.

When using oil-based paint the Contractor shall, to the maximum extent practicable, filter the paint thinner and solvents for reuse. Any waste thinner, solvent, and sludge from the cleaning of equipment and tools shall be disposed as hazardous waste.
7-8.6.13 Contractor Training And Awareness. The Contractor shall train all employees on the water pollution prevention requirements contained in these specifications. The Contractor shall inform all subcontractors of the water pollution prevention contract requirements and include appropriate subcontract provisions to ensure that these requirements are met.

Project Special Provisions 32 Bid Documents: January 2023 The Contractor shall mark all new catch basins constructed as part of the project with stainless steel storm drain markers with the logo "No Dumping: Drains to the Bay". Storm drain markers are available from the Engineer.
7-8.6.14 Good Housekeeping Practices. The Contractor shall implement the following applicable good housekeeping practices.
a. Store all materials that have the potential to be transported to the storm drain system by storm runoff or by a spill under cover in a contained area or in sealed waterproof containers. b. Use ground tarps to collect fallen debris or splatters that could contribute to storm water pollution. c. Secure opened bags of cement, and other light materials or powders that can be transported by wind. d. Pick up litter, construction debris and other wastes daily from outside areas including the sidewalk area, gutter, street pavement and storm drains impacted by the project. Store all wastes in covered containers or dispose of immediately. Arrange for appropriate collection of those materials separated for recycling.
e. Dispose of wash water to the sanitary sewer with the approval of EBMUD and the Engineer or recycle wash water. Refer to 7-8.6.9.
f. Inspect vehicles and equipment arriving on-site for leaking fluids and promptly repair leaking vehicles and equipment. Use drip pans to catch leaks until repairs are made. g. Avoid spills by handling materials carefully. Keep a stockpile of spill materials, such as rags or absorbents, readily accessible on-site. Clean up all spills immediately to prevent any material from being discharged to the storm drain system. Refer to 7-8.6.11. h. Train employees regularly on good housekeeping practices and BMPs. Assign specific employees responsibility for BMPs, good housekeeping practices, and actions to take in the event of a spill. Refer to 7-8.6.13.
i. Maintain and replace all sediment and water pollution control devices as necessary to ensure that said controls are working effectively (e.g. inspect all sediment ponds or sandbag sedimentation/filtering systems after each rain. Remove accumulated sediment and debris and replace or repair damaged sandbags immediately.)
7-8.6.15 Payment. Unless otherwise specified in the Special Provisions, payment for implementation and maintenance of BMPs, implementing SWPPP measures and other work of this section (except dewatering) shall be deemed included in the price paid for associated contract bid items, and no additional payment shall be made therefor. Payment for dewatering shall be as specified in the Special Provisions. 7-8.6.16 Enforcement. Various sections of the Oakland Municipal Code enforce subsection 7-8.6. City enforcement may include, but is not limited to: citations, abatement orders, bills for City cleanup costs and administration, civil suits, and criminal charges. City enforcement actions do not void or suspend any enforcement actions by other agencies. At a minimum, the Contractor shall implement the storm water Clean Water Program BMPs listed in 7-8.6.2 General, or implement equally effective alternatives approved by the Engineer on all projects within the City of Oakland.

ADD NEW SUBSECTION 7-8.7 TO READ:
7-8.7 Removal of Graffiti. The contractor shall maintain a worksite free of graffiti. All new improvement under the subject contract and all on-site equipment and materials including but not limited to trailer, barricade, k-rails, excavator, loader, truck, storage bin, signage, etc. free of graffiti. Contractor shall remove all graffiti on such equipment and improvements within 24 hours of occurrence. Unless otherwise specified in the Bid Schedule, the costs for all labor, tools and equipment, and for implementation of all work involved in the removal of graffiti shall be considered as included in the payment made for other items of work, and no separate payment shall be made therefor. Should the Contractor fail to keep the new improvement under the subject contract and equipment and materials free of graffiti, the Engineer may suspend the Work per 6-3 until the graffiti is removed or abated.

In addition, the contractor shall maintain all existing improvement in the public right-of-way in the vicinity of the job site free of graffiti. If directed by the Engineer in writing, the Contractor shall remove all graffiti within 24 hours of occurrence. The costs associated with the implementation of all work involved in the removal of graffiti shall be considered as extra work subject to the Engineer's written approval. Should the Contractor fail to keep the existing improvement in the public right-of-way free of graffiti, the Engineer may suspend the Work per 6-3 until the graffiti is removed or abated.

Project Special Provisions 33 Bid Documents: January 2023 ADD NEW SUBSECTION 7-8.8 TO READ:
7-8.8 Contractor's Identification. At all times the Contractor shall, at its expense, provide for the proper identification of its work to the public. This identification shall include the Contractor's name and telephone number and shall be printed on barricades used on the job. The contractor shall provide 72 hours advance notice before entering private property to perform contract work.

CHANGE SUBSECTION 7-9 TO READ:
7-9 PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS. The Contractor shall be responsible for the protection of public and private property adjacent to and along the line of work. The Contractor shall exercise due caution to avoid damage to such property. Before submitting a bid the Contractor shall verify and document the condition of existing improvements that may be damaged or removed by construction operations.

The Contractor shall repair or replace all existing improvements within the right-of-way (e.g. curbs, sidewalks, driveways, fences, walls, signs, utility installations, pavements, structures, pavement markings and traffic striping, etc.) that are damaged or removed as a result of its operations. Repairs and replacements shall be at least equal to existing improvements, and shall match them in finish and dimension. The Engineer may require replacements to be installed at locations other than the location where the existing improvements were removed.

The Contractor shall immediately notify the Engineer and the Electrical Division at (510) 615-5430 of any damage to any traffic signal, street light equipment or City electrical facilities. City Electrical Division forces shall temporarily repair damage to traffic signal equipment or facilities caused by the Contractor's operations.

The Contractor shall coordinate with the Electrical Division to make permanent repairs to traffic signal or street lighting facilities within five (5) days of damage. All repair work will be inspected and shall conform to Electrical Division requirements and details of the Standard Plans. If the Contractor does not proceed with or complete repairs within the allotted time, the Engineer may order the work completed by City forces or by another licensed electrical contractor. Should this occur, the Contractor will be billed for any necessary repair work by others, including administrative costs. Repair costs may be deducted from Contractor's progress payment if not paid within thirty days of billing date.

Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed because of the Contractor's operations, they shall be restored or replaced in as nearly the original condition and location as is reasonably possible. Lawns shall be replaced with sod, unless otherwise approved by the Engineer.

Unless shown on the plans, no trees shall be removed. Trees, limbs, and roots within the project area that interfere with the Contractor’s operations may be trimmed, with authorization from the Engineer. Only a qualified arborist or tree surgeon shall perform tree trimming. Prior to any trimming being performed, the Contractor shall submit to the Engineer, for review, the qualifications of the proposed arborist or tree surgeon.

Any tree roots one inch or greater in diameter which have to be removed or are damaged during construction operations shall be saw-cut evenly and shall be treated with a heavy coat of commercially available water base asphalt emulsion sealing compound.

The Contractor shall give reasonable notice to occupants or property owners to permit them to salvage or relocate plants, trees, sprinklers and other improvements within the right-of-way that will be destroyed because of the construction work.

The Contractor shall absorb in the bid all costs for protecting, removing, and restoring existing improvements and other work of this subsection.
7-10 SAFETY.

ADD THE FOLLOWING TO SECTION 7-10:

Unless a separate lump sum bid item is included for traffic control, the Contractor shall absorb in the bid all costs incurred from the requirements of Section 7-10.

CHANGE SUBSECTION 7-10.2 TO READ:
7-10.2 Storage of Equipment and Materials in Public Streets. Construction materials may not be stored in streets, roads, or highways for more than five days after unloading. All materials or equipment not installed or used in the construction within five days after unloading shall be stored elsewhere by the Contractor at its expense unless the Engineer authorizes additional storage time.

Construction equipment shall not be stored at the work site before its actual use, nor for more than five days after it is no longer needed on the work. The Engineer may authorize additional storage time when necessary for repair or assembly of equipment.

Excavated material, except that to be used as backfill in the adjacent trench, shall not be stored in private properties, public streets, roads, or highways for any period of time and shall be removed and disposed of Project Special Provisions 34 Bid Documents: January 2023 immediately from the site. Only Engineer-approved excavated backfill material shall be allowed to be stored.

Such material storage at the work site or elsewhere shall only be allowed for a period not exceeding five calendar days after excavation. The storage site shall be subject to the Engineer’s approval. After the backfill is placed, all excess material shall be removed from the site and disposed of immediately.

The Contractor shall maintain the flow of any surface runoff waters obstructed by the storage and/or materials stored in public streets in accordance with the above provisions and 7-8.6. 7-10.4 Safety.
7-10.4.1-2 Safety Orders.

ADD THE FOLLOWING SENTENCE AT THE END OF THE FIRST PARAGRAPH:

The Contractor shall have a Competent Person, as described by CAL/OSHA regulations, present at the worksite at all times during construction.

REPLACE THE SECOND PARAGRAPH WITH THE FOLLOWING:

Before excavating any trench 5 feet or more in depth, the Contractor shall submit a detailed plan to the Engineer showing the design of shoring, bracing, sloping, or other provisions to be made for the workers’ protection from the hazard of caving ground during the excavation of such trench. The Contractor shall submit the shoring plan in advance of any excavation. If such plan varies from the shoring system standards established by the Construction Safety Orders for the Division of Industrial Safety of the State of California, the plan shall be prepared by a registered civil or structural engineer licensed to practice in California. The Contractor is responsible for site safety. Nothing in this requirement shall be deemed to allow the use of shoring, sloping, or protective system less effective than that required by the Construction Safety Orders.

Nothing in this requirement shall be construed to impose tort liability on the City of Oakland or any of its employees.

ADD THE FOLLOWING NEW PARAGRAPH AFTER THE SECOND PARAGRAPH:

The Contractor shall provide positive ventilation during work in existing sewerage facilities or while making connections to existing sewerage facilities. The Contractor's employees working in said facilities shall be provided with safety lines, harnesses, gas detectors, and other protective equipment as required by OSHA and CAL/OSHA.
7-10.4.4 Special Hazardous Substances and Processes.

ADD THE FOLLOWING TWO PARAGRAPHS TO THE END OF SUBSECTION 7-10.4.4:

Hazard Communication and Material Safety Data Sheets. The Contractor shall provide copies of current Material Safety Data Sheets (MSDS) to the Engineer for all chemical products used, handled, stored or transported to City property or project sites. The Contractor shall provide updated copies of such MSDS to the Engineer within 15 days of the Contractor’s receipt of such updated copies.

Asbestos and Lead-Based Paint. The contract documents indicate the locations of any known or presumed asbestos-containing materials and lead-based paint in proposed work areas. Only those Contractors with the required Cal/OSHA training, certification and permits for asbestos abatement and removal and/or lead abatement and removal will be allowed to handle these materials. 7-10.4.5 Confined Spaces.

ADD NEW SUBSECTION 7-10.4.5 TO READ:
7-10.4.5.4 Additional City of Oakland Requirements: The following are considered confined spaces for the purposes of 7-10.4: all manholes, lift stations, tanks, vaults, pipelines, some trenches and excavations, or other enclosed or partially enclosed spaces. Contractors are prohibited from entering such confined spaces for any reason and at any time, unless specifically authorized to do so in written contractual agreements. The Contractor is responsible for compliance with Cal/OSHA standards and regulations pertaining to confined space entries. The Contractor shall provide any required air monitoring equipment, safety equipment and emergency rescue devices for confined space entry. Contractors shall ensure that emergency rescue services are provided for their employees who may be involved in confined space entry and that such emergency services comply with applicable Cal/OSHA requirements.

ADD NEW SUBSECTION 7-10.4.6 TO READ:
7-10.4.6 Compliance with Laws. The Contractor will perform the Work and any other obligations under this Agreement in strict compliance with all applicable local, state and Federal laws, codes, standards and regulations.
7-10.4.6 a. Security. The Contractor shall maintain a daily log of all employees and Subcontractors present on-site. This log shall be used in an emergency to identify missing personnel. Contractor employees and Project Special Provisions 35 Bid Documents: January 2023 Subcontractors must be logged in and out of the site each day.

A visitor is defined as any person not covered by contractual agreements with the City, excluding regulatory inspectors and compliance officers. Visitors may include vendors, tour groups or guests of the City of Oakland or the Contractor. All visitors to City facilities or properties must have prior written authorization from the Engineer. Visitors must be escorted by a Contractor supervisor or manager, or by City of Oakland personnel, at all times while on-site. Visitors are prohibited from contact with hazardous substances or materials on-site and are also prohibited from entering any area of the work site that requires personal protective equipment (PPE), respirators, or specialized safety equipment, medical monitoring or safety training.

Contractors shall immediately notify the Engineer of any other party who requests entry to City facilities or property. This includes requests from county, state or Federal government agencies. 7-10.4.6 b. Supervision. The Contractor will at all times be solely responsible for all means, methods, techniques, sequences and procedures of the Work, and the acts and omissions of all employees, Subcontractors and agents, and all other persons performing any of the Work. 7-10.4.6 c. Employee Training and Qualifications. The Contractor will provide only properly trained and qualified personnel to perform work under this Contractor Agreement. The Contractor will provide only employees who are trained in both general safe work practices and all applicable specific hazards of the Work. 7-10.4.6 d. Environmental, Health and Safety Requirements. The Contractor agrees that Contractor has been retained by the City of Oakland for reasons that include, but are not limited to, the Contractor’s expertise with regard to safety and health hazards associated with the work to be performed by Contractor. The Contractor agrees that it has, and will have, sole responsibility for the health, safety, and welfare of its employees, Subcontractors, and agents performing Work under this Agreement. The Contractor has the authority and responsibility to control, and/or correct all hazards associated with the work to be performed by Contractor. If the Contractor becomes aware of a hazard that the Contractor contends was created or caused by the City, the Contractor must notify the City immediately in the case of an imminent hazard, and no later than five working days in all other cases. If the Contractor fails to do so, the Contractor agrees to assume all responsibility to control and/or correct the hazard as if the Contractor were the creator or the cause of the hazard.

1. Safety Equipment. Contractors must provide their own first aid supplies and emergency response equipment. The Contractor must certify that at least one employee on each work shift has current training in emergency first aid and cardiopulmonary resuscitation (CPR). The City does not supply air monitoring or sampling equipment, respiratory protection, personal protective equipment (PPE), fall protection equipment or other safety equipment to persons who are not City of Oakland employees.

Contractors are required to provide their own tools and equipment and maintain their own PPE, respiratory protection, breathing air supplies, breathing air distributions systems, fall protection and other safety equipment and supplies.

2. Lockout/Tagout and Control of Hazardous Energy. At the pre-construction meeting the Contractor shall provide the Engineer with copies of its lockout and tagout procedures for control of hazardous energy related to City equipment and utilities involved in the Contractor’s scope of work. The Contractor shall obtain permission and authorization from the Engineer before placing any lockout or tagout on City of Oakland equipment. Contractor employees must have their own individual locks and tags assigned to each employee for use in locking out and tagging out equipment required for their assigned work tasks, regardless of whether the City of Oakland also applies its own lockouts and tagouts. The Contractors shall ensure that lockout and tagout activities and control of hazardous energy comply with Cal/OSHA standards pertaining to these activities.

3. Equipment and Utilities. Contractors are prohibited from starting, stopping, or otherwise accessing or operating City of Oakland owned or leased equipment and utilities, unless specifically authorized to do so in written, contractual documents.

The City of Oakland will provide the Contractor with information, if any is in the City’s possession, regarding the location of underground or above ground mechanical, electrical, gas, telephone, sewers, storm drains, water lines and other utilities that may be impacted by the nature of the Work; provided, however, that the City makes no warranty regarding the sufficiency or accuracy of such information.

The Contractor will promptly inform the City in writing if the Contractor believes any information provided by the City is inaccurate in any material respect, or if the Contractor encounters unexpected or previously unknown site conditions. The Contractor will become thoroughly familiar with the tolerances, dimensions and location of all such utilities. If necessary, the Contractor will contact representatives of utility companies and public agencies, and review plans and information, if any, provided by such representatives and agencies about the work site.

The Contractor will be solely responsible for any damage done by Contractor to such utilities during the Work. No repair of such damage will be included in the cost of the Work unless the Project Special Provisions 36 Bid Documents: January 2023 Contractor could not have located such utilities prior to such damage by conducting the investigation required by this Agreement. In such event, the repair of such damage may be included in the cost of the Work by Change Order, as set forth in this Agreement.

4. Welding and Other Hot Work. Contractors are prohibited from welding, burning, cutting, or performing other “hot work” unless specifically authorized to do so in written contractual agreements. All hot work must comply with Cal/OSHA standards for these work activities, including those standards pertaining to hot work permits and safe handling of compressed gases.

5. Injury and Illness Prevention Plan. The Contractor shall develop and implement a written Injury and Illness Prevention Plan (IIPP) and Code of Safe Practices that specifically apply to the Contractor’s scope of work and anticipated work activities. The IIPP and Code of Safe Practices must comply with Cal/OSHA standards, as applicable. Copies of the IIPP and Code of Safe practices must be provided at the pre-construction meeting..
7-10.4.6 e. Prohibited Acts. Contractor employees and Subcontractors are prohibited from bringing firearms, knives and weapons of any kind into City of Oakland facilities or onto City property, unless specifically authorized to do so in written contractual documents. The Contractor shall remove any person found in unauthorized possession of such devices on City facilities and property.

Threats and acts of violence or vandalism in the workplace are strictly prohibited. This includes, but is not limited to, threats to City personnel or vandalism/property damage to City of Oakland facilities, equipment, supplies or properties.

Contractor and Subcontractors are prohibited from scavenging or otherwise salvaging or removing any City of Oakland equipment, tools, waste materials or other property unless specifically authorized to do so in written contractual agreements.
7-10.4.6 f. Work Site, Material Storage and Disposal. The Contractor will perform the Work without interfering with City of Oakland employees or operations in areas around the work site. The Contractor shall secure and store all materials and supplies in a safe manner in accordance with local, state and Federal laws, standards and regulations. Contractors will on a daily basis, at their own expense, keep the work site and areas immediately adjacent thereto in an orderly and neat condition, clean and free from accumulation of waste materials and rubbish. Upon completion or termination of the Work, the Contractor will remove all waste materials, rubbish, temporary structures, tools, equipment and surplus materials from the work site.

Contractors are prohibited from using or accessing City of Oakland waste disposal systems unless specifically authorized to do so in written contractual documents. Contractors shall provide their own waste storage and disposal containers, store and dispose of all waste materials in a timely manner and in accordance with local, state and Federal environmental, health and safety laws, standards and regulations. 7-10.4.6 g. Incident Reporting. The Contractor shall immediately notify the Engineer of any occupational injury or illness, employee exposure to hazardous substances, vehicle accidents, property damage, or environmental spills or releases regardless of the severity of such incidents. The Contractor shall provide a written incident report to the Engineer within 24 hours of any such occurrence. The City of Oakland reserves the right to review Contractor incident investigations and/or perform the City’s own investigation(s), for the sole purpose of verifying facts and protecting City of Oakland personnel and property.

REPLACE SUBSECTION 7-11 WITH THE FOLLOWING:
7-11 PATENT FEES OR ROYALTIES. The Contractor shall absorb in the Bid all patent fees or royalties on any patented article or process that may be furnished or used in the work.

The Contractor agrees to hold the City harmless from and to indemnify the City against any and all costs, attorneys' fees, and damages arising out of or connected with any claim, demand, action, lawsuit, judicial determination or judgment concerning infringement upon the rights of others, including patent rights, by the use of any article or process which may be furnished or used in the work. In the event of any such infringement claim, the Contractor shall notify the City within ten days of such claim, and keep the City advised of all developments. The Contractor shall comply with all reasonable requests by the City for information and data in defense of such suit. The Contractor shall agree to defend any and all such claims, demands, actions and suits.

In the event that any equipment or process furnished or used in the work is determined by the City or by a Court to infringe upon the rights of a third party, the City shall in addition have the option of:

1. Replacing the equipment with non-infringing equipment;

2. Modifying the equipment or process to the extent required to avoid such infringement;

3. Continuing to use the equipment or process;

4. Receiving as partial compensation the refund of all monies paid to the Contractor.

In the event of replacement or modification, the amounts spent on such replacement or modification shall be charged against and be recoverable from the Contractor. Final payment to the Contractor by the City will not be made while any suit or claim remains unsettled.

Project Special Provisions 37 Bid Documents: January 2023 The City may itself defend any such claim, demand, action or suit, and settle or take any other action it deems necessary or advisable in connection with any such claim, demand, action or suit. 7-12 ADVERTISING.

ADD NEW SUBSECTION 7-12.1 TO SUBSECTION 7-12:
7-12.1 Contract Information Signs. The Contractor shall supply, erect, and maintain two Construction Information Signs and one Barricade Sign per construction location according to the plans and specifications as directed by the Engineer. Attachment 9 and Attachment 9A at the end of these Special Provisions shows the requirements for these signs. Signs not conforming to these requirements will be rejected. These project signs shall be erected at locations as directed and approved by the Engineer prior to beginning construction. These signs shall be relocated, if necessary, as construction proceeds according to the Engineer’s direction.

Payment: The unit price bid for each Construction Information Sign with unlimited Barricade Signs shall include full payment for all construction information signs, including material, labor, and incidentals and for relocation and any changes to the signs due to project time extension(s) and printing error.

ADD NEW SUBSECTION 7-12.2 TO SUBSECTION 7-12:
7-12.2 Door Hanger Notifications. The Contractor shall print a sufficient number of door hangers for notification to adjacent property owners. The text for these door hangers is provided in Attachment 11 at the end of these Special Provisions. The door hangers shall be 4"x9.5” in size, two per 8.5”x11” sheet, 38 pound stock, and micro-perforated for easy, clean separation. Door hangers not conforming to these requirements will be rejected. The ink shall be forest green color on cream-colored card stock. Door hanger design will be discussed at the pre-construction meeting. The Contractor shall submit a sample printed door hanger design to the Engineer for approval before use.

Before distribution, the Contractor shall indicate on the door hanger the type of work to be performed, the anticipated work start date and the number of working days that will be required. The Contractor shall show a sample of the door hanger before the first batch is distributed to neighborhood buildings. The Contractor’s workers shall place the door hangers on the doors of adjacent properties 72 hours before construction begins to alert neighborhood residents of the upcoming construction work. The contractor shall distribute the notices in accordance to the phases listed on the sample door hanger. For example, for street resurfacing projects the contractor shall distribute the notices two times, once for the concrete work and a second time for the street resurfacing work (including grinding and overlay work.)
Payment: Full payment for door hangers, including materials and labor shall be included in the price paid for other bid items, and no additional payment shall be made therefor. 7-13 LAWS TO BE OBSERVED.

ADD THE FOLLOWING TO THE END OF SUBSECTION 7-13:

Before submitting bids, all Contractors shall be licensed in accordance with the provisions of Chapter 8 of Division III of the Business and Professions Code of the State of California. The Contractor must be properly licensed as a contractor from contract award through Contract acceptance (Public Contract Code § 10164.) ADD NEW SUBSECTION 7-15:
7-15 Violations and Fines. Contractor shall be subject to fines for any violations and/or breach of contract provisions such as, but not limited to, improper traffic control, unapproved working hours, violations of BMP’s for erosion control and storm drain protection, failure to maintain site cleanliness and dust control, construction safety and environmental health issues, improper construction staging and material storage, etc. Fines shall range from $250 to $2,500 per violation per day and will be determined at the sole discretion of the Resident Engineer. All assessed fines shall be deducted from the Contractor’s Progress Payments.

All other provisions of the contract plans and specifications are independent of this subsection and remain applicable.

NTWS: If you have no bid item for Field Office you can delete Section 8.

SECTION 8 - FACILITIES FOR AGENCY PERSONNEL
Project Special Provisions 38 Bid Documents: January 2023 8-1 GENERAL.

REPLACE THE FIRST SENTENCE OF THE FIFTH PARAGRAPH OF SUBSECTION 8-1 WITH THE FOLLOWING:

The Contractor shall provide weekly janitorial and other maintenance services in all types of facilities provided. 8-2 FIELD OFFICE FACILITIES.
8-2.1 Class “A” Field Office.

ADD THE FOLLOWING PARAGRAPH TO SUBSECTION 8-2.1:

The Contractor shall provide the Engineer with access to a photocopying machine and a fax machine. 8-6 BASIS OF PAYMENT.

ADD THE FOLLOWING TO THE BEGINNING OF SUBSUBSECTION 8-6:

Unless listed in the plans or special provisions, no field office facilities, field laboratories, or bathhouse facilities will be required at the job site.

SECTION 9 - MEASUREMENT AND PAYMENT
9-1 MEASUREMENT OF QUANTITIES FOR UNIT PRICE WORK.
9-1.1 General.

DELETE THE WORD "pipe" FROM THE 2nd SENTENCE OF THE FIRST PARAGRAPH OF SUBSECTION 9-1.1.
9-3 PAYMENT.

REPLACE SUBSECTION 9-3.2 WITH THE FOLLOWING:
9-3.2 Partial and Final Payment. The Engineer will, after award of contract, establish a monthly closure date for the purpose of making monthly progress payments. The Contractor may request in writing that such monthly closure date be changed. The Engineer may approve this request if it is compatible with the Agency’s payment procedures.

Each month, the Contractor shall submit a draft invoice along with approximate measurements of the work performed up to the closure date and Attachment 13 (when required). Upon receipt of the draft invoice, the Engineer will review the draft invoice and estimate completed work based on the contract unit prices or as provided for in Section 9.2 within 5 business days. No such monthly estimate or payment shall be required to be made when, in the Engineer’s judgment, the work is not proceeding in accordance with the contract provisions, or when the total value of the work done by the Contractor since the last monthly estimate amounts to less than Five Thousand Dollars ($5,000).

When the work has been satisfactorily completed, the Engineer will determine the quantity of work performed and prepare the final estimate.

From each progress estimate, five percent (5%) will be deducted and retained by the Agency, and the remainder less the amount of all previous payment will be paid to the Contractor.

No retainage will be held by the agency from progress payments due the prime contractor. Any retainage kept by the prime contractor or by a subcontractor must be paid in full to the earning subcontractor in 30 days after the subcontractor’s work is satisfactorily completed. Federal law (49CFR26.29) requires that any delay or postponement of payment may take place only for good cause and with the agency’s prior written approval. Any violation of these provisions shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the California Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.

As provided for in Section 4590 of the California Government Code and Section 10263 of the California Public Contract Code, the Contractor may substitute securities for any monies withheld by the City to ensure contract performance. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a State or federally chartered bank as the escrow agent, who shall pay such moneys to the Contractor upon satisfactory contract completion. Securities eligible for investment under this subsection shall include those listed in Section 16430 of the Government Code, or bank or savings and loan certificates of deposit.

The Contractor shall be the beneficial owner of any securities substituted for moneys by the City. These Project Special Provisions 39 Bid Documents: January 2023 securities shall contain, as a minimum, the following provisions:

1. The securities amount to be deposited;

2. The terms and conditions of conversion to cash in case of the Contractor’s default; and

3. Escrow termination upon contract completion.

The City shall value any Contractor-deposited securities. The City’s decision on the securities value shall be final.

No progress payment made to the Contractor or its sureties will constitute a waiver of the liquidated damages under 6-9.
9-3.2.1 Subcontractor Release of Retention. A Local Business Enterprise (LBE) Subcontractor may request full release of their portion of the General Contractor’s retention held by the City of Oakland upon completion and tentative approval of all the LBE Subcontractor’s work on the project. This provision shall be contingent upon the following conditions:

1. Payment and Performance Bonds remain in full force until completion and acceptance of the project as defined by the Standard Specifications for Public Works Construction and Special Provisions.

2. The LBE Subcontractor’s work must be complete and conditionally approved by the Engineer. The LBE Subcontractor’s work is deemed complete and approved if:
a. The General Contractor was allowed to advance the project beyond the LBE Subcontractor’s work.

For example, advancing from grading to paving or from asbestos abatement to painting and; b. The LBE Subcontractor has complied with all provisions in the City of Oakland and Redevelopment Agency Small Local Business Enterprise Program, and the City of Oakland and Redevelopment Agency Local Employment Program for Public Works Contracts. c. All work, including punch list work, is in full compliance with all applicable codes, contract plans and contract specifications.

3. Completion and conditional approval for purposes of this provision shall not signify acceptance of the work by the City of Oakland. The LBE Subcontractor’s work shall continue to be subject to contract provisions covering warranty, and incomplete or defective work.

4. Release of any portion of the General Contractor’s retention shall not constitute a release of any contract provisions governing the work.

To initiate the release of their retention, the LBE Subcontractor shall apply by letter to the General Contractor.

The letter must include:
 A statement certifying that the LBE Subcontractor’s work is complete and complies with all applicable codes, contract plans and contract specifications.
 The dollar value and the scope of work of the LBE Subcontractor’s contract with the General Contractor.
 The dollar value of the LBE Subcontractor’s retention held by the General Contractor.  A payment summary indicating that full payment, except the City’s retained amount, has been made to each of the LBE Subcontractor’s subcontractors and suppliers. After the General Contractor verifies and certifies the above items, the General Contractor shall make a request to the City of Oakland to release a portion of the General Contractor’s retention, as stated in 9-3.2 of the Standard Specifications for Public Works Construction, equal to the dollar value of the LBE Subcontractor’s retained amount. Upon the City of Oakland’s approval of this request, the retention will be released in the next scheduled progress payment. The General Contractor shall have three (3) business days after receipt to forward these funds to the LBE Subcontractor. 9-3.2.2 Subcontractor/Subconsultant/Supplier Payment Certification. The Contractor shall certify in writing that all subcontractors/ subconsultants/ suppliers have been paid for work and materials from previous progress payments received (less any retention) by the Contractor prior to receipt of any further progress payments. In the event the Contractor is unable to pay a subcontractor/sub-consultant/supplier until they receive a progress payment from the City, the Contractor shall pay all subcontractors/ subconsultants/ suppliers funds due from said progress payments within forty-eight hours of receipt of payment from the City.

During and upon completion of the contract, the City may request monthly documentation to certify payment to subcontractors/ subconsultant/ suppliers. The City reserves the right to issue joint checks payable to both the Contractor and the subcontractor/ subconsultant/ supplier to insure proper payment. This provision in no way creates any contractual relationship between any subcontractor/ subconsultant/ supplier and the City or any liability on the City for the Contractor's failure to make timely payment to the subcontractor/ subconsultant/supplier.

Project Special Provisions 40 Bid Documents: January 2023 In order for the City of Oakland to verify that all subcontractors, equipment owners and suppliers have been paid for work and materials from previous progress payments received, it will be necessary for the Contractor to fill out the monthly progress payment for Subcontractors, Equipment Owner Operators & Suppliers Form. This form must be attached to the Contractor's monthly request for payment invoice. Failure to do so will delay the progress payment to the Contractor. One copy of the form must also be sent to the City Administrator’s Office, Contracts and Compliance Unit, Contract Compliance Division, Oakland, CA 94612.

Telephone (510) 238-2970. These forms are available at the Contract Compliance Office.

The Engineer is authorized to withhold an amount from progress and final payments from Contractors who do not submit certified payroll reports for themselves or their subcontractors or are in non-compliance with the City of Oakland and Redevelopment Agency's Local Construction Employment Program and Resolution No. 57103 C.M.S. governing the payment of prevailing wages. The Contract Compliance Officer shall determine the withholding amounts.
9-3.2.3 Submittal of Certified Payrolls. It is required that contractors and their subcontractors submit weekly certified electronic payroll reports for all crafts covered under the contract provisions within five working days of the end of the payroll period. For tracking purposes the certified payroll records shall show the ethnic and gender breakdown of the workforce. The Contractor’s failure to submit the required information may result in a monetary penalty in an amount not to exceed $1,000 or one percent (1%) of the amount of the contract, whichever is less, for each working day of non-compliance, regardless of the number of separate acts of noncompliance by the contractor or subcontractor existing on a particular day.

As a condition to receiving progress payments, final payment and payment of retention on any and all projects on which the payment of prevailing wages is required, the contractor shall have provided to the City, along with its request for payment, all applicable and necessary certified payrolls and other required documents for the time period covering such payment request. The City shall withhold any portion of a payment, including the entire payment amount, until certified payroll forms and other required LCP documents are properly submitted. In the event that certified payroll forms do not comply with the requirements of Labor Code Section 1720 et seq., or wage violations are identified by the City, the City will continue to hold sufficient funds to cover estimated wages and penalties under the contract. 9-3.2.4 Required Job Site Waste Reduction and Recycling Summary Report Form. The Contractor shall submit the proper form referenced in Subsection 4-1.1.3 Required Construction and Demolition Waste Reduction and Recycling. Failure to provide this report will result in withholding up to 5% of the contract amount to the Contractor.
9-3.2.5 Prompt Payment Transmittal Form. The Contractor shall provide a completed Prompt Payment Transmittal form with each payment request. A copy of this form is included in the Department of Contracting and Purchasing website under the heading "Forms and Schedules" http://www2.oaklandnet.com/Government/o/CityAdministration/d/CP/s/FormsSchedules/index.htm.

REPLACE SUBSECTION 9-3.3 WITH THE FOLLOWING:
9-3.3 Delivered Materials. In determining the amounts of a progress payment, the City may consider the invoiced value of acceptable materials delivered on the site or furnished and stored off the site, if such storage is within a 25-mile radius of the Oakland City Hall, Oakland, California, except for plant (nursery) material, for which said radius shall be 40 miles. In either case, the Contractor shall furnish evidence satisfactory to the City: (1) of the value of such materials; and (2) that such materials are under the exclusive control of the Contractor and have been paid for. Only materials to be incorporated in the project will be considered for purposes of partial payment. Partial payment shall not be construed as acceptance of such materials, nor relieve the Contractor from sole responsibility for the care and protection of such materials, nor relieve the Contractor from risk of loss to such materials from any cause including, but not limited to, theft, casualty, act of God, vandalism or levy by creditors, nor as a waiver of the right of the City to require fulfillment of all terms of the contract.

The Contractor shall submit, upon demand, invoices, bills of lading and other documentary evidence regarding material involved in progress payments, indicating thereon that such material is specifically assigned to this work, and shall submit documentary evidence of acceptable fire and extended coverage insurance for such material or acceptable certification that material is in storage in a bonded warehouse or at the approved site.

Payment will not be made for materials wasted or disposed of in a manner not called for under the Contract. This includes all rejected material either unloaded, or not unloaded, from vehicles. No compensation will be allowed for disposing of rejected or excess material.

All material covered by partial payment made shall thereupon become the sole property of the City, but this provision shall not be construed as relieving the Contractor from the sole responsibility for the proper storage, transportation, care, maintenance and protection of materials upon which payments have been made or the restoration of any damaged material, or as a waiver of the City’s right to require the fulfillment of all contract terms.

Project Special Provisions 41 Bid Documents: January 2023 9-3.4 MOBILIZATION.

ADD THE FOLLOWING PARAGRAPH TO SUBSECTION 9-3.4:

The cost of mobilization work, if not shown in the bid schedule as a separate item, shall be included in the payment made for other work items, and no separate payment shall be made therefor. When mobilization is included as a bid line item, the bid amount shall not exceed 5% of the total contract amount.

ADD THE FOLLOWING SUBSECTION:
9-4 AS-BUILT DRAWINGS. The Contractor shall provide and keep up-to-date a complete "As-Built" record set of paper prints that shall be corrected daily and shall show every change from the original contract Drawings and Specifications. The "As-Built" shall show exact locations, types, and sizes of material and equipment installed.

This set of prints shall be kept on the job site and shall be used only as a record set.

Final As-Built Drawings: On completion of the work, the Contractor shall provide the final, complete set of asbuilt drawings to the Resident Engineer.

The City will inspect "As-Built" Drawings at the time of the monthly payment review. If it is determined that "as-built" Drawings are not properly maintained, the City may withhold 5% of the contract price from the Contractor, in addition to any other withheld amounts.

ADD THE FOLLOWING SUBSECTION:
9-5 SUBSTANTIAL COMPLETION AND OCCUPANCY. When Contractor considers the entire work ready for its intended use, Contractor shall (in writing to City) request an inspection to certify that the entire work is substantially complete and request City issue a Certificate of Substantial Completion as of that date. The City will make an inspection of the work with the Contractor to determine the status of completion. If City does not consider the work substantially complete, City will notify the Contractor of the date of Substantial Completion. There shall be attached to the certificate a tentative list of items to be completed or corrected before final payment. The Engineer’s failure to include any items on such list does not alter the Contractor’s responsibility to complete all work in accordance with the contract documents.

The value of remaining work to be completed or corrected, established by the Contractor and approved by City, will be withheld until work is completed or corrected to the satisfaction of City. Final payment will not be made until completion of withheld items.

Project Special Provisions 42 Bid Documents: January 2023 **************THE END **************
Project Special Provisions 43 Bid Documents: January 2023

ATTACHMENTS
No. Attachment Name Ref. Section
1 Contractor’s Guarantee 6-8
2 Material Submittal 2-5.3.3
3 Material or Product or Method Substitution Request 3-1.1 4 Contractor’s Claim Submittal Form 3-7
5 As-Built Plans Certification Form 6-8
6 Operation Hours 601-1.1
7 Holiday Restricted Streets 601-1.1
8 Limited Operation Areas 601-1.1
9 Project Information Sign 7-12.1
9A Barricade Sign 7-12.1
10 Request for Replacement Utility Box for Curb Ramp
Work 303-5.1.1.a
11 Door Hangers 7-12.2
12 Imported Materials Certification Form 211-4
12 Subsection 211-4 Special Provisions for Imported
Material or Backfill 211-4
Project Special Provisions 44 Bid Documents: January 2023 Attachment 1
Contractor’s Guarantee
Subsection 6-8
At the completion of work by the Contractor, and also when required by the Specifications, a guarantee shall be submitted in the form of the following guarantee on the Contractor's own letterhead:

Guarantee/Warranty for

(Project Number and Name, Site Name and Address)
We hereby warrant and the General Contractor guarantees that the contract work we have installed has been done in accordance with Drawings and Specifications and that the work as installed will fulfill requirements of the guarantee/warranty included in contract documents. We agree to repair or replace any or all of our work, together with any other adjacent work which may be displaced by so doing that may prove to be defective in its workmanship or materials within a period of ___ years from the date of acceptance of above-named structure by the City (ordinary wear and tear and unusual abuse or neglect excepted).

In the event of our failure to comply with above-mentioned conditions within thirty (30) days after being notified in writing by the City of Oakland, we collectively or separately, do hereby authorize the City of Oakland to proceed to have said defects repaired and made good at our expense, and we will honor and pay the costs and charges therefore upon demand.

Signed: ________________________________________________ Date ____________________ Contractor
Signed: ________________________________________________ Date ____________________

Subcontractor, where applicable
Project Special Provisions 45 Bid Documents: January 2023 Attachment 2
Material Submittal
Subsection 2-5.3.3
Supplier/Manufacturer:_____________________________________________________ Address:________________________________________________________________ Telephone:____________________________ Fax: ______________________________ Item Description: __________________________________ Spec. #: _______________ Use of Item: _____________________________________________________________ Note to the Supplier: The attached project special provisions modify the 2009 Standard Specifications for Public Works Construction (Green Book). These special provisions detail the requirements for the proposed material. Please review the special provisions, the Green Book and the text in the box below to ensure that the proposed material meets the project specifications.

Include this signed form with all necessary documents for the material submittal.

I certify that the proposed material is in compliance with the contract specifications  with no exceptions.
 with exceptions as noted. Submittal Item Number _____ (Use numbering system from Attachment 1.)
Signature of Supplier’s Representative: __________________________ Date: _________ Signature of Contractor’s Representative: __________________________ Date: _________ Submittal Review
□ No exceptions taken □ Exceptions taken as Noted □ Reviewed □ Rejected □ Revise and Resubmit
□ Review Not Required □ Submit Specified Item
□ __________________________________________________
Review is only for the general conformance with the project design concept and general compliance with the information provided in the Contract Documents. The Contractor is responsible for conformance with all requirements of the Contract Documents, including, but not limited to, dimensions that shall be field verified, fabrication processes and construction techniques, coordination of work, and satisfactory performance of all work. Deviations from the Contract Documents are not reviewed unless specifically requested by the Contractor in writing. Review on resubmission will only cover designated changes on this submittal and other changes specifically identified by the Contractor.

CITY OF OAKLAND OPW, Bureau of Engineering and Construction Comments:

Reviewer: Date:

Project Special Provisions 46 Bid Documents: January 2023 Attachment 3

MATERIAL OR PRODUCT OR METHOD SUBSTITUTION REQUEST
Subsection 3-1.1
NOTE: Provide six sets of this completed form and attachments for each separate substitution request.

To: City of Oakland Project Number:

Project Name:

A. We hereby submit for your consideration the following product instead of the specified item:

1. Section Sub-article

2. Specified Item

3. Proposed Substitution (Mfr., Type, Model, Rehabilitation, etc.)

B. Complete all of the following:

1. We propose providing the City a cost credit (including costs for changes by other trades) of $ ____.

Does this substitution offer earlier delivery or less construction time? (Yes____) (No____) How much and why? (hours/days/weeks)

2. How does this substitution affect any dimensions, layouts, profiles or details of other trades/methods as shown on the drawings?

3. Has this substitution been coordinated with the remainder (or other portions being affected) of the project?

4. What are the specific differences between this substitution and the specified item?

C. Attach the following items as applicable. Check box if item is attached to this substitution request. a. Manufacturer’ technical data d. Drawings & description of changes required by other trades
b. Laboratory test or performance results e. Samples
c. Drawings & diagrams of the proposed
product / method
f. Manufacturer’s guarantee &
maintenance instructions
D. The undersigned agrees to pay for all design, testing, changes to the Contract Documents, and construction costs incurred as a result of the acceptance of this substitution, at no cost to the City.

E. Submitted by (Firm):

Signature: Title: Date:

Project Special Provisions 47 Bid Documents: January 2023 Attachment 4
Contractor’s Claim Submittal Form
Section 3-7
*****
Under 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,

Name Title Company
hereby certifies that the claim for additional compensation or time, if any, made herein for the work on this contract is a true statement of the actual costs incurred and time sought, and is fully documented and supported under the contract between the parties.

Dated

/s/
Subscribed and sworn before me this _____ day of _________________, 200__.

Notary Public
My Commission Expires
*****
Project Special Provisions 48 Bid Documents: January 2023 Attachment 5
As-Built Plans Certification Form
Section 6-8
Date: _____________________
To: OPW , Bureau of Engineering and Construction
Attn: __________________________
250 Frank H. Ogawa Plaza, Suite 4344
Oakland, Ca 94612
Re: Project No.: ___________
Project Title: _____________________________________________________ _____________________________________________________
_____________________________________________________
_____________________________________________________
The enclosed As-Built plans are submitted as required by Section 6-8 “Completion and Acceptance” of the contract specifications.

As the representative of _____________________________________, the General Contractor for the above referenced project, I hereby certify that all improvement work for said project has been completed in conformance with the original plans and specifications and changes noted on these As-Built plans.

Signed: ______________________________________________
Title: ______________________________________________
Contractor’s License Number: _____________________________

______________________________________________ __________ Project Special Provisions 49 Bid Documents: January 2023 Attachment 7:

HOLIDAY RESTRICTED STREETS
Subsection 601-1.1
Antioch St: All
Bancroft Ave: 57th to 75th Ave.

Broadway: All
Clay St: 7th St. to San Pablo
College Ave: All
Dimond Ave: Montana to MacArthur
Frank Ogawa Plaza: All
El Embarcadero: All
Foothill Blvd: Lakeshore to 73rd Ave.

Franklin St: 7th St. to Broadway
Fruitvale Ave: E 12th to E 22nd
& School St. to Lyman Rd.

Grand Ave: All
Harrison St: 5th St. to 27th St.

Havenscourt Blvd: Camden to MacArthur
Jack London Square: All
Lake Park Ave: All
Lakeside Dr: All
Lakeshore Dr: 12th St. to Prince
LaSalle Ave: N End to Moraga Ave.

MacArthur Blvd: Excelsior to High St.;
& Seminary to 76th Ave.

Medau Place: All
Montana St: MacArthur Blvd. to Fruitvale
Mountain Blvd: Moraga to Colton Blvd.

Park Blvd: E 18th St. to 5th Ave.
& Hampel to Glendora
Piedmont Ave: Broadway to Pleasant Valley
Pleasant Valley: All
Seminary Ave: Avenal to Monadnock
Telegraph Ave: All
Webster St: 6th St. to Broadway
West Grand: Broadway to Telegraph
West MacArthur: Harrison to Manila
Williams: MLK Jr. Way to Telegraph
5th St: Market to Broadway
7th St: Broadway to Madison
8th St: MLK Jr. Way to Madison
9th St: MLK Jr. Way to Madison
10th St: MLK Jr. Way to Madison
11th St: Brush to 12th St. Dam
12th St: Brush to 1st Ave.
13th St: Broadway to Harrison
14th St: Brush St. to 12th St. Dam
15th St: Broadway to Harrison
16th St: Clay to Telegraph
17th St: Brush to Lakeside Dr.
18th St: Brush to Telegraph
19th St: Castro to Lakeside Dr.
20th St: Castro to Harrison St.
21st St: MLK Jr. Way to Harrison
22nd St: MLK Jr. Way to Harrison
1st Ave: E 12th St. to Foothill
3rd Ave: E 18th St. to Park Blvd.
35th Ave: San Leandro St. to E 15th St.;
& Suter St. to Kansas St.
68th Ave: Foothill to MacArthur
73rd Ave: E 14th St. to MacArthur
East 14th St: 1st Ave. to San Leandro Limits
East 18th St: Lakeshore to 8th Ave.

Project Special Provisions 50 Bid Documents: June 25, 2019 Update Attachment 8

LIMITED OPERATION AREAS
Subsection 601-1.1
Adeline St: 1st St. to 7th St.

Ardley Ave: E 31st St. to MacArthur
Bancroft: 42nd Ave. to San Leandro Limits
Bancroft Way: E14th St. to 47th Ave.

Bayo Vista Ave: Harrison to Oakland Ave.

Beaumont Ave: 14th Ave. to Park Blvd.

Bond St: 42nd Ave. to Bancroft Ave.

Broadway: All
Broadway Terrace: Broadway to Glenbrook Dr.

Brush St: 5th St. to W Grand
Camden St: Foothill to Seminary
Castro St: 5th St. to San Pablo Ave.

Chatham Rd: Beaumont Ave. to Park Blvd.

Chester St: 5th St. to 7th St.

Claremont Ave: All
College Ave: All
Coliseum Way: High St. to 50th Ave.

Doolittle Dr: All
Edes Ave: Hegenberger to 98th Ave.

Edwards Ave: All
El Embarcadero: All
Foothill Blvd: 1st Ave. to MacArthur
Franklin St: 7th St. to Broadway
Fruitvale Ave: Alameda Limits to Whittle
Grand Ave: Broadway to Mandana
International Blvd/14th Ave: All
Northgate Ave: All
Harold St: All
Harrison St: 5th St. to Bayo Vista Ave.

Havenscourt Blvd: All
Hawley St: 69th Ave. To 73rd Ave.

Hegenberger Rd: All
High St: All
International Blvd: All
Keith Ave: College to Broadway
Lakepark Ave: Grand to Wesley Ave.

Lakeshore Ave: 12th St. to Mandana
Lakeside Dr: Harrison St. to Oak St.

Lincoln Ave: All
MacArthur Blvd: Fairmount Ave. to Seminary
& 73rd Ave. to San Leandro City Limits
Madison St: 5th St. to Lakeside Dr.

Mandana Blvd: Grand to Lakeshore
Mandela Parkway: All
Market St: 5th St. to Aileen St.

Miles St: Forest St. to Patton St.

MLK Jr. Way: All
Montana St: MacArthur to Coolidge
Moraga Ave: All
Mountain Blvd: Thornhill to Park Blvd.

Oak St: Lakeside Dr. to 5th St.

Oakland Ave: All
Park Blvd: All
Peralta St: 5th St. to 8th St.

Piedmont Ave: All
Pleasant Valley Ave: All
Redwood Rd: 35th Ave. To Skyline
San Leandro St: All
San Pablo Ave: All
Snake Rd: Mountain Blvd. to Shepherd Canyon Rd.

Seminary Ave: San Leandro St. to MacArthur
Shattuck Ave: All
Telegraph Ave: All
Thornhill Dr: Moraga Ave. to Mountain Blvd.

Webster St: 7th St. to Broadway
W Grand Ave: All
W MacArthur Blvd: All
1st Ave: All
5 th Ave: All
14th Ave: All
22nd Ave: Foothill Ave. to 23rd Ave.
23rd Ave: All
29th Ave: Estuary Bridge to International Blvd.
33rd Ave: E 12th St. to E 14th St./ Int’l Blvd.
34th Ave: E 12th St. to E 14th St.
35th Ave: San Leandro St. to Redwood Rd.
37th Ave: San Leandro St. to E 12th St.
42nd Ave: E 14th St./ International Blvd. to Foothill
46th Ave: E 12th St. to E 14th St./Int’l Blvd.
66th Ave: Oakport Rd. to E 14th St./Int’l Blvd.
69th Ave: San Leandro St. to Hawley St.
73rd Ave: All
81st Ave: San Leandro St. to E 14th St.
98th Ave: All
E 8th St: All
E 12th St: 1st Ave. to 46th Ave.

E 14th St. (International Blvd): All
E 15th St: 1st Ave. to 14th Ave.

E 18th St: Lakeshore Ave. to 14th Ave.
5th St: Oak to Market & Mandela to Peralta
6th St: Oak to Jackson & Broadway to Market
7th St: 7th Ave. To 7th St. Maritime Terminal
11th St: Market St. to Oak St.
12th St: Broadway to Fallon St.
12th St. Dam: All Roadway Facilities
14th St: Market St. to Oak St.
17th St: Harrison St. to Brush St.
18th St: Market St. to MLK Jr. Way
19th St: MLK Jr. Way to Harrison St.
20th St: San Pablo Ave. to Lakeside Dr.
27th St: San Pablo Ave. to Harrison St.
27th St: San Pablo Ave. to MLK Jr. Way
35th St: Market St. to MLK Jr. Way
36th St: Market St. to MLK Jr. Way
40th St: All
51st St: Telegraph to Broadway
52nd St: MLK Jr. Way to Telegraph
Project Special Provisions 51 Bid Documents: July 3, 2019 Update

EDIT PROJECT SIGN WITH PROJECT INFORMATION

EMBARCARDERO BRIDGE

REPLACEMENT PROJECT
Between Oak Street and 5th Avenue
START DATE: May 2015 ANTICIPATED COMPLETION DATE: May 2017 MORE INFORMATION:

Please visit us at
www.Oaklandnet.com/Embarcadero
CITY CONTACT INFO:

Resident Engineer: 510-238-2938
After Hours: 510-615-5566
CONTRACTOR:

Flatiron West
510-394-6125
 FHWA BRIDGE PROGRAM
 STATE PROP 1B
 MEASURE B
Project Special Provisions 52 Bid Documents: July 3, 2019 Update Attachment 9A:

Barricade Sign

CITY OF OAKLAND

PARDON OUR DIGGING
Work Description:

NOTES:

1. SIGN SHALL BE 8.5" X 11".

2. SIGN SHALL BE WHITE EXCEPT FOR TREE ICON AND BORDER.

3. TREE ICON AND 0.1” THICK BORDER SHALL BE GREEN.

4. FONT STYLE SHALL BE ARIAL.

5. SIGN SHALL BE SECURED TO TYPE I BARRICADE.

6. SIGN SHALL BE LAMINATED ON CARD STOCK.

7. “CITY PROJECT NUMBER”, “CONSTRUCTION INFORMATION”, “CONTRACTOR NAME AND PHONE NUMBER” TEXT SHALL BE 0.2”.

OAKLAND PUBLIC WORKS DEPARTMENT

BUREAU OF ENGINEERING AND CONSTRUCTION
CITY PROJECT NUMBER:

CONSTRUCTION INFORMATION:

CONTRACTOR NAME AND PHONE NUMBER:

Project Special Provisions 53 Bid Documents: July 3, 2019 Update Attachment 10
Request for Replacement Utility Box for Curb Ramp Work
Subsection 303-5.1.1.a
TO:
 AT&T: Otis Thompson (510) 645-7007
 EBMUD North Yard: Everything North of Broadway to the Berkeley/Emeryville Border; Rick Pinguelo (510) 287-0831; fax (510) 758-6038
 EBMUD South Yard: Everything South of Broadway to San Leandro Border, John Hyden tel (510) 287-0837 / 287-0838 / 287-0839; fax (510) 276-5643  PG&E Electric: Mark Augustin; tel (415) 716-7714; fax (510) 437-2289  PG&E Gas: Mark Augustin; tel (415) 716-7714; fax (510) 437-2289 Intersection Location:
_______________________________________________________________________ Corner (i.e. N, NE, etc.) ___________
Utility Box Dimensions: _________________________________ Contractor Name and Telephone #: __________________________ (____)______________ I certify that a free replacement utility box is needed because  either the existing box was damaged (pre-existing condition), or  the existing box was unavoidably damaged by my crew while exercising due diligence to protect the existing improvements.

Sketch or Comments:
____________________________________________________________________ ____________ Contractor’s Representative Date
__________________________________________
Approved by
City of Oakland Resident Engineer Date
Project Special Provisions 54 Bid Documents: July 3, 2019 Update Attachment 11
Door Hangers

Project Special Provisions 55 Bid Documents: July 3, 2019 Update Attachment 12
Imported Materials Certification Form

PROJECT INFORMATION
Number: ____________ Name: ______________________________________________________________ Location or Street Address: ___________________________________________________________________

CONTRACTOR / SUBCONTRACTOR IMPORTING MATERIAL
Name: ______________________________ Street Address: _______________________________________ City: _______________________ State: ____ Zip Code: ___________ Phone No.: ___________________ Fax No. ____________________ Email: ________________________________________________________

SOURCE AREA OWNER
Name: ______________________________ Street Address: _______________________________________ City: _______________________ State: ____ Zip Code: ___________ Phone No.: ___________________ Fax No. ____________________ Email: ________________________________________________________ IMPORT MATERIAL TYPE (Select One)
□ Soil
□ Aggregate – Not Recycled Specify Type: _________________________________________________ □ Recycled Aggregate Specify Type and Past Uses: __________________________________________ ____________________________________________________________________________________ □ Biosolids
□ Compost
SOURCE AREA LAND USE HISTORY (Check all current and past uses) □ Residential □ Agricultural □ Commercial / Industrial □ None (i.e., virgin undeveloped)

SPECIFICS
Quantity (in cubic yards): ________________ Placement and Use: ____________________________________ ___________________________________________________________________________________________ I hereby certify that the Import Material identified above meets the City of Oakland specifications of Section 211-4 Import Fill Material. I further certify that if the Import Material is determined not to be in compliance with these specifications that I will immediately and diligently remove all out-of-specifications Import Material and dispose of it in accordance with all applicable laws and regulations, conduct necessary sampling to verify that all out-of-specification Import Material has been removed, and verify to the satisfaction of the City and appropriate regulatory agencies that any adverse impacts to surrounding soils, waters or other materials have been mitigated sufficiently. I agree to conduct these activities at my sole expense with no cost to the City.

I declare under penalty of perjury that I am authorized to execute this certification and that the foregoing information is correct.

Signature: ______________________________________________ Date: ____________________________ Printed Name: ________________________________ Title: _______________________________________ Project Special Provisions 56 Bid Documents: October 2022 Attachment 12
Subsection 211-7 Imported Material or Backfill
ADD NEW SUBSECTION 211-7 TO READ:
211-7 IMPORT FILL MATERIAL.

The following subsection shall be used for all City projects where fill material is imported for any purpose. 211-7.1 Definitions.
(1) Import Material: Any fill identified for import to the project site from an offsite location, including but not limited to: soil, gravel, crushed rock, rock dust, crushed concrete, sand, compost and biosolids (organic matter recycled from sewage).
(2) Source Area: The location from which the Import Material originated. (3) Chemical of Concern: Any chemical identified for analysis per 211-7.2.2. (4) Pathogen of Concern: Any pathogen identified for analysis per 211-7.2.2. 211-7.2 General.

1. Import Material Certification. The Contractor shall submit an original, signed copy of the Import Material Certification Form (Attachment 12 at the end of these Special Provisions) to the Engineer at least 15 working days prior to delivering Import Material to the construction site. A separate form shall be submitted for each separate Import Material and Source Area. The Contractor shall attach the following documentation to the Import Material Certification Form:
c. Chemical and Pathogen of Concern analysis results for the Import Material, including laboratory data sheets, chain-of-custody documentation, description of sample collection methods, and any additional information pertinent to assessing the potential for the Import Material to be contaminated by Chemicals or Pathogens of Concern;
d. Class A (pathogen reduction), Exceptional Quality (low heavy metals concentrations) documentation if the Import Material is biosolids.

2. Sampling and Analysis of Import Material. Unless otherwise agreed to in writing by the Engineer, the Contractor shall comply with the sampling, handling and analytical protocol outlined below. a. The Contractor shall collect samples per the frequency outlined in Table 211-7.2(A).

Table 211-7.2(A). Sampling Frequency for Import Material Characterization1 Volume of Import Material Sampling Frequency
< 1,000 cubic yards 1 sample per 250 cubic yards
1,000 to 5,000 cubic yards 4 samples for first 1,000 cubic yards + 1 sample for each additional 500 cubic yards
>5,000 cubic yards 12 samples for first 5,000 cubic yards + 1 sample for each additional 1,000 cubic yards
1Source: Department of Toxic Substances Control, “Information Advisory: Clean Imported Fill Material”, October 2001.

All samples shall be representative of Import Material conditions at the time of import. Composite samples shall be considered acceptable unless analysis for volatile organic compounds (VOCs) is required, in which case individual discrete samples shall be submitted for analysis. Composite samples shall consist of no more than four discrete samples. All compositing of samples must be performed by a California Statecertified laboratory. The sampling, handling, and preservation shall be completed in accordance with the procedures outlined in EPA Document SW-846.
b. All analyses of chemicals and pathogens shall be performed by a California State-certified laboratory.

Table 211-7.2(B) outlines, by Source Area land use history, the Chemicals of Concern and prescribed analytical methods to be followed for characterization of Import Material that is soil or aggregate (not recycled).

Project Special Provisions 57 Bid Documents: October 2022 Table 211-7.2(B). Required Analyses by Source Area Land Use History – Soil and Aggregate (Not Recycled)
Source History Chemicals of Concern + Analytical Methods Virgin, undeveloped property heavy metals (EPA methods 6010B and 7471A); asbestos (OSHA method ID-191)
History of residential use heavy metals (EPA methods 6010B and 7471A); asbestos (OSHA method ID-191); TPH (modified EPA method 8015)
History of agricultural activity heavy metals (EPA methods 6010B and 7471A); asbestos (OSHA method ID-191); TPH (modified EPA method 8015);
organo-chlorine pesticides (EPA method 8081A or 8080A); organo-phosphorus pesticides (PEA method 8141A);
chlorinated herbicides (EPA method 8151A)
History of commercial / industrial
activity
heavy metals (EPA methods 6010B and 7471A); asbestos
(OSHA method ID-191); TPH (modified EPA method 8015);
VOCs (EPA method 8021 or 8260B, as appropriate, and
combined with collection by EPA method 5035); semi-VOCs (EPA method 8270C); PCBs (EPA method 8082 or 8080A)1
1For railroad properties, the Contractor must also analyze Import Material for chlorinated herbicides per EPA method 8151A.

If the Contractor is unable to determine a complete land use history of the Source Area to the satisfaction of the Engineer, the Contractor shall be obliged to undertake all the analyses listed in Table 211-7.2(B).

Table 211-7.2(C) prescribes the analytical methods to be followed for characterization of Import Material that consists of the following recycled products: aggregate (e.g., crushed concrete, asphalt, etc.); compost; and biosolids.

Table 211-7.2(C). Required Analyses – Recycled Material Import Material Chemicals/Pathogens of Concern + Analytical Methods Recycled aggregate heavy metals (EPA methods 6010B and 7471A); asbestos (OSHA method ID-191); TPH (modified EPA method 8015);
PCBs (EPA method 8082 or 8080A)
Compost heavy metals (EPA methods 6010B and 7471A); organochlorine pesticides (EPA method 8081A or 8080A); organophosphorus pesticides (PEA method 8141A); chlorinated herbicides (EPA method 8151A); fecal coliform (EPA method 1680); salmonella (EPA method 1682)1
Biosolids2 heavy metals (EPA methods 6010B and 7471A); semi-VOCs (EPA method 8270C); PCBs (EPA method 8082 or 8080A)
1List of required analyses based on Compost Quality Standards and Testing Protocol, Alameda County Waste Management Authority (2006)
2Biosolids must also have been designated Class A for pathogen reduction.

In addition to meeting the screening criteria outlined in 211-7.3 for the chemicals of concern listed in Table 211-7.2(C) above, all biosolids must:
(1) be designated Class A per 40 CFR 503.8 (i.e., no detectible concentrations of the following pathogens: enteric viruses, fecal coliform, helminth ova, and salmonella); and (2) be designated Exceptional Quality (i.e., low heavy metals concentrations per Table 3 of 40 CFR 503.13).

The Contractor may use sewage plant data to confirm the Class A designation. For Chemicals of Concern, the Contractor must provide data from analyses run on stockpile samples of the actual material to be imported (i.e., general sewage plant data for the Chemicals of Concern listed in Table 211-7.2(C) above are insufficient).

Project Special Provisions 58 Bid Documents: October 2022

3. Verification by City: The City may, at its option and at any time, collect samples of Import Material to verify that it meets the specifications outlined in 211-7. The Contractor shall fully cooperate in the collection of the samples.

If the resulting chemical or pathogen analyses indicate that the material does not meet the specifications outlined in 211-7, the Contractor shall be responsible for providing, to the satisfaction of the Engineer, subsequent sampling and analyses at the Contractor’s sole expense to determine the extent of out-of-specification material delivered to the construction site.

If the Contractor uses Import Material that is, or is found to be, not in accordance with the specifications of 211- 7, the Contractor shall promptly remove all out-of-specification Import Material. The Contractor shall verify, to the satisfaction of the Engineer, that all out-of-specification Import Material has been removed and any effects from its placement at the site have been mitigated sufficiently. The subsequent disposal of the out-ofspecification Import Material shall be the sole responsibility and at the sole expense of the Contractor. The City shall not be liable for, nor will it pay, any additional costs incurred by the Contractor for the characterization, removal, disposal, or replacement of the out-of-specification Import Material. 211-7.3 Screening Levels for Import Material.

1. All Chemicals of Concern, Except Lead. No Import Material with one or more Chemicals of Concern at a concentration greater than the current San Francisco Bay Region Water Quality Control Board Environmental Screening Level (ESL) available at www.waterboards.ca.gov/sanfranciscobay/esl.htm shall be accepted (“Screening for Environmental Concerns at Sites with Contaminated Soil and Groundwater”, Table A).

2. Lead. No Import Material with total lead concentrations at or greater than ten times the Soluble Threshold Limit Concentration (STLC) published in Title 22 of the California Code of Regulations shall be accepted. (As of January 1, 2008, the acceptable total lead concentration is <50 mg/kg.)

3. Pathogens of Concern. No Import Material with one or more Pathogens of Concern at detectable levels shall be accepted.

Courtland Creek Restoration Project Technical Specifications December 6, 2022
1 SECTION 010000 - GENERAL REQUIREMENTS ..................................................................... 3 SECTION 017113 - MOBILIZATION .......................................................................................... 6 SECTION 022100 - SURVEYS ................................................................................................... 10 SECTION 024000 - DEMOLITION AND STRUCTURE MOVING ......................................... 13 SECTION 033000 - CONCRETE STRUCTURES ...................................................................... 15 SECTION 033700 - SHOTCRETE .............................................................................................. 18 SECTION 036000 – ANNULAR SPACE GROUTING .............................................................. 19 SECTION 310000 – EARTHWORK ........................................................................................... 20 SECTION 311000 – SITE CLEARING ....................................................................................... 35 SECTION 311300 – TREE REMOVAL ...................................................................................... 46 SECTION 312319 – DEWATERING .......................................................................................... 49 SECTION 313400 – SOIL REINFORCEMENT ......................................................................... 57 SECTION 315300 – LOG CRIB WALLS ................................................................................... 65 SECTION 321600 – CURBS, GUTTERS, SIDEWALKS AND DRIVEWAYS ........................ 67 SECTION 323300 – SITE FURNISHINGS ................................................................................. 70 SECTION 328000 – SITE IRRIGATION .................................................................................... 78 SECTION 329000 – PLANTING ................................................................................................. 84 SECTION 329219 – SEEDING.................................................................................................... 93 SECTION 330533 – HIGH DENSITY POLYETHYLENE (HDPE) PIPE ................................. 97 SECTION 354237 – RIPRAP BANK PROTECTION ................................................................ 98 Courtland Creek Restoration Project Technical Specifications December 6, 2022
2 Courtland Creek Restoration Project Technical Specifications December 6, 2022
GENERAL REQUIREMENTS 010000
3 SECTION 010000 - GENERAL REQUIREMENTS
PART 1 - GENERAL

1.1 SUMMARY
A. This section will reference general work provisions, permitting requirements to be followed by the contractor, general schedule of work, allowable operating hours, the prevailing wage requirement

1.2 REFERENCES
A. Regulatory Requirements Section (including all the permits listed in that Section) B. Standard Specifications, APWA Greenbook, 2015 Edition, Part 1 - General Provisions and City of Oakland Special Provisions
C. The payment of prevailing wages is required for this Work, and it is the Contractor’s responsibility to adhere to the laws related to this requirement.

1.3 SUBMITTALS
A. The Contractor shall submit a Work Plan to the Engineer detailing the proposed schedule and sequencing, and identify a point of contact who will act as the Contractor’s representative for the duration of the work.

1.4 QUALITY ASSURANCE
A. The Contractor’s Representative shall meet with the Owner’s Representative on at minimum a weekly basis to discuss the progress of work, the schedule milestones, regulatory requirement compliance, requests for information, progress payments, and project close out.

1.5 EXECUTION
A. The General Provisions from the Standard Specifications, APWA Greenbook, 2015 Edition Part 1 and City of Oakland Special Provisions will be adhered to during the exception of this project.

B. The Contractor shall submit the materials identified in this section, and participate in weekly meetings with the Owner’s Representative. It is the Contractor’s responsibility to provide a safe and secure work site, to meet all regulatory requirements, and to comply with the allowable construction periods in the project permits.

Courtland Creek Restoration Project Technical Specifications December 6, 2022
GENERAL REQUIREMENTS 010000
4 C. Construction period: as early as June 15 (pending permit requirements) through September 30.

D. Construction hours: Monday through Saturday 7am – 7pm.

PART 2 - REGULATORY REQUIREMENTS

2.1 SUMMARY
A. This section specifies requirements for compliance with regulatory requirements.

2.2 REFERENCES
A. Regional Water Quality Control Board 401 Permit
B. California Department of Fish and Wildlife Lake and Streambed Alteration Agreement C. U.S. Army Corps of Engineers 404 Permit
D. City of Oakland Tree Removal Permit
E. City of Oakland Creek Protection Permit
F. City of Oakland Grading Permit

2.3 QUALITY ASSURANCE
A. The permitting and Regulatory Agencies and the Engineer have the authority to stop work on the project if the Contractor is out of compliance with the Regulatory Requirements.

Any work associated with compliance with the regulatory requirements, or delay or expenses incurred are the responsibility of the Contractor unless they are caused by circumstances outside the Contractor’s control (for example, additional work and delay associated with sub-surface discovery of cultural resources).

2.4 EXECUTION
A. The Owner will provide all of the permits to the Contractor prior to construction. It is the Contractor’s responsibility to comply with all Regulatory Requirements for the project.

PART 4 MEASUREMENT
A. Work under this section will not be separately measured for payment.

PART 5 PAYMENT
Courtland Creek Restoration Project Technical Specifications December 6, 2022
GENERAL REQUIREMENTS 010000
5 A. No separate payment will be made for work covered under this section. Full compensation for all costs in connection with this work shall be included in the contract price for related work.

END OF SECTION 010000
Courtland Creek Restoration Project Technical Specifications December 6, 2022
MOBILIZATION 017113
6 SECTION 017113 - MOBILIZATION
PART 1 GENERAL

1.1 SUMMARY
A. Mobilization shall conform to City “Mobilization” of the Standard Specifications. It includes mobilization of equipment and materials, construction fencing and silt fencing as needed, utility location/avoidance, clearing and grubbing, preparing site access roads, site restoration, and preparing temporary access roads. Full compensation of this bid item of work shall be considered as included in the prices paid for mobilization and for the various items of work and no additional compensation will be provided therefor.

B. Contractor shall adhere to the conditions of all regulatory permits obtained for agencies including but not limited to, the California Department of Fish & Wildlife, Regional Water Quality Control Board, and U.S. Army Corps of Owner’s Representatives.

C. The contractor shall develop and implement a Stormwater Pollution Prevention Plan (SWPPP; as required by State Water Resources Control Board Order 2009-0009-DWQ). SWPPP will be prepared by a certified Qualified SWPPP Developer (QSD) and contractor will provide all measures noted in the SWPPP.

D. All disturbed areas shall be restored to their original conditions. The contractor shall be responsible for planting as shown in the project drawings, and seeding and final mulching as needed.

E. The contractor shall develop and submit a traffic control plan to be reviewed and approved by the City of Oakland. The plan should outline control of road traffic; identification of any proposed street parking spaces that are needed for equipment fueling, maintenance or support to the construction; signage; and control of pedestrian trail traffic including times of closure and access.

PART 2 PRODUCTS
A. Not used.

PART 3 EXECUTION

3.1 SUMMARY
A. Contractor is responsible for securing a project mobilization/staging area. Contractor shall provide Owner’s Representative with plan for utilization of mobilization/staging at time of Courtland Creek Restoration Project Technical Specifications December 6, 2022
MOBILIZATION 017113
7 submittal of project schedule, including any additional traffic signage and fencing details, and site access and safety considerations.

3.2 STAGING AREAS
A. Contractor is advised of the necessity to restrict his/her activities only to those staging areas and work areas shown on the Plans, or proposed by Contractor, unless otherwise authorized by Owner’s Representative. All disturbed and damaged areas must be repaired by Contractor.

3.3 CLEARING AND GRUBBING
A. See Section 311000 SITE CLEARING
B. This work item is for the clearing and removal of vegetation and incidental debris (rubble, garbage, etc.) necessary for site preparation and access. All debris shall be disposed of properly at approved landfill or following the City of Oakland recycling standards..

C. The contractor shall conduct a preconstruction meeting with the owner, consultants, and concerned entities to review and approve all tree and vegetation protection and removal/trimming procedures and plans. Contractor is to verify trees to be removed, and tag the trees for approval by Owner’s Representative. All necessary pruning and tree removal shall be kept to a minimum and done in a professional manner. Pruning on trees that are to remain shall be done with care to avoid damage to the tree. Contractor is responsible for disposal of all trees including tree trimmings.

D. Contractor shall inspect the site and be familiar with the requirements and growth habits of existing plant material to be trimmed or removed. Contractor shall provide and maintain all equipment necessary to properly complete the pruning or tree removal work. For reconstructed slopes, tree removal includes the root-wad. Equipment shall be safe and efficient, and all cutting blades shall be kept clean and properly sharpened to avoid spread of disease. All equipment shall be equipped with required safety devices. Owner’s Representative shall be notified 48-hours prior to any necessary tree removal.

E. Tree pruning shall be done using accepted practices and trees shall not be “headed” or “hedged” which alters the natural form of the tree. Where possible, remove branches at the main trunk beyond branch bark ridges. Stub cuts are not acceptable. When pruning, make sure that pruning cuts are balanced so that the stability of the tree is not jeopardized. Minimize all pruning cuts to avoid unnecessary damage to vegetation.

3.4 ACCESS AND MAINTAINING ACCESS
A. No area within the contract limits is available for the exclusive use of Contractor. Use of Contractor’s work areas and any mobilization areas shall be at Contractor’s own risk, and the Courtland Creek Restoration Project Technical Specifications December 6, 2022
MOBILIZATION 017113
8 property owner shall not be held liable for any damage or loss of materials or equipment located within such areas.

B. Contractor shall take care to minimize pavement damage. Construction entrances and new temporary access roads and storage areas including fencing shall be constructed as necessary. New access roads, storage areas, fencing and construction entrances shall only be permitted in locations shown on the Plans, or as approved by Owner’s Representative

3.5 AVOIDANCE OF SENSITIVE AREAS
A. Contractor shall mark the boundaries of the designated work areas with a fixed and continuous temporary barrier consisting of silt/bio fencing or other material as approved by Owner’s Representative that will prevent disturbance by Contractor’s equipment and activities outside of work areas. The temporary barrier shall remain in place for the duration of the project, to avoid creek disturbance and intrusion into private property outside of work zones, and/or beyond the limit of work.

B. All banks adjacent to work areas shown on the Plans shall be protected from erosion to assure that any earthwork or site grading minimizes disturbance to the creek area. Silt fences and/or other erosion control measures shall be used at strategic points at all times to assure that the creek is not impacted by construction activities.

C. Contractor shall conform to the protocols established in this document to ensure the avoidance of disturbance to endangered species that may inhabit the job site. These protocols shall be observed and coordinated with Owner’s Representative with appropriate procedures submitted prior to creek work.

D. Contractor shall install tree protection fencing around tree protection zones under direction of contractor's arborist to protect remaining trees and vegetation from construction damage. Maintain tree protection fencing until all site work has been completed and remove when construction is complete.

3.6 CONSTRUCTION AREA SIGNS
A. Construction area signs shall be furnished, installed, maintained, and removed when no longer required. These shall conform to City of Oakland’s standard set forth in their standard specifications. Four signs in total will be placed within the project area: two signs in the Brookdale Reach–one at Brookdale Ave and one at Fairfax Ave; one sign at the upstream end of the Congress Reach at Congress Avenue; and one sign at the upstream end of the Thompson Reach at San Carlos Ave.

Courtland Creek Restoration Project Technical Specifications December 6, 2022
MOBILIZATION 017113
9 B. The signs shall have a minimum dimension of 2 ft x 3 ft x ½ inch plywood and bolted to a 4 x 4 posts shall be furnished and installed by Contractor at the site. Letter and numbers shall be black on a white background. The sign information shall be as shown below:

TEMPORARY PARK AND TRAIL CLOSURE

DO NOT DISTURB

COURTLAND CREEK RESTORATION PROJECT
Expected Completion Date: X 2023
C. Any construction area traffic control signs will be installed prior to start of construction and maintained in place for the duration of the project by Contractor. Signs shall be repaired or replaced at no cost, if damaged or stolen. Contractor shall remove the signs and posts at the completion of the project and with prior approval of Owner’s Representative.

4. MEASUREMENT
A. MOBILIZATION will be measured lump sum, as determined by adherence to all items shown on the Plans, details in these Special Provisions, and direction from the City of Oakland and the Owner’s Representative.

5. PAYMENT
A. Payment for mobilization will be made at the lump sum contract price bid for MOBILIZATION, as set forth on the BID SCHEDULE. The contract price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in installing, maintaining, removing and disposing of the temporary barriers, erosion control features, signs, as well as constructing any necessary access road, and for avoidance of sensitive species, as shown on the Plans, as specified herein and in the Standard Specifications, as required by the permits, and as directed by the Owner’s Representative END OF SECTION 017113
Courtland Creek Restoration Project Technical Specifications December 6, 2022
SURVEYS 022100
10 SECTION 022100 - SURVEYS
PART 1 GENERAL

1. SUMMARY

1. Contractor shall be responsible for all construction surveying and layout.

In accordance with Chapter 15, Article 3, and Section 8726 (a) and (b) of the Business and Professions Code, all engineering surveying shall be done under the direct supervision of a California Professional Land Surveyor (or a person registered to practice Land Surveying in the State of California).

2. The survey control information is as shown on the Plans, and is available from the Owner’s Representative.

3. The Contractor shall provide to the Owner’s Representative at the preconstruction meeting the name, address, phone number and the registration number of the Professional Land Surveyor who will be in responsible charge for construction staking and monument preservation.

The Land Surveyor shall be responsible for the correct determination of all lines, grades, distances and elevations, and property easement lines.

4. All products and services provided by the Contractor’s surveyor shall be done in conformance with the Professional Land Surveyors Act, Sections 8700 to 8805, Business and Professions Code, State of California. The Contractor shall provide to the Owner’s Representative at the preconstruction meeting the name, address, phone number and the registration number of the Professional Land Surveyor who will be responsible for construction staking and monument preservation

5. Contractor shall be responsible for layout of all improvements. The City may make minor adjustments to alignment to suit actual field conditions at no extra cost.

6. The Contractor’s surveyor shall coordinate with the City Surveyor regarding such items as survey control, monuments, benchmarks, presentation products and other matters related or pertaining to survey issues.

7. The Contractor’s surveyor shall certify by signature and seal all survey documents (cut sheets, staking diagrams, subgrade certifications, concrete Courtland Creek Restoration Project Technical Specifications December 6, 2022
SURVEYS 022100
11 form certifications, and field notes) and deliver five (5) copies to the City two (2) working days prior to commencement of any particular construction work. The City will review survey documents for acceptable format and will provide the Contractor with three (3) copies of survey documents.

8. The Contractor’s surveyor shall re-establish all existing control points damaged or removed during construction outside the work area including filing of any required corner record maps within Alameda County at no additional cost to City.

9. The City reserves the right to perform quality control surveys to ensure conformance with contract Special Provisions as deemed necessary or appropriate by the City Surveyor or City Inspector. Contractor shall render whatever assistance necessary to allow access by City Survey Crew at no additional cost to City.

10. The Plans as needed for layout shall be provided in an electronic format (AutoCAD version 2010) as a courtesy to the layout surveyor. The City will not be responsible for any modifications to the electronic files by others or for any errors or omissions found within the files. The delivery of the electronic files does not constitute the official contract Plans or drawings. In the event of any questions or discrepancies between the electronic Plans files and the approved Plans, the paper Plans will prevail.

11. The Contractor shall be responsible for protecting and perpetuating existing and any new permanent survey monuments affected by construction activities in accordance with Business and Professions Code Section 8771. The Contractor shall be responsible for referring, resetting, and filing of corner records for all survey monuments disturbed or destroyed by construction activities in accordance with Business and Professions Code Section 8771.

12. Contractor is also responsible for performing quality control survey at the direction of the Owner’s Representative, and providing written and electronic records of measurements upon request by the City or Owner’s Representative.

PART 2 PRODUCTS
B. Not used.

Courtland Creek Restoration Project Technical Specifications December 6, 2022
SURVEYS 022100
12 PART 3 EXECUTION
C. Not used.

PART 4 MEASUREMENT
D. Construction Surveying and Stakeout will be measured lump sum, as determined by adherence to all items shown on the Plans, details in these Special Provisions, and direction from the City of Oakland and the Owner’s Representative.

PART 5 PAYMENT
E. Payment for Construction Surveying and Stakeout will be made at the lump sum contract price bid for SURVEYS, as set forth on the BID SCHEDULE. The contract price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in performing construction surveys, complete in place, including protecting and re-establishing existing control points within project limits, as shown on the Plans, as specified herein and in the Standard Specifications, as required by the permits, and as directed by the Owner’s Representative.

END OF SECTION 022100
Courtland Creek Restoration Project Technical Specifications December 6, 2022
DEMOLITION AND STRUCTURE MOVING 024000
13 SECTION 024000 - DEMOLITION AND STRUCTURE MOVING
PART 1 GENERAL

1. SUMMARY

1. The work performed in connection with various existing facilities shall conform to the provisions in the City of Oakland Standard Specifications and these Special Provisions.

2. Removed materials that are not to be salvaged or used in the reconstruction shall become the property of the Contractor and shall be disposed of in conformance with the provisions in the City of Oakland Standard Specifications.

PART 2 PRODUCTS
B. Not applicable.

PART 3 EXECUTION
C. Concrete, debris, and asphalt, where shown on the Plans to be removed, shall be removed and disposed of. Attention is directed to Section 311000, "Site Clearing" and Section 19-1.03D, "Removal and Disposal of Buried Man-Made Objects," of the City of Oakland Standard Specifications and these Special Provisions. Removed concrete shall be disposed of offsite in conformance with the City of Oakland Standard Specifications at an appropriate refuse disposal location.

PART 4 MEASUREMENT
D. Demolition and Off-haul will be measured lump sum, as determined by adherence to all items shown on the Plans, details in these Special Provisions, and direction from the City of Oakland and the Owner’s Representative.

PART 5 PAYMENT
E. Payment for Demolition and Off-haul will be made at the lump sum contract price bid for DEMOLITION AND STRUCTURE MOVING as set forth on the BID SCHEDULE. The contract price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in demolition and off-haul, as shown on the Plans, as specified herein and in the Standard Specifications, as required by the permits, and as directed by the Owner’s Representative.

Courtland Creek Restoration Project Technical Specifications December 6, 2022
DEMOLITION AND STRUCTURE MOVING 024000
14 END OF SECTION 024000
Courtland Creek Restoration Project Technical Specifications December 6, 2022
CONCRETE STRUCTURES 033000
15 SECTION 033000 - CONCRETE STRUCTURES
PART 1 GENERAL

1.1 SUMMARY
A. This item includes furnishing and installing the concrete ramp addition to the Alameda County Flood Control and Water Conservation District Diversion Structure and shall be complied with as specified in the Standard Specifications, the Plans, and these Special Provisions.

B. Shotcrete shall not be used as an alternative construction method for reinforced concrete members unless otherwise specified.

C. Reinforcement shall conform to the provisions in Sections 201 and 303 of the City of Oakland Standard Specifications, APWA 2015 Greenbook.

1.2 SUBMITTALS
A. Zone 12 Project (Line G) FC12-124 Bypass in Courtland Avenue, County of Alameda Public Works Agency
PART 2 PRODUCTS
A. Portland cement concrete shall conform to the provisions in Section 201, "Portland Cement Concrete," of the Standard Specifications and these Special Provisions.

B. Reinforcement

1. #4 Steel Reinforcement Rebar
PART3 EXECUTION
C. The City of Oakland maintains a list of sources of fine and coarse aggregate that have been approved for use with a reduced amount of mineral admixture in the total amount of cementitious material to be used. A source of aggregate will be considered for addition to the approved list if the producer of the aggregate submits to the Transportation Laboratory certified test results from a qualified testing laboratory that verify the aggregate complies with the requirements. Prior to starting the testing, the aggregate test shall be registered with the Department. A registration number can be obtained by calling (916) 227 -7228. The registration number shall be used as the identification for the aggregate sample in correspondence with the City of Oakland. Upon request, a split of the tested sample shall be provided to the Department.

Approval of aggregate will depend upon compliance with the specifications, based on the Courtland Creek Restoration Project Technical Specifications December 6, 2022
CONCRETE STRUCTURES 033000
16 certified test results submitted, together with any replicate testing the Department may elect to perform. Approval will expire 3 years from the date the most recent registered and evaluated sample was collected from the aggregate source.

D. Qualified testing laboratories shall conform to the following requirements:

1. Laboratories performing ASTM Designation: C 1293 shall participate in the Cement and Concrete Reference Laboratory (CCRL) Concrete Proficiency Sample Program and shall have received a score of 3 or better on all tests of the previous 2 sets of concrete samples.

2. Laboratories performing ASTM Designation: C 1260 shall participate in the Cement and Concrete Reference Laboratory (CCRL) Pozzolan Proficiency Sample Program and shall have received a score of 3 or better on the shrinkage and soundness tests of the previous 2 sets of pozzolan samples.

E. Aggregates on the list shall conform to one of the following requirements:

1. When the aggregate is tested in conformance with the requirements in California Test 554 and ASTM Designation: C 1293, the average expansion at one year shall be less than or equal to 0.040 percent; or

2. When the aggregate is tested in conformance with the requirements in California Test 554 and ASTM Designation: C 1260, the average of the expansion at 16 days shall be less than or equal to 0.15 percent.

F. The amounts of cement and mineral admixture used in cementitious material shall be sufficient to satisfy the minimum cementitious material content requirements and shall conform to the following:

1. The minimum amount of cement shall not be less than 75 percent by weight of the specified minimum cementitious material content.

2. The minimum amount of mineral admixture to be combined with cement shall be determined using one of the following criteria:

1. When the calcium oxide content of a mineral admixture is equal to or less than 2 percent by weight, the amount of mineral admixture shall not be less than 15 percent by weight of the total amount of cementitious material to be used in the mix.

2. When the calcium oxide content of a mineral admixture is greater than 2 percent by weight, and any of the aggregates used are not listed on the Courtland Creek Restoration Project Technical Specifications December 6, 2022
CONCRETE STRUCTURES 033000
17 approved list as specified in these Special Provisions, then the amount of mineral admixture shall not be less than 25 percent by weight of the total amount of cementitious material to be used in the mix.

3. When the calcium oxide content of a mineral admixture is greater than 2 percent by weight and the fine and coarse aggregates are listed on the approved list as specified in these Special Provisions, then the amount of mineral admixture shall not be less than 15 percent by weight of the total amount of cementitious material to be used in the mix.

4. When a mineral admixture that conforms to the provisions in Section 201-

1.2.4, "Admixture Materials," of the Standard Specifications is used, the amount of mineral admixture shall not vary more than 5 percent from the quantity specified. Additional SCMs may be used to obtain high early strength; total amount of cement shall not exceed 700 pounds per cubic yard unless otherwise approved by the engineer.

PART 4 MEASUREMENT
A. Concrete Structures will be measured lump sum, as determined by adherence to all items shown on the Plans, details in these Special Provisions, and direction from the City of Oakland and the Owner’s Representative.

PART 5 PAYMENT
A. Payment for CONCRETE STRUCTURES will be made at the lump sum contract price bid for bifurcation ramp, as set forth on the BID SCHEDULE. The contract price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved, as shown on the Plans, as specified herein and in the Standard Specifications, as required by the permits, and as directed by the Owner’s Representative.

END OF SECTION 033000
Courtland Creek Restoration Project Technical Specifications December 6, 2022
SHOTCRETE 033700
18 SECTION 033700 - SHOTCRETE
PART 1 - GENERAL

1.01 SUMMARY
A. Shotcrete work shall conform to the provisions in Section 303-2, “Air-Placed Concrete” of Standard Specifications.

B. Work shall include, but not be limited to, preparation of the surface to receive shotcrete, furnishing and placing concrete anchors, reinforcing steel, and shotcrete as shown on the Plans.

PART 2 - PRODUCTS
A. Shotcrete shall have a minimum compressive strength as shown on the Plans.

PART 3 - EXECUTION
A. Reinforcing steel shall be placed as shown on the Plans prior to placement of shotcrete.

B. Shotcrete facing shall have a minimum thickness as shown on the plans.

PART 4 - MEASUREMENT
A. The bid item “Shotcrete” will be measured for payment by the cubic yard (CY) as determined from the dimensions shown on the plans adjusted by the amount of any change ordered by the Engineer.

PART 5 - PAYMENT
A. The Contract price bid per cubic yard (CY) for “Shotcrete” shall include full compensation for furnishing all labor, material, tools, equipment, and incidentals and for doing all work associated with this item as shown on the Plans and as specified in the Standard Specifications and these Technical Specifications. No compensation will be allowed for material placed in excess of the dimensions shown on the plans.

END OF SECTION 033700
Courtland Creek Restoration Project Technical Specifications December 6, 2022
ANNULAR SPACE GROUTING 036000
19 SECTION 036000 – ANNULAR SPACE GROUTING
PART 1 - GENERAL

1.01 SUMMARY
A. Annular Space Grouting work shall conform to the provisions in Section 307-2.8, “Pressure Grouting of Voids”, Section 500-1.3.7, “Annular Space Grouting”, Section 500-1.5.7, “Annular Space Grouting” and Section 500-3, “Annular Space Grouting” of the Standard Specifications.

PART 2 - PRODUCTS
A. Grout shall have a minimum compressive strength as shown on the Plans.

PART 3 - EXECUTION
A. The annular space between the HDPE pipe and the existing concrete culvert and culvert pieces shall be completely grouted to support the existing culvert and culvert pieces and to provide long-term stability. The space between the existing concrete culvert and culvert pieces shall be completely grouted. The voids outside the existing culvert shall be completely grouted.

PART 4 - MEASUREMENT
A. The bid item “Annular Space Grouting” will be measured for payment by the cubic foot (CF) based on the amount shown in the bid list and as adjusted by any change ordered by the Engineer.

PART 5 - PAYMENT
A. The Contract price bid per cubic FOOT (CF) for “Annular Space Grouting” shall include full compensation for furnishing all labor, material, tools, equipment, and incidentals and for doing all work associated with this item as shown on the Plans and as specified in the Standard Specifications and these Special Provisions. No compensation will be allowed for material placed in excess of the dimensions shown on the plans.

END OF SECTION 036000
Courtland Creek Restoration Project Technical Specifications December 6, 2022
EARTHWORK 310000
20 SECTION 310000 – EARTHWORK
PART 1 GENERAL

1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General Conditions and Special Provisions, and other Technical Specification Sections apply to this Section.

B. Geotechnical Design Memorandum (August 2022) prepared by Cal Engineering and Geology

1.2 SUMMARY
A. This Section includes the following:

1. Preparing subgrades for concrete site improvements, paths, site boulders, and plants

2. Excavation, transport and disposal of soils (non-hazardous) from project area

3. Excavating and backfilling for site improvements

4. Excavating and processing of Excavated Creek Bed Material for screening, sorting, stockpiling, and reuse

5. Subgrade and base courses for asphalt and concrete site work

6. Excavating and backfilling for trenches

7. Installation of aggregate materials

8. Installation of Accessible Surface (GraniteCrete paving)

9. Installation of Mulch Path (Maintenance Access)
B. Related Sections include the following:

1. Division 2 Section 311000 "Site Clearing".

2. Division 2 Section 328000 "Irrigation"

3. Division 2 Section 312319 "Dewatering"

4. Division 2 Section 354237 "Riprap Bank Protection"
Courtland Creek Restoration Project Technical Specifications December 6, 2022
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21 1.3 DEFINITIONS
A. Owner or City refers to the City of Oakland, which is the lead agency. Owner or Owner’s Representative (O.R.) for the project refers to the City of Oakland Engineer or associates or agents.

B. Backfill: Soil material used to fill an excavation

1. Initial Backfill: Backfill placed beside and over pipe in a trench, including haunches to support sides of pipe

2. Final Backfill: Backfill placed over initial backfill to fill a trench C. Base Course: Course placed between the subgrade and asphalt, decomposed granite path, aggregate, or concrete site improvements
D. Bedding Course: Course placed over the excavated subgrade in a trench before laying pipe or sleeve.

E. Class II Permeable Material: Caltrans Specification for permeable material F. Borrow Soil: Satisfactory soil imported from off-site for use as fill or backfill G. In-Channel: Active Channel, Floodplain, and Banks
H. In-Channel Work: Earthwork, use of heavy equipment, grading, demolition, and placement of fill in the creek channel
I. Excavation: Removal of material encountered above finished and subgrade elevations and to lines and dimensions indicated

1. Authorized Additional Excavation: Excavation below subgrade elevations or beyond indicated lines and dimensions as directed by O.R. Authorized additional excavation and replacement material will be paid on an extra work basis in accordance with the provisions of the Contract.

2. Unauthorized Excavation: Excavation below subgrade elevations or beyond indicated lines and dimensions without direction by O.R. Unauthorized excavation and required replacement to grade with import soil shall be made without additional compensation.

J. Structures: Buildings, footings, foundations, retaining walls, slabs, tanks, curbs, mechanical and electrical appurtenances, or other man-made stationary features constructed above or below the ground surface.

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22 K. Subgrade: Surface or elevation remaining after completing excavation, or top surface of a fill or backfill immediately below base course, drainage fill, or topsoil materials.

L. Utilities: On-site underground pipes, conduits, ducts, and cables, as well as underground services within buildings.

M. Native Soil: Existing site soil
N. Engineered Streambed Material (ESM): Imported fill material composed of gravel and fines, suitable for use as streambed fill.

O. Excavated Creek Bed Material: Raw material removed from channel bed prior to sorting.

P. Excavated Spoils: Rejected Excavated Creek Bed Material after sorting. To be disposed of off-site.

Q. Salvaged General Bed Material: Retained Excavated Creek Bed Material after sorting. To be reused on-site.

R. General Fill: Existing site soil selected from the excavations with the approval of the Soils Engineer, excluding only the black and dark brown expansive clays.

S. Select Fill: Imported soil materials used for select fill under structural elements (concrete paving, paved trails) and as backfill where General Fill is unsuitable.

T. Planting Soil: Imported Topsoil for amending planting areas U. Mulch Trail: Excavated walking trail, surfaced with mulch

1.4 SUBMITTALS
A. Submittal Package: All submittals in this specification section (excluding re-submittals) shall be compiled together and submitted to O.R. as one package.

B. Product Data: For the following:

1. Each type of plastic warning tape

2. Controlled low-strength material, including design mixture

3. Aggregate Base Course, Class II Permeable Material, Drain Rock, and Bedding Course

4. Drainage products: pipe, inlets, fabric (if required) Courtland Creek Restoration Project Technical Specifications December 6, 2022
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23 C. Material Test Reports: From a qualified testing agency indicating and interpreting test results for compliance of the following with requirements indicated:

1. Engineered Streambed Material
D. Pre-excavation Photographs: Per specifications, submit digital photographs (1mb min. size each) on CD showing existing conditions of adjoining construction and site improvements, including finish surfaces that might be misconstrued as damage caused by earthwork operations. Submit before earthwork begins.

E. Specifications and certification sheets on Select Fill material.

1.5 QUALITY ASSURANCE
A. Geotechnical Testing Agency Qualifications: An independent testing agency qualified according to ASTM E 329 to conduct soil materials and rock-definition testing, shall be provide by Owner (ASTM D 3740 and ASTM E 548). See Special Provisions for special conditions of payment.

B. Pre-excavation Meeting: Conduct meeting at Project site to comply with specified requirements.

1.6 PROJECT CONDITIONS
A. General site conditions

1. Site soil conditions are documented in the Geotechnical Design Memorandum (August 2022) prepared by Cal Engineering and Geology.

2. Contractor is responsible for soil testing and coordinating with local landfill for disposal.

B. Soils and Geotechnical Reports: Data on indicated subsurface conditions are not intended as representations of warranties of accuracy or continuity between soil borings. The Owner shall not be responsible for interpretations or conclusions drawn by Contractor from these Reports. Additional test borings and other exploratory operations may be made by the Contractor at no cost to Owner.

C. Geotechnical Engineering Observation: Contractor shall notify project geotechnical engineer through O.R. and schedule site excavation observation visit at the beginning of the work. After excavation of the slope, the Geotechnical Engineer shall observe the materials exposed in the cuts. Areas that exhibit loose, weak, wet, badly cracked, or compressible surface soils shall be further prepared by sub-excavating the unsuitable material until firm materials are Courtland Creek Restoration Project Technical Specifications December 6, 2022
EARTHWORK 310000
24 encountered. The depths of these excavations shall be determined by the Geotechnical Engineer. Benches shall be cut into the ground to prepare the surface prior to receiving fill for the slope rebuilding. Fill materials used to rebuild the slope shall conform to Select Fill as specified. Select Fill for the slope rebuilding shall be compacted to at least 90% relative compaction as per ASTM D1557, except for the top 6 inches of the slope surface, the compaction effort can be reduced to 90% relative compaction per ASTM D1557 to allow for roots of vegetation to take hold.

D. Existing Utilities: Do not interrupt utilities serving facilities occupied by Owner or others unless permitted in writing by O.R. and then only after arranging to provide temporary utility services according to requirements indicated.

1. Notify O.R. not less than two days in advance of proposed utility interruptions.

2. Do not proceed with utility interruptions without O.R. written permission.

3. Contact utility-locator service for area where Project is located and mark all utilities within the project limits before excavating.

4. Notify O.R. of completion of Utility Locator’s services prior to excavating.

E. Demolish and completely remove from site existing underground utilities indicated to be removed. Coordinate with utility companies to shut off services if lines are active. Demolish and completely remove from site existing concrete and debris. Salvage removed existing irrigation materials.

PART 2 PRODUCTS

2.1 SOIL AND AGGREGATE MATERIALS
A. General: Provide imported borrow soil materials for all fill.

B. Satisfactory Soils: ASTM D 2487 Soil Classification Groups GW, GP, GM, GC, SW, SP, SC, SM, CL and ML; free of rock or gravel larger than 3-inches in any dimension, debris, waste, vegetation, and other deleterious matter.

C. Unsatisfactory Soils: ASTM D 2487 Soil Classification Groups OL, OH, CH, MH, and PT.

1. Unsatisfactory soils also include satisfactory soils not maintained within 4percent of optimum moisture content at time of compaction.

D. Base Course: Shall conform to Caltrans Class II aggregate base specification, latest edition. Naturally or artificially graded mixture of natural or crushed gravel, crushed Courtland Creek Restoration Project Technical Specifications December 6, 2022
EARTHWORK 310000
25 stone, and natural or crushed sand; ASTM D 2940; with at least 95 percent passing a 1½- inch sieve and not more than 8 percent passing a No. 200 sieve. For use under built improvements, paving, concrete footings, log installations, etc. as noted on the Plans.

E. Excavated Creek Bed Material: Raw material removed from channel bed prior to sorting.

F. Excavated Spoils: Rejected Excavated Creek Bed Material after sorting. Concrete remnants, debris, material >1-inch, etc.

G. Salvaged General Bed Material: Retained Excavated Creek Bed Material after sorting. Mechanically and hand sorted to remove organic material, and concrete and non-native debris larger than 2-inches.

H. General Fill: Native soil from site for use as general site fill for the old creek channel and at locations with final slopes less than 2:1.

I. Select Fill: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and natural or crushed sand; ASTM D 2940; with at least 90 percent passing a 1½-inch sieve and at least 30 percent passing a No. 200 sieve. No presence of chemicals or heavy metals. Fill placed at the site, shall not contain rocks or lumps larger than 3-inches in greatest dimension and shall contain no more than 15 percent rocks larger than 2½-inches. Acceptable materials include (per ASTM D2488) SC, SM, GM (with a minimum of 30 percent fines in the sands and/or gravels), GC, CL, and ML.

J. Bedding Course: Naturally or artificially graded mixture of natural or crushed gravel, crushed stone, and natural or crushed sand; ASTM D 2940; except with 100 percent passing a 1- inch sieve and not more than 8 percent passing a No. 200 sieve.

K. GraniteCrete (Aggregate Surface):

1. GraniteCrete or approved equal. GraniteCrete, Inc. 419 Webster St, Suite 202, Monterey, CA 93940

2. Crushed granite aggregate (approximately 3/8" minus) per GraniteCrete recommendations. Sonoma Adobe color from an approved, local Bay Area supplier (American Soil & Stone or approved equal). Aggregate sample shall be submitted to Owner and GraniteCrete for review and approval for use. Combine aggregate with GraniteCrete stabilizer product in quantities as recommended by the manufacturer to complete the work for commercial installations.

L. Class 2 Permeable: Caltrans Specification Section 68 M. Timber
Courtland Creek Restoration Project Technical Specifications December 6, 2022
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26 a. Eucalyptus Landscape Timber from Greenwaste Recycle Yard or approved equal.

N. Mulch
a. General Site Mulch: weed-free mulch from recycled on-site downed trees; shredded with chips no larger than 3-inches in length and 1-1/2 inches in width. Species can include buckeye, oak, eucalyptus, cottonwood, pine, and willow. Mulch must not contain acacia, plum (prunus) or other weedy and invasive species.
b. Mulch: weed-free mulch from recycled on-site downed trees. Similar to General Site Mulch but free of Eucalyptus; shredded chips no larger than 3/4- inch in any dimension.

2.2 FILTER FABRIC AND GEOTEXTILE FABRIC (IF REQUIRED, NOT IN BASE BID) A. Filter Fabric: Caltrans Specifications, Section 88, Engineering Fabrics. 100% polypropylene, non-woven, needle punched engineering fabric, Mirafi or approved equal.

B. Geotextile Fabric: Mirafi 500X or approved equal

2.3 DETECTABLE WARNING TAPE
A. Acid-and alkali-resistant polyethylene film warning tape manufactured for marking and identifying underground utilities, a minimum of 6-inches wide and 4 mils. thick, continuously inscribed with a description of the utility, with metallic core encased in a protective jacket for corrosion protection, detectable by metal detector when tape is buried up to 30-inches deep; colored as follows or as required by jurisdictions:

1. Red: Electric; Blue: Water systems
PART 3 EXECUTION

3.1 PREPARATION
A. Protect structures, utilities, sidewalks, pavements, and other facilities from damage caused by settlement, lateral movement, undermining, washout, and other hazards created by earthwork operations.

Courtland Creek Restoration Project Technical Specifications December 6, 2022
EARTHWORK 310000
27 B. Stockpile all available site topsoil prior to initiating excavation and earthwork. Stockpile and screen out all debris, vegetation and large rocks. Utilize where approved by O.R. as site topsoil for planting and lawn areas.

C. Preparation of subgrade for earthwork operations including removal of vegetation, topsoil, debris, obstructions, and deleterious materials from ground surface is specified in Division 2 Section "Site Clearing."
D. Protect and maintain erosion and sedimentation controls, which are specified in Division 2 Section "Site Clearing," during earthwork operations.

3.2 GENERAL EXCAVATION
A. Unclassified Excavation: Excavate to subgrade elevations regardless of the character of surface and subsurface conditions encountered. Unclassified excavated materials may include rock, soil materials, and obstructions. No changes in the Contract Sum or the Contract Time will be authorized for rock excavation or removal of obstructions.

3.3 EXCAVATION FOR STRUCTURES AND SITE IMPROVEMENTS
A. Excavate to elevations and dimensions indicated within a tolerance of plus or minus 1- inch. If applicable, extend excavations a sufficient distance from structures for placing and removing concrete formwork, for installing services and other construction, and for inspections.

3.4 SUBGRADE PREPARATION
A. Soil subgrades in areas to receive Select Fill should be scarified a minimum of 6- inches, moisture conditioned to at least optimum moisture content, and compacted to at least 85 percent relative compaction (per ASTM D1557).

B. The compacted surface should be firm and unyielding and should be protected from damage caused by traffic or weather.

C. Areas of unstable soils shall be over-excavated to competent soils or a minimum of 18-inches below finished subgrade elevation where competent soils are not encountered. The bottom of the excavation should then be completely covered with a ground stabilization Geotextile Fabric and backfilled with base course. Caltrans Class II permeable material may be allowed with O.R. approval. The Geotechnical Engineer should observe all weak and unstable areas during construction to determine if alternative subgrade stabilization procedures are more appropriate.

3.6 SUBGRADE INSPECTION
Courtland Creek Restoration Project Technical Specifications December 6, 2022
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28 A. Notify O.R. when excavations have reached required subgrade.

B. If O.R. determines that unsatisfactory soil is present and/or not firm and unyielding, continue excavation and replace with compacted backfill or fill material as directed.

C. Authorized additional excavation and replacement material will be paid for according to Contract provisions for unit prices.

D. Reconstruct subgrades damaged by freezing temperatures, frost, rain, accumulated water, or construction activities, as directed by O.R., without additional compensation.

3.8 EXCAVATION AND PROCESSING OF EXCAVATED CREEK BED MATERIAL A. Excavate top 12-inches of existing channel bed material from creek, including all concrete, roots, and debris.

B. Stockpile Excavated Creek Bed Material: Prepare for screening and sorting.

C. Clean, screen, and sort stockpile to produce Salvaged General Bed Material for reuse and Excavated Spoils for off-site disposal. Mechanically and hand sort to remove organic material, and concrete and non-native debris larger than 2-inches.

D. Dispose of Excavated Spoils off-site.

E. Stockpile Salvaged General Bed Material for reuse.

3.9 STORAGE OF SOIL MATERIALS
A. Stockpile borrow soil materials without intermixing. Place, grade, and shape stockpiles to completely drain surface water. Cover to prevent windblown dust. Soils from specified areas required for re-sampling shall be separated and covered until final soil disposal determination.

1. Stockpile soil materials away from the edge of excavations. Do not store within the drip line of trees.

2. Locate stockpiles where approved by O.R.

3.10 BACKFILL
A. Place and compact backfill in excavations promptly, but not before completing the following:

Courtland Creek Restoration Project Technical Specifications December 6, 2022
EARTHWORK 310000
29 1. Construction below finish grade including, where applicable, sub-drainage, dampproofing, and waterproofing

2. Surveying locations of underground utilities for Record Documents

3. Testing and inspecting underground utilities

4. Removing concrete formwork

5. Removing trash and debris

6. Removing temporary shoring and bracing, and sheeting

7. Installing permanent or temporary horizontal bracing on horizontally supported walls
B. Place backfill on subgrades that are firm and unyielding.

3.12 SOIL FILL
A. Where fills are placed on slopes steeper than 5 horizontal to 1 vertical, the toe of the fill slope shall be keyed a minimum of 2-feet into competent, undisturbed native soil.

B. Fill slopes, over 5-feet in height, shall be notched (at least 2-feet into the existing slope) and keyed into native soil.

C. Keyways should be a minimum of 8-feet wide and sloped at a minimum of 2 percent towards the back of the keyway.

D. As fill placement proceeds, the fill slope shall be notched at least 2-feet into the existing slope.

E. The actual extents of keying and benching should be determined in the field at the time of construction by the Geotechnical Engineer.

F. Fill slopes should be overbuilt a minimum of 2-feet and then trimmed back to finish grades.

G. Place and compact fill material in layers to required elevations as follows:

1. Under planted areas, use satisfactory native soil material or imported topsoil

2. Under GraniteCrete Paving use satisfactory soil material

3. Under Concrete paving, curb and gutter, and footings areas use Select Fill Courtland Creek Restoration Project Technical Specifications December 6, 2022
EARTHWORK 310000
30 H. Place soil fill on firm and unyielding subgrades.

3.13 SOIL MOISTURE CONTROL
A. All Select Fill shall be moisture conditioned to 0 to 4% above optimum per ASTM D1557

1. Do not place backfill or fill soil material on surfaces that are not firm or unyielding

2. Remove and replace, or scarify and air dry otherwise satisfactory soil material that exceeds optimum moisture content by 4 percent and is too wet to compact to specified dry unit weight.

3.14 COMPACTION OF FILL, SOIL BACKFILL, SUBGRADE PREPARATION A. Place backfill and fill soil materials in layers not more than 8-inches in loose thickness for material compacted by heavy compaction equipment, and not more than 4-inches in loose depth for material compacted by hand-operated tampers.

B. Place backfill and fill soil materials evenly on all sides of structures to required elevations, and uniformly along the full length of each structure.

C. Compact soil materials to the following percentages of maximum dry unit weight according to ASTM D 1557:

1. Under walkways, scarify and re-compact top 6-inches below subgrade and compact each layer of backfill or fill soil material to 95 percent relative compaction.

2. GraniteCrete: scarify and re-compact top 6-inches of existing subgrade and each layer of backfill or fill soil material to 95 percent relative compaction. Top course shall be compacte 88-92%, per manufacturer's recommendation.

3. In unpaved planting areas scarify and re-compact the top 6-inches below subgrade and compact each layer of backfill or fill soil material to a maximum 85 percent relative compaction. Coordinate with excavation mitigation measures noted below.

4. For utility trenches in either paved or planted areas, compact each layer of initial and final backfill soil material to match the specified percentages noted above.

Courtland Creek Restoration Project Technical Specifications December 6, 2022
EARTHWORK 310000
31 D. Mitigate excavation and off-haul compaction of floodplain and upland planting areas (all project plantings areas). Provide complete post-excavation mitigation of all site areas, outside of paved areas, where revegetation is specified. Mitigation measures shall be submitted by Contractor to the O.R. and Geotechnical Engineer for review and approval and shall include at a minimum:

1. Remove by mechanically and manually raking final grade throughout all site areas and removing all debris, organic matter, larger than 3-inches in diameter unless otherwise approved by O.R.

2. Re-compact all revegetation areas with weighted rollers or other mechanical means (typical average is 85 percent relative compaction). Actual required relative compaction percentage will be determined by Geotechnical Engineer based on field assessment of site soils and moisture content.

3. Compaction testing to determine need for mitigation and the success of compaction mitigation measures shall be by the O.R. Goal is for the final soil profile to be compacted to approximately 85 percent relative compaction.

3.15 GRADING
A. General: Uniformly grade areas to a smooth surface, free of irregular surface changes. Comply with compaction requirements and grade to cross sections, lines, and elevations indicated.

1. Provide a smooth transition between adjacent existing grades and new grades

2. Cut out soft spots, fill low spots, and trim high spots to comply with required surface tolerances
B. Site Grading: Slope grades as shown on plans and to prevent ponding. Finish subgrades to required elevations within the following tolerances:

1. Unpaved Areas: Plus or minus 1-inch

2. Walks: Plus or minus 1-inch

3. Pavements: Plus or minus ½-inch

3.16 BASE COURSE
A. Place base course on firm and unyielding subgrade.

B. On prepared subgrade, place base course under pavements and walks as follows:

Courtland Creek Restoration Project Technical Specifications December 6, 2022
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32 1. Shape base course to required crown elevations and cross-slope grades

2. Place base course 6-inches or less in compacted thickness in a single layer

3. Place base course that exceeds 6-inches in compacted thickness in layers of equal thickness, with no compacted layer more than 6-inches thick or less than 3-inches thick.

4. Compact base course at optimum moisture content to required grades, lines, cross sections, and thickness to not less than 95 percent of maximum dry unit weight according to ASTM D 1557.

C. Pavement Shoulders: Shoulders along edges of Asphalt, Concrete, and DG Surfacing shall be installed with base course per plans. Construct shoulders of satisfactory, free draining soil materials and compact simultaneously with each subbase and base layer to max. 85 percent of maximum dry unit weight to allow for vegetation establishment.

3.17 GRANITECRETE PAVING (AGGREGATE SURFACE)
A. Install GraniteCrete Surfacing per manufacturer specifications and installation procedures for commercial installations.. Install only after O.R. review and approval of subgrades.

B. Compact two 6-inch shoulders on each side of path or paving area edge at 90 percent.

Once compaction is approved, excavate area for Granitecrete Surfacing from compacted finish and subgrade with vertical sides. Over excavate only to the extent necessary to install Granitecrete surfacing.

C. Install as noted on the Plans
D. All grades shall provide for positive runoff to the creek channel without low spots or pockets of water ponding more than 0.75 inches in depth.

3.19 PROTECTION
A. Protecting Graded Areas: Protect newly graded areas from traffic, freezing, and erosion. Keep free of trash and debris.

B. Repair and reestablish grades to specified tolerances where completed or partially completed surfaces become eroded, rutted, settled, or where they lose compaction due to subsequent construction operations or weather conditions.

1. Scarify or remove and replace soil material to depth as directed by O.R.; reshape and re-compact.

Courtland Creek Restoration Project Technical Specifications December 6, 2022
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33 C. Where settling occurs before Project correction period elapses, remove finished surfacing, backfill with additional soil material, compact, and reconstruct surfacing.

1. Restore appearance, quality, and condition of finished surfacing to match adjacent work, and eliminate evidence of restoration to greatest extent possible.

3.20 MULCH PATH (MAINTENANCE ACCESS)
A. Stake layout in field with O.R. and obtain approval to install trail prior to initiating the work. Excavate trail width and depth into finish graded Native soil as noted on Plans.

B. Install Timber, plumb and true, with tight clean butt joints.

1. Predrill for rebar and install rebar 6” from end of timber and spaced equally, no more than 3-ft apart.

C. Place General Site Mulch in (1) lift. Spray saturate prior to compacting, (2) passes per lift. Total installed depth after compaction shall be 2-inches.

3.21 DISPOSAL OF SURPLUS AND WASTE MATERIALS
A. Disposal: Remove all excavated native soils, surplus satisfactory soil and waste material, including unsatisfactory soil, trash, and debris, and legally dispose of it off PART 4 MEASUREMENT
A. Reconstruction of engineered embankment fill using suitable native excavated material will not be measured or paid for. Excavation for the new channel stabilization features (Terrace, Crib Wall, Bio-D Blocks, or Cascade Structure), or any other construction features will not be measured or paid for
PART 5 PAYMENT
A. Payment for earthwork, complete in place, will be made at the lump sum contract price bid for EARTHWORK, as set forth on the BID SCHEDULE. The contract price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in excavating, backfilling, compacting to the specified relative compaction, furnishing water necessary to moisten, place or otherwise aid in backfilling and compaction operation, stockpiling and moving excavated material regardless of number of times, rough and finish grading, and off hauling of surplus material, complete in place, as shown on the Plans, as specified herein and in the Standard Specifications, as required by the permits, and as directed by the Owner’s Representative.

Courtland Creek Restoration Project Technical Specifications December 6, 2022
EARTHWORK 310000
34 B. The contract per unit paid for the following items shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved in construction of EARTHWORK as set forth in the BID SCHEDULE, including General Site Mulch, mulch paths, and all labor, materials, supplies, tools, and transportation and perform all operations in connection with and reasonably incidental to complete the installation of the EARTHWORK, as described in these Specifications, as shown on the plans, and as directed by the Engineer.

C. No separate payment for excavation necessary for the diversion or control of water shall be made. Payment for such excavation shall be considered included in the price bid for EARTHWORK.

END OF SECTION 310000
Courtland Creek Restoration Project Technical Specifications December 6, 2022
SITE CLEARING 311000
35 SECTION 311000 – SITE CLEARING
PART 1 GENERAL

1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General Conditions and Special Provisions, and other Technical Specification Sections apply to this Section.

1.2 SUMMARY
A. This Section includes the following:

1. Installing Temporary Project Perimeter Fencing

2. Protecting existing trees and providing Tree Protection Fencing

3. Salvaging of existing channel bed material for reuse as General Bed Material (See Section 02300).

4. Contractor shall contract with an Arborist and have Contractor's Arborist provide requirements including but not limited to tree protection, tree removal / salvaging, tree and root pruning, grading near trees to remain, and utility trenching and excavation within tree protection zones.

5. Clearing and grubbing vegetation above and below grade

6. Removal of tree stumps/rootwads (74 stumps in all) as indicated on the plans

7. Removing above and below-grade site features, including but not limited to designated concrete structures, irrigation piping and drainage pipe and structures, and debris.

8. Disconnecting, capping, sealing, and abandoning and removing site utilities

9. Temporary erosion and sedimentation control measures and coordination with project Stormwater Pollution Prevention Plan (SWPPP)

10. Hauling vegetation and site debris cleared and removed under this Specification Section to a City of Oakland approved transfer station
B. Related Sections include the following:

1. Division 2 Section "Earthwork and Drainage"
Courtland Creek Restoration Project Technical Specifications December 6, 2022
SITE CLEARING 311000
36 2. Division 2 Section "Revegetation and Irrigation"

3. Division 2 Section "Soil Bioengineering"

1.3 DEFINITIONS
A. Owner or City refers to the City of Oakland, which is the lead agency. Owner or Owner’s Representative (O.R.) for the project refers to the City of Oakland Engineer or associates or agents.

B. Topsoil: Natural or cultivated surface-soil layer containing organic matter and sand, silt, and clay particles; friable, pervious, and black or a darker shade of brown, gray, or red than underlying subsoil; reasonably free of subsoil, clay lumps, gravel, and other objects more than 2- inches in diameter; and free of subsoil, weeds, roots, toxic materials, or other non-soil materials.

C. Tree Protection Zone: Area surrounding individual trees or groups of trees to be protected during construction by Tree Protection Fencing, and defined by the drip line of individual trees or the perimeter drip line of groups of trees, unless otherwise indicated.

D. Temporary Project Perimeter Fencing: Fencing used to secure Project Limit of Work, including gates and locks.

E. Tree Protection Fencing: Fencing used to protect existing trees within project Limit of Work which are specified to remain.

F. Tree Risk Assessment (TRA): Project tree report completed by HortScience, Inc. (December 2020) providing Project tree identification, evaluation and recommendations.

G. Contractor's Arborist: ISA Certified Arborist employed by Contractor to oversee implementation of project Plans and Specifications related to tree protection, tree removal / salvaging, tree and root pruning, grading near trees to remain, and utility trenching and excavation within tree protection zones.

1.4 MATERIAL OWNERSHIP
A. Except for stripped topsoil, artifacts, works of art, or materials indicated on the plans or in the specifications to remain City’s property, cleared materials shall become Contractor's property and shall be removed from Project Site and disposed of in a legal manner. Any artifacts found on the site, whether noted or not on the plans, shall remain the property of the Owner unless otherwise determined. If the Owner or O.R. or agent chooses to relinquish ownership of any found element(s), it shall be the responsibility of the Contractor to dispose of the element(s) in a legal manner off-site.

Courtland Creek Restoration Project Technical Specifications December 6, 2022
SITE CLEARING 311000
37 1.5 SUBMITTALS
A. Submittal Package: All submittals in this specification section (excluding resubmittals) shall be compiled together and submitted to O.R. as one package, unless prior approval is obtained from O.R.

B. Contractor shall obtain, pay for, and submit all required local permits to complete the Work. Regulatory permits from California Fish & Game, Regional Water Quality Control Board, U.S. Army Corps of Engineers, and NOAA Fisheries have been obtained and paid for by the Owner.

C. Contractor Provided Erosion Control Plan (SWPPP, Stormwater Pollution Prevention Plan) utilizing BMP’s (Best Management Practices) which meet the lead permitting agency’s requirements for Project Site construction erosion control. If agency requirements conflict the most stringent requirements shall be incorporated and met unless the permitting agency determines otherwise.

D. Proposed truck tire wash, dust control, and construction noise abatement plan.

E. Certification: From Contractor's Arborist, certifying in writing that trees indicated to remain have been protected during construction according to the Plans, Specifications, Tree Management Report and recognized standards and that trees were promptly and properly treated and repaired when damaged.

F. Tree Pruning Schedule: Written schedule from Contractor's Arborist detailing scope and extent of pruning of trees to remain that are specified on the Plans or interfere with or are affected by construction.

G. Temporary Tree Irrigation Plan: Written/Drafted plan from the Contractor's Arborist detailing scope and extent of temporary irrigation to trees that shall remain. Temporary irrigation plan shall be reviewed by O.R. prior to start of construction.

H. Maintenance Recommendations: From Contractor's Arborist, for care and protection of trees affected by construction during and after completing the Work in accordance with the Project Plans, Specifications and Tree Management Report.

I. Construction Staging Plan noting parking, stockpiling, and haul routes. Primary Staging Area(s) shall be as noted on the Plans. Note that the Contractor shall be responsible to repair and replace all site work and improvements, including but not limited to soil, lawn, lighting, furnishings, and irrigation disturbed by Staging and Construction Access Operations. For the Brookdale Reach access will be from the Courtland Creek Restoration Project Technical Specifications December 6, 2022
SITE CLEARING 311000
38 downstream end of the reach only, from Fairfax Avenue. Access to the Congress Reach will be from Congress Avenue, and access to the Thompson Reach will be from San Carlos Avenue.

J. Proposed Public Access Plan: Contractor shall prepare and provide a Public Access Plan addressing ADA and Universal public access through the Project Site. Include fencing, gates, flagging, directional, informational, and regulatory signage.

K. Digital photographs submitted by the Contractor on portable hard drive, sufficiently detailed, of existing conditions of trees and plantings, adjoining construction, and site improvements that might be misconstrued as damage caused by site clearing.

L. Record drawings, prepared by the Contractor shall identify and accurately locate capped utilities and other subsurface structural, electrical, and mechanical conditions.

1.6 QUALITY ASSURANCE
A. Preconstruction Meeting: Conduct meeting at Project site to comply with specified requirements.

1. Before tree protection/removal and trimming operations begin, Contractor’s Arborist shall meet with representatives of authorities having jurisdiction, Owner, O.R., consultants, and concerned entities to review and receive approval for all tree protection/removal and trimming procedures and responsibilities.

1.7 PROJECT CONDITIONS
A. Traffic: Minimize interference with adjoining roads, streets, walks, and other adjacent occupied or used facilities during site-clearing operations.

1. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without permission from the Owner or O.R. and/or other authorities having jurisdiction.

2. Provide alternate routes around closed or obstructed traffic ways if required by Engineer and/or authorities having jurisdiction.

B. Improvements on Adjoining Property: Authority for performing site clearing indicated on property adjoining Owner's property shall be obtained by Owner before award of Contract.

Courtland Creek Restoration Project Technical Specifications December 6, 2022
SITE CLEARING 311000
39 1. Do not proceed with work on adjoining property until confirming with O.R. that all conditions of Owner’s permit for right of entry and construction have been satisfied.

C. Salvable Items: Carefully relocate items to be salvaged and stored on Project Site until directed otherwise.

D. Utility Locator Service: Verify locations of existing utilities with utility locator service and as otherwise necessary before commencing site clearing.

E. Do not commence site clearing operations until all BMP’s (Best Management Practices for erosion and sediment control) are in place and approved by O.R.

F. Vehicle Quarantine Period for invasive New Zealand mussels: Complete measures noted in Contractor submitted and approved Plan. See submittal notes.

PART 2 PRODUCTS

2.1 MATERIALS
A. Satisfactory Soil Materials: Requirements for satisfactory soil materials are specified in Division 2 Section "Earthwork."
B. Import Topsoil: Natural or cultivated surface-soil layer containing organic matter and sand, silt, and clay particles; friable, pervious, and black or a darker shade of brown, gray, or red than underlying subsoil; reasonably free of subsoil, clay lumps, gravel, and other objects more than 2-inches in diameter; and free of weeds, roots, and toxic and other non-soil materials.

1. Obtain topsoil only from well-drained sites where topsoil is 4-inches deep or more; do not obtain from bogs or marshes.

C. Chain-Link Fence: Temporary Project Perimeter Fencing. Metallic-coated steel chainlink fence fabric of 0.120-inch-diameter wire; a minimum of 72-inches high; with 1.9- inch-diameter line posts; 2-3/8-inch diameter terminal and corner posts; 1-5/8-inch diameter top rail; and 0.177-inch diameter bottom tension wire; with tie wires, hog ring ties, and other accessories for a complete fence system.

1. Temporary Project Perimeter Fencing: At gates, provide minimum 12-foot clear with, two hinged gates with industrial strength steel keyed locks. Provide Owner with three (3) complete sets of keys.

Courtland Creek Restoration Project Technical Specifications December 6, 2022
SITE CLEARING 311000
40 D. Tree Protection Fencing: Protect trees and shrubs not designated for removal as indicated in design drawings and standard detail. Protection shall conform with Section 12.36.060 of the City of Oakland Codes of Ordinance.

E. Mulch: See Section 329000
PART 3 EXECUTION

3.1 PREPARATION
A. Protect and maintain benchmarks and survey control points from disturbance during construction.

B. Install tree protection fencing per Plans and Specifications.

C. Provide three (3) days notice and allow one day for O.R. to locate and clearly flag trees and vegetation to remain or to be salvaged. O.R. to flag tree root wads to be salvaged for use in bioengineering.

D. Protect existing site improvements to remain from damage during construction.

1. Restore damaged improvements to their original condition, as acceptable to O.R.

3.2 BMP’S—BEST MANAGEMENT PRACTICES
A. Provide all measures noted in the project Stormwater Pollution Protection Plan (SWPPP).

B. Provide temporary erosion and sedimentation control measures to prevent soil erosion and discharge of soil-bearing water runoff or airborne dust to adjacent properties and walkways, according to requirements of authorities having jurisdiction.

C. Inspect, repair, and maintain erosion and sedimentation control measures during construction until permanent vegetation has been established.

D. Remove erosion and sedimentation controls and restore and stabilize areas disturbed during removal at the completion of the project.

3.3 TREE PROTECTION FENCING AND TREE PROTECTION
A. Tree Protection Fencing: Install fencing around tree protection zones under direction of Contractor's Arborist to protect remaining trees and vegetation from construction damage. Maintain Tree Protection Fencing until all site work has been completed and remove when construction is complete. Install chain-link fence according to ASTM F 567 and Courtland Creek Restoration Project Technical Specifications December 6, 2022
SITE CLEARING 311000
41 manufacturer's written instructions. Fences may not be relocated or removed without permission of the O.R.

B. Protect tree root systems from damage caused by runoff or spillage of noxious materials while mixing, placing, or storing construction materials. Protect root systems from ponding, eroding, or excessive wetting caused by construction operations. No materials, equipment, spoil, waste or wash-out water may be deposited, stored or parked within the Tree Protection Zone.

C. Direct drive all chain link fence posts into subgrade, minimum 24-inch depth. Provide moveable footings only where authorized by O.R.

D. Mulch areas inside Tree Protection Zones with 6-inch thick layer of mulch. Hold mulch back 12-inches from tree trunks.

E. Do not store construction materials, debris, or excavated material inside tree protection zones. Construction trailers, vehicle/foot traffic and storage/staging areas must remain outside Tree Protection Zones at all times; prevent soil compaction over root systems.

F. Maintain Tree Protection Zones free of all weeds, debris, and materials.

G. Prior to beginning the Work, all Contractors working in the vicinity of the trees to be preserved are required to meet with the Contractor’s Arborist at the site to review all work procedures, access routes, storage areas and tree protection measures.

H. Any grading, construction, demolition or other work that is expected to encounter tree roots shall be monitored by the Contractor’s Arborist.

3.4 EXCAVATION
A. Install shoring or other protective support systems to minimize sloping or benching of excavations.

B. Do not excavate within Tree Protection Zones, unless otherwise indicated.

C. Where excavation for new construction is required within Tree Protection Zones, hand clear and excavate to minimize damage to root systems under direction of Contractor's Arborist. Use narrow-tine spading forks and comb soil to expose roots.

D. Redirect roots in backfill areas where possible under direction of Contractor's Arborist. If encountering large, main lateral roots, expose roots beyond excavation limits as required to bend and redirect them without breaking. If encountered immediately adjacent to location of new construction and redirection is not practical, cut roots approximately 3-inches back from new construction.

Courtland Creek Restoration Project Technical Specifications December 6, 2022
SITE CLEARING 311000
42 E. Do not allow exposed roots to dry out before placing permanent backfill. Provide temporary earth cover or pack with peat moss and wrap with burlap as recommended by Contractor's Arborist. Water and maintain in a moist condition. Temporarily support and protect roots from damage until they are permanently relocated and covered with soil.

F. Where utility trenches are required within tree protection zones, tunnel under or around roots under direction of Contractor's Arborist by drilling, auger boring, pipe jacking, or digging by hand.

G. Root Pruning: Do not cut main lateral roots or taproots: cut only smaller roots that interfere with installation of utilities. Cut roots with sharp pruning instruments under direction of Contractor's Arborist; do not break or chop.

3.5 RE-GRADING ADJACENT TO EXISTING TREES
A. All grading adjacent to existing trees and root pruning shall be done under direct supervision of Contractor's Arborist.

B. Grade Lowering: Where new finish grade is indicated below existing grade around trees, slope grade away from trees as recommended by Contractor's Arborist, unless otherwise indicated.

C. Root Pruning: Prune tree roots exposed during grade lowering under direction of Contractor's Arborist. Do not cut main lateral roots or taproots; cut only smaller roots. Cut roots with sharp pruning instruments; do not break or chop.

D. Any roots damaged during grading or construction shall be exposed to sound tissues and cut cleanly as recommended by Contractor's Arborist.

E. Minor Fill: Where existing grade is 6-inches or less below elevation of finish grade, fill with topsoil. Place topsoil in a single, un-compacted layer and hand grade to required finish elevations.

3.6 TREE PRUNING
A. Trees to be retained may require pruning to provide construction clearance and/or correct defects in structure. All pruning shall be performed by Contractor's Arborist, who shall adhere to the latest editions of the ANSI Z133 and A300 standards as well as the ISA Best Management Practices for Tree Pruning. Pruning contractor shall have the C25/D61 license specification.

B. Prune trees to remain that are affected by temporary and permanent construction. Any additional tree pruning needed for clearance during construction must be performed by a Contractor's Arborist and not by construction personnel.

Courtland Creek Restoration Project Technical Specifications December 6, 2022
SITE CLEARING 311000
43 C. Prune trees to remain to compensate for root loss caused by damaging or cutting root system. Provide subsequent maintenance during Contract period as recommended by Contractor's Arborist.

D. Cut branches with sharp pruning instruments; do not break or chop.

E. As directed by the O.R. chip removed tree branches and spread over areas identified by O.R.

3.7 TREE REPAIR AND REPLACEMENT
A. If injury should occur to any tree during construction, it shall be evaluated within 24 hours by the Contractor's Arborist so that appropriate treatments can be applied. Treat damaged trunks, limbs, and roots according to Contractor's Arborist's written instructions.

B. Remove and replace trees indicated to remain that die or are damaged during construction operations that the Contractor's Arborist and/or O.R. determines are incapable of restoring to normal growth pattern.

C. Provide new trees of 6-inch caliper size and of a species selected by O.R. when damaged trees more than 6-inches in caliper size, measured 12-inches above grade, are required to be replaced. Plant and maintain new trees as specified in Division 2 Section "Revegetation and Irrigation".

D. Aerate surface soil, compacted during construction, 10-feet beyond drip line and no closer than 36-inches to tree trunk. Drill 2-inch diameter holes a minimum of 12-inches deep at 24-inches o.c. Backfill holes with an equal mix of augered soil and sand.

3.8 UTILITIES
A. Locate, identify, disconnect, remove, seal or cap off all utilities within limits of work and staging areas as indicated.

1. Arrange with utility companies to shut off any utilities affected by the Work.

2. Owner shall arrange to shut off indicated utilities when requested by Contractor.

B. Existing Utilities: Do not interrupt utilities serving facilities occupied by Owner or others unless permitted under the following conditions and then only after arranging to provide temporary utility services according to requirements indicated:

1. Notify O.R. not less than two (2) days in advance of proposed utility interruptions.

Courtland Creek Restoration Project Technical Specifications December 6, 2022
SITE CLEARING 311000
44 2. Do not proceed with utility interruptions without O.R.’s written permission.

C. Excavate for and remove underground utilities indicated to be removed.

D. Contractor shall verify that the utilities indicated to be removed on the Plans are not live by dye testing, smoke testing, using television cameras and electronic locators from the creek banks to the plumbing fixtures. Obtain permission from adjacent private property owners to enter and search for existing active connections to the drainage outlets or outfalls. Review results of investigation with O.R. prior to plugging or abandoning utilities.

3.9 CLEARING AND GRUBBING
A. Remove obstructions, trees, shrubs, grass, and other vegetation to permit installation of new construction.

1. Do not remove trees, shrubs, and other vegetation indicated to remain or to be relocated.

2. Cut minor roots and branches of trees indicated to remain in a clean and careful manner where such roots and branches obstruct installation of new construction.

3. Remove tree stumps with rootwads unless otherwise noted on plans. Where rootwad removal would result in slope instability or is otherwise impractical, grind remaining stump down to the ground surface and pin plastic sheets or other appropriate physical barrier over stump to prevent resprouting. Contractor should consult with theGeotechnical Engineer and/or O.R. prior to conducting stump removal on slopes that may become unstable. The barrier should measure a maximum area of 4’x4’ would be placed over the tree stump area and tightly secured to the ground. Mulch or weed-free straw should be placed on top of the plastic sheet or other physical barrier.

4. Use only hand methods for grubbing within Tree Protection Zones.

B. Fill depressions caused by clearing and grubbing operations with satisfactory soil material unless further excavation or earthwork is indicated.

1. Place fill material in horizontal layers not exceeding a loose depth of 8-inches and compact each layer to a density equal to adjacent original ground.

3.10 STUMP / ROOTWAD REMOVAL
A. Plans depict trees to be removed and trees whose stumps are to be ground. All trees to be removed that are not shown for stump grinding will be removed by the Contractor.

Courtland Creek Restoration Project Technical Specifications December 6, 2022
SITE CLEARING 311000
45 B. Holes remaining after stump/rootwad removal should be backfilled and compacted to create smooth and natural terrain as specified in Section 312000 and in conformance with the grading plan.

3.11 DISPOSAL
A. General Disposal: Remove unsuitable and/or surplus soil material, topsoil, obstructions, demolished materials, and waste materials including trash and debris, to a City approved disposal site, and legally dispose of them off Owner's property.

B. Separate recyclable materials produced during site clearing from other non-recyclable materials. Store or stockpile Owner approved recyclable materials without intermixing with other materials and transport them to recycling facilities or use on site as directed.

PART 4 MEASUREMENT
A. Site clearing and related activities will be measured lump sum, as determined by adherence to all items shown on the Plans, details in these Special Provisions, and direction from the City of Oakland and the Owner’s Representative.

PART 5 PAYMENT
A. Payment for Site Clearing, will be made at the lump sum contract bid price for SITE CLEARING as set forth on the BID SCHEDULE. The contract price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in site clearing and off-haul, as shown on the Plans, as specified herein and in the Standard Specifications, as required by the permits, and as directed by the Owner’s Representative.

END OF SECTION 311000
Courtland Creek Restoration Project Technical Specifications December 6, 2022
TREE REMOVAL 311300
46 SECTION 311300 – TREE REMOVAL
PART 1 GENERAL

1.1 RELATED DOCUMENTS
Drawings and general provisions of the Contract, including General Conditions and Special Provisions, and other Technical Specification Sections apply to this Section.

1.2 SUMMARY
This Section includes the following:

1. Protecting trees to remain

2. Offhaul of downed tree material (trees removed in January 2023 under separate project)

3. Chip tree material as needed and directed

B. Tree Risk Assessment (TRA): Project tree report completed by HortScience, Inc. (December 2020) providing Project tree identification, evaluation and recommendations. The TRA is intended to supplement the Plans and Specifications.

C. Contractor's Arborist: ISA Certified Arborist employed by Contractor to oversee implementation of project Plans and Specifications related to tree protection, delimbing, removal, and/or salvaging.

1.4 MATERIAL OWNERSHIP
Except for trees to be salvaged as indicated on the plans or in the specifications, which will remain City’s property, cleared materials shall become Contractor's property and shall be removed from Project Site and disposed of in a legal manner. Any artifacts found on the site, whether noted or not on the plans, shall remain the property of the Owner unless otherwise determined. If the Owner or O.R. or agent chooses to relinquish ownership of any found element(s), it shall be the responsibility of the Contractor to dispose of the element(s) in a legal manner off-site.

Courtland Creek Restoration Project Technical Specifications December 6, 2022
TREE REMOVAL 311300
47 1.5 SUBMITTALS

NOT USED
PART 2 PRODUCTS

NOT USED
PART 3 EXECUTION

3.1 TREE REMOVAL ACTIVITIES
A. Protect trees and shrubs as indicated in design drawings and standard detail.

Protection shall conform with Section 12.36.060 of the City of Oakland Codes of Ordinance.

B. All tree work shall be performed by a Certified Arborist, who shall adhere to the latest editions of the ANSI Z133 and A300 standards as well as the ISA Best Management Practices for Tree Pruning. Pruning contractor shall have the C25/D61 license specification.

C. Chip tree material as approved by Owner or O.R. to meet Tree Incarnation mulch specification as defined in the Specifications, Section 329000.

D. Disturbed soil surfaces and ground stumps shall be covered with 3-4 inches of wood mulch or weed-free straw
E. Any tree materials not designated for salvage shall be removed from the Project Site and disposed of.

F. Contractor shall not operate equipment in a manner that will discharge sediment to the creek.

PART 4 MEASUREMENT
A. Tree removal activities will be measured as a lump sum.

PART 5 PAYMENT
A. Payment for tree removal will be made at the unit contract price bid for TREE REMOVAL as set forth on the BID SCHEDULE. The contract price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in site clearing and off-haul, as shown on the Plans, as Courtland Creek Restoration Project Technical Specifications December 6, 2022
TREE REMOVAL 311300
48 specified herein and in the Standard Specifications, as required by the permits, and as directed by the Owner’s Representative.

END OF SECTION 311300
Courtland Creek Restoration Project Technical Specifications December 6, 2022
DEWATERING 312319
49 SECTION 312319 – DEWATERING
PART 1 GENERAL

1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General Conditions and Special Provisions, and other Technical Specification Sections apply to this Section.

B. City of Oakland Standard Specifications: APWA Greenbook, 2015 Edition, Section 7-

8.6.4 1.2 SUMMARY
A. Contractor shall provide all required design, submittal permit coordination and implementation of the Contractor designed and O.R. reviewed and approved Diversion and Dewatering System for this project, regardless of creek flow levels in Courtland Creek at the time of construction.

B. All diversion and dewatering activities should comply with the APWA Greenbook, 2015 Edition, Section 7-8.6.4.

C. The work specified in this Section consists of diverting up to 3 cubic-feet per second (cfs) of streamflow in Courtland Creek and dewatering as necessary to create suitable conditions for construction activities in the channel. The Contractor shall determine an appropriate approach which may include cofferdams, gravity pipes, and/or pump diversions. Diversion of flows in the Brookdale Reach upstream of the existing Alameda County Flood Control and Water Conservation District (ACFCWCD) bypass structure may be required to complete the work.

Downstream of the bypass structure, the channel can be isolated from flow by blocking the orifice in the bypass structure wall such that flows are sent down the bypass. Cofferdams shall be constructed at the Contractor’s discretion to isolate active work in the channel from streamflow. Contractor shall be responsible for installing and operating the diversion and/or dewatering system in full conformance with these specifications, and with all permit requirements associated with this project (including but not limited to USACE, NOAA Fisheries and RWQCB).

D. Cofferdam(s) shall be constructed of inert materials which will not erode under creek flows (daily or storm). Acceptable materials include sandbags or other similar materials with a heavy-duty plastic cover (mil. thickness as required to maintain structural integrity and hold up to water pressure during storm events). Alternative materials and methods may be acceptable if approved by Owner (such as a culvert end wall plug or dam). The cofferdam may not be constructed from creek bed material, soil, or soil covered with plastic or other covering.

Courtland Creek Restoration Project Technical Specifications December 6, 2022
DEWATERING 312319
50 E. Contractor is responsible for preventing surface water and subsurface ground water from flowing into excavations and flooding the project site and surrounding areas. Contractor shall design, furnish, install, operate and maintain temporary surface water control and excavation dewatering systems to remove accumulated water within excavations and construction areas. Contractor shall control water flowing into and within excavations to prevent erosion and disturbance of materials below design grades and beyond excavation limits shown on the plans.

Water shall not be allowed to accumulate in the excavations (special attention shall be given to water in areas receiving any type of channel fill). Water in the channel shall be removed immediately to prevent softening of subgrades. Any water removed from creek, an excavation, or other feature within the project site by the Contractor shall be responsible for meeting the permit requirements for the discharge of this water back into Courtland Creek and ultimately San Francisco Bay.

F. Contractor shall insure that all water returned to the Creek and Bay shall meet all criteria of the permitting agencies.

G. Contractor is responsible for providing power as needed to the dewatering system.

H. Related Sections include the following:

1. Division 2 Section "Site Clearing"

2. Division 2 Section "Earthwork and Drainage"

3. Division 2 Section "Soil Bioengineering"

B. In-Channel: Active Channel, Floodplain, and Banks of the creek C. In-Channel Work: Earthwork, use of heavy equipment, grading, demolition, and placement of materials (fill) in the active channel, floodplain, and banks.

D. Dewatering Flow Rate: The flow within the creek that is required to be contained and transported by the Contractor designed and installed dewatering system around the construction area.

E. Excavation: Removal of material encountered above subgrade elevations and to lines and dimensions indicated.

Courtland Creek Restoration Project Technical Specifications December 6, 2022
DEWATERING 312319
51 F. Structures: Buildings, footings, foundations, retaining walls, slabs, tanks, curbs, mechanical and electrical appurtenances, or other man-made stationary features constructed above or below the ground surface.

G. Subgrade: Surface or elevation remaining after completing excavation, or top surface of a fill or backfill immediately below base course, drainage fill, or topsoil materials.

H. Utilities: On-site underground pipes, conduits, ducts, and cables, as well as underground services within buildings.

I. Native Soil: Existing undisturbed site soil

1.4 SUBMITTALS
A. Submittal Package: All submittals in this specification section (excluding re-submittals) shall be compiled together and submitted to O.R. as one package.

B. Dewatering Plan

1. Provide complete Diversion and Dewatering Plan (agency and specification compliant as determined by O.R.) within 5 working days of award of contract. Delaying this submittal will adversely affect Contractor’s construction start date). Scheduling changes and delays to the project due to agency review of Dewatering Plan shall be the sole responsibility of the Contractor. Contractor shall assume minimum of 2 weeks of review time for the first submittal alone.

2. Contractor prepared and provided Dewatering Plan shall be submitted by O.R. for review, immediately upon receipt, to all requesting agencies, typically limited to, but not restricted to: US Army Corps of Engineers (USACE) and Regional Water Quality Control Board (RWQCB) for review and approval. Dewatering Plan shall only be submitted to these agencies if it meets the requirements of this specification and the permitting agency requirements.

3. Contractor shall be prepared to revise and resubmit Dewatering Plan per agency comments until agencies USACE comments

4. Dewatering Plan shall indicate the following and all other agency and specification required elements, that may include but not be limited to: all equipment types, sizes, and locations; construction methods; creek flow rates, pump rates, flow capacities and friction loss through all proposed piping; pump screen material and sizes; pump screen area (in square feet); pump screen location; pump screen protection; pump screen inspection and maintenance plan; cofferdam detailing; implementation and demobilization procedures and detailed Courtland Creek Restoration Project Technical Specifications December 6, 2022
DEWATERING 312319
52 implementation and demobilization schedule; electrical connections; and all other necessary details and information required to describe the system in sufficient detail for O.R. and agency approval. Include all installation sequencing for the installation of dewatering system and any transition dates or strategies for meeting specific creek flow rates. Pump intakes shall have fish screen mesh size openings which meet both agency and project fisheries biologist requirements for screen mesh size specifically for Courtland Creek (see Appendix for NOAA’s “Juvenile Fish Screen Criteria for Pump Intakes”).

5. Elements illustrated on the Contractor prepared Dewatering Plan shall include but not be limited to: cofferdams, silt traps both up and downstream, , noiseattenuating pump(s), by-pass piping and calculations, point of discharge features including sediment traps and filters, power source and connections.

6. Dewatering Plan shall be professionally drafted (freehand or AutoCAD), to scale, in a reproducible format, matching the full-size project plans (30" x 42" min. size) or as approved by O.R.

7. Upon receipt of Dewatering Plan from Contractor, O.R. shall transmit the Plan to the project fisheries biologist for review of procedures and scheduling, location of proposed facilities, dewatering coordination regarding fish relocations (including clearing and grubbing required prior to fish relocating), pump screen mesh size.

C. Product Data: Any pertaining to diversion and dewatering activities. This may include pump and screen system details.

D. Pre-excavation Photographs or Videotape: Show existing conditions of adjacent areas focusing on sediment depths prior to installation of dewatering system.

1.5 QUALITY ASSURANCE
A. Pre-Dewatering Meeting: If requested, Contractor shall schedule, coordinate and conduct a pre-dewatering meeting with O.R., Owner, project ecologist and agencies to review project dewatering requirements and Contractor’s Dewatering Plan.

1.6 PROJECT CONDITIONS
A. Geotechnical Memoradum: Soil conditions and historical borings have been documented in the Geotechnical Memorandum prepared by Cal Engineering and Geology (August, 2022).

Data on indicated subsurface conditions are not intended as representations of warranties of accuracy or continuity between soil borings. The O.R. shall not be responsible for Courtland Creek Restoration Project Technical Specifications December 6, 2022
DEWATERING 312319
53 interpretations or conclusions drawn by Contractor from this Memorandum. Additional test borings and other exploratory operations may be made by the Contractor at no cost to Owner.

B. Stream Flow Data: The are no flow gages on Courtland Creek. The Project design team constructed synthetic rainfall events based on ACFCWCD’s Zone 12 Drainage Master Plan.

These flows can be found on Page 4 of the Courtland Creek Restoration Project – 1D Hydraulic Model memorandum (FlowWest, 2021). Analysis of East Bay watersheds similar to Courtland Creek indicates the following 1% annual exceedance probability flows:

Month Flow (cfs)
June 0.5 cfs
July 0.1 cfs
August 0.1 cfs
September 0.1 cfs
October 1.5 cfs
C. Diversion Flow Rate: To account for urban runoff the dewatering system capacity should be designed to accommodate up to 3 cfs. The Contractor is advised that Courtland Creek is in an urbanized watershed with a high percentage of impervious surfaces, which can lead to higher peak flows accumulating in channels quickly. Contractor should verify flow conditions and size dewatering system as appropriate.

D. Forecast Monitoring: Contractor should monitor rain forecast during in-channel work and prepare for vacating the channel if a rain event of more than 1 inch in 24 hours is Courtland Creek Restoration Project Technical Specifications December 6, 2022
DEWATERING 312319
54 predicted. For lesser amounts of rain Contractor should ensure that diversion system can pass expected flows.

PART 2 PRODUCTS

2.1 DEWATERING EQUIPMENT
A. Temporary dewatering equipment submitted by Contractor for approval by Permitting Agencies and O.R. shall meet or exceed industry standards for the intended purpose. Ensure pumps and mechanical units have appropriate noise attenuation features in working order that meet City of Oakland noise ordinance standards.

PART 3 EXECUTION

B. Prepare subgrade for cofferdam construction including removal of vegetation, topsoil, debris, obstructions, and deleterious materials from ground surface as specified in Division 2 Section 311000 "Site Clearing."
C. Protect and maintain erosion and sedimentation controls, which are specified in Division 2 Section 311000 "Site Clearing," during earthwork operations.

3.2 METHODS
A. Inside the project Limit of Work, Contractor shall sequence its excavation to minimize the intrusion of ground-water and surface-water into the excavations.

B. Contractor shall provide and maintain pumps, well points, sumps, suction and discharge lines, power supply and connections, and other dewatering system components necessary to convey water away from excavations. Contractor is responsible for providing the proper equipment to accomplish dewatering and pump bypass flows and for reviewing and confirming all flow information prior to bidding.

C. Contractor shall be responsible for determining the number, size and type of pumps and bypass (piping or other) facilities necessary to convey the creek flows, under both typical daily and storm flow conditions up to 3 cubic feet per second (cfs).

3.3 DEWATERING
Courtland Creek Restoration Project Technical Specifications December 6, 2022
DEWATERING 312319
55 A. Prevent surface water, creek, and ground water from entering excavations, from ponding on prepared subgrades, and from flooding the Project Site and surrounding area.

B. Protect subgrades from softening, undermining, washout, and damage by rain or water accumulation.

1. Reroute surface water run-off away from excavated areas. Do not allow water to accumulate in excavations. Do not use excavated trenches as temporary drainage ditches.

2. Ensure dewatering system keeps subgrade dry and conveys ground water and channel discharge away from excavations. Maintain until dewatering is no longer required.

PART 4 MEASUREMENT
A. Not applicable.

PART 5 PAYMENT
A. Payment for designing, implementing, operating, and removing the de-watering system will be made at the lump sum price bid for DEWATERING, as set forth on the BID SCHEDULE. The contract price shall include full compensation for furnishing all labor (filtering and cleaning), materials, tools, equipment (including baker tanks), and incidentals, and for doing all work involved in designing, implementing, operating, and removing the dewatering system as shown on the Plans, as specified herein and in the Standard Specifications, as required by the permits, and as directed by the Owner’s Representative.

B. Payment will be made in accordance with the following:

1. Eighty (80) percent of the lump sum bid price will be paid when the diversion/dewatering system is installed and such installation is approved by the Owner’s Representative. The system may need to be installed in phases, which should be described in the Diversion and Dewatering Plan. In this case, the Owner will determine with the contractor an appropriate payment structure given the phasing.

2. The remaining twenty (20) percent of the bid price will be paid when the dewatering system has been removed and such removal is approved by the Owner’s Representative.

3. The sum of all payments for the installation and removal of the de-watering system shall not exceed the price bid for DEWATERING as set forth on the BID SCHEDULE.

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DEWATERING 312319
56 END OF SECTION 312319
Courtland Creek Restoration Project Technical Specifications December 6, 2022
SOIL REINFORCEMENT 313400
57 SECTION 313400 – SOIL REINFORCEMENT
PART 1 GENERAL

1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General Conditions and Special Provisions, and other Technical Specification Sections apply to this Section.

B. Rolanka BioD-Block Coir Block System Terraced Application instructions, available at http://rolanka.com/wp-content/uploads/2018/01/install-blocksys.pdf.

1.2 SUMMARY
A. This Section specifies soil bioengineering, including collection of live plant materials, plant transportation and handling, plant preparation and installation, live cuttings, and Bio-d Block and erosion control fabric installation.

B. Related Sections include the following:

1. Division 2 Section 310000 "Earthwork"

2. Division 2 Section 328000 "Irrigation"

3. Division 2 Section 354237 "Riprap Bank Protection"

4. Division 2 Section 311000 "Site Clearing"

B. Live Cutting, Stakes and Poles: Woody material harvested from healthy stands of local native species including Willow.

C. Brush Layering: Placement of live cuttings (brush cuttings) into the graded slope.

D. Riprap: Refer to Section 354237
E. Fabric: Coir, 100% biodegradable coconut fiber erosion control fabric.

F. Native Soil: Existing site soil
Courtland Creek Restoration Project Technical Specifications December 6, 2022
SOIL REINFORCEMENT 313400
58 G. Fill: Refer to Section 312000
H. Mulch: Refer to Section 329000

1.4 SUBMITTALS
A. Submittal Package: All submittals in this specification section (excluding re-submittals) shall be compiled together and submitted to O.R. as one package.

B. Data and samples of Products specified in this Section.

C. Proposed Live Collection Sites: Plan prepared by Contractor detailing the locations and species of live plant collection sites and authorizing land management agency. Possible site for a portion or all of the required willow cuttings is within the Project boundaries and along Sausal Creek on City-owned property in Dimond Park. Review access to this site with the City of Oakland and O.R. prior to harvesting. Contractor is responsible for securing all required cuttings.

D. Live Cuttings Collection and Installation Schedule: Prepared by the Contractor identifying the collection dates and sequence of live cuttings installation.

E. Live Cuttings Storage and Preparation Plan: Plan identifying locations of storage basins that provide 24 hour shade protection, and remain constantly filled with fresh water.

F. On-site mock-up of each soil bioengineering treatment for O.R. review and approval.

G. Soil Bioengineering Work Schedule, with tasks and dates.

H. Fabric sample, and fabric installation at Active Channel bank—mock-up, one roll width by 20-foot length—can be prepared to function as part of the Work.

1.5 QUALITY ASSURANCE
A. Contractor performing soil bioengineering measures including harvesting live cuttings shall have a minimum of five years of successful experience in public sector soil bioengineering projects. Contractor shall provide references and proof of experience to O.R. for review and approval.

B. Pre-Soil Bioengineering Meeting: Conduct meeting at Project site to comply with specified requirements.

1.6 WARRANTY
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SOIL REINFORCEMENT 313400
59 A. Contractor shall warranty all Soil Bioengineering work and the viability of live cuttings as defined in the Specifications and as modified below.

B. Viability of live cuttings shall be reviewed both at spring leaf-out in the year of construction, and then at the end of the growing season (October 1st) in the year following construction.

C. Warranty shall cover all live cuttings through the period noted in the Specifications. Willow cuttings shall be required to meet a 90 percent survival rating; dogwood cuttings shall be required to meet a 50 percent survival rating.

PART 2 PRODUCTS

2.1 BIOENGINEERING
A. Fabric: GeoCoir/DeKoWe, Type 700 or approved equal. Fabric rolls shall be 13-foot nominal width. Fabric shall meet or exceed Type B, Caltrans Specifications (California Department of Transportation). Belton Industries, Inc. 8613 Roswell Road, Atlanta, GA 30350, 800.225.4099.

B. Fabric Fastener: Doug fir, 2x4, 12 or 18-inch length per O.R. direction. No Pressure Treated wood allowed. Rip 2x4 diagonally from end to end to create (2) two stakes from one board. Drive to refusal or near flush to finish grade while ensuring fabric is held in place. Alternative wood stakes may be considered if proposed. In areas of soft soil or steep slopes 12 or 18-inch stakes shall be replaced by longer (24 to 36-inch minimum) stakes to accommodate soil and slope conditions, at no additional cost to Owner.

C. Bio-D Block: Rolanka BioD-Block 16-300 or approved equal. Blocks shall be 16 inches in height, with attached Rolanka BioD-Mat 70 erosion blanket or equivalent of 56-inch length.

D. Live Cuttings: As defined in Plans and Specifications, and as required to meet conditions noted in Plans and Specifications.

1. Bottom cut at 60 degree angle, top cut flat.

2. Poles (Willow spp., Salix lasiandra var. lasiandra, Salix lasiolepis, Salix laevigata):

Equal to or larger than 0.75-inch diameter and 42-inches long. Willow species shall be collected in equal numbers.

3. Stakes (Creek Dogwood, Cornus sericea): Equal to or larger than 0.25-inch diameter and 24-inches long.

E. Rock for Cascade, Toe Rock: See Section 354237
Courtland Creek Restoration Project Technical Specifications December 6, 2022
SOIL REINFORCEMENT 313400
60 F. Fill: See Section 312000
PART 3 EXECUTION

3.1 SOIL BIOENGINEERING SCHEDULE AND INSPECTION
A. Ensure all work in area designated to be covered by fabric is complete prior to installing the fabric. Work includes but is not limited to grading, irrigation, seeding, and certain soil bioengineering. Provide O.R. with work schedule for review and approval prior to initiating work.

B. No live cuttings, brush cuttings, or seeding shall be installed prior to the installation of the irrigation system in working order.

C. Prepare site for seeding and complete seeding installation of both Riparian and Upland areas before October 1st, and see Section 02930 “Revegetation and Irrigation” for additional coordination conditions. Coordinate with erosion control and grading operations and permit schedule requirements.

D. Examine proposed planting areas and conditions prior to live cutting installation. Do not start live cutting installation until proper planting conditions are ensured and O.R. has approved the areas for planting. Do not install Toe Rock and Rock Slope rock until live cuttings are prepared for installation and permanent or temporary irrigation is in place and approved by O.R.

3.2 HANDLING OF LIVE CUTTINGS
A. Collection

1. All live cuttings shall be collected within 10 miles of the Courtland Creek watershed unless approved by O.R.

2. Contractor to secure appropriate location for collection of live cuttings and pay any fees that may be required for material collection.

3. Plant materials are to be collected using sustained yield practices using standard pruning techniques for removal from host plant.

4. Only healthy plant materials that are free of pest infestation and disease will be accepted.

B. Transportation

1. All live cuttings are to be covered and protected from damage during transport to the project site.

Courtland Creek Restoration Project Technical Specifications December 6, 2022
SOIL REINFORCEMENT 313400
61 C. Storage

1. Live cuttings may not be stored for more than 72 hours after collection. Any plant materials that have not be installed after 72 hours from the time of collection must be discarded at Contractor's expense.

2. Live cuttings stored on shall site be in a shaded location with root ends submerged in clean water.

3.3 INSTALLATION OF SOIL BIOENGINEERING TREATMENTS
A. General Bioengineering

1. Install all areas of soil bioengineering indicated on plans at specified spacing.

2. Locate limits of soil bioengineering treatments for acceptance by the O.R. prior to installation.

3. Native soil will be used for backfill unless otherwise indicated on the plans or directed by O.R.

B. BioD-Blocks

1. BioD-Blocks shall be installed in streambank fill areas in 16-inch level soil lifts of native soil, compacted after each lift. Blocks will be anchored with stakes and/or Live Willow cuttings. Installation to follow BioD-Block Coir Block System Terraced Application instructions, available at http://rolanka.com/wp-content/uploads/2018/01/install-blocksys.pdf.

2. Coir blanket of top layer(s) of Bio-D Blocks shall be embedded into existing grade. Existing grade will be over-excavated and backfilled with native soil.

3. Where roots, rocks, or other obstructions prevent over-excavation and embedding coir blanket in existing grade, coir blanket shall be anchored with stakes at the furthest extent possible prior to installation of the next soil lift, or draped on existing grade and anchored if no further lifts are required.

C. Live Cuttings shall be installed after winter rains have saturated the upper-most 2-inches of the soil receiving the cuttings. Live Cuttings shall only be approved for installation in the late fall and winter season with prior O.R. approval. A typical late fall and winter season installation sequence is as follows:

1. Day 1 – water and saturate soil to a depth of 1-inch, or ensure natural conditions have attained this saturation.

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SOIL REINFORCEMENT 313400
62 2. Day 2 – water and saturate soil to a depth of 2-inches, or ensure natural conditions have attained this saturation.

3. Day 3 – no work (collection day)

4. Day 4 – install live cuttings then after installation is complete, saturate soil to a depth of 1- inch, or ensure natural conditions have attained this saturation.

D. Live Cuttings Installation Method:

1. Cuttings shall be installed along active channel, through lifts of brush cuttings and soil in Brush Layering installations, in riprap rock joints in Toe Rock and Rock Slope details, or as individual cuttings along the creek as noted on Plans.

2. Each live cutting (except brush cuttings for Brush Layering) shall be installed into a predrilled or augured hole per detail with growing end up. O.R. may direct a reduced installation depth due to water table conditions.

3. Larger, pole cuttings may be tamped into place using rubber mallets. Backfill stake and pole cutting holes as necessary to remove all air pockets and tamp the soil on each side to remove air pockets

4. Minor damage to the top of cutting caused by installation to be trimmed at approximately 10 degrees.

5. Where fabric is present prepare minimum size diameter holes in fabric prior to installing poles. Pole cuttings are to be protected from damage during the installation process.

6. Cuttings with damaged bark or that have been split during installation shall be replaced at the Contractor’s expense.

7. Installation of live cuttings shall be conducted no longer than 72 hours after collection.

E. Erosion Control Fabric

1. Erosion Control Fabric shall be installed in strips running down the slope, perpendicular to the direction of creek flow in the channel and overlapped in the downstream direction by 4 inches. The bottom edge of the each layer shall be anchored in a 1-foot-deep, 2–foot-wide trench excavated below the toe of slope. The fabric shall be stapled according to the Plan details. The top edge of each strip of fabric shall be extended 4 feet laterally from the top of bank and anchored in a 12-inch-deep by 12-inch-wide trench to be excavated at the top of the slope, as shown in the Plan details. This trench shall be backfilled with soil and compacted to make a smooth surface.

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SOIL REINFORCEMENT 313400
63 3.3 CLEAN-UP
A. Keep project site reasonably free from accumulation of debris resulting from work specified in this section.

B. Immediately remove dirt, debris, and over seeding from seeding operations from buildings and structures, walls, pavements, and curbs.

3.4 PROTECTION
A. Provide an adequate barrier, such as the orange snow fence noted above, throughout the duration of the soil bioengineering period to protect installations and stockpile locations.

3.5 INSPECTION
A. A written notice or phone call requesting an inspection shall be given to the O.R. at least two days prior to any anticipated inspection date.

B. The following progress inspections are required:

1. Inspection and approval of all live cuttings prior to installation

2. On-site mock-up of each soil bioengineering treatment prior to installation

3. Planting and Seeding Area Soil Preparation inspection and seeding processes and results

3.6 ACCEPTANCE
A. Soil Bioengineering treatments will be accepted provided all Plan and Specification requirements have been complied with and live cuttings are in a healthy condition.

PART 4 MEASUREMENT
A. Bio-D Block and live cutting installation will be measured by linear feet of planted Bio-D Block installed. Erosion control fabric will be measured by square feet of fabric installed.

PART 5 PAYMENT
A. Payment for Bio-D Blocks and Erosion Control Fabric will be made at the unit contract price bid for each as set forth on the BID SCHEDULE. The contract price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in site clearing and off-haul, as shown on the Plans, as specified herein and in the Standard Specifications, as required by the permits, and as directed by the Owner’s Representative.

Courtland Creek Restoration Project Technical Specifications December 6, 2022
SOIL REINFORCEMENT 313400
64 END OF SECTION 313400
Courtland Creek Restoration Project Technical Specifications December 6, 2022
CURBS, GUTTERS, SIDEWALKS AND DRIVEWAYS 321600
65 SECTION 315300 – LOG CRIB WALLS
PART 1 - GENERAL

1.1 SUMMARY
A. Log Crib Wall work shall conform to the provisions in Section 204, “Lumber and Treatment with Preservatives”, and Section 305, “Pile Driving and Timber Construction” of the Standard Specifications, APWA 2015 Greenbook.

B. Work shall include, but not be limited to, furnishing all labor, tools, equipment, and materials, structure excavation and structure backfill to construct the timber crib walls, as shown on the Plans and directed by the Engineer.

PART 2 - PRODUCTS
A. Crib walls shall consist of a series of timber piles, headers, stretchers, and blocks.

Timbers shall be round Eucalyptus based upon Timber Products Inspection, Inc. Log Program Technical Guide. Timbers shall measure between 18 inches and 30 inches in diameter B. Timbers shall not be treated with preservatives.

PART 3 - EXECUTION
A. Crib wall members shall be handled in such a manner that prevents damage. Members that are damaged during handling and placing shall be removed and replaced with new members by the Contractor at the Contractor's expense.

B. The foundation for crib walls shall be excavated as shown on the plans and shall conform to the provisions in Section 300, "Earthwork," of the Standard Specifications and in these Special Provisions. The foundation shall be approved in writing by the Engineer before any crib members are placed.

C. Backfill behind the crib wall structure shall consist of on-site soil materials.

PART 4 - MEASUREMENT
A. Log Crib Walls will be measured by the square foot (SQFT) for the type or types shown in the Engineer's Estimate. The square foot area will be measured on the batter at the outer face for the height from the bottom of the bottom stretcher to the top of the top stretcher and for a length measured from end to end of each section of wall.

PART 5 - PAYMENT
Courtland Creek Restoration Project Technical Specifications December 6, 2022
CURBS, GUTTERS, SIDEWALKS AND DRIVEWAYS 321600
66 A. The Contract price bid per square foot (SQFT) for the item “Log Crib Wall” shall include full compensation for furnishing all labor, material, tools, equipment, and incidentals and for doing all work associated with this item as shown on the Plans, as specified in the Standard Specifications, these Special Provisions, and as directed by the Engineer.

END OF SECTION 315300
Courtland Creek Restoration Project Technical Specifications December 6, 2022
CURBS, GUTTERS, SIDEWALKS AND DRIVEWAYS 321600
67 SECTION 321600 – CURBS, GUTTERS, SIDEWALKS AND ASPHALT CONCRETE

SUMMARY

PROVISIONS OF THE CONTRACT INCLUDING SCOPE OF SERVICES AGREEMENT,

GENERAL CONDITIONS, SUPPLEMENTAL CONDITIONS, AND PROJECT SCOPE DOCUMENTS APPLY TO THIS SECTION.

All work specified in this section must conform to Section 303-5 of the 2015 Standards Specifications for Public Works Construction “Greenbook” unless otherwise note herein.

This Section includes specifications for constructing the following site work:

1. Curbs

2. Gutters

3. Sidewalks
Related Sections include the following:

1. 31-20-00 Earthwork

2. 31-10-00 Site Clearing

DEFINITIONS
Owner or city refers to the city of oakland, which is the lead agency. Owner or owner’s representative (O.R.) for the project refers to the city of oakland engineer or associates or agents.

Greenbook is defined as the 2015 Standards Specifications for Public Works Construction “Greenbook”
State Specifications is defined as the 2018 State of California Standard Specifications.

Hot mix asphalt (HMA) is defined as asphalt concrete pavement.

APPLICABLE STANDARDS AND SPECIFICATIONS
2015 Standards Specifications for Public Works Construction “Greenbook” 2018 State of California Caltrans Standard Specifications

SUBMITTALS
Contractor must submit mix design for Portland Cement Concrete for use for curbs, gutters, and sidewalks in accordance with Section 2-5.3 of the Greenbook.

Submit a certificate of compliance for the Detectable Warning Surface.

Submit a certificate of compliance for Minor Hot Mix Asphalt.

QUALITY ASSURANCE
Portland Cement Concrete used for curbs, gutter, and sidewalks must be air entrained concrete with a minimum 28-day compressive strength of 3,500 psi and meet the provisions of Section 201-1 of the Greenbook.

PRODUCTS

GENERAL
Detectable Warning Surface must be on the Caltrans Authorized Material List for detectable warning surfaces and must match yellow color no 33538 of FED-STD-595.

HMA must come from a Caltrans approved supplier and, at a minimum, must conform to provisions in Section 39 of the State Specifications for Minor HMA.

Courtland Creek Restoration Project Technical Specifications December 6, 2022
CURBS, GUTTERS, SIDEWALKS AND DRIVEWAYS 321600
68 EXECUTION

GENERAL
Constructing curbs, gutters and sidewalk must conform to the provisions specified in Section 303-5 of the Greenbook unless otherwise noted herein or as shown on the plans.

Constructing HMA patch must conform to the provisions in Section 39 of the State Specifications unless otherwise noted herein or as shown on the plans.

REMOVE EXISTING CURB, SIDEWALK, AND ASPHALT CONCRETE
Removal of existing cement concrete curb, gutter, sidewalk, and asphalt concrete pavement must conform to the provisions specified in Section 300-1.3 of the 2015 Greenbook.

Sawcut existing curb and sidewalk at nearest construction joint to the leave neat vertical surface and remove entire section. Cleaning vertical face of exposed sidewalk or curb prior to placement of new curb and sidewalk.

Sawcut and remove existing asphalt concrete pavement 2-ft minimum from edge of new gutter and remove to a depth of the 6-in minimum. Recut any edges damaged during construction to leave a neat, vertical, straight edge.

PLACING NEW CURB, GUTTER, AND SIDEWALK
Excavation for curb, gutter and sidewalk must conform to the provisions specified in Section 300-2 of the 2015 Greenbook unless otherwise noted in Section 31-20-00 of these special provisions.

Subgrade preparation curb, gutter and sidewalk must conform to the provisions specified in Section 301 of the 2015 Greenbook unless otherwise noted in Section 31-20-00 of these special provisions.

Unless otherwise noted on the plans, improvements must match existing sidewalk and curb grades and extents to create smooth uniform transition from new to existing.

Install Detectable warning surface per the manufacturer’s instructions.

PLACING NEW ASPHALT CONCRETE PAVEMENT PATCH
Excavation for HMA placement must conform to the provisions specified in Section 300-2 of the 2015 Greenbook unless otherwise noted in Section 31-20-00 of these special provisions.

Clean all vertical edges of loose material and coat with tack coat prior to placement of new HMA.

MEASUREMENT AND PAYMENT

MEASUREMENT
All materials, activities and labor for placing Curb, Gutter, Sidewalk and associated HMA patch will be measured lump sum, as determined by adherence to all items shown on the Plans, details in these Special Provisions.

PAYMENT
Payment for removal of existing curb, sidewalk and asphalt concrete pavement and placing new curb, gutter, sidewalk and HMA patch will be made at the lump sum price bid for SIDEWALK, CURB AND GUTTER, as set forth on the BID SCHEDULE. The contract price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in designing, implementing, operating, and removing the dewatering system as shown on the Plans, as specified herein and in the Courtland Creek Restoration Project Technical Specifications December 6, 2022
CURBS, GUTTERS, SIDEWALKS AND DRIVEWAYS 321600
69 Standard Specifications, as required by the permits, and as directed by the Owner’s Representative.

END OF SECTION 321600
Courtland Creek Restoration Project Technical Specifications December 6, 2022
SITE FURNISHINGS 323300
70 SECTION 323300 – SITE FURNISHINGS

GENERAL

RELATED DOCUMENTS
Provisions of the Contract including Scope of Services Agreement, General Conditions, Supplemental Conditions, and Project Scope Documents apply to this Section.

SUMMARY
This Section includes the following site work and site furnishings:

1. Construction Funding Sign fabrication and installation

2. Log Round

3. Pinned Log

4. Log Seating

5. Concrete Bench

6. Picnic Table

7. Concrete Split Rail Fence

8. Metal Bench

9. Trash Receptacle

10. Site Boulder
Related Sections include the following:

1. 31-20-00 Earthwork

2. 32-16-00 Curbs and Gutters

DEFINITIONS
Owner or City refers to the City of Oakland, which is the lead agency. Owner or Owner’s Representative (O.R.) for the project refers to the City of Oakland Engineer or associates or agents.

HDG: Hot-dip galvanized

APPLICABLE STANDARDS AND SPECIFICATIONS
California Building Code, (CBC)
American Society for Testing Materials, (ASTM)
American Wood Association, (APA-EWS)
American Wood Protection Association (AWPA)
American Institute of Steel construction, (AISC)
Structural Welding Code, (AWS)
Forest Stewardship Council, (FSC)

SUBMITTALS
Refer to General Conditions for submittal requirements.

Submittal Package: All submittals in this specification section (excluding re-submittals) shall be compiled together and submitted to O.R. as one package.

Courtland Creek Restoration Project Technical Specifications December 6, 2022
SITE FURNISHINGS 323300
71 Product Data: Provide for each type of product indicated. Include construction and fabricate on details, material descriptions, tolerances, dimensions of individual components and profiles, finishes, expiration dates, field-assembly requirements, and installation details.

1. Benches

2. Picnic Table
Provide on-site Mock-ups for the following, for review and approval prior to installation.

Successfully approved Mock-up elements can be incorporated into the final site product if approved by O.R.:

1. Pinned Log

2. Log Seating

3. Site Boulder

4. Concrete Split Rail Fence
Samples for Verification: Every type of product that requires approval as an “approved equal” must be provided for verification. Prepared samples demonstrating color and finish shall be not less than 6-inch long for linear components and 6-inch square for sheet components.

Shop Drawings: Show complete information necessary for the fabrication and installation.

Include plan, elevation and detail section cuts. Show jointing, materials, gauges, finishes and all dimensions. Show adjacent work and show relationship of fabricated assembly to existing adjacent assemblies.

Material Certificates: For site furnishings, signed by manufacturer

QUALITY ASSURANCE
Owner will provide on-site inspection of wood carpentry work. Coordinate inspections with O.R.

Source Limitations: Obtain each type of site furnishing through one source from a single manufacturer.

Manufacturer’s Qualifications: Manufacturer regularly engaged in manufacture of site furnishings for at least 10 years
Certify that all lumber supplied to site is FSC certified. Salvaged lumber is exempt.

DELIVERY, STORAGE, AND HANDLING
Delivery: Deliver materials to site in manufacturer’s original, unopened containers and packaging, with labels clearly identifying product name and manufacturer.

Storage: Store materials in clean, dry area in accordance with manufacturer’s instructions.

Keep materials in manufacturer’s original, unopened containers and packaging until installation.

Handling: Protect materials and finish during handling and installation to prevent damage.

WARRANTY
Products will be free from defects in material and/or workmanship for a period of three years from the date of invoice.

PRODUCTS

GENERAL
Wood
Courtland Creek Restoration Project Technical Specifications December 6, 2022
SITE FURNISHINGS 323300
72 1. Pressure Treatment: Wood in contact with ground shall be treated in accordance with AWPA Standard U1 to the requirements of Use Category 4 (UC4).

Copper Azole (CA-C)
Steel: Unless otherwise noted in the drawings or specifications, all ferrous metals shall be as identified by type below.

1. Metal Surfaces: For fabrication of miscellaneous metal fabrications which will be exposed to view in the finished work, use only materials which are smooth and free of surface blemishes including pitting, seam marks, roller marks, rolled trade names and roughness.

2. Weathering Steel: ASTM A606-4 or ASTM A588

3. Steel Pipe: ASTM A53, Type S, Grade A, suitable for close coiling, Duplex Finish (Galvanized then Shop Painted); Extra Strong (XS) weight (Schedule 80S), unless otherwise indicated or required to satisfy performance criteria.

4. Steel Plates, Shapes and Bars: ASTM A572 Grade 50, unless otherwise designated.

Provide hot-dip galvanized in accordance with ASTM A123. Thickness of galvanized coating shall be in conformance with ASTM A123.

5. Steel Tubing: Cold formed, ASTM A500, welded or seamless process. Provide hotdip galvanized tubing in accordance with ASTM A123. Thickness of galvanized coating shall be in conformance with ASTM A123.

Welding Consumables:

1. Filler materials and fluxes shall conform to requirements of AWS D1.1; of suitable type for base metals being welded and the intended application. Electrodes and equipment settings shall be as recommended by the filler metal manufacturer for the position, thickness or other conditions of actual use. All electrodes and filler metals shall be low hydrogen types.

2. For Weathering Steel: Provide 8018-C3, low alloy, low hydrogen electrode, intended for use with weathering steel; or approved equal.

3. Electrode wire diameter: FCAW wire diameter shall not exceed the values specified in AWS D1.1., Section 4.14.1
Furnishing Anchors: For securing site and street furnishings to substrate

1. Two per unit: PE14-Hex-STD: 14-inch Penetrator with hex neck plus stud/nut/washer

2. For remaining tie-down connections: Threaded Rod 5/8”, galvanized, unless otherwise noted.

Anchors, Fasteners, Fittings, and Hardware: Manufacturer's standard, corrosion-resistantcoated or non-corrodible materials; commercial quality; tamperproof, vandal and theft resistant; concealed, recessed, and capped or plugged. Provide as required (whether specified or not) for site furnishing assembly, mounting, secure attachment, and vandal resistance.

Non-shrink, Nonmetallic Grout: Premixed, factory-packaged, non-staining, non-corrosive, nongaseous grout complying with ASTM C 1107. Provide grout, recommended in writing by manufacturer, for exterior applications.

Available Products: Subject to compliance with requirements, products that may be incorporated into the Work include elements noted below:

Courtland Creek Restoration Project Technical Specifications December 6, 2022
SITE FURNISHINGS 323300
73 SIGNAGE
Construction Funding Sign: Laminated, full color, all weather sign, max. 4-1/2 feet by 8- feet. Graphic file shall be provided to Contractor by Owner. Contractor responsible for fabrication, laminated surfacing, and mounting on 4-1/2 feet by 8-feet, 3/4” plywood backing board.

SALVAGED WOOD ITEMS
Priority will be given to wood salvaged from site during prior tree removal work.

Wood shall be seasoned and shall be of the highest quality, free of excessive checking.

Cracks must be smaller than 1/4-inch and extend less than 60% of the length of the finished member size.

Pinned Log: Salvaged Eucalyptus Log: 20-inch min, 30-inch maximum diameter throughout each log. Size per plans. See Plans for layout. Lengths shall range between 6 to 8-ft. Final sizes to be approved via submittal and based on site conditions.

Log Seating: See for layout and general lengths. Final lengths to be approved via submittal and based on site conditions.

Log Round: Protect bark during transport, storage and installation. See plans for dimensions. Wood shall be free of knots and side branches. Each log section must not vary more than 2-inches in diameter along length.

PRECAST CONCRETE FURNISHINGS
General

1. To be furnished and installed by Contractor

2. Integral color as specified
Precast Concrete Tables and Benches: Fabricated by QCP, 731 W Parkridge Ave, Norco, CA 92860, or approved equal

1. Picnic Table:
“LBT Picnic Table - ADA” Product Number QLBT102PTADA
Finish: “Latte”

2. Concrete Bench: “Twig Bench” Product Number Q3TW78B
One (1) backed, one (1) backless
Finish: “Latte”
Precast Fence: Fabricated by American Precast Concrete, 2246 N Durfee Ave. El Monte, CA 91732, or approved equal.

1. Woodcrete Rails, 2-rail, 3-rail, and 4-rail
Color: Outback #677

GENERAL FURNISHINGS
Metal Bench:

1. Parc Vue Bench

2. Materials
End Frames: ¾” thick steel plate.

Center Tubes: Tubes between end frames are 1-1/2” outer diameter x 0.120” wall steel tube.

Courtland Creek Restoration Project Technical Specifications December 6, 2022
SITE FURNISHINGS 323300
74 Profile Rods: Three profile rods welded along the length of the bench to hold the shape of the seat. These rods are formed from ½” diameter steel Divider: Divider is made of 319 sand cast aluminum; Attachment brackets are made of formed stainless steel.

Seat Slats: 1-1/2” x 0.188” steel, slats and stretcher tubes are perimeter welded to the end frames to provide excellent strength and rust prevention

3. Finish on Metal: Landscape Forms, Inc. “Pangard II”.

Primer: Rust inhibitor.

Topcoat: Thermosetting polyester powder coat. UV, chip, and flake resistant

4. Landscape Forms, Inc., 7800 E. Michigan Ave, Kalamazoo, Michigan 49048.

Phone: (800) 521-2546. Fax (269) 381-3455. Website www.landscapeforms.com E-mail: [email protected], or approved equal.

Trash Receptacle

1. City of Oakland Standard trash unit with standard finish.

2. Furnished by City
Site Boulder

1. Boulders shall be select quality boulders as sold by Syar Napa Quarry or approved equal. Boulders shall be matching in color and texture. Boulders shall tend to rounded forms. Some angular boulders will be accepted on case by case basis.

Angular, scarred, spalled, chipped, or broken boulders shall not be used. No sharp edges will be allowed to be exposed.

2. SIZES:

Tonnage Boulder Quantity
Brookdale
Reach
Congress Reach Thompson Reach
2 ton 4 2 2
1 ton 7 7 3
1/2 ton 3 3 2

FINISHES, GENERAL
Comply with NAAMM's "Metal Finishes Manual for O.R. and Metal Products" for recommendations for applying and designating finishes.

Appearance of Finished Work: Variations in appearance of abutting or adjacent pieces are acceptable if they are within one-half of the range of approved Samples. Noticeable variations in the same piece are not acceptable. Variations in appearance of other components are acceptable if they are within the range of approved Samples and are assembled or installed to minimize contrast.

Wood will be secured with screws and bolts – not nails. Careful alignment and tight joints are required.

Galvanizing shall be done offsite after all fabrication is complete. The entire assembly shall be hot-dipped galvanized to not less than 2 ounces per sq.ft.. Galvanizing shall conform to ASTM A123. See Section 05-05-13 Shop Applied Coatings for Metal Courtland Creek Restoration Project Technical Specifications December 6, 2022
SITE FURNISHINGS 323300
75 EXECUTION

GENERAL
The aesthetics of all this work is important and as such extra care will need to be taken in the alignment of the materials, bolts and screw heads, and in the general tightness of the joints.

On-site welding prohibited, unless approved by O.R.

EXAMINATION
Examine areas and conditions, with Installer present, for compliance with requirements for correct and level finished grade, mounting surfaces, installation tolerances, and other conditions affecting performance.

Proceed with installation only after unsatisfactory conditions have been corrected.

WOOD
Acclimate wood to the site for a minimum of 7 days prior to installation. Neatly stack and sticker wood to allow air flow around the boards, including the bottom boards, then cover with plywood (not a waterproof tarp).

Wood stored on site shall be supported to protect the member from dirt, from weather and from induced stresses.

Wood framing shall be installed as shown in the Plans taking care to make tight joints and to align the fasteners as called for.

INSTALLATION
Comply with furnishing manufacturers' installation standards, direction, and product manufacturer's written installation instructions, unless more stringent requirements are indicated. Complete field assembly of site furnishings, as required to complete the Work as shown on Plans.

Install site furnishings level, plumb, true, and securely anchored at locations indicated on the Plans.

Post Setting: When specified, set cast-in support posts in concrete footing with smooth top, shaped to shed water. Protect portion of posts above footing from concrete splatter. Verify that posts are set plumb or at correct angle and are aligned and at correct height and spacing. Hold posts in position during placement and finishing operations until concrete is sufficiently cured.

Construction Funding Sign fabrication and installation
Log Round, Pinned Log, Log Seating

1. Install per Plans and Specifications. Mock-up all placements on site prior to setting logs to ensure tight, coordinated fit. Use cardboard and utility grade dimensional lumber for all log mock-ups. O.R. shall review and adjust final layout. Ensure logs and rounds are plumb and sloped at 1 percent to drain across shortest surface dimensions.

Concrete Bench

1. Install per plans and manufacturers recommendations. Confirm location, clearances and alignment with O.R. before anchoring.

Picnic Table

1. Install per plans and manufacturers recommendations. Confirm location, clearances and alignment with O.R. before anchoring.

Courtland Creek Restoration Project Technical Specifications December 6, 2022
SITE FURNISHINGS 323300
76 2. Install a minimum of two (2) penetrating anchors per picnic table. Install 2-foot threaded rod at each remaining anchor hole.

Secure with washer and nut. Cut rod as required to leave 1/4" exposed rod beyond secured nut. Weld nut to rod.

Concrete Split Rail Fence

1. Post Footings: Power auger excavation required for all post footings.

2. Install concrete footing per plans, hold top of concrete 2-inches below Finish Grade.

Slope concrete away from post 5-15%.

3. Rails installed per Plans. Rails to be set level, or on even sloped condition following grade of adjacent paved areas as determined by O.R.

Metal Bench

1. Install per plans. Confirm location, clearances and alignment with O.R. before anchoring. Install horizontal and aligned with paving.

2. In Accessible Surface, Install a minimum of two (2) penetrating anchor, One on each end of bench. Install 2-foot threaded rod at each remaining anchor hole.

Secure with washer and nut. Cut rod as required to leave 1/4" exposed rod beyond secured nut. Weld nut to rod.

Trash Receptacle

1. In Accessible Surface, Install a minimum of one (1) penetrating anchor. Install 2-foot threaded rod at each remaining anchor hole.

Secure with washer and nut. Cut rod as required to leave 1/4" exposed rod beyond secured nut. Weld nut to rod.

2. Protect receptacle with complete, seamless plastic covering taped to protect furnishing.

Site Boulder

1. Prepare site to accept boulders as described on the Plans and as directed by Engineer. Verify placement and boulder type and size with Engineer prior to installation. Boulders shall be placed after rough site grading has been completed, and prior to site paving operations. See Plans for additional information.

2. Boulders shall be expertly set to ensure a high quality “garden level” of workmanship. Ensure tight, permanent fit between adjacent boulders, between boulders and adjacent concrete, asphalt, bridge abutments, and site improvements as noted.

3. Contractor shall provide experienced and skilled stoneworkers/boulder setting operator and crew (minimum two laborers) to work under direct observation of Engineer.

4. Contactor and Engineer shall coordinate the schedule for all boulder placements.

5. Protect all site improvements during the setting of boulders

CLEANING
After completing the work in this section, inspect all components. Remove spots, dirt, and debris. Repair damaged finishes to match original finish or replace component.

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SITE FURNISHINGS 323300
77 MEASUREMENT AND PAYMENT

MEASUREMENT
Concrete fence will be measured per linear foot installed.

Site Boulders will be measured by ton installed.

Site furnishings will be measured by unit each installed.

PAYMENT
Payment for concrete fence will be made per linear foot for “CONCRETE FENCE” as set forth on the BID SCHEDULE shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in installing Concrete Fence, including disposal of unsuitable materials, complete in place, as shown in the Plans, as specified in the State Standard Specification, and these Special Provisions, and as directed by the Engineer.

Payment for Site Boulders will be made by weight (ton) for “Site Boulders” as set forth on the BID SCHEDULE shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in installing Site Boulders, including disposal of unsuitable materials, complete in place, as shown in the Plans, as specified in the State Standard Specification, and these Special Provisions, and as directed by the Engineer.

Payment for Log Round Pinned Log, Log Seating, Concrete Bench, Picnic Table, Metal Bench, Trash Receptacle and Site Boulder will be made per each unit item LOG ROUND,

PINNED LOG, LOG SEATING, CONCRETE BENCH, PICNIC TABLE, METAL BENCH, TRASH RECEPTACLE AND SITE BOULDER as set forth on the BID SCHEDULE shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in installing site furnishing, including disposal of unsuitable materials, complete in place, as shown in the Plans, as specified in the State Standard Specification, and these Special Provisions, and as directed by the Engineer.

END OF Error! Use the Home tab to apply SECT to the text that you want to appear here.

Courtland Creek Restoration Project Technical Specifications December 6, 2022
SITE IRRIGATION 328000
78 SECTION 328000 – SITE IRRIGATION

GENERAL

RELATED DOCUMENTS
Drawings and general provisions of the Contract, including General Conditions and Special Provisions, and other Technical Specification Sections apply to this Section.

SUMMARY
This Section includes the following for work in the project:

1. Irrigation

2. Irrigation Installation, Testing, and Coordination between Proposed and Existing City Irrigation

3. Assessment of Existing Irrigation System including but not limited to Point of Connection, Controller, Main Line, Valves, Wiring, and miscellaneous irrigation elements.

4. Purchase, transportation, and installation of all products, either specified, noted on Plans, or required miscellaneous products to complete the Work.

5. Bidder design Irrigation layout for all irrigation installed Related Sections include the following:

1. Section 31-25-00 “Soil Bioengineering”

2. Section 32-90-00 "Planting"

Finish Grade: Elevation of finished surface of planting soil.

Subgrade: Surface or elevation of native subsoil remaining after completing excavation, or top surface of a fill or backfill, before placing planting soil.

Plant: Any woody or herbaceous plant specified for the project.

Native Soil: Existing site soil

SUBMITTALS
Submittal Package: All submittals in this specification section (excluding re-submittals) shall be compiled together and submitted to O.R. as one package.

Product Data and Samples: For each type of product indicated.

Product Certificates: For each type of manufactured product, signed by product manufacturer, and complying with the following:

1. Manufacturer's certified analysis for standard products.

2. Analysis of other materials by a recognized laboratory made according to methods established by the Association of Official Analytical Chemists, where applicable.

Qualification Data: For irrigation Contractor.

Mock-up: Provide two (2) mock-ups, bubbler assemble, drip irrigation layout; for O.R. review and approval.

Courtland Creek Restoration Project Technical Specifications December 6, 2022
SITE IRRIGATION 328000
79 Irrigation Installation Schedule: Indicating locations, sources of all materials. Schedule shall be a detailed schedule of anticipated installation process and dates.

Bidder design irrigation pipe layout. Show schematic line drawing of layout of laterals, drip irrigation lines, and zones.

Parks Irrigation System (Existing) Survey: Contractor to perform survey with City of Oakland staff participation. Survey shall be limited to four (4) hours on-site. Provide results of on-site existing irrigation system survey as legible, handwritten notes marked-up on a full-size set of City as-built Plans and Specifications. Ensure all irrigation changes that resulted from the recent site improvements are noted correctly so that this survey accurately depicts the existing irrigation system condition. Note if any valves need replacement or servicing during the existing system survey.

Parks Irrigation Design Submittal: Provide legible mark-up of plans showing irrigation strategy using Irrigation System Survey as a base. Allow three weeks O.R. review time prior to installation.

Parks Record (As-Built) Drawings: provide clear, legible, drawing, drafted in AutoCAD 2020 or newer format. Include dimensions and actual installed locations of all irrigation system components (e.g. irrigation main, lateral and sprinkler head locations), show actual flow rates for each controller zone and actual pressure, plant substitutions and plant relocation.

Parks Operations and Maintenance Instructions: For Irrigation System, prepare recommended operating procedures to be established by City including, zone schedules, and maintenance of irrigation system for one calendar year. Submittal is required to complete conditions of Final Completion. For Maintenance Period see Specifications.

QUALITY ASSURANCE
Irrigation Contractor Qualifications: A qualified irrigation Contractor whose work has resulted in successful installation of public agency irrigation system installations. Minimum of five (5) years of experience in each discipline.

1. Field Supervision: Require Contractor to maintain an experienced full-time supervisor on Project site when irrigation work is in progress.

Observation: O.R. may observe installation of irrigation components on-site. Irrigation installations which do not meet Plans and Specifications may be rejected or required to be re-installed.

1. Notify O.R. two weeks in advance of the anticipated initiation of the irrigation system.

2. Pressure test system prior to backfilling under direct observation of O.R.

Pre-Irrigation Installation Meeting: Conduct meeting at Project site to comply with specified requirements.

Installed and modified permanent irrigation must follow current MWELO design requirements.

DELIVERY, STORAGE, AND HANDLING
Store irrigation supplies properly on the site out of full sun and in a manner which preserves the integrity of the materials and prevents damage to piping and irrigation heads.

COORDINATION
Weather Limitations: Proceed with irrigation installation only when existing and forecasted weather conditions permit.

Coordinate irrigation connections for water and electrical service with City.

Courtland Creek Restoration Project Technical Specifications December 6, 2022
SITE IRRIGATION 328000
80 Coordinate irrigation controller connections with City.

If required, Contractor shall splice new irrigation wires into existing irrigation control wires for irrigation outside of the project limit of work. Connection of irrigation control wires for valves outside Limits of Work to the controller shall be the responsibility of the City.

No Planting or Seeding shall be installed prior to the installation of the irrigation system and its approval by O.R.

WARRANTY
Warranty: 1 Year after Final Acceptance. Warrant against breakage and defects, except for defects resulting from lack of adequate maintenance, neglect, or abuse by the Owner, or incidents that are beyond Contractor's control.

MAINTENANCE PERIOD
Park Irrigation: Maintain Irrigation System until Final Acceptance of park improvements.

Coordinate complete turn-over including preparation of Operations and Maintenance Instructions Manual for the irrigation system and as-builts to O.R. prior to Final Acceptance of park improvements.

Restoration Plant Irrigation: Same as Planting warranty. See 32-90-00 PLANTING.

PRODUCTS

IRRIGATION MATERIALS
Provide commercial-grade irrigation materials for all components. Piping and Sleeving shall be PVC. Mainlines (if applicable) and laterals shall be Schedule 40. Fittings shall be Schedule 80. Sleeving shall be Schedule 40 unless otherwise noted on Plans. Sizes as noted on Plans. Provide concrete thrust blocks per City standards.

Tree Bubblers: See Plans. Install per details.

Pop-up Spray heads (if required for replacement of existing): Match precipitation 12-inch pop-up style heads with radii and spray patterns as required to provide even and complete coverage. Provide Hunter PROS-12-PRS40-CV series with MP Rotator nozzles per plans.

Drip Irrigation: See Plans.

Zone Valves: Provide Commercial grade, brass, automatic remote-control valves, wired to the centralized controller for the entire project site. Provide valves, sized as required per plans. See as-builts for existing valve sizes. Install valves in lockable boxes to match existing, 1 valve per box. Valves shall have pressurized supply line entering upwards with ell inside valve box. Lateral line exiting valve shall continue straight for 3-foot minimum before any fittings are used. All fittings at valves shall be glued; No unions at valves will be permitted. Valves shall be labeled with waterproof numbered tags that match corresponding controller station numbers. Intent is for contractor to re-use existing irrigation valves and supplement with additional valves as required.

Irrigation Wiring: Use commercial grade single strand solid copper wire with polyethylene or PVC insulation, sized as appropriate for project conditions (14 AWG Min.). Wires shall be approved for direct burial. Snake wires in trench and loop at sharp turns to allow for slack. Wires shall be bundled together and taped under main line with reinforced tape every 10 ft. Do not tape irrigation wires inside sleeves. All wire splices shall be made using watertight splice connectors, Suresplice or approved equal. All wiring installed under paving shall be inside a PVC sleeve. All wire splices shall be inside valve boxes. Final wire size, type and insulation colors shall be per City of Oakland Standards.

Shut-off Valves for Each Valve Manifold: Add (1) brass shut-off valve at each valve to allow for isolating all valves for replacement and maintenance purposes. Commercial grade, Rainbird or Irritrol brand shut-off valves, sized to match adjacent Zone Valves and main Courtland Creek Restoration Project Technical Specifications December 6, 2022
SITE IRRIGATION 328000
81 line. Install in 10-inch round, black plastic, lockable Carson boxes or approved equal. Box lid shall have “GV” engraved on the top.

Automatic Controller and pedestal:

1. The enclosure unit, TESCOFLEX 24-200 (60”) pedestal, or approved equal

2. The controller unit, Rainbird ESP-LXME2, or approved equal.

3. The controller modules, sized to accommodate all new proposed irrigation zones

4. The controller enclosure

5. The controller radio, communication cartridge, shielded flow sensor cable, antenna cable and antenna

6. Installation of unit

7. Connection to control wires for automatic control valves

8. All other appurtenances and tests necessary to complete installation of unit

9. All documentation regarding wiring to this existing Controller.

Provide complete O+M Manual for the new irrigation equipment and system use and maintenance.

Water: City of Oakland will continue to pay for irrigation within their parks. Park water shall not be used for construction purposes not directly related to irrigation, UON.

EXECUTION

EXAMINATION
Examine areas to receive irrigation for compliance with requirements and conditions affecting installation and performance. Proceed with installation only after unsatisfactory conditions have been corrected.

Schedule a pre-irrigation meeting with O.R. on-site to coordinate any changes to irrigation layout, locations, equipment, prior to initiating irrigation work.

Ensure all proposed changes to existing irrigation or new irrigation are coordinated and integrated into a complete, seamless connection between existing and new irrigation systems, as part of this Work.

PEDESTAL
Remove and replace existing pedestal footing as required to install new work.

Foundations and Pedestal per Greenbook.

Provide complete connections for irrigation and existing lighting.

Set floor boxes level and flush with finished floor surface.

Install hinged-cover enclosures and cabinets plumb and secure. Support at each corner.

IRRIGATION AREA PREPARATION
Do not install irrigation system without prior approval of the O.R. that site conditions are ready for the installation of the irrigation system.

Protect structures, utilities, sidewalks, pavements, and other facilities, and existing plants from damage caused by irrigation installation.

Provide erosion-control measures to prevent erosion or displacement of soils and discharge of soil-bearing water runoff or airborne dust to adjacent properties and walkways.

Courtland Creek Restoration Project Technical Specifications December 6, 2022
SITE IRRIGATION 328000
82 Lay out irrigation installation (Mock-up) for review by O.R. Stake locations and adjust locations when requested. Obtain O.R. acceptance of irrigation layout before installing irrigation system. Make minor adjustments as required, at no cost to Owner.

EXISTING IRRIGATION
Existing Irrigation Survey: Contractor shall survey with City on-site the existing irrigation system prior to initiating the Work. Survey shall locate and assess condition existing Controller and Point of Connection (POC). Level of effort is noted in Specifications, 1.4 Submittals.

Note: Contractor shall not be responsible for existing irrigation system, zones, or individual components which are found to be broken or not functioning at the time of the Irrigation Survey. Contractor responsibility shall be limited to new irrigation components and their proper operation via existing controller and POC.

Contractor shall carefully disconnect existing irrigation equipment as required to complete the new system. Legally dispose of irrigation equipment including pedestals, cages, footings that conflict with improvements. Comply with current commercial industry standards and details for irrigation installation, testing, and tolerances.

NEW IRRIGATION
Install the complete, approved irrigation system per Plans and Specifications. Comply with City standard plans and specifications and current commercial industry standards and details for irrigation installation, testing, and tolerances.

Provide sleeves at prescribed burial depths for pipe requiring the sleeve. Extend sleeves 6-inches beyond paving edges. See plans for locations.

City shall coordinate and provide all necessary electrical power and water connections.

Layout of proposed irrigation system shall be designed by the contractor and approved through the submittal process.

1. Contractor shall be responsible for adjustments to the approved system in the field to provide complete irrigation coverage.

2. Ensure irrigation system layout and operation accommodates revegetation efforts and effectively irrigates all areas per plan.

Bubblers: Install per plans. Ensure entire assembly is installed below grade, with top flush to finish grade.

Install heads and valve boxes flush and plumb to adjacent features as directed by O.R.

Group valves and quick couplers in neat, level, evenly spaced rows.

Provide O.R. with pressure test on all mainline and lateral sections from Point of Connection to valves, prior to covering pipe. System shall hold 125 psi for one hour.

Provide coverage test prior to plant installation.

RESTORATION PLANTS IRRIGATION
Irrigate all restoration plants installed from containers through the Maintenance Period, See Section 32-90-00 Planting.

1. Adjust irrigation seasonally

2. Do not water if the soil is already moist at root level. Sometimes the soil surface appears dry even though the soil is adequately moist where roots are growing.

3. When in doubt, do not water—continue to carefully monitor the plants and soil until you are certain of its needs. It is much easier to add water to a plant than it is to dry out an overwatered specimen.

Courtland Creek Restoration Project Technical Specifications December 6, 2022
SITE IRRIGATION 328000
83 4. Regularly check the moisture of the rootballs of newly installed plants and the soil around them. Rootballs should be moist, not wet, to encourage the roots to grow into the surrounding soil.

5. If a plant is wilted, check the soil in the root zone. If the soil is dry, water. If the soil is moist, do not water, as this type of wilting often indicates that the plant suffers from root rot or has overgrown the capacity of its root system and needs to be cut back.

Lush new growth will often wilt during the first warm spring days. If the plant perks back up in the late afternoon or evening, it is probably healthy. Such plants may require pinching or pruning as the hot weather intensifies.

6. During droughts, it is imperative to water all your plants thoroughly during the normal rainy season, as this is when most species require water.

7. After repeated cycles of watering and drying, soils with a high clay content will develop a thin, dense crust that greatly impedes water penetration. Shallow cultivation of the soil on a regular basis or applying mulch to prevent this layer from forming and allow water to reach the root zone of the plants

CLEANUP AND PROTECTION AND DISPOSAL
During irrigation installations keep adjacent pavements and improvements clean and the work area in an orderly condition.

Protect irrigation installations from damage due to landscape operations, operations by other contractors and trades, and others. Maintain protection during installation and maintenance periods. Treat, repair, or replace damaged irrigation components.

Disposal: Remove surplus soil, and waste materials, including excess subsoil, unsuitable soil, irrigation debris, and general debris, and legally dispose of off-site.

MEASUREMENT AND PAYMENT

MEASUREMENT
Irrigation related activities will be measured lump sum, as determined by adherence to all items shown on the Plans, details in these Special Provisions.

PAYMENT
Payment for Irrigation will be made at the lump sum contract bid price for IRRIGATION as set forth on the BID SCHEDULE. The contract price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in designing, modifying, connecting to the existing irrigation and installing new irrigation, foundation, pedestal and documenting, as shown on the Plans, as specified herein and in the Standard Specifications, as required by the permits, and as directed by the Owner’s Representative.

END OF SECTION 328000
Courtland Creek Restoration Project Technical Specifications December 6, 2022
PLANTING 329000
84 SECTION 329000 – PLANTING

GENERAL

RELATED DOCUMENTS
Drawings and general provisions of the Contract, including General Conditions and Special Provisions, and other Technical Specification Sections apply to this Section.

SUMMARY
This Section includes the following for work in the project:

1. Plants and Planting

2. Contractor installation of all products and plants specified and noted on Plans. See plans for plant material to be furnished by owner and plant material furnished by Contractor.

Related Sections include the following:

1. Section 31-25-00 "Soil Bioengineering"

2. Section 32-80-00 “Irrigation”

Balled and Burlapped Stock: Plants dug with firm, natural balls of earth in which they are grown, with ball size not less than diameter and depth recommended by ANSI Z60.1 for type and size of tree or shrub required; wrapped, tied, rigidly supported, and drum-laced as recommended by ANSI Z60.1.

Container-Grown Stock: Healthy, vigorous, well-rooted plants grown in a container with well-established root system reaching sides of container and maintaining a firm ball when removed from container. Container shall be rigid enough to hold ball shape and protect root mass during shipping and be sized according to ANSI Z60.1 for kind, type, and size of plant required.

Finish Grade: Elevation of finished surface of planting soil.

Planting Area Soil Mix: soil mix for planting areas.

Subgrade: Surface or elevation of native subsoil remaining after completing excavation, or top surface of a fill or backfill, before placing planting soil.

Plant: Any woody or herbaceous plant specified for the project.

Root Guard: Plant protection
Mulch: Organic mulch for top dressing trees, planting areas, and general site areas.

Restoration Plant: Plant grown for the purposed for habitat restoration that are sourced from a traceable natural population. Landscape cultivars are not accepted.

Cultivar: Plants developed through human intervention
Origin: Original collection site of the plant material. Provides insight into the plant ecotype.

Courtland Creek Restoration Project Technical Specifications December 6, 2022
PLANTING 329000
85 SUBMITTALS
Submittal Package: All submittals in this specification section (excluding re-submittals) shall be compiled together and submitted to O.R. as one package.

Product Data and Samples: For each type of product indicated, including ArborTie Green tree tie material, seed mixes, mulch, and Root Guard.

Product Certificates: For each type of manufactured product, signed by product manufacturer, and complying with the following:

1. Manufacturer's certified analysis for standard products.

2. Analysis of other materials by a recognized laboratory made according to methods established by the Association of Official Analytical Chemists, where applicable.

Qualification Data: For planting Contractor and irrigation Contractor.

Material Test Reports: For existing surface soil and imported topsoil.

Soil Management Report: Sample Sungold Park, Dainty Triangle Park, right bank at station 340+00, left bank at station 360+00 and right bank at station 369+00. Analyze Sungold Park and Dainty Triangle separately (for a total of three analyses). Furnish prior to start of soil preparation work. The requirements for fertilization and amendments as specified herein, may be modified as necessary by the Landscape Architect prior to start of work in this section. Submit soil samples to a laboratory for analysis and recommendations.

1. Soil sampling shall be conducted in accordance with laboratory protocol, including protocols regarding adequate sampling depth for the intended plants.

2. The soil analysis shall include:
soil texture;
infiltration rate determined by laboratory test or soil texture infiltration rate table;
pH;
total soluble salts;
sodium;
percent organic matter; and
recommendations.

Mock-up: Provide one (1) mock-up for Tree Planting with Staking, see Plan Detail, for O.R. review and approval.

Mock-up of Plant Patch: Layout plants for a typical plant patch for O.R. review and approval. Patches planted prior to mock-up review and approval shall be replanted to meet design intent per O.R. direction.

Maintenance Plan and Schedule: Submit a brief (6-10 page) maintenance plan that details the maintenance approach for each maintenance task. Provide invasive species removal strategies and a schedule that includes seasonal shifts in activities and frequency of site visits. See Irrigation Specifications for irrigation requirements.

As-Built Report: See Section 32-80-00 IRRIGATION.

Courtland Creek Restoration Project Technical Specifications December 6, 2022
PLANTING 329000
86 QUALITY ASSURANCE
Planting Contractor Qualifications: A qualified Landscape Contractor whose work has resulted in successful establishment of plants in public park settings. Minimum of five (5) years of experience in each discipline.

1. Field Supervision: Require Contractor to maintain an experienced full-time supervisor on Project site when planting work is in progress.

2. Training and experience in identifying the typical non-native and invasive species common to the region as well as the native plant species specified for the project.

Soil-Testing Laboratory Qualifications: An independent laboratory, recognized by the State Department of Agriculture, with the experience and capability to conduct the testing indicated and that specializes in types of tests to be performed.

Provide quality, size, genus, species, and variety of plants indicated, complying with applicable requirements in ANSI Z60.1, "American Standard for Nursery Stock."

1. Contractor to indicate source of plant material. Selection of plants will be made by O.R., who will tag plants at their place of growth before they are prepared for transplanting. If designated supplier does not have sufficient quality of quantity of acceptable stock, additional supplier(s) to be designated by contractor.

2. For substitutions, see PART 2 PRODUCTS in this specification section.

Tree and Shrub Measurements: Measure according to ANSI Z60.1 with branches and trunks or canes in their normal position. Do not prune to obtain required sizes. Take caliper measurements 6-inches above ground for trees up to 4-inch caliper size, and 12- inches above ground for larger sizes. Measure main body of tree or shrub for height and spread; do not measure branches or roots tip-to-tip.

Nursery stock shall conform to Guideline Specifications for Nursery Tree Quality:

NurseryTreeSpecs (urbantree.org)
Observation: O.R. may observe trees and shrubs either at place of growth or at site before planting for compliance with requirements for genus, species, variety, size, and quality.

O.R. retains right to observe trees and shrubs further for size and condition of balls and root systems, insects, injuries, and latent defects and to reject unsatisfactory or defective material at any time during progress of work. Remove rejected trees or shrubs immediately from Project site.

Notify O.R. of plant sources two weeks in advance of site delivery.

Pre-Planting Meeting: Conduct meeting at Project site to comply with specified requirements.
(NOT APPLICABLE, NO PESTICIDES) The pesticide applicator must have an active and valid qualified applicator license or certificate from the Department of Pesticide Regulation.

Plant Establishment Evaluation: Restoration revegetation success will be measured by the O.R. annually. Results of the monitoring will be provided to the Contractor. The Contractor must adapt the maintenance regime as necessary to meet the success criteria.

DELIVERY, STORAGE, AND HANDLING
Do not prune trees and shrubs before delivery, except as approved by O.R. Protect bark, branches, and root systems from sun scald, drying, sweating, whipping, and other handling and tying damage. Do not bend or bind-tie trees or shrubs in such a manner as to destroy their natural shape. Provide protective covering of plants during delivery. Do not drop plants during delivery.

Handle containerized plants by container or root ball.

Courtland Creek Restoration Project Technical Specifications December 6, 2022
PLANTING 329000
87 Contractor responsible for health and vigor of contract grown plants once delivered on-site and accepted.

Deliver plants after preparations for planting have been completed and install immediately.

If planting is delayed more than six hours after delivery, set plants and trees in shade, protect from weather and mechanical damage, and keep roots moist.

1. Set balled stock on ground and cover ball with soil, peat moss, sawdust, or other acceptable material.

2. Do not remove container-grown stock from containers before time of planting.

Water root systems of plants stored on-site with a fine-mist spray. Water as often as necessary to maintain root systems in a moist condition.

COORDINATION
Planting Restrictions: Coordinate planting periods with contract restrictions and maintenance periods.

Ensure new plants are watered during Maintenance Period. Provide schedule and methods to City for review.

Weather Limitations: Proceed with planting only when existing and forecasted weather conditions permit.

No Planting shall be installed prior to the installation of the irrigation system and its approval by O.R.

Site access must be given to volunteer groups throughout the maintenance period. O.R. will determine timing, location and actions of volunteer groups in coordination and agreement with the Contractor.

1. Anticipated actions by volunteer groups include planting of additional patches (including acorn plantings), irrigating volunteer installed plants, and general site-wide weeding.

WARRANTY
Plant Warranty: Warrant project plants installed by Contractor, for the warranty period indicated in the Specifications, against defects including death and unsatisfactory growth, except for defects resulting from lack of adequate maintenance, neglect, or abuse by Owner, or incidents that are beyond Contractor's control.

1. Restoration Plant Warranty: Through Maintenance Period.

2. Remove dead plants immediately. Replace immediately unless required to plant in the succeeding planting season.

3. Replace plants that are more than 25 percent dead or in an unhealthy condition at end of warranty period.

4. Plant replacements shall be limited to one replacement per specified plant, except for losses or replacements due to failure to comply with Specifications and Plans.

MAINTENANCE
See project Maintenance and Monitoring Plan for specific maintenance actions required during the maintenance period.

Three-Year Maintenance Period: Begins at mobilization. Ends June 15th three years following year one planting. (e.g. if mobilization begins summer 2023, and year 1 planting is completed in spring 2024, the maintenance period would end June 15th, 2027).

Courtland Creek Restoration Project Technical Specifications December 6, 2022
PLANTING 329000
88 Plants: Maintain by pruning, cultivating, watering, weeding, restoring planting basins, tightening and repairing stakes and guy supports, and resetting to proper grades or vertical position, as required to establish healthy, viable plantings. Restore or replace damaged plants under warranty.

Patches and individual landscape plants

1. Mark individual plants installed outside patches with flagging or similar strategy to protect from inadvertent trampling, weeding, or line-trimming.

2. Weeding: Maintain patches free of weedy non-native vegetation within mulched area.

3. Maintain mulch (remulch) to specified depth for the duration of the maintenance period.

Landscape areas outside of patches: Contractor must line-trim and weed to maintain areas to encourage vegetative cover, while limiting invasive species cover. Coordinate timing of line trimming with O.R. to precede seed setting of non-native species.

1. Weeding: Remove all invasive species

2. Target weed management timing to minimize seed setting of weed species.

Invasive species: Remove all invasive species listed moderate and above by the California Invasive Plant Council (CAL-IPC). Specific species to anticipate (but not limited to) include ivy spp., broom, pampas grass, and non-native blackberry spp,. Remove species following recommended protocols per CAL-IPC.

1. Herbicide is not allowed on-site
General Site Maintenance: Remove and dispose all contractor generated refuse and green-waste generated from invasive weed removal. Alert O.R. of any dumping, trash accumulation, or vegetation damage due to vandalism or herbivory on-site within 48 hours.

1. Keep all walks and paved areas clean and weed free.

2. Provide twice weekly trash and debris removal
Maintenance demobilization: Prior to substantial completion of maintenance period complete the following tasks as directed by O.R:

1. Remove tree stakes from trees

2. Remove temporary restoration irrigation equipment installed on the surface by Contractor, including but not limited to drip irrigation, emitters, heads, stakes and any temporary controllers. Mainline, valves, boxes, and quick couplers shall be preserved and protected in place.

PRODUCTS

SOIL AMENDMENTS
Quantities are for bid purposes only. The Contractor shall install soil amendments as specified by soil test results or designated by Landscape Architect Organic Soil Amendment: Incorporate at a rate of 4 cy per 1,000 sf of planting area.

Ground or processed wood product shall be Type I, as approved by the Landscape Architect and conform to the provisions of the Standard Specifications for Public Works Construction, Latest Edition Section 212-1.2.4.

Commercial Fertilizer: Best Pro-Balance 15-15-15 at 590 lbs per acre. All materials shall comply with Section 212-1.2.3 of the Standard Specifications for Public Works Construction, Latest Edition.

Courtland Creek Restoration Project Technical Specifications December 6, 2022
PLANTING 329000
89 Agricultural Gypsum: Shall conform to Section 212-1.2 of the Standard Specifications for Public Works Construction, Latest Edition.

Planting Tablet: Agriform 21 Gram.

PLANT MATERIAL
General
Restoration Plants: Must have known County of Origin (See definitions). Landscape Cultivars not accepted.

1. Furnish nursery-grown trees and shrubs complying with ANSI Z60.1, with healthy root systems developed by transplanting or root pruning. Provide well-shaped, fully branched, healthy, vigorous stock free of disease, insects, eggs, larvae, and defects such as knots, sun scald, injuries, abrasions, and disfigurement.

2. Grade: Provide trees and shrubs of sizes and grades complying with ANSI Z60.1 for type of trees and shrubs required. Trees and shrubs of a larger size may be used if acceptable to O.R., with a proportionate increase in size of roots or balls.

Label every individual tree specified and one plant of each variety and caliper with a securely attached, waterproof tag bearing legible designation of botanical and common name.

If formal arrangements or consecutive order of trees or plants is shown, select stock for uniform height and spread, and number label to assure symmetry in planting.

Trees

1. Single and multi-stem trees as appropriate for the site conditions and species and as directed by the Plans, Specifications, and O.R. Verify species specific tree forms with O.R. prior to selection and purchase. Select for well-branched and wellbalanced crown, and intact leader. Comply with ANSI Z60.1 for type of trees required. Trees (within species) shall be generally matching for height, canopy, and branching structure.

2. Tree Structure: Trees shall be container-grown with healthy and proper branching and root structures.

3. During selection, O.R. reserves right to inspect all tree rootwads. Containers shall be pulled rootwads inspected. Roots shall be healthy, well-developed and extending outward from the base of the trunk. Trees with circling, girdling, diving and kinked roots shall be rejected.

4. Improper root structures may be allowed to be corrected prior to planting if Contractor utilizes the services of a Certified Arborist to correct the root problems.

5. Tree Branching Height: One-half of tree height in single stemmed trees, multistemmed restoration form trees shall have branching within lowest third of the total tree height.

6. Tree Trunks: Trunks shall be sturdy and self-supporting of the entire tree canopy without the benefit of staking. Trees with trunks which exhibit drooping, bent, or weak trunk structure will not be accepted. Staking will not be acceptable as a correction method for weak trunk structure.

Container Plants

1. Form and Size: Normal-quality, well-balanced, plants, of type, height, spread, and shape required, complying with ANSI Z60.1. Provide and container-grown plants Container Sizes: All plants shall be healthy, vigorous, fully leafed and well-branched specimens. Strongly rooted plants shall be provided. All plants from a Certified, California licensed nursery vendor specializing in native plants. Plants deemed Courtland Creek Restoration Project Technical Specifications December 6, 2022
PLANTING 329000
90 unhealthy or lacking in vigor shall be rejected by the Engineer and replaced with same species (from a different nursery if necessary). Plant types and sizes and planting methods are noted on the Plans and Specifications.

2. Specified Sizes: (not all sizes may be utilized on the site) Small Restoration Container Plant
Supercell (SC) (1.5” dia. X 8.25” deep) similar to Plug D16 (2” dia. X 7” deep)
D40 (2.5” dia. X 10” deep)
Large Restoration Container Plant
TB4 (4” sq.. X 10” deep)
TP4 (4” sq.. X 14” deep)
1 Gallon (standard nursery size)
5 Gallon Plant (standard nursery size)
15 Gallon Tree (standard nursery size)
Substitute Sizes for Plants: Should plants specified not be available in the specified containers, substitutes or changes in species shall be considered by the O.R through the submittal process.

PLANT ACCESSORIES
Tree Stake: Provide two (2) per Tree. Size, 2-inch diameter wood tree stakes with sharpened end point and perpendicular cut top. Size, 2-inch diameter, minimum length 8’- 0". Provide longer stake lengths (up to 10'-0" long) if required due loose subgrade soils.

Provide ArborTie Green tree staking ties. Woven polypropylene (3/4”), 900 lbs. tensile strength. As provided by DeepRoot, 800.458.7668.

EXECUTION

EXAMINATION
Examine areas to receive plants and irrigation for compliance with requirements and conditions affecting installation and performance. Proceed with installation only after unsatisfactory conditions have been corrected.

Schedule a pre-planting meeting with O.R. on-site to coordinate any changes to planting locations with irrigation layout, prior to initiating irrigation work.

PLANTING AREA PREPARATION
Coordinate work with Specifications
Protect structures, utilities, sidewalks, pavements, and other facilities, and existing plants from damage caused by planting operations.

Provide erosion-control measures to prevent erosion or displacement of soils and discharge of soil-bearing water runoff or airborne dust to adjacent properties and walkways.

Lay out individual plants and patches per plans for review by O.R. Clearly mark for review.

Obtain O.R. acceptance of layout before planting. Make minor adjustments as required.

Courtland Creek Restoration Project Technical Specifications December 6, 2022
PLANTING 329000
91 CONTAINER PLANTING PIT PREPARATION
Coordinate work with Specifications
Loosen subgrade of planting pits. Remove stones larger than 3-inches in any dimension and sticks, roots, rubbish, and other extraneous matter and carefully dispose of off-site.

Finish Grading: Grade planting beds to a smooth, uniform surface plane with loose, uniformly fine texture. Rake and remove ridges and fill depressions to meet finish grades.

Restore planting pits if eroded or otherwise disturbed after finish grading and before planting.

TREE AND PLANT EXCAVATION
Pits and Trenches: Excavate circular pits with sides sloped inward. Trim base of pit or trench leaving center area raised slightly to support root ball and assist in drainage. Do not further disturb base. Scarify sides of plant pit smeared or smoothed during excavation.

See Plans for additional detail.

Obstructions: Notify O.R. if unexpected rock or obstructions detrimental to trees or shrubs are encountered in excavations.

Hardpan Layer (if encountered): Drill 6-inch diameter holes into free-draining strata and backfill with a 50/50 mix of free-draining Planting Area Soil Mix and Native Soil.

Drainage: Notify O.R. if subsoil conditions evidence unexpected water seepage or retention in tree or shrub pits.

Fill excavations with water and allow them to percolate away before planting and positioning trees and shrubs.

PLANTING AND MULCHING PROCEDURES
Follow procedures on Plans and Specifications, as well as means and methods approved by O.R. in Mock-ups.

Set plants plumb and in center of pit or trench as noted on details.

Remove containers, burlap, and wire baskets from tops of root balls and partially from sides, but do not remove from under root balls. Remove pallets, if any, before setting. Do not plant trees or shrubs if root ball is cracked or broken before or during planting operation.

Use Native Soil as backfill for all plantings. Spread out and grade into site contours all excess Native Soil from planting pit excavation and Planting Area Soil Mix blending on-site.

Place Native Soil around root ball in layers, tamping to settle mix and eliminate voids and air pockets. When planting pit is approximately one-half backfilled, water thoroughly before placing the remainder of backfill. Repeat watering until no more water is absorbed. Water again after placing and tamping final layer of planting soil.

Stake per Plans and ArborTie Green manufacturers recommended procedure for knots and dimensions.

Tree, Planting Areas, and Mulch Layout: Coordinate any planting location changes prior to irrigation layout.

1. Trees and individual plants shown on plans will generally be sited as noted on the Plans. O.R. reserves the right to request Contractor to relocate trees prior to planting at no cost to Owner.

Mulch:

1. Provide mulch for all plants, patches, and where noted on plans.

Courtland Creek Restoration Project Technical Specifications December 6, 2022
PLANTING 329000
92 2. Provide 4-inch thick layer of mulch at all plants and other mulched areas unless otherwise noted.

3. Hold mulch edges to 3:1 max slope when adjacent to paving and 2-inches clear of plant leader/trunk.

TREE AND PLANT PLANTING AND PRUNING
Only prune new trees and shrubs if directed by O.R.

CLEANUP AND PROTECTION AND DISPOSAL
During planting installations keep adjacent pavements and improvements clean and the work area in an orderly condition.

Protect plant installations from damage due to landscape operations, operations by other contractors and trades, and others. Maintain protection during installation and maintenance periods. Treat, repair, or replace damaged planting.

Disposal: Remove surplus soil, and waste materials, including excess subsoil, unsuitable soil, irrigation debris, and general debris, and legally dispose off City property.

MEASUREMENT AND PAYMENT

MEASUREMENT
Revegetation will be measured by unit each installed.

PAYMENT
The contract paid lump sum for the following items shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved in “Site Maintenance” as set forth in the BID SCHEDULE, including replanting, remulching, weeding, debris removal, general site maintenance and maintenance demobilization, through the Maintenance Period and all labor, materials, supplies, tools, and transportation and perform all operations in connection with and reasonably incidental to conduct maintenance, as described in these Specifications, as shown on the plans, and as directed by the Engineer.

B. The contract per unit paid for each of the following items shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved in construction of “15-gallon tree”,”5-gallon container plant”, “Large restoration container plant”, and “Small restoration container plant” as set forth in the BID SCHEDULE, including planting area preparation, planting pit excavation, tree staking, patch and container mulch, and watering, weeding, and maintenance up to the start of the Maintenance Period and all labor, materials, supplies, tools, and transportation and perform all operations in connection with and reasonably incidental to complete the installation of the Revegetation, as described in these Specifications, as shown on the plans, and as directed by the Engineer.

END OF SECTION 329000
Courtland Creek Restoration Project Technical Specifications December 6, 2022
SEEDING 329219
93 SECTION 329219 – SEEDING

GENERAL

RELATED DOCUMENTS
Drawings and general provisions of the Contract, including General Conditions and Special Provisions, and other Technical Specification Sections apply to this Section.

SUMMARY
This Section specifies seeding.

Related Sections include the following:

1. Section 32-90-00 "Planting"

2. Section 32-80-00 “Irrigation”

Active or Bankfull Channel: The stream channel formed by the dominant discharge, which meanders across the floodplain as it forms pools, riffles, and point bars.

In-Channel Within the Active Channel of the creek.

In-Channel Work (or work in the Active Channel): Work within the channel Native Soil: Existing site soil

SUBMITTALS
Data and samples of Products specified in this Section.

Furnish to the O.R. duplicate copies of a statement signed by the vendor certifying that each lot of seed has been tested by a recognized seed testing lab within six months before date of delivery on the project.

1. See Part 2 below for additional submittal requirements Seeding schedule

QUALITY ASSURANCE
Contractor performing soil bioengineering measures including harvesting live cuttings shall have a minimum of five years of successful experience in public sector soil bioengineering projects. Contractor shall provide references and proof of experience to O.R. for review and approval.

Pre-Soil Bioengineering Meeting: Conduct meeting at Project site to comply with specified requirements.

WARRANTY
Contractor shall warranty all Soil Bioengineering work and the viability of live cuttings as defined in the specifications and as modified below.

Viability of live cuttings shall be reviewed both at spring leaf-out in the year of construction, and then at the end of the growing season (October 1st) in the year of construction.

Warranty shall cover all live cuttings through the period noted in the specifications. Willow cuttings shall be required to meet a 90% survival rating; cottonwood cuttings shall be required to meet a 70% survival rating.

Courtland Creek Restoration Project Technical Specifications December 6, 2022
SEEDING 329219
94 PRODUCTS

NATIVE SEED MIXES
Scientific Name Common Name Rate
(lbs pure live seed per
acre)
Grasses
Hordeum brachyantherum meadow barley 12
Elymus glaucus blue wildrye 10
Festuca rubra red fescue 8
Stipa pulchra purple needle grass 4
Wildflowers
Achillea millefolium Yarrow 2
Eschscholzia californica California poppy 4
Phacelia californica phacelia 2
Seed Mixes: As provided by Hedgerow Farms, Winters, CA (530) 662-6847; or Pacific Coast Seed, Livermore, CA (925) 373-4417
Furnish seed in standard containers labeled with the following information:

1. Seed Name

2. Lot Number

3. Net Weight

4. Percentage of purity

5. Percentage of germination

6. Percentage of weed seed content and inert material clearly marked for each kind of seed in accordance with applicable state and federal laws.

Seed which has become wet, moldy or otherwise damaged in transit or storage will not be accepted.

HYDROSEEDING
Fiber Mulch: Non-recycled wood fiber produced from cellulose such as wood pulp or similar organic material approved by the O.R. and shall be of such character that it will disperse into a uniform slurry when mixed with water. The fiber shall be of such character that when used in the applied mixture, an absorptive or porous mat, but not a membrane, Courtland Creek Restoration Project Technical Specifications December 6, 2022
SEEDING 329219
95 will result on the surface of the ground. Materials which inhibit germination or growth shall not be present in the mixture. Rate: 2,000 lbs./acre. total in two applications.

Water: Of such a quality that it will promote germination and growth of seeds and plants.

Water shall not contain weed seeds, nor shall it be obtained from sources containing more salts than are found in irrigation water in the vicinity.

Stabilizing emulsion (Tackifier): An organic binder derived from husks of plantain. Freeflowing, non-corrosive powder. Rate: 60 lbs/acre.

Mychorrizal inoculum: AM 120 mychorrizal inoculum applied at the time of planting. Rate:
60 lbs./acre.

EXECUTION

SOIL PREPARATION OF SEEDING AREA
Prepare all areas to be seeded. Seeding shall occur in all areas disturbed by construction not receiving mulch and outside of the Active Channel.

If requested, seeding shall be performed under direct observation of the O.R.

Soil seed bed shall be prepared from the final, O.R. approved, graded soil condition prepared by the Contractor. No seed bed preparation shall be initiated until the final grading for the project is accepted.

Seed bed preparation shall include the following where construction work has disturbed the existing finish grade. Seed bed shall be free of surface irregularities and of even compaction (80% relative compaction):

Rake out all debris and litter regardless of size or type and dispose of legally. Rocks and woody material greater than 2-inches in diameter shall all be removed from the site.

Where disturbed areas have become over compacted use a commercial grade rototiller and hand rake soil areas to meet conditions noted above.

HYDROSEEDING
All disturbed areas, not covered with mulch, or paving, or in the Active Channel, shall be hydroseeded as noted on the Plans.

Do not apply hydroseeding emulsion during rainy weather or when soil temperatures are below 40 degrees Fahrenheit.

Hydroseeding shall be completed in two applications. One application will not be acceptable. Three applications can be used if approved by O.R.

First application shall be a mix of the seed, mycorrhizal inoculum, fertilizer, and a thin application of mulch (1/4 inch) and tackifier at 500 pounds/acre.

Second application shall be a slurry mix of as greater amount of wood fiber and organic mulch at 1,500 pounds per acre
Presoak seeds for 24 hours immediately before seeding. Change water three times, at eight-hour intervals, to prevent anaerobic damage.

Perform mixing in a tank with a built-in, continuous agitation and recirculation system of sufficient operation capacity to produce a homogeneous slurry and discharge system which will apply the slurry at a continuous and uniform rate. Minimum capacity of tank:
3,000 gallons. O.R. may authorize use of smaller tank if it is demonstrated that such equipment is capable of performing all operations satisfactorily.

Begin slurry preparation by adding water to the tank when engine is at half-throttle. When water level has reached height of agitator shaft, add stabilizing agent. Then add seed and fertilizer, followed by fiber mulch. Add the mulch to the mixture only after the seed and Courtland Creek Restoration Project Technical Specifications December 6, 2022
SEEDING 329219
96 only with tank half full of water. Open the engine throttle to full speed when the tank is half filled with water. All the mulch shall be added by the time the tank is two-thirds to threefourths full. Commence spraying within two hours after the tank is full. Do not over mix, as this can break down the viability of seed.

All slurry mix which has not been applied within two hours after mixing will be rejected and removed from the site at Contractor’s expense.

Seed and subgrade shall be kept moist until germination occurs and seasonal rains ensure steady water supply. If late fall and winter rains do not maintain moist soil and vigorous seed growth conditions Contractor is responsible for manual irrigation of the seeded area.

CLEAN-UP
Keep project site free from accumulation of debris resulting from work specified in this section.

Immediately remove dirt, debris, and over seeding from seeding operations from buildings and structures, walls, pavements, and curbs.

PROTECTION
Provide adequate barriers marked with white flags, throughout the duration of the soil bioengineering period to protect installations and stockpile locations.

INSPECTION
A written notice or phone call requesting an inspection shall be given to the O.R. at least two days prior to any anticipated inspection date.

The following progress inspections are required:

Inspection and approval of all live cuttings prior to installation On-site Mock-up of each soil bioengineering treatment prior to installation Inspection of seeding processes and results

ACCEPTANCE
Soil Bioengineering treatments will be accepted provided all plan and specification requirements have been complied with and live cuttings are in a healthy condition.

MEASUREMENT AND PAYMENT

MEASUREMENT
Seeding will be measured by square feet of installed.

PAYMENT
Payment for Seeding will be made per square foot for “SEEDING” as set forth on the BID SCHEDULE shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in installing Seeding, including disposal of unsuitable materials, complete in place, as shown in the Plans, as specified in the State Standard Specification, and these Special Provisions, and as directed by the Engineer.

END OF SECTION 329219
Courtland Creek Restoration Project Technical Specifications December 6, 2022
SEEDING 329219
97 SECTION 330533 – HIGH DENSITY POLYETHYLENE (HDPE) PIPE PART 1 - GENERAL

1.01 SUMMARY
A. HDPE Pipe work shall conform to the provisions in, Section 209-5, “High Density Polyethylene (HDPE) Solid Wall Pressure Pipe, Section 306-8.6, “High Density Polyethylene (HDPE) Pressure Pipe”, and Section 500-1.3, “HDPE Solid-Wall Pipe Liner”, of the Standard Specifications.

PART 2 - PRODUCTS
A. The culvert pipe shall be HDPE Pipe with a diameter and length as shown on the Plans.

PART 3 - EXECUTION
A. The HDPE Pipe shall be placed as shown on the Plans.

PART 4 - MEASUREMENT
A. The bid item “HDPE” will be measured for payment by the linear foot (LF) determined from the dimensions shown on the plans and as adjusted by any change ordered by the Engineer.

PART 5 - PAYMENT
A. The Contract price bid per linear foot (LF) for “HDPE Pipe” shall include full compensation for furnishing all labor, material, tools, equipment, and incidentals and for doing all work associated with this item as shown on the Plans and as specified in the Standard Specifications and these Special Provisions.

END OF SECTION 330533
Courtland Creek Restoration Project Technical Specifications December 6, 2022
RIPRAP BANK PROTECTION 354237
98 SECTION 354237 – RIPRAP BANK PROTECTION
PART 1 GENERAL

1.1 RELATED DOCUMENTS
A. Drawings and general provisions of the Contract, including General Conditions, Standard Specifications and Special Provisions, and other Technical Specification Sections apply to this Section.

1.2 SUMMARY
A. This Section includes the following: Supply skilled experienced labor, materials, and equipment required to install:

1. Engineered Streambed Material

2. General Bed Material, Salvaged and Imported

3. Cascade Boulders

4. Erosion Control Riprap
B. Related Sections include the following:

1. Division 2 Section 310000 “Earthwork”

2. Division 2 Section 313400 “Soil Reinforcement”

3. Division 2 Section 323300 "Site Furnishings"

B. Active Channel: Bottom of restored creek channel within the Edge of Bankfull Channel as shown on plans.

Courtland Creek Restoration Project Technical Specifications December 6, 2022
RIPRAP BANK PROTECTION 354237
99 C. Engineered Streambed Material: Imported fill material composed of gravel and fines, suitable for use as streambed fill.

D. General Bed Material: Bed Material placed within the active channel in areas not receiving ESM. Salvaged from site and sorted.

E. Cascade Boulders: Boulders placed in Brookdale Cascade Structure active channel

1.4 SUBMITTALS
A. Submittal Package: All submittals in this specification section (excluding re-submittals) shall be compiled together and submitted to O.R. as one package.

B. Proposed Rock, Riprap, and Boulder types, sizes, color, quantities, gradation, and sources prior to delivering rock to the site. O.R. reserves the right to accompany Contractor to stone source or source quarry to select boulders for use on site.

C. Provide on-site Mock-ups for the following, for review and approval prior to installation. Successfully approved Mock-up elements can be incorporated into the final site product if approved:

1. Engineered Streambed Material

2. General Bed Material, salvaged from site

3. Creek Boulders

4. Riprap

1.5 INSPECTION
A. The Contractor shall obtain approval of the following prior to proceeding with construction:

1. Preparation of the subgrade and prior to placement of boulders (all applications)

1.6 QUALITY ASSURANCE
A. For riprap and boulder selection and placement, comply with California Department of Transportation (Caltrans) Standard Specifications for Riprap, latest edition, including Section 72.

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B. Pre-construction Meeting: Conduct meeting at Project Site to comply with specified requirements.

C. Ensure Rock, Riprap, Aggregate, and Boulder placement equipment and personnel meet the requirements of the specifications for type and experience level.

PART 2 MATERIALS

2.1 ROCK
A. Riprap (rock) shall meet Caltrans Specifications.

B. Grading of riprap shall meet the requirements of Caltrans Standard Specifications, Section 72-2, Grading of rock slope protection.

C. All rock shall be composed of hard, durable, sound pieces having a specific gravity of not less than 2.5. Rock and quarry shall be approved by O.R. prior to acquisition.

D. Flat or needle shaped rocks will not be accepted unless the thickness of the individual pieces is greater than 0.33 times the length. Porous and soft rocks shall not be allowed. In no instances will concrete or other “debris” rocks be allowed for riprap.

E. Table of Material Specified on Plans:

SPECIFIED

MATERIAL

DEFINITION PLACED
QTY.*

COMPOSITION
Engineered
Streambed
Material (ESM)
Fill
Bed Material placed at Cascade
Structure
216 cy*
Particle
Size
%
Passing
2 ft 100

0.7 ft 84

0.3 ft 50

0.25 in 16

0.1 in 8
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General Bed
Material
Bed Material placed in all other
in-channel areas not receiving
ESM Fill Material. Salvaged
material from cut areas after
sorting.
678 cy*
Riprap Toe Rock
& Cascade
Boulders
Well-graded riprap. Rounded
rock, boulders, or cobbles shall
not be used.
30* (toe rock
boulders) and
89* (cascade
boulders)
½ Ton Boulders /
Caltrans Class VII
*Note: Placed Quantity estimates are engineer’s estimates only. Contractor shall be responsible for estimating the quantity of material necessary to accomplish the work on the Plans and Specifications. Placed Quantity estimates are for information purposes only and shall not be relied upon by the Contractor for bidding.

PART 3 EXECUTION

3.1 SUBGRADE PREPARATION
A. Areas where boulders and riprap is to be placed shall be graded to elevations shown on the Plans. The soil surface shall be smooth and free from any obstructions to provide adequate contact area between the soil and riprap.

3.2 RIPRAP PLACEMENT--GENERAL
A. Riprap placement shall conform to California Department of Transportation (Caltrans) Standard Specifications, latest edition for placement, including Section 72.

B. Contractor shall provide experienced and skilled stoneworkers/boulder setting operator and crew (min. (2) men) to work under direct observation of O.R.

C. Thickness of Riprap:

1. Local surface irregularities of the slope protection shall not vary from the planned slopes by more than 1-foot when measured at right angles to the slope.

3.3 TOE ROCK RIPRAP ROCK PLACEMENT
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A. Toe Rock riprap rock shall be staged for installation at the base of a graded, compacted, and prepared creek channel toe/right bank slope. Key in 1 ton rock at base of detail on a bedding course of smaller material as shown. Provide key continuously along the toe of bank where shown on plans.

B. Deliver Toe Rock riprap to the final placement locations along creek channel. After staging riprap, re-sort Toe Rock riprap rock to ensure it meets specified gradation.

C. Mechanically and manually place Toe Rock as noted in Plans and evenly distribute various sizes of rock as noted in Plans to ensure a homogeneous mixture. Do not allow riprap to sort out and segregate larger rock from smaller rock. Layering small specified rock sizes on the surface of the Toe Rock placement will not be allowed.

D. Sufficient hand-work shall be done to provide a neat and uniform surface, with the depth being specified as shown on the plans.

E. Set rock to eliminate voids and ensure tight, interlocking placement.

3.5 GENERAL BED MATERIAL AND ESM FILL PLACEMENT
A. Deliver ESM Fill and Channel Boulders to the final placement locations along creek channel.

B. ESM Fill and Bed Material shall be built according to the line and grades on the Plans. Placement shall be under direct supervision of O.R. at all times unless otherwise noted or agreed to after approval of the Mock-up.

C. ESM Fill and Bed Material shall be placed such that the finished condition forms a voidless and homogeneous layer.

D. Mechanically tamp, water-jet and compact ESM Fill and Bed Material in 8-inch lifts to remove all void space. Compact to 85 percent relative compaction.

E. Water-jet ESM Fill between 8-inch lifts to fill voids with fines between larger cobbles and boulders. Recycled water collected from within work area may be used. Contractor should control discharge of wash water per applicable regulations. Use pressurized discharge of sufficient volume and force to settle smaller bed material and fill voids. Ensure jetted material penetrates the full depth of the bed material.

F. Grade tolerance for ESM Fill and boulders is +0.2’ (no under), when considering the neat line across the installed materials.

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G. Blend transition between ESM Fill Material and General Bed Material at all points of transition to blur the distinction between these two Bed Materials.

3.6 CASCADE BOULDER PLACEMENT
A. Prepare site to accept boulders as described on the Plans and as directed by O.R. Verify placement and boulder and stepping stone type and size with O.R. prior to installation. Boulders shall be placed after rough site grading has been completed, and prior to site paving operations. See Plans for additional information.

B. Deliver Cascade Boulders in quantities to general locations shown on Plans. Install in final locations directed by O.R. in the field. Provide compacted void-less condition between Site Boulders and underlying native soil or imported rock materials.

C. Boulders placed in cascade structure should be the largest rocks (minimum intermediate axis of 24 inches) placed at the downstream face of cascade structure. Smaller rocks may be used in the infill for the cascade structure.

D. Protect all site improvements during the setting of boulders and riprap rock.

3.9 CLEAN-UP
A. Keep project site reasonably free from accumulation of debris resulting from work specified in this section.

B. Immediately remove dirt, debris, and over seeding from seeding operations from buildings and structures, walls, pavements, and curbs.

3.10 PROTECTION
A. Provide adequate barriers marked with white flags, throughout the duration of the riprap installation to protect installations and stockpile locations.

3.11 INSPECTION
A. A written notice or phone call requesting an inspection shall be given to the O.R. at least two days prior to any anticipated inspection date.

B. The following progress inspections are required:

1. Inspection and approval of all riprap, boulder, and aggregate prior to installation.

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2. On-site mock-up of each riprap, boulder, and aggregate material detail prior to installation.

3. Inspection and approval of the Work in this Section.

3.12 ACCEPTANCE
A. Riprap, aggregate, and boulder installations shall be accepted provided all provisions of the Plans and Specifications have been met.

PART 4 MEASUREMENT
A. ESM fill will be measured by cubic yard as set forth in the BID SCHEDULE. Boulders will be measured by the tonnage as set forth in the BID SCHEDULE. Boulder placement and toe rock will be measured by rock ton installed, complete in place. The contract price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in excavation, placement, installing ESM fill and boulders, as shown on the Plans, as specified herein and in the Standard Specifications, as required by the permits, and as directed by the Owner’s Representative. To insure that the Contractor is utilizing the appropriate tonnage and type of rock for each structure, each truckload of rock arriving on-site shall be accompanied by a weight slip furnished by a licensed weigh master in accordance with Section 9-1.01, “Measurement of Quantities”, of the Standard Specifications.

PART 5 PAYMENT
A. Payment for rock installation, complete in place, will be made at the contract price bid for BOULDER PLACEMENT and ESM FILL, as set forth on the BID SCHEDULE. The contract price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in excavating, backfilling, compacting to the specified relative compaction, furnishing water necessary to moisten, place or otherwise aid in backfilling and compaction operation, stockpiling and moving excavated material regardless of number of times, rough and finish grading, and off hauling of surplus material, complete in place, as shown on the Plans, as specified herein and in the Standard Specifications, as required by the permits, and as directed by the Owner’s Representative.

END OF SECTION 354237
1005340 – Courtland Creek Restoration
Section 7. Bid Drawings – Bound Separately
1005340 – Courtland Creek Restoration
Section 8. Appendices

1005340 – Courtland Creek Restoration
APPENDIX A: Sample Construction Contract
Project # Page 1 rev042020

CITY OF OAKLAND

CONTRACT OF PUBLIC WORKS
THIS CONTRACT is entered into this [day and month] of [year] by and between the:

City of Oakland, a municipal corporation,
(hereinafter referred to as “City”), and
[CONTRACTOR NAME in all CAPS],
(hereinafter referred to as “Contractor”).

FOR AND IN CONSIDERATION of the promises hereinafter made, City and Contractor agree as follows:

Contractor will furnish necessary machinery, tools, apparatus, and other means of construction.

Further, Contractor will furnish the materials and do all work in the manner and time prescribed in:
1) Project Specifications, Plans, including any Addenda, for Project No. [Number - NAME in all CAPS] and documents referenced and incorporated therein; and 2) The Contractor’s bid in the sum of [Enter alpha dollar amount and 00/100 cents] ($ ) received [Month, Date, Year] (Exhibit A – Scope of Work).

The contract documents shall include, but are not limited to, all documents identified above, the “Greenbook” Standard Specifications for Public Works Construction, 2015 Edition, and the City of Oakland Standard Details for Public Works Construction, 2002 Edition thereto, and shall constitute the contract between the parties as though all documents were attached hereto or herein repeated. The contract documents are intended to be cooperative and to provide for a complete work. Said contract documents are on file in the Public Works Department.

1. Commencement of Work
Work shall be commenced on the date of the Notice to Proceed issued by the Public Works Department and shall be completed within ?? working days.

2. Bonds
Contractor shall provide two good and sufficient surety bonds, which name the City of Oakland as insured. The Payment Bond shall be for One Hundred percent (100%) of the contract price to guarantee faithful payment to subcontractors, material suppliers, and laborers. The Performance Bond shall be One Hundred percent (100%) of the contract price. Contractor shall maintain the bonds in full force and effect until the work is accepted by City, and until all claims for material and labor are paid, and shall otherwise comply with the Civil Code.

3. Contractor’s Liability
Contractor shall be responsible for all injuries to persons and for all damage to real or personal property of City or others, caused by, or resulting from the negligence of itself, its employees, or its agents during the progress of, or connected with, the rendition of Sample
Project # Page 2 rev042020
services hereunder. Contractor shall defend and hold harmless and indemnify City, Councilmembers, directors, officers, agents, employees, and volunteers from all costs and claims for damages to real or personal property, or personal injury to any third party, resulting from the negligence, actions, or inaction of Contractor, subcontractors, employees or agents, arising out of the Contractor’s performance of work under this contract.

Contractor must provide proof of insurance per Schedule Q.

4. Liability Insurance
Contractor shall maintain all insurance required by the project for the duration of the contract. Contractor shall name the City of Oakland and its Councilmembers, directors, officers, agents, employees and volunteers as additional insureds on the general liability policy. Contractor must provide proof of insurance per Schedule Q.

5. Worker’s Compensation Insurance
Contractor hereby certifies that it is aware of and will comply with Section 3700 of the California State Labor Code that requires every employer to be insured against liability for Workers’ Compensation or to undertake self insurance before commencing any of the work. Contractor must provide proof of insurance per Schedule Q.

6. Minimum Wage Ordinance
Oakland employers are subject to Oakland’s Minimum Wage Law whereby Oakland employees must be paid the current minimum wage. Employers must notify employees of the annually adjusted rates by each December 15th and prominently display notices at the job site. The law requires paid sick leave for employees and payment of service charges collected for their services. For further information, please refer to:
http://www2.oaklandnet.com/government/o/CityAdministration/d/MinimumWage/index.htm

7. Prevailing Wage
Contractor certifies and agrees that it will comply with the requirement to pay its employees prevailing wages as set forth in City Resolution No. 57103 C.M.S. City may request documentation to certify that Contractor has paid its employees at the appropriate prevailing wage rate. In the event that City determines that Contractor has failed to pay any of its employees in accord with the appropriate prevailing wage rate, City shall report its findings to the Department of Labor and/or withhold the difference between the amount paid and amount owed for prevailing wages from any amount owed Contractor until such time as the payment dispute is fully and finally resolved. This provision in no way creates any contractual or third party beneficiary relationship between any of Contractor’s employees and City, nor does it create any liability or duty on City for Contractor’s failure to make timely or appropriate payments to its employees.

8. Nuclear Weapons Policy
It is City’s policy to minimize the expenditure of City funds on goods and services produced by Nuclear Weapons Makers. City urges all contractors to avoid contracting for goods and services which are manufactured or provided by Nuclear Weapons Makers.

Contractor must also complete Schedule P.

Sample
Project # Page 3 rev042020

9. Audit
Contractor shall permit authorized representatives of City to have access to Contractor’s books, records, accounts and any and all data relevant to this contract, for the purpose of making an audit or examination during the term of the contract and for a period of four years following the fiscal year of the last expenditure under this contract.

10. Non-Discrimination
This contract is subject to state contract nondiscrimination and compliance requirements pursuant to California Government Code, Section 12990. Further, Contractor agrees not to discriminate against any individual or company because of marital status, race, color, religion, ancestry, sex, sexual orientation, age, national origin, physical handicap, Acquired Immune Deficiency Syndrome (AIDS), or AIDS related conditions, or any other arbitrary basis.

11. Oakland Business License
Contractor has and will continue to maintain a current Oakland Business License during the term of this contract. Contractor shall insert in each of its subcontract agreements a provision which requires its subcontractors to present proof that the subcontractor has obtained a current Oakland Business License during the term of this contract.

12. Termination on Notice
The City may terminate this Agreement immediately for cause or without cause upon giving (30) calendar days’ written notice to Contractor.

13. Notice
Any party to this contract may change the name or address of representatives for purpose of this paragraph by providing written notice, via facsimile and concurrently by prepaid U.S. certified or registered postage, to all other parties ten (10) business days before the change is effective.

City of Oakland:

OPW-Contract Services
250 Frank H. Ogawa Plaza, Suite 4314
Oakland, CA 94612
Fax (510) 238-2436 or [email protected]
Contractor:
[Name of Company]
[Name of Project Manager]
[address]
[fax no.] or [email]
Any party to this Agreement wishing to make changes to this Notice section shall do so in writing ten (10) business days before the change is effective.

Sample
Project # Page 4 rev042020

14. Certification
The individuals who have affixed their signatures below certify and attest each is empowered to execute this Agreement and act on behalf of and bind the party in whose name this Agreement is executed.

IN WITNESS WHEREOF:

Contractor has hereto set his hand, and the City Administrator of the City of Oakland, by Resolution of the City Council of said City, thereunto duly authorized, has caused the name of the CITY OF OAKLAND to be affixed hereto, all in triplicate the day and year first above written. [CONTRACTOR NAME in all CAPS]
[person's name] Date
[person's title]
Approved as to form and legality:

Office of the City Attorney Date
City Council Resolution No.

Oakland Business Tax Certificate No.

Contract Purchase Order No.

DEPARTMENT DIRECTOR
Public Works Department Date

CITY OF OAKLAND
(a municipal corporation)
Office of the City Administrator Date
DIR Project ID No.

Sample
Project # Page 5 rev042020
EXHIBIT A - Scope of Work
1) Project Description:

Insert NTB project description
2) The following documents are physically included in the Contract:

A. Contractor’s Bid dated:

Sample
Bond No. ______________________________
*Power of Attorney must be certified on this date or later.

PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, That , (Contractor Name) a , as Principal, and , (corporation, partnership or individual) (Surety Name) a corporation organized and existing under the laws of __________________________, and authorized to transact a general surety business in, the State of California, are held and firmly bound unto the City of Oakland, a municipal corporation, as Obligee, in the sum of ($ ), lawful money of the United States of America, to be paid to the said Obligee, for which payment well and truly to be made, we bind ourselves and each of our heirs, executors, administrators, successors and assigns jointly and severally firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that
WHEREAS, Principal has entered into a contract dated with Obligee to furnish all necessary machinery, tools, apparatus, other means of construction, and all the materials specified by the contract to do the work in the manner and time prescribed by and in accordance with Drawings and Specifications for Project No. Number - Name and Contractor’s bid dated . Said work shall be commenced on the date of the Notice to Proceed and shall be completed within working days of said date.

NOW, THEREFORE, if Principal well and faithfully performs all the conditions and covenants of the said contract, according to the true intent and meaning thereof, upon its part to be kept and performed, then the above obligation shall be void. Otherwise it shall remain in full force and virtue.

PROVIDED, FURTHER, that the Surety for value received hereby stipulates and agrees that death of individual Principal shall not relieve Surety of its obligation; that no amendment, change, extension of time, alteration or addition to the contract or any feature or item or items of performance required therein or thereunder shall in any manner affect its obligations on or under this Bond; and that Surety does hereby waive notice of such amendment, change, extension of time, alteration or addition to the contract or any feature or item or items of performance required therein or thereunder.

IN WITNESS WHEREOF, the instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this * day of of .

[Seal]
(Contractor Name)

By: [Seal]
(Must be President, Vice President, Owner, Partner, Manager or Member)

Title:

(Surety Name)
By: [Seal]
Sample
Bond No. ______________________________
*Power of Attorney must be certified on this date or later.

PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS, That , (Contractor Name) a , as Principal, and , (corporation, partnership or individual) (Surety Name) a corporation organized and existing under the laws of __________________________, and authorized to transact a general surety business in, the State of California, are held and firmly bound unto the City of Oakland, a municipal corporation, as Obligee, in the sum of ($ ), lawful money of the United States of America, to be paid to the said Obligee, for which payment well and truly to be made, we bind ourselves and each of our heirs, executors, administrators, successors and assigns jointly and severally firmly by these presents.

PROVIDED, FURTHER, if Principal shall promptly make payment to all persons, firms, subcontractors, corporations, and otherwise furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for the moment and tools consumed or used in connection with the construction of such work, and all insurance premiums on said work, then the above obligation shall be void. Otherwise it shall remain in full force and virtue.

PROVIDED, FURTHER, that no final settlement between the Obligee and the Principal shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, the instrument is executed in three (3) counterparts, each one of which shall be deemed an original, this * day of of .

[Seal]
(Contractor Name)

By: [Seal]
(Must be President, Vice President, Owner, Partner, Manager or Member)

Title:

(Surety Name)
By: [Seal]
Sample
Bond No. ______________________________

ACKNOWLEDGMENT

STATE OF CALIFORNIA
County of
On before me, , a
Notary Public, personally appeared , who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ties), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Sample
Project # Exhibit B rev022221
EXHIBIT B – Required Federal-Aid Contract Language
ATTACHED: Exhibit 12-G from the Local Assistance Procedures Manual Local Assistance Procedures Manual Exhibit 12-G
Required Federal-Aid Contract Language

Page 1 of 35 ends

Oakland City CouncilApril 18, 2023

Oakland City Council
April 18, 2023