July 11, 2023
Department
DATE: July 11, 2023
TO: Mayor Martinez and Members of the City Council
FROM: Daniel Chavarria, PE, Director of Public Works
Wendy Wellbrock, PE, Senior Civil Engineer
Ken Cheng, PE, Senior Civil Engineer
Subject: Contract with UST Services, Inc. for Construction of the Flood Risk Reduction in the Rheem Creek Watershed
Project
FINANCIAL IMPACT: The City has been awarded grant funding from the Californica Natural Resources Agency (CNRA). CNRA
grant funding in the amount of $742,449 and $650,000 in the General Capital Fund is available for construction.
City staff is recommending a transfer of $650,000 from
the General Capital Fund for the Santa Rita Road Piling Project to the Flood Risk Reduction in the Rheem Creek
Watershed Project. The Santa Rita Road Piling Project
to be funded from Risk Management funds. This will
result in no new impact to the General Fund. Account
String:40623431-400708 (CNRA grant, Stormwater
Fund) and 20136031-400708 (General Capital Fund)
PREVIOUS COUNCIL
ACTION:
Council adopted a resolution authorizing the grant
application on July 6, 2021, and accepted and
appropriated the grant award on July 19, 2022
STATEMENT OF THE
ISSUE:
City staff is requesting approval to award a construction contract for the Flood Risk Reduction project in the
Rheem Creek Watershed Project to UST Services, Inc. in
an amount not to exceed $1,233,190. City staff proposes a total project budget of $1,356,509. This project budget includes the aforementioned contract award amount and
a 10 percent contingency in the amount of $123,319.
AGENDA
REPORT
1912
July 11, 2023
RECOMMENDED ACTION: ADOPT a resolution authorizing the execution of a construction contract in accordance with the approved
plans and specifications with UST Services, Inc., for the Flood Risk Reduction in the Rheem Creek Watershed
Project, in an amount not to exceed $1,233,190; and
AUTHORIZE the Director of Public Works to approve
changes orders, if necessary, for up to the total 10
percent contingency amount of $123,319 - Public Works
Department (Daniel Chavarria 510-620-5478/ Wendy
Wellbrock 510- 307-8108).
DISCUSSION:
For over 20 years, the Fairmede neighborhood of Richmond and adjacent unincorporated Rollingwood neighborhood have suffered from flooding related to overflows from Rheem Creek. In 2019, the City collaborated with American Rivers, the Watershed Project, Restoration Design Group, and other local partners to complete technical studies and prepare community-supported plans to solve flooding issues along Rheem Creek. That project, funded by a $274,515 grant from the Coastal Conservancy, included a topographic survey, 65 percent designs, a maintenance & monitoring plan, and permits submitted to the appropriate regulatory agencies. Project partners also did extensive community outreach to survey residents about their experience of the flooding and what they would like to see in the construction project. Due to COVID-19 closures, some of the in-person outreach was replaced with the creation of a “storybook” to visualize the history and future of the creek.
In June of 2020 the City, along with the above-mentioned partners, submitted an application to the Urban Flood Protection Grant Program requesting grant funding for final design and project implementation for a restoration project. Construction of the proposed restoration project will reduce flooding by removing invasive species and excessive sediment, grading a geomorphically stable channel, and planting native riparian vegetation to improve creek habitat. In September of 2021, the City was awarded grant funding in the amount of $1,598,844 for the Flood Risk Reduction in the Rheem Creek Watershed Project. $742,449 is reserved for the construction contract, $360,425 is reserved for revegetation work, $121,675 is reserved for construction contingency and the remaining funds are budgeted for non-construction costs including design, outreach, project, and grant management.
The City advertised the project for bids on June 6, 2023, and bids were opened on June 23, 2023. The City received one bid from UST Services, Inc. for a base bid amount of $1,233,790.
UST Services, Inc. was the sole and apparent lowest bidder. City staff reviewed the bid and found mathematical errors in the summation of bid items in the total base bid price. 1913
July 11, 2023
Upon evaluating the total base bid price based on bid items, it was found that the correct sum was $1,233,190.
City staff has determined that the low bid is responsive and responsible. As part of the services needed to implement the Project, Public Works staff is recommending that City Council award the construction contract to UST Services, Inc. for the Flood Risk Reduction in the Rheem Creek Watershed Project in an amount not to exceed $1,233,190; and authorize the Public Works Director to approve change orders, if necessary, for up to the contingency amount of $123,319 (which is 10 percent of the construction award amount).
Pursuant to the California Department of Fish and Wildlife Streambed Alteration Agreement, project activities in Rheem Creek are limited to the period between May 1 and October 31 to minimize adverse impacts to fish and wildlife and their activities.
Award of the construction contract must be executed in July in order to complete construction activities by October 31, 2023. Otherwise, City staff will have to recommend City Council reject the bid and wait until Spring of 2024 to rebid the project.
Construction costs due to inflation have sharply increased in recent years. With construction costs continuing to trend upward, delaying the project to 2024 may result in a larger financial impact to the City.
As aforementioned, a portion of the grant is reserved for the revegetation phase of the project, and so there are not enough funds for the construction contract. The Public Works Department worked with the Finance Department on this funding issue. City staff recommends a transfer of $650,000 of monies from the General Capital Fund (Santa Rita Road Piling Project) to this project. Any balance remaining at the completion of the project will be returned to the General Fund or to another project. The Santa Rita Road Piling Project can be funded from Risk Management Funding.
Environmental Documentation
The proposed project was determined to be categorically exempt per CEQA Guidelines Section 15333, Small Habitat Restoration Project. The project area is less than one acre and would not pose an adverse impact to endangered, rare, or threatened species or their habitat, will not disturb hazardous materials, and will not result in significant impacts.
DOCUMENTS ATTACHED:
Attachment 1 – Resolution
Attachment 2 – Bid Results
Attachment 3 – Bid Documents
1914
Reso. No. xx-23
RESOLUTION NO. xx-23
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND,
CALIFORNIA, AUTHORIZING THE AWARD OF A CONSTRUCTION CONTRACT TO UST SERVICES, INC., FOR THE FLOOD RISK REDUCTION IN THE RHEEM
CREEK WATERSHED PROJECT
WHEREAS, the Fairmede neighborhood of Richmond and adjacent unincorporated Rollingwood neighborhood have suffered from flooding related to overflows from the Rheem Creek, and technical studies were completed to address flooding issues along Rheem Creek; and WHEREAS, in June of 2020, the City along with local partners submitted an application to the Urban Flood Protection Grant Program for design and project implementation for a restoration project in Rheem Creek, and in September of 2021 the City was awarded grant funding in the amount of $1,598,844 for the Flood Risk Reduction in the Rheem Creek Watershed Project (Project); and
WHEREAS, an invitation for bids was duly advertised on June 6, 2023, bids were opened on June 23, 2023, and the City received 1 bid from UST Services, Inc. for a base bid amount of $1,233,790; and
WHEREAS, upon receipt and review of the submitted bid, mathematical errors were found in UST Services, Inc,’s bid, which upon evaluating the total base bid price based on bid items, the corrected sum was $1,233,190; and
WHEREAS, UST Services, Inc. was determined to be the lowest responsive and responsible bidder, and references for UST Services, Inc. were provided and checked out satisfactorily; and
WHEREAS, staff desires to award a construction contract to UST Services, Inc., for the Project in an amount not-to-exceed $1,233,190, and authorize the Public Works Director to approve change orders, if necessary, for up to the contingency amount of $123,319; and WHEREAS, a portion of the grant is reserved for the revegetation phase of the project, and so there are not enough funds for the construction contract. The Public Works Department worked with the Finance Department on this funding issue and Staff recommends a transfer of $650,000 of monies from the General Capital Fund (Santa Rita Road Piling Project) to this project. Any balance remaining at the completion of the project will be returned to the General Fund or to another project, and the Santa Rita Road Piling Project shall be funded from Risk Management Funding; and
WHEREAS, Grant Funds for this project and a $650,000 transfer of General Capital Funds for this project are sufficient to fund the cost of construction and this will result in no net impact to the General Fund; and
WHEREAS, by the agenda report (“Agenda Report”) accompanying this resolution the City Council has been provided with additional information upon which the findings and actions set forth in this Resolution are based.
NOW, THEREFORE, BE IT RESOLVED that the City Council finds the above recitals are true and correct and have served, together with the Agenda Report, as the basis for the findings and actions set forth in this Resolution.
BE IT FURTHER RESOLVED that the City Council hereby authorizes the award of a construction contract to UST Services, Inc. as the lowest responsive and responsible bidder for the construction of the Flood Risk Reduction in the Rheem Creek Watershed Project in an amount not-to-exceed $1,356,509 (including construction contingencies). 1915
Reso. No. xx-23
BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager, or their designee, to execute and make amendments to the construction contract as needed to facilitate the completion of the Project.
BE IT FURTHER RESOLVED that the City Council designates the City Clerk as the custodian of the documents and other materials which constitute the record of proceedings upon which the decision herein is based. These documents may be found at the Ooffice of the City Clerk at the Richmond City Hall, 450 Civic Center Plaza, Richmond, California 94804. *************************
I certify that the foregoing resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held July 11, 2023, by the following vote:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
Mayor
Approved as to form:
City Attorney
1916
6/29/23, 10:59 PM PlanetBids Vendor Portal
https://pbsystem.planetbids.com/portal/14590/bo/bo-detail/106550#bidResults 1/1 Flood Risk Reduction in the Rheem Creek Watershed Project Showing 1 Bid Result
UST Testing Services inc
1635 CHALLENGE DRIVE
CONCORD, California 94520
Contact: Robert D Peacock
Phone: 925-288-8944
CADIR $1,233,790.00
Vendor Type Bid Amount Responsive
1917
City of Richmond Flood Risk Reduction in the
Rheem Creek Watershed Project
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CITY OF RICHMOND
Department of Public Works ______________________________________________________________________________
NOTICE TO CONTRACTORS
BID PROPOSAL
AND
SPECIAL PROVISIONS
FOR
FLOOD RISK REDUCTION IN THE RHEEM
CREEK WATERSHED PROJECT
JUNE 2023
1918
City of Richmond Flood Risk Reduction in the
Rheem Creek Watershed Project
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1919
1920
City of Richmond Flood Risk Reduction in the
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1921
City of Richmond Flood Risk Reduction in the
Rheem Creek Watershed Project
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TABLE OF CONTENTS
INTRODUCTION .......................................................................................................................... 1 INVITATION FOR BIDS .............................................................................................................. 2 INSTRUCTIONS TO BIDDERS ................................................................................................... 5 BID PROPOSAL .......................................................................................................................... 18 BID SCHEDULE .......................................................................................................................... 20 SUBCONTRACTOR FORM ....................................................................................................... 24 PUBLIC CONTRACT CODE ...................................................................................................... 28 DEBARMENT AND SUSPENSION CERTIFICATION ........................................................... 30 BIDDER’S NON-COLLUSION AFFIDAVIT ............................................................................ 32 BIDDER’S BOND ........................................................................................................................ 34 PERFORMANCE BOND ............................................................................................................. 36 PAYMENT BOND ....................................................................................................................... 38 WARRANTY BOND ................................................................................................................... 40 FIRST SOURCE AGREEMENT ................................................................................................. 43 CONTRACT ................................................................................................................................. 45 SPECIAL PROVISIONS .............................................................................................................. 62 SECTION SP-1 – STANDARD SPECIFICATIONS .............................................................. 63 SECTION SP-2 – PLANS AND SPECIFICATIONS .............................................................. 64 SECTION SP-3 - AWARD AND EXECUTION OF CONTRACT ........................................ 65 SECTION SP-4 - BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES ............................................................................................................................... 67 SECTION SP-5 - PUBLIC NOTICES ..................................................................................... 70 SECTION SP-6 – WATERING................................................................................................ 71 SECTION SP-7 – GENERAL .................................................................................................. 72 SECTION SP-8 – TRENCH SAFETY ..................................................................................... 84 SECTION SP-9 – PUBLIC UTILITY COORDINATION ...................................................... 85 SECTION SP-10 – MOBLIZATION ....................................................................................... 86 SECTION SP-11 – STORM WATER POLLUTION CONTROL .......................................... 87 SECTION SP-12 – TEMPORARY TRAFFIC CONTROL ..................................................... 88 1922
City of Richmond Flood Risk Reduction in the
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SECTION SP-13 – CLEARING AND GRUBBING ............................................................... 93 SECTION SP-14 - DISPOSAL OF MATERIALS .................................................................. 98 SECTION SP-15 - EXISTING UTILITIES ............................................................................. 99 SECTION SP-16 – PRESERVATION OF PROPERTY ....................................................... 101 SECTION SP-17 – CONSTRUCTION STAKING ............................................................... 103 SECTION SP-18 - DEWATERING ....................................................................................... 104 SECTION SP-19 – SAWCUT EXISTING PAVEMENT ...................................................... 106 SECTION SP-20 – REMOVE ASPHALT CONCRETE PAVEMENT ................................ 107 SECTION SP-21 – REMOVE OF EXISTING CONCRETE CURB AND GUTTER, SIDEWALK, AND MISCELLANEOUS CONCRETE......................................................... 108 SECTION SP-22 – EARTHWORK ....................................................................................... 109 SECTION SP-23 – EXCAVATION ....................................................................................... 111 SECTION SP-24 – SCARIFICATION AND COMPACTION ............................................. 113 SECTION SP-25 – AGGREGATE BASE ............................................................................. 114 SECTION SP-26 – ASPHALT CONCRETE PAVEMENT .................................................. 116 SECTION SP-27 – CONCRETE IMPROVEMENTS ........................................................... 119 SECTION SP-28 - STORM DRAIN PIPE ............................................................................. 122 SECTION SP-29 – STORM DRAIN STRUCTURES ........................................................... 128 SECTION SP-30 – ROCK SLOPE PROTECTION ............................................................... 129 TECHNICAL PROVISIONS ..................................................................................................... 131
COVER SHEET
01 55 26 TRAFFIC CONTROL
01 57 23 TEMPORARY STORMWATER POLLUTION CONTROL
01 71 13 MOBILIZATION
10 14 00 SIGNAGE
31 30 00 SITE CLEARING
31 20 00 EARTHWORK
31 23 19 DEWATERING
31 25 00 SHEET MULCH
31 14 43 PERMEABLE UNIT PAVERS
32 16 00 CURBS, GUTTERS, SIDEWALKS
32 31 00 FENCES AND GATES
33 40 00 STORMWATER UTILITIES
33 40 01 SD EASEMENT RESTORATION
APPENDIX A – CITY OF RICHMOND – FIRST SOURCE AGREEMENT ........................ A 1923
City of Richmond Flood Risk Reduction in the
Rheem Creek Watershed Project
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APPENDIX B – CITY OF RICHMOND – INSURANCE REQUIREMNTS – CONSTRUCTION PROJECTS.................................................................................................. B APPENDIX C – CITY OF RICHMOND – TRUCK ROUTE ................................................... C APPENDIX D – CITY OF RICHMOND – ENVIRONMENTAL AGENCY PERMITS ....... D 1924
City of Richmond Flood Risk Reduction in the
Rheem Creek Watershed Project
Introduction
1 City of Richmond
Department of Public Works
INTRODUCTION
1. CONTRACT DOCUMENTS
All documents included in the Project Specifications shall constitute part of the contract (hereinafter called "Contract Documents") for the completion of the project.
2. PROJECT
The Project (hereinafter in the Contract Documents and in the Contractual Agreement signed by the Contractor called "Project") to be completed by the Contractor is defined as follows:
FLOOD RISK REDUCTION IN THE RHEEM CREEK
WATERSHED PROJECT
3. DEFINITIONS
The following terms as used in the Contract Documents and in the Contractual Agreement signed by the Contractor shall have the meanings set forth below:
"City" shall mean the City of Richmond, California.
"Contract" shall mean both the Contract Documents and the Contractual Agreement for the completion of the Project which is signed by the Contractor. "Contractor" shall mean the bidder who signs the Contractual Agreement for the Project substantially in the form set forth in the Contract Documents labeled, "Contractual Agreement Form."
“Department” shall mean the City of Richmond, California. "Engineer" shall mean the City Engineer or his designated representative. "Local Public Agency" shall mean the City of Richmond, California. "Standard Specifications" shall mean 2018 edition of the State of California Department of Transportation Standard Specifications.
"City Standard Details" shall mean the Standard Details
END OF INTRODUCTION
1925
City of Richmond Flood Risk Reduction in the
Rheem Creek Watershed Project
Invitation for Bids
2 CITY OF RICHMOND
DEPARTMENT OF PUBLIC WORKS
INVITATION FOR BIDS
BID OPENING: The City of Richmond will receive sealed bids for the Flood Risk Reduction in the Rheem Creek Watershed Project electronically through BidsOnline until 2:00 p.m. on Friday, June 23, 2023. All bid forms must be electronically submitted by the due date and time or the bid will not be considered..
NON-MANDATORY PRE-BID MEETING: A non-mandatory pre-bid meeting will be held at 1:30p.m., Wednesday, June 14th, 2023 at Fordham Street between Greenwood Drive and Moyers Road. The project team will be available to answer questions related to the bid documents and the project. The pre-bid meeting will last approximately 1 hour.
QUESTIONS: All questions relative to this bid must be submitted via the electronic BidsOnline system on the Q&A tab by 5:00 p.m. PST on Friday, June 16, 2023. If the City of Richmond finds it necessary to issue an addendum, prospective bidders will receive e-mail notification of the addendum. Otherwise, answers to questions received will be provided on the Q&A tab and notification will be sent accordingly. If is the bidders responsibility to periodically check the BidsOnline website, www.ci.richmond.ca.us/bids for any possible Addenda to the bid that may have been posted.
WORK DESCRIPTION: In general, the work consists of clearing and grubbing, dewatering, excavation of channel and culvert, installation of erosion control measures, replacement of curb, gutters, sidewalks, miscellaneous concrete, asphalt concrete, chain link fence, guardrail, guardrail gate, installation of 18-inch storm drain line, 24-inch storm drain line, drain inlet, outfall protection; and for all other work, items, or details including demolition and removals, that are required by the Drawings, State Standard Specifications, of these Special Provisions.
The Engineer’s Estimate of Probable Construction Cost for the Base Bid Work is approximately:
$ 938,000 (Base Bid).
BID DOCUMENTS: Bid Documents can be obtained from the City of Richmond’s website www.ci.richmond.ca.us/bids. To download documents, new vendors will be required to register.
Once the vendor downloads any documents relative to a solicitation, that vendor’s name will appear on the prospective bidders list for that project and will receive any addenda or notifications relating to this bid.
BID DEPOSIT: A certified check or bank draft, payable to the order of the City of Richmond, negotiable U.S. Government Bonds (at par value) or a satisfactory Bid Bond executed by the 1926
City of Richmond Flood Risk Reduction in the
Rheem Creek Watershed Project
Invitation for Bids
3 Bidder and an acceptable surety, in an amount equal to ten percent (10%) of the total bid shall be submitted with each bid. A bidder shall not be relieved of the bid unless by consent of the City nor shall any changes be made in the bid because of mistake, but a bidder may bring an action in the Superior Court of Contra Costa County for recovery of any amount forfeited, without interest or costs. A bidder who claims a mistake or who forfeits his or her bid security shall be prohibited from participating in further bidding on the project.
WITHDRAWAL OF PROPOSALS: Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids only by written request for the withdrawal of the bid filed with the City Clerk. The request shall be executed by the bidder or its duly authorized representative. The withdrawal of a bid does not prejudice the right of the bidder to file a new bid.
Whether or not bids are opened exactly at the time fixed in the public notice for opening bids, a bid will not be received after that time nor may any bid be withdrawn after the time fixed in the public notice for opening of bids.
DISQUALIFICATION OF BIDDERS: More than one proposal from an individual, firm, partnership, corporation, or combination thereof under the same or different names will not be considered. Reasonable grounds for believing that any individual, firm, partnership, corporation, or combination thereof is interested 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 the bidders, any or all proposals may be rejected. Proposals in which the prices obviously are unbalanced may be rejected as not responsive.
PREVIOUS DISQUALIFICATION, REMOVAL, OR OTHER PREVENTION OF BIDDING: A bid may be rejected on the basis of a bidder, any officer of such bidder, any employee of such bidder who has a proprietary interest in such bidder, or any listed subcontractor, having been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local project because of a violation of any law or any safety regulation.
RESPONSIBILITY FOR VERIFYING CONTRACT ADDENDA: All bidders shall verify if any addenda for this project have been issued by the City of Richmond. It is the bidders’ responsibility to ensure that all requirements of contract addenda are included in the bidder’s proposal. All bidders shall include a signed copy of all contract addenda with the proposal. Failure to comply with this requirement shall cause the proposal to be considered as non-responsive and shall be grounds for rejection of the bid.
CONTRACTOR’S LICENSE: All bidders are subject to California contractor’s licensing laws and the provisions of Business and Professions Code Section 7028.15. A California Type A Contractor’s license is required to bid this Contract. Joint ventures must secure a joint venture license prior to award of this Contract. A Concrete Contractor’s Type C-8 license must be held by the Contractor or as a listed sub-contractor. Other licenses may be required for additional specialty work.
1927
City of Richmond Flood Risk Reduction in the
Rheem Creek Watershed Project
Invitation for Bids
4 MINIMUM WAGE RATES: Not less than the minimum salaries and wages as set forth in the Contract Documents must be paid on this project, and that the Contractor must ensure that employees and applicants for employment are not discriminated against because of their race, color, religion, sex or national origin.
BID REVIEW: Bids may be held by the City of Richmond for a period not to exceed sixty (60) days from the date of the opening of Bids for the purpose of reviewing the Bids and investigating the qualifications of Bidders, prior to awarding of the Contract.
CITY’S RIGHT TO REJECT BIDS: The City of Richmond reserves the right to reject any or all Bids, or to waive any informality or minor irregularity in the bids.
BID PREPARATION COSTS: Bidders are solely responsible for the cost of preparing bids.
City of Richmond, a Municipal Corporation
Pamela Christian
City Clerk
END OF INVITATION FOR BIDS
1928
City of Richmond Flood Risk Reduction in the
Rheem Creek Watershed Project
Instructions to Bidders
5 CITY OF RICHMOND
DEPARTMENT OF PUBLIC WORKS
INSTRUCTIONS TO BIDDERS
1. GENERAL INFORMATION
A. Bids are invited for construction for the Flood Risk Reduction in the Rheem Creek Watershed Project.
B. Sealed bids will be received up to the time and date as indicated in the Invitation to Bid or as modified by Addenda. Bids received after that time will not be accepted.
1. Bids will be opened publicly via BidsOnline. Please visit the City’s website at www.ci.richmond.ca.us/bids to register as a vendor, to order bid documents, and to submit bid documents.
2. SITE VISIT
Bidders are strongly encouraged to visit the sites of the proposed work and fully acquaint themselves with the existing conditions. Bidders should fully inform themselves as to the facilities involved, the difficulties and restrictions attending the performance of the contract. Bidders should thoroughly examine and familiarize themselves with the Specifications and all other Contract Documents. The Contractor, by the execution of this Contract, shall in no way be relieved of any obligation under it, due to Contractor's failure to receive or examine any form or legal instrument, or to visit the site and acquaint themselves with the existing conditions. The owner will reject any claim based on facts regarding which the bidder should have been aware as a result of visiting the site or reading the Contract Documents.
3. PROPOSAL
To receive consideration, bids shall be made in accordance with the following instructions:
A. Bids shall be made upon the proposal form contained herein. All items shall be properly filled in; numbers shall be stated both in writing and in figures. The signatures shall be original. Any alterations, interlineations, or erasures must be initialed.
B. Bids shall be submitted only upon the items of bid stated in the specifications; bids upon other basis will not be considered. Bids that do not reference all addenda or that are not submitted on the prescribed forms may be rejected. 1929
City of Richmond Flood Risk Reduction in the
Rheem Creek Watershed Project
Instructions to Bidders
6 C. The City reserves the right to accept bids on work and alternatives listed in the bid form in sum total or individually or in any combination unless the bid form makes specific provision to the contrary.
D. Unless called for, alternative bids will not be considered.
E. Modification of bids already submitted will be considered only if received at the office designated in the invitation for bids by the time set for opening of bids.
F. Pursuant to the provisions of Section 4100 through 4113 of the Public Contracts Code of the State of California, every bidder shall, in his bid, set forth:
1) The Name and Location of the place of business of each subcontractor who will perform work or labor or render service to the bidder in or about the work in an amount in excess of one-half of one percent of the bidder’s total bid. 2) The portion of the work that will be done by each such subcontractor.
G. In the event that alternative bids are called for and bidder intends to use different or additional subcontractors on the alternative or alternatives, he shall fill out additional forms of the Subcontractors List and shall indicate on such forms whether they apply to the base or alternative bids.
H. If the bidder fails to specify a subcontractor for any portion of the work to be performed under the Contract in excess of one-half of one percent of the bidder’s total bid or, in the case of bids for the construction of streets and highways, including bridges, in excess of one-half of one percent of the total bid, or $10,000, whichever is greater, he agrees to perform that portion himself. The successful bidder shall not, without the consent of the City, either:
1) Substitute any person, firm, or corporation as subcontractor in place of the subcontractor designated in the original bid, or
2) Permit any subcontract to be assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the bid.
I. Bids shall be accompanied by a certified or cashier’s check, or an acceptable bidder’s bond for an amount not less than ten percent (10%) of the bid, made payable to the order of the City of Richmond, California. Said check or bond shall be given as a guarantee that the bidder will timely enter into a Contract and provide all required insurance and bonds if awarded the work. In the case of refusal or failure to timely provide all required documents and enter into said Contract, the check or bond, as the case may be, shall be forfeited to the City of Richmond, California, as provided by law. 1930
City of Richmond Flood Risk Reduction in the
Rheem Creek Watershed Project
Instructions to Bidders
7 J. Before submitting a bid, bidders shall carefully examine the Plans, Specifications, and the form of Contract, shall visit the site of work, and shall fully inform themselves as to all existing conditions and limitations, and shall include in the bid a sum to cover the cost of all items included in the Contract.
K. Bidders shall give unit prices for each and all of the items set forth. No aggregate bids will be considered. The bidder shall set forth for each item of work, in clearly legible figures, a unit item price and a total for the item in the respective spaces provided for this purpose. The quantities listed in the Bid Sheets are supplied to give an indication of the general scope of work, but the accuracy of figures is not guaranteed and the bidder shall make its own estimates from the Plans and Specifications. In case of a variation between the unit price and the totals shown by the bidder, the unit price will be considered to be the bid price, and the bid total will be conformed accordingly.
L. Bids, and modifications thereof, if any, shall be delivered to the office of the City Clerk, City of Richmond, County of Contra Costa, California, on or before the day and hour set for the opening of bids in the Notice Inviting Bids, enclosed in a sealed envelope, and bearing the Project No. and Title of the work and the name of the bidder.
M. The contract may not be awarded to a Contractor who is ineligible pursuant to Section 1771.1 or 1777.7 of the Labor Code, nor may any subcontract be awarded to a subcontractor that who is ineligible pursuant to Section 1771.1 or 1777.7 of the Labor Code. In accordance with Section 1771.1 of the California Labor Code, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5.
It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. 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 Department of Industrial Relations pursuant to California Labor Code section 1725.5. In accordance with Section 1771.4 of the California Labor Code, this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
4. CONTRACTOR’S LICENSE
1931
City of Richmond Flood Risk Reduction in the
Rheem Creek Watershed Project
Instructions to Bidders
8 No bid may be considered from a Contractor who, at the time the contract is awarded, is not licensed to perform the project in accordance with Division 3, Chapter 9, of the Business and Professions Code of the State of California. In the event of a dispute as to the classification of license required, the decision of the Contractor’s State License Board shall prevail. The classification of Contractor’s license required in the performance of this Contract is a Class A or C-12. Please note that there are other licensing requirements for particular items of work (e.g. landscaping); this licensing requirement may be satisfied by a listed subcontractor at time of bid.
5. TIME LIMITS OF WORK
The work to be performed shall be completed within 80 working days for Base Bid work after execution of contract and Notice to Proceed has been issued. No additional working days will be compensated for the alternate additional bid items.
Seasonal Work Period: Project activities shall be limited to the period between May 1 and October 31. See Appendix D for Environmental Agency for other Avoidance and Minimization Measure.
6. WITHDRAWAL OF BIDS
Bids may be withdrawn by written request received from bidders prior to the time set for opening of bids.
7. INTERPRETATION OF PLANS AND SPECIFICATIONS
If there is doubt about the meaning of any part of Contract Documents, submit written request to the City of Richmond thru the BidsOnline Q&A tab.
Request for interpretations shall be delivered by the date and time indicated in the Invitation to Bid.
Bids shall be based only on interpretations as issued in addenda.
8. ADDENDA OR BULLETINS
Any Addenda or information issued during the time of bidding, or forming a part of the documents loaned to the bidder for the preparation of his bid, shall be noted in the bid in the place provided and shall be made a part of the Contract.
9. AWARDING OR REJECTION OF BIDS
1932
City of Richmond Flood Risk Reduction in the
Rheem Creek Watershed Project
Instructions to Bidders
9 The City reserves the right to reject the bid of any or all bidders, and to waive any informality in the bids received.
10. LAWS AND ORDINANCES
A. The successful Contractor and all subcontractors used in the work will be required to hold or to obtain a City of Richmond business license for which the fee will not be waived. Prior to the start of work, the successful Contractor shall obtain all other required permits from the City of Richmond, for which the fees will not be waived.
The successful Contractor shall also obtain any other permits required from other agencies for the completion of the project, for which the fees will not be waived.
B. If any Contractor, or any subcontractor used in the work by the Contractor, is currently in violation of any federal, state or local law or ordinance related to public works bidding or construction, the Contractor's bid may be deemed to be non-responsible.
C. The Contractor and all subcontractors shall comply with the following City of Richmond Codes and Ordinances, which are incorporated into the Contract Documents by this reference:
1. Nondiscrimination Clause in City Contracts (RMC Chapter 2.28)
2. Business Opportunity Ordinance No. 16-12 N.S. (RMC Chapter 2.50)
3. Local Employment Program Ordinance No. 15-10 N.S. (RMC Chapter 2.56)
4. Living Wage Ordinance No. 15-17 N.S.(RMC Chapter 2.60) a. Except as provided in Section 2.60.080, the Living Wage Ordinance requires that an employer under contract valued at $25,000 or greater and/or an employers with ten or more employees provide to its covered employees the following minimum compensation terms for the duration of the covered period:
Not less than $16.17/hour if employer pays at
$1.50/hour/employee towards an employee medical benefits plan; or
Not less than $17.67/hour if the employer does not provide the employees with such medical benefits plan.
5. Ordinance Banning the Requirement to Provide information of Prior Criminal Convictions on all Employment Applications No. 14-13 N.S. (“Ban the Box”) (RMC Chapter 2.65)
1933
City of Richmond Flood Risk Reduction in the
Rheem Creek Watershed Project
Instructions to Bidders
10 6. Sanctuary City Contracting and Investment Ordinance No. 12-18 N.S.
D. City Ordinances may be found in their entirety at:
https://www.ci.richmond.ca.us
https://library.municode.com/ca/richmond/codes/code_of_ordinances E. For general information, questions, requests for clarification, or comments regarding compliance with all local, state, and federal ordinances must be submitted in writing using the electronic BidsOnline system discussed in the Invitation to Bid. All clarifications and interpretations affecting the project will be issued by written addenda on the BidsOnline system. No interpretation or clarification given orally or separately will be effective to alter or affect the solicitation documents unless confirmed by written addendum.
11. CONTRACT BONDS
General - The successful bidder shall furnish to the City of Richmond a Performance Bond and a Payment Bond required by the State of California Contract Act. Said bonds shall be furnished in a form satisfactory to the City. Each of said bonds shall be executed in an amount equal to one hundred percent (100%) of the total bid.
Faithful Performance - Refer to Performance Bond.
Payment Bond – Refer to Payment Bond. The Payment Bond shall guarantee payment of all claims for labor, materials, provisions, provender and supplies furnished and any amounts required to be deducted withheld and paid over to the Franchise Tax Board from the wages of employees of the Contractor and his subcontractor pursuant to Section 18806 of the Revenue and Taxation Code. The bond shall satisfy all of the requirements set forth in Civil Code Section 3248.
Alterations - All alterations, extensions of time, extra and additional work, and other changes authorized by these Specifications or any part of the Contract may be made without securing the consent of the surety or sureties on the Contract bond.
12. SPECIAL NOTICE
Bidders are required to inform themselves fully of the conditions relating to construction and labor under which the work will be performed, and the Contractor must employ, so far as possible, such methods and means in the carrying out of his work as will not cause any interruption or interference with any other Contractor. 1934
City of Richmond Flood Risk Reduction in the
Rheem Creek Watershed Project
Instructions to Bidders
11 13. BIDDERS INTERESTED IN MORE THAN ONE BID
No person, firm, or corporation shall be allowed to make or file or be interested in more than one bid, as Prime Contractor for the same work. A person, firm, or corporation who has submitted a sub-proposal to a bidder, or who has quoted prices on materials to a bidder, is not hereby disqualified from submitting a sub-proposal or quoting prices to other bidders.
14. BIDS TO BE LEFT ON DEPOSIT
Unless otherwise required by law, no bid, nor any part thereof, may be withdrawn by the bidder for a period of sixty (60) calendar days after the opening of the bids.
15. MANDATORY NON-COLLUSION AFFIDAVIT
A. The City will, before any award of the Contract is made, require any bidder to whom it may make an award of the principal Contract, to execute a Non-Collusion Affidavit.
B. The City may require that the principal Contractor shall, before awarding any subcontract, secure from the proposed subcontractor a Non-Collusion Affidavit.
16. INDEMNIFICATION AND INSURANCE
Attention is directed to Section 7-1.05, "Indemnification" of the State Standard Specifications and these Special Provisions.
Indemnification - Contractor shall indemnify, and shall cause all subcontractors to indemnify, the City in accordance with Section 3.4 of the Construction Agreement.
Insurance - Contractor shall provide and maintain the insurance requirements and limits as specified in the “City of Richmond – Insurance Requirements – Construction Projects”, attached in Appendix B for the duration of the contract, agreement, or other order of work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, its agents, representatives, employees, or subcontractors.
Insurance certificates and endorsements shall be reviewed and approved by the City’s Risk Management before work may begin. The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
1935
City of Richmond Flood Risk Reduction in the
Rheem Creek Watershed Project
Instructions to Bidders
12 Upon notification of receipt by the City of a Notice of Cancellation, major change in coverage or expiration, Contractor shall file with the City a certified copy of the required new renewal policy and certificates for such policies.
If at any time during the life of the Contract or any extension the Contractor fails to maintain the required insurance in full force and effect, all work under the Contract shall be discontinued immediately and all payments due or that become due to the Contractor will be withheld until notice is received by the City that the required insurance has been restored to full force and effect and that the premiums therefore have been paid for a period satisfactory to the City. Any failure to maintain the required insurance will be sufficient cause for City to terminate the Contract
17. PERMITS
The Contractor shall obtain and pay for all building, plumbing, electrical, encroachment, and other permits required by the Contract, City Ordinance or any other agency, necessary for the construction of the work, unless otherwise specifically provided for in other contract documents. The Contractor and their subcontractors shall obtain and pay for all licenses required the City including a City business license. The Contract and its sub-Contractor are required to secure a City encroachment permit; the Contractor at its option may include one or more of their sub-Contractors under their encroachment permit. There will be no fee for City issued permits.
See Appendix D for Environmental Agency Permits.
18. PREVAILING WAGE
A. All Contractors and Subcontractors performing services under this Contract shall pay their employees providing such services a minimum hourly prevailing wage rate as further described below.
B. In case of conflict between the Prevailing Wage as specified in this Section and any Federal Minimum Wage that may be specified elsewhere in these Specifications, the higher of the two shall prevail. Any amendments to the Federal Minimum Wage Determination issued up to 10 days prior to the bid opening date will become the part of the contract documents.
C. The Contractor and any subcontractor under the Contractor shall comply with Labor Code Sections 1774 and 1775. Pursuant to Section 1775, the Contractor and any subcontractor under the Contractor shall forfeit to the State or political subdivision on whose behalf the contract is made or awarded a penalty of not more than fifty dollars ($50) for each calendar day, or portion thereof, for each worker paid less than the 1936
City of Richmond Flood Risk Reduction in the
Rheem Creek Watershed Project
Instructions to Bidders
13 prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the contract by the Contractor or by any subcontractor under the Contractor in violation of the requirements of the Labor Code and in particular, Labor Code Sections 1770 to 1780, inclusive. The amount of this forfeiture shall be determined by the Labor Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of the Contractor or subcontractor in failing to pay the correct rate of prevailing wages, or the previous record of the Contractor or subcontractor in meeting their respective prevailing wage obligations, or the willful failure by the Contractor or subcontractor to pay the correct rates of prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Contractor or subcontractor had knowledge of the obligations under the Labor Code.
In addition to the penalty and pursuant to Labor Code Section 1775, the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate shall be paid to each worker by the Contractor or subcontractor.
If a worker employed by a subcontractor on a public works project is not paid the general prevailing per diem wages by the subcontractor, the prime contractor of the project is not liable for the penalties described above unless the prime contractor had knowledge of that failure of the subcontractor to pay the specified prevailing rate of wages to those workers or unless the prime contractor fails to comply with all of the following requirements:
1. The contract executed between the contractor and the subcontractor for the performance of work on the public works project shall include a copy of the requirements in Sections 1771, 1775, 1776, 1777.5, 1813 and 1815 of the Labor Code.
2. The contractor shall monitor the payment of the specified general prevailing rate of per diem wages by the subcontractor to the employees, by periodic review of the certified payroll records of the subcontractor.
3. Upon becoming aware of the subcontractor's failure to pay the specified prevailing rate of wages to the subcontractor's workers, the contractor shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for work performed on the public works project.
4. Prior to making final payment to the subcontractor for work performed on the public works project, the contractor shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages to the subcontractor's employees on the public works project and any amounts due pursuant to Section 1813 of the 1937
City of Richmond Flood Risk Reduction in the
Rheem Creek Watershed Project
Instructions to Bidders
14 Labor Code.
D. Pursuant to Section 1775 of the Labor Code, the Division of Labor Standards Enforcement shall notify the Contractor on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages. If the Division of Labor Standards Enforcement determines that employees of a subcontractor were not paid the general prevailing rate of per diem wages and if the Department did not retain sufficient money under the contract to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the contractor shall withhold an amount of moneys due the subcontractor sufficient to pay those employees the general prevailing rate of per diem wages if requested by the Division of Labor Standards Enforcement. The Contractor shall pay any money retained from and owed to a subcontractor upon receipt of notification by the Division of Labor Standards Enforcement that the wage complaint has been resolved. If notice of the resolution of the wage complaint has not been received by the Contractor within 180 days of the filing of a valid notice of completion or acceptance of the public works project, whichever occurs later, the Contractor shall pay all moneys retained from the subcontractor to the Department.
These moneys shall be retained by the Department pending the final decision of an enforcement action.
E. Pursuant to the requirements in Section 1773 of the Labor Code, the City has obtained the general prevailing rate of wages (which rate includes employer payments for health and welfare, pension, vacation, travel time and subsistence pay as provided for in Section 1773.8 of the Labor Code, apprenticeship or other training programs authorized by Section 3093 of the Labor Code, and similar purposes) applicable to the work to be done, for straight time, overtime, Saturday, Sunday and holiday work. The holiday wage rate listed shall be applicable to all holidays recognized in the collective bargaining agreement of the particular craft, classification or type of workmen concerned.
F. The general prevailing wage rates and any applicable changes to these wage rates are available from the California Department of Industrial Relations' Internet Web Site at: http://www.dir.ca.gov.
G. The wage rates determined by the Director of Industrial Relations for the project refer to expiration dates. Prevailing wage determinations with a single asterisk after the expiration date are in effect on the date of advertisement for bids and are good for the life of the contract. Prevailing wage determinations with double asterisks after the expiration date indicate that the wage rate to be paid for work performed after this date has been determined. If work is to extend past this date, the new rate shall be paid and incorporated in the contract. The Contractor shall contact the Department 1938
City of Richmond Flood Risk Reduction in the
Rheem Creek Watershed Project
Instructions to Bidders
15 of Industrial Relations as indicated in the wage rate determinations to obtain predetermined wage changes.
H. Pursuant to Section 1773.2 of the Labor Code, general prevailing wage rates shall be posted by the Contractor at a prominent place at the site of the work.
I. Changes in general prevailing wage determinations which conform to Labor Code Section 1773.6 and Title 8 California Code of Regulations Section 16204 shall apply to the project when issued by the Director of Industrial Relations at least 10 days prior to the date of the Notice to Contractors for the project.
J. The City of Richmond will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage rate set forth in the contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining the bid, and will not under any circumstances be considered as the basis of a claim against the City on the contract.
19. GUARANTY
All work shall be guaranteed for a period of one (1) year from the date of acceptance by the City. The Contractor shall promptly make all needed repairs arising out of defective materials, workmanship and equipment.
The City is hereby authorized to make such repairs if within (10) days after giving written notice to the Contractor, or his agent, the Contractor should fail to make or undertake with due diligence the aforesaid repairs; provided, however, that in case of an emergency, where, in the opinion of the City, delay would cause serious loss or damage, repairs may be made without notice being sent to the Contractor, and the Contractor shall pay the costs thereof.
The Contractor shall, upon completion of the Contract and prior to filing of the Notice of Completion, post a Maintenance Bond in the amount of ten percent (10%) of the Contract value. The Maintenance Bond shall remain in full force and effect through the guaranty period of one (1) year.
20. EXECUTION OF CONTRACT
The contract shall be signed by the successful bidder and returned, together with the contract bonds and insurance endorsements, within ten (10) working days after the bidder has received the contract documents.
1939
City of Richmond Flood Risk Reduction in the
Rheem Creek Watershed Project
Instructions to Bidders
16 21. ASSIGNMENT
The performance of the Contract may not be assigned, except upon the written consent of the City. Consent will not be given to any proposed assignment that would relieve the original Contractor or its surety of their responsibilities under the Contract, nor will the City consent to any assignment of a part of the work under the Contract.
22. CONTRACTORS INDEPENDENT INVESTIGATION
No plea of ignorance of conditions that exist or that may hereafter exist or of conditions of difficulties that may be encountered in the execution of work under this Contract, as a result of failure on initial investigations or reports prepared by City for purposes of letting this Contract out to bid will be accepted as an excuse for any failure or omission on the part of the Contractor to fulfill in every detail all requirements of this Contract. Nor will such reasons be accepted as a basis for any claims whatsoever for extra compensation or for an extension of time.
23. SIGNATURE OF CONTRACTOR
Corporations:
The signature must contain the name of the corporation, must be signed by the President and Secretary or Assistant Secretary, and the corporate seal must be affixed. Other persons may sign for the corporation in lieu of the above if a certified copy of a resolution of the corporate board of directors so authorizing them to do so is on file in the City Clerk’s office.
Partnerships:
The names of all persons comprising the partnership or co-partnership must be stated. The bid must be signed by all partners comprising the partnership unless proof in the form of a certified copy of a certificate of partnership acknowledging the signer to be a general partner is presented to the City Clerk, in which case the general partner may sign.
Joint Ventures:
Bids submitted as joint ventures must so state and be signed by each joint venture.
Individuals:
Bids submitted by individuals must be signed by the bidder, unless an up-to-date power of attorney is on file in the City Clerk’s office, in which case said person may sign for the individual.
1940
City of Richmond Flood Risk Reduction in the
Rheem Creek Watershed Project
Instructions to Bidders
17 The above rules also apply in the case of the use of a fictitious firm name. In addition, however, where the fictitious name is used, it must be so indicated in the signature.
24. CONDITIONAL CONTRACT AWARD
Notwithstanding any action by the City Council of Richmond to award a contract to a bidder, all contract awards are expressly conditioned on the timely provision of all required documents, including the executed Contract, to the City. The provision of all such documents is a condition precedent to the effectiveness of any contract award. Failure to provide any of the required documents may result in forfeiture of the bidders bid security as provided by law.
25. BID PROTEST
Any protest pertaining to the proposed award or any other matter relating to the bidding procedure must be submitted in writing to the City no later than 4:00 P.M. of the second business day following the date of bid opening. The protestor must have actually submitted a bid directly to the City on the Project or have been specifically excluded from filing a bid due to an action by the City. A subcontractor of a party filing a bid on this project may not submit a bid protest on its own accord. Each bid protest shall be accompanied by a check in the amount of $500.00 payable to the City of Richmond for each protest and shall constitute a non-refundable fee to reimburse the City for its costs in reviewing and investigating the bid protest. The City will review the bid protest and will issue its determination within a reasonable amount of time prior to bid award. These procedures and time limits are mandatory and are the bidder’s sole and exclusive remedy in the event of a bid protest.
END OF INSTRUCTIONS TO BIDDERS
1941
City of Richmond Flood Risk Reduction in the
Rheem Creek Watershed Project
Bid Proposal
18 City of Richmond
Department of Public Works
BID PROPOSAL
DATE: _____________________________
TO THE CITY CLERK OF RICHMOND, CALIFORNIA:
NAME OF BIDDER _________________________________________________________________ BUSINESS P.O. BOX ________________________________________________________________ BUSINESS STREET ADDRESS _______________________________________________________ (Please include even if P.O. Box used)
CITY, STATE, ZIP __________________________________________________________________ TELEPHONE NO. AREA CODE ( )______________________________________________ FAX NO. AREA CODE ( ) _____________________________________________ CONTRACTOR LICENSE NO. _______________________________________________________ LICENSE EXPIRATION DATE _______________________________________________________ DEPARTMENT OF INDUSTRIAL RELATIONS NO. ____________________________________
FLOOD RISK REDUCTION IN THE RHEEM
CREEK WATERSHED
The work to be done and referred to herein is in the City of Richmond, Contra Costa County, State of California.
Construction to be in accordance with the Special Provisions including the payment of not less than the minimum wage rates set forth herein and the Contract annexed hereto and also in accordance with the State Standard Specifications dated 2018, and the current "Equipment Rental Rates and the Contractor is hereby notified that this project is subject to prevailing wage rates as described in the Instructions to Bidders.
To the City of Richmond Department of Public Services:
The undersigned, as Bidder, declares that the only persons or parties interested in this Proposal as principals are those named herein; that this Proposal is made without collusion with any other person, firm or corporation; that they have carefully examined the location of the proposed work; and the Plans therein referred to; and they propose, and agree if this Proposal is accepted, that they will contract with the City of Richmond to provide all necessary 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 they will take in full payment therefor the following item prices to wit:
END OF BID PROPOSAL
1942
City of Richmond Flood Risk Reduction in the
Rheem Creek Watershed Project
Bid Proposal
19 1943
City of Richmond Flood Risk Reduction in the
Rheem Creek Watershed Project
Bid Schedule
20 City of Richmond
Department of Public Works
BID SCHEDULE
AL = Allowance CF = Cubic Feet CY = Cubic Yard EA = Each FA=Force Account LF = Linear Foot LS = Lump Sum SF = Square Feet TON = Ton (2000 lbs) LB = Pounds Flood Risk Reduction in the Rheem Creek Watershed
ITEM
NO.
DESCRIPTION OF WORK EST.
QTY.
UNIT UNIT
PRICE
TOTAL
COST
100 Mobilization 1 LS
101 Storm water Pollution Control 1 LS
102 Temporary Traffic Control 1 LS
200 Clearing and Grubbing 46,950 SF
201 Demolition 1 LS
202 Dewatering 1 LS
300 Channel Excavation 675 CY
301 Culvert Excavation 55 CY
302 Sheet Mulch 24,000 SF
303 Permeable Paving Units 190 SF
304 Curb, Gutters, Sidewalks, Miscellaneous
Concrete and AC
1 LS
305 Chain Link Fence 119 LF
306 Guardrail 40 LF
307 Guardrail Gate 2 EA
400 18-Inch Storm Drain 110 LF
401 24-Inch Storm Drain 89 LF
402 Drain Inlet 2 EA
403 Outfall Protection 2 EA
1944
City of Richmond Flood Risk Reduction in the
Rheem Creek Watershed Project
Bid Schedule
21 404 Storm Drain Easement Restoration 1 FA
500 Interpretive Signage 1 EA
*NOTE: In case of error in extension of price into the total price column, the unit price will govern.
BID SUMMARY
BASE BID
TOTAL PRICE
IN FIGURES $
TOTAL PRICE IN
WORDS
The basis of award for this project is the Base Bid. The amount of the bid for comparison purposes will be the total of all items.
The undersigned acknowledges the receipt of the following addenda to the drawings and specifications.
Addendum No. Date Addendum No. Date
The undersigned hereby certifies that they understand and agree that the items listed as Bid Alternates may be incorporated into the Contract Documents at the discretion of the City depending on the financial resources available at the time the contract is awarded. The undersigned herby certifies they understand and agree that regardless of whether the City incorporates the use of the Bid Alternates, the Low Bidder will be determined by the Total Bid (as shown above); which is the total of the Base Bid.
The undersigned hereby certifies that he has an appropriate license, issued by the State of California to provide this work; that such license will be in full force and in effect throughout the duration of construction; and that any and all subcontractors to be employed on this project will be similarly licensed.
Dated
California Contractor’s License No.
CONTRACTOR
Signature Print or Type Name and Title
1945
City of Richmond Flood Risk Reduction in the
Rheem Creek Watershed Project
Bid Schedule
22 REJECTION OF BIDS:
The undersigned agrees that the City of Richmond reserves the right to reject any or all bids, and reserves the right to waive informalities in a bid or bids not affected by law, if to do so seems to best serve the public interest.
TIME
The undersigned agrees to furnish, within ten (10) working days from the receipt of the Notice of Award of Contract, the items required by Section 1-03 of the Special Provisions. The failure to timely provide such items may result in annulment of the award and forfeiture of the Proposal Guarantee.
The undersigned agrees to begin work within ten (10) working days after the date specified in the Notice to Proceed.
If the proposal is accepted, the undersigned agrees to execute the required agreement and furnish the required bonds within ten (10) working days from the date of signing of this Contract.
BID DEPOSIT
There is enclosed herewith, a certified check or surety bond in the sum of ten percent (10%) of the base bid DOLLARS AND
CENTS ($ ) made payable to the City of Richmond and
the undersigned agrees that in case of his failure to execute the necessary contract and furnish the required bonds, the certified check or surety bond the money payable thereon, shall be and remain the property of the City.
NOTE: The estimated quantities listed in the Proposal Bid Sheet(s) are supplied to give an indication of the general scope of work, but the accuracy of these figures is not guaranteed and Bidder shall make his own estimates from the drawings. In case of a variation between the unit price and the totals shown by Bidder, the unit price will be considered to be the bid.
The unit price or lump sum prices to be paid for the items listed in the Proposal Bid Sheet shall include full compensation for furnishing all labor, materials, tools, and equipment, and doing all work involved in furnishing and installing the materials complete and in place, in accordance with the details as shown on the plans and as specified herein. Any items shown on the plans, but not included in the bid items, shall be considered as appurtenant items. All costs shall be included within the appropriate item of the Contractor’s bid.
IMPORTANT NOTICE: On a separate sheet of paper, provide the following information. If bidder is a corporation, state legal name of corporation and names of the president, secretary, 1946
City of Richmond Flood Risk Reduction in the
Rheem Creek Watershed Project
Bid Schedule
23 treasurer, and manager; if co-partnership, state true name of firm and names of all individual copartners composing firm; or, if individual, state first and last names in full.
Officer’s Signature Title Date
Officer’s Signature Title Date
Officer’s Signature Title Date
Signature and title of the officer(s) set forth above shall be authorized to sign contracts on behalf of the corporation, co-partnership, or individual. If signature is by an agent, other than an officer of the corporation or a member of a partnership, a Power of Attorney must be on file with the City prior to or at time of bid opening; otherwise, the bid will be subject to rejection by City Council.
Address of Bidder: Corporate Seal:
State of Incorporation
END OF BID SCHEDULE
1947
City of Richmond Flood Risk Reduction in the
Rheem Creek Watershed Project
Subcontractor Form
24 City of Richmond
Department of Public Works
SUBCONTRACTOR FORM
(Required Listing of Proposed Subcontractors)
The Contractor certifies he/she has used the sub-bids of the following listed Contractors in making up his/her bid and that the sub-contractors listed will be used for the work for which they bid, subject to the approval of the City Engineer, and in accordance with applicable provisions of the specifications and Section 4100 et seq. of the Public Works Code – “Subletting and Subcontracting Fair Practices Act.” No changes may be made in these subcontractors except upon the prior approval of the City Engineer of the City of Richmond pursuant to Section 4107 of the Public Contracts Code. The following information is required for each subcontractor. Additional pages can be attached if required.
City will not accept a Bid Proposal from or enter into the Contract with a bidder, without proof that the bidder and its Subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform public work under Labor Code Section 1725.5, subject to limited legal exceptions.
Items
of
Work
Full Company
Name
Richmond
Firm?
Complete Address
with Zip Code
Phone No.
with Area Code
SUBCONTRACTOR’S LIST (Continued)
The bidder is to provide the following information on the sub bids of all the listed subcontractors as part of the sealed bid submission. Additional pages can be attached, if required. 1948
Subcontractor Form
25 Type of State
Contracting License &
Number
DIR Registration
Number
Amount of Bid
($ or %)
*Licenses are renewable annually. If no valid license, indicate “NONE.” Valid license must be obtained prior to submission of signed contracts. This applies to all subcontractors.
NOTE: If alternate bids are called for, and Contractor intends to use different or additional subcontractors on the alternates, he/she must provide a separate list of subcontractors for each alternate.
_______________________________________
Signature of Bidder
1949
Subcontractor Form
26 STATEMENT OF TECHNICAL ABILITY AND EXPERIENCE
The Bidder is required to state what work of a similar character to that included in the proposed Contract that he or she has successfully performed in the last 5 years, especially for public agencies. Provide the number of similar projects, their description, and references, which will enable the City to judge his or her responsibility, experience, skill, and financial standing. Detail any involvement, past or current, relative to litigation or other disputes, if any, concerning your performance.
Signature of Bidder
1950
Subcontractor Form
27 BIDDER’S STATEMENT OF PAST CONTRACT DISQUALIFICATIONS The Bidder is required to state any and all instances of being disqualified, removed, or otherwise prevented from bidding on or completing any contract for construction.
1. Have you ever been disqualified from any contract?
Yes No
2. If yes, explain the circumstances:
_
Signature of Bidder
END OF SUBCONTRACTOR FORM
1951
Debarment and Suspension Certification
28 City of Richmond
Department of Public Works
PUBLIC CONTRACT CODE
Public Contract Code Section 10285.1 Statement
In accordance 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 check mark after “has” or “has not” in one of the blank space provided. The above Statement is part of the Bid Proposal. Signing this Proposal on the signature portion thereof shall also constitute 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 accordance 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 Section 10232 Statement
1952
Debarment and Suspension Certification
29 In accordance 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 Bid Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.
WORKERS’ COMPENSATION CERTIFICATION
I am aware of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract.
By:
Title:
Date:
END OF PUBLIC CONTRACT CODE
1953
Debarment and Suspension Certification
30 City of Richmond
Department of Public Works
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.
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.
END OF DEBARMENT AND SUSPENSION CERTIFICATION
1954
Debarment and Suspension Certification
31 1955
Bidder’s Non-Collusion Affidavit
32 City of Richmond
Department of Public Works
BIDDER’S NON-COLLUSION AFFIDAVIT
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
(Must be executed by Bidder and submitted with Bid)
State of California )
) ss
County of )
, being first duly sworn, deposes and says that he or she is of
,
the party making the foregoing bid; 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 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 the information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or any member or agent thereof to effectuate a collusive or sham bid.
Subscribed and sworn to before me this ____ day of 2023.
By:
Title
Notary Public
Date:
END OF BIDDER’S NON-COLLUSION AFFIDAVIT
1956
Bidder’s Non-Collusion Affidavit
33 1957
Bidder’s Bond
34 City of Richmond
Department of Public Works
BIDDER’S BOND
Bond No. ______
KNOW ALL MEN BY THESE PRESENTS:
That We, , as Principal, and , as Surety, are hereby held and firmly bound unto the City of Richmond, in the penal sum of TEN PERCENT (10%) of the total bid submitted by said Principal to the City of Richmond for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THE ABOVE OBLIGATION IS SUCH THAT, whereas the Principal has submitted to the City of Richmond a certain bid, attached hereto and hereby made a part hereof, to enter into a contract in writing for the .
NOW, THEREFORE, if said bid submitted by the Principal be accepted and the contract be awarded to the Principal and the Principal shall, within ten (10) days after having received notice that the contract has been awarded to the Principal, enter into the Contract so awarded, shall furnish the required corporate surety bonds and insurance coverage verification and shall in all other respects perform the agreement created by the acceptance of the bid, then this obligation shall be void, otherwise the same shall remain in full force and effect.
The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the City of Richmond may accept such Bid; and said Surety does hereby waive notice of such extension.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney's 1958
Bidder’s Bond
35 fees, incurred by the City of Richmond in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals on this
_______day of___________, 202 .
By: __________________________________
Title_________________________________
By:__________________________________
Title:________________________________
Note: This bond must be dated, the surety’s signature must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached.
END OF BIDDER’S BOND
1959
Performance Bond
36 City of Richmond
Department of Public Works
PERFORMANCE BOND
Bond No. ____________
Whereas, The City Council of the City of Richmond, State of California, and __________ (hereinafter designated as “principal”) have entered into an agreement whereby principal agrees to install and complete certain designated public improvements, which said agreement, dated __________, 202_, and identified as project __________, is hereby referred to and made a part hereof; and
Whereas, Said principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.
Now, therefore, we, the principal and __________, as surety, are held and firmly bound unto the City of Richmond (hereinafter called “City”), in the penal sum of __________ dollars ($__________) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the above bounded principal, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.
In witness whereof, this instrument has been duly executed by the principal and surety above named, on __________, 202__.
1960
Performance Bond
37 By: _________________________
Title: _________________________
By: _________________________
Title: _________________________
END OF PERFORMANCE BOND
1961
Payment Bond
38 City of Richmond
Department of Public Works
PAYMENT BOND
(LABOR AND MATERIALS)
Bond No. ____________
Whereas, The City Council of the City of Richmond, State of California, and __________ (hereinafter designated as “the principal”) have entered into an agreement whereby the principal agrees to install and complete certain designated public improvements, which agreement, dated __________, 202__, and identified as project __________, is hereby referred to and made a part hereof; and
Whereas, Under the terms of the agreement, the principal is required before entering upon the performance of the work, to file a good and sufficient payment bond with the City of Richmond to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.
Now, therefore, the principal and ____________, as corporate surety, are held firmly bound unto the City of Richmond (hereinafter called “City”) and all contractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the agreement and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the sum of __________ dollars ($ __________), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this work or labor, that the surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorney’s fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this bond.
Should the condition of this bond be fully performed, then this obligation shall become null and void, otherwise it shall be and remain in full force and effect.
The surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the agreement or the specifications accompanying the same shall in any manner affect its obligations on this bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
1962
Payment Bond
39 In witness whereof, this instrument has been duly executed by the principal and surety above named, on __________, 202__.
By: _________________________
Title: _________________________
By: _________________________
Title: _________________________
END OF PAYMENT BOND
1963
Warranty Bond
40 City of Richmond
Department of Public Works
WARRANTY BOND
City of Richmond (“City”) and ____________________________ (“Contractor”) have entered into a contract, dated _________________, 20___ (“Contract”) for work on the Flood Risk Reduction in the Rheem Creek Watershed Project (“Project”). The Contract is incorporated by reference into this Warranty Bond (“Bond”).
1. General. Under this Bond, Contractor as principal and _______________ __________, its surety (“Surety”), are bound to City as obligee in the maximum amount of 15% of the final Contract Price, unless otherwise specified in the Contract Documents.
2. Warranty Period. The Contract requires Contractor to guarantee its work and that of its Subcontractors on the Project, against defects in materials or workmanship which are discovered during the one-year period commencing with City’s acceptance of the Project (“Warranty Period”).
3. Surety’s Obligations. If Contractor faithfully carries out and performs its guarantee under the Contract, and, on due notice from City, repairs and remedies, at its sole expense, any and all defects in materials and workmanship in the Project which are discovered during the Warranty Period, or if Contractor promptly reimburses City for all loss and damage that City sustains because of Contractor’s failure to makes such repairs in accordance with the Contract requirements, then Surety’s obligations under this Bond will be null and void.
Otherwise, Surety’s obligations will remain in full force and effect.
4. Waiver. Surety waives the provisions of Civil Code §§ 2819 and 2845.
5. Notice. Any notice to Surety may be given in the manner specified in the Contract and delivered or transmitted to Surety as follows:
Attn: _________________________________________________ Address: ______________________________________________ City/State/Zip: _________________________________________ Phone: _______________________________________________
Fax: _________________________________________________
Email: ________________________________________________
6. Law and Venue. This Bond will be governed by California law, and venue for any dispute pursuant to this Bond will be in the Contra Costa County Superior Court, and no other place. Surety will be responsible for City’s attorneys’ fees and costs in any action to enforce the provisions of this Bond.
1964
Warranty Bond
41 7. Effective Date; Execution. This Bond is entered into and is effective on __________, 20_________.
[Signatures are on the following page.]
1965
Warranty Bond
42 SURETY:
___________________________________
Business Name
s/__________________________________ ______________________________ Date
___________________________________
Name, Title
(Attach Acknowledgment with Notary Seal and Power of Attorney) CONTRACTOR:
___________________________________
Business Name
s/__________________________________ ______________________________ Date
___________________________________
Name, Title
APPROVED BY CITY:
s/ __________________________________ ______________________________ Date
____________________________________
Name, Title
END OF WARRANTY BOND
1966
First Source Agreement
43 City of Richmond
Department of Public Works
FIRST SOURCE AGREEMENT
1. GENERAL INFORMATION
A. The City of Richmond First Source Agreement shall be executed between the Prime Contractor and the City of Richmond at a time during the Contract Award as directed by the City of Richmond.
B. A sample copy of this agreement along with any pertinent exhibits is in Appendix A.
END FIRST SOURCE AGREEMENT
1967
First Source Agreement
44 1968
Contract
45 City of Richmond
Department of Public Works
CONTRACT
CONSTRUCTION AGREEMENT
This Construction Agreement (“Agreement”) is made and entered into this ____ day of ____, 201_, by and between the City of Richmond, a municipal corporation and charter city (“City”) and __________________ (“Contractor”), with reference to the following facts. The parties may be referred to in this Agreement individually as “Party” and collectively as the “Parties.”
RECITALS
A. On ______________, the City circulated an Invitation for Bids seeking contractors willing to undertake the construction of _________________, located at ____________ (the “Project”).
B. Contractor submitted the lowest responsive bid and has been determined to be responsible.
C. City now desires to contract with Contractor to furnish construction and related services for the Project.
NOW THEREFORE, in consideration of the promises and agreements hereinafter set forth, and intending to be bound hereby, the Parties agree as follows:
ARTICLE I
CONSTRUCTION OF PROJECT
Section 1.1 Contract Documents.
Project Specifications – including the Notice to Prospective Bidders, Invitation for Bids, Instructions to Bidders, Special Provisions, Description of Work, Construction Details (including all plans and specifications), and Proposal Package, along with any Requests for Information (RFI), responses to RFI, and addenda issued prior to the deadline for submitting bids [THIS
LIST MAY BE MODIFIED TO PROVIDE A MORE DETAILED DESCRIPTION OF THE DOCUMENTS FOR YOUR PROJECT – FOR EXAMPLE, YOU MAY SPECIFY THE NUMBER OF RFI/RESPONSES TO RFI THAT RE INCLUDED] – Contractor’s Proposal as attached, and this Agreement, constitute the “Contract Documents.” Section 1.2 Construction.
1969
Contract
46 Contractor shall furnish all labor, materials, methods, processes, implements, tools and machinery, within the time frames set, and do all the things necessary for the proper completion of the work shown and described in Contract Documents.
Section 1.3 Payments.
Contractor agrees to receive and accept the sums set forth in the Bid Schedule attached as part of the Proposal, as full compensation for furnishing all materials and doing all the work contemplated and required by this Agreement, and for all loss or damage arising out of the nature of the undertaking of the construction of the Project, or from the acts of the elements, or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the construction of the Project until its completion and acceptance by the City, and for all expenses incurred by or in consequence of the suspension or discontinuance of the construction of the Project, and for well and faithfully performing the construction of the Project and the whole thereof, in the manner and according to the Contract Documents.
Section 1.4 Discovery of Hazardous Waste or Unusual Conditions. (a) Promptly and before the following conditions are disturbed, the Contractor shall notify the City in writing of any:
(1) Material that the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.
(2) Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids.
(3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in this Agreement. (b) The City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the work shall issue a Change Order under the procedures described in this Agreement.
(c) In the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by this Agreement, but shall proceed with all work to be performed under this Agreement. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the Parties.
Section 1.5 Laws and Regulations.
1970
Contract
47 (a) The Project work shall proceed only after procurement of each permit, license, or other authorization that may be required by any governmental agency having jurisdiction, and Contractor shall be responsible to the City for the procurement and maintenance thereof.
(b) Contractor shall cause all work performed in connection with construction of the Project to be performed in compliance with (i) all applicable laws, ordinances, rules and regulations now in force or that may be enacted hereafter; (ii) all conditions of Project approval and mitigation measures included in any adopted or certified environmental document prepared for the Project; and (iii) all directions, rules and regulations of any fire marshal, health officer, building inspector, or other officer of every governmental agency now having or hereafter acquiring jurisdiction, provided that such direction given during construction does not conflict with conditions of Project approval or mitigation measures.
(c) Contractor shall and shall cause its subcontractors to pay prevailing wages in the construction of the Project as those wages are determined pursuant to Labor Code Sections 1720 et seq., and implementing regulations of the Department of Industrial Relations, and to comply with all other applicable federal, State and local laws, regulations and ordinances pertaining to labor standards insofar as those laws, regulations and ordinances apply to the performance of this Agreement, including any applicable City of Richmond employment requirements, including but not limited to the City's Living Wage Ordinance (Richmond Municipal Code Chapter 2.60), the City's Business Opportunity Ordinance (Richmond Municipal Code Chapter 2.50), and the City's Local Employment Program Ordinance (Richmond Municipal Code Chapter 2.56). During the construction of the Project, Contractor shall post at the construction site the applicable prevailing rates of per diem wages. Contractor shall indemnify, hold harmless and defend, (with counsel reasonably acceptable to the City) the City against any claims for damages, compensation, fines, penalties or other amounts arising out of failure or alleged failure of any person or entity (including Contractor and its subcontractors) to pay prevailing wages in connection with construction of the Project. This Section 1.5(c) shall survive the termination of this Agreement.
(d) Contractor and all subcontractors shall maintain accurate payroll records showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker and others employed on the Project. Each payroll record shall contain or be verified by a written declaration made under penalty of perjury, stating both of the following: (1) the information contained in the payroll record is true and correct, and (2) the employer has complied with the requirements of Labor Code Section 1771 (prevailing wage provisions), Section 1811 (eight-hour day, forty-hour week provisions), and Section 1815 (overtime compensation) for any work performed by his or her employees on the Project. The Contractor shall provide certified payroll records to the City each week, no later than ten (10) days after the end of a weekly pay period. Pay records shall be maintained and made available in accordance with Labor Code Section 1776. In addition, Contractor shall and shall cause its subcontractors promptly to deliver 1971
Contract
48 to the City, upon request, documents verifying compliance with the Living Wage Ordinance, which include documents which evidence that each affected employee has been notified regarding the wages required to be paid pursuant to the Living Wage Ordinance. Such wages shall also be posted at the construction site. This Section 1.5(d) shall survive the termination of this Agreement.
Section 1.6 Inspections.
Contractor shall permit and facilitate, and shall require its subcontractors to permit and facilitate, observation and inspection of the Project by the City and by public authorities at all times for the purposes of determining compliance with this Agreement and permits issued to perform the Project work. In so doing, Contractor shall provide access for testing and inspections. Contractor shall coordinate and schedule all testing and inspections required on the Project with the required advance notice as defined in the Project Specifications.
Section 1.7 Equal Opportunity.
(a) During the construction of the Project there shall be no discrimination on the basis of race, color, creed, religion, age, sex, sexual orientation, marital status, national origin, ancestry, or disability in the hiring, firing, promoting, or demoting of any person engaged in the construction work.
(b) In addition, Contractor agrees to observe the provisions of Section 2.28.030 of the Richmond Municipal Code, obligating Contractor and its subcontractors to refrain from discriminatory employment or subcontracting practices on the basis of race, color, sex, sexual orientation, religion, creed, national origin or ancestry of any employee, any applicant for employment or any potential subcontractor.
Section 1.8 Working Hours.
Eight hours of labor is a legal day’s work. Any worker’s time of service is restricted to eight hours during any calendar day, and 40 hours during a calendar week, unless overtime compensation is paid at not less than one and one-half times the basic rate of pay. The Contractor shall be assessed a penalty of twenty-five dollars ($25) for each day a worker is employed in violation of these requirements.
Section 1.9 Insurance and Bond Requirements.
(a) In accordance with California Labor Code Section 3700, Contractor must secure Workers’ Compensation coverage for its employees. Prior to performing any work, Contractor must execute a certification in the form set out at California Labor Code Section 1861.
(b) Contractor shall submit to the City evidence of the insurance and payment and performance bond coverage meeting the requirements set forth in the Project Specifications. Proof of insurance and bonding related to the construction of the Project 1972
Contract
49 shall be provided to the City not more than (10) days after award of the contract. The City shall review and approve or disapprove of the evidence of insurance within twenty (20) days after submittal of complete information in the form required by the City. If the City disapproves the evidence of insurance, it shall specify in writing the reasons for such disapproval. Contractor shall resubmit the information required within ten (10) days.
The review and submittal periods for resubmittals shall be reduced to a ten (10) day review period for the City and a five (5) day period for resubmittal by Contractor and shall continue to apply until the City approves the evidence of insurance coverage, but in no event shall the submittal and review period continue for more than forty-five (45) days. If, after forty-five (45) days the Contractor has not provided evidence of insurance and bond coverage meeting the requirements of the City, the City shall terminate the contract and may either award the work to the next lowest responsive responsible bidder or issue a new request for bids. (If the City issues a new request for bids, the Contractor shall be disqualified from re-bidding the work because of the failure to provide timely proof of insurance and/or bond coverage.) No work shall be initiated on the Project prior to Contractor's receipt of the City's approval of evidence of insurance coverage related to the construction of the Project.
(c) Contractor shall have furnished the City with evidence of the insurance coverage meeting the insurance requirements set forth in Project Specifications for each subcontractor prior to initiating any work on the Project, including Builder's Risk insurance with appropriate coverage for the cost of construction. The periods for submittal, review and approval shall apply as stated in subparagraph (b) above. (d) The Parties agree that notwithstanding the time requirements set forth in this subsection for submittal and resubmittal to the City by the Contractor of the evidence of insurance and review and approval of the evidence of insurance by the City, Contractor is responsible for ensuring that the evidence of insurance in approvable form is submitted to the City in a timely manner.
Section 1.10 Security In Lieu of Retention.
(a) The City shall retain five percent (5%) of the sum requested in each progress payment unless the Contractor elects to invoke the procedures set forth at California Public Contract Code 22300 to substitute securities to ensure performance under the contract.
1. At the request and the expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in the state as escrow agent, who shall then pay the retained funds to the Contractor.
Upon satisfactory completion of the contract, the securities shall be returned to the Contractor.
2. Alternatively, the Contractor may request and the City shall make payment of retentions earned directly to the escrow agent at the expense of the Contractor. At the expense of the Contractor, the Contractor may direct the investment of the payments into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for in Public Contract Code 22300 for securities deposited by the Contractor. Upon satisfactory completion of this Agreement, the Contractor shall receive 1973
Contract
50 from the escrow agent all securities, interest, and payments received by the escrow agent from the owner, pursuant to the terms of this section.
(b) If the Contractor chooses to place securities in escrow, the escrow agreement to be used shall be substantially similar to the following form:
ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into by and between _________________________________________________ whose address is ________________________________ hereinafter called "Owner," ___________ whose address is ________________________________ hereinafter called "Contractor" and ___________ whose address is ________________________________ hereinafter called "Escrow Agent."
For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:
(1) Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for ____ in the amount of ____ dated ____ (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of ____, and shall designate the Contractor as the beneficial owner. (2) The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. (3) When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly.
(4) Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent. (5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner 1974
Contract
51 .
(6) Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor.
(7) The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner.
(8) Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. (9) Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this Agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above.
(10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:
On behalf of Owner: On behalf of Contractor:
_______________________ _________________________
Title Title
_______________________ _________________________
Name Name
_____________________ _________________________
Signature Signature
_______________________ _________________________
Address Address
On behalf of Escrow Agent:
_______________________
Title
_______________________
Name
_______________________
Signature
_______________________
Address
1975
Contract
52 At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.
Owner Contractor
________________________ _________________________
Title Title
________________________ _________________________
Name Name
________________________ _________________________
Signature Signature
Section 1.11 Senate Bill 854 Notice Requirements.
As provided in SB 854: a) no contactor or subcontractor may be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, unless currently registered with the Department of Industrial Relations (DIR) and qualified to perform public work pursuant to Section 1725.5 [Gov't Code Section 1771.1(a)]; b) no contractor or subcontractor may be awarded a public works contract unless registered with the DIR to perform public work pursuant to Section 1725.5 [Gov't Code Section 1771.1(b)]; and c) work performed on the project is subject to compliance monitoring and enforcement by the DIR [Gov't Code Section 1771.4].
Section 1.12 Job Site Notices.
Contractor shall post at the job site notices in compliance with Title I California Code of Regulations Section 16451.
ARTICLE II
DEFAULT AND REMEDIES
Section 2.1 Events of Default.
In addition the remedies set forth in Section 2.2, below, in the event of default the Department Head reserves the right to stop work immediately if any action or inaction by the Contractor or any subcontractor creates a risk of imminent harm to the public or property.
Each of the following shall constitute a "Default" by Contractor under this Agreement:
(a) Breach of Covenants. Failure by Contractor or any subcontractor to duly perform, comply with, or observe any of the conditions, terms, or covenants of any of the Contract Documents. The City shall give Contractor written notice of the breach and specify a time in which to cure the breach. If the Contractor cures the breach within the time specified in the notice or, if the breach cannot be cured in the time specified but the Contractor has diligently pursued measures to cure the breach and to keep the City 1976
Contract
53 informed of its progress, then the breach shall not constitute a default provided that the breach is cured within thirty (30) days from the date of the City’s last notice and demand to cure.
(b) Disregard of Laws. Disregard of laws, rules, regulations, directions or instructions of City by Contractor or any subcontractor with respect to the performance of work.
(c) Insolvency. A court having jurisdiction shall have made or entered any decree or order (i) adjudging Contractor to be bankrupt or insolvent, (ii) approving as properly filed a petition seeking reorganization of Contractor or seeking any arrangement for Contractor under the bankruptcy law or any other applicable debtor's relief law or statute of the United States or any state or other jurisdiction, (iii) appointing a receiver, trustee, liquidator, or assignee of Contractor in bankruptcy or insolvency or for any of their properties, (iv) directing the winding up or liquidation of Contractor if any such decree or order described in clauses (i) to (iv), inclusive, shall have continued unstayed or undischarged for a period of ninety (90) days; or (v) Contractor shall have admitted in writing its inability to pay its debts as they fall due or shall have voluntarily submitted to or filed a petition seeking any decree or order of the nature described in clauses (i) to (iv), inclusive.
(d) Suspension; Termination. Contractor shall have voluntarily suspended its business, or shall have voluntarily or involuntarily lost or terminated one or more of the licenses required to perform the work.
(e) Liens on Property and the Development. There shall be filed any claim of lien (other than liens approved in writing by the City) against the Project or the construction site or any part thereof, or any interest or right made appurtenant thereto and the continued maintenance of said claim of lien for a period of twenty (20) days without discharge or satisfaction thereof or provision therefore (including, without limitation, the posting of bonds) satisfactory to the City.
Section 2.2 Remedies.
The occurrence of any Default hereunder following the expiration of all applicable notice and cure periods will, either at the option of the City or automatically where so specified, relieve the City of any obligation to make or continue payments and shall give the City the right to proceed with any and all remedies set forth in the Contract Documents, including but not limited to the following:
(a) Specific Performance. The City shall have the right to mandamus or other suit, action or proceeding at law or in equity to require Contractor to perform its obligations and covenants under this Agreement or to enjoin acts on things which may be unlawful or in violation of the provisions of this Agreement.
1977
Contract
54 (b) Right of Contest. Contractor shall have the right to contest in good faith any claim, demand, levy, or assessment the assertion of which would constitute a Default hereunder. Any such contest shall be prosecuted diligently and in a manner unprejudicial to the City or the rights of the City hereunder.
(c) Remedies Cumulative. No right, power, or remedy given to the City by the terms of the Contract Documents is intended to be exclusive of any other right, power, or remedy; and each and every such right, power, or remedy shall be cumulative and in addition to every other right, power, or remedy given to the City by the terms of any such instrument, or by any statute or otherwise against Contractor and any other person.
Neither the failure nor any delay on the part of the City to exercise any such rights and remedies shall operate as a waiver thereof, nor shall any single or partial exercise by the City of any such right or remedy preclude any other or further exercise of such right or remedy, or any other right or remedy.
Section 2.3 Waiver of Damages.
Contractor, in having tendered the Proposal, shall be deemed to have waived any and all claims for damages because of termination of this Agreement for any reason. Contractor shall not be entitled to any lost profit in the event of termination.
ARTICLE III
GENERAL PROVISIONS
Section 3.1 Relationship of Parties.
Nothing contained in this Agreement shall be interpreted or understood by any of the Parties, or by any third persons, as creating the relationship of employer and employee, principal and agent, limited or general partnership, or joint venture between the City and Contractor or its agents, employees or subcontractors, and Contractor shall at all times be deemed an independent contractor and shall be wholly responsible for the manner in which it or its agents, or both, perform the services required of it by the terms of this Agreement. Contractor has and retains the right to exercise full control of employment, direction, compensation, and discharge of all persons assisting in the performance of services under the Agreement. In regards to the construction of the Project, Contractor shall be solely responsible for all matters relating to payment of its employees, including compliance with Social Security, withholding, and all other laws and regulations governing such matters, and shall include requirements in each contract that subcontractors shall be solely responsible for similar matters relating to their employees.
Contractor shall be solely responsible for its own acts and those of its agents and employees.
Section 3.2 Change Orders.
(a) Changes affecting the time of performance, unit pricing, or total contract price shall be set forth in a written Change Order that shall specify:
1. The work performed in connection with the change to be made; 1978
Contract
55 2. The amount of the adjustment to the Payment Limit, if any, and the basis for compensation for the work ordered; which adjustment may be a negotiated lump sum amount, agreed unit price, or paid under Section 9-1.04 “Force Account” of the 2010 State of California Department of Transportation Standard Specifications; and
3. The amount of time to be adjusted in the schedule for performance, if any. (b) A Change Order will become effective when signed by the Department Head, or his or her representative, notwithstanding that Contractor has not signed it. A Change Order will become effective without Contractor’s signature, provided the Department Head or his or her representative so indicates by noting thereon “unilateral change order.” (c) All changes in any plans and specification approved by any authority with jurisdiction over the Project may also require addenda or change orders approved by that authority.
(d) Where the City requests, a performance bond rider covering the changed work must be executed and delivered to the City before proceeding with the changed work, or shortly in time thereafter.
(e) The Department Head or his or her representative has the authority to approve Change Orders with a cumulative dollar value of up to ten percent (10%) of the contract price.
Section 3.3 Claims By Contractor.
(a) No Third-Party Claims. Nothing contained in this Agreement shall create or justify any claim against the City by any person that Contractor may have employed or with whom Contractor may have contracted relative to the purchase of materials, supplies or equipment, or the furnishing or the performance of any work or services with respect to the construction of the Project, and Contractor shall include similar requirements in any contracts entered into for the construction of the Project.
(b) Obligation to File Claims for Disputed Work. Should it appear to the Contractor that the work to be performed or any of the matters relative to the Contract Documents are not satisfactorily detailed or explained therein, or should any questions arise as to the meaning or intent of the Contract Documents, or should any dispute arise regarding the true value of any work performed, work omitted, extra work that the Contractor may be required to perform, time extensions, payment to the Contractor during performance of the work, construction of the Project, and/or compliance with procedures or standards set forth in the Contract Documents, or should Contractor otherwise seek extra time or compensation FOR ANY REASON WHATSOEVER, then Contractor shall first follow the procedures set forth in this Agreement, including but not limited to Section 3.2, “Change Orders.” If a dispute remains, then Contractor shall give written notice to the City that expressly invokes this Section 3.3 and requests a determination of the issue. City shall decide the issue in writing within 15 days; City’s decision shall be final and the limitations period for the filing of a claim shall commence upon the City’s issuance of its decision. If Contractor disagrees with City’s decision, or if Contractor contends 1979
Contract
56 that City failed to provide a timely decision, then Contractor’s SOLE AND EXCLUSIVE REMEDY is to file a written claim setting forth Contractor’s position as required herein. (c) Form and Contents of Claim. The Claim shall be submitted to the City within thirty (30) days of receiving the City’s written decision regarding the dispute, or the date the Contractor contends such decision was due, and in no event later than the date of final payment.
Contractor’s written claim must identify itself as a “Claim” under this Section 3.3 and must include the following: (1) a narrative of pertinent events; (2) citation to contract provisions; (3) theory of entitlement; (4) complete pricing of all cost impacts; (5) a time impact analysis of all time delays that shows actual time impact on the critical path; (6) documentation supporting items 1 – 5; and (7) verification under penalty of perjury of the claim’s accuracy. The Claim shall be priced like a Change Order, and must be updated every thirty (30) days as to cost and entitlement if it remains a continuing Claim. Routine contract materials, for example, correspondence, RFI, Change Order requests, or payment requests shall not constitute a Claim.
Contractor shall bear all costs incurred in preparation, submittal, and administration of a Claim. (d) Administration After Claim Submittal.
1. City may render a final decision based solely on the materials submitted in support of the Claim or may in its sole discretion conduct an administrative hearing on the Claim, in which case Contractor shall appear, participate, answer inquiries, and present any further evidence or analysis requested by City. Should City take no action on the Claim within forty-five (45) days (if the Claim is for less than $50,000) or within sixty (60) days (if the Claim is for $50,000 or more) of submittal, it shall be deemed denied.
2. Notwithstanding and pending the resolution of any Claim or dispute, Contractor shall diligently perform the disputed work to final completion in accordance with the City’s direction.
3. After their submittal, claims less than $375,000 shall also be subject to Section 20104 of the Local Agency Public Construction Act.
(e) Compliance
1. The provisions of this Section 3.3 constitute a non-judicial claim settlement procedure that, pursuant to California Government Code Section 930.2, shall constitute a condition precedent to the submittal of a valid claim under the California Government Code. Any Government Code claims alleging disputed work must affirmatively indicate prior compliance with this Section 3.3. In accordance with Richmond Municipal Code Section 1.10.010(b), all Government Code claims must be presented no later than the 100th day after the earlier of (i) the date the City actively or passively denied the Claim, or (ii) substantial completion or termination of the contract.
2. Failure to submit and administer Claims as required in Section 3.3 shall waive Contractor’s right to compensation for any disputed work not included in a timely Claim. Disputes not raised in a timely protest and timely Claim submitted under this Section 3.3 may not be asserted in any subsequent Government Code claim, administrative hearing, or civil action.
1980
Contract
57 3. City shall not be deemed to waive any provision under this Section 3.3 if, at City’s sole discretion, a Claim is administered in a manner not in accord with this Section 3.3. Waivers or modifications of this Section 3.3 may only be made by signed Change Order approved as to form by legal counsel for both City and Contractor. Oral or implied modifications shall be of no force or effect.
Section 3.4 Indemnification.
(a) To the fullest extent permissible by law, Contractor shall indemnify, defend, and hold harmless, and require its subcontractors to defend, indemnify and hold harmless, the City, its elected and appointed officials, and all of its employees, volunteers and agents (the "Indemnified Parties"), from all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney's fees and other defense costs (collectively, "Claims"), resulting from injury to or death sustained by any person (including Contractor’s or any subcontractors' employees), or damage to property of any kind, or any other injury or damage whatsoever, which Claims arise out of or are in any way connected with the construction of the Project, regardless of Contractor's fault or negligence; provided, however, that Contractor's, and Contractor's subcontractors' indemnity obligations hereunder shall not apply to the extent any Claims are caused by the active negligence or willful act or omission of an Indemnified Party. The indemnification obligations of Contractor and its subcontractors shall extend to Claims asserted after termination of this Agreement for whatever reason. (b) In Claims against any person or entity indemnified under Section 3.4(a) above by an employee of Contractor or its subcontractors, anyone directly or indirectly employed by any one of them or anyone for whose acts one of them may be liable, the indemnification obligation under Section 3.4(a) above shall not be limited by a limitation on amount or type of damages, compensation of benefits payable under workers' compensation acts, disability benefit acts or other employee benefit acts.
Section 3.5 Non-Liability of City Officials, Employees and Agents.
No member, official, employee or agent of the City shall be personally liable to Contractor in the event of any default or breach by the City or for any amount which may become due to Contractor or its successor or on any obligation under the terms of this Agreement.
Section 3.6 No Third Party Beneficiaries.
There shall be no third party beneficiaries to this Agreement.
Section 3.7 Conflict of Interest.
(a) Except for approved eligible administrative or personnel costs, no person described in Section 3.7(b) below who exercises or has exercised any functions or responsibilities with respect to the activities funded pursuant to this Agreement or who is 1981
Contract
58 in a position to participate in a decision-making process or gain inside information with regard to such activities, may obtain a personal or financial interest or benefit from the activity, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during, or at any time after, such person's tenure. Contractor shall exercise due diligence to ensure that the prohibition in this Section 3.7(a) is followed. (b) The conflict of interest provisions of Section 3.7(a) above apply to any person who is an employee, agent, consultant, officer, or elected or appointed official of the City of Richmond, and any immediate family member or dependent of such person.
Section 3.8 Notices, Demands and Communications.
If at any time after the execution of this Agreement it shall become necessary or convenient for one of the Parties hereto to serve any notice, demand or communication upon the other Party, such notice, demand or communication shall be in writing and shall be served personally or by depositing the same in the registered United States mail, return receipt requested, postage prepaid or delivered by express delivery service, return receipt requested and (1) if intended for the City shall be addressed to:
City of Richmond
450 Civic Center Plaza
Richmond, California 94804
Attention: XXXX
With copy to:
City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Attention: City Attorney
(2) if intended for Contractor shall be addressed to:
XXXX
XXXX
XXXX
Attn: XXXX
Any notice, demand or communication shall be deemed given, received, made or communicated on the date personal delivery is affected or, if mailed in the manner herein specified, on the delivery date or date delivery is refused by the addressee, as shown on the return receipt. Any Party may change its address at any time by giving written notice of such change at least ten (10) days prior to the date such change is desired to be effective. 1982
Contract
59 Section 3.9 Applicable Law.
This Agreement shall be governed by California law. This Agreement is made in Contra Costa County, California, and any action relating to this Agreement shall be instituted and prosecuted in the courts of Contra Costa County, California.
Section 3.10 Parties Bound.
Except as otherwise limited herein, the provisions of this Agreement shall be binding upon and inure to the benefit of the Parties and their heirs, executors, administrators, legal representatives, successors, and assigns. Any reference in this Agreement to a specifically named Party shall be deemed to apply to any successor, heir, administrator, executor, successor, or assign of such Party who has acquired an interest in compliance with the terms of this Agreement or under law.
This Agreement shall be binding upon and inure to the benefit of the heirs, administrators, executors, successors in interest, and assigns of each of the Parties.
Section 3.11 Severability.
If any term of this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions shall continue in full force and effect unless the rights and obligations of the Parties have been materially altered or abridged by such invalidation, voiding or unenforceability.
Section 3.12 Force Majeure.
Performance by either Party shall not be deemed to be in default when delays in performance are due to war, insurrection, strikes, lock-outs, riots, floods, earthquakes, fires, quarantine restrictions, freight embargoes, or court order, or any other similar causes (other than lack of funds of Contractor) beyond the control or without the fault of the Party claiming an extension of time to perform (“Force-Majeure Delays”). In no event shall any extension of any period of time be deemed to have occurred unless the Party claiming the Force-Majeure Delay gives written notice to the other Party within ten (10) days following the commencement of any such delay, setting forth the facts giving rise to the Force-Majeure Delay request, the expected duration of the delay, and the steps the Party intends to take to minimize the Delay. During the Force-Majeure Delay, the Party whose performance is delayed shall keep the other Party reasonably informed of the situation and the steps taken by such Party to continue performance and minimize delay. After the Force-Majeure Delay is over, the Parties shall in good faith jointly prepare an accurate written record of the circumstances giving rise to delay, specifying the commencement date and duration of the Force-Majeure Delay and the cause thereof, which record shall be signed by each Party to confirm agreement with respect to its content. In no event shall the City be required to agree to cumulative Force-Majeure Delays in excess of sixty (60) days unless the City is the cause of such delay. In the event that the parties cannot agree upon a record of the circumstances giving rise to the Force-Majeure Delay, the procedures set forth in Section 3.3 of this Agreement shall apply.
Section 3.13 Waivers.
1983
Contract
60 Any waiver by the City of any obligation or condition in this Agreement must be in writing. No waiver will be implied from any delay or failure by the City to take action on any breach or default of Contractor or to pursue any remedy allowed under this Agreement or applicable law. Any extension of time granted to Contractor to perform any obligation under this Agreement shall not operate as a waiver or release from any of its obligations under this Agreement. Consent by the City to any act or omission by Contractor shall not be construed to be consent to any other or subsequent act or omission or to waive the requirement for the City's written consent to future waivers.
Section 3.14 Title of Parts and Sections.
Any titles of the sections or subsections of this Agreement are inserted for convenience of reference only and shall be disregarded in interpreting any part of the Agreement's provisions.
Section 3.15 Entire Understanding of the Parties.
The Contract Documents – along with any written change orders and dispute determinations that may be issued by the City in the course of performance – shall constitute the entire understanding and agreement of the Parties with respect to construction of the Project.
The Contract Documents, written change orders (if any), and dispute determinations (if any) are deemed complementary and should be interpreted together.
Section 3.16 Multiple Originals; Counterpart.
This Agreement may be executed in multiple originals, each of which is deemed to be an original, and may be signed in counterparts. A facsimile or electronic signature to this Agreement shall be as valid as an ink signed original.
WHEREAS, this Agreement has been entered into by the undersigned as of the date first above written.
Reviewed By:
_______________________
City Attorney
ATTEST:
_______________________________
City Clerk
CITY:
CITY OF RICHMOND, a municipal corporation and
charter city
By: _________________________________
Name: _________________________________
Its: __________________________________
1984
Contract
61 CONTRACTOR:
XXXX
By: _________________________________
Name: _________________________________
Its: _________________________________
END OF CONTRACT
1985
Special Provisions
62 City of Richmond
Department of Public Works
SPECIAL PROVISIONS
___________________________________________
________________________________________________
GENERAL PROVISIONS
The legal relationship and responsibilities of the parties, including but not limited to the obligation to arbitrate claims hereto and the work embraced herein shall be done in accordance with the Standard Specifications and Standard Plans dated 2018 of the California Department of Transportation, and the most recent Standard Plans of the City of Richmond, California, in so far as the same may apply and in accordance with the Project Plans and these Special Provisions.
These Special Provisions are additions, modifications, and/or clarifications to the Standard Specifications of the California Department of Transportation. The numbers in parenthesis shown in the section and subsection headings of these Special Provisions refer to the State Standard Specifications Sections.
Refer to Section SP-1 of these Special Provisions for the order of precedence of the above contract documents in case of any conflict.
1986
Section SP-1 – Standard Specifications
63 SECTION SP-1 – STANDARD SPECIFICATIONS
(SECTION 1)
References in the Special Provisions to “City Standard Details and Specifications”, Contra Costa County Details, “Caltrans Standard Specifications” or “State Standard Specifications” shall mean the Standard Specifications, dated 2018, of the State of California, Department of Transportation, including all revisions and amendments, insofar as the same may apply and in accordance with the following special provisions.
In case of conflict between the State Standard Specifications and these special provisions, the special provisions shall take precedence over and be used in lieu of such conflicting portions. 1987
Section SP-2 – Plans and Specifications
64 SECTION SP-2 – PLANS AND SPECIFICATIONS
(SECTION 2)
The Contractor shall maintain a control set of Plans and Specifications on the project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall legibly be marked to scale in red, both graphically and dimensionally on this control set to show the as-built conditions. Upon completion of all work, the Contractor shall return the control set to the Engineer. Final payment will not be made until this requirement is met.
Adjustments to the layout of this plan may be necessary due to the unknown existing conditions. It is the Contractor’s responsibility to retain the design intent. If a layout discrepancy should occur, the Contractor is to contact the Engineer.
1988
Section SP-3 – Award and Execution of Contract
65 SECTION SP-3 - AWARD AND EXECUTION OF CONTRACT
Within ten (10) working days after the date of the Notice to Award, the Contractor shall execute and return the following contract documents to the Agency:
1. Contract Agreement
2. Faithful Performance Bond
3. Payment Bond
4. Public Liability and Property Damage Insurance Certificate
5. Worker’s Compensation Insurance Certificate
6. Exhibit “A”, Indemnification and Hold Harmless Agreement and Waiver of Subrogation and Contribution
Failure to comply with the above will result in annulment of the award and forfeiture of the Proposal Guarantee. The Contract Agreement shall not be considered binding upon the Agency until executed by the authorized Agency officials. A corporation to which an award is made may be required, before the Contract Agreement is executed the Agency, to furnish evidence of its corporate existence, of its right-to-enter into contracts in the State of California, and that the officers signing the contract and bonds for the corporation have the authority to do so.
CONTRACT BONDS
Before execution of the Contract, the Bidder shall file surety bonds with the Agency to be approved by the Board in the amounts and for the purposes noted below. Bonds issued by a surety who is listed in the latest version of U.S. Department of Treasury Circular 570, who is authorized to issue bonds in California, and whose bonding limitation shown in said circular is sufficient to provide bonds in the amount required by the Contract shall be deemed to be approved unless specifically rejected by the Agency. Bonds from all other sureties shall be accompanied by all of the documents enumerated in Code of Civil Procedure 995-660(a). The Bidder shall pay all bond premiums, costs, and incidentals.
Each bond shall incorporate, by reference, the Contract and be signed by both the Bidder and Surety and the signature of the authorized agent of the Surety shall be notarized. Each bond shall name the City as beneficiary.
The Bidder shall provide two (2) good and sufficient surety bonds. The “Payment Bond” (Material and Labor Bond) shall be for not less than 100 percent of the Contract Price, to satisfy claims of material suppliers and mechanics and laborers employed by it on the Work. The bond shall be maintained by the Contractor in full force and effect until the work is accepted by Agency and until all claims for materials and labor are paid, and shall otherwise comply with the Civil Code.
The “Performance Bond” shall be for 100 percent of the Contract Price to 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.
Should any bond become insufficient, the Contractor shall renew the bond within ten (10) days 1989
Section SP-3 – Award and Execution of Contract
66 after receiving notice from the City.
Should any Surety at any time be unsatisfactory to the City, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the Contract until a new Surety shall qualify and be accepted by the City.
Changes in the Work or extensions of time, made pursuant to the Contract, shall in no way release the Contractor or Surety from its obligation. Notice of such changes or extensions shall be waived by the Surety.
Both the Faithful Performance Bond and the Payment Bond shall be for not less than one hundred percent (100%) of the total contract amount for each Bond. Both the Faithful Performance Bond and the Payment Bond shall remain in force until thirty-five (35) days after the date of recordation of the Notice of Completion.
MEASUREMENT AND PAYMENT
Full compensation for Bonds shall be considered as included in the price paid for the various bid items and no additional compensation shall be allowed therefor. 1990
Section SP-4 – Beginning of Work, Time of Completion and Liquidated Damages 67 SECTION SP-4 - BEGINNING OF WORK, TIME OF COMPLETION AND
LIQUIDATED DAMAGES
Attention is directed to the provisions in Sections 8-1.05, “Time,” 8-1.10, “Liquidated Damages,” and 20-4, “Plant Establishment Work,” of the State Standard Specifications and these special provisions.
CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK
The Contractor shall prosecute the work in the most efficient manner to minimize inconvenience to the public and complete the work within the Contract time limit. Prior to issuing the notice to proceed, the Contractor shall:
1. Provide the Engineer the name and local 24-hour telephone contact number of the Contractor’s Superintendent.
2. Provide the Notice to Residents.
3. Provide a Materials List.
4. Prepare a storm water pollution and prevention plan (SWPPP)
5. Prepare a Vehicular and Pedestrian traffic control plan.
6. Prepare a truck route plan.
7. Provide for photo and video documentation of the existing conditions.
The Contractor shall complete the work in accordance with the following:
1. Procure all materials and equipment needed for construction
2. Establish traffic control system
3. Install water pollution prevention devices
4. Pothole to locate all existing utilities in areas of work The Contractor’s proposed Construction Schedule shall be submitted in a format as detailed in Section 8-1.02 “Schedule” of the State Standard Specifications to the Engineer within ten (10) working days after the date of the Notice of Award of Contract and shall reflect all major and controlling items of work and conform to all contract requirements, including the order of work mentioned above. The schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged and setting forth the dates that each item will be delivered.
Prior to issuing the Notice to Proceed, the Engineer will schedule a preconstruction meeting with the Contractor to review the proposed Construction Schedule and delivery dates, arrange the utility coordination, discuss construction methods, and clarify inspection procedures.
The Contractor shall submit to the Engineer by the fifth (5th) day of each month, or upon request, Progress Reports and an updated complete project schedule. Any deviations from the original schedule shall be explained in writing and submitted with the Progress Reports or updated complete project schedule. Failure to submit Progress Reports, updated complete project 1991
Section SP-4 – Beginning of Work, Time of Completion and Liquidated Damages 68 schedules or explanations for deviations on the fifth (5th) day of the month or within 2 working days from the Engineer’s request may result in suspension of any or all portions of work or rejection of any or all portions of work until such Progress Reports or complete project schedules are delivered to the Engineer and the Engineer allowed a reasonable amount of time to review them. Working days will continue to be accessed during this suspension. Progress payments will be withheld pending receipt of any outstanding reports, updated schedules or explanations for deviations.
In the event of a deviation from the most current order of work, progress report or complete progress schedule (whether authorized, planned, unplanned or emergency deviation) if additional or unplanned inspection fees are incurred by the City as a result as determined by the Engineer, then an inspection service fees will be charged against the Contractor. The service fees will include all costs to the City associated with the deviation, including consultant fees, testing fees, employee regular and overtime rates, benefits, overhead and travel time. The service fees will be deducted from any amounts due the Contractor.
LIQUIDATED DAMAGES
For each consecutive calendar day in excess of the time specified, as adjusted in accordance with Section 8-1.07 of the State Standard Specifications, for completion of the work, the Contractor shall pay to the Agency, or have withheld from monies due it, the sum as set forth in the contract agreement, liquidated damages.
2. The Contractor shall pay to the City of Richmond the sum of $500 per calendar day for each and every calendar day delay in finishing the work in excess of the number of working days prescribed above, except as extended by contract change order.
HOURS OF WORK
Hours of work in general shall be between 8:00 A.M. and 5:00 P.M., Monday – Friday All references herein to timeframes that are specified in days shall mean calendar days, unless specifically stated otherwise.
The temporary full closure of streets is not permitted without the advance approval of the Engineer.
When lane closures are made for daily work periods, at the end of each work period, all components of the traffic control systems shall be removed from the traveled way and shoulder.
The Contractor shall schedule and sequence his/her operations within the specified hours for lane closures such that lanes closed for the street work shall remain closed until applied pavement materials (asphalt concrete, pavement delineation, etc.) have sufficiently cured to accommodate traffic. All lanes shall be reopened to public traffic no later than the end of the allowed lane closure hours.
SUBMITTALS
The Contractor shall provide submittals in an electronic format to the Engineer for review and approval. The Contractor shall not proceed with procuring materials or commencing work until 1992
Section SP-4 – Beginning of Work, Time of Completion and Liquidated Damages 69 the submittal receives a favorable review by the Engineer. Prior to the Pre-Construction, the Contractor shall furnish the following:
1. Designation of Project Superintendent.
2. 24-hour contact information.
3. Advance notifications (door knockers)
4. Construction schedule
5. Vehicular and Pedestrian Traffic Control Plan for each street
6. Truck Route Plan
7. Utility pipes and appurtenances
8. Storm Drain Pipes
9. Storm Drain Structures
10. Concrete Mix Design
11. Asphalt Concrete mix design
12. Rock Slope Protection (RSP)
13. Class II Aggregate Base
14. Mulch
15. Permeable Paving Units
16. Ornamental Metal Fence and Gate
17. Dewatering Plan
18. Storm Water Pollution Prevention Plan (SWPPP)
The City reserves the right to require additional submittals from the Contractor that are not specifically identified above. See the Special Provisions for additional submittals required.
MEASUREMENT AND PAYMENT
Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.
1993
Section SP-5 – Public Notices
70 SECTION SP-5 - PUBLIC NOTICES
The Contractor shall assign a Project Superintendent who has the complete authority to make decisions on behalf of the Contractor. The Project Superintendent shall be on the job at all times during the construction and shall be available and on call 24 hours a day for the duration of the project. The Contractor shall provide the Engineer and to the Richmond Police Department a 24-hour contact number for the Project Superintendent. This number shall not direct calls to a recorder or other message taking service.
Ten (10) calendar days prior to beginning any work, the Contractor shall furnish and hand deliver written notice to all adjoining residents, businesses, and tenants. The notice shall be in a form approved in advance by the Engineer. A sample of the notice will be provided to the Contractor at the Pre-construction Conference. The notice shall alert the resident of the scope of the work that will take place in two days along their frontage and potential impacts to ingress and egress of their driveways, as well as parking restrictions. The notice shall also contain contact information for individuals associated with this project (such as the Resident Engineer and Contractor Superintendent), as well as overall program contact information.
The Contractor shall also contact and coordinate the work with the agencies and companies listed below with the aim of minimizing inconvenience or disruption of service to Richmond residents.
The Contractor shall make every effort to accommodate the service to the community provided by those agencies and companies listed below. Additionally, the Contractor shall give the agencies and companies listed below written notification of the project fourteen days prior to beginning any work.
Richmond Police Department (510) 233-1214
Richmond Fire Department (510) 307-8031
U.S Post Office (800) 275-8777
Contra Costa Transportation Authority (925) 407-0121
West Contra Costa Unified School District (510) 231-1100 West Contra Costa Integrated Waste Management Authority (510) 215-3125 Richmond Public Works (Street Sweeping) (510) 231-3011
Richmond Sanitary Company (Garbage Collection) (510) 262-1600 Stege Sanitary District (Sewer Services) (510) 524-4668 West County Wastewater District (Sewer Services) (510) 222-6700
MEASUREMENT AND PAYMENT
Full compensation for conforming to the requirements of this Section shall be considered as included in the prices paid for the various contract items of work and no separate payment will be made therefore.
1994
Section SP-6 – Watering
71 SECTION SP-6 – WATERING
Watering shall conform to Section 10-4 “Water Usage”, Section 10-5 “Dust Control” ,Section 10-6 “Watering” Section 13, “Water Pollution Control,” Section 19 “Dust Palliatives” of the State Standard Specifications and these Specifications.
The Contractor shall supply the necessary labor, material, and equipment for construction water needs throughout the contract period. Construction water includes, but is not limited to, watering for dust control, and pipe testing. The Contractor shall contact East Bay Municipal Utility District (EBMUD) for a temporary water meter to supply the project. The contractor will be responsible for any fees, or deposits associated with obtaining construction water. This section applies during working and non-working periods, including weekends.
No separate payment will be made for the purpose of controlling dust caused by Contractor and public traffic.
MEASUREMENT AND PAYMENT
Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.
1995
Section SP-7 – General
72 SECTION SP-7 – GENERAL
DEFINITIONS
Agency/City - City of Richmond
Board - City Council
Caltrans - California Department of Transportation
City - City of Richmond
Country - County of Contra Costa
Director - The Director of Public Works / City Engineer, City of Richmond, acting either directly or through his properly authorized agents, each agent action only within the scope of authority designated to him.
Engineer - The Director of Public Works / City Engineer, City of Richmond, acting either directly or through his properly authorized agents, each agent action only within the scope of authority designated to him.
Federal - United States of America
Final
Acceptance
- Final Acceptance is defined as that stage of construction which allows the City to accept the project as completed (no punch list items remaining unresolved).
When the Contractor believes that the project is ready for final acceptance, he shall call for a final acceptance inspection. The Director will inspect the project to verify its completion. Should there be elements that are not completed, the Director will record same (final acceptance punch list) and bring them to the attention of the Contractor.
All punch list items must be resolved prior to final acceptance.
When, in the Director’s judgment, the work has been completed in accordance with the plans and specifications and is ready for final acceptance, he will so certify to the Board, which may accept the completed work. Upon acceptance of the work by the Board, the City Clerk will file the Notice of Completion with the County Recorder.
State Standard
Specifications
- Standard Specifications, State of California, Department of Transportation, dated 2018 (or current version), including all revisions and amendments.
1996
Section SP-7 – General
73 City Standard
Details
Contra Costa
County
Standard
Details
-
-
City of Richmond Department of Public Works Standard Details Contra Costa County Public Works Department – Standard Details Dated March 2014
Substantial
Completion
- Substantial Completion is defined as that stage of construction, which allows the Director to occupy or use the project for its intended purpose.
When a project includes a plant establishment period, the date of the start of the plant establishment period may, at the discretion of the Director, be used as the basis for determining the substantial completion date, provided that all elements of the project, other than the landscape, are substantially completed as defined above.
The substantial completion date will be determined by the Director in cooperation with the Contractor and establish the termination of the time period for construction, and this date is used as a basis for determining whether liquidated damages are assessable. In no case shall the plant establishment period end prior to the final acceptance of the project.
When the Contractor believes that construction of the project is substantially complete, he shall call for an inspection. The Director will inspect the total project to verify its completion by the Contractor.
Should there be elements of the project that are not yet completed, the Director will record same (substantial completion punch list) and bring them to the attention of the Contractor. All such items must be completed prior to acceptance of the project substantially complete.
In the event re-inspection of any project element results in additional cost to the City for consultant or staff time, the Director retains the right to withhold sufficient funds from payments due the Contractor to cover the cost to the City of such re-inspection.
Traveled Way - That portion of the roadway reserved for the movement of vehicles for the general public, exclusive of shoulders and auxiliary lanes. When traffic has been diverted or restricted to certain lanes, with the approval of the Traffic Engineer, these diversions or restricted lanes become the traveled way.
GENERAL NOTES
CALIFORNIA DEPARTMENT OF FISH AND WILD LIFE
1. Contractor must maintain copies of all related notification materials, the Agreement and any extensions and amendments to the agreement, and California Environmental quality act (CEQA) documents, readily available at the project site At all times when upon request.
1997
Section SP-7 – General
74 2. Contractor shall notify CDFW within five (5) working days of beginning work and Within five (5) working days of completion of work for each construction season.
Notification shall be made to Andrew Chambers, environmental scientist, at (707) 266-2878 or [email protected]
3. Within 48 hours prior to the start of construction work within the project area, The cdfw-approved qualified biologist shall conduct pre-construction surveys For presence of special-status fish and wildlife species within all construction Areas, staging areas, and access routes, herein referred to as the project work Area.
4. If special-status species are encountered during work, contractor shall notify CDFW immediately. Biologist shall contact Andrew Chambers at (707) 266-2878 or [email protected] within 4 hours.
5. Project construction shall be restricted to dry weather. Activities shall cease when national weather service (NWS) 72- hour weather forecast indicates a 30 Percent or higher chance of precipitation,
6. The project shall not start unless all associated erosion control measures (BMP) are completed prior to the start of construction.
7. Equipment and storage of materials are not permitted in the creek. Access to Work site shall be from creek bank.
8. Staging and storage areas for equipment, materials, fuels, lubricants and Solvents, shall be located outside of waters of the state, including stream, Riparian, floodplain and wetland areas. Best management practices (bmp) shall be Used to protect nearby sensitive resources
9. Contractor shall place flagging around the construction corridor within the Stream, riparian, and wetland areas. Flagging shall be removed and disposed at The completion of the construction work
10. Contractor shall not place spoils where it may enter a stream, riparian or Wetland area, or other vegetation. Spoils shall be hauled offsite or stockpiled in An upland location where it shall be covered with plastic sheeting or visqueen Whenever it is evident that rainy conditions threaten to erode loose soil into Sensitive habitats
11. Contractor shall take action to ensure that debris originating from project Activities does not enter the channel or banks. Any debris that inadvertently Enters the channel or bank shall be removed and disposed of according to state And local laws and ordinances.
12. Contractor shall not import more of remove any rock and/or other materials 1998
Section SP-7 – General
75 Within the stream bed or banks except as other wise shown on the plans.
13. Un-grouted rock slope protection (RSP) shall consist of clean rock, competent For the application, sized, and properly installed to resist washout. RSP slopes Shall be supported with competent boulders keyed into a footing trench with a Depth sufficient to properly seat the footing comprised of coarse boulders and Prevent instability.
14. Contractor shall place erosion control protection in all disturbed areas.
Erosion control materials shall be coir netting and shall not contain plastic monofilament netting or similar. Material containing netting within the project area.
All netting or matting shall be biodegradable.
15. All contractor employees and other persons employed on the project and Working on site shall attend a training session from a qualified biologist. The Training shall include a discussion of the biology and general behavior of any Sensitive species.
CITY NOTES
1. All material and workmanship shall fully conform with the Specifications, standards, and ordinances of the city of concord. Standard specifications and details are available in the office of the City Engineer.
2. The office of public works inspection shall be notified at least 24 hours in advance of any work.
3. It shall be the contractor's responsibility to determine the existence and location of all utilities. The underground contractor shall notify utility companies at least 48 hours in advance of construction to field locate utilities. Contact underground service alert at 800-227-2600.
4. The contractor shall be held responsible for any field changes made without written authorization from the City Engineer.
5. Contractor shall provide adequate traffic controls & shall submit a traffic control plan
6. All existing utilities and private improvements that become damaged during construction shall be completely restored to the satisfaction of the City Engineer, at contractor's sole expense.
7. The contractor agrees that, in accordance with generally accepted construction practices, the contractor will be required to assume sole and complete responsibility for job site conditions during the course of construction of the project, including safety of all persons and property and that this requirement shall be made to apply continuously and not just during normal working hours.
1999
Section SP-7 – General
76 8. Excavations shall be adequately shored, braced and sheeted so that the earth will not slide or settle and so that all existing improvements of any kind will be fully protected from damage. Any damage resulting from a lack of adequate shoring, bracing or sheeting, shall be the responsibility of the contractor and shall make necessary repairs or reconstruction at contractor own expense. Where the excavation for a conduit trench, and/or structure is five feet or more in depth, the contractor shall provide adequate sheeting, shoring and bracing or equivalent method, for the protection of life, or limb, which shall conform to the applicable construction safety orders of the division of industrial safety of the state of California. The contractor shall always comply with OSHA requirements.
9. Should it appear that the work to be done, or any matter relative thereto, is not sufficiently detailed or explained on these plans, the contractor shall contact the Engineer for such further explanations as may be necessary. Existing utilities shall be maintained in service and in place by the contractor during construction unless otherwise shown. References to the state standard specifications and standard Plans refer to 2018 edition.
10. All USA marking to be removed at end of construction.
11. Contractor shall comply with all regulatory agency permit requirements. The qualified biologist, biological surveys, and related reports will be provided by the city.
LABOR NONDISCRIMINATION
Attention is directed to the following Notice that is required by Chapter 5 of Division 4 of Title 2, California Code of Regulations.
NOTICE OF REQUIREMENT FOR NONDISCRIMINATION PROGRAM
(GOV. CODE, SECTION 12990)
Your attention is called to the “Nondiscrimination Clause”, set forth in Section 7-1.02I(2), “Nondiscrimination,” of the State Standard Specifications, which is applicable to all nonexempt state contracts and subcontracts, and to the “Standard California Nondiscrimination Construction Contract Specifications” set forth herein. The State Standard Specifications are applicable to all nonexempt state construction contracts and subcontracts of $5,000 or more.
The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers.
ARBITRATION
The last paragraph in Section 9-1.22, “Arbitration,” of the State Standard Specifications is amended to read:
Arbitration shall be initiated by a Complaint in Arbitration made in compliance with the requirements of said regulations. A Complaint in Arbitration by the Contractor shall be made not 2000
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77 later than 180 days after the date of service in person or by mail on the Contractor of the final written decision by the Department on the claim.
POTENTIAL CLAIMS AND DISPUTE RESOLUTION
Section 5-1.43, “Potential Claims and Dispute Resolution,” of the State Standard Specifications is amended to read:
Section 5-1.43, “Potential Claims and Dispute Resolution,” -- The Contractor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless he shall have given the Engineer due written notice of potential claim as hereinafter specified. Compliance with this Section 9-1.04 shall not be a prerequisite as to matters within the scope of the protest provisions in Section 4-1.05, “Changes and Extra Work,” or Section 8-1.05, “Time,” or the notice provisions in Section 4-1.06, “Differing Site Conditions,” or Section 8-1.10, “Liquidated Damages,” or Section 5-1.36C, “Non-Highway Facilities,” nor to any claim which is based on differences in measurements or errors of computation as to contract quantities.
The written notice of potential claim shall be submitted to the Engineer prior to the time that the Contractor performs the work giving rise to the potential claim for additional compensation, if based on an act or failure to act by the Engineer, or in all other cases within 15 days after the happening of the event, thing, occurrence, or other cause, giving rise to the potential claim.
The written notice of potential claim shall be submitted on Form CEM-6201 furnished by the Department and shall be certified with reference to the California False Claims Act, Government Code Sections 12650 - 12655. The notice shall set forth the reasons for which the Contractor believes additional compensation will or may be due and the nature of the costs involved. Unless the amount of potential claim has been stated in the written notice, the Contractor shall, within 15 days of submitting said notice, furnish an estimate of the cost of the affected work and impacts, if any, on project completion. Said estimate of costs may be changed or updated by the Contractor when conditions have changed. When the affected work is completed, the Contractor shall submit substantiation of his actual costs. Failure to do so shall be sufficient cause for denial of any claim subsequently filed on the basis of said notice of potential claim.
It is the intention of this Section 5-1.43 that differences between the parties arising under and by virtue of the contract be brought to the attention of the Engineer at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action promptly taken. The Contractor hereby agrees that he shall have no right to additional compensation for any claim that may be based on any such act, failure to act, event, thing or occurrence for which no written notice of potential claim as herein required was filed.
Should the Contractor, in connection with or subsequent to the assertion of a potential claim, request inspection and copying of documents or records in the possession of the Department that pertain to the potential claim, Contractor shall make its record of the project, as deemed by the Department to be pertinent to the potential claim, available to the Department for inspection and copying.
2001
Section SP-7 – General
78 FINAL PAYMENT AND CLAIMS
CONTRACTOR’S AFFIDAVIT AND FINAL RELEASE. After completion of all contract work and prior to requesting release of any moneys held in retention or final payment by the CITY, the CONTRACTOR shall fully execute and deliver to the CITY the document entitled “Affidavit and Final Release,” included in the contract (page C-15).
Section 9-1.17D, “Final Payment and Claims,” of the State Standard Specifications is amended to read:
9-1.17D Final Payment and Claims -- After acceptance by the Director, the Engineer will make a proposed final estimate in writing of the total amount payable to the Contractor, including therein an itemization of said amount, segregated as to contract item quantities, extra work and any other basis for payment, and shall also show therein all deductions made or to be made for prior payments and amounts to be kept or retained under the provisions of the contract. All prior estimates and payments shall be subject to correction in the proposed final estimate. The Contractor shall submit written approval of the proposed final estimate or a written statement of all claims arising under or by virtue of the contract so that the Engineer receives such written approval or statement of claims no later than close of business on the thirtieth day after receiving the proposed final estimate. If the thirtieth day falls on a Saturday, Sunday or legal holiday, then receipt of such written approval or statement of claims by the Engineer shall not be later than close of business of the next business day. No claim will be considered that was not included in the written statement of claims, nor will any claim be allowed as to which a notice or protest is required under the provisions in Sections 4-1.05, “Changes and Extra Work,” 8-1.05, “Time,” 8-
1.10, “Liquidated Damages,” 4-1.06, “Differing Site Conditions,” 5-1.36C, “Non-Highway Facilities,” and Section 5-1.43, “Potential Claims and Dispute Resolution,” unless the Contractor has complied with the notice or protest requirements in said sections.
On the Contractor’s approval, of if he files no claim within said period of 30 days, the Engineer will issue a final estimate in writing in accordance with the proposed final estimate submitted to the Contractor and within 30 days thereafter the City will pay the entire sum so found to be due.
Such final estimate and payment thereon shall be conclusive and binding against both parties to the contract on all questions relating to the amount of work done and the compensation payable therefor, except as otherwise provided in Sections 5-1.27, “Records,” and 9-1.21, “Clerical Errors.”
If the Contractor within said period of 30 days files claims, the Engineer will issue a semifinal estimate in accordance with the proposed final estimate submitted to the Contractor and within 30 days thereafter the City will pay the sum so found to be due. Such semifinal estimate and payment thereon shall be conclusive and binding against both parties to the contract on all questions relating to the amount of work done and the compensation payable therefor, except insofar as affected by the claims filed within the time and in the manner required hereunder and except as otherwise provided in Sections 5-1.27, “Records,” and 9-1.21 “Clerical Errors.”
Claims filed by the Contractor shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. If additional information or details are required by the Engineer to determine the basis and amount of said claims, the Contractor shall furnish such further 2002
Section SP-7 – General
79 information or details are received by the Engineer no later than the fifteenth day after receipt of the written request from the Engineer. If the fifteenth day falls upon a Saturday, Sunday or legal holiday, then receipt of such information or details by the Engineer shall not be later than close of business of the next business day. Failure to submit such information and details to the Engineer within the time specified will be sufficient cause for denying the claim.
The Contractor shall keep full and complete records of the costs and additional time incurred for any work for which a claim for additional compensation is made. The Engineer or any designated claim investigator or auditor shall have access to those records and any other records as may be required by the Engineer to determine the facts or contentions involved in the claims. Failure to permit access to such records shall be sufficient cause for denying the claims.
Claims submitted by the Contractor shall be accompanied by a notarized certificate containing the following language:
Under the penalty of law for perjury or falsification and with specific reference to the California False Claims Act, Government Code Section 12650 et. seq., the undersigned,
_____________________________________________________,
(Name)
____________________________________________________Of
(Title)
_____________________________________________________,
(Company)
Hereby certifies that the claim for the additional compensation and 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 parties.
Dated_______________________________________________
/s/___________________________________________________
Subscribed and sworn before me this ______ day of _________
______________________________________________________
Notary Public
My Commission Expires_________________________________
Failure to submit the notarized certificate will be sufficient cause for denying the claim.
Any claim for overhead type expenses or costs, in addition to being certified as stated above, shall be supported by an audit report of an independent Certified Public Accountant. Any such overhead claim shall also be subject to audit by the City at its discretion.
Any costs or expenses incurred by the City in reviewing or auditing any claims that are not 2003
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80 supported by the Contractor’s cost accounting or other records shall be deemed to be damages incurred by the City within the meaning of the California False Claims Act.
The Engineer will make the final determination of any claims which remain in dispute after completion of claim review by the Engineer. A board or person designated by said Engineer. The Contractor may meet with the review board or person to make a presentation in support of such claims.
Upon final determination of the claims, the Engineer will then make and issue his final estimate in writing and within 30 days thereafter the City will pay the entire sum, if any, found due thereon.
Such final estimate shall be conclusive and binding against both parties to the contract on all questions relating to the amount of work done and the compensation payable therefor, except as otherwise provided in Sections 5-1.27, “Records,” and 9-1.21, “Clerical Errors Claims within the meaning of this section shall refer to all types of claims in whatever manner made by the Contractor, whether written or verbal, whether formal or informal, including requests for extra compensation through Daily Extra Work Reports.
REMOVAL OF ASBESTOS, LEAD PAINT AND HAZARDOUS SUBSTANCES When the presence of asbestos, lead paint or hazardous substances are not shown on the plans or indicated in the specifications and the Contractor encounters materials which the Contractor reasonably believes to be asbestos or a hazardous substance as defined in Section 25914.1 of the Health and Safety Code, all such removal of asbestos or hazardous substances including any exploratory work to identify and determine the extent of such substances will be included in the lump sum price for this contract. If delay of work in the area delays the current controlling operation, it will be considered Extra Work as detailed in the Section 4-1.05 “Changes and Extra Work,” of the State Standard Specifications.
LUMP SUM
All labor, materials and incidentals shall be provided for the lump sum prices specified in the Bid Schedule.
SUBCONTRACTING
All subcontractors, suppliers and vendors shall comply with applicable Agency, City and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Fail to file any report due under said orders will result in suspension of periodic progress payments.
PAYMENTS
Attention is directed to Section 9-1.16, “Progress Payments,” and 9-1.17, “Payment After Contract Acceptance,” of the State Standard Specifications and these special provisions. In these sections revise “The Department” to “The City of Richmond.”
For the purpose of making partial payments pursuant to Section 9-1.16, “Progress Payments,” of the State Standard Specifications, the amount set forth for the contract items of work hereinafter listed shall be deemed to be the maximum value of said contract item of work which will be 2004
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81 recognized for progress payment purposes.
After acceptance of the contract pursuant to Section 3, “Contract Award and Execution,” of the State Standard Specifications, the amount, if any, payable for a contract item of work in excess of the maximum value for progress payment purposes herein above listed for said item, will be included for payment in the first estimate made after acceptance of the contract.
SOUND CONTROL REQUIREMENTS
The noise level from the Contractor’s operations, between the hours of 8:00 a.m. and 5:00 p.m.., shall not exceed 86 dbA at a distance of 50 feet. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level.
Said noise level requirement shall apply to all equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel.
MEASUREMENT AND PAYMENT
Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.
CONTRACTOR’S LIABILITY
The City of Richmond, the City Council, the Engineer or their agents and consultants 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 for any of the materials or other things used or employed in performing the work; or for injury to any person or persons, either workmen or the public; or for damage to any person or persons, either workmen or the public; or for damage to adjoining property from any cause which might have been prevented by the Contractor, or his workmen, or any one employed by him; against all of which injuries or damages to persons and property the Contractor, having control over such work, must properly guard. The Contractor shall be responsible for any damage to any person or property resulting from defects or obstructions or any time before its completion and final acceptance. So much of the money due the Contractor under and by virtue of the Contract as shall be considered necessary by the City may be retained by the City until disposition has been made of any suits or claims for damages aforesaid.
If, in the opinion of the Engineer, the precautions taken by the Contractor are not safe or adequate at any time during the life of the Contract, the Engineer may order the Contractor to take further precautions, and if the Contractor shall fail to do so, the Engineer may order the work done by others and charge the Contractor for the cost thereof, such cost to be deducted from any monies due or becoming due the Contractor. Failure of the Engineer to order such additional precautions, however, shall not relieve the Contractor from his full responsibility for public safety.
SPECIAL PAYMENT PROVISIONS
The contract is further subject to the following provisions of California Government Code Section 20104.50:
2005
Section SP-7 – General
82 A) For purposed of this article:
1) It is the intent of the Legislature in enacting this section to require all local governments to pay their contractors on time so that these contractors can meet their own obligations.
In requiring prompt payment by all local governments, the Legislature hereby finds and declares that the prompt payment of outstanding receipts is not merely a municipal affair, but is, instead, a matter of statewide concern. 2) It is the intent of the Legislature in enacting this article to fully occupy the field of public policy relating to the prompt payment of local governments' outstanding receipts. The Legislature finds and declares that all government officials, including those in local government, must set a standard of prompt payment that any business in the private sector which may contract for services should look towards for guidance.
B) Any local agency which fails to make any progress payment within 30 days after receipt of an undisputed and properly submitted payment request from a contractor on a construction contract shall pay interest to the contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure.
C) Upon receipt of a payment request, each local agency shall act in accordance with both of the following:
1) Each payment request shall be reviewed by the local agency as soon as practicable after receipt for the purpose of determining that the payment request is a proper payment request.
2) Any payment request determined not to be a proper payment request suitable for payment shall be returned to the contractor as soon as practicable, but not later than seven days, after receipt. A request returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.
D) The number of days available to a local agency to make a payment without incurring interest pursuant to this section shall be reduced by the number of days by which a local agency exceeds the seven-day return requirement set forth in paragraph (2) of subdivision (c).
E) For purposes of this article:
1) A “local agency” includes, but is not limited to, a city, including a charter city, a county, and a city and county, and is any public entity subject to this part. 2) A “progress payment” includes all payments due contractors, except that portion of the final payment designated by the contract as retention earnings. 2006
Section SP-7 – General
83 3) A payment request shall be considered properly executed if funds are available for payment of the payment request, and payment is not delayed due to an audit inquiry by the financial officer of the local agency.
F) Each local agency shall require that this article, or a summary thereof, be set forth in the terms of any contract subject to this article.
BUY AMERICA REQUIREMENTS
Attention is directed to the “Buy America” requirement of the Surface Transportation Assistance Act of 1982 (Section 165) and the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) Sections 1041(a) and 1048 (a), and the regulations adopted pursuant thereto. In accordance with said law and regulations, all manufacturing processes for steel and iron materials furnished for incorporation into the work on this project shall occur in the United States; with the exception that pig iron and processed, pelletized and reduced iron ore manufactured outside of the United States may be used in the domestic galvanizing, painting, and any other coating that protects or enhances the value of such steel or iron materials shall be considered a manufacturing process subject to the “Buy America” requirements.
A Certificate of Compliance, conforming to the provisions in Section 6-3.05E, “Certificates of Compliance,” of the Standard Specifications, shall be furnished for steel and iron materials. The certificates, in addition to certifying that the materials occurred in the United States, except for the exceptions allowed herein.
The requirements imposed by said law and regulations do not prevent a minimal use of foreign steel and iron materials if the total combined cost of such materials used does not exceed one-tenth of one percent (0.1%) of the total contract cost or $2,500, whichever is greater. The Contractor shall furnish the Engineer acceptable documentation of the quantity and value of any foreign steel and iron prior to incorporating such materials into the work.
MEASUREMENT AND PAYMENT
Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.
2007
Section SP-8 – Trench Safety
84 SECTION SP-8 – TRENCH SAFETY
The Contractor shall obtain a permit from the Division of Industrial Safety for the construction of trenches or excavations which are five feet or deeper and into which a person is required to descend.
Prior to initiation of any work or operation under a permit issued by the Division of Industrial Safety, a safety conference shall be conducted by the Contractor. Such safety conference shall include the Engineer and the Contractor’s employees who will be working in or near the trench.
The safety conference shall include a discussion of the hazards working near excavations and specific protocols to be implemented.
Prior to the excavation of any trench or trenches five feet or more in depth, the Contractor shall submit to the Engineer a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground during excavation of such trench or trenches. The plan is to be submitted to the Engineer a minimum of two weeks prior to the proposed commencement of trenching operations, and is to be approved by the Engineer prior to commencement of trenching operations. If such plan varies from the shoring system standards established by the Construction Safety Orders, the plan shall be prepared by a registered civil or structural engineer in the State of California.
Nothing in this requirement shall allow the use of shoring, sloping or protective system less effective than that required by the Construction Safety Orders.
MEASUREMENT AND PAYMENT
Full compensation for conforming to Trench Safety shall be considered as included in the prices paid for the various items of work and no additional compensation will be allowed therefor. 2008
Section SP-9 – Public Utility Coordination
85 SECTION SP-9 – PUBLIC UTILITY COORDINATION
The following utility companies have facilities within the project area during construction of the improvements:
1. East Bay Municipal Utility District (EBMUD) – Water
2. Pacific Gas and Electric (PG&E) – Electric and Gas
EBMUD has utility infrastructure located within the project area as approximately shown in the Plans. While the Engineer has completed initial coordination with the utility owner, the Contractor shall contact EBMUD to coordinate his work such that Contractor can efficiently complete the work within the schedule defined in the contract.
PG&E has utility infrastructure located within the project area as approximately shown in the Plans. While the Engineer has completed initial coordination with the utility owner, the Contractor shall contact PG&E to coordinate his work such that Contractor can efficiently complete the work within the schedule defined in the contract.
The Contractor shall allow sufficient time and resources in his or her schedule for coordination with the public utilities. The Engineer will accept no delay claim nor provide additional compensation to the Contractor for Contractor coordination with EBMUD or PG&E.
In addition, there are additional public utility infrastructure including valve lids and pull boxes owned by PG&E, EBMUD, AT&T, and Comcast within the project area. The Contractor shall coordinate adjustment, replacement, or relocation of these facilities with their respective owner.
MEASUREMENT AND PAYMENT
Full compensation for conforming to Public Utility Coordination shall be considered as included in the prices paid for the various items of work and no additional compensation will be allowed therefor.
2009
Section SP-10 – Mobilization
86 SECTION SP-10 – MOBLIZATION
Mobilization shall conform to the provisions in Section 9-1.16D, "Mobilization," of the State Standard Specifications and these Specifications and Section 01-71-13 of the Technical Provisions.
In general, mobilization shall consist of the work associated with obtaining permits, insurance, and bonds, and the moving onto the site of materials, supplies, restroom facilities, and equipment as required for the proper performance and completion of the work. The bid for Mobilization shall not exceed 5% of the total project cost.
MEASUREMENT AND PAYMENT
The contract lump sum price paid for Mobilization [Bid Item #100] includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in mobilizing, re-mobilizing, demobilizing, and removing temporary staging as shown on the Plans, as specified in the State Standard Specifications, these special provision Specifications, and as directed by the Engineer.
2010
Section SP-11 – Storm Water Pollution Control
87 SECTION SP-11 – STORM WATER POLLUTION CONTROL
Storm Water Pollution Control shall conform to Section 13, “Water Pollution Control Program” and Construction Site Best Management Practice (BMP) Manual of the State Standard Specifications.
The Contractor shall supply the necessary labor, material, and equipment for construction water needs throughout the contract period. Construction water includes, but is not limited to, watering for dust control, and pipe testing. The Contractor shall contact East Bay Municipal Utility District (EBMUD) for a temporary water meter to supply the project. The contractor will be responsible for any fees, or deposits associated with obtaining construction water. This section applies during working and non-working periods, including weekends.
No separate payment will be made for the purpose of controlling dust caused by Contractor and public traffic.
MEASUREMENT AND PAYMENT
The contract lump sum price for Storm Water Pollution Control [Bid Item #101] includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in the Water Pollution Control, as shown on the Plans, as specified in the State Standard Specifications and these Special Provision Specifications, and as directed by the Engineer.
2011
Section SP-12 – Temporary Traffic Control
88 SECTION SP-12 – TEMPORARY TRAFFIC CONTROL
Maintaining safe and efficient traffic flow through the work zone is a high priority for the City.
For the purpose of this section, traffic relates to cars, trucks, buses, pedestrians, and bicycles. The traffic control described in this section shall be coordinated with other City projects. The Contractor’s shall conform to Sections 7-1.03 “Public Convenience,” 7-1.04 “Public Safety” and Section 12 “Temporary Traffic Control” of the State Standard Specifications, insofar as they may apply, and these Specifications.
Traffic Control shall comply with the following:
1. No work that interferes with public traffic shall begin before 9:00 a.m. or after 4:00 p.m. from Monday through Friday. Lane closure hours are limited to between 9 a.m. and 4 p.m.
2. No work is allowed on Saturday, Sunday or Holidays.
3. During lane closure operations, a minimum of one flagman controlled and unobstructed paved traffic lane, not less than 11 feet wide, shall be open for use by public traffic.
4. The Contractor shall provide flagman and other personnel to control traffic at all times.
5. The Contractor shall prepare a detailed traffic control plan for the Engineer's advance approval; no work involving traffic control may occur until the Engineer approves the Plan.
6. All signs and other warning devices (including construction and advance warning signs placed beyond the limits of work) shall be provided and maintained by the Contractor at his or her expense, and shall remain his or her property after the completion of the contract.
7. The Contractor shall provide all flaggers at his or her expense.
8. The Contractor shall provide and maintain all necessary signs to inform the public of the work.
TRAFFIC CONTROL PLAN SUBMITTAL
The Contractor shall submit a “Traffic Control Plan” in conformance with Standard Plan, “Traffic Control System For Lane Closure on Multilane Conventional Highway”, showing the proposed exact location of signs, cone taper limits, and flashing arrow sign for review and acceptance by the Engineer. Lanes shall not be closed until the traffic control plan has been reviewed and accepted by the Engineer. Plan shall also be in compliance with the latest CA MUTCD.
Contractor shall submit a “Pedestrian Traffic Control Plan” showing pedestrian detours or diversions that complies with the latest CA MUTCD including but not limited to Chapter 6D, Chapter 6F. Section 6F.74, Chapter 6G. Section 6G.05, and Chapter 6H, Typical Application 28 and Caltrans Pedestrian Facilities Handbook downloadable from http://www.dot.ca.gov/hq/construc/safety/Temporary_Pedestrian_Facilities_Handbook.pdf.
All traffic control plans shall be prepared by a registered civil or traffic engineer, and shall provide sufficient information and details to show typical lane closures, channelizing, proposed detours, locations and usage of flagmen, typical construction zone signing, provisions for pedestrians, etc. The traffic control plan shall show in detail the proposed staging and sequencing 2012
Section SP-12 – Temporary Traffic Control
89 of the work together with the proposed traffic control system for each work task. The proposed traffic control system shall, in all respects, satisfy the requirements of these Special Provisions.
The Engineer will review the proposed traffic control plan and return it to the Contractor for any necessary revisions or corrections. The Contractor shall revise and resubmit the plan to the Engineer, and this process shall be repeated, until the proposed traffic control plan is accepted by the Engineer. The Contractor will not be permitted to perform any lane closures or implement any part of the traffic control plan until it has been accepted by the Engineer.
All weather and accessible access for pedestrians shall be provided at all times in and through the construction area. When a sidewalk, driveway or curb ramp is removed, the area shall be fenced and signage provided to direct pedestrians to an alternate ADA compliant route. Pedestrians shall be routed to temporary crossing points which shall be submitted to the Engineer for review and approval.
In locations where the sidewalk, driveway or curb ramp are removed, at the end of the work day the Contractor shall provide a temporary ADA compliant sidewalk, driveway or curb ramp fabricated from an accessible surface, including wood, asphalt or metal. A temporary access plan shall be submitted to the Engineer for review and approval 10 days prior to removal of the sidewalk, driveway or curb ramp.
No demolition work shall begin without the Engineer’s approval of the plans.
CONSTRUCTION AREA SIGNS
Once construction starts, the Contractor shall furnish and install construction area signs to inform motorists, pedestrians, and bicyclists of work in the streets and sidewalks. These signs may include, but are not limited to, “Road Construction Ahead”, “Detour Ahead”, and “Road Closed”.
Construction area signs shall be furnished, installed, maintained, and removed when no longer required in accordance with the provisions in Section 12, “Temporary Traffic Control ” of the State Standard Specifications and these Specifications. Construction area signs shall be metal, with reflective coating, black on orange, and securely mounted. Signs shall be kept clean and in good repair. The Contractor’s traffic control plan shall show the location of the signs.
The Contractor shall be responsible for providing, placing, and installing all construction area signs. The signs shall not be installed on trees, utility poles, private property, traffic signals, or any other appurtenance, unless approved by the Engineer.
NO PARKING SIGNS
The Contractor’s traffic control plans shall show the locations where on street parking is to be temporarily removed. If approved by the Engineer, the Contractor shall post "NO PARKING" signs along the street to be closed not less than 72 hours in advance of the time he or she wishes to commence operations. The time and date must be written on each sign that is posted. Signs must be posted no more than 50 feet apart along the area to be cleared of vehicles. Signs shall be removed upon completion of the work in any given area or when there will be a delay between 2013
Section SP-12 – Temporary Traffic Control
90 types of work (underground, concrete, pavement rehabilitation, etc.).
The Contractor shall notify the Engineer after posting said "NO PARKING" signs 72 hours before the prohibition is to become effective.
TRAFFIC CONTROL SYSTEM
The Contractor shall implement the traffic control system as approved by the Engineer. If warranted by field conditions, the Contractor shall adjust the system as directed by the Engineer.
The Contractor shall provide and implement all traffic handling devices and equipment as described in Sections 12-3 “Temporary Traffic Control Devices” and 12-4 “Maintaining Traffic” of the State Standard Specifications.
If any component in the traffic control system is displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair the component to its original condition or replace the component, and shall restore the component to its original location.
At the end of each workday, the Contractor shall open all streets for access and remove traffic control devices except for those providing advanced warning near work zones. Traffic control devices shall not be stored within public streets.
The Contractor shall allow traffic flow in two directions at all times providing two travel lanes of at least 11 feet each. When this is not possible, the Contractor shall provide flaggers to control traffic. The cost for flaggers is the Contractor’s responsibility.
All excavations shall be backfilled or covered with steel trench plates suitable for traffic loading, at the end of each day’s work. Trench plates shall be securely anchored in place and have temporary asphalt ramps all around. No open excavation of any depth will be permitted to remain overnight.
The Contractor shall provide access to all driveways within the work zone at all times.
TEMPORARY PEDESTRIAN ACCESS
All weather and accessible access for pedestrians shall be provided at all times in and through the construction area. When a sidewalk is removed, the area should be fenced and signage provided to direct pedestrians to an alternate route. Pedestrians shall be routed to temporary crossing points as approved by the Engineer. However, the route shall not exceed one block.
At the end of each work day, the Contractor shall make provisions to allow safe access to pedestrians through the work zone.
In locations where the sidewalk is removed and entrances to private property are obstructed, the Contractor shall provide a temporary sidewalk fabricated from wood or asphalt. The temporary sidewalk shall comply with the Americans with Disabilities Act. A temporary access plan shall be submitted to the Engineer for review and approval 10 days prior to removal of the sidewalk. 2014
Section SP-12 – Temporary Traffic Control
91 The Contractor shall provide an alternate circulation path shall be provided whenever the existing pedestrian access route in the public right-of-way is blocked by construction, alteration, maintenance, or other temporary conditions.
Where possible, the alternate circulation path shall parallel the disrupted pedestrian access route, on the same side of the street. The path shall minimize the length of detour and shall be approved by the Engineer before implementation. The alternate circulation path shall be all weather and compliant with the Americans with Disabilities Act. Where the alternate circulation path is adjacent to potentially hazardous conditions, the path shall be protected with barricades.
TEMPORARY PAVEMENT DELINEATION
When the Contractor removes striping or markings, he or she shall immediately place temporary delineation prior to opening the traveled way to public traffic.
Surfaces on which temporary pavement delineation is to be applied shall be cleaned of all dirt and loose material and shall be dry when the pavement delineation is applied. The Contractor shall perform all work necessary to establish satisfactory alignment for temporary pavement delineation.
Temporary pavement delineation that is damaged from any cause during the progress of the work shall be immediately repaired or replaced by the Contractor at their expense.
The Contractor shall not use paint on pavement that is to remain in place. In this case, the Contractor shall use Temporary Traffic Stripe and Pavement Marking Tape. Tape shall be applied to a clean dry surface and rolled slowly with a rubber tired vehicle or roller to ensure complete contact with the pavement surface in accordance with the manufacturer’s recommendations. Tape shall not be applied over existing stripes or markings. Completed stripes shall be straight on tangent alignments and shall be on a true arc on curved alignments.
Temporary pavement markers may be used to simulate the striping shown on the approved traffic control plans. The use of temporary pavement markers shall conform to the typical details for pavement markers and traffic lines shown in the State Standard Plans and as determined by the Engineer.
When no longer required for the direction of public traffic, as determined by the Engineer, the temporary traffic stripe and pavement marking tape and temporary pavement markers, applied to existing pavement, the top layer of new pavements or any other paved surface where the previously placed pavement delineation conflicts with the new traffic pattern, shall be removed and disposed of in accordance with the provisions of these Specifications, and all lines and marks used to establish the alignment for the temporary traffic stripes, pavement markings and temporary pavement markers shall be removed from the pavement.
TEMPORARY VEHICLE ACCESS
The Contractor shall provide a stable base for vehicles to travel over at the end of the workday.
This can include a class II aggregate base or cement treated base compacted adequately to support vehicle traffic without yielding. The Contractor shall apply water to control dust. The Contractor shall leave this temporary condition for the shortest period as necessary to complete the work; it shall be no more than 7 working days.
2015
Section SP-12 – Temporary Traffic Control
92 TEMPORARY PAVING
To accommodate the stage construction, the Contractor may need to install temporary asphalt paving to provide a uniform path of travel. The Contractor shall place hot mix asphalt pavement in accordance with the Section 39 “Asphalt Concrete” of the State Standard Specification as necessary to provide two lanes of travel in each direction, turn lanes, access through intersections, and accommodate any vertical transitions. In locations shown in the Plans, the Contractor shall additionally provide, place, and compact class II aggregate base to facilitate the installation of the temporary asphalt paving. When a vertical difference in excess of 1.0 inch (i.e. between new pavement and old pavement) exists either parallel or perpendicular to the vehicle’s path of travel, the Contractor shall place hot mix asphalt pavement allowing for a smooth transition to the satisfaction of the Engineer. The Contractor shall be responsible for maintaining the asphalt pavement for the duration of the project. The Contractor shall grind, remove, and dispose of the asphalt as necessary to accommodate the staging.
MEASUREMENT AND PAYMENT
The contract lump sum price for Traffic Control [Bid Item #102] includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all work involved in the traffic control, including preparation of traffic control plans, providing signs and flaggers, implementing the traffic control system, placing temporary delineation, installation of temporary paving, and removal of temporary paving, as shown on the Plans, as specified in the State Standard Specifications and these Special Provision Specifications, and as directed by the Engineer. 2016
Section SP-13 – Clearing and Grubbing
93 SECTION SP-13 – CLEARING AND GRUBBING
Clearing and Grubbing shall conform to the provisions in Section 15, “Existing Facilities” and Section 17-2, "Clearing and Grubbing," of the State Standard Specifications and these Special Provision Specifications.
The construction area shall be stripped of all vegetable growth such as logs, stumps, roots, brush, grass, weeds, and other objectionable material as indicated on the Plans. Landscape improvements shall not be removed unless indicated as to be removed on the Plans. Salvage logs as noted on landscape plans. Trees to be removed shall be chipped and used on-site for mulch. See tree protection specification section for trees to remain. Existing vegetation outside the areas to be cleared and grubbed shall be protected from injury or damage resulting from the Contractor's operations. This work includes removal of asphalt berms, concrete, and miscellaneous items within the limit of work. All stripped organic material and items to be removed shall be disposed of as indicated in SECTION SP-14 - Error! Reference source not found. of these Special Provision - Specifications.
Items that are designated to be salvaged shall be transported by the Contractor to the City’s facility located in Richmond as directed by the Engineer.
TREE DAMAGE
The attachment of wires, signs, and ropes to any retained tree is strictly prohibited. Injury to trees must be avoided.
MONITORING
A certified arborist should be retained for periodic monitoring of the project site and the health of trees. The certified arborist shall be present whenever activities that may pose a potential threat to the health of the trees.
The contractor shall submit qualifications for an arborist.
STORAGE OF MATERIALS
Construction materials (e.g., gravel, aggregate, heavy equipment) or project debris and waste material should not be placed adjacent to or against the trunks of trees. Disposing or depositing of oil, gasoline, chemicals or other harmful materials within the drip line or in drainage channels and swales is prohibited.
HEAVY EQUIPMENT
Heavy machinery should not be allowed to operate (excavation, grading, drainage and leveling) or to park within the drip line of trees unless approved by a qualified arborist.
TREE AND STUMP REMOVAL
2017
Section SP-13 – Clearing and Grubbing
94 The Contractor shall remove and dispose of trees, stumps and tree roots at the locations shown on the plans. After tree removal the Contractor shall remove the tree stump and roots to a minimum of twelve (12) inches below existing elevation. Contractor shall fill any void created by the stump removal as shown on the plans.
TREE PROTECTION FENCING
References
ANSI A 300 (Part 5) – Standard Practices for Tree, Shrub and other Woody Plant Maintenance, most current editions.
TREE PROTECTION AREA: The Tree Protection Area is defined as the extents of the tree protection fencing area on the demolition plans. Where no limit of the Tree and Plant Protection area is defined on the drawings, the limit shall be the drip line (outer edge of the branch crown) of each tree. Where trees are in close proximity, trees may be grouped within the same chain link fencing as opposed to fencing around each individual tree.
TREE PROTECTION FENCING
Tree protection fencing (TPF) shall be installed as shown on the plans and details. Prior to the start of construction, TPF should be installed around all project trees that will be retained. The TPF should be maintained during the construction process to prevent direct damage to trees and their growing environment. The TPF should be placed at a distance that is at or outside of the drip lines of trees, except where a tree is in a tree well or planter, or where the dripline extends into the work area, pedestrian walkways, or vehicle ways. Under these circumstances, installation of the TPF at the dripline would impede construction or public traffic. For these situations installation of the TPF can be adapted to the tree setting to provide the maximum allowable distance between the hardscape/work zone and the trunk. The TPF should be installed as part of the site preparation before construction activities or tree removal/trimming begins and should be installed under the supervision of a qualified arborist. The TPF should not be altered in any way that would increase the encroachment on the trees during construction activities.
PRODUCTS
Submit suppliers product data for the following products:
CHAIN LINK FENCE: Size and dimensions of chain link fence and concrete foundation shall be furnished and constructed as shown on the plans.
FENCE POLES: Size and dimensions of fence post and concrete foundation shall be furnished and constructed as shown on the plans.
GATES: Size and dimensions of fence post and concrete foundation shall be furnished and constructed as shown on the plans.
TREE PROTECTION SIGN: Heavy-duty weatherproof cardboard signs, 8.5 inches x 11 inches, white colored background with black 2 inch high or larger letters block letters. The signs shall be attached to the tree protection fence every 50 feet o.c. The tree protection sign shall read “Tree and Plant Protection Area- Keep Out”.
2018
Section SP-13 – Clearing and Grubbing
95 MULCH: see planting specification for mulch type.
PREPARATION
A. Prior to the preconstruction meeting, layout the limits of the Tree and Plant Protection Area and then alignments of required Tree and Plant Protection Fencing and root pruning. Obtain the Engineers approval of the limits of the protection area and the alignment of all fencing and root pruning.
B. Flag all trees and shrubs to be removed by wrapping orange plastic ribbon around the trunk and obtain the Engineer’s approval of all trees and shrubs to be removed prior to the start of tree and shrub removal. After approval, mark all trees and shrubs to be removed with orange paint in a band completely around the base of the tree or shrub
4.5 feet above the ground.
C. Flag all trees and shrubs to remain with white plastic ribbon tied completely around the trunk or each tree and on a prominent branch for each shrub. Obtain the Engineer’s approval of all trees and shrubs to be remain prior to the start of tree and shrub removal.
D. Prior to any construction activity at the site including utility work, grading, storage of materials, or installation of temporary construction facilities, install all tree protection fencing, tree protection signs, and Mulch as shown on the drawings.
PROTECTION
Protect the Tree and Plant Protection Area at all times from compaction of the soil; damage of any kind to trunks, bark, branches, leaves and roots of all plants; and contamination of the soil, bark or leaves with construction materials, debris, silt, fuels, oils, and any chemicals substance.
Notify the Engineer of any spills, compaction or damage and take corrective action immediately using methods approved by the Engineer.
A. The Contractor shall not engage in any construction activity within the Tree and Plant Protection Area without the approval of the Engineer including: operating, moving or storing equipment; storing supplies or materials; locating temporary facilities including trailers or portable toilets and shall not permit employees to traverse the area to access adjacent areas of the project or use the area for lunch or any other work breaks. Permitted activity, if any, within the Tree and Plant Protection Area maybe indicated on the drawings along with any required remedial activity as listed below.
B. In the event that construction activity is unavoidable within the Tree and Plant Protection Area, notify the Engineer and submit a detailed written plan of action for approval. The plan shall include: a statement detailing the reason for the activity including why other areas are not suited; a description of the proposed activity; the time period for the activity, and a list of remedial actions that will reduce the impact on the Tree and Plant Protection Area from the activity. Remedial actions shall conform to the Urban Tree Foundation Tree and Plant Protection specification. https://wwv.isaarbor.com/education/onlineresources/cad/drawings/TreeProtection/L_tree%20protecti on_D.pdf
2019
Section SP-13 – Clearing and Grubbing
96 TREE ROOT PRUNING
Tree roots often extend far beyond the canopy dripline. Excavation work within the dripline of retained trees shall be done with low impact machinery and hand tools. If roots of retained trees become exposed during construction and need to be removed to allow construction to proceed, these roots must be cut as soon as possible before end of work shift cleanly and vertically with a sharp blade. Tree roots should not be pulled or torn.
When planting within the dripline of existing trees to remain, relocate planting sites as directed by Engineer when encountering roots > 1.5”
Should tree and/or shrub pruning be required to construct the improvements shown on the plans, specified in these Special Provisions, and directed by the Engineer, pruning shall be performed by a certified arborist and in accordance with "Pruning Standards," published by the Western Chapter of the International Society of Arboriculture. The certified arborist shall be approved in advance by the Engineer, and all pruning shall be done as directed by the Engineer and in the presence of the Engineer.
If tree root pruning is necessary to construct the required improvements, the Contractor shall comply with the following requirements based on the size and location of the tree roots.
Root Location Root size Responsibility for
pruning
Outside the tree canopy Greater than or equal to 2” City Approved Certified arborist
Inside the tree canopy Less than 2” in diameter Contractor Inside the tree canopy 2” in diameter or greater City Approved Certified Arborist
All pruning to be performed by the Contractor shall be approved in advance by the Engineer and City arborist.
TREE TRIMMING
Any pruning of trees shall be performed by an approved arborist.
This project includes work on streets with mature trees adjacent to the roadway or trail. In some locations, the tree canopy may extend over the roadway or trail. It is the responsibility of the Contractor to conduct his/her operations near tree canopies such that the work accomplished without damage to trees. The Contractor may, as his/her option, trim said trees in order to facilitate his/her construction operations. Any trimming that may be required must be approved at least two (2) working days in advance by the Engineer and City arborist.
Nothing herein shall be construed as relieving the Contractor of the Contractor's responsibility for final cleanup of the Project site as provided in Section 4-1.13, "Cleaning Up," of the State Standard Specifications.
2020
Section SP-13 – Clearing and Grubbing
97 MEASUREMENT AND PAYMENT
Full compensation for doing all the work involved in tree protection, tree removal, and stump grinding contained in this section shall be considered as included in the prices paid for the various items of work and no additional compensation will be allowed therefor.
The contract unit price paid for demolition of the various items includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in the removal and disposal of the items tree protection material installation and removal, removal of all objectionable material such as debris, shrubs, trees, stumps and roots, and excavation to the required subgrade depth, all as indicated on the plans, specified in the State Standard Specifications, these special provisions, and as directed by the Engineer, and no additional compensation will be allowed.
The contract price paid per square foot for “Clearing and Grubbing” [Bid Item #200] include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved but not limited to removal and disposal of brush, trees, debris, topsoil, rubble, organic material, trash, and other debris as well complete and in place, all as indicated on the plans, specified in the Standard Specifications, these special provisions, and as directed by the Engineer, and no additional compensation will be allowed.
The contract lump sum price paid for “Demolition” [Bid Item #201] shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved but not limited in concrete removal, including saw cutting, asphalt removal, concrete removal, plug excavation, fence removal, storm drain removal, drainage structure removal, concrete masonry unit (CMU) wall removal, misc site removal required to complete work, and disposal complete and in place, all as indicated on the plans, specified in the Standard Specifications, these special provisions, and as directed by the Engineer. 2021
Section SP-14 – Disposal of Materials
98 SECTION SP-14 - DISPOSAL OF MATERIALS
The City has not made arrangements for disposal of material, which may include but is not limited to soil, concrete, asphalt, pipe, rock, and vegetation. The Contractor shall dispose of all excess and unsuitable material in a legal manner.
The City has not completed testing of soil within the project limits. The Contractor is responsible for disposing of all excess soil in a legal manner at a facility with all-weather access. The Contractor should assume all soil must be disposed in a Class II landfill. The Contractor shall be responsible for testing soil as required by the disposal site.
The Contractor shall dispose of material such as asphalt, concrete, organic, and wood in a recycling facility.
The Contractor shall be responsible for disposing asphalt containing reinforcing fabric. All other materials shall be disposed in a legal facility.
MEASUREMENT AND PAYMENT
Full compensation for furnishing all labor, materials, equipment, and incidentals for doing all the work involved in Disposal of Materials shall be considered as included in the prices paid for the various items of work unless otherwise defined in these Specifications and no additional compensation will be allowed therefor.
2022
Section SP-15 – Existing Utilities
99 SECTION SP-15 - EXISTING UTILITIES
Attention is directed to Sections 8-1.10, “Utility and Non-Highway Facilities”, and Section 15, “Existing Facilities”, of the State Standard Specifications. The scope of work of this section includes, but is not limited to, the following: removal of existing highway facilities, adjusting existing survey monuments, water valves, manholes and interconnect and monitoring well covers to grade, and protecting existing highway facilities.
The Engineer illustrates the locations of existing utilities in approximate locations in the Plans based upon record information and field review. The Contractor shall verify all horizontal and vertical locations of existing utilities and other obstructions prior to construction activities by potholing. The Contractor shall submit a log with the location of all utilities potholed to the engineer prior to excavation in an area. The contractor shall submit a log with the location of all utilities identified. If the Contractor identifies conflicts, he or she shall notify the Engineer immediately.
The Contractor shall call U.S.A. 800-227-2600 to mark the locations of all underground utilities at least forty-eight (48) hours before the intended start of excavation.
At the completion of work, the Contractor shall remove all U.S.A. painted markings by water blasting or other non-destructive method, approved by the Engineer. Sandblasting or grinding to remove markings will not be allowed.
Payment for removing U.S.A. painted markings shall be considered as included in the cost of the various items of work shown on the Bid Form Proposal and no additional compensation will be allowed therefore.
Any damage to storm drain facilities or sewer facilities due to the Contractor’s operations shall be repaired or replaced by the Contractor to the satisfaction of the Engineer at the Contractor’s expense. Any damage to gas, electric, water, telephone, or other utilities shall be repaired by the utility company at the Contractor’s expense.
The Contractor shall be responsible for coordinating with all utilities for the repair, adjustment or relocation of utility facilities.
The Contractor shall coordinate the work and cooperate with the utility companies during construction.
DELAYS
The Contractor shall receive no additional compensation for delays or inconvenience caused by utility relocations and / or adjustments. The delay caused by these relocations and/or adjustments shall not count towards the Contractors’ “working days”.
SURVEY MONUMENTS
2023
Section SP-15 – Existing Utilities
100
Existing survey monuments shall be preserved, referenced or replaced pursuant to the requirements of State of California Streets and Highways Code Sections 732.5, 1492.5 and 1810.5 and Business and Professions Code Section 8771 and the following:
1. The Contractor shall not disturb permanent survey monuments or bench marks without consent of the Engineer. The Contractor shall bear the expense of replacing any monument or bench mark that may be disturbed without permission. Replacement shall be done only with the direction of, and in the presence of, the Engineer.
2. Should the Contractor, during the course of construction, encounter a survey monument or bench mark not shown on the plans for the work, he/she shall promptly notify the Engineer, in writing, so that the monument or bench mark may be properly referenced, preserved and/or restored.
MEASUREMENT AND PAYMENT
Full compensation for furnishing all labor, materials, equipment, and incidentals for doing all the work involved in the work contained in this section shall be considered as included in the prices paid for the various items of work and no additional compensation will be allowed therefor. 2024
Section SP-16 – Preservation of Property
101
SECTION SP-16 – PRESERVATION OF PROPERTY
The Contractor’s attention is directed to Section 5-1.36 “Property and Facility Preservation” of the State Standard Specifications. Building, fences, signs, walls, headers, curbs, gutters, sidewalks, driveways, curb ramps, ,pavements, hardscape, irrigation systems, drains, utilities, and any other features which are not designated to be removed shall be protected in place. Any damage to these facilities shall be repaired by the Contractor entirely at his or her expense as directed by the Engineer.
Existing trees, shrubs, and other plants, that are not to be removed and are injured or damaged by reason of the Contractor’s operations, shall be replaced by the Contractor at his/ her cost. The minimum size of tree replacement shall be 24-inch box and the minimum size of shrub replacement shall be 15 gallons. Replacement ground cover plants shall be from flats and shall be planted 12 inches on center. The replacement specimen must be of the same species. All damaged vegetation is to be disposed of in a legal manner as required by these Specifications.
Underground irrigation systems, outside of the public right-of-way, which are damaged or removed during construction, shall be restored within 48 hours of the first destruction or removal in order to be functional. The Contractor shall be responsible for all damage to existing vegetation to remain due to lack of irrigation from broken irrigation lines. The landscaping and any other facilities shall be replaced in kind or as approved by the Engineer.
It shall be the contractor’s responsibility to ascertain the location of all utilities, including drains, manholes and monuments. The Contractor shall preserve all existing benchmarks, survey control points, reference points, and other permanent points within the project limits. Any of the aforementioned controls that are damaged will be replaced by the Contractor’s licensed Land Surveyor at no cost to the City.
Additionally, the Contractor shall institute measure to preserve and protect buildings, fences, signs, hardscape, and underground utilities located adjacent to the work area. All damaged items shall be replaced in kind or as approved by the Engineer.
REPLACEMENT OF DAMAGED SURFACES
All concrete curbs, gutters, driveways, sidewalks, curb ramps or other surfaced areas which are broken or damaged shall be reconstructed by and at the expense of the Contractor, of the same kind of material and of the same dimensions as the original work or as directed by the Engineer, with the minimum requirement that concrete as specified herein shall be used. Repairs shall be made by removing and replacing the entire portion between joints or scores and not by refinishing the damaged part.
APPEARANCE OF WORK
All work shall match the appearance of existing improvements to the satisfaction of the Engineer.
UTILITIES
The Contractor shall telephone Underground Service Alert (USA) at (800) 227-2600 or 811 a minimum of two working days prior to start of work so that underground facilities can be 2025
Section SP-16 – Preservation of Property
102
approximately located and marked on the surface by the various utilities.
The Contractor shall, prior to start of construction, excavate and pothole and determine the exact locations, both horizontally and vertically, of all utilities within the roadway in the Project area.
Any utilities that are in conflict with the proposed work shall be relocated by the respective utility companies. If any utilities are in conflict with the proposed work, the Contractor shall notify the Engineer in writing of the location and elevation of the utility line that is in conflict. The Contractor shall coordinate all work with the utility companies under the direction of the Engineer.
The Contractor will be allowed additional working days equal to the number of working days that the relocation of utilities delays his work. No compensation will be allowed for idle time of equipment during the utility relocation.
MATERIALS
Materials and quality of work shall conform to those specified by the City Standards, the State Standard Plans and Specifications, and these Specifications.
RESTORATION DUE TO CONTRACTOR’S MEANS AND METHODS
The contract documents show the least impact to existing facilities for installation of pipeline work and related appurtenances. As required by the shoring, dewatering, and/or pipe installation method as selected by the Contractor and approved by the Engineer, the Contractor shall restore existing curbs, gutters, sidewalks, and asphalt at no additional cost to the City.
MEASUREMENT AND PAYMENT
Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.
2026
Section SP-17 – Construction Staking
103
SECTION SP-17 – CONSTRUCTION STAKING
The approved plans provide sufficient information for a qualified surveyor to lay out the project.
The Contractor shall provide all construction staking and surveying. All working stakes shall be established by a licensed Land Surveyor or a registered Civil Engineer authorized to practice land surveying pursuant to Section 8725 of the Business and Professions Code of California. The Contractor shall be held responsible for the correctness of such working stakes. The Contractor shall furnish the City Engineer legible notes ten (10) calendar days prior to the Contractor starting work in the area staked. The notes shall show the location of the working stakes in relation to the construction centerline or reference line, and all calculations used to reach the results of information written on the working stake marker. The location of the working stakes shall conform to the latest edition of the Caltrans Surveys Manual as shown in Chapter 12.
The Contractor shall provide a qualified “Grade Setter” to check horizontal and vertical alignment of all improvements in progress so that improvements will be built to conform to the lines, widths, and grades on the approved plans or any change order issued by the Engineer. The Contractor shall make available the “Grade Setter” to work with the City’s Inspector on checking or verifying all grade stakes, blue tops, form work, etc., when requested by the Inspector. The “Grade Setter” shall provide all necessary equipment and tools to perform this work.
Since this is a Lump Sum Bid Item, the Contractor is responsible for any and all re-staking expenses. The only exception is if there is found to be an error in the approved plans. All additional cost considerations will be included as part of any Change Order.
The Contractor shall preserve all existing benchmarks, survey control points, reference points, and other permanent points within the project limits. Unless noted in the plans, any survey control damaged by the Contractor shall be replaced by the Contractor’s licensed Land Surveyor at no cost to the Engineer.
In addition to the survey work required for establishing “…the lines, widths, and grades on the approved plans (etc)”, the Contractor shall engage the services of a licensed land surveyor to fully comply with §8771(b) of the Land Surveyors’ Act. This work consists of locating and referencing any/all survey monument(s) that might be “destroyed, damaged, covered, or otherwise obliterated” during the prosecution of this contract. All known reference points are shown in the Plans.
Thereafter, the Contractor’s surveyor shall prepare, submit, and file for pre-construction and postconstruction Corner Records as required.
MEASUREMENT AND PAYMENT
Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor.
2027
Section SP-18 – Dewatering
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SECTION SP-18 - DEWATERING
The contractor shall be solely responsible for dewatering excavations and subsequent control of creek flow and ground water.
Contractor shall provide and maintain the creek bypasses and dewatering, silt fences, straw waddles or other equipment as may be necessary to control the creek flow, ground water and seepage, in accordance with the requirements of the Fish and Wildlife permit, the Corps of Engineer permit and geotechnical report and to the satisfaction of the Engineer.
SUBMITTAL
1. Creek Bypass and Dewatering Plan
DEWATERING PLAN
The contractor shall provide a detailed Creek Bypass and Dewatering Plan designed by a Licensed Civil Engineer. The creek bypass and dewatering plan shall be in accordance with the requirements of the California Department of Fish and Wildlife permit, the US Army Corps of Engineer permit, the Regional Water Quality Control Board Permit, and the WPCP.
A sample creek bypass plan is shown on the plans for the Contractor’s consideration of a possible option for bypassing the existing creek flows. The Contractor shall modify as necessary to do his work.
If pumping is used, the contractor shall, at all times have sufficient pumping equipment available for immediate use including standby pumps for use in case other pumps become inoperable.
Water shall be disposed of so as to be compliant with the law, and so it does not cause injury to public or private property or be a menace to the public health.
The Contractor’s dewatering system shall be designed to prevent fines from the disturbing materials exposed at the excavation bottom. Attention is directed to other related sections in the specifications.
Disposal of water through dewatering operations shall conform to the requirements of the Contract Documents and State and Federal Law.
MEASUREMENT AND PAYMENTS
The contract lump sum price paid for Dewatering [Bid Item #202] shall include but not limited to full compensation for furnishing all labor, materials, tools, equipment, performing all operations and incidentals, and for doing all worked involved in dewatering the work site, complete in place, including cofferdams, plastic sheeting, sandbags, temporary culverts, and dewatering plan, as shown on the plans as specified in the St
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Section SP-18 – Dewatering
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andard Specifications and these Special provisions, and as directed by the Engineer. 2029
Section SP-19 – Sawcut Existing Pavement
106
SECTION SP-19 – SAWCUT EXISTING PAVEMENT
The Contractor shall saw cut asphalt where required and as shown on the plans. Saw cutting shall be vertical and neatly edged and all the way through pavement to the sub grade. The sawing method shall consist of cutting a groove through the pavement with a power driven concrete saw or equivalent. The Contractor shall provide a vacuum to remove water and debris during the saw cutting process.
MEASUREMENT AND PAYMENT
Full compensation for furnishing all labor, materials, equipment, and incidentals for doing all the work involved in the work contained in this section shall be considered as included in the prices paid for the various items of work and no additional compensation will be allowed therefor. 2030
Section SP-20 – Remove Asphalt Concrete Pavement
107
SECTION SP-20 – REMOVE ASPHALT CONCRETE PAVEMENT
This work consists of removing and disposing existing asphalt concrete (AC) pavement to full depth in the locations shown on the Plans, described in these special provisions, and directed by the Engineer. This work pertains to existing street and trail asphalt removal.
The Contractor shall assume the asphalt in the roadway may be up to 12 inches thick. The Contractor may remove the asphalt using traditional excavation equipment. Where thinner sections of asphalt concrete are discovered, the Contractor shall remove any aggregate base and subgrade as necessary for the required depth of the proposed section per the Earthwork Section of these Special Provisions.
The Contractor shall saw cut the pavement at all edges to be joined. Asphalt Concrete that has been removed shall be disposed of outside the project in a legal manner unless otherwise directed by the Engineer.
The Contractor shall assume pavement fabric is present in the existing section. The contractor is responsible for removing and disposing of pavement fabric.
ASPHALT PLUG
The Contractor shall remove asphalt and base material as necessary to install the asphalt plug and complete the various concrete improvements. The contract price for asphalt and base removal shall be included in the price for the various concrete items of work.
MEASUREMENT AND PAYMENT
Full compensation for furnishing all labor, materials, equipment, and incidentals for doing all the work involved in the work contained in this section shall be considered as included in the prices paid for the various items of work and no additional compensation will be allowed therefor. 2031
Section SP-21 – Remove of Existing Concrete Curb and Gutter, Sidewalk, and Miscellaneous Concrete
108
SECTION SP-21 – REMOVE OF EXISTING CONCRETE CURB AND GUTTER,
SIDEWALK, AND MISCELLANEOUS CONCRETE
This work shall consist of removal of existing concrete curb and gutter, sidewalks, and miscellaneous concrete as on the plans and disposal of the concrete materials in accordance with the requirements specified in these special provision specifications. Removing concrete shall conform to the provisions in Section 15-1.03B “Removing Concrete” of the State Standard Specifications and these Special Provision Specifications.
The Contractor shall protect from damage all existing improvements, drainage facilities, sanitary sewer facilities, water facilities, traffic signal facilities, landscaped areas, trees and shrubbery that are not required to be removed during construction. Any existing improvements, drainage facilities, sanitary sewage facilities, water facilities, traffic signal facilities, landscaped areas, etc., damaged as a result of the Contractor’s construction activities shall be replaced by the Contractor at no cost to the City.
The Contractor shall remove any under drains located in the concrete sidewalk. No separate payment will be made.
When removing existing concrete curb and gutter, valley gutter, sidewalks, curb ramps, and driveways, the existing concrete shall be sawcut to a neat straight line at the limits of removal (nearest score line for curb and gutter, and sidewalks) as marked in the field. Any damages to the adjoining improvements proposed to remain shall be repaired by the Contractor to the satisfaction of the Engineer at no cost to the City.
MEASUREMENT AND PAYMENT
The contract lump sum price paid for “Curbs, Gutters, Sidewalks, Miscellaneous Concrete and AC” [Bid Item #304] shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in but not limited to curb & gutter, sidewalks, asphalt concrete including minor concrete, hot mix asphalt (HMA), doweling and epoxy, concrete curing compound, class 2 aggregate under pavements, and disposal complete and in place, all as indicated on the plans, specified in the Standard Specifications, these special provisions, and as directed by the Engineer, and no additional compensation will be allowed. 2032
Section SP-22 – Earthwork
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SECTION SP-22 – EARTHWORK
This work shall be performed in accordance with Section 19, “Earthwork,” of the State Standard Specifications, these Special Provision Specifications and as directed by the Engineer. After clearing and grubbing, removal of the existing asphalt pavement, and/or concrete in the locations shown in the Plans, the Contractor shall excavate aggregate base, native materials, or other substances of whatever nature to the required subgrade depth as shown on the Plans or as directed by the Engineer.
The Contractor shall complete earthwork including excavation, hauling, embankment, compaction, and fine grading of soil to establish the elevations as shown in the Plans. The following definitions apply to this section:
A. Borrow: Approved soil material for use as Structural Fill or Structural Backfill. This material shall have a Plasticity Index equal to 12 or less, be primarily granular and have less than 30% passing the #200 sieve.
B. Excavation: Removal of material encountered above subgrade elevations.
1. Authorized Over-Excavation: Excavation below subgrade elevations or beyond indicated horizontal dimensions as shown on Plans or authorized by the Engineer.
2. Unauthorized Over-Excavation: Excavation below subgrade elevations or beyond indicated horizontal dimensions without authorization by the Engineer. The Engineer will not pay for unauthorized excavation.
C. Subgrade: Surface or elevation remaining after completing excavation, or top surface of a fill or backfill immediately below subbase, base or topsoil materials.
D. Unsuitable Material: Any soil material that is not suitable for a specific use on the Project.
The Engineer will determine if a soil material is unsuitable.
The Contractor shall:
A. Protect open excavations with fences, covers and railings to maintain safe pedestrian and vehicular traffic passage.
B. Prevent erosion of freshly graded areas during construction and until such time as permanent drainage and erosion control measures have been installed.
C. Temporarily stockpile fill material in an orderly and safe manner and in a location approved by the Engineer.
D. Provide dust and noise control in conformance to SECTION SP-11 – STORM WATER POLLUTION CONTROL of these Special Provision Specifications.
E. Do not enter environmental sensitive areas as directed by the Engineer. Protect these areas from soil or sediment resulting from grading operations.
Perform excavation, filling, compaction and related earthwork under the observation of the Engineer. Materials placed without approval of the Engineer will be presumed to be defective and, at the discretion of the Engineer, shall be removed and replaced at no cost to the City. Notify the Engineer at least 24-hours prior to commencement of earthwork and at least 48 hours prior to testing.
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The Engineer will perform observations and tests required to enable him or her to form an opinion of the acceptability of the Project earthwork. The Contractor shall correct earthwork that, in the opinion of the Engineer, does not meet the requirements of these Special Provision Specifications.
Promptly notify the Engineer of surface or subsurface conditions differing from those disclosed in the Plans or these Special Provision Specifications. First notify the Engineer verbally to permit verification and extent of condition and then in writing. The City will not allow a claim for conditions differing from those anticipated in the Contract Documents unless the Contractor has notified the Engineer in writing of differing conditions prior to the Contractor starting work on affected items.
Excavation shall be accomplished with properly selected equipment, which has been approved by the Engineer and in such manner that the stability of the subgrade is maintained to the greatest extent possible and to prevent damage to underground utilities. The prepared subgrade shall not be permitted to dry and/or crack prior to placement of the next covering layer.
All excess soil shall become the property of the Contractor and shall be disposed of as indicated in the Section SP-14 - Disposal of Materials of these Special Provision Specifications.
MEASUREMENT AND PAYMENT
Full compensation for conforming to the requirements of this Section shall be considered as included in the prices paid for the various items of work related to other roadway work and no separate payment will be made therefore.
2034
Section SP-23 – Excavation
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SECTION SP-23 – EXCAVATION
This work shall consist of the excavation of Channel Excavation, Culvert Excavation, Pipe Excavation as shown on the plans and other excavation related work. This work shall be performed in accordance with Section 19, “Earthwork,” of the State Standard Specifications, these Special Provisions Specifications and as directed by the Engineer. After removal of the existing asphalt pavement, the Contractor shall excavate aggregate base, native materials, or other substances of whatever nature to the required subgrade depth as shown on the Plans or as directed by the Engineer.
Excavation shall be accomplished with properly selected equipment which has been approved by the Engineer and in such manner that the stability of the subgrade is maintained to the greatest extent possible and to prevent damage to underground utilities. The prepared subgrade shall not be permitted to dry and/or crack prior to placement of the next covering layer.
All surplus and/or unsatisfactory excavated material shall be disposed of outside the roadway right of way in accordance with Error! Reference source not found. - Error! Reference source not found. of these Special Provisions Specifications.
Following the removal of the materials to the selected depth, the subgrade soils shall be scarified as specified in SECTION SP-24 SCARIFICATION AND COMPACTION OF NATIVE SOIL in these special provisions specification. The final subgrade shall be prepared in accordance with Section 19-1.03C, “Grade Tolerance” of the State Standard Specifications.
The road surface to remain in place shall not be damaged in any way. Care shall be exercised to avoid damage to manholes and other covers (whether shown or not shown on the plans) and adjacent gutters. Utilities and underground pipelines, which are to remain in place shall be worked around and protected from damage or interruption of service. All improvements damaged by construction shall be replaced at the Contractor’s expense. It shall be the contractor’s responsibility to ascertain the location of all utilities, including utility boxes, valve boxes, signal and lighting boxes, manholes and monuments.
Footings which may be affected by any excavation shall be underpinned or otherwise protected against settlement and shall be protected against lateral movement. Fills or other surcharge loads shall not be placed adjacent to any buildings or structures.
The Contractor shall provide no less than 48 hours’ notice to the Engineer, in writing of the need for compaction testing of the subgrade.
MEASUREMENT AND PAYMENT
Full compensation for conforming to the requirements of this Section shall be considered as included in the prices paid for the various items of work related to other roadway work and no separate payment will be made therefore.
The contract price cubic yard paid for “Channel Excavation” [Bid Item #300] shall include full 2035
Section SP-23 – Excavation
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compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved but not limited in earthwork excavation of the channel, construction staking and removal and offhaul of dirt as indicated on the plans, specified in the Standard Specifications, these special provisions, and as directed by the Engineer, and no additional compensation will be allowed.
The contract price cubic yard paid for “Culvert Excavation” [Bid Item #301] shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved but not limited in earthwork excavation from within the interior of the Fordham culvert, including removal and offhaul of dirt associated with this work as indicated on the plans, specified in the Standard Specifications, these special provisions, and as directed by the Engineer, and no additional compensation will be allowed.
2036
Section SP-24 – Scarification and Compaction
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SECTION SP-24 – SCARIFICATION AND COMPACTION
This work shall consist of the scarification and compaction of native soil underneath the new asphalt and concrete pavement sections as shown on the plans.
Upon excavation to subgrade depth in locations to receive new asphalt or concrete pavement, the soil shall be scarified to a minimum depth of 6 inches, moisture conditioned to within 2 to 5 percentage points above optimum moisture content, and compacted to a minimum relative compaction of 90 percent relative compaction to the maximum dry density as determined in the laboratory according to ASTM D1557.
The Contractor shall protect from damage all existing improvements, drainage facilities, sanitary sewer facilities, water facilities, traffic signal facilities, landscaped areas, trees and shrubbery that are not required to be removed during construction. Any existing improvements, drainage facilities, sanitary sewer facilities, water facilities, traffic signal facilities, landscaped areas, etc., damaged as a result of the Contractor’s construction activities shall be replaced by the Contractor at no cost to the City.
Shallow utilities may be located within the scarification area. The contractor shall identify these utilities and protect during scarification.
It is the Contractor’s responsibility to plan the preparation of the subgrade with respect to weather conditions. If poor weather creates excessive moisture in the subgrade or the inability to meet minimum compaction standards, the Contractor shall implement alternative methods as approved by the Engineer to continue subgrade preparation in accordance with these Plans and Special Provision Specifications.
MEASUREMENT AND PAYMENT
Full compensation for conforming to the requirements of this Section shall be considered as included in the prices paid for the various contract items of work related to other roadway work and no separate payment will be made therefore.
2037
Section SP-25 – Aggregate Base
114
SECTION SP-25 – AGGREGATE BASE
Aggregate bases shall conform to Section 26, "Aggregate Bases" of the State Standard Specifications and these Special Provision Specifications.
All aggregate base used for the project shall be Class 2. The grading shall be 3/4 inch maximum size aggregate. Aggregate base may include or consist of material processed from recycled asphalt concrete, portland cement concrete, lean concrete base, cement treated base, or a combination of any of these materials.
The use of 100% recycled aggregate base is allowed with the following conditions:
A. Shall conform to Section 26, “Aggregate Bases,” of the State Standard Specifications B. Use only within the roadway structural section
C. 5% maximum asphalt concrete
D. No glass
E. No organic materials
The following defines the difference between recycled and reclaimed:
Recycled – developed through the recycling plant and is re-blended to conform with Section 26 requirements of the State Standard Specifications
Reclaimed – taken from one site, stockpiled, and re-used on another site and does not go through the plant and is not re-blended
The use of reclaimed asphalt is not allowed on this project. All reclaimed material must be reprocessed through a crushing and screening plant.
If the Contractor intends to use recycled Class 2 aggregate base, he or she must provide independent laboratory testing showing that the proposed material conforms to the Class 2 material as defined in Section 26 of the State Standard Specifications. The results must additionally include the data necessary to calibrate field compaction testing equipment to evaluate the material placed in reference with ASTM D1557. The Contractor shall supply testing results as necessary to the satisfaction of the Engineer.
In addition to R-value and durability index testing, the aggregate shall conform to the following additional quality requirement:
Test Calif. Test Method No. Requirement
Loss in Los Angeles Rattler
(after 500 revolutions)
211 50% Maximum
MEASUREMENT AND PAYMENT
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Section SP-25 – Aggregate Base
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Full compensation for conforming to the requirements of this Section and for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in furnishing and compacting the aggregate base as shown on the Plans, and as specified in the State Standard Specifications and these Special Provision Specifications shall be considered as included in the prices paid for the various items of work related to other roadway work and no separate payment will be made therefore.
Aggregate Base shall be placed for all new Curbs, Gutters, Sidewalks, Miscellaneous Concrete and AC identified on the plans, and shall be included in the contract price paid for “Curbs, Gutters, Sidewalks, Miscellaneous Concrete and AC”, and no additional compensation will be allowed therefor.
Aggregate Base shall be placed for all new Storm Drain Pipe installation identified on the plans, and shall be included in the contract price paid for “18-inch Storm Drain” and 24-inch Storm Drain”, and no additional compensation will be allowed therefor. 2039
Section SP-26 – Asphalt Concrete Pavement
116
SECTION SP-26 – ASPHALT CONCRETE PAVEMENT
Hot mix asphalt used shall conform to the provisions of in Section 39, "Asphalt Concrete," of the State Standard Specifications and these Special Provisions Specifications.
Materials used include:
1. Asphalt Concrete for the surface course shall be ½” Type A for a minimum of 2” in roadway areas.
2. Asphalt Concrete for the surface course shall be ½” Type A for all trail areas.
3. Asphalt Concrete for the base course (below 2” from final grade) shall be ¾” Type A. a. All ¾”asphalt concrete shall be placed in 3” minimum and 4” maximum lifts.
4. The asphalt concrete binder shall be PG 64-10.
5. Tack coat shall be utilized and will be emulsified asphalt Grade RS-1, RS-1h, SS-1, or SS-1h and shall conform to Section 94, ‘Asphaltic Emulsions’, of the Standard Specifications.
The Contractor shall use the Standard HMA construction process.
The Contractor shall provide a Job Mix Formula as detailed in Section 39-2 “Hot Mix Asphalt” of the State Standard Specifications.
The quality control measures for the asphalt concrete shall be as outlined in Section 39-2 “Hot Mix Asphalt” of the State Standard Specifications.
The Contractor shall schedule his or her paving operations such that the entire asphalt layer is placed at the completion of the workday leaving no exposed joints. All paving joints shall be on lane lines only.
The final lift of asphalt concrete for the roadway section (the top 2-inches) shall be placed in one continuous operation over the entire street with the adjacent 2-inch Asphalt Overlay section The quantity for the top 2-inch lift is included in the total quantity for Asphalt Overlay. The asphalt quantity for any additional depth below the 2-inch lift shall be considered as part of the bid item for Asphalt Concrete – Roadway.
The Contractor shall not perform paving operations when the weather is rainy or foggy. It shall be the Contractor's responsibility, based on weather predictions, to schedule his paving operations to avoid paving in the rain or fog. If the day's operations are canceled because of predicted rain or fog, a non-working day will be allowed regardless of actual working conditions.
Asphalt concrete shall not be placed on any surface, which contains ponded water or excessive moisture in the opinion of the Engineer.
If paving operations are in progress and rain or fog forces a shutdown, loaded trucks shall return to the plant and no compensation will be allowed therefor. 2040
Section SP-26 – Asphalt Concrete Pavement
117
The Contractor shall furnish and use canvas tarpaulins to cover all loads of asphalt concrete from the time that the mixture is loaded until it is discharged from the delivery vehicle, unless otherwise directed in writing by the Engineer.
Severely cracked or uneven pavements and as directed by the Engineer, shall receive a leveling course. The Contractor shall apply a tack coat emulsion with a Minimum Residual Rate (gallons per square yard) similar to that of a planed pavement surface (0.05 minimum). If, in the opinion of the Engineer, the pavement appears too dry after applying tack coat, another application of tack coat shall be applied by the Contractor.
No traffic shall be allowed on the asphalt tack coat with the exception of vehicles unloading asphalt concrete. All vehicles involved with the Contractor's operations shall turn around within the road right-of-way. Driveways and other private property shall not be used without prior written consent of the involved property owner, a dated copy of which shall be delivered to the Engineer prior to the use thereof.
The area to which the tack coat has been applied shall be closed to public traffic. Care shall be taken to avoid tracking the asphaltic emulsion material onto existing pavement surfaces beyond the limits of construction.
All asphalt concrete spillage and/or tracking of tack coat (asphaltic emulsion) or other materials on public streets, driveways and gutters shall be removed or cleared within 48 hours of the hot mix asphalt placement. If existing striping is marked by emulsion or other materials, it shall be repainted/restored. Alternatively, existing striping may be protected by a method approved by the Engineer.
Conform cuts between existing pavement and newly constructed pavement shall be made by cutting the existing pavement to a neat, smooth line at the limit lines and constructing a vertical-face butt joint.
Batch data and load slips shall be presented to the Engineer as asphalt is delivered to the project site.
Failure to do so may result in non-payment for questionable quantities or rejection of the load.
ASPHALT TAPERS
The Contractor shall place hot mix asphalt tapers as described in this section at all vertical surfaces open to traffic (i.e. driveways and conform limits) and at roadway utility structures. The contract price for temporary asphalt tapers shall be included in the cost for Traffic Control Work.
Full compensation for conforming to the requirements of this Section and for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in furnishing and compacting the aggregate base as shown on the Plans, and as specified in the State Standard Specifications and these Special Provision Specifications shall be considered as included in the prices paid for the various items of work related to other roadway work and no separate payment will be made therefore.
2041
Section SP-26 – Asphalt Concrete Pavement
118
ASPHALT PLUGS
The Contractor shall replace asphalt as necessary to complete the concrete improvements. The Contractor shall place hot mix asphalt as described in this section to a depth of at least 6 inches as shown on the plans. The contract price for asphalt plugs shall be included in the cost for the various concrete items of work.
MEASUREMENT AND PAYMENT
Full compensation for conforming to the requirements of this Section and for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in furnishing and compacting the aggregate base as shown on the Plans, and as specified in the State Standard Specifications and these Special Provision Specifications shall be considered as included in the prices paid for the various items of work related to other roadway work and no separate payment will be made therefore.
2042
Section SP-27 – Concrete Improvements
119
SECTION SP-27 – CONCRETE IMPROVEMENTS
Work covered by this section includes removal and replacement of concrete curb, gutter, sidewalk, and miscellaneous concrete improvements, as well as concrete for inlet and storm drain pipe construction as shown on the plans and as described in these Specifications.
Concrete to be removed and replaced shall be removed and replaced to the nearest existing score joint or expansion joint, unless otherwise shown in the drawings or directed by the Engineer.
Concrete shall conform to the provisions in Section 73 “Concrete Curbs and Sidewalks” of the State Standard Specifications, unless otherwise specified.
Class 2 aggregate base shall conform to the requirements specified elsewhere in these Special Provisions.
The Contractor shall submit reports of tentative concrete mix design and testing including:
1. Slump on which the design is based.
2. Total gal of water per cu yd.
3. Brand, type composition, and quantity of cement.
4. Brand, type, composition, and quantity of fly ash.
5. Specific gravity and gradation of each aggregate.
6. Ratio of fine to total aggregates.
7. Surface-dry weight of each aggregate per cu yd.
8. Brand, type, ASTM designation, active chemical ingredients and quantity of each admixture.
9. Air content.
10. Compressive strength based on 7 day and 28 day compression tests.
11. Time of initial set. Submit suppliers certified fly ash test reports for each shipment delivered to concrete supplier.
1. Physical and chemical characteristics.
2. Certification of compliance with the specifications.
3. Signed by Contractor and concrete supplier.
Concrete Mix Designs Shall Comply with ASTM C94. The Contractor shall be responsible for all costs associated with the required mix design.
QUALITY CONTROL / ACCEPTANCE TESTING
Field testing shall include testing for concrete slump as per ASTM C-143 and compressive strength (C39). Such testing shall be at a frequency determined by the Engineer and shall be performed by the Owner’s laboratory at the Owner’s expense. The Contractor shall furnish the concrete necessary for casting test cylinders.
MATERIALS
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Reinforcing steel:
Reinforcing steel shall conform to the following:
1. Bars: ASTM A615, Grade 60.
2. Welded wire fabric: ASTM A185 or A497.
3. Bar supports: PS7; CRSI Class B or E, fabricated from galvanized wire or having stainless steel legs.
Concrete for Storm Drain Inlet Construction:
Unless otherwise specified, concrete mix designs for manhole and rodding inlet construction shall have a minimum 28-day compressive strength of 4,000 psi, a maximum aggregate size of
1.0 inch, a minimum of six sacks of cement per cubic yard, maximum water to cement ratio of
0.45 by weight, and slump between 3-5 inches. Air entrainment shall be 4.0 ±1.0 percent.
Minor Concrete for Curbs, Sidewalks and Miscellaneous Concrete:
Portland cement concrete used for all concrete structures shall be 6 sack mix using 1” maximum size aggregate, 5” maximum slump and 2,500 PSI minimum. All non-colored concrete shall have 1 pound of lamp black added to the mix, during mixing, for every cubic yard of concrete.
Additional cement is permitted to obtain high early strength in concrete except that total cement shall not exceed 700 pounds of cement per cubic yard unless otherwise approved by the City Engineer
The Contractor shall coordinate items of other trades to be furnished and set in place. Such locations of their work as in all or in part embedded, built-in, attached to, or supported by the work shall be executed by them in ample time that progress of the work is not delayed. Any cutting or patching made necessary to comply with this injunction shall be done at the Contractor expenses. The Contractor shall be responsible for the proper installation of all accessories in the paver section and for the provision of holes, sleeves, openings, etc., necessary to the execution of the work of the trades.
INSTALLATION
The reconstruction and new installation of concrete curb, gutter, sidewalk, and miscellaneous concrete in the field or shown on the plans shall conform to the provisions in Section 73 "Concrete Curbs and Sidewalks" of the State Standard Specifications, the Contra Costa County Standard Details and these special provisions.
Boundaries of concrete curb, gutter, sidewalk, and miscellaneous concrete removal are shown approximately on the plans. The Contractor shall remove and replace concrete to the nearest score joint or expansion joint, unless otherwise directed by the Engineer. Expansion joints, control joints and scoring shall match adjacent existing improvements or shall be as directed by the Engineer. The new improvements shall match the existing improvements at each end.
Provide constant slope between ends if no other elevations are shown on the plans. Installation shall conform to the State Standard Specifications and the details shown in the Plans and herein in these special provisions.
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A 12 inch wide strip of asphalt pavement shall be neatly sawcut and removed at the lip of gutter of the proposed curb and gutter to allow room for formwork. After the formwork is removed, the area shall be repaved with a 6 inch deep lift of asphalt concrete.
Restoration and modification of traffic signal post bases shall adhere to the requirements of the Standard Specifications and the Drawings.
MEASUREMENT AND PAYMENT
The contract lump sum price paid for “Curbs, Gutters, Sidewalks, Miscellaneous Concrete and AC” [Bid Item #304] shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in but not limited to curb & gutter, sidewalks, asphalt concrete including minor concrete, hot mix asphalt (HMA), doweling and epoxy, concrete curing compound, class 2 aggregate under pavements, and disposal complete and in place, all as indicated on the plans, specified in the Standard Specifications, these special provisions, and as directed by the Engineer, and no additional compensation will be allowed. 2045
Section SP-28 – Storm Drain Pipe
122
SECTION SP-28 - STORM DRAIN PIPE
GENERAL
Storm drain pipe installation shall be in accordance with Section 64 “Plastic Pipe” of the State Standard Specifications and these Special Provisions Specifications. Storm drain pipe shall conform to AASHTO M294 Type S ASTM F2306 and ASTM F2648 for High-Density Polyethylene (HDPE) gravity storm drain pipes, dual wall with smooth interiors, and water tight joint connections and fittings, and PVC pipe shall conform to ASTM D 3034 SDR26 as shown on the plans
THE REQUIREMENT
A. The Contractor shall furnish all labor, materials, tools, and equipment necessary to clean, perform acceptance testing, and provide for televising of completed storm drain pipelines.
B. The Contractor shall notify the Inspector at least one (1) business day prior to any cleaning or testing work. All final testing and cleaning of storm drain lines shall be done in the presence of the Inspector.
C. The Contractor shall complete cleaning and testing of storm drain lines as required in this Section prior to requesting television inspection.
D. If deficiencies are identified during testing, the Contractor shall re-test after the deficiencies have been corrected.
EXECUTION
A. The Contractor shall clean pipelines by balling and flushing or Hydroflushing prior to deflection and pressure testing.
B. The Contractor shall perform deflection and pressure tests after submittal of compaction reports demonstrating compliance with the backfill compaction requirements included in these special provisions, and before acceptance television inspections.
C. Work shall meet or exceed the requirements of these Specifications unless applicable requirements of an agency having jurisdiction (including the terms and conditions of an encroachment permit issued by a city or county) are greater, in which case the greater requirements shall govern.
Compaction of bedding, haunching, and initial backfill shall extend to the trench wall. Adequate and uniform support shall be provided under the pipe to avoid differential settlement and suitable excavation shall be made to receive the bell end of the pipe. All adjustment to line and grade shall be made by scraping away or filling in with sand, gravel, or granular material under the body of the pipe, and not by wedging or blocking.
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The Contractor shall be responsible for all clearing and grubbing required to accommodate construction operations, but not be limited to, the removal from the area of work all weeds, debris, vegetation, and all other items conflicting with the work as shown on the Plans, as necessary, or as directed by the Engineer.
All pipe shall be laid with bell end "upgrade", unless otherwise permitted by the Engineer.
All storm drain laterals shall have a minimum cover of 12" from the top of the pipe to the bottom of the asphalt pavement section. In cases where this does not exist, the pipe shall be encased in concrete.
Pipe deflection shall be in accordance with the manufacturer's recommendations.
Relative compaction of not less than 95 percent shall be obtained in all trenches within the paved portion of the right-of-way for a minimum depth of 2.5 feet below finished grade.
Connection of piping into existing storm drainage structures shall be completed with minimal damage to the existing structures. The opening made in the unit shall be the minimum size necessary to insert the required drainage piping. The gap between the new pipe and the existing structures shall be filled with grout. The grout shall be formed inside the structure to create a smooth transition between the pipe and the structure.
Connection of new drainage structures with existing storm drainage piping shall be completed with minimal damage to the existing piping. The piping shall be neatly cut and grouted into place in the new structure.
CLEANING
A. After all work on the pipeline installation has been completed to the satisfaction of City of Richmond, including all structure channeling, the Contractor shall clean the pipe in the presence of the Inspector.
B. The Contractor shall clean all new main, and such site collector and side storm system installations deemed necessary by the Inspector, with a cleaning ball or device in accordance with the device manufacturer's instructions or recommendations and flushed. Hydroflush pressure must be maintained below two thousand (2,000) psi. Traps with screens in accordance with industry standards shall be used to trap debris. The Contractor shall remove all debris from the manhole prior to removing the trap.
C. Release of water during and/or after cleaning and testing has been completed, shall be performed in a manner approved by the Inspector. The Contractor shall be responsible for the proper disposal of water released.
D. The Contractor shall perform an additional cleaning of the pipeline after the installation of final paving, top block, frames and covers, and after all other required inspections, prior to acceptance, if required by the Inspector due to a reasonable determination that additional debris may have accumulated in the pipeline after initial cleaning. 2047
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DEFLECTION TESTING
PVC and HDPE pipe (8) eight inches in diameter or larger shall be tested for deflection, joint displacement, or other obstruction by passing a rigid mandrel through the pipe. Deflection shall be tested after submittal of daily compaction reports demonstrating compliance with, but prior to, permanent resurfacing. The mandrel shall be a full 97 circle, rigid, non-adjustable, an oddnumbered leg (9 leg minimum), approved by the Engineer as to design and manufacturer. Mandrel size shall meet the minimum requirements set forth in ASTM D 3034 and ASTM F 679. The circular cross section of the mandrel shall have a diameter of at least ninety five percent (95%) of the specified average inside diameter of the pipe and the minimum length of the circular portion of the mandrel shall be equal to the nominal diameter of the pipe. Where obstructions and excessive deflection encountered by the mandrel, the Contractor shall remove, replace and retest the deficient section. Rerounding will not be allowed.
PIPELINE LEAKAGE TEST
A. Repaired Pipelines shall be Re-Tested as Follows:
1. For gravity storm drain line the Contractor shall conduct a low-pressure air test or a water pressure test. Storm drain lines seventeen (17) inches or greater in diameter shall not be tested with air.
B. Air Pressure Test
1. Each section of storm drain be tested between successive structures by plugging and bracing all openings in the storm drain lines. If any leaks are found, the air pressure shall be released, the leaks eliminated, and the test procedure started over again.
2. Air tests shall be conducted in accordance with the following procedure and the details per City of Richmond Standard Drawings. All necessary test equipment shall be in proper working order and tests shall be made in the presence of the Inspector. Test plugs shall be carefully placed at each end of the section of line to be tested. When all necessary test equipment is in place, a compressed air supply shall be attached to the air fitting on the test equipment and the air pressure within the line increased to four (4) pounds per square inch (psi). After the air supply is securely turned off or disconnected, there shall be a two (2) minute waiting period to allow stabilization of air within the storm drain line before the actual test period begins. In no case shall the air pressure within the line be less than three and one- half (3-1/2) pounds per square inch at the beginning of the test period. The allowable air pressure loss shall not exceed one (1) pound per square inch. When testing storm drain lines up to and including sixteen (16) inches in diameter, refer to City Standard Drawings for the length of the test period. After completion of a test, the air pressure shall be released slowly through the valve, which is incorporated in the test equipment. Air test plugs shall not be removed until the air pressure is no longer measurable.
C. New storm drain lines larger than seventeen (17) inches in diameter shall be hydrostatically tested in accordance with the following procedure:
1. After installation, all new storm drain pipelines shall be thoroughly cleaned prior to pressure testing. A section of storm drain line shall be prepared for testing between two structures by plugging the inlet side of the upstream of the structure and the downstream 2048
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opening of the pipe. All plugs shall be properly braced against the structure wall to withstand the forces of the test in order to prevent loss in the event of a failure.
2. A section of the storm drain line prepared as above shall be tested by filling it with water to an elevation five (5) feet above the top of pipe at the upstream end of the test section, or five (5) feet above the existing groundwater elevation, whichever is greater. The water shall be introduced into the test section at least one (1) hour in advance of the test period and refilled as necessary prior to commencement of the test period to allow the pipe and joint material to become saturated. The loss in water may be determined by measuring the rate of fall of the water level, but the level shall not be allowed to fall more than one (1) foot below the specified head during the test period.
D. When leakage exceeds the amount allowed by the specifications, the Contractor shall locate the leaks, submit a repair procedure for the Inspector’s review, and make the necessary repairs.
TELEVISION INSPECTION
A. CCTV inspection shall be performed by the contractor upon substantial completion and prior to the end of a one year warranty period. The CCTV inspection shall be PACP compliant and compatible with COR database. The CCTV inspections shall be provided to COR in a digital format for review prior to acceptance.
B. The procedure outlined in items 1 through 11 below will be repeated until all deficiencies observed by television inspection have been corrected to the complete satisfaction of City of Richmond.
1. The Contractor shall request television inspection once the following procedures have been completed:
a. Storm drain pipelines are installed, backfilled, and compacted. b. Structures are in place, all channeling is complete and pipelines are accessible from structures.
c. All other underground facilities, utility piping, and conduits in the vicinity are installed. d. For street locations, placement of aggregate base has been completed. e. Pipelines to be inspected have been cleaned and flushed. f. Final pressure test has been completed.
g. Mandrel testing is complete.
2. After the above work is complete, the Contractor shall request the Inspector to have City of Richmond establish a date for television inspection.
3. The Contractor for the project will be notified by phone as to the scheduled date of the television inspection, and shall arrange for water to be available the date of the inspection.
4. If the jobsite will not be ready or accessible for the television inspection on the scheduled date, the Contractor shall notify the Inspector of the necessary cancellation at least twenty2049 Section SP-28 – Storm Drain Pipe
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four (24) hours in advance of the scheduled inspection to avoid being charged a cancellation fee.
a. If the City of Richmond's television crew arrives at the jobsite and the work is not ready or accessible, the Contractor will be billed the cancellation fee payable to City of Richmond prior to the date of rescheduled television inspection. b. The Contractor shall reschedule inspection as outlined above.
5. All CCTV inspections shall be at the contractors cost and incorporated into the contractor’s proposal. The CCTV inspections shall be provided to COR in a digital format for review prior to acceptance.
6. The entire job will be initially televised by City of Richmond. If no deficiencies are observed, the work will be considered satisfactory. If deficiencies are observed, a recording will be made and defects serious enough to require correction will be determined by the Inspector.
7. Notification will be made in writing of any deficiencies revealed by the television inspection that will require repair. If corrective work is indicated and viewing of the recording is desired, the Contractor shall contact the Inspector to set a time for the viewing.
8. All corrective work shall be done, and shall be subject to approval by City of Richmond.
City of Richmond reserves the right to require cleaning and additional leak testing of the repaired pipeline.
9. Those portions of the pipeline where deficiencies have been corrected must be re-televised.
Payment of re-television inspection fees must be received by City of Richmond prior to the scheduled date of the television re-inspection.
10. All sewer stubs will be televised.
11. The following observations from television inspections will be considered defects requiring correction prior to paving:
a. Low spot 0.125 x diameter of pipe or greater (e.g., 1 inch for 8-inch pipe). b. Joint separations (three-quarter (3/4) inch or greater opening between pipe sections). c. Cocked joints present in straight runs or on the inside of pipe curves. d. Chips in pipe ends.
e. Cracked or damaged pipe.
f. Offset joints.
g. Infiltration.
h. Debris or other foreign objects.
i. Other obvious deficiencies.
C. Television inspection of the work and the correction of observed defects shall not relieve the 2050
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Contractor of its responsibility for the one (1) year guarantee period. City of Richmond may inspect and/or televise portions of any projects during said guarantee period. This inspection may include a televising of the pipelines and the checking of the pipeline deflection in the case of plastic pipes.
MEASUREMENT AND PAYMENT
The contract price paid per linear foot for “18-inch Storm Drain” [Bid Item #400] shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in but not limited to 18” storm drain installation including excavation, construction staking, backfilling, performing cleaning, deflection test, leakage test, televising and performing compaction test as indicated on the plans, specified in the Standard Specifications, these special provisions, and as directed by the Engineer, and no additional compensation will be allowed.
The contract price paid per linear foot for “24-inch Storm Drain” [Bid Item #401] shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in but not limited to 24” storm drain installation including excavation, construction staking, backfilling, performing cleaning, deflection test, leakage test, televising and performing compaction test as indicated on the plans, specified in the Standard Specifications, these special provisions, and as directed by the Engineer, and no additional compensation will be allowed.
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Section SP-29 – Storm Drain Structures
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SECTION SP-29 – STORM DRAIN STRUCTURES
Storm drain inlets shall be constructed as shown on the Contract Documents. All pipe materials, related appurtenances, pipe bedding, and trench backfill shall conform to the requirements of the State Standard Specifications and these Special Provisions Specifications.
Storm drain inlets, junction boxes, manholes shall meet the requirements of Caltrans Specifications Section 51, “Concrete Structures”.
The assembly of all fittings and inlet connections shall be in accordance with the manufacturer’s specifications and shall be approved by the Engineer.
MEASUREMENT AND PAYMENT
The contract price paid per each for “Drain Inlet” [Bid Item #402]shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in but not limited to drain inlet installation including excavation, construction staking and backfill as indicated on the plans, specified in the Standard Specifications, these special provisions, and as directed by the Engineer, and no additional compensation will be allowed. 2052
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SECTION SP-30 – ROCK SLOPE PROTECTION
DESCRIPTION
This work shall be done in accordance with Section 72-2, “Rock Slope Protection,” of the State Standard Specifications, these Special Provisions, and as directed by the Engineer. Riprap shall consist of durable rock, free from cracks and seams complying with Caltrans Standard Specifications Section 72-2.
ROCK
Rock riprap must comply with the testing and corresponding specifications in section 72-2.02B “Rock” of the State Standard Specifications. The breadth and thickness of each piece of riprap shall be at least one third its length.
Rocks size shall be per the table for Rock Gradation for Method B Placement; Class “Light”.
PERMEABLE MATERIAL
Permeable material shall conform to the provisions of Section 68-2.02F, "Permeable Material," of the Standard Specifications. The permeable material shall conform to the grading requirements for Class 2, permeable material and must consist of washed angular crushed stone.
FILTER FABRIC
Filter fabric shall conform to the provisions of Section 96 “Geosynthetics” of the Standard Specifications.
CONSTRUCTION
The rock riprap slope protection shall be constructed per the specifications in Section 72-2.03 “Construction” of the State Standard Specifications and per the details, lines and grades shown on the plans.
Earthwork must comply with Section 19 “Earthwork” State Standard Specifications.
Install rock slope protection fabric in conformance with Section 72-1.03 of the State Standard Specifications. Place rock slope protection fabric loosely upon or against the surface to receive the fabric so that the fabric conforms to the surface without damage when the cover material is placed.
Hand place the riprap in a manner that will produce a reasonably well graded mass of rock with the minimum practicable percentage of voids. The desired distribution of the various sizes of rocks throughout the mass shall be obtained by selective loading of the material at the source.
The riprap shall be placed in layers to allow for the placement of the topsoil to fill the voids. The finished riprap will be free of pockets of smaller stones and clusters of larger stones. The placed rock shall be tamped into place using a steel plate to form a regular well organized surface.
Topsoil shall be placed by equipment in the riprap voids. The topsoil placement shall not take place before the placement of the rock riprap is approved by the Engineer. Topsoil shall be placed in such a manner as to avoid displacement of the underlying rock. Spread the topsoil over 2053
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the rock riprap filling the voids between the placed rocks. Work the soil into the rock layer voids by wetting, prodding with a rock bar, and/or vibratory compaction until the soil thickness has completely filled all the voids. The subsequent layers of the rock riprap shall not be placed until all the voids have been filled with the topsoil.
Once the rock riprap and topsoil is placed, the voids of the soil-rock riprap shall be planted. See planting plans and details as shown on the plans.
MEASUREMENT AND PAYMENTS
The contract price paid per each for “Outfall Protection” [Bid Item #403] shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in but not limited to outfall protection installation including excavation and backfill as indicated on the plans, specified in the Standard Specifications, these special provisions, and as directed by the Engineer, and no additional compensation will be allowed. 2054
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TECHNICAL PROVISIONS
2055
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2056
City of Richmond
Technical Provision
Flood Risk Reduction in the Rheem Creek Watershed
These technical provisions were prepared by:
Erik Stromberg, PLA
Restoration Design Group
2332 5th Street, Suite C
Berkeley, CA 94710
05/04/23
03/31/2025
2057
City of Richmond
Technical Provision
Flood Risk Reduction in the Rheem Creek Watershed
Table of Contents
01-55-26 Traffic Control
01-57-23 Temporary Stormwater Pollution Control
01-71-13 Mobilization
10-14-00 Signage
31-10-00 Site Clearing
31-20-00 Earthwork
31-23-19 Dewatering
31-25-00 Sheet Mulch
32-14-43 Permeable Unit Pavers
32-16-00 Curbs Gutters Sidewalks
32-31-00 Fences and Gates
33-40-00 Stormwater Utilities
33-40-01 SD Easement Restoration
2058
City of Richmond
Technical Provision
Flood Risk Reduction in the Rheem Creek Watershed
SECTION 01-56-26 TEMPORARY TRAFFIC CONTROL
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SECTION 01-56-26 TEMPORARY TRAFFIC CONTROL
GENERAL
SUMMARY
Contractor is responsible for comprehensive site-wide temporary traffic control provisions.
Under this item of work, Contractor is also responsible for providing regional temporary traffic control signs.
DEFINITIONS
Standard Specifications: 2018 Caltrans Standard Specifications.
MUTCD: 2018 Revision 3 of the Caltrans Manual on Uniform Traffic Control Devices.
REQUIREMENTS
The work in this section must conform to Section 12 TEMPORARY TRAFFIC CONTROL of the Standard Specifications.
The work in this section must conform to the MUTCD.
Submit traffic control plan prior to commencing any construction activities.
Each afternoon at 3 p.m., meet with City or its designated representative to describe the following day's construction operations and the traffic control provisions. At each meeting, submit a detailed update of traffic control provisions and construction crew locations. This shall be submitted in hardcopy and electronic form using a Word file. The update shall contain a list of signs and the time and location for covering and uncovering signs.
SUBMITTALS
See the General Sections for submittal requirements.
Administrative Submittals: Copies of permits and approvals for construction as required by Laws and Regulations and governing agencies.
Shop Drawings:
1. Traffic Control, Detour & Routing Plans, Pedestrian Control, and School Zone Access & Pedestrian Control Plans: As specified herein, and proposed revisions thereto. Submittals shall consider both the standard workday and nighttime operations.
Submit product or material cut sheet data for each product listed below in Part 2.
Traffic Control Plan: Detailed traffic control plans shall show the locations of traffic cones, k-rail, construction zones, flaggers, stored pipe and materials, construction truck access, barricades, detours, signs, changeable message boards, and other traffic control facilities.
Submit traffic control plans five (5) working days prior to start of construction and throughout all construction stages as the Work progresses.
1. Regional Traffic Management: Regional traffic control plans shall show the locations of access routes, closures, detours, temporary traffic signs, construction signage, changeable message boards, and other regional traffic control facilities. Plan shall show and accommodate adjacent projects. Submit traffic control plans five (5) working days prior to start of construction and throughout all construction stages as the Work progresses.
2059
City of Richmond
Technical Provision
Flood Risk Reduction in the Rheem Creek Watershed
SECTION 01-56-26 TEMPORARY TRAFFIC CONTROL
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2. Traffic Routing Plan: Show sequences of construction affecting the use of roadways, time required for each phase of the Work, provisions for decking over excavations and phasing of operations to provide necessary access, and plans for signing, signaling, barricading, and striping to provide passages for pedestrians and vehicles. Include schedule for covering traffic control signs (including detour signs) when not in use and uncovering just prior to use. Show applicable signs for each individual construction stage.
QUALITY ASSURANCE
Traffic control shall be done in accordance with the Traffic Constraints Drawings, Caltrans Standard Plans & Specifications, and the California Manual on Uniform Traffic Control Devices (California MUTCD, Caltrans, January 21, 2010), and the City of Richmond’s Standards and Specifications.
PRODUCTS (NOT USED)
EXECUTION
GENERAL
Non-closure traffic control: Work that interferes with public traffic, either one-lane or twolane traffic, shall not cause any traffic delays to public traffic between 7 a.m to 8:30 a.m., nor more than 5-minute delays to public traffic between the hours of 8:30 a.m. to 4:30 p.m.
Local traffic shall not be delayed at any time for more than 5 minutes. School buses shall not be delayed for more than 1 minute. During nonworking hours, Saturdays, Sundays, and holidays, the full width of the traveled way in both directions shall be open for use by the public, unless approved for closure. Where road is closed to through traffic, full width of the roadway shall be open for local traffic during non-working hours. During working hours, one lane of the roadway shall be open for local traffic in both directions except as permitted in advance by the Engineer. Holidays shall be those designated by the City of Richmond
1. Emergency Response Vehicles shall not be impeded at any time.
Work hours shall be as stated in Special Provisions. Work hours shall be further limited to daylight hours. Daylight hours are defined as 1/2 hour after sunrise and 1/2 hour before Sunset.
Contractor shall fill or plate the trench at the end of each working day. Trench plates shall be textured to inhibit skidding. Use cold-patch or other means to feather transition at 3.3 percent (30:1) to plates. Where pit operations remain unfilled, steel plating shall be provided during non-working hours.
Traffic Control Engineer shall provide routine surveillance of project during nonworking hours. Contractor shall provide the name and phone number for the Contractor’s contact person for nighttime project operations. Replacement of nonworking or stolen controls is required prior to commencing with construction.
Minimum lane width during construction shall be 11 feet, unless noted otherwise.
1. Nearest travel lane edge (tubular marker delineators) shall be no less than 8 feet from the edge of open trench. Contractor shall use K-Rail if 8 foot cannot be maintained
2. Where cones are used to separate traffic lane from construction zone, do not use traffic lane for accessing construction zone and do not store materials or equipment on or near shoulder of traffic lane side of roadway.
2060
City of Richmond
Technical Provision
Flood Risk Reduction in the Rheem Creek Watershed
SECTION 01-56-26 TEMPORARY TRAFFIC CONTROL
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Whenever it is necessary to cross, close, or obstruct driveways and walks, whether public or private, provide and maintain suitable and safe bridges, detours, or other temporary expedients for accommodation of public and private travel.
Driveway and Private Road Closures: Maintain satisfactory means of exit for persons residing or having occasion to transact business along the route of the Work. If it is necessary to close off vehicular access to property for periods greater than 2 hours, provide written notice to each owner/occupant so affected, 3 days prior to such closure. Steel traffic plates shall be readily accessible in case of emergency.
Maintain top of backfilled trenches before they are paved to allow normal vehicular traffic to pass over. Provide temporary access driveways where required. Cleanup operations shall follow immediately behind backfilling.
Notify the fire department, police/sheriff department, highway patrol, ambulance service, local school district, post office, refuse companies and transit agencies five (5) working days before closing roadway or portion thereof. Notify said departments or agencies when streets are again passable for vehicles. Conduct operations with the least interference to fire equipment access, and at no time prevent such access. Furnish Contractor’s night emergency telephone numbers to the police or sheriff's department.
Move mailboxes to temporary locations accessible to postal service and on completion of Work in each area, replace them in their original location and in a condition equal to or better than original.
Contractor shall move property owners’ (residents’) garbage and recycle cans to areas accessible for garbage and recycle pick up. Garbage and recycle cans shall be returned to owners’ driveway after pick up.
Pedestrian and bicycle access along sidewalks and streets will be kept open and safe from construction activities, however necessary closures shall be detour and signed appropriately, per a Pedestrian Control Plan, where applicable.
Coordination: Coordinate traffic routing with that of others working in the same or adjacent areas. Coordinate access for garbage pick up, mail delivery, and school buses.
Barricades and Lights:
1. Provide as shown on the Traffic Control Plans and in sufficient quantity to safeguard public and Work.
2. Provide as necessary to prevent unauthorized entry to construction areas and affected roads, streets, and alleyways, inside and outside of fenced area, and as required to ensure public safety and the safety of Contractor’s employees, other employer's employees, and others who may be affected by the Work.
3. Provide to protect existing facilities and adjacent properties from potential damage.
4. Locate to enable access by facility operators and property owners.
5. Protect streets, roads, highways, and other public thoroughfares that are closed to traffic by effective barricades with acceptable warning signs.
6. Locate barricades at the nearest intersecting public thoroughfare on each side of the blocked section and at any additional locations indicated on the Traffic Control Plan.
Temporary Pavement Markings:
1. Temporary Pavement Delineation: Whenever Contractor’s operations reduce visibility of pavement delineation (lane lines, either pavement markers or painted lines or both, 2061
City of Richmond
Technical Provision
Flood Risk Reduction in the Rheem Creek Watershed
SECTION 01-56-26 TEMPORARY TRAFFIC CONTROL
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or temporary delineation) and pavement marking, such pavement delineation and pavement marking shall be replaced by either permanent or temporary delineation and marking before opening the traveled way to public traffic. Temporary delineation and marking shall consist of reflective traffic tape or reflective pavement markers, as determined by Engineer. Reflective tape for temporary delineation shall be applied in pieces not less than 24 inches long, or less than 4 inches wide, spaced no more than 24 feet apart. Reflective tape for pavement markings shall be placed to approximate the obliterated pavement markings, as determined by Engineer. Reflective traffic tape or reflective pavement markers shall be applied in accordance with the manufacturer's instructions. In areas where construction activity removes the pavement, Contractor shall use portable delineators (18 inches high by 2 inches wide) to designated travel lanes. Portable delineators shall be in accordance with the Standard Specifications.
Once asphalt "plugging" of trench and damaged areas is complete, pavement markings and striping shall be replaced. Temporary pavement delineation shall be maintained by Contractor, at his/her own expense, until it is replaced with permanent delineation. Final pavement markings and striping shall be done after completion of overlay.
Signs and Equipment:
1. Traffic control signs and equipment shall be placed as shown on Traffic Constraint Drawings and as directed by the City.
2. Contractor shall maintain existing traffic control signs during construction.
3. Portable TOW-AWAY-NO STOPPING Signs: Place where approved by City Engineer
4. TOW-AWAY-NO STOPPING signs shall be posted fourty eight (48) hours prior to construction activity requiring removal.
5. Tubular Markers or Traffic Safety Drums: Provide to delineate traffic lanes to guide and separate traffic movements.
6. Provide at obstructions, such as material piles and equipment, as directed by City Engineer.
7. Illuminate barricades and obstructions with warning lights from sunset to sunrise, or as directed by Engineer.
8. Use to alert general public of construction hazards, which would include surface irregularities, unramped walkways, grade changes, and trenches or excavations in roadways and in other public access areas.
9. Post-mount informational signs (all ends of detour and throughout detour vicinity) of detour 5 working days before detouring any traffic as to the date, time, and duration of the detour. Sign shall be stenciled with 6-inch black letters on a retro-reflective orange background. Signs shall meet Caltrans specifications.
10. Place solar powered barricade-type lights on DETOUR signs and construction speed limit signs.
11. All portable and night use signs shall use "diamond" grade reflective lettering.
12. Detour signs shall be covered when not in use and uncovered just prior to use. Detour signs shall be covered with wood or metal. The use of easily displaced material such as plastic bags, burlap sacks, duct tape, etc. is not acceptable. All signs that are not applicable to the current construction stage shall be removed or covered. 2062
City of Richmond
Technical Provision
Flood Risk Reduction in the Rheem Creek Watershed
SECTION 01-56-26 TEMPORARY TRAFFIC CONTROL
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At each road closure barricade, a flagger shall be provided. For each single-lane closure, flaggers shall be provided for each crew. Flaggers shall have radios for communication with other flaggers and with crew foremen. Flaggers shall not leave their posts unattended for any length of time. Provide replacement flaggers as required for continuous coverage.
MEASUREMENT AND PAYMENT
The contract lump sum price paid for Temporary Traffic Control (Bid Item #102) shall include full compensation for all labor, materials, tools, equipment, and incidentals but not limited to mobilizing and demobilizing equipment, materials, and personnel as shown in the Plans, specified in these Special Provisions, and as designated by the Engineer.
END OF SECTION
2063
City of Richmond
Technical Provision
Flood Risk Reduction in the Rheem Creek Watershed
SECTION 01-57-23 TEMPORARY STORM WATER POLlUTION CONTROL 1 of 6
SECTION 01-57-23 TEMPORARY STORM WATER POLLUTION CONTROL
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.
The project shall comply with Section 13, "Water Pollution Control” and Section 21,"Erosion Control" of the State Standard Specifications, and Caltrans Best Management Practices Manual
SUMMARY
Provide all material, labor and equipment necessary to complete all work as shown on the drawings and as specified herein, including, but not limited to, the following:
1. Design, construct, implement, maintain and remove storm water pollution controls.
2. Prepare and submit required compliance documentation for storm water pollution controls.
Related Sections include the following:
1. 31-10-00 Site Clearing
2. 31-23-19 Dewatering
3. 31-25-00 Sheet Mulch
SUBMITTALS
Storm Water Pollution Prevention Plan (SWPPP) or Water Pollution Control Program (WPCP).
1. Submit working 20 days prior to construction
QUALITY ASSURANCE
Regulatory Requirements
1. State Water Resources Control Board (SWRCB) Construction General Permit, 2009-0009-DWQ (CGP)
2. California Stormwater Quality Association (CASQA) Best Management Practices (BMP) Handbook/Portal
3. Caltrans, California Department of Transportation, Division of Environmental Analysis, Storm Water Program Construction Site Best Management Practices (BMP) Manual Storm Water Pollution Prevention Plan (SWPPP) and Water Pollution Control Plan (WPCP) Preparation Manual
4. Regional Water Quality Control Boards (RWQCB)
401 Certifications
NPDES - National Pollutant Discharge Elimination System Waste discharge requirements for aerially deposited lead reuse
5. US Army Corps of Engineers permits.
2064
City of Richmond
Technical Provision
Flood Risk Reduction in the Rheem Creek Watershed
SECTION 01-57-23 TEMPORARY STORM WATER POLlUTION CONTROL 2 of 6
6. California Department of Fish and Wildlife (DFW) permits.
7. California Department of Toxic Substance Control (DTSC) Aerially Deposited Lead (ADL) variance
Aerially Deposited Lead (ADL) variance notification
8. The Contractor shall be responsible for any fines imposed by the Regional Water Quality Control Board or other agency as a result of noncompliance, negligence, or violation of permit conditions
DELIVERY, STORAGE, AND HANDELING
Storage and Protection: Storage of equipment and vehicles shall be a minimum of 40 feet from the top of the creek bank.
PROJECT CONDITIONS
General
1. As shown on the plans, this project disturbs more than 1 acre.
2. All temporary erosion control measures shall be immediately removed when no longer needed. All temporary erosion control measures shall be removed from the site and legally disposed of prior to project completion.
3. Construction vehicles and equipment entering existing paved areas shall be free of mud, silt and other debris during all phases of work. No mud, silt and other debris shall be tracked on paved surfaces. If such materials are tracked on the streets or other paved areas both public and private, the Contractor shall immediately remove these materials prior to these materials entering into the storm drain system.
4. Stockpiling of materials on the street will not be allowed unless otherwise approved by the Engineer. The Contractor shall cover with plastic any construction or excavated materials which may possibly erode and enter the storm drain system of paved streets or other paved areas both public and private. Stockpiling of dirt on paved areas will not be allowed.
5. The Contractor shall sweep the work area and clean up the work site daily before leaving the site.
6. The Contractor shall be responsible throughout the duration of the project for installing, constructing, inspecting and maintaining the control measures included in the Water Pollution Control Plan (WPCP) and any amendments thereto and for removing and disposing of temporary control measures.
7. To ensure the proper implementation and functioning of temporary erosion control measures, the Contractor shall regularly inspect and maintain the construction site for the control measures identified in the WPCP. The Contractor shall identify corrective actions and time frames to address any damaged measures or reinitiate any measures that have been discontinued.
8. During the length of the project, inspections of the construction site shall be conducted by the Contractor to identify deficient measures. The inspections shall be, but not limited to as follows:
Prior to a predicted storm;
After all precipitation which causes runoff capable of carrying sediment from the construction site;
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Flood Risk Reduction in the Rheem Creek Watershed
SECTION 01-57-23 TEMPORARY STORM WATER POLlUTION CONTROL 3 of 6
At 24 hours intervals during extended precipitation events; and Routinely, on a minimum weekly basis.
9. If the Contractor identifies a deficiency in the deployment or functioning of an identified control measure, the deficiency shall be corrected in a timely manner.
10. If the Engineer identifies a deficiency in the deployment or functioning of an identified control measure, the Contractor will be notified and the deficiencies shall be corrected by the Contractor in a timely manner.
11. Failure to make the necessary repairs or other necessary maintenance when directed by the Engineer shall result in the necessary repair work being done by City forces the Contractor will be billed at double the rate of all City expenses.
Project Environmental Requirements
1. Confine work activities to approved construction work areas, staging areas and access routes.
2. Fueling of equipment and vehicles shall take place a minimum of 200 feet from the top of the creek bank.
3. The Contractor shall take all measures to prevent contamination of lakes, ponds, creeks and drainage swales.
4. Contractor shall prepare, submit and implement a Storm Water Pollution Prevention Plan (SWPPP) or Water Pollution Control Program (WPCP).
No site work shall begin until the City Engineer reviews and approves the SWPPP or WPCP for general compliance.
A WPCP is only applicable to projects where the soil disturbance from work activities will be one of the following.
Less than 1 acre
Less than 5 acres if the project has an Environmental Protection Agency Small Construction Project Erosivity Waiver (Erosivity Waver) All other projects require a SWPPP.
5. WPCP Requirements:
The WPCP shall comply with one of the following:
Caltrans Storm Water Pollution Prevention Plan (SWPPP) and Water Pollution Control Program (WPCP) Preparation Manual
California Stormwater Quality Association (CASQA) Construction BMP Online Handbook/Portal or Stormwater Best Management Practice Handbook for Construction
The Regional Water Quality Control Board’s Guidelines for Construction Projects The WPCP shall include the following:
Show the location of disturbed soil areas, water bodies, and water conveyances.
Describe the work involved in the installation, maintenance, repair, and removal of temporary water pollution control practices. 2066
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SECTION 01-57-23 TEMPORARY STORM WATER POLlUTION CONTROL 4 of 6
Show the locations and types of water pollution control practices that will be used for:
Stormwater and non-stormwater in areas outside the job site but related to work activities, including:
i. Staging areas
ii. Storage yards
iii. Access roads
Activities or mobile activities related to all NPDES permits.
Contractor-support facilities.
Show the locations and types of temporary water pollution control practices that will be used in the work for each construction phase.
Show the locations and types of water pollution control practices that will be installed permanently under the Contract.
Include a schedule showing when:
Work activities will be performed that could cause the discharge of pollutants into stormwater.
Water pollution control practices associated with each construction phase will be implemented.
Soil stabilization and sediment control practices for disturbed soil areas will be implemented.
Amend the WPCP whenever:
Changes in work activities could affect the discharge of pollutants.
Water pollution control practices are added by change order work.
Water pollution control practices are added at your discretion.
Changes in the quantity of disturbed soil are substantial.
Objectives for reducing or eliminating pollutants in stormwater discharges have not been achieved.
Project receives a written notice or order from the RWQCB or any other regulatory agency.
6. SWPPP Requirements:
The SWPPP shall be prepared by a Qualified SWPPP Developer (QSD) and managed on site by a Qualified SWPPP Practitioner (QSP). The QSD and QSP shall be employees of the Contractor or consultants hired by the Contractor.
The Contractor is responsible for preparation of all required documents before, during, and after construction under the State Water Resources Control Board (SWRCB) Construction General Permit, 2009-0009-DWQ (CGP).
Contractor shall submit documents for City Engineer review prior to uploading to the SWRCB. Contractor shall then notify the City Engineer Project Manager when uploaded documents are ready for approval in SMARTS.
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Technical Provision
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SECTION 01-57-23 TEMPORARY STORM WATER POLlUTION CONTROL 5 of 6
The City Engineer will mail a check to the SWRCB for the CGP fees after review and approval of the SWPPP prepared by the Contractor.
No site work shall start until the SWRCB has issued a WDID number.
The QSP shall inspect the site and submit the following written reports to the district:
Weekly inspection reports
Rain Event Action Plans
Quarterly non-storm water Inspection reports
Final inspection report when site is stabilized.
In addition to the requirements of the CASQA or Caltrans standard, the SWPPP shall contain the following:
Erosion Control Plan
Contractor’s designated QSD shall prepare the Notice of Termination and Annual Reports.
PRODUCTS
MATERIALS
Products and materials used for storm water pollution prevention shall comply with the requirements of these specifications.
1. Fiber rolls and erosion control blankets shall not contain netting that could trap small animals. Photodegradable products are not acceptable.
2. All erosion control products shall be weed and seed free.
3. Fiber Roll: Fiber roll must be a premanufactured roll filled with rice or wheat straw, wood excelsior, or coconut fiber.
Fiber roll must be covered with biodegradable jute, sisal, or coir fiber netting secured tightly at each end and must be 8 to 10 inches in diameter and at least 1.1 lb/ft.
Fiber roll must have a minimum functional longevity of 1 year.
4. Erosion Control Fabric:
North American Green, C125BN, 100% biodegradable coconut fiber erosion control blanket with BioNetTM natural fiber netting. North American Green, 14649 Highway 41 North, Evansville, IN 47711, tel. 812.867.6632, or approved equal.
Comply with Section 21-2.02O(3) of the Caltrans Standard Specifications
5. Fasteners:
Wood stakes at Vegetated Soil Lifts
Douglas Fir 2x4, 24-inch length, cut diagonally lengthwise.
Fastening metal staples by North American Green, 14649 Highway 41 North, Evansville, IN 47711, or approved equal.
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Technical Provision
Flood Risk Reduction in the Rheem Creek Watershed
SECTION 01-57-23 TEMPORARY STORM WATER POLlUTION CONTROL 6 of 6
EXECUTION (NOT USED)
MEASUREMENT AND PAYMENT
The contract lump sum price paid for Storm Water Pollution Control (Bid Item #101) shall include full compensation for all labor, materials, tools, equipment, and incidentals required to prepare but not limited to SWPPP or WPCP plan as well as implement the plan complete and in place as shown in the Plans, specified in these Special Provisions, and as designated by the Engineer
END OF SECTION
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City of Richmond
Technical Provision
Flood Risk Reduction in the Rheem Creek Watershed
SECTION 01-71-13 MOBILIZATION
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SECTION 01-71-13 MOBILIZATION
GENERAL
SUMMARY
This Section includes the following for work in the project:
1. Mobilization
2. Demobilization
Related Sections include the following:
1. 01-57-23 Temporary Stormwater Pollution Control
2. 31-10-00 Site Clearing
3. 31-23-19 Dewatering
4. 31-20-00 Earthwork
PROJECT CONDITIONS
The proposed construction staging areas are as shown on the plans and/or approved by the City Engineer.
SUBMITTALS
Construction Staging Area Plans showing location of restroom, material storage, and fueling areas.
EXECUTION
PREPARATION
Mobilization shall consist of preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies and incidentals to the project site; for the establishment of all offices, buildings and other facilities necessary for work on the project; bonds, insurance, permits, licenses, for the construction schedule; and for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on the project site. Mobilization shall comply with Section 9-1.16D of the Caltrans Standard Specifications and these provisions.
The contractor shall photograph or video the entire site, each storefront and residence, and each existing improvement prior to construction. The contractor shall also document the location and type of existing signs so that they may be replaced in kind.
Note that the City has not provided a laydown area for the Contractor. The Contractor shall be responsible for establishing a laydown area, and subject to approval by the City Engineer.
The Contractor’s plant and equipment to be used in performing this work shall be of sufficient size and efficiency to meet all job requirements and will be subject to approval by the City Inspector.
CLEANING
Demobilization shall consist of all work required to prepare personnel, plant, equipment, facilities, supplies and incidentals for return trip, and removing the same from the job site at the completion of the contract work, including cleaning up any land based staging and storage areas used in the prosecution of the work. 2070
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SECTION 01-71-13 MOBILIZATION
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MEASUREMENT AND PAYMENT
The contract lump sum price paid for Mobilization (Bid Item #100) shall include full compensation for all labor, materials, tools, equipment, and incidentals but not limited to mobilizing and demobilizing equipment, materials, and personnel as shown in the Plans, specified in these Special Provisions, and as designated by the Engineer.
END OF SECTION
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SECTION 10-14-00– SIGNAGE
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SECTION 10-14-00– SIGNAGE
GENERAL
SUMMARY
This Section includes the following signage work
1. Interpretive Signage
Related Sections include the following:
1. 32-14-43 Permeable Unit Pavers
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.
Manufacturers Qualifications:
1. Demonstratable project portfolio of at least 15-years producing products as specified.
2. Three examples of installed work 10-years or older that demonstrates better than industry average durability.
Product Data: Provide for product indicated. Include construction and fabrication details, material descriptions, dimensions of individual components and profiles, finishes, field-assembly requirements, and installation details.
Samples/Mock-ups:
1. Signage shall be submitted to the O.R. for proof approval before it is reproduced in signage fabrication process.
2. The Contractor shall provide specific 4” x 4” samples demonstrating color matching and graphic resolution ability to the Owner’s Representative for approval.
QUALITY ASSURANCE
Source Limitations: Obtain through one source from a single manufacturer.
Qualifications: Suppliers and craftsmen of signage materials and services shall have five years previous experience with projects of this scope.
1. The Contractor shall provide the O.R. with evidence of the supplier having successfully completed the manufacture of two projects of similar scope within the preceding three years.
WARRANTY
See General Conditions. Manufacturers’ warranties may extend beyond the specified warranty limits for materials and workmanship.
PRODUCTS
SIGNAGE
Exterior Grade High Pressure Laminate Sign
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SECTION 10-14-00– SIGNAGE
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1. Artwork will be provided by the owner.
2. Graphic Panel dimension shall be 24” x 18”
3. Threaded inserts shall be included as necessary for installation
4. Digitally printed paper proof shall be supplied for approval
5. Acceptable Manufacturers
KVO Industries
4 Maxwell Court
Santa Rosa, CA 95401
Tel: 707-573-6868
Fax: 707-573-6888
Or approved equal.
Interpretive Sign Frame
1. Slimline Single Leg Pedestal (SLP), Product ID 2418 SL SLP-AL, or approved equal
2. Frame dimension shall be 24.5” x 18.5”
3. Aluminum construction
4. Powder coat finish, Cardinal T241-BK59, Black Texture Semi-Gloss
5. Surface mount with cover
6. Acceptable Manufacturers
KVO Industries
4 Maxwell Court
Santa Rosa, CA 95401
Tel: 707-573-6868
Fax: 707-573-6888
Or approved equal.
FINISHES, GENERAL
Comply with NAAMM's "Metal Finishes Manual for O.R. and Metal Products" for recommendations for applying and designating finishes.
The Contractor shall be responsible for ensuring that signage unit is installed square, plumb, and level in accordance with applicable drawings and specifications.
EXECUTION
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.
INSTALLATION
Comply with furnishing manufacturers' installation standards, direction, and product manufacturer's written installation instructions, unless more stringent requirements are 2073
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SECTION 10-14-00– SIGNAGE
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indicated. Complete field assembly of site furnishings, as required to complete the Work as shown on Plans.
Install materials, plumb, true, free of warp and twist, and securely anchored at locations indicated on the Plans.
Interpretive Signage
1. The Contractor shall be responsible for inspecting completed signage for clarity, proper registration of images, clean backgrounds, correct colors, complete and appropriate thickness of porcelain enamel coverage, blemishes, defects and general workmanship.
2. Follow installation instructions provide by sign manufacturer.
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.
MEASUREMENT AND PAYMENT
The contract price paid for “Interpretive Signage” [Bid Item #500] shall be measured each and includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved but not limited in Interpretive Signage installation as indicated on the plans, specified in the Standard Specifications, these special provisions, and as directed by the Engineer, and no additional compensation will be allowed.
END OF SECTION
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City of Richmond
Technical Provisions
Flood Risk Reduction in the Rheem Creek Watershed
SECTION 31-10-00– Site Clearing
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SECTION 31-10-00– SITE CLEARING
GENERAL
SUMMARY
Provide labor, material and equipment required but not limited for removal of all objectionable material in conflict with the work such as demolishing, cutting, removing and disposing of existing construction as designated and shown on the drawings for the following as required to provide for new work.
1. Surface and subsurface demolition as indicated including backfilling of excavations and depressions.
2. Demolition of asphalt paving, sidewalk, rolled curb, curb and gutter, CMU walls and footings, and fencing
3. Removal of existing drainage inlets and conveyance pipes.
4. Removal of vegetation and trees as specified herein.
Related Sections include the following:
1. 01-57-23 Temporary Storm Water Pollution Control
2. 31-20-00 Earthwork
3. 31-23-19 Dewatering
4. 31-25-00 Sheet Mulch
REFERENCES
American Association of State Highway and Transportation Officials:
1. AASHTO T180 - Standard Specification for Moisture-Density Relations of Soils Using a 4.54-kg (10-lb) Rammer and a 457-mm (18-in.) Drop.
ASTM International:
1. ASTM D698 - Standard Test Method for Laboratory Compaction Characteristics of Soil Using Standard Effort (12,400 ft-lbf/ft3).
2. ASTM D1557 - Standard Test Methods for Laboratory Compaction Characteristics of Soil Using Modified Effort (56,000 ft-lbf/ft3).
3. ASTM D2487 - Standard Classification of Soils for Engineering Purposes (Unified Soil Classification System).
California Building Code – Appendix J - Grading
State Standard Specifications:
1. Section 14 – Environmental Stewardship
2. Section 17 - General
3. Section 19 – Earthwork
SUBMITTALS
All submittals in this specification package (excluding resubmittals) shall be compiled together and submitted to the O.R. as one package. 2075
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SECTION 31-10-00– Site Clearing
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Submit all permits and certificates required for the project, for record purposes.
Demolition schedule and proposed methods and operations.
Permits and notices authorizing demolition.
Letter or certificates of severance of utilities services from the affected agencies or utilities.
Proposed haul route(s) from the demolition worksite to an authorized disposal site.
Permit for transport and disposal of debris.
Make arrangements of disposing of waste and excess materials at a legally licensed landfill/disposal facility outside worksite and pay cost thereof.
Photograph existing conditions of existing structure surfaces, equipments, and adjacent improvements that might be misconstrued as damage related to removal operations. File photographs with Owner prior to start of work.
Submit proposed dust control measures.
Submit proposed noise control measures.
The Contractor shall submit to the City a haul route for approval, prior to commencing any work. Truck traffic movement is limited between the hours of 9am to 3pm, unless approved by the Project Manager.
Work Schedule: Submit a proposed schedule of work items to be performed, and a description of how the work is to be accomplished, for the Engineer’s review.
Report of inspections conducted with the Inspector of Record (I.O.R.) both before and after performing work.
QUALITY ASSURANCE
This work shall be done in accordance with Section 17-2, “Clearing and Grubbing,” of the State Standard Specifications, these Special Provisions, and as directed by the Engineer.
Comply with the following Standards: American National Standards Institute, Inc. “American National Standard Safety Requirements for Demolition” (ANSI A10.6 and A10.8).
Comply with Regulatory Agencies:
1. Rules and regulations of State of California, California Administrative Code, Title 8, Industrial Relations, Chapter 4, Subchapter 4, “Construction Safety Order.”
2. Applicable local and state agencies having jurisdiction.
3. Governing EPA notification regulations.
4. Bay Area Air Quality Management District (BAAQMD) – http://www.baaqmd.gov/
5. CALGreen Construction Waste Management Requirements
6. California Occupational Safety and Health (Cal/OSHA) Secure all required Permits or Certificates for demolition or discontinuance of utilities, prior to beginning the work.
PROJECT CONDITIONS
Dust Control
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SECTION 31-10-00– Site Clearing
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1. Contractor shall use all means necessary to prevent the spread of dust during performance of the work. Thoroughly moisten all surfaces as required to prevent the generation of dust. No washing of streets is permitted.
2. The Contractor must also provide the Environmental Protection Agency (EPA) with a 10 working day advance notice for any disturbance of Regulated Asbestos-Containing Material (RACM) greater than 160 square feet or 260 lineal feet, and as specified in Code of Federal Regulations (CFR) Title 40, Chapter I, Subchapter C, Part 61, Subpart M, Section 61.145.
3. If the Contractor encounters a changed condition, as defined by one or more of the conditions below, the Contractor shall notify the Engineer by writing a Request for Information before disturbing the condition further.
Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined by Health and Safety Code, Section 25117 that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provision of existing law; and Subsurface or latent physical conditions at the site differing materially from those represented in the Contract Documents; and
Unknown physical conditions at the site of any unusual nature, which differ materially from those ordinarily encountered and generally recognized as inherent in the work and of the character provided for in the Contract Documents. No extension of Contract time shall be made by the City due to the Contractor’s failure to provide a timely written notice of any inconsistency or changed condition requiring direction. The Engineer will respond to the Contractor’s Request for Information within three working days, providing an interpretation, clarification or change order for an appropriate adjustment in contract time and cost pursuant to the Contract. Contractor shall wait for the Engineer’s written response to a Request for Information before proceeding with any work.
4. The Contractor shall not be liable to the City for failure to report any conflict, error, or discrepancy in the Contract Documents, unless the Contractor had actual knowledge or could foresee such conditions as may be discovered by a reasonable examination of the work site or materials. If the Contractor performs any construction activity in which he knows or should know involves an error, inconsistency, ambiguity, or omission referred to in this Section, without notifying and obtaining the written consent of the Engineer, Contractor shall be responsible for the resultant costs, including, without limitation, the costs of correcting defective work. However, in an emergency affecting the safety of persons or property, the Contractor shall take all reasonably necessary precautions to prevent or minimize damage, injury, or loss.
Project Work Window
1. Per Condition 2.1 of the California Department of Fish and Wildlife (CDFW) Streambed Alteration Agreement, the project work period is May 1 to October 31.
Implementation of erosion control measures and site remediation activities are exempt from seasonal work period restrictions.
2. Per Condition 2.2 of the CDFW Streambed Alteration Agreement, work must terminate 30 minutes before sunset and not resume until 30 minutes after sunrise.
Disposition of Existing Improvements:
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SECTION 31-10-00– Site Clearing
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1. All materials indicated to be removed shall become the property of the Contractor; dispose of these outside the project site.
Do not dispose of removed materials to the general public by sale, gift or in any other manner at the Site.
These provisions shall not be construed as limiting or prohibiting sale or disposal of such materials at the Site to duly licensed Contractors or material suppliers, provided materials are removed from construction site by the Contractor.
2. All removal of debris from the site, including removal of inventory to site of storage, is part of this Contract and shall be done by Contractor’s employees and no others.
Protection:
1. Erect and maintain temporary bracing, shoring, lights, barricades, except construction barricades for subsequent new construction, warning signs, and guards necessary to protect public, the Owner’s employees, finishes, improvements to remain and adjoining properly from damage, all in accordance with applicable regulations.
2. Wet down areas affected by this work as required preventing dust and dirt from rising.
Scheduling:
1. Coordinate with the Construction Manager or Owner in scheduling noisy or dirty work.
2. Schedule work at the Owner’s convenience to cause minimal interference with the Owner’s normal operations.
Traffic Circulations: Ensure minimum interference with roads, streets, driveways, sidewalks, and adjacent facilities.
1. Do not close or obstruct public thoroughfares without first obtaining the required permit or permission of the responsible public jurisdiction.
2. Where closing of a vehicular or pedestrian traffic circulation route is necessary, provide adequate directional signs to minimize the potential for confusion.
PRODUCTS
NOT USED
EXECUTION
EXAMINATION
Examine areas affected by work of this Section and verify following:
1. Disconnection of utilities as required.
2. Those utilities serving occupied portions of buildings on and off the site will not be disturbed.
3. Removal by the Owner of the Owner’s personal property, movable furniture and equipment items not designated for relocation.
Where existing conditions conflict with representations of the Contract Documents, notify the Engineer immediately and obtain clarifications. Do not perform work affecting the conflicting conditions until clarification of the conflict is received. 2078
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SECTION 31-10-00– Site Clearing
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PREPARATION
Verify that the area to be demolished or removed has been vacated, or adequate space made available to perform the work.
Lay out cutting work at Job Site and coordinate with related work for which cutting is required.
Call USA not less than two (2) working days before performing Work that can be marked by USA in a timely manner.
1. Request underground utilities to be located and marked within and surrounding construction areas.
Identify required lines, levels, contours and datum.
Notify utility companies to remove and relocate utilities where shown on the Drawings.
Protect utilities indicated to remain from damage.
Protect plant life, lawns, and other features remaining as portion of final landscaping.
Protect benchmarks or monuments, survey control points, existing structures, fences, sidewalks, paving, and curbs from excavating equipment and vehicular traffic.
The ground shall be prepared to received select fill by removing vegetation, topsoil and other unsuitable materials, scarifying the ground to provide a bond with the fill material, and compacting the fill at optimum moisture content.
DEMOLITION
If known or suspected hazardous materials are encountered during operations, stop operations immediately and notify the Engineer.
Perform work in accordance with ANSI A10.6-1969 unless otherwise noted.
Provide noise and dust abatement as required to prevent contamination of adjacent areas.
1. Remove all materials not designated as salvage, in their entirety.
2. Remove building foundations in their entirety, unless otherwise indicated on the drawings.
Lower, or remove, heavy structural framing members by hoist or crane.
Concrete and Masonry:
1. Demolish concrete and masonry in sections, less than 3 feet in any direction.
2. Method of cutting shall be limited to saw cutting and torch.
3. All concrete to be removed shall be sawcut prior to its removal. Existing concrete to be removed varies in thickness, no additional compensation shall be given for varying concrete thickness.
CUTTING
Make new openings neat.
Do not cut or alter structural members and any utilities including appurtenances unless indicated to do so in the contract documents or written approval is received from the Engineer.
Take care not to damage reinforcing or structural steel scheduled to remain in place. 2079
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SECTION 31-10-00– Site Clearing
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Concrete: Cut new openings in concrete by coring and saw cutting. Saw run-bys will not be permitted.
CLEARING AND GRUBBING
Strip topsoil to 2-inches minimum below existing grade where vegetation occurs.
Grub entire roots as required to remove entire root system and organic materials.
1. Soil must be free of root fragments. See 31-20-00 Earthwork.
Clear and grub as required by hand to protect items to be preserved and protected, including but not limited to utilities, trees, and fences.
1. Where vegetation is interwoven into these items, carefully cut vegetation and remove material that can be easily separated, leaving in place vegetation that would damage the items to remain.
2. Provide clean cuts at all vegetation to remain.
3. Ensure plants to remain on protected items are severed from roots and all roots are completely removed.
Stripped material shall be disposed of off-site and in a legal manner unless otherwise noted.
PREPARATION FOR NEW FINISH WORK
Where demolished surfaces are scheduled to receive new finishes, Contractor shall restore such substrate to a condition ready to receive the scheduled new finishes, including grinding or leveling.
DISPOSAL OF MATERIALS
Promptly dispose of demolished and cleared materials. Do not allow materials to accumulate on-site.
NO BURNING OF MATERIALS IS ALLOWED.CLEANING
Upon completion of clearing and grubbing, areas shall be left in a neat, clean condition ready to receive subsequent work.
Fill voids in the land left by Site Clearing work.
1. Grade finished remaining surface to the contours shown, or if not shown, to match the pre-project existing natural contours.
2. Ensure positive drainage
FIELD QUALITY CONTROL
The Engineer will accompany the Contractor before and after performance of work to observe physical condition of existing structures or improvements involved.
MEASUREMENT AND PAYMENT
The contract price paid per square foot for “Clearing and Grubbing” [Bid Item #200] include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved but not limited to removal and disposal of brush, trees, debris, topsoil, rubble, organic material, trash, and other debris as well complete and in place, all as indicated on the plans, specified in the Standard Specifications, these special provisions, and as directed by the Engineer, and no additional compensation will be allowed. 2080
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SECTION 31-10-00– Site Clearing
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The contract lump sum price paid for “Demolition” [Bid Item #201] shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved but not limited in concrete removal, including saw cutting, asphalt removal, concrete removal, plug excavation, fence removal, storm drain removal, drainage structure removal, concrete masonry unit (CMU) wall removal, misc site removal required to complete work, and disposal complete and in place, all as indicated on the plans, specified in the Standard Specifications, these special provisions, and as directed by the Engineer, and no additional compensation will be allowed.
END OF SECTION
2081
City of Richmond Flood Risk Reduction in the Rheem Creek Watershed Technical Provisions
SECTION 31-20-00– Earthwork
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SECTION 31-20-00– EARTHWORK
GENERAL
SUMMARY
Provide labor, material and equipment and services necessary to complete the excavations, recompaction, testing and finish grading as specified and indicated on Drawings.
1. Provide Site Grading, cut, fill and finish.
2. Provide excavation and backfill for filling construction.
3. Preparation for subgrade for slabs, walks, pavements, and landscaping.
4. Provide sub-base course for walks and pavements.
Geotechnical Engineer refers to Owner or Owner’s Representative (O.R.) for the project including the Authority Engineer, associates, or agents.
RELATED SECTIONS
33-40-00 – Stormwater Utilities
32-14-43 – Permeable Unit Pavers
32-16-00 – Curbs, Gutters, Sidewalks and Asphalt Concrete 31-31-00 – Fences and Gates
33-40-01 – Storm Drain Easement Restoration
DEFINITIONS
On-site Material: Soil or earth material obtained from required on-site excavation.
Excavation: Consists of the removal of material encountered to subgrade elevations and the re-use or disposal of materials removed.
Subgrade: The uppermost surface of an excavation or the top surface of a fill or backfill immediately below sub-base, drainage fill, or topsoil materials.
Borrow: Soil material obtained off-site when sufficient approved soil material is not available from excavations.
Base Course: The layer placed between the sub-base and surface pavement in a paving system.
Relative Compaction: In-place dry density of soil expressed as percentage of maximum dry density of same materials, as determined by laboratory test procedure American Society for Testing and Materials (ASTM) D1557.
Subgrade: The uppermost surface of an excavation or the top surface of a fill or backfill immediately below topsoil, rock base course, or drainage fill.
REQUIREMENTS
This work shall be done in accordance with Geotechnical recommendations in Appendix B, Section 19, “Earthwork”, and Section 21, “Erosion Control” of the State Standard Specifications, these Special Provisions, and as directed by the Engineer.
Grades and elevations are to be established with reference to bench marks referenced on Drawings.
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Maintain engineering markers such as monuments, benchmarks and location stakes. If disturbed or destroyed, replace at no cost to the City.
SUBMITTALS
Refer to General Conditions for submittal requirements.
All submittals in this specification package (excluding resubmittals) shall be compiled together and submitted to the O.R. as one package.
Test Reports: Submit following reports for import material directly to Geotechnical Engineer from the Contractor’s testing services:
1. Test reports on borrow material.
2. Density test reports.
3. One optimum moisture-maximum density curve for each type of soil encountered.
Sediment Management Plan
1. Submit 30 days prior to project commencement
2. Outline the delivery and/or disposal locations of excavated sediment. The delivery and/or disposal locations shall be in an upland location away from watercourses, streams, flood plains, or any other water feature that may accumulate or transport project related sediment.
3. If the delivery and/or disposal locations are owned by a party other than the City, then Contractor shall provide the City with written approval from the property owner accepting the sediment.
4. The total cumulative volume of sediment disposed of and/or delivered as part of the project shall not exceed the approximate maximum estimated volume permitted for removal under the CDFW Streambed Alteration Agreement without prior written approval from CDFW.
Submit description of compactors proposed for use when requesting placement of backfill and fill materials in layers greater than 6 inches thick.
Samples:
1. 60-lb. Samples, sealed in airtight containers, of each proposed fill and backfill soil material from on-site or borrow sources.
2. 12-by-12 inch sample of filter fabric.
QUALITY ASSURANCE
Requirements of regulatory agencies:
1. Comply with State of California Business and Transportation Agency, Department of Transportation (Caltrans) Standard Specifications. (C.D.T. Standard Specifications)
2. Comply with State of California Code of Regulations (CCR).
3. Comply with State of California Construction Safety Orders, Latest Edition (CAL/OSHA).
Soil Testing:
1. A geotechnical testing agency, to include testing soil materials proposed for use in the work and for quality control testing during excavation and fill operations. Test results will be distributed. 2083
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Codes and Standards:
1. Perform excavation work in compliance with applicable requirements of authorities having jurisdiction.
2. Storm Water Pollution Prevention and Monitoring Plan
3. Statewide General Permit to Discharge Storm Water associated with construction activity.
Source Quality Control
1. Imported fill shall comply with the testing requirements in the ‘Testing Requirements for Imported Fill’ section below and be inspected by the City Inspector prior to hauling.
2. Proposed imported fill material shall not be imported without prior written approval from the Engineer. Approval will consist of the following:
Provide certification that the material complies with the testing requirements in the ‘Testing Requirements for Imported Fill’ section below.
Provide certification that the material complies with the geotechnical requirements noted for Fill Material.
Material shall be inspected by the Engineer.
3. Testing Requirements for Imported Fill
Soil Analytical Results for Metal EPA Method 6010B (Cam 17 metals).
Soil Analytical Results for Total Petroleum Hydrocarbons by EPA Method 8015M and 8020.
Soil Analytical Results for Volatile Organic Compounds by EPA Method 8260B.
Soil Analytical Results for Semi-Volatile Organic Compounds EPA Method 8270C/PAhs.
Soil Analytical Results for PCBs by EPA Method 8082A.
Soil Analytical Results for Pesticides by EPA Method 8081A.
Soil Analytical Results for Asbestos Polarized Light Microscopy (PLM).
Report shall include a cover letter prepared by a qualified professional summarizing the test results.
Geotechnical Engineering Services:
1. The Inspector of Record (I.O.R.) will be the Owner’s Representative to observing grading observations during preparation offsite, excavation, and compactions of fill materials.
2. Make visits to site to familiarize themselves generally with progress and quality of work.
3. Make field observations and tests to enable them to form opinions regarding adequacy of site preparation, acceptability of fill materials and extent to which earthwork construction and relative compaction comply with specifications requirements.
4. Examine conditions exposed in foundation excavations.
Site Information:
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1. Soil borings and other exploratory operations may be made by Contractor at no cost to the Owner. Submit proposed boring locations for review prior to performing the work.
DELIVERY, STORAGE AND HANDLING
Protect materials of this section before, during and after installation; objects designated to be retained; and the installed work of other trades.
In the event of damage to any of these items, immediately make repairs or replacements necessary to the acceptance of the Owner’s Representative and at no additional cost to the Owner.
Comply with requirements of the Water Pollution Control Drawing necessary to control dust and noise on and near the work caused by operations during performance of the Work.
PROJECT CONDITIONS
Site Information: Review the Geotechnical Report, if available.
Environmental Requirements:
1. When unfavorable weather conditions necessitate interrupting filling and grading operations, prepare areas by compaction of surface and grading to avoid collection of water.
2. Provide adequate temporary drainage to prevent erosion.
3. After interruption, reestablish compaction specified in last layer before resuming work.
4. Protect existing storm drainage system from silt and debris resulting from construction activities. If contamination occurs, remove contamination at no cost to the Owner.
5. Protect existing streams, ditches and storm drain inlets from water-borne soil by means of straw bale dikes, filter fiber dams, or other methods as approved by the Engineer.
Protection of Subgrade: Do not allow equipment to pump or rut subgrade, stripped areas, footing excavations, or other areas prepared for project.
Transport all excess soils materials by legally approved methods to disposal areas.
1. Coordinate with the Owner’s Representative.
2. Sufficient topsoil and fill material shall be retained from the site to complete project requirements.
3. Any additional topsoil and fill requirements shall be the responsibility of the Contractor.
EXISTING UTILITIES
Contact local utility agencies prior to construction. Coordinate with local utility companies and the Owner for shut-off of service lines.
Locate existing underground utilities in the areas of work. If utilities are to remain in place, provide adequate means of protection during excavation operations.
Should uncharted or incorrectly charted piping or other utilities be encountered during excavation, consult the Engineer immediately for directions. 2085
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Cooperate with the Engineer and public and private utility companies in keeping their respective services and facilities in operation.
Repair damaged utilities to the satisfaction of the Geotechnical Engineer.
Do not interrupt existing utilities serving facilities occupied and used by the Owner or others, except when permitted in writing by Engineer and then only after acceptable temporary utility services have been provided.
SEQUENCING AND SCHEDULING
The sequence of operations shall be reviewed by the O.R. prior to commencement of any work.
Coordinate operations with relocation of existing utilities.
PRODUCTS
MATERIALS
General:
1. Fill material will be subject to approval of the Geotechnical Engineer.
2. For approval of imported fill material, notify the Geotechnical Engineer at least 10 days in advance of intention to import material, designated proposed borrow area, and permit the Geotechnical Engineer to sample as necessary from borrow area for purpose of making acceptance tests to prove quality of material.
3. The Geotechnical Engineer’s findings on acceptability shall be final and binding.
4. During grading operations, soil types other than those analyzed in the Geotechnical Report for the project, may be encountered.
5. Consult the Geotechnical Engineer to determine the suitability of these soils.
6. Material shall be generated from below the stripped layer.
7. Soils obtained from on-site excavations, except for materials derived from the stripping operations, are suitable for reuse as fill material, provided that it meets the fill gradation criteria.
Engineered Fill Material: Soil excavated from site or imported conforming to requirements for fill material contained in Geotechnical Report for this project.
1. If no geotechnical report, comply with the following:
A plasticity index not less than 5 nor greater than 12, as determined by ASTM D4318
Shall not contain rocks or lumps over 3-inches in the greatest dimension and not more than 15% (by weight) larger than 2 1/2-inches as determined by ASTM D422
A soil or soil-rock mixture free from organic matter and other deleterious substances.
Soils obtained from on-site excavations, except for materials derived from the stripping operations, are suitable for reuse as fill material, provided that it meets the fill gradation criteria.
Suitable Native Material: Excavated existing site soil material deemed suitable for use as fill or to backfill an excavation.
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1. Suitable Native Material can be used anywhere except for areas that require Engineered Fill.
2. Organic content shall be less than 3 percent by volume, does not contain rock or lumps larger than 6 inches in greatest dimension, has not more than 15 percent of material larger than 2.5 inches, and at least 20 percent passing the No. 200 sieve.
Topsoil: Friable clay loam surface soil found in a depth of not less than 5 inches. Satisfactory topsoil is reasonably free of subsoil, clay lumps, stones and other objects over 2 inches in diameter, and without weeds, roots and other objectionable material.
1. Topsoil shall be in conformance with Section 19-2.03D, “Selected Material” and Section 21.1.02D, “Topsoil” of the State Standard Specifications.
2. Imported Topsoil (if required)
Imported Topsoil shall consist of fertile, friable soil of loamy character that contains organic matter in the amounts natural to the region and be capable of sustaining healthy plant life. Imported topsoil shall be sized, coarse sand, heavy or stiff clay, brush, sticks, grasses, roots, noxious weed seed, weeds, and other substances detrimental to plant, animal or human health.
A Certificate of Compliance shall be furnished as specified in Section 6-01, “Certificates of Compliance” of the State Standard Specification for the Import Topsoil.
Furnish each subsoil material from single source throughout the Work.
3. Topsoil properties must be compatible with list of plants proposed to be installed.
4. Topsoil may be used:
For the top 2 feet of fill in areas less than three horizontal to one vertical Where noted on plans.
5. Topsoil may not be used:
Under paving and sidewalks.
6. Confirm suitability of stockpiled materials.
Graded Rock Base:
1. Bedding for Utility Piping: Washed, uniformly graded mineral aggregate ASTM D448 with percentage composition of dry weight conforming with following limits:
Passing 1-inch Sieve: 100 percent.
Passing 3/4-inch Sieve: 90-100 percent.
Passing No. 4 Sieve: 0-10 percent.
2. Absorption of water to saturated-surface dry condition shall not exceed 3 percent of oven-dry weight of a sample.
Water: Clean and free from deleterious amounts of acids, alkalis, salts and organic matter. 2087
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EXECUTION
GENERAL
Contractor shall strip all areas to be filled. Refer to SECTION 31 10 00 SITE CLEARING for vegetation removal requirements.
Proper moisture content of fill shall be maintained by adding water or dried by appropriate methods as required.
Scarify top 6 inches of all areas to receive fill and re-compact to specified relative compaction.
Contractor shall place fill in lifts not greater than 8-inches in uncompacted thickness, brought to proper moisture content, and compacted to the specified relative compaction.
For locations where the fill slope is over five (5) feet high, an intermediate bench shall be excavated into the stripped surface, located at approximately mid-height of the slope. The bench shall be at least three (3) feet wide into competent material.
All open excavations 5 feet or greater in depth shall be constructed with bracing, sheeting, shoring, or other equivalent method designed for the protection of life and limb in accordance to Section 6705 of the State Labor Code.
The excavations and support system shall comply in all respects with the requirements of Article 6, of the Construction Safety Orders of the Division of Industrial Safety.
If unsatisfactory soil is present and/or not firm and unyielding, continue excavation and replace with compacted backfill or Engineered Fill Material as directed.
GRADING
General: Uniformly grade areas of work including adjacent transition areas. Smooth finished surface within specified tolerances, compact with uniform levels or slopes between points where elevations are shown, or between such points and existing grades.
Grading Outside Building Lines:
1. Grade areas adjacent to building lines to drain away from structures and to prevent ponding.
2. Finish surfaces free from irregular surface changes.
Grading Tolerances:
1. Excavations shall not exceed 0.10-foot variation from dimensions and elevations shown or noted, unless otherwise approved by O.R.
2. Fill and backfill shall be placed with tolerance of plus or minus 0.10 foot if placed in layers.
3. Grading shall be done within plus or minus 0.10 foot typically; areas under slabs, walks or pavements shall be graded within tolerance of 0 to 0.1 foot.
4. Walks and Pavers: Shape surface of areas under walks to line, grade and crosssection, with finish surface not more than 0.1 foot above or below required subgrade elevation.
5. Pavements: Shape surface of areas under pavement to line, grade and cross-section, with finish surface below required subgrade elevation. 2088
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Compaction: After grading, compact subgrade surfaces to the depth and percentage of maximum density for each area classification.
COMPACTING
Compact by power tamping, rolling or combinations thereof as accepted by the Geotechnical Engineer.
1. Where impractical to use rollers in close proximity to walls, stairs, etc., compact by mechanical tamping.
2. Scarify and recompact any layer not attaining compaction until required density is obtained.
Compaction by flooding, ponding or jetting will not be permitted.
Minimum relative compactions shall be as follows, unless otherwise noted on the plans.
1. The top two (2) feet of soil placed below aggregate base rock or pavement shall be compacted to 95% relative compaction.
2. Soil placed on slopes steeper than three horizontal to one vertical shall be compacted to 95% relative compaction.
3. Soil placed in areas dedicated to new planting shall be compacted to 85% relative compaction.
4. All other soil shall be compacted to 90% relative compaction.
Concrete Work
1. Excavation for concrete work shall be carefully made, true to the grades and elevations shown on the plans. Excavations shall be kept free from standing water.
EXISTING UTILITIES
Protect existing utilities that are to remain in operation as specified.
Demolish and completely remove from the site existing underground utilities indicated to be removed and backfilled with engineering fill and backfill shall be tested during placement.
Movement of construction machinery and equipment over existing pipes and utilities during construction shall be at Contractors risk and all cost shall be borne by the Contractor for any damage of any underground utilities.
Excavation made with power-driven equipment is not permitted within 2 feet of any known utility or subsurface structure.
1. Use hand or light equipment for excavating immediately adjacent to or for excavations exposing a utility or buried structure.
2. Start hand or light equipment excavation on each side of the indicated obstruction and continue until the obstruction is uncovered or until clearance for the new grade is assured.
3. Support uncovered lines or other existing work affected by excavation until approval for backfill is obtained.
4. Report damage of utility line or subsurface structures immediately to the Owner and Engineer.
5. Expansive fill materials shall be compacted to 88 and 92 relative compaction. 2089
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FIELD QUALITY CONTROL
Site Tests: Relative compaction shall be determined by ASTM Test Method D1557. Field density test shall be performed with ASTM Test Designation D2922 and D3017 (Nuclear Probe Method).
MEASUREMENT AND PAYMENT
The contract price cubic yard paid for “Channel Excavation” [Bid Item #300] shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved but not limited in earthwork excavation of the channel, and removal and offhaul of dirt as indicated on the plans, specified in the Standard Specifications, these special provisions, and as directed by the Engineer, and no additional compensation will be allowed.
The contract price cubic yard paid for “Culvert Excavation” [Bid Item #301] shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved but not limited in earthwork excavation from within the interior of the Fordham culvert, including removal and offhaul of dirt associated with this work as indicated on the plans, specified in the Standard Specifications, these special provisions, and as directed by the Engineer, and no additional compensation will be allowed.
END OF SECTION
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City of Richmond Flood Risk Reduction in the Rheem Creek Watershed Technical Provisions
SECTION 31-23-19– DEWATERING
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SECTION 31-23-19– DEWATERING
GENERAL
SUMMARY
The General Conditions and the Supplementary Conditions shall apply to all of the work of every Section or Subsection of these specifications as if fully repeated in each.
Summary of work: Provide all material, labor and equipment necessary to complete all work as shown on the drawings and as specified herein, including, but not limited to, the following:
1. Dewatering
2. Clear water diversion
QUALITY ASSURANCE
The Contractor shall include, at minimum, all the elements necessary for furnishing, installing, operating, and maintaining the dewatering system The Contractor shall employ materials, equipment, and construction methods commonly used and proven as suitable for the duration of construction dewatering. The Contractor shall provide submittals and/or product data that demonstrate the suitability of the materials and equipment proposed for use on these systems.
The contractor shall be solely responsible for dewatering excavations and subsequent control of creek flow and ground water.
Contractor shall provide and maintain the creek bypasses and dewatering, silt fences, fiber rolls or other equipment as may be necessary to control the creek flow, ground water and seepage, in accordance with the requirements of the Fish and Wildlife permit, the Corps of Engineer permit and geotechnical report and to the satisfaction of the Engineer.
The creek bypass and dewatering system shall be in accordance with the requirements of the California Department of Fish and Wildlife permit, the US Army Corps of Engineer permit, the Regional Water Quality Control Board Permit, and the WPCP.
SUBMITTALS
Water Diversion. If flowing water is present or reasonably anticipated, the Contractor shall submit to the City a Dewatering Plan
Contractor must accommodate 45 days for review and acceptance by the City and CDFW prior to any dewatering.
At minimum, the Dewatering Plans shall include:
1. The contractor shall provide a detailed Creek Bypass and Dewatering Plan designed by a Licensed Civil Engineer.
2. A written narrative describing the methods and equipment for Dewatering the project site, regarding:
The capture and relocation of aquatic life
Filters and sediment control
Screening of pumps
Pump sizing calculations
Cofferdams
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Maintenance operations and schedule
Procedures for dewatering equipment removal
3. Scaled plan showing:
The layout of dewatering equipment
Sizes and quantities of pumps, lines, instruments, and materials
PRODUCTS
GRAVEL BAGS
Bags must be filled with clean gravel. Sand filled bags are not acceptable.
WATER BARRIER
The material shall be suitable for use as protective liner and shall be commercial quality polyethylene with a minimum thickness of 0.25 mm.
All plastic sheeting shall be non-brittle and free of cracks or other defects adversely affecting the protective characteristic of the material.
EXECUTION
GENERAL
The design of these facilities is the sole responsibility of the Contractor.
A schematic creek bypass plan is shown on the plans for the Contractor’s consideration of a possible option for bypassing the existing creek flows. The Contractor shall modify as necessary to do his work.
The Contractor shall not commence diversion or dewatering activities without explicit written approval of the Dewatering Plan from CDFW.
The Contractor shall furnish and maintain on site sufficient power-generating and other equipment and materials to ensure successful continuous operation of the dewatering system.
The contractor shall, at all times have sufficient pumping equipment available for immediate use including standby pumps for use in case other pumps become inoperable. Water shall be disposed of so as to be compliant with the law, and so it does not cause injury to public or private property or be a menace to the public health.
The Contractor’s dewatering system shall be designed to prevent fines from the disturbing materials exposed at the excavation bottom. Attention is directed to other related sections in the specifications.
Excavations must be dewatered
Contractor shall re-direct surface flows around or through the project site and project activities shall be isolated from the surface flows in accordance with the dewatering plan.
1. To isolate the project site, water-tight cofferdams shall be constructed upstream and downstream of the area to be disturbed.
2. Surface flow shall be diverted through a suitably sized pipe and returned to the downstream area as close to the lower cofferdam as feasible. All surface flows shall be redirected around the project area and returned to the channel downstream of project activities.
3. Extraction of surface flows for any purpose is not authorized. 2092
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4. Cofferdams or water diversions that fail for any reason shall be repaired or replaced immediately, and Permittee shall contact CDFW by email accordingly.
5. Sediment-laden water from dewatering shall be held in a settling container, processed in a decantation tank, or discharged in an upland location where it will not drain directly into surface water bodies.
Disposal of water through dewatering operations shall conform to the requirements of the Contract Documents and State and Federal Law.
6. Pump Screens: The suction end of intake pipes shall be fitted with fish screens meeting CDFW criteria to prevent entrainment or impingement of small fish. CDFW fish screen criteria can be found in the California Salmonid Stream Restoration Manual’s Appendix S.
7. When bypassing creek waters around the project site, flows downstream of the dewatered area shall be maintained at the same rate and volume as unimpeded flows upstream at all times.
CONSTRUCTION
Discharge piping shall be designed and installed in a manner which minimizes impacts to excavation or construction activities. Discharge points shall be reviewed by the City.
Pump: The Contractor shall take reasonable precautions to ensure successful operation of the dewatering system. The Contractor shall install, operate, and maintain dikes, ditches, sumps, pumps, and discharge piping as necessary for controlling surface water so as to prevent flooding of the work area.
Remove dewatering system immediately following the completion of in-channel work. Cofferdams shall be removed no later than October 15 and Contractor shall restore the low flow channel to baseline conditions.
CLEANING
Upon completion of dewatering, areas shall be left in a neat, clean condition ready to receive subsequent work.
MEASUREMENT AND PAYMENT
The contract lump sum price paid for “Dewatering” [Bid Item #202] shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work but not limited to dewater the work area complete in place including cofferdams, plastic sheeting, sandbags, temporary culverts, and dewatering plan as shown on the plans, as specified in the Standard Specifications and these Special provisions, and as directed by the Engineer
END OF SECTION
2093
City of Richmond Flood Risk Reduction in the Rheem Creek Watershed Technical Provisions
SECTION 31-25-00– SHEET MULCH
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SECTION 31-25-00– SHEET MULCH
GENERAL
SUMMARY
This Section specifies sheet mulch, including preparation and installation, of cardboard, and mulch
DEFINITIONS
Owner refers to the City of Richmond, which is the lead agency. Owner or Owner's Representative (O.R.) for the project refers to the City engineer, associates, or agents.
Soil Bioengineering: Use of native plants and organic materials to stabilize slopes and creek channel and floodplain areas. Includes the use of coir fabric, coir wattles, live cuttings, and seeding.
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, including planting.
Fabric: Coir, 100% biodegradable coconut fiber erosion control fabric devoid of any plastic mesh.
Fiber Roll (or Wattle): Erosion control “log” or “roll” made of 100% biodegradable coir fabric without plastic mesh. Wattles with plastic mesh will not be accepted.
Native Soil: Existing site soil
SUBMITTALS
Data and samples of Products specified in this Provision Provide certification of compliance for Products
On-site Mock-up of sheet mulch
Contractor Experience in Public Sector Soil Bioengineering projects
QUALITY ASSURANCE
On-site Mock-up must be reviewed and approved prior to commencement of sheet mulch installation. Mock-up most be reworked as required until O.R. approves that it meets the conditions of the plans and specifications.
WARRANTY
Contractor shall warranty all Sheet Mulch work for 4 months after substantial completion.
PRODUCTS
SHEET MULCH
Fiber Roll: Erosion control “log” or “roll” made of 100% biodegradable coir and jute fabric without any metal or plastic mesh. Filling shall be 100% Weed free, sterile California State Rice Straw. Plastic mesh in fiber rolls will not be acceptable even for temporary use.
1. 8-inch diameter, min.
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2. Comply with Section 21-2.02P, “Fiber Rolls,” of the State Standard Specifications.
Cardboard: Heavyweight weed guard paper or cardboard, 100% biodegradable
1. Free of staples, tape, and labels
Mulch: weed-free mulch from recycled trees; shredded with chips no larger than 3-inches in length and 1-1/2 inches in width. Species can include buckeye, oak, redwood cottonwood, pine, and willow. Mulch most not contain acacia, plum (prunus) or other weedy and invasive species.
1. Treeincarnation Premium, All-Wood Mulch, from Greenwaste Recycle Yard, or approved equal.
2. Mulch shall be in conformance with Section 20, “Landscape” and Section 21, “Erosion Control” of the State Standard Specifications
EXECUTION
GENERAL
Ensure all work in area designated for Sheet Mulch shall be complete prior to implementing Sheet Mulch. Work includes but is not limited to clearing and grubbing and grading. Provide O.R. with work schedule for review and approval prior to initiating work.
Install Sheet Mulch per Plans.
INSTALL CARDBOARD
Cut cardboard as required to fit within areas to receive sheet mulch Overlap 4-inches minimum
Ensure seams between cardboard layers do not align
Shingle cardboard with downstream cardboard under upstream cardboard to prevent high creek flows from ripping out cardboard.
Tuck cardboard into fiber roll
Avoid stepping on the cardboard
INSTALL MULCH
Use fiber roll to contain mulch at downslope end
Install per depth shown on plans
CLEAN-UP
Keep project site free from accumulation of debris resulting from work specified in this section.
Immediately remove dirt, debris 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.
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The following progress inspections are required:
1. On-site Mock-up of Sheet Mulch treatment prior to installation
ACCEPTANCE
Sheet Mulch treatments will be accepted provided all plan and specification requirements have been complied with.
MEASUREMENT AND PAYMENT
The contract t price paid each for “Sheet Mulch” [Bid Item #302] shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in but not limited to installing sheet mulch complete and in place, all as indicated on the plans, specified in the Standard Specifications, these special provisions, and as directed by the Engineer, and no additional compensation will be allowed.
END OF SECTION
2096
City of Richmond Flood Risk Reduction in the Rheem Creek Watershed Technical Provision
SECTION 32-14-43 PERMEABLE UNIT PAVERS
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SECTION 32-14-43 PERMEABLE UNIT PAVERS
GENERAL
SUMMARY
This section Includes:
1. Permeable/Porous Unit Pavers
2. Joint Filter Aggregate
3. Pavement Base
4. Edge Restraints
STANDARDS AND CODES
Reference Standards: This section incorporates by reference the latest version of the following documents. These references are a part of this section as specified and modified.
Reference Title
Caltrans Standard Specifications
ASTM C67 Standard Test Methods for Sampling and Testing Concrete Masonry Units and Related Units ASTM C13 Standard Test Method for Resistance to Degradation of SmallSize Coarse Aggregate by Abrasion and Impact in the Los Angeles Machine ASTM C136 Method for Sieve Analysis for Fine and Coarse Aggregate ASTM C140 Standard Test Methods for Sampling and Testing Concrete Masonry Units and Related Units ASTM D448 Standard Classification for Sizes of Aggregate for Road and Bridge Construction
ASTM C936 Standard Specification for Solid Interlocking Concrete Pavers ASTM C979 Specification for Pigments for Integrally Colored Concrete ASTM C1781 Standard Test Method for Surface Infiltration Rate of Permeable Unit Pavement Systems
ASTM E2835 Standard Test Method for Measuring Deflections using a Portable Impulse Plate Load Test Device
SUBMITTALS
Bid Submittals: The Contractor shall submit to the Owner the following as part of the bid proposal:
1. Paver Installation Subcontractor (if applicable):
A copy of Subcontractor’s current certificate from the Interlocking Concrete Pavement Institute’s (ICPI) Concrete Paver Installer Certification program.
Job references from three (3) projects of a similar size and complexity. Provide Owner/Client/General Contractor names, postal address, phone number, and email address.
Product data sheets for unit pavers and geotextiles.
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Laboratory test reports certifying compliance of the concrete pavers with ASTM C936.
Manufacturer’s certification of concrete pavers by ICPI as having met applicable ASTM standards.
QUALITY CONTROL AND QUALITY ASSURANCE
Acceptance
1. The surface elevation of pavers shall be 1/8 to 1/4 inch (3 to 6 mm) above adjacent drainage inlets, concrete collars or channels.
2. Lippage: No greater than 1/8 inch (3 mm) difference in height between adjacent pavers.
3. Bond lines for paver courses shall be within ½ inch (± 15 mm) over a 50-foot (15 m) string line.
4. The final surface tolerance of compacted pavers shall not deviate more than ± 3/8 inch (10 mm) under a 10-foot (3 m) long straightedge.
DELIVERY, STORAGE, AND HANDLING
Comply with manufacturer’s ordering instructions and lead-time requirements to avoid construction delays.
Delivery: Deliver materials in manufacturer’s original, unopened, undamaged container packaging with identification tags intact on each paver bundle.
1. Coordinate delivery and paving schedule to minimize interference with normal use of buildings adjacent to paving.
2. Deliver concrete pavers to the site in steel banded, plastic banded, or plastic wrapped cubes capable of transfer by forklift or clamp lift.
Unload pavers at job site in such a manner that no damage occurs to the product or existing construction.
Storage and Protection: Store materials in a protected area such that they are kept free from mud, dirt, and other foreign materials.
PRODUCTS
PERMEABLE UNIT PAVERS
Hydra Paver by Techo-Bloc or approved equal.
Color: Shale Grey
Permeable Joint Material
1. The joint material typically consists of angular ASTM No. 8, 89 or 9 stone. The permeable joints allow stormwater to infiltrate through joints in the pavement surface.
Open-graded bedding course
1. 2-inch thick lift as a setting bed for the pavers. It consists of small-sized, opengraded angular aggregate, typically ASTM No. 8 stone or similar sized material.
Open-graded base reservoir
1. Permeable material shall conform to the provisions of Section 68-2.02F, "Permeable Material," of the Standard Specifications. The permeable material shall conform to the grading requirements for Class 2, permeable material and must consist of washed angular crushed stone.
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SECTION 32-14-43 PERMEABLE UNIT PAVERS
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EXECUTION
SUBGRADE PREPARATION AND PROTECTION
Construct smooth, planer subgrade to +/-1/2-inch of the grades and slopes specified on the Plans.
Grading of subgrade shall be with low ground pressure equipment when within six (6) inches of final subgrade elevation.
Compact subgrade to 90 percent (+/- 2 percent) of the maximum dry density per standard Proctor test (ASTM D698), or as directed by the Geotechnical Engineer. Determination of in-place density shall be made using a nuclear gauge per ASTM D6939.
Areas of the subgrade which are over-compacted, as determined by the Geotechnical Engineer, shall be ripped/tilled to a depth of 12 inches (minimum) or as directed by the Geotechnical Engineer and shall be recompacted. Contractor shall locate all utilities within pavement footprint prior to ripping and re-compacting subgrade.
After compaction and proof roll, scarify subgrade ¼- to ½-inch deep by hand rake. Once scarified, materials or equipment shall not be permitted within the prepared subgrade area so as to avoid recompaction or clogging of the scarified subgrade.
The subgrade shall be protected from over-compaction or contamination by silty run-off or other contaminants.
1. Provide physical barriers or direct traffic to eliminate unnecessary vehicular traffic on the subgrade during construction.
2. Provide flow diversion and erosion control measures to protect the permeable pavement area from sedimentation until the upstream catchment area is thoroughly stabilized.
Areas of subgrade over-compacted by construction traffic or other impacts by the Contractor or Subcontractors shall be ripped/tilled and re-compacted. All work and materials required to correct the over-compacted subgrade, including utility locates within the pavement footprint, shall be at the Contractor’s expense.
Areas of subgrade contaminated by the accumulation of silty material following rains or other debris or contamination shall be removed and disposed at the Contractor’s expense.
The subgrade shall be inspected and accepted by the Engineer prior to placement of the geotextile or pavement base.
PAVEMENT BASE
Construct pavement base to the lines, grades, and thicknesses shown on the Plans.
Place the pavement base so as to prevent loaded dump trucks from driving directly on the prepared subgrade.
Compact pavement base, in six (6)-inch (maximum) lifts, by making a minimum of three passes over the pavement base material with a ten (10)-ton vibratory roller, or as directed by the Geotechnical Engineer. The first two (2) passes (minimum) shall be in vibratory mode. The final pass shall be in static mode. Acceptance of the pavement base will be based on Engineer’s observation of aggregate movement during final compaction pass.
Compaction equipment shall be accepted by the Engineer prior to use.
Pavement base shall be true to the designed grade and slope, +/- 0.05 feet, after compaction for each layer. In the event of low spots, additional material shall be added and recompacted. In the event of high spots, excess material shall be removed and the area recompacted. 2099
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SECTION 32-14-43 PERMEABLE UNIT PAVERS
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Pavement base materials shall be protected from over-compaction or contamination by silty run-off or other contaminants.
1. Provide physical barriers or direct traffic to eliminate unnecessary vehicular traffic on the pavement base during construction.
2. Do not subject placed and compacted gravel leveling course to any pedestrian or vehicular traffic before unit paver installation begins.
3. Provide flow diversion and erosion control measures to protect the permeable pavement area from sedimentation until the upstream catchment area is thoroughly stabilized.
Any damage to the pavement base (including contamination by silty run-off) shall be repaired to the satisfaction of the Engineer at the Contractor’s expense. Contaminated pavement base shall be removed and replaced to the limits as determined by the Engineer.
The pavement base shall be inspected and accepted by the Engineer prior to placing any pavers.
PAVERS AND JOINT/OPENING FILL MATERIAL
Lay the unit pavers in the pattern(s) and joint widths shown on the Plans. Maintain straight pattern lines.
Fill gaps at the edges of the paved area with cut units. Cut pavers subject to tire traffic shall be no smaller than 1/3 of a whole unit.
Cut pavers and place along the edges with a double-bladed splitter or masonry saw.
Fill all openings and joints with joint filler aggregate Remove excess aggregate on the surface by sweeping pavers clean.
Compact and seat the pavers into the bedding material using a low-amplitude, 75 to 90 Hz plate compactor capable of at least 5,000 lbf (22 kN). This will require at least two passes with the plate compactor.
Do not compact within 6 feet (2 m) of the unrestrained edges of unit pavers.
Apply additional joint filler aggregate to the openings and joints if needed, filling them completely. Remove excess aggregate by sweeping, then compact the pavers. This will require at least two passes with the plate compactor.
All pavers within 6 feet (2 m) of the laying face must be left fully compacted and joints must be filled at the completion of each working day.
Compacted unit pavers shall meet the acceptance criteria set forth in 31-20-00 Earthwork
EDGE RESTRAINT
Install aluminum or steel edge restraint per manufacturers recommendation where not held by sidewalk or curbing
Ensure any edge restraint is held 1-inch minimum below top of paver Hold finish grade of planting area flush with pavers
PROTECTION OF PAVEMENT
Pavement surface shall be kept clean and free of clogging debris and soils from the Contractor’s operations and all upstream and adjacent debris. If debris or soils contaminate the pavers/joints, the pavement shall be cleaned at the Contractor’s expense and to the satisfaction of the Engineer. If pavement cannot be unclogged, it shall be removed and replaced at the Contractor’s expense and to the satisfaction of the Engineer. 2100
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SECTION 32-14-43 PERMEABLE UNIT PAVERS
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Paver installation (Sub) Contractor shall return to the site after 6 months from the completion of the Work and provide the following as needed to fully meet the specifications described herein: fill paver joints with stones, replace broken or cracked pavers, and re-level settled pavers to initial elevations. Any additional work shall be considered part of the original bid price and with no additional compensation.
REJECTION
Pavers that do not meet the acceptance criteria set forth in these specifications will be rejected by the Engineer on a lot by lot basis. Permeable/porous unit pavers that have been rejected by the Engineer or the Contractor shall be removed and replaced at no additional cost to the Owner.
MEASUREMENT AND PAYMENT
The contract price paid per square footage for “Permeable Unit Pavers” [Bid Item #303] shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in but not limited to installation of permeable unit pavers complete and in place, all as indicated on the plans, specified in the Standard Specifications, these special provisions, and as directed by the Engineer, and no additional compensation will be allowed.
END OF SECTION
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SECTION 32-16-00 – Curbs, gutters, sidewalks and asphalt concrete 1 of 3
SECTION 32-16-00 – CURBS, GUTTERS, SIDEWALKS AND ASPHALT CONCRETE
GENERAL
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 Sections 19, 39, 51-7and 73 of the 2018 Caltrans Standards Specifications unless otherwise specified herein or as shown on the plans.
This Section includes specifications for constructing the following site work:
1. Replacing Curb and Gutters
2. Replacing Sidewalks
3. Restoring asphalt concrete pavement
Related Sections include the following:
1. 31-20-00 Earthwork
2. 31-10-00 Site Clearing
DEFINITIONS
State Standard Specifications are defined as the 2018 Caltrans Standard Specifications.
Hot mix asphalt (HMA) is defined as asphalt concrete pavement.
APPLICABLE STANDARDS AND SPECIFICATIONS
2018 Caltrans Standard Specifications
Contra Costa County Standard Plans
REFERENCES
State Standard Specification:
1. Section 39 Asphalt Concrete.
2. Section 92 Asphalt Binder.
3. Section 94 Asphaltic Emulsions
American Association of State Highway and Transportation Officials: (AASHTO)
1. AASHTO M17 - Standard Specification for Mineral Filler for Bituminous Paving Mixtures.
2. AASHTO M29 - Standard Specification for Fine Aggregate for Bituminous Paving Mixtures.
3. AASHTO M140 - Standard Specification for Emulsified Asphalt.
4. AASHTO M208 - Standard Specification for Cationic Emulsified Asphalt.
5. AASHTO M320 - Standard Specification for Performance-Graded Asphalt Binder.
6. AASHTO M324 - Standard Specification for Joint and Crack Sealants, Hot Applied, for Concrete and Asphalt Pavements.
7. AASHTO MP1a - Standard Specification for Performance-Graded Asphalt Binder. 2102
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SECTION 32-16-00 – Curbs, gutters, sidewalks and asphalt concrete 2 of 3
8. AASHTO T283-14 – Standard Method of Test for Resistance of Compacted Asphalt Mixtures to Moisture-Induced Damage.
9. AASHTO T324 (Modified) -Hamburg Wheel-Track Testing of Compacted Hot Mix Asphalt (HMA).
ASPHALT INSTITUTE:
AI MS-2 - Mix Design Methods for Asphalt Concrete and Other Hot- Mix Types.
AI MS-19 - Basic Asphalt Emulsion Manual.
SUBMITTALS
Submit certificate of compliance for Portland Cement Concrete.
Submit Concrete mix design to the Engineer at least 5 working days prior to the start of the work.
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.
Maximum aggregate size for Hot Mix Asphalt must be less than ¾-in.
PRODUCTS
GENERAL
HMA must be supplied from a Caltrans approved supplier.
Portland Cement Concrete must be supplied from a Caltrans approved supplier.
1. Portland cement concrete used for all concrete structures shall be 6 sack mix using 1” maximum size aggregate, 5” maximum slump and 2,500 PSI minimum. All noncolored concrete shall have 1 pound of lamp black added to the mix, during mixing, for every cubic yard of concrete. Additional cement is permitted to obtain high early strength in concrete except that total cement shall not exceed 700 pounds of cement per cubic yard unless otherwise approved by the City Engineer
EXECUTION
REMOVE EXISTING CURB, SIDEWALK, AND ASPHALT CONCRETE
Sawcut existing curb and sidewalk at nearest construction joint to the leave neat vertical surface and remove entire section. Clean vertical face of exposed sidewalk or curb prior to placement of new curb and sidewalk.
Sawcut and remove existing asphalt concrete pavement 5-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. Grade new HMA to drain to new inlet.
Legally dispose of all excavated cement concrete, reinforcement, and asphalt concrete pavement material off-site.
PLACING NEW CURB, GUTTER, AND SIDEWALK
Excavation and subgrade preparation for curb, gutter, sidewalk, and HMA patch must conform to Section 19 of the State Standard Specifications.
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. 2103
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SECTION 32-16-00 – Curbs, gutters, sidewalks and asphalt concrete 3 of 3
Compact subgrade to 95% relative compaction.
All new concrete driveway, landing, and curb shall be doweled and epoxied into the existing concrete. A minimum of 4” Class 2 aggregate base shall be placed and compacted in conformance with these Technical Provisions.
All concrete shall be cured by the curing compound method. The curing compound shall be the clear or translucent type containing a fugitive dye conforming to the requirements of ASTM Designation: C 309, Type 1‑D, Class A. The loss of water when tested in accordance with California Test 534, shall not be more than 0.15 kg/m2 in 24 hours nor more than
0.45 kg/m2 in 72 hours. The curing compound shall be applied at the approximate rate of one gallon per 150 square feet of area. The curing compound shall be applied in a manner that will provide a complete coating of all exposed faces of the concrete surface.
PLACING NEW ASPHALT CONCRETE PAVEMENT PATCH
Excavation and subgrade preparation for HMA placement must conform to the provisions specified in Section 19 of the State Standard Specifications.
Clean all vertical edges of loose material and coat with tack coat prior to placement of new HMA. Seal surface of joint with tack coat and then cover with find sand to prevent tracking.
MEARUREMENT AND PAYMENT
The contract lump sum price paid for “Curbs, Gutters, Sidewalks, Miscellaneous Concrete and AC” [Bid Item #304] shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in but not limited to curb & gutter, sidewalks, asphalt concrete including minor concrete, hot mix asphalt (HMA), doweling and epoxy, concrete curing compound, class 2 aggregate under pavements, and disposal complete and in place, all as indicated on the plans, specified in the Standard Specifications, these special provisions, and as directed by the Engineer, and no additional compensation will be allowed.
All landscape restoration including the restoration of any landscaping, irrigation, hardscape shall be included in the price paid for the various contract items of work involved and no additional compensation will be allowed therefor.
END OF SECTION
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SECTION 32-31-00– Fences and Gates
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SECTION 32-31-00– FENCES AND GATES
GENERAL
SUMMARY
Provide labor, material and equipment required for installing chain link fence and gates as shown on plans
SUBMITTALS
Materials list noting fabric, post, fasteners, finish as required to install chain link fence and gates.
Submit a certificate of compliance for posts and braces that includes the information specified in ASTM F1043, section 9, "Quality Control Provisions."
QUALITY ASSURANCE
Comply with the 80-3 Chain Link and 80-10 Gates of the 2018 State Standard Specifications.
The contractor shall provide laborers and supervisors who are thoroughly familiar with the type of construction involved and materials and techniques specified.
PRODUCTS
CHAIN LINK FENCE AND GATES
Provide fences and gates from one manufacturer.
Style and height must match existing fence
GUARDRAIL AND GUARDRAIL GATES
The manufacturer shall supply a total fence system. The system shall include all components (i.e. panels, posts, gates, and hardware) required.
Guardrail: Montage Plus 3” air space Welded and Rackable Ornamental Steel, Majestic design, extended picket bottom rail treatment, 2-rail style manufactured by Ameristar Fence Products, Inc., or approved equal
Gate: Montage Plus 3” air space Ornamental Steel, Majestic design, extended picket bottom rail treatment, 2-rail style Single Swing Gates manufactured by Ameristar Fence Products, Inc., or approved equal
EMBEDDED ANCHORS
Embedded anchors shall be steel bolts or all-thread conforming to ASTM F1554 and shall be hot-dip galvanized.
EPOXY
Epoxy used to secure embedded anchors into existing concrete shall be Hilti HIT-RE 500 or approved equal.
EXECUTION
GENERAL
Install straight and true, and posts plumb
Align with existing fences
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CHAIN LINK FENCE AND GATES
Chain link fence and gates must conform to Section 80-3 of the State Standard Specifications.
GUARDRAIL AND GATE
Ensure gap between installed guardrail and gate and existing fence and walls is less than 4”.
All new installation shall be laid out by the contractor in accordance with the construction plans.
Fence post shall be 2.5” x 16 gauge, spaced 95”, plus or minus ¼”. For installations that must be raked to follow sloping grades, the post spacing dimension must be measured along the grade. Fence panels shall be attached to posts with Montage Plus Universal (BB112) brackets supplied by the manufacturer.
When cutting/drilling rails or posts adhere to the following steps to seal the exposed steel surfaces:
1. Remove all metal shavings from cut area
2. Apply zinc-rich primer to thoroughly cover cut edge and/or drilled hole; let dry
3. Apply 2 coats of custom finish paint matching fence color.
Failure to seal exposed surfaces per steps 1-3 above will negate warranty. Use of non-Ameristar parts or components will negate the manufactures’ warranty.
Gate posts shall be 3” x 12 gauge, spaced according to the manufacturers’ gate drawings, dependent on standard out-to-out gate leaf dimensions and gate hardware selected.
Type and quantity of gate hinges shall be based on the application; weight, height, and number of gate cycles. The manufacturers’ gate drawings identify the necessary gate hardware required for the application. Gate hardware shall be provided by the manufacturer of the gate and shall be installed per manufacturer’s recommendations.
EPOXY
When rebar dowels or all-thread anchors are required to be secured into existing concrete, the following procedure shall be followed:
1. Drill hole to the diameter and depth indicated. If not indicated, the diameter shall be 1/8" larger than the diameter of the dowel or anchor. The depth shall be ten times the diameter of the anchor.
2. Thoroughly clean the hole by blowing it out with compressed air and by using a wire brush.
3. Place the epoxy in the hole using a dispensing tool provided by, or recommended by the manufacturer. Fill the hole with epoxy.
4. Place the dowel or anchor in the hole and allow the epoxy to completely cure before disturbing the dowel or anchor.
5. Refer to manufacturer's instructions for mixing, pot life, placement and curing.
MEASUREMENT AND PAYMENT
The contract price paid per linear foot for “Chain Link Fence” [Bid Item #305] shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and 2106
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for doing all work involved in but not limited to footings, chain link fence and gates installation as indicated on the plans, specified in the Standard Specifications, these special provisions, and as directed by the Engineer, and no additional compensation will be allowed.
The contract price paid per linear foot for “Guardrail” [Bid Item #306] shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in but not limited to footings and guardrail installation as indicated on the plans, specified in the Standard Specifications, these special provisions, and as directed by the Engineer, and no additional compensation will be allowed.
The contract price paid per each for “Guardrail Gate” [Bid Item #307] shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in but not limited to footings and guardrail gate installation as indicated on the plans, specified in the Standard Specifications, these special provisions, and as directed by the Engineer, and no additional compensation will be allowed.
END OF SECTION
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SECTION 33-40-00 Stormwater Utilities
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SECTION 33-40-00 STORMWATER UTILITIES
GENERAL
SUMMARY
This Section provides provisions for constructing the installation of stormwater utilities including the following work:
1. Removal of existing drainage inlets and conveyance pipes.
2. Providing and installing new drainage inlets and conveyance pipes.
3. Constructing outfall protection.
RELATED SECTIONS
31-20-00 – Earthwork
33-40-01 – Storm Drain Easement Restoration
STANDARDS AND CODES
2018 Caltrans Standard Specifications.
DEFINITIONS
Standard Specifications is defined as the 2018 Caltrans Standard Specifications.
HDPE: High Density Polyethylene.
SUBMITTALS
Submit certificate of compliance or product cut sheet for the following items.
1. Precast Drainage Inlet
2. HDPE Storm Drain Pipe
3. Class 2 Aggregate Base
4. Class 2 Permeable Material
5. Class 1 Rock Slope Protection (RSP)
6. Connector Pipe Screen
QUALITY ASSURANCE
Video Inspection: Make a 360-degree inspection, video, and photographic record of each joint and lateral joint of installed drainage structures and pipe
1. Provide digital recordings to Engineer
Perform Field Leakage Test per State Standard Specifications section 61-2.01D(3) Deflection Testing: Either pull a mandrel through the pipe by hand or use another authorized method. The mandrel must confirm to section 1-3.01A(4)(c)(vi) of the State Standard Specifications.
PRODUCTS
HDPE STORM DRAIN PIPE
All HDPE storm drain pipes must be ADS© HP Storm Dual Wall Pipe with water tight joints and smooth interior or approved equal.
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SECTION 33-40-00 Stormwater Utilities
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DRAINGE INLETS
All drainage inlets (cast-in-place or precast) must be Contra Costa County Type G inlets meeting the requirements shown on Contra Costa Standard Drawing CD27. Contractor may install cast-in-place or precast drainage inlets.
CLASS 2 AGGREGATE BASE
Class 2 aggregate base for use as pipe bedding must meet the provisions in Section 26 of the State Standard Specifications for ¾-in maximum.
CLASS 2 PERMEABLE MATERIAL
Class 2 permeable material must meet the provisions in Section 68 of the State Standard Specifications for Class 2 Permeable Material.
ROCK SLOPE PROTECTION.
Rock slope protection must meet the provisions of Section 72 of the State Standard Specifications for Class 1 RSP.
CONNECTOR PIPE SCREEN
Connector pipe screen must be California Water Board Approved Advanced Drainage System’s Flexstorm® Connector Pipe Screen or approved equal.
EXECUTION
GENERAL
If unsatisfactory soil is present and/or not firm and unyielding, continue excavation and replace with compacted backfill or Engineered Fill Material as directed.
PLACING HDPE STORM DRAIN PIPES
Excavate trench to provide 12-in of clear width from outside edge of pipe to edge of trench and 6-in below bottom of pipe to bottom of trench and compact subgrade to 90% relative compaction.
Place Class 2 Aggregate Base in 6-in lifts for pipe bedding from bottom of trench to 12-in above the top of pipe and compact to 95% relative compaction making sure pipe haunches are fully supported.
Backfill remaining trench void with suitable native material and compact to 95% relative compaction.
Pipes must not exhibit deflection in excess of 5 percent of the original inside diameter at any location after being backfilled to at least 5 feet above the top of the pipe or to the completed grade, whichever is less.
PLACING DRAINAGE INLETS
Excavate for drainage inlet to 6-in below drainage inlet and compact subgrade to 95% relative compaction.
Construct cast-in-place inlet or install precast inlet.
Install connector pipe screen per manufacturer’s requirements/recommendations.
CONSTRUCTING OUTFALL PROTECTION
Excavate as required to install rock slope protection as shown. Compact subgrade to provide a smooth unyielding surface. 2109
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Place Class 2 Permeable as the filter then place the Class 1 RSP on top of filter using Placement Method B making sure RSP remains well graded.
Suitable Native Material shall be placed in the riprap voids. The placement shall not take place before the placement of the rock riprap is approved by the Engineer. Placement shall be placed in such a manner as to avoid displacement of the underlying rock. Work the soil into the rock layer voids until the soil thickness has completely filled all the voids.
MEASUREMENT AND PAYMENT
The contract price paid per linear foot for “18-inch Storm Drain” [Bid Item #400] shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in but not limited to 18” storm drain installation including excavation, backfilling, and performing compaction test as indicated on the plans, specified in the Standard Specifications, these special provisions, and as directed by the Engineer, and no additional compensation will be allowed.
The contract price paid per linear foot for “24-inch Storm Drain” [Bid Item #401] shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in but not limited to 24” storm drain installation including excavation, backfilling, and performing compaction test as indicated on the plans, specified in the Standard Specifications, these special provisions, and as directed by the Engineer, and no additional compensation will be allowed.
The contract price paid per each for “Drain Inlet” [Bid Item #402]shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in but not limited to drain inlet installation including excavation and backfill as indicated on the plans, specified in the Standard Specifications, these special provisions, and as directed by the Engineer, and no additional compensation will be allowed.
The contract price paid per each for “Outfall Protection” [Bid Item #403] shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in but not limited to outfall protection installation including excavation and backfill as indicated on the plans, specified in the Standard Specifications, these special provisions, and as directed by the Engineer, and no additional compensation will be allowed.
END OF SECTION
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SECTION 33-40-00 Stormwater Utilities
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Flood Risk Reduction in the Rheem Creek Watershed
SECTION 33-40-01 STORM DRAIN EASEMENT RESTORATION
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SECTION 33-40-01 STORM DRAIN EASEMENT RESTORATION
GENERAL
SUMMARY
This section includes specifications for restoring the storm drain easement once the storm drain conveyance system has been installed.
DEFINITIONS
Standard Specifications: 2018 Caltrans Standard Specifications.
REQUIREMENTS
Contractor must limit disturbances to within the Storm Drain Easement or within 3-ft of the centerline of storm drain pipe (whichever is greater) or as directed by the O.R.
SUBMITTALS
See the General Sections for submittal requirements.
Submit the estimated cost to restore disturbed area as described in Section 1.3 above per Section 9-1.04 of the Standard Specifications for Force Account work for review and approval by the O.R.
Submit product or material cut sheet data for each product listed below in Part 2.
QUALITY ASSURANCE
1. Contractor shall completely restore areas outside of the area described in Section 1.3 at no additional cost to owner unless otherwise directed by the O.R.
PRODUCTS
GENERAL
Any products required to restore disturbed areas to pre-construction condition.
EXECUTION
GENERAL
Contractor must completely restore disturbed areas to match the pre-construction condition unless otherwise directed by the O.R.
MEASUREMENT AND PAYMENT
The bid item Storm Drain Easement Restoration (Bid Item #404) shall be per Force Account and shall include full compensation for all labor, materials, tools, equipment, and incidentals but not limited to mobilizing and demobilizing equipment, materials, and personnel as shown in the Plans, specified in these Special Provisions, and as designated by the Engineer.
END OF SECTION
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A
APPENDIX A – CITY OF RICHMOND – FIRST SOURCE AGREEMENT
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CITY OF RICHMOND
FIRST SOURCE AGREEMENT
RECITALS
THIS FIRST SOURCE AGREEMENT is entered into on the date stated below by and between the CITY OF RICHMOND, a municipal corporation and charter city (hereinafter the “City”), and _________________________ (hereinafter the “Employer”).
WHEREAS, the Employer has been awarded a contract, forgivable loan or subsidy by the City and/or the Richmond Community Redevelopment Agency, dated _____________________________,20 (hereinafter the “Contract”) to perform certain work and provide certain services at ________________________________in Richmond, California, described as follows:
WHEREAS, the Employer, in addition to the Contract, agrees to enter into this First Source Agreement (hereinafter the “FSA”) with the City;
NOW, THEREFORE, the parties hereto mutually agree as follows:
1. Compliance with Chapter 2.56. Employer will comply with the terms of Chapter 2.56 of the Richmond Municipal Code, Local Employment Program (hereinafter the “Ordinance”), a copy of which is attached hereto and incorporated herein by reference.
2. Liaison. Employer shall designate a liaison for issues related to the Ordinance and this FSA. The liaison shall work with designated City of Richmond staff to facilitate effective implementation of the Ordinance and this FSA (hereinafter the “Designated City Staff”).
3. First Source Hiring Process for CONSTRUCTION and NON-CONSTRUCTION JOBS – Employer shall take the following steps regarding hiring in furtherance of the Contract. (a) Long-Range Planning. Employer shall, prior to hiring in furtherance of the Contract, and as soon as practicable, provide to the Designated City Staff the approximate number and type of hires that it will make for employment, and the basic qualifications necessary for each projected hire. (b) Dual Notification Process (CONSTRUCTION ONLY). Where there is a signatory agreement with the local union and the associated craft, Employer shall work with the local union and the City of Richmond Employment and Training Department (hereinafter the “ETD”) to fill those positions. The Employer shall forward to the ETD a copy of all personnel requests made to the trade unions, specifying the residency of personnel requested (this process is hereinafter referred to as the "dual notification process" and a description of it is attached hereto along with the Request for Craft form for use by the Employer). In the dual notification process, the Employer shall utilize the "name call," "rehires," "transfers," or "sponsorship" options in maximizing the participation of Richmond, California residents. 2114
Appendix A-1 First Source Agreement (Sample) – 2 of 3
(c) Notification of job opportunities. Prior to hiring in furtherance of the Contract, Employer shall notify the Designated City Staff, by email or fax, of available job openings and provide a description of job responsibilities and qualifications, including expectations, salary, work schedule, duration of employment, required standard of appearance, and any special requirements, e.g., language skills, driver’s license, etc. Job qualifications shall be limited to skills directly related to performance of job duties.
(d) Filling of job opportunities. Prior to announcing or advertising in any form and by any means (except for compliance with internal posting procedures) the availability of an employment position created by the vacancy of an existing position or a new employment position, the Employer shall utilize the dual notification process to notify the pertinent union, if appropriate, and ETD in writing of such position, including a general description of the position and Employer's minimum requirements for qualified applicants, and shall request any pertinent union and ETD to refer qualified applicants for such position to Employer's trade union and/or personnel representative, as appropriate. The Employer shall refrain from any general announcement or advertisement of the availability of such position for a period of ten (10) business days after notification to the ETD. This ten-day period shall be known as the "Advance Notice Period.” (e) Job Site Applications. In the event that any persons seek employment with the Employer at the job site, the Employer shall have the person complete a Job Site Application consisting of name, address, telephone number, social security number and trade. The Employer will then submit this information to the ETD.
(f) Transfer and Promotion. Nothing contained herein shall prevent the Employer from filling job vacancies or newly created positions without compliance with the foregoing procedures by transfer or promotion from its existing staff.
4. Monthly Reports. Employer shall, on a monthly basis, furnish certified payroll sheets to ETD.
Failure to provide the City with this information shall result in delay of progress payments for that portion which is deemed not in compliance with the provisions of this FSA.
5. Quarterly Reports. Employer shall prepare quarterly reports detailing the number of hires for employment in furtherance of the Contract during the quarter and stating what percentage of such hires were residents of Richmond, California. The Designated City Staff shall assist Employer by preparing forms to be completed for this purpose. Reports shall be filed with the ETD within thirty (30) days after the completion of each quarter. Reports may include a description of any difficulties the Employer is having with obtaining qualified referrals through the Designated City Staff.
6. Non-compliance Procedure. In the event the City believes the Employer may not be in compliance with the requirements of this FSA, the following procedure will be followed:
(a) The Community and Economic Development Executive Director (hereinafter the “Executive Director”) or designee shall cause to be delivered to the Employer a written “Notice of NonCompliance” (hereinafter the “Notice”). The Notice shall specify the matters which constitute the noncompliance; the specific action required to correct the non-compliance; and the time period during which such correction shall occur. In no event shall this time period be more than thirty (30) days after receipt of the Notice by the Employer. If the Notice is mailed, it will be deemed received five (5) days after the date of mailing.
2115
Appendix A-1 First Source Agreement (Sample) – 3 of 3
(b) If the Employer disagrees with the Notice, they shall have the burden of proving compliance with the provisions of the Ordinance and shall submit any evidence and argument to the Executive Director or designee to establish compliance no more than thirty (30) days after receipt of the Notice by the Employer.
(c) In the event the Executive Director or designee subsequently agrees that compliance has occurred, the Executive Director or designee shall cause to be delivered promptly to the Employer a written “Notice of Correction of Non-Compliance,” specifying the original noncompliance which has been corrected.
(d) In the event the Executive Director or designee does not agree that compliance has occurred, the Executive Director or designee shall promptly notify the Employer by a written “Notice of Failure to Correct Non-Compliance” (“hereinafter the “Notice of Failure to Correct”), describing the facts constituting the non-compliance.
(e) After the issuance of the Notice of Failure to Correct, the Employer shall have the right to request a hearing before the City Manager or designee (hereinafter “Request for Hearing”), who shall make the final determination. The Request for a Hearing must be made within ten (10) working days after receipt of the Notice of Failure to Correct. If the Notice of Failure to Correct is mailed, it will be deemed received five (5) days after the date of mailing. The hearing shall be held no sooner than twenty (20) and no later than thirty (30) days after receipt by the City of the Request for Hearing, unless otherwise agreed to by the parties. At the hearing, the Employer will be allowed to present any evidence and argument it believes proves compliance.
The City Manager or designee shall issue their final determination no later than ten (10) business days after the hearing. The Employer must exhaust this administrative remedy prior to commencing legal action. (f) In the event no Request for Hearing is timely made, the determination of failure to correct non-compliance shall be deemed to be final.
(g) Should the Employer fail to comply with the Notice of Non-Compliance as specified above, and a final determination of non-compliance is made, the City may exercise any of its powers as specified in §2.56.080 of the Ordinance.
Executed this _________ day of ________________________________, 20_______.
EMPLOYER CITY OF RICHMOND
By: ____________________________________ By: __________________________________ Name: _________________________________ Name: _______________________________ Title: __________________________________
Approved as to form:
_____________________________________
City Attorney
2116
B
APPENDIX B – CITY OF RICHMOND – INSURANCE REQUIREMNTS –
CONSTRUCTION PROJECTS
2117
Exhibit B
City of Richmond - Insurance Requirements –
CONSTRUCTION PROJECTS
Type 1 – Page 1 of 4
Revised: January 2013
In all instances where a CONTRACTOR or its representatives will be conducting business and/or providing services, the City requires the following MINIMUM insurance requirements and limits.
CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery. CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.
Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.
City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.
Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy.
The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.
Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:
1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001) including coverage for bodily and personal injury, property damage, and products and completed operations.
2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto)
3. Original and Separate Additional Insured Endorsements for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.
4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.
5. Original and Separate Waiver of Subrogation for Workers’ Compensation and Builder’s Risk/ Course of Construction Insurance.
6. Builder’s Risk/Course of Construction insurance covering all risks of loss less policy exclusions when the City of Richmond has a financial interest in the property.
7. Contractor’s Pollution Liability
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.
If CONTRACTOR is self-insured, provide a certificate of Permission to SelfInsure, signed by the California Department of Industrial Relations and SelfInsurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.
2118
Exhibit B
City of Richmond - Insurance Requirements –
CONSTRUCTION PROJECTS
Type 1 – Page 2 of 4
Revised: January 2013
General Liability
(primary and excess limits
combined)
PROJECT COST REQUIRED LIMIT
$0 - $5 million $2 million p/o
$5 million - $10 million $5 million p/o
Over $10 million $10 million p/o
Includes coverage for bodily injury, personal injury, property damage and products and completed operations. The policy shall not exclude coverage for XCU perils (explosion, collapse, or damage to underground property).
If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit.
Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.
Builders’ Risk/Course of
Construction – Covers property
under construction, repair or
renovation as well as equipment
and materials to be installed.
(Only required for Construction
Projects involving property and
equipment installation.)
Coverage shall include all risks of direct physical loss, excluding earthquake, for an amount equal to the full completed value of the covered structure or replacement value of alterations or additions, including soft costs and business interruption.
If the project does not involve new or major reconstruction, an Installation Floater may be acceptable. For such projects, a property installation floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken or destroyed during the performance of the Work, including during transit, installation and testing at the City of Richmond’s site.
The City of Richmond shall be named as loss payee as its interest may appear. The insurer shall waive all rights of subrogation against City.
Contractor’s Pollution Liability
Protects against:
unexpected/unintended release of
pollution resulting from contractors
covered operations such as:
HVAC, paving, carpentry, pipeline
& tank installation, drillers,
remediation contractors,
maintenance, mechanical,
demolition, excavation, grading,
street/road construction,
residential & commercial builders.
Same limits as General Liability.
Required Policy Conditions
A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.
Additional Insured Endorsement Applicable to General Liability Coverage.
The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured, including but not limited to bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.
ISO form CG 20 10 (11/85) or its equivalent is required. The endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
2119
Exhibit B
City of Richmond - Insurance Requirements –
CONSTRUCTION PROJECTS
Type 1 – Page 3 of 4
Revised: January 2013
Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.
Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers Compensation and Builder’s Risk/ Course of Construction coverage during the life of this contract.
SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61
Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.
Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.
Loss Payable Endorsement (only
required when Builder’s Risk
and/or Course of Construction
Insurance is required.)
Applicable to Builder’s Risk/Course of Construction naming the City of Richmond as Loss Payee.
SURETY BONDS The Contractor shall provide:
1. A Bid bond
2. A Performance Bond
3. A Payment Bond
Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverages and cover those insured in the underlying policies.
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or nonrenewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.
Subcontractors
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.
CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.
2120
Exhibit B
City of Richmond - Insurance Requirements –
CONSTRUCTION PROJECTS
Type 1 – Page 4 of 4
Revised: January 2013
Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin. The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.
Original insurance certificates and required policy endorsements shall be mailed, or delivered to the Designated Project Manager for the City of Richmond.
Insurance certificates and endorsements may be faxed to the Designated Project Manager. However, Contractor must mail the original certificates and endorsements to Designated Project Manager once faxed.
Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.
If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.
Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.
Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.
Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.
2121
City of Richmond - Insurance Requirements for Non Profit Organizations (not for construction projects):
Services up to $100,000
ACORD Certificate of Liability Insurance
Standard Form
ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE
(MM/DD/YY)
THIS CERTIFICATE IS ISSUED AS MATTER OF
INFORMATION ONLY AND CONFERS NO RIGHTS UPON
THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES
NOT AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POLICIES BELOW.
PRODUCER
INSURERS AFFORDING COVERAGE
INSURER A:
INSURER B:
INSURER C:
INSURER D:
INSURED
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INS
R
LTR
TYPE OF INSURANCE POLICY
NUMBER
POLICY EFFECTIVE
DATE (MM/DD/YY)
POLICY
EXPIRATION
DATE (MM/DD/YY)
LIMITS
GENERAL LIABILITY EACH OCCURRENCE $
COMMERCIAL GENERAL LIABILITY FIRE DAMAGE (Any one fire) $ CLAIMS MADE OCCUR MED EXPENSE (Any one person) $
_______________________________ PERSONAL & ADV INJURY $ _______________________________
GENERAL AGGREGATE $
GEN’L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ POLICY
PROJECT LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT
(Ea accident)
$
ANY AUTO $
ALL OWNED AUTOS $
SCHEDULED AUTOS
BODILY INJURY
(Per person) $
HIRED AUTOS $
NON-OWNED AUTOS
BODILY INJURY
(Per accident) $
_______________________________ $
PROPERTY DAMAGE
(Per accident) $
GARAGE LIABILITY AUTO ONLY–EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS LIABILITY EACH OCCURRENC
OCCUR CLAIMS MADE AGGREGATE
$
DEDUCTIBLE $
RETENTION $
WC STATUTORY LIMITS OTHER
E.L. EACH ACCIDENT $
E.L. DISEASE – EA EMPLOYEE $
WORKERS’ COMPENSATION AND
EMPLOYERS LIABILITY
E.L. DISEASE – POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL/PROVISIONS CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: ____ CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ______ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE
ACORD 25-S (7/97) © ACORD CORPORATION 1988
APPENDIX A-9 COR Insurance Documents 2122 (Sample) 1 of 7 City of Richmond - Insurance Requirements for Non Profit Organizations (not for construction projects):
Services up to $100,000
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed.
A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
APPENDIX A-9 COR Insurance Documents
(Sample) 2 of 7
2123
City of Richmond - Insurance Requirements for Non Profit Organizations (not for construction projects):
Services up to $100,000
SAMPLE Endorsements
Preferred form
Reproduction of Insurance Services Office, Inc. Form
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED—OWNERS, LESSEES OR
CONTRACTORS (FORM B)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART.
SCHEDULE
Name of Person or Organization:
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of “your work” for that insured by or for you.
CG 20 10 11 85 Copyright, Insurance Services Office, Inc., 1982 APPENDIX A-9 COR Insurance Documents
(Sample) 3 of 7
2124
City of Richmond - Insurance Requirements for Non Profit Organizations (not for construction projects):
Services up to $100,000
SAMPLE Endorsements
Acceptable form when combined with CG 20 37 10 01
Reproduction of Insurance Services Office, Inc. Form
POLICY NUMBER: COMMERICAL GENERAL LIABILITY
CG 20 10 10 01
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
AMENDMENT OF LIMITS OF INSURANCE (DESIGNATED PROJECT OR PREMISES) This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Designation of Project Or Premises:
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II – WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of your ongoing operations performed for the insured.
B. With respect to the insurance afforded to these additional insureds, the following exclusion is added:
1. Exclusions
This insurance does not apply to “bodily injury” or “property damage” occurring after:
(1) All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the site of the covered operations has been completed; or
(2) That portion of “your work” out of which the injury or damage arises has been put to its intended use by any person or organization other than contractor or subcontractor engaged in performing operations for a principal as part of the same project.
CG 20 10 10 01 Page 1 of 1
ISO Properties, Inc., 2000
APPENDIX A-9 COR Insurance Documents
(Sample) 4 of 7
2125
City of Richmond - Insurance Requirements for Non Profit Organizations (not for construction projects):
Services up to $100,000
SAMPLE Endorsements
Acceptable form when combined with CG 20 10 10 01
Reproduction of Insurance Services Office, Inc. Form
POLICY NUMBER: COMMERICAL GENERAL LIABILITY
CG 20 37 10 01
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED – OWNERS, LESSEES OR
CONTRACTORS – COMPLETED OPERATIONS
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
Location And Description of Completed Operations:
Additional Premium:
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section II – WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule but only with respect to liability arising out of “your work” at the location designated and described in the Schedule of this endorsement performed for that insured and included in the “products-completed operations hazard.” CG 20 37 10 01 Page 1 of 1
Copyright, ISO Properties, Inc., 2000
APPENDIX A-9 COR Insurance Documents
(Sample) 5 of 7
2126
City of Richmond - Insurance Requirements for Non Profit Organizations (not for construction projects):
Services up to $100,000
SAMPLE Endorsement
Waiver of Subrogation – Workers’ Compensation
FOUR STATE COMPENSATION INSURANCE FUND FORMS:
Reproduction of State Compensation
Insurance Fund Form
Certificate of Workers’ Compensation Insurance
STATE P.O. BOX 807, SAN FRANCISCO, CALIFORNIA 94101
COMPENSATION
INSURANCE
FUND CERTIFICATE OF WORKERS’ COMPENSATION INSURANCE
POLICY NUMBER:
CERTIFICATE EXPIRES:
⎡
|
|
⎣
This is to certify that we have issued a valid Workers’ Compensation insurance policy in a form approved by the California Insurance Commissioner to the employer named below for the policy period indicated.
This policy is not subject to cancellation by the Fund except upon 30 days’ written notice to the employer.
We will give you 30 days’ advance notice should this policy be canceled prior to its normal expiration.
This certificate of insurance is not an insurance policy and odes not amend, extend or alter the coverage afforded by the policies listed herein. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies.
PRESIDENT
(Note: following text is typewritten addition to printed form) THE STATE COMPENSATION INSURANCE FUND WAIVES ANY RIGHT OF SUBROGATION ENDORSEMENT #2570.
AGAINST (ENTITY) ______________________ , ITS OFFICIALS, EMPLOYEES AND VOLUNTEERS BY REASON OF ANY PAYMENT UNDER THIS POLICY.
ENDORSEMENT #0015 ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE IS ATTACHED TO AND FORMS A PART OF THIS POLICY. ADDITIONAL INSURED EMPLOYER: ___________________________ ENDORSEMENT #2065 ENTITLED 30 DAY CANCELLATION NOTICE EFFECTIVE IS ATTACHED TO AND FORMS A PART OF THIS POLICY.
LIABILITY OF THE STATE COMPENSATION INSURANCE FUND IS LIMITED TO ______________ FOR ALL DAMAGES FOR ONE OR MORE CLAIMS RESULTING FROM EACH ACCIDENT OF OCCURRENCE ARISING OUT OF ANY ONE EVENT.
EMPLOYER
APPENDIX A-9 COR Insurance Documents
(Sample) 6 of 7
2127
City of Richmond - Insurance Requirements for Non Profit Organizations (not for construction projects):
Services up to $100,000
SAMPLE Endorsement
Waiver of Subrogation – Liability
Reproduction of Insurance Services Office, Inc. Form
POLICY NUMBER: COMMERCIAL GENERAL LIABILITY
CG 24 04 10 93
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
OCP LIABILITY COVERAGE PART
SCHEDULE
Name of Person or Organization:
(If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.)
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV - COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following:
We waive any right of recovery we may have against the person or organization shown I the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or “your work” done under a contract with that person or organization and included in the “products-completed operations hazard.” This waiver applies only to the person or organization shown in the Schedule above.
CG 24 04 10 93 Copyright, Insurance Services Office, Inc., 1992 APPENDIX A-9 COR Insurance Documents
(Sample) 7 of 7
2128
C
APPENDIX C – CITY OF RICHMOND – TRUCK ROUTE
2129
4.52 | richmond general plan 2030
4 circulation
23 2
3 4
5 6
7 8
9 10
11 12
13 14
15 17 16
18 19
20 21
22 23
24 25
26 27
14 14
13 13
22 22
23 23
1 COUNTY COUNTY
COUNTY
COUNTY
CONTRA COSTA
COUNTY
COUNTY
PINOLE
HERCULES
EL CERRITO
SAN PABLO
COUNTY
KENSINGTON
ALAMEDA COUNTY
SAN PABLO AVE
23RD ST
RICHMOND PKWY
CARLSON BLVD
CUTTING BLVD
BARRETT AVE
MACDONALD AVE
GIANT RD
POTRERO AVE
MOESER LN
RUMRILL BLVD
CENTRAL AVE
GARRARD BLVD
RD 20
APPIAN WY
TENNENT AVE
SOLANO AVE
FAIRMOUNT AVE
WEST CUTTING BLVD
13TH ST
MCBRYDE AVE
HARBOUR WY
APPIAN WY
ARLINGTON BLVD
CASTRO RANCH RD
ALHAMBRA VALLEY RD
PINOLE VALLEY RD
VALLEY VIEW RD
BLUME DR
HILLTOP DR
REFUGIO VALLEY RD
SYCAMORE AVE
SAN PABLO AVE
RICHMOND PKWY
BROOKSIDE DR
SAN PABLO DAM RD
EL PORTAL DR
I-580
I-80
I-80
4 San Pablo Bay
San Francisco Bay
Richmond Inner Harbor
San Pablo
Reservoir
Refugio Creek
Pinole Creek
Wildcat Creek
Rheem Creek
San Pablo Creek
Garrity Creek
BART - Richmond Line
Richmond
BART Station
El Cerrito Del Norte
BART Station
El Cerrito Plaza
BART Station
Source: City of Richmond
1 22nd St.
2 23rd St.
3 Atlas Rd.
4 Blume Dr.
5 Canal Blvd.
6 Central Ave.
7 Dornan Dr.
8 Garrard Blvd.
9 Giant Hwy.
10 Hall Ave.
11 Harbour Wy. So.
12 Hilltop Dr.
13 I-580
14 I-80
15 Macdonald Ave.
16 Marina Bay Pkwy.
17 Marina Way So.
18 Meeker Ave.
19 Ohio Ave.
20 Parr Blvd.
21 Regatta Blvd.
22 Richmond Pkwy.
23 San Pablo Ave.
24 San Pablo Dam Rd.
25 So. 4th St.
26 W. Cutting Blvd.
27 Wright Ave.
N
0 0.5 1 2 MILES
10 ACRES
50 Existing Truck Routes
Map 4.4
Note: This map is provided for informational purposes
only. It may be periodically updated by the the City of Richmond Engineering Services Department.
23 2
3 4
5 6
7 8
9 10
11 12
13 14
15 17 16
18 19
20 21
22 23
24 25
26 27
14 14
13 13
22 22
23 23
1 COUNTY COUNTY
COUNTY
COUNTY
CONTRA COSTA
COUNTY
COUNTY
PINOLE
HERCULES
EL CERRITO
SAN PABLO
COUNTY
KENSINGTON
ALAMEDA COUNTY
SAN PABLO AVE
23RD ST
RICHMOND PKWY
CARLSON BLVD
CUTTING BLVD
BARRETT AVE
MACDONALD AVE
GIANT RD
POTRERO AVE
MOESER LN
RUMRILL BLVD
CENTRAL AVE
GARRARD BLVD
RD 20
APPIAN WY
TENNENT AVE
SOLANO AVE
FAIRMOUNT AVE
WEST CUTTING BLVD
13TH ST
MCBRYDE AVE
HARBOUR WY
APPIAN WY
ARLINGTON BLVD
CASTRO RANCH RD
ALHAMBRA VALLEY RD
PINOLE VALLEY RD
VALLEY VIEW RD
BLUME DR
HILLTOP DR
REFUGIO VALLEY RD
SYCAMORE AVE
SAN PABLO AVE
RICHMOND PKWY
BROOKSIDE DR
SAN PABLO DAM RD
EL PORTAL DR
I-580
I-80
I-80
4 San Pablo Bay
San Francisco Bay
Richmond Inner Harbor
San Pablo
Reservoir
Refugio Creek
Pinole Creek
Wildcat Creek
Rheem Creek
San Pablo Creek
Garrity Creek
BART - Richmond Line
Richmond
BART Station
El Cerrito Del Norte
BART Station
El Cerrito Plaza
BART Station
Source: City of Richmond
1 22nd St.
2 23rd St.
3 Atlas Rd.
4 Blume Dr.
5 Canal Blvd.
6 Central Ave.
7 Dornan Dr.
8 Garrard Blvd.
9 Giant Hwy.
10 Hall Ave.
11 Harbour Wy. So.
12 Hilltop Dr.
13 I-580
14 I-80
15 Macdonald Ave.
16 Marina Bay Pkwy.
17 Marina Way So.
18 Meeker Ave.
19 Ohio Ave.
20 Parr Blvd.
21 Regatta Blvd.
22 Richmond Pkwy.
23 San Pablo Ave.
24 San Pablo Dam Rd.
25 So. 4th St.
26 W. Cutting Blvd.
27 Wright Ave.
N
0 0.5 1 2 MILES
10 ACRES
50 Existing Truck Routes
Map 4.4
Note: This map is provided for informational purposes
only. It may be periodically updated by the the City of Richmond Engineering Services Department.
2130
D
APPENDIX D – CITY OF RICHMOND – ENVIRONMENTAL AGENCY PERMITS 2131
San Francisco Bay Regional Water Quality Control Board
CLEAN WATER ACT SECTION 401 WATER QUALITY CERTIFICATION AND ORDER
FOR THE
Flood Risk Reduction in the Rheem Creek Watershed Project Contra Costa County
Sent via electronic mail: No hard copy to follow
Effective Date: March 13, 2023
RM: 451029
Place ID: 885993
WDID#: 2 CW451029
Corps No: SPN-2022-00042S
Applicant: City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Phone: (510) 621-1269
Attn: Mary Phelps, [email protected]
Agent: Restoration Design Group, Inc.
2332 5th Street, Suite C
Berkeley, CA 94710
Phone: (510) 644-2798
Attn: Rich Walkling, [email protected]
Water Board Kathryn Hart
Staff: 1515 Clay Street, Suite 1400
Oakland, CA 94612
Phone: (510) 622-2356
Email: [email protected]
2132
Water Quality Certification and Order Place ID 885993
Flood Risk Reduction in the Rheem Creek Watershed Project RM 451029 i
Table of Contents
Certification and Order Coverage........................................................................................... 1
1. Project......................................................................................................................... 1
1.1 Site Description................................................................................................... 1
1.2 Project Description.............................................................................................. 2
2. Impacts to Waters of the State.................................................................................. 2
2.1 Fill and Discharge ............................................................................................... 2
3. Mitigation.................................................................................................................... 2
4. California EcoAtlas .................................................................................................... 3
5. CEQA Compliance ..................................................................................................... 3
6. Conditions .................................................................................................................. 4
6.1 Regulatory Compliance and Work Windows ....................................................... 4
6.2 General Construction .......................................................................................... 5
6.3 Pre-Construction Reporting and Other Requirements ......................................... 6
6.4 Active Construction and Post-Construction Reporting Requirements.................. 7
6.5 Mitigation and Monitoring Requirements ............................................................. 8
6.6 Administrative and General Compliance ............................................................10
6.7 Standard Conditions ..........................................................................................11 2133
Water Quality Certification and Order Place ID 885993
Flood Risk Reduction in the Rheem Creek Watershed Project RM 451029