1. Services. The services to be performed by CONTRACTOR under this Agreement are described in Exhibit A
which is, by this reference, incorporated herein and made a part hereof as though it were fully set forth herein.
Performance of the services specified in said Exhibit is hereby made an obligation of CONTRACTOR under this Agreement, subject to any changes that may be made subsequently hereto upon the mutual written agreement of the said parties.
Where in conflict, the terms of this Agreement supersede and prevail over any terms set forth in Exhibit A.
2. Term; Termination. (a) The term of this Agreement shall commence upon the date hereinabove written and shall expire upon the date enumerated in Exhibit A, delivery of the product or completion of performance of services hereunder by CONTRACTOR, whichever date shall first occur. (b) Notwithstanding the provisions of (a) above, CITY may terminate this Agreement without cause by giving written notice not less than thirty (30) days prior to the effective date of termination, which date shall be included in said notice. CITY shall compensate CONTRACTOR for any product delivered and/or for services rendered, and reimburse CONTRACTOR for costs and expenses incurred, to the date of termination, calculated in accordance with the provisions of paragraph 3. In ascertaining the services actually rendered to the date of termination, consideration shall be given both to completed work and work in process of completion. Nothing herein contained shall be deemed a limitation upon the right of CITY to terminate
8.e
February 12, 2024 Packet Pg. 255
Bid Proposal Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page A-3 Project No. C2319
this Agreement for cause, or otherwise to exercise such rights or pursue such remedies as may accrue to CITY hereunder.
3. Compensation; Expenses; Payment. CITY shall compensate CONTRACTOR for all products supplied or services performed by CONTRACTOR hereunder as shown in Exhibit A attached hereto and by this reference incorporated herein.
Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum of __________________$_________, as provided in the approved bid documents or in this Agreement unless additional amounts have been authorized in the acceptance of the bid and approved in advance of supplying the product, performing the services or incurring the costs and expenses by CI
authorized by City Council action for contracts $175,000 or more by motion duly made and carried).
Compensation and reimbursement of costs and expenses hereunder shall be payable upon CONTRACTOR meeting contract milestones as defined in Exhibit A. Billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items billed.
4. Contractor affirms that its employees and contractors comply with California Prevailing Wage Law.
5. Additional Services. In the event the public project requires the delivery of additional products or performance of additional services not otherwise included within Exhibit A, such products or services must be authorized in authorized by City Council action for contracts $175,000 or more. Such amendment to this Agreement shall include a description of the project or services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefore, the time of performance thereof, and such other matters as the parties deem appropriate. Any additional services causing the total contract price to exceed $175,000, shall require approval by the City Council. Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such amendment.
6. Records. CONTRACTOR shall keep and maintain accurate records of products delivered or of all time expended in performing services and costs and expenses incurred relating thereto. Said records shall be available to CITY for review and copying during regular business hours at parties.
8.e
February 12, 2024 Packet Pg. 256
Bid Proposal Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page A-4 Project No. C2319
7. Authorization. This Agreement becomes effective when endorsed by both parties in the space provided below.
8. Reliance on Specialized Professional Skill of CONTRACTOR.
CONTRACTOR represents that it has the necessary professional skills to perform the services required and the CITY shall rely on such specialized skills of the CONTRACTOR to do and perform the work. In performing services hereunder CONTRACTOR shall adhere to the standards generally prevailing for the performance of services similar to those to be performed by CONTRACTOR hereunder.
9. Documents. All documents, plans, drawings, renderings, and other papers, or copies thereof, as finally rendered, prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation and delivery to CITY, become the property of CITY
10. Relationship of Parties. It is understood that the relationship of CONTRACTOR to the CITY is that of an independent contractor and all persons working for or under the direction of CONTRACTOR are its agents or employees and not agents or employees of the CITY.
11. Schedule. CONTRACTOR shall adhere to the schedule set forth in Exhibit A; provided, that CITY shall grant reasonable extensions of time for the delivery of products or performance of services occasioned by unavoidable delays; provided, further, that such unavoidable delay shall not include strikes, lockouts, work stoppages, or other labor disturbances CONTRACTOR acknowledges the importance to CITY of timely delivery of products or services and agrees to put forth its best professional efforts to perform in a manner consistent with that schedule.
12. Indemnity. CONTRACTOR shall indemnify, defend, and hold harmless City, its officers, employees, agents and volunteers from and against all liability, loss, damage, expense, and cost (including, without limitation, reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of negligence, recklessness, or willful misconduct in the performance of work hereunder, or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage caused by the active negligence or willful misconduct of the City. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
8.e
February 12, 2024 Packet Pg. 257
Bid Proposal Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page A-5 Project No. C2319
Nothing herein contained shall be construed to require CONTRACTOR to indemnify CITY, its officers, employees, agents and volunteers against any responsibility or liability in contravention of Section 2782 of the California Civil Code.
13. Insurance
non-owned and hired automobile liability insurance coverage relating to Manager. The minimum amounts of coverage corresponding to the aforesaid categories of insurance per insurable event shall be as follows:
Insurance Category Minimum Limits
statutory minimum
$1,000,000 per accident for bodily
injury or disease. Contractor shall
submit to City a Waiver of
Subrogation endorsement in favor
of City, its officers, agents,
employees, and volunteers.
Commercial General Liability
per occurrence for Liability bodily
injury, personal injury, and
property damage, including
without limitation, blanket
contractual liability and coverage
for explosion, collapse and
underground property damage
hazards. If a general aggregate
limit applies, either the general
aggregate limit shall apply
separately to this project/location
or the general aggregate limit shall
be twice the required occurrence
limit. Coverage must be at least as
broad as Insurance Services
Office form CG 00 01.
Automobile Liability
per accident for bodily injury and
property damage (coverage
8.e
February 12, 2024 Packet Pg. 258
Bid Proposal Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page A-6 Project No. C2319
required to the extent applicable to
in performing services hereunder)
Concurrently with the execution of this Agreement, CONTRACTOR shall furnish CITY with certificates and copies of information or declaration pages of the insurance required hereunder and, with respect to evidence of commercial general liability and automobile liability insurance coverage, original endorsements:
(a) Precluding cancellation or reduction in per occurrence limits before the expiration of thirty (30) days (10 days for nonpayment) after CITY shall have received written notification of cancellation in coverage or reduction in per occurrence limits by first class mail; (b) - contributory, and be endorsed using Insurance Services Office form CG 20 10 to provide that City and its officers, officials, employees, and agents shall be additional insureds under such policies. An endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37, is also required.
Claims Made Policies
If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract coverage for a minimum of five (5) years after completion of contract work.
Verification of Coverage
CONTRACTOR shall furnish the CITY with original certificates and amendatory endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the CITY before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
8.e
February 12, 2024 Packet Pg. 259
Bid Proposal Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page A-7 Project No. C2319
Waiver of Subrogation
CONTRACTOR hereby grants to CITY a waiver of any right to subrogation which any insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance. This provision applies regardless of whether or not the CITY has requested or received a waiver of subrogation endorsement from the insurer.
Acceptability of Insurers
no less than A:VII, unless otherwise acceptable to the City.
Special Risks or Circumstances
CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Coverage
It is a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater.
CONTRACTOR shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following completion of the project. In the event contractor fails to obtain or maintain completed operations coverage as required by this agreement, the city at its sole discretion may purchase the coverage required and the cost shall be paid by CONTRACTOR.
Primary and Non-Contributory Coverage
- contribution from the
CITY insurance or self-insurance and shall be at least as broad as CG 20 01 04 12.
Excess Insurance
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY before the CITY insurance or self-insurance shall be called upon to protect it as a named insured.
8.e
February 12, 2024 Packet Pg. 260
Bid Proposal Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page A-8 Project No. C2319
14. SUBCONTRACTORS. CONTRACTOR agrees to include with all subcontractors in their subcontracts the same requirements and provisions of this agreement including the indemnity and Insurance requirements to Subcontractors hired by CONTRACTOR agree to be bound to CONTRACTOR and CITY in the same manner and to the same extent as CONTRACTOR is bound to CITY under the Contract documents.
Subcontract shall agree to include these same provisions in any agreement with a sub-subcontractor. CONTRACTOR shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and will provide proof of compliance to the CITY.
Subcontractor shall agree to be bound to CONTRACTOR and CITY in the same manner and to the same extent as CONTRACTOR is bound to CITY under the Contract Documents. Subcontractor shall further agree to include the same requirements and provisions of this agreement, including the indemnity and Insurance requirements, with a Sub-subcontractor to the extent they apply to the scope of the Subthe CITY Contract Document Indemnity and Insurance provisions shall be furnished to the subcontractor upon request.
15. WORKERS' COMPENSATION. CONTRACTOR certifies that he/she/it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and CONTRACTOR certifies that he will comply with such provisions before commencing the performance of the work of this agreement.
16. NON-DISCRIMINATION. The CONTRACTOR hereby assures that it will comply with Subchapter VI of the Civil Rights Act of 1964, 42 USC Section 2000 (e)(17), to the end that CONTRACTOR will not exclude any person from participation in, be denied the benefits of, or be otherwise subject to discrimination from any project, program, or activity supported by this Agreement, based on the grounds of race, color, national origin, sex, disability, age, or religion,. CONTRACTOR shall comply with its EEO Certification (Form PW-7). In addition, CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONTRACTOR will take affirmative action to insure that applicants are employed and the employees are treated during employment without regard to their race, color, religion, sex or national origin. Such action shall include, but not be limited to the following:
employment, advancement, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The
8.e
February 12, 2024 Packet Pg. 261
Bid Proposal Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page A-9 Project No. C2319
CONTRACTOR shall at all times be in compliance with the requirements of the Federal Americans With Disabilities Act (Public Law 101-336) which prohibits discrimination on the basis of disability by public entities. The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.
17. Notice. All notices required by this Agreement shall be given to the CITY and CONTRACTOR in writing, by first class mail, postage prepaid, addressed as follows:
CITY: City of San Carlos
600 Elm Street
San Carlos, CA 94070
Attention:
CONTRACTOR: _____________________
Address
Phone
Attention: ______________
18. Non-Assignment. This Agreement is not assignable either in whole or in part.
19. Amendments. This Agreement may be amended or modified only by written agreement signed by both parties.
20. Business Registration. CONTRACTOR agrees to comply with Chapter
5.04 of the Municipal Code and pay all fees required to be paid.
21. Validity. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
22. Governing Law. This Agreement shall be governed by the laws of the State of California and any suit or action initiated by either party shall be brought in the County of San Mateo, California. In the event of litigation between the parties hereto to enforce any provision of the Agreement, the litigation of the successful party.
23. Mediation. Should any dispute arise out of this Agreement, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither party shall be permitted to file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties. If a mediated settlement is reached neither party
8.e
February 12, 2024 Packet Pg. 262
Bid Proposal Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page A-10 Project No. C2319
shall be deemed the prevailing party for purposes of the settlement and each party shall bear its own legal costs. If a party refuses or fails to participate in mediation in good faith prior to filing a lawsuit, then that party shall be barred from recovery of attorneys fees and costs of suit.
24. Conflict of Interest. CONTRACTOR may serve other clients, but none who are active within the City of San Carlos or who conduct business that would place CONTRACTOR in a "conflict of interest" as that term is defined in State law.
25. Entire Agreement. Each party acknowledges that this agreement, the exhibits hereto, and the documents incorporated by reference herein constitute the complete agreement and exclusive statement of the terms and conditions between the parties, which supercedes and merges all prior proposals, understandings and all other agreements, verbal and written, between the parties relating to the subject matter of this agreement. This agreement may not be modified or altered except by written instrument duly executed by both parties.
8.e
February 12, 2024 Packet Pg. 263
Bid Proposal Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page A-11 Project No. C2319
SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in that behalf.
CITY OF SAN CARLOS:
Dated: _______________ ______________________________
Jeff Maltbie, City Manager
ATTEST:
Dated: _______________ ______________________________
Crystal Mui, City Clerk
APPROVED AS TO FORM:
Dated: _______________ ______________________________
Gregory J. Rubens, City Attorney
CONSULTANT/CONTRACTOR/VENDOR:
I acknowledge that I have full authority to execute this agreement on behalf of the Consultant/Contractor/Vendor, and have read, understand, and agree to comply with the provisions of this Agreement, including the Insurance and indemnity requirements set forth herein.
Dated: _______________ ______________________________
8.e
February 12, 2024 Packet Pg. 264
Bid Proposal Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page A-12 Project No. C2319
EXHIBIT A
8.e
February 12, 2024 Packet Pg. 265
Bid Proposal Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page A-13 Project No. C2319
EXHIBIT B
This INSURANCE COVERAGE FORM modifies or documents insurance provided under the following:
Named Insured: Effective Work Date(s):
Description of Work/Locations/Vehicles:
ADDITIONAL INSURED: City of San Carlos
600 Elm Street, San Carlos, CA 94070
Attention: _________________________________
Contract Administrator
Endorsement and Certificates of Insurance Required
The Additional Insured, its elected or appointed officers, officials, employees and volunteers are included as insureds with regard to damages and defense of claims arising from: (Check all that apply) Insurer Policy No.
General Liability: (a) activities performed by or on behalf of the Named Insured, (b) products and completed operations of the Named Insured, (c) premises owned, leased occupied or used by the Named Insured, and/or (d) permits issued for operations performed by the Named Insured. {Note:
MEETS OR EXCEEDS ISO Form # CG 20 10 11 85}
Auto Liability: the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Named Insured, regardless of whether liability is attributable to the Named Insured or a combination of the Named Insured and the Additional Insured, its elected or appointed officers, officials, employees or volunteers.
Other:
Certificates of Insurance Required (no endorsement needed) (Check all that apply)
Insurer Policy No.
Workers Compensation: work performed by employees of the Named Insured while those employees are engaged in work under the simultaneous directions and control of the Named Insured and the Additional Insured.
Professional Liability:
PRIMARY/NON-CONTRIBUTORY: This insurance is primary and is not additional to or contributing with any other insurance carried by or for the benefit of Additional Insureds.
SEVERABILITY OF INTEREST: The insurance afforded by this policy applies separately to each insured who is seeking coverage or against PROVISIONS REGARDING THE INSURED'S DUTIES AFTER ACCIDENT OR LOSS: Any failure to comply with reporting provisions of the policy shall not affect coverage provided to the Additional Insured, its elected or appointed officers, officials, employees, or volunteers.
CANCELLATION NOTICE. The insurance afforded by this policy shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days' prior written notice (ten (10) days if canceled due to non-payment) by regular mail return receipt requested has been given to the Additional Insured. Such notice shall be addressed as shown above.
WAIVER OF SUBROGATION: The insurer(s) named above agree to waive all rights of subrogation against the CITY/Public Works Departmentt, its elected or appointed officers, officials, agents, volunteers and employees for losses paid under the terms of this policy which arise from work performed by the Named Insured for the CITY/Public Works Department.
Nothing herein contained shall vary, alter or extend any provision or condition of the Policy other than as above stated.
SIGNATURE OF INSURER OR AUTHORIZED REPRESENTATIVE OF THE INSURER I, _______________________________________________________________(print/type name), warrant that I have authority to bind the above-named insurance company and by my signature hereon do so bind this company. ________________________________________________________________ _____________________ SIGNATURE OF AUTHORIZED REPRESENTATIVE (original signature required) DATE ISSUED ORGANIZATION:_________________________________________TITLE:______________________________ ADDRESS: _____________________________________________ TELEPHONE: ( ) _______
8.e
February 12, 2024 Packet Pg. 266
Bid Proposal Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page A-14 Project No. C2319
RESOLUTION OF CONSTRUCTION CLAIMS
Any public works claims arising under this contract which the Contractor wishes to assert against the Governing Agency shall be governed by California Public Contract Code Section 9204.
Claims which do not exceed three hundred seventy-five thousand dollars ($375,000) are also subject to the provisions of Article 1.5 of the California Public Contract Code (commencing with Section 20104). Pursuant to California Public Contracts Code Section 9204, claims shall be resolved as follows.
(d) (1) (A) Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision. (B) The claimant shall furnish reasonable documentation to support the claim. (C) If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion. (D) Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph (3) shall apply.
(2) (A)
respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.
(B) Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.
8.e
February 12, 2024 Packet Pg. 267
Bid Proposal Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page A-15 Project No. C2319
(C) For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute resolution through negotiation or by issuance of an evaluation.
Any mediation utilized shall conform to the timeframes in this section. (D) Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
(E) This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this (3) Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.
(4) Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.
(5) If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on their own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim. Within 45 days of receipt of this written request, the contractor shall notify the subcontractor in writing as to whether the contractor presented the claim to the public entity and, if the original contractor did not present the claim, provide the subcontractor with a statement of the reasons for not having done so.
A waiver of the rights granted by this section is void and contrary to public policy, provided, however, that (1) upon receipt of a claim, the parties may mutually agree to waive, in writing, mediation and proceed directly to the commencement of a civil action or binding arbitration, as applicable; and (2) a public entity may prescribe reasonable change order, claim, and dispute resolution procedures and requirements in addition to the provisions of this section, so long as the contractual provisions do not conflict with or otherwise impair the timeframes and procedures set forth in this section.
Nothing in this section shall impose liability upon a public entity that makes loans or grants available through a competitive application process, for the failure of an awardee to meet its contractual obligations.
8.e
February 12, 2024 Packet Pg. 268
Bid Proposal Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page A-16 Project No. C2319
PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS, that
WHEREAS, The City of San Carlos
(
contract for the construction of Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue), City Project No. C2319 and
WHEREAS, under the terms of said contract Principal is required to furnish a bond securing payment of the claims to which reference is made in Section 3248 of the Civil Code; NOW, THEREFORE, we, the Principal, and
,
/l00 Dollars ($ ) lawful money of the United States, being not less than one hundred percent (100%) of the amount payable by the terms of the contract, for the payment of which sum well and truly to be made we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.
The condition of this obligation is such that if said Principal or any of its subcontractors fails to pay any of the persons named in Section 3181 of the Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Franchise Tax Board from the wages of employees of the Principal or its subcontractors pursuant to Section 18806 of the Revenue and Taxation Code, with respect to such work and labor that the Surety will pay for the same, in an amount not exceeding the amount hereinabove set forth and also will pay, in case state
Department of Insurance.
This bond shall inure to the benefit of any of the persons named in Section 3181 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
This bond is given to comply with Sections 3247 and 3248 of the Civil Code. The liability of the Principal and Surety hereunder is governed by the provisions of said Code, all acts amendatory thereof, and all other statutes referred to therein, including Section 3225 of the Civil Code.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed there under or the specifications accompanying the same shall in any ways affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications.
8.e
February 12, 2024 Packet Pg. 269
Bid Proposal Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page A-17 Project No. C2319
IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their seals this _________ day of __________________, 20 , the name and corporate seal of each corporate body being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Principal)
NOTE: By
To be signed by By
Principal and Surety
and acknowledgment
and nortarial seal
(Surety)
By
By
8.e
February 12, 2024 Packet Pg. 270
Bid Proposal Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page A-18 Project No. C2319
PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS, that
WHEREAS, The City of San Carlos
a contract with _
construction of Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue), City Project No. C2319, and
WHEREAS, said Principal is required under the terms of said contract to furnish a bond of faithful performance of said Contract;
NOW, THEREFORE, we, the Principal, and , as Surety,
_______________/100
Dollars($ )
lawful money of the United States, being a sum equal to the total amount payable under the contract, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bounded Principal shall in all things stand to and abide by and well and truly keep and perform the covenants, conditions and agreements in the said contract and any alteration thereof made as therein provided, on part to be kept and performed at the time and in the manner therein specified, and in all respects according to true intent and meaning, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue.
As a condition precedent to satisfactory completion of the said contract, the above obligations to the amount of and-00/100 Dollars ($ ) being not less than ten percent (10%) of the total amount payable under the contract, shall hold good for a period of two (2) years after the completion and acceptance of said work, during which time if the above Principal shall fail to make full, complete and satisfactory repair and replacement or totally protect the damage made evident during said period of two (2) years from the date of acceptance of said work, and resulting from or caused by defective materials or faulty workmanship in the prosecution of the work done, the above obligations in the said sum of and-00/100 Dollars ($ ) shall remain in full force and virtue; otherwise the above obligation shall be void.
And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed there under of the Specifications accompanying the same shall in any ways affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the Specifications. We hereby state and Insurance.
an action brought upon this bond, then, in addition to the penal sum hereinabove specified, we ble sum on account of
8.e
February 12, 2024 Packet Pg. 271
Bid Proposal Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page A-19 Project No. C2319
IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their seals this _________ day of __________________, 20 , the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to the authority of its governing body. (Principal)
NOTE: By
To be signed by By
Principal and Surety
and acknowledgment
and nortarial seal
(Surety)
By
By
8.e
February 12, 2024 Packet Pg. 272
Bid Proposal Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page A-20 Project No. C2319
WORKERS' COMPENSATION CERTIFICATION
Labor Code Section 1861
The Bidder hereby certifies as follows:
"I am aware of the provisions of Section 3700 of the Labor Code, which requires every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions and furnish proof of said insurance before commencing the performance of the work of this contract." Name of Contractor
Signature of Contractor Representative
Dated: __________________________
NOTE: THIS CERTIFICATION MUST BE COMPLETED AND RETURNED BY THE SUCCESSFUL BIDDER PRIOR TO THE START OF CONSTRUCTION.
8.e
February 12, 2024 Packet Pg. 273
Bid Proposal Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page A-21 Project No. C2319
CERTIFICATION OF SAFETY REQUIREMENTS FOR
CONTRACTORS AND VENDORS
California Code of Regulations, Title 8, Section 1509
To work as a contractor or vendor with the City of San Carlos, your organization is required to certify that it has an active on-the-job written Injury and Illness Prevention Program. This program is essential to make the job as accident-free as possible and to comply with Federal and State Safety Standards.
The undersigned hereby certifies that organization has an active written Injury and Illness Prevention Program, as required by Cal-OSHA under California Code of Regulations, Title 8, General Industry Safety Orders, Section 3203 and/or Construction Safety Orders, Section 1509, that ensures compliance with, and enforcement of, current minimum Cal-OSHA Safety Standards, and that organization has knowledge of these standards that are applicable to the job operations. This includes a program for ensuring employees have been trained to recognize hazards of their job.
The undersigned also hereby certifies that organization has an active written Hazard Communication Program with evidence that all employees have been trained in safe use and handling of chemicals on the job site, and a file will be made available for review by the City of San Carlos of each Material Safety Data Sheet (MSDS) on those chemicals kept on the site.
Name of Contractor
Signature of Contractor Representative
Dated: __________________________
NOTE: THIS CERTIFICATION MUST BE COMPLETED AND RETURNED BY THE SUCCESSFUL BIDDER PRIOR TO THE START OF CONSTRUCTION.
8.e
February 12, 2024 Packet Pg. 274
Bid Proposal Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page A-22 Project No. C2319
DRUG-FREE WORKPLACE CERTIFICATION
The bidder_________________________________________________________________, hereby certifies compliance with Government Code Section 8355 in matters relating to providing a drug-free workplace. The contractor will:
1. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations, as required by Government Code Section 8355(a).
2. Establish a Drug-Free Awareness Program as required by Government Code Section 8355(b), to inform employees about all of the following:
(a) The dangers of drug abuse in the workplace,
(b) -free workplace,
(c) Any available counseling, rehabilitation and employee assistance programs, and (d) Penalties that may be imposed upon employees for drug abuse violations.
3. Provide as required by Government Code Section 8355(c), that every employee who works on the proposed contract or loan:
(a) -free policy statement, and
(b)
employment on the contract or loan.
I, the official named below, hereby swear that I am duly authorized legally to bind the contractor to the above described certification. I am fully aware that this certification, executed on the date below, is made under penalty of perjury under the laws of the State of California.
Dated:_______________________, 20____. ________________________________ NOTE: THIS CERTIFICATION MUST BE COMPLETED AND RETURNED BY THE SUCCESSFUL BIDDER PRIOR TO THE START OF CONSTRUCTION.
8.e
February 12, 2024 Packet Pg. 275
Bid Proposal Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page A-23 Project No. C2319
ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION (Optional)
Public Contract Code Section 22300
This Escrow Agreement is made and entered into by and between _______________________ whose address is ______________________________________________________________ hereinafter called "Owner,"__________________________ whose address is ____________________________________________________________________________ hereinafter called "Contractor" and __________________________________ whose address is ________________________________________________ hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows:
(1) Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for __________________ in the amount of _______________ dated __________ (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor.
Securities shall be held in the name of ____________________, and shall designate the Contractor as the beneficial owner.
(2) The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. (3) When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly.
(4) Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent. (5) The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner.
8.e
February 12, 2024 Packet Pg. 276
Bid Proposal Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page A-24 Project No. C2319
(6) Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor.
(7) The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven (7) days written notice to the Escrow Agent from the owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner.
(8) Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. (9) Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this agreement and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above.
(10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows:
On behalf of Owner: On behalf of Contractor: On behalf of Escrow Agent: ________________________ _________________________ _________________________ Title Title Title ________________________ _________________________ _________________________ Name Name Name ________________________ _________________________ _________________________ Signature Signature Signature ________________________ _________________________ _________________________ Address Address Address At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement.
8.e
February 12, 2024 Packet Pg. 277
Bid Proposal Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page A-25 Project No. C2319
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above.
Owner: Contractor: ______________________________ ___________________________________ Title Title ______________________________ ___________________________________ Name Name ______________________________ ___________________________________ Signature Signature
8.e
February 12, 2024 Packet Pg. 278
Bid Proposal Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page A-26 Project No. C2319
GUARANTEE
(To Be Submitted Prior to Project Acceptance)
FOR THE
City of San Carlos
San Carlos, CA 94070
Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) City Project No. C2319
We hereby guarantee that the work we have installed for the above named project has been done in accordance with the Plans and Specifications and that the work installed will fulfill the requirements of the guarantee.
We agree to repair or replace any or all of our work, together with any other adjacent work which may be displayed in so doing that may prove to be defective in its workmanship or material within a period of two (2) years from the date of acceptance of the above-named work by the City of San Carlos, without any expense whatsoever to the City of San Carlos, ordinary wear and tear and unusual abuse or neglect excepted.
Within fifteen (15) days after being notified in writing by the City of San Carlos of any defects in the work, we agree to commence and prosecute with due diligence all work necessary to fulfill the terms of this guarantee, and to complete the work within a reasonable period of time, and in the event of our failure to so comply, we collectively and separately, do hereby authorize said City of San Carlos to proceed to have such work done at our expense and we will honor and pay the cost and changes therefore upon demand.
Dated:
By:
NOTE: THIS CERTIFICATION MUST BE COMPLETED AND RETURNED BY THE SUCCESSFUL BIDDER PRIOR TO PROJECT ACCEPTANCE.
8.e
February 12, 2024 Packet Pg. 279
GENERAL PROVISIONS
8.e
February 12, 2024 Packet Pg. 280
This Page Intentionally Left Blank
8.e
February 12, 2024 Packet Pg. 281
TABLE OF CONTENTS
SECTION 1 TERMS AND DEFINITIONS ..........................................................................................................1
1.01 Terms ............................................................................................................................................1
1.02 Definitions .....................................................................................................................................1 SECTION 2 PROPOSAL REQUIREMENTS AND CONDITIONS .....................................................................6
2.01 General .........................................................................................................................................6
2.02 Proposal Forms.............................................................................................................................6
2.03 Qualifications of Bidders ...............................................................................................................6
2.04 Rejection of Proposals Containing Alterations, Erasures, or Irregularities....................................6
2.05 Submission of Bids........................................................................................................................6
2.06 Approximate Estimate...................................................................................................................7
2.07 Examination of Plans, Specifications, and Work Site....................................................................7
2.08 Withdrawals of Proposals..............................................................................................................7
2.09 Proposal Guaranty ........................................................................................................................7
2.10 Disqualification of Bidders.............................................................................................................7
2.11 Bid Protest Procedures .................................................................................................................7
2.12 List of Subcontractors ...................................................................................................................8
2.13 Required Contractor and Subcontractor Registration ...................................................................8 SECTION 3: REVIEW OF BIDS, CONTRACT AWARD AND EXECUTION........................................................9
3.01 Public Bid Opening and Initial Review ..........................................................................................9
3.02 Determination of Lowest Responsible Bidder ...............................................................................9
3.03 Notice of Award...........................................................................................................................10
3.04 Contract Execution......................................................................................................................10
3.05 Status of Contractor ....................................................................................................................10
3.06 Assignment .................................................................................................................................10
3.07 Recognition of Subcontractors ....................................................................................................10
3.09 Forfeiture of Proposal Guaranty..................................................................................................11
3.10 Contract Bonds ...........................................................................................................................11
3.11 Notification of Surety Companies................................................................................................12
3.12 Power of Attorney........................................................................................................................12
3.13 Insurance Requirements .............................................................................................................12
3.14 Special Requirements .................................................................................................................12
3.15 Builders Risk Insurance ..............................................................................................................13
3.16 Certificates ..................................................................................................................................13
3.17 Legal Address of Contractor .......................................................................................................13
3.18 Office of Contractor at Site..........................................................................................................13 SECTION 4 - SCOPE AND CONTROL OF WORK ............................................................................................14
4.01 Work to be Done .........................................................................................................................14
4.02 Plans and Specifications .............................................................................................................14
4.03 References to Standards and Codes ..........................................................................................14
4.04 Authority of the Engineer.............................................................................................................15
4.05 Contract Documents and Precedence ........................................................................................15
4.06 Interpretation of Specifications and Drawings.............................................................................15
4.07 Figured Dimensions ....................................................................................................................15
4.08 Errors or Discrepancies...............................................................................................................16
4.09 Drawings to be Furnished by Contractor.....................................................................................16
4.10 Additional Drawings by City ........................................................................................................16
4.11 Lines and Grades........................................................................................................................16
4.12 Record Documents .....................................................................................................................16
4.13 Record Drawings.........................................................................................................................16
4.14 Reuse of Documents...................................................................................................................17
4.15 Subsurface Data .........................................................................................................................17
4.16 Right-of-Way ...............................................................................................................................17
4.17 Removal of Defective and Unauthorized Work ...........................................................................17
4.18 Acceptance of Defective Work ....................................................................................................17
4.19 Submittals ...................................................................................................................................17
8.e
February 12, 2024 Packet Pg. 282
4.20 Substitutions................................................................................................................................18
4.21 Construction Staking Lines and Grades......................................................................................19
4.22 Inspection of the Work ................................................................................................................19
4.23 Testing ........................................................................................................................................20 SECTION 5 CHANGES IN WORK...................................................................................................................21
5.03 Non-Material Change Requests by the Contractor .....................................................................21
5.04 Effect of Extension of Time .........................................................................................................21
5.05 Letters of Instruction....................................................................................................................21
5.06 Requests for Information, Inconsistencies and Changed Conditions..........................................21
5.07 Extra and Omitted Work..............................................................................................................22
5.08 Change Orders............................................................................................................................22
5.09 Disputed Work.............................................................................................................................24 SECTION 6 - CONTROL OF MATERIALS .........................................................................................................25
6.01 Materials and Workmanship........................................................................................................25
6.02 Protection of Work and Materials................................................................................................25
6.03 Trade Names or Equals ..............................................................................................................25
6.04 Inspection of Materials by City ....................................................................................................26
6.05 Inspection of Materials by Others................................................................................................26
6.06 Tests of Materials........................................................................................................................26
6.07 Certification .................................................................................................................................26
6.08 Weighing and Metering Equipment .............................................................................................26
6.09 Calibration of Testing Equipment................................................................................................27 SECTION 7 UTILITIES ....................................................................................................................................28
7.01 ...........................................................................................................28
7.02 ..................................28
7.03 Location.......................................................................................................................................28
7.04 Protection....................................................................................................................................29
7.05 Shut Down Notification................................................................................................................29
7.06 Removal......................................................................................................................................29
7.07 Relocation ...................................................................................................................................30
7.08 Delays .........................................................................................................................................30
7.09 Cooperation.................................................................................................................................30 SECTION 8 PROSECUTION AND PROGRESS.............................................................................................31
8.01 Notice to Proceed........................................................................................................................31
8.02 Commencement of Work ............................................................................................................31
8.03 Subcontracting ............................................................................................................................31
8.04 Administrative Duties ..................................................................................................................31
8.05 Baseline Construction Schedule .................................................................................................31
8.06 Three-Week Look Ahead Schedule ............................................................................................31
8.07 Construction Sequence...............................................................................................................32
8.08 Recording Existing Conditions ....................................................................................................32
8.09 Preconstruction Conference........................................................................................................32
8.10 Progress Meeting........................................................................................................................32
8.11 Hours of Construction .................................................................................................................32
8.12 Prosecution of Work....................................................................................................................33
8.13 Suspension of Work....................................................................................................................33
8.14 Default by the Contractor and Termination of Control - ..............................................................33
8.15 ..............................................................34
8.16 ..............................................................................................34
8.17 Time of Completion and Days Charged......................................................................................35
8.18 Liquidated Damages ...................................................................................................................35
8.19 Delays and Extensions of Time...................................................................................................36
8.20 Substantial Completion ...............................................................................................................38
8.21 Project Closeout..........................................................................................................................38
8.22 Final Completion .........................................................................................................................38
8.23 Final Acceptance.........................................................................................................................39
8.25 Use of Improvements During Construction .................................................................................39
8.e
February 12, 2024 Packet Pg. 283
SECTION 9 RESPONSIBILITIES OF THE CONTRACTOR ...........................................................................40
9.01 .....................................................................................40
9.02 ...................................................................40
9.03 Superintendent............................................................................................................................40
9.04 Character of Workers ..................................................................................................................40
9.05 Laws to be Observed .................................................................................................................41
9.06 Permits and Fees ........................................................................................................................42
9.07 Coordination and Cooperation ....................................................................................................43
9.08 Use of Premises..........................................................................................................................43
9.09 Construction Staging and Field Office.........................................................................................43
9.10 Site Security ................................................................................................................................44
9.11 Construction Water .....................................................................................................................44
9.12 Project Site Maintenance ............................................................................................................44
9.13 Preservation of Property .............................................................................................................46
9.14 Protection of Buried Utilities ........................................................................................................47
9.15 Protection of Bridges...................................................................................................................47
9.16 Protection of Traffic Signal Facilities ...........................................................................................47
9.17 Restoration of Adjacent and Existing Improvements ..................................................................47
9.18 Archeological Remains ...............................................................................................................48
9.19 Access to Private Property..........................................................................................................48
9.20 Traffic Control and Public Convenience......................................................................................48
9.21 Safety ..........................................................................................................................................51
9.22 Patent Fees or Royalties.............................................................................................................53
9.23 Advertising ..................................................................................................................................53
9.24 Antitrust Claims ...........................................................................................................................53
9.25 Audit and Examination of Records..............................................................................................53
9.26 Notice of Entrance.......................................................................................................................53
9.27 Additional and Emergency Protection.........................................................................................53
9.28 Placing Portions of Work in Service ............................................................................................54
9.29 Rights-of-Way .............................................................................................................................54 SECTION 10 - MEASUREMENT AND PAYMENT .............................................................................................55
10.01 Measurement of Quantities for Unit Price Work..........................................................................55
10.02 Bid Items .....................................................................................................................................55
10.03 Bid Quantities..............................................................................................................................55
10.04 Progress Payments.....................................................................................................................56
10.05 Retentions ...................................................................................................................................57
10.06 Final Payment .............................................................................................................................58
10.07 Acceptance .................................................................................................................................59
10.08 Compensation for Extra or Omitted Work ...................................................................................59
10.09 Compensation to City for Extension of........................................................................................59
10.10 Claims .........................................................................................................................................59
10.11 Time Limit on Claims...................................................................................................................59
10.12 City Response to Claims.............................................................................................................60
10.13 ....................................................................................................60 SECTION 11 GUARANTY ...............................................................................................................................61
11.01 .................................................................................................................61
11.02 Correction of Defective Work During the Guaranty Period .........................................................61 * * *
8.e
February 12, 2024 Packet Pg. 284
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-1 Project No. C2319
GENERAL PROVISIONS
SECTION 1 TERMS AND DEFINITIONS
1.01 Terms Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, considered necessary, prescribed, approved, acceptable, satisfactory or words of like meaning, refer to actions, expressions, and prerogatives of the Engineer.
1.02 Definitions Except as amended or supplemented, whenever in the Contract Documents the following terms are used, the intent and meaning shall be interpreted as follows:
Agreement - The written contract documents between the City and the Contractor covering the performance of the work.
As Shown, As Indicated, As Detailed - Where these words or words of similar import, are used, it shall be understood that reference to the drawings accompanying these specifications is made unless stated otherwise. Where "As Directed", "As Permitted", "Approved", or words of similar import, are used, it shall be understood that the direction, requirements, permission, approval, or acceptance of the Engineer is intended unless stated otherwise. As used herein, "Provide" shall be understood to mean "Provide and "Install" shall mean the installation complete in place of an item of equipment furnished by the City.
ASTM - American Society for Testing and Materials specifications.
AWWA - American Water Works Association and its Standard Specifications.
Addenda - Written or graphic instruments issued prior to the opening of bids which clarify, correct or change the bidding documents or the Contract Documents.
Bid - The offer or proposal of the bidder submitted on the prescribed forms setting forth the prices for the work to be performed.
Bid Forms - Includes the Bid Schedule, Designation of Subcontractors, Bidders Statement of Non-Collusion Affidavit, Bid Security, and all other information requested by the Bid Proposal Documents.
Bidder Any individual, firm, partnership, corporation, or combination thereof submitting a bid for the work, acting directly or through a duly authorized representative. After the City awards the Contract, rights and obligations under the Contract Documents.
Bidding Documents - The Notice Inviting Sealed Proposals, Instruction to Bidders, Bid Proposal forms and Bidders Bond.
Bonds - Bid, performance, labor and material, and warranty bonds and other instruments of security.
Change Orders A written order by the Engineer to the contractor making changes in the plans or specifications which is signed by the Contractor and City authorizing an addition, deletion or revision in the work, with possible adjustment in the contract price or the contract time, issued on or after the effective date of the Agreement. If the change involves items for which there is no contract unit price, the order shall so state and stipulate that the changes shall be performed as extra work or work omitted.
City - The City of San Carlos acting through the City Council or any other board, body, official(s) to which or to whom the power belonging to the City Council has been properly delegated.
8.e
February 12, 2024 Packet Pg. 285
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-2 Project No. C2319
City Regulations - All written laws, rules, and policies established by the City, including those set forth in the General Plan, San Carlos Municipal Code, ordinances, resolutions, policies, procedures, and City design documents (including the Standard Specifications, design standards, and relevant Public Facility Master Plans).
Code The terms Government Code, Labor Code, etc., refer to codes of the State of California.
Contract
Contract Documents -
Contract Drawings or Plans - All drawings which may have been prepared by or in behalf of the City, as a basis for proposals, when duly signed and made a part of this contract by incorporation or reference, all drawings submitted in pursuance of the terms of this contract by the successful bidder with their proposal and by the contractor to the City and reviewed by the Engineer; and all drawings submitted by the Engineer to the contractor during the progress of the work as provided for herein.
Contract Price - The total amount of money for which contract is awarded and as amended.
Contract Time - The number of days or the date stated in the contract as the duration for completing work.
Contract Unit Price -
Contractor - An individual, partnership, corporation, developer, joint venture, subdivider or other legal entity entering into a contract or agreement with the City to perform the work covered by this contract, and their authorized agents or legal representatives. After the City awards the Contract, the term and obligations under the Contract Documents.
Day or Days - Unless herein otherwise expressly defined, shall mean a calendar day of twenty-four hours each.
Defective Work - Work that is unsatisfactory, faulty, omitted, incomplete, deficient, or does not conform to the requirements of the Contract Documents, directives of the Engineer, or requirements of any inspection, reference standard, test, or approval specified in the Contract Documents, or has been Directive Any document, signed by the City, with instruction to the Contractor pertaining to the completion of a project objective; including, but not limited to responses to requests for information, clarifications, letters of instruction, the notice of award and the notice to proceed.
Engineer - The Engineer duly and officially appointed by the City to represent the City and to observe the work of construction under this contract, acting personally or through agents or assistants duly authorized by the Engineer, such agents or assistants acting within the scope of the particular duties entrusted to them.
Extra Work - Performance or furnishing of work or material found necessary for the proper completion of the improvements, the payment of which is not covered by any item of the bid schedule and for which no means of payment, direct or indirect, has been provided in the contract.
Final Completion - The point at which work has been completed in accordance with the contract documents, plans and specifications to the satisfaction of the Engineer and there are no items of work
8.e
February 12, 2024 Packet Pg. 286
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-3 Project No. C2319
Force Account Work Force account work is a method of compensation utilized to pay for extra work typically needed to overcome unanticipated work, resulting from the project work scope, necessary to complete the project work scope that cannot be well defined prior to the start of extra work. General Provision, Section establishes the specific methods of compensation for labor, materials and equipment used to perform the force account work.
Greenbook - The Standard Specifications and Plans written and promulgated by Public Works Hold Harmless - Agreement by one party to bring no claim for negligence, breach of contract, Inspector - The engineering or technical inspector(s) duly authorized or appointed by the Engineer or City, limited to the particular duties entrusted to them.
Liquidated Damages - The amount of dollars assessed for each and every calendar day required Losses - Any and all losses, costs, liabilities, claims, damages, and expenses, including, without Manual of Uniform Traffic Control Devices (MUTCD) or California Manual of Uniform Traffic Control Devices (CAMUTCD) The latest edition of the California Manual of Uniform Traffic Control Devices.
Modification Modifications to the Agreement are executed by change orders, and may only be issued after the effective date of the contract.
Notice - Any notice allowed or required to be given by the City may be given by the Engineer.
Notice of Award The written notice by the City to the successful Bidder stating that upon completion of required conditions the City will execute the contract.
Notice to Proceed A written notice by the City to the Contractor authorizing the Contractor to proceed with the work and fixing the date on which the contract time will start.
Plans - The contract plans and/or supplemental drawings approved by the Engineer which show the location, character, dimensions and details of the work.
Project - The total construction of which the work performed under the Contract Documents may be the whole or a part and which may include construction by the City or by separate Contractors.
Proposal - The offer of a bidder when submitted on the proposal form, properly signed and guaranteed.
Reference Specifications - Those standards, rules, method of tests or analysis, codes, and specifications of other agencies, engineering societies, or industrial associations referred to in the Contract Documents. These refer to the current edition or amendments in effect at the time of advertising the project unless specifically referred to by edition, volume or date. Unless otherwise stated in the plans or specifications, the reference specification in effect shall be that edition which was in effect on the date of the Notice Inviting Bids.
Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data which are specifically prepared by or for the Contractor to illustrate some portion of the work and all illustrations, brochures, standard schedules, performance charts, instructions, diagrams, and other information prepared by a supplier and submitted by the Contractor to illustrate material or equipment for some portion of the work. See General Provisions, Section 4.19
8.e
February 12, 2024 Packet Pg. 287
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-4 Project No. C2319
Special Provisions - Any provisions which supplement or modify these standard specifications.
Specifications The information, directions, provisions and requirements pertaining to the work, and contained herein including Special Provisions, Technical Specification, General Provisions, those Specification that are specifically referenced in this
Contract and the non- ard
Specification dated 2010.
Standard Plans - The Standard Details of the City of San Carlos, current edition, including the Parks and Streetscape Standard Plans, current edition, identifying construction standards for the various items of work indicated and/or referred to on the plans, specifications or special provisions.
Standard Specifications - The Standard Specifications of the City of San Carlos.
Standard Specifications for Public Works Construction - The Standard Specifications for Public State - State of California.
State Standard Plans - The Standard Plans of the Department of Transportation of the State of California, 2010.
State Standard Specifications - The Standard Specifications of the Department of Transportation of the State of California Specification dated 2010.
Subcontractor - Any individual, firm or corporation having a direct contract with the Contractor or with any other Subcontractor for the performance of a part of the work at the site. Unless otherwise specifically provided, the term Subcontractor includes Subcontractor of any tier, suppliers, manufacturers and distributors. See Section 3.07 of the General Provisions.
Substantial Completion When the work (or a specified part thereof) has progressed to the point where it is sufficiently complete and in accordance with the Contract Documents. See General Provisions, Superintendent The executive representative of the contractor responsible for the site supervision of the work at all times during progress, authorized to receive and fulfill instructions from the Engineer and to accept orders for changed and extra work.
Surety - Any individual, firm or corporation, bound with and for the Contractor for the acceptable performance and completion of the work, and the satisfaction of all obligations incurred.
Surveyor - A land surveyor licensed in the State of California.
Unbalanced Bid - See Materially Unbalanced Bid and Mathematically Unbalanced Bid.
Work - The construction and services required by the Contract Documents as amended by contract modifications, whether completed or partially completed, including all labor, materials, equipment, tools, and services provided or to be
may constitute the whole or a part of the project
Working Day Any day except Saturday, Sunday, Holidays observed by the City, or days in which the Contractor is entitled to an excusable delay. Holidays observed by the City are: Thanksgiving, day after In addition, at the option of the Engineer, the contractor may be required to suspend year. No work shall be done during this suspension except such work as is necessary for the proper care and protection of work already performed, or except in case of an emergency, and in any case, only with
8.e
February 12, 2024 Packet Pg. 288
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-5 Project No. C2319
prior written permission of the Engineer. This suspension of work will be at no cost to the City. Working days will not be assessed during this suspension of work.
8.e
February 12, 2024 Packet Pg. 289
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-6 Project No. C2319
SECTION 2 PROPOSAL REQUIREMENTS AND CONDITIONS
2.01 General - Bidders may obtain complete sets of the Contract Documents, including the proposal forms to be used for bidding, at the location designated in the Notice to Bidders. Bidders shall use complete sets of Contract Documents in the preparation of bids. The City makes copies of the Contract Documents available, on the above terms, for the sole purpose of obtaining Bids for the work and does not confer a license or grant permission for any other use of the Contract Documents.
2.02 Proposal Forms The portio
the Bidders attention on the requirements for submitting a proposal, including the Notice to Bidders, and the Bid Proposal Forms.
Bids are required for the entire work described herein and shall be submitted on the blank forms prepared by the City and provided herein. The Bid Proposal submitted to the City shall consist of the Non-Collusion Affidav y,
and all other information requested by the Bid Proposal documents.
All proposals shall type or print legibly in ink the proposed prices both in writing and in figures and shall be signed, with address included, by the bidder or the bidder's authorized representative. Corrections must all be individually initialed by the Bidder. Bidder shall not modify or qualify the Bid Forms in any manner.
The Bid Forms shall be signed by a person or persons legally authorized to bind the Bidder to the Contract. The individuals signing each document shall warrant that they are authorized to bind the legal entity of the Bidder. Proposals made by individuals must show the individual's signature and post office address; if made by a firm or partnership and the signature of one or all of the partners must be shown.
Proposals submitted by corporations must show the name and post office address of the corporation, the name of the state, under whose laws the corporation is chartered, and the signature and title of the person signing on behalf of the corporation.
2.03 Qualifications of Bidders - Each bidder shall be licensed as specified in the Notice to Bidders and in accordance with the provisions of Chapter 9, Division 3, of the Business and Professions Code, State of California, and shall be skilled and regularly engaged in the general class or type of work called for under this contract.
It is the intention of the City to award a contract only to a bidder who is able to furnish satisfactory evidence that they have the requisite experience and ability and that the bidder has sufficient capital, facilities and plant to enable them to prosecute the work successfully and promptly, and to complete it within the time set forth in the contract.
In determining the degree of responsibility to be credited to a bidder, the City will weigh any evidence indicating the bidder, or personnel guaranteed to be employed in responsible charge of the work, has satisfactorily performed other contracts of like nature and magnitude.
2.04 Rejection of Proposals Containing Alterations, Erasures, or Irregularities - Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete bids, irregularities of any kind, or corrections and erasures without initials by the Bidder.
2.05 Submission of Bids - All Bid Forms, including all documents required to be submitted with the Bid, shall be enclosed in a sealed opaque envelope. The envelope shall be clearly marked on its face with an identification of the project name and number as identified in the Notice to Bidders. If the Bid is sent by mail, the sealed envelope shall be enclosed in a separate mailing envelope. Oral, telephonic, facsimile, telegraphic, or electronically transmitted Bids are invalid and will not be accepted.
8.e
February 12, 2024 Packet Pg. 290
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-7 Project No. C2319
that the Bid is received prior to the bid opening deadline at the place specified in the Notice to Bidders.
Whether or not bids are opened exactly at the time fixed in the public notice inviting bids, any bid received after that time shall be returned unopened.
2.06 Approximate Estimate - The quantities listed in the bid schedule are approximate only, supplied as a general indication of the scope of work and to be used as a basis for comparing bids. The City does not expressly or by implication agree that the actual amount of work will correspond therewith, and reserves the right to increase or decrease the amount of any class or portion of the work, or to delete any portions of the work in their entirety, from the quantities listed on the bid schedule, as may be deemed necessary or advisable by the Engineer.
2.07 Examination of Plans, Specifications, and Work Site - Bidder shall examine carefully the plans, specifications, proposal and contract forms, and the physical site of the work contemplated, regardless of if a site walk or pre-bid meeting has been scheduled by the City or not. It will be assumed that the bidder has investigated and is aware of the conditions to be encountered in carrying out the proposed work, and is fully satisfied as to the scope, character, quality, quantity and requirements of the proposed work, and the submission of a bid will be an acknowledgement of that assumption.
The bidder shall receive no additional compensation for obstacles or difficulties due to surface or subsurface conditions actually encountered. Where investigations of surface or subsurface conditions have been made by the City in respect to foundation or other structural design, and that information is shown in the plans, said information is included only for the convenience of bidders. The City assumes no responsibility whatsoever as to the sufficiency or accuracy of borings, or of the log of test borings or other investigations or tests, or of the interpretation thereof; there is no guaranty, warranty or representation, express or implied, that the conditions indicated thereby in fact exist or are representative of those existing throughout the work. Such information shall be used as a basis for bids at the bidder's own and sole risk; making such information available to bidders is not to be construed in any way as a waiver of the other provisions of this paragraph, and bidders must satisfy themselves through their own investigation as to the surface and subsurface conditions to be encountered at the site. By submitting a Proposal, the Bidder has certified that they have examined all items indicated in Section 2.07, "Examination of Plans, Specifications, and Site of the Work."
Each proposal shall be enclosed in a sealed envelope and endorsed as specified in the Notice Invited Sealed Proposals. Bidders are warned the proposals containing irregularities of any kind, including erasures, omissions, conditions, alterations, or additional proposals may be rejected.
2.08 Withdrawals of Proposals - Any proposal may be withdrawn at any time prior to the time fixed in the Notice Inviting Sealed Proposals for the opening of bids, provided that a request in writing, executed by the bidder or their duly authorized representative, for the withdrawal of such bid, is filed with the City. The withdrawal will not prejudice the right of a bidder to file a new proposal.
2.09 Proposal Guaranty - Each proposal shall be accompanied by either a certified check, cashier's check, or bidder's bond of a surety company acceptable to the City in an amount not less than ten percent (10%) of the bid amount, and shall be made payable to the City.
2.10 Disqualification of Bidders - More than one proposal from an individual, firm or partnership, a corporation, or an association under the same or different names will not be considered. Reasonable grounds for believing that any bidder is interested in more than one proposal for the work will be the cause of the rejection of all proposals in which such bidder is interested. If there is a reason to believe that collusion exists among the bidders, none of the participants in such collusion will be considered. Proposals in which the prices obviously are unbalanced may be rejected.
2.11 Bid Protest Procedures Any protest of the proposed contract award shall be submitted in writing to the City Clerk no later than 5:00 p.m. on the fifth (5th) business day following the date of the bid opening. If the fifth day falls on a weekend or holiday, the last day of the protest period shall be the first working day following the fifth day.
8.e
February 12, 2024 Packet Pg. 291
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-8 Project No. C2319
The protest must include the name, address, and telephone number of the person representing the protesting party. In addition,
(a) The party filing the protest must have submitted a bid for the Project. A Subcontractor of a party filing a bid for the project may not submit a bid protest. (b) The protest must contain a complete statement of the basis for the protest, and refer to the specific portion of the Contract Documents or the specific statute that forms the basis for the protest.
(c) The party filing the protest must concurrently transmit a copy of the protest to the proposed awardee.
further pursue a bid protest, including filing of a challenge of the award pursuant to the California Public Contract Code, filing of a claim pursuant to the California Government Code, or filing of any other legal proceedings.
The City shall review all timely protests prior to the award of contract. The City shall not be required to hold an administrative hearing to consider any protests, but may do so at its option. The City Council or the City Manager as designee if the authority to award the contract has already been granted by the City Council, may either reject the protest and award the project to the lowest responsible bidder or accept the protest and award the project to the next lowest responsible bidder. Nothing in this section shall be
2.12 List of Subcontractors - In accordance with the provisions of Section 4104 of the Public Contract Code, each proposal shall list the name, address and license number of each subcontractor to whom the bidder proposes to sublet portions of the work. A subcontractor is defined as one who contracts with the contractor to furnish materials and labor, or labor only, for performance of work. Subcontractors shall be listed on the form provided in the Bid Proposal.
2.13 Required Contractor and Subcontractor Registration - In accordance with Labor Code Section 1725.5 and 1771.1, the contractor and all subcontractors shall be registered with the California Department of Industrial Relations (DIR) prior to the bid opening. All 2nd and lower tier subcontractors working on the project shall be registered with the Department of Industrial Relations prior to the work being performed. An inadvertent error in listing a subcontractor who is not registered may not be grounds for considering the bid non-responsive providing that any of the provisions in Labor Code Section 1771.1(c) are satisfied.
8.e
February 12, 2024 Packet Pg. 292
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-9 Project No. C2319
SECTION 3: REVIEW OF BIDS, CONTRACT AWARD AND EXECUTION
3.01 Public Bid Opening and Initial Review - Bids which have been submitted in accordance with the requirements of the Bidding Documents, and which are received on or before the bid deadline will be opened publicly, and the dollar amounts of each bid shall be read aloud.
The City shall have the right to reject all bids. The City shall have the right to reject any bid not accompanied by the required bid security or any other item required by the Bidding Documents, or a bid which is in any other way incomplete or irregular. The City shall have the right to waive irregularities in a bid, and to award the Contract to the Lowest Responsible Bidder (as determined by the City), only if the irregularities are non-material and inconsequential.
3.02 Determination of Lowest Responsible Bidder - Criteria for determining low bid in all contracts with the City involving an expenditure of $5,000.00 or more as set forth in the Bid Schedule, in accordance with the calculation criteria set forth on the bid.
Responsible Bidder shall mean the Lowest Monetary Bidder whose bid is responsive, and who is responsible to perform the work, as required by the Contract Documents. rally means that the bid has been
prepared and submitted in accordance with the Bidding Requirements. by California law, but generally means that the Bidder is able to demonstrate that it possesses: (1) the capacity to perform the work required by the Contract Documents with respect to financial strength, resources available, and experience; and (2) the integrity and trustworthiness to complete performance of the work in accordance with the Contract Documents.
The City will make its determination of responsibility based upon information submitted by Bidders contained in the Bidders Qualifications and Bidders References included in the Bid Forms and, if necessary, through interviews with previous cities, clients, design professionals, or subcontractors with whom the Bidder has worked. In determining whether or not a Bidder is responsible, the City may consider the following factors in relation to the work to be performed for this Project:
(a) Demonstrated financial strength including, but not limited to, resources available, bonding capacity, and available insurance.
(b) Demonstrated safety record including, but not limited to, Experience Modification Rate. (c) Successful completion of projects of similar scope and size. In reviewing this factor, the City may consider elements including, but not limited to, contract amount of completed projects, experience on public works projects, experience implementing prevailing wage certified payroll requirements, timeliness of performance and, if necessary, evaluation of (d) Sufficiency of contract administration and construction management systems including, but not limited to, proposed scheduling tools, proposed subcontract forms, proposed progress payment applications, and proposed certification of payroll documents. (e) History of claims, litigation, termination or disqualification from projects.
If the Engineer finds that the Lowest Monetary Bidder submitted a responsive Bid and that the Engineer shall report the findings to the City Council.
8.e
February 12, 2024 Packet Pg. 293
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-10 Project No. C2319
Monetary Bidder is not responsible, then the Engineer may review the responsiveness and responsibility of the next Lowest Monetary Bidder. If the Engineer finds that the next Lowest Monetary Bidder is process may continue until the Engineer finds the Lowest Monetary Bidder which is also responsive and responsible.
In the event that one or more Low Monetary Bidders are found by the Engineer to be nonresponsive or non-responsible, those Bidders will be given notice and a reasonable opportunity to present additional relevant evidence to the Engineer for consideration, within five (5) working days after the Bidder receives the notice.
All findings by the Engineer shall be reported as recommendations to the City Council. The City Council reserves the right to reject any or all Bids, and to waive any irregularity. No Bid shall be binding upon the City until after the Agreement is signed by both the Contractor and the City. If the City Council determines that it is
final.
The City may investigate the responsibility and qualifications of all Bidders to whom the award is contemplated for a period not to exceed ninety (90) calendar days after the Bid opening, during which time no bid shall be withdrawn by the Bidders. The ninety (90) day review period may be extended upon the written request by the Engineer and written approval by the affected Bidder.
3.03 Notice of Award Should the City decide to proceed with the award of contract the City shall issue a Notice of Award to the lowest responsible bidder.
3.04 Contract Execution - Within fifteen (15) calendar days after receipt of the Notice of Award, the bidder shall submit to the City two (2) originals of the signed agreement, the required contract bonds and certificates of insurance. If the bidder fails or refuses to enter into a contract to do the work, then the proposal guaranty accompanying the bid shall be forfeited to the City. After the Bidder has properly submitted these documents, the City will execute the Agreement and issue a Notice to Proceed.
3.05 Status of Contractor - The right of general supervision by the City shall not make the contractor an agent of the City, and the liability of the contractor for all damages to persons or to public or private property arising from the contractor's execution of the work shall not be lessened because of such general supervision.
3.06 Assignment - No agreement or portion thereof may be assigned without consent of the Council, except that the Contractor may assign money due which will accrue to them under the Agreement.
If given written notice, such assignment will be recognized by the City to the extent permitted by law, but any assignment of money shall be subject to all proper setoffs and withholdings in favor of the City and to all deductions provided for in the Agreement. All money withheld, whether assigned or not, shall be subject to being used by the City for completion of the work, should the Contractor be in default.
Any attempt to assign or delegate the Agreement without the written consent of the City shall be void and of no force and effect. Consent by the City to one assignment shall not be deemed to be consent to any subsequent assignment.
3.07 Recognition of Subcontractors - No subcontractors will be recognized as such, and all persons engaged in the work of construction will be considered as employees of the contractor and their work shall be subject to the provisions of the contract, including specifically these general stipulations, the specifications and the contract drawings.
8.e
February 12, 2024 Packet Pg. 294
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-11 Project No. C2319
3.08 Return of Bid Security - Within ten (10) working days after the execution of the Agreement, the City will return the proposal guarantees accompanying the proposals that are not to be considered in making the award. All other proposal guarantees will be held until the Agreement has been fully executed, after which, they will be returned to the respective bidders whose proposals they accompanied.
3.09 Forfeiture of Proposal Guaranty - If Bidder does not properly execute the contract and submit the acceptable bonds, insurance and certifications within the specified time; this shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty to the City. The City may then award the contract to next Lowest Responsible Bidder. The forfeited proposal guaranty may be utilized by the City in accordance with Public Contract Code, Sections 20170 through 20174.
3.10 Contract Bonds - Before execution of the contract by the City, the Contractor shall file with the City surety bonds satisfactory to the City in the amounts, and for the purposes noted below. Said bond shall be on the form furnished by the City herein.
(a) Performance Bond - The contractor shall furnish and bear the cost of a bond of a surety company acceptable to the City, which bond is conditioned upon the faithful performance of all covenants and stipulations under this contract within the time prescribed, in a manner satisfactory to the City, and that all materials and workmanship will be free from original or developed defects. The amount of the bond shall be one hundred percent (100%) of the total contract price; as such sum is set forth in the agreement.
Said bond shall be on the form furnished by the City herein.
As a condition precedent to satisfactory completion of this contract, an amount equal to ten percent (10%) of the estimated contract cost shall hold good for the period specified in said bond after completion and acceptance of the work by the City. (b) Labor and Material Bond The contractor shall furnish and bear the cost of a bond of a surety company acceptable to the City in the sum not less than one hundred percent (100%) of the total contract price, as such sum is set forth in the agreement, for the payment in full of all persons, companies, or corporations who perform labor upon or furnish materials to be used in the work under this contract, in accordance with the provisions of Section 4200 to 4208, inclusive (Chapter 3, Division 5), of the Government Code of the State of California, and any acts amendatory thereof. The bond shall be maintained by the Contractor in full force and effect until the work is accepted by the City and until all claims for materials and labor are paid.
Said bond shall be on the form furnished by the City herein. (c) Warranty Bond - The Contractor shall furnish a warranty bond in the amount of ten percent (10%) of the final contract price (total cost including change orders) to guaranty his work for two (2) years after acceptance of the work by the City Council.
Bonds shall be duly executed by a responsible corporate Surety, licensed and authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California. Each bond shall be signed by both the Contractor and Surety and the signature of the authorized agent of the Surety shall be notarized.
The Contractor shall pay all bond premiums, costs and incidentals. Should any bond become insufficient due to an increase in the contract amount, the Contractor shall obtain supplemental bonding within ten (10) days.
Should any Surety at any time be unsatisfactory to the City, notice will be given the Contractor to that effect. No further payments shall be deemed due or will be made under the Agreement until a new Surety shall qualify and be accepted by the City.
8.e
February 12, 2024 Packet Pg. 295
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-12 Project No. C2319
Changes in the work, or extensions of time, made pursuant to the Agreement, shall in no way release the Contractor or Surety from their obligations. The requirement for notifying the Surety of such changes or extensions shall be waived by the Surety.
3.11 Notification of Surety Companies - The surety companies shall familiarize themselves with all conditions and provisions of this contract and they waive the right of special notification of any change or modification of this contract or of extension of time, or of decreased or increased work, or of the cancellation of the contract, or of any other act(s) by the City or City's authorized agents, under the terms of this contract, and failure to so notify the aforesaid surety companies of changes shall in no wise relieve the surety companies of their obligation under this contract.
3.12 Power of Attorney - Attorneys-in-fact who sign bid bonds or contract bonds must file a certified and effectively dated copy of their Power of Attorney with each bond.
3.13 Insurance Requirements - Contractor shall provide at their own cost and expense from contract award date to acceptance of the work covered by the contract:
(a) Workmen's Compensation and Employer's Liability Insurance of not less than the amount shown in the Special Provisions for all of their employees to be engaged in the work under this contract. Should any such work be sublet, the contractor shall require each of their subcontractors at any tier similarly to provide Workmen's Compensation and Employer's Liability Insurance, all in strict compliance with Federal and State laws. (b) Personal Injury, Bodily Injury and Property Damage Liability Insurance (including automobiles, products and/or completed operations coverage) and Aircraft and Watercraft Bodily Injury Liability and Property Damage Liability Insurance if contractor uses owned or non-owned water aircraft in their operation, with Personal Injury and Bodily Injury (including death resulting therefrom) of not less than a combined Personal Injury and Property Damage Liability limit of not less than the amount shown in the Special Provisions. Should any work covered by the contract be sublet contractor shall require each of their subcontractors of any tier similarly to provide the aforesaid coverages. (c) All Risk (excluding Earthquake and Flood) Builder's Risk Insurance in an amount not less than the value of any work under this contract, except for buried pipelines and appurtenances which need not be included in the insurance value. Under the policies of insurance described above, each policy shall contain the provision for thirty (30) days written notice submitted by registered mail from the insurance carrier(s) to the City prior to cancellation or reduction in coverage.
3.14 Special Requirements - Under the policy of insurance described in Section 13.13-b, the policy shall contain the following provisions:
(a) The City and the City's officers, representatives, agents and employees shall be named as additional insureds.
(b) Endorsement providing that such insurance is primary insurance and no insurance of the additional insureds shall be called on to contribute to a loss. (c) Endorsement providing that such insurance shall not contain any exclusion regarding loss or damage to property caused by explosion or resulting from collapse of buildings or structures or damage to property underground, commonly referred to as "XCU" hazards. (d) Standard cross-liability clause covering personal injury, bodily injury (including death resulting therefrom), and property damage.
8.e
February 12, 2024 Packet Pg. 296
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-13 Project No. C2319
3.15 Builders Risk Insurance - Under the policy of insurance, the policy shall contain the following provisions:
(a) The City shall be included as insured.
(b) Losses shall be payable to the contractor and City as their interest may appear. (c) Deductible amounts of all losses covered by insurance shall be borne by the contractor.
3.16 Certificates - Prior to beginning work, contractor shall furnish certificates satisfactory to the City as to contents and carriers of such insurance.
3.17 Legal Address of Contractor - Contractor's address as shown in the proposal, as well as such office or headquarters the contractor establishes at the site of work, hereby are designated as addresses to which drawings, samples, notices, letters, articles, or other communications to the contractor may be mailed or delivered. The delivery at either of these places of any item or communication from the City or agents thereof to the contractor shall be deemed sufficient service of such delivery. Contractor's address as shown in the proposal may be changed at any time by notice in writing from the contractor to the City. Nothing herein contained shall be deemed to preclude or render inoperative the service of any drawing, sample, notice, letter, or other article of communication to or upon the contractor personally.
3.18 Office of Contractor at Site - During the performance of the contract, Contractor shall maintain a suitable office at the site of work which shall be the headquarters of a representative authorized to receive drawings, instructions or other communications or articles from the City or City's agents; any such thing given to said representative or delivered at the contractor's office at the site of work when absent shall be deemed to have been given to the contractor. Contractor shall maintain a complete set of plans and specifications at the site office whenever work is in progress.
8.e
February 12, 2024 Packet Pg. 297
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-14 Project No. C2319
SECTION 4 - SCOPE AND CONTROL OF WORK
4.01 Work to be Done The work to be done consists of furnishing all labor, materials, tools, equipment and services necessary to complete the project, as further described in the Notice to Bidders of these Specifications, and as necessary to leave the site in a neat and finished condition with all equipment properly installed and working to the satisfaction of the Engineer.
While the City has endeavored to accurately represent in the plans and specifications the physical conditions which may affect the cost of the proposed work, the City does not warrant the completeness or conditions affecting the cost of the work, which would have been disclosed by reasonable examination of the site.
Conclusions pertaining to any test, investigation, statement or estimate of fact incorporated in the plans and specifications shall be considered by the Contractor to be a recommendation only. The Contractor may request equal access to the underlying or background information to arrive at an independent opinion thereon, including the determination of how reliable might be any conclusion appearing r similar final or
accepted drawings or maps constructed on public or private property. Such information may be used for reference only. Actual locations and depths shall be determined by field investigations by the Contractor.
No oral or telephonic agreement or conversation with any officer, agent, or employee of the City or the Engineer, either before or after execution of the contract, shall affect or modify any of the terms or obligations contained in any of the contract documents.
4.02 Plans and Specifications - It is the intent of the Plans and Specifications to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents.
For convenience, the Specifications are arranged in several sections, but such separation shall not be considered as the limits of the work required by any separate trade. The terms and conditions of such limitations are wholly between the Contractor and the project subcontractors. In general, the Special Provisions, General Provisions, and other sections of the specifications indicate the responsibilities of the Contractor and the quality of material and methods of workmanship. The plans indicate dimensions, quantities, positions, and various other details of construction.
Any work, materials or equipment that may be reasonably inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for.
When words, which have a well-known technical or trade meaning, are used to describe the work, materials or equipment, such words shall be interpreted in accordance with that meaning. See General Provisions, Subheadings and titles printed on the drawings in these General Provisions, in the specifications, and elsewhere in the contract documents, are inserted for the convenience of reference only, and shall not be taken or considered as having any bearing on the interpretation thereof.
4.03 References to Standards and Codes - Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the Laws or Regulations of any governmental authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code or Laws or Regulations in effect at the time of the opening of bids (or, on the Effective Date of the Agreement if there were no bids), except as may be otherwise specifically stated.
However, no provisions of any referenced standard specifications, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall be effective to change the duties and responsibilities of City, Contractor or Engineer, or any of their consultants, agents or employees, from those set forth in the Contract Documents, nor shall it be effective to assign to the Engineer, or any of the performance of the work or any duty or authority to undertake responsibility for the Contractor.
8.e
February 12, 2024 Packet Pg. 298
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-15 Project No. C2319
4.04 Authority of the Engineer The City has the final authority in all matters affecting the work.
Within the scope of the Agreement, the Engineer has the authority to enforce compliance with the Plans and Specifications and the Contractor shall promptly comply with instructions from the Engineer. The decision of the Engineer is final and binding on all questions relating to: quantities; acceptability of materials furnished and work performed; equipment; work execution, rate of progress or sequence of work; and interpretation of the Plans, Specifications, or other drawings. This shall be precedent to any payment under the Agreement, unless otherwise ordered by the City.
4.05 Contract Documents and Precedence - The Contract Documents consist of the documents listed below, in order of precedence. If there is a conflict between component parts of the Contract Documents, the document highest in precedence controls. (a) Change Orders.
(b) Project Directives.
(c) Permits issued by other agencies.
(d) Permits issued by the City.
(e) Agreement and required agreement forms Bid Bond, Faithful Performance and Labor and Materials Bonds, Warranty
Certification.
(f) Project Specifications, in the following order - Addenda, Bid Proposal including all Bid Proposal Forms, Notice Inviting Sealed Proposals, Special Provisions, Technical Provisions, Exhibits to the Proposal, and General Provisions. (g) Project Plans and Drawings.
(h) City Standard Specifications.
(i) City Standard Plans.
(j) Reference Specifications, in the following order State of California Department of Transportation (Caltrans) State Standard Specifications (current edition), Standard (k) Reference Plans, in the following order State of California Department of Transportation (Caltrans) State Standard Plans (2010 edition), Standard Plans for Public Works Construction (2010 edition).
All of the individual components of the Contract Documents are intended to be complementary and what is required by one shall be binding as if required by all. Interpretation of a disputed meaning or intent of the plans and specifications shall be made initially by the Engineer in accordance with the application of the order of precedence. Any final decision required regarding precedence and the clarification of discrepancies in the Contract Documents shall be made by the Engineer.
4.06 Interpretation of Specifications and Drawings - The specifications and the contract drawings are intended to be explanatory of each other. Any work indicated in the contract drawings and not in the specifications, or vice versa, is to be executed as if indicated in both. Should it appear that the work to be done, or any of the matters relative thereto are not sufficiently detailed or explained in these contract documents, including the contract drawings, the contractor shall apply in writing to the Engineer for such further explanations as may be necessary and shall conform thereto as part of this contract so far as may be consist with the terms of the contract. Should any doubt or question arise respecting the true meaning of the specification, the Engineer shall make the final decision.
4.07 Figured Dimensions - Figured dimensions on the contract drawings shall in all cases be given precedence over scaled dimensions. If figured dimensions do not correspond to scaled dimensions, contractor shall request Engineer to verify the accuracy of the figured dimensions. It shall be the responsibility of the contractor to ascertain the correct scale of all contract drawings that are in possession, including those which may have been reduced for reproduction.
8.e
February 12, 2024 Packet Pg. 299
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-16 Project No. C2319
4.08 Errors or Discrepancies - If the contractor, in the course of the work, discovers any discrepancies between the drawings and the conditions of the ground, or any errors or omissions in the drawings or in the layout given by stakes, points or instructions, shall have the duty to inform the Engineer immediately in writing, and the Engineer shall promptly verify the same. Any work done after such
4.09 Drawings to be Furnished by Contractor - As soon as practical after the execution of this contract, the contractor shall supply drawings of devices to be furnished hereunder as are called for herein or as are required by the Engineer to make clear the details of construction and to demonstrate fully that all materials and equipment comply with the intent and provisions of this contract. Unless otherwise herein specified, such drawings shall be submitted to the Engineer for review. Should the Engineer take exception with any drawings furnished by the contractor, the contractor shall make the revisions required, and resubmit them to the Engineer for review. After a satisfactory review by the Engineer, these drawings shall become a part of this contract and the work shall be done in conformity therewith. No such work shall be begun or devices purchased until the review of the drawings detailing such items have been completed.
The review of the drawings shall not relieve the contractor of responsibility, or waive or modify any of the provisions or requirements of this contract.
The Engineer's review of drawings submitted by the contractor will be for, and will cover, only generally conformity to the plans and specifications and will not constitute a blanket approval of all dimensions, quantities and details of the material or equipment shown by (nor shall review relieve the contractor of responsibility for errors contained in) such drawings.
All shop drawings submitted by the various subcontractors which require review of the City's representative shall first be sent to the contractor who shall keep a record of the drawing numbers and the date of their receipt. Contractor shall submit the drawings to City's representative for review in time to prevent delays in delivery of materials.
Contractor shall thoroughly check all such shop drawings for measurements, size of member, materials and details to make sure they conform to the intent of the plans and specifications. Drawings found to be inaccurate or otherwise in error shall be returned by the contractor to the subcontractor for correction before they are submitted by the contractor to the City's representative for review.
4.10 Additional Drawings by City - Contract drawings are intended to be comprehensive and to indicate in detail the scope of the work. However, the Engineer may furnish the contractor additional drawings during the progress of the work in order to clarify and define in greater detail the intent of the contract drawings or specifications. Contractor may request such detailed drawings by submitting a request in writing to the Engineer at least two (2) weeks in advance of the time they are required.
4.11 Lines and Grades - All work under this contract shall be constructed to the lines, grades and elevations shown on the contract drawings. Contractor shall establish the lines, grades and elevations unless it is otherwise specified in the Special Provisions.
4.12 Record Documents The Contractor shall keep at the worksite a record copy of all Drawings, Specifications, Addenda, Written Amendments, Change Orders, Work Directives, Field Orders and written interpretations and clarifications. These record documents together with all approved submittals, samples and shop drawings will be available to the Engineer as a reference at all times. Upon completion of the work, these record documents will be delivered to Engineer.
4.13 Record Drawings The Contractor shall prepare and u - ink-lined plans, to be reviewed and approved by the Engineer at the end of every month. Drawings shall contain information showing where actual installation differs from that shown on the original drawings, where under ), field changes
shall submit to the City the completed as-built record Drawings on one (1) set of full size prints prepared on 22" x 34" paper.
8.e
February 12, 2024 Packet Pg. 300
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-17 Project No. C2319
Record Drawings are full size drawings (Plans) which marked up during construction to delineate the actual in-place constructed conditions. Record Drawings shall be provided by the Contractor for this Project. Requirements for Record Drawings as specified elsewhere shall supplement the requirements specified herein.
4.14 Reuse of Documents - Neither the Contractor nor any Subcontractor or supplier or other person or organization performing or furnishing any of the work under a direct or indirect agreement with the City shall have any title or rights to any of the Drawings, Specifications or other documents (or copies thereof) which bear the seal of the design engineer. Such documents shall not be reused on extensions of the project or for any other project without written consent of the City and the design engineer.
4.15 Subsurface Data If completed, all soil and soil test data, water table elevations, and soil analyses included or referred to in the Contract Documents apply only at the location of the test holes and to the depths indicated. If completed, soil test reports for test holes which have been drilled are available for inspection at the office of the Engineer. Any additional subsurface exploration shall be done by Bidders or the Contractor at their own expense.
The elevation of the water table indicated by soil test reports is that which existed on the date the tes
water shown in soil boring logs and ground water actually encountered during construction will not be considered as a basis for extra work.
4.16 Right-of-Way Acquisition of right-of-way or permanent easements necessary for the improvements as shown on the plans will be provided by the City. Unless otherwise provided, the Contractor shall make any required arrangements, pay for, and assume all responsibility for acquiring, using, and disposing of additional work areas, easements, and temporary facilities required. Contractor shall identify and hold the City harmless from all claims for damages resulting from such actions.
4.17 Removal of Defective and Unauthorized Work - Should the Contractor deliberately proceed with any portion or phase of construction which is obviously incorrectly indicated in the contract plans or documents, he shall be responsible for any corrective measures required to make adequate repairs or adjustment. This shall include any work done beyond the lines and grades shown on the plans or established by the Engineer, or any extra work done without written authority.
All work that has been rejected shall be remedied or removed and replaced by the Contractor in an acceptable manner and no compensation will be allowed for such removal or replacement. If the Contractor fails to remedy rejected work 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 liabl
4.18 Acceptance of Defective Work - The City shall have the option, at its sole discretion and by written notice to the Contractor, to accept defective work instead of requiring its removal or correction, in which case the contract sum shall be reduced by an amount equal to the difference between the value to the City such work would have were it complete, correct, and in conformity with the Contract Documents and the value to the City of such defective work. Such option shall be exercised solely by written notice to the Contractor and shall not be implied from any act or omission by the City or the Engineer. If the remaining payments and retention are insufficient to cover the amount of the reduction of the contract sum, the Contractor shall promptly pay to the City the amount of any such deficiency.
4.19 Submittals - Within ten (10) working days following the Notice to Proceed, the Contractor shall provide a detailed list for review and approval of all individual submittals required to be submitted under the contract. The list shall reference the specification section and paragraph that requires the submittal along with the date the Contractor plans to transmit the submittal to the City for review.
8.e
February 12, 2024 Packet Pg. 301
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-18 Project No. C2319
Unless otherwise requested by the Engineer, submittals shall be provided electronically in .pdf format at least twenty-eight (28) calendar days prior to the approval being necessary for the work.
Submittals shall be transmitted with a Submittal Cover Letter form as approved by the Engineer. Large submittals consisting of reports, oversized or colored pages, full sized shop drawings, manuals contained in binders, or submittals in other forms not easily reproduced shall be provided in hard copy format with six (6) copies.
For items requiring shop drawings, no materials shall be furnished, and no work shall be performed, until the drawings have been favorably reviewed. Shop drawings shall be of a size and scale to clearly show all necessary details.
After review by the City of each of the Contractor's submittals, the material will be returned to the Contractor marked with actions defined as follows:
(a) NO EXCEPTIONS TAKEN - Accepted subject to its compatibility with future submissions and additional partial submissions for portions of the work not covered in this submission.
Does not constitute acceptance of deletion of specified or required items not shown in a partial submission.
(b) MAKE CORRECTIONS NOTED - The same as item (a), except that minor corrections as noted by the City shall be made by the Contractor. No resubmission is required. (c) REVISE AND RESUBMIT - Rejected because of major inconsistencies or errors which shall be resolved or corrected by the Contractor prior to subsequent review by the City. (d) REJECTED - Submitted material does not conform to plans and Specifications in major respects. This material is not expected to be resubmitted. (e) SUBMIT SPECIFIED ITEM - Submittals not reviewed by the City but received for record purposes.
Favorable review of the shop drawings by the Engineer is interpreted to mean that there is substantial and acceptable conformance with the contract plans, but details of design may not necessarily be checked for adequacy or accuracy. Such acceptance shall not relieve the Contractor from the responsibility for errors or omissions in the shop drawings or from deviations from the contract documents unless such errors, omissions, or deviations were specifically called to the attention of the Engineer in writing. The Contractor shall be responsible for the correctness of the shop drawings, for shop fits and field corrections, and for the results obtained by the use of such plans.
4.20 Substitutions Proposed requests by the Contractor for changes in products, materials, equipment, and methods of construction required under the Contract Documents after the award of contract General Provision . Each request for substitution shall be prepared and presented to the City in accordance with the procedures for submittals, except that the following additional information shall be provided. (a) An explanation of the advantages to the City for accepting the substitution. (b) A comparison of significant qualities of the proposed substitution with those specified. (c) A list of changes or modifications needed to other parts of the work and to construction performed by the City and separate Contractors, that will be necessary to accommodate the proposed substitution.
(d) A statement indicating the substitution's effect on the Construction Schedule compared to the Baseline Construction Schedule without acceptance of the substitution. Indicate the effect of the proposed substitution on overall contract time. (e) Cost information, including a proposal of the net change, if any, in the Contract Sum.
8.e
February 12, 2024 Packet Pg. 302
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-19 Project No. C2319
(f) Certification that the substitution is equal to or better in every respect to that required by Contract Documents, and that it will perform adequately in application indicated. Include Contractor's waiver of rights to additional payment or time extensions, that may be necessary because of the substitution's failure to perform adequately.
No extension of time will be allowed through failure of the Contractor to either transmit requests for substitution sufficiently in advance of the work, or on account of processing time outside the time limits noted.
4.21 Construction Staking Lines and Grades - Unless otherwise stated in the Special Provisions, the Contractor shall provide, preserve, and replace if necessary, all of the necessary construction stakes required for the construction of the project. Grades for underground conduits will be set on the ground surface and shall then be transferred to the bottom of the trench by the Contractor.
Stakes or marks will be set by a California Licensed Surveyor or a California Registered Civil Engineer to establish the lines and grades required for the completion of the work as specified in the Contract Documents. It shall be the Contractor's responsibility to notify the Engineer of any discrepancies found between field grades and notes shown within the Contract Documents.
Contractor shall furnish horizontal control and cut sheets to the Engineer immediately upon the setting of construction or boundary markers. Upon completion, all work shall conform to the lines, elevations, and grades shown on the plans.
4.22 Inspection of the Work - All work is subject to inspection and approval of the Engineer.
Unless otherwise stated in the specifications, the City shall perform all required inspections. The Contractor shall notify the Engineer before noon of the working day before inspection is required. Unless otherwise authorized, work shall be done only in the presence of the Engineer. Any work done without proper inspection will be subject to rejection. The Engineer shall at all times have access to the work during its construction at shops and yards as well as the project site. The Contractor shall provide every reasonable facility for ascertaining that the materials and workmanship are in accordance with the Contract Documents.
Inspection of the work shall not relieve the Contractor of the obligation to fulfill all conditions of the contract. requirements of the Contract Documents, it must, if required in writing by the Engineer, be uncovered for or the contract sum.
If a portion of the work has been covered, which is not required by the Contract Documents to be observed or inspected prior to being covered and which the Engineer has not specifically requested to observe prior to being covered, the Engineer may request to see such work and it shall be uncovered and replaced by Contractor. If such work is in accordance with the Contract Documents, the costs of uncovering and replacing the work shall be added to the contract sum by change order; and if the uncovering and replacing of the work extends the contract time, an appropriate adjustment of the contract time shall be made by change order. If such work is not in accordance with the Contract Documents, the Contractor shall pay such costs and shall not be entitled to an adjustment of the contract time or the contract sum.
Regular working hours for City Construction Inspectors are between 7:30 a.m. and 4:00 p.m., Monday through Friday, excluding City holidays. If the Contractor works outside these times, the Contractor may be charged for additional inspection. Inspection by the Engineer or by a City inspector, or any order measurement, approved modifications, certificate or payment of money, or acceptance of any part of whole of the work, or any extension of time, or any possession by the City or its agents, shall not operate as a waiver for any provision of this contract or of any power reserved therein to the City, or any right to damage thereunder; no breach of this contract shall be held to a waiver of any or subsequent breach. All remedies shall be taken and construed as cumulative.
8.e
February 12, 2024 Packet Pg. 303
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-20 Project No. C2319
4.23 Testing - Unless otherwise stated in the Contract Documents, all required testing will either be performed directly by an independent laboratory coordinated and paid for by the Contractor. The Contractor shall submit the resulting certified test results and Certificates of Compliance for all materials requiring such as specified in the Technical Provision. Contractor shall cooperate with the City in coordinating the necessary testing. The coordination of testing, including the number and location of tests, shall be under properly shored by the Contractor to protect testing personnel.
The cost for performing re-tests due to failures, or additional call-outs if work is not ready to test, will be charged to the Contractor. The City shall require retesting until all required tests are successfully passed.
8.e
February 12, 2024 Packet Pg. 304
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-21 Project No. C2319
SECTION 5 CHANGES IN WORK
5.01 Limited City Authority to Approve Change Orders - The Contractor recognizes that the City is a public agency and that it can only act through its duly authorized agents. In this regard, the Contractor agrees that only written change orders, executed by the governing body of the City, shall be valid. The Engineer shall have no authority to issue a change order unless so specifically authorized, and no person shall have authority to issue any oral change order.
5.02 Contractor Liability for Unapproved Change Orders - Unless a valid change order is issued, all changes in the
entitled to any additional compensation. Furthermore, the Contractor may be required to make the work conform to the plans and specifications. No act or series of acts by the City during the course of the contract
5.03 Non-Material Change Requests by the Contractor - Changes in the plans and specifications requested in writing by the Contractor, which do not materially affect the work and which are not detrimental to the work or to the interests of the City, may be granted to facilitate the work, when approved in writing by the Engineer. If such changes are granted, they shall be made at a reduction in cost or at no additional cost to the City. Nothing herein shall be construed as granting a right to the Contractor to demand acceptance of such changes or to increase the contract sum or contract time as a result of the proposed change.
5.04 Effect of Extension of Time - The granting of any extension of time due to delays which, in the judgment of the City, are unavoidable delays shall in no way operate as a waiver on the part of the City of its rights under this contract.
5.05 Letters of Instruction - The Engineer may issue letters of instruction in the form of Field Orders, Clarifications, responses to Requests for Information, or any other document which makes interpretations or clarifications to the Contract Documents that do not modify the scope of work or involve an adjustment in the contract sum or contract time. Letters of Instruction shall be binding upon the Contractor, and the Contractor shall promptly carry out the requirements of such Letters of Instruction.
5.06 Requests for Information, Inconsistencies and Changed Conditions - Before undertaking each part of the work, the Contractor shall carefully study all pertinent figures shown in the Contract Documents and verify that all applicable field measurements are free of conflicts, errors, discrepancies, inconsistencies and omissions. If such conditions are discovered, the Contractor shall notify the Engineer by writing a Request for Information, and await direction from the Engineer before proceeding.
If the Contractor encounters a changed condition, as defined by one or more of the conditions below, the Contractor shall notify the Engineer by writing a Request for Information before disturbing the condition further.
(a) Material differing from that represented in the Contract which the Contractor believes may be hazardous waste, as defined by Health and Safety Code, Section 25117 that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provision of existing law; and
(b) Subsurface or latent physical conditions at the site differing materially from those represented in the Contract Documents; and
(c) Unknown physical conditions at the site of any unusual nature, which differ materially from those ordinarily encountered and generally recognized as inherent in the work and of the character provided for in the Contract Documents.
8.e
February 12, 2024 Packet Pg. 305
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-22 Project No. C2319
a timely written notice of any inconsistency or changed condition requiring direction. The Engineer will respond t three working days, providing an interpretation, clarification or change order for an appropriate adjustment in contract time and cost pursuant to General to a Request for Information before proceeding with any work.
The Contractor shall not be liable to the City for failure to report any conflict, error, or discrepancy in the Contract Documents, unless the Contractor had actual knowledge or could foresee such conditions as may be discovered by a reasonable examination of the work site or materials. If the Contractor performs any construction activity in which he knows or should know involves an error, inconsistency, ambiguity, or omission referred to in this Section, without notifying and obtaining the written consent of the Engineer, Contractor shall be responsible for the resultant costs, including, without limitation, the costs of correcting defective work. However, in an emergency affecting the safety of persons or property, the Contractor shall take all reasonably necessary precautions to prevent or minimize damage, injury, or loss.
5.07 Extra and Omitted Work - Whenever corrections, alterations or modifications of the work under this contract are ordered and approved by the Engineer and increase the amount of work to be done, such added work shall be known as Extra Work. When such corrections, alterations or modifications decrease the amount of work to be done, such deleted work shall be known as Omitted Work. The General and Special Provisions shall apply with equal force to all extra and omitted work.
When the Contractor considers that any changes ordered involve extra or omitted work, Contractor shall immediately notify the Engineer in writing and subsequently keep them informed as to when and where the alleged extra work is to be performed.
When extra work reports are agreed upon and signed by both parties, they shall become the basis of payment. When extra work is still under negotiation or has not been agreed upon, the Contractor shall keep daily detailed and accurate records itemizing each element of cost and shall provide certified payroll, invoices, and other substantiating records and documentation with records and/or claims for compensation to be provided no later than 30 days following the time in which the work claiming to be extra was performed.
Unless notification of extra work is documented, and unless a complete statement of materials used and expenses incurred is furnished by the Contractor, the Contractor shall not be entitled to payment of such alleged extra work, and any future claims for compensation will be invalid.
Payment for extra work shall be in accordance with General Provisions, Section 5.08 - Omitted work shall not constitute a claim for damages on account of anticipated profits on the work that may be omitted.
5.08 Change Orders At any time during the progress of the work, and without in any way rendering void the Agreement, the City may order alterations, additions or deductions from the work by change order, without notice to sureties. When so ordered in writing, the Contractor shall proceed with work as directed by the change order.
The change order shall describe the change in the work, the adjustment of the contract sum (if any), and the adjustment of the contract time (if any). The Contractor shall not be entitled to any extension of time for the completion of the work by virtue of any change order unless the change order specifically provides for this. If, after receiving a change order, the Contractor requests an extension of time, within five (5) working days the Contractor must file a written claim to that effect for consideration by the Engineer.
The process of submitting a proposed change, a cost proposal, or negotiating an agreed upon change order, or any failure to reach an agreement as to an adjustment in the contract sum or the contract time, shall not relieve the Contractor of the obligation to perform in accordance with the Contract Documents.
8.e
February 12, 2024 Packet Pg. 306
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-23 Project No. C2319
A change order may be in the form of a City directed change order or an agreed upon change order. Upon the receipt of either form of change order, the Contractor shall proceed promptly and diligently with the extra work.
(a) City Directed Change Orders - A City directed change order may be issued by the City interest to proceed with the work, and the change does not materially alter the character of the work. The Contractor shall be deemed to have accepted the terms of any City directed change order unless the Contractor asserts a claim with respect to the change order, no e
General Provisions, Section 5.09`
(b) Agreed Upon Change Orders - Within five (5) working days after receiving a request from the City for a written proposal for an agreed upon Change Order, the Contractor shall provide the Engineer with a cost proposal in a form satisfactory to the Engineer, setting performing the extra work.
Compensation for agreed upon change orders shall be calculated based upon the unit prices stated in the Bid Schedule and no additional markup for overhead or profit will be provided unless stated otherwise as follows. If there are no unit prices for the extra work, the Contractor and the City may agree upon unit prices or lump sum costs, which shall be used to increase or decrease the contract sum. In the absence of any such agreement, the contract sum shall be adjusted by Force Account.
1. Quantity Adjustments - Unit prices shall govern not only for alterations to work covered by written specifications and drawings, but also for other work incidental or necessary to completing the work for which written specifications and drawings may be later prepared. Whenever an item of work or materials is specified in the contract by unit price and is increased or decreased by more than 25 percent (25%), Section 9-1.06 of the Standard Specifications shall govern payment. This Section allows for a renegotiation of the unit price based upon consideration of the total pay item cost. If, however, a renegotiated price cannot be reached by the Contractor and the City, then the payment for this item shall be adjusted by Force Account.
2. Agreed Upon Price If there are no unit prices for proposed extra work, the Contractor and the City may agree upon unit prices or lump sum costs, by written change order, prior to commencing work. In the absence of any such agreement, the contract sum shall be adjusted by Force Account.
3. Force Account - When extra work is to be paid on a force account basis, the labor, materials and equipment used in the performance of that work shall be paid in accordance with the 2010 State Standard Specification, Section 9-1.04 Force Account. To the total of the direct costs computed, there can be an added markup of up to thirty-five percent (35%) to the cost of labor, up to fifteen-percent (15%) to the cost of materials and up to fifteen-percent (15%) to the cost of equipment.
These markups shall constitute full compensation for any and all overhead costs, profit, or other costs not specifically designated as a cost of labor, material or equipment. When subcontractors perform force account work, an additional tenpercent (10%) markup shall be added to the total cost of the extra work to reimburse the Contractor for additional administrative costs. No markup for any Subcontractor beyond the first tier shall be paid.
During the performance of extra work by Force Account, and as a condition to the Cont
prepare daily reports itemizing all costs for labor, materials, and equipment rental and provide certified payrolls. For labor costs, the reports shall include names, job classifications, hours worked and rates of pay. For equipment costs, the reports shall include size, type, identification number and hours of operation. All records and reports shall be submitted to the Engineer for approval on a daily basis.
8.e
February 12, 2024 Packet Pg. 307
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-24 Project No. C2319
Reports shall be made on the State of California, Daily Extra Work Report Form or on a similar form approved by the Engineer.
i. Labor - Labor costs shall be based on the prevailing wage scale for each craft or type of workman, and no compensation shall be allowed for payment in excess of the prevailing wage. Employer payments for payroll taxes and insurance, health and welfare, pension, vacation, and other direct labor costs shall be included and will be calculated as the Labor Surcharge stipulated in the State of California, Labor Surcharge and Equipment Rental Rates book.
ii. Materials - Materials cost shall be the cost of all materials purchased by the Contractor and used in the extra work and shall be the actual cost of such materials, including sales taxes, freight and delivery charges. The City reserves the right to reject materials to be furnished by the Contractor, sources of supply or, if necessary, to furnish the materials to the Contractor. No compensation will be paid to the Contractor for any material furnished by the City or for materials not used. iii. Equipment Rental - The Contractor will be allowed the actual rental rate of equipment, prorated over the time the machinery or equipment is required.
For Contractor owned equipment, this rate shall be as stipulated in the State of California, Labor Surcharge and Equipment Rental Rates book.
In addition, the Contractor will be allowed reasonable move-in and moveout charges, if applicable. All equipment shall, in the opinion of the Engineer, be in good working order, good condition, and suitable for its purpose. Equipment or tools having a replacement value of $200.00 or less, whether or not consumed by use, shall be considered small tools and no payment will be made therefore.
iv. Other Services or Expenditures - The City may authorize and approve payment for work performed by special forces or necessary services and expenditures other than labor, materials, and equipment rental.
5.09 Disputed Work - When the Engineer and Contractor fail to agree as to whether an alteration ordered by the Engineer constitutes a material change or difference in the character of the work, or fail to agree upon the compensation to be allowed for such altered work, the Contractor shall proceed with the altered work and file with the Engineer, within ten (10) working days after receiving direction from the Engineer, a written protest detailing the particulars of the dispute and the amount of additional compensation or time required for the alteration. Failure of the Engineer to recognize a change in the character of work when ordering alterations shall in no way be construed as relieving the Contractor of the escribed above. The City will not consider
additional compensation for altered work unless the Contractor files a written protest within ten (10) working days after receiving direction from the Engineer.
If the Contractor has complied with the notification requirements of this sub-section, consideration of payment due shall be made as later determined through claim resolution procedures as set forth in Although not to be considered as approval for proceeding under extra work provisions, the Contractor shall keep and furnish records of disputed work in accordance with General Provisions, Section 5.07
8.e
February 12, 2024 Packet Pg. 308
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-25 Project No. C2319
SECTION 6 - CONTROL OF MATERIALS
6.01 Materials and Workmanship - All materials, parts and equipment furnished by the Contractor in the work shall be new, high grade, and free from defects. Workmanship shall be in accordance with generally accepted standards. Materials and workmanship shall be subject to the Materials and workmanship not conforming to the requirements of these specifications shall be considered defective and will be subject to rejection. Defective work or material, whether in place or not, shall be removed immediately from the site at the Contractor , expense, when so directed by the Engineer.
If the Contractor fails to replace any defective or damaged work or material after notice from the Engineer, the Engineer may cause such work or materials to be replaced. The replacement expense shall be deducted from the amount to be paid to the Contractor.
Used or secondhand materials, parts and equipment are permissible only if permitted by the Special Provisions.
Specialized material or equipment to be used in the work that is not readily available from material suppliers (such as electroliers, luminaries, signal poles, heads, cable, controllers, pumps, etc.) shall be ordered within five (5) days after award of the contract. Time extensions will not be granted for project delays due to the unavailability of such specialized material and equipment unless the Contractor furnishes the Engineer with documentation of purchase order dates, acceptable reason for delay of delivery, or proof of diligent efforts to obtain said items from alternate sources.
The Contractor shall provide the Engineer with periodic reports to inform the Engineer of any changes in the projected material or equipment delivery dates.
6.02 Protection of Work and Materials - 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. Stored materials shall be reasonably accessible for inspection. The Contractor shall also adequately protect new and existing work and equipment for the duration of the contract. equipment or materials which have been installed or delivered and which may be necessary for the completion of the contract.
6.03 Trade Names or Equals In accordance with Public Contract Code Section 3400, whenever any particular material, process, or equipment is indicated by patent, proprietary or brand name, or by the name of a manufacturer or supplier, such wording is used for the purpose of facilitating its description and shall be deemed to be followed by the w proposed by the contractor, the contractor shall provide data to show that the product is considered equal.
Contractor shall also identify any price differences, which shall be considered as part of the substitution and if accepted, shall result in an appropriate credit or cost to the City by change order should the substitution be made.
Unless otherwise authorized by the Engineer, the proposed substitution must be submitted in sufficient time, before the normal use or installation of the material, process or equipment, for the Engineer to determine the equivalency and for the Contractor to make any required purchases (including delivery).
8.e
February 12, 2024 Packet Pg. 309
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-26 Project No. C2319
The Engineer shall be responsible for solely determining whether the material proposed for substitution is equivalent to that specified, and the Eng by the Contractor is found to be not equal to the specified material, the Contractor shall furnish and install the specified material.
The specified contract completion time shall not be affected by any circumstances developing from the provisions of this Section.
6.04 Inspection of Materials by City - Unless otherwise specified, inspection may be required at the source for such typical materials and fabricated items as bituminous paving mixtures, structural concrete, metal fabrication, metal casting, welding, concrete pipe manufacture, protective coating application, and similar shop or plant operations.
Standard items of equipment such as electric motors, conveyers, elevators, plumbing fixtures, etc., are subject to inspection at the job site. Special items of equipment such as designed electrical panel boards, large pumps, sewage plant equipment, etc., are subject to inspection at the source, normally only for performance testing. The Special Provisions may specify additional inspection requirements.
6.05 Inspection of Materials by Others - When the City does not elect to make its own inspection at the source, the City may, at its expense, engage an inspector or accredited testing laboratory to inspect the materials, equipment or process. The inspector or representative of the testing laboratory shall judge the materials by the requirements of the plans and specifications. No materials or equipment shall be shipped nor any processing, fabrication or treatment of such materials shall be done without a favorable inspection by the engaged agent. These materials shall be subject to re-inspection at the job-site.
6.06 Tests of Materials - Before incorporation into the work, the Contractor shall submit samples of materials, as the Engineer may require, at no cost to the City. The materials for testing shall be delivered to the place by Contractor, and at the time designated, by the Engineer. Unless otherwise provided by the Special Provisions, all testing shall be performed under the direction of the Engineer, and at no expense to the Contractor.
The Contractor shall notify the City in writing at least fifteen (15) days in advance of any intention to use materials for which tests are specified, to allow sufficient time for the City to perform the tests. The notice shall name the proposed supplier and source of material.
6.07 Certification The Engineer may waive material testing requirements of the Specifications materials to be supplied meet the requirements of the specifications. A Certificate of Compliance is acceptable for authorizing the use of steel pipe in sizes less than eighteen (18) inches and vitrified clay, cast iron or ductile iron pipe in all sizes. All materials used on the basis of a Certificate of Compliance may be sampled or tested by the City at any time. The fact that material is used on the basis of a Certificate of Compliance shall not relieve the Contractor of the responsibility for incorporating materials in the work which conforms to the requirements of the Contract Documents.
6.08 Weighing and Metering Equipment All scales and metering equipment used for proportioning materials shall be inspected for accuracy and certified within the past twelve (12) months by the State of California Bureau of Weights and Measures, by the County Director or Sealer of Weights and Measures, or by a scale mechanic registered with or licensed by the County, The accuracy of the work by a scale service agency, except as stated herein, shall meet the standards of the California Business and Professions Code and the California Code of Regulations pertaining to weighing devices. A certificate of compliance shall be presented to the Engineer for approval prior to operation, and shall be renewed whenever required by the Engineer at no cost to the City.
8.e
February 12, 2024 Packet Pg. 310
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-27 Project No. C2319
m or area. They
shall indicate the true net weight without the application of any factor. The figures of the scales shall be clearly legible. Scales shall be accurate to within one-percent (1%) when tested with the plant shut down.
Weighing equipment shall be so insulated against vibration or moving of other operating equipment in the plant area such that the error in weighing with the entire plant running will not exceed two-percent (2%) for any setting nor one and one half percent (1.5%) for any batch.
6.09 Calibration of Testing Equipment Testing equipment, such as but not limited to, pressure gages, metering devices, hydraulic systems, force (load) measuring instruments, and strain-measuring devices shall be calibrated by a testing agency acceptable to the Engineer at intervals not to exceed twelve (12) months, and following repairs, modification, or relocation of the equipment. Calibration certificates shall be provided when requested by the Engineer.
8.e
February 12, 2024 Packet Pg. 311
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-28 Project No. C2319
SECTION 7 UTILITIES
7.01 Statutory Obligation - Pursuant to Government Code, Section 4215:
to which a public agency as defined in Section 4401 is a party, the public agency shall assume the responsibility, between the parties to the contract, for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the site of any construction project that is the subject of the contract, if such utilities are not identified by the public agency in the plans and specifications made a part of the invitation for bids. The contract documents shall include provisions to compensate the Contractor for the costs of location, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy and for equipment on the project necessarily idled during such work. The Contract documents shall include provisions that the Contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of the public agency or the owner of the utility to provide for removal or relocation of such utility facilities.
7.02 y and Protect Subsurface Infrastructure - The Contractor shall locate and protect service laterals, conduits, and appurtenances of any underground facility, the presence of which could be reasonably inferred from the Contract Documents or from the presence of visible facilities such as buildings, meters, and junction boxes, prior to doing any work that may damage any such facilities, or interfere with their service. Where underground main distribution conduits, such as water, gas, sewer, electric power, telephone, or cable television are shown on the plans, the Contractor shall assume that every parcel will be served by a service connection for each type of utility. The Contractor shall comply with all requirements for the protection of underground infrastructure as set forth in Government Code, Sections 4215 through 4216.9.
standards, providing if requested, detailed plans prepared by a California Registered Civil Engineer showing necessary temporary support of utilities during coordinated construction work. The Contractor is directed to contact these agencies before submitting bids and to be familiar with their requirements and shall include all costs of this coordination within the proposals bid prices.
The Contractor agrees to assume liability and to hold the City of San Carlos, its officers, and employees harmless from any damages resulting from the existence of underground utilities and structures not reported to the Engineer, not indicated on the public records examined, or located at variance with that reported or shown on records examined.
7.03 Location - The City will search known records and indicate on the plans those utilities, except service connections, which may affect the work. All available information regarding removal, relocation, or disconnection of utilities, or installation of new utilities, will be furnished to prospective bidders before the receipt of bids. The Contractor shall immediately report to the Engineer those utilities omitted from the plans or found substantially at variance with the location shown.
Existing and proposed utilities and improvements are shown in their approximate locations. Locations may not have been field verified and no guarantee is made as to the accuracy and completeness of the information shown. The fact that any facility is not shown on the plans shall not relieve the Contractor of any location of utilities shown on the plans, indicated by field locating services, or evidenced by facilities visible in to field verify and/or pothole existing utilities prior to beginning construction. Potholing shall be considered as part of the various contract bid items and no additional compensation will be allowed.
8.e
February 12, 2024 Packet Pg. 312
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-29 Project No. C2319
At least three (3) working days prior to commencing work, the Contractor shall request that utility and agencies mark or otherwise indicate the location of their substructures. Contractor shall contact Underground Service Alert (USA) at (800) 642-2444 and the Engineer at least forty-eight (48) hours prior to excavation. The location of utilities as shown on the plans are approximate and are not to be construed and service connections affecting or conflicting with the work, prior to the performance of the work. As necessary, the Contractor shall pothole these utilities prior to working in the area to avoid damage to them.
Potholing shall be considered as part of the contract bid items, and no separate payment will be made.
Contractor shall be familiar with the type, material, age and condition of any utility which may be affected by the work.
7.04 Protection - As necessary or as directed by the Engineer, the Contractor shall field adjust proposed improvements to avoid conflicts with existing improvements. The Contractor shall not interrupt the service function or disturb the supporting base of any utility, without authority from the utility Owner or order from the City.
Where protection is required to ensure support of existing underground, overhead and at-grade utilities (including their associated structures and service connections) as shown on the plans, at the Contractor such protective measures shall be furnished and placed. In case of damage, the Contractor, without additional compensation, shall restore utilities to as good of a condition as they were found.
Upon learning of the existence and location of any utility omitted from or shown incorrectly on the plans, the Contractor shall notify the City and be fully responsible for protecting such utility. When authorized by the Engineer, additional protection may be paid by change order, for utilities other than a service connection.
The Contractor shall immediately notify the Engineer and the utility owner when Contractor disturbs, disconnects or damages any utility. If the utility is located substantially as indicated on the plans, the Contractor shall bear the costs of repair or replacement.
When placing concrete around or contiguous to any utility, at the Contractor expense, a cushion of expansion joint material, clear opening, sleeve, or other suitable material approved by the Engineer so as to prevent embedment or bonding of the utility with the concrete shall be furnished and installed.
7.05 Shut Down Notification The City is in-charge of the sewer and storm water collection systems, traffic signals and street lighting system and as such the Contractor shall coordinate shut downs of these utilities and facilities Engineer and Public Works Maintenance Department. The Contractor shall also coordinate the shutdown of all other utilities, including, but not limited to water, electricity, gas, communications, or CATV with the corresponding utility owner.
Shut downs of any utility or other facility, when allowed, shall be done only after:
A. The Contractor has coordinated with and notify the Engineer/Utility Owners in writing, at least seventy-two (72) hours in advance of the shut down, and, B. Has properly notified customers (residents, businesses/agencies) emergency response staff, and, C. Has all materials required for the work at the job site prior to requesting a shut off.
Except for scheduled shutdowns and in cases of emergency, the Contractor shall notify all customers and effected parties of a shutdown at least forty-eight (48) hours in advance by writing and four (4) hours in advance by person to allow adequate draw time. Once shut down, the Contractor shall proceed with the work in an expedient manner until the water lines or sewer lines are back in service.
7.06 Removal - Unless otherwise specified, the Contractor shall remove all portions of removal operations, the Contractor shall ascertain from the utility Owner whether abandonment is complete.
The costs involved in the removal and disposal of utilities to be abandoned shall be considered as part of the contract bid items, and no separate payment will be made.
8.e
February 12, 2024 Packet Pg. 313
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-30 Project No. C2319
7.07 Relocation - When feasible, the utilities within the area affected by the work will complete their necessary installations, relocations, repairs, or replacements before commencement of work by the Contractor. When the Contract Documents or plans indicate that a utility is to be relocated, altered or constructed by others, the City will conduct all negotiations with the utilities and the work will be done at no cost to the Contractor.
Utilities interfering with the permanent project work, discovered after the award of the contract, shall either be relocated, altered, or reconstructed by the utility, or the Engineer may order changes in the work to avoid interference. Such changes will be paid for in accordance with General Provisions, Section 5, When the plans or specifications provide for the Contractor to alter, relocate, or reconstruct a utility, all costs for such work shall be absorbed in the contract bid items. Temporary or permanent relocation or alteration of utilities by the Contractor for convenience shall be the responsibility of Contractor. Contractor shall make all arrangements, obtain all approvals, and bear all costs. The Contractor may, for convenience or to expedite the work, agree with the owner of any utility to disconnect and reconnect interfering service connections. The City shall not be involved in any such agreement.
7.08 Delays - The Contractor is responsible for notifying utility companies in time to prevent delays attributable to utility relocations or alterations as called for in the Contract Documents. The Contractor shall not be entitled to damages or additional payment if such delay does occur. The Engineer will determine the extent of the delay based on the Baseline Construction Schedule (Section 8.05) and on the project as a whole, and any commensurate extension of time.
7.09 Cooperation - When necessary, the Contractor shall conduct operations so as to permit access to the worksite and provide time for utility work to be accomplished during the progress of the contract work.
8.e
February 12, 2024 Packet Pg. 314
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-31 Project No. C2319
SECTION 8 PROSECUTION AND PROGRESS
8.01 Notice to Proceed - Within twenty-one (21) calendar days following receipt of the signed agreement, bonds and insurance, the City shall issue the Contractor a Notice to Proceed provided that the documents are acceptable to the City. Unless stated otherwise, the contract time shall commence upon the receipt date on the Notice to Proceed.
8.02 Commencement of Work - Work shall commence within fifteen (15) calendar days following the receipt date on the Notice to Proceed, and shall be diligently prosecuted to completion within the time provided in the Notice to Bidders.
8.03 Subcontracting - Unless otherwise indicated by the Special Provisions, the Contractor shall perform the majority of the project work.
8.04 Administrative Duties - The Contractor shall coordinate the scheduling and timing of administrative duties with other activities to avoid conflicts and to ensure orderly project progress. Such activities include, but shall not be limited to, the preparation of construction schedules, preparation and processing of submittals, requests for information and responding to requests for quotations, attending and preparing for progress meetings and coordinating project closeout activities.
8.05 Baseline Construction Schedule Within ten (10) calendar days of the Notice to Proceed, the Contractor shall submit to the Engineer an acceptable Critical Path Method (CPM) progress schedule showing the critical path for completing the various items of work within the number of contract days specified. The schedule shall show the order in which the Contractor proposes to carry out the major items of work and the dates on which he will start and finish the various items (including procurement of materials and equipment). If requested, the schedule shall be resource loaded to reflect person/crew hours and equipment loading for various construction activities in order for the City to better evaluate the proposed schedule.
(a) City Review of Schedule The City may review and note excep schedule, if it is not sufficiently detailed to clearly show the work to be completed during each month to assure the completion of the work within the project duration. The Contractor will be solely and exclusively responsible for resolving any exceptions, and the to the schedule shall be addressed within five (5) working days. (b) Update of Schedule After submission of a schedule to which the City has taken no exceptions, the Contractor shall submit an updated schedule on a monthly basis or as otherwise specified by the City until completion of the work. The updated schedule must prepared and reflect any proposed changes in the method of operations, to achieve the project milestones within the required project duration. (c) Float The schedule must show early and late completion dates for each task. The assigned to the project and available for the City
Contractor as needed to complete the work in accordance with the agreement.
(d) Failure to Submit Schedule If the Contractor fails to submit a schedule within the time periods specified in this sub-section, or submits a schedule to which the City has taken uncorrected exceptions, the City may withhold payments to the Contractor until such schedule is submitted and/or corrected in accordance with the Contract Documents.
8.06 Three-Week Look Ahead Schedule - The Contractor is required to furnish to the Engineer, three-week look ahead schedule. The schedule
must show planned activities in sufficient detail to allow proper monitoring of the planned construction activities.
8.e
February 12, 2024 Packet Pg. 315
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-32 Project No. C2319
8.07 Construction 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 Recording 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 Preconstruction Conference - The City shall designate a date and time for the preconstruction 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) Letter 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 Construction 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 g condition (to be completed prior to starting construction.
(j) Anticipated cash flow projections, if requested by the engineer.
8.10 Progress 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 Hours 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.
8.e
February 12, 2024 Packet Pg. 316
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-33 Project No. C2319
8.12 Prosecution 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. I 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 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 Suspension of Work - Work may be stopped or suspended in whole or in part for up to 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.
If 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 Default 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) If 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 rece
(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
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 Upon such termination of control the City may enter upon and take possession of the entire work and may also tak
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 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.
8.e
February 12, 2024 Packet Pg. 317
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-34 Project No. C2319
Af
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
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 damages incurred by the City by reason of the the unpaid balance, the Contractor and the surety shall be liable to the City for the difference. At the audited and
certified by an independent third party, whose certificate thereof shall be binding and conclusive upon the parties.
original contract price as adjusted by any change orders issued prior to 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 The Contractor may give written
notice to the Engineer of intention to stop work or terminate the Agreement, or both if 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 If, 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 mitigate all loss or damage so far as reasonably possible.
8.16 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.
(a) Upon receipt of a Notice of Termination, the Contractor shall, unless the notice directs otherwise, do the following:
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.
8.e
February 12, 2024 Packet Pg. 318
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-35 Project No. C2319
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 have 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 Time 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 Under 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 Liquidated 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 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.
8.e
February 12, 2024 Packet Pg. 319
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-36 Project No. C2319
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. 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. ficate of Substantial Completion shall be the termination date, if applicable, of liquidated damages.
8.19 Delays 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 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 is 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 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.
8.e
February 12, 2024 Packet Pg. 320
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-37 Project No. C2319
(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 conditions as defined in General Provisions, Section 5.05,
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 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 Baseline
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 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 e caused by reasons other than those mentioned above, but are
8.e
February 12, 2024 Packet Pg. 321
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-38 Project No. C2319
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-ofnecessary 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
8.20 Substantial 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 t
be designated by the City as substantially complete if the Contract Documents require separate delivery.
When 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 e work shall
8.21 Project 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.
Following 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.
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.
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.
The contractor shall provide a final payment request with lien releases (if applicable) in a format acceptable to the City.
The as-built drawings and all record documents 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.
8.22 Final Completion - After the Contractor has received the Certificate of Substantial 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.
8.e
February 12, 2024 Packet Pg. 322
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-39 Project No. C2319
Should 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 Final 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 Risk 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 Use 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 improvement before final acceptance. Nothing in this Section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials.
8.e
February 12, 2024 Packet Pg. 323
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-40 Project No. C2319
SECTION 9 RESPONSIBILITIES OF THE CONTRACTOR
9.01 - The Contractor shall supervise, coordinate, 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.
The 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 stipulated.
9.02 - 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.
All 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 Superintendent - 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.
City approval of the Superintendent is required prior to starting work. The City reserves the right to request an appropriately qualified replacement of the Superintendent at any time during construction of the 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 duly appointed representatives.
9.04 Character 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 incompetent, 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.
8.e
February 12, 2024 Packet Pg. 324
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-41 Project No. C2319
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) Non-Discrimination Attention is directed to Labor Code, Section 1735 which reads as 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
(b) Alien 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 Subcontractor 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 interested party upon request. This prevailing wage rate schedule is provided by the City 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 calendar day, or portion thereof, for which the worker was paid less than the specified prevailing per diem
8.e
February 12, 2024 Packet Pg. 325
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-42 Project No. C2319
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 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 Commissioner of the State of California, Department of Industrial Relations.
(f) Apprentice Program - Attention is directed to State of California Labor Code, Sections 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, 4th 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 journey worker trainees who may receive onthe-job training to enable them to achieve journey worker 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 the various contract items of work and no additional compensation will be made therefore.
9.06 Permits and Fees Unless otherwise stated in the Special Provisions, the Contractor 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.
For City Cap
encroachment and/or building permit. Contractor shall coordinate through the Engineer to insure that all appropriate construction inspections occur.
8.e
February 12, 2024 Packet Pg. 326
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-43 Project No. C2319
9.07 Coordination 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 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 with work. 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 the 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 Use 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 Engineer, no storage of materials and equipment will be allowed to remain within the rightof-way during non-working hours, on the weekends, or during holidays.
Each day, after the completion of construction operations, unless otherwise approved by the Engineer, 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.
9.09 Construction 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 . The staging area must be fenced, with screening, and shall be operated in a manner that minimizes the inconvenience to neighbors.
8.e
February 12, 2024 Packet Pg. 327
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-44 Project No. C2319
The 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 property owners, the Contractor may also need to secure a Use
9.10 Site 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 Construction Water The Contractor is responsible for obtaining all water required for the project and shall work with, and obtain 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 not 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] midpeninsulawater.org
9.12 Project 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) Disposal 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 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. (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.
8.e
February 12, 2024 Packet Pg. 328
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-45 Project No. C2319
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. 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 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
8.e
February 12, 2024 Packet Pg. 329
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-46 Project No. C2319
equipment, necessary for the work . 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 construction 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 construction operations using the appropriate
BMP. The Contractor shall be responsible for cleaning catch basins of solid or liquid waste into the storm drain system. Violation of this provision shall cause the City to issue a stopwork 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.
9.13 Preservation of Property - The Contractor shall be responsible for the protection of public and private property adjacent to the work.
Due 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, pipelines 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 good as when the Contractor entered upon the work, or as good as required by the Contract Documents.
8.e
February 12, 2024 Packet Pg. 330
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-47 Project No. C2319
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 benchmarks, 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 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 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, it 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.
If 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 require 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 expense.
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.
The 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 un
9.17 Restoration 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.
8.e
February 12, 2024 Packet Pg. 331
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-48 Project No. C2319
Unless 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 response shall be removed 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 separate payment will be made thereof.
Rural type mailboxes 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 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 Archeological 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 Access 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 parking lot entrance, the Contractor shall notify the residents, business owners or tenants 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 Traffic Control 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.
Proper 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
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
8.e
February 12, 2024 Packet Pg. 332
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-49 Project No. C2319
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 be 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 Terminal Annex, Los Angeles, CA 90051). The submittal shall consist of scaled drawings for each situation 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 nonvehicular 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 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 devices, placement, etc., to suit changing conditions around construction 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 (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 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 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
8.e
February 12, 2024 Packet Pg. 333
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-50 Project No. C2319
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:
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 Engineer 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 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 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 Devices at uneven temporary pavement or bridging locations. See General
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 - PARKING - CONSTRUCTION TOW- day and hours of 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
8.e
February 12, 2024 Packet Pg. 334
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-51 Project No. C2319
construction and must be reposted forty-eight (48) hours before the resumption of construction activities.
Code. The Contractor shall also coordinate with the Police Department directly for enforcement and towing of parked vehicles.
9.21 Safety - 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 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.
The 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 when 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 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 excava 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 tackwelded 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
8.e
February 12, 2024 Packet Pg. 335
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-52 Project No. C2319
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
their CSEP training, their specific assignment and their responsibilities in carrying out the CSEP.
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) - 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 relieve the Contractor from liability for claims caused by blasting operations.
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.
8.e
February 12, 2024 Packet Pg. 336
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-53 Project No. C2319
9.22 Patent 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 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 furnishing 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.
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 Antitrust Claims Attention is directed to Public Contract Code, Section 7103.5 which 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
9.25 Audit and Examination of Records The City and entities and agencies designated by the 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 - Before 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 - Wherever, 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
8.e
February 12, 2024 Packet Pg. 337
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-54 Project No. C2319
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 Placing 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-Way - 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 Contractor'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 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.
8.e
February 12, 2024 Packet Pg. 338
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-55 Project No. C2319
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.
Unless 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
actual net weights. The City will accept the certificates as evidence of the weights delivered.
10.02 Bid 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 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.
The 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%) value. Overhead and profit shall not be allowed as a line item, but shall be prorated over other items of work.
10.03 Bid 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.
Payment 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.
When the estimated quantity for a specific portion of work is designated on the Bid Schedule as a 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
8.e
February 12, 2024 Packet Pg. 339
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-56 Project No. C2319
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 Progress 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.
The 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 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 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. (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.
8.e
February 12, 2024 Packet Pg. 340
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-57 Project No. C2319
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 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 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.
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 pursuant 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.
8.e
February 12, 2024 Packet Pg. 341
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-58 Project No. C2319
2. Providing of powers of attorney or other documents necessary for the transfer of the securities to be deposited.
3. 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.
4. Decrease in value of securities or deposit.
5. 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.
The 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 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:
(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 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.
8.e
February 12, 2024 Packet Pg. 342
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-59 Project No. C2319
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 Compensation 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 -
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.
A 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 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 Time 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.
Contractor 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.
8.e
February 12, 2024 Packet Pg. 343
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-60 Project No. C2319
10.12 City 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 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
10.13 -
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 C
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.
8.e
February 12, 2024 Packet Pg. 344
General Provisions Big Canyon Park Landslide Repair Project (Behind 3144 Brittan Avenue) Page GP-61 Project No. C2319
SECTION 11 GUARANTY
11.01 y - 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.
The 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 Correction of Defective Work During the Guaranty 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 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.
If 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 vices 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
8.e
February 12, 2024 Packet Pg. 345
SPECIAL PROVISIONS
8.e
February 12, 2024 Packet Pg. 346
This Page Intentionally Left Blank
8.e
February 12, 2024 Packet Pg. 347
Special Provisions Big Canyon Park (Behind 3144 Brittan Avenue) Landslide Repair Project Page SP-1 Project No. C2319
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 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:
Landslide repair at Big Canyon Park (behind 3144 Brittan Avenue) in the Cityof San Carlos.
Earthwork and surface restoration.
Erosion control.
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, tree removal and trimming, 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 at Big Canyon Park (behind 3144 Brittan Avenue) in the City of San Carlos, as shown in the project plans.
3. QUALIFICATION OF BIDDERS
The Contractor must have three (3) years of experience involving landslide repairs of similar size and scope. The Contractor must submit a statement of qualifications detailing at least three (3) projects totaling a project value of at least $200,000.
4. DAYS & HOURS OF OPERATION
The hours of operation shall be limited to the hours between 8:00 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.
8.e
February 12, 2024 Packet Pg. 348
Special Provisions Big Canyon Park (Behind 3144 Brittan Avenue) Landslide Repair Project Page SP-2 Project No. C2319
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 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.
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 for Street Tree Permits are available by calling the Department of Planning at (650)802-4263.
calling the City Department of Planning.
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 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.
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 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.e
February 12, 2024 Packet Pg. 349
Special Provisions Big Canyon Park (Behind 3144 Brittan Avenue) Landslide Repair Project Page SP-3 Project No. C2319
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 and
3. The work of the City or othercontractors.
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 and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations, and notifying owners and users of adjacent utilities.
The Contractor shall designate a Site Safety and Health Officer who is a responsible 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 worksite.
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
8.e
February 12, 2024 Packet Pg. 350
Special Provisions Big Canyon Park (Behind 3144 Brittan Avenue) Landslide Repair Project Page SP-4 Project No. C2319
10. 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 http://www.dot.ca.gov/hq/esc/oe/project_plans/HTM/stdplns-US-customary-unitsnew15.htm) 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/dotmedia/programs/safety-programs/documents/ca-mutcd/rev7/1-13-camutcd2014-introrev7.pdf ).
Traffic Control shall be provided for all project work areas on the street (such as those necessary for delivery of materials and staging) 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 between 8:00 a.m. and 4:30 p.m.
No work shall be performed on Saturdays, Sundays, or designated legal holidays. shall have an alternate work schedule reviewed and authorized by the Engineer prior to commencement of work.
General Requirements:
1. The 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. 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 timeextension.
8.e
February 12, 2024 Packet Pg. 351
Special Provisions Big Canyon Park (Behind 3144 Brittan Avenue) Landslide Repair Project Page SP-5 Project No. C2319
Special Requirements:
1. 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 streetclosure:
a. 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 TrimmingHaulers e. Recology San Mateo County (650) 595-3900
f. Affected School Districts
g. Impacted residents and businesses,
3. If emergency or urgent street closures are required, the Contractor shall notify:
a. project manager and inspector
b. City of San Carlos Police Department, (650)802-4277
c. City of San Carlos Fire Department, (650) 802-4300
4. 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, of of the General Provisions.
5. 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 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.
6. 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.
7. 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.
8. Provide at least one (1) ten-foot each
direction.
8.e
February 12, 2024 Packet Pg. 352
Special Provisions Big Canyon Park (Behind 3144 Brittan Avenue) Landslide Repair Project Page SP-6 Project No. C2319
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.
13. SANITATION FACILITIES AND UTILITIES
Contractor shall be responsible for providing bathrooms, wash stations and power, if needed. Portable bathrooms and wash stations shall be not be staged in the public right-of-way. Portable bathrooms and wash stations will be on trailers and removed from the work site by the end of each working day. The Contractor shall coordinate with CalWater to obtain a hydrant meter for dust control during the demolition.
14. 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 s
for additional information.
15. POWER
All power for and in connection with work to be done under this contract shall be furnished the General Provisions for additional information.
8.e
February 12, 2024 Packet Pg. 353
Special Provisions Big Canyon Park (Behind 3144 Brittan Avenue) Landslide Repair Project Page SP-7 Project No. C2319
16. 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 work area shall be left in a neat and presentable condition at the end of each workday.
17. 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 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 spillage 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 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 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
8.e
February 12, 2024 Packet Pg. 354
Special Provisions Big Canyon Park (Behind 3144 Brittan Avenue) Landslide Repair Project Page SP-8 Project No. C2319
18. CLEARING AND GRUBBING
All cleared and grubbed materials shall be hauled off and disposed outside of the right-ofway 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.
19. PROTECTION AND RESTORATION OF EXISTING IMPROVEMENTS 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 is completed.
20. 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.
8.e
February 12, 2024 Packet Pg. 355
Special Provisions Big Canyon Park (Behind 3144 Brittan Avenue) Landslide Repair Project Page SP-9 Project No. C2319
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.
The Contractor will protect and assume liability for all existing or newly installed structures and lines from damage by 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 twelveAll painted markings including USA markings, marks placed by the Contractor, and marks 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.
21. 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 (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- aid 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.
8.e
February 12, 2024 Packet Pg. 356
Special Provisions Big Canyon Park (Behind 3144 Brittan Avenue) Landslide Repair Project Page SP-10 Project No. C2319
22. 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.
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).
23. PROTECTION OF PUBLIC SAFETY
If the Contractor encounters a condition where public safety is threatened the representative shall be notified immediately.
24. NOTIFICATION OF RESIDENTS AND MERCHANTS
The Contractor shall perform the following tasks prior to commencement of the work:
A. Prepare and leave at each location a notification letter two (2) weeks and seventy-two (72) hours prior to the time of access to the property, stating nature of work and expected duration of activity affecting their property.
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 in or
permission to access the easement in order to perform the inspection, the Contractor shall contact the City for assistance. In such cases, Contractor shall provide a minimum of two (2) notice to the City prior to the need to access private property. Contractor is responsible for scheduling work such that this two-week notification period does not interfere with the overall work schedule.
8.e
February 12, 2024 Packet Pg. 357
Special Provisions Big Canyon Park (Behind 3144 Brittan Avenue) Landslide Repair Project Page SP-11 Project No. C2319
25. OWNER/CONTRACTOR MEETINGS
A. PRE-CONSTRUCTION CONFERENCE: A Pre-Construction Conference will be held on ZOOM within ten (10) working days after the date the Notice to Proceed is issued at the time and date described in the Notice to Proceed.
The conference will address the scope of work and the Contractor's proposed construction schedule, traffic control 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 overallproject); 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
WEEKLY CONSTRUCTION MEETINGS: A weekly construction meeting will be held at the construction site or on ZOOM as determined by the City Project Manager/Inspector. The weekly meetings will be held on a day and time mutually
26. 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.
27. 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. The daily work report should include at least three (3) photos.
28. 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 Documents. The Contractor shall be responsible for conforming to the requirements of 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.
Each 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.
8.e
February 12, 2024 Packet Pg. 358
Special Provisions Big Canyon Park (Behind 3144 Brittan Avenue) Landslide Repair Project Page SP-12 Project No. C2319
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 7
6. Health and Safety Plan SP 7
7. Daily Work Report SP 23
8. Staging Area (if applicable) GP 9.09
9. 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, 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 (6) months from the award date.
ITEM DESCRIPTION SPECIFICATION SECTION
10. Geogrid reinforcement TP 11
11. Subdrain materials TP 12/13
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.
29. CLEANING OF WORK AREA
The Contractor shall clean the work area and leave no excess of materials from thermoplastic by end of each working day.
8.e
February 12, 2024 Packet Pg. 359
TECHNICAL PROVISIONS
Prepared by
ENGEO Incorporated
2010 Crow Canyon Plaza, Suite 250 San Ramon, CA 94583
(925) 866-9000
Project No. 13387.000.024
October 4, 2023
Latest Revision December 18, 2023
8.e
February 12, 2024 Packet Pg. 360
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions October 4, 2023
Latest Revision December 18, 2023
This Page Intentionally Left Blank
8.e
February 12, 2024 Packet Pg. 361
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions October 4, 2023
Latest Revision December 18, 2023
TABLE OF CONTENTS
SECTION 1 MOBILIZATION ...................................................................................TP-1 SECTION 2 NOTIFICATION OF RESIDENTS........................................................TP-3 SECTION 3 TRAFFIC CONTROL...........................................................................TP-5 SECTION 4 TEMPORARY UTILITIES AND FACILITIES......................................TP-13 SECTION 5 PROTECTION OF EXITING FACILITIES..........................................TP-15 SECTION 6 SUBMITTAL REVIEW .......................................................................TP-21 SECTION 7 TESTING AND INSPECTIONS .........................................................TP-30 SECTION 8 WATER POLLUTION CONTROL......................................................TP-37 SECTION 9 CLEARING AND GRUBBING............................................................TP-42 SECTION 10 EARTHWORK .................................................................................TP-44 SECTION 11 GEOGRID REINFORCEMENT .......................................................TP-50 SECTION 12 SUBDRAIN PIPES...........................................................................TP-53 SECTION 13 DRAINAGE GEOCOMPOSITE........................................................TP-56 SECTION 14 EROSION CONTROL......................................................................TP-63
8.e
February 12, 2024 Packet Pg. 362
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions October 4, 2023
Latest Revision December 18, 2023
This Page Intentionally Left Blank
8.e
February 12, 2024 Packet Pg. 363
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-1 October 4, 2023
Latest Revision December 18, 2023
SECTION 1 MOBILIZATION
PART 1 GENERAL
1.01 WORK INCLUDED
A. The Contractor will provide labor, materials, and equipment to prepare the site for the timely start and efficient completion of all Work. This includes obtaining any necessary licenses and permits, and providing required submittals, including, but not limited, to a Project Schedule.
B. The Contractor is advised that there may be insufficient area within the construction zone to provide parking, staging for material, and storage of equipment.
C. The Contractor will obtain all bonds, all Contractor-acquired permits, licenses, agreements, and certifications for the Project.
D. The Contractor will furnish and erect all needed construction facilities, fencing, Project signage, and Project security for the Project.
E. The Contractor will take pre-construction photographs and video recordings of existing conditions and surface features.
F. The Contractor will prepare progress schedules and reports, Contract meetings, and Record Drawings.
PART 2 PRODUCT
NOT USED
PART 3 EXECUTION
NOT USED
PART 4 MEASUREMENT AND PAYMENT
The Contract lump-sum price paid for Mobilization shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the Work involved in mobilization, as specified in this section, as shown on the plans, as specified in the specifications and the special provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor.
Any amount larger than 4 percent of the total bid will be retained until such time that demobilization is complete.
8.e
February 12, 2024 Packet Pg. 364
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-2 October 4, 2023
Latest Revision December 18, 2023
Payments for the lump-sum item for Mobilization shall be determined based on the percentage of the bid item Work completed, as determined by the Engineer at the time the progress payment is prepared.
END OF SECTION
8.e
February 12, 2024 Packet Pg. 365
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-3 October 4, 2023
Latest Revision December 18, 2023
SECTION 2 NOTIFICATION OF RESIDENTS
PART 1 GENERAL
1.01 WORK INCLUDED
A. This Work shall include furnishing and distributing advance notice flyers to residents and businesses on all streets and including side/cross streets adjacent, and all emergency, public transportation, and garbage/recycle collection services where Contract Work is to be performed. Notices shall be consistent with dates B. Notifications shall include at least the following information.
1. Identification of Contractor(s) including emergency contact name(s) and phone number(s)
2. Description of Work
3. Dates and times of construction
4. Information regarding street closures and/or detouring C. The Contractor shall submit to the City an advance notice flyer in the form of a letter or door hanger for review and approval.
D. This Work
if necessary for equipment/vehicle access, along the frontage of 3144 Brittan Avenue.
PART 2 PRODUCT
2.01 ADVANCE NOTICE FLYERS
Flyer shall contain a general description of the Work to be done, a schedule identifying the street segment and date that Work is to be performed, and any restrictions that will be imposed as a result of the Work.
2.02 NO PARKING SIGNS
Contractor Project. The
Contractor shall arrange for the pickup of signs not less than seven (7) days prior to being needed.
8.e
February 12, 2024 Packet Pg. 366
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-4 October 4, 2023
Latest Revision December 18, 2023
PART 3 EXECUTION
3.01 DISTRIBUTION OF FLYERS
A. Advance notice flyers shall be hand delivered by the Contractor to residents, schools, or businesses along the impacted streets, including side/cross streets adjacent at least seven to ten (7-10) calendar days in advance of the street closure. Notices shall also be placed on the front window of all vehicles parked against the curb. If different notices are used for different areas, the Contractor shall take care to deliver the appropriate notice to the correct location. Near school areas, Contractor shall coordinate with City Staff and school principals to notify the parents of any changes in traffic patterns, detours, or parking restrictions. The notification shall include a copy of the approved Traffic Control Plan or detours around the school area.
B. Notification shall consist of a procedure of written one-week notices (handouts and/or mailings), and door-to-door notifications 24 hours prior to starting Work for every phase of construction.
PART 4 MEASUREMENT AND PAYMENT
Payment for complying with the provisions for Notification of Residents, as well as for furnishing all related labor, materials, tools, and equipment for doing all the Work identified in this section shall be considered, as included in the Contract, lump sum paid for the mobilization item, and no additional compensation shall be made.
END OF SECTION
8.e
February 12, 2024 Packet Pg. 367
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-5 October 4, 2023
Latest Revision December 18, 2023
SECTION 3 TRAFFIC CONTROL
PART 1 GENERAL
1.01 WORK INCLUDED
A. The Contractor is responsible for comprehensive site-wide temporary traffic control provisions. Under this item of Work, Contractor is also responsible for providing regional temporary traffic control signs and changeable message signs.
1.02 SUBMITTALS
A. Administrative Submittals: Copies of permits and approvals for construction as required by Laws and Regulations and governing agencies.
B. Shop Drawings: Traffic Control, Detour & Routing Plans, Pedestrian Control, and School Zone Access & Pedestrian Control Plans: As specified herein, and proposed revisions thereto. Submittals shall consider both the standard workday and nighttime operations.
C. Traffic Control Engineer: Qualifications of proposed Traffic Control Engineer.
1.03 VEHICULAR TRAFFIC
A. Traffic Control Plan: Detailed traffic control plans shall show the locations of traffic cones, k-rail, construction zones, flaggers, stored pipe and materials, construction truck access, barricades, detours, signs, changeable message boards, and other traffic control facilities. Submit traffic control plans five (5) working days prior to start of construction and throughout all construction stages as the Work progresses.
B. Regional Traffic Management: Regional traffic control plans shall show the locations of access routes, closures, detours, temporary traffic signs, construction signage, changeable message boards, and other regional traffic control facilities.
Plan shall show and accommodate adjacent projects. Submit traffic control plans five (5) working days prior to start of construction and throughout all construction stages as the Work progresses.
C. Traffic Routing Plan: Show sequences of construction affecting the use of roadways, time required for each phase of the Work, provisions for decking over excavations and phasing of operations to provide necessary access, and plans for signing, signaling, barricading, and striping to provide passages for pedestrians and vehicles. Include schedule for covering traffic control signs (including detour signs) when not in use and uncovering just prior to use. Show applicable signs for each individual construction stage.
8.e
February 12, 2024 Packet Pg. 368
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-6 October 4, 2023
Latest Revision December 18, 2023
D. Each afternoon at 3 p.m., meet with City or its designated representative to describe the following day's construction operations and the traffic control provisions. At each meeting, submit a detailed update of traffic control provisions and construction crew locations. This shall be submitted in hardcopy and electronic form using a Word file. The update shall contain a list of signs and the time and location for covering and uncovering signs.
1.04 TRAFFIC CONTROL ENGINEER
A. The traffic control plans and updates shall be prepared and presented by a Registered Civil Engineer with expertise in traffic control (hereinafter designated as the Traffic Control Engineer). The Traffic Control Engineer shall develop and update traffic control plans, oversee the field implementation of traffic control plans, and provide quality assurance for compliance with traffic control procedures.
B. Each evening and morning, signs shall be covered and uncovered, as needed, to inform the public of roadway closures, detours, Work zones, and other traffic information. Each evening just before crews leave, all signs not required shall be covered and all signs required shall be uncovered. Each morning before start of construction, all signs not required shall be covered and all signs required shall be uncovered. The Traffic Control Engineer shall oversee the covering and uncovering of signs each evening and morning.
C. The Traffic Control Engineer shall be responsible for verifying that property owner/occupant notifications are made in accordance with Contract requirements.
PART 2 PRODUCT
2.01 CIP PROJECT SIGN
A. Material: Aluminum 0.080 inch
B. Size: 2 inch x 36 inch
C. Round all corners
D. Colors:
1. Border white
2. Background Green
3. City of San Carlos Logo Black, Green, and Yellow
4. Text white
8.e
February 12, 2024 Packet Pg. 369
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-7 October 4, 2023
Latest Revision December 18, 2023
PART 3 EXECUTION
3.01 TRAFFIC CONTROL
A. Traffic control shall be done in accordance with the Traffic Constraints Drawings, Caltrans Standard Plans & Specifications, and the California Manual on Uniform Traffic Control Devices (California MUTCD, Caltrans, March 30, 2021), and the cations.
B. Non-closure Traffic Control: Work that interferes with public traffic, either one-lane or two-lane traffic, shall not cause any traffic delays to public traffic between 7 a.m. to 8:30 a.m., nor more than 5-minute delays to public traffic between the hours of 8:30 a.m. to 4:30 p.m. Local traffic shall not be delayed at any time for more than 5 minutes. School buses shall not be delayed for more than 1 minute. During non-working hours, Saturdays, Sundays, and holidays, the full width of the traveled way in both directions shall be open for use by the public, unless approved for closure. Where road is closed to through traffic, full width of the roadway shall be open for local traffic during non-working hours. During working hours, one lane of the roadway shall be open for local traffic in both directions, except as permitted in advance by the Engineer. Holidays shall be those designated by the City of San Carlos.
1. Emergency Response Vehicles shall not be impeded at any time.
C. Work hours shall be as stated in Special Provisions. Work hours shall be further limited to daylight hours. Daylight hours are defined as 1/2 hour after sunrise and 1/2 hour before sunset.
D. The Contractor shall fill or plate the trench at the end of each working day. Trench plates shall be textured to inhibit skidding. Use cold-patch or other means to feather transition at 3.3 percent (30:1) to plates. Where pit operations remain unfilled, steel plating shall be provided during non-working hours.
E. Traffic Control Engineer shall provide routine surveillance of Project during non-working hours. The Contractor shall provide the name and phone number for the Contractor contact person for nighttime Project operations. Replacement of non-working or stolen controls is required prior to commencing with construction.
F. Minimum lane width during construction shall be 11 feet, unless noted otherwise.
1. Nearest travel lane edge (tubular marker delineators) shall be no less than 8 feet from the edge of open trench. The Contractor shall use K-Rail if 8 foot cannot be maintained.
8.e
February 12, 2024 Packet Pg. 370
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-8 October 4, 2023
Latest Revision December 18, 2023
2. Where cones are used to separate traffic lane from construction zone, do not use traffic lane for accessing construction zone and do not store materials or equipment on or near shoulder of traffic lane side of roadway.
G. Whenever it is necessary to cross, close, or obstruct driveways and walks, whether public or private, provide and maintain suitable and safe bridges, detours, or other temporary expedients for accommodation of public and private travel.
H. Driveway and Private Road Closures: Maintain satisfactory means of exit for persons residing or having occasion to transact business along the route of the Work. If it is necessary to close off vehicular access to property for periods greater than 2 hours, provide written notice to each owner/occupant so affected 3 days prior to such closure. Steel traffic plates shall be readily accessible in case of emergency.
I. Notify the fire department, police/sheriff department, highway patrol, ambulance service, local school district, post office, refuse companies and transit agencies five (5) working days before closing roadway or portion thereof. Notify said departments or agencies when streets are again passable for vehicles. Conduct operations with the least interference to fire equipment access, and at no time prevent such access. Furnish Contractor night emergency telephone numbers to the police or sheriff's department.
J. Move mailboxes to temporary locations accessible to postal service and on completion of Work in each area, replace them in their original location and in a condition equal to or better than original.
K. The Contractor
to areas accessible for garbage and recycle pick up. Garbage and recycle cans up.
L. Pedestrian and bicycle access along sidewalks and streets will be kept open and safe from construction activities; however, necessary closures shall be detour and signed appropriately, per a pedestrian control plan, where applicable.
M. Coordination: Coordinate traffic routing with that of others working in the same or adjacent areas. Coordinate access for garbage pickup, mail delivery, and school buses.
N. Barricades and Lights:
1. Provide as shown on the traffic control plans and in sufficient quantity to safeguard public and Work.
8.e
February 12, 2024 Packet Pg. 371
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-9 October 4, 2023
Latest Revision December 18, 2023
2. Provide as necessary to prevent unauthorized entry to construction areas and affected roads, streets, and alleyways, inside and outside of fenced area, and as required to ensure public safety and the safety of Contractor employees, other employer's employees, and others who may be affected by the Work.
3. Provide to protect existing facilities and adjacent properties from potential damage.
4. Locate to enable access by facility operators and property owners.
5. Protect streets, roads, highways, and other public thoroughfares that are closed to traffic by effective barricades with acceptable warning signs.
6. Locate barricades at the nearest intersecting public thoroughfare on each side of the blocked section and at any additional locations indicated on the traffic control plan.
O. Temporary Pavement Markings:
1. Temporary Pavement Delineation: Whenever Contractor operations reduce visibility of pavement delineation (lane lines, either pavement markers or painted lines or both, or temporary delineation) and pavement marking, such pavement delineation and pavement marking shall be replaced by either permanent or temporary delineation and marking before opening the traveled way to public traffic. Temporary delineation and marking shall consist of reflective traffic tape or reflective pavement markers, as determined by the Engineer. Reflective tape for temporary delineation shall be applied in pieces not less than 24 inches long, or less than 4 inches wide, spaced no more than 24 feet apart. Reflective tape for pavement markings shall be placed to approximate the obliterated pavement markings, as determined by the Engineer. Reflective traffic tape or reflective pavement markers shall be applied in accordance with the manufacturer's instructions. In areas where construction activity removes the pavement, the Contractor shall use portable delineators (18 inches high by 2 inches wide) to designated travel lanes.
Portable delineators shall be in accordance with the Standard Specifications.
Once asphalt "plugging" of trench and damaged areas is complete, pavement markings and striping shall be replaced. Temporary pavement delineation shall be maintained by the Contractor at his own expense until it is replaced with permanent delineation. Final pavement markings and stripping shall be done after completion of overlay.
8.e
February 12, 2024 Packet Pg. 372
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-10 October 4, 2023
Latest Revision December 18, 2023
P. Signs and Equipment:
1. Traffic control signs and equipment shall be placed as shown on Traffic Constraint Drawings and as directed by the City.
2. The Contractor shall maintain existing traffic control signs during construction.
Roadway facilities and signs shall be protected in accordance with Section 15-1.02 and 7-1.11 of the Standard Specifications.
3. Portable TOW-AWAY-NO STOPPING Signs: Place where approved by police or California Highway Patrol.
4. TOW-AWAY-NO STOPPING signs shall be posted seventy-two (72) hours prior to construction activity requiring removal.
5. Portable BUSINESSES ARE OPEN Signs: Place at accesses to businesses in the vicinity of construction activities.
6. Tubular Markers or Traffic Safety Drums: Provide to delineate traffic lanes to guide and separate traffic movements. Provide to obstructions, such as material piles and equipment, as directed by the Engineer.
7. Illuminate barricades and obstructions with warning lights from sunset to sunrise, or as directed by the Engineer.
8. Use to alert general public of construction hazards, which would include surface irregularities, undamped walkways, grade changes, and trenches or excavations in roadways and in other public access areas.
9. Post-mount informational signs (all ends of detour and throughout detour vicinity) of detour 5 working days before detouring any traffic as to the date, time, and duration of the detour. Sign shall be stenciled with 6-inch black letters on a retro-reflective orange background. Signs shall meet Caltrans specifications.
10. Place solar powered barricade-type lights on DETOUR signs and construction speed limit signs.
11. All portable and night use signs shall use "diamond" grade reflective lettering.
12. Detour signs shall be covered when not in use and uncovered just prior to use. Detour signs shall be covered with wood or metal. The use of easily displaced material, such as plastic bags, burlap sacks, duct tape, etc., is not acceptable. All signs that are not applicable to the current construction stage shall be removed or covered.
8.e
February 12, 2024 Packet Pg. 373
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-11 October 4, 2023
Latest Revision December 18, 2023
Q. At each road closure barricade, a flagger shall be provided. For each single-lane closure, flaggers shall be provided for each crew. Flaggers shall have radios for communication with other flaggers and with crew foremen. Flaggers shall not leave their posts unattended for any length of time. Provide replacement flaggers, as required, for continuous coverage.
R. Payment Reductions:
1. Owner reserves the right to retain amounts for non-compliance with the .
i. Non-compliance related to safety for Workers or the traveling public. a. First non-compliance: $1,000
b. Second non-compliance: $5,000
c. Third non-compliance: $10,000
d. Fourth and subsequent non-compliances, each: $25,000 ii. Safety related non-compliance relates to lack of k-rail, cones, barricades, light towers, reflective vests, delineators, flaggers, temporary or permanent striping, crash cushions, emergency access, warning signage, non-skid plates, sufficient clearance of stored pipe, dirt and mud free roads, or to other conditions such as uneven roads that endanger workers or the traveling public.
iii. Non-compliance related to Work hours in City right-of-way. a. $100 for each minute beyond the Work hour limits
iv. Non-compliance related to disruption of the traveling public other than Work hour non-compliance.
a. First non-compliance: $0
b. Second non-compliance: $500
c. Third non-compliance: $1,000
d. Fourth and subsequent non-compliances, each: $5,000
v. Non-compliance related to disruption of the traveling public relates to lack of informational or detour signage, failure to cover or uncover signs, failure to meet sequencing and completion, requirements of pipeline segments and locations, or to other conditions that give rise to disruption of the public, such as blocked driveways, any delay to a school bus greater than 1 minute, or delays related to lack of flaggers or radios.
8.e
February 12, 2024 Packet Pg. 374
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-12 October 4, 2023
Latest Revision December 18, 2023
vi. If non-complying Work items are not corrected in the timeframe designated by the Engineer, the City may perform the Work. For such Work, the cost, plus 100 percent for administration and overhead, will be retained from payments. This amount is in addition to the amounts indicated above.
vii. Amounts retained shall be credited to the owner through a change order to the Contract.
3.02 CIP PROJECT SIGN
A. The Vector files for the sign and logos shall be supplied to the sign manufacturer upon request. The Contractor shall provide the company name and a 24-hour toll-free contact phone number on the sign. The Contractor shall check with the Project Manager to obtain the Project name and telephone number before fabricating the sign.
PART 4 MEASUREMENT AND PAYMENT
Payment for complying with the provisions for Traffic Control, as well as for furnishing all related labor, materials, tools, and equipment for doing all the Work identified in this section shall be considered, as included in the Contract, lump sum paid for the traffic control item, and no additional compensation shall be made.
END OF SECTION
8.e
February 12, 2024 Packet Pg. 375
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-13 October 4, 2023
Latest Revision December 18, 2023
SECTION 4 TEMPORARY UTILITIES AND FACILITIES
PART 1 GENERAL
1.01 SUMMARY
A. It shall be the Contractor's responsibility to provide labor and equipment that is adequate for the performance of the Work under this Contract within the time specified. All equipment shall be kept in satisfactory operating condition and shall be capable of safely and efficiently performing the required Work.
1.02 POWER AND LIGHTING
A. Power: The Contractor shall provide all necessary temporary power, including fuel, required for its operations under the Contract, including operation of traffic control devices, lighting, etc., and shall provide and maintain all temporary power lines required to perform the Work in a safe and satisfactory manner.
B. Construction Lighting: All Work conducted at night or under conditions of deficient daylight shall be suitably lighted to ensure proper Work and to afford adequate facilities for inspection and safe working conditions. All construction lighting shall be shielded to reduce light from affecting non-work areas.
C. Approval of Electrical Connections: All temporary connections for electricity shall be subject to approval of the City, the Engineer and the power company representative, and shall be removed in like manner at the Contractor's expense prior to final acceptance of the Work by the City.
D. Separation of Circuits: Unless otherwise permitted by the Engineer, circuits separate from lighting circuits shall be used for all other power purposes.
E. Construction Wiring: All wiring for temporary electric light and power shall be properly installed and maintained and shall be securely fastened in place. All electrical facilities shall conform to the requirements of Title 8, Industrial Relations, Subchapter 5, Electrical Safety Orders, California Administrative Code; and Subpart K of the OSHA Safety and Health Standards for Construction.
1.03 WATER SUPPLY
A. General: The Contractor shall be responsible for making necessary arrangements for obtaining construction water, and shall include the cost of obtaining and use of water in the various bid prices for the Project.
8.e
February 12, 2024 Packet Pg. 376
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-14 October 4, 2023
Latest Revision December 18, 2023
1.04 SANITATION
A. Toilet Facilities: Fixed or portable chemical toilets shall be provided wherever needed for the use of employees and shall be regularly maintained to provide clean, sanitary conditions.
B. Sanitary and Other Organic Wastes: The Contractor shall establish a regular, twice weekly, collection of all sanitary and organic wastes. All wastes and refuse from sanitary facilities provided by the Contractor or organic material wastes from any other source related to the Contractor's operations shall be disposed of away from the site in a manner satisfactory to the Engineer and in accordance with all laws and regulations pertaining thereto.
PART 2 MATERIALS
NOT USED
PART 3 EXECUTION
NOT USED
PART 4 MEASUREMENT AND PAYMENT
Payment for complying with the provisions for Temporary Utilities and Facilities, as well as for furnishing all related labor, materials, tools, and equipment for doing all the Work identified in this section shall be considered, as included in the Contract, lump sum paid for the mobilization item, and no additional compensation shall be made.
END OF SECTION
8.e
February 12, 2024 Packet Pg. 377
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-15 October 4, 2023
Latest Revision December 18, 2023
SECTION 5 PROTECTION OF EXISTING FACILITIES
PART 1 GENERAL
1.01 SUMMARY
A. The Contractor shall protect all existing utilities and all other improvements not designated for removal and shall restore damaged or temporarily relocated utilities and improvements to a condition equal to or better than they were prior to such damage or temporary relocation, all in accordance with requirements of the Contract Documents.
B. The Contractor shall verify the exact locations and depths of all utilities shown and the Contractor shall make exploratory excavations of all utilities that may interfere with the Work. All such exploratory excavations shall be performed as soon as practical after award of Contract and, in any event, a sufficient time in advance of construction to avoid possible delays to the Contractor's Work. When such exploratory excavations show the utility location as shown to be in error, the Contractor shall so notify the Engineer, and shall incorporate updated utility locations into the Project Record Drawings.
C. In the event it is necessary to respond with City crew in lieu of the Contractor to or as a consequences thereof, there shall be a minimum mobilization cost fee of $500 for administrative overhead, billing, and equipment use in addition to the actual hourly overhead rate (including benefits) billed for City employees and any materials costs. The Contractor shall be obligated to pay this amount separately to the City prior to the completion of the Project and retention payment. The use of City crews will be at the discretion of the City.
D. If a hazardous condition is observed and the City notifies the Contractor either directly or by telephone, the Contractor shall correct the condition immediately. If the Contractor fails to correct the condition immediately, the City reserves the right to call a local supplier(s) or Contractor to install the necessary measures such as lights, barricades, etc. The cost involved shall be deducted from any money due (or to become due) to the Contractor.
E. Contractor shall perform a pre-construction photo survey to document the condition of existing improvements. The Contractor shall be responsible to adequately document the condition for size, kind, quantity, and the extent of existing improvements. Photographs shall be for the purpose of documenting the pre-existing condition at the site of Work. All surveys shall be delivered to the City prior to commencing Work. In the absence of adequate pre-construction
8.e
February 12, 2024 Packet Pg. 378
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-16 October 4, 2023
Latest Revision December 18, 2023
1.02 RIGHTS-OF-WAY
A. The Contractor shall not do any Work that would affect any gas, sewer, storm drain, waterline, recycled waterline, telephone, railroad, or electric line, any fence, or any other structure, nor shall the Contractor enter upon the rights-of-way involved until notified by the Engineer that the City has secured authority therefore from the proper party. After authority has been obtained, the Contractor shall give said party due notice of its intention to begin Work, and shall give said party convenient access d Work. When two or more Contracts are being
executed at one time on the same or adjacent land in such manner that Work on one Contract may interfere with that on another, the City shall determine the sequence and order of the Work. When the territory of one Contract is the necessary or convenient means of access for the execution of another Contract, such privilege of access or any other reasonable privilege may be granted by the City to the Contractor so desiring, to the extent, amount, in the manner, and at the times permitted. No such decisions as to the method or time of conducting the Work or the use of territory shall be made the basis of any claim for delay or damage, except as provided for temporary suspension of the Work.
1.03 PROTECTION OF SURVEY MONUMENTS OR ROADWAY MARKERS
A. Monuments placed by Surveyors must be preserved, in accordance with State Business & Professions Code Section 8771. The Contractor shall not destroy, remove, or otherwise disturb any existing survey monuments, markers or other existing street or roadway markers without proper authorization. No pavement grinding, breaking, or excavation shall be started until all survey or other permanent marker points that will be disturbed by the construction operations have been properly referenced for easy and accurate restoration. It shall be the Contractor's responsibility to notify the proper representatives of the City of the time and location that Work will be done. Such notification shall be sufficiently in advance of construction so that there will be no delay due to waiting for survey points to be satisfactorily referenced for restoration.
B. If monuments are disturbed by the Contractor, the Contractor shall hire a Licensed Surveyor to prepare and process a corner record or record of survey, as appropriate, through the City to reset the monuments. Surveyor records shall show the position of replacement monuments and post construction position of other monuments within the Work area post-construction. The cost of preparing the necessary survey documents, processing the survey documents, and resetting the monuments shall be paid for by the Contractor. This Work shall be completed prior to Project acceptance and additional monies will be withheld for this Work prior to the release of retention.
8.e
February 12, 2024 Packet Pg. 379
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-17 October 4, 2023
Latest Revision December 18, 2023
1.04 EXISTING UTILITIES AND IMPROVEMENTS
A. General: The Contractor shall protect all Underground Utilities and other improvements which may be impaired during construction operations. It shall be the Contractor's responsibility to ascertain the actual location of all existing utilities and other improvements that will be encountered in its construction operations, and to see that such utilities or other improvements are adequately protected from damage due to such operations. The Contractor shall take all possible precautions for the protection of utility lines to provide for uninterrupted service and to provide such special protection as may be necessary. Protection of existing utilities may include soil stabilization.
B. Culverts: Existing culverts in and adjacent to the Work area shall be protected from be notified immediately if an existing culvert is disturbed as a result of construction activities. All costs associated with disturbing existing culverts shall be borne by the Contractor.
C. Utilities to be Moved: In case it shall be necessary to move the property of any public utility or franchise holder, such utility company or franchise holder will, upon request of the Contractor, be notified by the City to move such property within a specified reasonable time. When utility lines that are to be removed are encountered within the area of operations, the Contractor shall notify the Engineer a sufficient time in advance for the necessary measures to be taken to prevent interruption of service.
D. Where the proper completion of the Work requires the temporary or permanent removal and/or relocation of an existing utility or other improvement which is shown, the Contractor shall remove and, without unnecessary delay, temporarily replace or relocate such utility or the facility. In all cases of such temporary removal or relocation, restoration to former location shall be accomplished by the Contractor in a manner that will restore or replace the utility or improvement to its former location and in new condition.
E. City's Right of Access: The right is reserved to the City and to the owners of public utilities and franchises to enter at any time upon any public street, alley, right-of-way, or easement for the purpose of making changes in their property made necessary by the Work of this Contract.
F. Underground Utilities Shown or Indicated: Existing utility lines that are shown or the locations of which are made known to the Contractor prior to excavation and that are to be retained, and all utility lines that are constructed during excavation operations, shall be protected from damage during excavation and backfilling and, if damaged, shall be immediately repaired by the Contractor.
8.e
February 12, 2024 Packet Pg. 380
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-18 October 4, 2023
Latest Revision December 18, 2023
G. Underground Utilities Not Shown or Indicated: Contractor is responsible to verify location of all utilities, whether shown in the plans or not. All costs for locating, replacement, and/or repair of existing utilities shall be borne by the Contractor.
H. In the event that the Contractor damages any existing utility lines, a written report thereof shall be made immediately to the Engineer.
I. All water services that are damaged during construction of trenching operations shall be reconstructed from the corporation stop to the meter (for small diameter services or reconstructed from the gate valve to the meter (for larger diameter services), and all services shall be sleeved with PVC pipe prior to backfilling.
J. Approval of Repairs: All repairs to a damaged improvement are subject to inspection and approval by an authorized representative of the improvement owner before being concealed by backfill or other Work.
K. Maintaining in Service: All oil and gasoline pipelines, power, and telephone or other communication cable ducts, gas and water mains, irrigation lines, sewer lines, storm drain lines, poles, and overhead power and communication wires and cables encountered along the line of the Work shall remain continuously in service during all the operations under the Contract, unless other arrangements satisfactory to the Engineer are made with the owner of said pipelines, duct, main, irrigation line, sewer, storm drain, pole, or wire or cable. The Contractor shall be responsible for of this section shall not be abated even in the event such damage occurs after backfilling or is not discovered until after completion of the backfilling.
L. Pipeline Connections. The Contractor shall make all necessary connections to the existing pipelines. No connections to the existing system shall be made unless authorized in writing by the City or Engineer.
M. Repairing couplings on sanitary sewer laterals and water services are not allowed.
All repairs shall be completed to the nearest existing pipe joint, asbestos cement (ACP) sanitary sewer laterals shall be taken back to the nearest existing joint and shall not cut ACP. All removed pipe material shall be disposed of by the Contractor per state and local requirements. All costs for disposal of existing materials shall be borne by the Contractor
8.e
February 12, 2024 Packet Pg. 381
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-19 October 4, 2023
Latest Revision December 18, 2023
1.05 TREES WITHIN STREET RIGHTS-OF-WAY AND PROJECT LIMITS A. General: The Contractor shall exercise all necessary precautions so as not to damage or destroy any trees or shrubs, including those lying within street rights-of-way and Project limits, and shall not trim or remove any trees unless such trees have been approved for trimming or removal by the City or other jurisdictional agency. All existing trees and shrubs which are damaged during construction shall be trimmed or replaced by the Contractor under the directions of an arborist certified by the Western Chapter of the International Society of Arboriculture hired by the Contractor or a certified tree company hired by the Contractor to the satisfaction of the City and/or agency. Tree trimming and replacement shall be accomplished in accordance with the following paragraphs.
B. Trimming: The natural shape and form of the tree shall be preserved and enhanced; no stubs or splits or torn branches left; no topping or drop-crotching; and clean cuts shall be made close to the trunk or large branches.
C. Replacement: The Contractor shall immediately notify the City and/or other jurisdictional agency if any tree is damaged by the Contractor's operations. If, in the opinion of the City or said other agency, the damage is such that replacement is necessary, the Contractor shall replace the tree at its own expense. The size of the trees shall be not less than 1 inch in diameter nor less than 6 feet in height.
Fines will be assessed against the Contractor for trees removed without the City's prior written approval. The minimum amount of fine or restitution to the City will be the replacement of the tree removed, with one of equal or greater size and maturity and as approved by the City. Larger fines may be assessed against the Contractor depending upon the circumstances and type of tree removed, especially in the case of oak trees, and/or those trees listed on the City of San Carlos' and/or County D. Any roots encountered greater than 2 inches in diameter shall be performed under the direct supervision of, and in conformance with, the recommendations of an arborist certified by the Western Chapter of the International Society of Arboriculture.
E. The Contractor shall furnish all tools and equipment and employ sufficient trained personnel to operate all equipment and perform all handwork efficiently and skillfully.
F. The Contractor shall be held responsible for any damage to trees, vegetation, or private property caused by its construction operations.
8.e
February 12, 2024 Packet Pg. 382
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-20 October 4, 2023
Latest Revision December 18, 2023
1.06 NOTIFICATION BY CONTRACTOR
A. Prior to any excavation in the vicinity of any existing underground facilities, including all water, sewer, storm drain, gas, petroleum products, or other pipelines; all buried electric power, communications, or television cables; all traffic signal and street lighting facilities; and all roadway and state highway rights-of-way, the Contractor shall notify the Underground Service Alert agency and the respective authorities representing the owners or agencies responsible for such underground facilities not less than 48 hours prior to excavation so that a representative of said owners or agencies can be present during such Work if they so desire.
PART 2 MATERIALS
NOT USED
PART 3 EXECUTION
NOT USED
PART 4 MEASUREMENT AND PAYMENT
Payment for complying with the provisions for Protection of Existing Facilities, as well as for furnishing all related labor, materials, tools, and equipment for doing all the Work identified in this section shall be considered, as included in the Contract, lump sum paid for the mobilization item, and no additional compensation shall be made.
END OF SECTION
8.e
February 12, 2024 Packet Pg. 383
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-21 October 4, 2023
Latest Revision December 18, 2023
SECTION 6 CONTRACTOR SUBMITTALS
PART 1 GENERAL
1.01 SUMMARY
A. This section describes general requirements for submittals for the Work.
1.02 PROCEDURES
A.
Submittals, Safety Plans, Progress Schedules, Product Data, Shop Drawings, Samples, Substitution Requests, Traffic Control Plans, Construction Staging Area Plan, and Project Record Documents, and all other submittals required by the Contract Documents. Submit these submittals to Engineer for review and approval.
B. Use a submittal transmittal form, in duplicate, containing:
1. Date, revision date, and submittal log number.
2. Project title.
3. 4. Specification Section clearly identified.
5. The quantity of each Shop Drawing, Product Data, and Samples submitted.
6. Notification of deviations from Contract Documents.
7. Materials safety data sheet
Hazard Communication Standard 29 CFR 1910.1200.
8. Other pertinent data.
C.
marked clearly to show those portions of the data that are applicable to this Project.
Submittals shall be submitted based on each Technical Specification Section.
Submittals containing information about more than one Specification Section will be returned for resubmittal. Submittals shall include all information requested by each Specification Section. (No partial submittals.) Incomplete submittals will be returned not reviewed by Engineer. Provide a log number and reference to Specifications Section and/or Plan sheets and details, for each submittal for ease of identification of submittal. Submittal shall include:
8.e
February 12, 2024 Packet Pg. 384
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-22 October 4, 2023
Latest Revision December 18, 2023
1. Date and revision dates.
2. Revisions, if any, identified.
3. Project Title and number.
4. The names of: Engineer, Contractor, Subcontractor, Supplier, Manufacturer, and separate detailer, when pertinent.
5. Identification of product material by location within the Project.
6. Relation to adjacent structure or materials.
7. Field dimensions, clearly identified as such.
8. Specification Section number and applicable detail reference numbers on the drawings.
9. Applicable standards, such as ASTM, ANSI, FS, NEMA, SMACNA or ACI.
10. A blank space on each Drawing or data sheet, 5 inches by 4 inches, for the
11. Identification of deviations from Contract Documents.
12. submittals, verification of field measurements, construction criteria and technical standards in compliance with Contract Documents.
D. The data shown on the Shop Drawings shall be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show the Engineer the materials and equipment the Contractor proposes to provide and to enable the Engineer to review the information for the limited purposes specified below. Samples shall be identified clearly as to material, supplier, pertinent data such as catalog numbers, and the use for which it is intended and otherwise, as Engineer may require to enable Engineer to review the submittal. The number of each Sample to be submitted will be as specified in the Specifications.
E. Substitutions:
1. Substitution for those equipment, procedures, materials, and/or products product or material to be furnished is both equal in quality and utility and after the Contractor has complied with the following provisions.
8.e
February 12, 2024 Packet Pg. 385
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-23 October 4, 2023
Latest Revision December 18, 2023
i. All substitutions shall be reviewed by the City.
ii. The City must approve such substitution in writing prior to its incorporation into the Work.
iii. Unless otherwise authorized in writing by the City, the Contractor shall, prior to award and placing any purchase orders, and at least thirty (30) calendar days before it requires approval of any such alternative item, submit to the City sufficient data, drawings, samples, literature, or other detailed information as will demonstrate to the City that the proposed substitute is equal in quality and utility to the equipment, materials, procedures, and/or products specified.
2. Within thirty (30) calendar days following receipt of all requested information from the Contractor, the City will determine whether the proposed alternative is equal in quality and utility and meets the requirements of the Contract and will inform the Contractor in writing of such determination. The burden of substantiating the quality and utility of alternatives shall be upon the Contractor, and the Contractor shall furnish all necessary information requested and required by the City. The City will be the sole judge as to the quality and utility of alternative equipment, materials and/or products, and the not relieve the Contractor from complying with the requirements of the Project Drawings and Specifications. Acceptance by the City shall not relieve the Contractor from full responsibility for the efficiency, sufficiency and quality and performance of the substitute equipment, materials, procedures and/or products, in the same manner and degree as the equipment, materials, procedures and/or products specified by name.
3. Failure of the Contractor to submit proposed substitutions for review in the manner described above and within the time prescribed shall be sufficient cause for rejection by the City of any other proposed substitutions.
4. In determining whether a proposed product is equal in quality and utility, the City is not restricted to such basic issues as performance and durability, but may consider any other issues that the City, at the discretion of the City, deems appropriate. Said issues may, but are not required to include, nor are they limited to, such additional factors as comparable performance, reliability, efficiency or operation, ease of operation, adaptability, ease of maintenance, capital costs, life-cycle costs, operational characteristics, costs of training personnel, maintenance history, warranties, problems created by the resulting overall warranty system, availability of qualified service, availability of parts, the history of any supplier, and compatibility with existing facilities.
8.e
February 12, 2024 Packet Pg. 386
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-24 October 4, 2023
Latest Revision December 18, 2023
5. No one factor or group of factors, including such issues as savings on capital costs, shall be determinative of whether the proposed product or material is equal in quality and utility. The decision of the City shall be based on those factors deemed by the City to be relevant and any data, drawings, samples, literature or other detailed information furnished by the Contractor with respect to the proposed substitution.
6. Each decision as to whether a product or material is equal in quality and utility shall be made by the City on a case-by-case basis.
7. The Contractor shall be responsible for any and all costs, including consultant costs, incurred by the City with respect to the proposed substitution that exceed the costs inherent in the normal and reasonable review of drawings and other standard data, information, and documents concerning any proposed substitution. The Contractor shall be responsible for this cost, regardless of whether or not the substitution is approved by the City.
F. Submittal coordination and verification is the responsibility of Contractor; this responsibility shall not be delegated in whole or in part to subcontractors or suppliers. Before submitting each Shop Drawing or Sample, Contractor shall have reviewed and coordinated each Shop Drawing or Sample with other Shop Drawings and Samples and with the requirements of the Work and the Contract Documents, and shall have determined and verified:
1. All field measurements, quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers, and similar information with respect thereto;
2. All materials with respect to intended use, fabrication, shipping, handling, storage, assembly and installation pertaining to the performance of the Work; and
3. methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto.
G.
obligations under the Contract Documents, and as set forth immediately above, with respect to Contrac
H. Designation of Work Work will
be responsibility of Contractor rather than subcontractor or supplier who has prepared submittals.
8.e
February 12, 2024 Packet Pg. 387
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-25 October 4, 2023
Latest Revision December 18, 2023
I. The Contractor shall sign a statement with each submittal, certifying that the submittal has been checked by the Contractor and is in conformance with the Specifications. Any submittal received without this certification shall be returned AMEND AND RESUBMIT and count as one submittal under R.5.i of this Specification Section.
J.
material will be returned to Contractor with actions defined as follows.
1. NO EXCEPTIONS TAKEN A formal revision and resubmission of said submittal will not be required. Accepted subject to its compatibility with future submittals and additional partial submittals for portions of the Work not covered in this submittal does not constitute approval or deletion of specified or required items not shown on the submittal.
2. MAKE CORRECTIONS NOTED (NO RESUBMISSIONS REQUIRED)
Same as No. 1 above, except that minor corrections as noted shall be made by Contractor.
3. AMEND AND RESUBMIT Rejected because of major inconsistencies or errors that shall be resolved or corrected by Contractor prior to subsequent review by Engineer.
4. REJECTED The submittal is illegible or the submittal is so far out of compliance with the Contract Documents that the Contractor needs to try again, from scratch.
K. Contractor shall make a complete and acceptable submittal at least by second submission. City reserves the right to deduct monies from payments due to Contractor to cover additional costs of review beyond the second submission.
Illegible submittals will be rejected and returned to Contractor for resubmission.
Contractor shall be in breach of the Contract if it, following a submittal which City determines falls within No.
within No. 1 or 2 above.
L. Favorable review will not constitute acceptance by City or Engineer of any responsibility for the accuracy, coordination, and completeness of the submittals.
Accuracy, coordination, and completeness of submittals shall be the sole responsibility of Contractor, including responsibility to back-check comments, Contractor, subcontractors, or suppliers may prepare submittals, but Contractor shall ascertain that submittals meet requirements of Contract Documents, while conforming to structural space and access conditions at point of installation. will, after installation or incorporation in the Work, conform to the information given
8.e
February 12, 2024 Packet Pg. 388
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-26 October 4, 2023
Latest Revision December 18, 2023
in the Contract Documents and be compatible with the design concept of the completed Project, as indicated by the Contract Documents. Favorable review of submittal, method of Work, or information regarding materials and equipment Contractor proposes to furnish shall not relieve Contractor of responsibility for errors therein and shall not be regarded as assumption of risks or liability by City or Engineer, or any officer or employee thereof, and Contractor shall have no claim under Contract on account of failure or partial failure or inefficiency or insufficiency of any plan or method of Work or material and equipment so accepted. Favorable review shall be considered to mean merely that City and/or Engineer has no objection to Contractor using, upon his own full responsibility, plan or method of Work proposed, or furnishing materials and equipment proposed.
M.
sequences, or procedures of construction or to safety precautions or programs incident thereto. The review and approval of a separate item as such will not indicate approval of the assembly in which the item functions.
N. Submit complete initial submittal for those items where required by individual Specification Sections. Complete submittal shall contain sufficient data to demonstrate that items comply with Specifications, shall meet minimum requirements for submissions cited in Technical Specifications, shall include certifications, where required, and shall include necessary revisions required for equipment other than first named. If Contractor submits incomplete initial submittal, when complete submittal is required, submittal may be returned to Contractor without review.
O. , and distribute reviewed
, and vendors.
P. , and resubmit as
required.
Identify changes made since previous submittal.
1. Begin no fabrication or Work that requires submittals until return of submittals not requiring resubmittal.
2. Normally, submittals will be processed and returned to Contractor within ten (10) working days of receipt.
Q. Distribute copies of reviewed submittals to concerned persons. Instruct recipients to promptly report any inability to comply with provisions.
8.e
February 12, 2024 Packet Pg. 389
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-27 October 4, 2023
Latest Revision December 18, 2023
R. All Shop Drawings and submittals shall be number identified by Contractor, prior to submission to Engineer, in accordance with the following.
1. the basis for number identification of all Shop Drawings and submittals.
2. Affix the submittal number under which each submittal is made on every copy of each Shop Drawing, Product Data, Sample, Certification, O & M Manual, etc.
3. If the submittal is a resubmittal (including without limitation after an initial submittal is rejected, returned not reviewed, or marked revise as noted and 1 would be numbered 1A). Subsequent resubmittals would be identified by
4. All submittals shall include all information requested by each Specification Section. No partial submittals will be accepted unless previously authorized by Engineer. In the event a partial submittal is authorized, each subsequent different submittal (as opposed to resubmittal) is given a new number.
5. Number of Resubmissions:
i. One readditional readditional scope services to be paid by Contractor through City.
Engineer shall be paid hourly at 3.0 times direct payroll expenses and eer.
1.03 SCHEDULE OF SHOP DRAWINGS AND SAMPLE SUBMITTALS
A. Submit preliminary Schedule of Shop Drawing, Samples, and Product Data Submittals as required, no later than five (5) working days following receipt of Notice to Proceed from City.
B. Schedule of Shop Drawing, Samples, and Product Data Submittals will be used by City and Engineer to schedule their activities relating to review of submittals.
Schedule of submittals shall indicate a spreading out of submittals and early submittals of long lead-time items and of items that require extensive review.
C. Schedule of Shop Drawing, Samples, and Product Data Submittals shall be reviewed by City and shall be revised and resubmitted until accepted by City.
8.e
February 12, 2024 Packet Pg. 390
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-28 October 4, 2023
Latest Revision December 18, 2023
D. Unless otherwise specified, make submittals in groups containing all associated items to assure that information is available for checking each item when it is received. Identify on the submittal which submittals should be reviewed together.
E. The Contractor agrees that Shop Drawing Submittals processed by the City are not Change Orders; that the purpose of Shop Drawing Submittals by the Contractor is to demonstrate to the City that they understand the design concept, that the Contractor demonstrates their understanding by indicating which equipment, procedure, and material they intend to furnish and install and by detailing the proposed fabrication and installation methods. The Contractor further agrees that if deviations, discrepancies, or conflicts between Shop Drawing Submittals and the Contract Documents in the form of Design Drawings and Specifications are discovered either prior to or after Shop Drawing Submittals are processed by the City, the Design Drawings and Specifications shall control and shall be followed.
1.04 DELAY OF SUBMITTALS
A. Delay of submittals by Contractor is considered avoidable delay. Liquidated damages incurred because of late submittals will be assessed to Contractor.
B. The City may periodically inspect the Record Drawings at the site. The proper and current maintenance of the information required on these drawings shall be a condition precedent to approval of requisitions for periodic payment.
1.05 RECORD DRAWINGS
A. General: The Contractor shall keep and maintain, at the job site, one record set of Contract Drawings. On these, it shall mark all Project conditions, locations, configurations, and any other changes or deviations which may vary from the details represented on the original Contract Drawings, including buried or concealed construction and utility features which are revealed during the course of construction.
B. Special attention shall be given to recording the horizontal and vertical location of all buried utilities that differ from the locations indicated, or which were not indicated in the Contract Drawings. Said Record Drawings shall be supplemented by any detailed sketches, as necessary or directed, to indicate fully, the Work as actually constructed.
C. These Master Record Drawings - conditions, including all revisions made necessary by Addenda, Change Orders, and the like shall be maintained up-to-date during the progress of the Work.
8.e
February 12, 2024 Packet Pg. 391
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-29 October 4, 2023
Latest Revision December 18, 2023
D. In the case of those drawings which depict the detail requirement for equipment to be assembled in the factory, the Record Drawings shall be updated by indicating those portions which are superseded by Change Order Drawings or Final Shop Drawings, and by including appropriate reference information describing the Change Orders by number and the Shop Drawings by manufacturer, drawing, and revision numbers.
E. Record Drawings prepared by the Contractor shall be accessible to the Engineer at all times during the construction period and shall be delivered to the Engineer upon completion of the Work.
F. Effect on Progress Payments: Requests for partial payments will not be approved if the Record Drawings are not kept current. All such Record Drawings will be inspected by the City each month, showing all variations between the Work as actually constructed and as originally shown on the Contract Drawings or other Contract Documents, and the City will not process monthly payment requests until such drawings are made current each month.
G. Final Record Drawings: Upon substantial completion of the Work and prior to final acceptance by the City, the Contractor shall complete and deliver one bond copy set and an electronic scanned set in PFD format with legible red-line changes dated and signed by the Contractor to the City for approval. The redline changes shall conform to the construction records of the Contractor. This information will be assumed to be reliable, and the Engineer will not be responsible for the accuracy of such information, nor for any errors or omissions which may appear on the Record Drawings as a result.
PART 2 MATERIALS
NOT USED
PART 3 EXECUTION
NOT USED
PART 4 MEASUREMENT AND PAYMENT
Payment for complying with the provisions of Contractor Submittals, as well as for furnishing all related labor and materials for doing all the Work identified in this section shall be considered, as included in the Contract, lump sum paid for other Contract items, and no additional compensation shall be made.
END OF SECTION
8.e
February 12, 2024 Packet Pg. 392
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-30 October 4, 2023
Latest Revision December 18, 2023
SECTION 7 QUALITY CONTROL
PART 1 GENERAL
1.01 SITE INVESTIGATION AND CONTROL
A. The Contractor shall verify all dimensions in the field and shall check all field conditions continuously during construction. The Contractor shall be solely responsible for any inaccuracies built into the Work.
B. The Contractor shall inspect related and appurtenant Work and shall report in writing to the Engineer, any conditions which will prevent proper completion of the Work. Any required removal, repair, or replacement caused by the Contractor shall Work at its sole cost and expense.
1.02 INSPECTION OF THE WORK
A. General: The Work shall be conducted under the general observation of the Engineer and shall be subject to inspection by representatives of the City to verify strict compliance with the requirements of the Contract Documents.
B. The authorized representative of the Engineer on the Project site shall be the Project Engineer acting directly and through various inspectors at the site. The presence of the Inspectors, however, shall not relieve the Contractor of the responsibility for the proper execution of the Work in accordance with all requirements of the Contract Documents. Compliance is distinctly a duty of the Contractor, and said duty shall not be avoided by any act or omission on the part of the Inspector(s).
C. All materials and articles furnished by the Contractor shall be subject to rigid inspection, and no material or articles shall be used in the Work until it has been inspected and accepted by the Engineer or the City.
D. Inspection at Place of Manufacture: Unless otherwise specified, all products, materials, and equipment shall be subject to inspection by the Engineer at the place of manufacture if deemed necessary by the Engineer.
E. The presence of the Engineer at the place of manufacture, however, shall not relieve the Contractor of the responsibility for furnishing products, materials, procedures, and equipment which comply with all requirements of the Contract Documents.
8.e
February 12, 2024 Packet Pg. 393
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-31 October 4, 2023
Latest Revision December 18, 2023
1.03 SAMPLING AND TESTING
A. Unless otherwise specified, all sampling and testing shall be in accordance with the methods prescribed in the current standards of the ASTM or other specified published standards, as applicable to the class and nature of the article or materials considered; however, the City reserves the right to use any generally accepted system of sampling and testing, which, in the opinion of the Engineer, will indicate to the City that the quality of the workmanship is in full accord with the Contract Documents.
B. Any waiver by the City of any specific testing or other quality assurance measures, whether or not such waiver is accompanied by a guarantee of substantial performance as a relief from the specified testing or other quality assurance requirements as originally specified, and whether or not such guarantee is accompanied by a "performance bond" to assure execution of any necessary corrective or remedial Work, shall not be construed as a waiver of any prescriptive or performance requirements of the Contract Documents. "Performance Bond" as used herein, is a separate bond in addition to the Contract Performance Bond required in the General Conditions.
C. Notwithstanding the existence of such waiver, and in addition to any testing and inspection performed by any other Inspector on behalf of the City or any other public agency having jurisdiction, the Engineer shall have the right to make independent investigations and tests, and failure of any portion of the Work to meet any of the requirements of the Contract Documents, shall be reasonable cause for the Engineer to require the removal or correction and reconstruction of any such Work in accordance with the General Conditions.
1.04 TESTING AND INSPECTION SERVICES
A. An independent testing agency or laboratory acceptable to the City shall perform specified testing. Specified testing shall include, at the minimum, field moisture and density testing of fill, laboratory compaction curves, and other testing as required by the City Engineer. Refer to Technical Provisions Section 10 Part 3.01D for more information on specified testing methods.
B. The independent firm will perform tests, inspections, and other services specified in individual specification sections and as required by the Engineer.
1. Laboratory: Authorized to operate in the State of California.
2. Laboratory Staff: Maintain full-time specialist on staff to review services.
3. Testing Equipment: Calibrated at reasonable intervals with devices of accuracy traceable to National Bureau of Standards or accepted values of
8.e
February 12, 2024 Packet Pg. 394
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-32 October 4, 2023
Latest Revision December 18, 2023
natural physical constants.
C. Testing, inspections, and source quality control may occur on or off the Project site. Perform off-site testing as required by the Engineer or City.
D. Reports will be submitted by an independent firm to the Engineer and Contractor, indicating observations and results of tests and indicating compliance or non-compliance with Contract Documents.
E. Cooperate with independent firm; furnish samples of materials, design mix, equipment, tools, storage, safe access, and assistance by incidental labor, as requested.
1. Notify Engineer and independent firm 24 hours prior to expected time for operations requiring services.
2. Make arrangements with independent firm and pay for additional samples and tests required for Contractor's use.
F. Testing and employment of testing agency or laboratory shall not relieve Contractor of obligation to perform Work in accordance with requirements of Contract Documents.
G. Retesting or reinspection required because of non-conformance to specified requirements shall be performed by same independent firm on instructions by the Engineer. Payment for retesting or reinspection is the sole responsibility of the Contractor.
H. Agency Responsibilities:
1. Test samples of mixes submitted by Contractor.
2. Provide qualified personnel at site. Cooperate with Engineer and Contractor in performance of services.
3. Perform specified sampling and testing of products in accordance with Specified Standards.
4. Ascertain compliance of materials and mixes with requirements of Contract Documents.
5. Promptly notify the Engineer and Contractor of observed irregularities or non-conformance of Work or products.
8.e
February 12, 2024 Packet Pg. 395
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-33 October 4, 2023
Latest Revision December 18, 2023
6. Perform additional tests required by the City or Engineer.
7. Attend pre-construction meetings and progress meetings on request.
I. Agency Reports: After each test, promptly submit one copy of the report to the Engineer and to the Contractor. When requested by the Engineer, provide interpretation of test results. Include the following.
1. Date issued
2. Project title and number
3. Name of inspector
4. Date and time of sampling or inspection
5. Identification of product and specifications section
6. Location in Project
7. Type of inspection or test
8. Date of test
9. Results of tests
10. Conformance with Contract Documents
J. Limits On Testing Authority:
1. Agency or laboratory may not release, revoke, alter, or enlarge on requirements of Contract Documents.
2. Agency or laboratory may not approve or accept any portion of the Work.
3. Agency or laboratory may not assume duties of Contractor.
4. Agency or laboratory has no authority to stop the Work.
1.05 TESTING
A. Best Management Practices Construction Handbook, California Stormwater Quality Association, latest version: All materials, equipment, and Work included in this Contract shall be tested and inspected to prove compliance with the Contract requirements. Unless otherwise specified, all costs of testing, including temporary facilities and connections, shall be borne by the Contractor. No tests specified herein shall be applied until the item to be tested has been inspected and approval given for the application of such test.
Tests and inspections shall include:
1. Factory tests.
2. The delivery acceptance test and inspections.
3. The installed tests and inspections of items as installed.
4. Tests and inspections, unless otherwise specified or accepted, shall be in
8.e
February 12, 2024 Packet Pg. 396
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-34 October 4, 2023
Latest Revision December 18, 2023
accordance with the recognized standards of the industry.
The form of evidence of satisfactory fulfillment of delivery acceptance test and of installed test and inspection requirements shall be, at the discretion of the City, or reports of tests and inspections carried out by approved persons or organizations. The Contractor shall provide and use forms which include all test information, including specified operational parameters, and shall be acceptable in content to the City.
B. Factory Observations and Tests: At the request of the City, the Contractor shall arrange with the factory for the City or his/her representatives to observe the manufacturing process and to witness performance tests at the factory or point of manufacture of any and all items to be furnished as a part of this Contract. The Contractor shall inform the City in sufficient time to allow arrangements to be made for witness of manufacture and tests. Where the City elects not to observe the manufacture or witness such tests, the Contractor shall provide the City with certifications that the materials and equipment meet the requirements of the specifications.
C. Delivery Acceptance Tests and Inspections. The delivery acceptance tests and specified herein and shall include the following.
1. Test of items at the place of manufacture during and/or on completion of manufacture, comprising material tests, hydraulic pressure tests, electrical and instrumentation subsystem tests, electric and operating tests, and inspections in accordance with the relevant standards of the industry, and more particularly, as detailed in individual clauses of these specifications to satisfy the City that the items tested and inspected comply with the requirements of this Contract.
2. Inspection of all items delivered at the site or to any authorized place of storage in order that the City may be satisfied that such items are of the specified quality and are in good order and condition at the time of delivery.
To that end, the Contractor shall be prepared to remove all coverings, containers or crates to permit the City to conduct the inspection. Should the City find, in his/her opinion, indication of damage or deficient quality, the Contractor shall provide the necessary documentation or conduct tests deemed necessary by the City to demonstrate compliance.
D. Tests and Inspection: All materials and equipment shall be tested by the Contractor to the satisfaction of the City before any facility is put into operation. Tests shall be as specified in these specifications and shall be made to determine whether the materials
8.e
February 12, 2024 Packet Pg. 397
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-35 October 4, 2023
Latest Revision December 18, 2023
and equipment have been properly assembled, aligned, adjusted, and connected.
Any changes, adjustments, or replacements required to make the equipment operate as specified shall be carried out by the Contractor as part of the Work.
E. All gauges, meters, recorders, and monitors shall be provided by the Contractor, as required by the City, to supplement or augment the instrumentation system provided under this Contract to properly demonstrate that all materials and equipment fully satisfy the requirements of these specifications. All devices and systems shall be specifically selected to provide a level of uncertainty consistent with the variables to be monitored. All instruments shall be recently calibrated, and the Contractor shall be prepared at all times to demonstrate, through recalibration, the uncertainty of all instruments employed for testing purposes. Calibration procedures shall be in accordance with applicable standards of ASTM, ISA, and IEEE. The adequacy of all gauges, meters, recorders and monitors shall be subject to review of the City.
1.06 A. When specified in individual specification sections, require material or product suppliers or manufacturers to provide qualified staff personnel to observe site conditions, conditions of surfaces and installation, quality of workmanship, start-up of equipment, and test, adjust, and balance of equipment as applicable, and to initiate instructions when necessary.
B. Submit qualifications of observer to the Engineer thirty (30) days in advance of required observations. Observer subject to approval of Engineer.
C. Report observations and site decisions or instructions given to applicators or installers that are supplemental or contrary to manufacturers' written instructions.
1.07 DEFECTIVE MATERIAL TO BE REMOVED
A. All materials not conforming to the requirements of these Specifications shall be considered as defective; and all such materials, whether in place or not, shall be rejected and shall be removed immediately from the site of the Work.
PART 2 MATERIALS
NOT USED
PART 3 EXECUTION
NOT USED
8.e
February 12, 2024 Packet Pg. 398
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-36 October 4, 2023
Latest Revision December 18, 2023
PART 4 MEASUREMENT AND PAYMENT
Payment for complying with the provisions for Quality Control, as well as for furnishing all related labor, materials, tools, and equipment for doing all the Work identified in this section shall be considered, as included in the Contract, lump sum paid for other Contract items, and no additional compensation shall be made.
END OF SECTION
8.e
February 12, 2024 Packet Pg. 399
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-37 October 4, 2023
Latest Revision December 18, 2023
SECTION 8 WATER POLLUTION CONTROL
PART 1 GENERAL
1.01 WORK INCLUDED
A. Prohibit illicit discharge (non-rainwater) into the storm drain system.
B. Construct, inspect, and maintain any and all necessary systems to eliminate contaminants from entering the stormwater system.
C. Cleanup and control of worksite materials, spoils, and debris.
D. Removal of contaminants produced by the Project.
E. The Contractor will prepare the Water Pollution Control Plan (WPCP) in accordance with the latest version of the California Department of Transportation F. After job completion, removal of systems installed by the Contractor to control contaminants from entering the stormwater system.
G. The Work shall include the provision of all labor, materials, equipment, and apparatus not specifically mentioned herein or noted on the plans, but which are incidental and necessary to complete the Work specified.
1.02 REFERENCES, CODES, AND STANDARDS
A. Best Management Practices Construction Handbook, California Stormwater Quality Association, latest version.
B. 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.
R2-2022-0018a, NPDES No. CAS612008).
C. San Mateo Countywide Water Pollution Prevention Program (SMCWPPP).
D.
8.e
February 12, 2024 Packet Pg. 400
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-38 October 4, 2023
Latest Revision December 18, 2023
1.03 QUALITY ASSURANCE
A. All Work performed under this Contract and all Contractors and their associates and/or employees are required to comply with all applicable stormwater regulations and to implement Best Management Practices (BMPs) at all times.
B. All employees and subcontractors shall be trained on the stormwater pollution prevention requirements contained in these specifications. A supply of spill clean-up materials, such as rags or absorbents, shall be kept readily accessible on site.
PART 2 PRODUCTS
2.01 INLET PROTECTION
A. Gravel bag material for use in storm drain inlet protection and check dams shall be polypropylene, polyethylene, or polyamide fabric, minimum unit weight of 4 oz/yd2, Mullen burst strength exceeding 300 lb/in2 in conformance with the requirements
in ASTM designation D3786, and ultraviolet stability exceeding 70 percent in conformance with the requirements in ASTM designation D4355.
B. Gravel bag size for use in storm drain inlet protection and check dams shall have a length of 18 inches, width of 12 inches, thickness of 3 inches, and mass of approximately 33 pounds. Bag dimensions are nominal and may vary based on locally available material.
PART 3 EXECUTION
3.01 RECYCLING
A. At the end of each working day, all scrap, debris, and waste material shall be collected, and materials disposed of properly.
B. Dry, empty paint cans/buckets, old brushes, rollers, rags, and drop cloths shall be disposed of in approved waste collection.
C. Dumpsters shall be inspected for leaks. As leaks are detected, the trash hauling Contractor shall be contacted to replace or repair dumpsters that leak.
D. Water from cleaning dumpsters shall not be discharged on site.
E. Regular waste collection shall be arranged for before dumpsters overflow.
8.e
February 12, 2024 Packet Pg. 401
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-39 October 4, 2023
Latest Revision December 18, 2023
3.02 HAZARDOUS MATERIAL/WASTE MANAGEMENT/MATERIALS
MANAGEMENT
A. Designated areas of the Project site shall be proposed by the Contractor for approval by the Engineer suitable for material delivery, storage, and waste collection as far from catch basins, gutters, drainage courses, and creeks as possible.
B. All hazardous materials, such as pesticides, paints, thinners, solvents, and fuels; and all hazardous wastes, such as waste oil and antifreeze, shall be labeled and stored in accordance with state and federal regulations.
C. All hazardous materials and all hazardous wastes shall be stored in accordance with secondary containment regulations, and it is recommended that these materials and wastes be covered, as needed, to avoid potential management of collected rainwater as hazardous waste.
D. The Contractor shall dispose of all excess thinners, solvents, chemicals, oil-based and water-based paint as hazardous waste.
E. Regular hazardous waste collection shall be arranged to comply with time limits on the storage of hazardous waste.
F. Granular materials shall be stored a minimum of 10 feet from the closest catch basin and curb return. The Contractor shall not allow these granular materials to enter the storm drain or creek.
G. Warning signs shall be posted in areas containing or treated with chemicals.
H. An accurate up-to-date inventory, including Material Safety Data Sheets (MSDS) of hazardous wastes stored on site shall be kept and available to assist emergency response personnel in the event of a hazardous materials incident.
I. Maintenance and fueling of vehicles and equipment shall be performed in a designated, bermed area, or over a drip pan that will not allow runoff of spills.
Vehicles and equipment shall be regularly checked and have leaks repaired promptly. Secondary containment shall be used to catch leaks or spills any time that vehicle or equipment fluids are dispensed, changed, or poured.
3.03 CHEMICAL USAGE
A. When rain is forecast within 24 hours or during wet weather, the Engineer may prevent the Contractor from applying chemicals in outside areas.
8.e
February 12, 2024 Packet Pg. 402
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-40 October 4, 2023
Latest Revision December 18, 2023
B.
instructions shall be followed regarding uses, protective equipment, ventilation, flammability, and mixing of chemicals. Over application of a pesticide constitutes Agriculture Commissioner.
3.04 DUST CONTROL
A. Where possible, reclaimed water shall be used to control dust on a daily basis, as directed by the Engineer.
B. At the end of each working day, or as directed by the Engineer, the roadways and on-site paved areas shall be cleaned and swept of all materials attributed to or involved in the Work. Streets shall not be washed down into a storm drain or creek in lieu of street sweeping. Water wash may be picked up by a vacuum unit in lieu of sweeping.
3.05 SAWCUTTING
A. The Contractor shall cover or barricade catch basins using control measures, such as filter fabric, straw bales, sandbags, and fine earthen dams to keep slurry out of the storm drain system. The Contractor shall ensure that the entire opening is sealed.
B. Sawcutting debris and spoils be removed by shovel, absorption, vacuum, or pick up of waste prior to moving to the next location or at the end of each working day, whichever is sooner.
C. If slurry enters a catch basin, the slurry shall be removed from the storm drain immediately.
3.06 DEWATERING OPERATIONS
A. Water shall be routed through a control measure, as determined and approved by the Engineer, such as a sediment trap, sediment basin, or Baker tank, to remove settleable solids prior to discharge to the storm drain system. Filtration of the water following the control measure may be required on a case-by-case basis.
B. The filtered water shall be reused for other purposes, such as dust control or irrigation, to the extent possible.
C. If the Project is within an area of known groundwater contamination, the water from dewatering operations shall be tested prior to discharge. If the water meets the Regional Water Quality Control Board standards, it may be discharged into the storm drain.
8.e
February 12, 2024 Packet Pg. 403
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-41 October 4, 2023
Latest Revision December 18, 2023
3.07 CONCRETE GROUT AND MORTAR WASTE MANAGEMENT
A. Concrete, grout, and mortar shall be stored away from the drainage areas and ensure that these materials do not enter the storm drain system.
B. Concrete trucks shall not be washed out into streets, gutters, storm drains, drainage channels, or creeks.
C. Concrete trucks and equipment shall be washed out off site or in a designated area on site where the water will flow onto dirt or into a temporary pit or bermed area.
The water shall percolate into the soil and the hardened concrete placed in a waste container for disposal. If a suitable soil or bermed area is not available on site, the wash water shall be collected and removed off site and disposed of properly.
D. Water created by the washing of exposed aggregate concrete finish shall be collected in a suitable dirt area or filtered through straw bales or equivalent material before entering the storm drain system. Sweepings from exposed aggregate finish shall be collected and disposed of in a waste container or removed off site and disposed of properly.
3.08 SITE CLEANUP
A. The cleaning of equipment or materials shall not be performed on site or in the street using soaps, solvents, degreasers, steam cleaning, or equivalent methods.
B. All cleanup must be performed in a designated area that will not allow the cleaning rinse to flow off site or into streets, gutters, storm drains, or creeks.
PART 4 MEASUREMENT AND PAYMENT
The Contract lump-sum price paid for Water Pollution Control shall include full compensation for furnishing all labor, material, equipment, tools, and incidentals necessary to prepare and implement a water pollution control plan, as described above, as shown on the Plans, as specified in the Specifications, and the Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor.
END OF SECTION
8.e
February 12, 2024 Packet Pg. 404
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-42 October 4, 2023
Latest Revision December 18, 2023
SECTION 9 CLEARING AND GRUBBING
PART 1 GENERAL
1.01 WORK INCLUDED
The scope of Work shall include removing and disposing of all vegetation and debris (including earthen materials incidentally removed with vegetation and debris) and removing structures and obstructions located within the limits shown on the drawings or designated by the Engineer, except such objects as are designated to remain in place or are to be removed in accordance with other sections of these specifications. The Work shall also include the preservation from injury or defacement of all vegetation and objects designated to remain.
1.02 REFERENCES, CODES, AND STANDARDS
Clearing and grubbing shall conform to Section 17-2 of the 2022 Caltrans Standard Specifications.
PART 2 MATERIALS
NOT USED
PART 3 EXECUTION
3.01 GENERAL
A. The Engineer will establish the limits of the Work and will designate all trees, plants, shrubs, and other items to remain. The Contractor shall protect and preserve all items designated to remain.
B. Miscellaneous trimming of trees or shrubs designated to remain shall be conducted when directed by the Engineer. Trimming shall be in accordance with good tree surgery practice.
C. All vegetation and debris to be removed shall be disposed of by the Contractor within areas indicated on the drawings or areas approved by the Engineer. When burning is permitted, it shall be under the constant care of competent employees.
Burning shall be performed in a manner such that anything designated to remain on the right-of-way, the surrounding forest cover, or other adjacent property will not be jeopardized. Burning shall be done in accordance with all applicable laws and ordinances. The Contractor shall obtain all required permits.
8.e
February 12, 2024 Packet Pg. 405
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-43 October 4, 2023
Latest Revision December 18, 2023
D. The Contractor is responsible for (1) securing waste disposal sites, (2) obtaining written permission of the owner of the disposal site, and (3) securing any required permits, if none is indicated on the drawings. The cost of securing such sites shall be borne by the Contractor. If requested by the Engineer, the Contractor shall furnish the permit numbers of all required permits for disposal sites.
E. Merchantable timber within the clearing limits will become the property of the Contractor, unless otherwise specified.
3.02 GRUBBING
A. All trees, stumps, roots, and other objects not designated to remain shall be cleared and grubbed. If the area is not to be benched, the removal of undisturbed stumps and roots and non-perishable solid objects that will be a minimum of 4 feet below the embankment surface and that do not extend more than 6 inches above the original ground line, will not be required.
B. In areas outside of the grading limits of cut and embankment areas and to the established limits of the Work, all stumps and non-perishable solid objects permitted to remain in place shall be cut off not more than 6 inches above the ground line or low water level.
C. Except in areas to be excavated, stump holes and other holes from which obstructions are removed shall be backfilled with suitable materials and compacted in accordance with the Contract Documents.
3.03 HAND CLEARING
A. In areas where hand clearing is indicated on the drawings or designated by the Engineer, no equipment on wheels or tacks shall be used. Care shall be taken to ensure that the grass, moss cover, or the natural ground is not disturbed. Stumps shall be cut flush with the ground, except that in areas within four feet or more of embankment cover, stumps may be cut off six inches above the natural ground.
PART 4 MEASUREMENT AND PAYMENT
The Contract lump sum price paid for Clearing and Grubbing shall include full compensation for furnishing all labor, material, equipment, tools, and incidentals necessary to remove and dispose of all vegetation and debris as described above, as shown on the Plans, as specified in the Specifications, and the Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor.
END OF SECTION
8.e
February 12, 2024 Packet Pg. 406
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-44 October 4, 2023
Latest Revision December 18, 2023
SECTION 10 EARTHWORK
PART 1 GENERAL
1.01 SECTION INCLUDES
This Work shall consist of all labor, operations, and materials necessary for earthwork, including but not limited to, site preparation, demolition, excavation, grading, backfill of excavations and trenches, engineered fill placement, moisture conditioning, compaction, and disposal of excess material.
1.02 RELATED SECTIONS
Excavation shall conform to Section 19 of the 2022 Caltrans Standard Specifications.
1.03 REFERENCES
A. The following is a list of standards that may be referenced in this section.
1. Earthwork operations must comply with Section 19 of the 2022 Caltrans Standard Specifications.
2. ASTM D1557 Laboratory Compaction Characteristics of Soil Using Modified Effort (56,000 ft-lbs/cu. ft. (2,700 kN-m/cu. m.)).
3. ASTM D2487 Classification of Soils for Engineering Purposes (Unified Soil Classification System).
4. ASTM D6938 Standard Test Method for In-Place Density and Water Content of Soil and Soil Aggregate by Nuclear Methods (Shallow Depth).
5. Occupational Safety and Health Administration (OSHA) Standard 29 CFR 1926 Section 650.
6. ENGEO. 2023. Geotechnical Report, Big Canyon Park (Behind 3144 Brittan Avenue), San Carlos, California. August 23, 2023. Project No. 13387.000.024.
1.04 DEFINITION
A. Backfill
Materials used in refilling a cut, trench, or other excavation.
8.e
February 12, 2024 Packet Pg. 407
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-45 October 4, 2023
Latest Revision December 18, 2023
B. Compaction
The process of mechanically stabilizing a material by increasing its density at a percentage of the maximum density obtained by the test procedure described in ASTM D1557 for general s
C. Permeable Materials
A dense, well-graded aggregate mixture of sand, gravel, or crushed stone placed on a subgrade to provide a suitable foundation for pipes.
D. Satisfactory Materials
On-site soil is satisfactory, provided it is processed to remove concentrations of organic material, debris, and particles greater than 6 inches in maximum dimension. Import fill materials should meet on-site soil requirements and have a plasticity index less than 20.
E. Unsatisfactory or Unsuitable Materials
Materials that do not comply with the requirements for satisfactory materials are unsatisfactory. Unsatisfactory materials also include man-made fill; unstable materials; trash; refuse; backfill from previous construction; and material classified as satisfactory which contains root and other organic matter or frozen material.
The owner shall be notified of any contaminated materials.
F. Quality Assurance
1. All Work performed shall conform to local codes and regulations, including standards set forth in the Standard Specification of the State of California, Department of Transportation (Caltrans).
2. Upon discovery of unforeseen subsurface site conditions, the Contractor shall notify the inspector immediately.
3. Upon discovery of hazardous materials or staining or odor from soil, cease all activities and immediately contact the Engineer.
PART 2 MATERIAL
2.01 MATERIALS
The Contractor shall furnish fill materials and geotextile fabrics in accordance with
8.e
February 12, 2024 Packet Pg. 408
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-46 October 4, 2023
Latest Revision December 18, 2023
the requirements specified herein and the standard drawings.
2.01.1 Engineered Fill and Backfill
A. Engineered fill and backfill material may consist of approved material acquired from excavations or material hauled from outside the Project limits.
On-site soil is satisfactory, provided it is processed to remove concentrations of organic material, debris, and particles greater than 6 inches in maximum dimension. Import fill materials should meet on-site soil requirements and have a plasticity index less than 20.
B. The Engineer will determine which type of aggregate or other material which shall be used after observing the specific site conditions.
C. Suitable material identified on site shall be used first for embankments and backfill.
2.01.2 Permeable Materials
Permeable Materials shall be Class 2 Permeable Material, which must be clean and consist of any combination of the following.
ii. Broken stone
iii. Crushed gravel
iv. Natural rough surfaced gravel
v. Sand
vi. Processed reclaimed asphalt concrete, PCC, LCB, or CTB Use either 1½-inch or ¾-inch maximum aggregate gradation, unless otherwise specified.
PART 3 EXECUTION
3.01 GENERAL EXCAVATION
A. General
1. The excavation and backfill shall be finished to reasonably smooth and uniform surfaces.
2. Materials shall not be wasted without permission of Engineer.
3. Excavation operations shall be conducted so that material outside of the limits of Work will not be disturbed.
8.e
February 12, 2024 Packet Pg. 409
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-47 October 4, 2023
Latest Revision December 18, 2023
4. Prior to beginning grading operations in any area, all necessary clearing and grubbing in that area shall have been performed in accordance with Section
5. The Contractor shall notify the Engineer in sufficient time before beginning excavation or embankment such that the necessary topography and/or cross sections may be taken. The Contractor shall not excavate beyond the dimensions and elevations established, and material shall not be removed prior to surveying the site.
B. Excavation
1. Excavation shall be performed to fulfill the requirements indicated. Excavation shall include removal and disposal of all materials encountered. During excavation, material satisfactory for backfilling shall be stockpiled in an orderly manner at a distance from the banks of the trench equal to ½ the depth of the excavation, but in no instance closer than 2 feet. Excavated material not required or not satisfactory for backfill shall be disposed of off site. Surface water shall be prevented from flowing into the excavation, and any water accumulating shall be removed to maintain the stability of the bottom and sides of the excavation. Unauthorized overexcavation shall be at the Contractor
2. All excess material excavated from the Project site and not used for embankment shall be removed from the Project site and become the property of Contractor.
3. Where material encountered within the limits of the Work is considered unsuitable for embankment (fill) on any portion of this Project Work, such material shall be excavated, as directed by Engineer, and replaced with suitable fill material.
4. All unsuitable excavated material from excavation consisting of any type of debris (surface or buried), excavated rock, bedrock, or rocks larger than 6 inches in diameter, and boulders shall be hauled from the Project site and disposed of by Contractor.
5. Good surface drainage shall be provided around all permanent cuts to direct surface runoff away from the cut face.
C. Stockpiles
1. Stockpiles of excavated material shall be kept in a neat and well-drained condition, giving due consideration to drainage at all times. The ground surface at stockpile locations shall be cleared, grubbed, and sealed by
8.e
February 12, 2024 Packet Pg. 410
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-48 October 4, 2023
Latest Revision December 18, 2023
rubber-tired equipment. Excavated satisfactory and unsatisfactory materials shall be separately stockpiled. Stockpiles of satisfactory materials shall be protected from contamination which may destroy the quality and fitness of the stockpiled material. If the Contractor fails to protect the stockpiles, and any material becomes unsatisfactory, such material shall be removed and handled as unsatisfactory material, and replaced with satisfactory material at no additional cost to the owner. Stockpiles shall not be stored on the walkway.
D. Compaction
1. Compaction: Backfill material shall only consist of satisfactory material.
Subgrade surface on which backfill is to be placed shall be compacted to 90 percent relative compaction. The subgrade shall be firm, unyielding, and free of loose material. Compaction by water flooding or jetting will not be permitted.
i. Field Density Tests: Tests shall be performed in sufficient numbers to ensure that the specified density is being obtained. A minimum of one field density test per lift of backfill shall be performed. One moisture density relationship shall be determined for every 100 cubic yards of material used. Field in-place density shall be determined in accordance with ASTM D6938. When ASTM D6938 is used, the calibration curves shall be checked and adjusted, as described in paragraph calibration of the ASTM publication. Excavations improperly compacted shall be reopened to the depth directed, then refilled and compacted to the density specified at no additional cost to the owner.
2. Replacement of Unstable Material: Unstable material, as determined by the Geotechnical Engineer, removed from the bottom of the trench or excavation shall be replaced with satisfactory material placed and compacted in layers not exceeding 8 inches loose thickness.
3. Initial backfill material shall be placed in layers not exceeding 6 inches loose thickness and compacted with tampers to a height of at least 1 foot above the utility pipe. The backfill shall be brought up evenly on both sides of the pipe for the full length of the pipe. Care shall be taken to ensure thorough compaction of the fill under the haunches of the pipe.
4. Final Backfill: The remainder of the trench shall be filled with satisfactory material. Satisfactory material shall be placed in layers not exceeding 6 inches loose thickness for compaction by hand-operated machine compactors, and 8 inches loose thickness for other than hand-operated machines, unless otherwise specified. Each layer shall be compacted to at least 90 percent relative compaction unless otherwise specified.
8.e
February 12, 2024 Packet Pg. 411
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-49 October 4, 2023
Latest Revision December 18, 2023
E. Finish Grades
1. General: All areas covered by the Project, including excavated and filled sections and adjacent transition areas, shall be uniformly smooth graded. The finished surface shall be reasonably smooth, compacted, and free from irregular surface changes. The degree of finish shall be that ordinarily obtainable from blade-grader operations, except as otherwise specified.
Ditches and gutters shall be finished to permit adequate drainage.
2. Unsatisfactory Material: Soft or otherwise unsatisfactory material shall be replaced with satisfactory excavated material or other approved materials.
3. Finished Elevations: Low areas resulting from removal of unsuitable material or from excavation of rock shall be brought up to required grade with satisfactory materials, and the entire area shall be shaped to line, grade, and cross section, and shall be compacted as specified. The surface of embankments or excavated areas for road construction or other areas on which a base course or pavement is to be placed shall vary not more than
0.10 foot from the established grade and approved cross section. Surfaces other than those to be paved shall be finished not more than 0.20 foot above or below the established grade or approved cross section.
PART 4 MEASUREMENT AND PAYMENT
The Contract unit price paid for Earthwork shall be measured and paid per cubic yard. The price paid shall include full compensation for performing the scope of Work specified in this section, furnishing all labor, materials, tools, equipment, and for doing all Work as shown on the Plans, as specified in the Specifications, and the Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor.
END OF SECTION
8.e
February 12, 2024 Packet Pg. 412
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-50 October 4, 2023
Latest Revision December 18, 2023
SECTION 11 GEOGRID REINFORCEMENT PART 1 GENERAL
PART 1 GENERAL
1.01 WORK INCLUDED
The Work under this section includes providing all labor, materials, tools, and equipment necessary for furnishing and installing geogrid reinforcement, as shown on the plans and as directed by the Engineer.
1.02 REFERENCE STANDARDS
A. Geogrid reinforcement must comply with Section 96 of the 2022 Caltrans Standard Specifications.
PART 2 MATERIALS
A. Geogrid soil reinforcement (geogrid) shall be submitted to the Project Geotechnical Engineer and should be approved before use. The geogrid shall be a regular network of integrally connected polymer tensile elements with aperture geometry sufficient to permit significant mechanical interlock with the surrounding soil or rock. The geogrid structure shall be dimensionally stable and able to retain its geometry under construction stresses and shall have high resistance to damage during construction to ultraviolet degradation and to chemical and biological degradation encountered in the soil being reinforced. The geogrids shall have an allowable tensile strength (Ta) and pullout resistance for the soil type(s) as specified on design plans.
B. The Contractor shall submit a manufacturer's certification that the geogrids supplied meet Plans and Project Specifications. The Contractor shall check the geogrid upon delivery to ensure that the proper material has been received. During periods of shipment and storage, the geogrid shall be protected from temperatures greater than 140°F, mud, dirt, dust, and debris. Manufacturer's recommendations in regard to protection from direct sunlight must also be followed. At the time of installation, the geogrid will be rejected if it has defects, tears, punctures, flaws, deterioration, or damage incurred during manufacture, transportation, or storage.
If approved by ENGEO, torn or punctured sections may be repaired by placing a patch over the damaged area. Any geogrid damaged during storage or installation shall be replaced by the Contractor at no additional cost to the owner.
8.e
February 12, 2024 Packet Pg. 413
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-51 October 4, 2023
Latest Revision December 18, 2023
PART 3 EXECUTION
A. Geogrid material suppliers shall provide a qualified and experienced representative on site at the initiation of the Project, for a minimum of 3 days, to assist the Contractor and ENGEO personnel at the start of construction. If there is more than one slope on a Project, this criterion will apply to construction of the initial slope only. The representative shall also be available on an as needed basis, as requested by ENGEO, during construction of the remaining slope(s).
B. Geogrid reinforcement may be joined with mechanical connections or overlaps as recommended and approved by the manufacturer. Joints shall not be placed within 6 feet of the slope face, within 4 feet below top of slope, nor horizontally or vertically adjacent to another joint.
C. The geogrid reinforcement shall be installed in accordance with the manufacturer's recommendations. The geogrid reinforcement shall be placed within the layers of the compacted soil as shown on the plans or as directed. The geogrid reinforcement shall be placed in continuous longitudinal strips in the direction of main reinforcement. However, if the Contractor is unable to complete a required length with a single continuous length of geogrid, a joint may be made with the manufacturer's approval. Only one joint per length of geogrid shall be allowed. This joint shall be made for the full width of the strip by using a similar material with similar strength. Joints in geogrid reinforcement shall be pulled and held taut during fill placement.
D. Adjacent strips, in the case of 100 percent coverage in plan view, need not be overlapped. The minimum horizontal coverage is 50 percent, with horizontal spacing between reinforcement no greater than 36 inches. Horizontal coverage of less than 100 percent shall not be allowed unless specifically detailed in the Construction Drawings. Adjacent rolls of geogrid reinforcement shall be overlapped or mechanically connected where exposed in a wraparound face system, as applicable.
E. The Contractor may place only that amount of geogrid reinforcement required for immediately pending Work to prevent undue damage. After a layer of geogrid reinforcement has been placed, the next succeeding layer of soil shall be placed and compacted as appropriate. After the specified soil layer has been placed, the next geogrid reinforcement layer shall be installed. The process shall be repeated for each subsequent layer of geogrid reinforcement and soil. Geogrid reinforcement shall be placed to lay flat and pulled tight prior to backfilling. After a layer of geogrid reinforcement has been placed, suitable means, such as pins or small piles of soil, shall be used to hold the geogrid reinforcement in position until the subsequent soil layer can be placed.
8.e
February 12, 2024 Packet Pg. 414
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-52 October 4, 2023
Latest Revision December 18, 2023
F. Under no circumstances shall a track type vehicle be allowed on the geogrid reinforcement before at least 6 inches of soil has been placed. Turning of tracked vehicles should be kept to a minimum to prevent tracks from displacing the fill and the geogrid reinforcement. If approved by the manufacturer, rubber tired equipment may pass over the geosynthetic reinforcement at slow speeds, less than 10 mph. Sudden braking and sharp turning shall be avoided. During construction, the surface of the fill should be kept approximately horizontal.
Geogrid reinforcement shall be placed directly on the compacted horizontal fill surface. Geogrid reinforcements are to be placed as shown on plans, and oriented correctly.
PART 4 MEASUREMENT AND PAYMENT
The Contract unit price paid for Geogrid Reinforcement shall be measured and paid per square foot. The price paid shall include full compensation for furnishing all labor, materials, tools, and equipment and for doing all Work to install the geogrid reinforcement, as shown on the Plans, as specified in the Specifications, and the Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor.
END OF SECTION
8.e
February 12, 2024 Packet Pg. 415
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-53 October 4, 2023
Latest Revision December 18, 2023
SECTION 12 SUBDRAIN PIPES
PART 1 GENERAL
1.03 WORK INCLUDED
The Work under this section includes providing all labor, materials, tools, and equipment necessary for furnishing and installing underdrain as shown on the plans and as directed by the Engineer.
1.04 REFERENCE STANDARDS
A. Underdrain/Subdrain Work shall conform to Section 68-2 of the 2022 Caltrans Standard Specifications.
B. Excavation and backfill must comply with Section 6.
C. Permeable Material must conform to Section 68 (Class 2 Permeable Material) of the 2022 Caltrans Standard Specifications.
D. Filter Fabric for use with underdrains must comply with Section 96 of the 2022 Caltrans Standard Specifications.
PART 2 MATERIALS
2.01 SUBDRAIN PIPES
A. Perforated and non-perforated pipe shall be 6-inch diameter made of polyvinyl chloride (PVC).
B. Perforated and non-perforated corrugated PVC plastic pipe shall conform to the requirements of ASTM D3034.
C. Subdrain system should consist of a minimum 6-inch-diameter perforated pipe encased in Caltrans Class 2 permeable material or crushed rock wrapped in filter fabric.
2.02 SUBDRAIN OUTLETS AND RISERS
Subdrain outlets and risers must be fabricated from the same materials as the subdrain pipe. Outlets, risers, and fittings must not be perforated. Covers must be fitted and bolted into the riser pipe or elbow. Subdrain outlets and riser covers must seat uniformly and not be subjected to rocking.
8.e
February 12, 2024 Packet Pg. 416
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-54 October 4, 2023
Latest Revision December 18, 2023
2.03 PERMEABLE MATERIALS
Permeable materials for use under, around, and over underdrains must consist of hard, durable, clean sand, gravel, or crushed stone and must be free from organic materials, clay balls, or other deleterious substances. The percentage composition by weight of Class 2 permeable material in place must comply with the gradation requirements shown in the following table.
Class 2 permeable material must have a sand equivalent value of not less than 75.
2.04 FILTER FABRIC
Filter fabric must be manufactured from one of the following. ii. Polyester
iii. Polypropylene
iv. Combined polyester and polypropylene.
Filter fabric shall meet the following minimum average roll values unless specified elsewhere by ENGEO.
Grab Strength (ASTM D4632) .....................................................................180 lbs Mass per Unit Area (ASTM D4751) ...........................................................6 oz/yd2 Apparent Opening Size (ASTM D4751)..............................70-100 U.S. Std. Sieve Flow Rate (ASTM D4491)..................................................................80 gal/min/ft2 Puncture Strength (ASTM D4833).................................................................80 lbs Areas to receive filter fabric must comply with the compaction and elevation tolerance specified for the material involved. Handle and place filter fabric per the manufacturer's instructions. Align and place filter fabric without wrinkles.
8.e
February 12, 2024 Packet Pg. 417
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-55 October 4, 2023
Latest Revision December 18, 2023
recommendations. The preceding roll must overlap the following roll in the direction that the permeable material is being spread. Completely replace torn or punctured sections damaged during placement or repair by placing a piece of filter fabric that is large enough to cover the damaged area and comply with the overlap specified.
Cover filter fabric with the thickness of overlying material shown within 72 hours of placing the fabric.
PART 3 EXECUTION
3.01 The subdrain system shall generally be installed in keyways. Keyway subdrain systems shall be installed at the rear base of the keyway excavations.
3.02 Secondary bench subdrains are required and shall be installed at the bench halfway between the keyway drain and the top-of-slope.
3.03 Trenches shall be excavated to the dimensions and grade shown on the drawings or as directed by the Engineer.
3.04 Perforated pipes shall be placed with the perforation down. The pipe sections shall be joined securely with the appropriate coupling bands or fittings.
3.05 After the pipe installation has been inspected and approved, permeable material shall be placed and compacted to a minimum height of 18 inches above the bottom of the pipe.
PART 4 MEASUREMENT AND PAYMENT
The Contract unit price paid for 6-inch PVC pipe underdrain (perforated) (Subdrain Pipes) shall be measured and paid per linear foot. The price paid shall include full compensation for furnishing all labor, materials, tools, and equipment and for doing all Work to install the underdrains including filter fabric, permeable material, connecting to existing underdrain pipes, as shown on the Plans, as specified in the Specifications, and the Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor.
END OF SECTION
8.e
February 12, 2024 Packet Pg. 418
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-56 October 4, 2023
Latest Revision December 18, 2023
SECTION 13 DRAINAGE GEOCOMPOSITE
PART 1 GENERAL
1.01 SUMMARY
A. The Contractor shall furnish all labor, materials, tools, supervision, transportation, and installation equipment necessary for the installation of geocomposite, as specified herein and as shown on the Construction Drawings.
B. The Contractor shall install geocomposite in conjunction with the earthwork and other components of the Project.
1.02 REFERENCE STANDARDS
A. Latest Version of American Society for Testing and Materials (ASTM) standards.
1. ASTM D1238, Standard Test Method for Measuring Melt Flow Rates of Thermoplastics by Extrusion Plastometer.
2. ASTM D1505, Standard Test Method for Density of Plastics by the Density Gradient Technique.
3. ASTM D4218, Standard Test Method for Determination of Carbon Black Content in Polyethylene Compound by the Muffle Furnace Technique.
4. ASTM D4716, Standard Test Method Determining the (In Plane) Flow Rate Per Unit Width and Hydraulic Transmissivity of Geosynthetic Using a Constant Head.
5. ASTM D7179, Standard Test Method for Determining Geonet Breaking Force.
6. ASTM D5199, Standard Test Method for Measuring Nominal Thickness.
7. ASTM D5261, Standard Test Method for Measuring the Mass Per Unit Area of Geonet and Geotextiles.
8. ASTM D4751, Standard Test Method for Determining Apparent Opening Size of Geotextiles.
9. ASTM D4491, Standard Test Method for Water Permeability of Geotextiles by Permittivity method.
10. ASTM D4533, Standard Test Method Trapezoid Tearing Strength of Geotextiles.
8.e
February 12, 2024 Packet Pg. 419
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-57 October 4, 2023
Latest Revision December 18, 2023
11. ASTM D4632, Standard Test Method for Grab Breaking Load and Elongation of Geotextiles (Grab Method).
12. ASTM D6241, Standard Test Method for CBR Puncture Resistance of Geotextiles.
1.03 QUALIFICATIONS
A. MANUFACTURER
1. The geocomposite manufacturer shall be responsible for the production of geocomposite rolls and shall be well established firm with more than 10 years of experience in the manufacture of geocomposite.
2. The geocomposite manufacturer shall have manufactured a minimum of 10,000 square feet of geocomposite during the last year.
B. INSTALLER
1. The installer shall be responsible for field handling, storing, deploying, seaming or joining, temporary restraining against wind, anchoring systems, and other site aspects of the geocomposite.
2. The installer shall be trained and qualified to install geocomposites.
3. The installer shall have a minimum of 1,000,000 square feet of geocomposite in the last 5 years.
4. The installation supervisor shall have Worked in a similar capacity on projects similar in complexity to the Project described in the Contract Documents.
1.04 MATERIAL LABELING, DELIVERY, STORAGE, AND HANDLING A. LABELING
Each roll delivered to the site shall be wrapped and labeled by the manufacturer.
The label will identify the following.
i.
ii. Product identification
iii. Length
iv. Width
v. Roll number
8.e
February 12, 2024 Packet Pg. 420
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-58 October 4, 2023
Latest Revision December 18, 2023
B. DELIVERY
Rolls will be prepared to ship by appropriate means to prevent damage to the material and to facilitate offloading.
C. STORAGE
The on site storage location provided by the Contractor to protect the geocomposite from abrasions, excessive dirt, and moisture, and shall have the following characteristics.
i. Level (no wooden pallets)
ii. Smooth and dry surface
iii. Protected from theft and vandalism
D. HANDLING
1. The Contractor and installer shall handle all rolls in such a manner to ensure they are not damaged in any way.
2. The installer shall take necessary precautions to prevent damage to underlying layers during placement of the geocomposite.
1.05 WARRANTY
A. Material shall be warranted on a pro rata basis against defects for a period of 1 year from the date of the geocomposite installation.
B. Installation shall be warranted against defects in Workmanship for a period of 1 year from the date of the geocomposite installation.
PART 2 MATERIALS
2.01 GEOCOMPOSITE PROPERTIES
Property Test Method Required Qualifier
Geonet
Thickness (mil) ASTM D5199 200 MAV(3)
Carbon Black (%) ASTM D4218 2.0 MAV
Tensile Strength (lb/in) ASTM D7179 45 MAV
Melt Flow (g/10 min) ASTM D1238(2) 1.0 Maximum
Density (g/cm3) ASTM D1505 0.94 MAV
Transmissivity(1) (gal/min/ft) ASTM D4716 9.67 (2.0 x 10-3) MAV
8.e
February 12, 2024 Packet Pg. 421
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-59 October 4, 2023
Latest Revision December 18, 2023
Geocomposite
Ply Adhesion ASTM D7005 1.00 MAV
Transmissivity(1) (gal/min/ft) ASTM D4716 0.48 (1.0 x 10-4) MAV Geotextile
Fabric Weight (oz/yd2) ASTM D5261 6 MARV(4)
Grab Tensile (lb) ASTM D4632 160 MARV
Grab Elongation (%) ASTM D4632 50 MARV
Trapezoid Tear Strength (lb) ASTM D4533 65 MARV
CBR Puncture (lb) ASTM D6241 450 MARV
Water Flow(5) (gpm/ft2) ASTM D4491 125 MARV
Permittivity(5) (sec-1) ASTM D4491 1.63 MARV
Permeability(5) (cm/sec) ASTM D4491 0.30 MARV
AOS (US Sieve) ASTM D4751 70 MaxARV
Notes:
1.Transmissivity measured using water at 21+2 oC (70+4 oF) with a gradient of 0.1 and a confining pressure of 10,000 psf between steel plates after 15 minutes.
2.Condition 190/2.16.
3.Minimum average value.
4.MARV is statistically defined as mean minus two standard deviations and it is the value which is exceeded by 97.5% of all the test data.
5.At the time of manufacturing. Handling may change these properties.
2.02 MANUFACTURER QUALITY CONTROL
A. The geocomposite shall be manufactured with quality control procedures that meet generally accepted industry standards.
B. The geocomposite manufacturer shall sample and test the geocomposite rolls to demonstrate that the material conforms to the requirements of this section.
C. Any geocomposite sample that does not comply with this section shall result in rejection of the roll from which the sample was obtained. The rejected roll shall not be used.
D. The geocomposite shall be tested by the geocomposite manufacturer for quality physical and mechanical properties.
E. Geocomposite shall be supplied in rolls wrapped in relatively impermeable and opaque covers.
2.03 TRANSPORT
A. Transportation of the geocomposite shall be the responsibility of the Contractor.
8.e
February 12, 2024 Packet Pg. 422
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-60 October 4, 2023
Latest Revision December 18, 2023
B. During shipment, the geocomposite shall be protected from ultraviolet light exposure, precipitation, mud, dirt, dust, puncture, or other damaging and deteriorating conditions.
PART 3 EXECUTION
3.01 FAMILIARIZATION
A. Prior to implementing any of the Work, the installer shall carefully inspect the installed Work and verify that all Work is complete to the point where the next installation may properly commence without adverse impact.
B. If the installer has any concerns regarding the installed Work, he/she shall notify the Project Engineer.
3.02 MATERIAL PLACEMENT
A. The geocomposite rolls shall be handled in such manner as to ensure that they are not damaged in any way.
B. The geocomposite shall be installed to the lines and grades as shown on the Contract Drawings and as described herein.
C. The geocomposite shall be rolled down the slope in such manner as to continuously keep the geocomposite in tension by self weight. The geocomposite shall be securely anchored in an anchor trench, where applicable, or by other approved or specified methods.
D. In the presence of wind, all geocomposite shall be weighted down with sandbags or approved equivalent. Such anchors shall be used during placement and shall remain in place until replaced with cover material.
E. The Contractor shall take necessary precautions to prevent damage to adjacent or underlying materials during placement of the geocomposite.
F. The Contractor shall take care not to entrap soil, stones, or excessive moisture in the geocomposite during placement.
G. After unwrapping, the geocomposite shall not be exposed to direct sunlight for more than 21 days unless approved by the Engineer.
H. In applying fill material, no equipment can drive directly across the geocomposite.
The specified fill material shall be placed and spread utilizing vehicles with low ground pressure.
8.e
February 12, 2024 Packet Pg. 423
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-61 October 4, 2023
Latest Revision December 18, 2023
I. Placement of cover soil shall proceed immediately following the placement and inspection of the geocomposite.
3.03 SEAMS AND OVERLAPS
A. Each component of the geocomposite shall be secured or seamed to the like component at overlaps.
B. Adjacent edges along the length of the geonet roll shall be overlapped a minimum of 4 inches or as recommended by the Engineer.
C. The overlapped edges shall be joined by tying the geonet using natural or yellow cable ties spaced every 5 feet along the roll length.
D. Adjoining rolls across the roll width should be shingled down in the direction of the slope and joined together with cable ties spaced every 1 foot along the roll width geotextiles components.
E. The geocomposite shall be seamed using heat seaming or stitching methods as recommended by the manufacturer and approved by the Engineer. All sewn seams shall be continuous.
F. Seams shall be oriented down slopes perpendicular to grading contours, unless otherwise specified.
G. Polymeric thread with chemical resistance properties equal to or exceeding those of the geocomposite shall be used for all sewing.
3.04 REPAIR
A. Prior to covering the deployed geocomposite, each roll shall be inspected for damage resulting from construction.
B. Any rips, tears, or damaged areas on the deployed geonet shall be removed and patched. The patch shall be secured to the original geonet by tying every 6 inches with approved tying devices. If the area to be repaired is more than 50 percent of the width of the panel, the damaged area shall be cut out and two portions of the remaining geonet shall be joined in accordance with above Subsection 3.03.
C. Care shall be taken to remove any soil or other material that may have penetrated to geonet.
8.e
February 12, 2024 Packet Pg. 424
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-62 October 4, 2023
Latest Revision December 18, 2023
PART 4 MEASUREMENT AND PAYMENT
The Contract unit price paid for Drainage Composite shall be measured and paid per square yard. The price paid shall include full compensation for performing the scope of Work specified in this section, furnishing all labor, materials, tools, and equipment, and for doing all Work as shown on
the Plans, as specified in the Specifications, and the Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor.
END OF SECTION
8.e
February 12, 2024 Packet Pg. 425
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-63 October 4, 2023
Latest Revision December 18, 2023
SECTION 14 EROSION CONTROL
PART 1 GENERAL
1.01 SUMMARY
A. Erosion control shall conform to Section 21 of the 2022 Caltrans Standard Specifications.
B. This Work shall consist of applying permanent measures to the soil surface needed to control erosion. These measures shall include, but not be limited to, synthetic erosion control mat and/degradable erosion control blanket for slope face protection and lining of runoff channels. The specific erosion control material and supplier shall be preapproved by the Engineer.
C. These measures shall be installed at the locations where needed to control erosion after the construction of the Project, as noted on the plans and as directed by Engineer.
1.02 REFERENCE STANDARDS
A. Erosion control Work shall conform to Section 21-2 of the 2022 Caltrans Standard specifications.
B. Erosion control mat/blanket shall conform to Section 21-2.02O of the 2022 Caltrans standard specifications.
PART 2 MATERIALS
A. All materials shall be submitted for approval before installation.
B. Materials may include hay bales, straw, fiber mats, fiber netting, wood cellulose, fiber fabric, gravel, and other suitable materials, and shall be reasonably clean, free of deleterious materials, and certified weed free.
PART 3 EXECUTION
3.01 SITE PREPARATION
A. Before placing erosion control mat/blanket, the Contractor shall certify that the subgrade has been properly compacted, graded smooth, has no depression, voids, soft, or uncompacted areas, is free from obstructions such as tree roots, or other foreign matter, and is seeded and fertilized. The Contractor shall not proceed until all unsatisfactory conditions have been remedied.
B.
8.e
February 12, 2024 Packet Pg. 426
City of San Carlos Landslide Repair
Big Canyon Park (Behind 3144 Brittan Avenue) Technical Provisions Page |TP-64 October 4, 2023
Latest Revision December 18, 2023
C. The Contractor shall fine grade the subgrade by hand dressing, where necessary, to remove local deviations.
3.02 SEEDING
Apply seed to soil surface before installing blanket. Disturbed areas shall be reseeded.
3.03 INSTALLATION ON SOIL SLOPES
A.
Installation Guidance, Staple Pattern Guides, and CAD details. The extent of erosion control mat/blanket shall be as shown on the Project Drawings.
B. Erosion control mat/blanket shall be orientated in vertical strips and anchored with staples, as identified in the Staple Pattern Guide. Adjacent strips shall be abutted or overlapped to allow for installation of a common row of staples that anchor through the nettings of both mats/blankets. Horizontal joints between erosion control mats/blankets shall be sufficiently overlapped with the uphill end on top for a common row of staples so that the staples anchor through the nettings of both mats/blankets.
C. Where exposed to overland sheet flow, a trench shall be located at the uphill termination. Erosion control mat/blanket shall be stapled to the bottom of the trench. The trench shall be backfilled and compacted. Where feasible, the uphill end of the mat/blanket shall be extended 3 feet over the crest of the slope.
D. Slope erosion control mat/blanket shall be overlapped by the channel erosion control mats/blanket sufficiently for a common row of staples to anchor through the nettings of both mats/blankets when terminating into a channel.
PART 4 MEASUREMENT AND PAYMENT
The Contract unit price paid for Erosion Control shall be measured and paid per square foot. The price paid shall include full compensation for performing the scope of Work specified in this section, furnishing all labor, materials, tools, and equipment, and doing all Work to seed and install erosion control mat, as shown on the Plans, as specified in the Specifications, and the Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefor.
END OF SECTION
8.e
February 12, 2024 Packet Pg. 427
APPENDICES
8.e
February 12, 2024 Packet Pg. 428
APPENDIX A
Daily Work Report
8.e
February 12, 2024 Packet Pg. 429
8.e
February 12, 2024 Packet Pg. 430
APPENDIX B
Geotechnical Report
8.e
February 12, 2024 Packet Pg. 431
GEOTECHNICAL
ENVIRONMENTAL
WATER RESOURCES
CONSTRUCTION SERVICES
COASTAL/MARINE GEOTECHNICS
2010 Crow Canyon Place, Suite 250 San Ramon, CA 94583 (925) 866-9000 Fax (888) 279-2698 www.engeo.com
Project No.
13387.000.024
August 23, 2023
Mr. Vatsal Patel
City of San Carlos, Public Works Department
600 Elm Street
San Carlos, CA 94070
Subject: Big Canyon Park (behind 3144 Brittan Avenue)
San Carlos, California
GEOTECHNICAL RECOMMENDATIONS FOR LANDSLIDE REPAIR
Dear Mr. Patel:
As requested, we performed a geotechnical exploration to provide recommendations for the repair of the landslide that occurred in winter 2023, in the open area of Big Canyon Park, north of the residence at 3144 Brittan Avenue in San Carlos, California (Figure 1). This letter presents our findings, analysis, and recommendations for mitigation.
INTRODUCTION
The purpose of this report, as described in our proposal dated July 19, 2023, is to perform a geotechnical exploration and provide engineering design recommendations in support of the landslide repair. We performed the following services.
Review of available historical aerial photographs, topographic maps, and geologic maps for the study area
Subsurface exploration consisting of three soil borings Topographic survey of the landslide area
Laboratory testing of select materials sampled during the field exploration Construction of a geologic cross-section
Geotechnical data analyses
Letter preparation summarizing our conclusions and recommendations for the landslide repair During recent heavy rains in the winter months of 2022/2023, a slope failure occurred on the open slope north of 3144 Brittan Avenue. We visited the site in January 2023, following the failure. We observed the toe of a slump located immediately behind (and upslope of) the 6-foot-tall landscaping retaining wall, located roughly 45 feet north of the residence, in the backyard of 3144 Brittan Avenue. Approximately 40 feet upslope from the top of the retaining wall, we
8.e
February 12, 2024 Packet Pg. 432
City of San Carlos, Public Works Department 13387.000.024 Big Canyon Park (behind 3144 Brittan Avenue) August 23, 2023 GEOTECHNICAL RECOMMENDATIONS FOR LANDSLIDE REPAIR Page 2 observed groundwater seepage about 1 to 2 feet below the adjacent ground surface where soil eroded away forming a drainage gully. The flow of water and debris were directed downslope towards the landscaping wall in the rear yard of 3144 Brittan Avenue. Further upslope, the scarp of the slump was visible. At the time of our visit, we observed the width of the distress was approximately 50 feet wide. The scarp appeared to have dropped 4 feet vertically from the original slope surface. We understand that City staff covered the slide mass with a plastic tarp and sandbags in January to help prevent further water infiltration and movement of the landslide as the winter progressed.
We retained the services of a registered surveyor to complete a topographic survey of the landslide area on August 2, 2023. During this survey, the landslide was measured to be approximately 50 feet in width at its widest point and 75 feet in length (Figure 1). Topographic relief across the length of the landslide is approximately 30 feet. An approximately 3-foot-high scarp is present at the head of the landslide.
FINDINGS
The site is located within the Coast Ranges geomorphic province, which is dominated by a series of northwest-trending, fault-bounded mountain ranges and intervening alleviated valleys.
Regional geologic mapping by Pampeyan et al (Geology map of the Montara Mountain and San Mateo , 1994) indicates that the failure area is underlain at depth by Jurassic-age greywacke sandstone (KJfs) of the Franciscan Formation.
The site is located near active faults in the seismically active San Francisco Bay region. Numerous small earthquakes occur every year in the region, and large (greater than Moment Magnitude 7) earthquakes have been recorded and can be expected to occur in the future. The California Geologic Survey (CGS) defines an active fault as one that has had surface displacement within Holocene time (about the last 11,700 years) (CGS, 2018).
We determined the distance to faults in the area using The United States Geological Survey (USGS) Unified Hazard Tool, which uses specific fault segments for analysis. We disaggregated the hazard at the peak ground acceleration (PGA) for a 2,475-year return period. The resulting fault segments are listed in Table 1.
TABLE 1: Active Faults Capable of Producing Significant Ground Shaking at the Site. Latitude: 37.485186° Longitude: -122.279701°
FAULT NAME DISTANCE FROM
SITE (miles)
MAXIMUM MOMENT
MAGNITUDE
San Andreas (Peninsula) [6] 3.3 7.81
Monte Vista Shannon [0] 3.7 6.74
Pilarcitos [4] 6.6 7.45
Notes: Based on USGS Unified Hazard Tool: Dynamic Conterminous U.S. 2014 (update) (v4.2.0). Numbers in brackets following the fault name refer to specific fault segments
8.e
February 12, 2024 Packet Pg. 433
City of San Carlos, Public Works Department 13387.000.024 Big Canyon Park (behind 3144 Brittan Avenue) August 23, 2023 GEOTECHNICAL RECOMMENDATIONS FOR LANDSLIDE REPAIR Page 3 The fault segments listed above represent sources contributing at least 1 percent to the seismic hazard at the site at the PGA and for the given return period. Gridded or areal sources were not included. The 2015 Working Group on California Earthquake Probabilities evaluated the 30-year probability of a Moment Magnitude 6.7 or greater earthquake occurring on the known active fault systems in the Bay Area in the Third Uniform California Earthquake Rupture Forecast (UCERF3).
UCERF3 estimated an overall probability of 72 percent for the Bay Area as a whole, a probability of
14.3 percent for the Hayward fault.
We reviewed historical aerial photographs of the site dated 1941 through 2023, available on www.historicaerials.com, Nearmap Imagery, and FrameFinder, an online database by University of California, Santa Barbara online database. Review of the photographs indicates that the slope north of 3144 Brittan Avenue has consisted of undeveloped open space since the earliest historical data available. No past landslide events have been observed.
The field exploration for this study included drilling three exploratory borings on July 29, 2023, to a maximum depth of 11 feet with a portable minuteman-type rig equipped with a 4-inch-diameter solid flight auger. The borings were permitted by San Mateo County Environmental Health. The borings were logged in the field and soil samples were collected using either a 2½-inch inside diameter (I.D.) California-type split-spoon sampler fitted with 6-inch-long brass liners or a 2-inch outside diameter (O.D.) Standard Penetration Test (SPT) split-spoon sampler. The penetration of the samplers into underlying materials was recorded as the number of blows needed to drive the sampler 18 inches in 6-inch increments. The samplers were driven with a 140-pound hammer falling a distance of 30 inches employing a rope and cathead system.
Figure 1 presents the approximate locations of the exploratory borings obtained by the surveyor.
Borring logs are attached in Appendix A. The boring logs record blow count results as the actual number of blows required for the last 1 foot of penetration; no conversion factors have been applied.
Boring 1-B1 is located behind the headscarp, and the subsurface conditions encountered represent an undisturbed (by the slope failure) soil profile, whereas Borings 1-B2 and 1-B3 are located within the landslide limits. We encountered medium dense, fine- to coarse-grained poorly graded sand and silty sand in the upper 7 feet of 1-B1, which we interpret as native soil. We encountered a ½- to 1-foot-thick stiff clay layer from approximately 6½ feet to 7½ feet below ground surface. The stiff clay layer is above the bedrock. In Borings 1-B2 and 1-B3, we encountered loose poorly graded sand and silty sand in the upper 2 to 3 feet, which we interpret as landslide debris resulting from the recent slope failure. Below a depth of 3 feet, we encountered soft, highly plastic, clay to a depth of 5 and 5½ feet, which we interpret as landslide debris from the same storm event. In all three borings, we encountered highly weathered, highly fractured, and very weak Jurassic-age Franciscan sandstone at depths of 5 to 7 feet. We reached auger and sampler refusal in the three borings at depths of 6 to 10 feet below existing grade.
8.e
February 12, 2024 Packet Pg. 434
City of San Carlos, Public Works Department 13387.000.024 Big Canyon Park (behind 3144 Brittan Avenue) August 23, 2023 GEOTECHNICAL RECOMMENDATIONS FOR LANDSLIDE REPAIR Page 4 We performed the following laboratory tests on select samples recovered during drilling.
TABLE 2: Laboratory Testing
SOIL CHARACTERISTIC TESTING METHOD LOCATION OF RESULTS
Natural Unit Weight and Moisture Content ASTM D7263 Appendix A Atterberg Limits ASTM D4318 Appendix B
#200 Wash ASTM D1140 Appendix B
Isotropic Triaxial Unconsolidated-Undrained
Compressive Test ASTM D2850 Appendix B
The laboratory test results are shown on the boring logs (Appendix A), with individual test results presented in Appendix B.
The 2022 California Building Code (CBC) utilizes seismic design criteria established in the teria for Buildings and Other
-16). Based on the subsurface conditions encountered, we characterized the site as Site Class C. In Table 3, we provide the 2022 CBC seismic parameters.
TABLE 3: 2022 CBC Seismic Design Parameters
Latitude: 37.485186° Longitude: -122.279701°
PARAMETER VALUE
Site Class C
Mapped MCER Spectral Response Acceleration at Short Periods, SS (g) 2.15 Mapped MCER Spectral Response Acceleration at 1-second Period, S1 (g) 0.89 Site Coefficient, Fa 1.20
Site Coefficient, Fv 1.40
MCER Spectral Response Acceleration at Short Periods, SMS (g) 2.58 MCER Spectral Response Acceleration at 1-second Period, SM1 (g) 1.25 Design Spectral Response Acceleration at Short Periods, SDS (g) 1.72 Design Spectral Response Acceleration at 1-second Period, SD1 (g) 0.83 MCEG Peak Ground Acceleration adjusted for Site Class effects, PGAM (g) 1.10 Long period transition-period, TL (sec) 12
We performed slope stability analyses through the landslide area considering the proposed mitigation as described in subsequent sections. The slope gradient and other topographic features used in our analyses were based on the results from the topographic survey on August 2, 2023. Remedial grading measures are anticipated to include landslide removal, a toe keyway, and placement of geogrid reinforcement. Our analysis incorporates these measures.
8.e
February 12, 2024 Packet Pg. 435
City of San Carlos, Public Works Department 13387.000.024 Big Canyon Park (behind 3144 Brittan Avenue) August 23, 2023 GEOTECHNICAL RECOMMENDATIONS FOR LANDSLIDE REPAIR Page 5 We performed a limit equilibrium slope stability analysis using Spencer Method (Spencer, 1973).
The analysis results presented in this letter were obtained using the computer-aided program SLIDE©(Version 9.027). The program analyzes circular slip surfaces within a defined start and end section as well as a specified search window. The start and end sections are generally identified at locations outside the top and toe of the slope of interest.
The soil parameters used in the analyses are summarized in Table 4 and are based on interpretation of the results of our laboratory tests as well as our experience with similar materials.
TABLE 4: Soil Parameters for Slope Stability Analysis
MATERIAL UNIT WEIGHT
(pcf)
MOHR-COULOMB
FRICTION ANGLE
(deg)
COHESION
(psf)
Engineered Fill 125 28 200
Landslide Debris 120 13 0
Franciscan Formation Sandstone
(KJfs) (Bedrock) 150 40 500
Colluvium (Native) 120 28 25
We performed the pseudo-static slope stability analyses in general accordance with guidelines used to model slope stability under seismic shaking conditions using the simplified methods of Blake et al. (2002). This seismic coefficient was developed using a PGA of 1.1g as prescribed in the 2022 California Building Code, a mean Magnitude of 7.64, a distance of less than 10 km, and a threshold displacement of 15 centimeters. The results are presented in Appendix C.
The results indicate that the proposed remedial grading measures to remove and replace the landslide material and rebuild a reinforced engineered fill slope will result in a static factor of safety of 1.9 and a seismic factor of safety of 1.05 against slope failure. It is important to note that seismic displacement cannot be precisely predicted; however, based on the methods used for evaluating seismic stability, we anticipate seismic deformation for slopes within the subject site to be generally in the range of or less than 15 cm (6 inches). According to SP117A, slopes with a pseudostatic stability factor greater than 1.0, considering a seismic coefficient outlined above, are considered stable and correspond to limited landslide movement and damage.
CONCLUSIONS
Based on our borings and review of aerial photographs, it is our opinion that the landslide likely occurred within surficial soil and the upper layer of weak sandstone bedrock of the existing slope above the residence at 3144 Brittan Avenue. Based on our borings and the geomorphology of the landslide, it is our opinion that the bottom of the landslide likely extends to an average depth of approximately 3 to 5 feet below the existing ground surface.
From a geologic and geotechnical standpoint, it is our opinion that conventional grading techniques, such as removing and replacing the slide material as engineered fill, are a feasible solution for the proposed landslide repair. A grading solution to repair the landslide will include the construction of a drained keyway, benched fills to provide proper stability of the compacted fill, and placement of geogrid reinforcement to reduce potential for future surficial failures of the fill slope. We present typical recommendations for keyways, benching, geogrid reinforcement, and subdrains in the following sections.
8.e
February 12, 2024 Packet Pg. 436
City of San Carlos, Public Works Department 13387.000.024 Big Canyon Park (behind 3144 Brittan Avenue) August 23, 2023 GEOTECHNICAL RECOMMENDATIONS FOR LANDSLIDE REPAIR Page 6
RECOMMENDATIONS
We recommend that the landslide debris be completely removed and replaced as an engineered fill slope. We estimate that the bottom of the landslide extends to an average depth of approximately 3 to 5 feet below the ground surface.
We recommend a keyway be constructed at the toe of the engineered fill slope to support the planned fills. As shown in the attached cross section and detail (Figures 1B and 2), we anticipate keyway construction will consist of an approximately 15-foot-wide keyway extending to a minimum depth of 3 feet vertically into bedrock. Subsurface drainage systems should be installed at the base of the keyway as recommended in a subsequent section.
The actual depth and location of the keyway and locations of subdrainage may be modified in the field by the Geotechnical Engineer, based on the actual field conditions and geometry exposed during grading.
Subsurface drainage systems should generally be installed in keyways. The keyway subdrain system should be installed at the rear base of the keyway excavation. At least one secondary bench subdrain should be placed upslope. Discharge from the subdrains will likely be low and generally not continuous. Subdrains may outlet on the face of the slope, in accordance with the detail presented in Figure 3, at a point downslope of the slide area. Outlet locations should be surveyed and documented by the project Civil Engineer for future maintenance. Positive fall of at least ½ (using GPS) to 1 percent should be provided for all subdrains.
Subdrain systems should consist of a minimum 6-inch-diameter perforated pipe encased in Caltrans Class 2 permeable material or crushed rock wrapped in filter fabric (6 ounce minimum) as shown in Figure 3. The subdrain pipe and drainage blanket should meet the requirements contained in Supplemental Recommendations (Appendix D) with their general placement guidelines presented in the attached details.
Not all sources of seepage are evident during the time of field work because of the intermittent nature of some of these conditions and their dependence on long-term climatic conditions.
Furthermore, new sources of seepage may be created by a combination of changed topography, manmade irrigation patterns, and potential utility leakage. Since uncontrolled water is one of the major causes of detrimental soil movements, it is of utmost importance that a Geotechnical Engineer be advised of any seepage conditions that manifest so that remedial action may be initiated, if necessary.
In general, graded slopes should be no steeper than 2:1 (horizontal:vertical). All fill slopes should be adequately keyed into firm materials unaffected by shrinkage cracks.
8.e
February 12, 2024 Packet Pg. 437
City of San Carlos, Public Works Department 13387.000.024 Big Canyon Park (behind 3144 Brittan Avenue) August 23, 2023 GEOTECHNICAL RECOMMENDATIONS FOR LANDSLIDE REPAIR Page 7 As shown in Figure 1B (Corrective Grading Cross Section Ageogrid to reinforce the face of the fill slope. Geogrid reinforcement should consist of Tensar BX1200 (or approved equivalent), a minimum of 13 feet wide, and placed at 3 vertical feet spacing as depicted in Figure 1B.
Grading operations should meet the requirements of this letter and should be observed and tested by our field representative. We should be notified a minimum of 3 days prior to grading in order to coordinate its schedule with the grading contractor.
With the exception of organically contaminated materials (soil that contains more than 3 percent organic content by weight), we anticipate the site soil is suitable for use as engineered fill.
Oversized soil or rock materials (those exceeding two-thirds of the lift thickness or 6 inches in dimension, whichever is less) should be removed from the fill and broken down to meet this requirement or otherwise offhauled. We should be informed when import materials are planned for the site. Import materials should be submitted to, and approved by, the Geotechnical Engineer prior to delivery at the site and should conform to the requirements provided in the Supplemental Recommendations (Appendix D).
Once a suitable firm base is achieved, the exposed non-yielding surface should be scarified to a depth of 12 inches, moisture conditioned, and recompacted to provide adequate bonding with the initial lift of fill. All fills should be placed in thin lifts, with the lift thickness not to exceed 8 inches or the depth of penetration of the compaction equipment used, whichever is less.
The following compaction control requirements should be anticipated for engineering fill materials.
Test Procedures: ASTM D-1557.
Required Moisture Content: Not less than 2 percentage points above optimum moisture content.
Required Relative Compaction: Not less than 90 percent.
Relative compaction refers to the in-place dry density of soil expressed as a percentage of the maximum dry density of the same material.
LIMITATIONS
This letter presents geotechnical recommendations for design of the improvements discussed above. The conclusions and recommendations contained in this report are solely professional opinions. We strive to perform our professional services in accordance with generally accepted principles and practices currently employed in the area; there is no warranty, express or implied.
There are risks of earth movement and property damages inherent in building on or with earth
8.e
February 12, 2024 Packet Pg. 438
City of San Carlos, Public Works Department 13387.000.024 Big Canyon Park (behind 3144 Brittan Avenue) August 23, 2023 GEOTECHNICAL RECOMMENDATIONS FOR LANDSLIDE REPAIR Page 8 materials. We are unable to eliminate all risks; therefore, we are unable to guarantee or warrant the results of our services.
CLOSING
If you have any questions or comments regarding this letter, please call and we will be glad to discuss them with you.
Sincerely,
ENGEO Incorporated
Kobe Wang Robert Boeche, CEG
Yanet Zepeda, PE
kw/yz/jbr/dt
Attachment: Figures 1 3
Appendix A Boring Logs
Appendix B Laboratory Test Data
Appendix C Slope Stability Analysis Results
Appendix D Supplemental Recommendations
8.e
February 12, 2024 Packet Pg. 439
13387.000.024
August 23, 2023
FIGURES
Figure 1 Site Plan
Figure 1A Cross Section AFigure 1B Cross Section AFigure 2 Typical Keyway Detail Figure 3 Typical Subdrain Detail
8.e
February 12, 2024 Packet Pg. 440
8.e
February 12, 2024 Packet Pg. 441
8.e
February 12, 2024 Packet Pg. 442
8.e
February 12, 2024 Packet Pg. 443
8.e
February 12, 2024 Packet Pg. 444
8.e
February 12, 2024 Packet Pg. 445
13387.000.024
August 23, 2023
APPENDIX A
Key to Boring Logs
Boring Logs
8.e
February 12, 2024 Packet Pg. 446
8.e
February 12, 2024 Packet Pg. 447
8.e
February 12, 2024 Packet Pg. 448
8.e
February 12, 2024 Packet Pg. 449
8.e
February 12, 2024 Packet Pg. 450
13387.000.024
August 23, 2023
APPENDIX B
Laboratory Test Data
8.e
February 12, 2024 Packet Pg. 451
8.e
February 12, 2024 Packet Pg. 452
= = =
= = =
= = =
3420 Fostoria Way, Suite E | Danville, CA 94526 | T: (925) 355-9047 | F: (925) 355-9052 | www.engeo.com REPORT DATE: 8/3/2023
TESTED BY: K. Nguyen
REVIEWED BY: W. Miller
CLIENT: City if San Carlos
PROJECT NAME: 3144 Brittan Avenue
PROJECT NO: 13387.000.024 PH001
PROJECT LOCATION: San Carlos, CA
REMARKS
CLASSIFICATION
USCS =
D10 Cu Cc Soak time = 180 min
Dry sample weight = 254.9 g
Largest particle size < No. 4 Sieve
* (no specification provided)
LL = PI =
COEFFICIENTS
D90 D85 D60 D50 D30 D15
ASTM D1140, Method B
PARTICLE SIZE DISTRIBUTION REPORT
SIEVE
SIZE
PERCENT
FINER
SPEC.*
PERCENT
PASS?
(X=NO)
SOIL DESCRIPTION
See exploration logs
#200 42.3
ATTERBERG LIMITS
PL =
SAMPLE ID:
5-6.5'
[email protected]'
% FINES
SILT CLAY
% +75mm
% GRAVEL % SAND
LOCATION: [email protected]'
FINE COARSE
DEPTH (ft):
COARSE MEDIUM FINE
42.3 0
10 20
30 40
50 60
70 80
90 100
100 10 1 0.1 0.01 0.001 PERCENT FINER
GRAIN SIZE - mm. 6 in. 3 in. 2 in. 1 ½ in. 1 in. ¾ in. ½ in. in. #4#10 #20 #40 #60 #100 #140 #200
8.e
February 12, 2024 Packet Pg. 453
MOISTURE CONTENT (%)
METHOD A OR B
DEPTH (ft.)
SAMPLE ID
MOISTURE CONTENT (%)
METHOD A OR B
DEPTH (ft.)
SAMPLE ID
MOISTURE CONTENT (%)
METHOD A OR B
DEPTH (ft.)
SAMPLE ID
MOISTURE CONTENT (%)
METHOD A OR B
DEPTH (ft.)
SAMPLE ID
MOISTURE CONTENT (%)
METHOD A OR B
DEPTH (ft.)
SAMPLE ID
MOISTURE CONTENT (%)
3420 Fostoria Way, Suite E | Danville, CA 94526 | T: (925) 355-9047 | F: (925) 355-9052 | www.engeo.com TESTED BY:
REPORT DATE:
PROJECT LOCATION:
PROJECT NO:
PROJECT NAME:
CLIENT:
B. Ross
8/3/2023
San Carlos, CA
13387.000.024 PH001
REVIEWED BY: W. Miller
B
MOISTURE CONTENT REPORT
ASTM D2216
3144 Brittan Avenue
City of San Carlos
METHOD A OR B
DEPTH (ft.) 3-3.5
5.5 SAMPLE ID [email protected]'
8.e
February 12, 2024 Packet Pg. 454
3420 Fostoria Way, Suite E | Danville, CA 94526 | T: (925) 355-9047 | F: (925) 355-9052 | www.engeo.com REPORT DATE: 8/4/2023
TESTED BY: B. Ross
CLIENT: City of San Carlos
PROJECT NAME: 3144 Brittan Avenue
REVIEWED BY: W. Miller
PROJECT NO: 13387.000.024 PH001
PROJECT LOCATION: San Carlos, CA
DRY DENSITY (pcf)
MOISTURE CONTENT (%)
SAMPLE ID
DRY DENSITY (pcf)
MOISTURE CONTENT (%)
SAMPLE ID
SAMPLE ID
MOISTURE CONTENT (%)
DEPTH (ft.)
DRY DENSITY (pcf)
MOISTURE CONTENT (%)
DRY DENSITY (pcf) 103.8
MOISTURE CONTENT (%) 15.5
METHOD A OR B
MOISTURE-DENSITY DETERMINATION REPORT
ASTM D7263
SAMPLE ID [email protected]
DEPTH (ft.) 5-5.5
DEPTH (ft.)
DRY DENSITY (pcf)
DEPTH (ft.)
SAMPLE ID
DEPTH (ft.)
METHOD A OR B
METHOD A OR B
METHOD A OR B
METHOD A OR B
B
8.e
February 12, 2024 Packet Pg. 455
Test Specification:
Curve Number:
COMPACTION CURVE REPORT
ASTM D1557
ZAV for
Specific
Gravity
2.80 1
Method B
3144 Brittan Avenue
Dark brown sandy CLAY
MATERIAL DESCRIPTION - D2488
Sample Location:
CLIENT:
RESULTS
124.9
9.3 Bulk 0-6
Optimum Moisture Content, %
Maximum Dry Density, pcf
REVIEWED BY: W. Miller
3420 Fostoria Way, Suite E | Danville, CA 94526 | T: (925) 355-9047 | F: (888) 279-2698 | www.engeo.com Remarks Curve used for TxUU remold
City of San Carlos
PROJECT NAME:
REPORT DATE: 8/9/2023
TESTED BY: B. Ross
PROJECT LOCATION: San Carlos, CA
PROJECT NO: 13387.000.024
90 100
110
120
130
140
150
0 5 10 15 20 25 30 DRY DENSITY (pcf)
WATER CONTENT (%)
Rock Corrected Uncorrected
8.e
February 12, 2024 Packet Pg. 456
8.e
February 12, 2024 Packet Pg. 457
8.e
February 12, 2024 Packet Pg. 458
13387.000.024
August 23, 2023
APPENDIX C
Slope Stability Analysis Results
8.e
February 12, 2024 Packet Pg. 459
8.e
February 12, 2024 Packet Pg. 460
8.e
February 12, 2024 Packet Pg. 461
13387.000.024
August 23, 2023
APPENDIX D
Supplemental Recommendations
8.e
February 12, 2024 Packet Pg. 462
Copyright © 2020 by ENGEO Incorporated. This document
may not be reproduced in whole or in part by any means
whatsoever, nor may it be quoted or excerpted without the express written consent of ENGEO Incorporated.
SUPPLEMENTAL RECOMMENDATIONS
Prepared by
ENGEO Incorporated
8.e
February 12, 2024 Packet Pg. 463
Supplemental Recommendations
TABLE OF CONTENTS
GENERAL INFORMATION .........................................................................I PREFACE....................................................................................................I DEFINITIONS..............................................................................................I PART I - EARTHWORK..............................................................................2
1.0 GENERAL............................................................................................................ 2
1.1 WORK COVERED .............................................................................................................. 2
1.2 CODES AND STANDARDS ............................................................................................... 2
1.3 TESTING AND OBSERVATION......................................................................................... 2
2.0 MATERIALS......................................................................................................... 2
2.1 STANDARD ........................................................................................................................ 2
2.2 ENGINEERED FILL AND BACKFILL ................................................................................. 3
2.3 SUBDRAINS ....................................................................................................................... 3
2.4 PIPE .................................................................................................................................... 4
2.5 OUTLETS AND RISERS .................................................................................................... 4
2.6 PERMEABLE MATERIAL ................................................................................................... 4
2.7 FILTER FABRIC.................................................................................................................. 5
2.8 GEOCOMPOSITE DRAINAGE........................................................................................... 5 PART II - GEOGRID SOIL REINFORCEMENT ..........................................7 PART III - GEOTEXTILE SOIL REINFORCEMENT ...................................9 PART IV - EROSION CONTROL MAT ..................................................... 11
8.e
February 12, 2024 Packet Pg. 464
Supplemental Recommendations Page | 1
GENERAL INFORMATION
PREFACE
These supplemental recommendations are intended as a guide for earthwork and are in addition to any previous earthwork recommendations made by the Geotechnical Engineer. If there is a conflict between these supplemental recommendations and any previous recommendations, it should be immediately brought to the attention of ENGEO. Testing standards identified in this document shall be the most current revision (unless stated otherwise).
DEFINITIONS
BACKFILL Soil, rock or soil-rock material used to fill excavations and trenches.
DRAWINGS Documents approved for construction which describe the work.
THE GEOTECHNICAL
ENGINEER
The project geotechnical engineering consulting firm, its employees, or its designated representatives.
ENGINEERED FILL
Fill upon which the Geotechnical Engineer has made sufficient observations and tests to confirm that the fill has been placed and compacted in accordance with geotechnical engineering recommendations.
FILL Soil, rock, or soil-rock materials placed to raise the grades of the site or to backfill excavations.
IMPORTED MATERIAL Soil and/or rock material which is brought to the site from offsite areas.
ONSITE MATERIAL Soil and/or rock material which is obtained from the site.
OPTIMUM MOISTURE Water content, percentage by dry weight, corresponding to the maximum dry density as determined by ASTM D-1557.
RELATIVE COMPACTION
The ratio, expressed as a percentage, of the in-place dry density of the fill or backfill material as compacted in the field to the maximum dry density of the same material as determined by ASTM D-1557.
SELECT MATERIAL Onsite and/or imported material which is approved by the Geotechnical Engineer as a specific-purpose fill.
8.e
February 12, 2024 Packet Pg. 465
Supplemental Recommendations Page | 2
PART I - EARTHWORK
1.0 GENERAL
1.1 Supplemental recommendations for performing earthwork and grading. Activities include:
Site Preparation and Demolition
Excavation
Grading
Backfill of Excavations and Trenches
Engineered Fill Placement, Moisture Conditioning, and Compaction
1.2 The contractor should perform their work complying with applicable occupational safety and health standards, rules, regulations, and orders. The Occupational Safety and Health Standards (OSHA) Board is the only agency authorized in the State to adopt and enforce occupational safety and health standards (Labor Code § 142 et seq.). The owner, their representative and contractor are responsible for site safety; ENGEO representatives are not responsible for site safety.
Excavating, trenching, filling, backfilling, shoring and grading work should meet the minimum requirements of the applicable Building Code, and the standards and ordinances of state and local governing authorities.
1.3 Site preparation, cutting and shaping, excavating, filling, and backfilling should be carried out under the testing and observation of ENGEO. ENGEO shall be retained to perform appropriate field and laboratory tests to check compliance with the recommendations. Any fill or backfill that does not meet the supplemental recommendations shall be removed and/or reworked, until the supplemental recommendations are satisfied.
Tests for compaction shall be made in accordance with test procedures outlined in ASTM D-1557, as applicable, unless other testing methods are deemed appropriate by ENGEO. These and other tests shall be performed in accordance with accepted testing procedures, subject to the engineering discretion of ENGEO.
2.0 MATERIALS
2.1 Materials, tools, equipment, facilities, and services as required for performing the required excavating, trenching, filling and backfilling should be furnished by the Contractor.
8.e
February 12, 2024 Packet Pg. 466
Supplemental Recommendations Page | 3
2.2 Material to be used for engineered fill and backfill should be free from organic matter and other deleterious substances, and of such quality that it will compact thoroughly without excessive voids when watered and rolled.
Unless specified elsewhere by ENGEO, engineered fill and backfill shall be free of significant organics, or any other unsatisfactory material. In addition, engineered fill and backfill shall comply with the grading requirements shown in the following table:
TABLE 2.2-1: Engineered Fill and Backfill Requirements
US STANDARD SIEVE PERCENTAGE PASSING
3" 100
No. 4 35 100
No. 30 20 100
Earth materials to be used as engineered fill and backfill shall be cleared of debris, rubble and deleterious matter. Rocks and aggregate exceeding the maximum allowable size shall be removed from the site. Rocks of maximum dimension in excess of two-thirds of the lift thickness shall be removed from any fill material to the satisfaction of ENGEO.
ENGEO shall be immediately notified if potential hazardous materials or suspect soils exhibiting staining or odor are encountered. Work activities shall be discontinued within the area of potentially hazardous materials. ENGEO shall be notified at least 72 hours prior to the start of filling and backfilling operations. Materials to be used for filling and backfilling shall be submitted to ENGEO no less than 10 days prior to intended delivery to the site. Unless specified elsewhere by ENGEO, where conditions require the importation of low expansive fill material, the material shall be an inert, low to non-expansive soil, or soil-rock material, free of organic matter and meeting the following requirements:
TABLE 2.2-2: Imported Fill Material Requirements
GRADATION (ASTM D-421)
SIEVE SIZE PERCENT
PASSING
2-inch 100
#200 15 - 70
PLASTICITY (ASTM D-4318) Plasticity Index < 12
ORGANIC CONTENT (ASTM D-2974) Less than 3 percent
A sample of the proposed import material should be submitted to ENGEO no less than 10 days prior to intended delivery to the site.
2.3 A subdrain system is an underground network of piping used to remove water from areas that collect or retain surface water or subsurface water. Subsurface water is collected by allowing
8.e
February 12, 2024 Packet Pg. 467
Supplemental Recommendations Page | 4
water into the pipe through perforations. Subdrain systems may drain and discharge to an appropriate outlet such as storm drain, natural swales or drainage, etc.. Details for subdrain systems may vary depending on many items, including but not limited to site conditions, soil types, subdrain spacing, depth of the pipe and pervious medium, as well as pipe diameter.
2.4 Subdrain pipe shall conform with these supplemental recommendations unless specified elsewhere by ENGEO. Perforated pipe for various depths shall be manufactured in accordance with the following requirements:
TABLE 2.4-1: Perforated Pipe Requirements
PIPE TYPE STANDARD TYPICAL SIZES
(INCHES)
PIPE STIFFNESS
(PSI)
PIPE STIFFNESS ABOVE 200 PSI (BELOW 50 FEET OF FINISHED GRADE) ABS SDR 15.3 4 to 6 450
PVC Schedule 80 ASTM D1785 3 to 10 530
PIPE STIFFNESS BETWEEN 100 PSI AND 150 PSI (BETWEEN 15 AND 50 FEET OF FINISHED GRADE) ABS SDR 23.5 ASTM D2751 4 to 6 150
PVC SDR 23.5 ASTM D3034 4 to 6 153
PVC Schedule 40 ASTM D1785 3 to 10 135
ABS Schedule 40/DWV ASTM D1527 & D2661 3 to 10
PIPE STIFFNESS BETWEEN 45 PSI AND 50 PSI* (BETWEEN 0 TO 15 FEET OF FINISHED GRADE) PVC A-2000 ASTM F949 4 to 10 50
PVC SDR 35 ASTM D3034 4 to 8 46
ABS SDR 35 ASTM D2751 4 to 8 45
Corrugated PE AASHTO M294 Type S 4 to 10 45
*Pipe with a stiffness less than 45 psi should not be used.
Other pipes not listed in the table above shall be submitted for review by the Geotechnical Engineer not less 72 hours before proposed use.
2.5 Subdrain outlets and risers must be fabricated from the same material as the subdrain pipe.
Outlet and riser pipe and fittings must not be perforated. Covers must be fitted and bolted into the riser pipe or elbow. Covers must seat uniformly and not be subject to rocking.
2.6 Permeable material shall generally conform to Caltrans Standard Specification unless specified otherwise by ENGEO. Class 2 permeable material shall comply with the gradation requirements shown in the following table.
8.e
February 12, 2024 Packet Pg. 468
Supplemental Recommendations Page | 5
TABLE 2.6-1: Class 2 Permeable Material Grading Requirements
SIEVE SIZES PERCENTAGE PASSING
1" 100
3/4" 90 to 100
3/8" 40 to 100
No. 4 25 to 40
No. 8 18 to 33
No. 30 5 to 15
No. 50 0 to 7
No. 200 0 to 3
2.7 Filter fabric shall meet the following Minimum Average Roll Values unless specified elsewhere by ENGEO.
Grab Strength (ASTM D-4632) .............................................. 180 lbs Mass per Unit Area (ASTM D-4751) .....................................6 oz/yd2 Apparent Opening Size (ASTM D-4751) ........70-100 U.S. Std. Sieve Flow Rate (ASTM D-4491)............................................ 80 gal/min/ft2 Puncture Strength (ASTM D-4833) .......................................... 80 lbs Areas to receive filter fabric must comply with the compaction and elevation tolerance specified for the material involved. Handle and place filter fabric under the manufacturer's instructions.
Align and place filter fabric without wrinkles.
Overlap adjacent roll ends of filter fabric in accordance with manufacturer The preceding roll must overlap the following roll in the direction that the permeable material is being spread. Completely replace torn or punctured sections damaged during placement or repair by placing a piece of filter fabric that is large enough to cover the damaged area and comply with the overlap specified. Cover filter fabric with the thickness of overlying material shown within 72 hours of placing the fabric.
2.8 Geocomposite drainage is a prefabricated material that includes filter fabric and plastic pipe.
Filter fabric must be Class A. The drain shall be of composite construction consisting of a supporting structure or drainage core material surrounded by a geotextile. The geotextile shall encapsulate the drainage core and prevent random soil intrusion into the drainage structure.
The drainage core material shall consist of a three-dimensional polymeric material with a structure that permits flow along the core laterally. The core structure shall also be constructed to permit flow regardless of the water inlet surface. The drainage core shall provide support to the geotextile.
A geotextile flap shall be provided along drainage core edges. This flap shall be of sufficient width for sealing the geotextile to the adjacent drainage structure edge to prevent soil intrusion into the structure during and after installation. The geotextile shall cover the full length of the
8.e
February 12, 2024 Packet Pg. 469
Supplemental Recommendations Page | 6
core. The geocomposite core shall be furnished with an approved method of constructing and connecting with outlet pipes. If the fabric on the geocomposite drain is torn or punctured, replace the damaged section completely. The specific drainage composite material and supplier shall be preapproved by ENGEO.
The Contractor shall submit a manufacturer's certification that the geocomposite meets the design properties and respective index criteria measured in full accordance with applicable test methods. The manufacturer's certification shall include a submittal package of documented test results that confirm the design values. In case of dispute over validity of design values, the Contractor will supply design property test data from a laboratory approved by ENGEO, to support the certified values submitted.
Geocomposite material suppliers shall provide a qualified and experienced representative onsite to assist the Contractor and ENGEO at the start of construction with directions on the use of drainage composite. If there is more than one application on a project, this criterion will apply to construction of the initial application only. The representative shall also be available on an asneeded basis, as requested by ENGEO, during construction of the remaining applications. The soil surface against which the geocomposite is to be placed shall be free of debris and inordinate irregularities that will prevent intimate contact between the soil surface and the drain.
Edge seams shall be formed by utilizing the flap of the geotextile extending from the geocomposite's edge and lapping over the top of the fabric of the adjacent course. The fabric flap shall be securely fastened to the adjacent fabric by means of plastic tape or non-water-soluble construction adhesive, as recommended by the supplier. To prevent soil intrusion, exposed edges of the geocomposite drainage core edge must be covered.
Approved backfill shall be placed immediately over the geocomposite drain. Backfill operations should be performed to not damage the geotextile surface of the drain. Also during operations, avoid excessive settlement of the backfill material. The geocomposite drain, once installed, shall not be exposed for more than 7 days prior to backfilling.
8.e
February 12, 2024 Packet Pg. 470
Supplemental Recommendations Page | 7
PART II - GEOGRID SOIL REINFORCEMENT
Geogrid soil reinforcement (geogrid) shall be submitted to ENGEO and should be approved before use. The geogrid shall be a regular network of integrally connected polymer tensile elements with aperture geometry sufficient to permit significant mechanical interlock with the surrounding soil or rock. The geogrid structure shall be dimensionally stable and able to retain its geometry under construction stresses and shall have high resistance to damage during construction to ultraviolet degradation and to chemical and biological degradation encountered in the soil being reinforced. The geogrids shall have an Allowable Tensile Strength (Ta) and Pullout Resistance, for the soil type(s) as specified on design plans.
The contractor shall submit a manufacturer's certification that the geogrids supplied meet plans and project specifications. The contractor shall check the geogrid upon delivery to ensure that the proper material has been received. During periods of shipment and storage, the geogrid shall be protected from temperatures greater than 140°F, mud, dirt, dust, and debris.
Manufacturer's recommendations in regard to protection from direct sunlight must also be followed. At the time of installation, the geogrid will be rejected if it has defects, tears, punctures, flaws, deterioration, or damage incurred during manufacture, transportation, or storage. If approved by ENGEO, torn or punctured sections may be repaired by placing a patch over the damaged area. Any geogrid damaged during storage or installation shall be replaced by the Contractor at no additional cost to the owner.
Geogrid material suppliers shall provide a qualified and experienced representative onsite at the initiation of the project, for a minimum of three days, to assist the Contractor and ENGEO personnel at the start of construction. If there is more than one slope on a project, this criterion will apply to construction of the initial slope only. The representative shall also be available on an as-needed basis, as requested by ENGEO, during construction of the remaining slope(s).
Geogrid reinforcement may be joined with mechanical connections or overlaps as recommended and approved by the manufacturer. Joints shall not be placed within 6 feet of the slope face, within 4 feet below top of slope, nor horizontally or vertically adjacent to another joint.
The geogrid reinforcement shall be installed in accordance with the manufacturer's recommendations. The geogrid reinforcement shall be placed within the layers of the compacted soil as shown on the plans or as directed. The geogrid reinforcement shall be placed in continuous longitudinal strips in the direction of main reinforcement. However, if the Contractor is unable to complete a required length with a single continuous length of geogrid, a joint may be made with the manufacturer's approval. Only one joint per length of geogrid shall be allowed. This joint shall be made for the full width of the strip by using a similar material with similar strength.
Joints in geogrid reinforcement shall be pulled and held taut during fill placement.
Adjacent strips, in the case of 100 percent coverage in plan view, need not be overlapped. The minimum horizontal coverage is 50 percent, with horizontal spacing between reinforcement no greater than 40 inches. Horizontal coverage of less than 100 percent shall not be allowed unless specifically detailed in the construction drawings. Adjacent rolls of geogrid reinforcement shall be overlapped or mechanically connected where exposed in a wrap around face system, as applicable.
8.e
February 12, 2024 Packet Pg. 471
Supplemental Recommendations Page | 8
The Contractor may place only that amount of geogrid reinforcement required for immediately pending work to prevent undue damage. After a layer of geogrid reinforcement has been placed, the next succeeding layer of soil shall be placed and compacted as appropriate. After the specified soil layer has been placed, the next geogrid reinforcement layer shall be installed.
The process shall be repeated for each subsequent layer of geogrid reinforcement and soil.
Geogrid reinforcement shall be placed to lay flat and pulled tight prior to backfilling. After a layer of geogrid reinforcement has been placed, suitable means, such as pins or small piles of soil, shall be used to hold the geogrid reinforcement in position until the subsequent soil layer can be placed.
Under no circumstances shall a track-type vehicle be allowed on the geogrid reinforcement before at least 6 inches of soil have been placed. Turning of tracked vehicles should be kept to a minimum to prevent tracks from displacing the fill and the geogrid reinforcement. If approved by the Manufacturer, rubber-tired equipment may pass over the geosynthetic reinforcement at slow speeds, less than 10 mph. Sudden braking and sharp turning shall be avoided. During construction, the surface of the fill should be kept approximately horizontal. Geogrid reinforcement shall be placed directly on the compacted horizontal fill surface. Geogrid reinforcements are to be placed as shown on plans, and oriented correctly.
8.e
February 12, 2024 Packet Pg. 472
Supplemental Recommendations Page | 9
PART III - GEOTEXTILE SOIL REINFORCEMENT
The specific geotextile material and supplier shall be preapproved by ENGEO. The contractor shall submit a manufacturer's certification that the geotextiles supplied meet the respective index criteria set when geotextile was approved by ENGEO, measured in full accordance with specified test methods and standards.
The contractor shall check the geotextile upon delivery to ensure that the proper material has been received. During periods of shipment and storage, the geotextile shall be protected from temperatures greater than 140°F, mud, dirt, dust, and debris. Manufacturer's recommendations in regard to protection from direct sunlight must also be followed. At the time of installation, the geotextile will be rejected if it has defects, tears, punctures, flaws, deterioration, or damage incurred during manufacture, transportation, or storage. If approved by ENGEO, torn or punctured sections may be repaired by placing a patch over the damaged area. Any geotextile damaged during storage or installation shall be replaced by the Contractor at no additional cost to the owner.
Geotextile material suppliers shall provide a qualified and experienced representative onsite at the initiation of the project to assist the Contractor and ENGEO personnel at the start of construction. The geotextile reinforcement shall be installed in accordance with the manufacturer's recommendations. The geotextile reinforcement shall be placed within the layers of the compacted soil as shown on the plans or as directed, secured with staples, pins, or small piles of backfill, placed without wrinkles, and aligned with the primary strength direction perpendicular to slope contours. Cover geotextile reinforcement with backfill within the same work shift. Place at least 6 inches of backfill on the geotextile reinforcement before operating or driving equipment or vehicles over it, except those used under the conditions specified below for spreading backfill.
Adjacent strips, in the case of 100 percent coverage in plan view, need not be overlapped. The minimum horizontal coverage is 50 percent, with horizontal spacing between reinforcement no greater than 40 inches. Horizontal coverage of less than 100 percent shall not be allowed unless specifically detailed in the construction drawings. Adjacent rolls of geotextile reinforcement shall be overlapped or mechanically connected where exposed in a wraparound face system, as applicable.
The contractor may place only that amount of geotextile reinforcement required for immediately pending work to prevent undue damage. After a layer of geotextile reinforcement has been placed, the succeeding layer of soil shall be placed and compacted as appropriate. After the specified soil layer has been placed, the next geotextile reinforcement layer shall be installed.
The process shall be repeated for each subsequent layer of geotextile reinforcement and soil.
Geotextile reinforcement shall be placed to lay flat and be pulled tight prior to backfilling. After a layer of geotextile reinforcement has been placed, suitable means, such as pins or small piles of soil, shall be used to hold the geotextile reinforcement in position until the subsequent soil layer can be placed. Under no circumstances shall a track-type vehicle be allowed on the geotextile reinforcement before at least six inches of soil has been placed. Turning of tracked vehicles should be kept to a minimum to prevent tracks from displacing the fill and the geotextile reinforcement. If approved by the Manufacturer, rubber-tired equipment may pass over the
8.e
February 12, 2024 Packet Pg. 473
Supplemental Recommendations Page | 10
geotextile reinforcement as slow speeds, less than 10 mph. Sudden braking and sharp turning shall be avoided.
During construction, the surface of the fill should be kept approximately horizontal. Geotextile reinforcement shall be placed directly on the compacted horizontal fill surface. Geotextile reinforcements are to be placed within three inches of the design elevations and extend the length as shown on the elevation view unless otherwise directed by ENGEO.
Replace or repair any geotextile reinforcement damaged during construction. Grade and compact backfill to ensure the reinforcement remains taut. Geotextile soil reinforcement must be tested to the required design values using the following ASTM test methods.
TABLE III-1: Geotextile Soil Reinforcements
PROPERTY TEST
Elongation at break, percent ASTM D 4632
Grab breaking load, lb, 1-inch grip (min) in each direction ASTM D 4632 Wide width tensile strength at 5 percent strain, lb/ft (min) ASTM D 4595 Wide width tensile strength at ultimate strength, lb/ft (min) ASTM D 4595 Tear strength, lb (min) ASTM D 4533
Puncture strength, lb (min) ASTM D 6241
Permittivity, sec-1 (min) ASTM D 4491
Apparent opening size, inches (max) ASTM D 4751
Ultraviolet resistance, percent (min) retained grab break load, 500 hours ASTM D 4355
8.e
February 12, 2024 Packet Pg. 474
Supplemental Recommendations Page | 11
PART IV - EROSION CONTROL MAT
Work shall consist of furnishing and placing a synthetic erosion control mat and/or degradable erosion control blanket for slope face protection and lining of runoff channels. The specific erosion control material and supplier shall be pre-approved by ENGEO.
The Contractor shall submit a manufacturer's certification that the erosion mat/blanket supplied meets the criteria specified when the material was approved by ENGEO. The manufacturer's certification shall include a submittal package of documented test results that confirm the property values. Jute mesh shall consist of processed natural jute yarns woven into a matrix, and netting shall consist of coconut fiber woven into a matrix. Erosion control blankets shall be made of processed natural fibers that are mechanically, structurally, or chemically bound together to form a continuous matrix that is surrounded by two natural nets.
The Contractor shall check the erosion control material upon delivery to ensure that the proper material has been received. During periods of shipment and storage, the erosion mat shall be protected from temperatures greater than 140°F, mud, dirt, and debris. Manufacturer's recommendations in regard to protection from direct sunlight must also be followed. At the time of installation, the erosion mat/blanket shall be rejected if it has defects, tears, punctures, flaws, deterioration, or damage incurred during manufacture, transportation, or storage. If approved by ENGEO, torn or punctured sections may be removed by cutting out a section of the mat. The remaining ends should be overlapped and secured with ground anchors. Any erosion mat/blanket damaged during storage or installation shall be replaced by the Contractor at no additional cost to the Owner.
Erosion control material suppliers shall provide a qualified and experienced representative onsite, to assist the Contractor and ENGEO personnel at the start of construction. If there is more than one slope on a project, this criterion will apply to construction of the initial slope only.
The representative shall be available on an as-needed basis, as requested by ENGEO, during construction of the remaining slope(s). The erosion control material shall be placed and anchored on a smooth graded, firm surface approved by the Engineer. Anchoring terminal ends of the erosion control material shall be accomplished through use of key trenches. The material in the trenches shall be anchored to the soil on maximum 1½ foot centers. Topsoil, if required by construction drawings, placed over final grade prior to installation of the erosion control material shall be limited to a depth not exceeding 3 inches.
Erosion control material shall be anchored, overlapped, and otherwise constructed to ensure performance until vegetation is well established. Anchors shall be as designated on the construction drawings, with a minimum of 12-inch length, and shall be spaced as designated on the construction drawings, with a maximum spacing of 4 feet.
8.e
February 12, 2024 Packet Pg. 475
LANDSLIDE REPAIR PLAN
BIG CANYON PARK (BEHIND 3144 BRITTAN AVENUE) CITY PROJECT NO. C2319 SAN CARLOS, CALIFORNIA SPC
SPC
JDB DECEMBER, 2023 AS SHOWN
SAN RAMON - SAN JOSE - SAN FRANCISCO - OAKLAND - ROCKLIN - LATHROP
SANTA CLARITA - IRVINE - NEW ZEALAND
COVER SHEET AND LANDSLIDE REPAIR GRADING PLAN
SECTION AND DETAILS
EROSION AND SEDIMENT CONTROL PLAN
STORMWATER CONSTRUCTION BEST MANAGEMENT PRACTICES (BMP'S) SHEET INDEX BIG CANYON PARK (BEHIND 3144 BRITTAN AVENUE)
LANDSLIDE REPAIR PLANS
SAN CARLOS, CALIFORNIA G-1 G-2 G-3 G-4
SCALE: 1"=10' LANDSLIDE REPAIR GRADING PLAN
NO SCALE
VICINITY MAP
SITE
2,000 CY CUT NET EARTHWORK SUMMARY
FILL
2,000 CY BALANCED CORRECTIVE GRADING
ABBREVIATIONS
AB
AC
CMP
EDI DWG
ELEP
EX
FC
FLGB
INV MAX MHMIN
P/L R
R/W
S
SD
SS
STA
STD
AGGREGATE BASE
ASPHALT CONCRETE CENTER LINE CORRUGATED METAL PIPE
ELECTRIC
DROP INLET DRAWING
ELEVATION
EDGE OF PAVEMENT EXISTING
FACE OF CURB
FLOW LINE GRADE BREAK
INVERT GRADE ELEVATION MAXIMUM
MANHOLE MINIMUM
PACIFIC GAS & ELECTRIC CO. PROPERTY LINE RADIUS RIGHT-OF-WAY SLOPE
STORM DRAIN
SANITARY SEWER
STATION
STANDARD
CL CONCRETE RCP REINFORCED CONCRETE PIPE DIA DIAMETER
CLR CLEARANCE ON CENTER
NOT TO SCALE OUTSIDE DIAMETER
NTS OCOD
CONC
PGE HDPE HIGH DENSITY POLYETHYLENE PIPE R.C. RELATIVE COMPACTION
APPROVED FOR CONSTRUCTION
DATE: GRACE LE, P.E. CITY ENGINEER
PLANS PREPARED BY DATE: SEAN CLEARY, P.E. CIVIL ENGINEER LIMITS OF RECENT LANDSLIDE Qls MANHOLE HYDRANT
FOUND MONUMENT UTILITY BOX
EXISTING TREE
PROPOSED TOPOGRAPHY MAJOR CONTOUR
PROPOSED TOPOGRAPHY MINOR CONTOUR
EXISTING TOPOGRAPHY MAJOR CONTOUR
EXISTING TOPOGRAPHY MINOR CONTOUR
SWALE FLOWLINE
EXPLANATION
100
100 HEADSCARP AND TOE LIMITS CROSS SECTION ON SHEET G-2 Qls LANDSLIDE DEBRIS (WINTER 2023) LANDSLIDE REPAIR AREA BORING (ENGEO, 2023) PROPOSED KEYWAY CORRECTIVE GRADING SLOPE REBUILD LIMIT PROPOSED PERFORATED KEYWAY SUBDRAIN
ALL LOCATIONS APPROXIMATEDIRT ROAD GRADE BREAK PROPOSED GRADE BREAK EXISTING FENCE
1-B1 1-B2
1-B3 A
A' GENERAL NOTES: 1. ALL WORK IS TO BE DONE UNDER THE OVERSIGHT OF THE ENGINEER. 2. THE ENGINEER ASSUMES NO RESPONSIBILITY BEYOND THE ADEQUACY OF THE DESIGN HEREIN. 3. IN ACCORDANCE WITH GENERALLY ACCEPTED CONSTRUCTION PRACTICES, THE CONTRACTOR SHALL BE SOLELY AND COMPLETELY RESPONSIBLE FOR THE CONDITIONS OF THE JOB SITE INCLUDING SAFETY OF ALL PERSONS AND PROPERTY DURING PERFORMANCE OF THE WORK. THIS REQUIREMENT WILL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORK HOURS. THE CONTRACTOR SHALL BE RESPONSIBLE FOR DESIGN AND CONSTRUCTION OF PROPER SHORING OF EXCAVATIONS IN ACCORDANCE WITH THE LATEST OCCUPATIONAL SAFETY LAWS. THE DUTIES OF THE ENGINEER DO NOT INCLUDE REVIEW OF THE ADEQUACY OF THE CONTRACTOR'S SAFETY IN, ON, OR NEAR THE CONSTRUCTION SITE. THE CONTRACTOR FURTHER AGREES TO DEFEND, INDEMNIFY, AND HOLD THE CIVIL ENGINEER HARMLESS FROM ANY AND ALL
LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF THE WORK ON THIS PROJECT, EXCEPT FOR LIABILITY ARISING FROM THE SOLE NEGLIGENCE OF THE ENGINEER. 4. CONTRACTOR SHALL BE HELD RESPONSIBLE FOR ANY AND ALL DAMAGE TO EXISTING STRUCTURES AND/OR UTILITIES DURING CONSTRUCTION. PROPER REPAIR SHALL BE DONE TO THE SATISFACTION OF THE ENGINEER AND THE RESPECTIVE UTILITY COMPANY. 5. IT SHALL BE THE CONTRACTOR'S RESPONSIBILITY TO FIELD VERIFY LOCATIONS, ELEVATIONS, ETC. OF EXISTING FACILITIES AND TO IMMEDIATELY NOTIFY THE ENGINEER OF ANY FIELD CONFLICTS OR OMISSIONS. IT IS THE CONTRACTOR'S RESPONSIBILITY TO
VERIFY THE EXACT LOCATION OF ALL UNDERGROUND UTILITIES IN THE FIELD AND CALL UNDERGROUND SERVICE ALERT AT 800-227-2600 AT LEAST 48 HOURS BEFORE EXCAVATION OR DEMOLITION FOR IMPROVEMENTS. ANY ADDITIONAL COSTS
INCURRED AS A RESULT OF THE CONTRACTOR'S FAILURE TO VERIFY LOCATIONS OF EXISTING UTILITIES PRIOR TO BEGINNING OF CONSTRUCTION SHALL BE BORNE BY THE CONTRACTOR. 6. DUST CONTROL DURING ALL PHASES OF CONSTRUCTION IS THE RESPONSIBILITY OF THE CONTRACTOR. 7. ANY DAMAGE TO THE EXISTING FACILITIES SHALL BE REPAIRED OR REPLACED AT CONTRACTOR'S EXPENSE. 8. GRADING ACTIVITIES SHOWN ON THESE PLANS WILL BE PROPERLY IN PLACE PRIOR TO THE RAINY SEASON (OCTOBER 31). ALL GRADED SLOPES AND SWALE FLOW LINES SHALL BE BROADCAST SEEDED AND COVERED WITH EROSION CONTROL FABRIC (ECF) BEFORE PROJECT COMPLETION. 9. NO DEBRIS, RUBBISH, CREOSOTE-TREATED WOOD, SOIL, SILT, SAND, CEMENT, CONCRETE, OR WASHINGS THEREOF, OR OTHER
CONSTRUCTION RELATED MATERIALS OR WASTES, OIL OR PETROLEUM PRODUCTS OR OTHER ORGANIC OR EARTHEN MATERIAL SHALL NOT BE ALLOWED TO ENTER INTO, OR BE PLACED WHERE IT MAY BE WASHED BY RAINFALL OR RUNOFF INTO WATERS OF THE US. 10. NO EQUIPMENT SHALL BE OPERATED IN AREAS OF FLOWING OR STANDING WATER; FUELING, CLEANING, OR MAINTENANCE OF VEHICLES OR EQUIPMENT SHALL BE PERFORMED OUTSIDE OF AREAS OF FLOWING OR STANDING WATER. 11. THE CONTRACTOR SHALL MONITOR AND MAINTAIN RECORDS OF THE NATIONAL WEATHER SERVICE 72-HOUR FORECAST ON A DAILY BASIS. ALL CONSTRUCTION ACTIVITIES SHALL CEASE AND ALL REASONABLE EROSION CONTROL MEASURES SHALL BE IMPLEMENTED PRIOR TO THE ONSET OF PRECIPITATION. 12. SLOPES OF ALL EMBANKMENT FILL/CUT SHALL BE 2:1 MAX, (HORIZONTAL: VERTICAL) UNLESS OTHERWISE NOTED ON PLANS OR AS DIRECTED BY THE ENGINEER. 13. FOR EMBANKMENT CONSTRUCTION WHERE APPLICABLE; EROSION CONTROL SHALL BE PERFORMED ON ALL DISTURBED AREAS. 14. ALL ELEVATIONS SHOWN ARE FINISHED ELEVATIONS UNLESS STATED OTHERWISE. 15. THE CONTRACTOR SHALL PROVIDE INGRESS AND EGRESS FOR ANY PRIVATE PROPERTY ADJACENT TO THE WORK THROUGHOUT THE PERIOD OF CONSTRUCTION. 16. PROTECTIVE FENCING AND/OR BARRIERS WILL BE PLACED AROUND VEGETATION AND TREES NOT INVOLVED IN GRADING AND EARTHWORK OPERATIONS. 17. THE TOLERANCE SHALL BE 0.1 FEET FOR GRADING, COMPACTION OF FILL AND BACKFILL SHALL BE MINIMUM 90% OF THE MAXIMUM DRY DENSITY (ASTM D-1557). CONTRACTOR SHALL UTILIZE METHODS THAT AVOID OVER COMPACTION OF SOILS. 18. ALL APPLICABLE WORK SHALL BE DONE IN ACCORDANCE WITH CITY OF SAN CARLOS DESIGN GUIDELINES, GENERAL PROVISIONS, AND STANDARD SPECIFICATIONS AND DETAILS; UNLESS OTHERWISE SPECIFIED IN THESE PLANS. SUBDRAIN OUTLET PER DETAIL SHEET G-2 SUBDRAIN OUTLET PER DETAIL SHEET G-2 KEYWAY PER DETAIL SHEET G-2
PROPOSED CLOSED PIPE SUBDRAIN
1-B3 NUMBER
SHEET TITLE
12/18/2023
8.e
February 12, 2024 Packet Pg. 476
1-B1
1-B2
1-B3
PROPOSED GRADE (TYP) RECOMMENDED CORRECTIVE GRADING
SUBDRAIN (TYP) MIN. 15' WIDE
KEYWAY (TYP) Qef KJfs Qc GEOGRID TENSAR BX 1200 13' WIDE (OR EQUIVALENT), VERTICAL SPACING 3' (TYP) MIN. 3' BEDROCK EMBEDMENT Qef REMEDIAL GRADING SHOULD MATCH
EXISTING GRADE
SUBDRAIN (TYP) SUBDRAIN (TYP) HYDROSEED AND MULCH AFTER GRADING IS COMPLETED
EXISTING COLLUVIUM
MAXIMUM SLOPE GRADIENT NOT TO
EXCEED 2:1 (HORIZONTAL:VERTICAL) 2. 1% FALL (MINIMUM) ON ALL TRENCHES AND DRAIN LINES
1. ALL PERFORATED PIPE PLACED PERFORATIONS DOWN
NOTES: KEYWAY SUBDRAIN - OPTION 2
18" MIN. 6" PERFORATED PIPE
2" FILTER MEDIUM*
KEYWAY SUBDRAIN - OPTION 1
18" MIN. FILTER MEDIUM* 18" MIN. *FILTER MEDIUM
1" 3/4" 3/8" #4
#8
#30
#50
#200
18-33
25-40
40-100
90-100
100
5-15
0-7
0-3
SIEVE SIZE % PASSING SIEVE
ALTERNATIVE A CLASS 2 PERMEABLE MATERIAL
ALTERNATIVE B CLEAN CRUSHED ROCK OR GRAVEL WRAPPED IN FILTER FABRIC ALL FILTER FABRIC SHALL MEET THE FOLLOWING MINIMUM AVERAGE ROLL VALUES UNLESS OTHERWISE SPECIFIED BY ENGEO: 180 lbs 6 oz/yd 70-100 U.S. STD. SIEVE
80 gal/min/ft PUNCTURE STRENGTH (ASTM D-4833) 80 lbs FLOW RATE (ASTM D-4491) APPARENT OPENING SIZE (ASTM D-4751) MASS PER UNIT AREA (ASTM D-4751) GRAB STRENGTH (ASTM D-4632) MATERIAL SHALL CONSIST OF CLEAN, COARSE SAND AND GRAVEL OR CRUSHED STONE, CONFORMING TO THE FOLLOWING GRADING REQUIREMENTS: 2 2% MIN. SLOPE
BASE OF KEYWAY
6" PERFORATED PIPE PER
SPECIFICATIONS. PLACED
PERFORATIONS DOWN
DRAINAGE COMPOSITE WITH 6OZ. DRAINAGE FABRIC ON BOTH SIDES, SUCH AS SKAPS TRANSNET TN220 OR
EQUIVALENT MATERIAL PRE-APPROVED
BY THE GEOTECHNICAL ENGINEER
COMPACTED
FILL
2% MIN. SLOPE
BASE OF KEYWAY COMPACTED
FILL
SECTION AND DETAILS
BIG CANYON PARK (BEHIND 3144 BRITTAN AVENUE) CITY PROJECT NO. C2319 SAN CARLOS, CALIFORNIA SPC
SPC
JDB DECEMBER, 2023 AS SHOWN
SAN RAMON - SAN JOSE - SAN FRANCISCO - OAKLAND - ROCKLIN - LATHROP
SANTA CLARITA - IRVINE - NEW ZEALAND
SCALE: 1"=5' CORRECTIVE GRADING TYPICAL CROSS SECTION A - A' Subdrain SECTION 1 Min 2' 0.50' 4' Min
1' 2' Minimum into Ground Embed Rock Flowline CL
(50% of Rock to be 6" Min Diameter) Neatly Placed Rock Finish Grade Min 4' 6' Min
1 1PLAN
2 2 Subdrain Finish Grade FL Filter Fabric
(Mirafi 700X or Equivalent) SECTION 2
2% SLOPE
ENGINEERED FILL SUBDRAIN (TYPICAL) SEE DETAIL SLIDE SURFACE
PROPOSED GRADE DEPTH TO BE DETERMINED IN THE
FIELD BY THE GEOTECHNICAL ENGINEER. ESTIMATED DEPTH 5' SLIDE PLANE
TOE KEYWAY
BENCH INTO FIRM MATERIAL (TYPICAL) 12'-15' MIN.
NO SCALE
KEYWAY SUBDRAIN DETAIL NO SCALE
KEYWAY DETAIL NO SCALE
SUBDRAIN OUTFALL DETAIL
DISTANCE IN FEET
360
370
380
390
400
410
420
430
360
370
380
390
400
410
420
430
10 20 30 40 50 60 70 80 90 100 110 Qef Qc KJfs 1-B3 BORING (ENGEO, 2023) COLLUVIUM
LANDSLIDE DEBRIS
ENGINEERED FILL FRANCISCAN SANDSTONE (JURASSIC)
EXPLANATION Qls
A A' 0
0 10
10 2
1 8.e
February 12, 2024 Packet Pg. 477
EROSION AND SEDIMENT CONTROL
BIG CANYON PARK (BEHIND 3144 BRITTAN AVENUE) CITY PROJECT NO. C2319 SAN CARLOS, CALIFORNIA SPC
SPC
JDB DECEMBER, 2023 AS SHOWN
SAN RAMON - SAN JOSE - SAN FRANCISCO - OAKLAND - ROCKLIN - LATHROP
SANTA CLARITA - IRVINE - NEW ZEALAND
NO SCALE
FIBER ROLL DETAIL FIBER ROLL PER DETAIL THIS SHEET EXPLANATION
FILTERED WATER GRADE
FINISHED
RUNOFF WATER WITH SEDIMENT NOTES: 9" COMPOST WEIGHTED FIBER ROLL
1. WEIGHTED FIBER ROLL SHALL BE MADE OF COMPOST OR OTHER WEIGHTED MATERIAL; OR IF STANDARD FIBER ROLL IS USED IT MUST BE ANCHORED IN PLACE WITH STAKES PER DETAIL ABOVE. 2. ADJACENT FIBER ROLLS SHALL TIGHTLY ABUT AND OVERLAP A MINIMUM OF 3 FEET. 3. RUNOFF MUST NOT BE ALLOWED TO RUN UNDER OR AROUND FIBER ROLL. 4. ROLLS SHALL BE PLACED AT 10'-20' VERTICAL SPACING ALONG FACE OF SLOPE. 4' TYPICAL 2' TYPICAL CONSTRUCTION FENCING NOTES
1. PRIOR TO INITIATING ANY CONSTRUCTION ACTIVITY IN THE AREA, INCLUDING GRADING, TEMPORARY PROTECTIVE FENCING SHALL BE INSTALLED AT LIMITS OF CONSTRUCTION AND AROUND ENVIRONMENTALLY SENSITIVE AREAS.. 2. THE CONSTRUCTION FENCE SHALL BE 4' SNOW FENCING WITH IMMOVABLE STEEL POSTS. THE FENCING SHALL FORM A CONTINUOUS BARRIER, EXCEPT FOR AT ACCESS POINTS. 3. THIS FENCING SHALL SERVE AS A BARRIER TO PREVENT ENCROACHMENT OF CONSTRUCTION ACTIVITIES AND EQUIPMENT ONTO THE PARK AND TO PREVENT PARK VISITORS FORM ENTERING CONSTRUCTION SITE. 4. CONTRACTORS AND SUBCONTRACTORS SHALL DIRECT ALL EQUIPMENT AND PERSONNEL TO
REMAIN INSIDE THE FENCED AREA AT ALL TIMES UNTIL PROJECT IS COMPLETE AND SHALL INSTRUCT EMPLOYEES AS TO THE PURPOSE AND IMPORTANCE OF FENCING. 5. A WARNING SIGN SHALL BE POSED INDICATING THE PURPOSE OF THE FENCING. 6. FENCING MUST REMAIN IN PLACE AND SHALL NOT BE REMOVED UNTIL ALL CONSTRUCTION ACTIVITIES ARE COMPLETED.
FILTERED WATER GRADE
FINISHED
RUNOFF WATER WITH SEDIMENT
9" FIBER ROLL
12" MIN. 4" ± 4" ± WOOD STAKE @ 4' ± SPACING WEIGHTED FIBER ROLL STANDARD FIBER ROLL
CONSTRUCTION FENCING PER DETAIL THIS SHEET EROSION AND SEDIMENT CONTROL PLAN
NO SCALE
VEGETATION PROTECTION FENCING
INSTALL FIBER ROLLS PER
DETAIL THIS SHEET
INSTALL VEGETATION PROTECTION FENCE AT LIMITS OF GRADING AND AT DRIPLINE OF TREES PER DETAIL THIS SHEET
8.e
February 12, 2024 Packet Pg. 478
8.e
February 12, 2024 Packet Pg. 479
i
CITY OF SAN CARLOS
SAN MATEO COUNTY, CALIFORNIA
Public Works Department
600 Elm Street
San Carlos, CA 94070
Contract Documents
For the
Big Canyon Park (Behind 3141-3161 Melendy
Drive) Landslide Repair Project
CITY PROJECT NO: C2320
BIDS DUE: MARCH 5, 2024 AT 10:00 A.M.
BID SET
8.e
February 12, 2024 Packet Pg. 480
ii
Big Canyon Park (Behind 3141-3161 Melendy Drive)
Landslide Repair Project
City Project No. C2320
DESIGN CERTIFICATION
The Plans and Technical Specifications contained herein have been prepared by, or under the responsible charge of, the following registered person(s):
Prepared by:
_____________________________________________December 22, 2023________ YANET ZEPEDA, P.E., ASSOCIATE Date
ENGEO Incorporated
6399 San Ignacio Avenue, Suite 150
San Jose, CA 95119
(925) 786-3027
Approved for Construction: ______________________________________________________________________ GRACE LE, P.E., CITY ENGINEER Date Public Works Department
City of San Carlos
600 Elm Street, San Carlos, CA 94070
(650) 802-4201
8.e
February 12, 2024 Packet Pg. 481
iii
TABLE OF CONTENTS
A. INTRODUCTORY PAGES
Title Page No.
Cover Page i
Design Certification
Table of Contents
ii
iii
Notice Inviting Sealed Proposals v
Instructions to Bidders x
Schedule of Required Bid Documents and Agreement Forms xiii B. BID PROPOSAL
Bid Proposal Cover Page P-1
Bid Proposal Table of Contents P-2
Bid Proposal P-3
Bidding Requirements P-4
Bid Schedule P-6
Designation of Subcontractors P-8
Department of Industrial Relations Registration Requirement P-8 Certifications and Affidavits
Non-Collusion Affidavit P-9
ualifications P-10
P-11
Signature Pages P-12
P-14
C. AGREEMENT AND AGREEMENT FORMS
Agreement and Agreement Forms Table of Contents A-1
Public Project Agreement A-2
Exhibit A A-11
Exhibit B Insurance Coverage Form A-12
Resolution of Construction Claims A-13
Agreement Forms
Payment Bond A-15
Performance Bond A-17
Workers Compensation Certification A-19
Certification of Safety Requirements for Contractors and Vendors A-20 Drug-Free Workplace Certification A-21
Escrow Agreement for Security Deposits in Lieu of Retention (Optional) A-22 Guarantee A-25
D. GENERAL PROVISIONS
Section 1 Terms and Definitions GP-1
Section 2 Proposal Requirements and Conditions GP-5
Section 3 Review of Bids, Contract Award and Execution GP-8 Section 4 Scope and Control of the Work GP-13
Section 5 Changes of Work GP-20
Section 6 Control of Materials GP-24
Section 7 Utilities GP-27
Section 8 Prosecution and Progress GP-30
Section 9 Responsibilities of the Contractor GP-39
Section 10 Measurement and Payment GP-54
Section 11 Guarantee GP-60
8.e
February 12, 2024 Packet Pg. 482
iv
E. SPECIAL PROVISIONS
Section 1 Description of Work SP-1
Section 2 Location SP-1
Section 3 Qualification of Bidders SP-1
Section 4 Day and Hours of Operation SP-1
Section 5 Control of Work SP-2
Section 6 Licenses and Permits SP-2
Section 7 Safety and Health Regulations SP-2
Section 8 Safety of Persons and Property SP-3
Section 9 Staging/Construction Area SP-3
Section 10 Plant and Equipment SP-4
Section 11 Traffic Control SP-4
Section 12 Stormwater Pollution Prevention SP-6
Section 13 Sanitation Facilities and Utilities SP-6
Section 14 Water SP-6
Section 15 Power SP-6
Section 16 Dust Control SP-7
Section 17 Cleanup SP-7
Section 18 Clearing and Grubbing SP-8
Section 19 Protection and Restoration of Existing Improvements SP-8 Section 20 Existing Utilities SP-8
Section 21 Utility Coordination SP-9
Section 22 Obstructions SP-10
Section 23 Protection of Public Safety SP-10
Section 24 Notification of Residents and Merchants SP-10 Section 25 Owner/Contractor Meetings SP-11
Section 26 Construction Schedule SP-11
Section 27 Daily Work Reports SP-11
Section 28 Submittals SP-11
Section 29 Cleaning of Work Area SP-12
F. TECHNICAL PROVISIONS
Section 1 Mobilization TP-1
Section 2 Notification of Residents TP-2
Section 3 Traffic Control TP-5
Section 4 Temporary Utilities and Facilities TP-13
Section 5 Protection of Existing Facilities TP-15
Section 6 TP-21
Section 7 Quality Control TP-30
Section 8 Water Pollution Control TP-37
Section 9 Clearing and Grubbing TP-42
Section 10 Earthwork TP-44
Section 11 Riprap Improvements TP-47
Section 12 Filter Fabric TP-49
Section 13 Articulated Concrete Block TP-51
Section 14 Debris Catchment Fence TP-53
Section 15 Stabilized Decomposed Granite Paving TP-56
Section 16 Erosion Control TP-60
G. APPENDICES
Appendix A Daily Work Report
Appendix B Geotechnical Report
8.e
February 12, 2024 Packet Pg. 483
v
CITY OF SAN CARLOS
SAN MATEO COUNTY, CALIFORNIA
NOTICE INVITING SEALED PROPOSALS
NOTICE IS HEREBY GIVEN that sealed proposals or bids will be for the "Big Canyon Park (Behind 3141-3161 Melendy Drive) Landslide Repair Project, No. C2320 600 Elm Street, San Carlos, CA 94070 by Tuesday, March 5, 2024 at the hour of 10:00 a.m. Note - City Hall is closed to the public every Wednesday and Friday. No Pre-Bid Conference has been scheduled for this Project.
A is required for this work. Work will be done and payments will be made in accordance with provisions more particularly described in the plans and specifications adopted by the San Carlos City Council on Monday, February 12, 2024 and on file in the office of the City Clerk.
The scope of work generally includes repair of a landslide on Big Canyon Park (Behind 3141-3161 Melendy Drive), San Carlos. Bids are required for the entire work described herein in accordance with the instructions $45,000 - $65,000.
Bids must be accompanied by a Proposal guarantee amounting to ten (10%) percent of the bid as described in the specifications. Said guarantee shall be forfeited to the City in case the bidder depositing the same does not, within fifteen days after written notice that the contract has been awarded to the Contractor (1) enter into a contract with the City and (2) furnish Performance and Payment Bonds as described in the specifications.
The City Council reserves the privilege of rejecting any and all proposals or to waive any irregularities or informalities in any proposals or in the bidding. No bidder may withdraw their proposal for a period of ninety (90) calendar days after the date set for opening of proposals. ursuant to Section 1773 of the Labor Code, the general prevailing wage rates for San Mateo County shall apply to this contract, as determined by the Director of the California Department of Industrial Relations.
Plans and specifications, forms of proposals, bonds and contracts may be inspected or obtained from ARC Document Solutions at 829 Cherry Lane, San Carlos, CA 94070, (650) 631-2310; email at [email protected]; or visit the City of San Carlos Website at www.cityofsancarlos.org . Bidders must register with ARC Document Solutions to obtain further information.
Bidders are directed to the Instructions for Bidders for additional contract requirements.
Dated: _____________________ /s/ CRYSTAL MUI
City Clerk _____________________
8.e
February 12, 2024 Packet Pg. 484
This Page Intentionally Left Blank
8.e
February 12, 2024 Packet Pg. 485
vi
CITY OF SAN CARLOS
SAN MATEO COUNTY, CALIFORNIA
INSTRUCTIONS TO BIDDERS
1. Proposal Requirements: Bidder's attention is directed to the General Provisions of these Specifications for the requirements and conditions which must be adhered to in the preparation of the proposal form and submission of this proposal.
2. Receipt of Bids and Bid Opening: Proposals shall be received at the office of the City Clerk, 600 Elm Street, San Carlos, CA 94070, not later than the bid deadline described in the Notice Inviting Sealed Proposals. Proposals shall be submitted in a sealed envelope, plainly marked on the outside Big Canyon Park (Behind 3141-3161 Melendy Drive) Landslide Repair Project, City Project No. C2320 Sealed bids and proposal forms will be examined and declared on the same day by the City Clerk.
3. Time of Completion and Liquidated Damages: All work shall be diligently prosecuted to completion before the expiration of Eighty (80) Calendar Days from the date of receipt of above-specified time limit, the Contractor shall pay liquidated damages to the City, computed at the rate of Five Hundred Dollars ($500) for each calendar day beyond the specified time limit until the project is completed.
4. Bid Security: Pursuant to California Public Contract Code Section 20170, each proposal shall be accompanied by a bid security in the form of cash, cas San Carlos
percent (10%) of the Bid Amount and no bid shall be considered unless such security is enclosed therewith.
5. Bid Guarantee: No bid shall be withdrawn except as provided for pursuant to Public Contract Code Section 5103, and the bidder shall guarantee the Total Bid Price for a period of ninety (90) calendar days from the date of the bid opening.
6. C : Bidders are to be licensed in accordance with the provisions of the Professions
Code. In addition, at the time of submitting the bid, bidder must have the following : Class A . 7. Additional Registration and Licensing Requirements: In accordance with Labor Code Section 1725.5, Contractor and all Subcontractors shall be registered with the California Department of Industrial Relations (DIR) as a condition of being listed on the proposal form. All 2nd and lower tier subcontractors working on the project shall be registered with the Department of Industrial Relations prior to the work being performed. Contractor and all Subcontractors shall also obtain a City business license prior to the work being performed.
8. Prevailing Wage: The work contemplated by this contract is a public work subject to prevailing wages under California Labor Code Section 1770 et. seq. The successful bidder will be required to pay not less than the prevailing rate of per diem wages as
8.e
February 12, 2024 Packet Pg. 486
vii
determined by the California Department of Industrial Relations or Federal Minimum Wage Rates, as determined by the United States Secretary of Labor in effect on the date the work is performed.
9. Bonds and Insurance: All contractors are required to furnish to the City faithful performance, labor and materials, and 2-year warranty bonds and insurance, as required in the specifications.
10. Security Substitution: Pursuant to California Public Contract Code Section 22300, and at the request and expense of the Contractor to whom the Contract is awarded, securities of a value equivalent to the retention amount, in a form approved by the City, shall be permitted in substitution for money withheld by the City to ensure performance under the Contract.
11. Pre-Bid Conference: No pre-bid conference has been scheduled for this project.
12. Requests for Clarification and Project Communication: In the event the bidder has any questions as to the meaning of any part of the plans and specifications, or if the bidder finds any error, inconsistency, or ambiguity in the Contract Documents, the bidder shall make a written request for clarification prior to submitting its bid. All questions and comments regarding the plans and specifications should be directed to the Project Manager indicated below and will only be responded to if received in writing at least five (5) working days before the bid opening. Questions received after this time and date may not be addressed.
City of San Carlos Public Works Department
600 Elm Street, San Carlos, CA 94070
Attention: Evan Cai, Associate Engineer
[email protected]
Telephone: (650) 802-4196
Fax: (650) 595-6704
13. 8.e
February 12, 2024 Packet Pg. 487
viii
SCHEDULE OF REQUIRED
BID DOCUMENTS AND AGREEMENT FORMS
Submit with Bid Proposal - The following documents must be completed, signed and submitted as part of the Bid Proposal, prior to the bid opening:
Completed Bid Proposal consisting of:
A. Bid Schedule
B. Designation of Subcontractors
C. Certifications and Affidavits:
1. Non-Collusion Affidavit
2. 3.
4. D. Signature Pages
E. Bid Guarantee (Bid Bond attached)
F. Addendum, if any (not attached) signature page to be signed and submitted by bidder.
Submit Prior to Notice to Proceed -The following documents must be completed, signed and submitted after approval and award of the Contract, prior to the Notice to Proceed:
A. Agreement
B. Payment Bond
C. Performance Bond
D. Insurance Endorsements
1. General Liability
2. Automobile Liability
3. E. Certifications
1. Workers Compensation
2. Safety Requirements for Contractors and Vendors
3. Drug-Free Workplace
Submit Prior to Final Acceptance - The following documents must be completed, signed and submitted prior to final acceptance:
A. Guarantee
B. Stop Notice Releases, if any (form not included)
C. Record Drawings
8.e
February 12, 2024 Packet Pg. 488
This Page Intentionally Left Blank
8.e
February 12, 2024 Packet Pg. 489
Bid Proposal Big Canyon Park (Behind 3141-3161 Melendy Drive) Landslide Repair Project Page P-1 Project No. C2320
CITY OF SAN CARLOS
PUBLIC WORKS DEPARTMENT
600 Elm Street
San Carlos, CA 94070
BID PROPOSAL
FOR:
Big Canyon Park (Behind 3141-3161 Melendy
Drive) Landslide Repair Project
City Project No. C2320
IN
CITY OF SAN CARLOS, COUNTY OF SAN MATEO
STATE OF CALIFORNIA
NOTE: All portions of all pages included within this section, and acknowledgement of receipt of any issued addenda must be properly completed, signed, and submitted with the bid. Failure to do so may result in the bid being deemed non-responsive by the City.
8.e
February 12, 2024 Packet Pg. 490
Bid Proposal Big Canyon Park (Behind 3141-3161 Melendy Drive) Landslide Repair Project Page P-2 Project No. C2320
BID PROPOSAL
TABLE OF CONTENTS
Bid Proposal Cover Page.................................................................................... P-1 Bid Proposal Table of Contents .......................................................................... P-2 BID PROPOSAL PAGES TO BE SUBMITTED WITH BID:
Bid Proposal ....................................................................................................... P-3 Bidding Requirements ........................................................................................ P-5 Bid Schedule ...................................................................................................... P-7 Designation of Subcontractors............................................................................ P-9 Department of Industrial Relations Registration Requirement............................. P-9 Certifications and Affidavits
Non-Collusion Affidavit.................................................................................. P-10 .................................................................................. P-11 ...................................................................................... P-12 Signature Pages ................................................................................................. P-13 Bid Bond .................................................................................................... P-15
8.e
February 12, 2024 Packet Pg. 491
Bid Proposal Big Canyon Park (Behind 3141-3161 Melendy Drive) Landslide Repair Project Page P-3 Project No. C2320
BID PROPOSAL
Big Canyon Park (Behind 3141-3161 Melendy Drive)
Landslide Repair Project
CITY PROJECT NO. C2320
Bid To: Honorable Mayor and City Council
City of San Carlos, City Hall
San Carlos, CA 94070
Bid From:
Contact Person:
Business Street Address:
City, State, Zip Code:
Phone No.: ( )
E-mail: __ __________________ Contractor License No.:
Contractor License Expiration Date: ____
Dear Mayor and Members of the City Council:
I, as bidder, declare that I have satisfied myself as to the actual conditions and requirements of the work by careful examination of the location of the proposed work, by examination of the plans and specifications, including the Instructions to Bidders and by other measures, and that after submission of the bid, I will not dispute, complain, or assert that there was any misunderstanding in regards to the nature or amount of work to be done.
I hereby certify that only those parties interested in this proposal as principals are named in this proposal and that this bid is genuine, and not sham, collusion, or made in the interest or in behalf of any person not named. I have not directly or indirectly induced or solicited any other bidder, person, firm, or corporation to put in a sham bid, or refrain from bidding, and have not in any manner sought by collusion to secure for myself an advantage over any other bidder.
I agree that if this proposal is accepted, I will contract with the City of San Carlos in the form of agreement proposed, will provide all bonds and insurance certificates as required by the agreement, and will furnish all equipment and materials and perform all the labor required to complete the work in accordance with the plans, specifications, and other contract documents, for the unit or lump sum prices set forth in the Bid Schedule.
8.e
February 12, 2024 Packet Pg. 492
Bid Proposal Big Canyon Park (Behind 3141-3161 Melendy Drive) Landslide Repair Project Page P-4 Project No. C2320
I have carefully checked all of the figures in the Bid Schedule and understand that the City shall not be responsible for any errors or omissions on my part in making up this bid. I agree that this bid may not be withdrawn for a period of ninety (90) calendar days from the date of the bid opening and that the City reserves the right to reject any or all bids, waive any informality in bids received, and may at its option make the award that in the judgment of the City is to the best interest of the City.
8.e
February 12, 2024 Packet Pg. 493
Bid Proposal Big Canyon Park (Behind 3141-3161 Melendy Drive) Landslide Repair Project Page P-5 Project No. C2320
BIDDING REQUIREMENTS
The work to be done and referred to here is in the City of San Carlos, County of San Mateo, State of California, and shall be constructed in accordance with all provisions of the project specifications and project plans including: any addenda; the Instructions to Bidders, the Agreement; the Standard Specifications and Standard Plans of the California Department of Transportation, current edition; the Labor Surcharge and Equipment Rental Rates; and payment of not less than the higher of the prevailing rate of per diem wages, as determined by the Director of the California Department of Industrial Relations, or Federal minimum wage rate, as pre-determined by the United States Secretary of Labor in effect on the date the work is performed.
For each of the various contract items of work designated on the Bid Schedule, the bidder shall set forth a unit or lump sum price, which the bidder shall then use to calculate and designate a total cost for each item of work based upon the designated estimate of the quantities of work to be done, all in clearly legible figures in the respective spaces of the Bid Schedule provided for this purpose.
The bidder shall include in the unit or lump sum prices paid for the various contract items of work full compensation for conforming to the requirements of the Contract Documents and for completing all of the work required. No additional compensation shall be granted for any additional items unless categorized and approved as extra work under the terms of the agreement.
The estimate of construction quantities set forth in the Bid Schedule is approximate only, being given only as a basis for the comparison of bids, and the City does not expressly or by implication agree that the actual amount of work will correspond with those estimated quantities. The City reserves the right to increase the amount of any class or portion of the work or to omit portions of the work as may be deemed necessary or expedient by the Engineer. There shall be no claim for damage or loss of anticipated profit for any bid item omitted in its entirety, and payment will only be made on the basis of actual quantities of work performed.
If the City accepts this proposal and the bidder fails to enter into the contract and/or fails to furnish bonds, as required by the specifications with sureties satisfactory to the City within ten (10) calendar days after the bidder has received notice from the City that the contract has been awarded, the City may, at its option, determine that the bidder has breached and abandoned the contract, and thereupon, the bid security accompanying this proposal shall be forfeited and become the property of the City.
The Notice to Proceed will not be issued until after the contract has been fully executed. The Contractor shall commence the work under the contract within ten (10) days following the date of the Notice to Proceed, or as otherwise specified in the project specifications or negotiated with the City, and shall diligently prosecute the project to completion within the time specified. The contract completion period is inclusive of the time needed for material delivery.
Bidder shall comply with the requirements of the California Labor Code, including Sections 1770 et seq., and pay not less than the prevailing rate of per diem wages, as determined by the Director of the California Department of Industrial Relations. Copies of such prevailing rate of per diem wages are on file at the office of the City Engineer, which copies shall be made available to any interested party upon request. The Contractor shall post a copy of such determination at the job site.
8.e
February 12, 2024 Packet Pg. 494
Bid Proposal Big Canyon Park (Behind 3141-3161 Melendy Drive) Landslide Repair Project Page P-6 Project No. C2320
As required by Section 6705 of the California Labor Code and in addition thereto, for any the Engineer for acceptance, 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.
In accordance with the provisions of Section 1860 of the Labor Code, prior to performing work on the contract, each Contractor to whom a public works contract is awarded shall sign and file with Section 2 of the General Provisions for additional information and requirements pertaining to the submission of a bid, and which is incorporated here by reference.
Industrial Relations according to Labor Code Section 1725.5.
Any protest of the proposed contract award must be submitted in writing to the City no later than 5:00 p.m. on the fifth business day following the date of the bid opening. Bidder is directed to the Section of the General Provisions for additional information.
8.e
February 12, 2024 Packet Pg. 495
Bid Proposal Big Canyon Park (Behind 3141-3161 Melendy Drive) Landslide Repair Project Page P-7 Project No. C2320
BID SCHEDULE
Bids are to be submitted for the entire work. All applicable sales taxes, state and/or federal, and any other special taxes, patent rights or royalties are included in the prices quoted in the bid. ccordingly, except as provided in cases
involving (a) or (b) below:
(a) If the amount set forth as a unit price is unreadable or otherwise unclear, or is omitted, or is the same as the amount entered in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price; (b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the item total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentage-wise the unit price or item total in the If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular. Likewise, if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted, the bid may be deemed irregular unless the project being bid has only a single item and a clear, readable total bid is provided.
In the case of a discrepancy between the sum of the figures in the item total column (adjusted per the previous paragraphs, if necessary) and the amount set forth as the total base bid amount, the sum of the figures in the item total column shall prevail and the amount shown as the total base bid amount shall be adjusted accordingly.
8.e
February 12, 2024 Packet Pg. 496
Bid Proposal Big Canyon Park (Behind 3141-3161 Melendy Drive) Landslide Repair Project Page P-8 Project No. C2320
BASE BID ITEMS ARE AS FOLLOWS:
Big Canyon Park (Behind 3141-3161 Melendy Drive)
Landslide Repair Project
CITY PROJECT NO. C2320
Item
No. Item Description Estimated
Quantity Unit Unit Price Item Total
1 Mobilization/Demobilization 1 LS $ $
2 Exclusion/Vegetation Protection
Fencing 60 LF $ $
3 Hand Grooming-Backfilling Rills,
Tapering Scarp 1 LS $ $
4 Erosion Control- Coir blankets,
Native Seeds and Plantings 1 LS $ $
5 Hydroseeding 2500 SF $ $
6 Articulated Concrete Block (ACB) 160 SF $ $
7 Decomposed Granite 160 SF $ $
8 Debris Catchment Fence 30 LF $ $
9 Riprap - 150 lb (Caltrans Class III) 30 CY $ $
10 Water Pollution Control 1 LS $ $
Total Base Bid Amount: $___________________
Notes:
1. The Contract will be compared and awarded on the basis of the Total Base Bid Amount.
2. All items on the Base Bid Schedule must be bid. Partial bids will not be accepted.
3. The City reserves the right to reject all bids for any reason whatsoever.
4. 8.e
February 12, 2024 Packet Pg. 497
Bid Proposal Big Canyon Park (Behind 3141-3161 Melendy Drive) Landslide Repair Project Page P-9 Project No. C2320
DESIGNATION OF SUBCONTRACTORS
The Contractor shall perform work equaling at least 30 percent of the value of the original total operators.
In accordance with the Subletting and Subcontracting Fair Practices Act, Public Contract Code sections 4100 et seq
required by law, the following concerning subcontractors.
1. The portion of the work, which will be done by each such subcontractor; and
2. The name and location of the place of business of each subcontractor who will perform work or labor, fabricate a portion of the work or improvement according to detailed drawings in the project plans, or render service to the Contractor in or about the construction of the work in an amount in excess of one- . Portion of Work to be
Performed by Subcontractor
Subcontractor Name,
Address and License Number
(License No. Required under AB 44)
Registered
with DIR?
check if yes
1. 2.
3. 4.
5. 6.
7. (For additional Subcontractors, attach copies of this sheet as necessary)
DEPARTMENT OF INDUSTRIAL RELATIONS REGISTRATION REQUIREMENT In accordance with Labor Code Section 1725.5, all contractors and subcontractors listed on a public works bid proposal must be registered with the DIR.
8.e
February 12, 2024 Packet Pg. 498
Bid Proposal Big Canyon Park (Behind 3141-3161 Melendy Drive) Landslide Repair Project Page P-10 Project No. C2320
NON-COLLUSION AFFIDAVIT
Title 23 United States Code Section 112 and
Public Contract Code Section 7106
State of California )
) ss.
County of _______________ )
(name of person signing affidavit), being first duly
sworn, deposes and says under penalty of perjury under the laws of the State of California, that he/she/they have the right, power, legal capacity, and authority to execute this Affidavit as (sole owner, partner, president, secretary, etc) of
(legal name of Bidder), the Bidder, that the
Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the Bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other Bidder to put in any false or sham Bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or that anyone shall refrain from Bidding; that the Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder, or to secure any advantage against the public body awarding the Contract or anyone interested in the proposed Contract; that all statements contained in the Bid are true; and, further, that the Bidder has not, directly or indirectly, submitted his Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, Bid depository, or to any member or agent thereof to effectuate a collusive or sham Bid.
IN WITNESS WHEREOF, the undersigned, as bidder, represent and warrant that they have the right, power, legal capacity, and authority to enter into and execute this document on behalf of the Bidder, and have executed this document by setting hereto their names, titles and signature. (Signature of Representative of Bidder)
Subscribed and sworn to before me, a Notary Public in and for the State of California, County of _____________________, this ______ day of _________________, 20____.
Signature of Notary Public:________________________
My Commission expires __________________, 20_____ (Seal)
8.e
February 12, 2024 Packet Pg. 499
Bid Proposal Big Canyon Park (Behind 3141-3161 Melendy Drive) Landslide Repair Project Page P-11 Project No. C2320
The following statements as to the financial qualifications and experience of the Bidder are submitted as a part of this Bid and the Bidder guarantees the truthfulness and accuracy of the information. Pursuant to Public Contract Code 10165, financial statements and experience questionnaires are not public records and are not open to public inspection.
Financial Data
Reference is hereby made to the following bank or banks as to the financial responsibility of the bidder.
NAME OF BANK ADDRESS
Experience Data
The Bidder has been engaged in the contracting business, under the present business name for ________ years. Experience in work of a nature similar to that covered in this Bid extends over a period of __________ years.
The Bidder as a Contractor has never failed to satisfactorily complete an awarded contract from a governmental entity, except as follows: (Name all exceptions and reasons therefore):
trade along with a brief description of their experience. If Bidder is awarded the Contract, it is understood that the work will be directed and actively supervised by one of these persons.
List of Personnel Knowledge/Skills Experience
8.e
February 12, 2024 Packet Pg. 500
Bid Proposal Big Canyon Park (Behind 3141-3161 Melendy Drive) Landslide Repair Project Page P-12 Project No. C2320
S
List three (3) major projects which the Bidder has performed comparable work within the last three (3) years. Provide a contact person and description of the project, or other such information that will demonstrate the ability to vigorously prosecute the work.
1. PROJECT NAME LOCATION YEAR COMPLETED
AGENCY CONTACT PERSON TELEPHONE NO. FINAL CONSTRUCTION COST
BRIEF DESCRIPTION OF THE WORK AND/OR MANNER OF EXECUTION
2. PROJECT NAME LOCATION YEAR COMPLETED
AGENCY CONTACT PERSON TELEPHONE NO. FINAL CONSTRUCTION COST
BRIEF DESCRIPTION OF THE WORK AND/OR MANNER OF EXECUTION
3. PROJECT NAME LOCATION YEAR COMPLETED
AGENCY CONTACT PERSON TELEPHONE NO. FINAL CONSTRUCTION COST
BRIEF DESCRIPTION OF THE WORK AND/OR MANNER OF EXECUTION
8.e
February 12, 2024 Packet Pg. 501
Bid Proposal Big Canyon Park (Behind 3141-3161 Melendy Drive) Landslide Repair Project Page P-13 Project No. C2320
SIGNATURE PAGES
The terms and conditions of the final contract when executed shall control and supersede anything herein to the contrary or inconsistent with such contract.
The bidder has inspected the site of the proposed work in order to satisfy the bidder, by personal examination, or by such other means as the bidder prefers, of the location of the proposed work and as to the actual conditions of and at the work site. The bidder hereby offers to furnish all labor, materials, equipment, transportation, and services necessary to complete the work on this project in accordance with the Contract Documents and to complete all requirements of the Contract Documents for the sums quoted in this Bid.
Addenda:
(if any) bidder has received and examined all addenda issued during the bid period and agrees that all addenda shall be made a part of the Contract Documents. The bidder acknowledges receipt and incorporation of all impacts resulting from all addenda issued by inserting the number of each addendum below OR by signing and submitting with the bid proposal the signature page from each addendum.
Addendum Nos. _____, _____, _____, _____, _____, _____, _____, _____ In accordance with Public Contract Code Section 20170, accompanying this Bid is _________ of San Carlos in the amount of
___________________________________________________($_______________) equal to at least ten percent (10%) of the total amount of this bid. This amount is given as a guarantee that, in case the undersigned defaults in executing a contract and/or furnishing the necessary bonds after contract award, the said guarantee and the money payable thereon shall become and remain the property of the City as liquidated damages.
Company Profile:
The names of all persons interested in the foregoing bid as principals are as follows:
(Note: If bidder or other interested person is a corporation, state the legal name of corporation, also names of the president, secretary, treasurer and manager thereof; if partnership, state true name of firm, also names of all individual partners composing firm; if bidder or other interested person is an individual, state first and last name in full).
Firm Name:
Business Address:
Names and Titles of Company Officers:
1. 2.
3. 4.
8.e
February 12, 2024 Packet Pg. 502
Bid Proposal Big Canyon Park (Behind 3141-3161 Melendy Drive) Landslide Repair Project Page P-14 Project No. C2320
Proposal Execution:
IN WITNESS WHEREOF, the undersigned, as bidder, represent and warrant that they have the right, power, legal capacity and authority to enter into and execute this document on behalf of the Bidder, and have executed this document by setting hereto their names, titles, and signatures. expiration date and name of bidder, are true and correct, shall be complied with and are made under penalty of perjury.
IF SOLE OWNER, sign here:
I sign as sole owner of the business named above.____________________________ Social Security Number:_________________________________________________ Employer Identification Number:___________________________________________ IF PARTNERSHIP, sign here:
The undersigned certify that we are partners in the business named above and that we sign this contract proposal with full authority to do so. (one or more partners sign) ______________________________________________________________________ ______________________________________________________________________ Federal Tax Identification No. (EIN):_________________________________________ State Tax Identification No.:________________________________________________ IF CORPORATION, execute here:
The undersigned certify that they sign this contract proposal with full and proper authorization to do so.
Corporate name _________________________________________________________ By_____________________________________ (Title) _________________________ By_____________________________________ (Title) _________________________ Incorporated under the laws of the State of ___________________________________ Federal Tax Identification No. (EIN):_________________________________________ State Tax Identification No.:_______________________________________________ Subscribed and sworn to before me, a Notary Public in and for the State of California, County of _____________________, this ______ day of _________________, 20____.
Signature of Notary Public:________________________
My Commission expires __________________, 20_____ (Seal)
8.e
February 12, 2024 Packet Pg. 503
Bid Proposal Big Canyon Park (Behind 3141-3161 Melendy Drive) Landslide Repair Project Page P-15 Project No. C2320
To Accompany Contract Proposal
KNOW ALL PERSONS BY THESE PRESENTS:
That we, the undersigned _________________________________________, as principal and __________________________________, as surety, are held and firmly bound unto the City of San Carlos as OWNER in the penal sum of TEN PERCENT (10%) of the total amount of the bid of the principal, for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns.
The condition of the above obligation is such that whereas the Principal has submitted to OWNER a certain BID attached hereto and hereby made a part hereof to enter into a contract in writing, for the Big Canyon Park (Behind 3141-3161 Melendy Drive) Landslide Repair Project, City Project No. C2320. NOW, THEREFORE
(a) If said BID shall be rejected, or
(b) If said BID shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said BIDS including all required bonds for faithful performance and labor and material, as well as all required evidence of insurance) then this obligation shall be void, otherwise the same shall remain in force and effect.
costs incurred by the City in such suit.
The Surety, for value received, stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the City of San Carlos may accept such BID; and said Surety does hereby waive notice of any such extension.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, this day and year first set forth.
By: (L.S.) By: (Principal) (Seal) (Surety) (Seal)
Subscribed and sworn to before me, a Notary Public in and for the State of California, County of _____________________, this ______ day of _________________, 20____.
Signature of Notary Public:________________________ (Seal) My Commission expires __________________, 20_____
IMPORTANT: Surety companies executing BONDS must be authorized to transact Surety insurance in the State of California. If Contractor is Partnership, all partners should execute BOND.
8.e
February 12, 2024 Packet Pg. 504
This Page Intentionally Left Blank
8.e
February 12, 2024 Packet Pg. 505
Bid Proposal Big Canyon Park (Behind 3141-3161 Melendy Drive) Landslide Repair Project Page A-1 Project No. C2320
AGREEMENT AND AGREEMENT FORMS
TABLE OF CONTENTS
Public Project Agreement ......................................................................................... A-2 ....................................................................... A-11 Exhibit B: Insurance Coverage ................................................................................ A-12 Resolution of Construction Claims............................................................................ A-13 Agreement Forms
Payment Bond .............................................................................................. A-15 Performance Bond........................................................................................ A-17 Workers Compensation Certification ............................................................ A-19 Certification of Safety Requirements for Contractors and Vendors................ A-20 Drug Free Workplace Certification ................................................................ A-21 Escrow Agreement for Security Deposits in Lieu of Retention (Optional) ...... A-22 Guarantee..................................................................................................... A-25
8.e
February 12, 2024 Packet Pg. 506
Bid Proposal Big Canyon Park (Behind 3141-3161 Melendy Drive) Landslide Repair Project Page A-2 Project No. C2320
AGREEMENT FOR PUBLIC PROJECTS
This Agreement is made and entered into as of __________________ by and between the City of San Carlos hereinafter called "CITY" and ____________________ hereinafter called
RECITALS
This Agreement is entered into with reference to the following facts and circumstances.
A. That CITY desires to engage CONTRACTOR to provide a product and/or services to the CITY;
B. That CONTRACTOR is qualified to provide the product and/or services to the CITY and; Therefore, the CITY has elected to engage CONTRACTOR upon the terms and conditions as hereinafter set forth.
1. Services. The services to be performed by CONTRACTOR under this Agreement reference, incorporated herein and made a part hereof as though it were fully set forth herein.
Performance of the services specified in said Exhibit is hereby made an obligation of CONTRACTOR under this Agreement, subject to any changes that may be made subsequently hereto upon the mutual written agreement of the said parties.
Where in conflict, the terms of this Agreement supersede and prevail over any terms set forth in Exhibit A.
2. Term; Termination. (a) The term of this Agreement shall commence upon the date hereinabove written and shall expire upon the date enumerated in Exhibit A, delivery of the product or completion of performance of services hereunder by CONTRACTOR, whichever date shall first occur. (b) Notwithstanding the provisions of (a) above, CITY may terminate this Agreement without cause by giving written notice not less than thirty (30) days prior to the effective date of termination, which date shall be included in said notice. CITY shall compensate CONTRACTOR for any product delivered and/or for services rendered, and reimburse CONTRACTOR for costs and expenses incurred to the date of termination, calculated in accordance with the provisions of paragraph 3. In ascertaining the services actually rendered to the date of termination, consideration shall be given both to completed work and work in process of completion. Nothing herein contained shall be deemed a limitation upon the right of CITY to terminate this Agreement for cause, or otherwise to exercise such rights or pursue such remedies as may accrue to CITY hereunder.
3. Compensation; Expenses; Payment. CITY shall compensate CONTRACTOR for all products supplied or services performed by CONTRACTOR hereunder, as shown in Exhibit A attached hereto, and by this reference incorporated herein.
8.e
February 12, 2024 Packet Pg. 507
Bid Proposal Big Canyon Park (Behind 3141-3161 Melendy Drive) Landslide Repair Project Page A-3 Project No. C2320
Notwithstanding the foregoing, the combined total of compensation and reimbursement of costs payable hereunder shall not exceed the sum of __________________$_________, as provided in the approved bid documents or in this Agreement, unless additional amounts have been authorized in the acceptance of the bid and approved in advance of supplying the product, performing the services, or incurri
Manager (for contracts less than $175,000 or authorized by City Council action for contracts $175,000 or more by motion duly made and carried).
Compensation and reimbursement of costs and expenses hereunder shall be payable upon CONTRACTOR meeting contract milestones, as defined in Exhibit A. Billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items billed.
CONTRACTOR affirms that its employees and contractors comply with California Prevailing Wage Law.
4. Additional Services. In the event the public project requires the delivery of additional products or performance of additional services not otherwise included within Exhibit A, such products or services must be authorized in advance by s than $175,000 or authorized by City
Council action for contracts $175,000 or more by motion duly made and carried).
Such amendment to this Agreement shall include a description of the project or services to be performed thereunder, the maximum compensation and reimbursement of costs and expenses payable therefore, the time of performance thereof, and such other matters as the parties deem appropriate. Any additional services causing the total contract price to exceed $175,000, shall require approval by the City Council. Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such amendment.
5. Records. CONTRACTOR shall keep and maintain accurate records of products delivered, or of all time expended in performing services, and costs and expenses incurred relating thereto. Said records shall be available to CITY for review and copying during regular b
as otherwise agreed upon by the parties.
6. Authorization. This Agreement becomes effective when endorsed by both parties in the space provided below.
7. Reliance on Specialized Professional Skill of CONTRACTOR. CONTRACTOR represents that it has the necessary professional skills to perform the services required and the CITY shall rely on such specialized skills of the CONTRACTOR to do and perform the work. In performing services hereunder, CONTRACTOR shall adhere to the standards generally prevailing for the performance of services similar to those to be performed by CONTRACTOR hereunder.
8. Documents. All documents, plans, drawings, renderings, and other papers, or copies thereof, as finally rendered, prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation and delivery to CITY, become the property of CITY
8.e
February 12, 2024 Packet Pg. 508
Bid Proposal Big Canyon Park (Behind 3141-3161 Melendy Drive) Landslide Repair Project Page A-4 Project No. C2320
9. Relationship of Parties. It is understood that the relationship of CONTRACTOR to the CITY is that of an independent contractor and all persons working for or under the direction of CONTRACTOR are its agents or employees and not agents or employees of the CITY.
10. Schedule. CONTRACTOR shall adhere to the schedule set forth in Exhibit A; provided that CITY shall grant reasonable extensions of time for the delivery of products or performance of services occasioned by governmental reviews of unavoidable delays; provided further, that
such unavoidable delay shall not include strikes, lockouts, work stoppages, or or employees.
CONTRACTOR acknowledges the importance to CITY of timely delivery of products or services and agrees to put forth its best professional efforts to perform in a manner consistent with that schedule.
11. Indemnity. CONTRACTOR shall indemnify, defend, and hold harmless City, its officers, employees, agents and volunteers from and against all liability, loss, damage, expense, and cost (including, without limitation, reasonable legal counsel fees, expert fees, and all other costs and fees of litigation) of every nature arising misconduct in the performance of work hereunder, or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage caused by the active negligence or willful misconduct of the CITY. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement.
Nothing herein contained shall be construed to require CONTRACTOR to indemnify CITY, its officers, employees, agents, and volunteers against any responsibility or liability in contravention of Section 2782 of the California Civil Code.
12. Insurance
-owned and hired
performed hereunder covering C
corresponding to the aforesaid categories of insurance per insurable event shall be as follows:
Insurance Category Minimum Limits
statutory minimum
$1,000,000 per accident for bodily
injury or disease. CONTRACTOR
shall submit to CITY a Waiver of
Subrogation endorsement in favor of
8.e
February 12, 2024 Packet Pg. 509
Bid Proposal Big Canyon Park (Behind 3141-3161 Melendy Drive) Landslide Repair Project Page A-5 Project No. C2320
CITY, its officers, agents, employees,
and volunteers.
Commercial General Liability $2,000,000 per occurrence for Liability bodily injury, personal injury,
and property damage, including
without limitation, blanket contractual
liability and coverage for explosion,
collapse, and underground property
damage hazards. If a general
aggregate limit applies, either the
general aggregate limit shall apply
separately to this project/location, or
the general aggregate limit shall be
twice the required occurrence limit.
Coverage must be at least as broad
as Insurance Services Office form
CG 00 01.
Automobile Liability $2,000,000 er accident for bodily
injury and property damage
(coverage required to the extent
vehicle usage in performing services
hereunder).
Other Insurance Provisions
Concurrently with the execution of this Agreement, CONTRACTOR shall furnish CITY with certificates and copies of information or declaration pages of the insurance required hereunder and, with respect to evidence of commercial general liability and automobile liability insurance coverage, original endorsements:
(a) Precluding cancellation or reduction in per occurrence limits before the expiration of thirty (30) days (10 days for nonpayment) after CITY shall have received written notification of cancellation in coverage or reduction in per occurrence limits by first class mail;
(b) - contributory, and be endorsed using Insurance Services Office form CG 20 10 to provide that CITY and its officers, officials, employees, and agents shall be additional insureds under such policies. An endorsement providing completed operations coverage for the additional insured, ISO form CG 20 37, is also required.
Claims Made Policies
If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
8.e
February 12, 2024 Packet Pg. 510
Bid Proposal Big Canyon Park (Behind 3141-3161 Melendy Drive) Landslide Repair Project Page A-6 Project No. C2320
3. If coverage is canceled or non-renewed, and not replaced with another claimsmade policy form with a Retroactive Date prior to the contract effective date, the five (5) years after completion of contract work.
Verification of Coverage
CONTRACTOR shall furnish the CITY with original certificates and amendatory endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the CITY before work commences. However, failure to obtain the required documents prior to the work CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Waiver of Subrogation
CONTRACTOR hereby grants to CITY a waiver of any right to subrogation, which any insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance. This provision applies regardless of whether or not the CITY has requested or received a waiver of subrogation endorsement from the insurer.
Acceptability of Insurers
than A:VII, unless otherwise acceptable to the City.
Special Risks or Circumstances
CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
Coverage
It is a requirement under this agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits, shall be made available to the Additional Insured and shall be (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater.
CONTRACTOR shall maintain insurance as required by this contract to the fullest amount allowed by law and shall maintain insurance for a minimum of five years following completion of the project. In the event CONTRACTOR fails to obtain or maintain completed operations coverage as required by this agreement, the CITY at its sole discretion may purchase the coverage required and the cost shall be paid by CONTRACTOR.
Primary and Non-Contributory Coverage
-
insurance or self-insurance and shall be at least as broad as CG 20 01 04 12.
8.e
February 12, 2024 Packet Pg. 511
Bid Proposal Big Canyon Park (Behind 3141-3161 Melendy Drive) Landslide Repair Project Page A-7 Project No. C2320
Excess Insurance
The limits of insurance required in this agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before the CITY insurance or self-insurance shall be called upon to protect it as a named insured.
13. Subcontractors. CONTRACTOR agrees to include with all subcontractors in their subcontracts the same requirements and provisions of this agreement, including the indemnity and Insurance requirements to the extent they apply to the scope of contractors hired by CONTRACTOR agree to be
bound to CONTRACTOR and CITY in the same manner and to the same extent as CONTRACTOR is bound to CITY under the Contract Documents. Subcontract shall agree to include these same provisions in any agreement with a subsubcontractor. CONTRACTOR shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and will provide proof of compliance to the CITY.
Subcontractor shall agree to be bound to CONTRACTOR and CITY in the same manner and to the same extent as CONTRACTOR is bound to CITY under the Contract Documents. Subcontractor shall further agree to include the same requirements and provisions of this agreement, including the indemnity and Insurance requirements with a sub-subcontractor to the extent they apply to the scope of the subIndemnity and Insurance provisions shall be furnished to the subcontractor upon request.
14. Workers' Compensation. CONTRACTOR certifies that he/she/it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and CONTRACTOR certifies that he will comply with such provisions before commencing the performance of the work of this agreement.
15. Non-Discrimination. The CONTRACTOR hereby assures that it will comply with Subchapter VI of the Civil Rights Act of 1964, 42 USC Section 2000 (e)(17), to the end that CONTRACTOR will not exclude any person from participation in, be denied the benefits of, or be otherwise subject to discrimination from any project, program, or activity supported by this Agreement, based on the grounds of race, color, national origin, sex, disability, age, or religion. CONTRACTOR shall comply with its EEO Certification (Form PW-7). In addition, CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The CONTRACTOR will take affirmative action to insure that applicants are employed and the employees are treated during employment without regard to their race, color, religion, sex, or national origin.
Such action shall include, but not be limited to the following: employment, advancement, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The CONTRACTOR shall at all times be in compliance
8.e
February 12, 2024 Packet Pg. 512
Bid Proposal Big Canyon Park (Behind 3141-3161 Melendy Drive) Landslide Repair Project Page A-8 Project No. C2320
with the requirements of the Federal Americans With Disabilities Act (Public Law 101-336) which prohibits discrimination on the basis of disability by public entities.
The CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by the CITY setting forth the provisions of this non-discrimination clause.
16. Notice. All notices required by this Agreement shall be given to the CITY and CONTRACTOR in writing, by first class mail, postage prepaid, addressed as follows:
CITY: City of San Carlos
600 Elm Street
San Carlos, CA 94070
Attention:
CONTRACTOR: _____________________
Address
Phone
Attention: ______________
17. Non-Assignment. This Agreement is not assignable either in whole or in part.
18. Amendments. This Agreement may be amended or modified only by written agreement signed by both parties.
19. Business Registration. CONTRACTOR agrees to comply with Chapter 5.04 of the Municipal Code and pay all fees required to be paid.
20. Validity. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.
21. Governing Law. This Agreement shall be governed by the laws of the State of California and any suit or action initiated by either party shall be brought in the County of San Mateo, California. In the event of litigation between the parties hereto to enforce any provision of the Agreement, the unsuccessful party will pay
22. Mediation. Should any dispute arise out of this Agreement, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither party shall be permitted to file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties.