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HomeMy Public PortalAboutO'Neill Slough Tide Gate Reconstruction and Levee Improvements (4)I I I I 1 I I I I I I I1 I CONTRACT BOOK O'NEILL SLOUGH TIDE GATE RECONSTRUCTION AND LEVEE IMPROVEMENTS CITY PROJECT NO. 466237 August 2005 CITY OF SAN MATEO Public Works Department 330 West 20th Avenue San Mateo, CA 94403 650/522-7300 650/522-7301 (fax) ! ! ! ! !o ! ! ! ! a a a a a ! a ! ! ! Mario, "Leif Coponen" <Icoponen@swsv.com> 07/12/2006 04:08 PM To: <mung@cityofsanmateo.org> cc: <JWalker@cityofsanmateo.org>, "Chuck Anderson" <ca n d erso n @ swsv. co m> Subject: RE: O'Neil Slough Tide Gate Project - AB Based on the attached picture (IMG_2170) we would suggest stripping 6" off the top of levee if the soil looks like this picture. From Lowney's EB-17 log, the top 5 feet of the levee is fill classified as sandy lean clay with gravel. So some presence of gravel does not mean it is Aggregate Base. For comparison, IMG_2158 depicts Aggregate Base that is unacceptable to be left in place if found within the existing levee. If the entire 500 feet of levee length has 18" of AB the volume would be roughly 8000 cubic feet. Proposed 8" AB and a 14 foot wide top width generates roughly 5000 cubic feet. An average 12" AB depth would generate roughly 5500 cubic feet. Keep in mind these volumes do not account for expansion and compaction factors for the Aggregate Base. Please let me know if you have any questions or concerns. Leif Coponen Assistant Engineer Schaaf & Wheeler, Consulting Civil Engineers Ph. 408.246.4848 Fax 408.246.5624 Original Message From: mung@cityofsanmateo.org[mailto:mung@cityofsanmateo.org] Sent: Friday, July 07, 2006 10:29 AM To: Leif Coponen Cc: JWalker@cityofsanmateo.org Subject: RE: O'Neil Slough Tide Gate Project Leif: Anderson Pacific dug a hole out there by the edge of the levee top about 40 off the tide gate. It looks like the existing baserock at least 18" from where they exposed it. I understand exactly what you mentioned below. However, the City received a proposed change order (see attachment) to remove the 18" baserock and replace with approved engineering fill (currently being tested). The plan specifies the high of the the levee, the engineering fill, the, contour lines, and the limit of grading work. There should be no change on that. Would you please point out where in the specification does it take into consideration the reuse of the existing baserock. The City wants to be fair. But, I need your opinion on this one! (See attached file: PPO4.pdf) Mario . "Leif Coponen" cicoponen@swsv.co <mung®cityofsanmateo.org> m> Anderson" <canderson®swsv.com> Slough Tide Gate Project 07/05/2006 03:21 PM Mario, To: cc: "Chuck Subject: RE: O'Neil As part of the project specifications, 6" of AB were to be removed prior to placement of levee fill. The 6" of AB was presented in the boring log provided in TRC Lowney's Geotechnical Report for the project. We believe the remaining 12" of AB could be removed from the levee, stockpiled until the levee fill is placed, and reused as the required subgrade for the AC pavement. As shown on the plans, the 8" AB subgrade shall be 14 feet wide, which is greater than the existing levee top width. We anticipate the end volume of AB will be negligible, with possible import required. The reimbursement for reusing the existing AB instead of importing AB should cover any minimal export of unused AB at project completion. It is typically more expensive to import material than to export material. Regards, Leif Leif Coponen Assistant Engineer Schaaf & Wheeler, Consulting Civil Engineers Ph. 408.246.4848 Fax 408.246.5624 Original Message From: mung®cityofsanmateo.org[mailto:mung®cityofsanmateo.org] Sent: Wednesday, July 05, 2006 1:12 PM To: Leif Coponen Subject: Fw: O'Neil Slough Tide Gate Project Leif: John from Anderson Pacific conservatively estimated a layer of up to 18" of existing baserock at the bike path. Anderson Pacific is proposing to remove and dispose off site that layer of baserock and overlay with the engineering fill material. We are looking at $25K (or more). Is there any alternative solution? Thanks for the engineering! Mario Forwarded by Mario Ung/City of San Mateo on 07/05/2006 08:30 AM "John Santos" <jms®andpac.com> <mung®cityofsanmateo.org> 06/30/2006 11:47 Slough Tide Gate Project AM Hi Mario, To: cc: Subject: Re: O'Neil Do you know where the soil for the levee fill is being tested? I'm curious if they have an idea of when it will be done. We need to schedule the crew to come back to the jobsite to finish up. Also, I wanted to talk to you about removing the baserock. I think we will spend more time and money trying to reuse the baserock. I would like to just remove it from the site. Also, we will have to bring in that much more dirt for the levee. I will figure out the quantity and let you know what I come up with. Give me a call when you get a chance, (408) 605-0371. Thanks, John Santos Anderson Pacific IMG_2158.jpg IMG_2170.jpg Mario, "Leif Coponen" CIcoponen@swsV.Com> 07/07/2006 11:32 AM To: <mung@cityofsanmateo.org> cc: <JWalker@cityofsanmateo.org>, "Chuck Anderson" <canderson@swsv.com> Subject: RE: O'Neil Slough Tide Gate Project If AP is looking for compensation for additional Levee soil and removal of AB beyond 6 -inch depth, we suggest investigating multiple pothole locations along the entire length of the levee to be stripped. The depth of AB shown in the soil boring by Lowney indicates a depth of only 6 -inches. The actual depth of AB along the entire length of levee may be variable and the 18 -inches at one location may not be representative of the typical AB depth. Section 02200.2.02.A -B States structural fill can be either suitable on -site material or imported backfill. That section also states that structural fill is subject to approval by the Engineer. Section 02200.3.06 States subgrade shall be stripped of the top six inches of soil in areas to be paved. Section 02600.2.01 States aggregate base shall conform to requirements of Class 2 as defined in Section 26 of Standard Specifications. If the City is concerned with the suitability of the existing aggregate base at the site, we suggest AP strip the base rock and stock pile on site. At time of stock piling, either S&W or TRC Lowney could visit the site and inspect the material for suitability for the proposed use. If AP feels reusing the on -site AB would be more costly than exporting the existing soil and importing new AB material, then that is their prerogative, but we do not feel the City should pay for exporting suitable on -site material. Please let us know i f there is anything else we can provide. Regards, Leif Leif Coponen Assistant Engineer Schaaf & Wheeler, Consulting Civil Engineers Ph. 408.246.4848 Fax 408.246.5624 Original Message From: mung®cityofsanmateo.org[mailto:mung@cityofsanmateo.org] Sent: Friday, July 07, 2006 10:29 AM To: Leif Coponen Cc: Jwalker@cityofsanmateo.org Subject: RE: O'Neil Slough Tide Gate Project Leif: Anderson Pacific dug a hole out there by the edge of the levee top about 40 off the tide gate. It looks like the existing baserock at least 18" from where they exposed it. I understand exactly what you mentioned below. However, the City received a proposed change order (see attachment) to remove the 18" baserock and replace with approved engineering fill (currently being tested). The plan specifies the high of the the levee, the engineering fill, the contour lines, and the limit of grading work. There should be no change on that. Would you please point out where in the specification does it take into consideration the reuse of the existing baserock. The City wants to be fair. But, I need your opinion on this one! (See attached file: PPO4.pdf) Mario "Leif Coponen" <lcoponen@swsv.co <mung@cityofsanmateo.org> m> Anderson" <canderson@swsv.com> Slough Tide Gate Project 07/05/2006 03:21 PM , Mario, To: cc: "Chuck Subject: RE: O'Neil As part of the project specifications, 6" of AB were to be removed prior to placement of levee fill. The 6" of AB was presented in the boring log provided in TRC Lowney's Geotechnical Report for the project. We believe the remaining 12" of AB could be removed from the levee, stockpiled until the levee fill is placed, and reused as the required subgrade for the AC pavement. As shown on the plans, the 8" AB subgrade shall be 14 feet wide, which is greater than the existing levee top width. We anticipate the end volume of AB will be negligible, with possible import required. The reimbursement for reusing the existing AB instead of importing AB should cover any minimal export of unused AB at project completion. It is typically more expensive to import material than to export material. Regards, Leif Leif Coponen Assistant Engineer Schaaf & Wheeler, Consulting Civil Engineers Ph. 408.246.4848 Fax 408.246.5624 Original Message From: mung®cityofsanmateo.org[mailto:mung®cityofsanmateo.org) Sent: Wednesday, July 05, 2006 1:12 PM To: Leif Coponen Subject: Fw: O'Neil Slough Tide Gate Project Leif: John from Anderson Pacific conservatively estimated a layer of up to 18" of existing baserock at the bike path. Anderson Pacific is proposing to remove and dispose off site that layer of baserock and overlay with the engineering fill material. We are looking at $25K (or more). Is there any alternative solution? Thanks for the engineering! Mario Forwarded by Mario Ung/City of San Mateo on 07/05/2006 08:30 AM "John Santos" <jms®andpac.com> <mung®cityofsanmateo.org> 06/30/2006 11:47 Slough Tide Gate Project AM Hi Mario, To: cc: Subject: Re: O'Neil Do you know where the soil for the levee fill is being tested? I'm curious if they have an idea of when it will be done. We need to schedule the crew to come back to the jobsite to finish up. Also, I wanted to talk to you about removing the baserock. I think we will spend more time and money trying to reuse the baserock. I would like to just remove it from the site. Also, we will have to bring in that much more dirt for the levee. I will figure out the quantity and let you know what I come up with. Give me a call when you get a chance, (408) 605-0371. Thanks, John Santos Anderson Pacific ANDERS ON PACIFIC ENGINEERING C ONSTRUCTION, INC. 1390 N OR MAN AVENUE SANTA CLARA, CA 95054 PROJECT NAME: CHANGE ORDER REQUEST DATE OF REPORT: 7/5/2006 REPORT#: 4 O'Neill Slough Tide Gate Reconstruction Item Number: DESCRIPTION OF WORK: Removal of 18" of Levee Baserock and Additional Structural Backfill PAGE 1 OF 1 TIME EXTENSION: N/A PREV. ESTIMATE: N/A C ONTRACT Na: 466237 CONT . JOB NO.: 513 EQ UIPM ENT EQUIP # DESCRIPTION Hrs RATE EXTENDED AMOUNTS LABOR DESCRIPTION CLASS HOURS R ATE E XTENDED AMOUNTS RE G REG REG REG REG REG REG REG REG REG REG REG REG REG REG REG REG REG REG REG 311 324 320 341 Komatsu WA200 Loader Hitachi EX200LC Excavator Bomag BW142 Compactor JCB Skip Loa der 40 16 24 24 $ 38.08 $ 54.94 $ 28.48 $ 28 .74 $1,523.20 Operator Laborer Op. Eng. Lbr. Grp. 3 40 56 $49 .79 $35.89 $1,991 .45 $2,009 .78 $879.04 $683.52 $689 .76 MATERIAL QTY. DESCRIPTION UNIT COST EXTENDED AMOUNTS 450 cy Dirt $3.85 $1,732.50 WORK DONE BY SUBCONTRACTO RS OR SPECIALISTS QTY. DESCRIPTION UNIT COST EXTENDED AMOUNTS 1 Is Trucking $4,250.00 $4,250.00 SUBT OTAL: $4,001 .23 CONTRACTOR'S REPRESENTATIVE OWNER'S REPRESENTATIVE LABOR SURCHARGE:. 17% $680.21 Cost OF LABOR: MARK-UP ON LABOR: $4,681 .44 $1,544.88 33% TOTAL C OST OF LABOR: COST OF EQUIPMENT & MATERIALS: CO ST OF SUBCONTRACTORS OR SPECI ALISTS: M ARK UP ON EQUIPMENT & MATERIALS: MARK UP ON SUBCONTRACTORS & SPECIALISTS: BONDS & GENERAL LIABILITY INSURANCE: $6,226.32 $5,508.02 $4,250.00 15% $826.20 15% $637.50 0.00% incl TOTAL COST WITH MARKUP: $17,448 , RUG -29-2005 16:44 P.01/09 DEPARTMENT OF PUBLIC WORKS Larry A. Patterson, P. E., Director Date: August 29, 2005 ADDENDUM NO. 1 co.t-A n v1O- C -L1 330 West 20th Avenue San Mateo, California 94403-1388 Telephone (650) 522-7300 FAX: (650)522-7301 www.eityofanmateo.org O'_NEILL SLOUGH TIDE GATE RECONSTRUCTION AND LEVEE IMPROVEMENTS City Project No. 466237 Addendum No. 1 is issued to the above -referenced Contract Document. The bid opening date for the project is scheduled on September 7, 2005 at 2:00 p.m. The following changes have been made: BID DATE: No Change CONTRACT SPECIFICATIONS: 1. Page 7, Section 002000, Subsection 17, Subcontractors 17.1, change "Section 01110-8.0" to "Section 01010-8.0" 2. Page 66, Section 00820, Subsection 2.4, Hold Harmless and Indemnity The first sentence after City of San Mateo add "Estero Municipal Improvement District/City of Foster City" 3. Page 70, Section 01010, Subsection 8.0, Contractor's Work Percentage Change the first sentence of the first paragraph to read: "The Contractor shall perform at least 25 percent of the Contract bid amount." 4. Page 82, Section 01160, Subsection 3.0, Fees and Permits Item E, change "San Mateo Public Health Department" to "San Mateo Public Works Department" Add Item F to read: "Contractor shall obtain a no fee encroachment permit and a no fee transportation permit from the City of Foster City." 5. Page 124, Section 01500, Subsection 3.07, Special Status Species Avoidance. " , I RUG -29-2005 16:45 P.02/09 Add the following sentence to Item B: "The Contractor's superintendent and a superintendent from each Subcontractor shall attend the training," 6. Page 165, Section 02900, Planting a) Subsection 1.01, Summary, Item A, delete the following sub -items: 2. Procurement of container plant stock 7. Flag container planting locations for approval 8. Installation of wetland plants from container stock b) Subsection 1.06, Delivery, Storage and Handling of Materials Delete Item D and Item E c) Subsection 1.07, Inspection, revise Item A, Sub -item 1 to read: "The CONTRACTOR shall schedule an onsite inspection with the BIOLOGIST to observe levee slope hydroseeding. During the inspection BIOLOGIST will inspect and approve seed material and plant location flagging installed by CONTRACTOR prior to commencement of seeding. The CONTRACTOR, at no additional cost, shall correct any deficiencies as identified or directed by the BIOLOGIST." d) Delete Subsection 2.03, Container Planting Material. e) Delete Subsection 3,06, Tidal Salt Marsh Container Plant Installation t) Delete Subsection 3.07, Acceptance of Plant Installation of Tidal Salt Marsh and Adjacent Hydroseed Areas CONTRACT PLAN: 1. Sheet 5, Revegetation Plan a) Delete Detail 2 b) Delete Detail 3 PRE -BID MEETING MINUTES: See attached meeting minutes for the Pre -bid meeting held on August 25, 2005. Each bidder shall acknowledge receipt of this Addendum by signing one copy of the attached Acknowledgement Sheets and returning it immediately. The bidder shall submit the second copy with the bid documents. Q:1pw1PWENGW_CONTRS1200310'Ncil Slough Tide Gaze Reconstitution and Levee Improvements\ADDENDUM#1.DOC RUG -29-2005 16:45 P.03/09 ADDENDUM NO. 1 O'NEILL SLOUGH TIDE GATE RECONSTRUCTION AND LEVEE IMPROVEMENTS City Project No. 466237 ACKNOWLEDGEMENT I have received Addendum No. I to the Contract Document titled, "O'NEILL SLOUGH TIDE GATE RECONSTRUCTION AND LEVEE IMPROVEMENTS". I have read and understand the information stated in the addendum. Date Bidder's Signature Bidder's Name (Printed) Name of Company RETURN IMMEDIATELY TO: Public Works Department Attn: Susanna Chan, Senior Engineer 330 West 20th Avenue San Mateo, CA 94403 (650) 522-7301 (fax) Q:\pw1PW ENO1A_CONTRS2005\O'Neil Slough Tide Cate Reconslnnfinn and Levee Improvements1ADDENDUMHI,DOC AUG-29-2005 16:45 P.04/09 ADDENDUM NO. 1 O'NEILL SLOUGH TIDE GATE RECONSTRUCTION AND LEVEE IMPROVEMENTS City Project No. 466237 ACKNOWLEDGEMENT I have received Addendum No. 1 to the Contract Document titled, "O'NEILL SLOUGH TIDE GATE RECONSTRUCTION AND LEVEE IMPROVEMENTS". I have read and understand the information stated in the addendum. Date Bidder's Signature Bidder's Name (Printed) Name of Company RETURN WITH BID DOCUMENTS Q:\pw\PWENG\A CONTRS\20o51O'Neil Slough Tide Gate Rcconstnction and Lcvec Improvcmcnts\ADDENDUMUI.DOC RUG -29-2005 16:45 P.05/09 O'NEILL SLOUGH TIDE GATE RECONSTRUCTION AND LEVEE IMPROVEMENTS City Project No. 466237 Pre -bid Meeting Thursday August 25, 2005 Meeting Minutes 1. INTRODUCTIONS Meeting attendees were introduced. See attached Sign-up Sheet. 2. BIDDER INSTRUCTIONS A. Bid opening date is on September 7, 2005 at 2:00 pm. B. The last day for question is on August 31, 2005 or 5 days prior to any extended bid opening date. C. Geotechnical report is available for review at City Hall. Contact Susanna Chan at (650) 522-7308 to arrange for review. 3. PROJECT OVERVIEW A. Project Description This project is located at the south end of Mariner Lagoon near the borders of City of San Mateo, Foster City, and City of Belmont. The scope of work includes replacing the deteriorated O'Neill Slough Tide Gate within the original footprint and raising adjacent levee to meet FEMA flood control requirements. B. Stakeholders The City of San Mateo is the Owner of this project. Other stakeholders include BCDC, Army Corps of Engineers, Regional Water Quality Control Board, Caltrans, and City of Foster City. C. Time of Completion and Work Hours Time of completion is 180 calendar days and work hours is Monday to Friday 8:00 am to 5:00 pm. D. Construction Noise / RUG -29-2005 16:46 P.06/09 The City will designate a Noise Disturbance Coordinator and post contact phone number at job site. Contractor is responsible to provide notice of construction schedule to affected neighbors. E. Haul Route and Haul Hours Contractor shall coordinate haul route and haul hours with the City of Foster City. F. Construction Activities Sign Contractor shall follow the contract specification requirements. 4. SPECIAL PROJECT ISSUES A. Existing Utilities The contractor shall protect an existing four -conduit 3 -phase, 22,000 -volt underground electric line in place per contract plans and specifications. B. Marina Lagoon Marina Lagoon water level will be lowered to elevation 94.5 (San Mateo Datum) on November 1. The project is subject to high tide from San Francisco Bay at any time and fluctuating levels from Marina Lagoon due to winter runoff. Cofferdams must be built outside of the environmentally sensitive areas shown on the Plans. Dewatering can be discharged back into Marina Lagoon. C. Site Access The access to the site is through the City of Foster City. Contractor is required to obtain an encroachment permit from Foster City. Contractor shall coordinate with the Owner to provide reasonable access to the adjacent billboards and radio towers during construction. Vehicular access to adjacent billboards south of the project site shall not be disrupted for more than 30 days in accordance with the Specifications. The Contractor shall also maintain the adjacent Foster City bike path open during construction at all time except for repaving per contract specifications. D. Biological Monitoring Program The contractor is required to attend a preconstruction worker awareness training conducted by the City prior to construction. Q:\pw\P WENG\A_CONTRS\200S\O'Neil Slough Tide Gate Reconstruction and Levee Improvcmenta\Prcbid Meeting Minute.DOC AUG-29-2005 16:46 P.07/09 For construction into March, the Contractor shall notify the City at least 3 weeks prior so that it may conduct survey for nesting birds. Construction buffer may be required. E. Planting See Addendum 1. 5. BIDDER'S QUESTIONS DURING THE BIDE PERIOD/ ADDENDA The City has not received any questions nor issued any addendum prior to August 25, 2005. 6. QUESTION SESSION Q: Will the contractor be responsible for lowering the Marina Lagoon water level? A: No. The City is responsible for the Marina Lagoon water level. Q: Does the Foster City Encroachment Permit require fee? A: See Addendum 1. Q: Who should attend the preconstruction worker awareness training? A: See Addendum 1. Q:\pw\PWENG\A_CONTRS\2005\O'Neil Slough Tide Gate Reconstruction and Levee lmprovemcntahPrcbid Meeting Minutes.bOC / RUG -29-2005 16:46 P.08/09 CITY OF SAN MATEO O'NEILL SLOUGH TIDE GATE RECONSTRUCTION AND LEVEE IMPROVEMENTS PROJECT PROJECT NO. 466237 PRE -BID MEETING Thursday August 25, 2005 10:00 AM Please stgw ILA, Name Firm Phone Fax Clr\4rl:e ,yr.es ,A • Si•te.\1Pkv0a C614tQclmrs (53a) $r ARE,-bVoo 6;19c>) gab-[d/DI Tctt {Rant 12,Cielzr A . (. .)SIB 351 ( 55-to-5"e6c t' }I VI w orris LA- --j. `�• ka-kr - L$lai(032- 7G7(1(;tb) 5&2 —t2O I►'kcivit.l aim s nos‘ Pact' itc 90g 87099° Yog 97o9175 - atse �� yAtE.vi7ivF at ve4 44 -,v �.Q.a, f/C frol -IPIz WS Isy seta edes okfl el&Ave 630 4W'.44C39752 Os-44-7-erred Q:sPW\P WENGChan-S\FEMA\O'Neil Slough Tide Gam \Pre Bid Meeting Sign hi Ouch 8-25-05.doc I RUG -29-2005 16:46 P.09/09 CITY OF SAN MATEO O'NEILL SLOUGH TIDE GATE RECONSTRUCTION AND LEVEE IMPROVEMENTS PROJECT PROJECT NO. 466237 PRE -BID. MEETING Thursday August 25, 2005 10:00 AM Please stgw lv, Name Firm Phone Fax Dar, hA I.P/214---et- sic -33738DO 7-39, ge M;edhbel, Craw i C)$i to `m 0625tZ 505 fl20 6650) 52.2.--7%01 CNitts E'VETTe atl3 7 /n 807 '/"Qtral $ _/46Z Cusoo,w, C%ay c; el cu.. tilatca (6a) In -7308 gip S-n_-73di Q:\pwWWENGCl uo-SFEMMO Ndl Slough Tide GatePre Bid. Mating Sign Ia Oaeil 8 25-05_doc TOTAL P.09 I SECTION 00400 BID DATE: The undersigned, as bidder, declares that it has received and examined the Contract Documents titled O'Neill Slough Tide Gate Reconstruction and Levee Improvements and will contract with the City of San Mateo, on the form of Agreement provided herewith, to do everything required for the construction of the above named Project at the price(s) and in accordance with the terms and conditions contained herein. Bidder agrees that the following Contract Document Sections shall form a part of this bid: SECTION TITLE 00400 Bid 00410 Bid Schedule 00420 Bid Guaranty Bond 00430 Proposed Subcontractors 00440 Bidder's Statement 00450 Certification of Payment of Prevailing Wages 00460 Certification of Requirement to Pay Workers' Compensation 00470 Certificate of Non -Discrimination 00480 Non -Collusion Affidavit We acknowledge that the following addenda numbers have been received and have been examined as part of the Contract Documents. Addenda # Date Received Initials Attached is a bid guaranty bond as required by Paragraph 00200-15.0, BID GUARANTY. Name of Bidder BID 00400 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 11 If our bid is accepted, we agree to sign the Agreement and to furnish the performance and payment bonds and the required evidences of insurance within 10 calendar days after receiving written Notice of Award of the Contract. We further agree, if our bid is accepted and a Contract for performance of the work is entered into with the Owner, to plan the work and to prosecute it with such diligence that the work shall be completed within the time stipulated. Name of Bidder Contractor's License No. License Expiration Date Signature of Bidder Title of Signator Witness Address of Bidder Title of Witness State of Incorporation BID 00400 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 12 I", SECTION 00410 BID SCHEDULE PROPOSAL FOR THE CONSTRUCTION OF O'NEILL SLOUGH TIDE GATE RECONSTRUCTION AND LEVEE IMPROVEMENTS Owner City of San Mateo, California Pursuant to Section 00100 NOTICE INVITING SEALED BIDS the undersigned hereby agrees that on award by the City of San Mateo under this Bid, and in accordance with the provisions therein stated, to execute a Contract, with necessary bonds, and insurances, to furnish all labor, materials; power, transportation, and services for the construction of the City of San Mateo project, in accordance with the Plans and Specifications therefore adopted and on file with the City of San Mateo within the time hereinafter set forth and at the prices named in this Bid as follows: ITEM NO. DESCRIPTION OF WORK EST. QTY. UNIT UNIT • - - PRICE TOTAL COST 1 Mobilization / Demobilization 1 L.S. $ $ 2 Sheeting, Shoring & Bracing 1 L.S. $ $ 3 Pedestrian / Traffic Control 1 L.S. $ $ 4 Bonds and Insurance 1 L.S. $ $ 5 Demolition 1 L.S. $ $ 6 Erosion Control and SWPP Measures 1 L.S. $ $ 7 . Clearing and Grubbing 1 L.S. $ $ 8 Cofferdams and Dewatering 1 L.S. $ • $ 9 Furnish Class 70C Piling 870 LF $ $ 10 Drive Class 70C Piles 18 EA $ $ 11 Reinforced Concrete 360 C.Y. $ $ 12 Slide Gate and Mounting Hardware 4 EA $ $ 13 Metal Fabrications and Hardware 1 L.S. $ $ 14 Fiberglass Grating, Railings and Ladders 1 L.S. $ $ 15 Concrete Masonry Walls 1650 S.F. $ $ 16 Engineered Fill 1750 C.Y. $ $ 17 Asphalt Paving 8150 S.F. $ $ 18 Soil Preparation and Planting 1 L.S. $ $ 19 Final Grading and.Site Restoration 1 L.S. $ $ 20 Caltrans Encroachment Permit Fee 1 L.S. $ 2,870 $ 2,870 TOTAL BID SCHEDULE $ BID SCHEDULE O'Neill Slough Tide Gate Reconstruction (Project No. 466237) 00410 Page 13 `4 SECTION 00420 BID GUARANTY BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WE, AS PRINCIPAL, AND AS SURETY, are held and firmly bound unto the City of San Mateo in the penal sum of 10 PERCENT OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of San Mateo for the work described below, for the payment of which sum in lawful money of the United States, well, and truly to be made to the City of San Mateo to which said bid was submitted, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents, in no case shall the liability of the surety hereunder exceed the sum of $ THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the Principal has submitted the above -mentioned bid to the City of San Mateo, aforesaid, for certain construction specifically described as follows, for which bids are to be opened at City Hall, City of San Mateo. - - FOR: O'NEILL SLOUGH TIDE GATE RECONSTRUCTION AND LEVEE IMPROVEMENTS NOW, THEREFORE, if the aforesaid Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him/her for signature enters into a written contract in the prescribed form, in accordance with the bid, and files two bonds with the City of San Mateo, one to guarantee faithful performance, and the other to guarantee payment for labor and materials as required by law, and provide certificate of insurance coverage required by the Contract Documents, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue. 2005. IN WITNESS WHEREOF, we have hereunto set our hands on this day of Name of Contractor Name of Surety Title of Signator Title of Signator Signature of Principal Signature of Surety Address: Address: Note: Signatures of those executing for the surety must be properly acknowledged. BID GUARANTEE BOND O'Neill Slough Tide Gate Reconstruction (Project No. 466237) 00420 Page 14 4 SECTION 00430 PROPOSED SUBCONTRACTORS The following list gives the name, business address, and portion of work (description of work to be done) for each subcontractor that will be responsible for more than one-half of one percent of contractor's total bid or $10,000, whichever is greater. (Additional supporting data may beattached to this page. Each page shall be sequentially numbered, and headed "Proposed Subcontractors" and shall be signed by the Bidder.) Name Business Address Description of Work Cost ($) of Work Name of Contractor Name of Bidder PROPOSED SUBCON TRACTORS 00430 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 15 , SECTION 00440 BIDDER'S STATEMENT The undersigned further certifies that he is licensed by the state of California as a Contractor, that the license is now in force and that the number and class is Class (A), and the expiration date is . Further the undersigned certifies that upon request he will provide evidence of said license. Pursuant to Business and Professions Code Section 7028.15 I, , declare under penalty of perjury that the foregoing and the statements contained in the bid for the above titled project are true and correct and that this declaration is made on this day of , 2005 at California. If awarded the contract, the undersigned hereby agrees to sign and file an agreement, Section 00520, together with the necessary bonds, certificate(s) of insurance, related endorsements for general automobile liability insurance, and proof of a San Mateo Business License in the office of the City Clerk within ten (10) calendar days after the date of the award and to commence work within five (5) days of the date specified"in the notice -to -proceed; and to complete the wodc within flit Contract Time lieginning from the date specified in the Notice to Proceed. The City intends to. issue the Notice to Proceed 10 days after the award of contract. Further, the undersigned agrees to insure that all subcontractors obtain a San Mateo Business License in accordance with Section 01160 Regulatory. Requirements, paragraph. 1.0, SAN MATEO BUSINESS LICENSE GUIDELINES. Contractor and all subcontractors also agree to keep the Business License current for the entire term of the contract. BIDDER'S STATEMENT 00440 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 16 1 SECTION 00450 CERTIFICATE OF PAYMENT OF PREVAILING WAGE SCALE On behalf of the bidder, I the undersigned certify that the Prevailing Wage Scale, as determined by the Director of Industrial Relations of the State of California in force on the day this bid was announced, will be the minimum paid to all craftsman and laborers working on this project. In some cases, prevailing wage determinations have either a single asterisk (*) or double asterisks (**) after the expiration date. In cases where the prevailing wage determinations have a single asterisk (*) after the expiration date which are in effect on the date of advertisement for bids, such determinations remain in effect for the life of the project. Prevailing wage determinations which have double asterisks (**) after the expiration date indicate that the basic hourly wage rate, overtime, and holiday pay rates, and employer payments to be paid for work performed after this date have been determined. If work is extended past this date, the new rate must be paid and should be incorporated in contracts the Contractor enters into. A copy of the correct determination will be posted at the job site. It is understood that it is the responsibility of the bidder to determine the correct scale. The City will keep a copy of the wage scale in the City Clerk's office for the convenience of bidders. Any errors or defects in the materials in the City Clerk's office will not excuse a bidder's failure to comply with the actual scale then in force. The undersigned understands that weekly certified payrolls must be submitted for verification. • BIDDER By: Name and Title of Person Making Certification Date Questions regarding State Prevailing Wages shall be addressed to: Department of Labor Relations Division of Labor Statistics and Research Prevailing Wage Unit 45 Fremont Street, Suite 1160 P.O. Box 420603 San Francisco, CA 94142-0603 CERTIFICATE OF PAYMENT OF PREVAILING WAGE SCALE 00450 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 17 t SECTION 00460 CERTIFICATE OF.REQUIREMENT TO PAY WORKERS' COMPENSATION I am aware of the provisions of. Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. BIDDER By: Name and Title of Person Making Certification Date CERTIFICATE OF REQUIREMENT TO PAY WORKERS' COMPENSATION 00460 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 18 ; SECTION 00470 CERTIFICATION OF NON-DISCRIMINATION On behalf of the bidder making this proposal, the undersigned certifies that there will be no discrimination in employment with regard to race, color; religion, sex, disability, or national origin;. that all federal, state, local directives, and executive orders regarding non-discrimination in employment will be complied with; and that the principle of equal opportunity in employment will be demonstrated positively and aggressively. BIDDER By: - Name and Title of Person Making Certification Date CERTIFICATE OF NON-DISCRIMINATION 00470 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 19 t SECTION 00480 NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ) ss. County of , being first duly sworn, deposes and say that he or she is (Name of Bidder) of Name of Contractor the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, business entity, business combination, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly sought by agreement communication, -or conference -with -anyone to -fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Contractor Signature Name of Bidder Subscribed and sworn before me this • day of 20 Title Signature of Notary Public in and forDate the County of State of California. NON -COLLUSION AFFIDAVIT 00480 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 20 l SPECIAL PROVISIONS FOR O'NEILL SLOUGH TIDE GATE RECONSTRUCTION AND LEVEE IMPROVEMENTS CITY OF SAN MATEO, CALIFORNIA August 2005 Schaaf &' Wheeler CONSULTING CIVIL ENGINEERS 100 N. Winchester Boulevard, Suite 200 Santa Clara, California 95050 (408) 246-4848 FAX (408) 246-5624 M a a a aaia aaN a■a a a■a S s a a s a S aMII r I 1 I I I 1 I O'NEILL SLOUGH TIDE GATE RECONSTRUCTION AND LEVEE IMPROVEMENTS SAN MATEO, CALIFORNIA DESIGNERS' ATTEST These Special Provisions (except Section 02900) have been prepared under the supervision of the undersigned, who hereby certifies that he is a Registered Civil Engineer in the State of California: al -r7. ,L 8/06/06 CHARLES D. ANDERSON, RCE No. 43776 (Date) Schaaf & Wheeler Consulting Civil Engineers 100 N. Winchester Boulevard, Suite 200 Santa Clara, California 95050 Section 02900 has been prepared under the supervision of the undersigned, who certifies that he is a Registered Landscape Architect in the State of California. elsiee JO HOWARD, RLA No. 4598 (Date) H.T. Harvey & Associates Ecological Consultants 3150 Almaden Expressway, Suite 145 San Jose, California 95118 I 1 I I I I I 1 I 1 N I I I 1 1 I t I I I1 I r I O'NEILL SLOUGH TIDE GATE RECONSTRUCTION AND LEVEE IMPROVEMENTS SPECIAL PROVISIONS TABLE OF CONTENTS Section 00000 BID REQUIREMENTS 00100 Notice Inviting Sealed Bids 1 00200 Instructions to Bidders 3 00220 Geotechnical Data 10 00400 Bid - 11 00410 Bid Schedule 13 00420 Bid Guaranty Bond 14 00430 Proposed Subcontractors 15 00440 Bidder's Statement 16 00450 Certificate of Payment of Prevailing Wage Scale 17 00460 Certificate of Requirement to Pay Workers' Compensation 18 00470 Certification of Non -Discrimination 19 00480 Non -collusion Affidavit to be Executed by Bidder and Submitted with Bid 20 00520 Agreement 21 00610 Faithful Performance Bond 24 00620 Payment Bond 26 00700 General Conditions 28 00810 Modifications to General Conditions 64 00820 Liability and Insurance Requirements 65 Section 01000 GENERAL REQUIREMENTS 01010 Summary of Work 68 01025 Measurement and Payment 75 01150 Field Engineering 81 01160 Regulatory Requirements 82 01200 Project Meetings 83 01250 Modification Procedures 84 01313 Project Schedule 89 01318 . Requests for Information 95 01330 Submittals 97 01340 Shop Drawings, Product Data, and Samples 101 01420 References 106 01430 Quality Control 113 01500 Construction Facilities and Temporary Controls 117 01600 Material and Equipment 128 01732 Cutting and Patching 130 01770 Contract Closeout 133 Section 02000 SITEWORK 02100 Clearing and Demolition 136 02140 Dewatering 139 02170 Cofferdams 143 02200 Earthwork 146 02350 Driven Piles 156 02600 Asphaltic Concrete Paving 161 02830 Chain Link Fencing 163 02900 Planting 165 Section 03000 CONCRETE 03100 Concrete Form Work 174 03200 Reinforcing Steel 177 03300 Cast -in -Place Concrete 182 Section 04000 MASONRY 04200 Concrete Unit Masonry 190 Section 05000 METALS 05100 Structural Steel 194 05500 Metal Fabrications 199 Section 06000 PLASTICS 06600 Fiberglass Reinforced Plastics 205 I I I 1 I I I I NOTICE INVITING SEALED PROPOSALS O'NEILL SLOUGH TIDE GATE RECONSTRUCTION AND LEVEE IMPROVEMENTS CITY PROJECT NO.466237 CITY OF SAN MATEO, CALIFORNIA • 1. Sealed bids will be received by the City Council of the City of San Mateo, California for O'Neill Slough Tide Gate Reconstruction and Levee Improvements shown on the Contract Drawings No. 2-18-28.' The work described requires• that the bidder be licensed by the State of California as a Class A Contractor. 2. The Contract Book, plans, and proposal forms are available at the Public Works Department, City Hall, 330 West 20th 'Avenue, San Mateo, California. Anon -refundable fee of $40 per set is required: if picked up or $45 for each set if mailed. Any questions regarding the Contract Documents should be directed to Susanna Chan, PE, Senior Engineer, at 650/522-7308 or in writing at the above address. 3. The estimated construction cost of this project is $1,000,000. This estimate is not based on a "contractor's cost take off' of the project, but is derived from an averaging of costs for work on similar projectsin the area of which the City is aware. This figure is given to indicate the relative order of magnitude of this project and is not intended to influence or affect in any way the amount bid for this project. 4. A non-mandatoryPre-Bid Conference and walk-through is scheduled for 10:00 a.m. August 25, 2005 at City Hall and proceeding to the project site. All interested bidders are encouraged to attend. At that time questions will be solicited. All discussion will be for information purposes only unless incorporated by addendum or addenda. 5. All bids shall be accompanied by a bid bond, cashier's check, or certified check made payable to the City of San Mateo in an amount not less than ten percent (10%) of the aggregate bid amount. 6. Addenda issued during the time of bidding shall become a part of the documents furnished bidders for the preparation of bids, 'shall be covered in the bids, and shall be made a part of the Contract. Each bid shall include special acknowledgement in the space provided' of receipt ofall Addenda issued during the bidding period. Failure to so acknowledge may result in the bid being rejected as not responsive. Failure of any bidder to receive such Addenda shall not be grounds for non-compliance with the terms of the instructions. It is • the responsibility of the contractor to contact the City to determine the existence of any and all addenda. 7. The Contract time for this contract shall be 180 calendar days, beginning from the date specified in the Notice to Proceed. At the time of Award, the Owner may adjust the Contract time to reflect the Scope of Work included in the Contract, and other factors. 8. The City of San Mats intends that the work under this Contract will begin on October 3, 2005 except for minor portions described in the Bidding Documents. Bids shall remain in force and may be accepted for contract award up to 90 days after the day that bids are opened. 9. The right is reserved, as the interest of the City may require, to reject any or all bids, to waive any informality in bids, and to accept, modify, or reject any items of the bid, or in the case of a single bid being received to extend the acceptance date by up to thirty (30) days with notice. The City of San Mateo is a charter city, and any contract entered into is subject to the provisions of the City of San NOTICE INVITING SEALED BIDS 00100 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 1 Mateo Charter, which may supersede certain provisions of the Public Contract Code and other provisions of the state law. 10. In general, the prevailing wage scale, as determined by the Director of Industrial Relations of the State of California, in force on the day this bid was announced, will be the minimum paid to all craftsmen and laborers working in this project. In some cases, prevailing wage determinations have either a single asterisk (*) or double asterisks (**) after the expiration date in effect on the date of advertisement for bids. In cases where the prevailing wage determinations have a single asterisk (*) after the expiration date which are in effect on the date of advertisement for bids, such determinations remain in effect for the life of the project. Prevailing wage, determinations which have double asterisks (**) after the expiration date indicate that the basic hourly wage rate, overtime, and holiday pay rates, and employer payments to be paid for work performed after this date have been predetermined. If work is extended past this date, the new rate must ,be paid and should be incorporated in the contracts the Contractor enters into. Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of California Department of Industrial Relations. The wages as set forth in the General Prevailing Wage Rates for this project will be posted at the job site. It is understood that it is the responsibility of the bidder to determine the correct scale. The City will keep a copy of the wage scale in the City Clerk's office for the convenience of the bidders. The State Prevailing Wage Rates may also be obtained from the California Department of Industrial Relations Internet web. site at http://www.dir.ca.gov. Any errors or defects in the materials in the City. Clerk's office will not excuse a bidder's failure to comply with the actual scale then in force. 11. Said sealed proposals shall be delivered to the City Clerk, City Hall, 330 West 20th Avenue, San Mateo, California 94403, at or before 2:00 p.m. September 7, 2005 and ,they shall be opened and read by a City Representative at said date and time at a public meeting called by him/her. 12. Bidding contractors as part of the bid package shall submit- a detailed statement of costs for each major item of work along with a listing of the name, address, and telephone number of each proposed subcontractor and materials supplier which exceed one half of one percent (1/2%) of bid amount, or $10,000, whichever is less. 13. Said' City Representative shall report the results of the bidding to the City Council at a later date, at which time the City Council may award the contract to the lowest responsive bidder as so reported; or as the City's interest may dictate. The City Council may exercise its right to modify the award or to reject any or all bids. Any protests to the award of contract shall follow the procedures outlined in City Council Resolution No. 61, dated June 2, 2004. 14. To ensure performance, City reserves the right to retain ten percent (10%) of the contract price for 35 days after the Notice of Completion is recorded. However, pursuant to the Public Contracts Code Section 22300, the Contractor may substitute securities for said ten percent (10%) retention or request that the City make payments of retentions earned directly to an escrow agent at the Contractor's expense. The provisions of the Public Contracts Code Section 22300 are hereby expressly made a part of the contract. Dated: August 10, 2005 /S/ Jan Epstein, MAYOR 1 i r 1 1 1 1 1 1 1 1 1 1 1 1 NOTICE INVITING SEALED BIDS 00100 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 2 1 I I 1 I 1 I 1 I SECTION 00200 INSTRUCTIONS TO BIDDERS 1.0 WORK TO BE DONE It is the intention of the Owner to construct improvements as shown and set forth in the Contract Documents titled O'NEILL SLOUGH TIDE GATE RECONSTRUCTION AND LEVEE IMPROVEMENTS dated August 10, 2005. All of the work is particularly set forth in the permits, plans and specifications, and all of said work, together with all other work incidental thereto is included. The work includes the furnishing of all labor, materials, power, incidentals. and equipment necessary for the project. 2.0 EXAMINATION OF CONTRACT DOCUMENTS Each bidder shall thoroughly examine and be familiar with those Contract Documents, drawings, and addenda (if any). The submission of a bid shall constitute an acknowledgment upon which the Owner may rely that the bidder has thoroughly examined and is familiar with the Contract Documents. The failure or neglect of a bidder to receive or examine any of the Contract Documents shall in no way relieve it from any obligation with respect to its bid or to the Contract. No claim for additional compensation will be allowed which is based upon a lack of knowledge of any Contract Documents or failure to receive and/or review any Contract Documents. 3.0 INSPECTION OF SITE Bidders are required to inspect the site of the work to satisfy themselves, by personal examination or by such other means as they may prefer, of the location of the proposed work. This site inspection shall be for review of the actual conditions, including subsurface, of and at the site of work. If during the course of its site inspection, a bidder finds conditions that appear to be in conflict with the letter or intent of the Contract Documents, the Bidder shall apply to the Owner, in writing, for additional information and explanationbefore submitting its bid. Submission of a bid by the bidder shall constitute conclusive evidence that, if awarded the Contract, it has relied and is relying on its own examination of (1) the site -of the work; (2) access to the site; (3) all other data and matters requisite to the fulfillment of the work and on its own knowledge of existing facilities on and in the vicinity of the site of the work to be constructed under the Contract; (4) the conditions to be encountered; (5) the character, quality and scope of the proposed work; (6) the quality and quantity of the materials to be furnished; and (7) the requirements of the Contract, the plans, the specifications, and other related Contract Documents. The information provided by the Owner is not intended to be a substitute for, or a supplement to the independent verification by the bidder to the extent such independent investigation of site conditions is deemed necessary or desirable by the bidder. 4.0 INTERPRETATION OF CONTRACT DOCUMENTS No oral representations, explanations or interpretations will be made to any bidder as to the meaning of the Contract Documents. Requests for an interpretation shall be made in writing and delivered at least five (5) days before the time announced for opening the bids to Susanna Chan, Project Manager at the City of San Mateo Public Works Department. INSTRUCTIONS TO BIDDERS 00200 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 3 Requests to clarify the source of materials, equipment, suppliers or any other such matter which does not modify, change, increase, or decrease the scope of work requires no action by the Owner other than a response 'to the bidder requesting the clarification. Requests to clarify possible ambiguous or incomplete statements or designs, or any other such clarification which modifies, changes, increases or decreases the scope of work, require the issuance of addendaby the Owner for interpretations to become effective. 5.0 POSTPONEMENT OF OPENING The Owner reserves the right to postpone the date and time for receiving and/or opening of bids at any time prior to the date and time established in the Notice of Invitation to Bid. Postponement notices may be faxed and will subsequently be mailed to plan holders of record in the form of addenda. 6.0 OPENING OF BIDS All bids, irrespective of any irregularities or informalities, if received on time, will be opened and publicly read aloud at the time and place set forth in the Invitation to Bid. Bidders, their representatives and other interested persons may be present at the bid opening. My bids received after the time for receiving and opening bids as set forth in the Invitation to Bid or as postponed by addenda will not be opened. Any such bids will be returned, unopened, to the Bidder. The public reading of each bid will include at least the following: A. Name and address of bidder. B. The total amount of bid. C. Acknowledgement of Addenda 7.0 PREPARATION OF BID FORMS Bids shall be made on the blank bid forms contained in Section 00400 through 00490 of the Special Provisions and must be submitted at the time and place stated in the Notice Inviting Sealed Bids. All blanks in the bid forms must be appropriately filled in, in ink or typed, and all prices must be stated in figures. All bids must be submitted in sealed envelopes bearing on the outside the name of the bidder, its address, and the name of the project for which the bid is submitted. It is the sole responsibility of the bidder to see that its bid is received before the time stipulated in the Notice of Inviting Sealed Bids. Owner shall not be responsible for errors or omissions in the bid. Bidders shall write their names on each bid form at the space provided. Bids for the work shall be made in the forms contained in the following sections and shall include the following documents: SECTION TITLE 00400 BID 00410 BID SCHEDULE 00420 BID GUARANTY BOND I I I i I I r I I I i i I I I I I I INSTRUCTIONS TO BIDDERS 00200 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 4 1 1 1 r I 1 I 1 I 0 1 r 00430 PROPOSED SUBCONTRACTORS 00440 BIDDER'S STATEMENT 00450 CERTIFICATION AND PAYMENT OF PREVAILING WAGES 00460 CERTIFICATION OF REQUIREMENT TO PAY WORKERS' COMPENSATION 00470 CERTIFICATION OF NON-DISCRIMINATION . 00480 NON -COLLUSION AFFIDAVIT 8.0 BIDDER'S SIGNATURE AND AUTHORITY If the bid is made by an individual; bidder's name, signature, and post office address must be shown. If the bid is made by a firm or partnership; the name and post office address of the firm or partnership, a list of the partners, and the signature of at least one of the general partners must be shown. If the bid is made by a corporation; the bid shall show the name of the state under the laws of which the corporation is chartered, the name and post office address of the corporation, and the title of the person who signs on behalf of the corporation. If the bid is made by a corporation; a certified copy of the bylaws or resolution of the Board of Directors of the corporation shall be furnished, showing the authority of the officer signing the bid, to execute Contract on behalf of the corporation. If the bid is made by a joint venture, the bid shall be signed by a representative of the sponsoring partner of the joint venture. Additionally, the bid shall include a copy of the resolution or agreement empowering the representative to execute the bid and bind the joint venture. 9.0 ERASURES AND CORRECTIONS The bid submitted must not contain any erasure, interlinear additions, or other corrections unless each such correction is authenticated. Authentication may be made by affixing in the margin, immediately opposite the correction, the signature of the person submitting the bid. 10.0 BID IRREGULARITIES Changes in or additions to the bid form, recapitulations of the work bid upon, alternative bids, or any other modifications of the bid form which are not specifically called for in Section 00400 will result in rejection of the bid by the Owner. The Owner will treat all such bids as not being responsive to the Notice Inviting Sealed Bids. The Owner will consider no oral, fax or electronic or telephonic modification of any bid submitted. 11.0 MODIFICATION OF BID Upon written request, a bid already received may be modified or withdrawn at any time before the time established for receiving bids. The request must be executed by the bidder or its authorized representative as described in Paragraph 00200-8.0 BIDDER'S SIGNATURE AND AUTHORITY. Modifications shall be made in writing, executed, and submitted in the same form and manner as the original bid. Withdrawal of a bid does not prejudice a bidder's right to submit a new bid within the time designated for the submission of bids. No bid may be withdrawn after the time established for receiving bids except as provided in Paragraph 12.0. INSTRUCTIONS TO BIDDERS 00200 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 5 12.0 WITHDRAWAL OF BIDS A bidder may withdraw its bid with the consent of the Owner. A bidder wishing to withdraw its bid, after the time of opening the bids, shall give written notice to the Owner within five days of the opening. The bidder shall provide documentation detailing basis for bid withdrawal. Bids cannot be changed because of mistake. 13.0 ADDENDA Addenda issued during the time of bidding shall become a part of the documents furnished bidders for the preparation of bids, shall be covered in the bids, and shall be made a part of the Contract. Each bid shall include specific acknowledgment in the space provided of receipt of all Addenda issued during the bidding period. Failure to so acknowledge may result in the bid being rejected as not responsive. Failure of any bidder to receive such Addenda shall not be grounds for non-compliance with the terms of the instructions. 14.0 BID PRICES Bid prices shall include everything necessary for the completion of the work stipulated in the Contract Documents, including but not limited to providing the materials, equipment, tools, power, plant and other facilities, and the management, superintendence, labor and services. Bid prices shall include all federal, state and local taxes. In the event that the product of a unit price and an estimated quantity does not equal the extended amount quoted, the unit price shall govern. The corrected product of the unit price and the estimated quantity shall be the amount bid. If the sum of two or more items in a bidding schedule does not equal the total amount quoted, the individual item amounts shall govern and the correct total shall be deemed to be the amount bid. 15.0 BID GUARANTY The bid form shall be accompanied by a bid guaranty bond provided by a surety company authorized to carry on business in the State .of California with a minimum "A:VII" rating with Best's Rating Guide for payment to the Owner in the sum of at least ten (10) percent of the total amount of the bid price, or, alternatively, by a certified or cashier's check, payable to the Owner in the sum of at least ten (10) percent of the total amount of the bid price. The bid guaranty bond shall be provided on the form included in Section 00420, BID GUARANTY BOND, of this Project Document. The amount payable to the Owner under the bid guaranty bond, or the certified or cashier's check and the amount thereof, as the case may be, shall be forfeited to the Owner as liquidated damages in case of a failure or neglect of the bidder to furnish, execute, and deliver to the Owner the required performance and payment bonds, evidences of insurance; and to enter into, execute, and deliver to the Owner the Agreement on the form provided herewith, within ten (.10) calendar days after receiving written notice from the Owner that the award has been made and the Agreement is ready for execution. The bid guarantees of the three lowest bidders will be retained until the Agreement is signed, evidence of insurance provided, and satisfactory bonds furnished or other disposition made thereof. The bid guarantees of all bidders except the three lowest, responsive bids will be returned within 10 calendar days after the bids are opened. 16.0 BLANK INSTRUCTIONS TO BIDDERS 00200 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 6 '. 1 I I I 1 1 1 1 17.0 SUBCONTRACTORS Each general bid shall have listed in Section 00430, PROPOSED SUBCONTRACTORS the name, location of the place of business and the portion of work to be performed by each subcontractor who will perform work or labor or render service to the bidder in or about the construction of the work or improvement, or of any- subcontractor licensed by the State of California who, under subcontract to the bidder, will specially fabricate and install a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent of the bidder's total bid or $10,000, whichever is greater. Failure to list subcontractors may render the bid non -responsive and may be grounds for rejection of the bid. 17.1 The Contractor shall perform at a minimum the percentage of work specified in Section 01110- 8.0, CONTRACTOR'S WORK PERCENTAGE with its own forces and shall not subcontract out this portion of work. 18.0 BLANK 19.0 SUBSTITUTIONS DURING BIDDING Contractors, manufacturers or suppliers of materials and equipment may offer an alternative product and request the alternatives to specified products be considered equal. Inclusion of such alternatives in the bid is the sole responsibility of the Contractor. Inclusion of the proposed alternative should only be considered if it is the Contractor's sole belief the offered alternative is equal in quality and performance to the specified product. After award of the Contract, such offers of alternative products will be reviewed and processed as a substitution as provided under Section 01600 MATERIAL AND EQUIPMENT. If the material, process or article offered by the contractor is not, in the Owner's sole opinion, substantially equal or better in respect to that specified, then the contractor shall furnish that material, process or article specified or one that in the Owner's opinion is substantially equal or better in every respect. 20.0 BIDDERS INTERESTED IN MORE THAN ONE BID No person, firm, or corporation, under the same or different name, shall make, file, or be interested in more thanone bid for the same work unless alternate bids are called for. A person, fum, or corporation may, however, submit sub proposals or quote prices on materials to more than one bidder. Bidders shall execute and furnish with their bids Section 00480, NON -COLLUSION AFFIDAVIT. Reasonable grounds to believe that any, individual, partnership, corporation, or combination is interested in more that one bid for the proposed work may cause rejection of all bids in which that individual, partnership, corporation, or combination is interested. 21.0 SHEETING, SHORING AND BRACING Pursuant to the provisions of California Labor Code Section 6707, each bid submitted shall contain, in the bid item indicated, the amount included in its bid for adequate sheeting, shoring, and bracing, or equivalent method, for the protection of life and limb in trenches and open excavation, which shall conform to applicable safety orders. By listing this sum, the bidder warrants that its action does not convey tort liability to the Owner, the Design Consultant, and their employees, agents, and subconsultants. INSTRUCTIONS TO BIDDERS 00200 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 7 22.0 WAGE RATES Pursuant to provisions of the Labor Code Section 1770, et. seq., of the State of California, the Director of the Department of Industrial Relations has ascertained the prevailing rate of per diem wages of the locality in which the Work is to be performed and applicable to the work to be done. Copies of these wage determinations are on file with the Owner. Bidders shall promptly notify the Owner, in writing, about all the classifications of labor not ' listed in the prevailing wage determinations but necessary for the performance of the Work, before bids are submitted. 23.0 OFFER OF ASSIGNMENT OF ANTITRUST ACTIONS As provided by Section 4552, et. seq., of the California Government Code, in submitting a bid to the Owner, the bidder offers and agrees that if the bid is accepted, it will assign to the Owner 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. Section 15) or under 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, materials, or services by the bidder for sale to the Owner pursuant to the bid. Such assignment shall be made and become effective at the time the Owner tenders final payment to the bidder. 24.0 ASSIGNMENT OF CONTRACT Any attempted assignment by the Contractor of any contract to be entered into hereunder, or any part thereof, or of funds to be received there under by the Contractor, is void unless such assignment has prior written approval of Owner, and the Surety has been given due notice of such assignment. in writing and has consented thereto in writing. 25.0 REJECTION OF BIDS The Owner reserves the right to reject any and all bids and further reserves the right to reject any bids which are non -responsive, incomplete, obscure, or irregular; any bids which omit.a bid on any one or more items on which the bids are required; any bids in which unit prices are unbalanced in the opinion of the Owner; any bids accompanied by insufficient or irregular bid guaranty; and any bids from bidders who have previously failed to perform properly or to complete on time Contracts of any nature. Owner reserves the right to waive irregularities. 26.0 CONTRACT AND BONDS The successful bidder, simultaneously with the execution of the Agreement, will be required to furnish a Payment Bond equal to one hundred percent (100%) of the Contract Price, a Faithful Performance Bond equal to one hundred (100%) of the Contract Price, and evidences of required insurance. Said insurance and bonds shall be secured from a company or companies authorized to carry on business in the State of California and is satisfactory to Owner with a minimum "A:VII" rating with Best's Rating Guide. The form of Agreement, as provided in Section 00520, which the successful bidder as Contractor will be required to execute, and the forms of bonds as provided in Sections 00610 and 00620, which it will be required to furnish, shall be carefully examined by the bidder. The Faithful Performance Bond is to secure the faithful performance of the Contract, and the Payment Bond is 1 I I r I 1 1 1 1 INSTRUCTIONS TO BIDDERS 00200 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 8 to secure payment for those to whom the bidder may become legally indebted for labor, materials, tools, power, equipment, or services of every kind used or employed by the bidder in performing the work. 27.0 AWARD OF CONTACT Within 90 days after the time of opening of the bids, the Owner will act either to accept a bid, to reject all bids or with the consent of the bidders and their sureties to extend the time in which the Owner may act. The acceptance of a bid will be evidenced by a Notice of Award of Contract, in writing, delivered in person or by certified mail to the bidder whose bid is accepted. No other act of Owner will constitute acceptance of a hid.. The Award of Contract shall obligate the bidder whose bid is accepted to famish performance and payment bonds and evidences of insurance, and to execute the Agreement in the form set forth in the Contract Documents. The Contract will require the completion of the work according to the Contract Documents. If award is made, it will be based on the responsive, responsible Bid whose sum of extended prices for all Bid Items yields the lowest total Contract price. Selection of all, none, or any combination of Bid Items for award and construction shall be at the sole discretion of the Owner. Selection of Bid Items for award and construction will be accomplished by making the quantity of non -selected Bid Items zero. 28.0 EXECUTION OF CONTRACT The Agreement shall be executed by the successful bidder and returned, together with the Contract bonds and evidences of insurance, within ten (10) days after receiving written Notice of Award of the. Contract. Time is of the essence in this regard. After execution by Owner, one copy of the Agreement shall be returned to Contractor. The failure to execute the Contract Documents or to furnish the bonds or insurance required by these instructions within ten (10) days after receiving written notice of the Award of the Contract constitutes default. In case of default, the Owner may, at its sole discretion, award the Contract to the next lowest bidder or may re -advertise the project for new bids. If a more favorable bid is received by re -advertising, the defaulting bidder shall have no claim against the Owner for a refund. 29.0 CONSTRUCTION DOCUMENTS Within five (5) days after the execution of the Contract and furnishing bonds and insurance, the Owner will furnish the Contractor five copies of the ,Specifications, full-size plans and, if available, half-size plans. The Contractor may obtain additional copies for the price listed in Section 00100, NOTICE INVITING SEALED BIDS. **END OF SECTION** INSTRUCTIONS TO BIDDERS 00200 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 9 SECTION 00220 GEOTECHNICAL DATA Sub -surface soil investigations were conducted at the site of the work. The geotechnical reports are available for review at City Hall, Department of Public Works, 330 W. 20th Avenue, San Mateo, CA 94403. The soil investigations were developed for design purposes only, and as such may not include necessary information for, any or all, construction related activities, including, but not limited to, excavations, sheeting, shoring, bracing and dewatering. The data shown in the geotechnical reports are for the subsurface conditions found at the time and location of the• borings made during the subsurface investigation. The Owner disclaims responsibility for the bidder's interpretation of data contained in the geotechnical report, such as projecting or extrapolating from the test holes to other locations on the site of the work. The Owner does not guarantee the soil bearing values arid profiles, soil stability, and the presence, level, and extent of underground water for subsurface conditions found during the subsurface investigation will be the same for all areas of the work site during construction activity. The geotechnical reports and subsurface boring logs are to be used to supplement the contractor's personal investigation of the work site and otherwise satisfy themselves as to the conditions affecting the work as detailed and shown in these Contract Documents. **END OF SECTION"' I I 1 I 1 GEOTECHNICAL DATA 00220 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 10 SECTION 00400 BID DATE: The undersigned, as bidder, declares that it has received and examined the Contract Documents titled O'Neill Slough Tide Gate Reconstruction and Levee Improvements and will contract with the City of San Mateo, on the form of Agreement provided herewith, to do everything required for the construction of the above named Project at the price(s) and in accordance with the terms and conditions contained herein. Bidder agrees that the following Contract Document Sections shall form a part of this bid: SECTION TITLE 00400 Bid 00410 Bid Schedule 00420 Bid Guaranty Bond 00430 Proposed Subcontractors 00440 Bidder's Statement 00450 Certification of Payment of Prevailing Wages 00460 Certification of Requirement to Pay Workers' Compensation 00470 Certificate of Non -Discrimination 00480 Non -Collusion Affidavit We acknowledge that the following addenda numbers have been received and have been examined as part of the Contract Documents. Addenda II Date Received Initials Attached is a bid guaranty bond as required by Paragraph 00200-15.0, BID GUARANTY. Name of Bidder BID 00400 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 11 If our bid is accepted, we agree to sign the Agreement and to furnish the performance and payment bonds and the required evidences of insurance within 10 calendar days after receiving written Notice of Award of the Contract. We further agree, if our bid is accepted and a Contract for performance of the work is entered into with the Owner, to plan the work and to prosecute it with such diligence that the work shall be completed within the time stipulated. Name of Bidder Contractor's License No. License Expiration Date Signature of Bidder Title of Signator Witness Address of Bidder Title of Witness State of Incorporation 1 1 t 1 1 t 1 1 1 1 1 1 BID O'Neill Slough Tide Gate Reconstruction (Project No. 466237) 00400 Page 12 SECTION 00410 BID SCHEDULE PROPOSAL FOR THE CONSTRUCTION OF O'NEILL SLOUGH TIDE GATE RECONSTRUCTION AND LEVEE IMPROVEMENTS 1 1 1 1 1 1 1 I 1 Owner City of San Mateo, California Pursuant to Section 00100, NOTICE INVITING SEALED BIDS the undersigned hereby agrees that on award by the City of San Mateo under this Bid, and in accordance with the provisions therein stated; to execute a Contract, with necessary bonds, and insurances, to furnish all labor, materials, power, transportation, and services for the construction of the City of San Mateo project, in accordance with the Plans and Specifications therefore adopted and on file with the City of San Mateo within the time hereinafter set forth and at the prices named in this Bid as follows: ITEM NO. DESCRIPTION OF WORK EST.. QTY. UNIT UNIT PRICE TOTAL COST 1 Mobilization / Demobilization 1 L.S. $ $ 2 Sheeting, Shoring & Bracing 1 L.S. $ $ 3 Pedestrian / Traffic Control 1 L.S. $ $ 4 Bonds and Insurance 1 L.S. $ $ 5 Demolition 1 L.S. $ $ 6 Erosion Control and SWPP Measures 1 L.S. $ $ 7 . Clearing and Grubbing I L.S. $ $ 8 Cofferdams and Dewatering 1 L.S. $ $ 9 Furnish Class 70C Piling 870 LF $ $ 10 Drive Class 70C Piles 18 EA $ $ 11 Reinforced Concrete 360 C.Y. $ $ 12 Slide Gate and Mounting Hardware 4 EA $ $ 13 Metal Fabrications and Hardware 1 L.S. $ $ 14 Fiberglass Grating, Railings and Ladders 1 L.S. $ $ 15 Concrete Masonry Walls 1650 S.F. $ $ 16 Engineered Fill 1750 C.Y. $ $ 17 Asphalt Paving 8150 S.F. $ $ 18 Soil Preparation and Planting 1 L.S. $ $ 19 Final Grading and Site Restoration I L.S. $ $ 20 Caltrans Encroachment Permit Fee 1 L.S. $ 2,870 $ 2,870 TOTAL BID SCHEDULE $ BID SCHEDULE O'Neill Slough Tide Gate Reconstruction (Project No. 466237) 00410 Page 13 SECTION 00420 BID GUARANTY BOND KNOW ALL PERSONS BY THESE PRESENTS: THAT WE, AS PRINCIPAL, AND AS SURETY, are held and firmly bound unto the City of San Mateo in the penal sum of 10 PERCENT OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of San Mateo for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made to the City of San Mateo to which said bid was submitted, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents, in no case shall the liability of the surety hereunder exceed the sum of $ THE CONDITION OF THIS OBLIGATION IS SUCH THAT WHEREAS, the Principal has submitted the above -mentioned bid to the City of San Mateo, aforesaid, for certain construction specifically described as follows, for which bids are to be opened at City Hall, City of San Mateo. FOR: O'NEILL SLOUGH TIDE GATE RECONSTRUCTION AND LEVEE IMPROVEMENTS NOW, THEREFORE, if the aforesaid Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him/her for signature enters into a written contract in the prescribed form, in accordance with the bid, and files two bonds with the City of San Mateo, one to guarantee faithful performance, and the other to guarantee payment for labor and materials as required by law, and provide certificate of insurance coverage required by the Contract Documents, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue. IN WITNESS WHEREOF, we have hereunto set our hands on this day of 2005. Name of Contractor Name of Surety Title of Signator Title of Signator Signature of Principal Signature of Surety Address: Address: Note: Signatures of those executing for the surety must be properly acknowledged. BID GUARANTEE BOND 00420 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 14 1 1 1 1 1 1 I 1 I SECTION 00430 PROPOSED SUBCONTRACTORS The following list gives the name, business address, and portion of work (description of work to be done) for each subcontractor that will be responsible for more than one-half of one percent of contractor's total bid or $10,000, whichever is greater. (Additional supporting data may be attached to this page. Each page shall be sequentially numbered, and headed "Proposed Subcontractors" and shall be signed by the Bader.) Name Business Address Description of Work Cost ($I of Work Name of Contractor Name of Bidder PROPOSED SUBCONTRACTORS 00430 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 15 SECTION 00440 BIDDER'S STATEMENT The undersigned further certifies that he is licensed by the state of California as a Contractor, that the license is now in force and that the number and class is Class (A), and the expiration date is . Further the undersigned certifies that upon request he will provide_ evidence of said license. Pursuant to Business and Professions Code Section 7028.15 I, , declare under penalty of perjury that the foregoing and the statements contained in the bid for the above titled project are true and correct and that this declaration is made on this day of , 2005 at , California. If awarded the contract, the undersigned hereby agrees to sign and file an agreement, Section 00520, together with the necessary bonds, certificate(s) of insurance, related endorsements for general automobile liability insurance, and proof of a San Mateo Business License in the office of the City Clerk within ten (10) calendar days after the date of the award and to commence work within five (5) days of the date specified in the notice to proceed, and to complete the work within the Contract Time beginning from the date specified in the Notice to Proceed. The City intends to issue the Notice to Proceed 10 days after the award of contract. Further, the undersigned agrees to insure that all subcontractors obtain a San Mateo Business License in accordance with Section 01160 Regulatory Requirements, paragraph. 1.0, SAN MATEO BUSINESS LICENSE GUIDELINES. Contractor and all subcontractors also agree to keep the Business License current for the entire term of the contract. BIDDER'S STATEMENT 00440 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 16 1 1 1 i i 1 1 1 1 1 1 1 1 1 1 i 1 1 1 SECTION 00450 CERTIFICATE OF PAYMENT OF PREVAILING WAGE SCALE On behalf of the bidder, I the undersigned certify that the Prevailing Wage Scale, as determined by the Director of Industrial Relations of the State of California in force on the day this bid was announced, will be the minimum paid to all craftsman and laborers working on this project. In some cases, prevailing wage determinations have either a single asterisk (*) or double asterisks (**) after the expiration date. In cases where the prevailing wage determinations have a single asterisk (*) after the expiration date which are in effect on the date of advertisement for bids, such determinations remain in effect for the life of the project. Prevailing wage determinations which have double asterisks (**) after the expiration date indicate that the basic hourly wage rate, overtime, and holiday pay rates, and employer payments to be paid for work performed after this date have been determined. If work is extended past this date, the new rate must be paid and should be incorporated in contracts the Contractor enters into. A copy of the correct determination will be posted at the job site. It is understood that it is the responsibility of the bidder to determine the correct scale. The City will keep a copy of the wage scale in the City Clerk's office for the convenience of bidders. Any errors or defects in the materials in the City Clerk's office will not excuse a bidder's failure to comply with the actual scale then in force. The undersigned understands that weekly certified payrolls must be submitted for verification. BIDDER By: Name and Title of Person Making Certification Date Questions regarding State Prevailing Wages shall be addressed to: Department of Labor Relations Division of Labor Statistics and Research Prevailing Wage Unit 45 Fremont Street, Suite 1160 P.O. Box 420603 • San Francisco, CA 94142-0603 CERTIFICATE OF PAYMENT OF PREVAILING WAGE SCALE 00450 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 17 SECTION 00460 CERTIFICATE OF. REQUIREMENT TO PAY WORKERS' COMPENSATION I am aware of the provisions of. Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. BIDDER By: Name and Title of Person Making Certification Date 1 1 1 1 1 CERTIFICATE OF REQUIREMENT TO PAY WORKERS' COMPENSATION 00460 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 18 1 1 1 1 1 1 SECTION 00470 CERTIFICATION OF NON-DISCRIMINATION On behalf of the bidder making this proposal, the undersigned certifies that there will be no discrimination in employment with regard to race, color; religion, sex, disability, or national origin;. that all federal, state, local directives, and executive orders regarding non-discrimination in employment will be complied with; and that the principle of equal opportunity in employment will be demonstrated positively and aggressively. BIDDER By: Name and Title of Person Making Certification Date CERTIFICATE OF NON-DISCRIMINATION 00470 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 19 SECTION 00480 NON -COLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss. County of , being first duly sworn, deposes and say that he or she is (Name of Bidder) of Name of Contractor the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, business entity, business combination, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any 'advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Name of Contractor Signature Name of Bidder Subscribed and sworn before me this day of , 20 Title Signature of Notary Public in and for Date the County of State of California. NON -COLLUSION AFFIDAVIT 00480 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 20 SECTION'00520 AGREEMENT THIS AGREEMENT, made and entered into in the City of San Mateo, County of San Mateo, State of California, by and between the CITY OFSAN MATEO, a municipal corporation, hereinafter called "Owner," and hereinafter called "Contractor," as of the day of , 20 . RECITALS: (a) City has taken appropriate proceedings to authorize construction of the public work and improvements or other matters herein provided, and execution of this contract. (b) A notice was duly published for bids for the contract for the improvement hereinafter described. (c) After notice duly give, on the date. hereof, the Owner awarded the contract for the construction of the improvements hereinafter described to Contractor. IT IS AGREED, as follows: 1. Scope of Work. Contractor shall perform the work according to the Contract Book therefore titled: O'NEILL SLOUGH TIDE GATE RECONSTRUCTION AND LEVEE IMPROVEMENTS. 2. Contract Price. Owner shall pay, the Contractor shall accept, in full payment for the work above agreed to be done the sum of Said price is determined by the prices contained in Contractor's bid, and shall be paid as described in the Contract Book. In the event work is performed or materials furnished in addition to or a reduction of those set forth in Contractor's bid and the specifications herein, such work and materials will be paid for as described in the Contract Book. 3. The Contract Documents. The complete contract consists of the following documents: This Agreement; the Notice Inviting Sealed Proposals; the Accepted Proposal; the Contract Book which includes the Specifications and Contract Drawings, Addenda Number issued to the Contract Book, the Faithful Performance Bond, and the Labor and Materials Bond. All rights and obligations of Owner and Contract are fully set forth and described in the contract documents. All of the above -named documents are intended to cooperate, so that any work called for in one, and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete contract will hereinafter be referred to as "the AGREEMENT 00520 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 21 contract documents". In the event of any variation or discrepancy between any portion of this agreement and any portion of the other contract documents, this agreement shall prevail. The precedence of the remaining contract documents will be as specified in the Contract Book. 4. Schedule. All work shall be performed in accordance with the schedule provided pursuant to the Contract Book. 5. Performance by Sureties. In the event of any termination as hereinbefore provided, Owner shall immediately give written notice thereof to Contractor and Contractor's sureties, and the sureties shall have the right to take over and perform the agreement, provided, however, that if the sureties, within 5 days after giving them said notice of termination, do not give City written notice of their intention to take over the performance thereof within 5 days after notice to Owner such election, Owner may take over the work and prosecute the same to completion, by contract or by any other method it may deem advisable, for the account, and at the expense of Contractor, and the sureties shall be liable to Owner for any excess cost or damages occasioned Owner thereby; and, in such event, Owner may, without liability for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Contractor as may be on the site of the work and necessary therefore. 6. Legal Work Day — Penalties for Violation. Eight hours of labor shall constitute a legal day's work. Contractor shall not require more than 8 hours' labor in a day and 40 hours in a calendar week from any person employed by Contractor in the performance of such work unless such excess work is compensated for at not less than 1-1/2 times the basic rate of pay. Contractor shall forfeit as a penalty to Owner the sum of $25.00 for each laborer, workman or mechanic employed in the execution of this contract by Contractor, or by any subcontractor for each calendar day during which such laborer, workman or mechanic is required or permitted to labor more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 and 1816, inclusive, of the Labor Code of the State of California. 7. Prevailing Wage Scale. The prevailing wage scale as determined by the Director of Industrial Relations of the State of California, in force on the day the bid was announced, will be the minimum paid to all craftsmanand laborers working on this project. A copy of the correct determination will be posted at the job site. It is understood that it is the responsibility of Contractor to determine the correct scale. Copies of the prevailing wage rates are on file at the City Clerk's office. Any errors or defects in the materials in the City Clerk's office will not excuse a bidder's failure to comply with the actual scale then in force. 8. Insurance. The Contractor shall provide and maintain insurance as required under Section 00820. 9. Hold Harmless and Indemnity Provision. As required under Section 00820, paragraph 1.6. 10. Attorney Fees. As required under Section 00700, paragraph 7.3.4. 11. Mediation. As required under Section 00700, paragraph 7.3.5 12. Arbitration. As required under Section 00700, paragraph 7.3.6. AGREEMENT 00520 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 22 1 1 1 1 13. Provisions Cumulative. The provisions of this agreement are cumulative, and in addition to and not in limitation of, any other rights or remedies available to Owner. 14. Notices. All notices shall be in writing, and delivered in person or transmitted by certified mail, postage prepaid. Notices required to be given to Owner shall be addressed as follows: Director of Public Works City of San Mateo 330 West 20'h Avenue San Mateo, CA 94403 Notices required to be given to Contractor shall be addressed as appears in the signature block as shown on the Bidder's Statement. 15. Interpretation. As used herein any gender includes each other gender, the singular includes the plural and vice versa. IN WITNESS WHEREOF, this agreement has been duly executed by the parties herein above named, as of the day and year first above written. CONTRACTOR CITY OF SAN MATEO, a municipal corporation By: Mayor Al PEST: (Typed Name of Person Signing) City Clerk Attachment: Exhibit A: Scope of Work AGREEMENT 00520 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 23 SECTION 00610 FAITHFUL PERFORMANCE BOND KNOW ALL PERSONS BY THESE PRESENTS, THAT, WHEREAS, City of San Mateo, hereinafter designated the "Owner," has, on , 2005, awarded to Name of Contractor , hereinafter designated as the "Principal," a Contract for the construction of O'NEILL SLOUGH TIDE GATE RECONSTRUCTION, and WHEREAS, said Principal is required under the terms of said Contract to furnish a bond for the faithful performance of said Contract: NOW, THEREFORE, WE, the Principal, and Name of Surety , as Surety, are held and firmly bound unto the Owner the penal sum of Contract Amount Written Out dollars ($ Amount in Figures ) lawful money of the United States, for thepayment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if the above bounden Principal, it or its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and faithfully perform the covenants, conditions, and agreements in the said contract and any alterations made as therein provided, on it or their part to be kept and performed, at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless, the Owner, its officers and agents as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and virtue. It is acknowledged that the Contract provides for a one-year warranty period, during which time this bond remains in full force and effect. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. 1 1 1 1 1 FAITHFUL PERFORMANCE BOND 00610 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 24 IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their seals this day of 2005, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. (Seal) (Seal) Principal Name of Contractor Signature for Principal Title of Signator Surety Name of Surety Signature for Surety Title of Signator FAITHFUL PERFORMANCE BOND 00610 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 25 SECTION 00620 PAYMENT BOND KNOW ALL PERSONS BY THESE PRESENTS, THAT, WHEREAS, City of San Mateo, hereinafter designated as the "Owner," has, on , 20 awarded to (Name of Contractor) hereinafter designated as the "Principal," a Contract for the construction of the O'Neill Slough Tide Gate Reconstruction and Levee Improvements , and WHEREAS, said Principal is required to furnish a bond in connection and with said Contract, providing that if said Principal, or any of it or its subcontractors shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth: NOW, THEREFORE, we, the Principal, and (Name of Surety) as Surety, are held and firmly bound unto the Owner the penal sum of (Written Amount of Bond Value) Dollars ($ ) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, that if said Principal, it or its heirs, executors, administrators, successors, or assigns, shall fail to pay for any materials, provisions, or other supplies used in, upon, for, or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for amount due under the Unemployment Insurance Act with respect to such work or labor, or for any amounts due, or to be withheld pursuant to Sections 18806 of the Revenue and Taxation Code of the State of California with respect to such work or labor, then said surety will pay the same in or to an amount not exceeding the amount herein above set forth, and also will pay in case suit is brought upon this bond, such reasonable attorney's fees to the Owner as shall be fixed by the court. This bond shall insure to the benefit of any and all persons, companies, and corporations named in Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration, or addition of the terms of the Contract or to the work to be performed thereunder or the specifications accompanying the same shall, in any way, affect its obligations of this bond, and it does hereby waive notice of any change, extension of time, alteration, or addition to the terms of the contract or to the work or to the specifications. Said Surety hereby waives the provisions of Sections 2819 and 2845 of the Civil Code of the State of California. PAYMENT BOND 00620 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 26 1 1 1 1 1 IN WITNESS WHEREOF, the above bounded parties have executed this instrument under their seals this day of , 20_, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body. Principal Name of Contractor (Seal) Signature for Principal Title of Signator (Seal) Surety Name of Surety Signature for Surety Title of Signator PAYMENT BOND 00620 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 27 SECTION 00700 GENERAL CONDITIONS 1.0 GENERAL 1.1 Intent Of Contract Documents The intent of the Plans and Specifications is to describe the details for the construction and completion of the Work that the Contractor undertakes to perform in accordance with the terms of the Contract. Plans and Specifications are divided into groups for the convenience of the Owner, Design Consultant, and Owner's Representative. These divisions are not for the purpose of apportioning work or responsibility for work among subcontractors, suppliers, and manufacturers.. Where the Plans or Specifications describe portions of the Work in general terms but not in complete detail, it is understood that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor shall furnish tools, equipment, power, and incidentals, and do all the work involved in executing the Contract in a satisfactory and workmanlike manner. Unless specifically noted otherwise, all sections of the Specifications and the Plans shall be complementary and applicable to each other. In the event the materials and/or equipment are to be furnished by the Owner, as designated in the General Requirements or as agreed on, this shall not relieve the Contractor of the above requirements to furnish all other labor, materials, power, and equipment to complete the Contract. Words and abbreviations, which have well known technical or trade meaning, are used' in the Contract Documents in accordance with such recognized meanings. For the definition of terms and abbreviations used in these Contract Documents see Section 01420, REFERENCES. 1.2 Discrepancies and Omissions Any discrepancies or omissions found in the Contract Documents shall be reported to the Owner's Representative immediately. The Owner's Representative will clarify discrepancies or omissions, in writing, within a reasonable time. In resolving inconsistencies among two or more sections of the Contract Documents, precedence shall be given in the following order: 1. Contract a. Agreement b. Permits c. Change Orders 2. General Requirements • 3. Supplementary Conditions GENERAL CONDITIONS 00700 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 28 1 1 1 1 1 1 1 1 1 1 1 1 1 1 i 1 1 f 1 1 1 1 1 1 1 4. Instructions to Bidders 5. General Conditions 6. Technical Specifications 7. Project Plans 8. Reference Specifications 9. Reference Standard Plans 1.3 Headings Headings to parts, divisions, sections, articles, paragraphs, subparagraphs, and forms are inserted for convenience of reference only and shall not affect the interpretation of the Contract Documents. 1.4 Penalty for Collusion If, at any time, it is found that the person, firm, or corporation to whom the Contract has been awarded has, in presenting any .bid or bids, colluded with any other party or parties, then the Contract shall be null and void, and the Contractor and its sureties shall be liable for loss or damage which the Owner may suffer thereby, and the Owner may advertise for new bids for said Work. 1.5 Successors and Assigns The Owner and the Contractor, respectively, bind themselves, their partners, successors, assigns, and legal representatives to the other party hereto and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants, agreements, and obligation contained in the Contract Documents. Neither party to the Contract shall assign the Contract or sublet it as a whole without the written consent of the other, and any attempt to assign the Contract by the Contractor shall be void unless approved in writing by the Owner. 1.6 Assignment to Owner Pursuant to Public Contract Code 7103.5, in entering into the Contract and all subcontracts, to supply goods, services, or materials pursuant to the Contract, the Contractor and its subcontractors offer and agree to assign to the Owner 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 under 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 Contract and subcontracts. This assignment shall be made and become effective at the time the Owner tenders final payment to the Contractor, without further aclmowledgment by the parties. GENERAL CONDITIONS 00700 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 29 1.7 Rights and Remedies The duties and obligations imposed by the Contract Documents and the rights and remedies available thereunder shall be in addition to, and not a limitation of, any duties, obligations, rights, and remedies otherwise imposed or available by law. No action or failure to act by the Owner, the Design Consultant, or the Owner's Representative shall constitute a waiver of any right or duty afforded any of them under the Contract, nor shall any such action or failure to act constitute an approval of or acquiescence in any breach thereunder, except as may be specifically agreed in writing by Owner. 2.0 ADMINISTRATION 2.1 Administration of the Contract The Owner's Representatives and the Design Consultant will provide administration of the Contract as hereinafter discussed. The duties, responsibilities and limitations of authority of the Design Consultant and the Owner's Representative as the representatives of the Owner during the construction, as set forth in the Contract Documents, will not be modified orextended without written consent of the Owner. In case of the termination of the employment of the Design Consultant or the Owner's Representative, the Owner shall appoint a Design Consultant or an Owner's Representative whose status under the Contract Documents shall be that of the former Design Consultant or Owner's Representative, respectively. 2.2 Owner's Representative 2.2.1 General - The Owner's Representative has the authority to act on behalf of the Owner on negotiating and making recommendations change orders, progress payments, Contract decisions, acceptability of the Contractor's work, and early possession. 2.2.2 Change Orders - The Owner's Representative has the authority to negotiate change orders and cost proposals submitted by the Contractor and to make recommendations to the Owner for final approval. 2.2.3 Progress Payments - The Owner's Representative has the authority to accept or reject requests for progress payments which have been submitted by the Contractor. The Owner's Representative will then forward the progress payments to the Owner for final approval. 2.2.4 Contract Decisions - The Contractor may appeal to the Owner's Representative in accordance with the provisions of the Contract. 2.2.5 Inspection of Construction - The Owner's Representative shall have the authority to reject work and materials which do not conform to the Contract Documents, and to require special inspection or testing. 2.2.6 Acceptability of Work - The Owner's Representative has the authority to make the fmal determination of the acceptability of the Work. The Owner's Representative also has the authority GENERAL CONDITIONS 00700 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 30 r 1 1 1 1 1 I 1 1 1 I 1 1 I1 1 1 I I to accept or reject the Design Consultant's recommendations regarding retention of defective work as provided. 2.2.7 Construction Schedule - The Owner's Representative has the authority to review and recommend acceptance of the progress schedule submitted by the Contractor at the start of the Work and subsequent revisions for conformance to the specified sequence of work and logic. 2.2.8 Final Payment — The Owner's Representative, with the assistance of the Design Consultant will conduct inspections to determine the date of completion of the Work, and will receive and forwaid to the Owner, for the Owner's review, written warranties, and related documents required by the Contract and assembled by the Contractor. 2.2.9 Delegation — Owner may delegate some of the Owner's Representative's duties, to the extent it wishes, to other persons as it may wish. Such persons may assume day-to-day representation of Owner in the contract as construction manager, resident engineer, Owner's inspector, or other such title as Owner may see fit. Owner will provide a letter to Contractor delineating such person's role, authority, and responsibility. 2.3 Design Consultant 2.3.1 General - The Design Consultant will have the authority to act on behalf of the Owner only to the extent provided in the Contract Documents. 2.3.2 Interpretations - The Design Consultant has the authority to be the initial interpreter of the technical requirements of the Contract Documents. Either party to the Contract may make written request to the Owner's Representative for interpretations necessary for the proper execution or progress of the Work. The Owner's Representative shall refer such written requests to the Design Consultant, who will render such interpretations. Where the Contractor has requested an interpretation from the Owner's Representative, or been notified by the Owner's Representative that such interpretation has been requested by the Owner, any work done before receipt of such interpretations, if not in accordance with same, shall be removed and replaced or adjusted as directed by the Owner's Representative without additional compensation to Contractor. 2.3.3 Acceptability of the Work - The Design Consultant has the authority to make a recommendation as to the acceptability of the Work. The Design Consultant has the authority to recommend acceptance regarding the retention of defective work. 2.3.4 Site Observations - The Design Consultant may visit the Site at intervals appropriate to the stage of construction to become generally familiar with the progress and quality of the Work and to determine in general if the Work is proceeding in accordance with the Contract Documents. However, the Design Consultant will not be required to make extensive or continuous on -site inspections to check the quality or quantity of the Work. 2.3.5 Submittal - The Contractor shall submit, through the Owner's Representative, all shop drawings, product data and samples for review in accordance with Section 01340, SHOP DRAWINGS, PRODUCT DATA AND SAMPLES. GENERAL CONDITIONS 00700 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 31 The Design Consultant has the authority to review and take other appropriate action upon the Contractor's submittals such as shop drawings, product data and samples, but only for conformance with the design concept of the Work and the information given in the Contract Documents. 3.0 OWNER 3.1 General The Owner, acting through the Owner's Representative, shall have the authority to act as the sole judge of the Work and materials with respect to both quantity and quality as set forth in the Contract. 3.2 Attention to Work The Owner shall notify the Contractor in writing of the name of the individual designated as the Owner's Representative. 3.3 Inspection In addition to the Owner's Representative, the Owner may employ one or more inspectors to observe the Work and to act in matters of construction under this Contract. An inspector is not authorized to revoke, alter, or waive any requirements of the specifications. The inspector is authorized to call the attention of the Contractor to any failure of the Work or materials to conform to the Contract Documents. Separate and independent from the inspection above, the project may be inspected by Building Officials for code compliance. Such inspectors shall have the authority provided to them by local jurisdiction. 3.4 Owner's Right to Carry Out the Work If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents, and fails within 48 hours after receipt of written notice from the Owner to commence and continue correction of such default or neglect with diligence and promptness, the Owner may, after 48 hours following receipt by the Contractor of an additional written notice and without prejudice to any other remedy make good such deficiencies. The Owner also reserves the right to perform any portion of the work due to an emergency threatening the safety of the Work, public, Owner, and any property or equipment. In either case an appropriate Change Order shall be issued unilaterally deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies and/or for performing such work, including compensation for the Design Consultant's, and Owner's additional services made necessary by such default, neglect, failure or emergency. GENERAL CONDITIONS 00700 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 32 1 1 r 1 I I I I I I 1 I I 1 1 3.5 Owner's Right to Use or Occupy The Owner reserves the right, prior to Substantial Completion, to occupy, or use, any completed part or parts of the Work, providing these areas have been approved for occupancy by the Owner. The exercise of this right shall in no way constitute an acceptance of such parts, or any part of the Work, nor shall it in any way affect the dates and times when progress payments shall become due from the Owner to the Contractor or in any way prejudice the Owner's rights in the Contract, or any bonds guaranteeing the same. The Contract shall be deemed completed only when all the Work contracted has been duly and properly performed and accepted by the Owner. Prior to such occupancy or use, the Owner and Contractor shall agree in writing regarding the responsibilities assigned to each of them for payments, security, maintenance, heat, utilities, damage to the Work, insurance, the period for correction of the Work, and the commencement of warranties required by the Contract Documents. The part or parts of the Work, if any, which the Owner anticipates the use or occupancy of prior to completion, are noted in Paragraph 01110-3.0, OCCUPANCY REQUIREMENTS. Failure to include a part of the Work in the above section, shall not limit the Owner's right to use or occupy parts of the Work not listed. 3.6 Owner's Right to Perform Work and to Award Separate Contracts The Owner reserves the right to perform the work related to the Project with the Owner's own forces, and to award separate Contracts in connection with the Project or other work on the Site under these or similar Conditions of the Contract. 4.0 CONTRACTOR 4.1 Office The Contractor's office at the Project Site is hereby designated as the legal address of the Contractor for the receipt of documents, samples, notices, letters, and other articles of communication. 4.2 Contractor's Representative The Contractor shall notify the Owner in writing of the name of the person who will act as the Contractor's representative and shall have the authority to act in matters relating to this Contract. The Contractor, acting through its representative, shall give personal attention to, and shall manage the Work, so that it shall be prosecuted faithfully. The Contractor's representative shall be an employee of the Contractor. Upon written request of the Contractor, the Owner may waive this requirement. The Owner's waiver, if granted, will be in writing. There is no obligation by the Owner to waive this provision regardless of the effect on the Contractor's operations. At all times during the progress of the Work, the Contractor's representative shall be personally present at the Project site, or a designated alternate shall be at the Project site who has the authority to act in matters relating to the Contract. The Contractor's representative or designated alternate shall have the authority to carry out the provisions of the Contract and to supply GENERAL CONDITIONS 00700 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 33 materials, equipment, tools, and labor without delay for the performance of the Work. If neither the Contractor's representative nor a designated alternate is at the Project site, the Owner acting through the Owner's Representative shall have the authority as provided in Paragraph 00700-6.6, Temporary Suspension of Work, to suspend the work until such a representative is at the Project site. Before initial work is begun on the Contract, the Contractor shall file with the Owner's Representative, addresses and telephone numbers where the Contractor's and all subcontractors' representatives can be reached during all hours, including nights and weekends when work is not in progress. 4.3 Construction Procedures The Contractor will supervise and direct the work. The Contractor has the authority to determine the means, methods, techniques, sequences, and procedures of construction, except in those instances where the Owner, to define the quality of an item of work, specifies in the Contract, a means, method, technique, sequence, or procedure for construction of that item of Work. 4.4 Contractor's Employees The Contractor shall be responsible for the adequacy, efficiency, and sufficiency of its employees.. Workers shall have sufficient knowledge, skill, and experience to perform properly the work assigned to them. The Contractor shall employ only competent, skillful workers to perform the Work. If any subcontractor or person employed by the Contractor or its subcontractors, appear to the Owner's Representative to be incompetent or act in a disorderly or improper manner, such person or subcontractor shall be discharged from the site immediately by the Contractor upon written direction of the Owner's Representative, and such person shall not again be employed on the Project. 4.5 Subcontractors Subcontractors will not be recognized as having a direct relationship with the Owner. The persons engaged in the Work, including employees of subcontractors and suppliers, will be considered employees of the Contractor. The Contractor will be responsible for their work and their work shall be subject to the provisions of the Contract. The Contractor is as fully responsible to the Owner for the acts and omissions of its subcontractors and of persons either directly or indirectly employed by them as the Contractor is for the acts and omissions of persons directly employed by the Contractor. Nothing contained in the Contract Documents shall create any contractual relation between any subcontractor and the Owner. References in the Contract Document to actions required of subcontractors, manufacturers, suppliers, or any party other than, the Contractor, the Owner, the Owner's Representative, or the Design Consultant shall be interpreted as requiring that the Contractor shall require such subcontractor, manufacturer, supplier, utility company, or party to perform the specified action, unless the Contract Documents specifically state that the Work is not included in the Contract. The Contractor shall not employ any subcontractors that are not properly licensed in accordance with State law. Prior to commencement of any work by a subcontractor, the Contractor shall GENERAL CONDITIONS 00700 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 34 1 1 1 I I I 1 I I1 I I I r I I submit verification to the Owner's Representative that each subcontractor is properly licensed for the work it will perform. Changes to subcontractors listed in the Bid shall be made only with the approval of the Owner. 4.6 Contractor's Equipment and Facilities 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. 4.7 . Public Safety and Convenience The Contractor shall conduct its work so as to insure the least possible obstruction to traffic and inconvenience to the general public and the residents in the vicinity of the Work and to insure the protection of persons and property at no extra cost to the Owner. The Contractor shall have under construction no greater length or amount of work than it can prosecute properly with due regard to the rights of the public. 4.8 Owner -Contractor Coordination 4.8.1 Service of Notice - Notice, order, direction, request, or other communication given by the Owner's Representative or Owner to the Contractor shall be deemed to be well and sufficiently given to the Contractor if delivered to the Contractor's Representative designated in Paragraph 00700-4.2, Contractor's Representative to the Contractor's office designated in Paragraph 00700-4.1, Office, or to the Contractor's address provided in the Bid Proposal. 4.8.2 Suggestions to Contractor - Plans or methods of work suggested by the Owner, the Owner's Representative, or the Design Consultant to the Contractor, but not specified or required, if adopted or followed by the Contractor in whole or in part, shall be used at the risk and responsibility of the Contractor. The Owner, and Owner's Representative, or the Design Consultant assume no responsibility therefore, and in no way will be held liable for any defects in the Work which may result from or be caused by use of such plan or method of work. 4.8.3 Cooperation - The Contractor shall afford the Owner, the Owner's Representative and separate contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall connect and coordinate the Work with theirs as required by the Contract Documents. If any part of the Contractor's Work depends for proper execution or results upon the work of the Owner or any separate contractor, the Contractor shall, prior to proceeding with the Work, promptly report to the Owner's Representative any apparent discrepancies or defects in such other work that render it unsuitable for such proper execution and results. Failure of the Contractor to so report shall constitute an acceptance of the Owner's or separate contractor's work as fit and proper to receive the Work,, except as to latent defects which subsequently become apparent in such work by others. If requested by the Contractor, the Owner shall arrange meetings with other contractors performing work on behalf of the Owner to plan coordination of construction activities. The . Owner shall keep the Contractor informed of the planned activities of other contractors. GENERAL CONDITIONS 00700 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 35 Differences and conflicts arising between the Contractor and other contractors employed by the Owner or between the Contractor and the workers of the Owner with regard to their work, shall be submitted to the Owner for its decision in the matter. 'If such separate contractor sues the Owner on account of any delay or damage alleged to have been caused by the Contractor, the Owner shall notify the Contractor who shall, at the Owner's election, defend such proceedings at the Contractor's expense. If any judgment or award against the Owner arises from any such litigation whether defended by Owner or by Contractor, the Contractor shall pay or satisfy said judgment or award and shall reimburse the Owner for all attorney's fees and court costs which the Owner has incurred or for which it is liable. 4.9 Permits Unless specifically stated to be provided by the Owner, Contractor shall apply for, obtain, and comply with all the terms, conditions and requirements attached to all permits, bonds and licenses required by local, state, or federal agencies to perform work, construct, erect, test and start up of any equipment or facility for this Contract. Where operating permits are required, the Contractor shall apply for and obtain such operating permits in the name of the Owner and provide the permit in an appropriate frame or file holder when the Owner accepts substantial completion of the equipment or facility. The Contractor shall give all notices necessary or incidental to the due and lawful prosecution of the work. Any permits, bonds, licenses and fees therefore required for the performance of work under this Contract and not specifically mentioned herein as having been obtained and paid by the Owner shall be included in the Contractor's bid price. The Contractor shall apply for and obtain in its name the necessary building, plumbing and electrical permits and shall be responsible for satisfying all code requirements, calling for inspections, and obtaining final approvals. The Owner's Representative will coordinate code inspections. The Contractor shall comply with all construction conditions stipulated in the permits. The Contractor shall include in its bid the fees for any permits required. The Contractor shall apply for and obtain all safety permits for excavations, tunneling, trenches, construction (building structure, scaffolding, or falsework) and demolition required by CAI/OSHA including but not limited to, the permits required by Labor Code Section 6500. 4.10 Contractor's Responsibility for the Work and Materials Until acceptance of the Work, the Contractor shall have the charge and care of the Work and of the materials to be used therein and shall bear the risk of injury, loss, or damage, to any part thereof (regardless of whether partial payments have been made on such damaged portions of the Work) by the action of the elements or from any other cause, whether or not arising from the non -execution of the Work. The Contractor shall. rebuild, repair, restore, and make good all injuries, losses, or damages to any portion of the Work or the materials occasioned by any cause before its completion and acceptance and shall bear the expense thereof, except for such injuries, losses, or damages as are directly and proximately caused by acts of the Owner. GENERAL CONDITIONS 00700 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 36 4.11 Laws to be Observed I I I I I I r I 1 The Contractor shall keep fully informed of all existing and future County, State, and National laws and regulations and all municipal ordinances and regulations of the Owner which in any manner affect those engaged or employed in the Work and of all such orders and decrees of bodies having any jurisdiction or authority over the same; and shall protect and indemnify the Owner and all of its officers, agents, and servants against any claim or liability arising from or based on the violation of any such laws, ordinances, regulations, orders, or decrees whether by the Contractor or its employees. If any discrepancy or inconsistency is discovered in the plans, drawings, specifications or Contract for the Work in relation to. any such law, ordinance, regulations, order or decree, the Contractor shall immediately reportTthe'salge to the Owner's Representative in writing. 4.11.1 Prevailing Wage - In accordance with Section 1770 of the Labor Code, the Owner has ascertained and does hereby specify that the prevailing wage rates shall 'be those provided in Article 00200-22.0 WAGE RATES. The said rates shall include all employer payments that are required by Section 1773.1 of the Labor Code. The Owner will furnish to the Contractor, upon request, a copy of such prevailing rates. It shall be the duty of the Contractor to post a copy of such prevailing wages at the job site. For each worker paid less than the stipulated rate in the execution of the Contract by the Contractor, or any subcontractor under the Contractor, in violation of the provisions of the Labor Code, and in particular, Section 1770 to Section 1780, inclusive, the Contractor shall be subject to the provisions and penalties of Section 1775 of the Labor Code. In addition to said penalty, and pursuant to said Section 1775, the difference between such stipulated prevailing wage rates and the amounts paid to each worker for each calendar day, or portion thereof, for which each worker was paid less than the stipulated prevailing rate shall be paid to each worker by the Contractor. The wage rates set forth are the minimum that may be paid by the Contractor. Nothing herein contained shall be construed as preventing the Contractor from paying more than the minimum set forth. No extra compensation whatever shall be allowed by the Owner due to the inability of the Contractor to hire labor at the minimum rate nor for any necessity for payment by the Contractor for subsistence, travel time, overtime, or other added compensation, all of which possibilities are elements to be considered and ascertained to the Contractor's own satisfaction in preparing the bid. If it becomes necessary to employ a craft other than those listed, the Contractor shall notify the Owner immediately and the Owner will obtain the additional prevailing rate from the Director of the Department of Industrial Relations and the rate thus determined shall be applicable as a minimum at the time of initial employment. The Contractor shall pay travel and subsistence payments to workers needed to execute the work as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed with the Department of Industrial Relations pursuant to Labor Code Section 1773.8. GENERAL CONDITIONS 00700 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 37 4.11.2 Certified Payrolls - In accordance with Section 1776 of the Labor Code, each Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time, and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the project. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis: a. A certified copy of an employee's payroll record shall be made available for inspection or furnished to the employee or his or her authorized representative on request. b. A certified copy of all payroll records shall be made available for inspection or furnished upon request to a representative of the Owner, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations. c. A certified copy of all payroll records shall be made available upon request by the public in accordance with Section 1776 of the Labor Code. 4.11.3 Overtime Requirements - The Contractor shall forfeit, as a penalty to the Owner, the penalty as provided in Section 1813 of the Labor Code for each worker employed in the execution of the Contract by the Contractor, or any subcontractor under the Contractor, for each day during which such worker is required orpermitted to work more than eight (8) hours in any one day and forty (40) hours in any one week, in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815 thereof, inclusive, except that work performed by employees of Contractors in excess of eight (8) hours a day and forty (40) hours during one week, shall be permitted upon compensation for all hours worked in excess of eight (8) hours per day, at not less than one and a half (12) times the basic rate of pay as provided for in Section 1815 of the Labor Code. 4.11.4 Apprentice and Trainee - Attention is directed to the provisions in Section 1777.5 of the Labor Code and in accordance with the regulations of the California Apprenticeship Council concerning the employment of apprentices by the Contractor or any subcontractor under the Contractor. Section 1777.5 requires the Contractor or subcontractors employing trades persons in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the project which administers the apprenticeship program in that trade for a certificate of approval. The Contractor and subcontractors are required to submit contract award information to the applicable joint apprenticeship committee. As provided for in Section 1777.5 of the Labor Code, the Contractor is required to make contributions to funds established for the administration of apprenticeship programs. It shall be the responsibility of the Contractor to abide by the provisions of Section 1777.5 of the Labor Code and to require all subcontractors employed by or contracting with the Contractor to abide by said provisions. The Contractor shall furnish the Owner any and all evidence of compliance with this code section when requested by the Owner. For failure to comply with Section 1777.5 of the Labor Code, the Contractor shall be subject to the penalties in Section 1777.7 of the Labor Code. GENERAL CONDITIONS 00700 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 38 I I I I I r I 1 i I I 1 1 I I I I 1 I I I i I I I 1 4.11.5 Workers' Compensation Insurance - The Contractor is required to secure the payment of compensation to its employees in accordance with the provisions of Sections 1860 and 3700 of the Labor Code and Paragraph 00820-2.4, Workers' Compensation Insurance. 4.12 Safety 4.12.1 Contractor's Safety Responsibility - The Contractor shall be solely and completely responsible for conditions of the jobsite, including safety of all persons and property during performance of the work. This requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall conform to U.S. Department of Labor (OSHA), the California Occupational Safety and Health Act, and all other applicable Federal, State, County, and local laws, ordinances, codes, the requirements set forth below, and any regulations that may be detailed in other parts of these Contract Documents. Where any of these are in conflict, the more stringent requirement shall be followed. No provision of the Contract Documents shall act to: make the Owner, the. Owner's Representative or any other party than the Contractor responsible for safety. The Owner's Representative shall not have authority for safety on the project. The Contractor shall indemnify, defend and hold harmless the Owner, Owner's Representative, or other authorized representatives of the Owner, from and against any and all actions, damages, fines, suits, and losses arising from the Contractor's failure to meet all safety requirements and/or provide a safe work site. If death or serious injuries or serious damages are caused, the accident shall be reported immediately by telephone or messenger to both the Owner's Representative and the Owner. In addition, the Contractor must promptly report in writing to the Owner's Representative all accidents whatsoever arising out of, or in connection with, the performance of the Work whether on, or adjacent to, the Site, giving full details and statements of witnesses. The Contractor shall make all reports as are, or may be, required by any authority having jurisdiction, and permit all safety inspections of the work being performed under this Contract. If a claim is made by anyone against the Contractor or any subcontractor on account of any accident, the Contractor shall promptly report the facts in writing to the Owner's Representative, giving full details of the claim. 4.12.2 Safety Program - The Contractor shall establish, implement, and maintain a written injury prevention program as required by Labor Code Section 6401.7. Before beginning the Work the Contractor shall prepare and submit to the Owner's Representative a Contractor Safety Program that provides for the,implementation of all of the Contractor's safety responsibilities in connection with the Work at the site and the coordination of that program and its associated procedures and precautions with safety programs, precautions and procedures of each of its subcontractors and other prime Contractors performing work at the site. The Contractor shall be solely responsible for initiating, maintaining, monitoring, coordinating, and supervising all safety program, precautions, and procedures in connection with the Work and for coordinating its programs, precautions, and procedures of the other prime contractors and subcontractors performing the Work at the site. The Safety Program should contain all the necessary elements for the Contractor to administer its program on site. At a minimum,.this written Safety Program shall address the elements required by Labor Code Section 6401.7. The program shall also address the following: GENERAL CONDITIONS 00700 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 39 A. Compliance with Laws, Rules, and Regulations B. Infractions of Safety Rules 1. Reported to Contractor's designated Safety Supervisor 2. Time correction 3. Contractor to enforce safety requirements on its subcontractors 4. Non -complying employees to be removed from the Project C. Housekeeping 1. Continuous cleaning required 2. Final clean up required D. Means of Implementing the Program 1. All new employees to receive training on the Contractor's Safety Program prior to starting work. 2. Periodic tool box meetings with agenda recorded 3. Documented safety inspections by Safety Supervisor 4. Establish emergency procedures and telephone numbers including the procedure for the immediate removal to a hospital or a doctor's care of persons who may be injured on the jobsite. The Contractor shall maintain at its office or other well-known place at the Site safety equipment applicable to the Work as prescribed by the aforementioned authorities, and all items necessary for giving first aid to the injured. 5. Project bulletin board with required policies 6. At least two employees on each shift should have First Aid training and maintain a current First Aid card issued by an agency such as the American Red Cross. 7. Completion of a job hazard analysis for specific construction activities. 8. Establish a hazard communication program for informing the Contractor's and subcontractor's personnel, Owner's Representative, Owner, and other affected parties of specific hazards on the project. E. Define the duties and responsibilities of Contractor management personnel for safety. 1. Project Manager 2. General Superintendent 3. Foreman 4. Safety Supervisor F. Accident Investigation 1. Investigate all accidents and near misses. 2. Develop steps to prevent a reoccurrence. 3. Completion of all reporting paperwork. The Contractor's compliance with requirements for safety and/or the Owner's Representative's review of the Contractor's Safety Program shall not relieve or decrease the liability of the Contractor for safety. The Owner's Representative's review of the Contractor's Safety Program is only to determine if the above listed elements are included in the program. 4.12.3 Safety Supervisor - The Contractor shall appoint an employee as safety supervisor who is qualified and authorized to supervise and enforce compliance with the Safety Program. The Contractor shall notify the Owner's Representative in writing prior to the commencement of work of the name of the person who will act as the Contractor's safety supervisor and furnish the safety supervisor's resume to the Owner's Representative. The Contractor will, through and with his Safety Supervisor, ensure that all of its employees and its subcontractors of any tier, fully comply with the Project Safety Policies. The Safety Supervisor GENERAL CONDITIONS 00700 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 40 I 1 I I I I i I I 1 1 I I I I I I I I I 1 shall be a full-time employee of the Contractor whose responsibility shall be for supervising compliance with applicable safety requirements on the work site and for developing and implementing safety training classes for all job personnel. The Owner shall have the authority to require removal of the Contractor's Safety Supervisor if the representative is judged to be improperly or inadequately performing the duties; however, this authority shall not in any way affect the Contractor's sole responsibility for performing this work safely, nor shall it impose any obligation upon the Owner to ensure the Contractor perform its work safely. 4.12.4 Safety Coordination Meetings - The Contractor and its affected subcontractors shall attend safety coordination meetings with the Owner's Representative and any other affected parties. The meeting shall be held at least monthly and prior to the start of new construction activities. Construction activities will be reviewed prior to the start of work in the various areas to determine potential hazards. The Contractor will be responsible for preparing job hazard analyses to breakdown the activities to be performed in a step-by-step procedure and provide safety guidelines for each step and any special equipment necessary to protect workers. The Contractor will act as facilitator for the meeting. The Owner's Representative will participate in the Safety coordination meetings but will not direct the Contractor on how to perform its safety operations. 4.12.5 Safety and Protection - The Contractor shall take all necessary protection to prevent damage, injury, and loss to: • All employees on the Project, employees of all subcontractors, and other persons and organizations who may be affected thereby; • All the Work and materials and equipment to be incorporated therein, whether in storage on or off the site; and • Other property at the site or adjacent thereto, including' trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and underground facilities not designated for removal, relocation, or replacement in the course of construction. The Contractor shall comply with all applicable laws and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss and shall erect and maintain all necessary safeguards for such safety and protection. The Contractor shall notify owners of adjacent property and of underground facilities and utility owners when prosecution of the Work may affect them and shall cooperate with them in the protection, removal, relocation, and replacement of their property. All injury or loss to any property caused, directly or indirectly, in whole or in part, by the Contractor, any subcontractor, supplier or any other person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be•liable, shall be remedied by the Contractor. 4.12.6 Excavation Safety - In accordance with the provisions of Section 6705 of the Labor Code, the Contractor shall submit, in advance of excavation five feet or more in depth, detailed plans showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from hazard of caving ground during such excavation. If such plans vary from the shoring system standards set forth in the Construction Safety Orders in Title 8, California Code of Regulations, the plans shall be prepared and signed by a registered civil or structural engineer. Shoring, bracing, sloping, or other protective system shall not be less effective than required by GENERAL CONDITIONS 00700 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 41 the California Construction Safety Orders. The Owner's review of the Contractor's excavation plan is only for general conformance to the California Construction Safety Orders. Prior to commencing any excavation, the Contractor shall designate in writing to the Owner's Representative the "competent person(s)" with the authority and responsibilities designated in the Construction Safety Orders. 4.12.7 Safety Emergencies - In emergencies affecting the safety or protection of persons or the Work or property at the site or adjacent thereto, the Contractor, without special instruction -or authorization from the Owner's Representative, is obligated to act to prevent threatened damage, injury or loss. The Contractor shall give the Owner's Representative prompt written notice if the Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. 4.12.8 Safety Violations - Should the Contractor fail to correct an unsafe condition, the Owner's Representative shall immediately notify the Owner of the Contractor's failure to correct the unsafe condition. The Owner shall then notify the Contractor through the Owner's Representative that the unsafe condition must be corrected or the work in question will be stopped in accordance with Section 00700-6.6.1, Temporary Suspension of Work until the condition is corrected to the satisfaction of the Owner. No extension of time or additional. compensation will be granted as a result of any stop order so issued. The notification and suspension of such work or the failure to provide such notification and suspension by the Owner's Representative and Owner shall not relieve the Contractor of its sole responsibility and liability for safety. The Owner shall have the authority to require the removal from the project of the foreman and/or superintendent in responsible charge of the work where safety violations occur. 4.12.9 Equipment Safety Provisions - The completed Work shall include all necessary permanent safety devices, such as machinery guards and similar ordinary safety items, required by the State and Federal (OSHA) industrial authorities and applicable local and national codes. Further, any features of the Work, including Owner -selected equipment, subject to such safety regulations shall be fabricated, furnished, and installed in compliance with these requirements. All equipment furnished shall be grounded and provided guards and protection as required by safety codes. Where vapor -tight or explosion -proof electrical installation is required by safety codes, this shall be provided. Contractors and manufacturers of equipment shall be held responsible for compliance with the requirements included herein. The Contractor shall notify all equipment suppliers and subcontractors of the provisions of this paragraph. 5.0 CONTROL OF WORK AND MATERIALS 5.1 Means and Methods It is expressly stipulated that the drawings, specifications and other Contract Documents set forth the requirements as to the nature of the completed Work and do not purport to control the method of performing work except in those instances where the nature of the completed Work is dependent on the method of performance. GENERAL CONDITIONS 00700 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 42 I I r I I I I i N 1 I I I I I I I t I I I I I I I I I Except as provided elsewhere in the Contract Documents, neither the Owner, Design Consultant nor the Owner's Representative will be responsible for or have control or charge of construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work. Except as provided elsewhere in the Contract Documents, neither the Owner, Design Consultant nor the Owner's Representative will be responsible for or have control or charge over the acts or omissions of the Contractor, or any of their subcontractors, agents or employees, or any other persons performing any of the Work. Any general control of the Work exercised by the Owner or its authorized representatives shall not make the Contractor an agent of the Owner, and the liability of the Contractor for all damages to persons and/or to public or private property arising from the Contractor's execution of the Work shall not be. lessened because of such general control. Neither the inspection by the Owner, Design Consultant, or Owner's Representative, nor any order, measurement, approved modification, or payment of monies, nor acceptance of any part or whole of the Work by the Owner, Design Consultants, Owner's Representative, or their agents shall operate as a waiver of any provision of the Contract. Acceptance by the Owner's Representative, Owner and/or Design Consultant of any drawings, or any information regarding materials and equipment the Contractor proposes to furnish or method of work shall not be regarded as an assumption of risks or liability by the Owner's Representative, Design Consultant, or the Owner, or any officer or employee thereof, and the Contractor shall have no claim under the Contract on account of the failure or partial failure or inefficiency or insufficiency of any plan or method of work or material and equipment so accepted. Such acceptance shall be considered to mean merely that the Owner's Representative, Owner, and/or Design Consultant has no objection to the Contractor using, upon its own full responsibility, the plan or method of work proposed, or furnishing the materials and equipment proposed. 5.2 Owner -Furnished Materials Materials, if furnished by the Owner, will be made available as designated in the General Requirements. The cost of loading, unloading, hauling and handling, and placing Owner -furnished materials shall be considered as included in the price bid for the Contract item involving such Owner -furnished material. Contractor shall inspect and assure itself of the amount and soundness of such materials. The Contractor will be held responsible for all materials furnished to it, and shall pay all demurrage and storage charges. Owner -furnished materials lost or damaged from any cause whatsoever shall be replaced by the Contractor. The Contractor will be liable to the Owner for the cost of replacing Owner -furnished material and such costs may be deducted from any monies due or to. become due the Contractor. 5.3 Defective and Unauthorized Work Materials and workmanship not conforming to the requirements of the Contract Documents 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 by the Contractor, at its expense, when so directed by the Owner's Representative. GENERAL CONDITIONS 00700 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 43 Any work done beyond the limits of work, lines, and grades shown on any approved plans or established by the Owner's Representative, or any extra work done without written authority, will be considered as unauthorized and will not be paid for. Upon failure on the part of the Contractor to comply with any order of the Owner's Representative made under the provisions of this paragraph, the Owner's Representative shall have authority to cause defective work tobe remedied, or removed and replaced, and unauthorized work to be removed, and to deduct the costs thereof from any monies due or to become due the Contractor. The time, cost and compliance requirements stipulated in Paragraph 00700-3.4, Owner's Right to Carry Out the Work, shall apply for this paragraph also: 5.4 Unnoticed Defects Any defective work or material that may be discovered by the Owner, Owner's Representative, or Design Consultant before the final acceptance of the Work, or before final payment has been made, or during the warranty period, shall be removed and replaced by work and materials which shall conform to the provisions of the Contract Documents. Failure on the part of the Owner, Owner's Representative, or Design Consultant to reject bad or inferior work or materials shall not be construed to imply acceptance of such work or materials. 5.5 Right to Retain Imperfect Work If any part or portion of the work performed or material furnished under this Contract shall prove defective and not in accordance with the Drawings and Specifications, and if the imperfection in the same shall not be of sufficient magnitude or importance as to make the work dangerous or unsuitable, or if the removal of such work will create conditions which are dangerous or undesirable, the Owner shall have the right and authority to retain such work but shall make such deductions in the final payment therefore as may be just and reasonable. 6.0 PROGRESS OF THE WORK 6.1 Beginning of Work The Contractor shall begin work within ten (10) days of the effective date of the Notice to Proceed and shall diligently prosecute the same to completion within the time limit. Should the Contractor begin work in advance of receiving Notice to Proceed, any work performed in advance of the said date of approval shall be considered as having been done by the Contractorr at its own risk and as a volunteer. 6.2 Time of Completion Time shall be of the essence of the Contract. The Contractor shall prosecute the work so that the various portions of the project shall be complete and ready for use within the time specified in Paragraph 00810-2.0, TIME ALLOWED FOR COMPLETION. It is expressly understood and agreed by and between the Contractor and the Owner that the Contract time for completion of the work described herein isa reasonable time taking into consideration the average climatic and economic conditions and other factors prevailing in the locality and the nature of the work. GENERAL CONDITIONS O'Neill Slough Tide Gate Reconstruction (Project No. 466237) 00700 Page 44 I I I I . I I I I I I I I 1 I I I I • 1 I r I I I 1 I 1 6.3 Delays 6.3.1 Notice of Delays - When the Contractor foresees a delay in the prosecution of the Work and, in any event, immediately upon the occurrence of a delay, the Contractor shall notify the Owner's Representative in writing of the probability of the occurrence and the estimated extent of the delay, and its cause. The Contractor shall take immediate steps to prevent, if possible the occurrence or continuance of the delay. The Contractor agrees that no claim shall be made for delays which are not called to the attention of the Owner's Representative at the time of their occurrence. 6.3.2 Non -excusable Delays - Non -excusable delays in the prosecution of the Work shall include, but not limited to, delays which could have been avoided by the exercise of care, prudence, foresight, and diligence on the part of the Contractor or its subcontractors, at any tier level, or suppliers. 6.3.3 Excusable Delays - Excusable delays in the prosecution or completion of the Work shall include delays which result from causes beyond the control of the Contractor and Owner and which could not have been avoided by the exercise of care, prudence, foresight, and diligence on the part of the Contractor or its subcontractors, at any tier level, or suppliers. 6.3.3.1 Abnormal Delays - Delays caused by acts of god, fire, unusual storms, floods, tidal waves, earthquakes, strikes, labor disputes,freight embargoes, and shortages of materials shall be considered as excusable delays insofar as they prevent the Contractor from proceeding with at least seventy-five (75) percent 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. 6.3.3.2 Weather Delays - Should inclement weather conditions or the conditions resulting from weather prevent the Contractor from proceeding with seventy-five (75) percent 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 such operation or operations, and the crew is dismissed as a result thereof, it shall be a weather delay day. The Contractor may be granted a time extension pursuant to Paragraph 00700-6.4.2.c, Weather Delays. 6.3.3.3 Material Shortages - Upon the submission of satisfactory proof to the Owner's Representative by the Contractor, shortages of material will be acceptable as grounds for granting a time extension. In order that such proof may be satisfactory and acceptable to the Owner's Representative, it must be demonstrated by the Contractor that the Contractor has made every effort to obtain such materials from all known sources within reasonable reach of the proposed Work. Only the physical shortage of material, caused by unusual circumstances, will be considered under these provisions as a cause for extension of time, and no consideration will be given to any claim that material could not be obtained at a reasonable, practical, or economical cost or price, unless it is shown to the satisfaction of the Owner's Representative that such material could have been obtained only at exorbitant prices entirely out of line with current rates, taking into account the quantities involved and usual practices in obtaining such quantifies. A time extension for shortage of material will not be considered for material ordered or delivered late or whose availability is affected by virtue of the mishandling of procurement. The above provisions apply equally to equipment to be installed in the work. GENERAL CONDITIONS 00700 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 45 6.3.4 Compensable Delays - Compensable delays in the prosecution or completion of the Work shall include delays that occur through no fault of the Contractor and prevent the Contractor from proceeding with at least seventy-five (75) percent 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 cause(s): a. Delays due solely to the actions and/or inactions of the Owner. b. Delays due to differing site conditions as defined in Paragraph 00700-7.2, Differing Site Conditions. c. Delays due to other Contractors employed by the Owner who interfere with the Contractor's prosecution of the Work as defined above.. 6.3.5 Concurrent Delays - Concurrent delays are those delay periods when the prosecution of the Work is delayed during the 'same period of time due to causes from a combination of the delays defined in Paragraphs 00700-6.3.2, Non -Excusable Delays, 00700-6.3.3, Excusable Delays, or 00700-6.3.4, Compensable Delays. During such concurrent delay periods, rime extensions will be granted in accordance with Paragraph 00700-6.4, Time Extensions; however, the Contractor shall not be compensated for its overhead costs as defined in Paragraph 00700-6.4.3, Indirect Overhead, and the Owner shall not assess it's actual costs as defined in Paragraph 00700-6.4.1, Non -excusable Delays. 6.4 Time Extensions 6.4.1 Non -excusable Delays - The Owner may grant an extension of lime for non -excusable delays if the Owner deems it is in its best interest. If the Owner grants an extension of time for non - excusable delays, the Contractor agrees to pay the Owner's actual costs, including charges for engineering, inspection and administration incurred during the extension. 6.4.2 Excusable or Compensable Delays - If the Contractor is delayed in the performance of its work as defined in Paragraphs 00700-6.3.3, Excusable Delays, or 00700-6.3.4, Compensable Delays, then the Contract completion date may be extended by the Owner for such time that, in the Owner's and Owner's Representative's, determination, the Contractor's completion date will be delayed, provided that the Contractor strictly fulfills the following: a. The Contractor shall provide notification, in accordance with Paragraph 00700-6.3.1, Notice of Delays, ' and submit in writing a request for an extension of lime to the Owner's Representative stating at a minimum the probable cause of the delay and the number of days being requested. The time extension request shall be submitted in accordance with the requirements of Paragraph 01313-6.0, TIME IMPACT ANALYSES. b. If requested by the Owner's Representative, the Contractor shall promptly provide sufficient information to the Owner's Representative to assess the cause or effect of the alleged delay, or to determine if other concurrent delays affected the work. c. Weather Delays. The Contractor will be granted a non-compensable time extension for weather caused delays, pursuant to Paragraph 00700-6.3.3.2, Weather Delays, over and above an allowance as provided for in Paragraph 00810-4.0, WEATHER DELAYS. No time GENERAL CONDITIONS 00700 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 46 r I I I I I I I r I I I extensions for weather delays will be granted until the total number of weather days exceeds this allowance. Should the Contractor fail to fulfill any of the foregoing, which are conditions precedent to the right to receive a time extension, the Contractor waives the right to receive a time extension. During such extension of time, neither extra compensation for engineering, inspection and administration nor damages for delay will be charged to the Contractor. It is understood and agreed by the Contractor and Owner that time extensions due to excusable or compensable delays will be granted only if such delays involve controlling operations which would prevent completion of the whole Work within the specified Contract time. Should the Contractor fail to complete the work within the time specified in the contract, as extended in accordance with this clause if appropriate, the Contractor shall pay to the Owner liquidated damages in accordance with Paragraph 00700-6.5, Liquidated Damages. 6.4.3 Indirect Overhead - The Contractor shall be reimbursed for indirect overhead expenses for periods of time when the Work is delayed as defined in Paragraph 00700-6.3.4, Compensable Delays. However, no reimbursement for indirect overhead shall be made for compensable delays which occur during a concurrent delay as defined in Paragraph 00700-6.3.5, Concurrent Delays. No reimbursement for indirect overheadas covered in this section shall be made for any time extensions granted for Contract change orders as provided in Section 01035, MODIFICATION PROCEDURES. As a condition precedent to any reimbursement, the Contractor must fulfill all conditions as provided in Paragraph 00700-6.4.2, Excusable or Compensable Delays. No additional markup for overhead or profit shall be provided for such indirect overhead expenses. Payment to the Contractor for indirect overhead expenses will be made only if the extended Contract period granted for the compensable delay(s) is required to complete the, work following the depletion of the original contract period and any time extensions granted other than compensable time extensions. 6.4.3.1 Indirect Field Overhead - For those allowable delay periods as defined in Paragraph 00700- 6.4.3, Indirect Overhead, the Contractor shall be reimbursed for its indirect field overhead based on: a. Invoices for all field office equipment. b. Actual salary for field office staff. c. Fair rental values acceptable to the Owner's Representative as described in Paragraph 01035- 3.0, Force Account Payment for construction equipment idled due to the delay. 6.4.3.2 Indirect Home Office Overhead - For those allowable delay periods as defined in Paragraph 00700-6.4.3, Indirect Overhead, the Contractor shall be reimbursed for its home office overhead based on the following formula: Contract Bid Price ($) x (0.03) = Daily Home Office Overhead ($/Day) Contract Period (Days) GENERAL CONDITIONS 00700 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 47 As it is impractical to determine the actual home office overhead, such reimbursement shall be mutually agreed between the Owner and Contractor to encompass full payment for any home office overhead expenses for such periods of time for the Contractor and all subcontractors. The Contractor agrees to indemnify, defend and hold the Owner harmless for any indirect overhead claims from its subcontractors. 6.5 Liquidated Damages It is agreed by the parties to the Contract that time is of the essence in the completion of this Work, and that in case all the Work called for under the Contract is not completed before or upon the expiration of the time limit as set forth in these Contract Documents, as modified by extensions of time granted by the Owner, damage will be sustained by the Owner. As it is impracticable to determine the actual delay damage; it is, therefore, agreed that the Contractor shall pay liquidated damages to the Owner in the. amount set forth in Paragraph 00810-3.0, DAMAGES FOR DELAYS, per day for each and every day's delay beyond the time prescribed to complete the Work. The Contractor agrees to pay such liquidated damages and in case the same are not paid, agrees that the Owner may deduct the amount thereof from any monies due or that may become due the Contractor under the Contract. 6.6 Temporary Suspension of Work 6.6.1 If the Contractor fails to correct defective work as required by Paragraph 00700-5.3 Defective and Unauthorized Work, or fails to carry out the Work in accordance with the Contract Documents or any other applicable rules and regulations, the Owner, by a written order of the Owner's representative or signed personally by an agent specifically so empowered by the Owner, in writing, may order the Contractor to stop the work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the Owner to stop the Work shall not give rise to any duty on the part of the Owner to exercise this right for the benefit of the Contractor or any other person or entity. All delays in the Work occasioned by such stoppage shall not relieve the Contractor of any duty to perform the Work or serve to extend the time for its completion. Any and all necessary corrective work done in order to comply with the Contract Documents shall be performed at no cost to the Owner. 6.6.2 In the event that a suspension of Work is ordered, as provided in this paragraph, the Contractor, at its expense, shall perform all work necessary to provide a safe, smooth, and unobstructed passageway through construction for use by public, pedestrian, and vehicular traffic, during the period of such use by suspension. Should the Contractor fail to perform the Work as specified, the Owner may perform such work and the cost thereof may be deducted from monies due the Contractor under the Contract. 6.6.3 The Owner shall also have authority to suspend the Work wholly or in part, for such period as the Owner may deem necessary, due to unsuitable weather, or to such other conditions as are considered unfavorable for the suitable prosecution of the Work. Such temporary suspension of the Work will be considered justification for time extensions to the Contract in an amount equal to the period of such suspension if such suspended work includes the current critical activity on the latest favorably reviewed progress schedule. The Contractor as directed by the Owner shall provide the provisions as stipulated in Paragraph 00700-6.6.2 above. Such additional work shall be compensated as provided for in Section 00700-7.0, CHANGES IN THE WORK. GENERAL CONDITIONS 00700 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 48 r 1 I i I I I I I I I I r 1 I I i I I I I I I I r I 6.7 Termination of Contract If at any time the Contractor•is determined to be in material breach of the Contract, notice thereof in writing will be served upon the Contractor and its sureties, and should the Contractor neglect or refuse to provide means for a satisfactory compliance 'with the Contract, as directed by the Owner's Representative, within the time specified in such notice, the Owner or the Owner's Representative in such case shall have the authority to terminate. the operation of the Contract. Upon such termination, the Contractor shall discontinue the Work, or such parts of it as the Owner may designate. Upon such termination, the Contractor's control shall terminate and thereupon the Owner or its fully authorized representative may take possession of all or any part of the Contractor's materials, tools, equipment, and appliances upon the premises and use the same for the purposes of completing the Work and hire such force and buy or rent such additional machinery, tools, appliances, and equipment, and buy such additional materials and supplies at the Contractor's expense as may be necessary for the proper conduct of the Work and for the completion thereof; or the Owner may employ other parties to carry the Contract to completion, employ the necessary workers, substitute other machinery or materials and purchase the materials contracted for, in such manner as the Owner may deem proper; or the Owner may annul and cancel the Contract and re -let the Work or any part thereof. Any cost arising therefrom over and above the Contract price will be charged against the Contractor and its sureties, who will be liable therefore. In the event of such termination, all monies due the Contractor or retained under the.terms of this Contract shall be held by the Owner; however, such holdings will not release the Contractor or its sureties from liability for failure to fulfill the Contract. Any cost over and above the Contract amount incurred by the Owner arising from the termination of the operations of the Contract and the completion of the Work by the Owner as above provided shall be paid for by any available funds held by the Owner. The Contractor will be so credited with any surplus remaining after all just claims for such completion have been paid. • In addition to the Owner's rights under this section, if at any time before completion of the work under the Contract, it shall be determined by the Owner that reasons beyond the control of the parties hereto render it impossible or against the interests of the Owner to complete the work, or if the work shall be stopped by an injunction of a court of competent jurisdiction or by order of any competent authority, the Owner may, upon ten (10) days written notice to the Contractor, discontinue the work and terminate the Contract. Upon service of such notice of termination, the Contractor shall discontinue the work in such manner, sequence, and at such times as the Owner's Representative may direct. The Contractor shall have no claim for damages for such discontinuance or termination, nor any claim for anticipated profits on the work thus dispensed with, nor any other claim except for the work actually performed up to the time of discontinuance, including any extra work ordered by the Owner's Representative to be done, nor for any claim for liquidated damages. 7.0 SCOPE OF WORK - CHANGES IN THE WORK 7.1 . Change Orders 7.1.1 Without invalidating the Contract and without notice to sureties or insurers, the Owner through the Owner's Representative, may at any time or from time to time, order additions, deletions, or GENERAL CONDITIONS 00700 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 49 revisions in the Work; these will be authorized by Field Directive, Field Order, or Change Order. A Change Order will not be issued for a Field Directive unless the Owner's Representative concurs with an appeal by the Contractor that such Field Directive is a change in the scope of the Contract. The Contractor shall comply promptly with the requirements, for all Change Orders, Field Orders, or Field Directives. The work involved in Change Orders shall be executed under the applicable conditions and requirements of the Contract Documents. If any Field Order causes an increase or decrease in the Contract Amount or an extension or shortening of the Contract Time, an equitable adjustment will be made by issuing a Change Order. If. the Contractor accepts a Change Order that does not include a time extension, the Contractor waives any claim for additional time for the work covered by that Change Order. Additional or extra work performed by the Contractor without written authorization of a Field Order or Change Order will not entitle the Contractor to an increase in the Contract Amount or an extension of the Contract Time. 7.1.2 Extra work shall be that work not shown or detailed on the Contract Drawings and not specified. Such work shall be governed by all applicable provisions of the Contract Documents. In giving instructions, the Owner's Representative shall have authority to make minor changes in the work, not involving extra cost, and not inconsistent with the purposes of the work; but otherwise, except, in an emergency endangering life or property, no extra work or change shall be made unless in pursuance of a written order by the Owner through the Owner's Representative, and no claim for an addition to the total amount of the Contract shall be valid unless so ordered. 7.1.3 In case any change increases or decreases the work shown, the Contractor shall be paid for the work actually done at a mutually agreed upon adjustment to the Contract price, based upon the provisions of Section 01250 - MODIFICATION PROCEDURES 7.1.4 If the Contractor refuses to accept a Change Order, the Owner may issue it unilaterally. The Contractor shall comply with the requirements of the Change Order. The Owner shall provide for an equitable adjustment to the Contract, and compensate the Contractor accordingly. If the Contractor does not agree that the adjustment is equitable, it may submit a claim in accordance with Paragraph 00700-7.3.2, Claims. 7.2 Differing Site Conditions Pursuant to Public Contract Code Section 7104, the Contractor shall promptly, and before such conditions are disturbed, notify the Owner's Representative in writing, of any: a. Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, which is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. b. Subsurface or latent physical conditions at the site differing from those indicated. c. Unknown physical conditions at the site of any unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract. The Owner shall promptly, investigate the conditions, and if it finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the work the Owner shall GENERAL CONDITIONS 00700 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 50 I I I 1 I I I I I I 1 I I I 1 I r I I I 1 I I I I I I I I w I I I r cause to be issued a change order under the procedures provided in Paragraph 00700-7.1, Change, Orders. In the event that a dispute arises between the Owner and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The Contractor shall retain any and all rights provided either by Contract or by law which pertain to the resolution of disputes and protests between the contracting parties, Paragraph 00700-7.3 Resolution of Disputes. No claim of the Contractor under this clause shall be allowed unless the Contractor has given the notice required. 7.3 Resolution of Disputes 7.3.1 Contract Interpretation by the Owner's Representative - Questions regarding the meaning and intent of the Contract Documents shall be referred in writing by the Contractor to the Owner's Representative. Where practical, the Owner's Representative shall respond to the Contractor in writing with a decision within ten (10) days of receipt of the request. • 7.3.2 Claims 7.3.2.1 Notice - If the Contractor disagrees with the Owner's Representative's decision in Paragraph 00700-7.3.1, Contract Interpretation by the Owner's Representative, or in any case where the Contractor deems additional compensation or a time extension to the Contract period is due the Contractor for work or materials not covered in the Contract or which the Owner's Representative has not recognized as extra work, the Contractor shall notify' the Owner's Representative, in writing, of its intention to make claim. Claims pertaining to decisions provided in Paragraph 00700-7.3.1 or such other determinations by the Owner's Representative shall be filed in writing to the Owner's Representative within five (5) days of receipt of such decision. All other claims notices for extra work shall be filed in writing to the Owner's Representative prior to the commencement of such work. Written notice shall use the words "Notice of Potential Claim". Such Notice of Potential Claim shall state the circumstances and the reasons for the claim, but need not state the amount. Additionally, no claim for additional compensation or extension of time for a delay will be considered unless the provisions of Paragraphs 00700-6.3, Delays, and 6.4, Time Extensions are complied with. No claim filed after the date of final payment will be considered. It is agreed that unless notice is properly given, the Contractor shall not recover costs incurred by it as a result of the alleged extra work, changed work or other situation which had proper notice been given would have given rise to a right for additional compensation. The Contractor should understand that timely notice of potential claim is of great importance to the Owner's Representative and Owner, and is not merely a formality. Such notice allows the Owner to consider preventative action, to monitor the Contractor's increased costs resulting from the situation, to marshal facts, and to plan its affairs. Such notice by the Contractor, and the fact that the Owner's Representative has kept account of the cost as aforesaid, shall not in any way be construed as proving the validity of the claim. GENERAL CONDITIONS 00700 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 51 7.3.2.2 Records of Disputed Work - In proceeding with a disputed portion of the Work, the Contractor shall keep accurate records of its costs and shall make available, to the Owner's Representative, a daily summary of the hours and classification of equipment and labor utilized on the disputed work, as well as a summary of any materials or any specialized services which are used. Such information shall be submitted to the Owner's Representative on a monthly basis, receipt of which shall not be construed as an authorization for or acceptance of the disputed work. 7.3.2.3 Submission of Claim Costs. Within 30 days after the last cost of work for which the Contractor contends it is due additional compensation is incurred, but if costs are incurred over a span of more than 30 days, then within 15 days after the thirtieth day and every month thereafter, the Contractor shall submit to the Owner's Representative, as best the Contractor is able, its costs incurred for the claimed matter. Claims shall be made in itemized detail and should the Owner's Representative be dissatisfied with format or detail of presentation, upon request for more or different information, the Contractor will promptly comply, to the satisfaction of the Owner's Representative. If the additional costs are in any respect not knowable with certainty, they shall be estimated as best can be done. In case the claim is found to be just, it shall be allowed and paid for as provided in Section 01035, MODIFICATION PROCEDURES. 7.3.2.4 Claim Meetings. From time to time the Owner's Representative may call a special meeting to discuss outstanding claims should it deem this of possible help. The Contractor shall cooperate and attend prepared to discuss its claims, making available the personnel necessary for resolution, and all documents which may reasonably be requested by the Owner's Representative. 7.3.3 Resolution of Claims - For all contracts awarded during the effective dates of Public Contract Code Section 20104, where claims cannot be resolved between the parties, claims for three hundred and seventy five thousand dollars ($375,000) or less shall be resolved pursuant to the provisions of that code section. Should either party to this Agreement bring legal action against the other, the case shall be handled in San Mateo County where the work is being performed. 7.3.4 Attorney Fees — Attorney fees in amount not exceeding $85 per hour per attorney, and in total amount not exceeding $5,000, shall be recoverable as costs (that is, by the filing of &cost bill) by the prevailing party in any action or actions to enforce the provisions of this contract. The above $5,000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals or actions. It is the intent that neither party to this contract shall have to pay the other more than $5,000.for attorney fees arising out of an action, or actions, to enforce the provisions of this contract. The parties expect and hope there will be no litigation and that any differences will be resolved amicably. 7.3.5 Mediation — Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from the mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed -upon service. The mediator shall be selected by a blindfolded process. The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in GENERAL CONDITIONS 00700 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 52 I I I I I I I I I I I I I I I I I I I I I I I I 1 I I I I r I a mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties. 7.3.6 Arbitration — After mediation above, and upon agreement of the parties, any dispute arising out of or relating tot his agreement may be settled by arbitration in accordance with the Construction Industry Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. The costs of arbitration shall be borne equally by the parties. 8.0 PAYMENT 8.1 Scope of Payment 8.1.1 General - The Contractor shall accept the compensation, as herein provided, as full payment for furnishing all labor, materials, tools, equipment, and incidentals necessary for completing the Work according to the Contract Documents, and no additional compensation will be allowed therefore. Neither the payment of any partial payment estimate nor of any retained percentage shall relieve the Contractor of any obligation to make good any defective work or material. 8.1.2 Payment for Patents and Patent Infringement - All fees .or claims for any patented invention, article, or arrangement that may be used upon, or in, any manner connected with the performance of the work or any part thereof shall be included in the price bid for doing the work, and the Contractor and its sureties shall defend, protect, and hold the Owner, the Owner's Representative, and Design Consultants, together with all their officers, agents, and employees harmless against liability of any nature or kind for any and all costs, legal expenses, and damages made for such fees or claims and against any and all suits and claims brought or made by the holder of any invention or patent, or on account of any patented or unpatented invention, process, article, or appliance manufactured for or used in the performance of the Contract, including its use by the Owner, unless otherwise specifically stipulated in the Contract. Before final payment is made on the Contract, the Contractor shall furnish an affidavit to the Owner regarding patent rights for the project. The affidavit shall state that all fees and payments due as a result of the work incorporated into the project or methods utilized during construction have been paid in full. The Contractor shall certify in the affidavit that no other -fees or claims exist for work in this project. 8.1.3 Payment of Taxes - The Contractor shall pay and shall assume exclusive liability for all taxes levied or assessed on or in connection with the Contractor's performance of this Contract, including, but not limited to, State and local sales and use taxes, Federal and State payroll taxes or assessments, and excise taxes, and no separate allowance will be made therefore, and all costs in connection therewith shall be included in the total amount of the Contract price. 8.1.4 Payment for Labor and Materials - The Contractor shall pay and require its subcontractors to pay any and all accounts for labor including worker's compensation premiums, state unemployment and federal social security payments and other wage and salary deductions required by law. The Contractor also shall pay and cause its subcontractors to pay any and all accounts for services, equipment, and materials used by the. Contractor and its subcontractors during the performance of work under this Contract. Such accounts shall be paid as they become due and payable. If requested by the Owner, the Contractor shall famish proof of payment of such accounts to the Owner. GENERAL CONDITIONS 00700 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 53 8.2 Partial Payments In consideration of the faithful performance of the work prosecuted in accordance with the provisions of these Specifications and the Contract, the Owner will pay the Contractor for all such work installed on the basis of percentage completion. Amounts earned will be based on accepted Cost Breakdown (Section 01025, MEASUREMENT AND PAYMENT). Payments will be made by the Owner to the Contractor on estimates duly certified and approved by the Owner's Representative, based on the value of equipment installed and tested, labor and materials incorporated into said permanent work by the Contractor during the preceding month, and acceptable materials and equipment on hand (materials and equipment furnished and delivered to the site by the Contractor and not yet incorporated into the work accompanied by an approved invoice). Payments will not be made for temporary construction unless specifically provided for in the Contract Documents. Partial payments will be made monthly based on work accomplished as of a day mutually agreed to by the Owner and the Contractor. The Contractor shall submit its estimate of the work completed during the prior month and the work completed to date in a format corresponding to the accepted cost breakdown. Additionally, the Contractor shall submit a detailed statement of the Contractor's request for payment of acceptable materials and equipment on hand in compliance with Paragraph 00700-8.3, Partial Payments - Inclusion of Materials on Hand. Upon receipt of Contractor's requests for payment, the Owner shall act in accordance with the following: (a) The Owner's Representative shall review the submitted estimates, as soon as practical after receipt for the purpose of determining that the estimates are a proper request for payment, and shall prepare a certified estimate of the total amount of work done and acceptable materials and equipment on hand. (b) Any request for payment determined not to be a proper shall be returned to the Contractor as soon as practicable, but not later than seven (7) days after receipt. A request for payment returned pursuant to this paragraph shall be accompanied by a document setting forth in writing the reasons why the request for payment is not proper. (c) The number of days available to the Owner to make a payment without incurring interest pursuant to this section shall be reduced by the number of days by which the Owner exceeds the seven (7) day return requirement set forth in subdivision (b) above. If requested, the Contractor shall provide such additional data as may be reasonably required to support the partial payment request. The Owner's Representative will be available to meet to discuss the partial payment request prior to its resubmittal(s). When the Contractor's estimate of amount earned conforms with the Owner's Representative's evaluation, the Owner's Representative will calculate the amount due the Contractor, prepare the progress payment request for signature by the Contractor, and submit the recommended progress payment request for the Owner's approval and processing. Payment will be made by the Owner to the Contractor in accordance with Owner's normal accounts payable procedures; the Owner shall retain amounts in accordance with Paragraph 00700-8.4, Right to Withhold Amounts. GENERAL CONDITIONS 00700 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 54 t i 1 t I I I 1 I I I I 1 I I I I 1 I 1 I 1 I 1 1 1 I r r I i No such estimate or payment shall be required to be made, when in the judgment of the Owner's Representative, the Work is not proceeding in accordance with the provisions of the Contract, or when in the Owner's Representative's judgment the total value of the Work done since the last estimate amounts to less than One Thousand Dollars ($1,000.00). Subject to the provisions of this section, the Owner shall pay the Contractor within thirty (30) days after receipt of undisputed and properly submitted requests for payment from the Contractor. In accordance with 'Public Contract Code Section 20104.50, if the Owner fails to pay an undisputed request for payment within the allotted thirty (30) days, the Owner shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure. 8.3 Partial Payments - Inclusion of Materials on Hand Materials, as used herein, shall be considered to be those items which are fabricated and manufactured goods and equipment. Only those materials for which the Contractor can transfer clear title to the Owner will be qualified for partial payment. The Contractor may request payment of seventy-five (75) percent of the actual net cost of these materials. To receive partial payment for materials and equipment delivered to the Site, but not incorporated in the Work, it shall be necessary for the Contractor to submit to the Owner's Representative a list. of such materials, at least seven (7) days prior to submitting the monthly estimate of amount earned for work completed. At the Owner's Representative's sole discretion, the Owner's Representative will approve items for which partial payment is to be made subject to the following: a. Only equipment or materials which have received favorable review of shop drawings will qualify. b. Eligible equipment or materials must be delivered and properly stored, protected, and maintained in a manner favorably reviewed by the Owner's Representative, 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 of suppliers, or other documentation requested by the Owner's Representative. d. Materials or equipment delivered to the Site less than thirty (30) days prior to their scheduled incorporation in the Work shall not qualify. e. Final payment shall be made only for materials actually incorporated in the Work. Upon acceptance of the Work, all materials remaining for which advance payments had been made shall revert to the Contractor, unless otherwise agreed, and partial payments made for these items shall be deducted from the final payment for the Work. f. Partial payments for materials and equipment on hand shall not be deemed to be final payment for the material nor relieve the Contractor of its obligations under the Contract. g. Partial payments for materials and equipment on hand shall be subject to retention in accordance with Paragraph 00700-8.4., Right to Withhold Amounts. GENERAL CONDITIONS 00700 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 55 8.4 Right to Withhold Amounts 8.4.1 Retention - The Owner will deduct from each partial payment and retain as part security, ten (10) percent of the amount earned until the final payment. The Owner is entitled to retain ten (10) percent of the Contract Price for 35 days after it records the Notice of Completion. Pursuant to Public Contract Code Section 22300, for monies earned by the Contractor and withheld by the Owner to ensure the performance of the Contract, the •Contractor, may, at his or her option, choose to substitute securities meeting the requirements of said Section 22300. In the event the Contractor wishes tochoose this option, the Contractor shall enter into an escrow agreement with the Owner, and the escrow agent, a qualified bank to be chosen by Owner, in the form of the agreement included in the project specifications. The costs of such escrow shall be paid by the Contractor. The securities to be deposited in said escrow account shall be equivalent, in fair market value, to the amount to be withheld as performance retention. The securities shall be held in accordance with the provisions of Public Contract Code Section 22300, and the implementing agreement., Contractor shall have the obligation of ensuring that such securities deposited are sufficient so as to maintain, in total fair market value, an amount equal to the cash amount of the sums to be withheld under the Contract. If, upon written notice from the Owner, -or from the appropriate escrow agent, indicating that the fair market value of the securities has dropped below the dollar amount of monies to be withheld by the Owner to ensure performance, Contractor shall, within five days of the date of such notice, post additional securities as necessary to ensure that the total fair market value of all such securities held by the Owner, of in escrow, is equivalent to the amount of money to be withheld by the Owner under the Contract. Any Contractor wishing to exercise this option shall give notice in writing to Owner, and shall thereafter execute an escrow agreement in the following form: GENERAL CONDITIONS 00700 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 56 I I I I I I i 1 1 I I I 1 L I I I I I I I ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION This Escrow Agreement is made and entered into 2005, by and between; whose address is hereinafter called "Owner", and whose address is hereinafter called "Contractor", and whose address is . hereinafter called "Escrow Agent." For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows: 1. Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities which meet the requirements set forth in said Section 22300, with Escrow Agent, as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between Owner and Contractor for in the amount of dated (hereinafter referred to as the "Contract"). Alternatively, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 days of the deposit. The market ,value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of Owner, and shall designate the Contractor as the beneficial owner. 2. Owner shall make progress payments to Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. • 3. When the Owner makes payment of retentions earned directly to the Escrow Agent the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this Contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly. 4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account, and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor. GENERAL CONDITIONS 00700 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 57 7. The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven days' written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner. 8. Upon receipt of written notification from the Owner certifying that the Contract is fmal and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (4) to (6), inclusive, of this Agreement, and Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: On Behalf of Owner: On Behalf of Contractor: Title Title Name Name Signature Signature Address Address On Behalf of Escrow Agent: Title Name Signature Address GENERAL CONDITIONS 00700 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 58 I I I I 1 1 I I r I 1 I 1 1 I I I 1 I I At the time the Escrow Account is opened, Owner and executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed first set forth above. Contractor shall deliver to the Escrow Agent a fully this Agreement by their proper officers on the date OWNER: CONTRACTOR: Title Title Name Name Signature Signature GENERAL CONDITIONS O'Neill Slough Tide Gate Reconstruction (Project No: 466237) Page 59 00700 8.4.2 Other Withholds - In addition to the amount which the Owner may otherwise retain under the Contract, the Owner may withhold a sufficient amount or amounts of any payment or payments otherwise due the Contractor, as in its judgment may be necessary to cover: a. Payments which may be past due and payable for just claims against the Contractor or any subcontractor for labor or materials furnished for the performance of this Contract. b. Defective work not remedied. c. Failure of the Contractor to make proper payments to its subcontractors or suppliers. d. A reasonable doubt that the Contract can be completed for the remaining contract balance. e. Damage to another Contractor or third party, or to property. f. Failure of the Contractor to keep its work progressing in accordance with its progress schedule or maintaining current "As -Built" record drawings. g. The Owner's costs for the Contractor's failure to complete within the allowed time. h. Cost of insurance arranged by the Owner due to cancellation or reduction of the Contractor's insurance. i. Failure of the Contractor to make proper submissions, as herein specified. j• Failure to submit, revise, resubmit, or otherwise conform to the requirements herein for preparing and maintaining a construction schedule. k. Payments due the Owner from the Contractor. 1. - Reduction of Contract Amount because of modifications. m. The Contractor's neglect or unsatisfactory prosecution of the work including failure to clean up. n. Provisions of law that enable or require the Owner to withhold such payments in whole or in part. When the above reasons for withhold amounts are removed, payment may be made to the Contractor for amounts withheld. The Owner in its discretion may apply any withheld amount or amounts to the payment of valid claims. In so doing, the Owner shall be deemed the agent of the Contractor, and any payment so made by the Owner shall be considered as a payment made under the Contract by the Owner to the Contractor, and the Owner shall not be liable to the Contractor for such payment made in good faith. Such payments may be made without prior judicial determination of the claim or claims. The Owner will render to the Contractor a proper accounting of such funds disbursed in behalf of the Contractor. GENERAL CONDITIONS 00700. O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 60 I I 1 I I I I I I I I 1 I I I I I I I 1 1 I 8.5 Blank 8.6 Completion, Final Inspection and Payment Upon completion of the Work, and upon completion of final cleaning, the Contractor shall so notify the Owner's Representative in writing. Upon receipt of the notification, the Owner's Representative, and the Owner will make the fmal inspection, to deterniine the actual status of the Work in accordance with the terms of the Contract. If materials, equipment, or workmanship are found which do not meet the terms of the Contract, the Owner's Representative shall prepare a punch list of such items and submit it to the Contractor. Following completion of the corrective work by the Contractor, the Owner's Representative shall notify the Owner that the Work, has been completed in accordance with the Contract. Final determination of the acceptability of the Work shall be made by the Owner. After completion of the work, but prior to its acceptance by the Owner, the last partial paymenf will be made to the Contractor in accordance with Paragraph 00700-8.2, Partial Payments. After receipt of the last partial payment, but prior to acceptance of the Work by the Owner, the Contractor shall send a letter to the Owner's Representative. The letter, pursuant to California Public Contract Code Section 7100, shall state that acceptance of the final payment described below shall operate as and shall be, a release to the Owner, the Owner's Representative, the Design Consultant, and their duly authorized agents, from all claim of and/or liability to the Contract arising by virtue of the Contract related to those amounts. Disputed Contract claims in stated amounts previously filed as provided in Paragraph 00700-7.3.2, Claims, may be specifically excluded by the Contractor from the operation of the release. Following receipt of all required submittals and the Owner's Representative's written statement that construction is complete and recommendation that the Owner accept the project, the Owner will take formal action on acceptance. Within ten (10) days of the acceptance by the Owner of the completed work embraced in the Contract, the Owner will cause to be recorded in the office of the County Recorder a Notice of Completion. Thirty-five (35) days after recording the Notice of Completion of the work involved in the Contract, the Owner will pay the Contractor in lawful money such sums of money as may be due the Contractor including all sums retained but excluding such sums as have previously been paid the Contractor. This payment will constitute the final payment to the Contractor under this Contract. 8.7 Warranty of Title No material, supplies, or equipment for the work under this Contract shall be purchased subject to any chattel mortgage, security agreement, or under a conditional sale or other agreement by which an interest therein or any part thereof is retained,by the seller or supplier. The Contractor warrants good title to all material, supplies, and equipment installed or incorporated in the work and agrees upon completion of all work to deliver the premises, together with all improvements and appurtenances constructed or placed thereon by the Contractor, to the Owner from any claim, liens, security interest, or charges, and further agrees that neither the Contractor nor any person, firm, or corporation furnishing any materials or labor for any work covered by this Contract shall have any right to a lien upon the premises or any improvement or appurtenances thereon. GENERAL CONDITIONS 00700 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 61 9.0 EXISTING UTILITIES 9.1 General Pursuant to Government Code Section 4216, et. seq., the Contractor shall notify the appropriate required notification center. 9.2 Notification and Location At least two (2) working days before performing any excavation work, the Contractor shall request the utility owners to mark or otherwise indicate the location of their service. It shall be the Contractor's responsibility to determine the exact location and depth of all utilities, including service connections, which have been marked by the respective owners and which the Contractor believes may affect or be affected by the Contractor's operations. If no pay item is provided in the Contract for this work, full compensation for such work shall be considered as included in the prices bid for other items of work. 9.3 Damage and Protection The Contractor shall immediately notify the Owner's Representative and utility owner of any damage to a utility. The party responsible for the cost of repairing and/or relocating damaged utility shall -be as follows: Description Responsible Party A. Utility mains delineated incorrectly on Owner's Owner/Utility Company plans B. Utility mains delineated correctly on Owner's Utility Company plans but information provided incorrectly by utility company C. Utility mains not shown on Owner's plan Utility Company D. Utility mains incorrectly marked in the field by Utility Company utility company E. Utility mains correctly marked and/or delineated Contractor on Owner's plans F. Utility service laterals whether indicated or not Contractor indicated on plans and whether correctly or incorrectly shown on Owner's plans GENERAL CONDITIONS 00700 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 62 1 i I I 1 I I I 1 I 1 I 1 I 1 1 1 1 1 1 1 1 9.4 Utility Relocation and Rearrangement The right is reserved to the Owner and the owners of utilities or their authorized agents to enter upon the Work area for the purpose of making such changes as are necessary for the rearrangement of their facilities or for making necessary connections or repairs to their properties. The Contractor shall cooperate with forces engaged in such work and shall conduct its operations in such a manner as to avoid any unnecessary delay or hindrance to the work being performed by such forces and shall allow the respective utilities time to relocate their facility. The Contractor assumes responsibility for the removal, relocation, or protection of existing facilities wherein said facilities are identified by the Plans, field located by a utility company, or as provided for in the General Requirements. The Contractor shall coordinate with the owner of utility facilities for the rearrangement of said facilities. In the event that underground utilities are found that are not shown in the Contract Documents or are found to exist in a different location than shown in the Contract Documents, the Contractor shall: (1) notify the Owner's Representative of the existence of said facilities immediately; and (2) take steps to ascertain the exact location of all underground facilities prior to doing work that may damage such facilities. Requests for extensions of time arising out of utility rearrangement delays shall be determined by Owner's Representative. In accordance with Government Code Section 4215 the Contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay is caused by the failure of the Owner or utility company to provide for the removal or relocation of facilities for which they are the responsible party as defined in Paragraph 00700-9.3 Damage and Protection. Where it is determined by the Owner's Representative that the rearrangement of an underground main, the existence of which is not shown on the Plans, Specifications, or in the General Requirements, is essential in order to accommodate the contemplated improvement, the Owner's Representative will provide for the rearrangement of such facility by other forces or by the Contractor in accordance with the provisions of Paragraph 00700-7.1, Change Orders. When the General Requirements, Specifications, or Plans indicate that a utility is to be relocated, altered or constructed by others, the Owner will conduct all negotiations with the utility company and the work will be done at no cost to the Contractor. Temporary or permanent relocation or alteration of utilities desired by the Contractor for its own convenience shall be the Contractor's responsibility and it shall make arrangements and bear all costs. **END OF SECTION** GENERAL CONDITIONS 00700 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 63 SECTION 00810 MODIFICATIONS TO GENERAL CONDITIONS 1.0 CONTRACT ADMINISTRATION The following are designated: 1.1 Name of Owner's Representative 1.1.1 Susanna Chan, Project Manager 1.2 Name of Design Consultants 1.2.1 Civil Engineer: Schaaf & Wheeler Consulting Civil Engineers 1.2.2 Structural Engineer: Biggs Cardosa Associates 1.2.3 Geotechnical Engineer: Lowney Associates 1.2.4 Ecological Consultants: H.T. Harvey and Associates 2.0 TIME ALLOWED FOR COMPLETION In accordance with the provisions of Paragraph 00700-6.2, Time of Completion, substantial completion of this project shall be completed within 180 consecutive calendar days from the effective date of the Notice to Proceed. 3.0 DAMAGES FOR DELAYS In accordance with the provisions of Paragraph 00700-6.5, Liquidated Damages for the period of time that any portion of the work remains unfinished after the time fixed for completion in the Contract documents, as modified by extensions of time granted by the Owner, it is understood and agreed by the Contractor and the Owner that the Contractor shall pay the Owner one thousand dollars ($1,000) per day liquidated damages. 4.0 WEATHER DAYS In accordance with the provisions of Paragraph 00700-6.4.2.c, Weather Delays, an allowance of 20 working days/year of weather caused delay is provided. The weather day allowance shall be prorated for periods of less than a full year. For contract times greater than one year, the weather day allowance shall be 20 working days/each full year plus the prorated amount for any partial year portion. **END OF SECITON** MODIFICATIONS TO GENERAL CONDITIONS 00810 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 64 1 1 1 1 1 1 1 1 SECTION 00820 LIABILITY AND INSURANCE REQUIREMENTS 1.0 GENERAL The Contractor shall not commence any work under the Contract until he/she has obtained at his/her expense all insurance required by this Contract and such insurance has been approved by the Owner; nor shall the Contractor allow any Subcontractor to commence work on any Subcontract until the same insurance requirements have been complied ' with by each Subcontractor. Such insurance shall remain in full force and effect on all phases of the work, whether or not occupied or utilized by the Owner until all work under the Contract is completed and has been accepted by the Owner. Any insurance endorsements necessary to permit portions of the work by the Owner shall be secured by the Contractor. Any changes in the insurance requirements shall be subject to the prior written approval of the City Attorney. Owner shall be permitted to withhold funds due or that may be due for required insurance premiums. 2.0 CONTRACTOR'S RESPONSIBILITY Nothing contained in the insurance requirements shall be construed as limiting the extent of the Contractor's responsibility for payment of damages resulting from his operations under the Contract. Contractor agrees that he alone shall be completely responsible for procuring and maintaining full insurance coverage as provided herein or as may be otherwise required by the Contract. Any approval by the Owner or Owner's Representative shall not operate to the contrary. 2.1 Maintenance Period Any surety and insurance bearing on adequacy of performance and liability shall be maintained after completion of the Project for the full maintenance period. 2.2 Types, Limits and Amounts of Insurance - The Contractor shall procure and shall maintain for the period of the Contract the following types of insurance in the form, minimum limits and amounts herein specified or as may be otherwise required by the Contract Documents. Any deductibles associated with such insurance shall be solely for the account of and the responsibility of the Contractor and shall be disclosed in writing to the Owner. 2.2.1 Workers' Compensation Including Occupational Disease, and Employer's Liability Insurance - The Contractor shall maintain during the life of his Contract Statutory Workers' Compensation Insurance in strict accordance with requirements of the most current and applicable California State Workers' Compensation Laws and Labor Code 1861 for all of his/her employees to be engaged in work under this Contract, and in case any work is sublet, the Contractor shall require each subcontractor similarly to provide Workers' Compensation for the latter's employees engaged in such work unless such employees are covered by the protection afforded by the Contractor's Insurance. In case any class of employees engaged in hazardous work under, this Contract is not protected under the Workers' Compensation Statute, the Contractor shall provide, and shall cause each Subcontractor to provide, adequate Employer's Liability Insurance for the protection of the employees not otherwise protected. LIABILITY AND INSURANCE REQUIREMENTS 00820 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 65 2.2.2 Public Liability and Property Damage Insurance - The Contractor shall procure and shall maintain during the life of this Contract full Commercial General Liability Insurance coverage. This coverage shall provide protection from any and all claims for damages for personal injury and bodily injury, including in part sickness, disease, or death and from claims for damages to property, which may arise directly or indirectly out of, or in connection with, the performance of work under this Contract by the Contractor, or by any subcontractors or anyone directly or indirectly employed by either of them or under the control of either of them, and the minimum amount of such insurance shall be as follows: (a) Public Liability and Property Damage Insurance in an amount not less than Two Million ($2,000,000) Dollars per person, Two Million ($2,000,000) Dollars per occurrence for damages arising out of personal injury, property damage, and bodily injury, including in part: sickness, disease,.or death and subject to an annual aggregate limit of not less than Two Million ($2,000,000) Dollars. The aggregate limit is to apply on a per job basis. The Property Damage portion of this coverage shall not exclude coverage for explosion, collapse, and underground exposures. A policy endorsement shall name the City of San Mateo/Estero Municipal Improvement District/City of Foster City, and each of its boards, commissions, officers, agents, and employees as additional insured. 2.2.3 Automobile Liability and Property Damage Insurance - The Contractor shall procure and shall maintain during the life of this Contract, Comprehensive Automobile Liability and Property Damage Insurance coverage on all self-propelled vehicles used in connection with the Contract, whether owned, non -owned, or hired. The liability limits• shall be not less than One Million ($1,000,000) Dollars per person, One Million ($1,000,000) Dollars per occurrence for injury or death; and Property Damage limits of not less than Two Million ($2,000,000) Dollars in any one occurrence. A policy endorsement shall name the City of San Mateo/Estero Municipal Improvement District/City of Foster City, and each of its boards; commissions, officers, agents, and employees as additional insured. 2.3 Contractual Liability Coverage Each and every policy for liability insurance carried by each Contractor and subcontractor shall include coverage for liability assumed under Contract to be sufficiently broad to insure the provision title "HoldHarmless and Indemnity" hereinafter set forth. 2.4 Hold Harmless and Indemnity The Contractor agrees (1) to hold harmless and indemnify City of San Mateo and its officers and employees including the Owner's Representative, from and against any and all claims, loss, liability, damage, and expense arising from performance of this contract, including claims, loss, liability, damage, and expense caused or claimed to be caused by passive negligence of City of San Mateo/Estero Municipal Improvement District/City of Foster City, and each of its officers, employees or representatives, and; (2) to defend City of San Mateo/Estero Municipal Improvement District/City of Foster City, and each of its officers, employees or representatives, there against; provided, however that this provision does not apply to claims, loss, liability, damage or expense arising from (a) the sole negligence or willful misconduct of City of San Mateo/Estero Municipal Improvement District/City of Foster City or (b) the active negligence of City of San Mateo/Estero Municipal Improvement District/City of Foster City; further provided, that this provision shall not affect the validity of any insurance contract, workers compensation or agreement issued by an admitted insurer as defined by the Insurance Code. LIABILITY AND INSURANCE REQUIREMENTS 00820 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 66 2.5 Insurance Standards All surety and insurance required hereunder shall be with companies with a Best Rating of A:VII or better at all times, and licensed by the State of California. If any modifiers are attached to a A:VII rating of such a company, the Owner shall be entitled to review that modifier's basis and require a better rated insurer. All such policies shall be written as primary policies, not contributing with and not in excess of coverage which Owner may carry. If said policies contain any exclusion concerning property in the care, custody or control of the insured, an endorsement shall be attached thereto stating that such exclusion shall not apply with regard to any liability of the Owner, its officers, agents, or employees. 2.6 Evidence of Insurance Before commencement of any work, the Contractor shall submit written evidence that the minimum insurance required by the Contract Documents has been obtained. Such written evidence shall be in the form of an Endorsement of Insurance executed by the Contractor's insurance carrier showing such policies in force for the specified period and by furnishing a copy of the actual policy or policies. Each certificate shall contain an endorsement or statement waiving right of cancellation or reduction in coverage unless 30 days prior written notice is given to the Owner by registered or certified mail. At a minimum, the following will be provided: (a) An original copy of the Owner's Protective Liability policy shall be furnished to the Owner. (b) Copies of Endorsements to the Commercial and Automobile Liability policies evidencing to the additional insured coverage required by this Contract. (c) Waive subrogation rights. 2.7 Insurance Renewal Contractor shall automatically renew any policy which expires during the performance of this Contract and notify the Owner by appropriate certificate and endorsement of such renewal prior to expiration date. **END OF SECTION" LIABILITY AND INSURANCE REQUIREMENTS 00820 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 67 SECTION 01010 SUMMARY OF WORK 1.0 WORK COVERED BY CONTRACT DOCUMENTS The project consists of the reconstruction of an existing concrete tide gate structure, raising an earthen levee, building new concrete floodwalls, and rebuilding a bicycle/pedestrian path. The project is .located within an environmentally sensitive slough environment subject to both freshwater and tidal flooding. The work includes per plan: • Demolition of existing reinforced concrete structure, steel railings, and mechanical gates. • Clearing and grubbing of existing earthen levee features, per specification, including removal of asphalt concrete path and fill material only as necessary for construction of new levee section per plans and specifications. • Protection of existing high voltage underground electric utility throughout demolition and construction activities. • Dewatering and the construction of all temporary cofferdams and shoring structures required to complete the work. • Driving precast concrete piles through an existing concrete slab per plan. • Erosion control and site protection measures shown on the plans, specified herein, or required by regulatory agencies. • Compacted engineered fill as shown on the drawings and specified herein. • Reinforced concrete structures and appurtenances, complete and in place, as described by the plans and specifications. • Paved and unpaved roads and pathways, fences and gates, signage, and other civil improvements. • Soil preparation and/or amendment and/or importation, and planting as required for the construction of the site revegetation plan. • Other miscellaneous and incidental improvements for a complete facility. 2.0 WORK SEQUENCE AND CONSTRAINTS 2.1 PG&E Constraints A. The Contractor shall note the existence of a four -conduit 3 -phase, 22,000 -volt underground electric line that interferes with the proposed work. This high voltage electric utility shall not be de -energized or otherwise disturbed without the direct written consent of PG&E. The intent of the project plans is to protect this utility in place throughout construction with minimal shutdown. SUMMARY OF WORK 01010 O'Neill Slough Tide Gates Reconstruction (Project No. 466237) Page 68 1 1 1 1 1 t 1 1 1 1 B. Within twenty working days of the Notice to Proceed, Contractor shall prepare and submit a detailed plan for utility protection throughout the duration of the work. Contractor shall contact Mr. Walt McElroy of PG&E (650-598-7379) to obtain utility requirements for facility protection. The costs for significant utility disruption shall be born solely by the Contractor. C. Prior to tide gate structure demolition, the Contractor shall pothole in the vicinity of the underground electric utility to ascertain the location, depth, size and condition of each conduit. Discrepancies from the plans shall be brought to the immediate attention of the Owner. D. Overhead power utilities are also present at the project work site. Contractor shall insure a minimum clearance between the power lines and the work at all times as dictated by OSHA regulations. 2.2 Site Use and Construction Restrictions A. Construction activities may be constrained by the presence of nesting birds in the months of February through August. Owner will be monitor bird populations under separate contract; disruptions to construction will be treated as an excusable delay as defined in Section 00700- 6.3.3; and a time extension will be granted as provided for in Section 00700-6.4.2. B. The tide gate and adjacent levees provide pedestrian and vehicular access to the public and private property owners. Contractor shall coordinate with the Owner to provide reasonable access during construction, including access to the adjacent. radio towers and billboards. Vehicular access through the project site to adjacent billboards south of the project site shall not be disrupted for more than 30 calendar days. This constraint shall be addressed in the work plan described by Section 01010-2.3. Construction impacts due to known site access constraints shall be considered by the Contractor when making his bid, andthe costs associated with such constraints shall not be compensated for beyond the provisions contained herein. C. Work shall begin on October 3, 2005. Contractor shall in the work plan prepared in Paragraph 2.3 of this Section, address construction during the winter seasonal period defined as November 1 through March 31. The Owner retains the right to accept or reject any such plan, in whole or in part. Acceptance by Owner shall not constitute a guarantee or endorsement of any kind that such work will be feasible, economical, or not subject to cost increase and/or delay caused by weather or other factors. Seasonal construction impacts shall be considered by the Contractor when making his bid, and winter delays shall not be compensated for beyond the provisions contained herein. 2.3 Work Plan A. Contractor shall submit a Work Plan for review and approval by the City, fully describing the proposed procedures to conform to these requirements. B. The permits at the end of this section, appendices A -D, contain additional constraints on the Contractor's work sequence and timing. These constraints shall be incorporated into the Contractor's schedule and work plan. If there is a conflict with any provision of the Contract Documents and permit requirements, permit requirements shall govern. SUMMARY OF WORK 01010 O'Neill Slough Tide Gates Reconstruction (Project No. 466237) Page 69 C. Representatives of the regulatory agencies that have issued permits shall be allowed access to all parts of the construction work. 3.0 OCCUPANCY REQUIREMENTS None 4.0 OCCUPANCY Not a part of this specification. 5.0 OWNER FURNISHED MATERIALS None 6.0 TRENCH EXCAVATION Not part of the work. 7.0 WORK UNDER OTHER CONTRACTS PG&E has easements to maintain their overhead and underground utilities within the project site. Should PG&E perform such maintenance of other work concurrently with the Contractor's work under this Contract. Contractor shall make reasonable efforts to accommodate access for this work, including meetings to coordinate with PG&E. 8.0 CONTRACTOR'S WORK PERCENTAGE The Contractor shall perform at least 51 percent of the Contract bid amount: This portion of work shall encompass the performance of work by the Contractor's forces and equipment and the procurement of materials and equipment by the Contractor. Subcontractors shall not ,be responsible for the performance of any work or procurement of materials and equipment within the above Contractor's work percentage allotment. 9.0 UNDERGROUND FACILITIES The Contractor is responsible for coordinating all project documentation, including but not necessarily limited to, the Contract Documents, and existing record drawings for the determination of the location of all underground facilities. The Contractor shall exercise care in all excavations to avoid damage to existing underground facilities. This shall include potholing or hand digging in those areas where. underground facilities are known to exist until they have been sufficiently located to avoid damage to the facilities. Particular attention shall be given to Paragraph 2.1 of this section. No additional compensation shall be provided the Contractor for compliance with the provisions of this section or for the damage and repair of facilities due to the lack of such care. **END OF SECTION** SUMMARY OF WORK 01010 O'Neill Slough Tide Gates Reconstruction (Project No. 466237) Page 70 Appendix A 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 Requirements of San Francisco Regional Water Quality Control Board SUMMARY OF WORK 01010 O'Neill Slough Tide Gates Reconstruction (Project No. 466237) Page 71 a a a - a a a a s a a a a a a a a a MN California Regional Water Quality Control Board San Francisco Bay Region • Alan Lloyd Secretary for Environmental Protection RECEIVED JAN 3.1 2005 CITY OF SAN MATED PUBLIC WORKS DEPARTMENT Ms. Susanna Chan City of San Mateo Department of Public Works 330 West 20th Avenue San Mateo, CA 94403 1515 Clay Street, Suite 1400, Oakland, California 94612 Phone (510) 622-2300 sr FAX (510) 622-2460 http://www.waterboards.ca.gov/sanfranciscobay Date: JAN 3 7 2005 File No. 2178.07(HTK) Site No. 02-41-00434 Arnold Schwarzenegger Governor G C.lwo t� SUBJECT: CONDITIONAL WATER QUALITY CERTIFICATON FOR O'NEILL TIDE GATE/LEVEE RECONSTRUCTION PROJECT, CITY OF SAN MATEO, SAN MATEO COUNTY Dear Ms. Chan: • I hereby issue certification to improve levee flood protection and reconstruct a deteriorating tide - gate structure at Marina Lagoon and O'Neill Slough in the City of San Mateo, San Mateo County. The. City of San Mateo Department of Public Work (the City) has.applied to the U.S. Army Corps of Engineers for Nationwide Permits 3(i), Maintenance and 33, Temporary Construction, Access and Dewatering, pursuant to section 404 of the Clean Water Act (33 U.S.C. Section 1344) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C. Section 403). As such, you have also applied to the Regional Water Board for a Clean Water Act Section 401 water quality certification that the project will not violate State water quality standards. Project: On September 8, 2004, H.T. Harvey & Associates, on behalf of the City, submitted an application to improve a flood protection levee and reconstruct a deteriorating tide -gate structure at Marina Lagoon and O'Neill Slough in the City of San Mateo. The purpose of the project is to raise the crest elevation of the existing levee from approximately 104 ft. to 107 ft. to improve levee flood protection and meet Federal Emergency Management Agency (FEMA). The proposed project also includes removal and replacement of an existing, deteriorating tide -gate structure. The improved levee will be constructed from imported, suitable, engineered fill. A typical earth moving, heavy equipment, such as front-end loaders, dozers, and dump trucks will be utilized to construct the new levee segment The fill material will be compacted in lifts to 95% compaction: The proposed project also includes grading to improve the gravel road adjacent to U.S. Highway 101 in the southeast corner of the project site. There will be about 0.0087 acres of temporary impacts to section 404 wetlands due to the grading activities. Preserving, enhancing, and restoring the San Francisco Bay Area's waters for over 50 years Qd Recycled Paper Ms. Chan Site No. 02-41-00434 . O'Neill Tide Gate/Levee Reconstruction Page The reconstruction of the tide -gate will be mainly inside the footprint and on the concrete. foundation of the existing structure. There will be very small permanent impacts due to filling of about 0.002 acres of jurisdictional open waters within the Marina Lagoon on the inboard side of - the existing structure's concrete foundation. Impacts: The impacts to water quality associated with the project activities are very minimal. Overall, there will be about 0.0087 acres temporary impacts to wetlands and other waters of the State due to the grading activities to improve the levee flood protection. There will also be about 0.002 acres of permanent impacts due to filling of open waters within the Marina Lagoon. Mitigation: The City plans to restore and vegetate the temporarily impacted wetlands using native salt marsh ecotone species to establish suitable wetland habitat. In addition, the levee improvements design is expected to restore 5,228 square feet (0.12 acres) of salt marsh harvest mouse refugial habitat on the bayside of the newly enhanced levee. Thus, no compensatory mitigation is needed for the limited impacts of water quality provided the City carries out the proposed project as described in its application and associated reports. CEQA: On 8, 2004, the City Council of San Mateo approved a Notice of Determination for Mitigated Negative Declaration for the project in compliance with CEQA requirements. Certification: I hereby issue an order certifying that any discharge from the referenced project will comply with the applicable provisions 301 ("Effluent Limitations"), 302 ("Water Quality Related Effluent Limitations"), 303 ("Water QualityStandards and Implementation Plans"), 306- ("National Standards of Performance"), and 307 ("Toxic and Pretreatment Effluent Standards") , of the Clean Water Act, and with other applicable requirements of State law. This discharge is also regulated under State Water Resources Control Board No. 2003-0017 - DWQ, "General Waste Discharge Requirements for Dredge and Fill Discharges That Have Received State Water , Quality Certification" which requires compliance with all conditions of this Water Quality Certification. The following conditions are associated with this certification: 1. The City shall comply with all terms and conditions of the Corps' Clean Water Act Sections 404 and Section 10 of the RiversandHarbors Act of1899 and any permits or approvals of other agencies; 2. The City shall implement the project as described in the September 7, 2004, application package and enclosed documents, such as the Biological Assessment dated March 12, 2004; - 3. The City. shall implement effective best management practices, including silt fencing along the perimeter of the project, to avoid concrete and other construction material discharges to O'Neill Slough and Marina Lagoon and to minimize soil disturbance grading and construction activities. All grading and construction activities shall be conducted during the dry season between April 15 and October 15; 1 1 1 1 1 1 i t 1 Preserving, enhancing, and restoring the San Francisco Bay Area's waters for over 50 years Qa Recycled Paper Ms. Chan Site No. 02-41-00434 O'Neill Tide Gate/Levee Reconstruction - Page.3 of 4 4. The City shall keep operation equipment outside the tidal marsh, slough channels or Marina Lagoon. Operation of equipment shall be limited to work area only to minimize soil and habitat disturbance; 5. The City shall remove all debris, concrete remains, and construction materials from the project site and dispose of them offsite; 6. To the extent practicable, the City shall not remove or disturb vegetation during construction activities; 7. Upon completion of the project, the City shall restore and revegetate the work area and all disturbed soils adjacent to the project site to their natural pre -construction condition; 8. With the exception of the proposed activities, any other unauthorized discharge, or creation of a potential for discharge of any materials into the slough, Marina Lagoon the waters of the State is prohibited; or 9. This certification action is subject to modification or revocation upon administrative or 'judicial review, including review and amendment pursuant to section 13330 of the California Water Code and Section 3867 of Title 23 of the California Code of Regulations (23 CCR); 10. This certification action is not intended and shall not be construed to apply to any discharge from any activity involving a hydroelectric facility requiring a Federal Energy Regulatory Commission (FERC) license or an amendment to a FERC license unless the pertinent certification application was filed pursuant to 23 CCR subsection 3855(b) and the application specifically identified that a FERC license or amendment to a FERC license for a hydroelectric facility was being sought; and 11. Certification is conditioned upon total payment of the fee required in State regulations (23 CCR Section 3833) and owed by the applicants. The fee for the proposed project is $523 and has been paid in full. Please be aware that any violation of water quality certification conditions is subject to administrative civil liability pursuant to CWC Section 13350. Failure to meet any condition of a certification may subject the City to civil liability imposed by the Board to a maximum of $5,000 per day of violation or $10 for each gallon of waste discharged in violation of this certification. We anticipate no further action on this request. Should new information come to our attention that indicates a water quality problem with this project, the Regional Board may issue Waste Discharge Requirements pursuant to 23 CCR Section 3857. Preserving, enhancing, and restoring the San Francisco Bay Area's waters for over 50 years ea Recycled Paper Ms. Chan O'Neill Tide Gate/Levee Reconstruction Page 4 of 4 Site No. 02-41-00434 If you have any questions, please contact Habte Kifle of my staff at (510) 622-2371 or email at hkifle anwaterboards:ca.gov. cc:. Sincerely, VBruce.H. Wolfe Executive Officer Ed Wylie, USACE Tim Vendlinski (WTR-8), U. S. EPA, Region 9 Marcia Grefsrud, CDF&G 401 Program Manager,•SWRCB - DWQ Mary Bacca • H. T. Harvey &Associates 3150 Almaden Expressway, Suite 145 San Jose, CA 95118 • I 1 1 1 Preserving, enhancing, and restoring the San Francisco Bay Area's waters for over 50 years Ct Recycled Paper 1 1 1 I 1 1 11 "Habte. Kifle" < H Kifle@waterboards. ca.gov> 03/17/2005 03:25 PM Dear Ms. Chan, To: <schan@cityofsanmateo.org> cc: <dreams@cityofsanmateo.org>, <mbusnardo@harveyecology.com>, <canderson@swsv.com>, Susan Gladstone" <SGladstone@waterboards.ca.gov>, "Wil Bruhns" C WBruhns@waterboards.ca.gov> , .. Subject: Re: Request for Alternate Construction Time Thank you for updating and,notifying us about the O'Neil Slough. Tide Gate/Levee Reconstruction project. The e-mail requests extension of construction period. Although the formal construction period is between April' 15 and October 15, the City wants to perform'construction between August 15: and February 30 to avoid disturbance of Alameda song sparrows habitat during their breeding season. Water Board staff 'find your request acceptable, but you still need to contact other regulatory agencies for their approval. We issued a Section 401 water ' quality certification for the subject site on January 27, 2005, and Condition 3 will apply only to the area outside the Alameda song sparrow's breeding habitat. The project site is in a flat portion of the City and erosion might not be a major concern, but sediment transport would be. The City still needs to implement appropriate best management practices to control erosion and sediment transport during construction phase of the project. If you have any questions, please contact me. Habtemariam Kifle Water Resources Control Engineer California Regional Water Quality Control Board San Francisco Bay Region 1515 Clay Street, Suite•1400 Oakland, CA 94612 Phone: (510) 622-2371 Fax: (510) 622-2460 ' E-mail: hkifle@waterboards.ca.gov »> cschan@cityofsanmateo.org> 03/17/05 09:35AM Dear Mr. Kifle, » > Please consider this email as the City of San Mateo's request for alternate construction time for the O'Neil Slough Tide Gate/Levee Reconstruction Project (File No. 2178.07(HTK), Site No. 02-41-00434). The current time restriction for the project is April 15 to October 15. We are requesting to extend beyond October 15 based on the requirements specified in the environmental document. The Mitigated Negative Declaration states: "Construction of the proposed project during the Alameda song sparrow's breeding season may result in impacts to the nests, eggs, and /or young of the Alameda song sparrow. Implementation of the following measures will reduce this impact to a less than significant level: Mitigation Measure 6: Construction activities shall be restricted to the non -breeding season. Alameda song sparrows'may breed on -site from early March to mid August. Construction shall be•'restricted to the'August 15 through' February 30 to avoid the breeding season. If construction during the breeding season cannot be avoided, then the mitigation measure below shall be implemented. Mitigation Measure 7: Preconstruction surveys shall be conducted. If construction is to occur during the breeding season, a qualified ornithologist shall conduct preconstruction surveys no more than 15 days prior to the initiation of construction in any given area. If Alameda song sparrow nests are found to be present within or near the. construction site during the breeding season, a construction -free buffer around any active nest -shall be established. The widthofthis buffer would be determined by an experienced ornithologist. This;buffer shall be respected until . nesting has been completed."; , The City of San Mateo will implement all applicable EMPs through out the duration of this project as specified in the MND and the City's Stormwater Pollution Prevention Program Permit. Please contact me if you have any questions or need additional information. Susanna Chan Senior Engineer. City of San Mateo 330 W. 20th Avenue San Mateo, CA 94403 (650) 522-7308 (650) 522-7301 FAX 1 1 1 1 1 I 1 1 1 I 1 1 1 1 1 1 1 1 1 1 Appendix B Requirements of San Francisco Bay Conservation and Development Commission SUMMARY OF WORK 01010 O'Neill Slough Tide Gates Reconstruction (Project No. 466237) Page 72 MIN I a a OS MB all a a a M a IMO OM a all Me 1 I 1 I I I I I 1 I I The City of San Mateo anticipates receiving the BCDC permit in September 2005. r a■a a■a a11a a■11 a111111 a IO NIN S a■a IM — S a at Appendix C 1 1 1 1 1 1 1 1 I 1 I I I Requirements of United States Army Corps of Engineers SUMMARY OF WORK 01010 O'Neill Slough Tide Gates Reconstruction (Project No. 466237) Page 73 E IMO a S S S S MIr S S S S a S a S MIMI S DEPARTMENT OF THE ARMY SAN FRANCISCO DISTRICT, U.S. ARMY CORPS OF ENGINEERS 333 MARKET STREET SAN FRANCISCO, CAUFORNIA 94105-2197 JUN 4 - 2004 Regulatory Branch SUBJECT: File Number 284765 Ms. Susanna Chan City of San Mateo Department of Public Works 330 West 20th Avenue - San Mats, California 94403 Dear Ms. Chan: REcgivED JUN'j:.4 2004 • CV OF SAN MATEO PUBLIC WORKS DEPARTMENT This letter is in reference to a submittal dated March 19, 2004 received from H.T. Harvey & Associates in your behalf concerning Department of the Army authorization to impact approximately 216 square feet of Corps jurisdictional waters through the addition of approximately 8 cubic yards of engineered fill. The purpose of the proposed project is to improve levee flood protection to meet Federal Emergency Management Agency (FEMA) certification requirements and to replace the existing, deteriorating tide -gate structure. The project is on an existing levee between the northwestern terminus of an unnamed tidal slough channel and the southeastern terminus of O'Neill Slough, located between Port Royal Avenue and Highway 101 in the. City of San Mateo; San Mateo County, CA. Based on a review of the information you submitted, your project qualifies for authorization under Department of the Army Nationwide Permits 3(i), Maintenance and 33, Temporary Construction, Access and Dewatering, (67 Fed.Reg. 2020, January 15, 2002), pursuant to Section 404 of the Clean WaterAct (33 U.S.C. Section 1344) and Section 10 of the Rivers and Harbors Act of 1899 (33 U.S.C: Section 403). Theproject must be undertaken as described in the submitted permit application dated March 19, 2004 and associated "biological assessment" dated March 12, 2004. '. The project must be in compliance with the General Conditions cited in Enclosure 2 for this Nationwide Permit authorization to remain valid. Upon completion of the project and all associated mitigation requirements, you shall sign and return the Certification of Compliance, Enclosure 3, verifying that you have complied with the terms and conditions of the permit. Non- compliance with any condition could result in the revocation, suspension or modification of the authorization for your project, thereby requiring you to obtain an individual permit from the Corps. This Nationwide Permit authorization does not obviate the need to obtain other State or local approvals required by law. This authorization will remain valid for two years from the date of this letter unless the Nationwide Permit is modified, suspended or revoked. If you have commenced work or are under contract to commence work prior to the suspension, or revocation of the Nationwide Permit and the project would not comply with the resulting Nationwide Permit authorization, you have twelve (12) months from that date to complete the project under the present terms and conditions of the Nationwide Permit. This authorization will not be effective until you have obtained a Section 401 water quality certification from the San Francisco Bay Regional Water Quality Control Board (RWQCB) and a concurrence from the San Francisco Bay Conservation and Development Commission with your certification that your project will comply with California's Coastal Zone Management Act. If the RWQCB faith to act on a valid request for certification within two (2) months after receipt of a complete application, the Corps will presume a waiver of water quality certification has been obtained. If the Commission fails to act on a valid request for concurrence with your certification within six (6) months after receipt, the Corps will presume a concurrence has been obtained. You shall submit a copy of the certification and the concurrence to the Corps prior to the commencement of work. To ensure compliance with the Nationwide Permit, the following special conditions shall be implemented: 1) The permittee shall notify the Corps in writing of the anticipated start and stop dates of construction, at least 5 days prior to the initiation of construction. 2) A silt fence will be constructed along the slough side of.the.levee to preventsalt marsh harvest mice from entering the project area during work activities. 3) All materials and debris generated, as a result of the project shall be removed from the site and disposed of at an approved location outside of Corps. jurisdiction. ; 4) Mitigation of impacts will be accomplished through restoration of refugial habitat resulting in increased salt marsh harvest mouse refuge and foraging habitat for other species. 5) The permittee shall supply the Corps with a post -construction report no later.than 45 days after conclusion of the construction. The report shall document in writing and color photos the state of the site prior to initiation of construction and the condition of the site at the conclusion of the construction. Should you have any questions regarding this matter, please contact Bob Quebedeaux of our Regulatory Branch at 415-977-8446 or bob.d:quebedeaux@spd02.usace.army.mil. Please address all correspondence to the Regulatory Branch and refer to the File Number at the head of this letter. If you would like to provide comments on our permit review process, please complete the Customer Survey Form available through the Forms and Contacts Block on our website: www.spn.usace.army.mil/regulatory/ Sincerely, M' Edward A. Wylie Chief, South Section Enclosures I I 1 1 1 I i I I I I I I I I I I I I I I I I I 2002 Nationwide Permits (effective 18 March 2002) 3. Maintenance.. Activities related to: (i) The repair, rehabilitation, or replacement of, any. previously authorized, currently serviceable,- structure, or fill,'or of any currently serviceable structure.or;fill •• authorized by 33 CFR Part 330.3, provided that the.structure or fill is not to be'put to uses differing from those uses specified or contemplated for it in the original -permit or the most recently authorized modification. Minor deviations in the structure's configuration or filled area including those due to changes in materials, construction techniques,_ or current construction codes or safety standards which are necessary -to make repair, rehabilitation, or replacement: are permitted, provided'the adverse environmental effects.resulting from such repair, rehabilitation, or replabement are -minimal. Currently serviceable means useable as is or with some maintenance, but not so degraded as to essentially•require reconstruction. This NWP authorizes the -repair, rehabilitation, or replacement of those structures or fills destroyed or damaged by storms, floods, fire or other discrete events, provided the repair, rehabilitation, or replacement is commenced, or is under - contract to commence, within two years of the date of their- - destruction or damage. In cases of catastrophic events, such as hurricanes or tornadoes, this two-year limit may be waived by the District Engineer, provided the permittee can demonstrate funding, contract, or other similar delays. (ii) Discharges of dredged or fill material, including excavation, into all waters of the U.S. to remove accumulatedsediments and debris in the vicinity of, and within, existing structures (e.g., bridges, culverted road crossings, water intake structures, etc.) and the placement of new or additional riprap to protect the'structure, provided the -permittee notifies the District Engineer in accordance with General Condition 13. The removal of sediment is limited to the minimum necessary to restore the waterway in the immediate vicinity of the structure to the approximate dimensions that existed when the structure was built, but cannot extend further than 200 feet in any direction from the structure. The, placement of rip -rap must be the minimum necessary to protect the structure or to ensure the safety of the structure. All excavated materials must be deposited and retained in an upland area unless otherwise specifically approved by the District Engineer under separate authorization. Any bank stabilization measures not directly associated with the structure will require a separate authorization from, the District Engineer. 2002 Nationwide Permits (effective 18 March 2002) (iii) Discharges of dredged or fill material,_ including excavation, into all waters of the U.S. for activities associated with the restoration of upland areas damaged by a storm, flood, or other discrete. event, including the construction, placement, or installation of upland protection structures and minor: dredging to remove obstructions in a water of the U.S. (Uplands lost as.a result of a storm, flood,. or - other discrete event can bet replaced without a Section 404 permit provided the uplands are restored •to,their•original pre - event location. This NWP is for the activities in waters of the U.S.. associated with the replacement of. the uplands.). The permittee must notify the District Engineer, in accordance with General Condition, 13, within 12 months of the date of the damage and the work must commence, orbe under contract. to .commence, within two years ofthedate of the damage. The permittee should provide evidence, such as a recent topographic survey or photographs, to justify the extent of the proposed restoration. The restoration of the damaged areas cannot exceed the contours, or ordinary high water mark, that existed before the damage. The District Engineer retains the right to determine the extent of the pre-existing conditions and the extent of any restoration work authorized_ by this permit. Minor dredging to remove obstructions from the adjacent waterbody is limited to 50 cubic yards below the plane of the ordinary high water mark, and is limited to the amount necessary to restore the pre-existing bottom contours of the waterbody: The dredging may not be done primarily to obtain fill for any restoration activities. The discharge of dredged or fill material and all related work needed to restore the upland must be part of a single and complete project. This permit cannot be used in conjunction • with NWP 18 or NWP 19 to restore damaged upland areas. This permit cannot be used to reclaim historic lands lost, over an extended -period, to normal erosion processes. This permit does not authorize maintenance dredging for the primary. purpose of navigation and beach restoration. This permit does not authorize new stream channelization or stream relocation projects. Any work authorized by this permit must not'cause more than minimal degradation of water quality, more than minimal changes to the flow characteristics of the stream, or increase flooding. (See General Conditions 9 and 21.). (Sections 10 and 404) Note: This NWP authorizes the repair, rehabilitation, or replacement of any previously authorized structure or fill that does not qualifyfor the Section 404(f) exemption for maintenance. 4 1 1 1 1 1 1 1 1 1 r 1 1 I 1 r 1 1 I I I I I I I I I I I I I I I I I I I Enclosure 2 Nationwide Permit General Conditions:- March 18,. 2002 The following General Conditions must be followed in order for any authorization by an NW? to' be valid: - 1. Navigation. No activity may cause more than a minimal- adverse effect on navigation. . 2. Proper Maintenance. Any structure or fill authorized shall be properlymaintained, including maintenance to ensure public safety. • 3. Soil Erosion and Sediment Controls. Appropriate soil erosion and sediment controls must be used and maintained in effective operating condition during construction, and all exposed soil and other fills, as well as any work below the ordinary high water mark or high tide line, must be permanently. stabilized at the earliest practicable date. Permittees are encouraged to perform work within waters of the Onited,States during periods of low -flow or no -flow. • 4.. Aquatic Life Movements. No activity may substantially disrupt the necessary life -cycle movements of those species of aquatic life indigenous to the waterbody, including those species that normally. migrate through the area, unless the activity's primary purpose is to -impound water. Culverts placed in streams must be installed to maintain low flow conditions. 5. Equipment. Heavy equipment working in wetlands must be placed on mats, or other measures must be taken to minimize soil disturbance. E. Regional and Case -By -Case Conditions. The activity must comply with any regional conditions that may have been added by the . Division Engineer (See 33 CFR Part 330.4(e).) and with any case specific conditions added by the Corps or by the State or tribe in its Section .401 Water•Quality Certification or Coastal Zone Management Act consistency determination. .. 7. Wild and Scenic Rivers. No activity may occur in a .component of -the National Wild and Scenic River System; or in a river officially designated by Congress as a "study river" for possible inclusion in the system, while the river is in an official study status; unless the appropriate Federal agency, with direct management responsibility for such river, has determined in writing that the proposed activity will not adversely affect the Wild and.Scenic River designation, or study status..- .Information on Wild and Scenic Rivers may be obtained from the appropriate Federal land management agency. in the area. (e.g., National Park Service, O.S. Forest Service, Bureau of Land Management, O.S. Fish and Wildlife Service). • 8. Tribal Rights. No activity or its operation may impair reserved tribal rights, including, but not limited to, reserved water rights and treaty'fishing and hunting rights. 9. Water Quality. (a) In certain states and tribal lands an individual Section 401 Water Quality Certification must be obtained or waived. (See 33 CFR Part 330.4(c).) (b) For NWPs 12, 14, 17, 18, 32, 39, 40, 42, 43, and 44, where the state or tribal Section 401 certification. (either- generically or individually) does not require or approve water quality management measures, the permittee must provide -water quality management measures that will ensure that the authorized.work does not result in more than minimal degradation -of water quality (or the Corps determines that compliance with state or local standards, where applicable, will ensure no more than minimal adverse effect on water quality). An important component of water quality management includes stormwater management that minimizes degradation of the downstream aquatic system, including water quality. (Refer to General Condition 21 for stormwater management requirements.) Another important component of water quality management is the establishment and maintenance of vegetated buffers next to open waters, including streams. (Refer to General Condition 19 for vegetated buffer requirements for the NWPs.) This condition is only applicable to projects that have the potential to affect water quality. While appropriate measures must be taken, -in most cases it.is not necessary to conduct detailed studies to identify 'such measures or to require monitoring. • 10.- Coastal Zone Management. In certain states, an individual state coastal zone management consistency concurrence must be obtained or waived. (See 33 CFR Part 330.4(d).) . 11. Endangered Species. (a) No activity is authorized under any NWP which is likely to jeopardize the continued existence of a threatened or endangeredspeciesor a species proposed for such designation, as identified under the Federal Endangered Species Act (ESA), or which will destroy or adversely modify the critical habitat of such species. Non-federal permittees shall notify the District Engineer if any listed species or designated critical habitat might be affected or is in the vicinity of the project, or is located in the designated critical habitat and shall not begin work on the activity until notified by the District Engineer that the requirements of the ESA have been satisfied and that the activity is authorized. For activities that may affect Federally -listed endangered or threatened species or designated critical habitat, the notification must include the name(s) of the endangered or threatened species that may be affected by the proposed work or that utilize the designated critical habitat that may be affected by the proposed work. As a result of formal or informal consultation with the FWS or NMI'S, the District Engineer may add species -specific regional endangered species conditions to the NWPs. (b) Authorization of an activity by a NWP does not authorize the '"take" of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with 'incidental take" provisions, etc.) from the FWS or the NUTS, both lethal and non -lethal "takes" of protected species are in violation of the ESA. Information on the location of threatened and endangered species and their -critical habitat can be obtained; _. directly from the offices of the FWS and N or their world wide web pages at. http://www.fws.00v/r9endspp/e NMndspp.html and http://www.nfms.cov/prot res/overview/es.html respectively. 12. Historic Properties. No activity which may affect historic properties listed, or eligible for listing, in the National. ,Register of Historic Places is authorized, until the District Engineer has complied with the provisions of 33 CFR Part 325, Appendix C. The prospective permittee must.notify the District Engineer if the authorized activity may. affect any historic properties listed, determined to be eligible, or which the prospective permittee has reason to believe may be eligible for listing.on the National Register of Historic Places, and shall not begin the activity until notified by the, ' District Engineer that the requirements of'tbe National Historic Preservation Act have been satisfied. and that the activity is authorized. Information on the location and existence of historic resources can be obtained from the State Historic Preservation Office and the National Register of Historic Places. (See -33 CFR Part 330.4(g).) For activities that may affect historic properties listed in, or eligible for listing in, the National Register.of Historic Places, the notification must state which historic property may be affected by the proposed work or include. a vicinity map indicating the location of the historic property. 13. Notification. (a) Timing: Where required by the terms of the NWP, the prospective permittee must notify the District Engineer with a preconstruction notification (PCN) as early as possible. The District • Engineer must determine if the notification is complete within 30 days of the date of receipt and can request additional information necessary to make the PCN complete only once. However, if the prospective permittee does not provide all of the requested information, then the District Engineer will notify the prospective permittee that the notification is still incomplete and the PCN review process will not commence until all of the requested information has been received by the District Engineer. The prospective permittee shall not begin the activity: • (1) Until notified.in writing by the District Engineer that theactivity may proceed under the NWP with any special conditions imposed by the District or Division Engineer; or • (2) If notified in writing -by the District or Division Engineer that an Individual Permit -is required; or. • (3) Unless 45 days have passed from the District Engineer's receipt of the complete. notification and the prospective permittee has not received written notice from the District or Division Engineer. Subsequently, the permittee's right to proceed under the NWP may be modified; suspended, or revoked only in accordance with the procedure set forth in 33 CFR Part 330.5(d) (2). (b) Contents of Notification: The notification must be in writing and include the following information: (1) Name, address and telephone numbers of the prospective permittee; (2) Location of the proposed project; (3) Brief description of the proposed project; the project's purpose; direct and indirect adverse environmental effects the project would cause; any other NWP(s), Regional General Permit(s), or Individual Permit(s) used or. intended to be used to authorizeanypart of the proposed project or any related activity. Sketches should be provided when necessary to show that the activity complies with the terms of the NWP. (Sketches usually clarify the project'and when provided result in a quicker decision.); - (4) For NWPs 7,' 12,-14, 18, 21, 29, 31, 34, 38, 39, 40, 41, 42, and 43, the PCN must include a delineation of affected special aquatic sites, including wetlands, vegetated shallows (e.g., submerged aquatic vegetation, seagrass beds), and riffle and pool complexes (See Paragraph 13(f) below.); (5) For,NWP 7 (Outfall Structures and Maintenance), the PCN must include information regarding the original design capacities and configurations of those areas of the facility where maintenance dredging or excavation is proposed; (6) For NW? 14 (Linear Transportation Projects), the PCN must include a compensatory mitigation proposal to offset permanent losses of waters of the U.S. and a statement describing how temporary losses of waters of the Q.S. will be minimized to the maximum extent practicable; (7) For NW? 21 (Surface Coal Mining Activities), the -PCN must include an Office of Surface Mining (OSM) or state -approved mitigation plan, if applicable. To be authorized by this NWP, the District Engineer must determine that the activity complies with the terms and conditions of the NWP and that the adverse environmental effects are minimal both individually and cumulatively and must notify the project sponsor of this determination in writing; (8) For NW? 27 (Stream and Wetland Restoration Activities), the PCN must include documentation of the prior condition of the site that will be reverted by the permittee; (9) For NW? 29 (Single-family Housing), the PCN must include: (i) Any past use of this NWP by the prospective permittee and/or the permittee's spouse; (ii) A statement that the single-family housing activity is for a personal residence of the permittee; (iii) A description of the entire parcel, including its size, and a delineation of • wetlands. For the purpose of this NWP, parcels of land measuring 1/4 acre or less will not require a formal on -site delineation. However, the applicant shall provide an indication of'where the wetlands 1 I 1 1 I I I 1 I I I I 2 I I I 1 I I I I I I I I I I are and the amount of wetlands that exists on the property. For parcels greater than 1/4 acre in size, formal wetland delineation must be prepared in accordance with the current method required by the Corps. (See Paragraph 13(f) below.); (iv) A written description of all land (including, if available, legal descriptions) .owned by the prospective permittee'and/or the prospective permittee's spouse, within a one mile radius of the parcel, in any form of ownership (including any land owned as a partner, corporation. joint tenant, co -tenant, or as a tenant -by -the -entirety) and any land on which a purchase and sale agreement or other contract'for sale or purchase has been executed; (10) For NWP 31 (Maintenance of Existing -Flood -Control Facilities)-,. the prospective permittee must either notify the District Engineer with'a PCN prior'to each maintenance activity or submit a five year (or less) maintenance plan. In addition, the PCN must include all of the following: (i) Sufficient baseline informationidentifying the approved channel depths and configurations and&existing facilities. Minor deviations are authorized, provided the approved flood control protection or drainage is'not increased; - • '- (ii) 'A delineation -of any affected special aquatic sites, including wetlands; and - (iii) Location of the dredged material disposal site; (11) For NWP 33 (Temporary Construction, Access, and Dewatering), the PCN must include a restoration plan of reasonable measures to avoid and minimize adverse effects to aquatic resources; (12) For NwPs 39, 43, and 44; the PCN must.also include a written statement to the-Distiict Engineer explaining how avoidance and minimization for losses of waters of the OS were achieved on the 'project site; (13) For NWP 39 and NWP 42f, the PCN must include a oompensatory'mitigation proposal to offset losses of waters of'the US or justification explaining why compensatory mitigation should not be • required. For 'discharges that cause the loss of greater'than 300 linear feet of an intermittent stream bed, to be authorized, the District -Engineer must.determine that the activity complies with the other terms and conditions of the NWP, determine adverse environmental effects are minimal both individually and cumulatively, and waive the limitation on. stream impacts in writing before the permittee may proceed; • .. - (14)- For NWP 40 (Agricultural Activities), the PCN must include a compensatory mitigation proposal to offset losses of waters of the U.S. This NWP does not authorize the relocation of greater than 300 linear feet of existing serviceable drainage ditches constructed in non -tidal streams unless, for drainage ditches constructed in intermittent non -tidal streams, the District Engineer waives this criterion in writing, and the District Engineer has determined that the project complies with all terms and conditions of this NWP, andthat any adverse impacts of the project on the aquatic environment are minimal, both individually and cumulatively; - (15) For NWP 43 (Stormwater Management Facilities), the PCN must- include,'for the construction of new-'stormwater management facilities, a maintenance plan (in accordance with state and local requirements,if applicable) and a compensatory mitigation proposal to' offset losses of waters"of the O.. S. For discharges that cause the loss of greater than 300 linear feet of an intermittent stream bed, to be authorized, the District Engineer must determine that the activity complies with the other terms and conditions of the NWP, determine- adverse environmental effects are minimal both individually and cumulatively, and waivethe limitation on stream impacts in writing before the permittee may proceed; (16) For NW? 44 (Mining Activities), the PCN must include a description of all"waters of the U.S. adversely affected by the project, a description of measures taken to minimize adverse effects to waters of the U.S:, a description of measures taken to comply with the criteria of the NWP, and a reclamation plan (for all aggregate mining activities in isolated waters and non -tidal wetlands adjacent to headwaters and any hard rock/mineral mining activities); ' (17) For activities that may adversely affect Federally -listed endangered or threatened species, the PCN must include the name(s) of those endangered or threatened species that may be affected by the proposed work or utilize the designated critical habitat that may be affected by the proposed work; and . (18)- For'activitiesthat many affect"historic properties -listed in, or -eligible. for -listing in, the National Register of Historic Places, the PCN must state which historic property may be affected by the proposed work or include a'vicinity map indicating the location of the historic property. ' (c) Form of Notification: The standard Individual Permit application form (ENG FORM. 4345) may be used as the notification but must'clearly indicate that it is a PCN and must include all of the information required in Paragraphs (b) (1)-(18) of General Condition 13: A letter',containing the requisite information may also be used. - - (d) District Engineer's Decision: In reviewing the PCN for the proposed activity, the District Engineer will determine whether the activity authorized by the NWP will result in more than minimal individual or cumulative adverse environmental effects or may be contrary to thepublic interest. The.prospective permittee may submit a proposed mitigation plan with the PCN to expedite the process. The District Engineer will consider any proposed compensatory mitigation the applicant has included in the proposal in determining whether the net adverse environmental effects to the aquatic environment of the proposed work are minimal. If the District Engineer determines that the activity complies With the terms and conditions of the NWP and that theadverseeffects on the aquatic environment are minimal, after considering mitigation, the District Engineer will notify the permittee and include any conditions the District Engineet deems necessary. 'The District Engineer must approve any compensatory mitigation proposal before the permittee commences work. . If the prospective permittee . is required to submit a compensatory mitigation proposal' with the PCN, the proposal may be either conceptual or detailed. If the prospective permittee elects to submit a compensatory mitigation plan with the PCN, the District Engineer will expeditiously review the proposed compensatory mitigation plan. The District Engineer must review the plan within 45 days of receiving a complete PCN and determine whether the conceptual or specific proposed mitigation would ensure no more than minimal adverse effects on the aquatic environment. If'the net adverse effects of the project on the aquatic environment (after consideration'of the compensatory mitigation proposal) are determined by the 3 District Engineer to be minimal,, the District. Engineer will provide a timely written response to the applicant. The response will state that the project can proceed under the terms and conditions of the NWP. If they District Engineer determines that the adverse effects.of the proposed work are more than minimal, then the District Engineer will notify the applicant either:,. (1) that the project does not qualify for authorization under the NWP and instruct the applicant on the procedures to seek authorization under an Individual Permit; (2) that the project is authorized under the NWP subject to the applicant's submission of a . mitigation proposal that would reduce the adverse effects on the aquatic environment to the minimal level; or (3) that the project is authorized under the NWP with specific modifications or conditions. Where.the_District,Engineer determines that mitigation is required to ensure :no more than • minimal adverse effects occur to the aquatic environment, the activity, will be authorized,within the 45 -day PCN period. The authorization will include the necessary conceptual or specific mitigation'or a requirement that the applicant submit a mitigation proposal that would reduce the adverse effects on the aquatic environment to the minimal level. When conceptual mitigation is included, of a mitigation plan is required under item (2) above, no work in waters of the O.S. will occur until the District Engineer has approved a specific mitigation plan.. - (e) Agency. Coordination: The District Engineer will, consider any comments from Federal and stateagencies concerning the proposed activity's compliance with the terms andconditions of the 'NWPs and the need for mitigation to. reduce the project's adverse environmental effects. to a minimal level. - • • For activities' requiring notification to•the District Engineer that result in the loss of greater than 1/2 acre of waters of the O.S., the District Engineer will provide immediately (e.g., via facsimile transmission, overnight mail, or other expeditious manner) a copy to the appropriate -Federal or state offices (FWS,. state natural resource or water quality agency, EPA, State Historic Preservation Officer (SHPO); and, if appropriate, MMES). With the exception of NWP 37, these agencies will then have 10 calendar days from the date the material is transmitted to telephone or fax the District Engineer notice that. they intend to provide substantive, site -specific comments. If so contacted by an agency, the District Engineer will wait an additional 15 calendar days before makinga decision on the, notification. The District Engineer will fully consider agency comments received within the specified time frame, but will provide no response to the resource agency, except as provided below. The District Engineer will indicate in the administrative record associated with each notification that the resource agencies' concerns were considered. As required by Section 305(b)(4)(B) of the Magnuson Stevens Fishery Conservation and Management Act, the District Engineer will provide a response to NNFS within 30 days of receipt of any Essential Fish Habitat conservation recommendations. Applicants are encouraged to provide the Corps multiple copies of notifications to expedite agency notification. (f) Wetland Delineations: Wetland delineations must be prepared in accordance. with the current method required by the Corps. (For NWP 29 see Paragraph (b)(9)(iii) for parcels less than 1/4 acre in size.) The permittee may ask the Corps to delineate the special aquatic site. There may be some delay if the Corps does the delineation. Furthermore, the 45 -day period will not, start until,the wetland delineation has been completed and submitted to the Corps, where appropriate. 14. Compliance Certification. .Every permittee who has received NWP verification from the Corps will submit a signed certification regarding the completed work and any required mitigation. The certification will be forwarded by the Corps with the authorization letter and will include: (a) A statement that the authorized work was done in accordance with the:.Corps authorization, including any generalor specific conditions; • (b) A statement that any required mitigation was completed in accordance with the permit conditions; and - - (c) The signature of the permittee certifying the completion of the work and mitigation. 15. Use of. Multiple.Nationwide Permits. The use of more than one NWP for a single and complete project is' prohibited,. except when the acreage loss of waters of the O.S. authorized by the NWPs does not exceed the acreage, limit of the NWP„with the highest specified acreage limit (e.g. if a road crossing over tidal waters is constructed. under NwP 14, with associated bank stabilization authorized by NWP 13, the maximum acreage loss of waters of the O.S. for the total project cannot exceed 1/3 acre). '• 16. Water Supply Intakes. No activity, including structures and work in navigable waters of the U.S. or discharges of dredged or fill material, may occur in the proximity of a public water supply intake except where the activity is for repair of, the public water supply intake structures or adjacent bank stabilization. 17. Shellfish Seds. No activity, including structures and work in navigable waters'of the U.S. or discharges of dredged or_fill material, may occur in areas of concentrated shellfish populations, unless the activity is directly related to a shellfish harvesting activity authorized by NWP 4. • 18. Suitable Material.- No activity, including structures and work in navigable waters of the O.S. or discharges of dredged or fill material, may consist of unsuitable material (e.g., trash, debris, car bodies, asphalt, etc.) and material used for construction or discharged must be free from toxic pollutants in toxic amounts. (See Section 307 of the CWA.) 19. Mitigation. The District Engineer will consider the factors discussed below when determining the acceptability of appropriate and practicable mitigation necessary to offset adverse effects on the aquatic environment that are more' than minimal.. 4 I I I I I I 1 1 i I I 1 I I I I 1 I I I I 1 I I I I i 1 I I I I (a) The project must be designed and constructed to avoid and minimize adverse effects to waters of the U.S. to the maximum extent practicable at the project site (i.e., on site). (b) Mitigation in all its forms (avoiding, minimizing, rectifying,, reducing or compensating) will be required to the extent necessary to ensure that'the-adverse effects to the aquatic environment are minimal. (c) Compensatory mitigation at a minimum one -for -one ratio will be required for all'wetland impacts requiring a PCN, unless the District Engineer determines in writing that some other form of mitigation would be more environmentally appropriateandprovides a project -specific waiver- of -this requirement. Consistent with National policy, -the District Engineer will establish a preference for restoration of wetlands as compensatory mitigation, with preservation used only in exceptional circumstances. - - ' •- - (d)_ Compensatory mitigation (i.e., replacement or substitution of aquatic - resources for those impacted) will not -be used to increase the acreage losses allowed by the• acreage' limits -of some of the NWPs. For example, 1/4 acre of wetlands cannot be created to.change a 3/4 --acre loss of wetlands to a 1/2 acre loss associated with NWP-39 verification. However, 1/2 acre of created wetlands can be used to reduce the impacts of a 1/2 acre loss of wetlands to -the minimum' impact- level in order to meet the. minimal impact requirement associated with NWPs.- (e) 'To'be practicable, the mitigation must -be available and capable of being done considering costs, existing technology, and logistics in light of the overall project purposes. Examples of mitigation that may be -appropriate and practicable' include, but are not limited to: reducing the size of the project; establishing and maintaining wetland or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions -and values, preferably in the same watershed. (f) Compensatory mitigation plans for projects in or near 'streams or other open waters will normally include a requirement for the establishment, maintenance, and legal protection (e.g., easements, deed restrictions) of vegetated buffers to open waters. In many cases, - vegetated buffers will be the only compensatory mitigation required. Vegetated buffers should consistof'xative species. The width of the vegetated buffers required will address 'documented water quality or aquatic habitat loss concerns. Normally, the vegetated buffer will be 25 to X50 feet wide on each side of the, stream, but the District Engineer may require slightly wider vegetated buffers to address documented water quality or habitat loss .concerns. Where both wetlands and open waters exist on the project site, the Corps will determine -the appropriate compensatory mitigation (e.g., stream buffers or wetlands compensation) based on what is best for the aquatic environment on a watershed basis. In cases where vegetated buffers are determined to be the most appropriate form of compensatory mitigation, the District Engineer may waive or reduce the. requirement to provide wetland compensatory mitigation for wetland impacts. (g) Compensatory mitigation proposals submitted with the "notification" may beeither conceptual or detailed. If conceptual plans are approved under the verification, then the Corps will condition the verification to require detailed plans be submitted and approved by the Corps prior to construction of the authorized activity in waters of the U.S.- (h) Permittees may propose the use of mitigation banks, in -lieu fee arrangements or separate activity -specific compensatory mitigation. In all cases that require compensatory mitigation, the mitigation provisions will specify the party responsible for accomplishing and/or complying with the • mitigation plan. - -- 20. Spawning Areas. Activities, including structures and work in navigable waters of the U.S. or - discharges of dredged or fill material, in spawning areas during spawning seasons must be avoided to the maximum extent practicable. Activities that result in the physical destruction (e.g., excavate, fill, or smother downstream by substantial turbidity) of an important spawning area are not authorized. 21. 'Management of Water Flows. To the maximum extent practicable, the activity must be designed to maintain preconstruction-downstream flow conditions (e.g:, location, capacity; and flow rates). Furthermore, the activity must not permanently restrict or impede the passage of normal or expected high flows (unless the primary purpose of the fill is to impound waters) and the structure or discharge of dredged or fill material must withstand expected'high flows. The activity must, to the maximum extent practicable, provide for retaining excess flows from the site, provide for maintaining surface flow rates from the site similar to preconstruction conditions, and provide for not increasing water flows from the project site, relocating water, or redirecting water flow beyond preconstruction conditions. Stream channelizing will be reduced to the minimal amount necessary, and the activity must, to the maximum extent practicable, reduce adverse effects such as flooding or erosion downstream and upstream of the project site, unless the activity is part of a larger system designed to manage water flows. In most cases, it will not be a requirement to conduct detailed studies and monitoring of water flow. This condition is only applicable to projects that have the potential to affect waterflows. 'While appropriate measures must be taken, it is not necessary to conduct detailed studies to identify such measures or require monitoring to ensure their effectiveness. Normally, the Corps will defer to state and local authorities regarding management of water flow. 22. Adverse Effects From Impoundments. If the activity creates an impoundment of water, adverse effects to the aquatic system due to the acceleration of the passage of water, and/or the restricting of its flow shall be minimized to the maximum extent practicable. This includes structures 'and work in navigable waters of the U.S., or discharges of dredged or fill material. 23. Waterfowl Breeding Areas. Activities, including structures and work in navigable waters of the U.S. or discharges of dredged or fill material, into breeding areas for migratory waterfowl must be avoided to the maximum extent practicable. 5 24. Removal of Temporary Fills. Any temporary fills must be removed in their entirety and the affected areas returned to their preexisting elevation. - • 25. Designated Critical Resource Waters. Critical resource waters include, NOAA-designated marine sanctuaries, Rational Estuarine Research Reserves, National Wild and Scenic Rivers, critical habitat, for Federally listed threatened and endangered species, coral reefs, state natural heritage sites,: and. outstanding national resource waters or other waters officially designated by a state as -having particular environmental' or ecological significance and identified by the District Engineer after, .notice and opportunity for public comment. The District Engineer may also designate additional critical resource waters after notice and opportunity -for comment. (a) Except as noted below, discharges of dredged of fill material into waters of the O.S. are. not authorized by NWPs 7, 12, 14, 16,,17, 21, 29, 31,:35, 39, 40, 42,, 43, and 44 for any activity within, or directly affecting, critical resource, waters, including wetlands adjacent to such waters. Discharges of dredged or.fill materials into waters of the O.S. may be authorized by the above NWPs in National Wild and Scenic Rivers if the activity complies with General Condition 7. Further, such_.- . discharges may.:be authorized in designated critical:habitat for Federally listed threatened or endangered species if the activity complies with General Condition 11 and the FWS or -the, NMFS has concurred in a determination of compliance with this condition. (b) For NWPs- 3, 8, 10, 13, 15, 18, 19, 22,. 23, 25, 27, 28, 30, 33, 34, 36, 37, and 38, notification is required in accordance with General'Condition 13, for.any activity proposed in the - designated critical resource waters including -wetlands adjacent. to those waters. The District -Engineer may authorize activities under.these NWPs only after it is determined that.the impacts to the critical resource waters will be no. more than minimal. « 26. Fills Within 100 -Tear Floodplains. Forpurposesof this General Condition, 100 -year floodplains will be identified through the existing -Federal Emergency Management Agency's (FENA) Flood Insurance Rate Maps or FEMA-approved local flaodplain maps.". (a)' Discharges in Floodplain; Below Headwaters. Discharges of dredged or fill material into waters of the U.S. within the mapped 100 -year floodplain, below headwaters (i.e. five cfs), resulting in permanent above -grade fills, are not authorized by NWPs 39, 40, 42, 43, and 44. (b) Discharges in Floodway; Above Headwaters. Discharges of dredged or fill material into waters of the O.S. within the FEMA or locally mapped' floodway, resulting in permanent above -grade fills, are not authorized by NWPs 39, 40, '42, and 44. (c) The permittee must comply with any applicable FEMA-approved state or local floodplain management requirements. 27. Construction. Period. For activities that have not been verified by the Corps and the project was commenced or under contract to commence by the expiration date of the- NWP (or modification or revocation date), the work must be completed within 12 months after such date (including any modification that affects the project). • For activities that have been verified and the project was commenced or under contract to • commence within the verification period, the work must be completed by the date determined by the Corps. For projects that have been verified by. the Corps, an extension of a Corps, approved completion datemaybe requested. This request must be submitted at least one month before the previously approved completion date. END. 6 1 1 I 1 I 1 I I I 1 I I i 1 I 1 1 I I I I r I I I1 I I r I I I 1 1 Enclosure 3 Permittee: City of San Mateo File Number: 28476S Certification of Compliance for Nationwide Permit "I hereby certify that the work authorized by the above referenced File Number and all required mitigation have been completed in accordance with the terms and conditions of the Nationwide Permit." (Permittee) (Date) Return to: Bob Quebedeaux U.S. Army, Corps of Engineers San Francisco District Regulatory Branch, CESPN-OR-R 333 Market Street San Francisco, CA 94105-2197 a B a, M a S UN a a S if as SS M! a a r Appendix D I I I I I I I I I I 1 1 I 1 1 Requirements of California Transportation Department SUMMARY OF WORK 01010 O'Neill Slough Tide Gates Reconstruction (Project No. 466237) Page 74 a= a MI a = MI a 4 a SS a- a a a o e NW STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION ENCROACHMENT PERMIT TR-0120 Permit No. 0404-NMC0720 1 I I I I In compliance with (Check one): ® Your application of April 27, 2004 ❑ Utility,Notice,No. ❑ Agreement No. ❑ RAW Contract No. , TO: r City of San Mateo 330 West 20th Avenue San Mateo, CA 94403 Attn: Ms. Susanna Chan L Phone: (650) 522-7308 • iand subject to the following, PERMISSION IS HEREBY GRANTED to: Construct approximately 9m (30') floodwall with wall•height ranging from 0.6m (2') to 2m (6.5') adjacent to the existing State I, soundwall on State Highway 04-SM-101, Post Mile 11.15, in the City of San Mateo. A minimum of one week prior to the start of work under this permit, notice shall be given to, and approval of construction details, operations, public safety, and traffic control shall be obtained from State Representative Fred Farid, 380 Foster City Blvd., Foster City, CA 94404, (415) 330-6537, weekdays, between 7:30 AM and 4:00 PM. All permitted work requires the permittee to apply for and obtain a work authorization number prior to the start of work. See the I attached "Encroachment Permit Project Work Scheduling Procedures" and the attached "Permit Project Work Scheduling Request Form". Additional time beyond the minimum seven days advanced notice required in the above paragraph may be required for - obtaining approval. of of T Dist/Co/Rte/PM 04-SM-101 11.15 Date July 7, 2005 Fee Paid ' Deposit Performance Bond Amount (1) Payment Bond Amount (2) Bond Company Bond Number (1) Bond Number (2) I Traffic control is not authorized as part of this permit. i I J PERMITTEE RECEIVED JUL 1 1 2005 CITY OFSAN MATEO PUBLIC WORKS DEPARTMENT The following attachments are also included as part of this permit (Check applicable): ® Yes ❑ Yes ❑ Yes ❑ Yes o No General Provisions ® No Utility Maintenance Provisions ® No Special Previsions ® No A Cal -OSHA permit required prior to beginning work: In addition to fee, the permittee will be billed actual costs for: O Yes ® No Review ® Yes 0 No Inspection ® Yes ----- Field Work (If any Caltrans effort expended) O Yes ® No The information in the environmental documentation has been reviewed and considered prior to approval of this permit. This permit is void unless the work is completed before December 31, 2006 This permit is to be strictly construed and no other work other than specifically mentioned is hereby authorized. No project work shall be commenced until all other necessary permits and environmental clearances have been obtained. LP cc: MP (2), FF, DTM/Jason Weinstein, TMCJJim Richardson APPROVED: BIJAN SARTIPI, District Director BY: S. gineer S. NOZZARI Distric Page 1 of 2 Name: City of San Mateo Permit # 0404-NMC0720 This permit is contingent upon final approval by Caltrans Headquarters' office of Encroachment Exceptions. No ingress or egress from the freeway to the worksite is permitted. Access to the work site for construction and any future maintenance activities shall be from surface street and not from Route 101:: ii The City of San Mateo shall maintain all improvements constructed under this permit indefinitely and the cost shall be borne by the. III City. All debris shall be removed from the State right of way and the area left in a safe condition after the completion of this project. All work within the State right-of-way shall be performed in conformance with the Caltrans construction and safety policies, guidelines and standards. Excavations made within the limits of the highway shall be aackfilled before leaving the work for the night unless otherwise authorized by State's representative. After backfilling the trench, temporary surfacing shall be placed if required by State's representative. Trench backfill shall conform to Section 19-3.06 of the State's Standard Specifications and the current edition of the Standard.Plans. Tests for relative compaction of structure backfill material used in backfilling trenches may be made in accordance with Test Method No. California 231' (Nuclear gauge). Any base, surfacing or pavement shall e replaced in kind, or as otherwise required by State's Representative. Any damage to existing facilities, landscaping or irrigation within the State's Right of Way shall be replaced in kind by the permittee at F permittee's expense. ` Certain details of work authorized hereby are shown on permittee's plan submitted with request for permit. Notwithstanding General Provision No. 4, your contractor is required to apply for and obtain an encroachment permit prior to starting work. A fee of $2870 is required at the time of application. Permittee's contractor shall be billed for any additional inspection cost at the Caltrans standard hourly rate (currently $82.00 per hour). , 0 D V I Immediately following completion of the work permitted herein, the permittee shall fill out and mail the Notice of Completion attached to this permit. I I Page 2 of 2 I I I I I I1 I r I I T1 STATE OF CALIFORNIA, DEPARTMENT OF TRANSPORTATION ENCROACHMENT PERMIT GENERAL PROVISIONS TR-0045 (REV.08/2004) AUTHORITY: The Department's authority to issue encroachment 12. permits isprovided' under, Div. I, Chpt. 3, Art. 1, Sect. 660 to 734 of , the Streets and Highways Code. .. ' , . 2. REVOCATION: Encroachment permits are revocable on five days notice unless otherwise stated on the permit and except as provided by law for publiccorporations, franchise holders, and utilities. These . 13. General Provisions and the Encroachment Permit Utility Provisions arc subject to modification or abrogation at any time. Permittees'.joint use agreements, franchise rights, reserved rights or any other agreements for operating purposes in State highway right of way arc - exceptions to this revocation. 3 DENIAL FOR NONPAYMENT OF FEES: Failure to pay permit, fees when due can result in rejection of future applications and denial of permits. 14. 4. ASSIGNMENT: No party other than the permittee or permittee's authorized agent is allowed to work under this permit. 5. ACCEPTANCE OF PROVISIONS: Fermium understands and agrees to accept these General Provisions and all attachments to this permit, for any work to be performed under this permit. 6. BEGINNING OF WORK: When traffic is not impacted (see Number 35), the permittce shall notify the Department's representative, two (2) days before the intent to start permitted work. I5. Permittee shall notify the Department's Representative if the work is to be interrupted for a period .of five (5) days or more, unless otherwise agreed upon. All work shall be performed on weekdays during regular work hours, excluding holidays, unless otherwise specified in this permit. 7. STANDARDS OF CONSTRUCTION: All work performed within 16. highway right of way shall. conform to recognized construction standards and current Department Standard Specifications, Department Standard Plans High and Low Risk. Facility Specifications, and Utility Special Provisions. Where reference is made to "Contractor and Engineer," these are amended to be read as "Permittee and Department representative." 8. PLAN CHANGES: Changes to plans, specifications, and permit provisions are not allowed without prior approval from the State representative. INSPECTION AND APPROVAL: All work is subject to monitoring and inspection. Upon completion of. work, permittee shall request a final inspection for acceptance and approval by the Department. The local agency permittee shall not give final construction approval to its contractor until final acceptance and approvalby the Department is obtained. 10. PERMIT AT WORKSITE: Permittee shall keep the permit package or a copy thereof, at the work site and show it upon request to any Department representative or law enforcement officer. If the permit package is not kept and made available at the work site, the work shall be suspended. 11. CONFLICTING ENCROACHMENTS: Permittee shall yield start of work to ongoing, prior authorized, work adjacent to or within the limits of the project site. When existing encroachments conflict with new wads, the permittee shall bear all cost for rearrangements, (e.g., relocation, alteration, removal, etc.). 17. 18. 19. • PERMITS FROM OTHER AGENCIES: This permit is invalidated if the permittee has not obtained all permits necessary and required by law, from the Public Utilities Commission of the State of California (PUC), California Occupational Safety and' Health Administration (Cal -OSHA), or any other public agency having jurisdiction. PEDESTRIAN AND BICYCLIST SAFETY:,A 'safe minimum 'passageway of 4' (1.21 meter) shall be maintained through the work area at' existing pedestrian or bicycle facilities. At no time shall pedestrians be diverted onto a portion of the street used for vehicular traffic.' At locations where safe alternate passageways- cannot be provided, appropriate signs and barricades shall be installed at the limits of construction and in advance of the limits of construction at the nearest crosswalk or intersection to detour pedestrians to facilities across the street. PUBLIC TRAFFIC CONTROL: As required by law, thePermittee shall provide traffic control' protection warning signs, lights, safety devices, etc., and take all other measures necessary for' traveling public's safety. Day and night time lane closures shall comply with • the MUTCD and CA Supplement (Part 6, Temporary Traffic Control), Standard Plans, and Standard Specifications for traffic control systems. These General Provisions are not intended to impose upon the perrattee, by third parties, any duty or standard of care, greater than or different from, as required by law. MINIMUM INTERFERENCE WITH. TRAFFIC: Permittee shall plan and conduct work so as to create the least possible inconvenience to the traveling public; traffic shall not be unreasonably delayed. On conventional highways, permittee shall place 'properly- attired flagger(s) to stop or warn the traveling public in compliance with the MUTCD and CA Supplement (Chapter 6E, Flagger Control). STORAGE OF EQUIPMENT AND MATERIALS: The storage of equipment or materials is not allowed within State highway right-of- way, unless specified within the Special Provisions of this specific encroachment permit. If Encroachment Permit Special Provisions allow for the storage of equipment or materials within the State right of way, the equipment and material storage shall comply with Standard Specifications, Standard Plans, Special Provisions, and the Highway Design. Manual. The clear recovery zone widths must be followed and are the minimum desirable for the type of facility indicated below: freeways and expressways -9 m, conventional highways (no curbs) -6 m, conventional highways (with curbs)- 0.5 m. If a fixed object 'cannot be eliminated, moved outside the clear recovery zone, or modified to tie made yielding, it should be shielded by a guardrail or a crash cushion. CARE OF DRAINAGE: Permittee shall provide alternate drainage for any work interfering with an existing drainage facility in compliance with the Standard Specifications, Standard Plans and/or as directed by the Department's representative. RESTORATION AND REPAIRS IN RIGHT OF WAY: Permittee is responsible for restoration and repair of State highway right of way resulting from permitted work (State Streets and Highways Code, Sections 670 et. seq.). RIGHT OF WAY CLEAN UP: Upon completion of . work, permittee shall remove and dispose of all scraps, brush, timber, materials, etc. off the tight of way. The aesthetics of the highway shall be as it was before work started. I 20. COST OF WORK: Unless stated in the permit, or a separate written agreement, the permittee shall bear all costs incurred for work within the State right of way and waives all claims for indemnification or contribution from the State. • 21. ACTUAL COST BILLING: When specified in the permit, the Department will bill the penuittee actual costs at the currently set hourly rate for encroachment permits. .. 22 AS -BUILT PLANS: When required, permittee shall submit one (I) set of as -built plans- within thirty (30) days after completion, and 25. approval of work in compliance with requirements listed as follows:. I. Upon. completion of the work provided herein, the permittee shall send one vellum or paper set of As -Built plans, to the State representative. Mylar or paper sepia plans are: hot acceptable. 2. All changes in the work will be shown on the plans, as issued • with the permit, including changes approved by Fnetoachment Permit Rider. 3. The plans are to be stamped or otherwise noted AS -BUILT by the pennittee's representative who was responsible for overseeing the work. Any original plan that was approved with a State stamp, or Caltrans representative signature, shall be 27. used for producing the As -Built plans. 4. If As -Built plans include signing or striping, the dates of signing or striping removal, relocation, or installation shall be shown on the plans when required as a condition of the permit. When the construction plans show signing and striping for staged construction on separate sheets, the sheet for each stage shall show the removal, relocation or installation dates of the appropriate staged striping and signing. 28. 5. As -Built plans shall contain the Permit Number, County, Route, Post Mile, and Kilometer Position on each sheet. • 6. Disclaimer statement of any kind that differ from the obligations and protections provided by Sections 6735 through 6735.6 of the California Business and Professions Code, shall not be included bn the As -Built plans. Such statements constitute non-compliance with Encroachment Permit requirements, and may result in the Department of Transportation retaining Performance Bonds or deposits until proper plans are submitted. Failure to comply may also result in denial of future permits, or a provision requiring a public agency to supply additional bonding. 23. PERMITS FOR RECORD PURPOSES ONLY: When work in the right of way is within an area under a Joint Use Agreement (MA) or a Consent to Common Use Agreement (CCUA), a fee exempt permit is issued to thepermittee for the purpose of providing a notice and record of work. The Pemuttce's prior rights shall be preserved without the intention of creating new' or different rights or obligations. "Notice and Record Purposes Only" shall be stamped across the face of the permit. 24. BONDING: The permittee shall file bond(s), in advance, in the amount set by the Department. Failure to maintain bond(s) in full force and effect willresult in the Department stopping of all work and revoking per mit(s). Bonds are not required of public corporations or privately owned utilities, unless permittee failed to comply with the provision and conditions under a prior permit The surety company is responsible for any latent defects as provided in California Code of Civil Procedures, Section 337.15. Local agency permittee shall comply with requirements established as follows: In recognition that project construction work done on State property will not be directly funded and paid by State, for the purpose of protecting stop notice claimants and the interests of State relative to successful project completion, the local agency permittee agrees to require the construction contractor furnish both a payment and performance bond in the local agency's name with both bonds complying with the - requirements set forth in Section 3-1.02 of State's current Standard Specifications before performing any project construction work. The local agency permittee shall defend, indemnify, and hold harmless the State, its officers and employees from all project construction related claims by contractors and all stop notice or mechanic's lien claimants. The local agency also agrees to remedy, in a timelymanner. and. to. State's satisfaction, any latent defects occurring as a result of the project construction work - • FUTURE MOVING OF INSTALLATIONS: Pemattee understands and agrees to rearrange a permitted installation- upon request -by. the Department, for ' State construction;= reconstruction, or maintenance work on the highway: The permittee at his sole expense, unless under a prior agreement, JUA, or a CCUA, shall comply with said request., 26. ARCHAEOLOGICAL/HISTORICAL: If any archaeological or historical- resources are revealed in the work vicinity, the permittee shall immediately stop work, notify the Department's representative, retain a qualified archaeologist who shall evaluate the site, and make recommendations to the Department representative regarding the continuance of work. -• PREVAILING WAGES: Work performed by or under a permit may require pemuttee's contractors and subcontractors to pay appropriate prevailing wages as set by the Department of Industrial Relations. Inquiries or requests for interpretations relative to enforcement of prevailing wage requirements are directed to State of California Department of Industrial Relations, 525 Golden Gate Avenue; San • Francisco, California 94102. RESPONSIBILITY FOR DAMAGE: The State of California and all officers and employees thereof, including but not limited to the Director of Transportation and the Deputy Director, shall not be answerable or accountable in any manner for injury to or death of any person, including but not limited to the permittee, persons employed by the permittee, persons acting in behalf of the permittee, or for damage to property from any cause. The pemvttee ishall be responsible for any liability imposed by law and for injuries to or death of any person, including but not 'limited to the permittee, persons employed by the permittee, persons acting in behalf of the permittee, or for damage to property arising out of work, or other activity permitted and done by the permittee under a permit, or arising out of the failure on the permittee's part to perform his obligations under any permit in respect to maintenance or any other obligations,• or resulting from defects or obstructions, or from any - cause whatsoever during the progress of the work, or other activity or at any subsequent time, work or other activity is being performed under the obligations provided by and contemplated by the permit. The pennittee shall indemnify and save harmless the State of California, all officers, employees, and State's contractors, thereof, including but not limited to the Director of Transportation and the Deputy Director, from all claims, suits or actions of every name, kind and description brought for or on account of injuries to or death of any person, including but not limited to the permittee, persons employed by the pemuttee, persons acting in behalf of the permittee and the public, or damage to property resulting from the performance of work or other activity under the permit, or arising out of the failure on the pemnttee's part to perform his obligations under any permit in respect to maintenance or any other obligations, or resulting from defects or obstructions, or from any cause whatsoever during the progress of the work, or other activity or at any subsequent time, work or other activity is being performed under the obligations provided by and contemplated by the permit, except as otherwise provided by statute. The duty of the permittee to indemnify and save harmless includes the duties to defend as set forth in Section 2778 of the Civil Code. The I I I I I I I I I I I I I r 1 I I 1 29. I I I I I I I I I I 30. permitter waives any and all rights to any type of expressed or implied 34. indemnity against the State, its officers, employees, and State contractors. It is the intent of the parties that the pennittee will indemnify and hold harmless the State, its officers, employees, and State's contractors, from any and all claims, suits or actions as set forth above regardless of the existence or degree of fault or 35. negligence, whether active or passive, primary or secondary, on the part of the State, the pen ittee, persons employed by the permittee, or acting on behalf of the permitter. For the purpose of this section, "State's contractors" shall include contractors and their subcontractors under contract to the State of California performing work within the limits of this permit NO PRECEDENT ESTABLISHED: This permit is issued with the 36. understanding that it does not establish a precedent. • FEDERAL CIVIL RIGHTS REQUIREMENTS FOR PUBLIC ACCOMMODATION: A. The pettnittee, for himself, his personal representative, su•reccors in interest, and assigns as part of the consideration hereof, does hereby covenant and agree that: I. No person on the grounds of race, color, or national origin shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. 2. That in connection with the construction of any improvements on said lands and the furnishings of services thereon, no discrimination shall be practiced in the selection and retention of first -tier subcontractors in the selection of second -tier subcontractors. 3. That such discrimination shall not be practiced against the public in their access to and use of the facilities and services provided for public accommodations (such as eating, sleeping, rest; recreation), and operation on, over, or under the space of the right of way. 4. That the permittee shall use the premises in compliance with all other requirements imposed pursuant to Title 15, Code of Federal Regulations, Commerce and Foreign Trade, Subtitle A. Office of the Secretary of Commerce, Part 8 (15 C.F.R. Part 8) and as said Regulations may be amended. 5.That in the event of breach. of any of the above nondiscrimination covenants, the State shall have the right to terminate the permit and to 're-enter and repossess said land and the land and the facilities thereon, and hold the same as if said permit had never been made or issued. 31. MAINTENANCE OF HIGHWAYS: The permittee agrees, by acceptance of a permit, to properly maintain any encroachment. This assurance requires the permittee to provide inspection and repair any damage, at pemdttee's expense, to State facilities resulting from the encroachment. 32. SPECIAL EVENTS: In accordance with subdivision (a) of Streets and Highways Code Section 682.5, the Department of Transportation shall not be responsible for the conduct or operation of the permitted activity, and the applicant agrees to defend, indemnify, and hold harmless the State and the city or county against any and all claims arising out of any activity for which the permit is issued. Pennittee understands and agrees that it will Comply with the obligations of Titles II and ID of the Americans with Disabilities Act of 1990 in the conduct of the event, and further agrees to indemnify and save harmless the State of California, all officers and employees thereof, including but not limited to the Director of Transportation, from any claims or liability arising out of or by virtue of said Act. 33. PRIVATE USE OF RIGHT OF WAY: Highway right of way shall not be used for private purposes without compensation to the State. The gifting of public property use and therefore public funds is prohibited under the California Constitution, Article 16. FIELD WORK REIMBURSEMENT: Pemuttee shall reimburse State for field work performed on pennittee's behalf to correct or remedy hazards or damaged facilities, or clear debris not attended to by the pemdttee. NOTIFICATION OF DEPARTMENT AND TMC: The permittee shall notify the Department's representative and the Transportation Management Center (TMC) at least 7 days before initiating a lane closure or conducting an activity that may cause a traffic impact. A confirmation notification should occur 3 days before closure or other potential traffic impacts. In emergency situations when the corrective work or the emergency itself may affect traffic, TMC and the Department's representative shall be notified as soon as possible. SUSPENSION OF TRAFFIC CONTROL OPERATION: The permittee, upon notification by the Department's representative, shall immediately suspend all lane closure operations and any operation that impedes the flow of traffic. All costs associated with this suspension shall be borne by the permittee. 37. UNDERGROUND SERVICE ALERT (USA) NOTIFICATION: Any excavation requires compliance with the provisions of Government Code Section 4216 et. seq., including , but not limited to notice to a regional notification center, such as Underground Service Alert (USA). The permittee shall provide notification at least 48 hours before performing any excavation work within the right of way. fl a Wa Nita at a w a ra SS MS al Eta al MI tit■ at Encroachment Permit Project Work Scheduling Request Form s, equestnfor scheduling & approval of traffic control shall be submitted weekly, on this form, through the designated State tative by FAX to 510-286-3960 or E-mail: Permit .Dutyfirgineer(a),DOT_CA.GOV a minimum of 7 days in advance of proposed work I. Permit No.: Expiration Date: 2. Request date: 3. State. Representative: ,.• IIRoute 5. County 6. City or township . Permit Work Hours Use 24 hour clockformat: _to 8. *Requested Work Week: to 9. ❑PostMiles or ❑Kilopost: From: _ To:_ _ 10. Existing Lanes (each dir) Dir Las / Dir ' Las 4 1. Describe Location (Use landmark if necessary):- Front - To: 2. Name of Conventional Highway or Surface St 13. Check any of the following that apply: ['Connector ramp (Connects 2 State Rtes) From SR #. To SR # Off/ramp (Freeway City Sr) Ramp Name 0 Ramp or Connector, t to On/ramp (City St to Freeway) Ramp Name; '� Completely Closed One-way Traffic Control w/flaggers or pilot car(Ahernate use ojthe :same lane for both dir) ❑Full Closure (AUins,t dir) Traffic Diversion (Reconfigure lane use & divert traffic to allow at least 1.In open in each dir, describe in comments below) Intermittent Traffic Control ❑Long -Term (24° hour continuous) Long -Term Date/Time Open • equirements. Deviation from permit provisions must be requested in writing to Caltrans. Once approved, a rider will be issued. YEAR: TIME DIR RESTRICTED LANES •BREAKS ,-# Month Day of Week Start (10=97) Finish (10-98) NB - SB EB. - WB SaDR Right t �_ 4 .� C 6 V :1. Aux Coll CD Med LT Pckt. RT Pact 10-15 .Min 'Roll .. and return 11 ALL 'Lana Left OTES: oath: Enter month (1 thru 12) for which traffic control is requested. DAY: Enter day of closure (1 thru 31) • Day of Week: Enter (M-T-W-TH-F-SASU.) DIRECTION (N — Sc- W - E) Enter North, South, East, West- Separate lane closure #'s are required foreach direction unless work loon an undividei hwy. to are ANES: Lahes a numbered in direction of travel from left1to right, excluding tumpockets (left is always #1 or "fast lane") Check lanes or portions of highway be closed, including Shoulders, Auxiliary Lane, Center Divide..- "V/L" (Various Lanes) inay be used, but conmcntsmust indicate the # of lanes to remain open at all times. "# " Work Scheduling Number - assigned by Caltrans and faxed back to.regestor. 13. Description of work . 14. Detour (Required for full closure) 115. On -site during work (circle if applicable) CHP / PD / Other 16. Comments: ,..„........F,....... ....... Perniittee: . Contractor: Address: Contact: (On -Site personnel) i Name(s) Telephone -Office: FAX: Cellular: Pager: Other: I- Office of Permits While performing the approved traffic. control, Perniittee shall notify Caltrans Communications Center via telephone at 510-286-6359 daily. Notifications shall be completed at start time (10-97) AND completion time (10=98), OR cancellation (10-22). (over) Procedures: 5-13-03 ENCROACHMENT PERMIT PROJECTS WORK SCHEDULING PROCEDURES 1. The intent of these procedures is to help ensure public convenience by identifying plannedclosures on - the State highway system, resolving potential conflicts, and disseminating all available -real-time information to the California motorists via the intemet, media, etc. 2. All permitted work (with or without traffic control) issubject to advance scheduling and approvals on - a weekly basis. 3. Requests shall be submitted one week in advance for the weekly cycle., -The one week in advance period is defined as the upcoming week -that starts on Monday at Noon.:and,ends Sunday at Midnight. -Any closure that begins' on upcoming Sunday and ends on- the same day or on Monday must be requested on'the prior week's submittal cycle. 4. Any requested traffic control shall bein conformance to that specified in the permit provisions or otherwise coordinated with the designated State representative in advance. 5. Requests for scheduling and approval of field workshall be submitted on attached form via facsimile at 5.10-286-3960; via E-mail to: Permit Duty_ Engineer®DOT.CA.GOV, or through the designated State 'representative. 6. Requests submitted with . incomplete, illegible, orinaccurate information will be , returned for correction. Assistance for completing the request form may be obtained from the designated State representative or via telephone at 510-286-4406. 7. All requests must include a contingency plan for restoring public traffic (i.e.; reopening of a closed, lane, ramp and/or shoulder) in the event of an equipment breakdown,shortage of or lack of production materials or any other failure -which would otherwise delay restoring public convenience within the time limits specified in the permit. The contingency plan shall include availability of.any proposed standby equipment and stockpiled materials that can be utilized for the immediate opening of closures, when ordeied by the State representative. Acceptance of the contingency plan by the Engineer shall not relieve theContractor from the requirement ofopening thelane, ramp and shoulder closure to public traffic. as specified in thelane closure hours section of the permit provisions. g. Completed request forms shall be submitted -on or before 12:00 Noon on -Monday preceding the week during which work is to'be scheduled. 9. • Th'e'Permittee will be notified of approval or denial of the submitted request no latei than 1:00 p.m. on ' Thursday of the week preceding the requested work schedule. When deemed, necessary to ensure public' convenience, Caltrans may deny or re -schedule the request. 10. Notification of approval shall be accompanied by awork authorization number, which must be provided to Caltrans at the time the scheduled work is performed. 11. Before, during, and after undertaking the approved traffic control, Permittee shali_communicate with Caltrans/Distract Communication Center via telephone at 510-286-6359 as follows: a. If for any reason the scheduled work is cancelled or delayed, Permittee shall contact Caltrans and relay: "Work number is 10-22- and shall. provide any requested information regarding.the cancellation (e.g. inclement weather, breakdown of equipment, lack of personnel, rescheduling, unforeseen problems, etc.). b. Prior to start of the approved work, Permittee shall contact Caltrans and .relay: "Work number is 10-97." c. During the work, any unexpected occurrences including delayed openings, accidents, etc. shall be communicated to Caltrans. d. Upon completion of the approved work, Permittee shall contact Caltrans and relay: "Work number is 10-98.'' . 1 I i I I I I I 1 I r 1 SSI:: 8-1,02 .-_ _ 4.. Office of Permits I 1 1 I I I I 1 I I I 1 I SECTION 01025 MEASUREMENT AND PAYMENT 1.0 MEASUREMENT OF QUANTITIES 1.1 General Measurements of the completed work shall be in accordance with, and by instruments and devices calibrated to United States Standard Measures and the units of measurement for payment, and the limits thereof, shall be made as shown on the Plans, Specifications, General Requirements, and Supplementary Conditions. Payment for the various items of the Bid Schedule, as further described herein, shall include all compensation to be received by the Contractor for furnishing all tools, equipment, supplies and manufactured items and for all operations, and incidental appurtenances to the items of work being described, as necessary to complete the various items of work all in accordance with the requirements of the Contract Documents, including all appurtenances thereto. Payment for the various items of the Bid Schedule shall include all costs of permits, business licenses, and the cost of compliance with the regulations of public agencies having jurisdiction, including the Department of Health Services, Safety and Health Requirements of the California Division of Industrial Safety and the. Occupational Safety and Health Administration of the U.S. Department of Labor (OSHA). No separate payment will be made for any item that is not specifically set forth in the Bid Schedule, and all costs therefore shall be included in the prices named in the Bid Schedule for various appurtenant items of work. 1.2 Units of Measurement Measurements shall be in accordance with U.S. Standard Measures. A pound is an avoirdupois pound. A ton is 2,000 pounds avoirdupois. The unit of liquid measure is the U.S. gallon. 1.3 Certified Weights 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 Owner's Representative, on a completely automated weighing and recording system. The Contractor shall furnish the Owner's Representative with duplicate licensed weighmaster's certificates showing the actual net weights. The Owner will accept the certificates as evidence of the weights delivered. 1.4 Methods of Measurement Materials and items of work, which are to be paid for on the basis of measurement, shall be measured in accordance with the method stipulated in the particular sections involved. In determining quantities, all measurements shall be made in a horizontal plane unless otherwise specified. Material not used from a transporting vehicle shall be determined by the Owner's Representative and deducted from the certified tag. MEASUREMENT AND PAYMENT 01025 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 75 When material is to be measured and paid for on a volume basis and it would be impractical to determine the volume, or when requested by the Contractor in writing and approved by the Owner's Representative in writing, the material will be weighed and converted to volume measurement for payment purposes. Factors for conversion from weight measurement to volume measurement will be determined by the Owner's Representative and shall be agreed to by the Contractor before such method of measurement of pay quantities will be adopted. Full compensation for all expense involved in conforming to the above requirements for measuring and weighing materials shall be considered as included in the unit prices paid for the materials being measured or weighed and no additional allowances will be made therefore. Quantities of material wasted or disposed of in a manner not called for under the Contract; or rejected loads of material, including material rejected after it has been placed by reason of failure of the Contractor to conform to the provisions of the Contract; or material not unloaded from the transporting vehicle; or material placed outside the lines indicated on the plans or given by the Owner's Representative; or material remaining on hand after completion of the Contract, will not be paid for and such quantities will be deducted from the final total quantities. No compensation will be allowed for hauling rejected material. 2.0 DESCRIPTION OF BID ITEMS 2.1 General The bid items are presented to indicate major categories of the work for purposes of comparative bid analyses, payment breakdown for monthly progress payments and as in the case of Bid Item 2, Sheeting Shoring & Bracing, to comply with the California Labor Code relating to the price for sheeting, shoring, and bracing of excavations. Bid items are not intended to be exclusive descriptions of work categories and the Contractor shall determine and include in its pricing all materials, labor, and equipment necessary to complete each Bid Item as shown and specified. Contractor shall perform all work depicted in the Contract Documents whether it is specifically mentioned in the Bid Schedule and bid item descriptions or not. The Bid Schedule and the Bid Item Descriptions below are intended to cover any and all Work depicted in the Contract Documents. Not all elements of every part of the Work are explicitly listed. It is the intention of Owner, and a provision of this Contract, that any and all of the Work depicted shall be included in Contractor's bid and installed complete at a price included in a Bid Item submitted with Contractor's bid. No adjustments will be made to unit, extended, or total price for an item that is depicted in the contract documents but is not specifically described or itemized. Such items may be included for payment in a bid item of the Contractors' choice, as long as the chosen bid item is closely related. 2.2 Bid Item Descriptions Bid Item 1: Mobilization / Demobilization The lump sum bid price for this item shall constitute full compensation for all the work described in paragraph 11-1.01 of the State Standard Specification. It will be paid in accordance with paragraphs 11-1.02 A through D of the State Standard Specification. MEASUREMENT AND PAYMENT 01025 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 76 I I I I I I I 1 I I Bid Item 2: Sheeting Shoring & Bracing This bid item includes all work necessary to comply with OSHA, CalOSHA, and California Labor Code Section 6707 including the preparation of an excavation safety plan. Payment for sheeting, shoring, and bracing will be bid as a separate bid item whenever excavation of any kind is included in the project. Measurement for this item will be equal to the percentage of grading and excavation completed as specified herein and as estimated by the Owner's Project Representative. This price shall constitute full compensation for completion, of all planning, design, engineering fees, furnishing and construction, and removal and disposal of such temporary sheeting, shoring and bracing as a lump -sum item, complete, as required under the provisions of any permits, and in accordance with the requirements of OSHA and the Construction Safety Orders of the State of California, pursuant to the provisions of Section 6707 of the California Labor Code. Bid Item 3: Pedestrian / Traffic Control This bid item includes all work necessary to prepare, implement, and maintain a pedestrian and traffic control plan. It will be paid on a monthly prorated basis beginning in the month when the first traffic control measures are installed. Bid Item 4: Bonds & Insurance This bid item includes all costs for the performance bond, payment bond, and required insurance. It will be paid as a lump sum after the Owner receives satisfactory bond and insurance forms. Bid Item 5: Demolition This .bid item includes all work necessary to demolish and dispose of items designated to be demolished, to be paid as a lump sum by' percentage of completion. Payment of this item also constitutes full compensation for the replacement of any permanent facilities damaged during construction including pavement, curbs, sidewalks, driveways, and fencing. Bid Item 6: Erosion Control and SWPP Measures This bid item includes all work to prepare and implement erosion controls in conformance with the applicable permits, including the Owner's NPDES permit for Storm Water Pollution Prevention and the STOPPP construction permit. This bid item unit price includes all work to install a complete silt fence as depicted, including excavation, sub -grade treatments, fittings, and backfill. This bid item will be paid on a monthly prorated basis. Bid Item 7: Clearing And Grubbing The lump sum bid price for this item shall constitute full compensation for site preparation including but not limited to: clearing, grubbing and stripping on -site as necessary to remove all interfering or objectionable material from work areas within which excavation and grading are to be conducted, or storage of excavated materials or fill is to be made. Bid Item 8: Cofferdams and Dewatering The lump sum price for this item shall constitute full compensation for the design, installation, and removal of temporary cofferdams needed to protect the work site from San Francisco Bay tide and other waters. This bid item provides full compensation for the preparation of a water management plan; the installation of surface or subsurface drains, dewatering pumps, and discharge piping; pump operation; and pollution prevention. This bid item also includes compliance with applicable regulatory permits. MEASUREMENT AND PAYMENT 01025 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 77 Bid Item 9: Furnish Class 70C Piling Full compensation for furnishing material for precast, pre -stressed piles and transporting that material to the site of work, as required to install piles to the penetration specified and cut-off to the elevation shown on the drawings, shall be the unit price bid per lineal foot. Bid Item 10: Drive Class 70C Piles Full compensation for all equipment, labor and incidentals to drive precast, pre -stressed piles at the locations shown, to the penetrations specified, and cut-off to the elevations shown on the drawings shall be the unit price bid per each. Bid Item 11: Reinforced Concrete Structural concrete and reinforcement required to construct the poured -in -place structures as detailed on the plans shall be paid for by the unit price bid per cubic yard for this bid item. This bid item includes a new tide gate structure at the O'Neill Slough entrance to Marina Lagoon, floodwall structures detailed on the plans, and all miscellaneous concrete work needed to complete the Work as shown and specified. The unit price paid for this bid item is full compensation for all such concrete structures, complete and in -place, including form work, steel reinforcement, concrete placement and compaction, curing, form stripping, and the embedment of other appurtenances within poured -in -place concrete structures. Repairs made to correct defects in concrete work shall be included with this bid item at no additional charge to the Owner. Bid Item 12: Slide Gates and Mounting Hardware The unit price bid per each for this bid item shall constitute full compensation for all material, labor, equipment, tools and services necessary to furnish, install, and test flow control slide gates; including thimbles, wall seals and all other necessary hardware, fittings and appurtenances. Furnish also installation, operating, and maintenance manuals. Bid Item 13: Metal Fabrications and Hardware - Included in this lump sum bid item are the stainless steel trash racks and security racks, aluminum cross -over bridge in Caltrans right-of-way, and all other miscellaneous metals and hardware required to complete the Work as shown and specified. This bid item shall constitute full compensation for fabrication, welding (both shop and field), and erection. Bid Item 14: Fiberglass Grating, Railings and Ladders This lump sum bid item includes full compensation for reinforced fiberglass plastic (FRP) grating, railing systems, access ladders and support beams. The bid item includes shop fabrication, field installation, and repair to any items damaged during the construction period. Miscellaneous stainless steel mounting hardware is included in this pay item. Bid Item 15: Concrete Masonry Walls This bid item unit price includes all work to install one (1) square foot of a full section of concrete masonry unit floodwall or retaining wall as shown and detailed on the drawings and specified herein. This price includes all materials including concrete masonry units, steel reinforcement, mortar, .and grout; labor; tools; equipment and all necessary appurtenances to complete the construction of walls, complete and in place. Reinforced concrete foundations for concrete masonry walls shall be paid for under Bid Item No. 11, "Reinforced Concrete." MEASUREMENT AND PAYMENT 01025 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 78 1 1 1 1 1 I 1 1 1 1 1 1 Bid Item 16: Engineered Fill The unit price bid per cubic yard for this item is full compensation for the preparation of excavations, placement of structural backfill, and compaction of structural backfill to final grade as shown on the plans and specified herein. The final payment quantity for this item shall not exceed the limits of excavation or fill shown on the plans unless the Contractor is specifically directed by the Owner in writing to place additional structural backfill. Bid Item 17: Asphalt Paving This bid item unit price includes all work to install one (1) square foot of a full section of asphaltic -concrete pavement for paths and roadways, including excavation, sub -grade treatments, sub -base, base, coats, and asphaltic -concrete. This price includes all necessary coordination measures with existing conditions at pavement edges and within the pavement area. Bid Item 18: Soil Preparation and Planting The lump sum bid price for this item constitutes full payment for all materials, equipment and labor necessary for the construction of the revegetation plan as part of work within the levee construction area as shown on the Drawings and specified herein. Work includes all soil preparation and planting. Bid Item 19: Final Grading and Site Restoration The lump sum bid price for this item constitutes full payment for all materials, equipment and labor necessary to leave the project site in a clean and fully usable condition upon job acceptance by the Owner. Bid Item 20: Caltrans Encroachment Permit Fee The lump sum bid price for this item constitutes full payment for the encroachment permit fee the Contractor must obtain from Caltrans prior to starting work within State right-of-way. All other expenses necessary to meet the requirements of the Caltrans encroachment permit shall be included in Bid Item No. 1, including time and expense required for permit application and any additional inspection costs at Caltrans' current hourly rates. 3.0 CONTRACTOR'S COST BREAKDOWN The Contractor shall submit a Schedule of Values, including all Additive and Deductive Bid Items to the Owner's Representative prior to the first payment and within ten (10) days after receipt of its Notice to Proceed. The price breakdown, as agreed upon by the Contractor and the Owner's Representative, shall be used for preparing future estimates for partial payments to the Contractor, and shall list the major items of work with a price fairly apportioned to each item. Mobilization, overhead, bond, insurance, other general costs and profit shall be prorated to each item so that the total of the prices for all items equal the lump sum price. At the discretion of the Owner's Representative, mobilization, bond and insurance costs may be provided for separately if accompanied by invoices to verify actual expenses. The price breakdown shall be generally in the same format as the Contract specifications divisions and subdivisions, with major items of work listed individually. The price breakdown shall be by structural, civil, landscaping, or other logical division of work. The price breakdown shall include separate allowances for any testing and startup work required. Measurable approximate quantities of work performed by the Contractor or its subcontractors shall be provided. For quantities that are the sum total of several individual quantities, backup summaries MEASUREMENT AND PAYMENT 01025 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 79 shall be provided which list the individual descriptions and quantities. These summaries then will be used to determine the quantities of work in place in subsequent progress payment requests. The above is a statement of the intent of the Contract Documents to provide a moderate level of detail, acceptable to the Owner's Representative, to allow a fair and reasonable estimate to be made of the value of work installed. The detail of the price breakdown must be sufficient to provide timely processing of the monthly progress payment request. The price breakdown will be subject to the approval of the Owner's Representative, and upon request, the Contractor shall substantiate the price for any or all items and provide additional level of detail, including quantities of work. The price breakdown shall be sufficiently detailed to permit its use by the Owner's Representative as one of the bases for evaluating requests for payments. The Owner's Representative shall be the sole judge of the adequacy of the price breakdown. The Schedule of Values shall be solely used to determine progress payments. The Schedule of Values shall not be considered in determining payment or credit for additional or deleted work. **END OF SECTION** MEASUREMENT AND PAYMENT 01025 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 80 1 I 1 I 1 1 1 SECTION 01150 FIELD ENGINEERING 1.0 DATUM 1 1 1 1 I 1 Vertical and horizontal datums are based on -the coordinates and benchmarks shown on the Drawings. The Contractor shall establish other vertical and horizontal control from these Owner furnished reference points as required to properly layout and construct the Work. All connections shall be installed based on actual elevations of existing structures to which connections are made. 2:0 LINES AND GRADES The Contractor shall lay out all work, including structures and levee alignments, and shall be responsible for any errors resulting therefrom. In all questions arising as to proper location of lines and grades, the Owner Representative's decision will be final. As part of the bid price for the construction of the improvements the Contractor shall provide and be responsible for the layout of all work specified in the contract. The Contractor shall provide all necessary surveys, field staking, and positioning for the construction of all components at the proper alignment, elevations, grades, and positions, as indicated on the Drawings and as required for the proper operation and function. The Contractor shall stake the work limits. The Contractor's layout shall be based upon existing structures, and the vertical and horizontal datum established by the Owner. The Contractor shall supply such labor as required, at no extra charge, to aid and assist the Owner's Representative in checking location and grades of the work as set by the Contractor, if requested by the Owner's Representative. This shall include moving materials and equipment that interfere with a clear line of sight between horizontal control points and the construction work. **END OF SECTION**' FIELD ENGINEERING 01150 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 81 SECTION 01160 REGULATORY REQUIREMENTS 1.0 SAN MATEO BUSINESS LICENSE GUIDELINES A business license shall be obtained as required by the San Mateo Municipal Code, Chapter 5. Section 5.24.090 of said Chapter 5 provides that "Every person conducting the business of contractor shall pay an annual tax as follows: (1) General contractor, $100.00; (2) all other contractors, $40.00." 2.0 APPLICABLE CODES A. Uniform Building Code, 1997 edition B. California Building Code, 2001 edition C. California Title 24 D. Uniform Mechanical Code, Latest Edition E. California Mechanical Code, Latest Edition 3.0 FEES AND PERMITS A. Contractor is responsible to obtain and pay for permits from the following agencies and for any other incidental permits that may be required. B. Contractor shall comply with all permit conditions including the U.S. Army corps of Engineers Section 404 Permit, California Regional Water Quality Control Board Section 401, Conditional Water Quality Certification, Bay Conservation and Development Commission (BCDC) permit, Caltrans Encroachment Permit, and City of San Mateo Storm Water Pollution Prevention Program (STOPPP) Permit. C. Contractor shall be familiar with all federal, state, local and municipal laws, ordinances, rules and regulations which in any manner affect those engaged or employed in the Work, the materials or equipment used inor upon the Work, or which in any way affect the Work. No please of misunderstanding will be considered on account of ignorance thereof. If Contractor discovers any provision in the Contract Documents contrary to, or inconsistent with any such law, ordinance, rule or regulation, Contractor shall immediately report the inconsistency to the Owner in writing. D. Contractor shall make provisions for project inspection by representatives from resource agencies at any time deemed necessary to ensure compliance. E. Contractor shall prepare and submit a Health and Safety Plan for review by the San Mateo Public Health Department. **END OF SECTION** REGULATORY REQUIREMENTS 01160 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 82 I I I 1 1 1 1 1 1 t 1 1 I SECTION 01200 PROJECT MEETINGS 1.0 PRE -CONSTRUCTION CONFERENCE The Owner's Representative will schedule a pre -construction conference and organizational meeting at the project site or other convenient location upon award and/or execution of the Contract and before issuance of the Notice to Proceed. More than one conference may be required if the Owner and Contractor deem it is in their collective best interests to do so. 1.1 Attendees - The Owner, Owner's Representative, Design Consultant, Contractor and its superintendent, invited subcontractors, and other concerned parties shall each be represented at the conference by persons familiar with and authorized to conclude matters relating to the work. 1.2 Agenda - The Owner's Representative, in concert with the Owner, Design Consultant and Contractor, will prepare an agenda for discussion of significant items relative to contract requirements, procedures, coordination and construction. Items on the agenda will include the Contractor's field organization, submittals, progress payments, change order procedures, safety and permit requirements, inspection procedures, and other project related matters. 2.0 PROGRESS MEETINGS The Owner's Representative will conduct progress meetings at the project site at weekly or other regularly scheduled intervals agreed to between the contractor and the Owner's Representative. Frequency of meetings is to be determined by the Owner's Representative. Meeting minutes will . be taken by the Owner's Representative and distributed accordingly. 2.1 Attendees - The Owner, Design Consultant and Owner's Representative shall each be represented at the meetings. Attendance by subcontractors, suppliers and other entities is subject to issues and/or items of the agenda which may, or may not, require attendance. 2.2 Agenda - Review, correct or approve minutes of the previous progress meeting. Review items of significance that could affect project progress. Review status of previous action items and determine what new action items are necessary to insure the project stays on schedule. Review Contractor's look -ahead schedule. Add other action items that were not considered when the agenda was developed. 3.0 CONFERENCES Any time during progress of the Work, the Owner and the Owner's Representative shall have the authority to require the Contractor and any subcontractor, suppliers, or service providers to attend job -site conferences. Any notice of such conference shall be duly observed and complied with by the Contractor and subcontractors, suppliers, or service providers. **END OF SECTION** PROJECT MEETINGS 01200 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 83 SECTION 01250 MODIFICATION PROCEDURES 1.0 CHANGES IN CONTRACT PRICE Whenever corrections, alterations, or modifications of the work under this Contract are ordered by the Owner's Representative and approved by the Owner and increase the amount of work to be done, such added work shall be known as extra work; and when such corrections, alterations, or modifications decrease the amount of work to be done, such subtracted work shall be known as work omitted. The difference in cost of the work affected by such change will be added to or deducted from the amount of said Contract price, as the case may be, by a fair and reasonable valuation, which shall be determined in one or more of the following ways as directed by the Owner's Representative: a. By unit prices fixed by agreement between the parties; b. By an acceptable lump sum proposal from the Contractor; or c. By Force Account (as described in Paragraph 01250-10 Force Account Payment), when directed in writing and administered by the Owner through its agents or representatives. When required by the Owner's Representative, the Contractor shall submit, in the form prescribed by the Owner's Representative, an itemized breakdown with supporting data of the quantities and prices used in computing the value of any change that may be ordered. The Owner's Representative will review the Contractor's proposal for the change and negotiate an equitable adjustment with the Contractor. After there is an agreement the Owner's Representative will prepare and process the Change Order and make a recommendation for action by the Owner. All Change Orders must be approved by the Owner in writing before the work can be authorized and the Change Order executed. The prices agreed upon and any agreed upon adjustment in Contract Time shall be incorporated in the written order issued by the Owner, which shall be written so as to indicate an acceptance on the part of the Contractor as evidenced by its signature. By signature of the Change Order, the Contractor acknowledges that the adjustments to cost and time contained in the Change Order are in full satisfaction and accord, payment in full, and so waives any right to claim any further cost and time impacts at any time during and after completion of the Contract for the changes encompassed by the Change Order. 2.0. NEGOTIATED CHANGE ORDERS Under the methods described in Paragraph 01250-1.0b and 1.0c above, the Contractor shall submit substantiating documentation with an itemized breakdown of Contractor and subcontractor direct costs, including labor, material, equipment rentals, and approved services, pertaining to such ordered work in the form and detail acceptable to the Owner's Representative. The direct costs shall include only the payroll cost for workers and foremen, including wages, fringe benefits as established by negotiated labor agreements or state prevailing wages, workers' MODIFICATION PROCEDURES 01250 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 84 1 1 1 1 1 1 i 1 1 1 1 1 i 1 1 1 1 1 1 1 1 1 1 1 compensation and labor insurance, and labor taxes as established by law. No other fixed labor burdens will be considered, unless approved in writing by the Owner's Representative; the cost of materials used and equipment delivered and installed in such work as substantiated by appropriate documents; the cost of construction machinery and equipment based on fair rental or ownership values acceptable to the, Owner's Representative as described in Paragraph 01250-3.0, Force Account Payment; and the cost of incidentals directly related to such work. The direct costs shall not include any labor or office costs pertaining to the Contractor's managers or superintendents, its office and engineering staff and office facilities, or anyone not directly employed on such work, nor the cost of small tools as all such indirect costs form a part of the Contractor's overhead expense. Under the method described in Paragraph 01250-1.0b and 1.0c the maximum percentage which will be allowed for the Contractor's combined overhead and profit will be: a. For work by its own organization, the Contractor may add the following percentages: 1 Direct Labor 2 Materials 3 Equipment (owned or rented) 25 percent 15 percent 15 percent b. For all such work done by subcontractors, such subcontractor may add the same percentages as the Contractor as listed in (a) above to its actual net increase in. costs for combined overhead and profit and the Contractor may add up to ten (10) percent of the subcontractor's total for its combined overhead and profit. c. For all such work done by sub tier subcontractors, such sub -subcontractors may add the same percentages as the Contractor as listed in (a) above to its actual net increase in costs for combined overhead and profit, and the subcontractor may add up to ten (10) percent of the sub -subcontractor's total for its combined overhead and profit. The Contractor may add up to five (5) percent of the subcontractor's total for its combined overhead and profit. d. To the total of the actual costs and fees allowed hereinunder, not more than two (2) percent shall be added for additional bond and insurance other than labor insurance. The above fees represent the maximum limits which will be allowed, and they include the Contractor's and all subcontractors' indirect home office expenses and all costs for cost proposal preparation, and any reproduction or change order documents. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any, for each area of work, i.e. direct labor, materials, equipment, and subcontractors. The amount of credit to be allowed by the Contractor to the Owner for any such change which results in a net decrease in cost will be the amount of the actual net decrease and a credit in accordance with the markups allowed under the use of the method described in Paragraph 01250-3.0 Force Account Payment. The Contractor shall not claim for anticipated profits on work that may be omitted. MODIFICATION PROCEDURES 01250 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 85 3.0 FORCE ACCOUNT PAYMENT If either the amount of work or payment for a Change Order cannot be determined or agreed upon beforehand, the Owner may direct by written Change Order or Field Order that the work be done on a force account basis. The term "force account" shall be understood to mean that payment for the work will be done on a time and expense basis, that is, on an accounting of the Contractor's forces, materials, equipment, and other items of cost as required and used to do the work. For the work performed, payment will be made for the documented actual cost of the following: a. Direct labor cost for workers, including foremen, who are directly assigned to the force account work: Direct labor cost is the actual payroll cost, including wages, fringe benefits as established by negotiated labor agreements or state prevailing wages, workers' compensation and labor insurance, and labor taxes as established by law. No other fixed labor burdens will be considered, unless approved in writing by the Owner. b. Material delivered and used on the designated work, including sales tax, if paid for by the Contractor or its subcontractor. c. Equipment rental, including necessary transportation for items having a value in excess of One Thousand Dollars ($1,000.00). d. Additional bond. e. Additional insurance, other than labor insurance. To the preceding costs, there shall be added the following fees for the Contractor, subcontractor, or sub -subcontractor actually performing the work: 1. A fixed.fee not to exceed fifteen (15) percent of the costs of Items a, b, and c above. 2. To the total of the actual costs and fees allowed hereunder, not more than two (2) percent shall be added for additional bond and insurance as the cost of Items d and e above. For work performed by an approved subcontractor, the Contractor may add to the total of the actual costs and fixed fees allowed under the preceding paragraph an additional fixed fee of five (5) percent of said total. No further compensation will be allowed for the Contractor's administration of the work performed by the subcontractor. For work performed by a sub tie -subcontractor, the subcontractor may add to the total of the actual costs and fixed fees allowed under the preceding paragraph for the sub -subcontractor an additional fixed fee of five (5) percent of said total. No further compensation will be allowed for the subcontractor's administration of the work performed by the sub tier subcontractor. The Contractor may add to the total of the actual costs and fixed fees allowed under this paragraph an additional fixed fee of five (5) percent of said total. No further compensation will be allowed for the Contractor's administration of the work performed by the subcontractor. MODIFICATION PROCEDURES 01250 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 86 I 1 1 1 1 I i 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 The added fixed fees shall be considered to be full compensation, covering the cost of general supervision, overhead, profit, and any other general expense. The above fixed fees represent the maximum limits which will be allowed, and they include the Contractor's and all subcontractors' indirect home office expenses and all costs for cost proposal preparation and record keeping. The Owner reserves the right to furnish such materials and equipment as it deems expedient and the Contractor shall have no claim for profit or added fees on the cost of such materials and equipment. For equipment under Item c above, rental or equivalent rental cost will be allowed for only those days or hours during which the equipment is in actual use. Payment shall be based on actual rental and transportation invoices subject to the following: 1. The rental rate shall not exceed the rate in the Caltraus' Equipment Rental Rate (ERR), latest edition. 2. Owner -operated equipment rates shall not exceed the rate in the ERR plus the labor costs as provided in Item a. above. 3. The rental cost allowed for equipment shall cover all expenses including fuel, supplies, repairs, maintenance, ownership, and incidental costs and no further allowances will be made for those items, unless specific agreement to that effect is made. 4. For Contractor owned equipment not covered in the ERR, the rental rate shall be based on either actual cost accounting records or the monthly rates in the Contractor's Equipment Cost Guide published by "Data Quest". Hourly rates shall be determined by dividing the monthly rate by 176 hours. 5. When equipment is idled or on standby owing to a compensable delay of any kind, equipment rental rates will be based on the operated rental rate, determined by one of the methods in clauses 1 through 4 above, times the right-of-way delay factor published in the ERR. If there is no right-of-way delay factor for the equipment, the idle or standby rate shall be determined by using the Data Quest rate that excludes all operating related costs such as fuel and maintenance, 6. When equipment is used during an overtime period, the rental rate shall be based on the operated rental rate, determined by one of the methods in clauses 1 through 4 above, times the overtime factor published in the ERR. Prior to the commencement of force account work, the Contractor shall notify the Owner's Representative of its intent to begin work. Labor, equipment and materials furnished on force account work shall be recorded daily by the Contractor upon report sheets furnished by the Owner's Representative to the Contractor. The reports, if found to be correct, shall be signed by both the Contractor and Owner's Representative, or inspector, and a copy of which shall be furnished to the Owner's Representative no later than the working day following the performance of said work. The daily report sheet shall thereafter be considered the true record of force account work provided. If the Owner's Representative or inspector does not agree with the labor, equipment and/or materials listed on the Contractor's daily force account report, the Contractor and Construction Manger, or inspector, shall sign -off on the items on which they are in MODIFICATION PROCEDURES 01250 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 87 agreement. The Owner's Representative shall then review the items of disagreement and will advise the Contractor, in writing, of its determination. If the Contractor disagrees with this determination, it shall have the right to file a claim notice as provided in Paragraph 00700-7.3.2.1, Notice. The Contractor shall maintain its records in such a manner as to provide a clear distinction between the direct costs of work paid for on a force account basis and the costs of other operations. To receive partial payments and final payment for force account work, the Contractor shall submit, in a manner approved by the Owner's Representative, detailed and complete documented verification of the Contractor's and any of its subcontractor's actual costs involved in the force account pursuant to the pertinent Change Order or Field Order. Such costs shall be submitted within thirty (30) days after said work has been performed. No payments will be made for work billed and submitted to the Owner's Representative after the thirty (30) day period has expired. The force account invoice shall itemize the materials used and shall cover the direct costs of labor and the charges for equipment rental, whether furnished by the Contractor, subcontractor, or other forces. The invoice shall be in a form acceptable to the Owner's Representative and shall provide names or identifications and classifications of workers, the hourly rate of pay and hours worked, and also the size, type, and identification number of equipment and hours operated. Material charges shall be substantiated by valid copies of vendor's invoices. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any. The amount of credit to be allowed by the Contractor to the Owner for any such change which results in a net decrease in cost will be the amount of the actual net decrease and a credit in accordance with the markups allowed under the use of the method described in this Section. The Contractor shall not claim for anticipated profits on work that may be omitted. 4.0 TIME EXTENSIONS FOR CHANGE ORDERS If the Contractor requests a time extension for the extra work necessitated by a proposed Change Order, the request must comply with the applicable requirements of Paragraph 01313-3.04D, TIME IMPACT ANALYSES. **END OF SECTION** MODIFICATION PROCEDURES 01250 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 88 I 1 I I 1 SECTION 01313 PROJECT SCHEDULE PART 1 — GENERAL 1.01 SCOPE A. Schedule - The Contractor shall prepare and maintain a Project Schedule using the critical path method (CPM) of schedule analysis. B. Management Tool - The schedule is a management tool. It is used to demonstrate the Contractor's means of construction, to identify the critical path of work necessary for on -time completion, and to provide a method of analyzing the effects of delays to the contract completion date. C. Requirement - The requirement for the Project Schedule is included to assure adequate planning and execution of the Work and to assist the Owner in appraising the reasonableness of the proposed Project Schedule and evaluating the progress of the Work. D. Float - Float is a project resource equally available to the Contractor and Owner. 1.02 RELATED WORK SPECIFIED ELSEWHERE See Section 01010, Summary of Work, for project specific constraints, project milestones, work sequence restrictions, coordination requirements, and other project requirements that may affect the Project Schedule PART 2— PRODUCTS Not Applicable PART 3 —EXECUTION 3.01 PROJECT SCHEDULES A. Preliminary Project Schedule - The Contractor shall prepare a Preliminary Project Schedule and submit it for discussion at least five working days prior to the scheduled Pre -construction Conference date. (The Contractor can elect to submit a more detailed Baseline Project Schedule in lieu of the Preliminary Project Schedule at this time.) This schedule should identify key milestones, equipment submittal and delivery lead times, and Owner review requirements. B. Baseline Project Schedule - A detailed Baseline Project Schedule shall be submitted within 10 working days after the Pre -construction Conference or such other time as the Owner may allow. This refined schedule will remain in effect throughout the project unless proposed, changes are approved by the Owner in writing. The Baseline Project Schedule will reflect comments made by the Owner after its review of the Preliminary Project Schedule, and changes the Contractor wishes to make after the Pre -construction Conference. PROJECT SCHEDULE 01313 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 91 3.02 SCHEDULE REVIEW A. The Owner will review Project Schedule submittals and provide written comments within 10 working days. The review comments will only address the Contractor's compliance with the contract requirements including Contract Period, milestones, and owner imposed construction constraints. They do not constitute an approval of the Contractor's approach. Scheduling the project and the means and methods needed to achieve the schedule are solely the responsibility of the contractor. B. Review of the Project Schedule does not relieve the Contractor of its responsibility for meeting the Contract Completion Date. Any omission of work from the Project Schedule shall not excuse the Contractor from completing such work within the Contract Period. C. The Contractor shall make adjustments in the Project Schedule to accommodate the Owner's needs so long as such changes do not increase the Contractor's costs for perfonning the work or do not extend the Contract Completion Date. 3.03 SCHEDULE ACTIVITIES A. Contractor shall prepare its schedule using logical subdivisions of activities. Each activity shall be assigned to the Contractor, subcontractor, supplier, governmental agency, or the Owner as determined by the Contractor. As a minimum, use the following: 1. Mobilization 2. Submittals/Review/Procurement 3. Permitting 4. Sitework/underground 5. Pile foundation 6. Concrete structures 7. Metal work 8. Miscellaneous structures 9. Earthwork 10. Paving and site restoration 11. Revegetation 12. Closeout B. Calendar 1. The normal workweek project calendar shall exclude weekends and Owner observed holidays as workdays. 2. Special calendars for overtime, shift work, or extended work days may also be defined at the Contractor's option. C. Constraints 1. The schedule shall incorporate Contract required constraints or limitations on work sequence. 2. Other than those required by the Contract Documents, no start.or finish constraints shall be allowed on activities without the Owner's permission. PROJECT SCHEDULE 01313 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 92 1 I I I 1 I 1 1 1 i 1 1 1 1 1 1 i 1 1 1 1 1 1 1 1 1 3. The "Must Finish Date" for the project shall be the Contract Completion Date. 4. The weather allowance shall be on the critical path and be the only activity logically connected to the contract completion milestone. D. Critical Path - Only one critical path shall be defined. 3.04 SCHEDULE DETAILS A. General — Scheduling methods are left to the Contractor. B. Owner Review - The Owner will review Contractor prepared project schedules, but only for completeness in addressing the progress of. the Work. C. Project schedules should in general identify the following: 1. Activity relationships. 2. Project constraints. 3. The critical path. 4. The start and finish dates of all activities. 5. Submittal review and procurement of major piece of equipment. 6. Progress milestone events. 7. The time required for testing, inspection and other procedures required prior to acceptance of the Work. 8. Individual activity durations should not be longer than twenty (20) workdays, except for submittal and procurement activities. If an activity takes longer, it should be broken into appropriate segments of work for measurement of progress. 3.05 SCHEDULE UPDATES A. Monthly Updates - Each month the Contractor shall prepare and submit a schedule update that reflects the progress of the Work through the progress payment cutoff date. 1. The monthly update shall be submitted at the same time as the Progress Payment Request. 2. The update shall incorporate executed and show pending Contract Change Orders as they relate to the logic and sequence of the Work, the critical path, and the Contract Period. B. Additional Updates - Additional updates may be required when any of the following conditions exist: 1. When a delay results in an extension of Contract Period by either twenty (20) working days or by five (5) percent of the remaining duration of time to complete the Contract, whichever is less. 2. When submittal or procurement delays make rescheduling necessary. 3. When the Project Schedule does not represent actual prosecution and progress of the Work. PROJECT SCHEDULE 01313 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 93 4. When there is a revision to the sequence of activities. 5. When an interim milestone date is likely to be missed. 6. When changes occur to the critical path. 7. When a Contract Change Order will result in an extension in the Contract Period. D. Report - A narrative report'shall accompany project schedule updates and include a description of any problems or delays and an assessment of their effects. It shall identify corrective actions taken or proposed. 3.06 THREE WEEK LOOK -AHEAD SCHEDULES A. At each weekly meeting, Contractor shall submit to the Owner a look -ahead schedule showing activities to be accomplished during the following three weeks. The look -ahead schedule shall as a minimum show activities from the current Project Schedule as well as activities requiring the Owner's action. B. The Contractor shall submit a report of activities that are delayed, who is responsible, and what action is recommended to avoid a delay in Contract completion. **END OF SECTION** PROJECT SCHEDULE 01313. O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 94 SECTION 01318 REQUESTS FOR INFORMATION PART 1— GENERAL 1.01 DEFINITION AND FORM A. Definition - A request for information (RFI) is a written request from the Contractor to the Owner's Representative for information that:. 1. Is not contained in the Contract Documents and is not inferable from the Contract Documents. 2. The Contract Documents contain contradictory information as to how the Work is to be performed. B. Form - Information request shall be made in writing, serially numbered, and submitted on an Owner approved Request for Information Form. Each RFI form prepared by the Contractor shall be full and completed. 1.02 RFI PROCESSES A. Multiple Locations - Where the RFI includes multiple location or similar conditions, a single RFI should be used that incorporates all locations or similar conditions. B. Effects on Schedule - If the RFI concerns an aspect of the project that affects the critical path, the Contractor must: 1. Identify the critical path by activity number in the contractor's Project Schedule. 2. Specify the date when a response is required. C. Contractor Responsibility for Review - Prior to submitting the RFI, Contractor shall diligently review the Contract Documents for information responsive to the RFI, including information incorporated by reference. Contractor should not issue RFI's regarding information contained in or inferable from the Contract documents, including information incorporated by reference. An RFI is invalid if the RFI response is contained in or inferable from the Contract Documents. D. Response Period - The Owner's Representative shall endeavor to respond to each no later than seven (7) days after receipt of the RFI unless a longer time is needed. Such longer time shall be communicated to the Contractor who shall advise if the longer time will adversely affect the Contract Period or Contract Amount. Contractor shall be responsible for preparing and submitting RFI's to not cause delay to the progress of the work nor to cause any impact to the Contractor's labor productivity. An RFI may be considered untimely if failure to respond within seven (7) days results in delay to the project. Untimely submission of any RFI will preclude contractor from asserting any claims for delay or for labor impact against the Owner. REQUESTS FOR INFORMATION 01318 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 95 1.03 CONTRACT IMPACTS An RFI Response does not Constitute a Contract Change - The Owner's Representative response to a RFI shall not, by itself, constitute an authorization to perform any work that causes an adjustment to either the Contract Period or Contract Amount. If the Contractor believes the response to a RFI should constitute a change to either the Contract Period or Contract Amount, Contractor shall notify the City Representative within seven (7) calendar days of the receipt of the RFI response. Failure to timely submit adjustments to the Contract Period or Contract Amount shall waive the Contractor's rights for such change. In said notice, Contractor must provide the basis for its request for a change, including an estimate of the cost associated with the change. **END OF SECTION** REQUESTS FOR INFORMATION 01318 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 96 1 1 1 1 1 i i 1 1 1 1 1 i 1 11 1 1 I 1 1 SECTION 01330 SUBMITTALS PART 1— GENERAL 1.01 SUBMITTALS A. Where the Contractor is required by these Specifications to make submittals, they shall be forwarded to the Owner's Representative, with a letter of Transmittal, and in accordance with the requirements of this section and Section 01340. SHOP DRAWINGS, PRODUCT DATA AND SAMPLES. B. The Contractor shall submit listed items to the Owner's Representative. Eight (8) copies are to be submitted unless other provisions_ of the Contract Documents stipulate a different number of submittals. Three (3) copies of submittals which require review will be returned to the Contractor with comments, if any, for its records. Should the Contractor require more than three copies, it will be required to provide the additional copies at no additional cost to the Owner. It shall be the Contractor's responsibility to copy and/or confirm reviewed submittals in sufficient numbers for its files, subcontractors and vendors. C. Approved copies of the construction schedule and Operation and Maintenance Manuals are the property of the Owner and will not be returned to the Contractor. D. The Contractor shall provide the following items: • Designation of Contractor's Representative • Contractor's Safety Program (IIPP) • . Designated Safety Supervisor • Designated "Competent Person(s)" • Cost Breakdown • Construction Schedule • Submittal and Materials List • Substitutions List • Shop Drawings • • Material Safety Data Sheets • Operation and Maintenance Manuals • Working Drawings • Requests and Notices • Manufacturer's Affidavits • Warranty Data • Others as Specified in the Technical Specifications • Manufacturer's Instructions • Manufacturer's Certifications 1.02 SAMPLES Where the Contractor is required by these Specifications to submit samples of products, the Contractor shall provide a sufficient number of physical samples to allow three (3) to be retained SUBMITTALS 01330 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 97 by the Owner's Representative of all structural and architectural products involving color, finish, texture, or the like. PART 2 —PRODUCTS 2.01 MATERIALS LIST Within thirty-five (35) days after the Notice to Proceed, the Contractor shall submit a List of Materials to the Owner's Representative for review. The List shall include all items of equipment and materials for structural, mechanical, and civil work; and the names of manufacturers with whom purchase orders have been or will be placed. The List shall be arranged in the same order as the Specifications, and shall contain sufficient data to identify all items of material and equipment the Contractor, proposes to furnish. The List shall include Specification and/or Drawing references. After. the submission is favorably reviewed and returned to the Contractor by the Owner's Representative, it shall become the basis for, the submission of detailed manufacturer's drawings, catalog cuts, curves, diagrams, schematics, data, and information on each separate item for review as set forth in SECTION 01340, SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES. The favorable review of shop drawings shall be obtained prior to the fabrication, delivery and construction of items requiring shop drawing submittal. PART 3— EXECUTION 3.01 SEISMIC DESIGN AND ANCHORAGE OF APPURTENANCES A. All pieces of equipment and appurtenant facilities which are separately mounted or anchored shall be so designed and installed as to be in conformance to all requirements of the Uniform Building Code - for the edition adopted by the governing jurisdiction, both for vertical and lateral loading. The applicable seismic zone for this project shall be as defined by the Uniform Building Code. San Mateo is located in Zone 4 as defined by the Uniform Building Code. All equipment or facilities described in these Specifications or on the Drawings shall be designed and anchored to resist seismic forces appropriate for this seismic zone. Anchorage or restraints shall be so designed as to resist the code required forces acting in any direction. The design of the entire anchoring system, and the furnishing of any part of the anchoring system that must be integral with the equipment or facilities, shall be the responsibility of the manufacturer or supplier. The Contractor, working closely with the manufacturer or supplier, shall be responsible for furnishing or installing anchors or restraints, which are independent of the equipment or facilities. Examples, but not limited to those noted, are anchor bolts, restraining curbs, walls, or angles and similar items. B. Shop drawings for seismic anchorage listed in these specifications shall be submitted. Shop drawing submittals shall include equipment weights, locations of proposed equipment centroids, calculations, details, and other amplifying data demonstrating conformance to the seismic requirements of this Section. Such calculations shall be prepared and signed by a registered Civil or Structural Engineer in the State of California. Calculations shall also be submitted on all equipment or facilities so indicated in the technical specifications. Although calculations will not be required, manufacturers shall assure that equipment has been designed and constructed to safely transfer seismic induced loads through the equipment and to the anchorage systems without failure of equipment components. SUBMITTALS • 01330 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 98 I I 1 1 I 1 1 I 1 1 1 1 1 D. If possible, equipment anchorage required by this section shall be designed to preclude the requirement for Special Inspections by an outside agency. Attachment to section 1330 SUBMITTALS LIST Contract Title: O'Neill S ough Tide Gate Reconstruction iltTil4E ttmeEt _ Q Ei C* 1 Performance Bond 00610 w/ Agreement 2 Payment Bond. 00620 w/ Agreement 3 Contractor's Representative 00700-4.2 At Pre -con Conference 4 Permits 00700-4.9 NLT 10 working days after NTP 5 Contractor Safety Program 00700-4.12.2 NLT 10 working days after NW 6 Safety Supervisor 00700-4.12.3 NLT 10 working days after NTP 7 Shoring & Bracing Plan 00700-4.12.6 See Note (1) 8 Patent Rights 00700-8.1.2 Before Final Payment 9 Release of Claims 00700-8.6 After last partial payment 10 Work Plan 01010-2.3 NLT 10 working days after NTP 11 Schedule of Values 01025-3.0 NLT 10 working days after NW 12 Preliminary schedule 01313-3.01 NLT 5 working days before Pre -con 13 Baseline Schedule 01313-3.01 NLT 10 working days after Pre -con 14 Schedule update and report 01313-3.05 Monthly 15 3 week look -ahead schedule 01313-3.06 • Weekly, at project meeting 16 List of Materials 01330-2.01 NLT 35 cal. days after NTP 17 Shop drawings, product data & samples 01340 NLT 30 cal. days after NW 18 Storm Water Pollution Prevention Plan 01500-3.05 At Pre -con Conference 19 Locations for parking & storage 01500-3.10 NLT 10 working days after Pre -con 20 Haul routes 01500-3.11 Before Pre -con conference 21 Traffic Control Plan 01500-3.11 Before work on public streets 22 Proposed substitutions 01600-2.01 NLT 30 cal. days after NTP SUBMITTALS O'Neill Slough Tide Gate Reconstruction (Project No. 466237) 01330 Page 99 1 I Submittals List, continued E t RE G GR . ill 1 A,T, EQ.UE.S 23 Cutting & Patching Plan 01732-1.02 Before cutting 24 O&M Manuals 01770-1.0 Before installation 25 Final O&M Manual 01770-1.0 Before Final Acceptance 26 Warranty Form 01770-2.0 See Note (2) 27 Record Drawings 01770-4.0 Before acceptance 28 Other submittals per Technical Specs Divisions 2-16 NLT 30 cal. days after NTP ' (1) Before demolition of existing structures. Include coffer dam and dewatering plan. (2) Before substantial Completion and Final Acceptance and use of a portion of the Work. This list is not intended as an inclusive summary of all requirements for submittal of documents. If conflicts exist between this list and the Referenced Paragraph, the Referenced Paragraph takes precedence. For comprehensive submittal requirements, refer to Section 01340. **END OF SECTION** SUBMITTALS 01330 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 100 I I I I I I I I I I I I 1 I I I I 1 I I I 1 1 1 1 1 1 1 SECTION 01340 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES PART 1— GENERAL 1.01 CONTRACTOR'S RESPONSIBILITIES A. The Contractor shall submit, at its own expense submittals and details of structural and reinforcing steel, equipment, material, fabrications, special construction, and other appurtenances as required in technical specifications. B. All submittals and supporting data, catalogs, schedules, etc., shall be submitted as the instruments of the Contractor, who shall be responsible for their accuracy and completeness and coordination. Such responsibility shall not be delegated in whole or part to subcontractors or suppliers. These submittals may be prepared by the Contractor, subcontractors, or suppliers, but the Contractor shall ascertain that submittals meet all of the requirements of the Contract Documents, while conforming to structural, space, and access conditions at the point of installation. Designation of work "by others," if shown in submittals, shall mean that the work will be the responsibility of the Contractor rather than the subcontractor or supplier who prepared the submittals. The Contractor shall insure that there is no conflict with other submittals and notify the Owner's Representative in each case where its submittal may affect the work of another contractor or the Owner. The Contractor shall insure coordination of submittals among the related crafts and subcontractors. C. Submittals shall be prepared in such form that data can be identified with the applicable Specification paragraph. The data shall clearly demonstrate compliance with the Contract Plans and Specifications and shall relate to the specific equipment to be furnished. Where manufacturer's standard drawings are employed, they shall be marked clearly to show what portion of the data is applicable to this project. 1.02 TRANSMITTAL PROCEDURES A. A separate transmittal form shall be used for each specific item, class of material, equipment, and items specified in separate, discrete sections, for which the submittal is required. Submittal documents common to more than one piece of equipment shall be identified with all the appropriate equipment numbers. Submittals for various items shall be made with a single form when the items taken together constitute a manufacturer's package or are so functionally related that expediency indicates checking or review of the group or package as a whole. The specification section to which the submittal is related shall be indicated on the transmittal form. B. A unique number, sequentially assigned, shall be noted on the transmittal form accompanying each item submitted. Original submittal numbers shall have the following format: "XXX"; where "XXX" is the sequential number assigned by the Contractor. Resubmittals shall have the following format: "XXX-Y"; where "XXX" is the originally assigned submittal number and "Y" is a sequential letter assigned for resubmittals, i.e., A, B, or C being the 1st, 2nd, and 3rd resubmittals, respectively. Submittal 25B, for example, is the second resubmittal of submittal 25. SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 01340 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 101 1.03 EFFECT OF REVIEW OF CONTRACTOR'S SUBMITTALS A. The Design Consultant's favorable review of submittals shall be obtained prior to the fabrication, delivery and construction of items requiring submittal review. B. Favorable review of submittals does not constitute a change order to the Contract requirements. C. The favorable review of all submittals by the Design Consultant shall apply in general design only and shall in no way relieve the Contractor from responsibility for errors or omissions contained therein. Favorable review by the Design Consultant shall not relieve the Contractor of its obligation to meet safety requirements and all other requirements of laws, nor constitute a Contract Change Order. Favorable review by the Design Consultant will not constitute acceptance by the Design Consultant of any responsibility for the accuracy, coordination, and completeness of the submittals or the items of equipment represented on the submittals. D. Contractor is responsible to check and verify all field measurements and submit required items for review with promptness so as not to delay his own work. 1.04 DEVIATIONS FROM 1Hh, CONTRACT If the submittals show any deviations from the Contract requirements, the Contractor shall submit with the submittal submission a separate written description of such deviations and the reasons therefore. If the Owner accepts such deviation, the Owner shall issue an appropriate Contract Change Order, except that, if the deviation is minor, or does not involve a change in price or in time of performance, a Change Order need not be issued. If any deviations from the Contract requirements are not noted on the submittal, the review of the shop drawing shall not constitute acceptance of such deviations. FART 2— PRODUCTS 2.01 TRADE NAMES AND ALTERNATIVES Trade names may be indicated on the drawings or in the specifications for convenience. Whenever the trade name of a product or the name of a manufacturer appears in these documents it is understood to specify the product so identified or its approved equal. The words "or equal" or "approved equal" shall mean equal in the opinion of and approved by the Engineer in writing. Alternative products or material of equal quality and characteristics for the purpose intended will be permitted, subject to the Engineer's approval. The burden of proof as to comparative quality and suitability of alternative products or materials shall be upon the Contractor, and he shall furnish at his expense any necessary information required to prove equivalency. The Engineer shall be the sole judge as to the suitability of alternatives and substitution. 2.02 SHOP AND FABRICATION DRAWINGS A. "Shop Drawings" include fabrication, erection, installation, layout and setting drawings; lists or schedules of materials and equipment; manufacturers' standard drawings, descriptive literature, catalogues and brochures, cut sheets, performance and test data; and all other drawings and descriptive data pertaining to materials, equipment, and methods of construction as required to show conformance with the contract documents. SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 01340 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 102 I I I 1 I 1 I I I I I I 1 1 I 1 I 1 i B. Shop drawings shall establish the actual detail of all manufactured or fabricated items, indicate proper relation of adjoining work, amplify design details, and incorporate 'minor changes in design or construction to suit actual conditions. Shop drawings shall be drawn to scale and completely dimensioned. C. Shop drawings may be submitted to the Owner in the form of black line or blueline prints. Manufacturers' literature, brochures, catalog cuts, design calculations, and other pertinent printed matter or data shall also be submitted. Submittals shall be packaged according to items of the work, with those items clearly indicated. 2.03 OPERATION AND MAINTENANCE MANUALS A. Operation and maintenance instructions shall be provided for all equipment, and shall include as a minimum the listed data for each item. • B. Submit four copies of each manual for review. C. Operation and maintenance manuals shall include at a minimum: 1. Identification on the front cover stating the general nature of the manual. 2. Index giving the location of all pertinent data in the manual. 3. Complete and detailed instructions regarding equipment operation and maintenance. 4. Recommended installation, adjustment, startup, calibration and troubleshooting. 5. Lubrication requirements (where applicable). 6. Complete parts list, by generic title and identification number, with 'exploded view of each assembly if available. 7. Disassembly, overhaul, and re -assembly instructions; and recommended spare parts. 8. Name and address of manufacturer, the local representative, and nearest supplier. 9. - Copies of all guarantees and warranties. D. Payment for this item is included in each item of work for which an operation and maintenance manual is required, and no further compensation will be made therefore. PART 3 — EXECUTION 3.01 SUBMITTAL COMPLETENESS A. The Contractor shall check all submittals before submitting them to the Owner's Representative and shall certify on the transmittal letter and on each shop drawing that they have been checked, are in compliance with the Plans and Specifications, and all deviations from the Contract requirements are noted. B. If the Contractor submits an incomplete submittal, the submittal will be returned to the Contractor without review. A complete submittal shall contain sufficient data to demonstrate that the items comply with the Specifications, shall meet the minimum requirements for submissions cited in the technical specifications, shall include materials and equipment data and seismic anchorage certifications where required, and shall include any necessary revisions required for equipment other than first named. SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 01340 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 103 C. It is considered reasonable that the Contractor shall make a complete and acceptable submittal to the Owner's Representative at least by the second submission of data. The Owner reserves the right to deduct monies from payments due the Contractor to cover additional costs of review beyond the second submission. 3.02 SUBMITTAL PERIOD All submittals shall be completed within ninety (90) days after Notice to Proceed by the Owner, unless the Owner's Representative accepts an alternate schedule for submission of submittals proposed by the Contractor. 3.03 REVIEW PROCEDURE A. Submittals shall be submitted to the Owner's Representative for review and returned within 20 working days after receipt. Review of submittals by the Design Consultant has as its primary objective the completion for the Owner of a project in full conformance with the Contract Plans and Specifications, unmarred by field corrections, and within the time provided. In addition to this primary objective, submittal review as a secondary objective will assist the Contractor in its procurement of equipment that will meet all requirements of the project Plans and Specifications, will fit the structures detailed on the Plans, will be completed with respect to piping, electrical, and control connections, will have the proper functional characteristics, and will become an integral part of a complete operating facility. B. After review by the Design Consultant of each of the Contractor's submissions, the material will be returned to the Contractor with actions defined as follows: 1. NO EXCEPTIONS NOTED (RESUBMITTAL NOT REQUIRED) Submitted material is accepted subject to its compatibility with future submissions and additional partial submissions for portions of the work not covered in the reviewed submission. This action does not constitute approval or deletion of specified or required items not shown in the partial submission. 2. MAKE CORRECTIONS NOTED (RESUBMITTAL NOT REQUIRED) Same as 1 above, except that minor corrections as noted shall be made by the Contractor. 3. REVISE AND RESUBMIT Submitted material is not acceptable because of major inconsistencies with the Contract Documents or other errors which shall be resolved or corrected by the Contractor prior to subsequent review by the Design Consultant. 4. REJECTED (RESUBMIT) Submitted material does not conform to Plans and Specifications in major respect; e.g. wrong size, model, capacity, or material. Contractor shall resubmit with a new product, model or material. 5. NOT REVIEWED Product does not require review, or the submittal has not been prepared in accordance with these Special Provisions. Products so noted as not requiring review do not need to be resubmitted. Improperly prepared submittals shall be corrected and resubmitted. SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 01340 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 104 I I I I I t 1 I I i I I I I I I 1 1 I1 C. Items 1 and 2 above (no resubmittal required) are considered "favorable review." Items 3 and 4 above (correction and resubmittal required) are considered "unfavorable review." D. It shall be the Contractor's responsibility to copy and/or conform reviewed submittals in sufficient numbers for its files, subcontractors, and vendors. **END OF SECTION** SHOP DRAWINGS, PRODUCT DATA AND SAMPLES 01340 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 105 SECTION 01420 REFERENCES PART 1— GENERAL 1.01 CODES AND STANDARDS A. References to a code or standard, means the latest edition in effect the date the Contract Documents were approved and dated by the Owner. Where codes, standards and reference documents are refereed to in the Contract Documents, the Contractor may submit a written request to the Owner's Representative for assistance in locating such documents. Within three working days of receipt of such request, the Owner's Representative or the Design Consultant will notify the Contractor as to where the document(s) can be reviewed. B. No provision of any such standard, specifications, manual, code or instruction shall be effective to change the duties and responsibilities of the Owner, Contractor, Design Consultant or the Owner's Representative, or any of their consultants, representatives, agents, or employees from those set forth in the Contract Documents. Nor shall any of the aforementioned be effective to assign to the Owner, the Design Consultant, or the Owner's Representative, or any of their consultants, representatives, agents, or employees any duty or authority to supervise or direct the furnishing or performance of the Work or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 1.02 DEFINITIONS A. Unless otherwise stated, the words directed, required, permitted, ordered, instructed, designated, applicable, appropriate, sufficient, proper, desirable, necessary, prescribed, approved, acceptable, satisfactory or words of like import, refer to actions, expressions, and prerogatives of the Owner, Design Consultant, or Construction Manager. B. Where used in the Contract Documents, the following words and terms shall have the meanings indicated. The meanings shall be applicable to the singular, plural, masculine, and feminine of the words and terms. Acceptance — Formal action of the Owner in determining the Contractor's work is in accordance with the Contract and in notifying the Contractor in writing, of the acceptability of the work. Act of God — "Acts of God" shall include only the following occurrences or conditions and effects: earthquakes more than a magnitude 3.5 on the Richter Scale and tidal waves. Addenda — Supplemental written specifications and/or drawings issued prior to the receipt of bids which modify or interpret the Contract Documents, by additions, deletions, clarifications, or corrections. Agreement — The written document covering the performance of the Work as more fully described in the Contract Documents. Bid — Offer of a Bidder submitted on the prescribed form setting forth the prices for the work. REFERENCES 01420 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 106, II I I I I I 1 I I 1 1 I 1 1 1 1 1 1 i 1 i 1 1 1 I 1 I 1 Bidder — A properly licensed individual, firm, partnership, corporation, including joint ventures, submitting a proposal for the work contemplated, acting directly or through a duly authorized representative. Biologist — Owner's representative designated to make biologically oriented project decisions and monitor the Work for permit compliance. Bonds') — Bid, Performance, or Payment Bonds and other instruments of surety, furnished by the Contractor and Contractor's surety in accordance with the Contract Documents. Clarification Letter — A Clarification Letter is issued by the Owner's Representative to address the clarification of Contract issues raised by the Owner's Representative, Design Consultant, or the Owner. Calendar Day — Any day including legal holidays, Saturdays and Sundays. City Representative — The person designated in writing by the Owner to act as its agent on specified matters relating to this Contract. It shall be understood that Owner's Representative, and Owner shall be same as City Representative. Completion — The word completion shall indicate final completion, meaning the Contractor's contract obligations are fully performed. Contract Change Order — A written order to the Contractor, covering changes in the plans or quantities, or both, and establishing the basis of payment and time adjustments for the work affected by the changes; also referred to as a Change Order. Contract Documents — The words "Contract Documents" shall mean any or all of, but not limited to„ the following items, as applicable. Each of these items is to be considered by reference as part of the Contract Documents, also referred to as Contract. Invitation to Bid Instructions to Bidders Bid Form and Bid Schedule Designation of Subcontractors Bid Guaranty Bond Agreement Performance Bond Payment Bond Insurance Endorsements Non -Collusion Affidavit General Conditions Supplementary Conditions General Requirements Technical Specifications Drawings Addenda, if any Executed Change Orders, if any Notice of Award Notice to Proceed Contract Price — The amount payable to the Contractor under the terms and conditions of the Contract based on the price given on the bidding schedule, with adjustments made in accordance with the Contract. The base amount given in the bidding schedule shall be either a lump sum bid or the summation of the unit price bids multiplied by the estimated quantities set forth in the bid form; also referred to as Contract Amount or Contract Sum. Contract Time — Number of calendar days stated in the Contract for the completion of the Work. REFERENCES 01420 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 107 Contract Completion Date — The date on which the Contractor is to complete all contract work. Contractor — The individual, partnership, corporation, or combination thereof including joint ventures, who enter into the Contract with the Owner for the performance of the work. The term covers subcontractors, sub -tier subcontractors, consultants, equipment and material suppliers and their employees. Contractor's Plant and Equipment — Equipment, material, supplies, and all other items, except labor, brought onto the site by the Contractor to carry out the Work, but not to be incorporated in the Work. Day(s) — Calendar Day(s). Direct — Action of the Owner or Owner's Representative by which the Contractor is ordered to perform or refrain from performing work under the Contract. Drawings — Refers to the Contract drawings, profiles, cross sections, elevations, details, and other working drawings and supplementary drawings, or reproductions thereof, signed by the Design Consultant, approved by the Owner, and are referred to in the Contract Documents, which show the location, character, dimensions, and details of the work to be performed. The terms drawing, plan and plans have the same meaning as the term drawings unless otherwise stated or specified. Design Consultant — The engineer or architect designated by the Owner to have design control over the Work or a specified portion of the Work, acting directly or through duly authorized representatives. Such representatives shall act within the scope of the particular duties delegated to them. The Design Consultant may also furnish inspection services, startup services and training services as provided by the Contact Engineer — An engineering professional with authority to make design and construction management decisions on behalf of the Owner. Engineer may refer to Design Consultant or Owner's Representative at the discretion of the Owner. Environmentally Sensitive Area (ESA) — ESAs are those areas that support regulated biological resources including the salt marsh harvest mouse, wetlands, and other aquatic habitats (e.g. bay, creeks, ditches), and are to be entirely avoided during all phases of construction. Field Directive — Written documentation of the actions of the Owner or Owner's Representative in directing the Contractor; also referred to as a Directive. Field Order — A written instruction given to the Contractor authorizing work that is a change to the scope of work carried out on a time and material basis. Final Inspection List — List of materials, equipment, workmanship, or administrative requirements, which are not in conformance with the Contract. The Owner's Representative will prepare the list. The list will be given to the Contractor following the Contractor's notice of completion of the Work, including all items on the Punch List REFERENCES O'Neill Slough Tide Gate Reconstruction (Project No. 466237) 01420 Page 108 I I I I 1 I I I I I I I I I I I I 1 I I I I 1. I I 1 I 1 1 r I I I 1 Float — Float, also known as slack or "total float," is the time a task can be delayed without delaying the Contract Completion Date. Float is a project resource. Tasks with float are non- critical. Furnish — To deliver to the job site or other specified location any item; equipment, or material. General Conditions — Sections 00700, GENERAL CONDITIONS and 00800, SUPPLEMENTARY GENERAL CONDITIONS, which form part of the Contract -Documents representing the general clauses that establishes how the project is to be administered. General Requirements — Division 1,GENERAL REQUIREMENTS, which forms part of the Contract Documents establishing special conditions or requirements peculiar to the work and supplementary to the General Conditions. Herein — Refers to information presented in the Project Manual. Holidays — Legal holidays designated.by the Owner or specifically identified in the Contract. Indicated — A word used to direct the Contractor to information contained in the Contract Documents. Install — Placing, erecting, or constructing.any item, equipment, or material. Laboratory — The designated materials testing laboratory authorized by the Owner to test materials and work involved in the Contract. Liquidated Damages — The amount prescribed in Paragraph 00700-6.5, Liquidated Damages, and Paragraph 00810-3.0, DAMAGES FOR DELAYS to be paid to the Owner, or to be .deducted from any payments due or to become due the Contractor for each day's delay in completing the whole or any specified portion of the Work beyond the time allowed in the Contract Documents. Notice of Award — A written notice to the Contractor that the Contract has been awarded to it. Notice to Proceed — A written notice to the Contractor authorizing him to proceed with the Work and establishing the date of commencement of the Contract Time. Multiple Notices to Proceed may be given at the sole option of the Owner for various aspects of the Work. Owner — The City of San Mateo, California. It shall be understood that Owner's Representative, and City Representative shall be same as Owner. Owner's Representative — The person designated in writing by the Owner to act as its agent on specified matters relating to this Contract. It shall be understood that City Representative, and Owner shall be same as Owner's Representative. Paragraph — For references or citation purposes, refers to the paragraph(s), called out by paragraph number and alphanumeric designator. Person — Includes firms, companies, corporations, partnerships, and joint ventures. REFERENCES 01420 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 109 Plans — See "Drawings". Project — The undertaking to be performed under the provisions of the Contract. Project Representative — The person designated in writing by the Owner to act as its agent on specified matters relating to this Contract. Project Manual — The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the Table of Contents. Provide — Furnish and install,complete in place. Punch List — List of incomplete items of work, incomplete administrative requirements, and of items of work which are not in conformance with the Contract. Request for Information — A request forwarded by the Contractor to the Owner's Representative to request resolution of a question regarding the Contract Documents. Shall — Refers to actions by either the Contractor or the Owner and means the Contractor or Owner has entered into a covenant with the other party to do or perform the action. Shown — Refers to information presented on the Drawings, with or without reference to the Drawings. Site — The property as described in the General Conditions or as shown on the Drawings. Specifications — That part of the Contract Documents consisting of written descriptions of the technical features of materials, equipment, construction systems, standards and workmanship. Specify — Refers to information described, shown, noted or presented in any manner in any part of the Contract. State of California Specifications — The State of California Department of Transportation Standard Specifications in effect at the time of advertising the Work; also referred to as State Standard Specifications or Caltrans Standard Specifications. Subcontractor — A subcontractor is a person or entity who has a direct contract with the Contractor to perform any of the Work at the Site. The term subcontractor means a subcontractor or subcontractor's authorized representative. The term subcontractor does not include any separate contractor or any separate contractor's subcontractors. Submittals'— The information which is specified for submission to the Owner's Representative in accordance with the Project Manual. Sub -subcontractor — A sub -subcontractor is a person or entity who has a direct or indirect contract with a subcontractor to perform any of the Work at the Site. The term sub -subcontractor means a sub -subcontractor or an authorized representative thereof. REFERENCES 01420 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 110 I I I I I I I I I I I I I I 1 I r I I I I 1 I I I 1 I I r 1 Substantial Completion — means the date, determined by the Owner, that the Contractor's contract obligations, while not fully performed, are sufficiently complete that the remaining contract work is minor. Supplier — Any person, firm, corporation, or organization who supplies materials or equipment for the Work, including that fabricated to a specialdesign, and may also be a Subcontractor or a Sub -subcontractor. Surety — The person, firm, corporation, or organization that joins with the Contractor in assuming the liability for the faithful performance of the Work and for the payment of all obligations pertaining to the Work in accordance with the Contract Documents by issuing the Bonds required by the Contract Documents or by law. Will — Actions entered into by the.Contractor or the Owner as a covenant with the other party to do or to perform the action. Work — The labor, materials, equipment, supplies, and other items necessary for the execution, completion, and fulfillment of the Contract. Working Day — Any day, other than a holiday, Saturday or Sunday, on which the Contractor may proceed with regular work on the current controlling operation as determined by the Owner's Representative toward the completion of the Contract. A working day is equivalent to 1.45 calendar days. 1.03 ABBREVIATIONS Whenever the following terms are used, the intent and meaning shall be as follows: AA AASHTO AAMA ACI AGC AGMA AI AISC AISI AITC ANSI APA ASAP ASTM AWS AWWA CAL/OSHA CALTRANS CBR Aluminum Association American Association of State and Highway and Transportation Officials Architectural Aluminum Manufacturers Association American Concrete Institute Associated General Contractors American Gear Manufacturers Association Asphalt Institute American Institute of Steel Construction American Iron and Steel Institute American Institute of Timber Construction American National Standard Institute American Plywood Association American Sod Producers Association American Society of Testing and Materials American Welding Society American Water Works Association State of California Department of Industrial Relations, Division of Industrial Safety California Department of Transportation California Bearing Ratio REFERENCES 01420 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 111 CLFMI Chain Link Fence Manufacturers Institute CMAA Construction Managers Association of America CMAA Crane Manufacturers Association of America CRSI Concrete Reinforcing Steel Institute DFPA . Douglas Fir Plywood Association EJCDC Engineers' Joint Contract Documents Committee EJMA Expansion Joint Manufacturers Association EPA U.S. Environmental Protection Agency FM Factory Mutual Insurance Company FS Federal Specifications GO 95 General , Order No. 95, California Public Utilities Commission Rules for Overhead Electric Line Construction HI Hydraulic Institute IAPMO International Association of Plumbing and Mechanical Officials ICBO International Conference of Building Officials IMIAC International Masonry Industry All -Weather Council, International Masonry Institute MIL Military Specifications NBS National Bureau of Standards NCMA National Concrete Masonry Association NEC National Electric Code NEMA National Electrical Manufacturers Association NFPA National Fire Protection Association NSF National Sanitation Foundation OSHA Occupational Safety and Health Act PCA Portland Cement Association PCI Prestressed Concrete Institute PCMAC Prestressed Concrete Manufacturers Association of California PS Product Standard SSPC Structural Steel Painting Council UBC Uniform Building Code UFC Uniform Fire Code UPC Uniform Plumbing Code UL Underwriters Laboratories WCLIB West Coast Lumber Inspection Bureau WWPA Western Wood Products Association **END OF SECTION"' REFERENCES 01420 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 112 II I I I I I 1 I I 1 I M i I I I I 'I I I I I I I I I I SECTION 01430 QUALITY CONTROL PART 1 — GENERAL 1.01 INSPECTION AND TESTING A. Where the Contract Documents require work to be field tested or approved, it shall be tested by the Owner's authorized representative. The Owner's Representative shall also have the right to witness any on -site tests performed by the Contractor and any off -site shop tests. The results of any tests performed by the Contractor shall be made available for the information of the Owner's Representative, and the results of tests performed by the Owner's Representative will be made available to the Contractor. Inspections, tests or favorable reviews by the Owner's Representative shall not relieve the Contractor of its obligation to perform the work in accordance with the requirements of the Contract Documents or for its sole responsibility to the quality of workmanship and materials. B. Contractor shall cooperate fully with the Owner's Representative regarding the coordination of work and the scheduling of tests and inspections in accordance with the provisions of these Specifications. C. Except as specifically required under the technical specifications for testing and inspection, all tests for materials furnished by the Contractor will be done in accordance with commonly recognized standards of national organizations. Where tests are to be performed by the Owner's Representative or an independent testing laboratory or agency, the Contractor will provide all samples of materials without charge. The Owner's Representative and not the Contractor will select the sample or samples of materials to be tested. No material for which the Contract Documents require the submittal and approval of tests, certificates of compliance or other documentation shall be incorporated in the work until submittal and approval of the submittal has been made. C. Upon completion of the Work, the Owner's Representative will conduct a final inspection as provided in Section 00700-8.7, Final Inspection and Payment. Records shall be available at all reasonable hours for inspection by other local and State agencies to ascertain compliance with laws and regulations. D. Additional requirements for specific tests may be described in other Technical Sections of these Specifications. 1.02 NO RELIEF FROM CONTRACT OBLIGATIONS Inspection of the Work by the Owner, Owner's Representative and/or Design Consultant shall not relieve the Contractor of its obligations to conduct comprehensive inspections of the Work and to furnish materials and perform acceptable Work, and to provide adequate safety precautions, in conformance with the intent of the Contract. QUALITY CONTROL 01430 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 113 1.03 WORK CONCEALED PRIOR TO INSPECTION AND/OR TESTING No portion of any work or installed materials shall be covered or concealed in any manner whatsoever without first being inspected by the Owner's Representative. If any work should be covered up without the approval or consent of the Owner's Representative, the Owner's Representative shall have the authority to require that such work be uncovered for examination; defective work, if any, corrected; and recovered at the Contractor's expense. PART 2— PRODUCTS 2.01 QUALITY CONTROL A. All materials and equipment, with the exception of approved recycled materials, shall be new and of the specified quality and equal to the samples found to be acceptable by the Design Consultant if samples have been submitted. It shall be the duty of the Contractor to call the Owner's Representative's attention to apparent errors or omissions and request instructions before proceeding with the Work. The Owner's Representative may, by appropriate instructions, correct errors and supply omissions not involving extra cost, which instructions shall be as binding upon the Contractor as though contained in the original Contract Documents. B. At the option of the Owner's Representative, materials and equipment to be supplied under this Contract will be tested and inspected either at their place of origin or at the site of the Work. The Contractor shall give the Owner's Representative written notification at least 30 days prior to the shipment of materials and equipment to be tested and inspected at point of origin. Satisfactory tests and inspections at the point of origin shall not be construed as a final acceptance of the materials and equipment nor shall such tests and inspections preclude retesting or reinspection at the site of the Work. 2.02 INSPECTION OF MATERIALS A. All work and materials are subject to the inspection of the Owner's Representative. The Contractor shall notify the Owner's Representative before noon of the working day before inspection is. required. If the Specifications, the Owner's Representative's instructions, laws, ordinances, or any public authority require any work to be specially tested or approved, the Contractor shall give timely notice, in writing, of its readiness for inspection. Unless otherwise determined -by the Owner's Representative, all inspections shall be done only in the presence of the Owner's Representative or its authorized representatives. The Owner, Owner's Representative, Design Consultant and authorized government agents and their representatives shall at all times be provided safe access to the Work wherever it is in preparation or progress and to all warehouses and storage yards wherein materials and equipment are stored, and the Contractor shall provide facilities for such access and for inspection, including maintenance of temporary and permanent access. Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all conditions of the Contract, and improper work will be subject to rejection. Work and materials not meeting such requirements shall be made good and unsuitable work or materials may be rejected; notwithstanding that such work or materials have been previously inspected by the Owner's Representative 'or that payment therefore has been included in a progress estimate. QUALITY CONTROL 01430 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 114 II I I I r I i I I I I I 1 I I 1 I I I 1 1 1 I I B. The Contractor shall provide safe access for the Owner's Representative and its inspectors to inspect the quality of work and the works conformance with the Contract Documents. The Contractor shall furnish the Owner's Representative the necessary labor and facilities for such things as excavation in compacted fills to the depths required to take samples and/or density tests. The Contractor shall provide adequate lighting, ventilation, ladders and other equipment or protective facilities as may be necessary for the safe performance of inspections. 2.03 MATERIAL SAMPLES A. At the option of the Owner's Representative, the source of supply of materials for the Work shall be subject to tests and inspection before the delivery is started and before such materials are used in the Work. Representative preliminary samples of the character and quality prescribed shall be submitted by the Contractor or producer of materials to be used in the Work in sufficient quantities or amounts for testing or examination. B. All tests of materials furnished by the Contractor shall be made in accordance with the commonly recognized standards of national technical organizations, and such special methods and tests as are prescribed in the Contract Documents. C. Certificates of compliance shall be provided by the Contractor as required in the Technical Specifications. 2.04 TEST STANDARDS A. All sampling, specimen preparation, and testing of materials shall be in accordance with the standards of nationally recognized technical organizations. B. The physical characteristics of all materials not particularly specified shall conform to the latest standards published by the American Society for Testing Materials, where applicable. PART 3— EXECUTION 3.01 NOTICE A. The Contractor shall notify the Owner's Representative at least 24 hours before any field testing or special inspections are required to be performed by the Owner's Representative or the independent testing laboratory furnished by the Owner. The Contractor shall notify the Owner's Representative at least two hours before any inspection is required to be performed or to witness the Contractor's on -site field testing. B. Whenever the Contractor varies the period during which work is carried on each day, the Contractor shall give the Owner's Representative due notice so proper and timely inspection may be provided. Any work done in the absence of the Owner's Representative shall be subject to rejection by the Owner's Representative and/or the Owner. QUALITY CONTROL 01430 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 115 3.02 SAMPLING AND TESTING A. The Contractor shall furnish such samples of materials as are requested by the Owner's Representative, without charge. No material shall be used until the Owner's Representative has had the opportunity to test or examine such materials. Samples will be secured and tested whenever necessary to determine the quality of the material. Samples and test specimens prepared at the jobsite, such as concrete test cylinders, shall be taken or prepared by the Owner's Representative or Testing Firm in the presence and with the assistance of the Contractor. B. Unless otherwise provided, all initial testing for concrete and soils shall be at no expense to the Contractor and shall be performed in the Owner's laboratory or in a laboratory designated by the Owner. Any retesting required due to failed test or defective material or sample shall be at the Contractor's expense. When required by the Contract or the Owner's Representative, the Contractor shall furnish, at no extra charge, certificates of tests of materials and equipment made at the point of manufacture by a recognized testing laboratory. C. The Contractor is responsible for all system and equipment testing as provided for in these Contract Documents. 3.03 MEASUREMENT AND PAYMENT Full compensation for sampling, testing, and inspection as specified herein will be made under each bid item requiring such quality control assurance measures, and no additional compensation will be made. **END OF SECTION** QUALITY CONTROL 01430 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 116 I I I I I I I I r I I r I I I I I I !. I I I 1 I SECTION 01500 CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS PART 1— GENERAL 1.01 .SCOPE The Contractor shall provide all temporary facilities and utilities required for prosecution of the work, protection of employees and the public, protection of the work from damage by fire, weather or vandalism, and such other facilities as may be specified or required by any legally applicable law, ordinance, rule, or regulation. 1.02 TEMPORARY UTILITIES A. Electrical Service - The Contractor shall arrange, at its own cost, with the local utility to provide adequate temporary electrical service at a mutually agreeable location. The Contractor shall then provide adequate jobsite distribution facilities conforming to applicable codes and safety regulations. The Contractor shall provide, at its own cost, all electric power required for construction, testing, general and security lighting, and all other purposes whether supplied through temporary or permanent facilities. B. Water - The Contractor shall pay for and shall construct all facilities necessary to furnish water for its use during construction. Water used for human consumption shall be kept free from contamination and shall conform to the requirements of the State and local authorities for potable water. The Contractor shall pay for all water used for the Coritractor's operations prior to final acceptance. C. Heating and Ventilation - The Contractor shall provide means for heating and ventilating all work areas as may be required to protect the Work from damage by freezing, high temperatures, weather, or to provide a safe environment for workers. Unvented direct fired heaters shall not be used in areas where freshly placed concrete will be exposed to the combustion gases until at least two hours after the concrete has attained its initial set. D. Sanitary Conveniences - The Contractor shall provide suitable and adequate sanitary conveniences for the use of all persons at the site of the Work. Such conveniences shall include chemical toilets or water closets and shall be located at appropriate locations at the site of the Work. All sanitary conveniences shall conform to the regulations of the public authority having jurisdiction over such matters. At the completion of the Work, all such sanitary conveniences shall be removed and the site left in a sanitary condition. 1.03 CONSTRUCTION FACILITIES A. Construction hoists, elevators, scaffolds, stages, shoring, and similar temporary facilities shall be of ample size and capacity to adequately support and move the loads to which they will be subjected. Railings, enclosures, safety devices, and controls required by law or for adequate protection of life and property shall be provided. CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01500 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 117 B. Staging and Falsework - Temporary supports shall be designed by a professional registered engineer with an adequate safety factor to assure adequate load bearing capability. If requested by the Owner's Representative, the Contractor shall submit design calculations for staging and shoring prior to application of loads. C. Excavation support shall be in accordance with Section 00700-4.12, Safety. 1.04 PROTECTION OF EXISTING FACILITIES A. The Contractor shall be responsible for the protection of public and private property at and adjacent to the Work and shall exercise due caution to avoid damage to such property. B. The Contractor shall repair or replace all existing improvements which are not designated for removal (e.g., curbs, sidewalks, survey points, fences, walls, signs, utility installations, pavements, structures, etc.) and are damaged or removed as a result of its operations. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension. C. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed because of the Contractor's operations, they shall be restored or replaced in as nearly the original conditions and location as is reasonably possible. Lawns shall be re -seeded and covered with suitable mulch. D. The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements within the right-of-way which are designated for removal or would be destroyed because of the Work. 1.05 SITE SAFETY A. Temporary Enclosures - When sandblasting, spray painting, spraying of insulation, or other activities inconveniencing or dangerous to property or the health of employees or the public are in progress, the area of activity shall be enclosed adequately to contain the dust, over -spray, or other hazard. In the event there are no permanent enclosures of the area, or such enclosures are incomplete or inadequate, the Contractor shall provide suitable temporary enclosures. B. Warning Devices and Barricades - The Contractor shall adequately identify and guard all hazardous areas and conditions by visual warning devices and, where necessary, physical barriers. Such devices shall, as a minimum, conform to the requirements of CaUOSHA. 1.06 PROJECT SECURITY The Contractor shall make adequate provision for the protection of the Work area against fire, theft, and vandalism, and for the protection of the public against exposure to injury. CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01500 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 118. I I I I I I I 1 ,. 1 I 1 V I I I V I I I r I I I PART 2- PRODUCTS 2.01 FIRE EXTINGUISHERS A sufficient number of Tire extinguishers of the type and capacity required to protect the Work and ancillary facilities, shall be provided and maintained in readily accessible locations. 2.02 TEMPORARY SITE FENCES A. Except as otherwise provided, the Contractor shall enclose the site of the Work with a fence adequate to protect the Work and temporary facilities against acts of theft, violence, or vandalism. B. In the event all or a part of the site is to be permanently fenced, this permanent fence or a portion thereof may be built to serve for protection of the Work site, provided however, that any portions damaged or defaced shall be replaced prior to final acceptance. C. Temporary openings in existing fences shall be protected to prevent intrusion by unauthorized persons. During night hours, weekends, holidays, and other times when no work is performed at the site, the. Contractor shall provide temporary closures or guard service to protect such openings. Temporary openings shall be fenced when no longer necessary. 2.03 ENVIRONMENTALLY SENSITIVE AREA (ESA) FENCING A. Contractor shall install ESA fence as shown on the Drawings and as directed by the Biologist to ensure that construction is restricted to the intended work area and that adjacent native vegetation is protected from potential construction related damage. B. The ESA fence will consist of orange, plastic mesh construction fencing to serve as a visual demarcation of construction limits for the construction crew and equipment. C. Fabric shall consist of 4 -foot tall orange plastic construction fencing. Support posts shall be steel T -posts (#133) 6 feet minimum in length. Heavyweight plastic ratchet ties shall be used to fasten the ESA fabric to the posts where weaving of fabric over the post is not possible or practical. 2.04 SILTATION FENCING A. Contractor shall install silt fence as shown on the Drawings and as directed by the Biologist to ensure that construction is restricted to the intended work area and that adjacent native vegetation is protected from potential construction -related damage. B. Fabric shall be pre -fabricated woven geotextile fabric manufactured for siltation fencing. Stakes shall be hardwood and a minimum of 1.5 inches square by 4 feet long. Fabric and stakes are available from Reed & Graham, Inc. Geosynthetics (1-888-381-0800) or equal as approved by the Biologist. 2.05 PROJECT SIGN A. The Contractor shall provide, install and maintain for the duration of the project a project sign conforming to the requirements of the State Standard Specification. CONSTRUCTION FACILITIES AND TEMPORARY. CONTROLS 01500 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 119 B. Project sign shall contain the following information: Project Name: O'NEILL SLOUGH TIDE GATE RECONSTRUCTION AND LEVEE IMPROVEMENTS Owner: Prime Contractor: Design Consultants: Hours of Construction: Start Date: Estimated Completion Date: City of San Mateo Schaaf & Wheeler Civil Engineers / Biggs Cardosa Associates / Lowney Associates / H.T. Harvey & Associates / David J. Powers & Associates 8:00 am to 5:00 pm Monday through Friday PART 3 —EXECUTION 3.01 WORKING HOURS A. Construction shall be allowed only between the hours of eight (8:00) a.m. and five (5:00) p.m. on weekdays unless otherwise approved in writing by the Director of Public Works. B. The Contractor shall be responsible for any inspection and additional administration costs incurred by ,the Owner, or its agents and representatives, for work by the Contractor outside the hours defined above on weekdays, or any work on weekends or holidays recognized by the Owner. Such costs shall be withheld from the succeeding monthly progress payment. Any work in Section 01110, SUMMARY OF WORK, specifically required to be performed outside the normal working hours is excluded from the provisions of this paragraph. C. The Contractor shall notify the Owner's Representative at least 24 hours prior to any.work outside the normal working hours defined above, on weekends or holidays. 3.02 MAINTAINING SITE ACCESS A. Full all-weather access from Foster City to the pedestrian/bicycle path on the north side of Marina Lagoon (west of the tide gate) shall be maintained at all times unless the area is being repaved. Notify the Engineer at least two working days prior to any closure. Contractor shall execute the traffic control plan for the bike path as detailed on the drawings in Appendix A to this Specification Section. B. Existing and temporary access roads shall be maintained to all existing facilities on the site of the Work to provide access for delivery of material and for maintenance and operation. CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01500 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 120 I I I I I 1 I I I r 1 I I I I I I I I I I I I I I I I I I C. Where such temporary roads cross buried utilities that might be injured by the loads likely to be imposed; such utilities shall be adequately protected by steel plates or wood planking, or bridges shall be provided so that no loads shall discharge on such buried utilities. D. Under no circumstances are access roads to be created within identified environmentally sensitive areas. E. Contractor shall coordinate with the Owner to provide reasonable access to adjacent properties including the radio towers and billboards alongside Highway 101. Vehicular access to the billboards shall not be disrupted for more than 30 calendar days. F. Controlled access to Highway 101 shall not be denied to Caltrans personnel during the course of construction. 3.03 DUST CONTROL A. The Contractor at its expense shall take whatever steps, procedures, or means as are required to prevent abnormal dust conditions being caused by its operations in connection with the execution of the Work; and on any unpaved road which the Contractor or any of its subcontractors are using, excavation or fill areas, demolition operations, or other activities. Control shall be by sprinkling, use of dust palliatives, modification of operations, or any other .means acceptable to agencies having jurisdiction. Haul routes shall be kept visibly wet during excavation and hauling operations. . B. Unless the construction dictates otherwise, and unless otherwise approved by the Owner's Representative, the Contractor shall furnish and operate a self -loading motor sweeper with spray nozzle at least once each working day to keep paved areas acceptably clean whenever construction, including restoration, is incomplete. 3.04 NOISE ABATEMENT A. Operations at the Worksite shall be performed so as to minimize unnecessary noise. Special measures shall be taken to suppress noise during any approved working hour variances. Noise levels due to construction activity shall not exceed the levels specified by local ordinance. B. Internal combustion engines used on the Work shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated without said muffler. 3.05 WATER POLLUTION CONTROL A. Stormwater pollution control work is intended to provide prevention, control, and abatement of such stormwater pollution and shall consist of constructing those facilities which may be contained in the Contractor's stormwater pollution control program, shown on the plans, specified herein, or directed by the Owner's Representative. B. In compliance with the "City of San Mateo Storm Water Management and Discharge Rules and Regulations" ("Discharge Rules"). The Contractor shall obtain a Stormwater Pollution Prevention (STOPPP) Construction Permit from the City of San Mateo Department of Public CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01500 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 121 Works, paying the required fees and posting the required Cash Deposit for all work associated with the Stormwater Pollution Prevention Program. The Contractor shall exercise every reasonable precaution to prevent the discharge of any material which is not solely stormwater (i.e., rain) to the storm drain system which includes, but is not limited to, catch basins, drainage channels, and creeks. Non -allowable discharges include, but are not limited to, eroded soil from stockpiles or disturbed earth on -site, concrete and concrete washout water, sawcut slurry, fuel, oil, and other vehicle fluids, solid wastes, and construction chemicals. C. At the pre -construction conference the Contractor shall submit, for acceptance by the Owner's Representative, a program to control stormwater pollution effectively during construction of the project. A Storm Water Pollution Prevention Plan (SWPPP) shall be written in conformance to the latest Caltrans SWPPP and WPCP Preparation Manual, and with all applicable 'laws and regulations. Such program shall show the schedule for the erosion control work included in the contract, if applicable, and for all stormwater pollution control measures which the Contractor proposes to take in connection with construction of the project. The Contractor shall include the following minimum actions as identified by the San Francisco Bay Regional Water Quality Control Board StaffRecommendations (when applicable to project): 1. Stabilize site access points to avoid tracking materials off -site; 2. Stabilize denuded areas prior to the wet season (October 15 through April 15); 3. Protect adjacent properties; 4. Stabilize temporary conveyance channels and outlets; 5. Use sediment controls and filtration to remove sediment from water generated by dewatering; 6. Use proper materials and waste storage, handling, and disposal practices; 7. Use proper vehicle and equipment cleaning, fueling, and maintenance practices; 8. Control and prevent discharge of all potential construction -related pollutants; 9. Prepare a contingency plan in the event of unexpected rain or a control measure failure. D. In addition; when applicable, during saw cutting the Contractor shall cover or barricade catch basins using control measures such as filter fabric, straw bales, sand bags, or fine gravel dams to keep slurry out of the storm drain system. When protecting an inlet, the Contractor shall ensure that the entire opening is covered. The Contractor shall shovel, absorb, and/or vacuum saw cut slurry and pick up all waste prior to moving to the next location or at the end of each working day, whichever is sooner. If saw cut slurry enters a storm drain inlet, the Contractor shall remove the slurry immediately. E. The Contractor' shall coordinate stormwater pollution control work with all other work done on the contract. The Contractor shall not perform any clearing and grubbing or earthwork on the project, other than that specifically authorized in writing by the Owner's Representative, until the required storm water pollution control program has been accepted. It shall be the Contractor's responsibility to train all employees and subcontractors on the approved stormwater pollution control measures. F. The Owner will not be liable to the Contractor for failure to accept all or any portion of an originally submitted or revised stormwater pollution control program, or for any delays to the work due to the Contractor's failure to submit an acceptable stormwater pollution control program. CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01500 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 122 I I M I I I I I I I I I I I I I I I I I N I N I I I I I I 1 I G. During construction of the project, if the stormwater pollution control measures being taken. by the Contractor prove inadequate to control stormwater pollution, the Owner's Representative may direct the Contractor to revise his operations and/or his stormwater pollution control program. If the Contractor fails to adequately revise his operations after such direction, the Owner's Representative may cause the stormwater pollution control measures to be performed by others, the costs to be deducted from any monies due or to become due the Contractor. H. The complete cleanup of all material which is discharged from the project in violation of the Discharge Rules shall be the responsibility of the Contractor. Should the Contractor fail to respond promptly and effectively to the Owner's Representative's request for cleanup of such discharges, the Engineer may cause the cleanup to be performed by others, the costs to be deducted from any monies due or to become due the Contractor. I. Nothing in the terms of the contract nor in the provisions inthis section shall relieve the Contractor of the responsibility for compliance with Sections 5650 and 12015 of the Fish and Game Code, or other applicable statutes relating to prevention or abatement of stormwater pollution. J. The cost of creating and implementing an acceptable stormwater pollutioncontrol program and obtaining all necessary permits will be paid under the Erosion Control bid item and no additional compensation will be made. 3.06 PROTECTION OF ENVIRONMENTALLY SENSITIVE AREAS A. A silt fence shall be installed at the limit of grading to ensure that no fill is discharged into the refugial habitat and tidal marsh habitat of the salt marsh harvest mouse and those habitats are preserved. The silt fence is intended to function primarily as an erosion control measure, but it will also serve to minimize the potential movement of salt marsh harvest mice into the work area. In addition ESA fencing shall be installed along the limit of construction to exclude construction activities from the prime habitat. The Biologist will supervise fence installation and removal to ensure that it is properly implemented. B. Posts for ESA fencing shall be installed to a minimum depth of 2 feet and spaced no farther apart than 10 feet on center. ESA fence shall be attached securely to the posts. Maintain a 6 inch gap between the bottom of the ESA fence and the soil surface to allow for wildlife movement. C. The Contractor shall take care not to damage native vegetation that extends over the ESA fence onto the project site. No vegetative growth shall be trimmed back without written approval of the Biologist. Contractor shall be responsible to replace any damaged native plant materials in -kind with plants of approximately the same size. All replacement materials for damaged existing native plants shall meet the approval of the Biologist. D. Siltation fence shall be installed per the manufacturer's recommendations and these specifications. Fabric shall be securely attached on the upslope side of each post. Posts shall be installed to a minimum depth of 24 inches. Posts shall be installed 6 feet on center. Ten to twelve (10-12) inches of fabric shall be trenched in on the upslope side of the stakes. Trench shall be 6 inches deep by 6 inches wide. Once fabric is in place, trench shall be backfilled with excavated material and compacted. CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01500 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 123 3.07 SPECIAL STATUS SPECIES AVOIDANCE A. Measures shall be taken to limit the potential for direct take of special status species during construction. These measures include ecologically sensitive area (ESA) fencing and silt fencing shown on the Drawings and specified herein, a worker awareness training session, and preconstruction surveys. B. Contractor shall schedule and attend a preconstruction worker awareness training session for salt marsh harvest mouse avoidance to be given by the Biologist prior to commencement of work. C. If construction occurs between March 1 and August 14, Contractor shall notify the Biologist at least 3 weeks prior to start of construction. Contractor shall not commence work between March 1 and August 14 until the Biologist conducts a preconstruction Alameda Song Sparrow survey and the City directs the Contractor to commence work. A construction buffer may be required if the Alameda Song Sparrow is found during the survey. D. Construction delays to accommodate special status species avoidance that could not have been reasonably anticipated are addressed in Section 01313 of these Special Provisions. 3.08 CONSTRUCTION CLEANING The Contractor shall, at alltimes, keep property on which work is in progress and the adjacent property free from accumulations of waste material or rubbish caused by employees or by the Work. All surplus material shall be removed from the site immediately after completion of the work causing the surplus materials. Upon completion of the construction, the Contractor shall remove all temporary structures, rubbish, and waste materials resulting from its operations. 3.09 DISPOSAL OF MATERIAL A. The Contractor shall make arrangements for disposing of materials outside the Site and the Contractor shall pay all costs involved. The Contractor shall first obtain permission from the property owner on whose property the disposal is to be made and absolve the Owner from any and all responsibility in connection with the disposal of material on said property. When material is disposed of as above provided, the Contractor shall conform to all required codes pertaining to grading, hauling, and filling of earth. B. The State of California Solid Waste Recycling Act of 1989 requires that all cities meet 50% divergence of its solid waste by December 31, 2000. Construction and demolition waste constitutes a large volume of the material to be recycled. Consequently, Owner's staff has worked with the South Bayside Waste Management Authority (SBWMA) to determine an appropriate program for handling construction and demolition waste. As part of this Work, the Contractor shall: 1. Provide sufficient space for recycling containers in addition to garbage containers, in conformance with the standards for recycling space collection allocation areas.. 2. Provide a list of construction and demolition recycling service providers to all subcontractors charged with construction and demolition activities and require that they investigate recycling opportunities. CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01500 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 124 1 I t, I I I I I I I I I I 1 1 I I 1 i 1 I 1 I I I I i I I ,1 I r 3. Make a good faith effort to contact construction and demolition recycling providers. in an effort to increase diversion from the project. 4. Notify subcontractors of City of San Mateo expectations of maximizing diversion of solid waste from the project. 5. Investigate opportunities for salvaging of materials for reuse prior to the start of demolition activities and shall provide sufficient lead-time in the demolition schedule for salvage activities to take place. C. The San Mateo County Recycling Hotline phone number is 888-442-2666. D. Listings for construction and demolition recyclers and other important recycling and reuse information is available on the San Mateo County Website: www.RecvcleWorks.org. 3.10 PARKING AND STORAGE AREAS All stockpiled materials and 'parked equipment at the job site shall be located to avoid interference with private property and to prevent hazards to the public. Locations of stockpiles, parking areas, and equipment storage must be approved by the Owner's Representative. San Mateo has an access easement over the parking area adjacent to the project site in Foster City off Rock Harbor Lane, which may be used by the Contractor. 3.11 TRAFFIC CONTROL A. Although most of the Work takes place outside of vehicular traffic areas, the Contractor shall take all necessary steps to minimize inconvenience to the general public throughout all work under this Contract. No driveways or private roads shall be blocked without notifying the property owner and access must be restored during all non -working hours. Safe access must be maintained for pedestrian traffic throughout the work area at all times. B. At least one lane of traffic in each direction must be kept open at all times on public roads unless prior approval is provided by the Owner and any affected agency. No roads shall be blocked or made inaccessible, due to the Contractor's work, without prior written approval of the Owner and the affected agencies. C. The Contractor shall not block or obstruct fire lanes at any time. D. Haul Routes - Prior to the pre -construction conference, the Contractor shall submit for approval the proposed route(s) for all construction traffic on the project. This shall include any designated routes, if any, shown on the Contract Drawings. Upon approval, the Contractor shall strictly adhere to that route(s) only, unless written permission is obtained to change the route(s). E. Traffic control shall be in accordance with the California Department of Transportation Traffic Manual. The Contractor shall submit for approval, by the Owner and any other applicable agency, its traffic control plans prior to work on public streets. F. Traffic control shall include signs, warning lights, reflectors; barriers, other necessary safety devices and measures, and sufficient naggers to direct traffic through construction areas. CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01500 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 125 G. No material or equipment shall be stored or parked where it will interfere with the free and safe passage of public traffic, and at the end of each day's work, and at other times when construction operations are suspended for any reason, the Contractor shall remove all equipment and other obstructions from the public right-of-way. H. Should the Contractor appear to be negligent in furnishing warning and protective measures, as above provided, the Owner's Representative may direct attention to the existence of a hazard, and the necessary warning and protective measures,shall be furnished and installed by the Contractor at its expense. **END OF SECTION** CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01500 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 126 I I 1 I I I I 1 I i I r 1 i I 1 1 1 1 I 1 1 i 1' 1 1 1 1 1 1 1 APPENDIX A BIKE PATH CLOSURE PLAN CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS 01500 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 127 MN a OM SS MS a NW NW a S a IS a S a MB U U I I1 I I I I I I I I 1 I I Install barricades with signs stating "construction ahead", bike path closed to through traffic", and "use hillsdale bridge to cross marina lagoon" Install barricades with signs stating "construction ahead", bike path closed to through traffic", and "use hillsdale bridge to cross marina lagoon" ezr i r+w' +.k nI r.r -il'2s. ; o;;e0.'. r U3q entd SECTION 01600 MATERIAL AND EQUIPMENT I I I I I I' I 1 1 I 1 PART 1- GENERAL 1.01 DESIGN INTENT A. In preparing these Specifications, the Design Consultant has named those products that to its knowledge meet the Specifications and are equivalent in construction, functional efficiency, and 'durability. B. The first -named manufacturer is the basis for the project design and the use of alternative -named or unnamed manufacturer's products proposed by the Contractor may require modifications in the project design and construction. Where only one product has been named by brand and the specification indicates that no substitutions will be allowed, it is the only brand, trade name, or manufactured product known to the Design Consultant that acceptably meets these Specifications. 1.02 SUBSTITUTIONS Wherever catalog numbers and specific brands or trade names preceded by "similar and equal" or followed by the designation "or equal" are used in conjunction with a designated material, product, thing, installation, or service mentioned in these Specifications, they are used to establish the standards of quality and utility required. 1.03 MODIFICATIONS AND COSTS A. If alternative named or substitutions are proposed by the Contractor and favorably reviewed, the Contractor is responsible for providing, at no additional, cost to the Owner; any electrical, mechanical, structural, or other related changes or testing that may be required to accommodate or provide the particular material or equipment the Contractor desires to use. Any deviation from the Specifications or the Drawings resulting from the type of material or equipment to be used shall not be the basis for any "extra charges" above and in excess of the original bid price of the work. B. In addition the Contractor is responsible for all additional costs to the Owner, and its agents and representatives, for evaluation of data submitted by the Contractor for alternative named or substitutions and any redesign necessary. The Owner shall deduct said costs from the Contract monies due the Contractor. PART 2— PRODUCTS 2.01 PRODUCT SUBSTITUTIONS Substitutions which are equal in quality and utility to those specified will be permitted, subject to the following provisions. For this purpose, the Contractor shall submit to the Owner's Representative in accordance with Public Contract Code Section 3400, no later than thirty five (35) days after the Notice of Award, a typewritten list containing a description of each proposed substitute item or material. Sufficient data, drawings, samples, literature, calculations, or other MATERIAL AND EQUIPMENT 01600 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 128 detailed information as will demonstrate to the Owner that the proposed substitute is equal in quality and utility to the material specified shall be appended to this list. The Owner through its Owner's Representative will favorably review in writing such proposed substitutions as are, in its sole opinion, equal in quality to the items or materials specified. In the event that a substitute is favorably reviewed, fitly percent (50%) of all savings shall be credited to the Owner. 2.02 CONTRACTOR'S RESPONSIBILITY 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 Owner's Representative of any substitutions otherwise proposed. PART 3- EXECUTION 3.01 STORAGE OF MATERIALS A. Materials shall be stored in such a manner as to ensure the preservation of their quality and fitness for the Work. When considered necessary by the Owner's Representative, materials shall be placed on platforms or other hard, clean surfaces, and covered when directed. B. Materials shall be stored so as to facilitate inspection. Storage areas shall be suitably fenced; if necessary to protect the public or the material. C. Unless otherwise designated in the General Requirements, locations and arrangements for storage sites for materials and equipment outside the limits of work, shall be selected and maintained by the Contractor at its expense. D. Full compensation for furnishing such storage sites as may be necessary or required by the Contractor shall be considered as included in the price bid and no additional compensation will be allowed therefore. The Owner shall be specifically exempted in any agreement from any liability incurred from the use of private property for construction purposes. Use of portions of the Owner's area at the site for materials and equipment storage shall be permitted only upon the approval of the Owner's Representative. 3.02 HAZARDOUS MATERIALS The storage and handling of potential pollution causing and hazardous materials, including but not necessarily limited to, gasoline, oil and paint shall be in accordance with all local, state and federal requirements. All hazardous materials shall be stored and handled in strict accordance with the Material Safety Data Sheets for the products. Material Safety Data Sheets shall be submitted to the Owner's Representative prior to the delivery of materials to the project. "END OF SECTION" MATERIAL AND EQUIPMENT O'Neill Slough Tide Gate Reconstruction (Project No. 466237) 01600 Page 129 1 I 1 1 1 1 1 1 I 1 1 I 1 1 1 1 I 1 I 1 SECTION 01732 CUTTING AND PATCHING PART 1— GENERAL 1.01 REQUIREMENTS A. Contractor Responsibilities - Contractor shall be responsible for cutting, fitting and patching required to complete Work and to: 1) Make its parts fit together properly. 2) Uncover work to provide for installation of ill-timed work. 3) Remove and replace defective work. 4) Remove and replace work not conforming to Contract Documents. 5) Remove samples of installed work as required for testing. 6) Provide penetrations of non-structural surfaces for installation of piping and conduit. B. Existing Improvements - Contractor shall repair or replace existing improvements, not designated for removal, which are damaged and removed as result of construction operations. 1) Improvements including but are not limited to curbs, gutters, sidewalks, driveways, fences, walls, signs, pavements, raised pavement markers, thermoplastic pavement markings, sprinkler systems, and plantings. 2) Repair to condition equal to or better than original; replace with equal or better than original where repairs are not acceptable to Owner's Representative. C. Related Requirements Specified Elsewhere Section 01500: Construction Facilities and Temporary Controls 1.02 SUBMITTALS A. Submittals for this Specification Section shall be in accordance with Section 01330. B. Submit a written request to City Representative well in advance of executing cutting or alteration which affects: 1) Work of Owner or separate contractor. 2) Structural value or integrity of any element of Project. 3) Integrity of weather -exposed or moisture -resistant elements. 4) Efficiency, operational life, maintenance or safety of operational elements. 5) Visual qualities of sight -exposed elements. C. Request shall include: 1) Identification of Project and description of affected work. 2) Necessity for cutting or alteration. 3) Effect on work of The City or separate contractor, on structural integrity, or weatherproof integrity of Project. CUTTING AND PATCHING 01732 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 130 4) Alternatives to cutting and patching. 5) Cost proposal, when applicable. 6) Written permission of separate contractor whose work will be affected. 7) Description of proposed work including: i) Scope of cuffing, patching, alteration, or excavation. ii) Products proposed to be used. iii) Extent of refinishing to be included. D. Should conditions of Work or schedule indicate a change of products from Contractor shall submit request for substitution as specified in Section 01600. E. Submit written notice to Owner's Representative designating date and uncovered. PART 2- PRODUCTS 2.01 COMPLIANCE Comply with Specifications and standards for each specific product involved. 2.02 NON -SPECIFIED MATERIALS Where Specifications and standards have not been provided, provide materials and fabrication consistent with quality of Project and intended for commercial construction. 2.03 CUTTING AND PATCHING MATERIALS Provide new materials for cutting and patching unless otherwise indicated. PART 3 — EXECUTION 3.01 INSPECTION A. Inspection of Existing Conditions - Inspect existing conditions of Project, including elements B. original installation, subject to damage or to movement during cutting and patching. time work will be Conditions Affecting Installation - After uncovering work, inspect conditions affecting installation of products, or performance of work. C. Report of Unsatisfactory Conditions - Report unsatisfactory or questionable conditions to Owner's Representative in writing; do not proceed with work until Owner's Representative has provided further instructions. 3.02 PREPARATION A. Temporary Support - Provide adequate temporary support as necessary to assure structural value or integrity of affected portion of Work. B. Protection of Existing Components - Protect other portions of Project from damage. CUTTING AND PATCHING 01732 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 131 1 1 I I 1 1 1 1 1 1 1 1 1 1 1 3.03 PERFORMANCE A. Cutting - Execute cutting by methods which provide proper surfaces to receive installation of repairs and finishes. B. Execute excavating and backfilling by methods which will prevent settlement and which will prevent damage to other work. C.. Installation and Fabrication - Employ same installer or fabricator to perform cutting and patching work as employed for new construction for: 1. Weather -exposed or moisture resistant elements. 2. Sight -exposed finished surfaces. D. Compliance - Execute fitting and adjustment of products to provide a finished installation to comply with specified products, functions, tolerances and finishes. E. Restoration of Work - Restore work which has been cut or removed; install new products to provide completed Work in accordance with requirements of Contract Documents. F. Fitting of Work - Fit work tight to pipes, sleeves, ducts, conduit and penetrations through surfaces. G. Refinish entire surfaces as necessary to provide even finish to match adjacent finishes: 1. For continuous surfaces, refinish to nearest intersection. 2. For an assembly, refinish entire unit. **END OF SECTION** CUTTING AND PATCHING O'Neill Slough Tide Gate Reconstruction (Project No. 466237) 01732 Page 132 SECTION 01770 CONTRACT CLOSEOUT 1.0 OPERATION AND MAINTENANCE A. Prior to the delivery and installation of any item of machinery or equipment the Contractor shall submit the Operation and Maintenance Manual. The manual will be reviewed by the Owner's Representative for general content, and the Owner's Representative will advise theContractor within five days of receipt if the manual is acceptable in general content for the delivery and installation of the equipment or machinery. No equipment or machinery shall be delivered or installed if the general content of the manual is found to be deficient. The final Operation and Maintenance Manuals must be submitted and favorably reviewed prior to final acceptance. B. All manuals shall be bound and marked to indicate the specific equipment furnished for this project and shall include: a. Start-up instructions b. Assembly and disassembly instructions c. Trouble shooting instructions d. Lubrication instructions e. Maintenance and reinstallation instructions f. Parts identification g. List of recommended spare parts to have on hand h. Operator safety i. Installation drawings 2.0 EQUIPMENT TESTING After all acceptance tests have been completed by the Contractor and Owner but prior to fmal acceptance, the Contractor shall recheck all equipment for proper alignment and adjustment, check oil levels, relubricate all bearing and wearing points, and in general assure that all equipment is in proper condition for regular continuous operation. 3.0 SITE CLEAN UP Before final inspection of the Work, the Contractor shall clean the construction area, material sites, adjacent property and streets, and all ground occupied by the Contractor in connection with the Work of all rubbish, excess materials, form lumber, etc. All parts of the Work shall be left in a neat and presentable condition. 4.0 RECORD DRAWINGS A. The Contractor shall keep at the Site a copy of the plans and specifications, including addenda and change orders, to which the Design Consultant, and Owner's Representative shall have access at all times. B. The Contractor shall maintain one (1) set of specifications and full size prints and mark thereon any deviation from plan dimensions, elevations, or orientations, and all changes from addenda, CONTRACT CLOSEOUT 01770 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 133 1 1 1 1 1 1 1 1 1. change orders, and clarifications. The Contractor shall submit the record drawings in good condition to the Owner's Representative upon completion of the Work as a condition of acceptance of the Work. Marked prints shall be updated at least weekly and shall be available to the Owner and its representatives for review. The Owner may withhold partial payments if it does not find the record drawings to be satisfactory. 5.0 WARRANTY A. The Contractor hereby agrees to make, at its own expense, all repairs or replacements necessitated by defects in materials or workmanship, supplied under terms of this Contract, and pay for any damage to other works resulting from such defects, which becomes evident within one (1) year after the date of acceptance of the project or the Substantial Completion date whichever is applicable or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents. The Contractor further assumes responsibility for a similar guarantee for all work and materials provided by subcontractors or manufacturers of packaged equipment components. The Contractor also•agrees to indemnify, defend, and hold the Owner harmless from liability of any kind arising from damage due to said defects. B. The Contractor shall execute and submit a completed Warranty Form in the format as appended to this section for the Work, and any portion of the Work possessed in accordance with Paragraph 00700-3.5, Owner's Right to Use or Occupy. The Warranty Form shall be submitted prior to the Substantial Completion date or the final acceptance of the project or within five (5) days of the occupancy or use of a portion of the Work, whichever is applicable. C. The Contractor shall, upon the receipt of notice in writing from the Owner, promptly make all repairs arising out of defective materials, workmanship, or equipment. The Owner is hereby authorized to make such repairs, and the Contractor and its Surety shall be liable for the cost thereof, if ten (10) days after giving of such notice to the Contractor, the Contractor has failed to make or undertake the repairs with due diligence. In case of emergency, where in the opinion of the Owner delay could cause serious loss or damage, repairs may be made without notice being sent to the Contractor, and the expense in connection therewith shall be charged to the Contractor, and its Surety shall be liable for the cost thereof. I). Prior to the expiration of the Warranty period, the Owner reserves the right to hold a meeting and require the attendance of the Contractor. The purpose of the meeting is to review warranties, bonds and maintenance requirements and determine required repair or replacement of defective items. E. For the purpose of this paragraph, acceptance of the Work or a portion of the Work by the Owner, shall not extinguish any covenant or agreement on the part of the Contractor to be performed or fulfilled under this Contract which has not, in fact, been performed or fulfilled at the time of such acceptance. All covenants and agreements shall continue to be binding on the Contractor until they have been fulfilled. The Owner and the Contractor agree that warranty on the parts of the work possessed and used by the Owner in accordance with Paragraph 00700-3.5 "Owner's Right to Use or Occupy," shall commence on the date that the Owner takes possession of such work and so notifies the Contractor in writing. The Owner and Contractor further agree that such possession, and use of CONTRACT CLOSEOUT 01770 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 134 the work shall not be deemed as Substantial Completion or acceptance of any other part of the Work. WARRANTY FORM Warranty For (Project/Component) (Location) We hereby guarantee the (Project/Component) that we have constructed for a period of one (1) year from (Date) the date of acceptance of the work/substantial completion by the ' (Owner) The following are excluded from the provisions of this warranty: We agree that if any of the equipment should fail due to any reason other than improper maintenance or improper operation, if any pipe or appurtenances should develop leakage, or if any settlement of fill or backfill occurs, or should any portion of the work fail to fulfill any of the requirements of the Specifications, we will, within ten days after written notice of such defects, commence to repair or replace the same together with any other work which may be damaged or displaced in so doing. In the event of our failure to comply with the above mentioned conditions within a reasonable time after being notified, or should the circumstances require repairs or replacements to be made before we can be notified or respond to notification, we do hereby authorize the (Owner) to proceed to have the defect repaired and made good at our expense, and we will pay the cost therefore upon demand. The warranty provided herein shall not be in lieu of, but shall be in addition to any warranties or other obligations otherwise imposed by the Contract Documents and by law. Contractor: Signed: Title: Date: **END OF SECTION** CONTRACT CLOSEOUT 01770 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 135 1 1 1 1 1 1 SECTION 02100 CLEARING AND DEMOLITION PART 1- GENERAL 1.01 DOCUMENTS The General Conditions and all other Contract Documents for this project are complementary and applicable to this Section of the Specifications. 1.02 SCOPE OF WORK A. Furnish all labor, materials, equipment, facilities, transportation and services to complete all clearing and demolition and related work as shown on the plans and/or specified herein. B. Work Included: All work necessary to move or remove and legally dispose of all interfering or objectionable material from the project site, including but not necessarily limited to trees, tree branches, tree stumps, brush, shrubs, weeds, debris, roots, rocks, concrete rubble, concrete masonry units, pipe, concrete curbs and gutters, asphalt pavement, concrete structures and concrete slabs, but only as required. Also included is the removal of equipment from the existing tide gate facility, and where such equipment is to be reused or salvaged, the protection of equipment from damage during the duration of work. C. Related Work Specified Elsewhere 1. Earthwork: Section 02200. 2. Asphaltic Concrete Paving: Section 02600. 1.03 REFERENCE STANDARDS Clearing and grubbing shall be in accordance with the provisions of Section 16 of the Standard Specifications, except as modified herein. 1.04 DEFINITIONS A. Clearing: Clearing shall consist of cutting, removing, and disposing of trees, shrubs, brush, limbs, and other vegetative growth. Clearing shall also include the removal and disposal of trash piles, rubbish and fencing, and the preservation of frees, shrubs, and vegetative growth which are not designated for removal. B. Grubbing: Grubbing is the removal and disposal of wood or root matter below the ground surface remaining after clearing. C. Stripping: Stripping refers to the removal and disposal of all organic sod, topsoil, grass, and grass roots; all evidence of surface improvements and other objectionable material remaining after clearing and grubbing. I). Demolition: The removal of existing structures, portions of existing structures, equipment, utilities, concrete curbs, sidewalks, and driveways, pipelines and other appurtenances. CLEARING AND DEMOLITION 02100 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 136 PART 2— PRODUCTS Not Applicable PART 3 - EXECUTION 3.01 EQUIPMENT Equipment shall be suitable for the work to be done and shall be in good operating condition. Equipment operators and workmen are to be skilled in such operations and shall be competently supervised. 3.02 CLEARING, GRUBBING AND STRIPPING Clear, grub and strip areas to be excavated or surfaced. 3.03 DEMOLITION A. Remove existing structures, portions of existing structures, and equipment called for on the plans and as directed by the Engineer. B. Contractor shall not demolish existing facilities beyond the limits designated on the drawings unless specifically directed to do so by the Engineer. 3.04 PRESERVATION OF PROPERTY A. The project area shall be cleared and grubbed only to the extent necessary to accommodate the work in conformance with the notes and details shown on the plans. Trees or growth shall not be trimmed back unnecessarily. Attention is directed to Section 3.05 of this specification section, regarding the protection of trees. B. Contractor shall take extreme care not to damage shrubs, trees, fences, irrigation systems and other improvements of adjacent property owners. C. All existing improvements not specifically designated on the plans to be removed or relocated shall remain in their original condition and location undisturbed. However, upon written permission by the Owner, existing improvements may, for the convenience of the Contractor, and at his expense, be removed and temporarily relocated during construction and shall be replaced in their original location in as good or better condition as' when the Contractor entered upon the work site. 3.05 TREE PROTECTION A. No cutting of any part of trees to remain, including roots, shall be done without direct supervision of a certified arborist (certification of International Society of Aboriculture). B. Contractor shall tag and identify existing trees which are to remain within the project limits and on the public right-of-way prior to beginning work. Protect all such existing trees at all times CLEARING AND DEMOLITION 02100 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 137 from damage by workers and equipment. Repairall minor damage to existing trees by using a licensed tree surgeon or other personnel approved by the City Arborist. Remove such trees permanently disfigured or killed, including roots from the site and replace each such tree or trees with equal sized trees if possible, or reimburse the owner the cost listed below if .such replacement is not possible. The City Arborist shall be the sole judge of the condition of any free. Provide regular watering of existing landscaping within the construction area through the construction period. C. Contractor shall pay to the owner(s), whether City or private, the value of existing trees to remain that died or were damaged because of the Contractor's failure to provide adequate protection and maintenance, in accordance with the following schedule of values, using the `.`tree caliper';' method established in the most recent issue of the "Guide for Establishing Values of Trees and Other Plants," prepared by the Council of Tree and Landscape Architects. 3.06 DEMOLITION OF SURFACE IMPROVEMENTS 1 1 1 ,1 A. Removal of sidewalks, curbs and gutters, driveways, concrete slabs and pavement if necessary shall be in accordance with the provisions of Section 15-3 of the Standard Specifications. Curbs, gutters, sidewalks, driveways, slabs and pavement shall be removed by full depth saw cut to the nearest joint from the lines shown on the plans or as directed by the Engineer. B. Where the plans indicate replacement of existing asphaltic pavement, the existing pavement shall be removed and disposed of off -site. 3.07 REMOVAL OF DEBRIS A. All demolished and cleared material shall become the property of the Contractor and shall be legally disposed of by the Contractor. Refer to Section 01500-3.07 of these Special Provisions for information regarding disposal of debris. B. Removed concrete and asphalt concrete shall be legally disposed of off the right-of-way at a location provided by the Contractor. Demolished concrete shall not be buried in structure backfill areas. 3.08 MEASUREMENT AND PAYMENT Full compensation for finishing all work required for clearing and demolition in conformance with the plans and these specifications shall be included in the lump sum price bid for DEMOLITION, Bid Item No. 5 and CLEARING AND GRUBBING, Bid Item No. 7; per Section 00410 of the Special Provisions. **END OF SECTION** CLEARING AND DEMOLITION 02100 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 138 SECTION 02140 DEWATERING PART 1- GENERAL 1.01 DOCUMENTS The General Conditions and all other Contract Documents for this project are complementary and applicable to this Section of the Specifications. 1.02 SCOPE OF WORK A. Furnish all labor, materials, equipment, facilities, transportation and services for all dewatering necessary to work in the dry. B. Work Included: All work necessary to remove nuisance water from whatever source (Bay tides, groundwater, or surface runoff) that interferes with the progress of the Work. Also included are all equipment and construction necessary for dewatering including pumps, pipe, valves, and suction and discharge appurtenances. C. Related Work Specified Elsewhere 1. Cofferdams: Section 02170 2. Earthwork: Section 02200. 3. Concrete Form Work: Section 03100. 1.03 REFERENCE STANDARDS Dewatering shall be in accordance with the provisions of Section 19-3.04 of the Standard Specifications, except as modified herein. 1.04 SUBMITTALS A. Prior to beginning any demolition or clearing activities, the Contractor shall submit a dewatering plan to the Owner for review. B. The dewatering plan shall be part of an overall excavation management plan as specified in Section 02200 and include shoring plans, cofferdam plans and dewatering provisions. Contractor shall incorporate his overall working schedule into the dewatering plan, and account for predicted tides, lagoon operation and other factors. The dewatering plan shall also indicate periods where the Contractor will request lower lagoon levels. C. The Owner's review of any excavation or dewatering plan shall not relieve the Contractor from his obligation to meet these Specifications and applicable OSHA and Cal OSHA requirements for excavation safety. PART 2— PRODUCTS Not Applicable DEWATERING O'Neill Slough Tide Gate Reconstruction (Project No. 466237) 02140 Page 139 PART 3- EXECUTION 3.01 EQUIPMENT Equipment shall be suitable for the work to be done and shall be in good operating condition. Equipment operators and workmen are to be skilled in such operations, and shall be competently supervised. 3.02 SITE CONDITIONS A. Prior to bidding on the Work, the Contractor shall familiarize himself with project site conditions. No allowance will be made by the Owner for any unfavorable conditions or events which should have been foreseen from a thorough examination of the contract documents, the geotechnical report, the site and working conditions. B. Project elevations range from approximately -8 feet to +9 feet mean sea level (90 feet to 107 feet on the project datum). Depending upon the daily tide, water will be present at all times. C. Water levels in the Marina Lagoon are controlled by the City of San Mateo through pumping. Normal summer level (April through October) is 97.6 feet on the project datum; normal winter level (November through March) is 94.5 feet on the project datum. Contact Mr. Robert Hulsman at (650) 522-7356 to request operational changes in lagoon level at least 72 hours in advance of the desired change. D. It shall be understood that the Owner has only limited control over winter lagoon levels since they are impacted by freshwater runoff. 3.03 CONTROL OF WATER A. Contractor shall control site water so that work may be done in the dry in a safe working environment according to relevant provisions of the Safety Orders. B. Prior to the preparation of subgrade or structural foundation work, the excavation shall be thoroughly dewatered by the use of sump pumps and dewatering equipment as necessary to safely convey water away from structural excavations to positive draining outlets. C. All site water discharge shall be into Marina Lagoon. Discharge of site water back to Belmont Slough is prohibited. D. Contractor shall make adequate provisions for the removal of sediment from groundwater prior to lagoon discharge and protect earthen embankments from erosion. E. The Contractor shall prevent surface water (e.g. rainwater) and subsurface or groundwater from flowing into excavations and from flooding the project site and surrounding areas. F. The Contractor shall remove all water which accumulates in all excavations during the progress of work so that all work can be done in the dry. Excavated areas shall be kept free from water while structures are constructed, while concrete is setting and until backfill has been placed to a sufficient height to anchor the work against possible floatation. DEWATERING 02140 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 140 G. Provide sufficient pumping capacity to maintain the groundwater level at least two feet below the lowest level of excavation or backfill at all times. H. Sufficient pumping equipment for immediate use shall be on the project site at all times, including standby pumps for use in case other pumps become inoperable. Water shall be disposed of so as to cause no injury to public or private property, or to be a menace to the public health. I. Dewatering devices shall be adequately filtered to prevent the removal of fines from the soil. T. The Contractor shall be responsible for any damage to foundations or other parts of existing structures or of the new work, caused by the failure of any part of the Contractor's protective works. K. Depending upon groundwater conditions and the degree of project completion, underground structures are susceptible to floatation prior to backfill and anchorage. Contractor shall prevent the floatation or movement of structures during construction. L. After dewatering is no longer necessary, all dewatering pumps and appurtenances shall be removed by the Contractor. 3.04 HAZARDOUS MATERIALS A. Available information does not suggest that site water may be classified as hazardous material. B. However, pursuant to Section 7104 of the Public Contract Code, the Contractor shall immediately give written notification to the Owner if any of the following conditions are encountered on the project site: 1. Material that the Contractor believes may be hazardous waste. Hazardous waste is defined as any material that is required to be removed to a Class I, Class II, or Class HI disposal site by Section 25117 of the State Health and Safety Code. 2. Subsurface or latent physical conditions differing substantially from those indicated on the plans, specifications and/or any available soil reports, or differing substantially from conditions apparent from field observations. 3. Unknown physical conditions of any unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work required by the Contract. C. The Contractor shall cease all work in the vicinity of the conditions encountered as described above, such that the existing conditions are not disturbed. The Contractor shall protect such site from public access or exposure. D. Upon receipt of the above described written notification, the Owner shall investigate the field conditions. If the Owner determines that the condition of the material encountered does not differ from the expected conditions, and is not hazardous waste, as described above, the Contractor shall proceed with the project work as provided by the contract. If the Owner determines that, due to the nature of the conditions identified in the written notification, the scope of the project has changed, the Contractor shall be directed as to any additional project requirements. A DEWATERING 02140 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 141 corresponding change, either an increase or decrease, shall be made in the amount of payment due to the Contractor in accordance with Section 01250, "MODIFICATION PROCEDURES", of the General Requirements. If additional work is required of the Contractor, and the additional work is deemed to be a controlling item of work for the project, the City Engineer shall have authority to grant an appropriate number of additional working days to the project. E. If the City determines that the condition of the material encountered does not differ from the expected conditions, and is not hazardous waste, as described above, the Contractor shall proceed with the project work as provided by the Contract. F. Except as otherwise described above, all work associated with this provision shall be considered incidental and no additional payment shall be allowed therefore. 1 1 1 1 1 G. In the event of a dispute between the City and the Contractor whether the conditions encountered do materially differ from expected conditions, or involve hazardous waste, or cause a decrease or increase in payment due to the Contractor, or in the amount of said decrease or increase in payment, or warrant an extension of working days, the Contractor shall proceed with all work to be performed under the Contract and shall not be excused from any scheduled completion date provided for by the Contract. The Contractor shall retain the right to make a claim for extra compensation as described in Section . 01250, "MODIFICATION PROCEDURES", of the General Requirements. 3.05 MEASUREMENT AND PAYMENT Full compensation for furnishing all work required for dewatering in conformance with the plans and these specifications shall be included in the lump sum price bid for COFFERDAMS AND DEWATERING, Bid Item No. 8; per Section 00410 of the Special Provisions. **END OF SECTION** DEWATERING 02140 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 142 SECTION 02170 COFFERDAMS PART 1- GENERAL 1.01 DOCUMENTS The General Conditions and all other Contract Documents for this project are complementary and applicable to this Section of the Specifications. 1.02 SCOPE OF WORK A. Furnish all labor, materials, equipment, facilities, transportation and services for all cofferdams necessary at the site to work in the dry. • B. Work Included: All work necessary to protect excavations required for Tide Gate reconstruction, and to prevent or minimize nuisance water flowing into the work area from whatever source (Bay tides, Marina Lagoon, groundwater, or surface runoff) from entering excavation areas and interfering with the progress of the Work. Also included are all equipment and construction necessary for cofferdams including sheeting and shoring, grout seals, falsework, and other related appurtenances. C. Related Work Specified Elsewhere 1. Dewatering: Section 02140. 2. Earthwork: Section 02200. 3. Concrete Form Work: Section 03100. 1.03 REFERENCE STANDARDS Cofferdams shall be in accordance with the provisions of Section 19-3.03 of the Standard Specifications, except as modified herein. 1.04 SUBMITTALS A. Prior to beginning any demolition or clearing activities, the Contractor shall submit a cofferdam and/or shoring plan to the Owner for review. B. The cofferdam/shoring plan shall be part of an overall excavation management plan as specified in Section 02200 and include shoring plans, cofferdam plans and/or dewatering provisions as specified in Section 02140. Contractor shall incorporate his overall working schedule into the cofferdam/shoring plan, and account for predicted tides, lagoon operation and other factors. The excavation management plan shall also indicate periods where the Contractor will request lower lagoon levels. C. Shoring and/or cofferdam plans shall be prepared and stamped by a Registered Civil or Structural Engineer in the State of California. COFFERDAMS 02170 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 143 D. The Owner's review of any cofferdam or shoring plan shall not relieve the Contractor from his obligation to meet these Specifications and applicable OSHA and Cal OSHA requirements for excavation safety. PART 2— PRODUCTS Not Applicable PART 3- EXECUTION 3.01 EQUIPMENT Equipment shall be suitable for the work to be done and shall be in good operating condition. Equipment operators and workmen are to be skilled in such operationsand shall be competently supervised. 3.02 SITE CONDITIONS A. Prior to bidding on the Work, the Contractor shall familiarize himself with project site conditions. No allowance will be made by the Owner for any unfavorable conditions or events which should have been foreseen from a thorough examination of the contract documents, the geotechnical report, the site and working conditions. B. Project elevations range from approximately -8 feet to +9 feet mean sea level (90 feet to 107 feet on the project datum). Depending upon the daily tide, water will be present at all times. C. Water levels in the Marina Lagoon are controlled by the City of San Mateo through pumping. Normal summer level (April through October) is 97.6 feet on the project datum; normal winter level (November through March) is 94.5 feet on the project datum. Contact Mr. Robert Hulsman at (650) 522-7356 to request operational changes in lagoon level at least 72 hours in advance of the desired change. D. It shall be understood that the Owner has only limited control over winter lagoon levels since they are impacted by freshwater runoff. 3.03 METHODS A. Methods used to control the entrance of water to work sites are solely at the discretion of the Contractor, insofar as those methods are in accordance with relevant provisions of the Safety Orders. B. Cofferdam construction shall be considered in conjunction with other dewatering provisions. 3.04 COFFERDAM LOCATION A. Cofferdams constructed to control tidal -water from Belmont Slough shall be constructed within the concrete footprint of the existing O'Neill Slough Tide Gate shown on the Drawings. There is no prohibition against a cofferdam within Marina Lagoon. COFFERDAMS 02170 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 144 B. Cofferdams shall not be constructed within environmentally sensitive areas identified on the Drawings or fenced in the field. C. Cofferdam locations are subject to review and approval by the Owner. 3.05 COFFERDAM REMOVAL All facilities constructed to protect excavations and control water during construction are temporary, the property of the Contractor, and shall be removed from the project site upon completion of all work necessitating the cofferdam. 3.06 MEASUREMENT AND PAYMENT Full compensation for furnishing all work required for controlling water and cofferdam construction and maintenance in conformance with the plans and these specifications shall be included in the lump sum price bid for COFFERDAMS AND DEWATERING, Bid Item No. 8; per Section 00410 of the Special Provisions. **END OF SECTION** COFFERDAMS 02170 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 145 I 1 I I t 1 I 1 1 1 I SECTION 02200 EARTHWORK PART 1- GENERAL. 1.01 DOCUMENTS The General Conditions and all other Contract Documents for this project are complementary and applicable to this Section of the Specifications. 1.02 SCOPE OF WORK A. Furnish all labor, materials, equipment, facilities, transportation and services to complete all excavation, backfill, fill, grading and related work as shown on the plans and/or specified herein. B. Work Included: The general extent of all excavation, fill and grading is shown on the plans and includes, but is not necessarily limited to, the following: 1. Removal of excess and unsuitable material from the site. 2. Excavation of material to allow for the placement of underground structures, including any necessary shoring and bracing. 3. Backfilling of underground conduit and structures. 4. Preparation of subgrade for concrete slab work and pavement. 5. Fumish and compact artificial fill. 6. Finish grading. C. Related Work Specified Elsewhere I. Clearing and Demolition: Section 02100. 2. Dewatering: Section 02140. 3. Cofferdams: Section 02170. 4. Asphaltic Concrete Paving: Section 02600. 5. Planting: Section 02900. 1.03 REFERENCE STANDARDS Unless modified herein, earthwork shall conform to the provisions of State Standard Specification 19, "EARTHWORK". A. ASTM D422 Method for Particle -Size Analysis of Soili B. ASTM D1557 Test Methods for Moisture -Density Relations of Soils and Soil -Aggregate Mixtures Using 10 -lb Rammer and 18 -inch Drop EARTHWORK 02200 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 146 1.04 DEFINITIONS A. Excavation: Work shall consist of excavation, storage and any necessary removal of native soil material for structures, foundations and pavement. Excavation may include the removal and disposal of existing pavement or concrete slab materials. B. Fill: Soil or soil -rock material placed to raise. the existing grade of the site or to backfill excavations. C. Topsoil: Soil placed within one vertical foot of finished grade. D. On -Site Material: Material obtained from the project site. E. Import Material: Material required for earthwork construction in excess of the quantity of suitable material available from required grading, cuts and excavations. Import material may be necessary even though not shown on plans. F. Select Material: Material meeting the requirements specified herein. G. Degree of Compaction: The ratio of the in -place density of constructed fill to the maximum dry density determined by ASTM D1557. H. In -Place Density: The dry density of constructed fill determined in accordance with the moisture -density gage method, ASTM Designation: D2922. PART 2- PRODUCTS 2.01 GENERAL BACKFILL A. General Fill Requirements: Material for general site filling shall be free from sod, large lumps, boulders, rocks, roots, brush, or other objectionable material, and free of hazardous materials as defined by Section 25117 of the State Health and Safety Code. General fill should be obtained from on -site material insofar as practical, but should on -site material be unsuitable for general fill in quantity and/or quality, the Contractor shall furnish and place suitable import material. B. Imported Materials: Imported materials shall be in conformance with Section 19 of the State Standard Specifications, these Special Provisions for their intended use, and approved by the Engineer prior to use. The Contractor shall submit for review on all backfill materials used on the project: the source of the material, environmental history and past uses of the property at the source location, quantity of material and the purpose for which it is intended. 2.02 STRUCTURAL BACKFILL A. Structures shall be backfilled as detailed on the plans withon-site inorganic soil or imported structural fill complying with these specifications. Structural fill from on -site inorganic soil or imported backfill is subject to approval by the Engineer. B. Structural fill using on -site soil or imported materials shall be placed inlayers, each not exceeding eight inches in thickness (prior to compaction), conditioned with water (or allowed to EARTHWORK 02200 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 147 I 1 1 I 1 I 1 I 1 1 1 I thy, as necessary) to produce a soil water content of one to three percent above the optimum value, and compacted to 90 percent relative compaction. C. Soil used as structural fill shall be inorganic, free from deleterious materials, and contain no more than 15 percent by weight of rocks larger than three inches (largest dimension), and no rocks larger than six inches, and conform to Section 19 of the State Standard Specification. 2.03 LEVEE FILL A. Backfill for all excavation above elevation 97 feet project datum, and fill for new levee construction shall be imported backfill meeting these requirements or suitable onsite material from levee excavation blended with imported fill material. B. Levee fill material shall be free of debris, organic or deleterious material and shall not contain rocks or lumps larger than 3 inches in greatest dimension, with no more than 15 percent larger than 2%z inches. At least 75 percent of the fill shall have a particle size passing the No. 4 sieve with no less than 50 percent passing the No. 200 sieve. C. Levee fill material shall have a Liquid Limit less than 40 percent and a Plasticity Index between 10 and 20. After compaction, the fill shall have a hydraulic conductivity less than 10-5 cm/sec, a minimum effective friction angle of 32 degrees and minimum undrained shear strength of 800 pounds per square foot (psf). D. A sample of all proposed imported fill from alternative borrow sources shall be submitted for compliance testing at least four weeks prior to the proposed date of import. Consideration will also be given to the environmental characteristics of imported soils per Paragraph 2.05 below. 2.04 CONTROLLED DENSITY FILL (CDF) A. Controlled density fill may be substituted for structural backfill only upon the written authorization of the Engineer. A material submittal included the proposed location for CDF must be submitted for review and approval. B. If used, controlled density fill shall have the following properties: Cement (1.25 sacks per cubic yard) 2.22% by volume Fly ash 2.37% Water 23.74% Sand 71.67% 2.05 OFFSITE SOIL SUITABILITY A. Contractor shall sample and test soil from off -site sources prior to importing soil to the site for use in levee construction. Tests will evaluate toxicity that would limit the soil's use as a revegetation substrate. Imported Topsoil: Form 430-C as determined by Testing Laboratory (Soil and Plant Laboratory, or accepted equal). EARTHWORK 02200 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 148 1. Physical properties: USDA sandy loam, sandy clay loam or loam. Particle Size Range Percent Coarse sand .5 — 2.0 nun 0 - 15% Silt plus clay <0.05 mm 25 — 50% Silt 0.002 —.0.05 mm 10 — 30% Clay 0-0.002nun 10-25% Gravel 2 —13 mm 0 —15% Rock %2 - <1 inch 0 — 10% by volume Organic matter 0 — 15% 2. Chemistry: Salinity: less than 3.0 dS/m @ 25°C Sodium adsorption: less than 6.0 Boron: Less than 1.0 ppm pH of saturated paste: 5.5 — 7.5 3. Qualitative lime level shall be low in opinion of testing laboratory. 4. Fertility characteristics shall be modifiable by the incorporation of conventional fertilizers to provide fertility levels to sustain normal growth. C. The lab report shall indicate any constituent that is at a level toxic to plants. D. Submit soil test results to Biologist for review. E. Biologist may deem soil unsuitable for use as a planting medium. If soil is deemed unsuitable, the Contractor shall identify a different source of soil and the analysis described above shall be repeated. PART 3 - EXECUTION 3.01 JOB CONDITIONS A. Existing Conditions: The Contractor shall, prior to submitting his bid, visit the site and become familiar with actual site and soil conditions. Site soil boring logs are included with the geotechnical data referenced in Section 00220. The Contractor should be aware of the continuous presence of tidal, lagoon and groundwater at the project site, the level of which will fluctuate with the seasons. No allowance will be made by the City for any unfavorable conditions or events which should have been foreseen from a thorough examination of the contract documents, the geotechnical report, the site and working conditions. B. Protection: If existing live utilities are encountered, they are to be protected from damage and the proper authorities notified. Attention is directed to the Drawings which indicate the presence of a high voltage underground PG&E electric utility. Service shall not be interrupted except as directed or accepted; allow sufficient time for utility companies to arrange for continuation of services. Record unmarked utility locations on record drawings. Open excavations, trenches, and EARTHWORK 02200 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 149 the like are to be protected with fences, barricades, covers and railings as required. Every precaution shall be taken to prevent spillage when hauling on or adjacent to any public street or highway. Any spillage shall be promptly removed. 3.02 HAZARDOUS MATERIALS Available information doesnot indicate the presence of hazardous substances on -site. Provisions contained in Section 02140-3.04 of these Specifications regarding the handling of hazardous materials found in site water apply to the potential presence of such material within site soils. 3.03 SAFETY A. The Contractor is solely responsible for excavation safety, including support to all adjacent improvements at all times. B. Excavation shall be in accordance with the State of California Construction Safety Orders. The' Contractor shall, in accordance with Section 6705 of the California Labor Code, submit a detailed drawing to the Engineer before excavation begins, showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground during any excavation of five or more feet in depth. C. Contractor is hereby notified that the design intent of the Drawings is to utilize existing concrete walls as shoring systems. Contractor shall confirm that this use is compatible with his responsibility for excavation safety, and propose alternative plans should this not be the case. D. Review by the Engineer or Owner of the calculations and drawings or inspection performed by the Engineer will in no way relieve the Contractor for full responsibility for the shoring systems. Prior to applying any loading on the shoring, the Contractor's Engineer shall inspect the installation and certify in writing that the shoring system conforms to the drawings and that the material and workmanship are satisfactory. This certification shall be provided to the City and be available on the project site in accordance with Article 1717 of the Construction Safety Orders, Title 8, California Administrative Code. E. If the Contractor presents a drawing which varies from shoring. system standards established by the Construction Safety Orders, the drawing shall be prepared and signed by a registered civil or structural engineer licensed by the State of California. Any Engineer's review of said drawings will in no way relieve the Contractor from responsibility and liability for the adequacy of shoring systems and excavations. F. Excavation shall not begin until shoring drawings have been returned by the Engineer. G. The Contractor shall pay for and comply with all provisions of the permit required by Section 6500 of the California Occupational Safety and Health Act. 3.04 SHORING A. The design of shoring support systems is solely the Contractor's responsibility. Dewatering and cofferdam systems shall be considered in conjunction with the shoring system used. EARTHWORK 02200 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) 'Page 150 B. Prior to the start of work, Contractor shall submit shoring and dewatering plans to the Engineer for review. C. Shoring systems should be designed to resist the larger of either the earth pressure distribution prescribed by the safety regulations or the lateral pressure recommendations provided in the geotechnical report referenced in Section 00200. Traffic loads and surcharge weights, such as stockpiled materials, must also be considered in the shoring design. D. Shoring systems shall protect excavations and adjacent improvements from running, caving, boiling, settling, heaving, or sliding soil resulting from the groundwater table and/or the nature of the soil excavated. Contractor shall adhere to Section 832 of the Civil Code of the State of California relating to lateral and subjacent supports. E. Support for excavation shall remain in place until the structural work has been completed. During backlit] operations, the shoring, sheeting, and/or bracing shall be carefully removed so that there are no voids created and no caving, lateral movement or flowing of the subsoils. F. Full compensation for doing all work required to brace excavations and for comply with these requirements shall be included in the items of work which require the shoring. 3.05 CONTROL OF WATER A. Water may be encountered within the Work at any time, and the presence of such water is likely to be continuous. B. The control of water for earthwork operations shall conform to Section 02140, "DEWATERING," of these Special Provisions. 3.06 PREPARATION OF SUBGRADE Strip surface vegetation, weeds, and at least the top six inches from areas underlying surface structures and. areas to be paved. Excavate soft, wet, or otherwise unsuitable base grade to firm, unyielding soil. 3.07 PRESERVATION OF TREES DURING EARTHWORK A. Contractor shall notify the City Arborist 72 hours in advance of any work requiring digging around or within the dripline of existing trees on adjacent properties. i B. The Arborist will examine the situation, and provide recommendations for protection, if applicable. No trenching or excavation shall be done within the dripline of existing trees until the City Arborist has made an examination and provided recommendations. Contractor is responsible for following said recommendations. C. In instances where necessary project work results in the fatal damage of adjacent trees, Owner will provide compensation to property owners outside of this Contract. In instances where the Contractor's failure to follow recommended construction practices results in damage or fatality, Contractor shall be responsible for the damage including the replacement of trees at the Arborist's direction by other forces. EARTHWORK 02200 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 151 I I I I I 1 I I I I I 1 D. Any cutting of existing tree roots shall be approved by the City Arborist. E. When construction occurs within the dripline of existing frees, Contractor is to pile the soil on the side of the excavation away from the tree if feasible. When this is not possible, place soil on plywood, a tarp, or thick bed of mulch to prevent cutting into the soil surface when the backhoe or tractor blade refills the trench. F. Refill open trenches quickly within hours of excavation when they occur within the dripline of existing trees. If this is not possible and weather is hot, dry, or windy, Contractor must keep root ends moist by covering them with wet burlap. If temperature is 80°F or greater, the burlap shall be inspected every hour and re -wet as necessary to maintain a constant cool moist condition. If temperature is below 80°F, the burlap may be inspected every four hours and re -wet as necessary to maintain a cool moist condition. G. When trenching near roots, the Contractor must first cut roots with a root cutter prior to any trenching, to avoid tugging or pulling of roots. When roots two inches or larger in diameter must be cut, shovel by hand near the roots and saw the roots. Saw accidentally broken roots a few inches behind the ragged end. II. Grading shall not be done so as to create drainage problems for trees. 3.08 EXCAVATION A. Contractor shall notify the Engineer of any site condition not reflected on the plans or in these specifications, such as conflict in grade, bad soil, or unexpected utility lines. The Geotechnical Engineer will inspect the excavation bottom prior to placing permeable material, and may recommend further excavation if soils are not suitable. B. Excavate to the lines, grades and dimensions shown on the plans. Excavations shall be made to such width outside the lines of the structure to be constructed as may be required for proper working methods, the erection of forms, and the protection of work. Any resulting over - excavation extending beyond the lines, grades, and dimensions shown on the plans shall be backfilled with material complying with these specifications at no additional cost to the City. C. Care.shall be taken to preserve foundation surfaces in an undisturbed cotidition and excavation at or near property lines shall be performed in a manner that minimizes disturbances to adjacent property. My foundation surfaces disturbed without the Engineer's authorization shall be replaced at the Contractor's expense with clean compacted drain rock or other material approved by the Engineer so that by test, the bearing capacity of the replacement material is equal to or better than the undisturbed foundation material. D. Existing structures and completed work shall be adequately braced and cared for so that no damage will result. E. As directed by the Engineer, soft, spongy, or unsuitable bearing material of any kind shall be removed down to satisfactory bearing and replaced with materials specified herein. Such over - excavations not specifically specified or shown on the plans will be paid for as extra work. Unauthorized excavations shall be corrected at no cost to the City. EARTHWORK O'Neill Slough Tide Gate Reconstruction (Project No. 466237) 02200 Page 152 F. If previous trenches are encountered, any loose materials shall be excavated, backfilled and recompacted in accordance with these specifications. G. Excavated material unsuitable for backfill or in excess of the amount required for backfill shall be disposed of by the Contractor off the site at his expense. 3.09 BACKFILLING A. Prior to the placement of fill, the Engineer shall be notified of the source of materials and their suitability for the particular fill application. Work shall not be backfilled without Owner approval. Any work so covered prior to approval shall be uncovered at the Contractor's expense. B. All debris, form work, etc. shall be removed from the excavation prior to backfilling. C. Pipe and conduits shall be supported during the placement and compaction of bedding and backfill. D. Fill materials shall be spread in level layers of appropriate thickness for the compaction equipment to be used and moisture content of the material, and compacted as specified. E. Granular backfill shall be tamped mechanically or manually along the sides of pipes and structures to minimize voids in the material between the pipe or structure and excavation walls. No flooding or jetting shall be used to compact bedding or backfill materials. F. Moisture Content: Fill materials shall have the uniform moisture content necessary for compaction to the specified dry density. G. No fill shall be placed during conditions that will alter the moisture content of the fill material sufficiently to make adequate compaction impossible. After placing operations have been stopped due to adverse conditions, no additional fill material shall be placed until the last layer compacted has been checked and found to be compacted to the specified densities. H. Tests: Tests are to be made on each layer of fill to assure adequate compaction throughout the entire area. If the field densities are not satisfactory, the Contractor will be required to recompact each layer and/or work area as necessary to achieve the specified densities. Compaction testing will be performed in accordance with ASTM D1556, D1557, D2922 and D3017. 3.10 LEVEE CONSTRUCTION A. Surfaces exposed by stripping or excavation shall be scarified to a minimum depth of 6 inches and compacted to a relative compaction of not less than 90% based on ASTM D1557. The loose thickness of each layer of embankment material before compaction shall not exceed 8 inches, and each lift shall be compacted to at least 90% relative compaction per ASTM D1557. B. The field density and moisture content of compacted fill will be determined according to ASTM D1556, D2922 and D3017 standards. Any backfilled area not meeting the minimum test requirements shall be removed and recompacted until tests meet the minimum requirements. Jetting or ponding is not permitted. EARTHWORK 02200 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 153 I I r I I 1 I I I I 1 C. Thin sliver embankment fills will not be accepted. Where compacted levee embankment is required or where replacement in over -excavated areas is needed, the new embankment shall be placed in thin, 8 inch thick maximum horizontal layers with a minimum width of 6 feet. This specified width may be any combination of new fill plus cut into the existing slope, except that a minimum cut of two feet into the existing slope per layer of fill must be made. Slopes shall be trimmed to conform to the existing section after the placement of fill has been completed. 3.11 COMPACTION A. Unless otherwise specified herein, fill materials shall be compacted to relative compactions based on the ASTM D1557 maximum dry density as follows: Pipe or Conduit Bedding 95% Trench Backfill under Paved Areas 95% Structural Backfill and Levee Fill 90% Trench Backfill under Non -Paved Areas 90% All Other Backfill 90% B. The biologist will evaluate topsoil once levee construction is complete for compaction suitability. Planting areas with compaction considerably greater than 90% will be considered unsuitable for revegetation. Soil with greater than 90% compaction shall be disked or ripped to a depth of 12 inches as directed by the biologist and amended/conditioned per Section 02215 of these Specifications. 3.12 GRADING A. Contractor shall grade the site to establish finish grades of constructed elements. The remainder of site may be graded as required to match improvements to existing contours. B. All ground surfaces shall be finished to uniform grades and slopes as indicated on the plans so that the ground drains properly and is free from depressions which may cause areas of standing water. Drainage shall be away from foundations and slabs. Clods are to be broken up and the surface of the ground shall be uniformly pulverized and graded. C. Existing levee remnants shown on the Drawings shall be over -excavated to form a natural grade and replaced with amended soil at the surface grade, so that the planting area in this location has the same soil as other planting areas at the project site. C. Finish grades should be at least one inch below the surface of adjacent walks, curbs, paved areas, etc. without abrupt change in gradient either in the surface of the soil or where the soil meets such features. D. At the completion of grading work, the site shall be left in a clean and finished condition. EARTHWORK 02200 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 154 I 3.13 MEASUREMENT AND PAYMENT Earthwork including shoring, excavation, fills, dewatering, backfilling, compaction and finish grading shall be paid for in the prices bid -per each item of: SHEETING, SHORING & BRACING, Bid Item No. 2; ENGINEERED FILL, Bid Item No. 16; SOIL PREPARATION AND PLANTING, Bid Item No. 18; FINAL GRADING AND SITE RESTORATION, Bid Item No. 19; and any other bid items requiring backfill or earthwork; all in accordance with the provisions of Sections 00410 and 01025 of these Special Provisions. **END OF SECTION** EARTHWORK 02200 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 155 I I I I I I I I SECTION 02350 DRIVEN PILES PART 1 -GENERAL 1.01 DOCUMENTS The General Conditions and all other Contract Documents for this project are complementary and applicable to this Section of the Specifications. 1.02 SCOPE OF WORK A. Furnish all labor, materials, equipment, facilities, transportation and services to furnish and install, complete and in -place, precast concrete piles as shown on the Drawings and specified herein. B. Work Included: The general extent of precast pile installation is shown and detailed on the plans and includes, but is not necessarily limited to, the following: 1. Locations of existing untreated timber piles based on the Drawings. 2. Locations for new precast concrete piles based on control lines established from the Drawings. 3. Targeted demolition of existing concrete slab at each precast concrete pile location sufficient only to allow for the installation of the new pile. Demolition will include concrete and reinforcing steel removal. 4. Furnish and transport precast concrete piles to site. 5. Provide pile driving equipment adequate for the work. 6. Drive precast concrete piles in the locations shown on the Drawings to indicated and/or specified depth and/or capacity. 7. Remove excess pile length after installation as required. C. Related Work Specified Elsewhere 1. Clearing and Demolition: Section 02100. 2. Dewatering: Section 02140. 3. Cofferdams: Section 02170. 4. Cast -in -Place Concrete: Section 03300. 1.03 REFERENCE STANDARDS Unless modified herein, driven concrete piles shall conform to the provisions of State Standard Specification 49-3, "PRECAST PRESTRESSED CONCRETE PILES." DRIVEN PILES 02350 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 156 1.04 SUBMITTALS A. Working drawings and material data shall be submitted to the Owner in conformance with Section 01330 of these Special Provisions. B. Wave Equation Analysis of Piles (WEAP) results, performed by a licensed civil, structural or geotechnical engineer, that includes: 1. Bearing graph 2. Drivability graph 3. Completed copy of pile driving information form 4. An echo print of the WEAP analysis input data 5. Copy of printed output data for both the bearing graph and drivability graph Provide WEAP results at least five (5) days prior to mobilization of pile driving equipment to the site. C. Owner shall have the option of inspecting piling at the fabrication site, following State Specification Section 49-3.01. PART 2 - PRODUCTS 2.01 PRECAST, PRESTRESSED CONCRETE PILES A. Precast, prestressed concrete piles shall meet material specifications outlined in State Standard Specification Section 49-3. B. Unless otherwise noted, all concrete piles shall be Class 70C (70 -ton capacity, corrosion resistant). C. A site soil corrosivity study is available for review at the City of San Mateo as referenced in Section 00220 of these Special Provisions. 2.02 CORROSION CONTROL Cementitious material used in portland cement concrete for precast piles shall be comprised of either: A. 20 percent by mass of mineral admixture conforming to ASTM C618 Class F or N, 5 percent by mass of mineral admixture conforming to ASTM C1240, and 75 percent by mass of cement; or B. 10 percent by mass of mineral admixture conforming to ASTM C1240, and.90 percent by mass of cement; or C. 10 percent by mass of metakaolin conforming to ASTM C618 Class N, and 90 percent by mass of cement. Metakaolin shall also conform to the following chemical and physical requirements: DRIVEN PILES 02350 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 157 I I I I 1 I I I I I I I I 1 I Chemical Requirements Percent Silicon Dioxide (SiO2) + Aluminum Oxide (A1203) 92.0 min Calcium Oxide (CaO) 1.0 max Sulfur Trioxide (503) 1.0 max Loss on Ignition 1.2 max Available Alkalies (as Na2O) equivalent 1.0 max Physical Requirements Retained 45-µm (No. 325) sieve 2.0 max Strength Activity Index with portland cement 7 days 28 days 100 (min % of control) 100 (min % of control PART 3 - EXECUTION 3.01 JOB CONDITIONS A. Site Access: The Contractor shall, prior to submitting his bid, visit the site and become familiar with actual site conditions, and in particular, access for pile driving equipment and other transportation issues. Overhead and underground electrical power lines are present at the project site and along the local access routes from major freeways. The Contractor should be aware of the continuous presence of tidal, lagoon and groundwater at the project site, the level of which will fluctuate with the seasons. No allowance will be made by the City for any unfavorable conditions or events which should have been foreseen from a thorough examination of the contract documents, the geotechnical report, the site and working conditions. B. Protection: If existing live utilities are encountered, they are to be protected from damage during pile driving activities and the proper authorities notified. Attention is directed to the Drawings which indicate the presence of a high voltage underground PG&E electric utility. Service shall not be interrupted during pile driving except as directed or accepted; allow sufficient time for utility companies to arrange for continuation of services. Every precaution shall be taken to prevent damage to public or private property when transporting materials and equipment to the project site, and when driving piles. Property damage occasioned by his activities shall be corrected immediately at the Contractor's expense. 3.02 HOURS OF OPERATION Active pile driving is limited to the hours of 8:00 a.m. to 4:00 p.m. Pile driving shall not be undertaken during weekend or holiday hours. 3.03 SAFETY A. The Contractor is solely responsible for jobsite and worker safety during pile driving, including support to all adjacent improvements and the protection of the public at all times. B. All pile driving activities shall be in accordance with the State of California Construction Safety Orders and applicable OSHA regulations. DRIVEN PILES 02350 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 158 3.04 EQUIPMENT A. Equipment shall be suitable for the work to be done and shall be in good operating condition. Equipment operators and workmen are to be skilled in such operations and shall be competently supervised. • B. The Contractor is solely responsible for providing pile driving and transportation equipment, suitable for project site conditions and available site access, of sufficient capacity to drive precast concrete piles to the indicated depth and capacity. C. Driving equipment shall be in accordance with Section 49-1.05 of the State Specifications. Drop hammers shall not be used. 3.05 PILE DRIVING A. Piles shall be driven at least to an elevation of 40.5 feet (project datum) and a bearing load value of not less than 70 tons. B. Any predrilling shall be limited to the soils above the bottom of Bay Mud soils. The diameter of predrilled holes shall not exceed ten inches (10", based on a 12" pile width). C. Piles shall be driven continuously, without interruption, until the required depth and bearing criteria are attained. D. Adjacent piles shall not be driven in sequence. E. Pile driving shall conform to State Specification Section 49-1.07. F. Piles shall be cut off and anchored to the new concrete foundation as detailed on the Drawings. 3.06 INSPECTION A. The Engineer shall be present during the installation of the first pile driven. The Engineer shall be the sole authority in the determination of whether or not this pile has been installed properly. B. After the first pile has been successfully driven, the Engineer will no longer be required to be present at the site; however, unusual driving conditions or unexpected subsurface conditions shall be brought to the immediate attention of the Engineer. C. The Contractor shall keep a log of piling installation and submit log reports including blow counts to the Engineer in conformance with Section 01330 of these Special Provisions. D. The Contractor shall notify the Owner for inspection after the footing excavations have been made; before the footing forms are set; and again when the foundation forms are in place, but before footings are poured. DRIVEN PILES 02350 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 159 I I I I I I I I I I I I I I I I I i I I 1 1 1 1 1 I 1 1 1 1 1 1 1 1 1 I 3.07 MEASUREMENT AND PAYMENT A. Full compensation for any and all other work necessary to obtain the specified penetration and bearing value of the piles, for drilling holes through existing concrete slabs, for filling any annular space remaining around the pile with sand or pea gravel, and for disposing of material resulting from drilling holes as specified herein and directed by the Engineer shall be considered as included in the contract price paid per lineal foot for precast concrete piles and no additional compensation will be allowed. B. No payment will be made for piles driven out of place, for imperfect piles, or for piles which are damaged in handling or driving. C. Full compensation for furnishing concrete piles to the site shall be the price bid per lineal foot for FURNISH CLASS 70C PILING, Bid Item No. 9; and full compensation for driving piles to the penetration specified and cut off to the elevation shown on the Drawings shall be the unit price bid per each for DRIVE CLASS 70C PILES, Bid Item No. 10; in accordance with the provisions of Sections 00410 and 01025 of these Special Provisions. **END OF SECTION** DRIVEN PILES 02350 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 160 SECTION 02600 ASPHALTIC CONCRETE PAVING PART! - GENERAL 1.01 DOCUMENTS The General Conditions and all other Contract Documents for this project are complementary and applicable to this Section of the Specifications. 1.02 SCOPE OF WORK A. Furnish all labor, materials, equipment, facilities, transportation and services to complete all asphaltic concrete paving as shown on the plans and/or specified herein. B. Work Included: The general extent of AC pavement replacement is shown on the plans. AC Paving also includes the repair or replacement of existing AC pavement damaged or cut during the course of construction. Pavement to be repaired shall match existing pavement and shall be of the same section. C. Related Work Specified Elsewhere 1. Earthwork: Section 02200. 1.03 REFERENCE STANDARDS Asphalt concrete pavement and asphaltic concrete paving shall conform to Section 39 of the State Standard Specifications. 1.04 QUALITY ASSURANCE Upon completion of the work, the job shall be checked to see that all grades fall evenly to drain water as in the pre-existing condition. Care shall be taken that no shallow ponds or bird baths remain. PART 2 -PRODUCTS 2.01 AGGREGATE BASE Aggregate base shall conform to the requirements of Class 2 aggregate base (1-1/2 inch maximum) as defined in Section 26 of the Standard Specifications. 2.02 ASPHALT CONCRETE A. Asphalt concrete shall conform to the requirements of Standard Specification Section 39 for Type A or B asphalt with 'cinch maximum medium gradation. B. A liquid asphalt prime coat conforming to the Standard Specifications shall be applied to all areas to be surfaced with asphalt concrete. ASPHALTIC CONCRETE PAVING 02600 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 161 I I I I I I I 1 1 C. A medium fog seal coat complying with Standard Specification Section 37-1 shall be applied to all AC surfaces. PART 3- EXECUTION 3.01 PAVEMENT REPLACEMENT 1 I I 1 1 1 Existing pavements, curbs and gutters which are removed or damaged during construction shall be removed from the site and disposed of in a manner and location acceptable to the Engineer. They shall be replaced with the pavement sections specified within. The reconstructed work shall meet the lines and grades indicated; where new grades are not indicated, the existing grade shall be preserved. 3.02 NEW PAVEMENT New asphaltic concrete pavement shall be placed to the dimensions shown on the Drawings in conformance with'Sections 37-1 and 39 of the Standard Specifications. 3.03 MEASUREMENT AND PAYMENT Full compensation for all work and materials specified herein for AC pavement replacement shall be the unit price bid per square foot for ASPHALT PAVING,Bid Item No. 17 and FINAL GRADING AND SITE RESTORATION, Bid Item No. 19 for those items of work where pavement restoration is required. Payment shall be in conformance with Sections 00410 and 01025 of these Special Provisions. **END OF SECTION** ASPHALTIC CONCRETE PAVING 02600 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) • Page 162 SECTION 02830 , CHAIN LINK FENCING PART 1- GENERAL 1.01 DOCUMENTS The General Conditions and all other Contract Documents for this project are complementary and applicable to this Section of the Specifications. 1.02 SCOPE OF WORK A. Replace existing chain link fencing and/or gates disturbed during construction in equal or better condition. B. The intent of this specification is to provide for a complete installation in a workmanlike and professional manner. Not all required materials, installation procedures or hardware may be specifically referred to. C. Related Work Specified Elsewhere 1. Earthwork: Section 02200. 2. Concrete: Section 03300. 1.03 REFERENCE STANDARDS A. State Standard Specification Section 80. B. ASTM A36 Structural Steel C. ASTM A53 Pipe, Steel, Black and Hot -Dipped, Zinc -Coated Welded and Seamless D. ASTM A123 Zinc (Hot -Dipped Galvanized) Coatings on Iron and Steel Products E. ASTM A153 Zinc Coating (Hot -Dip) on Iron and Steel Hardware PART 2- PRODUCTS 2.01 MATERIALS A. Posts and Rails: ASTM A53 steel hot -dipped galvanized to match existing fencing. B. Fabric: A392 knuckled top and bottom. Single width fabric to full height of fence. Nine (9) gaugefinished wire size, two-inch mesh. C. Truss Rods: 3/8" diameter, steel rod, galvanized with truss tightener. D. Ties: 9 gauge galvanized wire. CHAIN LINK FENCING 02830 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 163 I e I I I I I I I I I I i I I I I I I 1 I I i 1 I I 1 i. 1 E. Bars, Band, Clips, Bolts, Fittings and Hardware: Galvanized. F. Tension Wire: 7 gauge coil spring galvanized. G. Malleable Tops: For all corner, gate and terminal posts. H. Accessories and Hardware: Galvanized. PART 3 - EXECUTION 3.01 INSTALLATION A. Contractor shall install a fence of the type and height necessary to replace fencing damaged by his operations using manufacturers' standard fittings, fasteners, and hardware. Fence height, post and rail diameter, and post spacing shall match the damaged fencing in -kind. B. Galvanized surfaces that are abraded or damaged at any time after the application of the zinc coating shall be repaired by thoroughly wire brushing the damaged areas and removing all loose and cracked coating, after which the cleaned areas shall be coated with a zinc rich primer without thinner. 3.02 HANDLING A. Care shall be taken in handling, transporting and placing pipe and appurtenant structures to prevent damage to the materials or installation. B. No damaged pipe, fabric, or hardware will be accepted until and unless the damage has been repaired to the satisfaction of the Engineer. Damaged materials will be replaced at the Engineer's discretion. 3.03 MEASUREMENT AND PAYMENT Full compensation for all labor, materials, equipment and services to furnish and install replacement chain link fence, gates and appurtenant structures shall be included in the lump sum bid, price for FINAL GRADING AND SITE RESTORATION, Bid Item No. 19; in accordance with the provisions of Section 00410 and 01025 of these Special Provisions: **END OF SECTION** CHAIN LINK FENCING 02830 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 164 SECTION 02900 PLANTING PART 1- GENERAL 1.01 SUMMARY A. Work under this section includes all labor, tools, equipment, and materials required to test and amend - soil and for the construction of Planting as part of Work within the levee construction area, as shown on the Drawings and as specified herein, including but not limited to: I. Procurement of seed. 2. Procurement of container plant stock. 3. Soil testing. 4. Soil preparation. 5. Hydroseeding. 6. Installation of erosion control fabric. 7. Flag container planting locations for approval. 8. Installation of wetland plants from container stock. 9. Site cleanup. B. Related sections 1. Section 02200 — Earthwork C. Soil amendment specification depends on lab test results. Upon test results BIOLOGIST will specify amendment and application procedures. 1.02 REFERENCES A. Reference standards: Comply with applicable provisions of the following: 1. Nomenclature: "Western Garden Book," 1999 edition or later; Sunset Publishing Co., Menlo Park, CA. 2. Plant material standards: "American Standard for Nursery Stock," 2004 edition; American Association of Nurserymen. 1.03 SUBMITTALS A. CONTRACTOR shall submit materials identified in this Section, or as shown on the Drawings, or as identified by the CONTRACTOR as necessary for completing the Planting. For Planting, CONTRACTOR shall allow at least 10 working days for BIOLOGIST' s review of the submittal, not • including transit time for the submittal and response to comments. CONTRACTOR shall also allow for approval by the BIOLOGIST of material submittals prior to the date those items are delivered to the site. 1. Installation schedule: This schedule will include dates of identified submittals and the proposed beginning and completion dates of major elements of the installation. This schedule shall allow time allowances for review and inspection by the BIOLOGIST. Field review and inspection a PLANTING 02900 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 165 I 1 I I times shall be coordinated a minimum of 3 working days in advance of the inspection, unless otherwise stated in this document. :2. Materials data: Submit copy of complete materials list of soils, amendments, fertilizers and non- proprietary items to be provided under this Section, including source, size, and quantity. 3. Product data: Submit a letter or appropriate seed labels from the seed supplier. 4. Minimum of 60 working days prior to Section 02900 —Planting, CONTRACTOR shall submit composite samples to a laboratory that specializes in evaluating the suitability of soil to support plant growth such as: Soil and Plant Laboratory, Inc., 352. Mathew Street, Santa Clam, CA 95050, Phone: (408) 727-0330, Fax: (408) 72T 5125, or approved equal. a. Form numbers specified refer to tests of Soil and Plant Laboratory. Equal tests of approved laboratory may be substituted. b. Test reports, analysis and recommendations shall meet approval of BIOLOGIST. Resubmit until accepted. 5. Product data: Submit certifications by the County Agricultural Commissioner for constituents within the organic compost and within the wood fiber, showing that they meet the specifications described in this Section and that they do not contain materials that originate from a Sudden Oak Death host plant species derived from a quarantined county or contain noxious weeds. 6. Test reports: Submit results of the following tests, recommendations and analysis. Test reports shall be test number specified, as provided by Soil and Plant Laboratory, or accepted equal. B. Provide Project Specifications for soil, soil amendments and fertilizer to Testing Laboratory along with samples of site soil. Include manufacturer's analysis of proposed amendment, dated within 6 months before delivery, or sample of amendment for Testing Laboratory's analysis if manufacturer's analysis is not available. C. Testing Laboratory shall certify that proposed soil complies with Specifications. D. Testing Laboratory shall propose an amendment program, if required, and shall certify that amendments proposed are suitable for use with site soil. E. Existing site soil: Provide Test A05 -N2, for agricultural suitability, fertility, and particle size analysis, including recommendations for soil amendments,and fertilization during Maintenance Period. 1.04 LAYOUT A. CONTRACTOR shall familiarize themselves with the Drawings, these specifications, ongoing and future work by other disciplines prior to bidding this Work. B. CONTRACTOR shall inspect project site and become familiar with actual grades, ESAs, limits of work, and other site conditions under which work is to be performed. C. LIMITS OF WORK: Revegetation. shall be conducted within the tidal salt marsh Container Planting Area and the Hydroseed Area as shown in the Drawings. D. No work is to be conducted outside of the work area boundaries or staging areas shown on the Drawings and delineated by the ESA fencing. CONTRACTOR shall not disturb wetlands and waters adjacent to work area. PLANTING 02900 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 166 1.05 QUALITY ASSURANCE A. The CONTRACTOR for all work under this Section shall have a Class A general contractor's license or a Class C-27 landscape contractor's license. CON 11RACTOR shall have a minimum of 5 years experience in the installation of hydroseed and native wetland plants. B. CONTRACTOR shall initiate a preoonstruction meeting with the BIOLOGIST. Topics for review and discussion shall include, at a minimum, these Specification, inspection requirements, safety, and presentation by CONTRACTOR of the techniques, procedures, and equipment to be used to conduct work under this Section. 1.06 DELIVERY, STORAGE AND HANDLING OF MATERIALS A. Delivery of seed to the project site shall ,be timed so that all seed delivered to the site is used within 60 days. B. CONTRACTOR shall notify the BIOLOGIST 3 working days prior to delivery of seed to the site. C. CONTRACTOR shall store seed in the original containers in a cool, dry, and shaded place once delivered to the project site and until used. D. CONTRACTOR shall notify and coordinate delivery of the plants to the site with the BIOLOGIST at least 2 weeks prior to commencement of planting. E. CONTRACTOR shall maintain plant material in healthy growing condition at all times, and shall protect plants from sun and drying winds. Plants that cannot be planted immediately upon delivery shall be kept in the shade (or under shade cloth), watered and protected. BIOLOGIST reserves the right to reject plants that decline in quality after delivery to site, and CONTRACTOR shall be responsible for replacing those plants. CONTRACTOR is responsible for removal and disposal of all plant materials not deemed suitable for installation. 1.07 INSPECTIONS A. CONTRACTOR shall notify at a minimum, 3 working days in advance, the BIOLOGIST to schedule . inspections, field approvals, and monitoring during installation activities at the following stages in the installation and monitoring process: 1. The CONTRACTOR shall schedule onsite inspections with the .BIOLOGIST to observe the following planting activities: (1) levee slope hydroseeding, and (2) wetland container planting. During these two inspections BIOLOGIST will inspect and approve plant materials and• plant location flagging installed by CONTRACTOR prior to commencement of seeding and planting. The CONTRACTOR, at no additional cost, shall correct any deficiencies as identified or directed by the BIOLOGIST. ' ' 2. At completion of Planting CONTRACTOR shall schedule a final inspection. Following a final inspection, the BIOLOGIST shall certify, in writing, satisfactory completion of the hydroseeding and planting work. 2.0 PRODUCTS A. Materials not conforming to the following specifications and requirements shall remain the property of the CONTRACTOR and shall be removed from the job site at the CON fRACTOR's expense. The CONTRACTOR shall be responsible for obtaining replacement material that conforms to these specifications. PLANTING 02900 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 167 I 1 I I 1 1 I 1 1 1 1 1 1 2.0:1 SOIL A. General: Soil in all planting areas shall be free of rocks over one inch in diameter, sub -soil, refuse, plants or roots, clods, weeds, viable weed seeds, sticks, solvents, petroleum products, concrete, base rock, or other harmful substances. 2.02 SOIL AMENDMENTS A. Compost. Compost shall be derived from green material consisting of chipped, shredded, or ground vegetation, clean processed recycled wood products, or a Class A, exceptional quality biosolids composts, as required by the United States Environmental Protection Agency (EPA), 40 CFR, Part 503c regulations. Compost may also be a combination of green material and biosolids compost. The compost shall be processed or completed to reduce weed seeds, pathogens, and deleterious material, and shall not contain paint, petroleum products, herbicides, fungicides, or other chemical residues that would be harmful to plant or animal life. Other deleterious material, such. as plastic, glass, metal, or rocks shall not exceed 0.1 percent by weight or volume. Certification that the compost meets this specification shall be provided to the BIOLOGIST by the CONTRACTOR prior to application. 1. Composition of the compost shall consist of recycled materials, such as yard trimmings, clean wood, organic farm plant waste, unpainted gypsum wall board, or any combination thereof. The percentage of organic matter shall be greater than 30%. 2. The particle size of the compost shall be no greater than 1/4 —inch in size. A minimum of 80% of the compost shall be able to pass through a 1/8 -inch sieve. 3. The carbon to nitrogen ratio shall be favorably low, within a range of 16:1 to 23:1. 4. pH shall be within a range of 6.5 and 8.0. 5. The moisture content of the compost shall not exceed 35 percent. B. Fertilizer and/or other amendments shall be included if deemed necessary by the BIOLOGIST following the on -site soil testing and analysis. 2.03 CONTAINER PLANTING MATERIAL A. CLIENT shall supply tidal salt marsh wetland Container Plants listed on the Drawings. B. CONTRACTOR shall coordinate delivery of the plants to the site with the CLIENT'S native plant nursery. 2.04 HYDROSEED A. SEED 1. Quality Assurance. a. Commercially obtained seed shall be labeled under the California Food and Agricultural Code, and by the vendors supplying the seed. Seed shall have been tested for purity and germination not more than 15 months prior to the application of the seed. Seed labels or a letter furnished by the seed supplier shall indicate the purity and germination as determined by testing and shall be provided to the BIOLOGIST for approval prior to applying the seed. b. CONTRACTOR is responsible for coordinating with seed suppliers in advance to ensure all required seed has been collected and is available at time of installation. Seed shall originate PLANTING 02900 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 168 from collection sites within the San Francisco Bay area. Seed is available from Pacific Coast Seed [(925) 373-4417, contact: David Gilpin]. CON 11tACTOR shall be required to procure seed of the species and proportions presented in the tables below. CONTRACTOR is responsible for procuring seed for revegetation of Hydroseed Areas shown on the drawings and any additional areas of soil disturbed during construction 2. Hydroseed Seed Mix shall consist of the following: Bromus carinatus, 40 lbs pure live seed/acre, 80% minimum germination, 95% minimum purity Hordeum brachyantherum var. Salt 40 lbs pure live seed/acre, 80% minimum germination, • 85% minimum purity Festuca rubra 20 lbs pure live seed/acre, 75% minimum germination, 90% minimum purity 3. The seed mix may be adjusted depending on the commercial availability and seed collection locations for each species. Anyadjustments must meet the approval of the BIOLOGIST prior to application. 4. Seed for these species must originate from San Francisco Bay Area ecotypes. 2.05 SLURRY MIX The hydroseed slurry mix shall consist of the following materials: A. Wood Fiber. CONTRACTOR shall be required to procure wood fiber as described below. Wood fiber shall be derived from wood chips or similar wood material that is untreated, chemical free, and also free of paints or other finishes, or any other harmful substances that will inhibit plant growth. Wood fiber shall not originate from a Sudden Oak Death host species derived from a quarantined county. Fiber shall disperse into a uniform slurry when mixed with water. Fiber shall be colored to contrast with the area on which the fiber is applied and shall not stain rock surfaces. Certification that the wood fiber meets this specification shall be provided to the BIOLOGIST by the CONTRACTOR prior to application. B. CONTRACTOR shall be required to procure compost as described above. C. Non -asphaltic tackifier. Tackifier shall be non-toxic to plants and wildlife and non -staining to rock surfaces. Tackifier shall be in powder form, may be re -emulsifiable, and shall be a processed organic adhesive derivative of Plantago insularis used as a soil binder, manufactured to be suitable for hydroseed applications. Proof that the tackifier meets this specification shall be provided to the BIOLOGIST by the CONTRACTOR prior to application. 2.06 EROSION CONTROL FABRIC A. CONTRACTOR shall be required to procure erosion control fabric as described below. B. Erosion control fabric shall be a layer of 100% coconut fiber stitched with biodegradable thread between biodegradable natural fiber top and bottom nets, such as C125BN available from North American Green (1-800-772-2040). C. Certification that the erosion control fabric meets this specification shall be provided to the BIOLOGIST by the CONTRACTOR prior to application. PLANTING 02900 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 169 1 1 I 1 1 1 1 t 1 1 1 1 1 1 1 1 1 2.07 EROSION CONTROL FABRIC STAPLES A. CONTRACTOR shall be required to procure erosion control fabric staples as described below. B. Erosion control fabric staples shall be made of 12 -inch long, 11-guage (minimum) steel wire staples. 2.08 SUBSTITUTIONS A. In the event that specified Hydroseed or Container Plant materials are limited by their availability or lacking in health or vigor the BIOLOGIST reserves the right to substitute different plant materials for those specified, as long as the substituted materials are the same size as the specified materials, at no additional cost to Owner. B. Any substitutions desired by the CONTRACTOR must meet the approval of the BIOLOGIST prior to delivery and start of work with such materials. 3.0 EXECUTION 3.01 SOIL TESTING A. BIOLOGIST will approve all soil amendments, compost, and fertilizer. B. CONTRACTOR shall sample and test soil on -site from the constructed levee grade for suitability as a revegetation substrate prior to planting and hydroseeding. C. In order to assess fertility; the CONTRACTOR shall composite at least 5 soil sub -samples into one sample. Sub -samples shall be collected from a variety of areas, equally on the inboard and outboard levee slope. Sub -samples shall be taken to represent soils in top 1 -foot depth of soil. A total of 2 samples shall be composited, and labeled as taken from outboard or inboard slope (1 each). D. CONTRACTOR shall request that each soil sample be analyzed with the A05 -N2 test for agricultural suitability, fertility, and particle size analysis. The lab report shall include soil amendment recommendation, if necessary, to improve horticultural suitability. E. Submit lab report to BIOLOGIST. BIOLOGIST will provide CONTRACTOR with soil amendment specifications, if required. 3.02 SOIL PREPARATION A. BIOLOGIST will evaluate soil in the field for compaction suitability once levee is constructed. B. Soil that is deemed too compact for plant growth (substantially greater than 90% compaction) shall be disked or ripped to a depth of 12 inches where directed by BIOLOGIST. C. Upon receipt of the soil laboratory test, BIOLOGIST will develop soil amendment specifications. D. CONTRACTOR shall amend soil to BIOLOGIST's specifications prior to planting. E. After disking/ripping, levee side slopes shall be lightly track walked with equipment with tracks oriented parallel to finish grade contours. Compaction shall not exceed 90% after track -walking F. Soil shall be free of rocks or unbroken masses of soil larger than 4 inches in diameter. PLANTING 02900 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 170 3.03 HYDROSEEDING A. Timing. Hydroseed shall be applied within one week of the completion of levee grading (April — June). Hydroseed shall be applied to a hand -raked bare soil prior to installation of erosion control fabric. A delay in the application of hydroseed must be approved by the BIOLOGIST. Hydroseeding timing should be coordinated to occur after grading and other disruptive construction activities are completed. The CONTRACTOR shall notify the BIOLOGIST at least 3 workdays prior to hydroseed slurry preparation and application so that the BIOLOGIST can be present for the hydroseed installation. B. Access to Site. The CONTRACTOR shall perform work from and keep all equipment within the designated areas approved for construction access. C. Layout. 1. The Hydroseed seed mix shall be applied to all areas where the soil surface is disturbed by construction. The approximate Hydroseed Areas are shown on Drawings. D. Site Preparation. Hydroseed areas shall be clear of substantial debris and any other impediments to seed -soil contact. All soil work to be completed per Earthwork before start of Hydroseeding. Scarify areas to be seeded to eliminate glazed surfaces. E. Hydroseed Preparation and Application Procedure. CONTRACTOR shall use a commercial hydroseeder having a built-in agitation system with the capacity to continuously agitate, suspend, and homogeneously mix slurry. 1. CONTRACTOR shall prepare hydroseed slurry mix immediately prior to application at the project site, thoroughly mixing together the following: a. Seed: The seed mix species and rates will be applied at the pound per acre rate described in the Drawings and these Specifications. b. Wood fiber (500 lbs/acre) c. Compost (1500 lbs/acre) d. Water: Add sufficient water to ensure that the seed is broadcast at the specified pure live seed rates. e. Non -asphaltic Tackifrer (120 lbs/acre) 2. CONTRACTOR shall plan the layout of slurry hose to avoid ESAs and reduce potential damage to existing vegetation on and offsite. Care shall be taken to preserve the newly hydroseeded areas. Areas furthest from the pump vehicle shall be hydroseeded first and areas nearest to the vehicle last. The slurry hose shall be retracted accordingly to minimize trampling and disturbance of newly hydroseeded areas. Spray slurry with sweeping motion to produce a uniform mat at the required seeding rate. 3. Areas disturbed by subsequent hydroseeding or other activities under this Work shall be decompacted and re-hydroseeded at the CONTRACTOR's expense. Soils in these areas shall be decompacted to less than 90% relative compaction and the hydroseed mix shall be re -applied, as described in these Specifications. At the BIOLOGIST's discretion, small areas of disturbance may be re -seeded by hand broadcasting and followed by manually raking. PLANTING 02900 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 171 1 1 1 1 1 t 3.04 EROSION CONTROL FABRIC INSTALLATION A. Timing. The CONTRACTOR shall install erosion control fabric immediately after hydroseeding. B. Layout. 1. Erosion control fabric shall be installed to all areas where the soil surface is disturbed and the hydroseed mix has been applied. The approximate erosion control fabric locations are represented by the footprint of the Hydroseeding Area as shown on the Drawings. 2. Install erosion control fabric perpendicular to the slope as follows. a. Fit the soils surface contour and hold in place with steel wire staples driven vertically into the soil at 18- to 24 -inch spacing. b. Erosion control fabric shall overlap along all edges at least 6 inches. Ends of side strips shall be buried into the soil at least 6 inches. c. Drive staples along edges to securely anchor mesh to ground. 3.05 ACCEPTANCE OF HYDROSEEDING AND EROSION CONTROL FABRIC INSTALLATION IN HYDROSEED AREAS A. CONTRACTOR shall schedule a hydroseed and erosion control fabric installation acceptance inspection with the BIOLOGIST to occur within 7 days of the completion of hydroseeding and fabric installation. • B. Before requesting inspection for acceptance of hydroseeding, CONTRACTOR shall submit the following to the BIOLOGIST: 1. Supplier invoices and delivery slips for all materials installed. 2. Documentation of conditions that may impede seed germination and growth. 3.06 TIDAL SALT MARSH CONTAINER PLANT INSTALLATION A. Timing. The CONTRACTOR shall install tidal salt marsh Container Plants after the onset of winter rains when the soils are moist to field capacity as directed by the BIOLOGIST (approximately October 15 — December 31). B. Layout. 1. The tidal marsh Container Plants shall be installed along the lower elevation of the outboard levee slope as indicated in the Drawings. 2. CONTRACTOR shall flag the planting locations of Container Plants, as is shown schematically in the Drawings, for approval by the BIOLOGIST prior to installation. C. Planting shall be completed as follows: 1. CONTRACTOR shall limit trampling of hydroseed in the planting area. For example, rather than criss-crossing the planting areas in multiple locations, foot traffic shall be restricted to a single - PLANTING 02900 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 172 track pathway around the perimeter of each planting area. Workers shall leave the main path only to perform work at specific locales within the planting area. 2. Erosion control fabric shall be cut and stapled at planting locations. 3. Planting holes shall be minimum 4" wide and 12" deep. CONTRACTOR shall remove all rocks greater than 3 inches in diameter from the excavated soils. The sides of the hole shall be scarified. Where rock or other hard material prohibits holes from being excavated to the dimensions specified, new holes shall be excavated and the abandoned holes shall be backfilled with the excavated material. Water shall not be used for the excavation of planting holes. 4. Immediately prior to planting, container plants shall be thoroughly moistened within their containers. 5. CONTRACTOR shall. remove plants from containers in such a manner that the_ root ball is not broken and install plants immediately after removal from the container. The CONTRACTOR shall minimize the exposure of the root mass to the air prior to placing the root ball in the ground. 6. CONTRACTOR shall install plants in such a manner that the roots are not restricted or distorted. Plants shall be installed so that their root crowns are at grade following soil settlement that occurs after initial irrigation. 7. CON TRACTOR shall backfill the planting hole with native soils and lightly compact to remove air spaces between roots and soil. 8. CONTRACTOR shall irrigate all tidal salt marsh Plantings within 1 hour of installation with sufficient water to saturate the soil to a depth of 12 inches. The method of irrigation shall provide a gentle wetting to minimize surface runoff and prevent damage to the plants and washing away of hydroseed mix or eroding of the soil. 9. CONTRACTOR shall re -seed areas disturbed by planting activities. CONTRACTOR shall re- seed by hand broadcasting and followed by manually raking. 3.07 ACCEPTANCE OF PLANT INSTALLATION OF TIDAL SALT MARSH AND ADJACENT HYDROSEED AREAS A. CONTRACTOR shall schedule a plant installation acceptance inspection with the BIOLOGIST to occur within 7 days of the completion of plant installation. B. Before requesting inspection for acceptance of plant installation, CONTRACTOR shall submit the following to the BIOLOGIST: 1. Supplier invoices and delivery slips for all materials installed. 2. Documentation of conditions that may impede plant establishment and growth. **END OF SECTION** PLANTING 02900 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 173 1 1. 1 1 SECTION 03100 CONCRETE FORMWORK PART 1- GENERAL 1.01 DOCUMENTS The General Conditions and all other Contract Documents for this project are complementary and applicable to this Section of the Specifications. 1.02 SCOPE OF WORK A. Provide all labor; materials, equipment, facilities, transportation and services necessary for the installation, shoring and removal of all concrete form work. B. Related Work Specified Elsewhere 1. Dewatering: Section 02140. 2. Earthwork: Section 02200. 3. Reinforcing Steel: Section 03200. 4. Cast -in -Place Concrete: Section 03300. 1.0:3 QUALITY ASSURANCE The Contractor shall comply with the following standards: A. Uniform Building Code, latest edition. B. ACI 347, "Recommended Practice for Concrete Form Work." PART 2-. PRODUCTS 2.01 FORMS Forms'may be of any lx lumber of sufficient strength to hold concrete in place, free of loose knots, splits or other defects that would leak mortar; or Douglas fir plywood, 5 ply, 3/4", B -B plyform, Class I, exterior type, edge sealed. 2.02 FORM SEALER Form sealer for wood forms shall be Chemstop Mfg. Co. "Chemstop", Burke's Form Sealer, Grace Co. "Formfilm" or equal. 2.03 FORM RELEASE AGENT Release agents shall contain no petroleum solvents and shall be non -staining. CONCRETE FORMWORK 03100 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 174 2.04 FORM TIES Burke B/A Penta-Tie or equal. PART 3 - EXECUTION 3.01 CONSTRUCTION A. Form work shall be constructed in conformance with the Uniform Building Code and ACI recommendations. B. All concrete work shall be formed to the shapes, sizes, lines and dimensions shown on the plans. C. The design, construction, and maintenance of form work shall insure compliance with the tolerance limits specified in ACI 347. D. Design and engineering for the form work shall be the responsibility of the Contractor. E. The Contractor shall schedule the work and notify other trades in ample lime so that provisions for their work in the form work can be made without delaying progress of the project. The Contractor shall ascertain that all sleeves, pipes, etc., or other work, are installed; and secure information and provide for all openings, offsets, recesses, nailing blocks, channel chases, anchors, ties, inserts, etc., in the form work before concrete is poured. F. All exposed edges shall be chamfered as shown on the Plans. G. Arrangements of form work shall be uniform and workmanlike. Horizontal joints shall be level and continuous and vertical joints shall be plumb. Forms shall be substantial and sufficiently tight to prevent leakage of mortar. They shall be properly tied, braced, shored, and supported to insure stability against pressures from any source, without failure of any component part and without excessive deflection. H. Forms shall be properly spaced apart with metal spreaders and securely tied together. Metal spreader ties shall be of a type that will give positive tying and accurate spreading, and shall have plastic cones at each end. The layout shall be uniform, aligned, and symmetrical. No wire ties will be allowed in forms for concrete surfaces which will be left exposed. No wood spreaders or wood of any kind will be permitted to remain inside the forms. I. Proper provisions shall be made for all openings, offsets, inserts, anchorages, blocking, and other features of the work as shown or required. Cuts, holes, or openings, not shown on the Plans shall not be allowed in concrete work without written acceptance from the Owner. J. Temporary openings shall be left at the base of all wall forms to facilitate inspection and cleaning immediately before depositing concrete. K. Release agent shall be applied to vertical form surfaces prior to placement of reinforcement. CONCRETE FORMWORK 03100 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 175 L. A surface pouring strip shall be provided at construction joints to provide a straight line. Prior to subsequent pour, the strip shall be removed and forms re -tightened. 3.02 FORM REMOVAL A. Forms shall be removed without damage to the concrete and in such a manner that will insure complete safety of the structure without damaging exposed wall edges, chamfers, and inserts. In no case shall they be removed until the concrete has hardened sufficiently to permit their removal with safety, and the members have attained sufficient strength to safely support the imposed loads. B. Concrete shall not be subjected to superimposed loads until it has attained its full design strength and not for at least 14 days after placing. Concrete systems shall not be subjected to construction loads in excess of design loads. C. Vertical forms shall remain on columns, walls, pilasters, etc., for at least seven (7) days, and form work over 12 feet in height shall not be removed until the Engineer responsible for design of the form work has approved removal. I I). Shoring and false work under beams, girders, slabs, etc. shall remain in place for at least 14 days and until the Engineer responsible for the design of shoring and false work has approved removal. E. Forms shall be left in place as long as possible to permit shrinkage away from concrete and plywood forms shall be left in place until all other forms around are stripped and until there is no danger of damaging the architectural concrete due to other work in the vicinity. F. Additionally, if time is of the essence, then the following criterion can be followed for form removal earlier than the durations indicated above: No false work under beams, girders, slabs, etc. shall be released until the supported concrete has attained a compressive strength of 3,200 psi. 3.03 FORM MAINTENANCE A. Form work shall be cleaned and reconditioned before each use. Any damage to Form work during placing, removal or storage shall be completely repaired. Form work with repairs or patches which would result in adverse affects to the concrete finish shall not be used. 13. Storage of forms shall be as required to prevent damage or distortion. 3.04 MEASUREMENT AND PAYMENT Full compensation for all labor, materials, and equipment required for concrete form work shall be included in the unit price bid per cubic yard for REINFORCED CONCRETE, Bid Item No. 11 in conformance with Sections 00410 and 01025 of these Special Provisions. **END OF SECTION** CONCRETE FORMWORK 03100 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 176 SECTION,03200 • REINFORCING STEEL PART 1- GENERAL 1.01 DOCUMENTS The General Conditions and all other Contract Documents for this project are complementary and applicable to this Section of the Specifications. 1.02 SCOPE OF WORK A. Work Included: Concrete reinforcement, complete, as shown and as specified. B. Related Work Specified Elsewhere 1. Concrete Form Work: Section 03100. 2. Cast -in -Place Concrete: Section 03300. 3. Precast Concrete: Section 03400. 1.03 REFERENCE STANDARDS A. ASTM A185 B. ASTM A615 C. ASTM A706 D. ASTM A775 E. ASTM A884 F. ASTM A934 G. ASTM D3963 Steel Welded Wire, Fabric, Plain for Concrete Reinforcement Deformed and Plain Billet -Steel Bars for Concrete Reinforcement Low -Alloy Steel Deformed and Plain Bars for Concrete Reinforcement Epoxy -Coated Reinforcing Steel Bars Epoxy -Coated Steel Wire and Welded Wire Fabric for Reinforcement Epoxy -Coated Prefabricated Steel Reinforcing Bars Fabrication and Jobsite Handling of Epoxy -Coated Reinforcing Steel Bars 1.04 QUALITY ASSURANCE A. Uniform Building Code, latest edition. B. ACI 301 "Specification for Structural Concrete for Buildings." C. ACI 315 "Manual of Standard Practice for Detailing Reinforced Concrete." D. ACI 318 "Building Code Requirements for Structural Concrete." E. AWS D1.4 "Structural Welding Code - Reinforcing Steel." REINFORCING STEEL 03200 1 I 1 1 .1 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 177 1.05 SUBMITTALS A. The Contractor shall submit and have review comments returned to him on shop plans showing complete fabrication and placing details of all reinforcing steel before beginning fabrication or delivery of material to the building site. B. A Certificate of Compliance conforming to the provisions in Section 6-1.07, "Certificates of Compliance," of the State Standard Specifications shall be furnished for each shipment of epoxy - coated bar or wire reinforcement. The certificate shall certify that the coated bars or wire conform to the requirements of ASTM A934 for bars or A884 for wire, and Section 52-1.02B, "Epoxy -coated Reinforcement," of the State Standard Specifications. This Certificate of Compliance shall include all the certifications specified in ASTM A934 for bars or ASTM A884 for wire, and a statement that the coating material has been pre -qualified by acceptance testing performed by the Valley Forge Laboratories, Inc. (Devon, PA). PART 2- PRODUCTS 2.01 MATERIALS A. Reinforcing Steel: Bars #4 and larger for reinforcing of columns, walls, beams and girders shall be Grade 60 deformed bars conforming to ASTM A706. All other bars may be Grade 60 deformed bars conforming to ASTM A706 or ASTM A615. B. Welded Wire Fabric: ASTM A185. Tags shall not be removed until ready for use. C. Tie Wire: #16 AWG or heavier, black annealed. D. Supports, for Reinforcing Bars: Supports for reinforcing bars on ground and/or waterproofing membrane and vapor barrier shall be concrete blocks of sufficient strength, size and spacing to support the bars in proper locations. Bars and welded wire fabric layers shall be supported on precast concrete blocks wire tied to reinforcement and accurately placed. Spacing of blocks and accessories shall conform to CRSI's "Recommended Practice for Placing Bar Supports." No wood will be permitted inside forms. Precast concrete blocks shall be used to support footing and slab reinforcing on ground and slab and beam reinforcement on horizontal Form work. Ties for reinforcing in walls and curbs shall be lengths of reinforcing bars as required to properly hold and position the reinforcing. Bar supports from forms to bars shall be precast blocks as above. E. Tie wire and bar chairs or other metallic devices used to secure or support epoxy coated reinforcement shall be plastic -coated or epoxy -coated to prevent corrosion of the devices or damage to the coated reinforcement. 2.02 EPDXY COATING A. All concrete bar reinforcement shall be epoxy coated in conformance with State Standard Specification 52-1.02B, "Epoxy -coated Bar Reinforcement" and ASTM A934 except as provided herein. B. Wire reinforcement shall be epoxy coated in conformance with ASTM A884 to the requirements for Class A, Type 2 coating. REINFORCING STEEL 03200 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 178 C. All epoxy coatings shall be purple or gray in color. D. Prior to coating, the Contractor shall furnish a representative /-pound sample from each batch of epoxy coating material to be used, identified with the manufacturer's name and batch number. 2.03 FABRICATION A. Hooks and bends shall conform to the requirements of ACI 315, unless otherwise indicated. B. All steel bars shall be of size and length indicated, accurately bent or formed to the shapes detailed or ,scheduled by experienced shops by methods that will not injure the materials. All reinforcing bars shall be shop fabricated to lengths and bends shown on the Plans. Fabrication tolerance shall be in conformance with the requirements of ACI 301. C. Steel reinforcement shall not be bent or straightened in a manner that will injure the material or the embedding concrete. Bars with kinks or bends not shown on the plans shall not be used. Heating of reinforcement for bending will not be permitted. D. Reinforcement shall be tagged with suitable identification to facilitate sorting and placing. E. Except for field welding of butt splices, all welding of reinforcement shall be complete prior to epoxy coating the reinforcement. G. Prior to epoxy coating, all resistance butt welds shall have the weld flash removed to produce a smooth profile free of any sharp edges that would prevent proper coating of the bar. The flash shall be removed such that the ultimate tensile strength and elongation properties of the bar are not reduced and the outside radius of the flash, at any point along the circumference of the bar is not 1) less than the nominal radius of the bar; nor 2) greater than 3/16 -inch beyond the nominal radius of the bar. A proposed weld flash removal process shall be submitted to and approved by the Engineer prior to performing any removal work. H. Bending of epoxy coated reinforcement after the coating has been applied is not allowed. 2.04 TESTING A. Two 30 inch long samples of coated bar or wire reinforcement from each size and from each load shipped to the jobsite shall be furnished to the Owner for testing. These samples shall be representative of the material furnished. Samples, including random samples taken from the jobsite may be tested for specification compliance. Additional sampling may be performed at any location deemed appropriate by the Engineer. Failure of any sample to meet the requirements of this specification will be cause for rejection. B. If any bar tested for coating thickness or for adhesion of coating fails to meet the requirements for coated bars in Section 9 of ASTM Designation A934, two retests on random samples taken from bars represented by the failed test will be conducted for each failed test. If the results of both retests meet the 'specified requirements, the coated bars represented by the samples may be certified as meeting the test requirements. REINFORCING STEEL 03200 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 179 1 1 1 i 1 1 1 1 C. If any wire reinforcment tested for coating thickness or for flexibility . fails to meet the requirements for coated bars in Section 8 of ASTM Designation A884, two retests on random samples taken from wire represented by the failed test will be conducted for each failed test. If the results of both retests meet the specified requirements, the coated wire represented by the samples may be certified as meeting the test requirements. PART 3 - EXECUTION 3.01. INSPECTION Contractor shall secure reinforcing steel in place and obtain the City's review before doubling up or closing in forms. 3.02 PROTECTION AND REPAIR A. Epoxy -coated reinforcement shall be covered with opaque polyethylene sheeting or other suitable protective material to protect the reinforcement from exposure to sunlight, salt spray, and weather. For stacked bundles, the protective covering shall be draped around the perimeter of the stack. The covering shall be adequately secured; however, it should allow for air circulation around the reinforcement to prevent condensation under the covering. B. Epoxy -coated reinforcement shall not be stored within 1,000 feet of tidal water for more than two months. C. All visible damage to coatings caused by shipping, handling; or installation shall be repaired as required for repairing coating damaged prior to shipment as described in ASTM A934 for bar reinforcement or ASTM A884 for wire reinforcement. When the extent of coating damage prior to repair exceeds two percent of the bar or wire surface area in any one foot length, repair of the bar or wire is not allowed and the coated bar or wire will be rejected. D. Coating patching material and processes shall be suitable for field application. The patching material shall be pre -qualified as required for the coating material and shall be either identified on the container as a material compatible with the reinforcement coating, or shall be accompanied by a Certificate of Compliance certifying that the material is compatible with the reinforcement coating. Damaged areas shall be patched in conformance with the patching material manufacturer's recommendations. 3.03 PLACING REINFORCEMENT A. Reinforcing bars shall be of the size shown on the plans and details, accurately placed as to spacing and clearance, and securely tied at intersections and supports with wire, and in such a manner as will preclude displacement during pouring of concrete. Placing tolerances shall be in conformance with the requirements of ACI 301. B. Reinforcement shall be placed and secured to maintain the proper distance and clearance between parallel bars and from the forms. Vertical steel with metal spreaders shall be provided to maintain steel properly centered in the forms. Horizontal reinforcement shall be supported at the proper height on cement blocks wire tied to reinforcing steel. REINFORCING STEEL 03200 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 180 Before placement, bars are to be cleaned free from scale, dirt, grease, or other foreign substances which are in the Engineer's opinion, detrimental to the bond. After placement, bars shall be maintained in a clean condition until completely embedded in concrete. D. Bars shall not be spaced closer than one and one-half (1-1/2) diameters of the largest of two adjacent bars, 1-1/2 times the maximum aggregate size, nor 1 inch, except at bar laps. Where reinforcing in members is placed in two layers, the clear distance between the layers shall not be less than one inch or more than 1-1/2 inches unless otherwise noted on the Plans; bars in the upper layers shall be placed directly above those in the bottom layer unless otherwise detailed: E. Coverage of bars shall be as shown and scheduled on the Structural Plans. In no case shall coverage be less than ACI minimums. F. Where construction (pipe sleeves, ducts, etc.) prevent the intended placement of reinforcing, contractor shall provide additional reinforcing around the obstruction as directed by the Engineer. G. Splices of reinforcement shall not be made at points of maximum stress. Splices shall provide sufficient lap to transfer the stress between bars by bond and shear. Bars shall be spread the minimum distance specified. Splices of adjacent bars shall be staggered where possible. All proposed splices not shown on the Plans shall be in accordance with the requirements of ACI 318 and shall be reviewed by the Engineer. H. Unless otherwise indicated, laps and dowel length shall be in accordance with the typical structural details. I. Reinforcing bars shall not have welded joints unless indicated on the Plans or unless required by the Engineer. All welding, if required, shall conform to the requirements of the American Welding Society, and before any field welding is commenced, it shall have the prior review of the Engineer. Welds shall be made only by welders who have been properly qualified in accordance with AWS D1.4. Equipment shall be such as to supply proper current and voltage, and shall be. adjustable to suit arrangement and thickness of base metal. Electrodes shall be low hydrogen of size and type as recommended by manufacturer for base metal material and thickness. AWS D1.4 shall apply to workmanship and quality of welds, and all welding shall be continuously inspected by the testing agency. 3.04 MEASUREMENT AND PAYMENT Full compensation for all labor, materials, equipment required for epoxy -coated reinforcing steel shall be included in the unit price bid per cubic yard for REINFORCED CONCRETE, Bid Item No. 11; and in the unit price bid per square foot for CONCRETE MASONRY WALLS, Bid Item No. 15; in conformance with Sections 00410 and 01025 of these Special Provisions. **END OF SECTION** REINFORCING STEEL 03200 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 181 I I 1 I I i 1 1 SECTION 03300 CAST -IN -PLACE CONCRETE PART 1- GENERAL 1.01 DOCUMENTS The General Conditions and all other Contract Documents for this project are complementary and applicable to this Section of the Specifications. 1.02 SCOPE OF WORK I1 1 1 1 A. Provide all labor, materials, equipment, facilities, transportation and services necessary for the installation of cast -in -place concrete. B. Work Included: The work includes, but is not necessarily limited to the following: 1. Construction of footings, foundations, slabs and pavement • 2. Installation only of inserts, sleeves, anchor bolts and other items embedded in concrete, but furnished under other sections. C. Related Work Specified Elsewhere 1. Earthwork: Section 02200. 2. Concrete Form work: Section 03100. 3. Reinforcing Steel: Section 03200. 1.03 QUALITY ASSURANCE A. Uniform Building Code, latest edition. 13. American Concrete Institute (ACI), Building Code Requirements for Reinforced Concrete. C. Caltrans Standard Specifications, current edition. 1.04 REFERENCE STANDARDS Standards listed below are a part of this section as specified and modified. In case of conflict between the requirements of this section and those of listed standards, the requirements of this section shall prevail. Where two or more standards are at variance, the most restrictive requirement shall apply. A. ASTM C39 13. ASTMC143 CAST -IN -PLACE CONCRETE Test Method for Compressive Strength of Cylindrical Concrete Specimens Test Method for Slump of Portland Cement Concrete 03300 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 182 C. ASTM C150 Portland Cement D. ASTM C171 Sheet Materials for Curing Concrete E. ASTM C260 Air -Entraining Admixtures for Concrete F. ASTM C494 Chemical Admixtures for Concrete G. ASTM D1751 Preformed Expansion Joint Fillers for Concrete Paving and Structural Construction (Nonextruding and Resilient Bituminous Types) 1.05 TESTS AND INSPECTIONS A. A sufficient number of concrete test cylinders will be taken by the Engineer to give a comprehensive knowledge of the concrete in each section of the work. All specimens will be taken from the concrete as it is placed in the forms, and in accordance with ASTM C39. The cost of sampling and testing will be borne by the Owner. B. Concrete work, being represented by specimens not attaining the minimum allowable comprehensive strength, shall be examined and tested at the expense of the Contractor to determine whether the work is to be accepted or rejected by decision of the Engineer. Rejected work shall be completely removed and reconstructed at the Contractor's expense to the approval of the Engineer. 1.06 SUBMITTALS Concrete mix designs shall be submitted to the Engineer for approval. Mix designs shall indicate the source of aggregate, aggregate gradation, volume of water and amount of additives, if any. Steel lists shall be submitted for review. PART 2- PRODUCTS 2.01 FORM WORK AND. REINFORCEMENT Form work and reinforcement shall conform to Section 03100 and Section 03200, respectively. 2.02 CONCRETE All materials shall comply with the appropriate provisions of the following sections of the State Standard Specifications for portland cement concrete within a highly corrosive environment. A. Portland Cement. Cementitious material to be used in portland cement concrete shall conform to the provisions for cement and mineral admixtures in Section 90-2, "Materials," of the State Standard Specifications and shall be a combination of Type II Modified portland cement and mineral admixture. B. Concrete shall contain not less than 674 pounds of cementitious material per cubic foot (400 kg/m3). CAST -IN -PLACE CONCRETE 03300 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 183 1 I I 1 I 1 1 I 1 1 1 1 1 t C. No reduction in the cementitious material content specified or ordered; in conformance with the provisions in Section 90-4.05, "Optional Use of Chemical Admixtures," of the State Standard Specifications is allowed. D. Aggregates. 3/4 -inch maximum; Section 90, "Portland Cement Concrete." E. Mineral Admixtures. Mineral admixture shall conform to ASTM C6I8 Class F or N. F. Compressive Strength. 4,000 psi at 28 days. Section 90, "Portland Cement Concrete." 2.03. CONCRETE MIXES A. The proportions of the concrete mixes shall be such as to produce concrete of the required strengths, slumps, and aggregate sizes, of low shrinkage, corrosion resistant,_ and of a consistency that will allow thorough compaction of the concrete into corners and around reinforcing without excessive puddling, spading, or vibration, and without permitting the materials to segregate or free water to collect on the surface. The maximum size and grading of aggregates shall be such that it will produce dense and uniform concrete' free from rock pockets, honeycomb, and other irregularities. B. The Contractor shall review and approve the proposed concrete mix designs for compatibility with his placing requirements to insure that the concrete as designed can be placed in accordance with the plans and specifications. C. The final ratio of water to cementious material shall be 0.40 maximum. D. The amount of cement shall be 75 percent by mass and the amount of mineral admixture to be combined, with cement shall be 25 percent by mass, of the total amount of cementitious material to be used in the concrete mix. The calcium oxide content of mineral admixtures shall not exceed 10 percent. E. Minor concrete for sidewalk, curb, and driveway repair shall conform to Section 90 of the State Standard Specifications. 2.04 EPDXY ANCHORING SYSTEMS Where indicated on the details, a non -mechanical anchoring system shall be used to embed bar reinforcing and steel bolts within cured concrete. Adhesive shall be Hilti HY150, Simpson ET or approved equal. Installation of all anchor and adhesive including drilling and cleaning of holes shall be in accordance with the current ICBO Report. Adhesives shall be used only in applications permitted by the ICBO Report. 2.05 WATERSTOPS A. General: Provide flat, dumbbell type or center -bulb type waterstops at construction joints and other joints as indicated. Size to suit joints. B. Rubber Waterstops: Rubber waterstops shall conform to the requirements of Corps of Engineers CRD-C 513. Subject to compliance with requirements, provide waterstops manufactured by: CAST -IN -PLACE CONCRETE 03300 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 184 1. The Burke Company 2. Progress Unlimited 3. Williams Products 4. Edoco Technical Products PART 3- EXECUTION 3.01 CONSTRUCTION JOINTS A. Location of construction joints shall be as shown on the plans, or may be made only if necessary and located so as to be acceptable to the Engineer. B. All horizontal and vertical construction joints shall be cleaned and roughened by removing the entire surface by sandblasting, exposing the clean aggregate solidly embedded in mortar matrix. Reinforcement shall extend continuously through construction joints. Shear keys shall be provided. C. Water stops shall be installed in accordance with Standard Specification Section 51-1.14 at all below grade construction joints. Water stops shall be the ribbed flat type (6 -inch width). D. Concrete for slabs -on -grade shall be placed in a checkerboard pattern with each panel not exceeding an area of 900 square feet unless otherwise shown on the Structural Plans. Pours in adjacent panels shall be staggered a minimum of 24 hours. 3.02 MIXING CONCRETE A. All concrete shall be ready -mixed concrete and shall be mixed and transported in accordance with "Specifications for Ready -Mixed Concrete", ASTM C94. B. All concrete shall be mixed with 'quantities and ingredients conforming to mix designs. Ingredients shall be proportioned by weight. C. Mixed concrete shall be homogeneous in distribution of material and uniform in consistency and color. Concrete shall be mixed for at least 10 minutes after all ingredients have been added; three minutes of this time must be immediately prior to discharging at the job site. The rate of delivery, haul time, mixing time, and hopper capacity shall be such that all mixed concrete delivered shall be placed in forms within 90 minutes from the time of introduction of cement and water into the mixer. No water shall be added after the transit mixer leaves the batching plant without the approval of the Engineer. 3.03 CONCRETE WORKMANSHIP A. Construction practices and workmanship shall conform to Code Requirements for Reinforced Concrete, ACI Standard 318 and these specifications. B. All aggregates shall be measured by weight or an equivalent accurate method, and the proportion of water to cement shall be accurately controlled. The slump of the concrete at the time of placing shall not be one-half inch greater than that specified. Cement and aggregate shall be stored in CAST -IN -PLACE CONCRETE 03300 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 185 1 I r 1 1 1 I 1 1 1 1 1 1 1 1 1 1 1 i 1 1 1 1 1 1 1 such a manner as to prevent their deterioration orthe intrusion of foreign matter. Any material which has deteriorated or which has been damaged shall not be used for concrete. Fine and coarse aggregate shall be stored and measured separately. C. All finished concrete surfaces shall be protected from damage caused by construction equipment, methods of handling materials, rain, or running water. Concrete shall be placed in such a manner as to prevent staining or splattering of completed work. Self-supporting structures shall be protected from mechanical disturbances and shall not be loaded in such a manner as to over stress the concrete. D. No concrete shall be placed under water except by Owner permission. E. During hot weather, steps shall be taken in conformance with ACI 305 to reduce concrete temperature and water evaporation by proper attention to the ingredients, production methods, handling, placing, protection; and curing. F. Pipes or conduits passing through structural concrete shall be sleeved as detailed on the Plans. 3.04 PLACING CONCRETE Notice shall be given to the Owner two working days before each concrete placement, in order that the Owner's Representative may review reinforcing, forms, etc:, prior to casting concrete. 3.05 PREPARATION A. Before depositing concrete, all equipment for mixing and transporting the concrete shall be cleaned; all wood chips, shavings, and other debris shall be completely removed from the interior of the forms, and forms shall be thoroughly wetted. Reinforcement shall be cleaned, if necessary, prior to placing concrete. B. Reinforcement and other work to be embedded in the concrete shall be securely in position before casting. Free standing water shall be removed and ground water diverted from forms and excavations. Anchor bolts shall be accurately set to line and grade, and shall be securely held in position so that they are not displaced while concrete is being poured. 3.06 TRANSPORTING A. Concrete shall be handled from the mixer to the place of final deposit as rapidly as practicable by methods which shall prevent the separation or loss of ingredients. Concrete shall be deposited as nearly as practicable in its final position to avoid rehandling or flowing. Concrete shall not be dropped freely where reinforcing bars will cause segregation, nor shall it be dropped more that six feet. Spouts, elephant trunks, or other acceptable means shall be used to prevent segregation. B. At the Contractor's option, concrete may be pumped from the transit mixer to place of deposit provided that mix design adjustments, equipment data, and procedures are submitted by the Contractor, and the entire operation is acceptable to the City in advance. Pumps shall be adequate for the mix, aggregate size, and slump; pump operators shall be experienced. CAST -IN -PLACE CONCRETE 03300 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 186 3.07 CONVEYING AND PLACING A. Concreting, once started, shall be carried on as a continuous operation until the section of acceptable size and shape is completed. Construction joints must be of acceptable detail and location. B. Concrete shall be so deposited as to maintain, until the completion of the unit, a plastic surface approximately horizontal. No concrete shall be deposited that has started to set or stiffen. The remixing of concrete or grout which has begun to set will not be permitted. C. When placing concrete, free falls in excess of eight (8) feet shall not be allowed. D. Concrete, when placed in walls, shall not be placed in layers exceeding two feet in depth. The schedule of pouring shall be such that no concrete shall take initial set before the, next layer is poured unless a regular construction joint is made. E. The Contractor shall take extreme care not to displace reinforcing inserts, anchor bolts, welding plates, or any other item called for, to be embedded in concrete. F. Conveyors, trucks, or buggies, must be thoroughly cleaned after each pour. Any concrete spilled on forms or reinforcing steel, in portions of structure not immediately concreted, shall be completely removed before concrete sets. G. Any interruption in placing of more that 60 minutes will be cause for shutting down the work and the wasting of any remaining mixed concrete in hoppers or mixers. In case such interruption occurs, the Contractor shall provide construction joints, where and as directed, and cut concrete back to such line, cleaning forms, and reinforcing as herein specified. H. A record shall be kept of the time and date of placing the concrete in each portion of the structure. Such reports shall be kept until the completion of the structure and shall be open to the inspection of the Owner. 3.08 COMPACTION A. Concrete shall be thoroughly compacted by puddling with suitable tools during placing, and thoroughly worked around the reinforcement, around embedded fixtures, and intothe corners of the forms. In addition to manual spading and tamping, all concrete shall be internally vibrated with high-speed mechanical vibrators operated under experienced supervision. A mechanical vibrator shall be employed at each point of dump and a standby vibrator in good working order shall be kept on the job until all concrete is placed. B. Vibration shall be only sufficient to minimize honeycombs and accomplish compaction of concrete. Over -vibration and resulting loss of entrained air or excess of fines at the surface will not be allowed. C. Along the faces of the forms, suitable tools shall be used during the placement to force large particles away from the forms and bring mortar to the surface of the forms in order to obviate voids and air pockets. The responsibility for providing fully filled out; smooth, clean, and properly aligned surfaces shall rest entirely with the Contractor. CAST -IN -PLACE CONCRETE 03300 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 187 1 1 1 I I 1 1 I 3.09 CONCRETE FINISHES 1 1 I I r 1 r I I A. Standard Rough Form Finish: A standard rough form finish shall be provided to all concrete formed surfaces that are to be concealed in the finish work or by other construction, unless otherwise shown or specified. Standard rough form finish shall be the concrete surface having the texture impaired by the form facing material used, with defective areas repaired and patched as specified, and all fins and other projections exceeding 1/4 inch in height removed. Standard Smooth Finish: A standard smooth finish. shall be provided to all concrete formed surfaces that are to be exposed to view, or that are to be covered with a coating material applied directly to the concrete or a covering material bonded to the concrete such as waterproofing, damp -proofing, painting, or other similar -systems. Standard smooth finish shall be the as -cast concrete surface as obtained with the form facing material; with defective areas repaired and patched as specified, and all fins and other projections on the surface completely removed and smoothed. 3.10 MONOLITHIC SLAB FINISHES A. Float Finish: A float finish shall be applied to monolithic slab surfaces that are to receive a trowel finish and other finishes. After the placement of the concrete slab, the surface shall not be worked further until ready for floating. Floating shall begin when surface water has disappeared or when the concrete has stiffened sufficiently to permit the operation of a power -driven float, or by hand -floating if the area is small or inaccessible to power units. The surface plane shall be leveled to a tolerance not exceeding 1/4 inch in 10 feet when tested with a 10 foot straightedge placed on the surface in not less than two different angles. The Contractor shall cut down high spots and fill low spots, uniformly sloping surfaces to drains. Immediately after leveling, the surface shall be refloated to a uniform texture. B. Trowel Finish: A light, smooth trowel finish shall be applied to monolithic slab surfaces that are exposed or are receiving liquid hardener treatment. After floating, the first trowel finish operation shall begin using a power -driven trowel. The concrete surface shall be consolidated by the final hand troweling operation, free of trowel marks, uniform in texture and appearance and with a surface plane tolerance not exceeding 1/8 inch in 10 feet when tested with a 10 foot straightedge. Walking surfaces shall receive a light broom finish on completion of troweling. 3.11 REPAIR OF SURFACES A. Where possible exterior exposed -to -view formed concrete surfaces that contain defects which adversely affect the appearance of the finish should be repaired. Repaired surfaces must match adjacent concrete in form, texture, and color. Concrete having defective surfaces that cannot be repaired to the satisfaction of the City shall be removed and replaced. Surface defects, as such, include color and texture irregularities, cracks, spalls, air bubbles, honeycomb, rock pockets, holes left by tie rods and bolts, fins, and other discolorations that cannot be removed by cleaning. B. All form tie holes in all concrete surfaces shall be plugged using the same materials and methods specified above for surface repair to effectively seal form tie metal from moisture. CAST -IN -PLACE CONCRETE 03300 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 188 3.12 CURING AND PROTECTING A. Wheeling, working, and walking on, concrete shall be avoided for at least 24 hours after casting. Concrete shall be protected from sun and rain. Concrete shall not be subjected to any loads until concrete is completely cured, and in conformance with the provisions of Section 03100-3.02 for form removal. Concrete shall be protected during and after curing from damage during subsequent construction operations. B. Traffic areas are to be covered with plywood or other suitable. means for as long as necessary to protect concrete from damage. C. Slabs: Immediately upon completion of finishing operations, the surface of the slab shall be sealed against moisture loss by the application of a waterproof curing compound. D. Walls: Concrete in forms shall be kept moist until the forms are removed. Immediately upon removal of forms, an approved sprayed -on curing compound shall be applied to the concrete surfaces in strict compliance with the manufacturer's recommendations. Curing shall be maintained for 7 days. 3.13 DEFECTIVE CONCRETE, REPAIRS AND CLEANUP A: Concrete shall be considered defective for the following reasons: 1. • Failure of finished concrete profiles to conform to the plans within tolerance. 2. Failure to meet the specified cylinder strength requirements. 3. Concrete showing cracks, rock pockets, voids, spalls, or defects that adversely affect the structural adequacy of the concrete. B. All defective concrete shall be subject to removal and replacement by the Contractor, at his expense, unless it is determined by the City that it can be patched as specified below or that the location of this defective concrete is not detrimental to the function and the appearance of the structure. C. Repairing and Patching: Immediately after removing .forms, all concrete surfaces shall be inspected and any pour joints, voids, rock pockets, tie holes, except as specified, etc., shall be patched at once. Defective areas shall be chipped away to a depth of about one inch with the edges perpendicular to the surface. D. Cleanup: All debris resulting from the work of this section shall be removed from the site. 3.14 MEASUREMENT AND PAYMENT Full compensation for all labor, materials, equipment required for cast -in -place concrete shall be included in the unit price bid per cubic yard for REINFORCED CONCRETE, Bid Item No. 11 in conformance with Sections 00410 and 01025 of these Special Provisions. **END OF SECTION** CAST -IN -PLACE CONCRETE 03300 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 189 I 1 I I r I I r 1 1 I I 1 r I I I I I SECTION 04200 CONCRETE UNIT MASONRY PART 1 - GENERAL 1.01 DOCUMENTS The General Conditions and all other Contract Documents for this project are complementary and applicable to this Section of the Specifications. 1.02 SCOPE OF WORK A. Work under this section includes all labor and materials which are required for the completion of all reinforced unit masonry walls as indicated and as specified. B. Work Included: 1. Concrete masonry units 2. Reinforcement, anchorage, and accessories C. Related Work Specified Elsewhere: 1. Reinforcing Steel: Section 03200. 2. Cast -in -Place Concrete: Section 03300. 1.03 REFERENCE STANDARDS A. ACI 530 Building Code Requirements for Masonry Structures B. ACI 530.1 C. D. E. F. G. x. I. ASTM A82 ASTM A185 ASTM A123 ASTM A615 ASTM B370 ASTM C90 ASTM C270 1.04 SUBMITTALS Specifications for Masonry Structures Cold -Drawn Steel Wire for Concrete Reinforcement Steel Welded Wire for Concrete Reinforcement Zinc (Hot -Dipped Galvanized) Coatings on Iron and Steel Products Deformed and Plain Billet Steel Bars for Concrete Reinforcement Copper Sheet and Strip for Building Construction Load -Bearing Concrete Masonry Units Mortar for Unit Masonry Provide submittal indicating CMU materials to be used. CONCRETE UNIT MASONRY O'Neill Slough Tide Gate Reconstruction (Project No. 466237) 04200 Page 190 PART 2- PRODUCTS 2.01 CONCRETE MASONRY UNITS A. Hollow Load Bearing Block Units (CMU): ASTM C90, Type I -Moisture Controlled, light weight: Lintel units shall be supplied as necessary and shown on the plans. B. CMUs shall be standard 8" x 8" x 16" units unless otherwise,shown on the drawings. C. CMUs shall be grade N -II units as manufactured by Calstone Company, 1155 Aster Avenue, Sunnyvale, California, or approved equal. The masonry units shall have a maximum linear shrinkage of 0.065 of 1% from saturated to the oven dry condition. D. Pattern: Block pattern shall be running bond. 2.02 REINFORCEMENT AND ANCHORAGE Hot dip galvanized conforming to ASTM A641. Cold drawn steel wire shall conform to ASTM A82. Reinforcing steel shall be deformed bars conforming to ASTM A615 except that 1/4 -inch ties may be plain bars. 2.03 MORTAR AND GROUT A. Mortar: Mortar shall be freshly prepared and uniformly mixed in a ratio 1 part Portland Cement, 1/4 to %2 part hydrated lime or lime putty and no more than 4-1/2 parts mortar sand, and shall conform to ASTM designation C270. B. Grout: Shall be of fluid consistency (fluid as possible for pouring without segregation of the materials, 9 -inch to 11 -inch slump is recommended). Mixed in a ratio of one part Portland Cement, three parts sand and two parts of 3/8 -inch maximum pea gravel. 2.04 FLASHINGS Copper: ASTM B370, cold rolled 24 oz/sq ft; natural finish. PART 3- EXECUTION 3.01 WORKMANSHIP All work shall be executed in the best workman like manner in full compliance with the applicable building codes. All masonry units shall be laid true level and plumb in accordance with the plans. Units shall be cut accurately to fit all plumbing ducts, openings, electrical work, etc., and all voids sloshed full. 3.02 MASONRY UNITS CMUs shall be steam cured, clean and free from cracks when laid in the walls. Masonry units shall NOT be wet before being used (except when hot, dry weather exists, causing the units to be warm to the touch, and then the surface only may be wetted with a light fog spray). Proper CONCRETE UNIT MASONRY 04200 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 191 I 1 I r I I I 1 I I I I I I I I I I I r I 1 1 I I r masonry units shall be used to provide for all doors, bond beams, lintels, pilasters, etc., with a minimum of unit cutting. Where masonry unit cutting is necessary, all cuts shall be neat and clean. 3.03 JOINTS Unless otherwise specified or detailed on the plans, mortar joints shall be 3/8" thick with full mortar coverage on the face shells and on the webs surrounding cells to be filled. Mortar joints shall be straight, clean and uniform in thickness and shall be tooled as shown on the plans. Exposed walls shall have joints tooled with a round bar or V-shaped bar to produce a dense, slightly concave surface well bonded to the block at the edges. If it is necessary to move a unit after it has been once set in place, the block shall be removed form the wall, cleaned and set in fresh mortar. 3.04 REINFORCING Reinforcing shall be straight except for bends around corners or where bends or hooks are detailed in the plans. Reinforcing steel shall be lapped 40 -bar diameters, minimum, where spliced. When a foundation dowel does not line up with a vertical core, it shall be sloped at not more than one inch horizontal to six inches vertical. Dowels shall be grouted into a core in vertical alignment even though it is in an adjacent cell to the vertical wall reinforcing. 3.05 MASONRY FLASIIINGS A. Extend flashings horizontally at walls and top slab. B. Turn flashings up minimum two inches and bed into mortar joint of masonry and seal to concrete. C. Lap end joints minimum six inches and seal watertight. D. Turn flashing, fold, and seal at corners, bends and interruptions. 3.06 GROUTING Grouting shall be well rodded to insure filling of all voids and for a good bond to concrete masonry units. When grouting is stopped for an hour or more, the pour shall be approximately 1- 1/2 inches below the top of the course to be grouted to form key joints. 3.07 WALL CARE Where masonry wall are to be left bare or painted, extreme care shall be taken to prevent mortar splotches. No construction support shall be attached to the wall except where specifically permitted by the Engineer. All mortar and grout spilled on the wall shall be washed off before it can set up. After the wall is constructed it shall not be saturated with water for curing or any other purpose. 3.08 EXPANSION JOINTS A. Do not continue horizontal joint reinforcement through expansion joints. CONCRETE UNIT MASONRY O'Neill Slough Tide Gate Reconstruction (Project No. 466237) 04200 Page 192 B. Form control joint with a sheet building paper bond breaker fitted to one side of the hollow contour end of the block unit. Fill the resultant elliptical core with grout fill. Rake joint at exposed unit faces for placement of backer rod and sealant. - 3.09 TOLERANCES A. - Maximum variation from alignment of pilasters is 1/4 inch. B. Maximum variation from unit to adjacent unit is 1/16 inch. C Maximum variation from plane of wall is 1/4 inch in 10 feet and 1/2 inch in 20 feet. D. Maximum variation from plumb is 1/4 inch per wall height. E. Maximum variation from level coursing is 1/8 inch in 3 feet, 1/4 inch in 10 feet, and % inch in 30 feet. F. Maximum variation of joint thickness is 1/8 inch in 3 feet. 3.10 CLEANING A. Remove excess mortar and mortar smears as work progresses. B. Replace defective mortar. Match adjacent work. C. Use non-metallic tools in cleaning operations. D. At the conclusion of the masonry work, the masonry contractor shall clean all masonry walls, remove his scaffolding and equipment used in the work, clean up all debris, refuse and surplus material, and remove them from the premises. Do NOT clean masonry walls with muriatic acid. 3.11 MEASUREMENT AND PAYMENT Full compensation for all labor, materials, equipment required shall be included in the price bid per square foot for CONCRETE MASONRY WALLS, Bid Item No. 15 in conformance with Sections 00410 and 01025 of these special provisions. **END OF SECTION** CONCRETE UNIT MASONRY 04200 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 193 1 I I 1 1 I I I I 1 I r I r I r I I I I r SECTION 05100 STRUCTURAL STEEL PART 1- GENERAL 1.01 DOCUMENTS The General Conditions and all other Contract Documents for this project are complementary and applicable to this Section of the Specifications. 1.02 SCOPE OF WORK A. Work under this section includes all labor and materials which are required for the completion of all structural steel work as indicated and as specified. P. Work Included 1. Trash racks and security bars. 2. Steel framing and connections. 3. Miscellaneous hardware and other metal items not specifically called out elsewhere. C. Related Work Specified Elsewhere 1. Metal Fabrications: Section 05500. 2. Fiberglass Reinforced Plastic Structural Members: Section 06600. 1.03 REFERENCE STANDARDS A. American Institute of Steel Construction (AISC). B. American Society for Testing and Materials (ASTM). C. American Welding Society (AWS). D. Steel Structures Painting Council (SSPC). E. Research Council on Riveted and Bolted Joints (RCRBJ). F. Uniform Building Code (UBC), latest edition. G. American Iron and Steel Institute (AISI). 1.04 QUALITY ASSURANCE A. Qualification of Welders: Qualify welding procedures and welding operators in accordance with AWS D1.1. Provide certifications that welders to be employed in the. work have satisfactorily passed AWS qualification tests. If recertification of welders is required, retesting will be the Contractor's responsibility. STRUCTURAL STEEL 05100 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 194 1 B. Regulatory Requirements: Except as modified by the requirements specified herein and detailed on the plans, metal work shall conform to the "Uniform Building Code" (UBC). 1.05 SUBMITTALS A. Shop Plans: Submit shop and erection plans for all metals. Plan review covers only the general scheme, design, and character of the details, but not the checking of dimensions; such review relieve the Contractor from responsibility for executing the work in accordance with the Contract Documents. B. Field Measurements: Before starting work or proceeding with shop and erection plans, verify measurements, lines, grades, elevations, locations and details of existing field conditions and be responsible for correctness, conformity, accuracy and execution of metal work to conform to actual conditions. C. Detailing: Detail in conformity with the AISC Manual "Structural Steel, Detailing," except where otherwise indicated. D. Field Connections: Field connections shall be clearly shown on the erection plans with complete details as required so that the connections can be made without reference to the design plans. E. Product Data: Submit manufacturer's certification for bolts, nuts, washers, filler material for welding, primer and non -shrink grout. PART 2 -PRODUCTS 2.01 GENERAL Only new and undamaged materials shall be used. Metals which in the opinion of the Engineer are badly corroded or physically damaged shall not be incorporated in the work. 2.02 MATERIALS A. Structural Steel, Shapes, Bars and Plates: ASTM A582 stainless, A276 type 316, and AISI 316 stainless steel. B. Filler Material for Welding: AWS D1.1. Electrodes shall be as recommended by their manufacturers for the position and other conditions of actual use. Electrodes shall be E70. AWS E/ER3I6 filler metal shall be used. C. Anchor Bolts, Pins and Rods: ASTM A307, A36, A276 type 316, or A316 and AISI 316 stainless steel as called for on the plans. D. Metallic, Nonshrink Grout: Grout concealed locations shall use premixed factory packaged, ferrous aggregate, grouting compound conforming to Corps of Engineers Specification CRD-C- 588. Acceptable products include: STRUCTURAL STEEL 05100 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 195 I r I I I I I I I I I I I 1 1 I r I I I I I I I I r Gifford -Hill & Co.: Supreme Plus Master Builders: Embeco 636 Sonnebom Building Products: Ferrolith G -DS E. Nonmetallic, Nonshrink Grout: Grout for exposed to view locations (even if below grade) shall be premixed, nonmetallic, non -corrosive, non -staining grouting compound containing silica sands, portland cement, shrinkage compensating agents and water reducing agents. The grout compound shall conform to Corps of Engineers Specification CRD-C-621. Acceptable products include: Gifford Hill & Co.: Supreme Master Builders: Masterflow 713 The Upco Company: Upcon Nonshrink 2.03 FABRICATION A. General: Materials shall be fabricated and assembled in the shop to the greatest extent possible. Shearing, flame cutting, and chipping shall be done carefully, and accurately. Coordinate all connection details to concrete. Verify lines, levels, and dimensions prior to fabrication. Correct work that does not fit. Schedule and coordinate work under this section with that specified elsewhere in order to produce a workmanlike installation. When not otherwise shown or specified, comply with all applicable requirements of AISC "Specifications for Design, Fabrication and Erection of Structural Steel for Buildings." B. Exposed Metal Work: Where metal surfaces are exposed to view in the finished work, use only materials which are smooth and free of surface blemishes including pitting, seam marks, roller marks, rolled trade names and roughness. Remove such blemishes by grinding or by welding and grinding, prior to cleaning, treating and application of surface finishes. C. Connections: Shop connections shall be bolted or welded as indicated on the plans. One sided or other types of eccentric connections will not be permitted unless shown in detail on the approved shop plans. Welded connections shall be made in accordance with AWS D1.1. Assemble and weld built-up sections by methods which will produce true alignment of axes without warp. Welds exposed to view in the finished work shall be ground and dressed smooth so that the shape and profile of the item welded is preserved. D. Joints: Compression joints depending upon contact bearing shall have bearing surfaces truly milled perpendicular to their axis. Other joints shall be cut or dressed straight and true. E. Holes: Cut, drill, or punch holes at right angles to the surface of the metal. Do not enlarge holes by burning; however, holes may be enlarged by careful reaming. Holes in base or bearing plates shall be drilled. Holes shall be provided in members to permit connecting the work of other trades. F. Marking: All members shall be marked for erection in accordance with the shop plans. STRUCTURAL STEEL 05100 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 196 PART 3- EXECUTION 3.01 PREPARATION A. Field Measurements and Templates: Secure' field measurements required for proper and adequate fabrication and installation of the work. -Furnish templates for exact location of items to be embedded in concrete and setting instructions required for installation. B. Temporary Shoring and Bracing: In accordance with CAL OSHA design, provide temporary shoring and bracing members with connections of sufficient strength to bear imposed loads. Remove temporary members and connections when permanent members are in place and fmal connections are made. Provide temporary guy lines to achieve proper alignment of structure as erection proceeds. Provide temporary planking as required to effectively complete the work. 3.02 DELIVERY AND STORAGE OF MATERIALS Deliver material in time to insure uninterrupted progress of the work. Materials shall be stored in a manner to preclude damage and permit ready access for inspection and identification of each shipment. Metals, either plain or fabricated, shall be stored above the ground upon platforms, pallets, skids, or other supports. Materials shall be kept free from dirt, grease, and other foreign matter, and shall be protected from corrosion. Material showing evidence of damage will be rejected and shall be immediately removed. 3.03 ERECTION A. Setting Base and Bearing Plates: After the supported members have been plumbed, aligned and properly positioned, set base and bearing plates. Support plates on adjustable bolt supports or shims until, grout has set. Pack grout solidly between bearing surfaces and bases or plates to ensure that no voids remain. Follow grout manufacturers' instructions. B. Framing: Except as specified herein, erect framing in accordance with the AISC Code of Standard Practice and the UBC. Plan and lay out framing so that cutting will not be required. Erect the work plumb; square; and true to line, level, and position indicated within tolerances established in the AISC Code of Steel Practice. C. Holding and Protection: In assembling and during welding, hold the component parts with sufficient clamps or other adequate means to keep parts straight and in close contact. In welding, take precautions to minimize "lock up" stress and distortion due to heat. In wind, perform welding only after adequate wind protection is furnished and set up. D. Connections: Field connections shall be bolted except where welding is shown on the plans. Perform welding as specified for shop welding. Provide high strength bolted. connections for principle bolted connections. Provide common bolted connections for secondary connections and other bolted connections not shown otherwise. E. Camber: Framing members shall be inspected in the shop for camber and aligned so that they are fabricated and erected with their camber turned upward. Camber shall not exceed the requirements of the governing documents. STRUCTURAL STEEL 05100 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 197 I r r I I I I I I I 1 I I I I I I I I I I I I I I I I F. On exposed construction, remove erection bolts, temporary welds, run-off plates and backing strips. Fill holes from erection bolts with plug welds and grind smooth. 3.04 FIELD INSPECTION AND TESTING A. All work shall be inspected and approved by the Owner. No work requiring continuous inspection shall be carried on except under the continuous inspection of the Owner's authorized agent. B. The Contractor shall provide facilities and access to the work at all times required to facilitate this inspection. C. Testing shall be in accordance with the AISC Code and applicable ASTM standards. 3.05 MEASUREMENT AND PAYMENT Full compensation for metal work, including labor, materials, equipment and transportation shall be the lump sum price bid for METAL FABRICATIONS AND HARDWARE, Bid Item No. 13; and all other bid items with miscellaneous hardware. Measurement and payment shall conform to Sections 00410 and 01025 of these Special Provisions. **END OF SECTION** STRUCTURAL STEEL 05100 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 198 SECTION 05500 METAL FABRICATIONS PART 1- GENERAL 1.01 DOCUMENTS The General Conditions and all other Contract Documents for this project are complementary and applicable to this Section of the Specifications. 1.02 SCOPE OF WORK A. Work under this section includes all labor and materials which are required to furnish and install special metal fabrications as indicated and as specified. B. Work Included 1. Slide gates. 2. Slide gate operators. 3. Aluminum cross -over bridge. 3. Appurtenant hardware and accessories. C. Related Work Specified Elsewhere 1. Structural Steel: Section 05100. 2. Fiberglass Reinforced Plastic Structural Members: Section 06600. 1.03 REFERENCE STANDARDS A. American Institute of Steel Construction (AISC). B. American Society for Testing and Materials (ASTM). C. American Welding Society (AWS). D. Steel Structures Painting Council (SSPC). E. Research Council on Riveted and Bolted Joints (RCRBJ). F. Uniform Building Code (UBC), latest edition. G. American Water Works Association (AWWA). H. American Iron and Steel Institute (AISI). 1.04 QUALITY ASSURANCE A. General: Flow control gates shall be suitable for their intended use to control tide water (saltwater) as shown on the plans, and shall be designed and fully guaranteed for this use. Cross - METAL FABRICATIONS 05500 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 199 I I I I I 1 I I I I I I I I I I I I I I I I1 I I I I i r over bridge shall be suitable for pedestrian traffic, and shall be designed and fully guaranteed for this use. B. Standards: Equipment furnished shall be in full conformity and harmony with the intent to secure the best standard of construction and equipment as a whole or in part. Appurtenant operators supplied with flow gates furnished under this specification shall be suitable for continuous operation under submerged, partially submerged or dry conditions. This specification shall be regarded as a minimum standard for design and fabrication of equipment. C. Manufacturers: Each complete set of equipment supplied under this section shall be furnished by a single manufacturer who is. regularly engaged in the casting or fabrication of such equipment. Appurtenant equipment such as operators and hardware, while not necessarily manufactured by the particular equipment manufacturer, shall be compatible with its product and furnished by the equipment manufacturer. . 1.05 SUBMITTALS A. Submittal data provided shall be of sufficient depth to illustrate compliance with these specifications, the plans and other specifications that may influence the proper operation of the product. B. Manufacturers shall submit to the Engineer for approval, certified shop and assembly plans. The plans shall show the dimensions, ratings, component parts, arrangements, and materials of construction for all items covered under this section. C. Each manufacturer shall supply six (6) sets of its standard submittals which shall contain the following, as applicable: 1. Fabrication drawings 2. Performance data including seating and unseating heads for sluice gates 3. Materials lists 4. Installation guides . 5. Lubrication and maintenance instructions 6. Detailed description and dimensions of all accessories, including sluice gate operators D. No equipment shall be fabricated until the required data have been submitted to and acknowledged by the Engineer as being of general compliance and conformance with the information in the contract documents. E. Testing: Gates shall be tested for performance at the factory, and after installation to determine proper operation and sealing capability. F. Operation and Maintenance Manuals: Each equipment supplier shall provide operation and maintenance manuals for all equipment and accessories furnished. The manuals shall be original (no photocopies) and contain at least the following: 1. Identification stating the general nature of the manual, which appears on or is readable through the front cover. METAL FABRICATIONS 05500 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 200 2. Neatly typewritten index near the front of the manual, furnishing immediate information as to location in the manual of all emergency data regarding the equipment. 3. Detailed instructions regarding operation and maintenance of all equipment. 4. Complete nomenclature of all replaceable parts, their part numbers, current cost, list of recommended spare parts to be kept on hand, and name, address and telephone number of nearest vendor of parts. 5. Copies of all guarantees and warranties issued. 6. Copies of the favorably reviewed shop plans with all data concerning changes made during construction. Where the content of manuals includes manufacturers' catalog pages, clearly indicate the precise items included in this installation. G. Guarantee: Products furnished and installed under this section shall be guaranteed for a minimum period of five (5) years. Parts and labor for the first year of this guarantee period shall be provided in MI, at no cost to the Owner. PART 2 -PRODUCTS 2.01 SLUICE GATES A. General: Gates, stems, lifts and other appurtenances shall be the size, type, material and construction as shown on the drawings and specified herein. The gate assembly shall meet or exceed the requirements of AWWA C-561 (latest revision), as modified herein. All component parts shall be of the type of material shown, and interchangeable where size and material are the same without grinding, chipping or special fitting in the field. All mating and sliding metal parts shall be fully machined. The seating and unseating heads shall be 10 feet. All sluice gate parts, including lift, shall be designed for the heads specified with a minimum safety factor of five. The gate shall be the product of one manufacturer having five or more years of experience in the manufacture of similar gates for similar use. All materials used in the construction of the gates and appurtenances shall be the best suited for the application, all anchor nuts and bolts shall be stainless steel and all assembly hardware shall be of corrosion resistant material. B. Style: Sluice gate shall be Golden Harvest model GH-100, Waterman Model Sentinel III, or approved equal. A mating stainless steel thimble shall be provided for casting into the concrete wall, suitable for the installation and removal of the operating gate after the concrete structure has cured. C. Frame and Guide Rails: The frame shall be manufactured from welded stainless steel ASTM-A- 276 type 316. The guide rails shall be doweled and bolted to the stainless steel frame. Frames shall be the standard flange type with a rectangular opening as indicated on the plans. The back of the frame flange shall be machined to a plane and drilled to match the wall thimble. The guides shall be of such length as to support the slide fully in the open position. All fasteners shall be 316 stainless steel. All material used in the fabrication of these components shall have a minimum thickness of 1< -inch. METAL FABRICATIONS 05500 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 201 1 I I r I r I I 1 V I I I I I I I I I I I I I I I D. Cover (Slide): Covers (slides) shall be manufactured from suitable reinforced 316L stainless steel. Slide shall not deflect more than 1/1000 or 1/16 -inch at the seal points, whichever is less, of the span of the gate under maximum head. The stem connection shall be of the clevis or threaded coupling type for rising stem applications. The clevis or threaded coupling shall be capable of accepting without damage at least 2 %2 times. the rated output of the operator at 40 -lb. pull. All material used in the fabrication of the slide shall have a minimum thickness of 'h -inch. Seating Faces: Gate frames shall be fitted with neoprene crown sealing faces that surround the clear opening. All seals shall be easily replaced in the field. Poured or bounded seals are not acceptable. Pressure plates shall be attached to the frame with stainless steel fasteners and easily adjustable on site. Self-adjusting compression cord seals, winged UHMW, or "J" -seals will not be considered. Bottom Seal: The gate frames shall be furnished with a flushbottom seal arrangement of a resilient neoprene with a minimum width of exposed face of 1 inch and shall be securely attached to the slide along the invert. All seals shall be easily replaced in the field. Poured or bounded seals are not acceptable. H. Stems: Stems shall be manufactured from type 316 stainless steel with rolled threads and a minimum diameter of one inch. Stems shall be of ample cross section to prevent distortion and shall be capable of withstanding twice the rated output of the manual operator at 40 pounds pull. I. Stem Guides: Stem guides shall be stainless steel, with ultra high weight polyethylene (UHMWPE) bushings, and mounted on stainless steel brackets. Guides shall be adjustable in two directions and shall be so constructed to they will hold the stem in alignment and still allow enough play to permit easy operation. Stem guide spacing shall be such that the L/R ratio for the unsupported part of the stem shall not exceed 200. Brackets shall be attached to the wall by anchor bolts and be of sufficient strength to prevent twisting or sagging under load. J. Wall Thimble and Anchor Bolts: Wall thimble shall be provided as shown on the plans and shall be of one-piece stainless construction, with an integrally cast water stop around the periphery of the thimble, and shall be equal to the full thickness of the wall. The front flange of the thimble shall be machined, drilled and tapped to receive the sluice gate attaching studs. After machining, the front flange shall be marked with vertical centerline and the work "top" for correct alignment. A mastic type gasket shall be provided between the sluice gate and the wall thimble. Anchor bolt sizes shall be as recommended by the manufacturer in type 316 stainless steel. K.. Operators for non -rising stems: Operators compatible with the gate shall be comprised of hollow metal tubing connected to a handwheel and a compatible stem -nut socket. Specific operator length and design shall be coordinated with the Owner's Representative. I,. Shop Testing: The completely assembled gate and hoist shall be shop -operated to insure proper assembly and operation. The gate shall be adjusted so that a 0.004" thick gauge will not be admitted at any point between the frame and cover seating surfaces. M. Installation: Installation shall be performed in accordance with the manufacturer's instructions. After installation the completely assemble gate, stem, guides and lift shall be operated through one full cycle to demonstrate satisfactory operation. Such \adjustments as necessary shall be made METAL FABRICATIONS 05500 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 202 until operation is approved by the Owner. At the Engineer's discretion, the gate will be tested for maximum leakage as specified in AWWA C-561. 2.02 CROSS -OVER BRIDGE A. General: Complete structural calculations; showing the governing stresses in all members and connections, and detailed shop drawings bearing the seal of a California registered Professional Civil Engineer shall be submitted for approval prior to beginning fabrication. B. Style: Aluminum cross -over bridge shall be Halisten Lite-Span or equal. Bridge shall be anchored to concrete foundation with stainless steel anchor bolts, sized per manufacturer recommendations. C. Design Live Load and Deflection: All structural components shall be designed to support the dead weight of the structure, plus a minimum live load of 100 pounds per cubic foot. The maximum deflection of any component under this load shall riot exceed 1/360 of the span of that component. In no event shall the dead load deflection exceed the rise of any component in order to avoid surface ponding. D. Concentrated Live Load: The structural components shall be designed to support a 400 pound load on a 6"x6" area located anywhere on the surface of the structure. E. Design Stresses: All allowable design stresses in structural aluminum shall be in accordance with the "Specifications for Aluminum Structures" for building -type structures by the Aluminum Association. F. Skid Resistance: The aluminum decking surface of the structure shall be Hallsten's Deck Slat or equal, which is knurled to provide an aggressively non-skid surface. The edges of the adjacent deck slats shall interlock so that the slats will act together. G. Railing Design Load: Design for a 50 pound -per -foot horizontal load, applied to the top rail. H. Railing Style: Standard 2 -rail railings, with mid -rail height half of top -rail height. Handrail posts shall be mounted in sockets, and removable by the removal of bolts, requiring common hand tools. I. Materials: All structural aluminum used in fabrication of the bridge shall be alloy 6061-T6 or alloy 6063-T6. Material shall be new and of first quality. Welding shall be with electrodes of an alloy which will produce welds with strength and corrosion resistant characteristics compatible to the base metal. All fasteners between aluminum components shall be 316 stainless steel. No carbon steel components shall be used. J. Welding Procedure: All welding shall be with an inert gas shield arc process. Machine settings shall be developed with test welds of the same material, alloy, and geometry as the work pieces and the samples shall be tested destructively. K. Finishing: All components shall be coated to a minimum of 6 mils with Rilsan Nylon II or equal powder and cured at a minimum of 415 degrees Fahrenheit to assure bonding and fusion. L. Experience: The manufacturer must furnish adequate evidence of a minimum of 5 years of ongoing experience in the manufacture of similar structures. METAL FABRICATIONS 05500 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 203 I I I I I I I I I I I 1 I I I 1 1 1 1 1 1 1 1 1 1 1 1 1 PART 3— EXECUTION 3.01 MANUFACTURER'S INSTRUCTIONS Comply with manufacturer's product data, including technical bulletins, catalog installation instructions, and product carton instructions for installation. 3.02 PREPARATION A. Verify that dimensions are correct for device installations. B. Verify that substrate conditions, which have been previously installed under other sections, are acceptable for product installation in accordance with the manufacturer's recommended installation procedures. C. The Contractor shall check as -built conditions and verify the manufacturers' details for accuracy to fit the application prior to fabrication. D. All components to be welded shall be free of dirt, grease, and other contaminants, and shall fit up properly for sound welding. Surfaces to be welded may not be cut with oxygen. 3.03 INSTALLATION A. Coordinate the installation of equipment with other related and adjacent work. Installation shall not start until construction has progressed to a point where remaining construction operations will not damage metal installation. B. Protect metal, painted, and rubber finish surfaces from damage during construction. C. Comply with manufacturers' installation instructions. 3.04 CLEANING A. Repair or replace damaged installed products. Clean installed products in accordance with the manufacturer's instructions. B. Remove construction debris from site and legally dispose of the debris in conformance with Section 2100. 3.05 MEASUREMENT AND PAYMENT Full compensation for supplying all equipment, materials, and incidentals required to furnish, install and test sluice gates with operators and appurtenances, complete as specified herein, shall be price bid per each for SLIDE GATE AND MOUNTING HARDWARE, Bid Item No. 12; and the lump sum price for METAL FABRICATIONS AND HARDWARE, Bid Item No. 13; both in conformance with Sections 00410 and 01025 of these Special Provisions. **END OF SECTION** METAL FABRICATIONS 05500 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 204 SECTION 06600 FIBERGLASS REINFORCED PLASTICS PART 1- GENERAL 1.01 DOCUMENTS The General Conditions and all other Contract Documents for this project are complementary and applicable to this Section of the Specifications. 1.02 SCOPE OF WORK A. Work under this section includes all labor and materials which are required to fiunish and install fiberglass reinforced plastic (FRP) fabrications as indicated and as specified. B. Work Included 1. Fiberglass grating. 2. Structural support systems fabricated from FRP. 3. Safety rail systems fabricated from FRP. C. Related Work Specified Elsewhere 1. Metal Fabrications: Section 05500. 1.03 REFERENCE STANDARDS The editions of specifications and standards' referenced herein, published by the following organizations, apply to the Work only to the extent specified by the reference. A. ASTM D3917 Dimensional Tolerance of Thermosetting Glass -Reinforced Plastic Pultruded Shapes B. ASTM D3918 C. ASTM D3647 D. ASTM D4385 1.04 SUBMITTALS Standard Definition of Terms Relating to Reinforced Plastic Pultruded Products Standard Practice for Classifying Reinforced Plastic Pultruded Shapes According to Composition • Standard Practice for Classifying Visual Defects in Thermosetting Reinforced Plastic Pultruded Products A. The contractor shall submit installation and fabrication drawings for approval. Include plans, elevations, framing supports and connection details. B. The contractor shall submit manufacturer's specifications, load tables, and standard installation details. FIBERGLASS REINFORCED PLASTICS 06600 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 205 I I I I 1 I I I I I I i I I I i i I I I I r I I i I 1 I I 1 PART 2- PRODUCTS 2.01 GENERAL Only new and undamaged materials shall be used. Materials which in the opinion of the Owner's Representative are physically damaged shall not be incorporated into the Work. 2.02 MATERIALS A. Fiberglass shapes shall be pultruded from Vinyl ester Class 1 fiberglass resins. Resins used to mold or pultrude fiberglass shapes shall be highly corrosion resistant to seawater. Fiberglass resins shall be ultraviolet light inhibited with surface veils standard. B, Structural shapes shall have the following properties: E= 2.5 x 106 psi F„ = 30,000 psi 2.03 FRP STRUCTURAL SHAPES A. Fiberglass structural shapes shall be Corlight as manufactured by EKG Industries or approved equal. Fiberglass beams and channels shall be Corlight Pultruded I -Beam 6x3x1/4 and Corlight Pultruded Channel C6x1-5/8x1/4 or equal. B. Resins shall be Iso Polyester (PF). Units shall be fire retardant and have a flame spread rating of 25 or less when tested in accordance with ASTM E-84. Resin systems shall include inhibitors for UV protection. Glass fiber reinforcements shall be 60 to 70% of the material weight. C. Color shall be light gray. D. Deflection of shapes shall not exceed the lesser of 3/8" or L/120 under a uniform load of 300 psf for contributing grating area. 2.04 FRP GRATING A. Fiberglass grating shall be Corgrate as manufactured by 1KG Industries or approved equal. Fiberglass shall be Corgrate Pultruded In Series Model 2"HI58 or equal. B. Grating shall be constructed of structural load and cross bar components, assembled and bonded into a one piece panel. C. Resins shall be Iso Polyester (PF). Units shall be fire retardant and have a flame spread rating of 25 or less when tested in accordance with ASTM E-84. Resin systems shall include inhibitors for UV protection. Glass fiber reinforcements shall be 60 to 70% of the material weight. D. Grating color shall be light gray. E. Open area of grating shall be approximately 60%. Weight of grating units shall be 8.7 lbs. per sq. ft. Slip resistant top surface of grating shall be silica grit. Spacing of load bars shall be 1-1/2 FIBERGLASS REINFORCED PLASTICS 06600 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 206 inches on center, spacing of cross bars shall be 6 inches on center. Deflection of grating shall not exceed the lesser of 3/8" or L/120 under a uniform load of 300 psf. Maximum allowable loading of grating shall be determined using 2.5 Factor of Safety. F. Fiberglass grating shall be anchored to supporting beams at all for corners minimum with Type 316 stainless steel fasteners and hardware IKG Industries Model WHIM or equal. 2.05 FRP HANDRAILS A. Safety rails, posts, connectors and components shall be fabricated from pultruded fiberglass components. The pultruded parts shall be made with a fire retardant polyester resin which meets ASTM E84 for flame spread of 25 or less and contains a ultra -violet inhibitor. B. Handrails shall be picket rail style. Horizontal rails and vertical posts shall be 2"x 2"x .156" square tube. The kickplate shall be 4"x %]" (corrugated) x .125" thick pultruded fiberglass shape. Vertical pickets shall be 5/8" diameter solid rods on 4" centers. C. Handrails shall be designed to meet the configuration and loading requirements of OSHA 1910.23 with a minimum 2.0 factor of safety loading. D. Railing color shall be light gray. E. Handrail gates shall be swing type. Gates shall have same appearance and meet (or exceed) the same structural requirements as adjacent handrail. Gates shall be designed and fabricated for manual operation. Gates shall be designed and fabricated to prevent sagging. Gate hinges shall be Type 316 SS and there shall be at least two hinges per gate. Gates shall be furnished with locking mechanisms to be utilized when the gate is in the closed position. Gate locks shall be keyed per Owner's requirements. 2.06 FRP LADDERS A. Fiberglass reinforced plastic (FRP) ladder system shall meet or exceed the requirements set forth in OSHA 1910.27. Ladders shall be shop assembled and be pre -drilled and prepared for field attachments of standoff brackets. B. Side rails and rungs shall be pultruded fiberglass reinforced components. Side rails shall be 2" square tube with a wall thiclmess of .156" or greater. The rungs shall be pultruded 1.25" diameter FRP fluted tube. C. Ladder color shall be light gray. 2.07 FABRICATIONS All fiberglass grating, structural beams and handrails that are field fabricated shall have cut surfaces and edges sealed in accordance with manufacturer recommendations. FIBERGLASS REINFORCED PLASTICS 06600 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 207 I 1. I I I I 1 I I I I 1 I 1 1 i I 1 1 1 I i i I 1 1 1 1 1 2.08 FASTENERS A. All structural fasteners shall be Type 316 stainless steel: No carbon steel or aluminum components are to be used. B. Concrete anchor studs shall be HILTI HAS Rods 316 SS or equal as shown on plans and secured as specified in Section 03300. Anchor studs shall be installed per manufacturer recommendations. PART 3— EXECUTION 3.01 MANUFACTURER'S INSTRUCTIONS Comply with manufacturer's product data, including technical bulletins, catalog installation instructions, and product carton instructions for installation. 3.02 PREPARATION A. Verify that dimensions are correct for device installations. B. Verify that substrate conditions, which have been previously installed under other sections, are acceptable for product installation in accordance with the manufacturer's recommended installation procedures. The Contractor shall check as -built conditions and verify the manufacturers' details for accuracy to fit the application prior to fabrication. 3.03 INSTALLATION A. Coordinate the installation of handrail, ladder, and gates with other related and adjacent work. Installation shall not start until construction has progressed to a point where remaining construction operations will not damage fiberglass reinforced plastics installation. B. Protect metal and FRP finish surfaces from damage during construction. C. Comply with manufacturers' installation and mounting instructions. 3.04 CLEANING A. Repair or replace damaged installed products. Clean installed products in accordance with the manufacturer's instructions. B. Remove construction debris from site and legally dispose of the debris in conformance with Section . FIBERGLASS REINFORCED PLASTICS 06600 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 208 3.05 MEASUREMENT AND PAYMENT Full compensation for supplying all equipment, materials, and incidentals required to design, furnish, and install fiberglass grating, railings and ladders, complete and in place as shown on the drawings and specified herein, shall be lump sum bid price for FIBERGLASS GRATING, RAILINGS AND LADDERS, Bid Item No. 14 in conformance with Sections 00410 and 01025 of these Special Provisions. **END OF SECTION** FIBERGLASS REINFORCED PLASTICS 06600 O'Neill Slough Tide Gate Reconstruction (Project No. 466237) Page 209 1 I I I I I I I I I I I I a a a a a a a a a a a - M r M a ea a a a a a a a w a- a a w w w w a. s a N