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schedule must show planned activities in sufficient detail to allow proper monitoring of the planned construction activities.
8.07 Cons truction Sequence - The Contractor shall prepare and submit at the pre- construction meeting a staging or phasing plan identifying the sequence of construction work and traffic control needed to complete the project. The staging plan shall be subject to review and approval by the Engineer, prior to the start of construction. The goal of the phasing plan will be to minimize impacts to surrounding businesses and residents in the project areas. When required by the Special Provisions or plans, the Contractor shall follow the sequence of operations as set forth therein.
8.08 R
ecording Existing Conditions - Existing conditions throughout the project site shall be photographed and/or videotaped by the Contractor before starting construction. Recording shall include and show every detail of existing improvements, including the current condition of the curb, gutter, sidewalk, signs, landscaping, streetlights, structures near the project including face of buildings, canopies, shades, fences and any other features within the limits of work. Photos and/or videotape shall be delivered to the Engineer at the pre-construction meeting.
8.09 P reconstruction Conference - The City shall designate a date and time for the pre- construction conference once the contract has been fully executed. At the pre- construction conference, the City shall discuss various administrative procedures and project coordination issues. At a minimum, the Contractor should be prepared to furnish and discuss the following:
(a) Let ter designating the Superintendent.
(b) A list of key personnel and emergency contact information including telephone numbers to be used in case of emergency
(c) Sequence or phasing plans identifying the phasing of construction work and any alternative sequences for consideration.
(d) Traffic control plans associated with the staging plans (to be signed and stamped by a Licensed Traffic Engineer).
(e) A draft of the master Baseline C onstruction Schedule, in Critical Path Method (CPM) format (to be finalized no later than ten (10) days after the Notice to Proceed). (f) A breakdown of lump sum bid items to be used as a basis for determining the value of work completed on future progress payments.
(g) A submittal schedule listing all project submittals that will need to be reviewed and a listing of proposed material suppliers.
(h) Utility company coordination and/or permit issues.
(i) Videotape and/or photography of the project’s existing condition (to be completed prior to starting construction.
(j) Anticipated cash flow projections, if requested by the engineer.
8.10 P rogress Meeting - The Contractor, Job Superintendent and Subcontractors, if requested by the City, shall attend weekly progress meetings to be scheduled by the Engineer at a time agreeable to both the Engineer and the Contractor. Contractor shall also attend special meetings in addition to regular progress meetings if necessary and directed by the Engineer.
8.11 H
ours of Construction - Construction activities shall be limited to the hours of 8:00 a.m. to 6:00 p.m., unless otherwise noted or further restricted in the Contract Documents, or as directed by the Engineer. No work shall be done on weekends, holidays or outside these specified hours, unless otherwise approved by the Engineer. The Contractor shall take into consideration and coordinate time constraints for special events or activities organized by the City or other agencies. No mechanical equipment, including hauling or deliveries by trucks, shall start before 8:00 a.m. and all equipment must shut down before 6:00 p.m. unless approved by the Engineer.
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8.12 P rosecution of Work - To minimize public inconvenience and possible hazards and to restore the streets and other work areas to their original condition and former state of usefulness as soon as practicable, the Contractor shall diligently prosecute the work to completion. If, in the Engineer’s opinion the Contractor fails to prosecute the work to the extent that the above purposes are not being accomplished, the Contractor shall, upon orders from the Engineer, immediately take the steps necessary to fully accomplish said purposes. All costs for prosecuting the work as described herein shall be absorbed in the Contractor’s bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer to do so, the Engineer may suspend the work in whole or in part, until the Contractor takes said steps. With or without such suspension, the Engineer may cause such steps to be taken by force account or by other means at the Contractors expense.
8.13 S
uspension of Work - Work may be stopped or suspended in whole or in part for up to ninety (90) days when, in the Engineer’s opinion, the suspension is necessary and in the interest of the City. The Contractor shall immediately comply with any written order of the Engineer suspending work.
Such City directed suspension shall be without liability to the Contractor on the part of the City.
Suspended work shall be resumed upon written order of the Engineer. An extension of contract time equal to the period of suspension shall be issued to the Contractor by change order. Any claim by the Contractor for an adjustment of the contract sum or the contract time shall be made within ten (10) working days after the end of the work suspension.
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f work is suspended through any fault of the Contractor, all expenses and losses incurred by the Contractor during such suspensions shall be borne by the Contractor. If the Contractor fails to properly provide for public safety, traffic, and protection of the work during periods of suspension, the City may elect to do so, and shall deduct the cost thereof from monies due the Contractor. Such action will not relieve the Contractor from any liability.
8.14 D
efault by the Contractor and Termination of Control - As a result of any of the following events, the Contractor shall be deemed to be in default:
(a) I f the Contractor is in bankruptcy or makes a general assignment for the benefit of creditors, or
(b) If the Contractor fails to make prompt payment to subcontractors for labor or materials, or (c) If a receiver is appointed on account of the Contractor’s insolvency, or (d) If the Contractor fails to provide enough properly skilled workmen or enough materials to insure compliance with the construction time schedule, or (e) If the Contractor fails to perform any portion of the work within the timing requirements of the Contract Documents, or abandons the project site, or (f) If the Contractor disregards instructions from the Engineer or violates any provision of the contract, or
(g) If the Contractor fails to replace or repair any damage caused by the Contractor or its agents, representatives, contractors, subcontractors, or employees in connection with the performance of the work, or
(h) If the Contractor violates any legal requirement related to the work.
In case of default, the City may give written notice to the Contractor and the Contractor’s bonding agent that if the default is not remedied within ten (10) calendar days or the Contractor does not provide adequate written assurance to the satisfaction of the Engineer that the cure will be forthcoming, the Contractor’s control over the work may be terminated as of the date specified in the written notice.
Upon such termination of control the City may enter upon and take possession of the entire work and may also take possession, for the purpose of completing the work, of all of the Contractor’s tools, equipment and appliances upon the work, and all materials on the site or stored off -site for incorporation into the work. The City may, at its sole option and without further notice to anyone, complete the work by
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day labor, by contract entered into by negotiations, by competitive bidding, by calling upon the performance of the performance bond surety, or by other means as the City, in its discretion, shall elect.
After termination of the Contractor’s control over the work as herein provided, the Contractor shall not be entitled to any further payments under the contract until the entire work thereunder has been fully completed and finally accepted by the City. After such completion and acceptance, if the “unpaid balance of the contract price” (as defined in the next paragraph) exceeds the sum of the amounts expended by the City in taking over and completing the work, including all managerial and administrative expense incurred by the City on account thereof and the amount of all dam ages incurred by the City by reason of the Contractor’s default, such excess shall be paid to the Contractor. If the said amount expended exceeds the unpaid balance, the Contractor and the surety shall be liable to the City for the difference. At the Contractor’s request, the expense incurred by the City in taking over and completing the work, and the amount of any damage incurred by the City by reason of the Contractor’s default shall be audited and certified by an independent third party, whose certificate thereof shall be binding and conclusive upon the parties.
For the purposes of the computations required by the paragraph above, the “unpaid balance of the contract price” shall be the original contract price as adjusted by any change orders issued prior to termination of the Contractor’s control, less all payments made on account thereof prior to such termination, and less any and all amounts withheld or paid pursuant to stop notices filed with the City upon claims of subcontractors or others from equipment, labor or materials furnished to the work on behalf of the Contractor.
Upon completion and acceptance of the work, the Contractor shall be entitled to the return of all materials not used in the work, but without claim against the City for loss or damage with respect thereto, and shall be entitled to the return of all the equipment, tools and appliances taken possession of by the City, but without claim against the City for any charge for the use thereof or for usual and ordinary depreciation and wear and tear.
The exercise of remedies provided for in this sub- section, for default by the Contractor, shall be in addition to, and shall not be deemed a waiver by the City of any other rights or remedies due the City under the contract provisions, for default by the Contractor.
8.15 C
ontractor’s Right to Stop Work or Terminate Contract – The Contractor may give written notice to the Engineer of intention to stop work or terminate the Agreement, or both i f the work should be stopped by order of any court or other public authority, through no act, omission or fault of the Contractor or any Subcontractor, agent or employee of the Contractor, and such work stoppage under such order shall continue for thirty (30) consecutive days from the effective date of such order
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f, after the Contractor provides notice to the City of any of the above defaults, the City does not remedy the default within ten (10) calendar days, the Contractor may stop work and may give the City written notice of contract termination. The Contractor may then recover from the City payment for all work executed to date and any loss sustained upon any equipment or materials procured for the work prior to the work stoppage. No compensation for loss of anticipated profits will be provided, however, on work not completed. The Contractor’s right to recovery shall be subject, however, to the duty of the Contractor to mitigate all loss or damage so far as reasonably possible.
8.16 C
ity’s Right to Terminate Contract – The City may, at its option, terminate the Agreement, in whole or from time to time in part, at any time by giving notice to the Contractor. Upon such termination, the Contractor agrees to waive any claims for damages, including loss of anticipated profits, on account thereof; and, as the sole right and remedy of the Contractor, the City shall pay the Contractor in accordance with this sub-section. Upon termination, the obligations of the Contractor for portions of the work already performed shall continue.
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a) Upon receipt of a Notice of Termination, the Contractor shall, unless the notice directs otherwise, do the following:
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1. Immediately discontinue the work to the extent specified in the notice.
2. Place no further orders or subcontracts for materials, equipment, services, or facilities, except as may be necessary to complete such portion of the work that are not to be discontinued.
3. Promptly cancel, on the most favorable terms reasonably possible, all subcontracts to the extent that they relate to the performance of the discontinued portion of the work.
4. Thereafter do only such work as may be necessary to preserve and protect the work already in progress and to protect materials, plants, and equipment on the project site or in transit thereto.
(b) Upon such termination, the City shall pay to the Contractor as a sole and exclusive remedy for the termination, the sum of the following, and the Contractor will be entitled to no other compensation or damages, and expressly waives same:
1. The amount of the contract amount allocated to the portion of the work properly performed by the Contractor as of the date of termination, less sums previously paid to the Contractor, plus
2. Previously unpaid costs of any items delivered to the project site which were fabricated for subsequent incorporation in the work, plus
3. Any proven losses with respect to materials and equipment directly resulting from such termination, plus
4. Reasonable demobilization costs in excess of what would hav e been incurred if work were not terminated, plus
5. Reasonable costs for preparing a statement of the aforesaid costs, expenses, and losses in connection with such termination.
The City may terminate the Agreement at its own discretion or when conditions encountered during the work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority.
8.17 T
ime of Completion and Days Charged - The Contractor shall diligently prosecute and fully complete the work within the number of calendar or working days set forth in the Notice inviting Sealed Proposals or shall be subject to liquidated damages. Time is of the essence in the performance of all obligations under the Contract Documents, and all timing requirements shall be strictly adhered to unless otherwise modified by the City. See General Provisions, Sections 8.12, “Prosecution of Work”, and 8.18, “Liquidated Damages”.
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nder a calendar day contract, City observed holidays and inclement weather delays are to be anticipated and unless there is a deviation from what is customary for the time of year the project is under construction, no additional days will be granted. Every day, including holidays, Saturdays and Sundays shall be counted as a day charged under a calendar day contract.
Under a working day contract, the Contractor will be given credit for City observed holidays and inclement weather delays, in accordance with the State Standard Specifications. Should the Contractor prepare to begin work at the regular starting time in the morning of any day on which inclement weather, or the conditions resulting from the weather prevents the work from beginning at the usual starting time and the crew is dismissed as a result thereof and the Contractor does not proceed with at least seventy- five percent (75%) of the normal labor and equipment force engaged in the current controlling operations for at least sixty percent (60%)of the total daily time being currently spent on the controlling operations, the Contractor will not be charged for a working day whether or not conditions should change thereafter.
8.18 Li
quidated Damages - The City and the Contractor, by execution of the agreement, each agree that time is of the essence in the performance of the work, and that actual damages for
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inconvenience and loss from any delay in completion of the contract beyond the date provided in the Notice to Bidders is extremely difficult or impossible to determine.
The City and the Contractor further agree, as specified in the Notice to Bidders, that liquidated damages shall be assessed for each and every calendar day required to complete the contract in excess of the contract time established for the project, and that the amount stated therein is a reasonable estimate of the amount of such damages. The Engineer may deduct any liquidated damaged owed to the City, as determined by the Engineer from any payments otherwise payable to the Contractor under this agreement.
In addition, the City shall have the right to charge to the Contractor and to deduct from the final payment for the work the actual cost to the City of engineering, inspection, administration and other overhead expenses which are directly chargeable to the contract and which accrue during the period of such delay, except that the cost of final surveys and preparation of the final estimate shall not be included in such charges.
Separate from the above- mentioned liquidated damages, the Contractor shall be responsible for paying all damages incurred by private businesses (residential, commercial or industrial), schools and hospitals due to non-completion of the project by the date specified.
Nothing contained herein shall limit the City’s rights or remedies against Contractor for any default other than failure to complete the work within the contract time. This provision for liquidated damages shall not be applicable nor act as a limitation upon the City if the Contractor abandons the work.
In such event, the Contractor shall be liable to the City for all losses incurred.
The date of the Engineer’s Certificate of Substantial Completion shall be the termination date, if applicable, of liquidated damages.
8.19 D
elays and Extensions of Time
(a) Excusable Delays - shall mean delays in the prosecution or completion of the work which result from causes beyond the control of the Contractor and City and which could not have been avoided by the exercise of care, prudence, foresight, and diligence on the part of the Contractor, suppliers, or any tier of the Contractor’s subcontractors. Excusable Delays fall into the following categories:
1. Abnormal Delays – Excusable Delays caused by acts of god, fire, unusual storms, floods, tidal waves, earthquakes, strikes, labor disputes, freight embargoes, and shortages of materials insofar as they prevent the Contractor from proceeding with at least seventy -five percent (75%) of the normal labor and equipment force for at least five (5) hours per day toward completion of the current critical path activity.
2. Weather Delays – Excusable Delays due to inclement weather conditions or the conditions resulting from weather prevent the Contractor from proceeding with seventy-five percent (75%) of the normal labor and equipment force engaged in the current critical activity item for a period of at least five (5) hours per day toward completion of the current critical path activity.
3. Material Shortage Delays – Excusable Delays due to shortages of material, provided that the Contractor submits satisfactory proof to the Engineer. For the proof to be satisfactory, the Contractor must demonstrate that every effort to obtain the materials from all known sources within reasonable reach of the proposed work has been made. Only the physical shortage of material, caused by unusual circumstances, will be considered under these provisions as an excusable delay, and no consideration will be given to any claim that material could not be obtained at a reasonable, practical, or economical price, unless it i s shown to the satisfaction of the Engineer that such material was only available at exorbitant prices. A material shortage delay will not be considered for material
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ordered or delivered late or for material whose availability is affected by virtue of mishandled procurement. The above provisions shall apply equally to equipment to be installed in the work.
(b) Compensable Delays - shall include delays that occur in the prosecution or completion of the work, through no fault of the Contractor which prevent the Contractor from proceeding with at least seventy-five percent (75%) of the normal labor and equipment force for at least five (5) hours per day toward completion of the current critical activity item(s) on the latest favorably reviewed progress schedule due to the following causes:
1. Delays due solely to the actions and/or inactions of the City.
2. Delays due to changed cond itions as defined in General Provisions, Section
5.05, “Requests for Information, Inconsistencies and Changed Conditions”.
3. Delays due to other Contractors employed by the City who interfere with the Contractor's prosecution of the work as defined above.
(c) Inexcusable Delay - means any delay in the completion of the work beyond the expiration of the contract time resulting from causes other than Excusable Delays or Compensable Delays. An Inexcusable Delay shall not entitle the Contractor to an extension of the contract time or an adjustment of the contract sum. In addition to liquidated damages for inexcusable delays, the Contractor agrees to pay the City’s actual costs, including charges for engineering, inspection and administration incurred during the delay. (d) Concurrent Delays - those periods of delay when the prosecution of the work is delayed during the same period of time due to causes from a combination of the delays defined as Excusable, Compensable or Inexcusable.
If the Contractor desires an extension of time, he shall file a written request based upon the delays reported. The Engineer will ascertain the facts, the extent of the delays, and the effect upon the entire project, and the City will grant an extension of time equivalent to verified time lost. The request for an extension of time must be made no later than ten (10) working days after the start of the condition that purportedly caused the delay, and no later than fifteen (15) working days after the date on which performance on the condition purportedly causing the delay has ended.
Contractor may make a delay claim for an extension of the contract time for an Excusable Delay or a Compensable Delay. If an Excusable Delay and a Compensable Delay occur concurrently, the maximum extension of the contract time shall be the number of calendar days from the commencement of the first delay to the cessation of the delay which ends last. If an Inexcusable Delay occurs concurrently with either an Excusable Delay or a Compensable Delay, the maximum extension of the contract time shall be the number of calendar days, if any, by which the Excusable Delay or the Compensable Delay exceeds the Inexcusable Delay.
For a Compensable Delay, the Contractor may make a delay claim for an adjustment in the contract sum in an amount equal to the sum of the actual and unavoidable additional costs of labor, material, and equipment furnished at the site by the Contractor or subcontractors, including wages, salaries, fringe benefits and payroll taxes.
Extensions of time, when granted, will be based upon the effect of delays to the project as a whole and will not be granted for non- controlling delays to minor portions of the work unless it can be shown that such delays did, in fact, delay the progress of the project as a whole. For purposes of determining delays, all float associated with the project schedule shall belong to the project. See General Provisions, Section 8.05, “Baseline Construction Schedule”.
If delays are caused by unforeseen events beyond the control of either the Contractor or the City, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor shall not be entitled to damages or additional payment due to these delays. War, governmental regulations , labor disputes, strikes, fires, floods, adverse weather necessitating cessation of work, other similar action of the elements, inability to obtain materials, equipment, or labor because of Federal Government
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restrictions arising out of National Defense, required extra work, action or inaction by the City, or other specific reasons as may be further described in the specifications may constitute such a delay. If delays beyond the Contractor’s control are caused by reasons other than those mentioned above, but are substantially equal in gravity to those enumerated, an extension of time may be granted, if deemed by the Engineer to be in the best interests of the City.
The Contractor shall be entitled to an extension of time if delayed due to a failure of the City to furnish necessary right -of-way or materials which the City agreed to furnish, or by the City’s failure to supply necessary plans or instructions concerning the work, after written request by the Contractor.
For Compensable Delay periods resulting in indirect overhead expenses, the Contractor shall be reimbursed as provided for in General Provisions, Section 5, “Changes in Work”.
8.20 S
ubstantial Completion – When work in accordance with the Contract Documents has progressed to a stage of one- hundred percent (100%) complete, as determined by the Engineer, except for the completion of minor punch list items of deficiencies or omissions in the work which require correction in order to satisfy the agreement, yet do not impair the City’s ability to occupy and fully utilize the work for its intended purpose, the project shall be deemed “Substantially Complete”. Portions of the work may also be designated by the City as substantially complete if the Contract Documents require separate delivery.
Wh
en the Engineer determines that the work or such designated portions of the work are substantially complete, the Engineer will prepare and sign a Certificate of Substantial Completion. The date of substantial completion shall establish the date at which days charged against the project duration shall terminate. The date of substantial completion shall also establish the date of occupancy by the City and the transfer of responsibility from the Contractor to the City for such items as security, maintenance, heat, utilities, insurance, and damage to the work from causes other than that of the Contractor. Unless otherwise indicated in the Certificate of Substantial Completion, the Contractor’s guarantee for the work shall commence upon the date of substantial c ompletion. See General Provisions, Section 11.01, “Contractor’s Guarantee”.
8.21 P
roject Closeout - After the Contractor has received the Certificate of Substantial Completion and has only minor work remaining, project closeout may begin. The following items and procedures are required as part of the project close out process. (a) F ollowing the completion of punch list items, the Contractor shall make a written request to the city to conduct a final inspection. The written request shall be accompanied by a Certification that the work has been performed in accordance with the Contract Documents.
(b) Within fourteen (14) days of receipt of the Contractor's Certificate of Completion, a final inspection will be scheduled and conducted by the City. As a result of the inspection, the City will advise the Contractor of any work that must be completed or corrected before Acceptance, in the form of a punch list.
(c) The City will conduct a re- inspection of the punch list items within when requested by the Contractor, in writing, with assurances that the punch list requirements have been met.
Any charges by a Consulting Engineer/Architect hired by the City to do repeat re- inspection of the punch list may be recovered from the Contractor. (d) The contractor shall provide a final payment request with lien releases (if applicable) in a format acceptable to the City.
(e) The as-built drawings and all record documents and shall be provided to the City by the Contractor including but not limited to, equipment operation and maintenance manuals, copies of warranties, shop drawings, product data, etc. Record documents shall be properly identified and organized into binders.
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8.22 Final Completion - After the Contractor has received the Certificate of Sub stantial Completion along with the punch list, and has completed the items identified as necessary for project closeout, the Engineer will make a determination as to if the work is fully completed and in accordance with the Contract Documents. If so, the Engineer will recommend final acceptance to the City Council.
S
hould it become necessary, due to developed conditions, for the City to occupy any portion of the work, or any part of any structure or equipment, before the contract is completed or accepted, such occupancy shall not constitute an acceptance of any part of the work, unless so stated in writing by the City.
8.23 F inal Acceptance – Final acceptance by the Engineer will be considered after the work has been fully completed. A Notice of Completion will be filed with the County Recorder once Final Acceptance has been made.
8.24 R isk of Loss - The Contractor shall be responsible for the charge, care and protection of the project and shall bear all risks of injury or damage to the work, materials or equipment delivered to the site, by any means including fire, earthquake, wind, storm or other action of the elements, vandalism, or loss by theft, from the date of Notice to Proceed to the date of the filing of the Notice of Completion by the Engineer. The Contractor shall rebuild, repair, restore and make good all injuries or damage to any portion of the work, and shall bear the entire expense thereof, except such injuries or damages that are caused by riot, insurrection, acts of the Federal or State Government, or a public enemy in time of war.
8.25 U
se of Improvements During Construction - The City reserves the right to take over and utilize all or part of any completed facility or appurtenance. Such action by the City will not relieve the Contractor of responsibility for injury or damage to said completed portions of the improvement resulting from use by public traffic, from the action of the elements or from any other cause attributable to the Contractor’s operations or negligence. The Contractor will be required to restore such portions of the improvement before final acceptance. Nothing in this Section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials.
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SECTION 9 —RESPONSIBILITIES OF THE CONTRACTOR
9.01 Contractor’s Responsibility for the Work - The Contractor shall supervise, coordinate, and direct the work using Contractor’s best skill and attention. Contractor shall have control over and be solely responsible for construction means, methods, techniques, sequences, procedures, and the coordination of all portions of the work in accordance with the terms of the Contract Documents until the completion and final acceptance of the work by the City. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws.
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he Contractor shall rebuild, repair, restore and make good all injuries, damages, re- erections and repairs occasioned or rendered necessary by causes of any nature whatsoever, excepting only acts of God and none other, to all or any portions of the work, excepting as otherwise s tipulated.
9.02 C ontractor’s Responsibility for Subcontracted Work - The City will deal directly with, and make all payments to the Contractor only. The Contractor shall be responsible for the coordination of all trades, subcontractors, and suppliers engaged upon the work. Neither the City nor the Engineer will undertake to settle any differences between the Contractor and the subcontractors.
A
ll persons engaged in the work, including subcontractors, will be considered as employees of the Contractor. The Contractor will be held responsible for their work and shall be responsible to the City for acts and omissions including those by their respective agents and employees.
When subcontracted work is not prosecuted in a manner satisfactory to the Engineer, the Contractor shall be notified to take corrective action within a specified time. If timely correction is not made, then upon receipt by the Contractor of written instructions from the Engineer, the Subcontractor shall be removed immediately from the work and shall not be reemployed.
9.03 S
uperintendent - The Contractor shall employ, and provide a written letter designating a superintendent and/or representative and all their contact information. The superintendent and/or representative shall be present on the job site whenever work is in progress to coordinate all work with the City and neighboring property owners, and who shall be available by phone twenty-four (24) hours per day, seven (7) days a week up to the Final Acceptance of the work by the City. A backup representative may also be provided. A joint venture shall designate only one Superintendent.
C
ity approval of the Superintendent is required prior to starting work. The City reserves the right to request an appropriately qualified replacement of the Superintendent any time during constructio n of the project. Contractor shall provide the Engineer with the Superintendent’s telephone number, along with an after-hours emergency contact number of a responsible person who shall correct hazardous situations, should they occur, during times other than the normal working hours.
Directions and information given to the Superintendent shall be considered as having the same effect as if delivered to the Contractor and the Superintendent shall have full authority to execute the same and to supply materials, tools and labor without delay, and who shall be the legally appointed representative of the contractor. Contractor shall be liable for the faithful observation of any instructions delivered to Contractor’s duly appointed representatives.
9.04 C
haract er of Workers - Contractor shall provide competent, fully qualified personnel to perform the work and shall at all times maintain good discipline and order among its employees and Subcontractors. Any employed person or Subcontractor who is found to be inc ompetent, intemperate, troublesome, disorderly or otherwise objectionable or who fails or refuses to perform the work properly and acceptably, shall be immediately removed from the work by the Contractor and shall not be reemployed. Such discharge shall not be the basis of any claim for compensation or damages against the City of San Carlos or any of its officers, employees or agents.
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9.05 Laws to be Observed - The Contractor shall be fully informed of, and at all times observe and comply with all Federal, State and County laws, including those of CAL- OSHA; all municipal ordinances and regulations of the City of San Carlos; and all orders and decrees of bodies having jurisdiction over the work. The Contractor shall also cause all agents and employees engaged on the project to observe and comply with all such laws, and shall protect and indemnify the City of San Carlos and all officers, employees, and agents thereof connected with the work against any claim or liability arising from or based on the violation of any such law
(a) N
on- Discrimination – Attention is directed to Labor Code, Section 1735 which reads as follows: “No discrimination shall be made in the employment of persons upon public work because of the race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or sex of such persons, except as provided in Government Code, Section 12940 and every Contractor for public works violating this Section is subject to all the penalties imposed for a violation of this chapter.” (b) A lien Labor - The Contractor shall forfeit as penalty to the City of San Carlos fifty dollars ($50.00) for each alien with no permit to work in the United States of America (USA) knowingly employed in the contract, by Contractor or by any hired Subcontractor upon any of the work herein mentioned, for each calendar day, or portion thereof, during which such alien is permitted or required to labor in violation of the provisions of the Labor Code and in particular Sections 1850 to 1854 thereof, inclusive. (a) Hours of Labor – Hours of labor shall be pursuant to Labor Code, Sections 1810.
Pursuant to Labor Code, Sections 1813, Contractor shall forfeit to the City, as a penalty, twenty-five dollars ($25.00) for each worker employed in the execution of this Agreement by Contractor, or any Subcontractor in violation of the terms of this Section or in violation of the provision of any law of the State of California. Such forfeiture amounts may be deducted from the contract sum. Contractor and each Subcontr actor shall keep, or cause to be kept, an accurate record showing the actual hours worked each calendar day and each calendar week by each worker employed on the project, which record shall be kept open at all reasonable hours to the inspection of the City, its officers and agents, and to the inspection of the appropriate enforcement agency of the State of California. (d) Prevailing Wage – As identified in the Notice to Bidders, the work contemplated by this agreement is a public work subject to prevailing wages under California Labor Code, Sections 1720 et. seq. The State of California Department of Industrial Relations has ascertained the general prevailing per diem wage rates in the locality in which the work is to be performed for each craft, classification, or type of worker required to perform the work. A schedule of the most recent general prevailing per diem wage rates made available to the City will be on file at the City’s principal facility office and will be made available to any interested party upon request. This prevailing wage rate schedule is provided by the City for Bidder’s information only and is not guaranteed by the City to be current. Contractor is obligated to verify all appropriate prevailing wage rates and pay those rates as required. By this reference the verified current schedule of prevailing wage rates is made part of the Contract Documents. Contractor shall pay not less than the prevailing per diem wage rates, as specified in the schedule and any amendments thereto, to all workers employed by Contractor in the execution of the work. Contractor shall cause all subcontracts to include the provision that all Subcontractors shall pay not less than the specified prevailing per diem wage rates to all workers employed by such Subcontractors in the execution of the work.
Contractor shall forfeit to the City, as a penalty, no more than fifty -dollars ($50.00) for each calendar day or portion thereof for each worker that is paid less than the specified prevailing per diem wage rates for the work or craft in which the worker is employed for any portion of the work done by Contractor or any Subcontractor in violation of the provisions of the Labor Code, and in particular Sections 1770 to 1781 thereof, inclusive.
Such forfeiture amounts may be deducted from the contract sum. Contractor shall also pay to any worker who was paid less than the specified prevailing per diem wage rate for the work or craft for which the worker was employed for any portion of the work, for each
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calendar day, or portion thereof, for which the worker was paid less than the specified prevailing per diem wage rate, an amount equal to the difference between the specified prevailing per diem wage rate and the amount which was paid to the worker.
The City will not recognize any claim for additional compensation because of the payment by the Contractor for any wage rate in excess of prevailing wage rates set forth in the Agreement, including payment in excess of the prevailing wage for extra work paid by force account. The possibility of wage increases is one of the elements to be considered by the Contractor in determining the Contractor’s bid and will not, under any circumstances be considered as the basis of a claim against the City under the Agreement.
(e) Payroll Records - Pursuant to Labor Code, Sections 1776, Contractor and all Subcontractors shall keep an accurate payroll record, showing the name, address, social security number, job classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the work. All payroll records shall be certified as being true and correct by Contractor or Subcontractors keeping such records; and the payroll records shall be provided to the City no later than three weeks after closing of payroll. The Contractor and all Subcontractors must also furnish electronic certified payroll records to the Labor Commisioner of the State of California, D epartment of Industrial Relations.
(f) Apprentice Program - Attention is directed to State of California Labor Code, Sec tions 3095, 1777.5, 1777.6, and 1777.7 and Title 8, California Code of Regulations, Section 200, and the applicable Sections that follow. Responsibility for compliance with these requirements lies with the Contractor. To ensure compliance and complete understanding of the law requiring apprentices, and specifically the required ratio thereunder, Contractor or Subcontractors should, where some question exists, contact the Division of Apprenticeship Standards, 425 Golden Gate Avenue, 4 th Floor, San
Francisco, California, 94102 or one of its branch offices prior to commencement of the work. In the event Contractor willfully fails to comply with this Section, it will be considered in violation of the requirements of the Contract.
Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Contractor or Subcontractors of journeyworker trainees who may receive on- the-job training to enable them to achieve journeyworker status in any craft or trade under standards other than those set forth for apprentices.
(g) Safety Program – the Contractor shall conform to the rules and regulations pertaining to safety established by the California Division of Industrial Safety and to all requirements as set forth in the State of California Construction Safety Orders ( CAL-OSHA), and in particular, Article 3 of these Safety Orders, regarding Accident Prevention and safety meetings. Within ten (10) working days following the Notice of Award the Contractor shall provide a copy of the Contractor’s Safety Plan. The price paid for the plan is included in the various contract items of work and no additional compensation will be made therefore.
9.06 P
ermits and Fees – Unless otherwise stated in the Special Provisions, the Contr actor shall procure all permits, registrations and licenses, including a City business registration, pay all charges and fees, and give all notices necessary for lawful prosecution of the work. All permits, registrations, licenses, and other authorizations shall be secured in sufficient time to prevent delays to the work. The Contractor shall comply with the provisions of said permits, licenses and other authorizations. The contractor shall submit satisfactory proof to the City, prior to issuance of the Notice to Proceed, that such permits, registrations or licenses are and will be in effect throughout the entire life of this contract. The contractor shall keep all permits, registrations and licenses posted on the job site.
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For City Capital Improvement Construction Projects, the Contractor shall obtain a “No Fee” encroachment and/or building permit. Contractor shall coordinate through the Engineer to insure that all appropriate construction inspections occur.
9.07 C oordination and Cooperation - Construction work by utility companies or other Contractors may be needed or may be occurring simultaneously within or adjacent to the limits of work for this project. The Contractor shall coordinate and cooperate with all other Contractors and utility companies throughout the duration of this project to avoid delays and minimize interference and conflicts. Cooperation will be required in the arrangement for the storage of materials, and in the detailed execution of the work.
It is the Contractor’s responsibility to ascertain the nature of work by others, coordinate the work, and install, modify, and maintain traffic control as necessary to avoid interferences and delays on the construction activities. Failure of the Contractor to keep informed of the work progressing on the site and failure to give written notice of lack of progress or defective workmanship by others shall be construed as acceptance by the Contractor of the status of the work as being satisfactory for proper coordination w ith Contractor’s work.
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here the work of one trade joins or is on the other’s work, there shall be no lack of continuity or discrepancy when work is completed. In conforming one kind of work with another, marring or damaging other work will not be permitted. Should improper work of any trade be covered by another which results in damage or defects, the whole work affected shall be made good by the Contractor without expense to the City.
The City reserves the right to perform work or allow others to perform work, as necessary, within or adjacent to the limits of this project, at any time. If the Contractor or any of the Subcontractors or employees causes loss or damage to any separate Contractor on the work, the Contractor, by agreement or arbitration, if they deems it necessary, will settle any claim for such loss or damage. If such separate Contractor shall sue the City, on account of any loss so sustained, the City shall notify the Contractor, who shall indemnify and hold harmless the City against any loss or damage arising therefrom, including the cost and expense of defending any such suit.
If any portions of the work specified herein are to be installed in any right -of–way owned by t he State, County, Municipality, or other public entities or public utilities, it shall be incumbent upon the contractor to familiarize described above will necessarily be subject to their inspection and approval before acceptance of these portions of the work by the Engineer. Any costs for inspection by agents other than those of the City shall be borne by the contractor. Where other agencies have jurisdiction over some portion of the work, and the requirements of the agencies are at variance with this specification, then that portion of the work shall be done in accordance with the requirements of the agency(ies).
The Contractor shall absorb in the bid all costs involved in coordinating the work with others. The Contractor will not be entitled to additional compensation from the City for damages resulting from such simultaneous, collateral and essential work.
9.08 U
se of Premises - The Contractor shall confine construction activities to the project limits; which shall consist of right-of-way, easements and/or property owned by the City of San Carlos. With prior approval of the Engineer, adjacent street right -of-way may also be utilized for day -to-day operations.
Unless approved by the E ngineer, no storage of materials and equipment will be allowed to remain within the right-of-way during non-working hours, on the weekends, or during holidays.
Each day, after the completion of construction operations, unless otherwise approved by the Engi
neer, the project limits shall be secured and made accessible to the public. All excess materials and equipment not protected by approved traffic control devices (such as k-rails) shall be relocated to a staging area or demobilized. Trench spoils shall be off-hauled daily and open excavations shall be protected with steel plates.
Personnel of Contractor and Subcontractors shall not occupy, live upon, or otherwise make use of the project site during any time that work is not being performed at the project site, except as otherwise provided for in the Contract Documents for issues such as site security.
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9.09 C onstruction Staging and Field Office - If additional space beyond the construction limits is necessary for staging, the Contractor shall, make special arrangements with neighboring property City(s) to secure a staging area for a field office and/or material and equipment storage, at Contractor’s expense. The staging area must be fenced, with screening, and shall be operated in a manner that minimizes the inconvenience to neighbors.
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he Contractor is encouraged to negotiate side agreements with the property owners of such sites prior to submitting bids. Prior to occupying the staging area, the Contractor will be required to provide to the Engineer a copy of the agreement or temporary construction easement granted by the property owner. A written release from the property owners or City, holding the City harmless from liability, will also need to be provided. In addition to approval from the prop erty owners, the Contractor may also need to secure a Use Permit from the City’s Planning Division.
9.10 S
ite Security - Contractor shall be responsible for the care and custody of work and the site, including all necessary security provisions, on a 24- hour per day basis throughout the entire term of the Agreement. The Contractor shall provide and maintain storage facilities and employ such measures as will preserve the specified quality and fitness of materials to be used in the work.
9.11 C onstruction Water – The Contractor is responsible for obtaining all water required for the project and shall work with, and obta in all permits from, the appropriate water purveyor prior to obtaining construction water. If hydrant water is to be used, the Contractor must first obtain a hydrant meter and pay all related expenses. Direct connections to hydrants without a meter are n ot allowed. If water trucks are used, they shall be installed with backflow prevention devices. The cost of water, including all associated fees, deposits or permits shall be incorporated into the various bid items and no separate payment shall be made. Water purveyors include:
California Water Service Company Mid-Peninsula Water District Bayshore District - Customer Center 3 Dairy Lane
341 North Delaware St. P.O. Box 129
San Mateo, CA 94401-1727 Belmont, CA 94002
M-F: 8 a.m. to 4:30 p.m. M- F: 8 a.m. to 4:30 p.m.
Tel.: (650) 558-7800 Tel.: (650) 591-8941
[email protected] mi dpeninsulawater.org
9.12 P roject Site Maintenance – All work identified in this section shall be considered as part of the contract bid items, and no separate payment will be made thereof. (a) D isposal of Material - Unless otherwise shown on the plans or specified herein, all excess materials and materials removed from existing improvements shall become the property of, and be disposed by the Contractor. The Contractor shall be responsible for all costs associated with disposing all excess materials in a safe and legal manner. No material shall be placed on private or public property without prior approval from the City and the property owner. The Contractor shall not allow any refuse, excavated material, surplus concrete or mortar, or any associated washings, to be disposed upon paved streets, into manholes or into the City’s storm drain system.
Contractor shall establish a system for daily collection and disposal of waste materials from construction areas and elsewhere on the site. Contractor shall handle waste materials that are hazardous, dangerous, or unsanitary separately from inert waste by containerizing appropriately. Burning or burying of waste materials on site will not be permitted.
All materials removed from the existing improvements, which in the opinion of the Engineer have salvage value, shall be delivered to the City Corporation Yard at 1000 Bransten Road, San Carlos, or at any other site designated by the Engineer within the City and shall be considered as part of the contract bid items, with no separate payment will be made thereof.
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(b) Cleanup and Dust Control – at all times during construction, including weekends and holidays, and throughout all phases of construction, including work suspensions and until final acceptance of the project, the Contractor shall keep the work site clean and free from rubbish, debris, and prevent the formation of an airborne dust nuisance.
Materials and equipment shall be removed from the site as soon as they are no longer necessary. Upon completion of the work and before final inspection, the entire site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance.
The Contractor shall abate dust nuisance by cleaning, sweeping, and sprinkling with water, those excavated areas of dirt or other materials which are prone to causing dust, within both the project site and the storage or staging area. If required or directed by the Engineer, the Contractor shall provide an approved water truck of large capacity with spraying capability and/or street sweeper.
The Contractor shall be required to apply water for dust control immediately during construction efforts and within one (1) hour after notification by the Engineer that an airborne nuisance exists. If dust control is not adequate, in the opinion of the Engineer, the Engineer will have this work performed by others and will deduct such cost from the total contract price.
All hauling trucks or other construction vehicles leaving the site shall be cleaned of mud or dirt clinging to exterior body surfaces or wheel rims before traveling on City streets outside the work limits. All trucks coming to or leaving the site with materials or loose debris shall be loaded in a manner, which will prevent the dropping of materials or debris on City streets. Spillage resulting from hauling operations along or across any public traveled way shall be removed immediately.
When construction operations cause dirt to be deposited on public streets, the Contractor shall immediately remove such material. Streets shall be cleaned by street sweeping, rather than flushing, so as to prevent mud from entering the storm drain system.
Excess excavated material shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping.
Failure of the Contractor to comply with the Engineer’s cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension.
(c) Air Pollution Control - The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority.
(d) Noise Control - The Contractor shall make every reasonable effort to control noise generated as a result of construction to the satisfaction of the Engineer. Use of an air compressor, jackhammer or other loud, vibrating sound generating device shall be limited to operations between the hours of 8:00 a.m. and 6:00 p.m. Monday thru Friday and between 9:00 a.m. to 5:00 p.m. on Saturday and Sunday, unless otherwise authorized by the Engineer.
(e) Vermin Control - At the time of acceptance, structures entirely constructed under the contract shall be free of rodents, insects, vermin and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the contract work within the contract time and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations.
(f) Sanitation - The Contractor shall provide and maintain enclosed toilets for the use of employees engaged in the work. These accommodations shall be maintained in a neat
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and sanitary condition. They shall also comply with all applicable laws, ordinances and regulations pertaining to the public health and sanitation of dwellings and camps. (g) Wastewater - Wastewater systems shall not be interrupted. Should the Contractor disrupt existing sewer facilities, the Contractor shall immediately notify the Engineer, and the Contractor shall establish a plan, subject to the approval of the City, to convey the sewage in closed conduits and disposed of it back into the sanitary sewer system.
Sewage shall not be permitted to flow in trenches or be covered by backfill. (h) Temporary Light, Power and Water - The Contractor shall furnish, install, maintain, and remove all temporary light, power, and water, including piping, wiring, lamps, and other equipment, necessary for the work at Contractor’s expense. The Contractor shall not draw water from any water source, except to extinguish a fire, without first obtaining permission from the appropriate water utility company/agency. (i) Storm Water Pollution Control – All work shall conform to the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Order No. 2009- 0009- DWQ, NPDES No. CAS000002) ("General Permit"), and the NPDES Municipal Regional Stormwater Permit (MRP) (Order No. R2- 2015-0049, NPDES No. CAS612008). The Contractor shall implement all applicable San Mateo Countywide Water Pollution Prevention Program (SMCWPPP) measures and Best Management Practices (BMPs).
Failure to comply with the approved construction BMPs will result in the issuance of correction notices, citations and/or a stop work order.
The Contractor shall submit to the City a Stormwater Pollution Prevention Plan (SWPPP) or Water Pollution Control Plan (WPCP), prepared in compliance with all NPDES requirements. The SWPPP/WPCP prepared by the Contractor shall address how the Contractor will prevent materials from being rinsed or washed into the storm drain system and specify which BMPs will be implemented for preventing sediment and pollutant discharges into the storm water system. The Contractor shall provide for the construct ion of facilities which may be required to prevent, control, and abate water pollution.
All construction efforts shall be conducted in a manner which prevents the release of hazardous material or hazardous waste into the soil or groundwater, and minimizes the discharge of pollutants into the storm drain system. No pollutants will be allowed to enter the storm drainage system. The Contractor shall be responsible for containing and removing any waste from the Contractor’s construction operations using the a ppropriate BMP. The Contractor shall be responsible for cleaning catch basins of solid or liquid waste materials originating from the Contractor’s operation before this material migrates further into the storm drain system. Violation of this provision shall cause the City to issue a stop- work notice and take necessary action to require the Contractor to correct and comply with regulations. All costs related to the stop- work action and corrective work to come into compliance shall be fully borne by the Contractor.
Existing Drainage Conditions - If the work performed interferes with established drainage patterns, ample provisions shall be made by the Contractor to correct the interference.
The City may also direct the Contractor to take additional measures to be performed at the Contractor 's expense.
Illicit Discharge - No dumping or discharge of construction materials, debris, and hazardous materials will be permitted into the City's storm drainage system. In the event of any discharge, leakage, spill or emission of hazardous materials, Contractor shall promptly notify the City and shall clean all affected property. The Contractor shall indemnify, hold harmless and defend the City against all liability incurred as a result of any such discharge, leakage, spill or emission, regardless of whether such liability, cost or expense arises during or after the term of the permit.
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9.13 Preservation of Property - The Contractor shall be responsible for the protection of public and private property adjacent to the work.
D
ue care shall be exercised to avoid damage to existing roadway improvements and facilities, adjacent property, roadside trees, lawn and shrubbery not designated for removal, pole lines, fences, signs, survey markers and monuments, buildings and structures, conduits, pipe lines under or above ground, sewer and water laterals, and any other improvements or facilities within or outside the limits of construction. As ordered and approved by the Engineer, the Contractor shall provide and install suitable safeguards to protect such objects from injury or damage. If such objects are injured or damaged by reason of the Contractor’s operations, they shall be replaced or restored, at the Contractor’s expense, to a condition as good as when the Contractor entered upon the work, or as good as required by the Contract Documents.
Existing striping damaged during construction within and adjacent to the project site shall be replaced with thermoplastic. Partially damaged striping (such as what might occur trenching through a pavement legend), shall be replaced in their entirety.
Contractor shall preserve carefully bench marks, reference points, and stakes; in case of willful or careless destruction, will be charged with the resulting expense of replacement and shall be responsible for any mistakes that may be caused by their unnecessary loss or disturbance.
Any survey monuments that are damaged or removed as part of the construction shall be replaced by the Contractor and a Record of Survey, as required by State law, shall be filed by a licensed Land Surveyor at the Contractor's expense.
The fact that any such improvement or facility is not shown upon the plans shall not relieve the Contractor of responsibility under this Section. It shall be the Contractor’s responsibility to ascertain the existence of any underground improvements or facilities indicated on the plans, indicated by locating services, or as evidenced by facilities visible in the field.
Contractor shall protect the work, supplies and materials from damage due to the nature of the work, the action of the elements, trespassers, or any cause whatsoever which is under Contractor’s control, until the completion and acceptance of the work. Neither the City nor any of the City's agents assume any responsibility for collecting indemnity from any person(s) causing damage to the work of the contractor.
9. 14 Protection of Buried Utilities – When the Contractor's attention is directed to the existence of pipes, cables, culverts, and other underground structures and improvements which may or may not be shown on the plans , i t is the responsibility of the contractor to ascertain the exact location of such underground utilities in advance of any digging operations so that they shall not be disturbed or damaged by the Contractor during the progress of the work. All expenses of whatever nature arising from such disturbance or replacement or repair thereof shall be borne by the contractor.
I
f the location of pipelines being installed by the contractor under this contract conflicts with the location of existing pipelines, contractor shall so notify the Engineer in writing. The Engineer will ascertain the location of the existing utility in question and may reuire relocatation of the pipeline being installed for the convenience of the Contractor. It shall not be construed that the City or the Engineer is in any way required or obligated to locate or relocate pipelines to locations other than shown on the contract plans. If the Engineer relocates pipelines at the request of the contractor, the contractor shall bear all the expenses incurred in connection therewith.
9. 15 Protection of Bridges - Contractor shall be responsible for any damage they may cause to bridges, culverts and road structures. The Contractor shall determine in advance the allowable safe load for each structure and, if necessary, provide special shoring and support at Contractor’s expense.
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9.16 Protection of Traffic Signal Facilities - The Contractor shall give at least seventy-two (72) hours advance notice to the Engineer before commencing any street work (such as pavement grinding or trenching) that may potentially damage any traffic signal detection loop wires or any other signal facility.
This requirement is in addition to any Underground Services Alert notifications. The City will then mark the underground traffic signal facilities.
T
he Contractor shall not proceed with any grinding, trenching or other underground work until it has been verified with the Inspector that signal facilities have been marked.
In the event that the Contractor's construction activities cause any failure of a traffic facility, it shall be repaired and be made fully operable within 24- hours of the damage occurring. In the event that such repair is not undertaken within this time limit, the City may repair the facility at the Contractor’s expense.
9.17 R
estoration of Adjacent and Existing Improvements - Contractor shall do all cutting, fitting, or patching of the work required to make all parts of the work come together properly with existing and adjacent conditions.
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nless otherwise provided, the Contractor shall repair or replace all existing improvements (e.g., curbs, sidewalks, driveways, fences, signs, utilities, street surfaces, structures, etc.) damaged or removed as a result of the Contract operations. Repairs and replacements shall be at least equal to existing improvements, and shall match in terms of condition, finish and dimension to the satisfaction of the Engineer.
All Underground Services Alert (USA) markings, including the initial markings made by the Contractor and those markings placed by others in responseshall be removed at the Contractor’s expense when they are no longer required. Acceptable means of removal include sand blasting , high pressure washing, or other means approved by the Engineer.
All traffic signs and street signs within the limit of work necessarily removed during the various phases of operations shall be temporarily reset by the Contractor at or near the original location upon completion of each phase of construction operations. Prior to removal of all traffic control signs, the Contractor shall submit photographs of the site which show the existing location of these signs so that upon completion the photographs will aid in resetting the signs at or near their original location. Traffic control signs and street signs will be replaced upon completion of the work and the cost of removal and replacement shall be considered as part of the contract bid items, and no sep arate payment will be made thereof.
Rural type mail boxes shall be maintained by the Contractor in a manner satisfactory to the property owner and postal service, and the Contractor shall relocate the same as soon as possible to a permanent location in accordance with postal regulations and in a location acceptable to the property owner.
Any object to be removed and reused at other locations shall be removed with due care and delivered or stored at the project’s construction storage area, or if approved by the Engineer, at any other site designated by the Engineer within the City. Such objects may consist of street light poles, signal mast arms and other objects directed by the Engineer. Items not approved by the Engineer for reuse purposes, and without salvage value, shall become the property of the Contractor, to be disposed of at Contractor expense, in an acceptable manner.
9.18 A
rcheological Remains - If human and/or archeological remains are uncovered during excavation. All earthwork within one-hundred (100) feet of these materials will be stopped until a Coroner and/or professional archeologist (SCA) and/or the Society of Professional Archeology (SOPA) has had an opportunity to evaluate the significance of the find and suggest appropriate mitigation measures.
9.19 A ccess to Private Property - The Contractor shall schedule and perform operations so as to minimize disruption of access to private property. Prior to blocking access to any private driveway or
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parking lot entrance, the Contractor shall notify the resident s, business owners or tenant s of pending closure and allow residents to remove vehicles. During non- working hours no driveway, house or parking lot shall be denied access to a public roadway.
The Contractor shall coordinate with the adjacent property owners and businesses and maintain vehicle and pedestrian access to their properties at all times. Temporary access ramps, fencing, or other measures shall be provided as needed.
9.20 T
raffic C ontrol and Public Convenience – The Contractor shall provide for safe movement of all vehicular, bicycle and pedestrian traffic through and around the construction operations with as little inconvenience and delay as possible. The Contractor shall have no amount of work under construction other than what he can properly prosecute with due regard to the rights and convenience of the public.
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roper conveyance of vehicular traffic and pedestrians through the work area depends upon navigating under unexpected situations. The means of clarifying such conditions to the public include the Contractor’s use of signs, flagmen, pavement markings, barricades, lights, cones and delineators. No one standard sequence of signs or control devices will suit all conditions which may result from construction operations. Even for the same work, the conditions may vary from hour to hour, requiring adjustment and revisions of the traffic control in effect. The traffic control requirements specified herein are therefore intended to establish general principles to be observed in the control and regulation of traffic through and around the construction operations anticipated for this project. The requirements set forth in this Section represent the minimum traffic control requirements imposed and the Contractor shall be solely responsible for providing the full extent of traffic control measures that are necessary. Only individuals trained in the principles of implementing traffic control and/or traffic control flagging shall b e assigned that responsibility at the work site.
(a) Traffic Control Plan – The Contractor shall submit a Traffic Control Plan to clearly describe proposed traffic control measures. The plan shall be generally in accordance with the illustrations included in the “California Manual of Uniform Traffic Control Devices” and the “Work Area Traffic Control Handbook”, (Building News Incorporated P.O. Box 3031, Terminal Annex, Los Angeles, CA 90051). The submittal shall consist of scaled drawings for each sit uation anticipated to be encountered, i.e., intersections, mid- block (each during working and non-working hours), etc. The drawings shall show signs, traffic control devices and flagmen as required.
The Traffic Control Plan shall be directed equally to the regulation and protection of non- vehicular traffic including pedestrians, bicyclists, joggers, skaters, skateboarders, etc.
The Contractor shall provide for the protection and separation of non- vehicular traffic from construction operations at all times . No work involving the implementation of traffic control shall begin until the Engineer has reviewed and has no exception to the traffic control plans. The Contractor may implement a revised Traffic Control Plan only with subsequent review with no exceptions by the Engineer.
(b) Traffic Control Devices - Traffic control devices shall be provided in sufficient quantities and types as required to provide safe and adequate traffic control. During hours of darkness, approved lights and/or flares shall be included, in proper working order, to illuminate signs and hazards and alert approaching traffic. Barricades shall be furnished and maintained along all open trenches in contact with traffic. No work may begin on any day or at any time before traffic control devices have been placed, test driven and, if required, adjusted and revised. All traffic control devices shall be placed in accordance with the Manual of Uniform Traffic Control Devices and the Contractor’s favorably reviewed traffic control plans. Locations of devices shall be adjusted to suit the conditions and circumstances of each detour situation. In all cases, signs shall be placed to most effectively convey their messages to approaching traffic.
The Contractor shall maintain all traffic control devices, at proper locations and in proper working order, at all times during construction operations and whenever a hazard resulting from Contractor’s operations exists. The Contractor shall adjust and revise traffic control devices, placement, etc., to suit changing conditions around construction
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operations. Traffic control devices shall remain in place at all times, as required to alert approaching traffic of upcoming hazards. After hazards have been removed, all traffic control devices shall be removed. Temporary signs shall be removed or their messages covered.
Daily traffic control measures shall continue until cleanup activities have been satisfactorily completed and all of the Contractor’s equipment has been removed from the traveled way.
(c) Traffic Control Detours - The Contractor shall direct, divert and detour traffic through, around and adjacent to construction operations in accordance with the traffic control plans specified in the Contract Documents or in accordance with the Contractor’s favorably reviewed traffic control plans.
1. Field Review of Detours - Immediately after traffic control devices have been placed, the detour shall be test driven by the Engineer or Inspector and the Contractor’s Superintendent. The test drive shall include approaches to the detour from each possible direction, and traverse the full length of each detour route. The Contractor shall adjust and revise all traffic control devices as determined to be required by the test drive and the test drive shall be repeated, if determined necessary by the Engineer or Inspector. The Contractor shall provide additional traffic control devices as required to maintain the flow of traffic throughout construction operation.
2. Diverting Bicycle and Pedestrian Traffic – Whenever construction operations obstruct the flow of bicycle and pedestrian traffic or present a hazard to bicycles and pedestrians, the Contractor shall take appropriate action to protect and separate bicycles and pedestrians from the work area. Such action may include placement of barricades between bicycles and pedestrians and the work areas, placement of warning signs, and provisions utilizing personnel as required to protect and maintain access for bicycles and pedestrians as conditions warrant.
3. Diverting Vehicular Traffic - Whenever construction operations obstruct the flow of vehicular traffic or present a hazard to vehicles operating in the vicinity of construction operations, the Contractor shall take appropriate action to warn, detour and otherwise protect approaching drivers and vehicles.
4. Flagmen - The Contractor shall employ flagmen as required for each specific detour and at all locations where barricades and warning signs cannot control the movement of traffic. A warning sign shall be placed ahead of the flagman reading: “Flagman Ahead.” The distance between the sign and the flagman should be based on the average traffic speed, allowing approximately fifty (50) feet for each ten (10) miles per hour. During hours of darkness, flagman stations shall be illuminated such that the flagman will be clearly visible to approaching traffic. Lights for illuminating the flagman station shall receive favorable review by the Engineer. The flagman shall wear a red or orange warning garment when flagging. Flagmen shall be provided with approved red flags or STOP/SLOW hand paddles, and two- way radios for communication. When flagging during hours of darkness, the flagman shall signal with a red light or flare and shall have a belt and suspender harness outside any garments fitted with reflectors or made from reflectorized cloth, unless the garment is well reflectorized in one of these ways.
5. Notice to Agencies - The Contractor shall notify the Eng ineer and all agencies having jurisdiction over the work, in writing, at least ninety -six (96) hours, excluding holidays and weekends, prior to instituting any lane closure or detour.
At the end of each workday, the Contractor shall inform the Engineer, Police Department and Fire Departments of the status of all detours, lane restrictions, or road closures. The Contractor shall cooperate and coordinate with the various parties involved in the collection and removal of trash and garbage, the transit
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providers, the U.S. Postal Service, and others, as necessary, in order to maintain existing schedules and services.
6. Emergency Vehicle Access Through Detours - During all detours and/or street closures the Contractor shall provide for the movement of emergency vehicles through the work area. It is essential that the Contractor’s work and equipment does not impede emergency access.
7. Night Detours - The Contractor shall not be permitted to maintain any lane closure or road closure during non- working hours without first obtaining written approval from the Engineer. During non- working hours the Contractor shall restore travel lanes to their original alignment and configuration by means of placing temporary asphalt pavement or bridging with steel plates. The Contractor shall place “ROUGH ROAD” signs conforming to the Manual of Uniform Traffic Control Devices at uneven temporary pavement or bridging locations. See General Provisions, Section 9.18 (b), “Trench Safety Requirements”.
8. Temporary Traffic Lanes – Temporary traffic lanes shall be at least ten ( 10) feet wide, or eleven ( 11) feet wide around curves. Provide an additional two (2) feet of clearance from curbs. The length of temporary lanes should be limited to the area under construction and the distance necessary to divert traffic. (d) Parking Restrictions - The Contractor shall post approved “No Parking” signs at all locations necessary to establish work areas and detour traffic. Signs shall read: “NO PARKING - CONSTRUCTION TOW -AWAY ZONE,” show the actual day and hours of parking restriction and indicate the telephone number of the City’s Police Department or agency having jurisdiction. Signs shall be placed at least forty-eight (48) hours in advance of the restriction. The Engineer shall approve the location and duration of no parking limits and verify their placement. “No Parking” signs shall be removed when no work is under construction and must be reposted forty-eight ( 48) hours before the resumption of construction activities.
For any violation of “No Parking” signs by motorists, the Contractor shall contact and coordinate directly with the City’s Police Department for removal of vehicles in accordance with the California Vehicle Code. The Contractor shall also coordinate with the Police Department directly for enforcement and towing of parked vehicles.
9.21 S
afety - The Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the performance of the work. The Contractor’s responsibilities shall specifically provide for the safety of persons involved in the project, other persons who are affected by the performance of the work, the work in place, materials and equipment to be incorporated in the work, the project site, and adjoining property.
T
he services of the City in conducting inspection or construction review of the Contractor's performance is not intended to include review of the adequacy of the Contractor's work methods, equipment, bracing, shoring or scaffolding, or safety measures, in, on, or near the construction site.
Safety vests and personal protection equipment shall be worn by the Contractor, all subcontractors and other personnel when working or present on the site. Hard hats shall be worn w hen working around earthmoving or any heavy construction equipment or during any overhead construction work.
Payment for performing all work necessary to provide safety measures shall be included in the bid items for which safety measures are required and no additional compensation will be made. (a) Safety Orders – The Contractor shall have at the work site, copies or suitable extracts of:
Construction Safety Orders, Tunnel Safety Orders, and General Industry Safety Orders
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issued by the State Division of Industrial Safety. The Contractor shall comply with provisions of these and all other applicable laws, ordinances, and regulations. (b) Trench Safety Requirement - As required by California Labor Code, Section 6705 and in addition thereto, for any excavation of any trench or trenches five (5’) feet or more in depth, the Contractor shall submit to the Engineer for review, 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 the excavation of such trench or trenches.
Structural calculations prepared, stamped and signed by a Registered Engineer licensed to practice in the State of California shall accompany the plan to verify the structural safety and adequacy of the sheeting, shoring and bracing to be used on the project. No such plan shall allow any shoring, sloping or a protection system less effective than that required by the Construction Safety Orders of the State Division of Occupational Safety and Health.
The maximum length of open trench shall be three-hundred (300) feet or the distance that pipe can be installed in a single day as determined by the Engineer. Trenches shall be backfilled and covered with two ( 2) inches of cutback (in paved areas) or bridged with tack-welded steel plates at the end of each workday. Cutback shall be placed around plate edges to provide a smooth transition and to secure against displacement.
As soon as possible under the provisions of these specifications, the Contractor shall backfill all excavations and restore to usefulness all improvements that existed prior to the start of construction.
(c) Confined Space Entry Program (CSEP) - Entry into permit -required confined spaces as defined in Section 5157, Title 8, California Code of Regulations ( CCR) may be required as a part of the work. All manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit -required confined spaces until the pre- entry procedures demonstrate otherwise. The Contractor shall be responsible for implementing, administering, and maintaining a confined space entry program (CSEP) in accordance with Sections 5156, 5157, 5158, Title 8, CCR and shall implement such a program prior to performing any work in a permit -required confined space. A copy of the permit shall be available at all times for review by the Contractor and City personnel at the work site.
Prior to starting work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and contain procedures for safe entry into confined spaces, including, but not limited to the following:
1. Training of personnel
2. Purging and cleaning the space of materials and residue
3. Potential isolation and control of energy and material inflow
4. Controlled access to the space
5. Atmospheric testing of the space
6. Ventilation of the space
7. Special hazards consideration
8. Personal protective equipment
9. Rescue plan provisions
The Contractor’s CSEP submittal shall also include the names of the Contractor’s and Subcontractor’s personnel assigned to the project who will have CSEP responsibilities, their CSEP training, their specific assignment and their responsibilities in carrying out the CSEP.
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Payment for implementing, administering, and providing all equipment and personnel associated with the CSEP shall be included in the bid items for which the CSEP is required and no additional compensation will be made.
(d) Hazardous Conditions: Contractor’s Responsibility for Precautions - Contractor agrees that if, during the progress of the work, a hazardous condition is identified which involves a risk of bodily harm to any person or a risk of damage to any property, the Contractor will take such special precautions as shall be necessary to make the progress of the work safe under such condition. Conditions may result from, but are not limited to, the use of specified materials or equipment, the location of the work, the condition of the site, the kind or method of construction, or the manner in which any of the work is required to be done. The Contractor agrees to assume the sole responsibility for determining whether any such hazardous condition exists or will be created during the course of the work. (e) Use of Explosives – Explosives may be used only when authorized in writing by the Engineer, or as otherwise stated in the Specifications. Explosives shall be handled, used, and stored in accordance with all applicable regulations. No explosive material shall be transported to, stored or utilized on the site without written permission of Engineer. All blasting work and handling of explosives on the site shall be done only by qualified persons who possess a valid permit. The Engineer’s approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasting operations.
(f) Special Hazardous Substances and Process – Materials that contain hazardous substances or mixtures may be required on the work. A Material Safety Data Sheet as described in California Code of Regulations, Section 5194 shall be requested by the Contractor from the manufacturer of any hazardous products used and submitted to the Engineer.
Hazardous material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label.
The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions.
9.22 P
atent Fees or Royalties - All fees, royalties or claims for any patented invention, article or method that may be used upon or in any manner connected with the work under this contract shall be included in the price bid for the work and the contractor and the Contractor’s sureties shall protect and hold the City, together with all the City's officers, agents, servants and employees, harmless against any and all demands made for such fees or claims brought or made by the holder of any invention or patent and, before the final payment is made on account of this contract, contractor shall, if requested by the Engineer, furnish acceptable proof of a proper release from all such fees or claims.
Should the contractor, his agents, servants or employees, or any of them, be enjoined from f
urnishing or using any invention, article, material or appliance supplied or required to be supplied or used under this contract, the contractor shall promptly substitute other articles, materials or appliances, in lieu thereof, of equal efficiency, quality, finish, suitability and market value and satisfactory in all respects to the Engineer. Or, in the event that the Engineers elects in lieu of such substitution to have supplies and to retain and use any such invention, article, material or appliance as may be required by the contract to be supplied – in that event, the contractor shall pay such royalties and secure such valid licenses as may be requisite and necessary for the City, the City's officers, agents, servants and employees, or any of them to use such invention, article, material or appliance without being disturbed or in any way interfered with by any proceeding in law or equity on account thereof. Should the contractor neglect or refuse to make the substitution promptly, or to pay such royalties and secure such licenses as may be necessary, then, in that event, the Engineer shall have the right to make such substitution or the City may pay such royalties and secure such licenses and charge the cost thereof against any monies due the contractor from the City or recover the amount thereof from the Contractor and any sureties notwithstanding final payment under this contract may have been made.
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9.23 Advertising - The names of the Contractor or Subcontractors, with their addresses and the designation of their particular specialties, may be displayed at the job site on removable signs only if written approval is received from the Engineer. Commercial advertising material shall not be attached to, or painted on the surfaces of, any buildings, fences, canopies, or barricades.
9.24 A ntitrust Claims – Attention is directed to Public Contract Code, Section 7103.5 which provides: “In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the Contractor or Subcontractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or subcontract. The assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgement by the parties.”
9.25 A
udit and Examination of Records – The City and entities and agencies designated by the City, shall have access to, and the right to audit and examine at no additional cost, all of the Contractor’s project related data including but not limited to, books, estimates, records, contracts, bid cost data, Subcontractor and supplier job cost data, change orders, correspondence, instructions, drawings, receipts, vouchers, purchase orders, notes, computations, daily logs, and memoranda relating to the work. Pursuant to Government Code, Section 8546.7, the Contractor shall preserve all such records and will be subject to examination and audit by the State Auditor, at the request of the City, for a period of three (3) years after final payment under the Agreement.
9.26 Notice of Entrance - Bef
ore entering any private property the contractor shall give the owner, tenant and inspector a minimum of forty-eight (48) hours written notice.
9.27 Additional and Emergency Protection - W herever, in the opinion of the Engineer, the contractor has not taken sufficient precautions for the safety of the public or the protection of the works to be constructed under this contract, or of adjacent structures or property which may be injured by processes of construction on account of such neglect, and whenever, in the opinion of the Engineer, an emergency shall arise and immediate actions shall be considered necessary in order to protect personal and property interest, whether public or private, then and in that event, the Engineer, with or without notice to the contractor, may provide suitable protection to the said interests by causing such work to be done and such material to be furnished as shall provide such protection as the Engineer may consider necessary and adequate.
The cost and expense of such work and material so furnished shall be borne by the contractor and
if the same shall not be paid on presentation of the bills therefore, then such costs shall be deducted from any amounts due or to become due the contractor. The performance of such emergency work under the direction of the Engineer shall in no way relieve the contractor from any damages which may occur during or after precaution has been taken by the Engineer.
9.28 P
lacing Portions of Work in Service - Portions of the work may be placed in service as completed if desired by the City . Contractor shall give proper access to the work for this purpose. Such use and operation shall not constitute an acceptance of the work and the work, and the contractor shall be liable for defects due to faulty construction until the entire work under the contract is finally accepted.
9.29 Rights-of-Wa y - The City will provide all rights-of-way and easements in or beneath which pipes and other structures will be constructed by the Contractor under this contract. If through the failure of the City to acquire or clear title to rights-of-way, the Contractor sustains loss which could not have been avoided by the judicious handling of forces and plant, there shall be paid to the contractor such amount as the Engineer may find to be a fair and reasonable compensation for such part of the C ontractor's actual loss as the Engineer deems unavoidable. Actual loss shall be understood to include no items other than necessary payments, idle time of men, idle time of equipment, cost of extra moving of equipment, and cost of longer hauls, with no allowance in any case for overhead or profit. If performance
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of the Contractor's work is delayed as a result of the failure of the City to acquire or clear title to rights -of- way, a commensurate extension of time will be granted.
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SECTION 10 - MEASUREMENT AND PAYMENT
10.01 Measurement of Quantities for Unit Price Work - Materials and items of work which are to be paid for on the basis of measurement shall be measured in accordance with the methods stipulated in the particular sections of the Contract Documents involved. Unless specifically stated otherwise in this contract, no extra measurement(s) according to local custom of any kind shall be allowed in measuring the work under this contract; only the length, area, solid contents, number, weight, or time in standard units, as the case may be, shall be considered as specified.
U
nless otherwise specified, quantities of work shall be determined from measurements or dimensions in the horizontal planes. Stationing shall be along the street centerline, lengths of sanitary sewers, storm drains and water lines shall be measured as the horizontal distances from center to center of structures, rounded to the nearest foot, and lengths of all return radii and curb data shall be measured along the face of curb. Volumetric quantities shall be the product of the mean area of vertical or horizontal sections and the intervening horizontal or vertical dimensions. Measurements shall be in accordance with U.S. Standard Measures. A pound is an avoirdupois pound. A ton is two-thousand (2,000) pounds avoirdupois. The unit of liquid measure is the U.S. gallon.
When payment is to be made on the basis of weight, the weighing shall be done on certified platform scales or, when approved by the Engineer, on a completely automated weighing and recording system. The Contractor shall submit to the Engineer with duplicate licensed Weighmaster’s certificates showing the actual net weights. The City will accept the certificates as evidence of the weights delivered.
10.02 B id Items - Should any bid item be eliminated in its entirety, payment will be made to the Contractor for actual costs incurred, in connection with such eliminated contract work, and for costs incurred prior to the date of the Engineer’s written notification eliminating such work. The actual costs to be paid to the Contractor shall be computed in the same manner as if the work were to be paid on a force account basis. No compensation will be made to the Contractor, in any case, for loss of anticipated profits. Increased or decreased scope involving a change order will be paid as stipulated in the change order.
T
he estimated value of work performed, for lump sum bids or lump sum bid items will be determined from the schedule of values, to be prepared by the Contractor and presented at the preconstruction meeting. Elements of work on the schedule of values shall be separated into groupings appropriate for the project. The Technical Specifications may be used as a guide for establishing these groupings. Move-in costs, bond and insurance costs, and submittal preparation costs can be included in the schedule of values under a separate mobilization line item. This line item shall not exceed five- percent (5%) of the contract’s value. Overhead and profit shall not be allowed as a line item, but shall be prorated over other items of work.
10.03 B
id Quantities - The quantities listed in the Bid Schedule for each bid item do not govern final payment. Payments to the Contractor will be made only for the actual quantities of contract items constructed in accordance with the plans and specifications. If upon completion of the construction, the actual quantities show either an increase or decrease from the quantities given in the bid schedule, the contract unit prices will still prevail.
P
ayment will not be made for materials wasted or disposed of in a manner not called for under the contract. This includes rejected material not unloaded from vehicles, material rejected after it has been placed and material placed outside of the plan lines. Unless otherwise provided, no payment will be made for materials delivered to the site but not incorporated in the work. Such quantities will not be included in the final pay quantities. No compensation will be allowed for the disposal of rejected or excess material.
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When the estimated quantity for a specific portion of work is designated on the Bid Schedule as a “Final Pay Quantity”, the estimated quantity specified shall be the final quantity for which payment for such specified portion of the work will be made, regardless of the actual quantity constructed, unless the dimensions of said portions of the work shown on the plans are revised by the Engineer. If such dimensions are revised and such revisions result in an increase or decrease in the quantity of such work, the final quantity for payment will be revised by the amount represented by the change. The estimated quantity for any portion of the work designated as a Final Pay Quantity shall be considered as approximate only and no guarantee is made that the quantity, which can be determined by computations, based upon the details and dimensions shown on the plans, will equal the estimated quantity. No allowance will be made in the event that the quantities based upon computations do not equal the estimated quantities. Final pay quantities will be designated on the Bid Schedule with the letter (F) and shall only apply to the corresponding portions of work specifically designated on the plans. Any portion of work not designated as a final pay quantity will be measured and paid for as specified under other provisions of the Contract Documents.
10.04 P
rogress Payments – On or about the 25th day of each month may be designated as the date which would terminate each working month for the purpose of making progress payments.
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he Contractor's request for a progress payment shall be submitted under cover of the Request for Progress Payment form approved by the Engineer. The Request for Progress Payment form shall be complete and properly executed by the contractor, and have, as attachments, the items listed on the form.
The Contractor shall, on the date established, prepare and submit a progress estimate to the City for work accomplished during the previous working month, based on the various contract bid items and the unit bid prices. Invoices shall include amounts previously paid, itemized retention and any deductions or additions authorized by change order. Consultation with the Engineer may be necessary to determine the amount of work accomplished.
The first progress payment will not be made until the following submittals have been provided and accepted: list and schedule of submittals, Baseline Construction Schedule, schedule of values (if applicable), SWPPP. Subsequent progress payment requests will not be accepted unless accompanied by the progress payment cover letter, an updated baseline or revised schedule, a certification that the record drawings have been updated as of the date of the invoice.
Upon receipt of a progress payment request, the City shall, within ten (10) working days, determine if the request is proper, and if disputed the City will return the progress payment to the Contractor along with a written document setting forth the progress payment request’s shortcomings.
Following receipt of an undisputed and properly submitted progress payment request, the City shall authorize payment within thirty (30) calendar days.
Contractor may request partial payment for materials delivered to the site but not yet incorporated into the work (materials on hand). To receive consideration for payment of materials on hand, the Contractor shall provide the Engineer with a list of such materials at least five (5) working days prior to submitting the monthly estimate of amount earned for work completed. At the Engineer’s sole discretion, up to seventy -five-percent (75%) of the estimated value of materials on hand may be considered for payment, subject to the following:
(a) Only materials which have received favorable review of shop drawings will qualify. (b) Eligible materials must be delivered and properly stored, protected, and maintained in a manner favorably reviewed by the Engineer, at the job site or at a bonded warehouse. (c) The Contractor's actual net cost for the materials must be supported by paid invoices to suppliers or other documentation requested by the Engineer.
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(d) Materials delivered to the site less than thirty (30) days prior to their scheduled incorporation in the work shall not qualify.
(e) Partial payments for materials on hand shall not be deemed to be final payment for the material nor relieve the Contractor of any obligations under the Contract. (f) Partial payments for materials on hand shall be subject to retention.
From each progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder of the amount due, less the amount of all previous payment will be paid to the Contractor provided all work invoiced has been completed and approved by the Engineer.
The Engineer may withhold or nullify, the whole or any part of any payment to such extent as may be necessary to protect the City from loss on account of any of the following:
(a) Defective or vandalized work not remedied,
(b) Damage to the City or another Contractor,
(c) Claims filed, or reasonable evidence indicating probable filing of claims, (d) Stop notices, or failure of the Contractor to make payments properly to subcontractors or laborers or suppliers, in which case 125% of the stop notice amount shall be withheld until a release form is received,
(e) A reasonable doubt that the contract can be completed for the balance unpaid, (f) Reasonable evidence that the work will not be completed within the contract time and that the unpaid balance of the contract sum would not be adequate to cover the City’s liquidated damages assessed in accordance with the Agreement for the anticipated delay,
(g) Failure of Contractor to maintain, update and submit record documents, schedules or other submittals as required by the Contract Documents, (h) Performance of work by Contractor without properly processed shop drawings; (i) Any other failure of Contractor to perform its obligations under the Contract Documents.
The Contractor may elect to receive one hundred percent (100%) of payments due under the contract from time to time, without retention of any portion of the payment by the City, by depositing and maintaining securities of a value equivalent to the retention amount with the City in accordance with the provisions of Public Contract Code, Section 22300. Such securities, if deposited by the Contractor, shall be valued by the City’s Administrative Services Director, whose decision on valuation of the securities shall be final.
Contractor warrants that, upon submittal of an application for payment, all work for which payment has been previously issued by the City and received by the Contractor, shall be free and clear of all claims, stop notices, security interests, and encumbrances in favor of Contractor, Subcontractors, or other persons or firms entitled to make claims by reason of having provided labor, materials, or equipment relating to work.
The payment of progress payments by the City shall not be construed as an absolute acceptance of the work done up to the time of such payments and shall not constitute acceptance of defective work.
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10.05 Retentions - The City shall retain five percent (5%) of the amount of each progress estimate, and the accumulation of said amounts so retained from the progressive payments to the extent unencumbered will be paid to the contractor in no less than thirty -five (35) days after the completion and acceptance by the Engineer and the City of the work done.
Upon contractor's request, City will make payment of funds withheld from progress payments pur
suant to the requirements of Code Section 14402 if contractor deposits in escrow with the City, or with a bank acceptable to the City, securities eligible for the investment of State funds under Government Code Section 16430 or bank or savings and loan certificates of deposit, upon the following conditions:
(a) Contractor shall bear the expense of the City and the escrow agent in connection with the escrow deposit made.
(b) Securities or certificates of deposit to be placed in escrow shall be of a value at least equivalent to the amounts of retention to be paid to the contractor pursuant to this section.
(c) Contractor shall enter into an escrow agreement satisfactory to the City, which agreement shall include provisions governing inter alia:
1. Amount of securities to be deposited.
1. Providing of powers of attorney or other documents necessary for the transfer of the securities to be deposited.
2. Conversion to cash to provide funds to meet defaults to termination of the contractor's control over the work, stop notices filed pursuant to the law, assessment of liquidated damages or other amounts to be kept or retained under the provisions of the contract.
3. Decrease in value of securities or deposit.
4. Termination of the escrow upon completion of the contract. (d) Contractor shall obtain the written consent of the surety to such agreement.
10.06 Final Payment - The City shall, prior to final acceptance, provide the Contractor with a copy of the final quantities for the various contract bid items and a summary of contract change orders for review. All prior payments shall be subject to correction in determining the total contract sum. The Contractor shall reply promptly in writing, to indicate either concurrence or an explanation of possible discrepancies in the total contract sum.
T
he project will not be submitted to the City Council for acceptance until the Engineer and the Contractor concur with the totals of all quantities, costs, contract change orders and the total contract sum. Following concurrence, a semi -final payment will be made to the Contractor after deducting all previous payments and all amounts to be retained under the provisions of the contract. The retention payment shall be due and payable as a final payment after the expiration of thirty -five (35) days following the date of final acceptance of the work by the City Council.
If within the time fixed by law, a properly executed notice to stop payment is filed with the City, due to Contractor’s failure to pay for labor or materials used in the work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws.
If releases are required, the Contractor shall pay or cause to be paid to Subcontractors the amount stated in the conditional releases within five (5) days after receipt of the semi -final payment, and shall promptly thereafter furnish evidence of such payment to the City.
The securities deposited by the Contractor will be released, providing that the following requirements of the contract have been fulfilled:
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(a) Satisfactory completion of all construction work and written acceptance of said work by the City;
(b) The submission by the Contractor to the Engineer of all required stop notice releases, submittals, written guarantees, warranties, operating manuals, and other project related documentation;
(c) The return to the Engineer of all drawings and written specifications loaned to the Contractor during the construction period.
(d) The submission by the Contractor to the Engineer of record documents and a set of red- lined drawings showing the revisions to the original set of drawings which reflect the actual construction of the project for preparation of “Record Drawings”.
The Contractor agrees that the payment of the final amount due under the contract shall release the City of San Carlos from any and all claims or liability on account of all work performed under the contract, except those items previously made in writing and identified by the Contractor as unsettled.
Release of the final payment by the City shall not be construed as an acceptance of any defective work or acceptance of improper materials.
10.07 Acceptance - Contractor shall notify Engineer in writing of the completion of the work, whereupon the Engineer shall promptly satisfy them self by personal inspection as to the actual completion of the work in accordance with the terms of the contract. After receiving a written recommendation from the Engineer for acceptance of the work, City shall accept or reject the work; stating, if the work is rejected, the requisite conditions for acceptance. When the City accepts the work, they shall file a Notice of Completion with the County Recorder in the county where the work is located and shall promptly notify the contractor in writing of the recordation. Contractor warrants and guarantees that title to all work, materials and equipment accepted by the City will pass to the City free and clear of all liens, claims, security interests or encumbrances, and that no work, materials or equipment accepted will have been acquired by the contractor, or by any other person performing the work at the site or furnishing materials or equipment for the project, subject to an agreement under which an interest therein or encumbrances thereon is retained by the seller or otherwise imposed by contractor of such other person.
10.08 Compensation for Extra or
Omitted Work – Compensation for extra or omitted work shall be in accordance with Section 5.08, Change Orders.
10.09 C ompensation to City for Extension of Time - In case the work called for under this contract is not completed within the time limit stipulated herein, the City shall have the right, as provided hereinabove, to extend the time of completion thereof. If the time limit so be extended, the City shall have the right to charge to the contractor and to deduct from the final payment for the work the actual cost to the City of engineering, inspection, administration, legal and other overhead expenses which are directly chargeable to the extension of time. The cost of final surveys and preparation of the final estimate shall not be included in such charges.
10.10 Claims - The term “Claim” shall mean a written demand or assertion by the Contractor seeking, as a matter of asserted right, adjustment in the terms of the Contract Documents, payment of money, extension of time, or other relief with respect to the Contract Documents, or determination of other disputes or matters in question between the City and Contractor arising out of or related to the Contract Documents or the performance of the work, including claims alleging an error or omission.
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claim must be stated with specificity, including identification of the event giving rise to claim, the date of the event, and the asserted effect on contract sum and contract time. The claim shall include adequate supporting data. Adequate supporting data for a claim for an adjustment of the contract time shall include scheduling data demonstrating the impact of the event on the completion of the work.
Adequate supporting data for a claim for an adjustment of the contract sum shall include a detailed cost breakdown of the items allowed, isolating labor, material, and equipment costs, and providing detailed quantities and unit prices for changed work. If the exact amount of a claim is not ascertainable at the time
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such claim is made, the supporting data currently available shall be submitted. Supplemental data supporting the exact amount of the claim shall be submitted as soon as available.
Notwithstanding the making of any claim or the existence of any dispute regarding any claim, unless otherwise directed by the Engineer, the Contractor shall not cause any delay, cessation, or termination in the performance of the work, including portions of the work pertaining to a claim.
10.11 T ime Limit on Claims - Contractor shall submit any and all claims, together with adequate supporting data to the Engineer as soon as possible but not later than ten (10) working days after occurrence of the event giving rise to the claim, or the date the Contractor first recognized, or reasonably should have recognized, the condition giving rise to the claim, whichever is earlier. Contractor hereby expressly waives all claims not made within this time limit.
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ontractor is expressly barred from asserting any claims of which the Contractor was aware, whether or not the exact amount of such claims was ascertainable, that is not submitted to the Engineer prior to the Contractor proceeding with the work.
10.12 C
ity Response to Claims - The Engineer shall promptly review claims. If additional supporting data is deemed necessary, the Engineer shall request such additional data within ten (10) working days after receipt of the claim. The Contractor shall furnish such additional data no later than ten (10) working days after receipt of the City’s request. The Engineer shall render a decision promptly, but in any event, within thirty (30) working days after the receipt of the claim or the receipt of additional supporting data. If the amount of the claim is in excess of $50,000, the aforesaid thirty (30) working day period shall be sixty (60) working days. Failure of the Engineer to render a decision within the aforesaid thirty (30) or sixty (60) working day period shall be deemed a decision denying the claim and the last day of such period shall be the date of such decision. The decision of the Engineer shall be final and binding unless appealed in accordance with the General Provisions, Section 10.15 , “Appeal of the Engineer’s Decision”.
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ppeal of Engineer’s Decision - If Contractor disputes the Engineer’s decision of a claim, the Contractor shall, within thirty (30) calendar days of the decision, make a written appeal of the decision to the Engineer. The written appeal shall include all supporting data upon which the Contractor requests the City to modify its decision, including all documentation transmitted between the Contractor and the Engineer on the underlying claim. The Engineer shall make a good faith effort to resolve the claim prior to final completion of the Project. In the event the claim is not resolved prior to final completion, the Contractor’s claim shall be heard by the Director of Public Works prior to recommending final acceptance to the City Council. The Contractor’s administrative remedies under the Contract Documents shall be exhausted after the decision of the Director of Public Works is rendered. In case of disagreement with the decision of the Director of Public Works, the Contractor may pursue the resolution of the dispute by presenting a formal claim to the City.
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SECTION 11 - GUARANTY
11.01 Contractor’s Guaranty - Prior to final acceptance, the Contractor shall warrant and guaranty to the City that all work is in accordance with the Contract Documents and is not defective.
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he guaranty shall be accompanied by a warranty bond for ten percent (10%) of the final contract sum, which shall warrant the quality of the work for a period of two (2) years after acceptance. The guaranty and warranty bond shall be in accordance with the Agreement Forms furnished in the Contract Documents.
11.02 C orrection of Defective Work During the Guarant y Period - If within two (2) years after the date of City Council acceptance, or such longer period of time as may be prescribed by laws or regulations or by the terms of any applicable special guaranty required by the Contract Documents, any work is found to be defective, the Contractor shall promptly without cost to the City and in accordance with the City’s written instructions, either correct such defective work or if it has been rejected by the City, remove it from the site and replace it with non-defective work.
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f the Contractor does not promptly comply with the terms of such instructions within ten (10) working days after written demand by the City, the City may have the defective work corrected. The City may also correct defective work immediately in cases of emergency where delay would cause serious risk of loss or damage. All direct, indirect and consequential costs of correcting defective work (including but not limited to fees and charges of engineers, architects, attorneys and other professionals) shall be absorbed by the Contractor.
The Contractor shall remove from the Project site portions of the work and materials which are not in accordance with the Contract Documents and which are neither corrected by the Contractor nor accepted by the City. If Contractor fails to pay the costs of such removal within ten (10) working days after written demand, the City may, without prejudice to other remedies, sell such materials at auction or at private sale, or otherwise dispose of such material. The Contractor shall be entitled to the proceeds of such sale, if any, in excess of the costs and damages for which the Contractor is liable to the City, including reasonable attorneys’ fees and expenses and compensation for the City’s services and expenses.
The City shall have the option, at its sole discretion and by notice to the Contractor, to accept defective work as defined in Section 4.18 – “Acceptance of Defective Work. “
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SPECIAL PROVISIONS
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TABLE OF CONTENTS
1. Description of Work ............................................................................................................................... 4
2. Location ................................................................................................................................................. 4
3. Qualification of Bidders ......................................................................................................................... 4
4. Days & Hours of Operation ................................................................................................................... 5
5. Control of Work ..................................................................................................................................... 5
6. Licenses and Permits ............................................................................................................................ 5
7. Safety and Health Regulations .............................................................................................................. 6
8. Safety of Persons And Property ............................................................................................................ 6
9. Staging/Construction Area .................................................................................................................... 7
10. Contractor’s Plant and Equipment .................................................................................................... 7
11. Traffic Control .................................................................................................................................... 7
12. Storm Water Pollution Prevention ................................................................................................... 10
13. Water ............................................................................................................................................... 10
14. Power .............................................................................................................................................. 11
15. Dust Control .................................................................................................................................... 11
16. Cleanup ........................................................................................................................................... 11
17. Clearing and Grubbing .................................................................................................................... 12
18. Protection and Restoration of Existing Improvements .................................................................... 12
19. Existing Utilities ............................................................................................................................... 13
20. Utility Coordination .......................................................................................................................... 14
21. Obstructions .................................................................................................................................... 14
22. Maintenance of Sewer Service ....................................................................................................... 15
23. Resealing of Manholes .................................................................................................................... 15
24. Protection of Public Safety .............................................................................................................. 15
25. Surcharging of Manholes ................................................................................................................ 15
26. Contractor-Related Blockage .......................................................................................................... 15
27. Notification of Residents and Merchants ......................................................................................... 16
28. Owner/Contractor Meetings ............................................................................................................ 16
29. Record Drawings/Corrected Sewer Maps ....................................................................................... 17
30. Construction Schedule .................................................................................................................... 17
31. Daily Work Reports ......................................................................................................................... 17
32. Submittals ........................................................................................................................................ 17
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SPECIAL PROVISIONS
These Special Provisions contain project specific requirements pertaining to the work, and as such, shall take precedence over the General Conditions portions of these Specifications. All costs associated with satisfying the requirements in these Special Provisions shall be included in the Contractor’s bid price and no additional compensation shall be made.
All work shall be done in accordance with the City Standard Specifications, City Standard Details, Caltrans Standard Specifications (where referenced), and the Contract Documents.
The 2022 version of the Caltrans Standard Specifications (State Specifications) shall be used.
1. DESCRIPTION OF WORK
The work to be done under this contract includes but is not limited to:
• Installation of new thermoplastic pavement markings
• Replacement of existing crosswalk markings
• Installation of red curb paint
• Installation of custom traffic signs
• Installation of flex-post delineators
• Coordination with residents
• Temporary traffic control
The Contractor shall furnish all materials, labor, tools, equipment, supervision, transportation, handling, storage, traffic control, permits, licenses, and all other incidentals necessary to complete the work successfully.
The work may also include: clearing, grubbing, removal of obstructions, protection of existing utilities and appurtenances and such other items required by the Project Plans and Specifications.
2. LOCATION
Work to be done under this contract is within the neighborhood contained by Old County Road, Industrial Road, Holly Street, and Terminal Way as identified on the project plans.
3. QUALIFICATION OF BIDDERS
The Contractor must have successfully completed similar construction effort(s) within the past three (3) years.
4. DAYS & HOURS OF OPERATION
The hours of operation shall be limited to the hours between 9:00 a.m. and 4:30 p.m.
Activities outside of those hours shall not generate objectionable noise, dust, or inconvenience to the public. Regular working days are from Monday through Friday except City legal holidays unless exception is granted by the City Engineer.
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5. CONTROL OF WORK
The Contractor shall as the first order of work coordinate with all residents and businesses seventy-two (72) hours in advance of any work.
The following sequencing constraints are required on the project, shall be incorporated into the Contractor’s master schedule and shall be reflected in the order of work.
1. Work at multiple project location sites is acceptable so long as access to residential streets and driveways are maintained at all times.
The Contractor shall use only chalk-based marking paint for all construction information painted on the street, sidewalks, or any other visible surface.
6. LICENSES AND PERMITS
The Contractor and all subcontractors shall obtain a business license from the City of San Carlos and shall hold current licenses for the craft that the business is contracting for as required by Federal, State and Local laws.
The Contractor shall apply for any required permits, including encroachment and tree removal permits from the applicable agencies (with copies of the form and application submitted to the Engineer) within thirty (30) calendar days after the issuance of the Award of Contract Notification Letter and prior to beginning work in the affected areas.
The Contractor shall submit copies of the permits, once issued, to the Engineer. No additional time schedule will be granted to the Contractor for any delays resulting from the processing of these permits.
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City of San Carlos “Encroachment Permit” is required. As a Contractor working for the City, no fee will be assessed to obtain an Encroachment Permit for this project.
If the construction work will require any street trees to be trimmed, Contractor shall obtain a “Street Tree Permit” from the City of San Carlos Department of Planning.
Applications for Street Tree Permits are available by calling the Department of Planning at (650) 802-4263. It is the Contractor’s responsibility to obtain fee information updates by calling the City Department of Planning.
A City of San Carlos “Hazardous Materials Storage System Permit” may be required for various construction activities. The Contractor is responsible for verifying to the requirements and fee schedule for storage of diesel fuel and/or hazardous materials by contacting the San Carlos Fire Department at (650) 802-4300. It is the Contractor’s responsibility to follow any additional requirements as required by the 2016 California Fire Code.
7. SAFETY AND HEALTH REGULATIONS
The Contractor shall comply with all applicable occupational safety and health standards, rules, regulations and orders established by Federal and State Agencies.
Specific attention is directed also to OSHA safety rules, regulations and precautions to be taken by the Contractor before entering sanitary sewer manholes, and other sanitation
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structures with respect to physical and chemical hazards that may be present.
The area of work shall at all times be protected by means of an adequate number of cones, barricades, flags or whatever means is necessary to properly and safely protect both vehicular and pedestrian traffic.
Any condition deemed to be an unsafe condition shall be immediately corrected by the Contractor. The failure of the City or its representatives to bring a potentially dangerous situation to the Contractor's attention shall not relieve the Contractor from the responsibility for providing a safe work area.
The sanitary sewers in this contract convey sanitary sewage and certain substances that may be hazardous. These substances may include: hydrogen sulfide; a natural gaseous byproduct of sanitary sewage; sodium hydroxide (caustic soda); and ferrous and ferric chloride (iron chlorides), which may be used to control odors in sewers. The Contractor shall exercise extreme caution and comply with all OSHA and CAL/OSHA requirements when working in the sewers or in the vicinity of hazardous substances.
All manhole entry shall be in compliance with the confined space entry requirements of CAL/OSHA, Santa Mateo County, and City of San Carlos. Contractor shall coordinate emergency retrieval procedures with local emergency service providers.
The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and safety programs in connection with the work and ensures compliance to all applicable safety and health regulations of federal, state, and local agencies.
8. SAFETY OF PERSONS AND PROPERTY
The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damages, injury or loss to:
1. All employees, City personnel, residents on the project, and all others who may be affected thereby;
2. All the work and all materials and equipment to be incorporated therein, whether in storage on or off the site, under the care, custody or control of the Contractor or any of the Contractor’s subcontractors; and
3. The work of the City or other contractors.
The Contractor shall give all notices and comply with all applicable laws, ordinances, rules, regulations and lawful orders of any public authority bearing on the safety of persons or property or their protection from damage, injury or loss.
The Contractor shall erect and maintain, as required by existing conditions and the progress of the work, all reasonable safeguards for safety a nd protection, including posting danger signs and other warnings against hazards, promulgating safety regulations, and notifying owners and users of adjacent utilities.
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The Contractor shall designate a Site Safety and Health Officer who is a responsible member of the Contractor’s organization and whose duty shall be the prevention of accidents. The Contractor shall submit the name of the Site Safety and Health Officer to the Engineer in writing. The Site Safety and Health Officer shall be responsible for preparation of a Health and Safety Plan.
The Health and Safety Plan shall detail the Contractors safety committee(s), safety rules, safety training, enforcement procedures, incentives, accident procedures and investigations, inspections, safety equipment and maintenance, hazardous materials (i.e. asbestos pipe) handling procedures, emergency action plan(s), alcohol and drug policies, confined space entry procedures, certification program and emergency retrieval procedures, 911 and emergency rescue services within jurisdiction of the work area, health providers and hospital emergency near the work site.
9. STAGING / CONSTRUCTION AREA
The City has not designated a staging area for this project. Should a staging area be desired, the Contractor shall be responsible for securing such an area along with any and all permits and permissions that may be necessary from the City and/or private property owners. Proof of concurrence shall be provided to the City upon request. Any fencing or other protective means (if required or employed by the Contractor) shall be at the contractor’s expense.
10. CONTRACTOR’S PLANT AND EQUIPMENT
The Contractor shall at all times be responsible for the security of all plant and equipment it owns or controls. The City will not take any responsibility for missing or damaged equipment, tools or personal belongings.
11. TRAFFIC CONTROL
Construction shall be organized so as to cause the least possible inconvenience to traffic.
Traffic control shall comply with the 2022 Caltrans Standard Plans T9 through T14 (available at https://dot.ca.gov/-/ media/dot-media/programs/design/documents/locked- 2022-std-plans-a11y.pdf)
Traffic control devices shall be furnished, placed, and maintained in accordance with the latest version of Part 6, Temporary Traffic Control, of the California Manual on Uniform Traffic Control devices (CAMUTCD) (available at https://dot.ca.gov/-/ media/dot- media/programs/safety-programs/documents/ca-mutcd/rev6/camutcd2014-rev6.pdf).
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Traffic Control shall be provided for all project work areas and shall be provided for the duration of the project.
The Contractor shall provide all required signs, barricades, lights, high-level flag trees, arrow boards, and other devices. The Contractor shall restrict construction activities to the following hours:
Schedule of Working Hours within Public Right of Way
Construction
Location Working Days Working Hours
Residential/Local and
Collector Monday through Friday 8:00 a.m. to 5:00 p.m.
Downtown San Carlos Monday through Friday 8:00 a.m. to 11:30 a.m. and 1:30 p.m. to 4:00 p.m.
Arterial Monday through Friday 9:00 a.m. to 3:00 p.m.
No work shall be performed on Saturdays, Sundays, or designated legal holidays unless otherwise designated below.
No work shall be performed on Saturdays, Sundays, or designated legal holidays.
Exceptions may be made, at the Engineer’s discretion, to allow work at other times and on other days if required for the Contractor’s operations. In such cases, the Contractor shall have an alternate work schedule reviewed and authorized by the Engineer prior to commencement of work.
General Requirements:
1. The Contractor’s attention is directed to Section 9.20 of the General Provisions for additional requirements.
2. The Contractor shall submit a traffic control plan to the Engineer for review, including any requests for alternate work schedules or work hours.
a. Separate typical traffic control plans shall be provided for typical conditions in residential areas, the state highway (El Camino Real), and major thoroughfares (Industrial Rd, Brittan Ave, Alameda de las Pulgas, and San Carlos Ave).
b. No work may begin under contract until the Traffic Control Plan has been approved by the Engineer. Time required for review and approval of the Traffic Control Plan shall not constitute a basis for time extension.
3. The Contractor shall maintain temporary AC surface to provide safe and comfortable passage for pedestrian and vehicular traffic.
At the end of each day, all trench or access pit excavations shall be either backfilled in accordance with Section 1301-4, “Bedding and Backfill,” of these Technical Specifications, or covered with traffic rated non-skid steel plates. The steel plates shall be countersunk flush with the adjacent grade to provide a smooth surface if the plates are located within the traveled way of the road. Cutbacks shall be applied
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in gaps and/or at edges. Adjoining plates shall be tack-welded where the plates meet. Plates located outside of the traveled way shall be held in place by placing temporary asphalt around all edges.
4. The Contractor shall provide electric arrow board(s) for any lane closures and reductions, except for on residential streets.
Special Requirements:
1. The Contractor shall be responsible for providing and maintaining all temporary traffic control and safety devices, including all personnel necessary for effectively directing vehicular, pedestrian and bicycle traffic through the construction zone. The Contractor assumes sole and complete responsibility for the job and site conditions, including safety of all persons and property, from start until final acceptance of the project. This requirement shall apply continuously twenty-four (24) hours per day and shall not be limited to normal working hours.
2. Streets shall not be closed unless authorized by the Engineer in writing at least 48 hours prior to the requested date. If street closure is approved, Contractor shall notify the following 48 hours prior to the street closure:
a. City’s project manager and inspector
b. City of San Carlos Police Department, (650) 802-4277 c. City of San Carlos Fire Department, (650) 802-4300
d. City of San Carlos Garbage, Recycling, and Tree Trimming Haulers e. Recology San Mateo County (650) 595-3900
f. Affected School Districts
g. Impacted residents and businesses,
2. If emergency or urgent street closures are required, the Contractor shall notify:
a. City’s project manager and inspector
b. City of San Carlos Police Department, (650) 802-4277 c. City of San Carlos Fire Department, (650) 802-4300
3. The Contractor shall submit a schedule of traffic detours for street closure to the Engineer for review and approval. Noncompliance will result in suspension of work as outlined under Section 8.13, “Suspension of Work,” of the General Provisions.
4. Scheduling of night time or weekend work shall be subject to the authorization of the Engineer. Contractor shall specify dates on the construction schedule when night time or weekend work is proposed. A minimum of two (2) working days’ notice is required for any request to work at night or on weekends. No additional compensation for night or weekend work will be allowed therefor.
5. If construction will obstruct a bus stop, the Contractor shall notify the SamTrans Operations Control Center two (2) working days in advance at (650) 508-6200.
6. No road closures are authorized for diversion pumping of sewage flows. All diversion piping shall be placed to cause the least inconvenience to traffic and pedestrians, and be protected from breakage or leakage. Storm drains along the diversion pumping route shall be properly protected from sewage leaks.
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7. All diversion or process water piping placed parallel to the street shall be placed along the curb or centerline. If located along the curb, ramps shall be made at all driveways and storm drains. Piping at driveways will utilize diversion piping contained within traffic ramps or “speed bumps”, to protect the pipe and maintain an open driveway. All storm drains along a diversion pipe route shall be protected from leaks of sewage. No diversion or process water piping shall cross lanes of traffic perpendicular or at intersections.
8. Access for local residents and businesses and all private property shall be maintained at all times. Signs shall be placed in front of commercial and industrial driveways to allow continual access. At the end of each working day these streets shall be reopened to through traffic with proper barricades, warning devices and temporary striping. If these streets are closed, the Contractor shall proceed expeditiously and with consideration for public convenience from the start of work to its completion.
9. Provide at least one (1) ten-foot (10’) minimum width through traffic lane in each direction.
12. STORM WATER POLLUTION PREVENTION
Consistent with the requirements of the federal Clean Water Act, the Project is subject to water pollution prevention requirements, which include the implementation of a water pollution prevention plan and/or implementation of local storm water requirements, and prohibit the discharge of pollutants from the Project site. The Contractor shall use appropriate Best Management Practices (BMPs) and source control techniques on the site at all times in order to prevent non-stormwater discharges from construction.
All work shall conform to the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Order No. 2009-0009-DWQ, NPDES No. CAS000002) ("General Permit"), and the NPDES Municipal Regional Stormwater Permit (MRP) (Order No. R2- 2015-0049, NPDES No. CAS612008). The Contractor shall implement all applicable San Mateo Countywide Water Pollution Prevention Program (SMCWPPP) measures and BMPs. Failure to comply with the approved construction BMPs will result in the issuance of correction notices, citations and/or a stop work order.
Prior to the start of any field work, the Contractor shall prepare a letter or plan which summarizes which BMPs and source control measures will be implemented on site to prevent non-stormwater discharges, and includes copies of any applicable California Department of Transportation Construction Site BMP Fact Sheets, or an approved equivalent.
The Contractor is responsible for furnishing, installing, constructing, inspecting, maintaining, removing, and disposing of the BMPs as necessary throughout the entirety of the project. The Contractor shall inspect BMPs regularly, and correct improperly installed, damaged, or ineffective BMPs immediately.
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13. WATER
Water for use during construction shall be furnished by the Contractor and all costs incurred including the water use, meter charges, meter/backflow preventer deposit, vehicles and containers needed in transporting water to the job site shall be paid by the Contractor. The Contractor’s attention is directed to Section 9.11 of the General Provisions for additional information.
14. POWER
All power for and in connection with work to be done under this contract shall be furnished and maintained by Contractor. The Contractor’s attention is directed to Section 9.12(h) of the General Provisions for additional information.
15. DUST CONTROL
The Contractor shall furnish all labor, equipment and means required and shall carry out effective measures wherever and as often as necessary to prevent its operation from producing dust in amounts damaging to property or causing nuisance as defined by the Engineer.
The Contractor shall be responsible for any damage resulting from any dust originating from its operations.
The dust abatement measures shall be continued until the Contractor is relieved of further responsibility by the Engineer.
The use of water shall not be permitted as a substitute for sweeping or other methods of dust control. Only dry sweeping is allowed.
Contractor shall sweep daily. The work area shall be left in a neat and presentable condition at the end of each workday.
16. CLEANUP
Through all phases of construction, including suspension of work and until final acceptance of the project, the Contractor shall keep the worksite and other areas used by it in a neat and clean condition, and free from any accumulation of rubbish and debris.
Contractor shall properly dispose of all excess earth, concrete, AC and debris off job site and clean up the work area at the end of each workday. The work area shall be left in a neat and presentable condition.
The Contractor shall keep its haul roads free from dirt, rubbish, and unnecessary obstructions resulting from its operations. Care shall be taken to prevent spill age on haul routes. Contractor shall obtain all required truck route permits. Any such spillage shall be removed immediately and the area cleaned by the Contractor.
Disposal of all rubbish and surplus materials shall be off the site of construction, at the Contractor’s expense, all in accordance with local codes and ordinances governing
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locations and methods of disposal, and in conformance with all applicable safety laws, and the requirements of the OSHA Safety and Health Standards for Construction.
The Contractor is advised that the disposal of solid waste, sewage, industrial waste, or other polluted waters into the public storm drain system is prohibited. Any fines or penalties levied against the City or Contractor for illicit discharges to the storm drain system as a result of the Contractor’s operation are the sole responsibility of the Contractor.
If the Contractor exceeds the number of days assigned to this contract, the Contractor shall continue to clean the area. When street cleaning is not performed to the satisfaction of the Engineer, the Engineer may have the area cleaned by City crews, and any incurred costs shall be deducted from the Contractor’s progress payments.
17. CLEARING AND GRUBBING
The work shall include, but is not limited to, removal of the following: PCC/AC pavement, manholes, existing sewer mains, and all other existing obstructions so designated on the plans, or as required by the Engineer or the Standard Specifications.
The Contractor shall remove PCC/AC pavement to the limits as shown on the plans, or as directed by the Engineer, by sawcutting. Any and all pavement damaged by the Contractor shall also be saw-cut and removed as directed by the Engineer. Slurry from sawcutting shall be cleaned up by wet/dry shop vacuum.
All cleared and grubbed materials shall be hauled off and disposed outside of the right- of-way at a suitable location and in a lawful manner by the Contractor.
Unless shown on the plans, no trees shall be removed. Trees, limbs, and roots within the project area which interfere with the Contractor's operations may be trimmed, with authorization from the Engineer. Tree trimming shall only be performed by a qualified arborist or tree surgeon. Prior to any trimming being performed, the Contractor shall submit to the Engineer, for review, the qualifications of the proposed arborist or tree surgeon. Any tree roots one inch or greater in diameter which have to be removed or are damaged during construction operations shall be sawcut evenly and shall be treated with a heavy coat of commercially available water base asphalt emulsion sealing compound. If roots are to be left exposed for an extended period of time, all roots shall be covered immediately with two (2) layers of burlap or equivalent material and soaked regularly with water to ensure that all roots are kept moist for the duration of exposure. No tree shall be trimmed or removed without a permit from the Planning Department.
18. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS
The Contractor shall submit video DVDs of the job site to the Engineer, for review, prior to the start of construction, for the purpose of providing a record of existing conditions.
Only DVD format and new DVDs shall be used. Each DVD shall be labeled and dated appropriately. The DVD shall provide a view encompassing the entire project area, for all construction activities including at a minimum, the proposed excavation areas and contractor’s staging area, with sufficient clarity and scope to the satisfaction of the Engineer. The Contractor shall submit these DVD with a written log noting any existing
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defects or irregularities in the existing pavement. The log shall also state the location (by station), date, and time the DVDs were made. Upon receipt by the Engineer, the DVDs shall become the property of the City.
If the Contractor plans to drive sheeting, the Contractor shall video inspect nearby structures prior to driving the sheeting. This video inspection shall be included in the site DVDs above, and shall be accompanied by a similar log which notes street address and existing defects or irregularities.
The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property.
The Contractor shall repair or replace all existing improvements which are not designated for removal (e.g., street sections, curbs, gutters, driveways, fences, walls, structures, landscaping, etc.) which are damaged or removed as a result of its operations. Repairs and replacements shall be at least equal to existing improvements, and shall match them in finish and dimensions.
Any damages to the private properties will be restored to the satisfaction of the property owners/Engineer within seven (7) days of the damage(s).
Damages within the public right of way will be restored to the satisfaction of the Engineer after work on that particular block is completed.
19. EXISTING UTILITIES
The Contractor shall notify Underground Service Alert (U.S.A) at 1-800-642-2444 for field location of all utilities 48 hours prior to any excavation. In addition, the Contractor shall contact the Railroad Call Before You Dig (CBUD) at 1-800-336-9193 for field location of utilities when work is within the railroad tracks a minimum of forty-eight (48) hours prior to any work.
The Contractor shall be responsible for verifying the presence of utilities within the limits of work, as well as any changes in the limits that are made to accommodate the project, protecting all utilities including but not limited to traffic signal conductors, signal interconnect communication, and fiber optic cables that may be affected by construction activities (e.g., clearing and grubbing, excavation, trenching, etc.), and notifying the Engineer in writing of any conflicts prior to beginning any excavation.
The Contractor shall pothole to verify the location and/or elevation of existing utilities as marked by Underground Service Alert (U.S.A.) within the limits of work. The Contractor shall work with utility companies and inspectors to protect existing utility lines. The Contractor shall notify the Engineer three (3) working days in advance of the potholing operation. Once the utilities are exposed, the excavation shall not be backfilled until the Engineer has inspected and taken measurements of the utilities.
Unless otherwise indicated on the plans, a pothole shall have a maximum length of six (6) feet, maximum depth as indicated on the plans or as directed by the Engineer, and the width dimension shall be as required by the Contractor with authorization of the Engineer.
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The Contractor will protect and assume liability for all existing or newly installed structures and lines from damage by Contractor’s forces during the construction period from the date of Notice to Proceed and the date of Final Acceptance.
All repairs of apparent or discovered utility facilities will be accomplished by the respective utility owners. The Contractor must coordinate with the utility companies to rewrap and/or repair their utility. All exposed existing telephone, gas, water, electrical and other public utility facilities will receive an envelope of twelve-inches (12”) of sand.
All painted markings including USA and CBUD markings, marks placed by the Contractor, and marks placed by the City’s survey crew on street pavement, curbs, gutters and sidewalks shall be completely removed by the Contractor prior to completion of the project. All cost incurred to complete this work shall be deemed included in other items of work and no additional payment will be made thereof.
20. UTILITY COORDINATION
All relocations of apparent or discovered utility lines (e.g., AT&T, PG&E, SJWC, etc.) shall be accomplished by the forces of the appropriate utilities. The Contractor shall notify the appropriate utility at least forty-eight (48) hours in advance of working in the vicinity of any utilities in the project area.
Existing utilities shown on the plans are for information only and their locations are approximate. The Contractor shall assume full responsibility for the location of all existing utilities, whether or not shown on the plans, prior to the commencement of any construction activity (e.g., excavation, clearing & grubbing, etc.) which may damage any existing utilities. Furthermore, the Contractor shall protect and assume liability for all existing utilities, whether or not shown on the plans, and any newly installed structures and lines from damage by contractor’s forces for the duration of the construction period (from the date of Notice to Proceed until the date of Final Acceptance).
The Contractor must allow utility companies to rewrap their utilities. All exposed existing or new telephone, gas, water electricity or other public utility facilities shall receive an envelope in all directions of twelve-inches (12”) of sand surrounding said utility(s) within the backfill area. This envelope shall be placed by the Contractor. All utilities must be supported by the Contractor when trench is opened.
21. OBSTRUCTIONS
The City shall not be responsible for any impact to the Contractor of any restrictions that may be caused by the work of other agencies, or the requirements thereof.
In the event that gas, electricity, telephone, water or other utility facilities are encountered, the Contractor shall immediately notify the Engineer and make the necessary coordination to have these structures (vaults, manholes, risers, valves, etc.) removed, relocated, and/or adjusted as necessary by the respective utility company unless specified in these Technical Specifications.
The storm and sanitary manholes, water valves, and monument covers shall be adjusted to grade by the Contractor as specified in these Technical Specifications. The
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Contractor shall also notify and coordinate with utilities to raise and/or adjust vaults, cabinets, etc. to grade.
The Contractor is required to cooperate with forces engaged in utility work and shall schedule and conduct the work under the Contract in such a manner as to avoid any unnecessary delay or hindrance to the work of the utility companies.
If the Contractor causes damage to Traffic Signal Communication Cable(s), the Contractor shall replace at no cost to the City the complete run of Traffic Signal Communication Cable(s) to the next controller. No splicing of Traffic Signal Communication Cable(s) shall be allowed at pull box. No time extension shall be granted to re-pull/replace Traffic Signal Communication Cable(s).
22. NOT USED
23. NOT USED
24. PROTECTION OF PUBLIC SAFETY
If the Contractor encounters a condition where public safety is threatened (such as, but not limited to, a pipe hole, pipe collapse, stoppage, blockage and/or eminent sewer spill) the City’s representative shall be notified immediately. Furthermore, the Contractor shall provide a visual record of the section of line containing the condition within eight (8) hours to City. If the CCTV camera becomes lodged inside the sewer and cannot be retrieved, the Contractor shall inform the City immediately. It is the Contractor's responsibility to remove the camera and ensure that the sewer is not damaged and Sanitary Sewer Overflows (SSOs) do not occur.
25. NOT USED
26. NOT USED
27. NOTIFICATION OF RESIDENTS AND MERCHANTS
The Contractor shall perform the following tasks prior to commencement of the work:
A. Notify residents and businesses seventy-two (72) hours prior to commencing construction operations.
B. Include Contractor's telephone number for the purpose of taking inquiries and complaints.
C. Submit a draft copy of the notification letter to City at Pre-Construction conference.
The final format and wording of this letter shall be subject to approval of City.
If Contractor encounters any difficulty regarding resident’s or business manager’s permission to access the work area in order to complete construction, then Contractor shall contact the City for assistance.
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28. OWNER / CONTRACTOR MEETINGS
A. PRE-CONSTRUCTION CONFERENCE: A Pre-Construction Conference will be held at the San Carlos City Hall, 600 Elm Street, San Carlos, CA 94070. Notice to Proceed shall be issued at the conclusion of the pre-construction conference.
The c
onference will address the scope of work and the Contractor's proposed construction schedule, traffic control and detour plan. At the Pre- construction conference the Contractor shall provide the following, in addition to the items specified in Section 8.09 of the General Provisions:
• The proposed construction schedule (for overall project); • Two-week look-ahead construction schedule;
• Traffic Control Plan;
• Draft Notification Letter to Residents and Merchants; • Critical Project Submittals and/or Submittal Log Showing Anticipated Submittal Schedule
CONSTRUCTION MEETINGS: Construction meetings will be held as needed at the construction site or at San Carlos City Hall, 600 Elm Street, San Carlos, CA 94070 as determined by the City Project Manager/Inspector. The meetings will be held on a day and time mutually satisfactory to the City and Contractor’s representative and/or superintendent.
29. RECORD DRAWINGS
Upon completion of the project, the Contractor shall provide an electronic and hard copy of the project plans provided to the Contractor at the start of the project with any red line changes to the configuration that were identified in the field.
30. CONSTRUCTION SCHEDULE
The Contractor shall submit to the Engineer, for review, a construction schedule in Critical Path Method (CPM) format with accompanying bar chart setting forth the sequence in which construction will proceed. In addition, the Contractor shall submit an updated CPM schedule for review along with the monthly request for partial payment.
The City may, at its sole discretion, withhold partial payment until an updated CPM schedule is submitted.
31. DAILY WORK REPORTS
The Contractor shall provide the City Inspector with daily work reports at the beginning of each working day for a report of the previous working day. The form shall conform to that which is provided in Appendix A.
32. SUBMITTALS
The Contractor shall provide one electronic copy in PDF format of the construction submittals. Each submittal shall be numbered. Re- submittals shall include the original submittal number followed by a letter indicating the revision (i.e. “A” for the first revision, “B” for the second revision). Submittals shall be provided as required by the Contract Documents. The Contractor shall be responsible for conforming to the requirements of
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the specifications. The Contractor shall provide, at a minimum, the following submittals to the City within twenty (20) calendar days after the issuance of the Award of Contract Notification Letter and prior to beginning work.
E
ach submittal item shall include a signed cover sheet, of which a template will be provided by the City. The cover sheet shall be filled out completely and legibly.
GP – General Provisions SP – Special Provisions TP – Technical Provisions
ITEM DESCRIPTION SPECIFICATION SECTION
1. Construction Schedule GP 8.05 and SP 30
2. Traffic Control Plan GP 9.20 and SP 11
3. Notification Letter SP 27
4. Water Pollution Control Plan GP 9.12 and SP 12
5. Designation of Site Safety and Health Officer(s) SP 8
6. Health and Safety Plan SP 8
7. Emergency Contact List N/A
8. Site Video Inspection DVD SP 18
9. Daily Work Report SP 31
10. Staging Area (if applicable) GP 9.09 and TP 7
11. CAL/OSHA Excavation Permit GP 9.21
Material Submittal List. – The names of the manufacturers/producers of the materials proposed by the Contractor for use under this contract shall be submitted to the Engineer, for review prior to beginning of work. The manufacturer's/ producer’s, materials, test results, specifications and/or certificates of compliance shall be submitted for all applicable products on the list, and shall be dated no earlier than six months from the award date.
ITEM DE SCRIPTION SPECIFICATION SECTION
12. Traffic Stripes & Pavement Markings TP 1
13. Red Curb Paint TP 2
14. Custom Traffic Sign TP 3
15. Flex-Post Delineator TP 4
Additional Submittals. – The lists provided are intended to be comprehensive but no claim for their completeness is implied, and submittal of each and every item on the lists shall not relieve the Contractor of supplying all information needed, or of complying with any of the other requirements of the specifications. Revised lists may be issued and items may be added to the list supplied.
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BID ITEM DESCRIPTIONS
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SPECIAL PROVISIONS BID ITEM DESCRIPTIONS
1. GENERAL
It is the intent of the Proposal and this Contract Document that the bid for each lump sum or unit price item, as submitted, and as required by the Contract Documents. All costs in connection with the work, including labor, materials and equipment to fully complete the work, shall be included in the lump sum or unit price named in the Proposal. No item of work required by contract documents for proper and successful completion of the contract will be paid for in addition to the prices submitted in the Proposal. All work not specifically set forth in the Proposal as a pay item shall be considered a subsidiary obligation of the Contractor and all costs in connection therewith shall be included in prices shown in the Proposal.
Full compensation for conforming to the requirements in the Special Provisions (with the exception of Traffic Control) shall be considered as included in the contract prices paid for the various items of work involved and no separate payment will be made therefor.
2. MEASUREMENT AND PAYMENT
Unless otherwise specified in other individual sections of these specifications, linear foot quantities of 12”- and 24”-wide traffic stripes shall be based on the linear footage of the marking installed.
Lump sum bid items will be measured as a complete job and are intended to cover payment for all work in connection with the item as indicated on the plans and as described throughout these specifications.
Unit price bid items will be measured as described in the bid schedule or specifications.
Bid items for this project are as follows:
Base Bid Item No. 1 – Mobilization & Demobilization
Measurement and payment for this item shall be on a lump sum basis. The contrac t price for this bid item shall include full compensation for obtaining all bonds, all Contractor-acquired permits, licenses, agreements, certifications, and public and agency notifications; submittal and approval of initial and progress schedules; submittals; moving onto the site of all equipment, materials and staff including obtaining and setting up of Contractor’s staging area/yard; furnishing and erecting all needed construction facilities, fencing, and project signage; project security; demobilization; preconstruction photographs and video recording of surface features; progress schedules and reports; contract meetings; and record drawings.
Base Bid Item No. 2 – Traffic Control System
Measurement and payment for this item shall be on a lump sum basis . The contract price for this bid item includes full compensation for preparing typical and/or detailed traffic control plans in accordance with the latest version of the California Manual on
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Uniform Traffic Control Devices (CA MUTCD) and approved by the City of San Carlos.
In addition, the contract price for this bid item shall include placing, adjusting and removing temporary traffic control measures, such as, but not limited to, flags, cones, barricades, crash barriers, signs, and flaggers (personnel dedicated to controlling and managing traffic); traffic control signs bot as required by the Contract Drawings and as part of the approved traffic control plan; and all incidentals necessary for worker, pedestrian and traffic protection, including furnishing all equipment, materials and personnel associated therewith, and in accordance with the Contract Documents.
Traffic control shall be provided for all project work areas and shall be provided for the duration of the project.
Base Bid Items No. 3 – Furnish and Install Thermoplastic Pavement Marking
Measurement and payment for this item shall be on a square foot (SF) basis. The contract price for this bid item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in traffic striping and pavement marking, complete in place, including temporary striping; cat - tracking; coordination with City’s Traffic Engineering Department; and clean- up, as shown on the plans, as specified in the State Standard Specifications and these Special Provisions, and as directed by the Engineer.
Base Bid Items 4, 5, and 6 – Furnish and Install 12” White Thermoplastic Striping, Furnish and Install 24” White Thermoplastic High- Visibility Ladder Marking, and Furnish and Install Red Curb Paint
Measurement and payment for this item shall be on a linear foot (LF) basis. The contract price for this bid item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in traffic striping, pavement marking, and curb paint, complete in place, including temporary striping; cat -tracking; coordination with City’s Traffic Engineering Department; and clean-up, as shown on the plans, as specified in the State Standard Specifications and these Special Provisions, and as directed by the Engineer.
Base Bid Items 7 – Furnish and Install Custom Traffic Sign
Measurement and payment for this item shall be on a per each basis. The contract price for this bid item shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in installing new traffic sign, complete in place, as shown on the plans, as specified in the State Standard Specifications and these Special Provisions, and as directed by the Engineer.
Base Bid Item 8 – Furnish and Install Flex-Post Delineator
Measurement and payment for this item shall be on a per each basis. The contract price for this bid i tem shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in installing new flex-post delineator, complete in place, as shown on the plans, as specified in the State Standard Specifications and these Special Provisions, and as directed by the Engineer.
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CITY COUNCIL
STAFF REPORT
MEETING DATE: February 13, 2023
ITEM TITLE: Receive the 2022 Climate Mitigation and Adaptation Plan Annual Report.
RECOMMENDATION:
Staff recommends that the City Council receive the 2022 Climate Mitigation and Adaptation Plan Annual Report.
FISCAL IMPLICATIONS:
None for this action.
BACKGROUND:
The San Carlos City Council adopted the Climate Mitigation and Adaptation Plan (CMAP) in September 2021. The CMAP serves as the City’s blueprint for addressing climate change by mitigating its impacts through reductions in local greenhouse gas (GHG) emissions and adapting to climate related hazards. To do this, the CMAP establishes the target of reducing emissions 40% by 2030 and 80% by 2050, relative to 1990 levels, and identifies 33 GHG reduction strategies and 12 adaptation strategies to achieve these goals.
Implementing the CMAP requires City leadership to put the strategies identified in the CMAP into effect and report progress. To ensure that the implementation process is efficient and transparent, this CMAP includes the strategy to “monitor and report progress toward CMAP target achievement on an annual basis.”
ANALYSIS:
Shown in Attachment 1 is the 2022 CMAP Annual Report that includes a summary of activities undertaken during the 2022 calendar year that make meaningful contributions towards San Carlos’ climate goals and performance metrics that can be used to track progress and convey trends going forward.
A few key highlights include:
• Sustainability related outreach efforts . The City continues to take advantage of all communication channels to engage with the community and connect residents and business owners with available resources and incentives that encourage sustainable practices.
• City facilities. The City has taken a number of actions this year to reduce the emissions from City facilities including performing energy efficiency audits, electrifying water heaters, installing EV charging installations, and pursuing rooftop solar.
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• Promote active transportation. The City continues to encourage alternative modes of transportation by incorporating bicycle and pedestrian friendly features into street design and by partnering with local school districts to promote safe routes to school. • Efforts to increase composting. The City advances composting through a variety of efforts including implementation of the Disposable Food Service Ware Ordinance that requires food facilities to use compostable food ware and through complying with the Senate Bill 1383.
Included in the report is an updated Community GHG Inventory with the most recent data from 2019 that shows a reduction in over 1,000 MT CO2e from 2017 to 2019. Noteworthy trends in the GHG emissions inventories include:
• Transportation emissions reductions. While total vehicle miles traveled increased modestly, this increase is not at the same pace as jobs and population growth.
Additionally, GHG emissions from the transportation sector continue to fall with the adoption of more fuel efficient and electric vehicles.
• Energy emissions reductions. Emissions associated with the consumption of energy in buildings fell in 2019, largely due lower GHG intense electricity supplied by Peninsula Clean Energy.
ALTERNATIVES:
The alternatives available to the City Council include:
1. Accept the 2022 CMAP Annual Report; or
2. Do not accept the CMAP Annual Report; or
3. Provide staff with alternative direction.
Respectfully submitted by:
Nil Blackburn, Assistant City Manager
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
ATTACHMENT(S):
1. 2022 Climate Mitigation and Adaptation Plan Annual Report
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1 2022 Climate Mitigation and Adaptation Plan Annual Report
INTRODUCTION
The San Carlos City Council adopted the Climate Mitigation and Adaptation Plan (CMAP) in September 2021. The CMAP serves as the City’s blueprint for addressing climate change by mitigating its impacts through reductions in local greenhouse gas (GHG) emissions and adapting to climate related hazards.
The CMAP establishes the target of reducing emissions 40% by 2030 and 80% by 2050 relative to 1990 levels and identifies 33 GHG reduction strategies and 12 adaptation strategies to achieve these goals.
While tracking and reporting on implementation of the CMAP falls under the responsibility of the City Manager’s Office, carrying out the strategies contained within the CMAP is a collaborative effort across different City departments, community groups, and regional agencies. To ensure the success of the CMAP it calls for monitoring and reporting on progress on an annual basis.
Contained within this 2022 CMAP Annual Report is a summary of activities undertaken during the 2022 calendar year that make meaningful contributions towards San Carlos’ climate goals. Each action is included within the 10 Goals identified in the CMAP. Also included are performance metrics that can be used over time to convey trends and indicate progress made. These performance metrics are included for years where data is available. At the end of this report is a full community GHG inventory with the most recent data included from 2019.
GOAL 1. REDUCE ENERGY USE
• Sustainability Outreach. Continuing in 2022, the City engaged with community members to raise awareness of sustainable practices and connect residents, property owners, and businesses with incentive programs and resources.
o Good Living Newsletter – Regional incentive programs and rebates highlighted in Good Living Newsletter.
o E-notify – Sustainability and Climate Action e-notify group has over 800 subscribers where information and resources are frequently shared.
o Earth Day Photo Contest – The City held an Earth Day Photo Contest on social media.
Participants posted photos showing how they were celebrating Earth Day with #CityofGoodLiving.
o Central Middle School Environmental Club – As part of the City’s Earth Day efforts staff presented to the Central Middle School Environmental Club on the City’s efforts to mitigate the impacts of climate change.
o Farmers Market – Staff tabled at the Farmers Market to spread information about rebate programs and gather feedback on the opportunities and challenges associated with various sustainability activities.
• City Facility Energy Audits. City staff leveraged BayREN’s Municipal Zero Net Energy Technical Assistance Program to conduct energy efficiency audits of four different City facilities. These
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2 audits led to recommendations for possible energy efficiency measures, rooftop solar and battery storage, and electrification opportunities.
• BayREN Programs. The City continues to promote programs and incentives to the community offered by the Bay Area Regional Energy Network that provide technical assistance and rebates for home energy efficiency upgrades. Residents can take advantage of rebates for upgrades such as new efficient appliances, lighting, weatherization, and duct sealing.
2005 2010 2015 2017 2019
Total Electricity
Consumed
Citywide (kWh)
203,990,520 198,401,471 201,395,488 187,678,077 190,952,656 Gas Consumed
Citywide
(therms)
9,421,049 9,581,115 8,030,935 8,555,150 9,390,770
2022
BayREN Energy Funded Projects 43
Peninsula Clean Energy Funded Projects 18
2015 2017 2018 2021 2022
Electricity
Consumed in City
Facilities (kWh)
1,725,911 1,392,341 1,459,848 1,505,436 1,685,735
Gas Consumed in
City facilities
(therms)
50,438 27,987 28,013 29,201 29,702
GOAL 2. TRANSITION TO CARBON-FREE ENERGY SOURCES
• All-Electric New Construction. The City continues to implement the all-electric new construction reach code adopted by the City Council in 2021. The local energy standards require newly constructed buildings to be all-electric with rooftop solar and added electric vehicle charging requirements.
• Youth Center Rooftop Solar. The City continues to move forward with Peninsula Clean Energy to install rooftop solar on the Youth Center. Once installed, the 30 kW solar system will provide an estimated $160,000 in savings on energy bills over the 20-year agreement. • Heat Pump Water Heater Project. The City used grant funding from PG&E to replace a gas water heater at Fire Station 13 with a high efficiency electric heat pump water heater alternative.
• Home Electrification Workshop. The City hosted a Home Electrification Community Workshop in December where attendees learned about resources to help them electrify their own homes and provide feedback on possible policy approaches towards electrifying buildings.
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3 • CMAP Incorporated into Planning Review. Staff have incorporated CMAP strategies and reach code requirements into a checklist for assessment during planning review. This acts to engage with developers early in the planning process on the ways projects can be consistent with the City’s climate goals.
• Peninsula Clean Energy ECO 100. The City continues to promote the Peninsula Clean Energy ECO100 program that promotes renewable energy and decarbonizes the electric grid. By opting into this program, the City ensures that 100% of the electricity used for municipal functions comes from renewable sources like wind and solar.
• Sunshares Program. The City participates in the Bay Area SunShares program. SunShares is a group-buying program that offers discounts to residents for rooftop solar and battery installations from pre-vetted installers.
• Instant Solar Permitting. City staff have taken steps to secure grant funding from the California Energy Commission to implement an instant solar permitting software that will enable faster permit approvals for rooftop solar.
2022
Single-Family Homes, Duplexes, and ADUs permitted under all-electric reach code 32
Multifamily homes permitted under all-electric reach code 0 Non-residential buildings permitted under all-electric reach code 2 Solar installations 159
Percentage of electricity accounts with Peninsula Clean Energy 97%
GOAL 3. PROMOTE ENERGY RESILIENCE
• Support back-up battery installations. The City continues to promote the installation of small- scale onsite battery energy storage systems as a means of increasing community resilience to power shutoffs.
• Power Shutoff Preparedness. The City maintains and distributes the Public Safety Power Shutoff Community Guide to inform residents and businesses how to prepare and navigate possible power outages.
2022
Number of battery installations 50
GOAL 4. PROMOTE SUSTAINABLE DEVELOPMENT THAT REDUCES VEHICLE MILES TRAVELED • Transportation Demand Management. The City continues to implement transportation demand management requirements for new and existing multi-family and commercial developments.
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4 • Active Transportation. The City incorporates bicycle and pedestrian friendly features into street design as directed by the Bicycle and Pedestrian Master Plan. Promoting walking and bicycling through the creation of safe, comfortable, and connected networks encourages alternative transportation to single occupancy motor vehicle trips and reduces overall vehicle miles traveled.
o San Carlos Avenue Project. This year the City completed numerous pedestrian and bike improvements along San Carlos Avenue including replacing new sidewalks, curbs, and pedestrian beacons.
o Pedestrian Lead Intervals. The City implemented 5-second pedestrian lead intervals at all crossings along San Carlos Avenue. This signal change provides pedestrians the opportunity to enter the crosswalk prior to vehicles getting a green light to enter the intersection.
o Belmont Ave and El Camino Traffic Calming. The City replaced the existing pedestrian beacon system with a new hybrid actuated crosswalk in addition to traffic striping and pavement marking improvements.
o Holy St & 101 Overpass. Staff has been seeking funding opportunities to advance the Holy Street & 101 Overpass project including applying for funding and conducting outreach in order to provide community members with an opportunity to learn more about the proposed project.
o Pedestrian Beacons. The City added flashing pedestrian beacons at Woodland & Brittan, Tamarack & Brittan, and Crestview Drive at Crestview Park with more under construction at Kenton and San Carlos Ave and Prospect and San Carlos Ave. • Safe Routes to School. In 2022 the City worked extensively with local school districts to support safe routes to school to encourage students to bike, walk, or bus to school reducing vehicle miles traveled associated with school related trips.
o Carlmont High School Bike to School Day. City staff coordinated with the Carlmont’s Scots eBike Club to create a temporary bike lane on San Carlos Avenue for Carlmont High School Bike to School Day and deployed pylons and “No Parking” signs along the bike lane.
o San Carlos Crossing Guards. The City continued its partnership with the San Carlos School District to fund crossing guards that allow for the safe crossing of pedestrians and cyclists at certain intersections close to schools. o School Walk Audit Recommendations & Route Maps. The City partnered with the San Carlos School District to complete walk audits and create route maps for six school sites.
Significant inputs and observations were made, culminating in a set of improvement recommendations and a suggested route to school map for every site. o 15 Miles per Hour School Zone. The speed limit for 15 streets adjacent to school sites were lowered to 15 miles per hour to improve safety and minimizes the risk of severe or fatal conflicts between vehicles and pedestrians and bicyclists. o Alameda de las Pulgas Corridor Improvement Project. The City continues to participate in the multi-agency regional transportation improvement project to improve traffic safety and operations along Alameda de las Pulgas and San Carlos Avenue with a focus on complete streets and safe routes to school principles.
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5 • Transit-Oriented Development. The City encourages the development of mixed-use projects, higher-density housing, and job growth within the General Plan’s recognized Transit-Oriented Development (TOD) corridor (Planning Areas 1, 2, and 3) while being mindful of surrounding uses.
o Housing Element Update. This year the City continued progress towards updating the Housing Element to respond to current and near-term future housing needs in San Carlos and also provide a framework for the community’s long-term approach to addressing its housing needs. The current updated Housing Element increases height limits and densities along high-quality transit corridors to encourage alternative forms of transportation and limit vehicle miles traveled.
o Northeast Specific Plan. The City launched the Northeast Specific Plan project in late 2022. As a part of the planning process, this plan will explore the possibility of introducing housing to the area and addressing environmental needs within the study area.
2010 2015 2017 2019
Total Vehicle Miles
Travelled (miles) 206,460,436 213,377,593 212,928,543 216,944,880
2022
SamTrans Bus Passenger Boardings 151,655
2018 2019 2020 2021
New dwelling units
built 10 33 0 17
GOAL 5. TRANSITION TO LOW CARBON TRANSPORTATION
• EV Charging in Wheeler Plaza. The City was awarded grant funding through the California Electric Vehicle Incentive Program to fund the installation of 4 new level 2 EV charging stations in the Wheeler Plaza parking garage. With these additional stations bringing the total to 7 level 2 EV charging stations in Wheeler Plaza.
• EV Charging Standards. The City continues to enforce the all-electric reach code that includes increased EV charging readiness in new construction.
2022
New Single family/duplex/ADU EV charging EV Stations: 23 EV Ready: 15
New Multifamily EV charging EV Stations: 5
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6 New non-residential EV charging EV Stations: 14
EV Ready: 8
New City owned EV charging EV Stations: 4
2018 2020 2021 2022
Percentage of zero
emission vehicles in San
Carlos
4.4% 5.9% 7.0% 7.9%
GOAL 6. SUPPORT POLLUTION-FREE OUTDOOR EQUIPMENT
• Clean-fuel construction and landscaping. The City encourages the use of hybrid and clean-fuel construction and landscaping equipment citywide in preparation for new State regulations that ban the sale of gas-powered lawn equipment beginning in July 2024.
GOAL 7. BECOME A ZERO-WASTE COMMUNITY
• SB1383 Outreach and Compliance. San Carlos continues to take the necessary steps to comply with California Senate Bill 1383 which sets the goal to reduce organic waste disposal 75% by 2025.
o The City entered into a contract with the San Mateo County Resource Conservation District to cost-effectively meet our compost waste reduction requirements. o The City participates in the Countywide Edible Food Recovery Program managed by the County of San Mateo Office of Sustainability.
o The City partners with South Bay Waste Management Authority who is leading a coordinated plan that includes organic waste product procurement planning, reporting and recordkeeping, organic waste processing and diversion planning, model tools development, and generator compliance oversight.
o Through the South Bay Waste Management District, the City has partnered with an outside vendor, SCS Engineers, to conduct services including outreach and education, waiver management, and contamination monitoring.
• Disposable Food Ware Ordinance. The Disposable Food Ware Ordinance adopted by the City Council went into effect in October this year and requires restaurants and other food facilities to use compostable food ware instead of single use plastics for to-go operations. Currently staff are collaborating with the County Office of Sustainability to engage with food facilities to ensure compliance.
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7 2017 2018 2019 2020 2021
Commercial
Waste Diversion
Rate
33% 35% 37% 36% 35%
Multifamily Waste
Diversion Rate 26% 26% 27% 29% 28%
Residential
Curbside Waste
Diversion Rate
69% 68% 69% 69% 70%
Citywide Waste
Diversion Rate 53% 53% 54% 54% 53%
GOAL 8. REDUCE COMMUNITY-WIDE WATER USE
• Water Conservation Programs. This year the City continued to promote Calwater conservation programs such as the Lawn-to-Garden rebate that compensates homeowners to convert grassy areas into water-wise gardens and landscapes.
2022
CalWater Rebates Issued 144
Calwater Conservation Kits Issued 25
CalWater Smart Landscape Tune Ups Completed 32
GOAL 9. BECOME A LOW-CARBON, RESILIENT COMMUNITY
• Green Purchasing Policy. The City continues to follow the Green Purchasing Policy that include a preference for contractors and vendors that can demonstrate corporate sustainability and commitments to incorporate best practices into its operations.
GOAL 10. PREPARE FOR, REDUCE VULNERABILITY, AND ADAPT TO CHANGING CLIMATE CONDITIONS • Sea Level Rise Working Group. The City organized a group of staff from multiple departments to review the impacts and investigate possible sea level rise adaptation measures. The working group met with regional partners and other jurisdictions including Oneshoreline and the City of Burlingame to identify best practices and possible opportunities to incorporate sea level rise resiliency principles into the Northeast Plan.
• Sea Level Rise Mapping. City staff added the 2050 and 2100 sea level rise projections to the City’s public GIS map to help raise awareness of the future impacts of sea level rise. • Wildfire Preparedness Community Meeting. The City hosted the annual Wildfire Preparedness Community Meeting that included representatives from the Fire Department, Sheriff's Office, and Public Works Department to discuss how the community can prepare and keep homes and families safe during a wildfire.
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8 • Annual Creek Clean-Up. In September, the City hosted the Annual Creek Clean-Up Day by inviting volunteer to clean up any trash, yard clippings or other non-natural materials that run adjacent to the property.
• Protected Tree Ordinance. The City Council adopted the new Protected Tree Ordinance this year to ensure a significant and thriving population of large healthy trees in San Carlos for public enjoyment and environmental sustainability.
COMMUNITY GREENHOUSE GAS INVENTORY
City staff in partnership with the San Mateo County Office of Sustainability continue to update greenhouse gas emissions inventories as data becomes available. Greenhouse gas inventories quantify the emissions from various sectors and provide insight into GHG reduction strategies effectiveness over time. Below is an accounting of the most updated Community GHG Inventory including the year 2019.
Community Greenhouse Gas Emissions by Sector (MT CO2e)
Sector 2005 2010 2015 2017 2019
Residential
Energy 49,002 49,575 38,768 33,453 33,733
Nonresidential
Energy 48,348 43,549 43,391 31,755 31,090
Transportation 100,661 93,415 90,155 86,731 86,329
Off-Road
Equipment 4,477 5,184 5,086 4,948 4,762
Solid Waste 14,756 12,028 13,221 11,005 10,776
Water &
Wastewater 0 1,151 957 994 913
Total 217,245 204,902 191,578 168,886 167,603
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9 San Carlos Greenhouse Gas Emissions by Sector
San Carlos community GHG emissions continued to fall between 2017 to 2019 by over 1,000 MT CO2e.
The majority of the emissions reductions over the timeframe above can be attributed to cleaner electricity supplied by Peninsula Clean Energy and the adoption of more fuel efficient and electric vehicles.
0 50000
100000
150000
200000
250000
2005 2010 2015 2017 2019
GHG Emissions (MT co2e)
Residential Energy Nonresidential Energy Transportation Off-Road Equipment Solid Waste Water & Wastewater
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9 CITY COUNCIL
STAFF REPORT
MEETING DATE: February 13, 2023
ITEM TITLE: Receive an Updated Report on Traffic Collisions.
RECOMMENDATION:
This report is submitted for informational purposes only.
FISCAL IMPLICATIONS:
There is no financial impact associated with receiving this report.
BACKGROUND:
This report is being provided in response to the City Council’s request on November 14, 2022, to receive an update on traffic collisions in San Carlos during 2022. This report also includes the Police Bureau’s current traffic enforcement strategies and education efforts to maintain safer roads.
ANALYSIS:
Traffic Collisions
This report includes traffic collision data from January 1, 2022 to December 31, 2022, and is compared with data from 2019, 2020, and 2021. The following data categories for motor vehicle traffic collisions were used: fatal injury, major injury, minor injury, and non-injury collisions. Definitions of each are listed below.
• Fatal injury: results in the death of one or more persons within 30 days of the collision. • Major injury: includes severe wounds, other visible injuries, or complaints of pain. • Minor injury: any injury that is evident at the scene of the collision other than fatal or major injuries. • Non-injury: no complaint made or treatment required by the persons involved.
The graph below contains traffic collision data related to documented collisions in the last four years.
For years 2021 to 2022, the data shows an increase (n=20 collisions) in minor injury-related collisions, an increase (n=1) in major injury-related collisions, an increase (n=62) in non-injury-related collisions, and a decrease (n= -1) in fatal injury collisions. Common causes of traffic collisions, such as distracted driving, speeding, and alcohol and drug use, may be causative factors; however, in this case, the increase in overall traffic collisions is believed to be primarily related to the rise in vehicular traffic as we exited the pandemic.
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9 The 2020 shelter-in-place orders and an increase in teleworking contributed to significantly reduced vehicular traffic in 2020 and 2021, resulting in fewer traffic collisions. However, since COVID-19 restrictions were lifted in 2022, fewer people are teleworking, and the number of vehicles on our roads has increased, explaining the return of traffic collision numbers to pre-pandemic (2019) rates. This is demonstrated in the graph below.
Traffic Enforcement Strategies
Maintaining safe roadways for all who use them is an ongoing area of attention for the San Carlos Police Bureau. The Sheriff’s Office, in partnership with other City staff, takes a three-pronged approach to traffic safety: education, enforcement, and engineering.
Currently, two full-time motorcycle traffic deputies are assigned to traffic enforcement in San Carlos Monday through Friday. Traffic deputies work in conjunction with the Internal Collaborative Saturation Traffic Enforcement Program (S.T.E.P.) on a monthly rotation, allowing four to five motorcycle deputies to collectively conduct traffic enforcement in San Carlos. The remaining three deputies per shift who work patrol assignments are also responsible for assisting with traffic enforcement when time permits.
Traffic complaints are collected from the community in various formats. To report a traffic complaint, a person can utilize the online platform Accela, call or visit the Police Bureau, or engage with a deputy in the field. The complaints are logged, reviewed, and posted on the patrol board for complaint-driven traffic enforcement.
The Sheriff’s Office collaborates with the Department of Public Works and the City Engineer. This combined effort is designed to coordinate the response to community concerns about traffic safety. A
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9 strategic plan based on specific findings determined by an engineering and traffic survey is utilized to direct traffic enforcement.
Education is the third component of our traffic enforcement and safety efforts. Our office promotes public safety education through the National Highway Traffic Safety Awareness (NHTSA) campaigns. We have partnered with the California Office of Traffic Safety to participate in the following events:
• National Teen Driver Safety Week (Press Release date: October 14, 2022) • National School Bus Safety Week (Press Release date: October 14, 2022) • National Winter DUI Mobilization (December 14, 2022 – January 1, 2023) • National Distracted Driving Awareness Month (April 2022) • National Motorcycle Awareness Month (May 2022)
• National Click It or Ticket Enforcement Mobilization (May 16, 2022 – June 5, 2022) We conducted the following operations in 2022:
• Two Sobriety and Driver’s License Checkpoints
• Two Distracted Driving Operations
• Two Bicycle and Pedestrian Safety Operations
The San Mateo County Sheriff’s Office participates in the Countywide Saturation Traffic Enforcement Program (S.T.E.P), a collaborative effort with other local agencies to increase traffic safety and awareness in known trouble spots in San Mateo County. These events are a coordinated saturation effort where a high volume of traffic stops and citations occur in the City of San Carlos twice a year.
In addition, the Sheriff’s Office maintains and deploys electronic message boards that display speed data.
The message boards provide driver awareness by indicating speed. Lastly, speed surveys are a significant part of collecting speed data. It allows us to verify resident complaint issues and optimize deputy presence in areas requiring increased enforcement.
Conclusion
On behalf of Sheriff Christina Corpus and the men and women of the San Mateo County Sheriff’s Office, it is an honor to provide law enforcement services to the City of San Carlos. We are proud of our performance, remain committed to doing our best, and look forward to continuing to build and improve our efforts.
Respectfully submitted by:
Kristina Bell, Police Captain
Approved for submission by:
_______________________
Jeff Maltbie, City Manager
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