2. Fiber shall have a water holding capacity by weight of not less than 1,200 percent as determined by the procedure used in the Department's Final Report, CA-DOT-TL-2176-1-76-36, "Water-holding Capacity for Hydromulch", available at the Transportation Laboratory, 5900 Folsom Boulevard, Sacramento, CA 95819.
3. Fiber shall be of such character that the fiber will disperse into a uniform slurry when mixed with water. Water content of the fiber before mixing into slurry shall not exceed 15 percent of the dry weight of the fiber. The percentage of water in the fiber shall be determined by California Test 226. Commercially packaged fiber shall have the moisture content of the fiber marked on the package. Fiber shall be colored to contrast with the area on which the fiber is to be applied and shall not stain concrete or painted surfaces.
4. A Certificate of compliance for fiber shall be furnished to the City’s Representative.
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.
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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.
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B. Pesticides or fertilizers shall not be over applied and material manufacturer’s instructions shall be followed regarding uses, protective equipment, ventilation, flammability, and mixing of chemicals. Over application of a pesticide constitutes a “label violation” subject to an enforcement action by the San Mateo County 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.
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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
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Revised April 25, 2025
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 2024 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.
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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
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Revised April 25, 2025
SECTION 10 – EARTHWORK
(INCLUDING EXCAVATION FOR REPLACEMENT/STOCKPILING, GRADING
CUT/FILL FOR WALL AND SLOPE, TRENCH BACKFILL)
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 2024 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 2024 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 (2024), Geotechnical Recommendations for Stormwater Conveyance System Repair; Sheldon Avenue; November 8, 2024; Project No. 13387.000.033
1.04 DEFINITION
A. Backfill
Materials used in refilling a cut, trench, or other excavation.
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B. Compaction
The process of mechanically stabilizing a material by increasing its density at a controlled moisture condition. “Degree of Compaction” is expressed as a percentage of the maximum density obtained by the test procedure described in ASTM D1557 for general soil types, abbreviated in this specification as “90 percent compaction.”
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 25.
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.
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PART 2 – MATERIAL
2.01 MATERIALS
The Contractor shall furnish fill materials in accordance with 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 25.
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.
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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.
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 “Clearing and Grubbing,” of these specifications.
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’s expense.
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.
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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 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.
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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.
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 (Including Excavation For Replacement/Stockpiling, Grading Cut/Fill For Wall And Slope, Trench Backfill) shall be measured and paid as lump sum. The price paid shall include full compensation for performing the scope of Work specified in this section, furnishing all labor, materials, tools, equipment, and incidentals 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
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Revised April 25, 2025
SECTION 11 – 24-INCH-DIAMETER REINFORCED CONCRETE PIPE (RCP) 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 24-inch-diameter reinforced concrete pipe (RCP) with flared end as shown on the plans and as directed by the Engineer.
1.02 REFERENCE STANDARDS
A. Excavation and backfill must comply with Section 10 and shall conform to Section 19 of the 2024 Caltrans Standard Specifications.
PART 2 – MATERIALS
2.01 PIPE
A. 24-inch-diameter Class II reinforced concrete pipe (RCP).
2.02 FLARED END
A. Flared end shall conform to Type A per the approved Plans.
PART 3 – EXECUTION
3.01 Verify existing elevations prior to extensive excavating and notify the Engineer of any discrepancies. Contractor shall be liable for any premature construction, which must be modified due to unforeseen existing conditions.
3.02 The RCP shall be installed in conformance with the approved plans and City of San Carlos Standard Details.
3.03 RCP penetration through headwall shall be constructed as shown in the approved Plans.
PART 4 – MEASUREMENT AND PAYMENT
The Contract unit price paid for 24-inch-Diameter Reinforced Concrete Pipe (RCP) shall be measured and paid per linear foot. Flared end section shall be paid per lump-sum unit. The price paid shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all Work to install the pipe and flared end as described in this section, as shown in 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
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SECTION 12 – CAST-IN-PLACE CONCRETE
(INCLUDING CAST-IN-PLACE (CIP) HEADWALL AND CAST-IN-DRILLED-HOLE (CIDH) PIER FOUNDATION)
PART 1 – GENERAL
1.01 WORK INCLUDED
The Work under this section includes providing all labor, materials, tools, and equipment necessary for furnishing and constructing the cast-in-drilled-hole pier foundation and cast-in-place headwall (including gradebeam), as shown on the plans and as directed by the Engineer.
1.02 REFERENCE STANDARDS
A. See approved Plans for locations, sizes, elevations, and details.
B. ACI 117 – Standard Specifications for Tolerances for Concrete Construction and Materials.
C. ACI 301 – Standard Specifications for Structural Concrete.
D. ACI 315 – Details and Detailing of Concrete Reinforcement.
E. ACI 318 – Building Code Requirements for Reinforced Concrete.
F. ACI 336.1 – Specification for the Construction of Drilled Piers.
G. American Concrete Institute “Manual of Concrete Practice”, various committee reports as referenced herein, latest edition.
H. American Society for Testing and Materials "ASTM Standards in Building Codes", various standards as referenced herein, latest edition.
PART 2 – MATERIALS
2.01 CONCRETE
A. See approved Plans.
2.02 REINFORCEMENT
B. See approved plans and shop drawings and additional requirements listed below.
1. Sufficient space shall be provided in the reinforcing cage during fabrication to allow the insertion of a pump or tremie tube for concrete placement.
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PART 3 – EXECUTION
3.01 GENERAL REQUIREMENTS
A. Install all concrete Work true to line and grade as indicated on the drawings.
3.02 FORMWORK
A. Design, erect, shore, brace, and maintain formwork, according to ACI 301, to support vertical, lateral, static, and dynamic loads, and construction loads that might be applied, until concrete structure can support such loads.
B. Construct formwork so concrete members and structures are of size, shape, alignment, elevation, and position indicated, within tolerance limits of ACI 117.
C. Fabricate forms for easy removal without hammering or prying against concrete surfaces. Provide crush or wrecking plates where stripping may damage cast concrete surfaces. Provide top forms for inclined surfaces steeper than 1.5 horizontal to 1 vertical. Kerf wood inserts for forming keyways, reglets, recesses, and the like, for easy removal.
1. Do not use rust-stained steel form-facing material.
D. Set edge forms, bulkheads, and intermediate screed strips for slabs to achieve required elevations and slopes in finished concrete surfaces. Provide and secure units to support screed strips; use strike-off templates or compacting-type screeds.
E. Provide temporary openings for cleanouts and inspection ports where interior area of formwork is inaccessible. Close openings with panels tightly fitted to forms and securely braced to prevent loss of concrete mortar. Locate temporary openings in forms at inconspicuous locations.
F. Clean forms and adjacent surfaces to receive concrete. Remove chips, wood, sawdust, dirt, and other debris just before placing concrete.
G. Retighten forms and bracing before placing concrete, as required, to maintain proper alignment.
H. For vertical surface of wall foundation below grade, clean cut trench may be used in lieu of form if character of soil will permit installation without sluffing and width of concrete is increased at least 1 inch beyond indicated dimension of each face poured against earth.
I. Maintain forms within the following tolerances.
1. Top of Form: Plus or minus 1/8 inch in 10 feet and no abrupt variations; at
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required elevation to plus 3/8 inch.
2. Face of Form: Plus or minus 1/4 inch in 10 feet longitudinal and no abrupt variations; perpendicular to surface plus or minus 1/8 inch.
J. After concrete is placed, the following minimum times shall elapse before removal of forms.
1. Walls: 48 hours.
2. Grade beam sides: 24 hours.
3.03 EMBEDDED ITEMS
A. Place and secure anchorage devices and other embedded items required for adjoining Work that is attached to or supported by cast-in-place concrete. Use Setting Drawings, templates, diagrams, instructions, and directions furnished with items to be embedded.
1. Install anchor bolts, accurately located, to elevations required.
2. Install reglets to receive top edge of foundation sheet waterproofing and to receive through-wall flashings in outer face of concrete frame at exterior walls, where flashing is shown at lintels, shelf angles, and other conditions.
3. Install dovetail anchor slots in concrete structures as indicated.
3.04 REMOVING AND REUSING FORMS
A. General: Formwork for sides of beams, walls, columns, and similar parts of the Work, that does not support weight of concrete may be removed after cumulatively curing at not less than 50 deg F (10 deg C) for 24 hours after placing concrete provided concrete is hard enough to not be damaged by form-removal operations and provided curing and protection operations are maintained.
B. Leave formwork for other structural elements, that supports weight of concrete in place until concrete has achieved at least 70 percent of 28- day design compressive strength. Determine compressive strength of in-place concrete by testing representative field- or laboratory-cured test specimens according to ACI 301. Remove forms only if shores have been arranged to permit removal of forms without loosening or disturbing shores.
C. Clean and repair surfaces of forms to be reused in the Work. Split, frayed, delaminated, or otherwise damaged form-facing material will not be acceptable for exposed surfaces. Apply new form-release agent.
D. When forms are reused, clean surfaces, remove fins and laitance, and tighten to
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close joints. Align and secure joints to avoid offsets. Do not use patched forms for exposed concrete surfaces unless approved by Owner's Agent.
3.05 STEEL REINFORCEMENT
A. General: Comply with CRSI "Manual of Standard Practice" for placing reinforcement.
B. Place reinformcent in accordance with the approved Plans.
C. Clean reinforcement of loose rust and mill scale, earth, ice, and other foreign materials.
D. Accurately position, support, and secure reinforcement.
3.06 JOINTS
A. General: Construct joints true to line with faces perpendicular to surface plane of concrete. Where new pavements join existing, joints shall align.
B. Construction Joints: Install so strength and appearance of concrete are not impaired, at locations indicated or as approved by Owner's Agent.
C. Place joints perpendicular to main reinforcement. Continue reinforcement across construction joints, unless otherwise indicated. Do not continue reinforcement through sides of strip placements of floors and slabs.
3.07 CONCRETE PLACEMENT
A. Mixed concrete shall be discharge within 1-1/2 hours or before the mixer drum has revolved 300 revolutions, whichever comes first after the introduction of the mixing water to the cement and aggregates. When the concrete temperature exceeds 30 degrees C, 85 degrees F, the time shall be reduced to 45 minutes. Concrete shall be placed within 15 minutes after it has been discharged from the transporting unit.
Concrete shall be handled from mixer or transporting unit to forms in a continuous manner until the approved unit of operation is completed. Sufficient placing capacity shall be provided so that concrete can be kept free of cold joints.
B. Before placing concrete, verify and obtain approval of Owner’s Agent that installation of formwork, reinforcement, and embedded items is complete and that required inspections have been performed.
C. Do not add water to concrete during delivery, at site, or during placement, unless approved by Owner's Agent.
1. Before placing concrete, water may be added at site, subject to limitations of
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ACI 301.
2. Do not add water to concrete after adding high-range, water-reducing admixtures to mix.
D. Deposit concrete continuously or in layers of such thickness that no new concrete will be placed on concrete that has hardened enough to cause seams or planes of weakness. If a section cannot be placed continuously, provide construction joints as specified. Deposit concrete to avoid segregation.
E. Deposit concrete in forms in horizontal layers no deeper than 24 inches (600 mm) and in a manner to avoid inclined construction joints. Place each layer while preceding layer is still plastic, to avoid cold joints.
1. Consolidate placed concrete with mechanical vibrating equipment. Use equipment and procedures for consolidating concrete recommended in ACI 309R.
2. Do not use vibrators to transport concrete inside forms. Insert and withdraw vibrators vertically at uniformly spaced locations no farther than the visible effectiveness of the vibrator. Place vibrators to rapidly penetrate placed layer and at least 6 inches (150 mm) into preceding layer. Do not insert vibrators into lower layers of concrete that have begun to lose plasticity. At each insertion, limit duration of vibration to time necessary to consolidate concrete and complete embedment of reinforcement and other embedded items without causing mix constituents to segregate.
F. Concrete Placement When Water Is Present: Concrete shall be deposited either by a tremie or concrete pump. The methods and equipment used shall be subject to approval. Concrete buckets shall not be used for underwater placement of concrete except to deliver concrete to the tremie. The tremie shall be watertight and sufficiently large to permit a free flow of concrete. The concrete shall be deposited so that it enters the mass of the previously placed concrete from within, displacing water with a minimum disturbance to the surface of the concrete. The discharge end of the pump line or tremie shaft shall be kept continuously submerged in the concrete. The underwater seal at start of placing shall not produce undue turbulence in the water. The tremie shaft shall be kept full of concrete to a point well above the water surface. Placement shall proceed without interruption until the concrete has been brought to the required height. The tremie shall not be moved horizontally during a placing operation, and a sufficient number of tremies shall be provided so that the maximum horizontal flow of concrete will be limited to 0.15 feet. Concrete shall not be deposited in running water or in water with a temperature below 35 degrees F.
3.08 GENERAL DRILLED PIER EXCAVATION
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A. If excessive seepage is coming in from below the bottom of the drilled pier excavation, removal by pumping is inappropriate, as this may loosen the bearing soils and reduce the bearing soil capacity; therefore, an alternate means of construction will be required.
B. Provide and maintain pumping equipment to keep excavations free of water before placing concrete. If excessive water is encountered and drilling operations must be halted, consult the Geotechnical Engineer before using alternate methods of construction.
C. Tolerances: Center of top of pier and reinforcing cage shall not deviate from plan location shown by more than 1 inch, or 1/24th of specified pier diameter, whichever is greater. Provide drilled pier centerline with a local slope of no more than 1/8 in. per foot at any point, and an overall slope of no more than 1/8 in. per foot. If indicated tolerances are exceeded, see “Drilled Pier Corrective Measures” in Part
3.12. D. Cleanup of Drilled Pier Bottom: Excavate bottom to a level plane. Remove loose materials or free water as determined by Owner's Geotechnical Engineer.
E. Equipment: Use equipment of adequate capacity and proven methods.
F. Temporary casing shall be installed if necessary to prevent soil caving or squeeze, The casing shall be pushed or twisted to a depth sufficient to prevent caving or squeeze.
G. Loss of Soils: Minimize loss of soils due to pumping. Minimize squeezing of excavation. Limit loss of ground and subsequent settlement to least possible amount by limiting annular spaces beyond temporary casing, performing excavation under slurry, if needed, and limiting soil quantity pumped out.
H. Excavate holes for drilled piers to the required bearing strata as determined by the Owner’s Geotechnical Engineer. Bottom elevations of drilled piers as shown in drawings are estimated are minimum depths for bid purposes only.
I. Excavate holes for closely spaced drilled piers, less than 5 pier diameters center-to-center, and those occurring in fragile or sand strata, only after adjacent holes are filled with concrete and allowed to set.
J. Do not excavate below elevations shown on approved Plans or noted by Owner's Geotechnical Engineer without prior review and approval by Owner's Geotechnical Engineer. No payment will be made for extra length when drilled pier shafts are excavated to a greater depth than indicated on Plans, due to over-drilling by Contractor. In the event of an over-excavated shaft, complete drilled pier and fill
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extra depth with concrete, if other conditions are satisfactory. Over-excavated shafts will be measured and paid for to original design or authorized depth.
K. Where Owner's Geotechnical Engineer determines that soil encountered at design bearing elevation is not capable of providing minimum design bearing capacity, perform additional excavation as recommended by Owner's Geotechnical Engineer.
L. If obstructions are encountered that interfere with new construction, remove such existing elements or develop corrective methods. The Contractor shall propose corrective actions and their recommendations in writing and submit them for review by the Design Professionals. Efforts shall be made to address obstructions at no additional cost to the Owner.
3.09 RE-USE / DISPOSAL OF EXCAVATED MATERIALS
A. Excavated materials may be used as engineered fill.
B. Dispose excess excavated materials off site in a manner that will not interfere with other construction activities. Keep construction site at all times clean and free of soil and other debris that could affect progress of other construction activities.
3.10 DRILLED PIER REINFORCEMENT
A. Fabrication in accordance approved shop drawings.
B. Fabricate and install reinforcement cage symmetrically about axis of shaft in a single unit. Cages shall be properly and securely fabricated to maintain their design locations and configurations without permanent distortion after lifted and placed in hole for drilled pier.
C. Use spacers and/or centralizers as required to:
1. Attain and maintain minimum cover to reinforcement, and
2. Accurately position, support and secure reinforcement against displacement during concreting.
3.11 PLACING CONCRETE IN DRY HOLE
A. Place concrete in dry hole unless specifically reviewed and approved by Owner's Geotechnical Engineer.
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B. Place concrete only after all of the following has occurred:
1. Drilled pier excavation is complete and reinforcement cage has been placed and secured.
2. Drilled pier bottom is cleaned.
3. Inspections by Owner's Geotechnical Engineer and Owner’s Testing Agency are completed.
C. Place concrete with chutes, tremies, or pumps. Avoid contact between concrete placing equipment and shaft wall or reinforcement cage.
D. Drilling operations and concrete placement should be coordinated so that pier holes are left open a minimum amount of time. Do not permit holes to stand overnight between drilling and placing concrete
E. Place concrete immediately after mixing, and in no case more than 90 minutes after initial mixing. Do not allow concrete to hit drilled pier shaft wall or reinforcement cage during placement. Continue depositing concrete until completion of drilled pier to top of shaft. If placement of concrete is suspended for more than 60 minutes, install construction joint as proposed in advance by the Contractor and reviewed by the Design Professionals. Remove laitance and excess water from top of completed drilled pier.
F. Vibrate concrete during placing. Casing vibratory extractor is permitted. Withdraw casing while concrete is still fluid and plastic and before initial set. The temporary casing should be retrieved as the concrete is being poured, while always maintaining at least a 5-foot head of concrete inside the casing. Re-vibrate while pulling casing or immediately after pulling to ensure concrete fills void left by withdrawal.
G. Depressions at the tops of the piles, resulting from drilling operations or from any other cause, should be backfilled to prevent ponding. Concrete collars occurring at the tops of the piers as a result of overpouring must be removed to prevent unnecessary uplift forces from being applied to the piles.
3.12 DRILLED PIER CORRECTIVE MEASURES
A. If unforeseen field conditions require corrective installation methods, notify Design Professionals immediately.
1. Where a change to the construction installation method results in an as-built drilled pier in compliance with the Contract Documents, submit installation method for record.
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2. Where the as built drilled pier does not meet the design intent of the Contract Documents, the Contractor shall propose corrective actions and their recommendations in writing and submit them for review by the Design Professionals.
B. If concrete placement is suspended before completion of drilled pier or a construction joint is required for some other reason, indicate location on construction log. Submit a construction joint for approval and remove debris and laitance from joint before placing additional concrete.
C. If drilled piers are installed outside allowable tolerances, develop and provide corrective methods at no extra cost to the Owner including calculations based on actual locations of drilled piers, taking into account eccentricity between final centerline of drilled pier and design location of column centerline. The Contractor shall propose corrective actions and their recommendations in writing and submit them for review by the Design Professionals. Calculations shall be signed and sealed by a Professional Engineer licensed in the state where the Project is located.
PART 4 – MEASUREMENT AND PAYMENT
The Contract unit price paid for Cast-In-Place Concrete (Including Cast-in-Place (CIP) Headwall And Cast-In-Drilled-Hole (CIDH) Pier Foundation) (also including headwall gradebeam) shall be measured and paid lump-sum (each). The price paid shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all Work to construct the cast-in-drilledhole pier foundation and cast-in-place headwall (including gradebeam) as described 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.
END OF SECTION
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SECTION 13 – SUBDRAIN FILTER MEDIUM
(CLASS 2 PERMEABLE MATERIAL OR CRUSHED ROCK)
AND 4-INCH PERFORATED PVC PIPE (SUBDRAIN)
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 subdrain as shown on the plans and as directed by the Engineer.
1.02 REFERENCE STANDARDS
A. Subdrain Work shall conform to Section 68-2 of the 2024 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 2024 Caltrans Standard Specifications.
D. Filter Fabric for use with underdrains must comply with Section 96 of the 2024 Caltrans Standard Specifications.
PART 2 – MATERIALS
2.01 SUBDRAIN PIPES
A. Perforated and non-perforated pipe shall be 4 inches in 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 4-inch-diameter perforated pipe encased in Caltrans Class 2 permeable material or crushed rock wrapped in filter fabric.
2.02 SUBDRAIN OUTLET
Subdrain outlet must be fabricated from the same materials as the subdrain pipe.
Outlets 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.
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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.
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Overlap adjacent roll ends of filter fabric in accordance with manufacturer’s 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.
2.05 LOW PERMEABILITY SOIL CAP
Soil cap derived from clayey onsite soil should be compacted in accordance with Section 10.
PART 3 – EXECUTION
3.01 The subdrain system shall generally be installed behind the headwall. Subdrain system shall be installed at the rear base of the headwall.
3.02 Perforated pipes shall be placed with the perforation down. The pipe sections shall be joined securely with the appropriate coupling bands or fittings.
3.03 After the pipe installation has been inspected and approved, permeable material shall be placed and compacted to the full height of the headwall.
PART 4 – MEASUREMENT AND PAYMENT
The Contract unit price paid for Subdrain Filter Medium (Class 2 Permeable Material Or Crushed Rock) shall be measured and paid as lump-sum and 4-Inch Perforated Pvc Pipe (Subdrain) shall be measured and paid per linear foot. The price paid shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all Work to install the underdrains including placement of filter fabric, backfill with permeable material and soil cap, connecting to underdrain outlet, 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
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SECTION 14 – DRAINAGE GEOCOMPOSITE
PART 1 – GENERAL
1.01 WORK INCLUDED
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 Plans.
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.
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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. Tremco Commercial Sealants and Waterproofing products or approved alternative geocomposite manufacturer may be used.
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. Manufacturer’s name
ii. Product identification
iii. Length
iv. Width
v. Roll number
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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
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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 control at the typical frequencies used at manufacturer’s plant to evaluate its physical and mechanical properties.
E. Geocomposite shall be supplied in rolls wrapped in relatively impermeable and opaque covers.
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2.03 TRANSPORT
A. Transportation of the geocomposite shall be the responsibility of the Contractor.
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.
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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.
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.
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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 incidentals and for doing all Work per manufacturer’s instructions to install the drainage composite, 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
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SECTION 15 – CALTRANS CLASS II RIPRAP
AND CALTRANS CLASS V TO VII RIPRAP
PART 1 – GENERAL
1.01 WORK INCLUDED
This Work includes placement of the specified rock (Caltrans Class II angular and Class V to VII riprap) in conformance with Caltrans Standard Specifications Section 72-2 and these specifications, and referred to on the drawings as Riprap Improvements.
1.02 REFERENCE STANDARDS
A. Caltrans Standard Specifications (2024), Section 72 Slope Protection, Paragraph 2, Rock Slope Protection.
B. Caltrans Standard Specifications (2024), Section 72-2.02B Rock.
C. Caltrans Standard Specifications (2024), Section 72-2.03 Construction.
D. ENGEO (2024), Geotechnical Recommendations for Stormwater Conveyance System Repair; Sheldon Avenue; November 8, 2024; Project No. 13387.000.033 PART 2 – MATERIALS
A. Caltrans Class II angular rock size shall be clean and free of loose soil, silt and sand. 60lb or Caltrans Class II rock size shall conform to Caltrans Standard Specifications Section 72-2.02A.
B. Caltrans Class V to VII rock size shall be clean and free of loose soil, silt and sand. ¼ to ½-ton rock size shall conform to Caltrans Standard Specifications Section 72-2.02A.
PART 3 – EXECUTION
3.01 GENERAL REQUIREMENTS
A. The locations of riprap protection placement (Riprap Improvements) are shown on the drawings. Riprap improvements shall result in a secure, stable, durable slope protection unit with a neat and uniform grade. Riprap improvement material shall interlock so the Riprap improvement performs as a single armor unit.
3.02 RIPRAP PLACEMENT
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A. Riprap rock shall be placed over filter fabric (per Section 13) as shown in the Plans.
Placement shall be performed in accordance with Method B Placement, as described in Caltrans Standard Specifications Section 72-2.03C. Rock layer thickness shall be as indicated on the drawings. Rock shall not be dropped on the subgrade from heights exceeding 3 feet.
PART 4 – MEASUREMENT AND PAYMENT
The Contract unit price paid for Caltrans Class II Riprap And Caltrans Class V To VII Riprap rock shall be measured and paid per ton. The price paid shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all Work to install the geotextile filter fabric, as indicated in the Contract Documents and as directed by the Engineer; and no additional compensation shall be made.
END OF SECTION
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SECTION 16 – EROSION CONTROL
(INCLUDING HYDROSEEDING, FIBER ROLLS, EROSION CONTROL BLANKET) PART 1 – GENERAL
1.01 WORK INCLUDED
A. Erosion control shall conform to Section 21 of the 2024 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.
D. Hydroseeding shall be performed 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 2024 Caltrans Standard specifications.
B. Erosion control mat/blanket shall conform to Section 21-2.02O of the 2024 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, hydroseed, gravel, and other suitable materials, and shall be reasonably clean, free of deleterious materials, and certified weed free.
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City of San Carlos Culvert Replacement
Sheldon Avenue Technical Provisions
Page |TP-74 December 3, 2024
Revised April 25, 2025
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. 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.
The Contractor shall submit a hydroseed mix to the City for approval prior to placement of hydroseed.
3.03 INSTALLATION ON SOIL SLOPES
A. Erosion control mat/blanket shall be installed in accordance with manufacturer’s 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.
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Sheldon Avenue Technical Provisions
Page |TP-75 December 3, 2024
Revised April 25, 2025
PART 4 – MEASUREMENT AND PAYMENT
The Contract unit price paid for Erosion Control shall be measured and paid per square foot for hydroseeding and erosion control blanket and per linear foot for fiber rolls. The price paid shall include full compensation for performing the scope of Work specified in this section, furnishing all labor, materials, tools, equipment, and incidentals 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
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CHILTON PARK LANDSLIDE REPAIR PROJECT
GENERAL PROVISIONS
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TABLE OF CONTENTS
SECTION 1 - TERMS AND DEFINITIONS...........................................................................................................1
1.01 Terms ............................................................................................................................................1
1.02 Definitions .....................................................................................................................................1 SECTION 2 - PROPOSAL REQUIREMENTS AND CONDITIONS ......................................................................5
2.01 General .........................................................................................................................................5
2.02 Proposal Forms.............................................................................................................................5
2.03 Qualifications of Bidders ...............................................................................................................5
2.04 Rejection of Proposals Containing Alterations, Erasures, or Irregularities....................................5
2.05 Submission of Bids........................................................................................................................5
2.06 Approximate Estimate ...................................................................................................................6
2.07 Examination of Plans, Specifications, and Work Site....................................................................6
2.08 Withdrawals of Proposals..............................................................................................................6
2.09 Proposal Guaranty ........................................................................................................................6
2.10 Disqualification of Bidders.............................................................................................................6
2.11 Bid Protest Procedures .................................................................................................................7
2.12 List of Subcontractors ...................................................................................................................7
2.13 Required Contractor and Subcontractor Registration ...................................................................7 SECTION 3 - REVIEW OF BIDS, CONTRACT AWARD AND EXECUTION........................................................8
3.01 Public Bid Opening and Initial Review ..........................................................................................8
3.02 Determination of Lowest Responsible Bidder ...............................................................................8
3.03 Notice of Award.............................................................................................................................9
3.04 Contract Execution........................................................................................................................9
3.05 Status of Contractor ......................................................................................................................9
3.06 Assignment ...................................................................................................................................9
3.07 Recognition of Subcontractors ......................................................................................................9
3.09 Forfeiture of Proposal Guaranty..................................................................................................10
3.10 Contract Bonds ...........................................................................................................................10
3.11 Notification of Surety Companies................................................................................................11
3.12 Power of Attorney........................................................................................................................11
3.13 Insurance Requirements .............................................................................................................11
3.14 Special Requirements .................................................................................................................11
3.15 Builders Risk Insurance ..............................................................................................................12
3.16 Certificates ..................................................................................................................................12
3.17 Legal Address of Contractor .......................................................................................................12
3.18 Office of Contractor at Site..........................................................................................................12 SECTION 4 - SCOPE AND CONTROL OF WORK ............................................................................................13
4.01 Work to be Done .........................................................................................................................13
4.02 Plans and Specifications .............................................................................................................13
4.03 References to Standards and Codes ..........................................................................................13
4.04 Authority of the Engineer.............................................................................................................14
4.05 Contract Documents and Precedence ........................................................................................14
4.06 Interpretation of Specifications and Drawings.............................................................................14
4.07 Figured Dimensions ....................................................................................................................15
4.08 Errors or Discrepancies...............................................................................................................15
4.09 Drawings to be Furnished by Contractor.....................................................................................15
4.10 Additional Drawings by City ........................................................................................................15
4.11 Lines and Grades........................................................................................................................15
4.12 Record Documents .....................................................................................................................15
4.13 Record Drawings.........................................................................................................................16
4.14 Reuse of Documents...................................................................................................................16
4.15 Subsurface Data .........................................................................................................................16
4.16 Right-of-Way ...............................................................................................................................16
4.17 Removal of Defective and Unauthorized Work ...........................................................................16
4.18 Acceptance of Defective Work ....................................................................................................16
4.19 Submittals ...................................................................................................................................17
4.20 Substitutions................................................................................................................................17
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4.21 Construction Staking Lines and Grades......................................................................................18
4.22 Inspection of the Work ................................................................................................................18
4.23 Testing ........................................................................................................................................19 SECTION 5 - CHANGES IN WORK ...................................................................................................................20
5.03 Non-Material Change Requests by the Contractor .....................................................................20
5.04 Effect of Extension of Time .........................................................................................................20
5.05 Letters of Instruction....................................................................................................................20
5.06 Requests for Information, Inconsistencies and Changed Conditions..........................................20
5.07 Extra and Omitted Work..............................................................................................................21
5.08 Change Orders............................................................................................................................21
5.09 Disputed Work.............................................................................................................................23 SECTION 6 - C ONTROL OF MATERIALS........................................................................................................24
6.01 Materials and Workmanship........................................................................................................24
6.02 Protection of Work and Materials ................................................................................................24
6.03 Trade Names or Equals ..............................................................................................................24
6.04 Inspection of Materials by City ....................................................................................................25
6.05 Inspection of Materials by Others................................................................................................25
6.06 Tests of Materials........................................................................................................................25
6.07 Certification .................................................................................................................................25
6.08 Weighing and Metering Equipment .............................................................................................25
6.09 Calibration of Testing Equipment ................................................................................................26 SECTION 7 - UTILITIES .....................................................................................................................................27
7.01 City’s Statutory Obligation...........................................................................................................27
7.02 Contractor’s Obligation to Identify and Protect Subsurface Infrastructure ..................................27
7.03 Location.......................................................................................................................................27
7.04 Protection ....................................................................................................................................28
7.05 Shut Down Notification................................................................................................................28
7.06 Removal ......................................................................................................................................29
7.07 Relocation ...................................................................................................................................29
7.08 Delays .........................................................................................................................................29
7.09 Cooperation.................................................................................................................................29 SECTION 8 - PROSECUTION AND PROGRESS..............................................................................................30
8.01 Notice to Proceed........................................................................................................................30
8.02 Commencement of Work ............................................................................................................30
8.03 SubContracting ...........................................................................................................................30
8.04 Administrative Duties ..................................................................................................................30
8.05 Baseline Construction Schedule .................................................................................................30
8.06 Three-Week Look Ahead Schedule ............................................................................................31
8.07 Construction Sequence...............................................................................................................31
8.08 Recording Existing Conditions ....................................................................................................31
8.09 Preconstruction Conference........................................................................................................31
8.10 Progress Meeting ........................................................................................................................31
8.11 Hours of Construction .................................................................................................................32
8.12 Prosecution of Work....................................................................................................................32
8.13 Suspension of Work ....................................................................................................................32
8.14 Default by the Contractor and Termination of Control - ..............................................................32
8.15 Contractor’s Right to Stop Work or Terminate Contract..............................................................33
8.16 City’s Right to Terminate Contract ..............................................................................................34
8.17 Time of Completion and Days Charged ......................................................................................34
8.18 Liquidated Damages ...................................................................................................................35
8.19 Delays and Extensions of Time...................................................................................................35
8.20 Substantial Completion ...............................................................................................................37
8.21 Project Closeout..........................................................................................................................37
8.22 Final Completion .........................................................................................................................38
8.23 Final Acceptance.........................................................................................................................38
8.24 Risk of Loss.................................................................................................................................38
8.25 Use of Improvements During Construction .................................................................................38
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SECTION 9 - RESPONSIBILITIES OF THE CONTRACTOR ............................................................................39
9.01 Contractor’s Responsibility for the Work .....................................................................................39
9.02 Contractor’s Responsibility for SubContracted Work ..................................................................39
9.03 Superintendent............................................................................................................................39
9.04 Character of Workers ..................................................................................................................39
9.05 Laws to be Observed .................................................................................................................40
9.06 Permits and Fees ........................................................................................................................41
9.07 Coordination and Cooperation ....................................................................................................42
9.08 Use of Premises..........................................................................................................................42
9.09 Construction Staging and Field Office.........................................................................................42
9.10 Site Security ................................................................................................................................43
9.11 Construction Water .....................................................................................................................43
9.12 Project Site Maintenance ............................................................................................................43
9.13 Preservation of Property .............................................................................................................46
9.14 Protection of Buried Utilities ........................................................................................................46
9.15 Protection of Bridges...................................................................................................................46
9.16 Protection of Traffic Signal Facilities ...........................................................................................46
9.17 Restoration of Adjacent and Existing Improvements ..................................................................47
9.18 Archeological Remains ...............................................................................................................47
9.19 Access to Private Property..........................................................................................................47
9.20 Traffic Control and Public Convenience......................................................................................48
9.21 Safety ..........................................................................................................................................50
9.22 Patent Fees or Royalties.............................................................................................................52
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 ............................................................................................53
9.29 Rights-of-Way .............................................................................................................................53 SECTION 10 - MEASUREMENT AND PAYMENT .............................................................................................54
10.01 Measurement of Quantities for Unit Price Work..........................................................................54
10.02 Bid Items .....................................................................................................................................54
10.03 Bid Quantities..............................................................................................................................54
10.04 Progress Payments.....................................................................................................................55
10.05 Retentions ...................................................................................................................................56
10.06 Final Payment .............................................................................................................................57
10.07 Acceptance .................................................................................................................................58
10.08 Compensation for Extra or Omitted Work ...................................................................................58
10.09 Compensation to City for Extension of........................................................................................58
10.10 Claims .........................................................................................................................................58
10.11 Time Limit on Claims...................................................................................................................59
10.12 City Response to Claims.............................................................................................................59
10.13 Appeal of Engineer’s Decision ....................................................................................................59 SECTION 11 - GUARANTY ................................................................................................................................60
11.01 Contractor’s Guaranty .................................................................................................................60
11.02 Correction of Defective Work During the Guaranty Period .........................................................60 * * *
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General Provisions Chilton Park Landslide Repair Project Page GP-1 Project No. C2403
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 Complete in Place" that is, "Furnish and Install”, 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 that 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 Responsibility, Bidder’s 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, the term “Bidder” shall be equivalent to the term “Contractor” for the purpose of identifying the Contractor’s 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.
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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 - See definition for “Agreement”.
Contract Documents - See Agreement, Section 2.1, “List of Contract Documents and Precedence”.
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 - The Contractor’s original bid for a single unit of an item of work in the proposal.
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 “Contractor” shall be equivalent to the term “Bidder” for the purpose of identifying the Contractor’s rights 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 damaged prior to the Engineer’s recommendation of final acceptance. See General Provisions Section
6.01, “Materials and Workmanship”.
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 remaining to be completed. See General Provisions, Section 8.22, “Final Completion”.
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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 5.08 “Change Orders“ 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 Standards, Inc., entitled “Standard Specifications for Public Works Construction”, and “Standard Plans for Public Works Construction”, current editions.
Hold Harmless - Agreement by one party to bring no claim for negligence, breach of Contract, indemnity or otherwise against another party. See Agreement Section 17, “Indemnification”.
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 to complete the Contract in excess of the Contract time. See General Provisions, Section 8.18, “Liquidated Damages”.
Losses - Any and all losses, costs, liabilities, claims, damages, and expenses, including, without limitation, reasonable attorneys’ fees and expenses.
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, “Submittals”.
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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 administrative subsections of Caltrans’ Standard Specification that are specifically referenced in this Contract and the non-administrative sections (Section 10 through 95) of the Caltrans’ Standard 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 Works Construction, “Greenbook”, current edition.
State - State of California.
State Standard Plans - The Standard Plans of the Department of Transportation of the State of California, (Caltrans’) Standard Plans dated 2010.
State Standard Specifications - The Standard Specifications of the Department of Transportation of the State of California Caltrans’ Standard 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, Section 8.20, “Substantial Completion”.
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 provided, by the Contractor to fulfill the Contractor’s obligations. The work 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 Thanksgiving, Christmas Day, New Year’s Day, Martin Luther King Jr. Day, President’s Day, Memorial Day, Independence Day, Labor Day, and Veteran’s Day. See General Provisions, Section 8.19, “Delays and Extension of Time”. In addition, at the option of the Engineer, the Contractor may be required to suspend all work and activities during the City’s annual Holiday Closure in late December and early January of each 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 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.
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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 portion of the Contract Documents entitled “Bid Proposal” focuses the Bidders attention on the requirements for submitting a proposal, including the Notice to Bidders, and the Bid Proposal Forms.
Bidders are required to perform a site visit prior to submitting their bid. Site access for the visit should be coordinated with the City’s Project Manager.
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 completed Bid Schedule, Designation of Subcontractors, Bidders Statement of Responsibility, Bidder’s Non-Collusion Affidavit, Bidder’s Qualifications, Bidders References, Signature of Bidder, Bid Guaranty, 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 the Bidder’s name and address, and the notation “SEALED BID ENCLOSED, CITY OF SAN CARLOS”, with an identification of the project name and number as identified in the Notice to Bidders. If the Bid is sent
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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.
Bids may be mailed or delivered by messenger. It is the Bidder’s responsibility alone to ensure 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.
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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.
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.
Any bidder’s failure to fully comply with these procedures shall constitute a waiver of any right to further pursue a bid protest, including filing of a challenge of the award pursuant to the California Public Contract Code, filing of a claim pursuant to the California Government Code, or filing of any other legal proceedings.
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 construed as a waiver of the City Council’s right to reject all bids.
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.
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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 shall be determined as the “Lowest Monetary Bidder” on the basis of the Engineer’s approximate estimate of the quantities of work to be done as set forth in the Bid Schedule, in accordance with the calculation criteria set forth on the bid.
After the Lowest Monetary Bidder has been determined, the Engineer shall review that Bidder’s bid in order to determine whether or not that Bidder is the “Lowest Responsible Bidder.” The term Lowest 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.
The term “responsive” is defined by California law, but generally means that the bid has been prepared and submitted in accordance with the Bidding Requirements. The term “responsible” is defined 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 the Bidder’s work by previous cities, clients, design professionals, or Subcontractors. (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 Bidder is responsible, then that Bidder shall be deemed the apparent “Lowest Responsible Bidder,” and the Engineer shall report the findings to the City Council.
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If the Engineer finds that the Lowest Monetary Bidder’s bid is not responsive, or that the Lowest 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 responsive and responsible, then that next lowest Bidder shall be deemed the apparent “Lowest Responsible Bidder,” and Engineer shall report its findings as recommendations to the City Council. This 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 non-responsive 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 in the City’s best interest to award the Agreement, a Notice of Award shall be sent to the Lowest Responsible Bidder as determined by the City Council. The City Council’s decision shall be 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.
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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. (b)
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.
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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.
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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.
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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 accuracy of such information. It is the Contractor’s responsibility to ascertain the existence of any such 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 in (or inferred from) the information. The Contractor may not rely upon “record drawings” or 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, Section 6.03, “Trade Names or Equals”.
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 Engineer’s Consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the work or any duty or authority to undertake responsibility for the Contractor.
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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 Bond, Insurance Endorsements, Worker’s Compensation 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 Specifications for Public Works Construction “Greenbook”. (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.
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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.
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 discovery, until authorized, will be done at the Contractor’s risk.
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.
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4.13 Record Drawings -The Contractor shall prepare and update a master “as-built” set of red 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 underground or concealed features are found noting alignment (to 0.25’) and elevation (to 0.1’ ), field changes or deletions of work, and any additional work by change order. Upon the project’s completion, and prior to the project’s acceptance, the Contractor 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.
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 test hole was drilled. It is the Contractor’s responsibility to determine and allow for the possibility of differing ground water elevations on the date of the project’s construction. A difference in elevation between ground 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 liable to the City, including reasonable attorneys’ fees and expenses and compensation for the City’s services and expenses.
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.
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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.
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 are considered "requests for substitutions.” For proposed “or equal” substitutions, attention is directed to General Provision Section 6.03, “Trade Names or Equals.” 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.
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(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. (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.
If a portion of the work is covered contrary to the Engineer’s request or direction, or contrary to the requirements of the Contract Documents, it must, if required in writing by the Engineer, be uncovered for the Engineer’s observation and be replaced at Contractor’s expense without adjustment of the Contract time 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 it’s being covered and which the Engineer has not specifically requested to observe prior to it’s 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.
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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.
4.23 Testing - Unless otherwise stated in the Contract Documents, all required testing will 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 the direction of the Engineer. All compaction test sites deeper than five (5’) feet below grade shall be 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.
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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 work performed by the Contractor shall be at the Contractor’s own risk, and shall not be 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 shall be deemed to constitute a waiver of the City’s right to rely upon the provisions of this Section 5, “Changes in Work”.
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
(c) 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.
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No extension of Contract time shall be made by the City due to the Contractor’s failure to provide a timely written notice of any inconsistency or changed condition requiring direction. The Engineer will respond to the Contractor’s Request for Information within three working days, providing an interpretation, clarification or change order for an appropriate adjustment in Contract time and cost pursuant to General Provisions, Section 5.07, and “Change Orders”. Contractor shall wait for the Engineer’s written response 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 - “Change Orders”. 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.
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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 without the Contractor’s signature where the City determines that it is in the City’s best 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 later than ten (10) working days following the Contractor’s receipt of the change order. See General Provisions, Section 5.09`, “Disputed Work”.
(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 forth the Contractor’s proposed adjustments to the Contract sum and Contract time for 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 ten percent (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 Contractor’s right to an adjustment of the Contract sum, the Contractor shall prepare daily reports itemizing all costs for labor, materials, and equipment rental
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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.
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 Contractor’s duty and responsibility for filing a protest as prescribed 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 General Provisions, Section 10, “Measurement and Payment”.
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, “Extra Work”.
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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 Engineer’s approval.
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’s, 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.
The Contractor shall not, without the City’s consent, assign, sell, mortgage, hypothecate, or remove 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 words “or equal”.
Because products specified may have a uniqueness that can’t be matched, the Contractor must “bid” the work based upon the products specified. If, during the submittal process, an equivalent product is 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).
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The Engineer shall be responsible for solely determining whether the material proposed for substitution is equivalent to that specified, and the Engineer’s findings shall be final. If a substitute offered 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 jobsite.
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 and accept the manufacturer’s written Certificate of Compliance or test data demonstrating that the 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.
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All scales shall be arranged so they may be read easily from the operator’s platform 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.
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General Provisions Chilton Park Landslide Repair Project Page GP-27 Project No. C2403
SECTION 7 - UTILITIES
7.01 City’s Statutory Obligation - Pursuant to Government Code, Section 4215: “in any Contract 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 Contractor’s Obligation to Identify 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.
It shall be the Contractor’s responsibility to complete all work in a manner that satisfies utility company 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 responsibility under this Section. It shall be the Contractor’s responsibility to determine the existence and location of utilities shown on the plans, indicated by field locating services, or evidenced by facilities visible in the field. No additional compensation will be allowed for delays incurred as a result of the Contractor’s failure 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.
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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 as certainty. It shall be the Contractor’s responsibility to determine the true location and depth of all utilities 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’s expense 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’s 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 with the City’s 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 submitted a draft notification letter and the City has approved the notification letter. The City will have one week from the submittal date, to review and make suggested changes, and,
(b) Has properly notified customers (residents, businesses/agencies) emergency response staff by U.S. mail, 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.
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7.06 Removal - Unless otherwise specified, the Contractor shall remove all portions of interfering utilities shown on the plans as ‘abandoned’ or “to be abandoned in place”. Before starting 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.
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, “Changes in Work”.
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.
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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 exceptions to the Contractor’s 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 City’s review will not create any scheduling obligations of the City. Any noted corrections 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 show the “As Constructed” progress up to the date for which the schedule has been 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 number of days between these dates will be designated as “float”. The float will be assigned to the project and available for the City, at the Engineer’s discretion, to allocate the “float” to the 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.
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8.06 Three-Week Look Ahead Schedule - The Contractor is required to furnish to the Engineer, on a weekly basis at the project’s progress meetings, a three-week look ahead schedule. The schedule must show planned activities in sufficient detail to allow proper monitoring of the planned construction activities.
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 photography of the project’s existing condition (to be completed prior to starting construction.
(j) Anticipated cash flow projections, if requested by the Engineer.
8.10 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.
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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.
8.12 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. If, in the Engineer’s opinion the Contractor fails to prosecute the work to the extent that the above purposes are not being accomplished, the Contractor shall, upon orders from the Engineer, immediately take the steps necessary to fully accomplish said purposes. All costs for prosecuting the work as described herein shall be absorbed in the Contractor’s bid. Should the Contractor fail to take the necessary steps to fully accomplish said purposes, after orders of the Engineer to do so, the Engineer may suspend the work in whole or in part, until the Contractor takes said steps. With or without such suspension, the Engineer may cause such steps to be taken by force account or by other means at the Contractors expense.
8.13 Suspension of Work - Work may be stopped or suspended in whole or in part for up to ninety (90) days when, in the Engineer’s opinion, the suspension is necessary and in the interest of the City. The Contractor shall immediately comply with any written order of the Engineer suspending work.
Such City directed suspension shall be without liability to the Contractor on the part of the City. Suspended work shall be resumed upon written order of the Engineer. An extension of Contract time equal to the period of suspension shall be issued to the Contractor by change order. Any claim by the Contractor for an adjustment of the Contract sum or the Contract time shall be made within ten (10) working days after the end of the work suspension.
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 receiver is appointed on account of the Contractor’s insolvency, or (d) If the Contractor fails to provide enough properly skilled workmen or enough materials to ensure 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.
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In case of default, the City may give written notice to the Contractor and the Contractor’s bonding agent that if the default is not remedied within ten (10) calendar days or the Contractor does not provide adequate written assurance to the satisfaction of the Engineer that the cure will be forthcoming, the Contractor’s control over the work may be terminated as of the date specified in the written notice.
Upon such termination of control the City may enter upon and take possession of the entire work and may also take possession, for the purpose of completing the work, of all of the Contractor’s tools, equipment and appliances upon the work, and all materials on the site or stored off-site for incorporation into the work. The City may, at its sole option and without further notice to anyone, complete the work by day labor, by Contract entered into by negotiations, by competitive bidding, by calling upon the performance of the performance bond surety, or by other means as the City, in its discretion, shall elect.
After termination of the Contractor’s control over the work as herein provided, the Contractor shall not be entitled to any further payments under the Contract until the entire work thereunder has been fully completed and finally accepted by the City. After such completion and acceptance, if the “unpaid balance of the Contract price” (as defined in the next paragraph) exceeds the sum of the amounts expended by the City in taking over and completing the work, including all managerial and administrative expense incurred by the City on account thereof and the amount of all damages incurred by the City by reason of the Contractor’s default, such excess shall be paid to the Contractor. If the said amount expended exceeds the unpaid balance, the Contractor and the surety shall be liable to the City for the difference. At the Contractor’s request, the expense incurred by the City in taking over and completing the work, and the amount of any damage incurred by the City by reason of the Contractor’s default shall be audited and certified by an independent third party, whose certificate thereof shall be binding and conclusive upon the parties.
For the purposes of the computations required by the paragraph above, the “unpaid balance of the Contract price” shall be the original Contract price as adjusted by any change orders issued prior to termination of the Contractor’s control, less all payments made on account thereof prior to such termination, and less any and all amounts withheld or paid pursuant to stop notices filed with the City upon claims of Subcontractors or others from equipment, labor or materials furnished to the work on behalf of the Contractor.
Upon completion and acceptance of the work, the Contractor shall be entitled to the return of all materials not used in the work, but without claim against the City for loss or damage with respect thereto, and shall be entitled to the return of all the equipment, tools and appliances taken possession of by the City, but without claim against the City for any charge for the use thereof or for usual and ordinary depreciation and wear and tear.
The exercise of remedies provided for in this sub-section, for default by the Contractor, shall be in addition to, and shall not be deemed a waiver by the City of any other rights or remedies due the City under the Contract provisions, for default by the Contractor.
8.15 Contractor’s Right to Stop Work or Terminate Contract - The Contractor may give written notice to the Engineer of intention to stop work or terminate the Agreement, or both 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 completed. The Contractor’s right to recovery shall be subject, however, to the duty of the Contractor to mitigate all loss or damage so far as reasonably possible.
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8.16 City’s Right to Terminate Contract - The City may, at its option, terminate the Agreement, in whole or from time to time in part, at any time by giving notice to the Contractor. Upon such termination, the Contractor agrees to waive any claims for damages, including loss of anticipated profits, on account thereof; and, as the sole right and remedy of the Contractor, the City shall pay the Contractor in accordance with this sub-section. Upon termination, the obligations of the Contractor for portions of the work already performed shall continue.
(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.
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 otherwise modified by the City. See General Provisions, Sections 8.12, “Prosecution of Work”, and 8.18, “Liquidated Damages”.
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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.
The City and the Contractor further agree, as specified in the Notice to Bidders that liquidated damages shall be assessed for each and every calendar day required to complete the Contract in excess of the Contract time established for the project, and that the amount stated therein is a reasonable estimate of the amount of such damages. The Engineer may deduct any liquidated damaged owed to the City, as determined by the Engineer from any payments otherwise payable to the Contractor under this agreement.
In addition, the City shall have the right to charge to the Contractor and to deduct from the final payment for the work the actual cost to the City of engineering, inspection, administration and other overhead expenses which are directly chargeable to the Contract and which accrue during the period of such delay, except that the cost of final surveys and preparation of the final estimate shall not be included in such charges.
Separate from the above-mentioned liquidated damages, the Contractor shall be responsible for paying all damages incurred by private businesses (residential, commercial or industrial), schools and hospitals due to non-completion of the project by the date specified.
Nothing contained herein shall limit the City’s rights or remedies against Contractor for any default other than failure to complete the work within the Contract time. This provision for liquidated damages shall not be applicable nor act as a limitation upon the City if the Contractor abandons the work. In such event, the Contractor shall be liable to the City for all losses incurred.
The date of the Engineer’s Certificate of Substantial Completion shall be the termination date, if applicable, of liquidated damages.
8.19 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 Contractor, suppliers, or any tier of the Contractor’s Subcontractors. Excusable Delays fall into the following categories:
1. Abnormal Delays - Excusable Delays caused by acts of god, fire, unusual storms, floods, tidal waves, earthquakes, strikes, labor disputes, freight embargoes, and shortages of materials insofar as they prevent the Contractor from proceeding with at least seventy-five percent (75%) of the normal labor and equipment force for at least five (5) hours per day toward completion of the current critical path activity.
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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.
(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, “Requests for Information, Inconsistencies and Changed Conditions”.
3. Delays due to other Contractors employed by the City who interfere with the Contractor's prosecution of the work as defined above.
(c) Inexcusable Delay - means any delay in the completion of the work beyond the expiration of the Contract time resulting from causes other than Excusable Delays or Compensable Delays. An Inexcusable Delay shall not entitle the Contractor to an extension of the Contract time or an adjustment of the Contract sum. In addition to liquidated damages for inexcusable delays, the Contractor agrees to pay the City’s actual costs, including charges for engineering, inspection and administration incurred during the delay. (d) Concurrent Delays - those periods of delay when the prosecution of the work is delayed during the same period of time due to causes from a combination of the delays defined as Excusable, Compensable or Inexcusable.
If the Contractor desires an extension of time, he shall file a written request based upon the delays reported. The Engineer will ascertain the facts, the extent of the delays, and the effect upon the entire project, and the City will grant an extension of time equivalent to verified time lost. The request for an extension of time must be made no later than ten (10) working days after the start of the condition that purportedly caused the delay, and no later than fifteen (15) working days after the date on which performance on the condition purportedly causing the delay has ended.
Contractor may make a delay claim for an extension of the Contract time for an Excusable Delay or a Compensable Delay. If an Excusable Delay and a Compensable Delay occur concurrently, the maximum extension of the Contract time shall be the number of calendar days from the commencement of the first delay to the cessation of the delay which ends last. If an Inexcusable Delay occurs concurrently with either an Excusable Delay or a Compensable Delay, the maximum extension of the Contract time shall be the number of calendar days, if any, by which the Excusable Delay or the Compensable Delay exceeds the Inexcusable Delay.
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For a Compensable Delay, the Contractor may make a delay claim for an adjustment in the Contract sum in an amount equal to the sum of the actual and unavoidable additional costs of labor, material, and equipment furnished at the site by the Contractor or Subcontractors, including wages, salaries, fringe benefits and payroll taxes.
Extensions of time, when granted, will be based upon the effect of delays to the project as a whole and will not be granted for non-controlling delays to minor portions of the work unless it can be shown that such delays did, in fact, delay the progress of the project as a whole. For purposes of determining delays, all float associated with the project schedule shall belong to the project. See General Provisions, Section 8.05, “Baseline Construction Schedule”.
If delays are caused by unforeseen events beyond the control of either the Contractor or the City, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor shall not be entitled to damages or additional payment due to these delays. War, governmental regulations, labor disputes, strikes, fires, floods, adverse weather necessitating cessation of work, other similar action of the elements, inability to obtain materials, equipment, or labor because of Federal Government restrictions arising out of National Defense, required extra work, action or inaction by the City, or other specific reasons as may be further described in the specifications may constitute such a delay. If delays beyond the Contractor’s control are caused by reasons other than those mentioned above, but are substantially equal in gravity to those enumerated, an extension of time may be granted, if deemed by the Engineer to be in the best interests of the City.
The Contractor shall be entitled to an extension of time if delayed due to a failure of the City to furnish necessary right-of-way or materials which the City agreed to furnish, or by the City’s failure to supply necessary plans or instructions concerning the work, after written request by the Contractor.
For Compensable Delay periods resulting in indirect overhead expenses, the Contractor shall be reimbursed as provided for in General Provisions, Section 5, “Changes in Work”.
8.20 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 the agreement, yet do not impair the City’s ability to occupy and fully utilize the work for its intended purpose, the project shall be deemed “Substantially Complete”. Portions of the work may also be designated by the City as substantially complete if the Contract Documents require separate delivery.
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 indicated in the Certificate of Substantial Completion, the Contractor’s guarantee for the work shall commence upon the date of substantial completion. See General Provisions, Section 11.01, “Contractor’s Guarantee”.
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. (a) 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. (b) Within fourteen (14) days of receipt of the Contractor's Certificate of Completion, a final inspection will be scheduled and conducted by the City. As a result of the inspection, the City will advise the Contractor of any work that must be completed or corrected before Acceptance, in the form of a punch list.
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(c) The City will conduct a re-inspection of the punch list items within when requested by the Contractor, in writing, with assurances that the punch list requirements have been met.
Any charges by a Consulting Engineer/Architect hired by the City to do repeat re-inspection of the punch list may be recovered from the Contractor. (d) The Contractor shall provide a final payment request with lien releases (if applicable) in a format acceptable to the City.
(e) The as-built drawings and all record documents 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.
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 Contractor’s operations or negligence. The Contractor will be required to restore such portions of the improvement before final acceptance. Nothing in this Section shall be construed as relieving the Contractor from full responsibility for correcting defective work or materials.
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SECTION 9 —RESPONSIBILITIES OF THE CONTRACTOR
9.01 Contractor’s Responsibility for the Work - The Contractor shall supervise, coordinate, and direct the work using Contractor’s best skill and attention. Contractor shall have control over and be solely responsible for construction means, methods, techniques, sequences, procedures, and the coordination of all portions of the work in accordance with the terms of the Contract Documents until the completion and final acceptance of the work by the City. The Contractor shall furnish and maintain in good condition all equipment and facilities as required for the proper execution and inspection of the work. Such equipment and facilities shall meet all requirements of applicable ordinances and laws.
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 Contractor’s Responsibility for SubContracted Work - The City will deal directly with, and make all payments to the Contractor only. The Contractor shall be responsible for the coordination of all trades, Subcontractors, and suppliers engaged upon the work. Neither the City nor the Engineer will undertake to settle any differences between the Contractor and the Subcontractors.
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 project. Contractor shall provide the Engineer with the Superintendent’s telephone number, along with an after-hours emergency contact number of a responsible person who shall correct hazardous situations, should they occur, during times other than the normal working hours.
Directions and information given to the Superintendent shall be considered as having the same effect as if delivered to the Contractor and the Superintendent shall have full authority to execute the same and to supply materials, tools and labor without delay, and who shall be the legally appointed representative of the Contractor. Contractor shall be liable for the faithful observation of any instructions delivered to Contractor’s duly appointed representatives.
9.04 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.
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9.05 Laws to be Observed - The Contractor shall be fully informed of, and at all times observe and comply with all Federal, State and County laws, including those of CAL-OSHA; all municipal ordinances and regulations of the City of San Carlos; and all orders and decrees of bodies having jurisdiction over the work. The Contractor shall also cause all agents and employees engaged on the project to observe and comply with all such laws, and shall protect and indemnify the City of San Carlos and all officers, employees, and agents thereof connected with the work against any claim or liability arising from or based on the violation of any such law.
(a) Non-Discrimination - Attention is directed to Labor Code, Section 1735 which reads as follows: “No discrimination shall be made in the employment of persons upon public work because of the race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital status or sex of such persons, except as provided in Government Code, Section 12940 and every Contractor for public works violating this Section is subject to all the penalties imposed for a violation of this chapter.” (b) 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 the City will be on file at the City’s principal facility office and will be made available to any interested party upon request. This prevailing wage rate schedule is provided by the City for Bidder’s information only and is not guaranteed by the City to be current. Contractor is obligated to verify all appropriate prevailing wage rates and pay those rates as required.
By this reference the verified current schedule of prevailing wage rates is made part of the Contract Documents. Contractor shall pay not less than the prevailing per diem wage rates, as specified in the schedule and any amendments thereto, to all workers employed by Contractor in the execution of the work. Contractor shall cause all subContracts to include the provision that all Subcontractors shall pay not less than the specified prevailing per diem wage rates to all workers employed by such Subcontractors in the execution of the work.
Contractor shall forfeit to the City, as a penalty, no more than fifty dollars ($50.00) for each calendar day or portion thereof for each worker that is paid less than the specified prevailing per diem wage rates for the work or craft in which the worker is employed for any portion of the work done by Contractor or any Subcontractor in violation of the provisions of the Labor Code, and in particular Sections 1770 to 1781 thereof, inclusive. Such forfeiture amounts may be deducted from the Contract sum. Contractor shall also pay to any worker who was paid less than the specified prevailing per diem wage rate for the work or craft for which the worker was employed for any portion of the work, for each calendar day, or portion thereof, for which the worker was paid less than the specified prevailing per diem
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wage rate, an amount equal to the difference between the specified prevailing per diem wage rate and the amount which was paid to the worker.
The City will not recognize any claim for additional compensation because of the payment by the Contractor for any wage rate in excess of prevailing wage rates set forth in the Agreement, including payment in excess of the prevailing wage for extra work paid by force account. The possibility of wage increases is one of the elements to be considered by the Contractor in determining the Contractor’s bid and will not, under any circumstances be considered as the basis of a claim against the City under the Agreement. (e) Payroll Records - Pursuant to Labor Code, Sections 1776, Contractor and all Subcontractors shall keep an accurate payroll record, showing the name, address, social security number, job classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the work. All payroll records shall be certified as being true and correct by Contractor or Subcontractors keeping such records; and the payroll records shall be provided to the City no later than three weeks after closing of payroll. The Contractor and all Subcontractors must also furnish electronic certified payroll records to the Labor 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, 4
th Floor, San Francisco, California,
94102 or one of its branch offices prior to commencement of the work. In the event Contractor willfully fails to comply with this Section, it will be considered in violation of the requirements of the Contract.
Nothing contained herein shall be considered or interpreted as prohibiting or preventing the hiring by Contractor or Subcontractors of 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 provide a copy of the Contractor’s Safety Plan. The price paid for the plan is included in the various Contract items of work and no additional compensation will be made therefore.
9.06 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 Capital Improvement Construction Projects, the Contractor shall obtain a “No Fee” encroachment and/or building permit. Contractor shall coordinate through the Engineer to ensure that all appropriate construction inspections occur.
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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 Contractor’s responsibility to ascertain the nature of work by others, coordinate the work, and install, modify, and maintain traffic control as necessary to avoid interferences and delays on the construction activities.
Failure of the Contractor to keep informed of the work progressing on the site and failure to give written notice of lack of progress or defective workmanship by others shall be construed as acceptance by the Contractor of the status of the work as being satisfactory for proper coordination with Contractor’s work.
Where the work of one trade joins or is on the other’s work, there shall be no lack of continuity or discrepancy when work is completed. In conforming one kind of work with another, marring or damaging other work will not be permitted. Should improper work of any trade be covered by another which results in damage or defects, the whole work affected shall be made good by the Contractor without expense to the City.
The City reserves the right to perform work or allow others to perform work, as necessary, within or adjacent to the limits of this project, at any time. If the Contractor or any of the Subcontractors or employees causes loss or damage to any separate Contractor on the work, the Contractor, by agreement or arbitration, if they deems it necessary, will settle any claim for such loss or damage. If such separate Contractor shall sue the City, on account of any loss so sustained, the City shall notify the Contractor, who shall indemnify and hold harmless the City against any loss or damage arising therefrom, including the cost and expense of defending any such suit.
If any portions of the work specified herein are to be installed in any right-of-way owned by 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 offhauled 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, at Contractor’s expense. The staging area must be fenced, with screening, and shall be operated in a manner that minimizes the inconvenience to neighbors.
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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 Permit from the City’s Planning Division.
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 manholes or into the City’s storm drain system.
Contractor shall establish a system for daily collection and disposal of waste materials from construction areas and elsewhere on the site. Contractor shall handle waste materials that are hazardous, dangerous, or unsanitary separately from inert waste by containerizing appropriately. Burning or burying of waste materials on site will not be permitted.
All materials removed from the existing improvements, which in the opinion of the Engineer have salvage value, shall be delivered to the City Corporation Yard at 1000 Bransten Road, San Carlos, or at any other site designated by the Engineer within the City and shall be considered as part of the Contract bid items, with no separate payment will be made thereof.
(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.
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Materials and equipment shall be removed from the site as soon as they are no longer necessary. Upon completion of the work and before final inspection, the entire site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance.
The Contractor shall abate dust nuisance by cleaning, sweeping, and sprinkling with water those excavated areas of dirt or other materials which are prone to causing dust, within both the project site and the storage or staging area. If required or directed by the Engineer, the Contractor shall provide an approved water truck of large capaCity with spraying capability and/or street sweeper.
The Contractor shall be required to apply water for dust control immediately during construction efforts and within one (1) hour after notification by the Engineer that an airborne nuisance exists. If dust control is not adequate, in the opinion of the Engineer, the Engineer will have this work performed by others and will deduct such cost from the total Contract price.
All hauling trucks or other construction vehicles leaving the site shall be cleaned of mud or dirt clinging to exterior body surfaces or wheel rims before traveling on City streets outside the work limits. All trucks coming to or leaving the site with materials or loose debris shall be loaded in a manner, which will prevent the dropping of materials or debris on City streets.
Spillage resulting from hauling operations along or across any public traveled way shall be removed immediately.
When construction operations cause dirt to be deposited on public streets, the Contractor shall immediately remove such material. Streets shall be cleaned by street sweeping, rather than flushing, so as to prevent mud from entering the storm drain system.
Excess excavated material shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the specifications. Forms and form lumber shall be removed from the site as soon as practicable after stripping.
Failure of the Contractor to comply with the Engineer’s cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension.
(c) Air Pollution Control - The Contractor shall not discharge smoke, dust, or any other air contaminants into the atmosphere in such quantity as will violate the regulations of any legally constituted authority.
(d) Noise Control - The Contractor shall make every reasonable effort to control noise generated as a result of construction to the satisfaction of the Engineer. Use of an air compressor, jackhammer or other loud, vibrating sound generating device shall be limited to operations between the hours of 8:00 a.m. and 6:00 p.m. Monday thru Friday and between 9:00 a.m. to 5:00 p.m. on Saturday and Sunday, unless otherwise authorized by the Engineer.
(e) Vermin Control - At the time of acceptance, structures entirely constructed under the Contract shall be free of rodents, insects, vermin and pests. Necessary extermination work shall be arranged and paid for by the Contractor as part of the Contract work within the Contract time and shall be performed by a licensed exterminator in accordance with requirements of governing authorities. The Contractor shall be liable for injury to persons or property and responsible for the elimination of offensive odors resulting from extermination operations.
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(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 equipment, necessary for the work at Contractor’s expense. The Contractor shall not draw water from any water source, except to extinguish a fire, without first obtaining permission from the appropriate water utility company/agency.
(i) Storm Water Pollution Control - All work shall conform to the National Pollutant Discharge Elimination System (NPDES) General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities (Order No. 2009-0009-DWQ, NPDES No.
CAS000002) ("General Permit"), and the NPDES Municipal Regional Stormwater Permit (MRP) (Order No. R2-2015-0049, NPDES No. CAS612008). The Contractor shall implement all applicable San Mateo Countywide Water Pollution Prevention Program (SMCWPPP) measures and Best Management Practices (BMPs). Failure to comply with the approved construction BMPs will result in the issuance of correction notices, citations and/or a stop work order.
The Contractor shall submit to the City a Stormwater Pollution Prevention Plan (SWPPP) or Water Pollution Control Plan (WPCP), prepared in compliance with all NPDES requirements. The SWPPP/WPCP prepared by the Contractor shall address how the Contractor will prevent materials from being rinsed or washed into the storm drain system and specify which BMPs will be implemented for preventing sediment and pollutant discharges into the storm water system. The Contractor shall provide for the 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 removing any waste from the Contractor’s construction operations using the appropriate BMP. The Contractor shall be responsible for cleaning catch basins of solid or liquid waste materials originating from the Contractor’s operation before this material migrates further into the storm drain system. Violation of this provision shall cause the City to issue a 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.
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9.13 Preservation of Property - The Contractor shall be responsible for the protection of public and private property adjacent to the work.
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 Contractor’s operations, they shall be replaced or restored, at the Contractor’s expense, to a condition as good as when the Contractor entered upon the work, or as good as required by the Contract Documents.
Existing striping damaged during construction within and adjacent to the project site shall be replaced with thermoplastic. Partially damaged striping (such as what might occur trenching through a pavement legend), shall be replaced in their entirety.
Contractor shall preserve carefully 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 Contractor of responsibility under this Section. It shall be the Contractor’s responsibility to ascertain the existence of any underground improvements or facilities indicated on the plans, indicated by locating services, or as evidenced by facilities visible in the field.
Contractor shall protect the work, supplies and materials from damage due to the nature of the work, the action of the elements, trespassers, or any cause whatsoever which is under Contractor’s control, until the completion and acceptance of the work. Neither the City nor any of the City's agents assume any responsibility for collecting indemnity from any person(s) causing damage to the work of the Contractor.
9.14 Protection of Buried Utilities - When the Contractor's attention is directed to the existence of pipes, cables, culverts, and other underground structures and improvements which may or may not be shown on the plans, 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 Contractor’s 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.
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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 undertaken within this time limit, the City may repair the facility at the Contractor’s expense.
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.
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 at the Contractor’s expense when they are no longer required. Acceptable means of removal include sand blasting, high pressure washing, or other means approved by the Engineer.
All traffic signs and street signs within the limit of work necessarily removed during the various phases of operations shall be temporarily reset by the Contractor at or near the original location upon completion of each phase of construction operations. Prior to removal of all traffic control signs, the Contractor shall submit photographs of the site which show the existing location of these signs so that upon completion the photographs will aid in resetting the signs at or near their original location. Traffic control signs and street signs will be replaced upon completion of the work and the cost of removal and replacement shall be considered as part of the Contract bid items, and no 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 delivered or stored at the project’s construction storage area, or if approved by the Engineer, at any other site designated by the Engineer within the City. Such objects may consist of street light poles, signal mast arms and other objects directed by the Engineer. Items not approved by the Engineer for reuse purposes, and without salvage value, shall become the property of the Contractor, to be disposed of at Contractor expense, in an acceptable manner.
9.18 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.
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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’s use of signs, flagmen, pavement markings, barricades, lights, cones and delineators. No one standard sequence of signs or control devices will suit all conditions which may result from construction operations. Even for the same work, the conditions may vary from hour to hour, requiring adjustment and revisions of the traffic control in effect. The traffic control requirements specified herein are therefore intended to establish general principles to be observed in the control and regulation of traffic through and around the construction operations anticipated for this project. The requirements set forth in this Section represent the minimum traffic control requirements imposed and the Contractor shall be solely responsible for providing the full extent of traffic control measures that are necessary. Only individuals trained in the principles of implementing traffic control and/or traffic control flagging shall 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 illustrations included in the “California Manual of Uniform Traffic Control Devices” and the “Work Area Traffic Control Handbook”, (Building News Incorporated P.O. Box 3031, Terminal Annex, Los Angeles, CA 90051). The submittal shall consist of scaled drawings for each 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 with the Manual of Uniform Traffic Control Devices and the Contractor’s favorably reviewed traffic control plans. Locations of devices shall be adjusted to suit the conditions and circumstances of each detour situation. In all cases, signs shall be placed to most effectively convey their messages to approaching traffic.
The Contractor shall maintain all traffic control devices, at proper locations and in proper working order, at all times during construction operations and whenever a hazard resulting from Contractor’s operations exists. The Contractor shall adjust and revise traffic control devices, placement, etc., to suit changing conditions around construction operations.
Traffic control devices shall remain in place at all times, as required to alert approaching traffic of upcoming hazards. After hazards have been removed, all traffic control devices shall be removed. Temporary signs shall be removed or their messages covered.
Daily traffic control measures shall continue until cleanup activities have been satisfactorily completed and all of the Contractor’s equipment has been removed from the traveled way.
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(c) Traffic Control Detours - The Contractor shall direct, divert and detour traffic through, around and adjacent to construction operations in accordance with the traffic control plans specified in the Contract Documents or in accordance with the Contractor’s favorably reviewed traffic control plans.
1. Field Review of Detours - Immediately after traffic control devices have been placed, the detour shall be test driven by the Engineer or Inspector and the Contractor’s Superintendent. The test drive shall include approaches to the detour from each possible direction, and traverse the full length of each detour route. The Contractor shall adjust and revise all traffic control devices as determined to be required by the test drive and the test drive shall be repeated, if determined necessary by the Engineer or Inspector. The Contractor shall provide additional traffic control devices as required to maintain the flow of traffic throughout construction operation.
2. Diverting Bicycle and Pedestrian Traffic - Whenever construction operations obstruct the flow of bicycle and pedestrian traffic or present a hazard to bicycles and pedestrians, the Contractor shall take appropriate action to protect and separate bicycles and pedestrians from the work area. Such action may include placement of barricades between bicycles and pedestrians and the work areas, placement of warning signs, and provisions utilizing personnel as required to protect and maintain access for bicycles and pedestrians as conditions warrant.
3. Diverting Vehicular Traffic - Whenever construction operations obstruct the flow of vehicular traffic or present a hazard to vehicles operating in the vicinity of construction operations, the Contractor shall take appropriate action to warn, detour and otherwise protect approaching drivers and vehicles.
4. Flagmen - The Contractor shall employ flagmen as required for each specific detour and at all locations where barricades and warning signs cannot control the movement of traffic. A warning sign shall be placed ahead of the flagman reading:
“Flagman Ahead.” The distance between the sign and the flagman should be based on the average traffic speed, allowing approximately fifty (50) feet for each ten (10) miles per hour. During hours of darkness, flagman stations shall be illuminated such that the flagman will be clearly visible to approaching traffic.
Lights for illuminating the flagman station shall receive favorable review by the Engineer. The flagman shall wear a red or orange warning garment when flagging.
Flagmen shall be provided with approved red flags or STOP/SLOW hand paddles, and two-way radios for communication. When flagging during hours of darkness, the flagman shall signal with a red light or flare and shall have a belt and suspender harness outside any garments fitted with reflectors or made from reflectorized cloth, unless the garment is well reflectorized in one of these ways.
5. Notice to Agencies - The Contractor shall notify the 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 through the work area. It is essential that the Contractor’s work and equipment does not impede emergency access.
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7. Night Detours - The Contractor shall not be permitted to maintain any lane closure or road closure during non-working hours without first obtaining written approval from the Engineer. During non-working hours the Contractor shall restore travel lanes to their original alignment and configuration by means of placing temporary asphalt pavement or bridging with steel plates. The Contractor shall place “ROUGH ROAD” signs conforming to the Manual of Uniform Traffic Control Devices at uneven temporary pavement or bridging locations. See General Provisions, Section 9.18 (b), “Trench Safety Requirements”.
8. Temporary Traffic Lanes - Temporary traffic lanes shall be at least ten (10) feet wide, or eleven (11) feet wide around curves. Provide an additional two (2) feet of clearance from curbs. The length of temporary lanes should be limited to the area under construction and the distance necessary to divert traffic. (d) Parking Restrictions - The Contractor shall post approved “No Parking” signs at all locations necessary to establish work areas and detour traffic. Signs shall read: “NO PARKING - CONSTRUCTION TOW-AWAY ZONE,” show the actual day and hours of parking restriction and indicate the telephone number of the City’s Police Department or agency having jurisdiction. Signs shall be placed at least forty-eight (48) hours in advance of the restriction. The Engineer shall approve the location and duration of no parking limits and verify their placement. The duration of no parking limits should not exceed two weeks, unless otherwise approved. “No Parking” signs shall be removed when no work is under construction and must be reposted forty-eight (48) hours before the resumption of construction activities.
For any violation of “No Parking” signs by motorists, the Contractor shall contact and coordinate directly with the City’s Police Department for removal of vehicles in accordance with the California Vehicle Code. The Contractor shall also coordinate with the Police Department directly for enforcement and towing of parked vehicles.
9.21 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 Contractor’s responsibilities shall specifically provide for the safety of persons involved in the project, other persons who are affected by the performance of the work, the work in place, materials and equipment to be incorporated in the work, the project site, and adjoining property.
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 excavation of any trench or trenches five (5’) feet or more in depth, the Contractor shall submit to the Engineer for review, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. Structural
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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 permit shall be available at all times for review by the Contractor and City personnel at the work site.
Prior to starting work, the Contractor shall prepare and submit its comprehensive CSEP to the Engineer. The CSEP shall address all potential physical and environmental hazards and contain procedures for safe entry into confined spaces, including, but not limited to the following:
1. Training of personnel
2. Purging and cleaning the space of materials and residue
3. Potential isolation and control of energy and material inflow
4. Controlled access to the space
5. Atmospheric testing of the space
6. Ventilation of the space
7. Special hazards consideration
8. Personal protective equipment
9. Rescue plan provisions
The Contractor’s CSEP submittal shall also include the names of the Contractor’s and Subcontractor’s personnel assigned to the project who will have CSEP responsibilities, their CSEP training, their specific assignment and their responsibilities in carrying out the CSEP.
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Payment for implementing, administering, and providing all equipment and personnel associated with the CSEP shall be included in the bid items for which the CSEP is required, and no additional compensation will be made.
(d) Hazardous Conditions: Contractor’s Responsibility for Precautions - Contractor agrees that if, during the progress of the work, a hazardous condition is identified which involves a risk of bodily harm to any person or a risk of damage to any property, the Contractor will take such special precautions as shall be necessary to make the progress of the work safe under such condition. Conditions may result from, but are not limited to, the use of specified materials or equipment, the location of the work, the condition of the site, the kind or method of construction, or the manner in which any of the work is required to be done.
The Contractor agrees to assume the sole responsibility for determining whether any such hazardous condition exists or will be created during the course of the work. (e) Use of Explosives - Explosives may be used only when authorized in writing by the Engineer, or as otherwise stated in the Specifications. Explosives shall be handled, used, and stored in accordance with all applicable regulations. No explosive material shall be transported to, stored or utilized on the site without written permission of Engineer. All blasting work and handling of explosives on the site shall be done only by qualified persons who possess a valid permit. The Engineer’s approval of the use of explosives shall not relieve the Contractor from liability for claims caused by blasting operations. (f) Special Hazardous Substances and Process - Materials that contain hazardous substances or mixtures may be required on the work. A Material Safety Data Sheet as described in California Code of Regulations, Section 5194 shall be requested by the Contractor from the manufacturer of any hazardous products used and submitted to the Engineer.
Hazardous material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet and on the product container label.
The Contractor shall notify the Engineer if a specified product cannot be used under safe conditions.
9.22 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 Contractor’s sureties shall protect and hold the City, together with all the City's officers, agents, servants and employees, harmless against any and all demands made for such fees or claims brought or made by the holder of any invention or patent and, before the final payment is made on account of this Contract, Contractor shall, if requested by the Engineer, furnish acceptable proof of a proper release from all such fees or claims.
Should the Contractor, his agents, servants or employees, or any of them, be enjoined from 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.
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9.23 Advertising - The names of the Contractor or Subcontractors, with their addresses and the designation of their particular specialties, may be displayed at the job site on removable signs only if written approval is received from the Engineer. Commercial advertising material shall not be attached to, or painted on the surfaces of, any buildings, fences, canopies, or barricades.
9.24 Antitrust Claims - Attention is directed to Public Contract Code, Section 7103.5 which provides: “In entering into a public works Contract or a subContract to supply goods, services, or materials pursuant to a public works Contract, the Contractor or Subcontractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec 15) or the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works Contract or subContract. The assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgement by the parties.”
9.25 Audit and Examination of Records - The City and entities and agencies designated by the City, shall have access to, and the right to audit and examine at no additional cost, all of the Contractor’s project related data including but not limited to, books, estimates, records, Contracts, bid cost data, Subcontractor and supplier job cost data, change orders, correspondence, instructions, drawings, receipts, vouchers, purchase orders, notes, computations, daily logs, and memoranda relating to the work. Pursuant to Government Code, Section 8546.7, the Contractor shall preserve all such records and will be subject to examination and audit by the State Auditor, at the request of the City, for a period of three (3) years after final payment under the Agreement.
9.26 Notice of Entrance - 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 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.
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SECTION 10 - MEASUREMENT AND PAYMENT
10.01 Measurement of Quantities for Unit Price Work - Materials and items of work which are to be paid for on the basis of measurement shall be measured in accordance with the methods stipulated in the particular sections of the Contract Documents involved. Unless specifically stated otherwise in this Contract, no extra measurement(s) according to local custom of any kind shall be allowed in measuring the work under this Contract; only the length, area, solid contents, number, weight, or time in standard units, as the case may be, shall be considered as specified.
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 Engineer with duplicate licensed Weighmaster’s certificates showing the actual net weights. The City will accept the certificates as evidence of the weights delivered.
10.02 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 prior to the date of the Engineer’s written notification eliminating such work. The actual costs to be paid to the Contractor shall be computed in the same manner as if the work were to be paid on a force account basis. No compensation will be made to the Contractor, in any case, for loss of anticipated profits.
Increased or decreased scope involving a change order will be paid as stipulated in the change order.
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%) of the Contract’s value. Overhead and profit shall not be allowed as a line item, but shall be prorated over other items of work.
10.03 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 “Final Pay Quantity”, the estimated quantity specified shall be the final quantity for which payment for such specified portion of the work will be made, regardless of the actual quantity constructed, unless the dimensions of said portions of the work shown on the plans are revised by the Engineer. If such dimensions are revised and such revisions result in an increase or decrease in the quantity of such work, the final
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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 with a written document setting forth the progress payment request’s shortcomings. Following receipt of an undisputed and properly submitted progress payment request, the City shall authorize payment within thirty (30) calendar days.
Contractor may request partial payment for materials delivered to the site but not yet incorporated into the work (materials on hand). To receive consideration for payment of materials on hand, the Contractor shall provide the Engineer with a list of such materials at least five (5) working days prior to submitting the monthly estimate of amount earned for work completed. At the Engineer’s sole discretion, up to seventy-five percent (75%) of the estimated value of materials on hand may be considered for payment, subject to the following:
(a) Only materials which have received favorable review of shop drawings will qualify. (b) Eligible materials must be delivered and properly stored, protected, and maintained in a manner favorably reviewed by the Engineer, at the job site or at a bonded warehouse. (c) The Contractor's actual net cost for the materials must be supported by paid invoices to suppliers or other documentation requested by the Engineer. (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.
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From each progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder of the amount due, less the amount of all previous payment will be paid to the Contractor provided all work invoiced has been completed and approved by the Engineer.
The Engineer may withhold or nullify, the whole or any part of any payment to such extent as may be necessary to protect the City from loss on account of any of the following:
(a) Defective or vandalized work not remedied,
(b) Damage to the City or another Contractor,
(c) Claims filed, or reasonable evidence indicating probable filing of claims, (d) Stop notices, or failure of the Contractor to make payments properly to Subcontractors or laborers or suppliers, in which case 125% of the stop notice amount shall be withheld until a release form is received,
(e) A reasonable doubt that the Contract can be completed for the balance unpaid, (f) Reasonable evidence that the work will not be completed within the Contract time and that the unpaid balance of the Contract sum would not be adequate to cover the City’s liquidated damages assessed in accordance with the Agreement for the anticipated delay, (g) Failure of Contractor to maintain, update and submit record documents, schedules or other submittals as required by the Contract Documents,
(h) Performance of work by Contractor without properly processed shop drawings; (i) Any other failure of Contractor to perform its obligations under the Contract Documents.
The Contractor may elect to receive one hundred percent (100%) of payments due under the Contract from time to time, without retention of any portion of the payment by the City, by depositing and maintaining securities of a value equivalent to the retention amount with the City in accordance with the provisions of Public Contract Code, Section 22300. Such securities, if deposited by the Contractor, shall be valued by the City’s Administrative Services Director, whose decision on valuation of the securities shall be final.
Contractor warrants that, upon submittal of an application for payment, all work for which payment has been previously issued by the City and received by the Contractor, shall be free and clear of all claims, stop notices, security interests, and encumbrances in favor of Contractor, Subcontractors, or other persons or firms entitled to make claims by reason of having provided labor, materials, or equipment relating to work.
The payment of progress payments by the City shall not be construed as an absolute acceptance of the work done up to the time of such payments and shall not constitute acceptance of defective work.
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:
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(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.
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 to Contractor’s failure to pay for labor or materials used in the work, all money due for such labor or materials will be withheld from payment to the Contractor in accordance with applicable laws.
If releases are required, the Contractor shall pay or cause to be paid to Subcontractors the amount stated in the conditional releases within five (5) days after receipt of the semi-final payment, and shall promptly thereafter furnish evidence of such payment to the City.
The securities deposited by the Contractor will be released, providing that the following requirements of the Contract have been fulfilled:
(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.
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(c) The return to the Engineer of all drawings and written specifications loaned to the Contractor during the construction period.
(d) The submission by the Contractor to the Engineer of record documents and a set of red-lined drawings showing the revisions to the original set of drawings which reflect the actual construction of the project for preparation of “Record Drawings”.
The Contractor agrees that the payment of the final amount due under the Contract shall release the City of San Carlos from any and all claims or liability on account of all work performed under the Contract, except those items previously made in writing and identified by the Contractor as unsettled.
Release of the final payment by the City shall not be construed as an acceptance of any defective work or acceptance of improper materials.
10.07 Acceptance - Contractor shall notify Engineer in writing of the completion of the work, whereupon the Engineer shall promptly satisfy them self by personal inspection as to the actual completion of the work in accordance with the terms of the Contract. After receiving a written recommendation from the Engineer for acceptance of the work, City shall accept or reject the work; stating, if the work is rejected, the requisite conditions for acceptance. When the City accepts the work, they shall file a Notice of Completion with the County Recorder in the county where the work is located and shall promptly notify the Contractor in writing of the recordation. Contractor warrants and guarantees that title to all work, materials and equipment accepted by the City will pass to the City free and clear of all liens, claims, security interests or encumbrances, and that no work, materials or equipment accepted will have been acquired by the Contractor, or by any other person performing the work at the site or furnishing materials or equipment for the project, subject to an agreement under which an interest therein or encumbrances thereon is retained by the seller or otherwise imposed by Contractor of such other person.
10.08 Compensation for Extra or Omitted Work - Compensation for extra or omitted work shall be in accordance with Section 5.08, Change Orders.
10.09 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 - The term “Claim” shall mean a written demand or assertion by the Contractor seeking, as a matter of asserted right, adjustment in the terms of the Contract Documents, payment of money, extension of time, or other relief with respect to the Contract Documents, or determination of other disputes or matters in question between the City and Contractor arising out of or related to the Contract Documents or the performance of the work, including claims alleging an error or omission.
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.
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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.
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 ten (10) working days after receipt of the City’s request. The Engineer shall render a decision promptly, but in any event, within thirty (30) working days after the receipt of the claim or the receipt of additional supporting data. If the amount of the claim is in excess of $50,000, the aforesaid thirty (30) working day period shall be sixty (60) working days. Failure of the Engineer to render a decision within the aforesaid thirty (30) or sixty (60) working day period shall be deemed a decision denying the claim and the last day of such period shall be the date of such decision. The decision of the Engineer shall be final and binding unless appealed in accordance with the General Provisions, Section 10.15, “Appeal of the Engineer’s Decision”.
10.13 Appeal of Engineer’s Decision - If Contractor disputes the Engineer’s decision of a claim, the Contractor shall, within thirty (30) calendar days of the decision, make a written appeal of the decision to the Engineer. The written appeal shall include all supporting data upon which the Contractor requests the City to modify its decision, including all documentation transmitted between the Contractor and the Engineer on the underlying claim. The Engineer shall make a good faith effort to resolve the claim prior to final completion of the Project. In the event the claim is not resolved prior to final completion, the Contractor’s claim shall be heard by the Director of Public Works prior to recommending final acceptance to the City Council. The Contractor’s administrative remedies under the Contract Documents shall be exhausted after the decision of the Director of Public Works is rendered. In case of disagreement with the decision of the Director of Public Works, the Contractor may pursue the resolution of the dispute by presenting a formal claim to the City.
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SECTION 11 - GUARANTY
11.01 Contractor’s Guaranty - Prior to final acceptance, the Contractor shall warrant and guaranty to the City that all work is in accordance with the Contract Documents and is not defective.
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 to be defective, the Contractor shall promptly without cost to the City and in accordance with the City’s written instructions, either correct such defective work or if it has been rejected by the City, remove it from the site and replace it with non-defective work.
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 attorneys’ fees and expenses and compensation for the City’s services and expenses.
The City shall have the option, at its sole discretion and by notice to the Contractor, to accept defective work as defined in Section 4.18 - “Acceptance of Defective Work. “
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CHILTON PARK LANDSLIDE REPAIR PROJECT
SPECIAL PROVISIONS
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SPECIAL PROVISIONS
These Special Provisions contain project specific requirements pertaining to the work, and as such, shall take precedence over the General Conditions portions of these Specifications. All costs associated with satisfying the requirements in these Special Provisions shall be included in the Contractor’s bid price and no additional compensation shall be made.
All work shall be done in accordance with the City Standard Specifications, City Standard Details, Caltrans Standard Specifications (where referenced), and the Contract Documents. The 2022 version of the Caltrans Standard Specifications (State Specifications) shall be used.
1. DESCRIPTION OF WORK
The work to be done under this contract includes but is not limited to:
• Landslide repair at Chilton Park (Behind 44 Bay View Drive) in the Cityof San Carlos. • Minor earthwork and landslide grooming.
• 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 Chilton Park (Behind 44 Bay View Drive) 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 $40,000.
4. DAYS AND 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.
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5. CONTROL OF WORK
The Contractor shall, as the first order of work, coordinate with all residents and businesses seventy-two (72) hours in advance of any work.
The 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.
A City of San Carlos “Encroachment Permit” is required. As a Contractor working for the City, no fee will be assessed to obtain an Encroachment Permit for this project.
If the construction work will require any street trees to be trimmed, Contractor shall obtain a “Street Tree Permit” from the City of San Carlos Department of Planning. Applications for Street Tree Permits are available by calling the Department of Planning at (650) 802-4263. It is the Contractor’s responsibility to obtain fee information updates by calling the City Department of Planning.
A City of San Carlos “Hazardous Materials Storage System Permit” may be required for various construction activities. The Contractor is responsible for verifying to the requirements and fee schedule for storage of diesel fuel and/or hazardous materials by contacting the San Carlos Fire Department at (650) 802-4300. It is the Contractor’s responsibility to follow any additional requirements as required by the 2016 California Fire Code.
7. SAFETY AND HEALTH REGULATIONS
The Contractor shall comply with all applicable occupational safety and health standards, rules, regulations and orders established by Federal and State Agencies.
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.
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8. SAFETY OF PERSONS AND PROPERTY
The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damages, injury or loss to:
1. All employees, City personnel, residents on the project, and all others who may be affected thereby;
2. All the work and all materials and equipment to be incorporated therein, whether in storage on or off the site, under the care, custody or control of the Contractor or any of the Contractor’s Subcontractors;and
3. The work of the City or 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 member of the Contractor’s organization and whose duty shall be the prevention of accidents. The Contractor shall submit the name of the Site Safety and Health Officer to the Engineer in writing. The Site Safety and Health Officer shall be responsible for preparation of a Health and Safety Plan.
The Health and Safety Plan shall detail the Contractors safety committee(s), safety rules, safety training, enforcement procedures, incentives, accident procedures and investigations, inspections, safety equipment and maintenance, hazardous materials (i.e. asbestos pipe) handling procedures, emergency action plan(s), alcohol and drug policies, confined space entry procedures, certification program and emergency retrieval procedures, 911 and emergency rescue services within jurisdiction of the work area, health providers and hospital emergency near the 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 Contractor’s expense.
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10. CONTRACTOR’S PLANT AND EQUIPMENT
The Contractor shall at all times be responsible for the security of all plant and equipment it owns or controls. The City will not take any responsibility for missing or damaged equipment, tools or personal belongings.
11. TRAFFIC CONTROL
Construction shall be organized so as to cause the least possible inconvenience to traffic.
Traffic control shall comply with the 2022 Caltrans Standard Plans T9 through T14 (available at 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.
Exceptions may be made, at the Engineer’s discretion, to allow work at other times and on other days if required for the Contractor’s operations. In such cases, the Contractor shall have an alternate work schedule reviewed and authorized by the Engineer prior to commencement of work.
General Requirements:
1. The Contractor’s attention is directed to Section 9.20 of the General Provisions for additional requirements.
2. The Contractor shall submit a traffic control plan to the Engineer for review, including any requests for alternate work schedules or work hours. a. 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.
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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. City’s project manager and inspector
b. City of San Carlos Police Department, (650)802-4277
c. City of San Carlos Fire Department, (650) 802-4300
d. City of San Carlos Garbage, Recycling, and Tree 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. City’s project manager and inspector
b. City of San Carlos Police Department, (650)802-4277
c. City of San Carlos Fire Department, (650) 802-4300
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, “Suspension of Work,” 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 days’ notice is required for any request to work at night or on weekends. No additional compensation for night or weekend work will be allowed therefor.
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 (10’) minimum width through traffic lane in each direction.
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12. STORMWATER 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 stormwater 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 Contractor. The Contractor’s attention is directed to Section 9.11 of the General Provisions for additional information.
15. POWER
All power for and in connection with work to be done under this contract shall be furnished and maintained by Contractor. The Contractor’s attention is directed to Section 9.12(h) of the General Provisions for additional information.
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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 Contractor’s expense, all in accordance with local codes and ordinances governing locations and methods of disposal, and in conformance with all applicable safety laws, and the requirements of the OSHA Safety and Health Standards for Construction.
The Contractor is advised that the disposal of solid waste, sewage, industrial waste, or other polluted waters into the public storm drain system is prohibited. Any fines or penalties levied against the City or Contractor for illicit discharges to the storm drain system as a result of the Contractor’s operation are the sole responsibility of the Contractor.
If the Contractor exceeds the number of days assigned to this contract, the Contractor shall continue to clean the area. When street cleaning is not performed to the satisfaction of the Engineer, the Engineer may have the area cleaned by City crews, and any incurred costs shall be deducted from the Contractor’s progress payments.
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18. CLEARING AND GRUBBING
All cleared and grubbed materials shall be hauled off and disposed outside of the right-of-way at a suitable location and in a lawful manner by the Contractor.
Unless shown on the plans, no trees shall be removed. Trees, limbs, and roots within the project area which interfere with the Contractor's operations may be trimmed, with authorization from the Engineer. Tree trimming shall only be performed by a qualified arborist or tree surgeon. Prior to any trimming being performed, the Contractor shall submit to the Engineer, for review, the qualifications of the proposed arborist or tree surgeon. Any tree roots one inch or greater in diameter which have to be removed or are damaged during construction operations shall be sawcut evenly and shall be treated with a heavy coat of commercially available water base asphalt emulsion sealing compound. If roots are to be left exposed for an extended period of time, all roots shall be covered immediately with two (2) layers of burlap or equivalent material and soaked regularly with water to ensure that all roots are kept moist for the duration of exposure. No tree shall be trimmed or removed without a permit from the Planning Department.
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.
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Special Provisions Chilton Park Landslide Repair Project Page SP-9 Project No. C2403
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 Contractor’s forces during the construction period from the date of Notice to Proceed and the date of Final Acceptance.
All repairs of apparent or discovered utility facilities will be accomplished by the respective utility owners. The Contractor must coordinate with the utility companies to rewrap and/or repair their utility. All exposed existing telephone, gas, water, electrical and other public utility facilities will receive an envelope of twelve inches (12”) of sand.
All painted markings including USA markings, marks placed by the Contractor, and marks placed by the City’s survey crew on street pavement, curbs, gutters and sidewalks shall be completely removed by the Contractor prior to completion of the project. All cost incurred to complete this work shall be deemed included in other items of work and no additional payment will be made thereof.
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 and grubbing, etc.) which may damage any existing utilities. Furthermore, the Contractor shall protect and assume liability for all existing utilities, whether or not shown on the plans, and any newly installed structures and lines from damage by Contractor’s forces for the duration of the construction period (from the date of Notice to Proceed until the date of Final Acceptance).
The Contractor must allow utility companies to rewrap their utilities. All exposed existing or new telephone, gas, water electricity or other public utility facilities shall receive an envelope in all directions of twelve inches (12”) of sand surrounding said utility(s) within the backfill area. This envelope shall be placed by the Contractor. All utilities must be supported by the Contractor when trench is opened.
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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 City’s 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 submit to the City, a notification letter, prior to time of construction, stating the nature of work and expected duration of construction activity affecting their property.
The City will have one week from the submittal date, to review and make suggested changes. The Contractor shall distribute the City approved letters via U.S. mail to provide a two week and seventy-two (72) hours advance notification to all residents and businesses impacted by construction.
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.
D. The final format and wording of this letter shall be subject to approval of City.
If Contractor encounters any difficulty in obtaining resident’s or business manager’s 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) weeks’ 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.
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Special Provisions Chilton Park Landslide Repair Project Page SP-11 Project No. C2403
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 satisfactory to the City and Contractor’s representative and/or superintendent.
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 shall 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 submittal number followed by a letter indicating the revision (i.e. “A” for the first revision, “B” for the second revision). Submittals shall be provided as required by the Contract Documents. The Contractor shall be responsible for conforming to the requirements of 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.
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Special Provisions Chilton Park Landslide Repair Project Page SP-12 Project No. C2403
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 24
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 27
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, for review prior to beginning of work. The manufacturer's/ producer’s, materials, test results, specifications and/or certificates of compliance shall be submitted for all applicable products on the list, and shall be dated no earlier than six (6) months from the award date.
ITEM DESCRIPTION SPECIFICATION SECTION
10. Geogrid Reinforcement TP 11
11. Subdrain Pipes TP 12
12. Drainage Geocomposite TP 13
13. Erosion Control TP 14
14. Import Material TP 44
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.
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CHILTON PARK LANDSLIDE REPAIR PROJECT
TECHNICAL PROVISIONS
Prepared by
ENGEO Incorporated
2633 Camino Ramon, Suite 250
San Ramon, CA 94583
(925) 866-9000
Project No. 13387.000.033
November 11, 2024
Revised April 25, 2025
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Revised April 25, 2025
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City of San Carlos Landslide Repair
Chilton Park Technical Provisions
November 13, 2024
Revised April 25, 2025
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
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City of San Carlos Landslide Repair
Chilton Park Technical Provisions
Page |TP-1 November 13, 2024
Revised April 25, 2025
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 therefore.
Any amount larger than 4 percent of the total bid will be retained until such time that demobilization is complete.
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Chilton Park Technical Provisions
Page |TP-2 November 13, 2024
Revised April 25, 2025
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
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City of San Carlos Landslide Repair
Chilton Park Technical Provisions
Page |TP-3 November 13, 2024
Revised April 25, 2025
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 provided and posted on “No Parking Tow Away” signs.
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. The City will review and make suggested changes to the letter and/or flyer within one week from the time of submittal from the Contractor.
D. The contractor shall distribute a City approved two-week and seventy-two (72) hour advanced notice flyer.
E. This Work shall include furnishing and posting advance notice “No Parking” signs, if necessary for equipment/vehicle access, along Chilton Park’s frontage of Bay View Road.
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.
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Chilton Park Technical Provisions
Page |TP-4 November 13, 2024
Revised April 25, 2025
2.02 NO PARKING SIGNS
City will provide “No Parking” signs for the Contractor’s use on this Project. The Contractor shall arrange for the pickup of signs not less than seven (7) days prior to being needed.
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Chilton Park Technical Provisions
Page |TP-5 November 13, 2024
Revised April 25, 2025
PART 3 – EXECUTION
3.01 DISTRIBUTION OF FLYERS
A. Two-week advance notice flyers shall be distributed by U.S. mail and seventy-two (72) hour advance notice flyers can be hand delivered by the Contractor to residents, schools, or businesses along the impacted streets, including side/cross streets adjacent in advance of construction. Seventy-two (72) hour advance 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. In the vicinity of 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 two-week notices by U.S. mail and door-to-door notifications seventy-two (72) hours prior to starting work for every phase of construction (Pavement repairs, concrete work, grinding, AC installation, slurry seal, striping, etc.).
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
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Chilton Park Technical Provisions
Page |TP-6 November 13, 2024
Revised April 25, 2025
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.
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Chilton Park Technical Provisions
Page |TP-7 November 13, 2024
Revised April 25, 2025
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
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Chilton Park Technical Provisions
Page |TP-8 November 13, 2024
Revised April 25, 2025
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 City of San Carlos’ Standards and Specifications.
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’s 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.
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Chilton Park Technical Provisions
Page |TP-9 November 13, 2024
Revised April 25, 2025
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’s 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 shall move property owners’ (residents’) garbage and recycle cans to areas accessible for garbage and recycle pick up. Garbage and recycle cans shall be returned to owners’ driveway after pickup.
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.
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Page |TP-10 November 13, 2024
Revised April 25, 2025
2. Provide as necessary to prevent unauthorized entry to construction areas and affected roads, streets, and alleyways, inside and outside of fenced area, and as required to ensure public safety and the safety of Contractor’s employees, other employer's employees, and others who may be affected by the Work.
3. Provide to protect existing facilities and adjacent properties from potential damage.
4. Locate to enable access by facility operators and property owners.
5. Protect streets, roads, highways, and other public thoroughfares that are closed to traffic by effective barricades with acceptable warning signs.
6. Locate barricades at the nearest intersecting public thoroughfare on each side of the blocked section and at any additional locations indicated on the traffic control plan.
O. Temporary Pavement Markings:
1. Temporary Pavement Delineation: Whenever Contractor’s operations reduce visibility of pavement delineation (lane lines, either pavement markers or painted lines or both, 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.
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Chilton Park Technical Provisions
Page |TP-11 November 13, 2024
Revised April 25, 2025
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.
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May 12, 2025 Packet Pg. 374
City of San Carlos Landslide Repair
Chilton Park Technical Provisions
Page |TP-12 November 13, 2024
Revised April 25, 2025
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 requirements of Section 015550, “Traffic Control”, and Section 015600, “Protection of Existing Facilities”, as follows.
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.
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May 12, 2025 Packet Pg. 375
City of San Carlos Landslide Repair
Chilton Park Technical Provisions
Page |TP-13 November 13, 2024
Revised April 25, 2025
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
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May 12, 2025 Packet Pg. 376
City of San Carlos Landslide Repair
Chilton Park Technical Provisions
Page |TP-14 November 13, 2024
Revised April 25, 2025
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.
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May 12, 2025 Packet Pg. 377
City of San Carlos Landslide Repair
Chilton Park Technical Provisions
Page |TP-15 November 13, 2024
Revised April 25, 2025
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
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May 12, 2025 Packet Pg. 378
City of San Carlos Landslide Repair
Chilton Park Technical Provisions
Page |TP-16 November 13, 2024
Revised April 25, 2025
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 repair damages done to any City facilities caused by the Contractor’s operations 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 documentation, the Engineer’s judgment shall be final.
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May 12, 2025 Packet Pg. 379
City of San Carlos Landslide Repair
Chilton Park Technical Provisions
Page |TP-17 November 13, 2024
Revised April 25, 2025
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 during the Contractor’s 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.
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May 12, 2025 Packet Pg. 380
City of San Carlos Landslide Repair
Chilton Park Technical Provisions
Page |TP-18 November 13, 2024
Revised April 25, 2025
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 disturbance by the Contractor’s activities relating to the Work. The Engineer shall 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.
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May 12, 2025 Packet Pg. 381
City of San Carlos Landslide Repair
Chilton Park Technical Provisions
Page |TP-19 November 13, 2024
Revised April 25, 2025
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 and shall repair all damage due to the Contractor’s operations, and the provisions 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
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May 12, 2025 Packet Pg. 382
City of San Carlos Landslide Repair
Chilton Park Technical Provisions
Page |TP-20 November 13, 2024
Revised April 25, 2025
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 of San Mateo’s Historical Tree Lists.
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.
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May 12, 2025 Packet Pg. 383
City of San Carlos Landslide Repair
Chilton Park Technical Provisions
Page |TP-21 November 13, 2024
Revised April 25, 2025
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
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May 12, 2025 Packet Pg. 384
City of San Carlos Landslide Repair
Chilton Park Technical Provisions
Page |TP-22 November 13, 2024
Revised April 25, 2025
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. Submit at Contractor’s expense, Schedule of Shop Drawing and Sample 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. Contractor’s name and address and job number.
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 (MSDS) for each item complying with OSHA’s Hazard Communication Standard 29 CFR 1910.1200.
8. Other pertinent data.
C. Where manufacturer’s standard drawings or data sheets are used, they shall be 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:
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May 12, 2025 Packet Pg. 385
City of San Carlos Landslide Repair
Chilton Park Technical Provisions
Page |TP-23 November 13, 2024
Revised April 25, 2025
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 Engineer’s stamp.
11. Identification of deviations from Contract Documents.
12. Contractor’s stamp, initialed or signed, with language certifying the review of 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 specified shall only be permitted when the proposed unnamed “equal” product or material to be furnished is both equal in quality and utility and after the Contractor has complied with the following provisions.
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May 12, 2025 Packet Pg. 386
City of San Carlos Landslide Repair
Chilton Park Technical Provisions
Page |TP-24 November 13, 2024
Revised April 25, 2025
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 City’s decision shall be final. An acceptance by the City of a substitution shall 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.
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May 12, 2025 Packet Pg. 387
City of San Carlos Landslide Repair
Chilton Park Technical Provisions
Page |TP-25 November 13, 2024
Revised April 25, 2025
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. All information relative to Contractor’s sole responsibilities and of means, methods, techniques, sequences and procedures of construction and safety precautions and programs incident thereto.
G. Contractor’s submission to City or to Engineer of a Shop Drawing or Sample submittal will constitute Contractor’s representation that it has satisfied its obligations under the Contract Documents, and as set forth immediately above, with respect to Contractor’s review and approval of that submittal.
H. Designation of Work “by others”, if shown in submittals, shall mean that Work will be responsibility of Contractor rather than Subcontractor or supplier who has prepared submittals.
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May 12, 2025 Packet Pg. 388
City of San Carlos Landslide Repair
Chilton Park Technical Provisions
Page |TP-26 November 13, 2024
Revised April 25, 2025
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. After review by City or Engineer of each of Contractor’s submittals, two (2) sets of 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. 3 above, Contractor’s first resubmittal does not fall 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, corrections, and modifications from City or Engineer’s review before fabrication.
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.
Engineer’s review will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given
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May 12, 2025 Packet Pg. 389
City of San Carlos Landslide Repair
Chilton Park Technical Provisions
Page |TP-27 November 13, 2024
Revised April 25, 2025
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. City and/or Engineer’s review will not extend the means, methods, techniques, 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. It shall be Contractor’s responsibility to copy, conform, and distribute reviewed submittals in sufficient numbers for Contractor’s files, subcontractors, and vendors.
P. After City and/or Engineer’s review of submittal, revise as noted, 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.
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City of San Carlos Landslide Repair
Chilton Park Technical Provisions
Page |TP-28 November 13, 2024
Revised April 25, 2025
R. All Shop Drawings and submittals shall be number identified by Contractor, prior to submission to Engineer, in accordance with the following.
1. Contractor shall sequentially number each submittal (i.e., “1”, “2”, “3”, etc.) as 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 resubmit), add the suffix designation “A” (i.e., a resubmittal of submittal 1 would be numbered 1A). Subsequent resubmittals would be identified by the submittal number and sequential letters (i.e., “B”, “C”, “D”, etc.).
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 re-examination of Contractor’s submittals that have been returned for correction or replacement will be included in Engineer’s scope. Any additional re-examination of Contractor’s submittals will be considered additional scope services to be paid by Contractor through City.
Engineer shall be paid hourly at 3.0 times direct payroll expenses and charge consultant’s time at 1.25 times the amount billed Engineer.
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.
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City of San Carlos Landslide Repair
Chilton Park Technical Provisions
Page |TP-29 November 13, 2024
Revised April 25, 2025
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 of the Contractor’s representation of “as-built” 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.
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City of San Carlos Landslide Repair
Chilton Park Technical Provisions
Page |TP-30 November 13, 2024
Revised April 25, 2025
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
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City of San Carlos Landslide Repair
Chilton Park Technical Provisions
Page |TP-31 November 13, 2024
Revised April 25, 2025
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 be done by the Contractor’s 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.
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City of San Carlos Landslide Repair
Chilton Park Technical Provisions
Page |TP-32 November 13, 2024
Revised April 25, 2025
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 natural physical constants.
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City of San Carlos Landslide Repair
Chilton Park Technical Provisions
Page |TP-33 November 13, 2024
Revised April 25, 2025
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.
6. Perform additional tests required by the City or Engineer.
7. Attend pre-construction meetings and progress meetings on request.
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City of San Carlos Landslide Repair
Chilton Park Technical Provisions
Page |TP-34 November 13, 2024
Revised April 25, 2025
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 accordance with the recognized standards of the industry.
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May 12, 2025 Packet Pg. 397
City of San Carlos Landslide Repair
Chilton Park Technical Provisions
Page |TP-35 November 13, 2024
Revised April 25, 2025
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, either by tests and inspections carried out in the City’s presence or by certificates 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 inspections shall be at the Contractor’s expense for any materials or equipment 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 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.
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City of San Carlos Landslide Repair
Chilton Park Technical Provisions
Page |TP-36 November 13, 2024
Revised April 25, 2025
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 employed for the purpose of measuring the performance of the facility’s equipment 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 MANUFACTURERS’ FIELD SERVICES
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
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City of San Carlos Landslide Repair
Chilton Park Technical Provisions
Page |TP-37 November 13, 2024
Revised April 25, 2025
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
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May 12, 2025 Packet Pg. 400
City of San Carlos Landslide Repair
Chilton Park Technical Provisions
Page |TP-38 November 13, 2024
Revised April 25, 2025
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 “Water Pollution Control Programs (WPCP) Preparation Manual.” 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. California Department of Transportation “Water Pollution Control Programs (WPCP) Preparation Manual.”
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City of San Carlos Landslide Repair
Chilton Park Technical Provisions
Page |TP-39 November 13, 2024
Revised April 25, 2025
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/in2in 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.
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City of San Carlos Landslide Repair
Chilton Park Technical Provisions
Page |TP-40 November 13, 2024
Revised April 25, 2025
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.
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City of San Carlos Landslide Repair
Chilton Park Technical Provisions
Page |TP-41 November 13, 2024
Revised April 25, 2025
B. Pesticides or fertilizers shall not be over applied and material manufacturer’s instructions shall be followed regarding uses, protective equipment, ventilation, flammability, and mixing of chemicals. Over application of a pesticide constitutes a “label violation” subject to an enforcement action by the San Mateo County 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.
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City of San Carlos Landslide Repair
Chilton Park Technical Provisions
Page |TP-42 November 13, 2024
Revised April 25, 2025
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
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May 12, 2025 Packet Pg. 405
City of San Carlos Landslide Repair
Chilton Park Technical Provisions
Page |TP-43 November 13, 2024
Revised April 25, 2025
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.
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City of San Carlos Landslide Repair
Chilton Park Technical Provisions
Page |TP-44 November 13, 2024
Revised April 25, 2025
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
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City of San Carlos Landslide Repair
Chilton Park Technical Provisions
Page |TP-45 November 13, 2024
Revised April 25, 2025
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.
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Chilton Park Technical Provisions
Page |TP-46 November 13, 2024
Revised April 25, 2025
B. Compaction
The process of mechanically stabilizing a material by increasing its density at a controlled moisture condition. “Degree of Compaction” is expressed as a percentage of the maximum density obtained by the test procedure described in ASTM D1557 for general soil types, abbreviated in this specification as “90 percent compaction.”
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.
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Chilton Park Technical Provisions
Page |TP-47 November 13, 2024
Revised April 25, 2025
PART 2 – MATERIAL
2.01 MATERIALS
The Contractor shall furnish fill materials and geotextile fabrics in accordance with 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.
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Page |TP-48 November 13, 2024
Revised April 25, 2025
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.
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 “Clearing and Grubbing,” of these specifications.
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’s expense.
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.
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Page |TP-49 November 13, 2024
Revised April 25, 2025
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 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.
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Page |TP-50 November 13, 2024
Revised April 25, 2025
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.
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
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Chilton Park Technical Provisions
Page |TP-51 November 13, 2024
Revised April 25, 2025
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.
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Page |TP-52 November 13, 2024
Revised April 25, 2025
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.
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Page |TP-53 November 13, 2024
Revised April 25, 2025
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
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City of San Carlos Landslide Repair
Chilton Park Technical Provisions
Page |TP-54 November 13, 2024
Revised April 25, 2025
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.
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Chilton Park Technical Provisions
Page |TP-55 November 13, 2024
Revised April 25, 2025
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.
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Page |TP-56 November 13, 2024
Revised April 25, 2025
Overlap adjacent roll ends of filter fabric in accordance with manufacturer’s 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
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Page |TP-57 November 13, 2024
Revised April 25, 2025
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.
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Page |TP-58 November 13, 2024
Revised April 25, 2025
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. Manufacturer’s name
ii. Product identification
iii. Length
iv. Width
v. Roll number
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Revised April 25, 2025
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
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Revised April 25, 2025
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 control at the typical frequencies used at manufacturer’s plant to evaluate its 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.
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Page |TP-61 November 13, 2024
Revised April 25, 2025
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.
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Chilton Park Technical Provisions
Page |TP-62 November 13, 2024
Revised April 25, 2025
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.
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Page |TP-63 November 13, 2024
Revised April 25, 2025
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 per manufacturer’s instructions, 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
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Page |TP-64 November 13, 2024
Revised April 25, 2025
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.
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Revised April 25, 2025
B. 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. Erosion control mat/blanket shall be installed in accordance with manufacturer’s 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
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EATON PARK (BEHIND 3101 BRITTAN AVENUE) LANDSLIDE REPAIR PROJECT
GENERAL PROVISIONS
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TABLE OF CONTENTS
SECTION 1 – TERMS AND DEFINITIONS ..........................................................................................................1
1.01 Terms ............................................................................................................................................1
1.02 Definitions .....................................................................................................................................1 SECTION 2 – PROPOSAL REQUIREMENTS AND CONDITIONS .....................................................................5
2.01 General .........................................................................................................................................5
2.02 Proposal Forms.............................................................................................................................5
2.03 Qualifications of Bidders ...............................................................................................................5
2.04 Rejection of Proposals Containing Alterations, Erasures, or Irregularities....................................5
2.05 Submission of Bids........................................................................................................................5
2.06 Approximate Estimate ...................................................................................................................6
2.07 Examination of Plans, Specifications, and Work Site....................................................................6
2.08 Withdrawals of Proposals..............................................................................................................6
2.09 Proposal Guaranty ........................................................................................................................6
2.10 Disqualification of Bidders.............................................................................................................6
2.11 Bid Protest Procedures .................................................................................................................6
2.12 List of Subcontractors ...................................................................................................................7
2.13 Required Contractor and Subcontractor Registration ...................................................................7 SECTION 3: REVIEW OF BIDS, CONTRACT AWARD AND EXECUTION........................................................8
3.01 Public Bid Opening and Initial Review ..........................................................................................8
3.02 Determination of Lowest Responsible Bidder ...............................................................................8
3.03 Notice of Award.............................................................................................................................9
3.04 Contract Execution........................................................................................................................9
3.05 Status of Contractor ......................................................................................................................9
3.06 Assignment ...................................................................................................................................9
3.07 Recognition of Subcontractors ......................................................................................................9
3.09 Forfeiture of Proposal Guaranty..................................................................................................10
3.10 Contract Bonds ...........................................................................................................................10
3.11 Notification of Surety Companies................................................................................................11
3.12 Power of Attorney........................................................................................................................11
3.13 Insurance Requirements .............................................................................................................11
3.14 Special Requirements .................................................................................................................11
3.15 Builders Risk Insurance ..............................................................................................................12
3.16 Certificates ..................................................................................................................................12
3.17 Legal Address of Contractor .......................................................................................................12
3.18 Office of Contractor at Site..........................................................................................................12 SECTION 4 - SCOPE AND CONTROL OF WORK ............................................................................................13
4.01 Work to be Done .........................................................................................................................13
4.02 Plans and Specifications .............................................................................................................13
4.03 References to Standards and Codes ..........................................................................................13
4.04 Authority of the Engineer.............................................................................................................14
4.05 Contract Documents and Precedence ........................................................................................14
4.06 Interpretation of Specifications and Drawings.............................................................................14
4.07 Figured Dimensions ....................................................................................................................15
4.08 Errors or Discrepancies...............................................................................................................15
4.09 Drawings to be Furnished by Contractor.....................................................................................15
4.10 Additional Drawings by City ........................................................................................................15
4.11 Lines and Grades........................................................................................................................15
4.12 Record Documents .....................................................................................................................15
4.13 Record Drawings.........................................................................................................................16
4.14 Reuse of Documents...................................................................................................................16
4.15 Subsurface Data .........................................................................................................................16
4.16 Right-of-Way ...............................................................................................................................16
4.17 Removal of Defective and Unauthorized Work ...........................................................................16
4.18 Acceptance of Defective Work ....................................................................................................16
4.19 Submittals ...................................................................................................................................17
4.20 Substitutions................................................................................................................................17
4.21 Construction Staking Lines and Grades......................................................................................18
4.22 Inspection of the Work ................................................................................................................18
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4.23 Testing ........................................................................................................................................19 SECTION 5 – CHANGES IN WORK...................................................................................................................20
5.03 Non-Material Change Requests by the Contractor .....................................................................20
5.04 Effect of Extension of Time .........................................................................................................20
5.05 Letters of Instruction....................................................................................................................20
5.06 Requests for Information, Inconsistencies and Changed Conditions..........................................20
5.07 Extra and Omitted Work..............................................................................................................21
5.08 Change Orders............................................................................................................................21
5.09 Disputed Work.............................................................................................................................23 SECTION 6 - CONTROL OF MATERIALS.........................................................................................................24
6.01 Materials and Workmanship........................................................................................................24
6.02 Protection of Work and Materials ................................................................................................24
6.03 Trade Names or Equals ..............................................................................................................24
6.04 Inspection of Materials by City ....................................................................................................25
6.05 Inspection of Materials by Others................................................................................................25
6.06 Tests of Materials........................................................................................................................25
6.07 Certification .................................................................................................................................25
6.08 Weighing and Metering Equipment .............................................................................................25
6.09 Calibration of Testing Equipment ................................................................................................26 SECTION 7 – UTILITIES ....................................................................................................................................27
7.01 City’s Statutory Obligation...........................................................................................................27
7.02 Contractor’s Obligation to Identify and Protect Subsurface Infrastructure ..................................27
7.03 Location.......................................................................................................................................27
7.04 Protection ....................................................................................................................................28
7.05 Shut Down Notification................................................................................................................28
7.06 Removal ......................................................................................................................................29
7.07 Relocation ...................................................................................................................................29
7.08 Delays .........................................................................................................................................29
7.09 Cooperation.................................................................................................................................29 SECTION 8 – PROSECUTION AND PROGRESS.............................................................................................30
8.01 Notice to Proceed........................................................................................................................30
8.02 Commencement of Work ............................................................................................................30
8.03 Subcontracting ............................................................................................................................30
8.04 Administrative Duties ..................................................................................................................30
8.05 Baseline Construction Schedule .................................................................................................30
8.06 Three-Week Look Ahead Schedule ............................................................................................31
8.07 Construction Sequence...............................................................................................................31
8.08 Recording Existing Conditions ....................................................................................................31
8.09 Preconstruction Conference........................................................................................................31
8.10 Progress Meeting ........................................................................................................................31
8.11 Hours of Construction .................................................................................................................32
8.12 Prosecution of Work....................................................................................................................32
8.13 Suspension of Work ....................................................................................................................32
8.14 Default by the Contractor and Termination of Control.................................................................32
8.15 Contractor’s Right to Stop Work or Terminate Contract..............................................................33
8.16 City’s Right to Terminate Contract ..............................................................................................34
8.17 Time of Completion and Days Charged ......................................................................................34
8.18 Liquidated Damages ...................................................................................................................35
8.19 Delays and Extensions of Time...................................................................................................35
8.20 Substantial Completion ...............................................................................................................37
8.21 Project Closeout..........................................................................................................................37
8.22 Final Completion .........................................................................................................................38
8.23 Final Acceptance.........................................................................................................................38
8.24 Risk of Loss.................................................................................................................................38
8.25 Use of Improvements During Construction .................................................................................38 SECTION 9 —RESPONSIBILITIES OF THE CONTRACTOR ...........................................................................39
9.01 Contractor’s Responsibility for the Work .....................................................................................39
9.02 Contractor’s Responsibility for Subcontracted Work...................................................................39
9.03 Superintendent............................................................................................................................39
9.04 Character of Workers ..................................................................................................................39
9.05 Laws to be Observed ..................................................................................................................40
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9.06 Permits and Fees ........................................................................................................................41
9.07 Coordination and Cooperation ....................................................................................................42
9.08 Use of Premises..........................................................................................................................42
9.09 Construction Staging and Field Office.........................................................................................42
9.10 Site Security ................................................................................................................................43
9.11 Construction Water .....................................................................................................................43
9.12 Project Site Maintenance ............................................................................................................43
9.13 Preservation of Property .............................................................................................................46
9.14 Protection of Buried Utilities ........................................................................................................46
9.15 Protection of Bridges...................................................................................................................46
9.16 Protection of Traffic Signal Facilities ...........................................................................................46
9.17 Restoration of Adjacent and Existing Improvements ..................................................................47
9.18 Archeological Remains ...............................................................................................................47
9.19 Access to Private Property..........................................................................................................47
9.20 Traffic Control and Public Convenience......................................................................................48
9.21 Safety ..........................................................................................................................................50
9.22 Patent Fees or Royalties.............................................................................................................52
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 ............................................................................................53
9.29 Rights-of-Way .............................................................................................................................53 SECTION 10 - MEASUREMENT AND PAYMENT .............................................................................................54
10.01 Measurement of Quantities for Unit Price Work..........................................................................54
10.02 Bid Items .....................................................................................................................................54
10.03 Bid Quantities..............................................................................................................................54
10.04 Progress Payments.....................................................................................................................55
10.05 Retentions ...................................................................................................................................56
10.06 Final Payment .............................................................................................................................57
10.07 Acceptance .................................................................................................................................58
10.08 Compensation for Extra or Omitted Work ...................................................................................58
10.09 Compensation to City for Extension of........................................................................................58
10.10 Claims .........................................................................................................................................58
10.11 Time Limit on Claims...................................................................................................................59
10.12 City Response to Claims.............................................................................................................59
10.13 Appeal of Engineer’s Decision ....................................................................................................59 SECTION 11 – GUARANTY ...............................................................................................................................60
11.01 Contractor’s Guaranty .................................................................................................................60
11.02 Correction of Defective Work During the Guaranty Period .........................................................60 * * *
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General Provisions Eaton Park (Behind 3101 Brittan Avenue) Landslide Repair Project Page GP-1 Project No. C2403
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 Complete in Place" that is, "Furnish and Install,” 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 Responsibility, Bidder’s 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, the term “Bidder” shall be equivalent to the term “Contractor” for the purpose of identifying the Contractor’s 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.
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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 – See definition for “Agreement.”
Contract Documents – See Agreement, Section 2.1, “List of Contract Documents and Precedence.” 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 – The Contractor’s original bid for a single unit of an item of work in the proposal.
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 “Contractor” shall be equivalent to the term “Bidder” for the purpose of identifying the Contractor’s rights 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 damaged prior to the Engineer’s recommendation of final acceptance. See General Provisions Section 6.01, “Materials and Workmanship.”
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 remaining to be completed. See General Provisions, Section 8.22, “Final Completion.”
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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 5.08 “Change Orders“ 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 Standards, Inc., entitled “Standard Specifications for Public Works Construction,” and “Standard Plans for Public Works Construction,” current editions.
Hold Harmless – Agreement by one party to bring no claim for negligence, breach of contract, indemnity or otherwise against another party. See Agreement Section 17, “Indemnification.” 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 to complete the contract in excess of the contract time. See General Provisions, Section 8.18, “Liquidated Damages.”
Losses – Any and all losses, costs, liabilities, claims, damages, and expenses, including, without limitation, reasonable attorneys’ fees and expenses.
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, “Submittals.”
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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 administrative subsections of Caltrans’ Standard Specification that are specifically referenced in this Contract and the non-administrative sections (Section 10 through 95) of the Caltrans’ Standard 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 Works Construction, “Greenbook,” current edition.
State – State of California.
State Standard Plans – The Standard Plans of the Department of Transportation of the State of California, (Caltrans’) Standard Plans dated 2010.
State Standard Specifications – The Standard Specifications of the Department of Transportation of the State of California Caltrans’ Standard 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, Section 8.20, “Substantial Completion.”
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 provided, by the Contractor to fulfill the Contractor’s obligations. The work 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 Thanksgiving, Christmas Day, New Year’s Day, Martin Luther King Jr. Day, President’s Day, Memorial Day, Independence Day, Labor Day, and Veteran’s Day. See General Provisions, Section 8.19, “Delays and Extension of Time.” In addition, at the option of the Engineer, the Contractor may be required to suspend all work and activities during the City’s annual Holiday Closure in late December and early January of each 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 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.
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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 portion of the Contract Documents entitled “Bid Proposal” focuses the Bidders attention on the requirements for submitting a proposal, including the Notice to Bidders, and the Bid Proposal Forms. Bidders are required to perform a site visit prior to submitting their bid. Site access for the visit should be coordinated with the City’s Project Manager 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 completed Bid Schedule, Designation of Subcontractors, Bidders Statement of Responsibility, Bidder’s Non-Collusion Affidavit, Bidder’s Qualifications, Bidders References, Signature of Bidder, Bid Guaranty, 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 the Bidder’s name and address, and the notation “SEALED BID ENCLOSED, CITY OF SAN CARLOS,” 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.
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Bids may be mailed or delivered by messenger. It is the Bidder’s responsibility alone to ensure 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 acknowledgment 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.
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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.
Any bidder’s failure to fully comply with these procedures shall constitute a waiver of any right to further pursue a bid protest, including filing of a challenge of the award pursuant to the California Public Contract Code, filing of a claim pursuant to the California Government Code, or filing of any other legal proceedings.
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 construed as a waiver of the City Council’s right to reject all bids.
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.
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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 shall be determined as the “Lowest Monetary Bidder” on the basis of the Engineer’s approximate estimate of the quantities of work to be done as set forth in the Bid Schedule, in accordance with the calculation criteria set forth on the bid.
After the Lowest Monetary Bidder has been determined, the Engineer shall review that Bidder’s bid in order to determine whether or not that Bidder is the “Lowest Responsible Bidder.” The term Lowest 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.
The term “responsive” is defined by California law, but generally means that the bid has been prepared and submitted in accordance with the Bidding Requirements. The term “responsible” is defined 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 the Bidder’s work by previous cities, clients, design professionals, or Subcontractors. (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 Bidder is responsible, then that Bidder shall be deemed the apparent “Lowest Responsible Bidder,” and the Engineer shall report the findings to the City Council.
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If the Engineer finds that the Lowest Monetary Bidder’s bid is not responsive, or that the Lowest 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 responsive and responsible, then that next lowest Bidder shall be deemed the apparent “Lowest Responsible Bidder,” and Engineer shall report its findings as recommendations to the City Council. This 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 non-responsive 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 in the City’s best interest to award the Agreement, a Notice of Award shall be sent to the Lowest Responsible Bidder as determined by the City Council. The City Council’s decision shall be 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.
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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.
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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.
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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.
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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 accuracy of such information. It is the Contractor’s responsibility to ascertain the existence of any such 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 in (or inferred from) the information. The Contractor may not rely upon “record drawings” or 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, Section 6.03, “Trade Names or Equals”.
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 Engineer’s Consultants, agents or employees, any duty or authority to supervise or direct the furnishing or performance of the work or any duty or authority to undertake responsibility for the Contractor.
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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 Bond, Insurance Endorsements, Worker’s Compensation 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 Specifications for Public Works Construction “Greenbook”. (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.
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General Provisions Eaton Park (Behind 3101 Brittan Avenue) Landslide Repair Project Page GP-15 Project No. C2403
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.
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 discovery, until authorized, will be done at the Contractor’s risk.
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.
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General Provisions Eaton Park (Behind 3101 Brittan Avenue) Landslide Repair Project Page GP-16 Project No. C2403
4.13 Record Drawings –The Contractor shall prepare and update a master “as-built” set of red 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 underground or concealed features are found noting alignment (to 0.25’) and elevation (to 0.1’ ), field changes or deletions of work, and any additional work by change order. Upon the project’s completion, and prior to the project’s acceptance, the Contractor 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.
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 test hole was drilled. It is the Contractor’s responsibility to determine and allow for the possibility of differing ground water elevations on the date of the project’s construction. A difference in elevation between ground 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 liable to the City, including reasonable attorneys’ fees and expenses and compensation for the City’s services and expenses.
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
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General Provisions Eaton Park (Behind 3101 Brittan Avenue) Landslide Repair Project Page GP-17 Project No. C2403
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.
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.