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HomeMy WebLinkAboutPW Freitas Pkwy Drainage Channel RepairsCity of San Rafael * California Form of Agreement for Informal Bids Maneul T. Freitas Parkway Drainage Channel Repairs This Agreement is made and entered into thiA0.4 day of 49CWO,REW , 2017 by and between the City of San Rafael (hereinafter called City) and Maggiora & Ghilotti, Inc. (hereinafter called Contractor). Witnesseth, that the City and the Contractor, for the considerations hereinafter named, agree as follows: 1. Scope of the Work. The Contractor hereby agrees to furnish all of the materials, equipment, and labor necessary to perform the work for the project entitled "Manuel T. Freitas Parkway Drainage Channel Repairs," all in accordance with the requirements and provisions of the construction plans and specifications attached hereto as Attachment A. 2. Prevailing Wages. Pursuant to the requirements of California Labor Code § 1771, and San Rafael Municipal Code § 11.50.180 (C), the general prevailing wage in the locality in which the work is to be performed, for each craft or type of worker needed to execute the contract, shall be followed. 3. Bonds. No bonds are required for this project. 4. Time of Completion. (a) The work to be performed under this Contract shall be commenced within Five (5) Working Days after the date of written notice by the City to the Contractor to proceed. (b) All work, including punchlist items, shall be completed within 15 Working Days, and with such reasonable extensions of time as may be requested by Contractor and approved by City. 5. Liquidated Damages. It is agreed that, if all the work required by the contract is not finished or completed within the number of working days as set forth in the contract, damage will be sustained by the City, and that it is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City, the sum of $500 for each and every working day's delay in finishing the work in excess of the number of working days prescribed above; and the Contractor agrees to pay said liquidated damages herein provided for, and further agrees that the City may deduct the amount thereof from any moneys due or that may become due the Contractor under the contract. 6. The Contract Sum. The City shall pay to the Contractor for the performance of the Contract the amounts determined for the total number of each of the units of work in the following schedule completed, at the unit price stated. The number of units contained in this schedule is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. BID ITEMS ITEM DESCRIPTION 1. Mobilization 2. Traffic Plan and Control 3. Water Diversion a. Coffer Dam Installation/Rernoval b. Water Diversion System Installation/Removal 4. Minor Concrete — Drainage Channel Linin ESTIMATED UNIT QUANTITY 1 LS n 1 LS @ 1 LS a 1 LS a UNIT PRICE TOTAL PRICE $4,420.00 $4,420.00 $510.00 $510.00 $7,500.00 = $7,500.00 $2,700.00 = $2,700.00 855 SF rr $34.00 = $29,070.00 GRAND TOTAL BID $44,200.00 Agreement • 1 14- 1 -115 7. Progress Payments. (a) On not later than the 6th day of every month the Public Works Department shall prepare and submit an estimate covering the total quantities under each item of work that have been completed from the start of the job up to and including the 25th day of the preceding month, and the value of the work so completed determined in accordance with the schedule of unit prices for such items together with such supporting evidence as may be required by the City and/or Contractor. (b) As soon as possible after the preparation of the estimate, the City shall, after deducting previous payments made, pay to the Contractor 95% of the amount of the estimate as approved by the Public Works Department. (c) The Contractor may elect to receive 100% of payments due under the contract from time to time, without retention of any portion of the payment by the public agency, by depositing securities of equivalent value with the public agency in accordance with the provisions of Section 22300 of the Public Contract Code. Such securities, if deposited by the Contractor, shall be valued by the City's Finance Director, whose decision on valuation of the securities shall be final. 8. Acceptance and Final Payment. (a) Upon receipt of written notice that the work is ready for final inspection and acceptance, the City Engineer shall within 5 days make such inspection, and when he finds the work acceptable under the Contract and the Contract fully performed, he will promptly issue a Notice of Completion, over his own signature, stating that the work required by this Contract has been completed and is accepted by him under the terms and conditions thereof, and the entire balance found to be due the Contractor, shall be paid to the Contractor by the City as soon as possible, (b) Before final payment is due the Contractor shall submit evidence satisfactory to the City that all payrolls, material bills, and other indebtedness connected with work have been paid, except that in case of disputed indebtedness or liens the Contractor may submit in lieu of evidence of payment a surety bond satisfactory to the City guaranteeing payment of all such disputed amounts when adjudicated in cases where such payment has not already been guaranteed by surety bond. (c) The making and acceptance of the final payment shall constitute a waiver of all claims by the City, other than those arising from any of the following: (1) unsettled liens; (2) faulty work appearing within 12 months after final payment; (3) requirements of the specifications; or (4) manufacturers' guarantees. It shall also constitute a waiver of all claims by the Contractor, except those previously made and still unsettled. Such payment shall be made under the terns and conditions governing final payment, except that it shall not constitute a waiver of claims. 9. Insurance. (a). Scope of Coverage. During the term of this Agreement, Contractor shall maintain, at no expense to City, the following insurance policies: 1. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrenceltwo million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence. 3. If it employs any person, Contractorshall maintain worker's compensation insurance, as required by the State of California, with statutory limits, and employer's liability insurance with limits of no less than one million dollars ($1,000,000) per accident for bodily injury or disease. Contractor's worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against City. (b) Other Insurance Requirements. The insurance coverage required of the Contractor in subparagraph (a) of this section above shall also meet the following requirements: 1. The insurance policies shall be specifically endorsed to include the City, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. Agreement • 2 2. The additional insured coverage under Contractor's insurance policies shall be primary with respect to any insurance or coverage maintained by City and shall not call upon City insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in Contractor's policies shall be at least as broad as ISO form CG20 0104 13. 3. The insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. By execution of this Agreement, CONTRACTOR hereby grants to CITY a waiver of any right to subrogation which any insurer of CONTRACTOR may acquire against CITY by virtue of the payment of any loss under such insurance. CONTRACTOR agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not CITY has received a waiver of subrogation endorsement from the insurer. 5. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of City (if agreed to in a written contract or agreement) before City's own insurance or self-insurance shall be called upon to protect it as a named insured. 8. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to City or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. (c) Deductibles and SIR'S. Any deductibles or self-insured retentions in Contractor's insurance policies must be declared to and approved by the City, and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or City or other additional insured party. At City's option, the deductibles or self-insured retentions with respect to City shall be reduced or eliminated to City's satisfaction, or Contractor shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees and defense expenses. (d) Proof of Insurance. Contractor shall provide to the City all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. City reserves the right to obtain a full certified copy of any insurance policy and endorsements from Contractor. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by City. 10. Indemnification. (a) Contractor shall, to the fullest extent permitted by law, indemnify, release, defend with counsel approved by City, and hold harmless City, its officers, agents, employees and volunteers (collectively, the "City Indemnitees"), from and against any claire, demand, suit, judgment, loss, liability or expense of any kind, including but not limited to attorney's fees, expert fees and all other costs and fees of litigation, (collectively "CLAIMS"), arising out of Contractor's performance of its obligations or conduct of its operations under this Agreement. The Contractor's obligations apply regardless of whether or not a liability is caused or contributed to by the active or passive negligence of the City Indemnitees. However, to the extent that liability is caused by the active negligence or willful misconduct of the City Indemnitees, the Contractor's indemnification obligation shall be reduced in proportion to the City Indemnitees' share of liability for the active negligence or willful misconduct. In addition, the acceptance or approval of the Contractor's work or work product by the City or any of its directors, officers or employees shall not Agreement • 3 relieve or reduce the Contractor's indemnification obligations. In the event the City Indemnitees are made a party to any action, lawsuit, or other adversarial proceeding arising from Contractor's performance of or operations under this Agreement, Contractor shall provide a defense to the City Indemnitees or at City's option reimburse the City Indemnitees their costs of defense, including reasonable attorneys' fees, incurred in defense of such claims. (b) The defense and indemnification obligations of this Agreement are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Agreement, and shall survive the termination or completion of this Agreement for the full period of time allowed by law. 11. Nondiscrimination. Contractor shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 12. Compliance with All Laws. Contractor shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. Contractor shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. Contractor shall release, defend, indemnify and hold harmless City, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinances, codes or regulations. 13. No Third Party Beneficiaries. City and Contractor do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 14. Notices. All notices and other communications required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: To City: Public Works Director City of San Rafael 1400 Fifth Avenue P.O. Box 151560 San Rafael, CA 94915-1560 To Contractor: Maggiora & Ghilotti, Inc. 555 Du Bois St San Rafael, CA 94901 15. Independent Contractor. For the purposes, and for the duration, of this Agreement, Contractor, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the City. Contractor and City expressly intend and agree that the status of Contractor, its officers, agents and employees be that of an Independent Contractor and not that of an employee of City. 16. Entire Agreement; Amendments. (a) Tile terms and conditions of this Agreement, all exhibits attached, and all docurnents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. (b) This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the Contractor and the City. (c) No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. (d) The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the Contractor and the City. Agreement • 4 (e) If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 17. Waivers. The waiver by either party of any breach or violation of any tern, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 18. City Business License; Other Taxes. Contractor shall obtain and maintain during the duration of this Agreement, a City business license as required by the San Rafael Municipal Code Contractor shall pay any and all state and federal taxes and any other applicable taxes. City shall not be required to pay for any work performed under this Agreement, until Contractor has provided City with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 19. Warranty. (a) Except as otherwise expressly provided in the Agreement, and excepting only items of routine maintenance, ordinary wear and tear and unusual abuse or neglect by City, Contractor warrants and guarantees all work executed and all supplies, materials and devices of whatsoever nature incorporated in or attached to the work, or otherwise provided as a part of the work pursuant to the Agreement, to be absolutely free of all defects of workmanship and materials for a period of one year after final acceptance of the entire work by the City. Contractor shall repair or replace all work or material, together with any other work or material that may be displaced or damaged in so doing, that may prove defective in workmanship or material within this one year warranty period without expense or charge of any nature whatsoever to City. (b) In the event that Contractor shall fail to comply with the conditions of the foregoing warranty within ten (10) days after being notified of the defect in writing, City shall have the right, but shall not be obligated, to repair, or obtain the repair of, the defect and Contractor shall pay to City on demand all costs and expense of such repair. Notwithstanding anything herein to the contrary, in the event that any defect in workmanship or material covered by the foregoing warranty results in a condition that constitutes an immediate hazard to public health or safety, or any property interest, or any person, City shall have the right to immediately repair, or cause to be repaired, such defect, and Contractor shall pay to City on demand all costs and expense of such repair. The foregoing statement relating to hazards to health, safety or property shall be deemed to include both temporary and permanent repairs that may be required as determined in the sole discretion and judgment of City. (c) In addition to the above, the Contractor shall make a written assignment of any applicable manufacturers' and other product warranties to the City, prior to completion and final acceptance of the work by City. IN WITNESS WHEREOF, City and Contractor have caused their authorized representatives to execute this Agreement the day and year first written above. CITY OF SAN RAFAEL: JintS 17111 City Ma . ger ATTEST: Maggio By: Agreement • 5 Esther C. Beirne City Clerk APPROVED AS TO FORM: Robert F. E,stein City Attorn, File No.: 08.09.20 Printed Officer Name: Title: and By: Printed Officer Name: Title: Agreement • 6 SPECIFICATIONS FOR MANUEL T. FREITAS DRAINAGE CHANNEL REPAIRS AUGUST 2017 CITY OF SAN RAFAEL DEPARTMENT OF PUBLIC WORKS Attachment A PXA RAFq� 'rY WITH p'el`t' Department of Public Works August 30, 2017 MAYOR Gary O. Phillips VICE MAYOR Maribeth Bushey COUNCIL MEMBERS Kate Colin John Gamblin Andrew Cuyugan McCullough INVITATION FOR BIDS Bids for the Construction of the Project Entitled: Manuel T. Freitas Parkway Drainage Channel Repairs City Project No. 11318 will be received at: City of San Rafael DPW Attn: Dave Nicholson 111 Morphew Street San Rafael, California 94915-1560 or email bids to: David.Nicholson@cityofsanrafael.org no later than12:00 PM, Wednesday, September 13, 2017 Bids shall be marked as follows: BID FOR: Manuel T. Freitas Parkway Drainage Channel Repairs City Project No. 11318 Project Description: This project consists of all the associated work described in the attached specifications and plans and the provisions of this document for 60 linear feet (or 855 square feet) of concrete repair work on a drainage channel located within a City Street right-of-way of Manuel T. Freitas Parkway near the intersection of Del Ganado Road. An optional pre-bid walk through meeting at the iob site is scheduled for Wednesdav, September 6, 2017 at 10:30 AM regardless of weather conditions. Meet at the south side of Scottie's Market narking lot north of the vroiect location. Each bid shall be in accordance with the plans and specifications, and other contract documents. Contract documents may be examined at the Department of Public Works, 111 Morphew Street, San Rafael, CA 94901; Public Works will not sell hard copies of the contract documents. A copy of the plans and specifications are accompanied with this announcement. Bidders are hereby notified that pursuant to Section 1770 of the Labor Code of the State of California, the City of San Rafael has ascertained the general prevailing rate of per diem wages and rates for legal holiday and overtime work in the locality where the work is to be performed for each craft or type of workmen or mechanics needed to execute the contract which will be awarded the successful Bidder. The prevailing rates so determined by the City are on file in the office of the City Clerk, copies of which are available to any interested party on request. The City reserves the right to reject any or all bids or to waive any informality in a bid. The Contractor shall have a "Class A" contractor's license in good standing registered in the State of California at the time of award of contract. No contractor or subcontractor shall be qualified to bid on, or be listed on a bid proposal for a public works project unless currently registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)]. No contractor or subcontractor may be awarded a contract for public work on a public works project and no contractor or subcontractor may engage in the performance of a public works contract, unless currently registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Dave Nicholson, P.E. Project Manager Dated: August 30, 2017 1-k RA F,4 C11 71 y0 /TY WITH p'l`y Department of Public Works MAYOR Gary O. Phillips VICE MAYOR Maribeth Bushey COUNCIL MEMBERS Kate Colin John Gamblin Andrew Cuyugan McCullough INSURANCE REOUIREMENTS SHEET SUBJECT: COMMERCIAL GENERAL LIABILITY, AUTOMOBILE AND WORKERS' COMPENSATION INSURANCE (MAJOR PUBLIC WORKS CONTRACTS) The City of San Rafael requires that all Contractors and Subcontractors performing work under a Public Works contract with the City carry commercial general liability, automobile, and workers' compensation insurance. The Contractor and Subcontractors shall insure the City, its elective and appointive Boards, Commissions, Officers, Agents and Employees, as follows: Commercial General Liabilitv: Automobile Liabilitv: Workers' Compensation Liabilitv Minimum of $1,000,000 per occurrence and $2,000,000 aggregate coverage. Minimum of $1,000,000 coverage. Statutory coverage. The required commercial general liability insurance policy shall provide or shall be endorsed to provide that the City, its officers, employees, agents and volunteers are additional named insureds (for both ongoing and completed operations) under the policy, that such policy shall be primary and non- contributory and will not seek contribution from the City's insurance or self-insurance. The "primary and non-contributory" coverage shall be at least as broad as CG 20 01 04 13. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City (if agreed to in a written contractor or agreement) before City's own insurance or self-insurance shall be called upon to protect it as a named insured. The workers' compensation liability insurance policy shall be specifically endorsed to waive any right of subrogation against the City. The insurance policies shall be specifically endorsed to provide that the insurance carrier shall not cancel, terminate, or otherwise modify the terms and conditions of said insurance policies except upon ten (10) days written notice to the City. It shall be a requirement under the contract that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to City or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in the contract; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. Any deductibles or self-insured retentions in the required insurance policies must be declared to and approved by the City, and shall not reduce the limits of liability. Policies containing any self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or City or other additional insured party. At City's option, the deductibles or self- insured retentions with respect to City shall be reduced or eliminated to City's satisfaction or Contractor or subcontractor shall procure a bond guaranteeing payment of losses and related investigations, claims administration, attorney's fees, and defense expenses. Contractor and subcontractors shall provide to the City all of the following: (1) Certificates of Insurance evidencing the required insurance coverage, (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and (3) excerpts of policy language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. City reserves the right to obtain a full certified copy of any insurance policy and endorsements from Contractor and subcontractors. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by City. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this contract. The insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. If the insurance is written on a Claims Made Form, then, following termination of the contract, said insurance coverage shall survive for a period of not less than five years. PRICES OF ITEMS NOTE: In the event of error or conflict in the prices set forth below, the "Unit Price" will govern. In the event that the "Unit Price" is illegible or indistinguishable it shall be established by dividing the "Total Price" by the "Number of Units." BASE BID ITEMS DESCRIPTION 1. Mobilization 2. Traffic Plan and Control 3. Water Diversion a. Coffer Dam Installation/Removal b. Water Diversion System Installation 4. Minor Concrete — Drainage Channel Lining ESTIMATED UNIT QUANTITY I LS @ I LS I LS @ I LS @ 855 SF @ BASE BID $ (BASE BID WRITTEN IN WORDS) NOTES: UNIT TOTAL PRICE PRICE The contract will be awarded to the lowest responsible and responsive bidder based upon the Base Bid. The City reserves the right to delete any item of work shown. Submittal of bid signifies a frill understanding of project issues, existing utilities and conditions in the project area. The Contractor shall have a "Class A" contractor's license in good standing registered in the state of California. The Contractor shall comply with section 1771.1 (a) of the Labor Code which states the following: "A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. BID PROPOSAL • 6 GENERAL PROVISIONS TABLE OF CONTENTS SECTION 10 -CONTROL OF THE WORK 10.01 AUTHORITY OF THE DIRECTOR OF PUBLIC WORKS AND ENGINEER ................................ 1 10.02 PLANS.................................................................................................................................................1 10.03 SUGGESTIONS TO CONTRACTOR................................................................................................ 1 10.04 CONFORMITY WITH PLANS AND ALLOWABLE DEVIATION ................................................ 1 10.05 INTERPRETATION OF PLANS AND SPECIFICATIONS.............................................................. 1 10.06 SUPERINTENDENCE........................................................................................................................1 10.07 CHARACTER OF WORKMEN......................................................................................................... 1 10.08 LINES AND GRADES........................................................................................................................ l 10.09 PRESERVATION OF STAKES.......................................................................................................... 2 10.10 INSPECTION...................................................................................................................................... 2 10.11 RIGHT OF ACCESS TO STREET...................................................................................................... 2 10.12 PLACING PORTIONS OF WORK IN SERVICE.............................................................................. 2 10.13 EXTENT OF TRENCH OPENED UP................................................................................................ 2 10.14 RESTORATION OF INJURED PROPERTY..................................................................................... 2 10.15 MONUMENTS....................................................................................................................................2 10.16 STOP WORK ORDER........................................................................................................................ 2 10.17 FINAL INSPECTION.......................................................................................................................... 2 SECTION I 1 - CONTROL OF MATERIAL 11.01 SOURCE OF MATERIALS................................................................................................................ 3 11.02 SAMPLES AND TESTS..................................................................................................................... 3 11.03 CITY FURNISHED MATERIALS..................................................................................................... 3 11.04 STORAGE OF MATERIALS............................................................................................................. 3 11.05 DEFECTIVE MATERIALS................................................................................................................ 3 11.06 TRADE NAMES, ALTERNATIVES AND SUBSTITUTIONS........................................................ 3 11.07 SUBSTITUTIONS...............................................................................................................................4 11.08 CERTIFICATES OF COMPLIANCE................................................................................................. 4 SECTION 12 - RESPONSIBILITIES TO THE PUBLIC 12.01 LAWS TO BE OBSERVED................................................................................................................ 4 12.02 VEHICLE CODE................................................................................................................................. 4 12.03 AIR POLLUTION............................................................................................................................... 6 12.04 STORM WATER POLLUTION PREVENTION................................................................................ 6 12.05 WEIGHT LIMITATIONS................................................................................................................... 9 12.06 PERMITS AND LICENSES................................................................................................................ 9 12.07 SAFETY PROVISIONS...................................................................................................................... 9 12.08 USE OF EXPLOSIVES....................................................................................................................... 9 12.09 PRESERVATION OF PROPERTY.................................................................................................... 9 12.10 RESPONSIBILITY FOR DAMAGE................................................................................................... 10 12.11 DISPOSAL OF MATERIAL OUTSIDE THE RIGHT -OF -WAY ...................................................... 10 12.12 PUBLIC SAFETY............................................................................................................................... 10 12.13 PUBLIC CONVENIENCE.................................................................................................................. 11 12.14 MAINTENANCE OF TRAFFIC......................................................................................................... 12 12.15 STREET CLOSURES AND DETOURS............................................................................................. 13 12.16 HAUL ROUTES.................................................................................................................................. 13 GENERAL PROVISIONS • INDEX GENERAL PROVISIONS SECTION 13 - UNDERGROUND OBSTRUCTIONS 13.01 EXISTING UTILITIES SHOWN ON PLANS.................................................................................... 13 13.02 NOTIFICATION OF UTILITIES........................................................................................................ 13 13.03 DAMAGE TO UTILITIES AND SEWERS........................................................................................ 13 13.04 UTILITY RELOCATION.................................................................................................................... 13 13.05 TREE ROOTS...................................................................................................................................... 14 SECTION 14 - DUST CONTROL......................................................................................................................... 14 SECTION15 - WATER.........................................................................................................•................................ 14 SECTION 16 - REFERENCE TO STATE SPECIFICATIONS......................................................................... 14 SECTION 17 - REQUIRED CONTRACT LANGUAGE (FORM HUD 4010) ................................................. 14 GENERAL PROVISIONS • INDEX SECTION 10 - CONTROL OF THE WORK 10.01 Authority of the Director of Public Works and Engineer - The Director of Public Works shall decide all questions concerning quality or ac- ceptability of materials furnished and work performed, manner of performance, rate of progress, interpretation of plans and specifications, compensation for work performed and all questions as to the acceptable fulfillment of the contract by the Contractor. The Director of Public Works's decision shall be final, and he shall have authority to enforce and effectuate such decisions and orders as the Contractor fails to carry our promptly. On all work where a private Engineer has furnished the design or been designated Engineer of Work by the owner, his approval of proposed changes, materials, quality of work, manner of performance, rate of progress, and interpretation of plans and specifications shall be sought and obtained in addition to the approvals granted by the Director of Public Works. 10.02 Plans - All authorized alterations which affect the requirements and information given on the approved plans shall be in writing. No changes shall be made to any plan or drawing after it has been ap- proved by the Director of Public Works, except by his written consent. Working drawings or plans for any structure not included in the plans furnished by the Engineer must be approved by the Director of Public Works before any work involving these plans is performed. The approval of any drawing or method of work proposed by the Contractor shall not relieve him of his responsibility for errors therein and shall not be regarded as assumption of risk or liability by the City or officer or employee thereof. The Contractor shall have no claim under the contract due to failure, partial failure, or inefficiency of any plan or method so approved. Such approval shall be construed only to mean that the Director of Public Works has no objection to the Contractor's using, upon his own full responsibility, the plan or method proposed. A complete and up-to-date set of approved plans and specifications shall be kept at the job site at all times work is in progress. 10.03 Suggestions to Contractor - Any plan or method for work suggested by the Director of Public Works 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 respon- sibility of the Contractor. Neither the Director of Public Works nor the City shall assume any re- sponsibility therefore. 10.04 Conformity with Plans and Allowable Deviation - Finished surfaces in all cases shall conform with the lines, grades, cross sections, and dimensions shown on the approved plans. Deviations from the approved plans, as may be required by the exigencies of construction, will be determined, in all cases, by the Director of Public Works. 10.05 Interpretation of Plans and Specifications - If it appears that the work to be done, or any matter relative thereto, is not sufficiently detailed or ex- plained in the specifications and plans, the Contractor shall apply to the Director of Public Works for further explanations as necessary, and shall conform to such explanation or interpretations as part of the contract. In the event of a discrepancy between scaled dimensions and written figures, the figures shall be taken as correct. 10.06 Superintendence - Before initial work is begun, the Contractor and his foreman shall file with the Director of Public Works addresses and telephone numbers where they can be reached during working and non -working hours. The Contractor shall be on the work constantly during its progress or shall be represented by a superintendent or foreman who is competent to receive and carry out any instructions that may be given him by the proper authorities. The Contractor will be held liable for faithful observance of any instructions which may be delivered to him or his representative, on the work or at the addresses or telephone numbers filed as required by the preceding paragraph. 10.07 Character of Workmen - If any subcontractor or person employed by the Contractor fails or refuses to carry out the directions of the Director of Public Works or appears to the Director of Public Works to be incompetent or acts in a disorderly or improper manner, he shall be discharged immediately on de- mand by the Director of Public Works, and such person shall not again be employed on the work. 10.08 Lines and Grades - Lines and grades for the work will be given by the Engineer or Director of Public Works. All distances and measurements are given and will be made in a horizontal plane, unless otherwise provided. Grades are given from top of stakes or nails, or other points set by the Engineer or Director of Public Works. Three consecutive points shown on the same rate of slope must be used together, in order to detect any GENERAL PROVISIONS • I variation from a straight grade. In case any such variation is found, it must be reported to the Engineer or Director of Public Works. If such a variation is not reported the Contractor shall be responsible for any error in the finished work. The Contractor shall give at least 2 working days' notice when he will require the services of the Director of Public Works for laying out any portion of the work. 10.09 Preservation of Stakes - The Contractor shall take every reasonable precaution to preserve survey stakes, used for alignment of grade, to facilitate checking by the Director of Public Works. Stakes unnecessarily disturbed shall be re -set by the Engineer or Director of Public Works at the Contractor's expense or by the owner's Engineer. In case of disputed grades, it shall be assumed that any lost or disturbed stake was set at the proper grade and alignment was properly marked. 10.10 Inspection - The Director of Public Works shall have access to the work at all times during construction, and shall be furnished with every reasonable facility to determine the progress, workmanship, and character of materials used and employed in the work. The Contractor shall give the Director of Public Works notice of the time when he or his subcon- tractor will start the various units or operations of the work, or resume said units or operations when properly suspended. Notice shall be given at least 1 working day in advance of the starting or resumption time. Any work performed by the Contractor or his subcontractors outside the scope of the notice shall be removed if so ordered by the Director of Public Works, or his representative on the work. 10.11 Right of Access to Street - The right is reserved to the City, street, railroads, water, sewer, gas, electric, telephone, T.V. and telegraph companies to enter upon the street for the purpose of making repairs, changes and new installations necessitated by the improvement thereof, or for necessary maintenance. Making of repairs, changes and new installations necessitated by the improvement causing delays to the Contractor shall be approved by the Director of Public Works. The Director of Public Works and Contractor shall agree upon any time delay or monetary damage in writing as a supplemental agreement. 10.12 Placing Portions of Work in Service - If requested by the City, portions of the work, as completed, shall be placed in service. The Contractor shall give proper access to the work for this purpose. Such use and operation shall not constitute an acceptance of the work, and the Contractor shall be liable for defects due to faulty construction until the entire work under the contract is finally accepted. 10.13 Extent of Trench Opened Up - In existing roadways, no more than 152 m of trench shall be open at any given time. An open trench is a trench which has not been completely backfilled, satisfacto- rily compacted, and in paved areas, capped with at least 25 mm (1 -inch) of temporary paving. This requirement may be modified only upon written permission from the Director of Public Works, unless otherwise specified in the Special Provisions. 10.14 Restoration of Injured Property - The Contractor shall restore all injured property, including curbs, gutters, pavements, sidewalks, pipes, conduits, sewers, and other public and/or private property to a condition as good as, or better than, it was when he entered upon the work. 10.15 Monuments - The Contractor shall not disturb any survey monument until the monument rivet, disc, or reference mark therein has been "tied out" by a field survey party of the City. The Contractor shall salvage and deliver to the City, all monument castings removed during the progress of the work. The City will, at its expense, do the necessary surveying and reconstruct all City Survey monuments necessarily disturbed by the Contractor's operations. In the event that the Contractor disturbs any City survey monument before same has been "tied out" by the City or unnecessarilv disturbs any City survey monument during construction operations, the City will reset such monuments at the expense of the Contractor. 10.16 Stop Work Order - Whenever work is proceeding contrary to plans or specifications, or in violation of applicable ordinances or laws, or in such way as to endanger life or property, the Director of Public Works may order the work stopped by notice in writing served on any persons engaged in doing or causing such work to be done, and such persons shall forthwith stop such work until authorized to proceed by the Director of Public Works. 10.17 Final Inspection - Whenever the work provided and contemplated by the contract shall have been completed and the final cleaning up performed, the Director of Public Works will make the final or completion inspection. 11140411". NUMV11MIRM SECTION 11 - CONTROL OF MATERIAL 11.01 Source of Materials - Prior to commencement of any work, the Contractor shall submit to the Director of Public Works, a list of the suppliers or sources of all materials to be incorporated in the work. This list shall be approved by the Director of Public Works before any of the materials are brought to the job site. Notwithstanding any prior inspection or approval, only materials conforming to the requirements of these specifications and the Special Provisions shall be incorporated in the work. The materials furnished and used shall be new, except as may specifically be provided on the plans or in the Special Provisions. The materials shall be manufactured, handled, and used in a workmanlike manner to insure completed work in accordance with the plans and specifications. 11.02 Samples and Tests - Submittal of representative preliminary samples of materials to be used in the work may be required by the Director of Public Works if specified in the special provisions. All tests of materials furnished or work done by the Contractor shall be made, in accordance with the methods in use by the laboratory of Caltrans or by commonly recognized standards of national organiza- tions, and such special methods and tests as are prescribed in these specifications. Whenever a reference is made in the specifications to a test method, it shall mean the test method in effect on the day the City adopted or approved the plans and specifications for the work unless specifically re- ferred to by edition, volume or date. Materials may be tested at any time during the progress of the work, and defective materials will be rejected. 11.03 City Furnished Materials - Materials furnished by the City will be made available at locations designated in the Special Provisions. The cost of handling and placing City furnished materials shall be considered as included in the price paid for the contract item involving such materials. The Contractor will be held responsible for all materials furnished to him, and he shall pay all demurrage and storage charges. City furnished materials lost or damaged by the Contractor shall be replaced by the Contractor. The Contractor will be liable to the City for the cost of replacing City -furnished material and such costs may be back -charged to the Contractor or deducted from any monies due or to become due. 11.04 Storage of Materials - Materials shall be stored in a manner which will insure the preservation of their quality and fitness for the work. When considered necessary by the Director of Public Works, materials shall be placed on platforms or other hard, clean surfaces and covered when directed. Materials shall be stored so as to facilitate inspection. No materials, or other obstructions, shall be placed within 4.6 m (15 feet) of, nor obstruct access to, fire hydrants, nor within 1.5 in (5 feet) of United States mailboxes. 11.05 Defective Materials - All materials which do not conform to the requirements of these specifications shall be considered as defective, and such materials, whether in place or not, shall be rejected and immediately be removed from the site of the work, unless otherwise permitted by the Director of Public Works. No rejected material, the defects of which have been subsequently corrected, shall be used until approved by the Director of Public Works. If the Contractor fails to comply with any order made under the provisions of this article, the Director of Public Works shall have authority to remove and replace the defective material, to charge the Contractor, or to deduct the cost of removal and replacement from any monies due or to become due. 11.06 Trade Names, Alternatives and Substitutions - For convenience in designation on the plans or in the specifications, certain articles or materials to be incorporated in the work may be designated under a trade name or the name of a manufacturer and his catalog information. Such designation shall, in accordance with Govt. Code Section 4380, be deemed followed by the words "or equal." The use of an alternative article or material which is of equal quality and of the required characteristics for the purpose intended will be permitted, subject to the following requirements: A. The burden of proof as to the quality and suitability of alternatives shall be upon the Contractor. He shall furnish all necessary information as required by the Engineer or Director of Public Works. B. The Director of Public Works shall be the sole judge as to the quality and suitability of alternative articles or materials and his decision shall be final. C. Requests for substitution of equivalent ma- terials or articles shall be submitted to the Director of Public Works in writing along with the required supplementary data within 7 days following award of the contract or as specified in the Special Provisions. GENERAL PROVISIONS • 3 11.07 Substitutions - The Contractor shall furnish such information, test data, samples or references requested by the Director of Public Works so that an accurate appraisal of any proposed substitution can be made. Approval of substitutes will be in writing. 11.08 Certificates of Compliance - A Certificate of Compliance shall be furnished prior to the use of any materials for which these specifications or the Special Provisions require that such a certificate be furnished. In addition, when so authorized in these specifications or in the Special Provisions, the Engineer may permit the use of certain materials or assemblies prior to sampling and testing if accompanied by a Certificate of Compliance. The certificate shall be signed by the manufacturer of the material or the manufacturer of assembled materials and shall state that the materials involved comply in all respects with the requirements of the specifications. A Certificate of Compliance shall be furnished with each lot of material delivered to the work and the lot so certified shall be clearly identified in the certificate. All materials used on the basis of a Certificate of Compliance may be sampled and tested at any time. The fact that material is used on the basis of a Certificate of Compliance shall not relieve the Contractor of responsibility for incorporating material in the work which conforms to the requirements of the plans and specifications and any such material not conforming to such requirements will be subject to rejection whether in place or not. The City reserves the right to refuse to permit the use of material on the basis of a Certificate of Compliance. The form of the Certificate of Compliance and its disposition shall be as directed by the Engineer. SECTION 12 - RESPONSIBILITIES TO THE PUBLIC 12.01 Laws to be Observed - The Contractor shall keep himself fully informed of all State and Federal laws and County and Municipal ordinances and reg- ulations which, in any manner, affect those engaged or employed in the work, the materials used in the work, the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. He shall at all times observe and comply with, and shall cause all his agents and employees to observe and comply with all such existing and future laws, ordinances, regulations, orders, and decrees of bodies or tribunals having any jurisdiction or authority over the work; and shall protect and indemnify the City, and all officers and employees thereof connected with the work, including but not limited to the Director of Public Works against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by himself or his 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, regulation, order or decree the Contractor shall forthwith report the same to the Director of Public Works. A) General Prevailing Wage Rates Reference is made to the list of General Prevailing Wage Rates set forth by the Director of Industrial Relations, State of California, pursuant to the California Labor Code. Copies of said Wage Rates are on file in the Public Works Department of the City of San Rafael, City Hall, Room 300, San Rafael, California, and are available to any interested party upon request. Contractor shall post a copy of the General Prevailing Wage Rates, which are a part of this Contract, on each job site as required by the California Labor Code. Certified copies of Contractor's payroll shall be provided owner upon request. B) Fair Employment Practices Provisions In connection with the performance of work under this contract, the Contractor agrees as follows: (I) The Contractor will not willfully discriminate against any employee or applicant for employment because of race, color, religion, ancestry, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, ancestry, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the awarding authority setting GENERAL PROVISIONS • 4 forth the provisions of this Fair Employment Practices section. (2) The Contractor will send to each labor union or representative of workers with which lie has a collective bargaining agreement or other contract or understanding, a notice, to be provided by the awarding authority, advising the said labor union or workers' representative of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (3) The Contractor will permit access to his records of employment, employment advertisements, application forms, and other pertinent data and records by the Fair Employment Practices Commission, the awarding authority or any other appropriate agency of the State of California designated by the awarding authority, for the purposes of investigation to ascertain compliance with the Fair Employment Practices section of this contract. (4) Finding of willful violation of the Fair Employment Practices section of this contract or of the Fair Employment Practices Act shall be regarded by the awarding authority as a basis for determining the Contractor to be not a "responsible bidder" as to future contracts for which such Contractor may submit bids, for revoking the Contractor's prequalification rating, if any, and for refusing to establish, re-establish or renew a prequalification rating for the Contractor. The awarding authority shall deem a finding of willful violation of the Fair Employment Practices Act to have occurred upon receipt of written notice from the Fair Employment Practices Commission that it has investigated and determined that the Contractor has violated the Fair Employment Practices' Act and has issued an order under Labor Code Section 1426 or obtained an injunction under Labor Code Section 1429. Upon receipt of such written notice from the Fair Employment Practices Commission, the awarding authority shall notify the Contractor that unless he demonstrates to the satisfaction of the awarding authority within a stated period that the violation has been corrected, his prequalification rating will be revoked at the expiration of such period. (5) The Contractor agrees that should the awarding authority determine that the Contractor has not complied with the Fair Employment Practices section of this contract, then pursuant to Labor Code Sections 1735 and 1775, the Contractor shall, as a penalty to the awarding authority, forfeit, for each calendar day, or portion thereof, $_ for each person who was denied employment as a result of such non-compliance, the penalties provided in the Labor Code for violation of prevailing wage rates. Such monies may be recovered from the Contractor. The awarding authority may deduct any such damages from any monies due the Contractor. (6) Nothing contained in this Fair Employment Practices section shall be construed in any manner or fashion so as to prevent the awarding authority from pursuing any other remedies that may be available at law. Nothing contained in this Fair Employment Practices section shall be construed in any manner or fashion so as to require or permit the hiring of aliens on public works, as prohibited by the provisions of Section 1850 of the California Labor Code, or an employee not permitted by the National Labor Relations Act. (7) Prior to the award of the contract, the Contractor shall certify to the awarding authority that he has or will meet the following standards for affirmative compliance, which shall be evaluated in each case by the awarding authority: (a) The Contractor shall provide evidence, as required by the awarding authority, that he has notified all supervisors, foremen and other personnel officers in writing of the content of the anti -discrimination clause and their responsibilities under it. (b) The Contractor shall provide evidence, as required by the awarding authority, that he has notified all sources of employee referrals (including unions, employment agencies, advertisements, Department of Employment) of the content of the anti- discrimination clause. (c) The Contractor shall file a basic compliance report, as required by the awarding authority. Willfully false GENERAL PROVISIONS • 5 statements made in such reports shall be punishable as provided by law. The compliance report shall also spell out the sources of the work force and who has the responsibility for determining whom to hire, or whether or not to hire. (d) Personally, or through his representatives, the Contractor shall, through negotiations with the unions with whom he has agreements, attempt to develop an agreement which will: • Spell out responsibilities for non- discrimination in hiring, referral, upgrading and training. • Otherwise implement an affirmative anti -discrimination program in terms of the unions' specific areas of skill and geography, to the end that qualified minority workers will be available and given an equal opportunity for employment. • The Contractor shall notify the contracting agency of opposition to the anti -discrimination clause by individuals, firms or organizations during the period of its prequalification. (8)The Contractor will include the provisions of the foregoing paragraphs I through 7 in every first tier subcontract so that such provisions will be binding upon each such subcontractor. (9) The form of certificate required herein is illustrated on the page immediately following the signature page of the proposal. This certification must be executed prior to award of the contract or, for convenience, may be executed on the form provided at the time of submitting the proposal. 12.02 Vehicle Code - Pursuant to the authority contained in Vehicle Code Section 591, the City has determined that within such areas as are within the limits of the project and are open to public traffic, the following requirements of the Vehicle Code will apply. The lighting requirements in Section 25803; the brake requirements in Chapter 3, Division 12; the splash apron requirements in Section 27600; and, when operated on completed or existing treated base, surfacing, pavement or structures except as otherwise provided in Section 12.05 Weight Limitations, the weight limitation requirements contained in Division 15. Attention is directed to the statement in said Section 591 that this section shall not relieve him or any person from the duty of exercising due care. The Contractor shall take all necessary precautions for safe operation of his equipment and the protection of the public from injury and damage from such equipment. Any other requirements set forth in Division 11, 12, 13, 14 and 15 of the Vehicle Code which the City, pursuant to the Authority contained in Vehicle Code Section 591, will require compliance with, will be set forth in Special Provisions. 12.03 Air Pollution - The Contractor's attention is directed to Regulations of the Bay Area Air Pollution Control District regarding disposal of debris or other materials, not used in the work including any air pol- lution control rules, regulations, ordinances and status, specified in Section 1 1017 of the Government Code. 12.04 Storm Water Pollution Prevention — The intent of these provisions is to enforce federal, state, and other local agencies regulations designed to eliminate storm water pollution. Storm drains discharge directly to creeks and the Bay without treatment. Storm water pollution due to construction operations shall be controlled by keeping pollution out of storm drain systems, reducing the exposure and discharge of materials and wastes to storm water, and by reducing erosion and sedimentation. In this section, the term "storm drain system" shall refer to any storm water conduits, storm drain inlets and other storm drain structures, street gutters, channels, watercourses, creeks, lakes and the San Francisco Bay. A) Material Storage. In addition to the provisions specified in section 11.04, the Contractor shall comply with the following practices for materials storage: The Contractor shall propose designated areas of the project site, for approval by the Engineer, suitable for material delivery, storage, and waste collection that, to the maximum extent practicable, are near construction entrances and at least 10' away from catch basins, gutters, drainage courses, and creeks. During wet weather or when rain is forecast within 72 hours, the Contractor shall store materials that can contaminate rainwater or be transported by storm water or other runoff to the GENERAL PROVISIONS • 6 storm drain system inside a building or cover them with a tarp or other waterproof material secured in a manner that would prevent any of the materials from contacting the rainwater. The storage and disposal of all hazardous materials such as paints, thinners, solvents, and fuels; and all hazardous wastes such as waste oil, must meet all federal, state, and local standards and requirements. B) Street Sweeping. At the end of each working day or as directed by the Engineer, the Contractor shall clean and sweep roadways and on-site paved areas of all materials attributed to or involved in the work. The Contractor shall not use water to flush down streets in place of street sweeping. C) Hazardous/Waste Management. The storage and disposal of all hazardous materials, such as pesticides, paints, thinners, solvents, and fuels; and all hazardous wastes, such as waste oil and antifreeze; shall comply with all federal, state, and local standards and requirements. When rain is forecast within 72 hours or during wet weather, the Engineer may prevent the Contractor from applying chemicals in the outside areas. D) Spill Prevention and Control. The Contractor shall take any and all precautions to prevent accidental spills during the work under this contract. The Contractor shall keep a stockpile of spill cleanup materials such as rags or absorbents, readily accessible on-site. In the event of a spill, the Contractor shall immediately contain and prevent leaks and spills from entering the storm drain system, and properly clean up and dispose of the waste and clean up materials. If the waste is hazardous, the Contractor shall comply with all federal, state and local hazardous waste requirements. The Contractor shall not wash any spilled material into the streets, gutters, storm drains, or creeks. E) De -watering Operations. All groundwater removed from the trench must be de -silted prior to discharging it into the storm drain system through filtering materials methods meeting the Association of Bay Area Governments (BAG) Standards For Erosion & Sediment Control Measures and/or through methods and procedures described in the California Storm Water Best Management Practice Handbook - Construction Activity (latest edition). The Contractor shall reuse the water for other needs, such as dust control and irrigation, to the maximum extent practicable. The rinse water shall be permitted to infiltrate in dirt area or shall be discharged to the sanitary sewer. F) Pavement Saw -cutting Operations. The Contractor shall prevent any saw -cutting debris from entering the storm drain system. The Contractor, preferably, shall use dry cutting techniques and sweep up residue. If wet methods are used, the Contractor shall vacuum slurry as cutting proceeds or collect all waste water by constructing a sandbag sediment barrier. The beamed area shall be of adequate size to collect all waste water and solids. The Contractor shall allow collected water to evaporate if the waste water volume is minimal and if maintaining the ponding area does not interfere with public use of the street area or create a safety hazard. If approved by the Engineer, the Contractor may direct or pump saw -cutting waste water to a dirt area and allow to infiltrate. The dirt area shall be adequate to contain all the waste water. After waste water has infiltrated, all remaining sawcutting residue must be removed and disposed of properly. With the approval of the Engineer, de -silted water may be pumped to the sanitary sewer to assist in the evaporation or infiltration process. Remaining silt and debris from the ponding or bermed area shall be removed or vacuumed and disposed of properly. If a suitable dirt area is not available or discharge to the sanitary sewer is not feasible, with the approval of the Engineer, the Contractor shall filter the saw - cutting waste water through filtering materials and methods meeting ABAG Standards for Erosion and Sedimentation Control Measures (latest edition) before discharging to the storm drain. G) Pavement Operations. The Contractor shall prevent the discharge of pollutants from paving operations by using measures to prevent run-on and runoff pollution, properly disposing of wastes, and by implementing the following practices: No paving during wet weather. Proper Material Storage (refer to previous section). Cover inlets and manholes when applying asphalt, seal coat, tack coat, slurry seal, or fog seal. Place drip pans or absorbent materials under paving equipment when not in use. During wet weather, store contaminated paving equipment GENERAL PROVISIONS • 7 indoors or covers with tarp or other waterproof covering. If paving involves Portland cement concrete, refer to (next section) H) Concrete Operations. The Contractor shall prevent the discharge of pollutants from concrete operations by properly disposing of wastes, and by implementing the following practices: Store all materials in waterproof containers or under cover away from drain inlets or drainage areas. Avoid mixing excess amounts of portland cement material. Do not wash out concrete trucks into storm drains, open ditches, streets, streams etc. Whenever possible, perform washout of concrete trucks off site where discharge is controlled and not permitted to discharge into the storm drain system. For onsite washout, locate washout area at least 15 in from storm drains, open ditches or other water bodies, preferably in a dirt area. Control runoff from this area by constructing a temporary pit or bermed area large enough for the liquid and solid waste. Wash out concrete wastes into the temporary pit where the concrete can set, be broken up and then disposed of properly. If the volume of water is greater than what will allow concrete to set, allow the wash water to infiltrate and/or evaporate, if possible. Otherwise, allow water to settle, filter it and then pump to the sanitary sewer with approval of the Engineer. Remove or vacuum the remaining silt and debris from the pond or bermed area and dispose of it properly. Dispose of waste water from washing of exposed aggregate to dirt area. The dirt area shall be adequate to contain all the waste water and once the waste water has infiltrated, any remaining residue must be removed. If a suitable dirt area is not available, then the Contractor shall filter the wash water through straw bales or other filtering materials meeting ABAG Standards For Erosion and Sediment Control Measures before discharging to the sanitary sewer with approval from the Engineer. Collect and return sweepings from exposed aggregate concrete to a stockpile or dispose of the waste in trash container. 1) Grading and Excavation Operations. The Contractor shall implement sedimentation and erosion control measures to prevent sediments or excavated material from entering the storm drain system. The erosion and sedimentation control materials and methods shall be in accordance with ABAG Standards for Erosion and Sediment Control Measures and/or the procedures and methods described in the California Storm Water Best Management Practice Handbook - Construction Activity (latest edition). .) Vehicle/Equipment Cleaning. The Contractor shall not perform vehicle or equipment cleaning on site or in the street using soaps, solvents, degreasers, steam cleaning equipment, or equivalent methods. The Contractor shall perform vehicle or equipment cleaning, with water only, in a designated, bermed area that will not allow rinse water to run off-site or into the storm drain system. The Contractor shall dispose of wash water from the cleaning of water base paint equipment and tools to the sanitary sewer. If using oil based paint, to the maximum extent practicable, the Contractor shall filter the paint thinner and solvents for reuse and dispose of the waste thinner and solvent, and sludge from cleaning of equipment and tools as hazardous waste. K) Vehicle/Equipment Maintenance and Fueling. The Contractor shall perform maintenance and fueling of vehicles or equipment in a designated, bermed area or over a drip pan that will not allow run-on of storm water or runoff of spills. The Contractor shall use secondary containment, such as a drip pan, to catch leaks or spills any time that vehicle or equipment fluids are dispensed, changed, or poured. The Contractor shall clean up leaks and spills of vehicle or equipment fluids immediately and dispose of the waste and cleanup materials as hazardous waste. The Contractor shall inspect vehicles and equipment arriving on-site for leaking fluids and shall promptly repair leaking vehicles and equipment. Drip pans shall be used to catch leaks until repairs are made. The Contractor shall recycle waste oil and antifreeze, to the maximum extent practicable. The Contractor shall comply with Federal, State and other local agencies for aboveground storage tanks. L) Contractor Training and Awareness. The Contractor shall train all employees/subcontractors on the water pollution prevention requirements contained in these GENERAL PROVISIONS . 8 provisions. The Contractor shall inform all subcontractors of the water pollution prevention contract requirements and include appropriate subcontract provisions to ensure that these requirements are met. The Contractor shall paint new catch basins, constructed as part of the project, with "No Dumping Drains To The Bay". The Contractor shall conform to the requirements of Chapter 9.30 of the Municipal Code which regulates urban run-off pollution. Full compensation for conforming to the provisions herein specified shall be considered as included in the prices paid for the contract items of work involved in compliance with said provisions and no additional compensation will be allowed therefor unless specified as part of a contract item for implementation of a Storm Water Pollution Prevention Plan (SWPPP). 12.05 Weight Limitations - Unless expressly permitted in the Special Provisions, construction equipment or vehicles of any kind which, laden or unladen, exceed the maximum weight limitations set forth in Division 15 of the Vehicle Code, shall not be operated over completed or existing treated base, surfacing, pavement or structures in any areas within the limits of the project, whether or not such area is subject to weight limitations under Section 12.02, "Vehicle Code," except as hereinafter provided in this section 12.05. Within the limits of the project, subject to the control of the Director of Public Works, provided that the Contractor, at his expense, provides such protective measures as are deemed necessary by the Director of Public Works and repairs any damage caused by such operations, the Contractor will be permitted to: A. Make transverse crossings of portions of an existing public road or street which are within the highway right-of-way, with con- struction equipment which exceeds the size or weight limitations set forth in Division 15 of the Vehicle Code. B. Make transverse crossings of treated bases, surfacing or pavement, which are under construction or have been completed, with construction equipment which exceeds the size or weight limitations set forth in Division 15 of the Vehicle Code. C. Cross bridge structures that are not open to public traffic, designed for H2O and alternative live loading (culverts and pipes excluded), with construction equipment which exceeds the size of weight limitations set forth in Division 15 of the Vehicle Code. 12.06 Permits and Licenses - The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incident to the due and lawful prosecution of the work. A City Business License must be obtained. 12.07 Safety Provisions - The Contractor shall conform to the safety rules and regulations established by the California Division of Industrial Safety and OSHA. 12.08 Use of Explosives - When the use of explosives is necessary for the prosecution of the work, the Contractor shall not endanger life or property. Only competent reliable men, working under experienced supervision shall be permitted to use explosives. In advance of any blasting work, the Contractor shall obtain all necessary permits and clearances and shall comply with all Federal, State and local laws regulating the use of explosives. Any requirements imposed by ordinance or permit to the contrary notwithstanding, the Contractor shall blast only between the hours of 8:00 a.m. and 5:00 p.m. Blasting at any other time, or on Sundays and holidays is specifically prohibited. 12.09 Preservation of Property - Due care shall be exercised to avoid injury to existing highway improvements or facilities, utility facilities, adjacent property, and roadside trees, shrubs, and other plants that are not to be removed. Roadside trees, shrubs, and other plants that are not to be removed, and pole lines, fences, signs, markers and monuments, buildings and structures, under or above ground, all highway facilities, and any other improvements or facilities within or adjacent to the highway shall be protected from injury or damage. If ordered by the Director of Public Works, the Contractor shall provide and install suitable safeguards, approved by the Director of Public Works, to protect such objects from injury or damage. If such objects are injured or damaged by the Contractor's operations, they shall be replaced or restored at the Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Contractor entered upon the work, or as good as required by specifications accompanying the contract, if any such objects are a part of the work be- ing performed under the contract. The Director of GENERAL PROVISIONS • 9 Public Works may make or cause to be made temporary repairs required to restore any damaged highway facility to service. The cost of such repairs shall be borne by the Contractor and may be deducted from any monies due or to become due to the Contractor under the contract. See Section 13 for underground utilities, sewer, water and storm conduits. Full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in protecting or repairing property as specified in this Section 12.09, shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor. 12.10 Responsibility for Damage - The City and all officers and employees thereof connected with the work shall not be answerable or accountable in any manner: for any loss or damage that may happen to the work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the work; for injury to or death of any person either workmen or the public; or for damage to property from any cause which might have been prevented by the Contractor, or his workmen, or anyone employed by him. The Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property resulting from defects or obstructions or from any cause whatsoever during the progress of the work or at any time before its completion and final acceptance. The Contractor shall indemnify and save harmless the City and all officers and employees thereof connected with the work: 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 or damage to property resulting from the construction of the work or by or in consequence of any negligency in guarding the work; use of improper materials in construction of the work; or by or on account of any act or omission by the Contractor or his agents during the progress of the work or at any time before its completion and final acceptance. In addition to any remedy authorized by law, so much of the money due the Contractor under and by virtue of the contract as shall be considered necessary by the Director of Public Works may be retained by the City until disposition has been made of such suits or claims for damages as aforesaid. The Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person or damage to property and shall indemnify and save harmless any county, city or district, its officers and employees connected with the work, within the limits of which county, city or district the work is being performed hereunder, all in the same manner and to the same extent as provided above for the protection of the City and all officers and em- ployees thereof connected with the work, except that no retention of money due the Contractor under and by virtue of the contract will be made by the City pending disposition of suits or claims for damages brought against a county, city, or district other than the City. 12.11 Disposal of Material Outside the Right -of - Way - The Contractor shall make his own arrangements of disposing of material outside the right-of-way and he shall pay all costs involved. When any material is to be disposed of outside the right-of-way, the Contractor shall first obtain a written permit from the property owner on whose property the disposal is to be made and file a copy with the Director of Public Works together with a written release from the property owner absolving the City from any and all responsibility in connection with the disposal of material on said property. Before any material is disposed of on said property, the Contractor shall also obtain permission from the Director of Public Works to dispose of the material at the location designated. When the disposal location is visible from any street, highway, or other public area, the Contractor shall dispose of the material in a neat and uniform manner to the satisfaction of the Engineer or Director of Public Works. Disposal of hazardous waste material shall be made per State requirements. Methods of removal, equipment and location of disposal must be approved by the Director of Public Works. Any additional cost not included in the bid must be approved by the Director of Public Works in writing before the work is started. 12.12 Public Safety - Whenever the Contractor's operations affect normal conditions for traffic, or for the public, he shall furnish, erect, and maintain, at his expense, all fences, barricades, lights, signs and other devices necessary to prevent accidents or damage or injury to the public. Construction area signs shall be furnished, installed, maintained and removed when no longer required in accordance with the provisions in Section 12-3.01 through 12-3.11 of the State GENERAL PROVISIONS • 10 Specifications and any requirements of the Special Provisions. The Contractor shall also furnish, at his own expense, flaggers and guards necessary to give adequate warning to traffic or to the public of the construction conditions. Flaggers and guards, assigned to warn the public that the highway is under construction and of any dangerous conditions to be encountered as a result thereof, shall perform their duties, and shall be provided with necessary equipment, in accordance with the current Caltrans publication "Instructions to Flaggers." The equipment shall be furnished and kept clean and in good repair by the Contractor at his expense. Signs, lights, flags and other warning and safety devices shall conform to the requirements set forth in the current Caltrans "Manual of Traffic Controls for Construction and Maintenance Work Zones," and any signs furnished and erected by the Contractor at his expense, as above provided, shall be in addition to such signs as are furnished by the City as provided in the Special Provisions. Signs shall not obscure the visibility of, nor conflict in intent and meaning with, City -furnished signs and the size and wording shall be approved by the Director of Public Works. The Contractor shall place "Men Working" (W-21-1) signs at the limits of work when working on city streets for any and all phases of this contract. The Contractor shall place "Road Construction Ahead" (C-18) signs and "End Construction" (C-13) signs at the limits of work for any and all phases of the contract. During periods of work in the roadway, the Contractor shall post and maintain signs necessary for police radar enforcement of 25 mph construction zone pursuant to Section 22362 of the California Vehicle Code. Should the Contractor appear to be negligent in furnishing warning and protective measures, the Director of Public Works may direct his attention to such conditions. The necessary warning and protective measures shall thereupon be furnished and installed by the Contractor at his expense. No such action by the Director of Public Works shall relieve the Contractor from the primary responsibility for public safety or abrogate his obligation to furnish and pay for these devices. The installation of general roadway illumination shall not relieve the Contractor of his responsibility for furnishing and maintaining any of the protective facilities hereinbefore specified. No material or equipment shall be stored 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 that portion of the roadway open for use by public traffic. Except as otherwise provided in the Special Provisions, full compensation for conforming to all of the provisions in this Section 12.12 and in the Special Provisions shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor. Where any items or facilities required under the provisions of this Section are not provided or are out of service, and an emergency exists that necessitates protective measures, the Director of Public Works, or his representative, may provide such facilities during the emergency, and the cost thereof shall be paid by the Contractor, or deducted from monies due him on his contract. The Director of Public Works or his representative, before taking emergency action, shall endeavor to notify the Contractor or his foreman of the conditions, and to allow the Contractor to correct them with his own crew, provided he acts promptly and expeditiously. 12.13 Public Convenience - The Contractor shall conduct his operations in a manner which will result in the least possible obstruction and inconvenience to the public. He shall undertake no greater length or amount of work than he can prosecute properly with due regard to the rights of the public. Unless otherwise provided in the Special Provisions, all public traffic shall be permitted to pass through the work with as little inconvenience and delay as possible. Spillage resulting from hauling operations along or across any public traveled way shall be removed immediately by the Contractor at his expense. Existing traffic signal and highway lighting systems shall be kept in operation for the benefit of the traveling public during progress of the work and other forces will continue routine maintenance of existing systems. Construction operations shall be conducted in a manner which will cause as little inconvenience as possible to abutting property owners. Convenient access to driveways, house, and buildings along the line of the work shall be maintained. Temporary approaches to crossings or intersecting GENERAL PROVISIONS • I I streets shall be provided and kept in good condition. When the abutting property owner's access across the right-of-way line is to be eliminated, or to be replaced under the contract by other access facilities, the existing access shall not be closed until the replacement access facilities are usable. Roadway excavation and the construction of embankments shall be conducted in a manner which will provide a reasonably smooth and even surface satisfactory for use by public traffic, at all times. Sufficient fill at culverts and bridges to permit traffic to cross shall be placed in advance of other grading operations. If ordered by the Engineer or Director of Public Works, roadway cuts shall be excavated in lifts and embankments shall be constructed part width at a time, construction being alternated from one side to the other and traffic routed over the side opposite the one under construction. Culvert installation or culvert construction shall be conducted on one-half the width of the traveled way at a time. That portion of the traveled way being used by public traffic shall be kept open and unobstructed until the opposite side of the traveled way is ready for use by traffic. Upon completion of rough grading at the grading plane, or placing any subsequent layer thereon, the surface of the roadbed shall be brought to a smooth, even condition, free of humps and depressions, satis- factory for the use of public traffic. After subgrade preparation for a specified layer of material has been completed,the Contractor shall, at his expense, repair any damage to the roadbed or completed subgrade, including damage caused by his operations or by use by public traffic. While subgrade and paving operations are under way, public traffic shall be permitted to use the shoulders and, if half -width paving methods are used, shall also be permitted to use the side of the roadbed opposite the one under construction. When sufficient width is available, a passageway wide enough to accommodate at least 2 lanes of traffic shall be kept open at all times at locations where subgrade and paving operations are in active progress. Water or dust palliative shall be applied, if ordered by the Director of Public Works, for the alleviation or prevention of dust nuisance as provided in Section 14, "Dust Control." In order to expedite the passage of public traffic through or around the work, and where ordered by the Director of Public Works, the Contractor shall install signs, lights, flares, barricades, and other facilities for the convenience and direction of public traffic. Also, where directed by the Director of Public Works, the Contractor shall furnish competent naggers whose sole duties shall consist of directing the movement of public traffic through or around the work. The cost of furnishing and installing such signs and flaggers shall be considered as included in the prices paid for the various contract items of work and no additional compensation shall be allowed therefor unless specified otherwise in the Special Provisions. 12.14 Maintenance of Traffic - Three days prior to start of work, the Contractor shall furnish the Engineer with a schedule of operations. During the contract period, the Contractor shall coordinate his activities daily with the Engineer and make every effort to minimize the disruption of normal traffic and parking. Normal movement of traffic shall be maintained at all times during project construction. The Contractor shall be responsible for placing "No Parking" barricades and signs 72 hours prior to roadway excavation, placement of asphalt concrete, concrete work or any work requiring such traffic control. At least one-way traffic shall be maintained on all streets within the limits of work during normal working hours. During periods other than normal working hours, all street lanes shall be free of ob- structions and hazards, and shall be made available for use by traffic. In those areas designated in the plans, specifications, or permits as "Limit Operations Area," all normal street lanes shall be free of obstructions and hazards and shall be made available for use by traffic at all times, except between the hours specifically allowed by the Director of Public Works, or as stated in the Special Provisions. Should the Contractor fail to provide for public safety as specified, or if in the opinion of the Engineer, the signs and warning devices furnished by the Contractor are not adequate, the City may place any signs, warning lights or barricades to protect or warn the public of any condition connected with the Contractor's operations and the Contractor shall become liable to the City at the rate of 1.75 times the City's actual costs. The City will be entitled to assess such charges against the Contract and deduct the cost thereof from any money due or that may become due to the Contractor under this contract. The action of the City in placing any warning devices shall not be construed as relieving the Contractor from any of the Contractor's obligations to provide adequate warning of construction conditions. GENERAL PROVISIONS • 12 Pedestrian Traffic - The Contractor shall provide for the safe and convenient passage of pedestrian traffic throughout the limits of the job site. 12.15 Street Closures and Detours - No street shall be completely closed to through traffic at any time unless permitted in writing by the Director of Public Works. The Director of Public Works may require that detours be set up when streets are closed or partially closed. All detour routes and their signing shall be approved by the Director of Public Works before they are set up. The Contractor shall notify police and fire departments, the School District, and ambulance services of the hours and dates of the street closures and detour routes at least 24 hours in advance of their occurrence, and immediately upon their discontinu- ance. 12.16 Haul Routes - The Director of Public Works may require the Contractor to use only roads designated by him as haul routes for passage of heavy vehicles carrying materials or supplies to or from the job. Special haul routes will be as set forth in the Special Provisions. SECTION 13 - UNDERGROUND OBSTRUCTIONS 13.01 Existing Utilities Shown on Plans - Utility locations and depth shown on the plans were supplied by the respective utility companies and are approximate. Every effort has been made to assure their accuracy and completeness but no guarantee is implied. The Contractor shall excavate all possibly conflicting underground facilities before commencement of work which may affect their safety. The Contractor shall make his own arrangements for the utility companies to have their facilities marked in the field. Use of USA is recommended. 13.02 Notification of Utilities - The Contractor shall notify each utility company 2 working days in advance of commencing each phase of the work which may endanger any utility, in order that the util- ity companies may do such work as is required to maintain uninterrupted service. 13.03 Damage to Utilities and Sewers - The work shall be prosecuted in a manner which will protect and avoid doing damage to all utility mains, services, and appurtenances, and sewers. If damage occurs, the Contractor shall notify the owner immediately. Storm drains and sanitary sewers will be repaired by the owner, or the Contractor will be directed to make the necessary repairs. All other utility repairs will be made by the utility owner or his Contractor. All repairs will be made to the satisfaction of the owner. On City projects, if damage was absolutelv unavoidable, the repairs will be made by the owner at no expense to the Contractor, or by the Contractor and compensated for as extra work. Avoidable damage will be repaired at the expense of the Contractor. 13.04 Utility Relocation - On City projects where utility mains and services conflict with the proposed improvements the City will have such conflicting utilities relocated at no expense to the Contractor, or pay the Contractor to make such relocations in accordance with any contract prices. Attention is directed to the possible existence of underground facilities not known to the City or in a location different from that which is indicated on the plans or in the Special Provisions. The Contractor shall take reasonable steps to ascertain the exact location of all underground facilities prior to doing work that may damage such facilities or interfere with their service. If the Contractor discovers underground facilities not indicated on the plans or in the Special Provisions, he shall immediately give the Director of Public Works written notification of the existence of such facilities. Such facilities shall be protected from damage as directed by the Director of Public Works, and the Contractor will be paid for such work as extra work, as provided in Section 9- 1.03 through 9-1.03D of the State Specifications. If the Contractor desires to have any utility or other improvement moved for his convenience in order to facilitate his construction operation, and should such a move not be necessitated by a conflict in line or grade, he shall make whatever arrangements are necessary with the owners of such utility or improvement and bear all necessary expenses. No extension of time will be permitted for this type of relocation. Adjustments to grade of monument covers, storm or sanitary sewer manholes, castings, cleanouts or other access opening castings made necessary by changing street or grade of ground in the course of work done on City projects shall be performed by the Contractor at no expense to the City or Sanitary District. The cost of such work shall be included in other items of work and no extra compensation will be allowed therefor unless specified in the Special Provisions. All such work shall be done in a manner satisfactory to the owner of the affected facility. GENERAL PROVISIONS • 13 13.05 Tree Roots - No tree root shall be unnecessarily cut in trenching operations. Excavation around roots shall be performed by hand. Where a root conflicts with the grade of the conduit being installed, the root shall be trimmed neat at the edge of the excavation or trench, and shall be painted with an approved tree seal, as directed by the Engineer or Director of Public Works. SECTION 14 - DUST CONTROL The Contractor shall conduct his operations in a manner which will protect adjacent property from annoyance or damage from dust caused by his operations. When necessary, he shall take steps to control dust by the application of water, dust pal- liative, salt or other suitable means. The Contractor shall be responsible for dust control during both working and non -working hours. On City projects, no separate payment shall be made for dust control, and its cost shall be included in the prices paid for contract items. When extreme conditions exist which make it impossible to control the dust, the Contractor shall cease grading operations until conditions improve. If Contractor fails to comply with the above requirements, the Director of Public Works may order the work to be stopped under the provisions of Section 10, and may take whatever action is necessary to reduce the dust problem; the cost thereof shall be paid by the Contractor. SECTION 15— WATER The Contractor shall be responsible for developing water supply and furnishing all water required for the work, including water used in the performance of work paid for as extra work, and applying all water. SECTION 16 - REFERENCE TO STATE SPECIFICATIONS All work shall be performed in conformance with the Special Provisions, these specifications and the stated sections of the latest edition of the Standard Specifications of the State of California, Department of Transportation (Caltrans), at the time of approval of plans by City. Said stated sections will be designated in these specifications and/or the Special Provisions of the State Specifications. GENERAL PROVISIONS • 14 SPECIAL PROVISIONS SPECIAL PROVISIONS • INDEX SPECIAL PROVISIONS TABLE OF CONTENTS 17-1 GENERAL............................................................................................................................1 17-1.01 ORDER OF WORK.................................................................................................................................1 17-1.02 OBSTRUCTIONS....................................................................................................................................2 17-1.03 EXISTING ROADWAY FACILITIES...................................................................................................2 17-1.04 WATER POLLUTION CONTROL AND DEWATERING...................................................................3 17-1.05 SUBMITTALS.........................................................................................................................................3 17-1.06 WORK INCLUDED UNDER PAY ITEMS............................................................................................4 17-1.07 MEASUREMENT AND PAYMENT......................................................................................................4 17-2 MOBILIZATION............................................................................................................................5 17-2.01 GENERAL...............................................................................................................................................5 17-2.02 MEASUREMENT AND PAYMENT......................................................................................................5 17-3 SIGNS AND TRAFFIC CONTROL....................................................................................................6 17-3.01 GENERAL...............................................................................................................................................6 GENERAL.............................................................................................................................................14 17-3.02 PUBLIC ACCESSIBILITY.....................................................................................................................6 CLEARING & GRUBBING..................................................................................................................14 17-3.03 NO PARKING SIGNS.............................................................................................................................8 GENERAL......................................................................................................................................14 17-3.04 CONSTRUCTION AREA SIGNS...........................................................................................................9 CONCRETE REMOVAL...............................................................................................................15 17-3.05 PUBLIC CONVENIENCE AND SAFETY...........................................................................................10 EXCAVATION..............................................................................................................................15 17-3.06 CONTRACTOR'S RESPONSIBILITY FOR WORK...........................................................................10 MISCELLANEOUS REMOVAL/WORK .....................................................................................16 17-3.07 MEASUREMENT AND PAYMENT....................................................................................................11 DAILY SUBMITTAL...........................................................................................................................16 17-4 CONSTRUCTION STAKING...........................................................................................................12 MEASUREMENT AND PAYMENT....................................................................................................16 17-4.01 GENERAL.............................................................................................................................................12 17-4.02 MEASUREMENT AND PAYMENT....................................................................................................12 17-5 AGGREGATE BASE..........................................................................................................................13 17-5.01 GENERAL.............................................................................................................................................13 17-5.02 DAILY SUBMITTAL...........................................................................................................................13 17-5.03 MEASUREMENT AND PAYMENT....................................................................................................13 17-6 MINOR CONCRETE - DRAINAGE CHANNEL LINING............................................................14 17-6.01 GENERAL.............................................................................................................................................14 17-6.02 CLEARING & GRUBBING..................................................................................................................14 17-6.02.01 GENERAL......................................................................................................................................14 17-6.02.02 CONCRETE REMOVAL...............................................................................................................15 17-6.02.03 EXCAVATION..............................................................................................................................15 17-6.02.04 MISCELLANEOUS REMOVAL/WORK .....................................................................................16 17-6.03 DAILY SUBMITTAL...........................................................................................................................16 17-6.04 MEASUREMENT AND PAYMENT....................................................................................................16 SPECIAL PROVISIONS • INDEX 17-1 GENERAL The City of San Rafael intends to award the construction contract for this project while concurrently seeking to obtain any required regulatory permits. The City will not issue a Notice to Proceed (NTP) with construction until all environmental regulatory agencies have issued their respective permits, if they are necessary. The Contractor shall hold all unit costs of work involved for a period of twelve months from the time of contract award by the City Council should the project be delayed due to the City's lack of permits to construct the improvements as soon as reasonably possible. The work associated with this contract will not be permitted to be conducted within the wet season (October 15th). The City anticipates issuing the Notice to Proceed with construction no later than September 14, 2017. All construction shall be in accordance with the 2015 California State Standard Plans and Specifications, and most recent editions of the Marin County Uniform Construction Standards, and the City of San Rafael codes and ordinances. Hours of work shall be between 8:00 A.M. to 5:00 P.M on weekdays, except as directed by the Engineer and these Special Provisions. The Contractor shall not perform any work, including warming up and servicing equipment, receiving deliveries, and other related work prior to 8:00 A.M. Work on weekends is not allowed. No work shall occur on holidays. Lane closures shall only be permitted between 8:00 A.M. and 5:00 P.M. No lanes shall be closed outside of these hours without prior written approval from the Engineer. 17-1.01 ORDER OF WORK Order of work shall conform to these Special Provisions. The first order of work shall be to prepare and submit a work plan, progress schedule for all items of work, a traffic control plan and a pedestrian control plan (if necessary) in a form provided by or acceptable to the Engineer. The work plan and schedule shall be updated weekly to reflect all items of work performed at the site and shall clearly indicate the proposed completion date. No work may begin under contract until the Progress Schedule and Traffic Control Plan have been approved by the Engineer. Time required for review and approval of these items shall not constitute a basis for time extension. • The second order of work shall be to prepare and submit a Water Pollution Control Plan prepared and signed by a qualified Stormwater Pollution Prevention Plan Developer (QSD) per Section 17-1.05 of these Special Provisions. • The third order of work shall include mobilization per section 17-2 of these Special Provisions. • The fourth order of work shall include implementation of the approved traffic control plan. • The fifth order of work shall include installation of the coffer dam, water diversion and dewatering. • The sixth order of work shall include the minor concrete drainage channel lining repairs. The above item(s) shall clearly disclose the Contractor's proposed procedures and methods of operation, including identifying any special equipment intended for use on the project and his SPECIAL PROVISIONS • I method of handling traffic. It will be the responsibility of the Contractor to arrange for the towing and removal of any vehicles which have not been removed by the owner and which interfere with any operations. 17-1.02 OBSTRUCTIONS Attention is directed to Section 5-1.36D, "Non -Highway Facilities," and Section 15, "Existing Facilities," of the State Standard Specifications and these Special Provisions. The Contractor's attention is directed to the existence of certain underground facilities that may require special precautions be taken by the Contractor to protect the health, safety and welfare of workmen and of the public. The Contractor shall notify the Engineer and the appropriate regional notification center for operators of subsurface installations at least two working days, but not more than 14 calendar days, prior to performing any excavation or other work close to any underground pipeline, conduit, duct, wire or other structure. Regional notification centers include but are not limited to the following: Notification Center Underground Service Alert - Northern California (USA) 1(800)227-2600 It is not the intent of the plans to show the exact location of existing or relocated utilities, and the Engineer assumes no responsibility therefore. Whenever any such utilities are indicated thereon, the Contractor shall be responsible for verifying their actual location and depth in the field. The Contractor shall notify USA prior to any excavation. All costs for potholing shall be considered as included in the contract prices paid for the various items of work and no additional compensation will be allowed therefore. The Contractor shall provide the City with the results of potholing activity. It is the Contractor's responsibility to coordinate any potholing work with the necessary utilities. The Contractor will not be entitled to damages or additional payment for delays, mobilization or demobilization caused by utility company's failure to appear on site at the designated date and time whether for potholing or any other private utility work. 17-1.03 EXISTING ROADWAY FACILITIES Work performed in connection with various existing roadway facilities shall conform to the provisions in Section 15, "Existing Facilities," of the State Standard Specifications and these Special Provisions. Except as otherwise provided for damaged materials in Section 15-1.03C, "Salvaging Facilities," of the State Standard Specifications, the materials to be salvaged shall remain the property of the City, and shall be cleaned, packaged, bundled, tagged, and hauled to the City Storage, or as directed by the Engineer. A minimum of 48 hours prior to hauling salvaged material to the storage area. All salvaged material shall be hauled to the City Corporation Yard located at 111 Morphew Street by the Contractor unless another location is specified. Unless otherwise specified, all materials as shown on the plans to be removed, or as field marked and as directed by the Engineer to be removed shall be disposed of outside the project limits. The contract work area shall be left with a neat and finished appearance. At the end of each work day the project site shall be swept clean or washed to the satisfaction of the Engineering at no additional cost to the City. SPECIAL PROVISIONS • 2 Do not store or permit debris to accumulate on site. If Contractor fails to remove excess debris promptly by the end of the work day, City reserves right to cause same to be removed at Contractor's expense. 17-1.04 WATER DIVERSION AND WATER POLLUTION CONTROL All water encountered in constructing the channel improvements shall be diverted from the construction site by the Contractor in such manner so as to not cause a down -stream pollution discharge of any type. This includes any turbidity induced by the cofferdam installation/ dismantling, water diversion operations, dewatering and construction activities. As needed, the Contractor shall furnish, install, and operate pumps, pipes, appliances, and equipment of sufficient capacity to maintain the channel flow and to maintain dewatering conditions within the construction area, unless otherwise authorized by the Engineer. The Contractor shall provide all means or facilities necessary to conduct water pumping. Filtered water, if odorless and stable, may be discharged into the downstream channel or street gutter in a manner approved by the Engineer. When required by the Engineer, a means shall be provided for de -silting the water before discharge. The Contractor shall submit to the engineer a Water Pollution Control Plan (WPCP) in order to filter water from the construction site. The Contractor shall be responsible for implementing and managing these systems during the life of the project. The WPCP shall conform to all applicable requirements in Section 13, "Water Pollution Control," of the State Standard Specifications and Appendix A of these Special Provisions. The WPCP shall be prepared by a Qualified SWPPP Developer (QSD). The Contractor shall use the WPCP template available on Caltrans web site at http://www.dot.ca.gov/hq/construc/sto=water. Submittal of BMPs by themselves will not be accepted. A WPCP shall be submitted to and approved by the Engineer prior to construction activity. The Contractor shall allow a minimum 14 -day curing period for newly poured concrete before removing the coffer dam and water diversion mechanism. After the 14 -day curing period the Contractor shall be responsible for complete removal of the coffer dam, the water diversion mechanism, and for returning the channel so as to maintain existing flow conditions. There shall be no pollution/ sediment discharge from the construction site at all times. Only if a catastrophic storm is forecasted within the 14 -day concrete curing period will the coffer dam and water diversion be allowed to be removed within the 14th day period to allow full function of the stormwater channel. The Contractor shall be required to install all post -construction erosion control measures on all earthen soil exposed during construction operations (Appendix A). 17-1.05 SUBMITTALS The Contractor shall submit a progress schedule for all work. The schedule shall include mobilization, the sequence of operation, a critical path, and a project completion date. No work shall commence until a progress schedule and methods have been approved. Once the work begins, Contractor shall submit an updated weekly schedule every Thursday by noon. The contractor shall submit a schedule in a format acceptable to the Engineer. The schedule shall show the controlling item of work. If, in the opinion of the Engineer, the work being performed does not match the schedule or there is a discrepancy in the schedule, the Contractor shall revise the schedule to represent the work being performed including the controlling item of work and the proposed completion date. The Contractor shall submit one electronic copy of each submittal for review by the City. See individual sections for submittal requirements included in, but not limited to the following sections: SPECIAL PROVISIONS • 3 1. Progress Schedule 2. Traffic Control Plan 3. Water Pollution Control Plan (WPCP) with additional wording depicting a 14 -day concrete curing period before allowing water back into the channel 4. Cofferdam construction and dewatering 5. Concrete Mix Design 6. Any other items required by the City Prior to the start of construction the Contractor shall submit to the Engineer a well-defined, written traffic control (including sketches), detour and signing plan to the Engineer for approval five (5) working days prior to commencement of work. The plan shall illustrate the locations of traffic control devices and the contents and locations of traffic control and detour signs. The traffic control plan shall include existing signs to remain, existing signs to be covered or removed, new temporary signs, Changeable Message Signs locations and messages, arrow boards, and other items as required. The traffic control signage shall include complete directions and detour signs in advance of the construction zone and throughout the entire detour route. Additional submittals will be required as necessary and as the construction conditions change. The working drawing shall be stamped by an Engineer who is registered as a Civil Engineer in the State of California. Three (3) sets of working drawings shall be submitted to the Engineer. Except as otherwise provided in the Special Provisions, the Contractor shall allow five (5) working days after completed drawings are submitted for the review of such drawings. The Contractor shall not close sidewalks, traffic lanes, or the roadway until the traffic control plan has been approved by the City of San Rafael. 17-1.06 WORK INCLUDED UNDER PAY ITEMS Where an item is listed as a pay item in the Prices of Items, the lump sum or unit price quoted shall be considered as full compensation for furnishing all labor, materials, tools, equipment, incidentals and doing all the work necessary, including final cleanup, to construct the pay item complete in place as shown on the plans and specified in these specifications. It is the intention herein that all items of work required by these plans and specifications are included in the Prices of Items. Items of work not so include will be deemed fully compensated for in the price quoted for each respective item set forth that is most closely associated with the work required and no additional compensation will be allowed therefore. 17-1.07 MEASUREMENT AND PAYMENT All work within this Section shall be measured and paid for on a lump sum (LS) basis. Full compensation for all requirements of this section including but not limited to schedule preparation and updates, utility coordination, potholing all utilities, backfilling potholed areas, working around existing obstructions, dewatering, submittals and all other items considered in this section shall be considered as included in the prices paid for the various items of work involved and no additional payment will be allowed therefore. The Contractor shall not be entitled to any right of way delay for delays caused by the utility relocating the potholed utilities. Proper time extension to the contract will be allowed for any delays associated with utility relocations. SPECIAL PROVISIONS • 4 17-2 MOBILIZATION 17-2.01 GENERAL The work to be performed under this item includes, but is not limited to, furnishing all labor, equipment, and materials necessary to bring a construction force to full operation on the job site. Work includes, but is not limited to, preparation of access routes to the job site, protection of existing facilities, movement of personnel, equipment, supplies, incidentals, and coordination with the City. This section also includes demobilization following completion of the project. 17-2.02 MEASUREMENT AND PAYMENT Mobilization shall be measured and paid for on a lump sum (LS) basis. The lump sum price paid for mobilization shall include full compensation for furnishing all labor, materials, tools, equipment and incidental, and for doing all work involving in mobilization as specified in these Special Provisions, the State Standard Plans and Specifications and as directed by the Engineer, and no additional payment will be allowed therefore. SPECIAL PROVISIONS • 5 17-3 SIGNS AND TRAFFIC CONTROL 17-3.01 GENERAL Signs and Traffic Control shall consist of closing traffic lanes in accordance with the provisions of Section 12, "Temporary Traffic Control," of the State Standard Specifications, the provisions under "Maintaining Traffic" of the Standard Plans, these Special Provisions, and the latest edition of the California Manual on Uniform Traffic Control Devices (CAMUTCD). It is the Contractor's responsibility to provide safety with the least possible inconvenience to vehicular and pedestrian traffic during construction. The Contractor shall provide a continuous path of travel for pedestrians at all times. Contractor shall be responsible for all warning and detour signs. An adequate number of flag persons shall be employed to direct traffic around construction zones and to respond to unexpected traffic problems. If in the opinion of the Engineer additional flag persons or traffic control devices are needed at the site, the Contractor shall provide the necessary measures at no additional cost to the City. It shall be understood by the Contractor that field modifications are needed to fit field conditions which sometimes change during the project. If during the construction operation, the closure of one lane of traffic is necessary the contractor shall utilize the necessary construction zone signage during the lane closure operation. The provisions in this section will not relieve the Contractor from his responsibility to provide such additional devices or take such measures as may be necessary to comply with the provisions in Section 7-1.04, "Public Safety," of the State Standard Specifications. The Contractor shall be solely responsible for pedestrian and vehicular movement through the project area and shall assume full liability for any and all claims arising out of the construction of the project, including but not limited to claims for personal injury, damage to existing structures, loss of business, etc. The Contractor shall agree to hold the City and all its employees, representatives and consultants harmless from any and all such claims. No additional compensation shall be paid for any work that has to be performed outside normal working hours as a result of these Special Provisions. 17-3.02 PUBLIC ACCESSIBILITY If any public pedestrian right-of-ways require diversion as a result of the construction operations, the Contractor shall provide access to the public through the project site at all times. The Contractor shall provide access to adjacent properties at all times. The Contractor shall maintain access to properties and pedestrian access even after hours for the life of the construction. Temporary access ramps shall be installed to maintain access and shall be shown on the Contractors staging plan. The Contractor shall be responsible for designing working drawings, constructing and providing a safe and adequate continuous, accessible and safe path of travel around or through localized construction work zones and to each building, business and property utilized by the public. The Contractor shall use temporary asphalt, aggregate base, wood/metal ramps, signs, cones, barricades, flashers, and flaggers to direct and channel the public during and after construction. All proposed closures of a pedestrian access path shall be submitted in writing to the Engineer for review and approval. Advance warning shall be provided to the public should an access path be closed. All safe paths of travel shall be in compliance with applicable Americans with Disabilities Act Accessibility Guidelines (ADAAG), Americans with Disabilities Act (ADA) regulations and the California Manual on Uniform Traffic Control Devices (CAMUTCD). SPECIAL PROVISIONS • 6 Materials Materials used for public accessibility during construction include, but is not limited to: ■ Temporary Hot -mix Asphalt Concrete (cut back asphalt concrete not permitted) ■ Temporary Wood Ramp ■ Aluminum Modular Ramps. EZ -Access, or approved equal. Contact info: www.ezaccess.com, Phone 800-451-1903. ■ Four (4) foot wide minimum walking surface with running slope not to exceed eight (8) percent. ■ Barricade materials: Delineators, A -Frames, Barrier Caution Tape, Fencing Material ■ Non-skid tape ■ Four (4) inch timber, or equivalent, at the bottom of any railing to provide for the sight impaired Installation Temporary ramps shall be constructed so installation and removal will not damage existing pavement, curb and/or gutter. Ramps shall have a minimum four (4) foot wide walking surface and a running slope not to exceed eight (8) percent. Ramps shall meet existing surfaces without gaps. When required for drainage, a Schedule 40 PVC pipe, with minimum 2 -inch diameter, shall be installed under or through ramp in gutter or flow line. Transitions between ramps and the street or sidewalk surfaces shall be smooth. Sides of the ramp shall be protected where drop-offs exceed six (6) inches. Ramps shall be provided to the public leading to businesses. Ramps at the corners of the intersections shall be made of temporary AC pavement to ensure that a smooth transition is provided for the public as well as auto traffic. All temporary wooden ramps shall be maintained throughout the construction project. The Contractor shall maintain the structural integrity of the ramps. No loose, splintered boards or nails will be acceptable. Maintenance of a Clear and Accessible Public Corridor The Contractor shall maintain a four (4) foot accessible corridor that provides at least one safe path of travel for the public at all times for the duration of the project. Conversely, if a safe path of travel is not available, the Contractor shall post the sidewalk as being closed, however, access must still be maintained to each business. Signage shall be placed at the location of closure and at the next intersection in both directions, advising of the closure but noting that access is still available to all businesses. All proposed closures of a pedestrian access path shall be submitted in writing to the Engineer for review and approval. The Contractor shall provide a path to the businesses and residents, using aggregate base to backfill, after demolition of the concrete sidewalk, curb and gutter. The aggregate base shall be firmly packed to establish a safe and ADA compliant path, along the entire work zone. Installation of Barricades Barricades, which will provide protection for the public from traffic or construction operations, shall be installed in the following locations: ■ Between the access route and any adjacent construction site. ■ Between the alternate circulation path and any adjacent construction site. ■ Between the alternate circulation path and the vehicular way, if the alternate circulation path is diverted into the street. ■ Between the alternate circulation path and any protruding objects, drop-offs, or other hazards to the public. 09.0"T MISIUM ■ At the down curb ramp of an intersection, if opposite up curb ramp is temporarily or completely blocked, and no adjacent alternative circulation path is provided. Surfacing of Public Corridors During construction, tripping hazards and barriers must be removed to maintain an accessible safe path of travel. The surface of the path of travel shall be skid resistant and free of irregularities. Opened crosswalks, ramps and walkways in general shall be kept free of debris and obstructions. Identification of Safe Path of Travel If alternate circulation routes are provided for the public to bypass the construction site, the route shall be clearly defined and advance warning shall be provided to clearly delineate the alternate circulation route. Any change of level in a path of travel that is over 'A inch (1/2" maximum) height must be beveled at 45 degrees to provide a smooth, non -tripping transition. The Engineer shall review and approve any public access limitations and notification requirements for pedestrians with mobility or vision impairments. When using A -frames for def -ming a path of travel, A -frames shall be placed end to end (no spacing between barricades) to provide a continuous guide for individuals using canes. A -frames shall be connected with 2x4's that are continuous and are attached to the base of the barricade system at two (2) to four (4) inches from the ground. Caution tapes shall not be used as barricades or to define a path of travel but may be used to highlight danger or in conjunction with barricades. Excavated areas shall be secured by means of barricades or temporary fences. The bottom three (3) inches of any fencing material used shall be made solid to act as a guide for canes used by the visually impaired. Wood, sheet metal, railings, or other approved material may be used at the bottom portion of the fence. Curb ramps leading to closed crosswalks shall be appropriately barricaded. Temporary ramps shall be provided at temporary crosswalks and shall be able to direct blind pedestrians to and through the temporary path of travel. R9 -3a and R9 -3b signs shall be mounted on the barricade to advise pedestrians of closed sidewalk and directed routes. No trucks or equipment shall be parked or obstructing the public path of travel at any time. Warning Signs The Contractor shall provide warning signs for temporary ramps and barricades. Warning signs shall be located at both the near side and the far side of the intersection preceding a temporarily completely blocked public way. Restoration of Public Routes After construction, the site shall be restored to its former condition, or new condition as required. 17-3.03 NO PARKING SIGNS The Contractor shall be provided with temporary, City furnished, "NO PARKING" signs, which he must post in the construction zone seventy-two (72) hours prior to commencing operations. The posting must be witnessed by the San Rafael Police Department twenty-four (24) hours prior to towing. It shall be the Contractor's responsibility to ensure the signs and barricades are maintained overnight and on weekends. The signs shall be preserved and re -used throughout the duration of the project. Dates and times of parking restrictions shall be clearly indicated on the signs. SPECIAL PROVISIONS • 8 1. Availability Upon approval of materials and before commencement of work, the City shall furnish the Contractor with "No Parking -Tow Away" signs. The Contractor shall make necessary copies for posting on streets. The Contractor shall take steps to protect and preserve these signs so that they will remain usable throughout the full term of the job. Additional signs shall be provided as needed. Only City issued signs, or approved equals may be used. 2. Placement While the minimum distance between signs shall be 200 feet, the signs shall be placed so that they are: a) Easily visible/ readable to any individual standing within 100 feet of a sign; b) Visible/ readable from any vehicle parked within 100 feet of a sign; or c) As directed by the Engineer or San Rafael Police Department. Signs, once posted, shall be maintained until no longer required and then salvaged. It shall be the responsibility of the Contractor to make sure that the signs remain posted until no longer required and are protected from vandalism or removal. If time between construction phases exceeds two days, including non -working days, all no parking signs shall be removed. 3. Authority and Enforcement Once posted, the Contractor shall notify the Engineer who in turn will notify the San Rafael Police Department as to the location and limits of such signs. The Police Department will then, at their earliest convenience, dispatch an officer who will verify and log the location and limits. No less than twenty-four (24) hours after said entry is made, autos may be towed from the location, under the immediate direction of a Police Officer, provided that the signs have be properly maintained. 4. Costs - Payment - For Signs All costs (except purchase or charges related to lost signs), labor, equipment charges, etc., incurred in accordance with this section shall be considered to be included in the lump sum price paid for Traffic Control. 17-3.04 CONSTRUCTION AREA SIGNS Construction area signs shall be furnished, installed, maintained, and removed when no longer required in accordance with the provisions in Section 12, "Temporary Traffic Control," of the State Standard Specifications, the latest edition of the California Manual on Uniform Traffic Control Devices, and these Special Provisions. The Contractor shall notify the appropriate regional notification center for operators of subsurface installations at least two working days, but not more than 14 calendar days, prior to commencing any excavation for construction area sign posts. The regional notification centers include but are not limited to the following: Notification Center Underground Service Alert - Northern California (USA) 1(800)227-2600 All excavations required to install construction area signs shall be performed by hand methods without the use of power equipment, except that power equipment may be used if it is determined there are no utility facilities in the area of the proposed post holes. SPECIAL PROVISIONS • 9 Sign substrates for stationary mounted construction area signs may be fabricated from fiberglass reinforced plastic as specified under "Prequalified and Tested Signing and Delineation Materials" elsewhere in these Special Provisions. Type IV reflective sheeting for sign panels for portable construction area signs shall conform to the requirements specified under "Prequalified and Tested Signing and Delineation Materials" elsewhere in these Special Provisions. 17-3.05 PUBLIC CONVENIENCE AND SAFETY Adequate lighting shall be provided throughout the construction period in areas open to the public. The Contractor shall be fully responsible for accidents to the public and or damage to public and private property on the site of the work. The Contractor shall give special attention to provide continuous and uninterrupted traffic to and from the businesses on and adjacent to the work. The Contractor shall schedule and pursue his operations in such a manner that undesirable construction conditions will be minimized. The Contractor shall provide watchpersons and flagpersons as well as provide and maintain fences, barriers, guardrails, and other safety devices adjacent to and on the site at or near all barriers as may be necessary to control traffic and prevent accidents to the public. The Contractor shall furnish, place, and maintain such devices as set forth in the current "Manual of Traffic Control for Construction and Maintenance Work Zones," issued by the California Department of Transportation. Flagpersons, while on duty, shall perform their duties and shall be provided with the necessary equipment in accordance with the current "Flagging Instruction Handbook" issued by the California Department of Transportation. The Contractor shall maintain private entrances and sidewalk areas, and shall construct such detours as may be necessary to properly conduct the work and to provide entrances to private properties at all times. All temporary walking areas shall meet the American with Disability (ADA) requirements for clearances and obstructions. Any temporary paving, covers, etc. shall be constructed and installed in such a manner to meet the ADA requirements. In the event the Contractor fails to meet the ADA requirements, the City of San Rafael may make modifications to the walking areas at the Contractor's expense. All trenches shall be backfilled at the end of the day or temporary covers shall be maintained during non -working hours to avoid any safety issues for vehicles or pedestrians walking in the project areas. The Contractor shall make all arrangements with the property owners for the use of private land for detours and for any other purpose and shall save the City of San Rafael free from any liability incurred through the use or non-use of such private property. Upon favorable completion of the work, the Contractor shall remove all signs and traffic control devices from within the project limits to the satisfaction of the Engineer. At the end of the job, all signs, lights, barriers, etc. shall be removed from the construction sites. All sites shall be left clean and orderly. 17-3.06 CONTRACTOR'S RESPONSIBILITY FOR WORK Until the formal acceptance of the work by the City of San Rafael, the Contractor shall have charge and care thereof and shall bear the risk of injury or damage to any part thereof and shall bear the risk of injury or damage to any part thereof by the action of the elements or for any other cause, whether arising from the execution or from non -execution of the work. Mucce1111ngael , R1191MUD7 Existing streets, including haul routes, either public or private, within the work area shall be maintained in safe and orderly conditions at all times. When ordered to do so by the Engineer, any deficiencies shall be immediately corrected to the satisfaction of the Engineer. If the Contractor fails to correct such deficiencies in a timely fashion, the City of San Rafael may have the necessary work performed at the Contractor's expense and/or stop any further work on the project until a safe and orderly condition has been restored. Before completion and acceptance of the work, the Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the work required under the contract and shall bear the cost thereof. Inability to obtain labor, materials and/or equipment will not be considered an exception. 17-3.07 MEASUREMENT AND PAYMENT Full compensation for completing the requirements of this section entitled Signs and Traffic Control shall be considered as included in the prices paid for the various items of work involved and no additional payment will be allowed therefore. Full compensation for flagging cost shall be considered as included in Signs and Traffic Control, and no additional compensation will be allowed therefore. The shared cost for providing flagging as specified in Section 12-1.03, "Construction," of the State Standard Specifications, shall not apply to the item of Signs and Traffic Control The adjustment provisions in Section 4-1.05 "Changes and Extra Work," of the State Standard Specifications, shall not apply to the section entitled Signs and Traffic Control. Adjustments in the compensation for Signs and Traffic Control will be made only for increased or decreased traffic control system required by changes ordered by the Engineer and will be made on the basis of the cost of the increased or decreased traffic control necessary. Such adjustment will be made on a force account basis as provided in Section 9-1.04, "Force Account", of the State Standard Specifications for increased work, and estimated on the same basis in the case of decreased work. SPECIAL PROVISIONS • I I 17-4 CONSTRUCTION STAKING 17-4.01 GENERAL The Contractor shall be responsible for providing construction staking and layout for all work within the project limits. It shall be the responsibility of the contractor to maintain these stakes to complete the work shown on the plans. 17-4.02 MEASUREMENT AND PAYMENT Full compensation for completing the requirements of this section shall be considered as included in the prices paid for the various items of work involved and no additional payment will be allowed therefore. SPECIAL PROVISIONS • 12 17-5 AGGREGATE BASE 17-5.01 GENERAL If used, aggregate base shall be placed under all minor concrete where determined in the field by the engineer. Aggregate base shall be Class 2 and shall conform to the grading and quality requirements for 3/a" maximum as specified in Section 25-1.0213 of the State Standard Specifications. Aggregate base material shall be compacted to 95% of maximum relative compaction as determined by standard test method ASTM D 6938 (replaces test D 2922); nuclear density device may be used. The Contractor shall install aggregate base rock from one source to ensure compaction testing results are reliable and consistent for the duration of the project. 17-5.02 DAILY SUBMITTAL The Contractor shall submit tickets indicating proof of tonnage of material delivered as the material arrives at the job site, or at any time upon request of the Engineer. If the Contractor does not submit the tickets at the end of each day when aggregate base is installed, a temporary stop work order may be issued on the construction activity with no associated cost incurred by the City. The construction activity may resume with the Engineer's written approval upon receiving and reviewing all tickets. 17-5.03 MEASUREMENT AND PAYMENT Full compensation for completing the requirements of this section shall be considered as included in the prices paid for the various items of work requiring aggregate base rock and no additional payment will be allowed therefore. SPECIAL PROVISIONS . 13 17-6 MINOR CONCRETE —DRAINAGE CHANNEL LINING 17-6.01 GENERAL At the City's direction, concrete channel lining shall be removed and replaced where shown on the plans. Contractor shall saw -cut existing concrete where designated by the Engineer. The Contractor shall take all necessary precautions to preserve and protect the existing channel lining. However, for, bidding purposes it is assumed that said channel lining will require replacement as any damage whatsoever may be cause for complete removal and replacement. The quantity of minor concrete placed may vary from the bid amount, but the Contractor shall not be allowed to adjust the contract unit price. The Contractor shall install new concrete channel lining to match existing in-kind as much as possible, including coloring admixture. All concrete channel lining shall be constructed over the existing earthen base. At the discretion of the Engineer, aggregate base may be needed to fill gaps and/or existing earthen base may need to be compacted in place. Where new concrete is joining existing concrete, the new concrete shall align and conform to adjacent elevations. New channel lining shall be attached to existing channel lining by means of steel dowels imbedded and epoxied in accordance with the details shown on the plans. Steel dowels shall be Grade 40 No. 3 rebar, minimum. The Engineer shall be notified 24 hours prior to concrete pour. The Contractor shall provide string lines and forms delineating the proposed concrete surface for Engineer observation a minimum of 4 (four) hours prior to concrete pour. No concrete shall be poured until Engineer has approved the forms. All oil, paint, tire, graffiti and other marks shall be removed from all minor concrete construction by sandblasting or complete replacement prior to acceptance by the Engineer. Cement mortar will not be an acceptable substitute for sandblasting or complete replacement. The Contractor shall be closely aware of the 10 -day weather forecast before starting the project and throughout the project. If inclement weather/storm is forecasted at any time within 10 -days prior to commencing work, the Contractor shall wait for the inclement weather/ storm to pass before starting work. No penalty will be imposed for work delayed due to weather. If inclement weather/ storm is forecasted after work has begun on the project, the Contractor shall, at its own expense, make every effort to maintain the coffer dam and water diversion system so as to keep upstream stormwater channel flow from inundating the work site during the inclement weather/ storm. This includes the 14 -day concrete curing period. However, if a catastrophic storm is forecasted within the 14 -day concrete curing period, the coffer dam and water diversion will be allowed to be removed to allow full function of the stormwater channel. 17-6.02 CLEARING AND GRUBBING 17-6.02.01 GENERAL The work shall consist of removing all objectionable materials from within the project limits, as specified in Section 15, "Existing Facilities" and Section 17-2, "Clearing and Grubbing," of the State Standard Specifications. The Contractor shall remove and dispose of trash from the site work area. Objectionable materials removed shall be disposed of outside the street right of way in accordance with the applicable sections of the State Standard Specifications and applicable laws. SPECIAL PROVISIONS • 14 The Contractor shall exercise caution when working around existing facilities. Any damage to existing street trees (not called out for removal or trimming), to private properties, to public/private utilities and/or other public facilities not identified on the plans for removal shall be repaired or replaced in kind at the Contractor's expense. The repair or replacement shall be to the satisfaction of the Engineer and no additional compensation will be allowed therefore. Existing irrigation facilities within the limits of work shall remain in place unless noted otherwise on the plans. Irrigation facilities that are damaged by the Contractor's operation shall be reported immediately to the Engineer. The Contractor shall locate and mark all irrigation facilities. The Contractor shall be responsible for relocation and or repair of all irrigation lines and utilities that are in conflict with the proposed improvements to the satisfaction of the Engineer. Nothing herein shall be construed as relieving the Contractor of his responsibility for final cleanup of the project site. Removal and disposal of existing roadside signs and post shall be included in Clearing and Grubbing. 17-6.02.02 CONCRETE REMOVAL Concrete channel lining shall be removed as shown on the plans and in accordance with the provisions in Section 15-1.0313, "Removing Concrete," of the State Standard Specifications and these Special Provisions. Concrete channel lining saw -cut shall be a straight, neat cut with a power driven saw and shall be perpendicular to the channel flowline. Disposal of all concrete material removed from the channel shall be to a legal disposal facility and all costs associated with the concrete removal and disposal shall be the responsibility of the Contractor at the Contractor's expense. Concrete channel lining not identified on the plans for removal which is damaged as a result of the Contractor's operations shall be removed and replaced in kind at the Contractor's expense. Concrete removed shall be disposed of outside the street right of way in accordance with relevant sections of the State Standard Specifications. Clearing and grubbing shall be staged to present the least amount of disruption to the general public. The Contractor shall coordinate all clearing and grubbing with the Engineer prior to performing any work. All traffic control devices, barricades, etc., must be on site prior to clearing and grubbing. The schedule shall also show the sequence of clearing and grubbing such that open areas are limited to no more than two (2) unless approved in advance in writing by the Engineer. 17-6.02.03 EXCAVATION The work shall consist of excavation and removal of existing concrete channel lining as shown on the plans and as specified in Section 19, "Earthwork," of the State Standard Specifications. As per Occupational Safety & Health Administration (OSHA) standards, excavation over 4 feet shall follow OSHA shoring and excavation safety procedures. The Contractor shall remove existing concrete channel lining as shown on the plans for the purposes of installing new concrete channel lining per plan. Removal operations shall be performed with minimum damage to any portion of the concrete channel lining that is to remain in place. All damage to the existing concrete channel lining to remain in place shall be repaired to a condition equal to that existing prior to the beginning of removal operations at the Contractor's own expense. Residue from concrete cutting and removal operations shall not be permitted to flow into channel downstream of the operation, into storm drains or across lanes occupied by traffic and shall be SPECIAL PROVISIONS • 15 removed from the pavement surface concurrent with the cutting operation. All excavated material shall be removed and disposed of outside the channel and street right-of-way in accordance with relevant sections of the State Standard Specifications. Surplus excavated material shall become the property of the Contractor and shall be disposed of outside the project site at the Contractor's own expense. No excavated material will be allowed to be stockpiled overnight in or adjacent to public right-of-ways, unless approved by the City. If temporary stockpile locations are approved, all stockpiles shall be properly covered and barricaded. Unless otherwise provided for in these Special Provisions, the excavation may not be left without backfill during non -working hours except with prior written approval from the Engineer. Excavations left without backfill shall be barricaded and covered or otherwise protected to ensure public safety. 17-6.02.04 MISCELLANEOUS REMOVALS/WORK The work shall consist of removing all other necessary items in the field to construct the improvements as shown on the plans. This may include, but is not limited to the following: landscaping, tree root removal not covered by Section 17-6 of these Special Provisions and any other item as directed by the Engineer. All removed landscaping may require replacement in-kind or the installation of post construction erosion control measures, or as per instructions by the Engineer. 17-6.03 DAILY SUBMITTAL The Contractor shall provide delivery tickets at the time of delivery of each load of concrete. Each delivery ticket shall state the total yield in cubic yards, date, and time of day corresponding to when the batch was loaded, when it was dispatched, when it arrived at the job, and the time that unloading began. 17-6.04 MEASUREMENT AND PAYMENT Minor Concrete - Drainage Channel Lining removal and replacement shall be measured and paid for on a per square foot (SF) basis and shall include full compensation for furnishing all the labor, materials, tools, equipment, incidentals, and for doing all the work involved in removal (including sawcutting) and disposal of existing concrete lining, and installation of new concrete lining, including concrete samples as described in this section, subgrade preparation and furnishing, placing, and compacting aggregate base rock, complete in place, all as specified in the State Standard Specifications, these Special Provisions, and as directed by the Engineer, and no additional compensation will be allowed therefore. SPECIAL PROVISIONS • 16 APPENDIX A City of San Rafael Pollution Prevention: It's Part of the Plan CITY OF SAN RAFAEL POLLUTION PREVENTION: IT'S PART OF THE PLAN MAKE SURE YOUR CREWS AND SUBS DO THE JOB RIGHT! RUNOFF FROM STREETS AND OTHER PAVED AREAS IS A MAJOR SOURCE OF POLLUTION IN SAN FRANCISCO BAY. CONSTRUCTION ACTIVITIES CAN DIRECTLY AFFECT THE HEALTH OF THE BAY UNLES CONTRACTORS AND CREWS PLAN AHEAD TO KEEP DIRT, DEBRIS, AND OTHER CONSTRUCITON WASTE AWAY FROM STORM DRAINS AND LOCAL CREEKS. FOLLOWING THESE GUIDELINES WILL ENSURE YOUR COMPLIANCE WITH CITY OF SAN RAFAEL ORDINANCE REOUIREMETNS. MATERIALS STORAGE & SPILL CLEANUP NON -HAZARDOUS MATERIALS MANAGEMENT SAND, DIRT, AND SIMILAR MATERIALS MUST BE STORED AT LEAST 10 FEET FROM CATCH BASINS, AND COVERED WITH A TARP DURING WET WEATHER OR WHEN RAIN IS FORECAST - USE (BUT DON'T OVERUSE) RECLAIMED WATER FOR DUST CONTROL AS NEEDED SWEEP STREETS AND OTHER PAVED AREAS DAILY. DO NOT WASH DOWN STREETS OR WORK AREAS WITH WATER! - RECYCLE ALL ASPHALT, CONCRETE, AND AGGREGATE BASE MATERIAL FROM DEMOLITION ACTIVITIES. CHECK DUMPSTERS REGULARLY FOR LEAKS AND TO MAKE SURE THEY DON'T OVERFLOW. REPAIR OR REPLACE LEAKING DUMPSTERS PROMPTLY. ILAZARDOUS MATERIALS MANAGEMENT LABEL ALL HAZARDOUS MATERIALS AND HAZARDOUS WASTES (SUCH AS PESTICIDES, PAINTS, THINNERS, SOLVENTS, FUEL, OIL, AND ANTIFREEZE) IN ACCORDANCE WITH CITY, STATE, AND FEDERAL REGULATIONS. STORE HAZARDOUS MATERIALS AND WASTES IN SECONDARY CONTAINMENT AND COVER THEM DURING WET WEATHER - FOLLOW MANUFACTURER'S APPLICATION INSTRUCTIONS FOR HAZARDOUS MATERIALS AND BE CAREFUL NOT TO USE MORE THAN NECESSARY. DO NOT APPLY CHEMICALS OUTDOORS WHEN RAIN IS FORECAST WITHIN 24 HOURS. - BE SURE TO ARRANGE FOR APPROPRIATE DISPOSAL OF ALL HAZARDOUS WASTES. SPAT PRFVFNTION AND CONTROI_ - KEEP A STOCKPILE OF SPILL CLEANUP MATERIALS (RAGS, ABSORBENTS, ETC.) AVAILABLE AT THE CONSTRUCTION SITE AT ALL TIMES. - WHEN SPILLS OR LEAKS OCCUR, CONTAIN THEM IMMEDIATELY AND BE PARTICULARLY CAREFUL TO PREVENT LEAKS AND SPILLS FROM REACHING THE GUTTER, STREET, OR STORM DRAIN. NEVER WASH SPILLED MATERIAL INTO A GUTTER, STREET, STORM DRAIN OR CREEK! - REPORT ANY HAZARDOUS MATERIALS SPILLS IMMEDIATELY! CALL CITY OF SAN RAFAEL FIRE DEPARTMENT AT (415) 485-3308. VEHICLE AND EQUIPMENT MAINTENANCE & CLEANING - INSPECT VEHICLES AND EQUIPMENT FOR LEAKS FREQUENTLY. USE DRIP PANS TO CATCH LEAKS UNTIL REPAIRS ARE MADE; REPAIR LEAKS PROMPTLY - FUEL AND MAINTAIN VEHICLES ON SITE ONLY IN A BERMED AREA OR OVER A DRIP PAN THAT IS BIG ENOUGH TO PREVENT RUNOFF - IF YOU MUST CLEAN VEHICLES OR EQUIPMENT ON SITE, CLEAN WITH WATER ONLY IN A BERMED AREA THAT WILL NOT ALLOW RINSEWATER TO RUN INTO GUTTERS, STREETS, STORM DRAINS, OR CREEKS - DO NOT CLEAN VEHICLES OR EQUIPMENT ON-SITE USING SOAPS, SOLVENTS, DEGREASERS, STEAM CLEANING EQUIPMENT, ETC. EARTHWORK & CONTAMINATED SOILS - KEEP EXCAVATED SOIL ON THE SITE WHERE IT IS LEAST LIKELY TO COLLECT IN THE STREET. TRANSFER TO DUMP TRUCKS SHOULD TAKE PLACE ON THE SITE, NOT IN THE STREET. - USE HAY BALES, SILT FENCES, OR OTHER CONTROL MEASURES TO MINIMIZE THE FLOW OF SILT OFF THE SITE. - AVOID SCHEDULING EARTH MOVING ACTIVITIES DURING THE RAINY SEASON IF POSSIBLE. IF GRADING ACTIVITIES DURING WET WEATHER ARE ALLOWED IN YOUR PERMIT, BE SURE TO IMPLEMENT ALL CONTROL MEASURES NECESSARY TO PREVENT EROSION. - MATURE VEGETATION IS THE BEST FORM OF EROSION CONTROL. MINIMIZE DISTURBANCE TO EXISTING VEGETATION WHENEVER POSSIBLE. - IF YOU DISTURB A SLOPE DURING CONSTRUCITON, PREVENT EROSION BY SECURINT THE SOIL WITH EROSION CONTROL FABRIC, OR SEED WITH FAST-GROWING GRASSES AS SOON AS POSSIBLE. PLACE HAY BALES DOWN-SLOPE UNTIL SOIL IS SECURE. - IF YOU SUSPECT CONTAMINATION (FROM SITE HISTORY, DISCOLORATION ODOR, TEXTURE, ABANDONED UNDERGROUND TANKS OR PIPES, OR BURIED DEBRIS), CALL THE FIRE DEPT., (415) 485-3308, FOR HELP IN DETERMINING WHAT TESTING SHOULD BE DONE. - MANAGE DISPOSAL OF CONTAMINATED SOIL ACCORDING TO FIRE DEPARTMENT INSTRUCTIONS. CITY OF SAN RAFAEL STORM WATER PROGRAM (415) 485-3355 DEWATERING OPERATIONS - REUSE WATER FOR DUST CONTROL, IRRIGATION, OR ANOTHER ON-SITE PURPOSE TO THE GREATEST EXTENT POSSIBLE. - BE SURE TO CALL THE CITY'S STORMWATER MANAGER BEFORE DISCHARGING WATER TO A STREET, GUTTER, OR STORM DRAIN. CALL THE STORMWATER MANAGER AT (415) 485-3355. FILTRATION OR DIVERSION THROUGH A BASIN, TANK, OR SEDIMENT TRAP MAY BE REQUIRED. -IN AREAS OF KNOWN CONTAMINATION, TESTING IS REQUIRED PRIOR TO REUSE OR DISCHARGE OF GROUNDWATER. CONSULT WITH THE CITY FIRE DEPT. TO DETERMINE WHAT TESTING TO DO AND TO INTERPRET RESULTS. CONTAMINATED GROUNDWATER MUST BE TREATED OR HAULED OFF-SITE FOR PROPER DISPOSAL. SAW CUTTING - ALWAYS COMPLETELY COVER OR BARRICADE STORM DRAIN INLETS WHEN SAW CUTTING. USE FILTER FABRIC, HAY BALES, SAND BAGS, OR FINE GRAVEL DAMS TO KEEP SLURRY OUT OF THE STORM DRAIN SYSTEM. - SHOVEL, ABSORB, OR VACUUM SAW -CUT SLURRY AND PICK UP ALL WASTE AS SOON AS YOU ARE FINISHED IN ONE LOCATION OR AT THE END OF EACH WORK DAY (WHICHEVER IS SOONER). - IF SAW CUT SLURRY ENTERS A CATCH BASIN, CLEAN IT UP IMMEDIATELY. PAVING/ASPHALT WORK - DO NOT PAVE DURING WET WEATHER OR WHEN RAIN IS FORECAST. - ALWAYS COVER STORM DRAIN INLETS AND MANHOLES WHEN PAVING OR APPLYING SEAL COAT, TACK COAT, SLURRY SEAL, OR FOG SEAL. - PLACE DRIP PANS OR ABSORBENT MATERIAL UNDER PAVING EQUIPMENT WHEN NOT IN USE. - PROTECT GUTTERS, DITCHES, AND DRAINAGE COURSES WITH HAY BALES, SAND BAGS, OR EARTHEN BERMS. - DO NOT SWEEP OR WASH DOWN EXCESS SAND FROM SAND SEALING INTO GUTTERS, STORM DRAINS, OR CREEKS. COLLECT SAND AND RETURN IT TO THE STOCKPILE, OR DISPOSE OF IT AS TRASH. - DO NOT USE WATER TO WASH DOWN FRESH ASPHALT CONCRETE PAVEMENT. CONCRETE, GROUT, AND MORTAR STORAGE & WASTE DISPOSAL - BE SURE TO STORE CONCRETE, GROUT AND MORTAR UNDER COVER AND AWAY FROM DRAINAGE AREAS. THESE MATERIALS MUST NEVER REACH A STORM DRAIN. - WASH OUT CONCRETE EQUIPMENT/TRUCKS OFF-SITE OR DESIGNATE AN ON-SITE AREA FOR WASHING WHERE WATER WILL FLOW ONTO DIRT OR INTO A TEMPORARY PIT IN A DIRT AREA. LET THE WATER SEEP INTO THE SOIL AND DISPOSE OF HARDENED CONCRETE WITH TRASH. - IF A SUITABLE DIRT AREA IS NOT AVAILABLE, COLLECT THE WASH WATER AND REMOVE IT FOR APPROPRIATE DISPOSAL OFF SITE. - DIVERT WATER FROM WASHING EXPOSED AGGREGATE CONCRETE TO A DIRT AREA WHERE IT WILL NOT RUN INTO A GUTTER, STREET, OR STORM DRAIN. IF A SUITABLE DIRT AREA IS NOT AVAILABLE, FILTER THE WASH WATER THROUGH HAY BALES BEFORE DISCHARGING TO A STORM DRAIN. PAINTING - NEVER RINSE PAINT BRUSHES OR MATERIALS IN A GUTTER OR STREET. - PAINT OUT EXCESS WATER-BASED PAINT BEFORE RINSING BURHSES, ROLLERS, OR CONTAINERS IN A SINK. IF YOU CAN'T USE A SINK, DIRECT WASH WATER TO A DIRT AREA AND SPADE IT IN. - PAINT OUT EXCESS OIL-BASED PAINT BEFORE CLEANING BRUSHES IN THINNER. - FILTER PAINT THINNERS AND SOLVENTS FOR REUSE WHENVER POSSIBLE. DISPOSE OF OIL-BASED PAINT SLUDGE AND UNUSABLE THINNER AS HAZARDOUS WASTE. STORM DRAIN POLLUTERS MAY BE LIABLE FOR FINES OF UP TO 5500 PER DAY APPENDIX B Existing Conditions Photos F-Iq ... . .... ... Li Pill, TX G MANUEL T. EPAIRS BU � F6GIN P PROJECT LOCATION 1 LOCATION MAP CV -01 N.T.S. CALL TWO ISVRNIIG DAYS BEFORE YOU DIG SHEET DRAWING NO. SHEE 1 Cv- 2 CP_ 3 CP, wt s No. C45967 DBI. � I dorlCily Engineer Z L D3 Y e � 0 O U S �a a� or F- ix w w J 9Z W Z o Q L` U U F- w $ w wQ 2zQ W I Z M C3 O. im z� r71 a w � � o z 0o w � E-4 U C:) P. (3 SCALE: AS NOTED DATE; AUGUST 2017 MY PROJECT NO.: 11318 SHEET NO.: CV O1 NMOHS SV:31VOS NV'ld DiIS 03033N SV JNIdVOSONVI 3OISOVOiI 3AOWM NOI10n11SN00 JNl8nO 3dld SSVdAG MO -I3 AIIAVUDO BZ+G Ol EO+t VIS 30Vld3H ONV 313NON00 03JVWVO (J) 9AOW38 ONV InOMVS WVOa33300 WV3alSdn- SC+Z Ol 00+Z VIS 30Vid38 ONV 313HDNOO 039VWVG (3) 30 3AOW38 ONV ln0 MVS 13MUM SJ.11005 1� a 0 0 (E) AC � � (E) AC f� Qi A F-� 93.4 z F-� z a 0 MIN 10 GA ra F WIRE MESH U REINFORCEMENT THROUGH OUT Ei rn �Ua 0 D TO (E) ✓BELS as o tx � P-4 (E) AC O rTi U p., 43 W A SCAE As SHOWN -2 0 2 4 GATE AUGUST 2017 PROJECT NO. ko 11318 SCALE SHEET N0. CP -02 DRAWING 3 OF 3 CONCRETE NOTES: 1. CONFORM NEW CONCRETE TO (E) CONCRETE CENTER LINE AND SU 2. CONCRETE POUR SHALL BE MONOLITHIC. 3. INSTALL MIN. 10 GA. WIRE MESH REINFORCEMENT THROUGHOUT NE 4. ATTACH NEW CONCRETE TO (E) WITH 43 REBAR @ 24" O.C. DRILLED) (E) 5. NOTE THAT CHANNEL DEPTHS SHOWN ARE APPROXIMATE. ACTUALS. 6. fc = 2.5 ksi 7. fy = 60 ksi ER VEGETATION g NIN ACCESS a 0 0 (E) AC � � (E) AC f� Qi A F-� 93.4 z F-� z a 0 MIN 10 GA ra F WIRE MESH U REINFORCEMENT THROUGH OUT Ei rn �Ua 0 D TO (E) ✓BELS as o tx � P-4 (E) AC O rTi U p., 43 W A SCAE As SHOWN -2 0 2 4 GATE AUGUST 2017 PROJECT NO. ko 11318 SCALE SHEET N0. CP -02 DRAWING 3 OF 3 MAGGIA OP ID: SD CERTIFICATE OF LIABILITY INSURANCE I GATE / 09/2266/22017017 Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Don Ramaticl Insurance, Inc. P.O. Box 551 Petaluma, CA 94953 Paul Ramatici INSURED Maggiora & Ghilotti, Inc. 555 Du Bois Street San Rafael, CA 94901 CONTACT NAME: Paul Ramatici PHONE. H NE . Ex11 . 707-782-9200 0i11L ADDRESS: INSURER(S) AFFORDING COVERAGE INSURER A: Zurich American Insur Co of IL INSURER e: Starr Indemnity & Liability Co INSURER C : INSURER D: ((AA/C Not: 707-782-9300 NAIC q '27855 138318 INSURER E: 1 INSURER F: 1 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WH CH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 'ADDL StJBR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF POLICY EXP (MM/DDIYYYY) (MMIDD/YYYY) LIMITS A X COMMERCIAL GENERAL LIABILITY _^ CLAIMS -MADE rx-1 OCCUR X GLO18493601 X GL Ded $10k-Occ MED EXP (Any one person) I $ X XCU/Ind Cont Incl PERSONAL & ADV INJURY I $ GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE I$ POLICY PRO- [7 PRODUCTS - COMP/OP AGG I $ JECT LOC Emp Ben. $ OTHER. COMBINED SINGLE LIMIT (Ea accident) I $ AUTOMOBILE LIABILITY 10/01/2016 10/01/2017 BODILYINJURY (Per person) I $ A ANY AUTO X BAP18493501 ALL OWNED SCHEDULEDAUTOS PROPERTY DAMAGE I$ (Per accident) AUTOS JX NON -OWNED I HIRED AUTOS X I AUTOS UMBRELLA LIAROCCUR $ B EXCESS LIAB J�CLAIMS-MADE 1000023122 _X I I 1$ DED RETENT ON $ I X PER I STATUTE I I H I WORKERS COMPENSATION ER 'AND EMPLOYERS' LIABILITY Y / N 10/01/2016 10/01/2017 A ANY PROPRIETOR/PARTNER/EXECUTIVE X WC18493701 OFFICER/MEMBER EXCLUDED? N I A E L DISEASE - EA EMPLOYEEI $ (Mandatory In NH) If yes. describe under 1,000,000 DESCRIPTION Of- OPERATIONS below EACH OCCURRENCE I $ 10/01/2016 10/0112017 _AMAGE TO RENT9T_ PREMISES (Ea occurrencat _T$ 2,000,000 300,000 MED EXP (Any one person) I $ 5,000 PERSONAL & ADV INJURY I $ 2,000,000 GENERAL AGGREGATE I$ 4,000,000 PRODUCTS - COMP/OP AGG I $ 4,000,000 Emp Ben. $ 1,000,000 COMBINED SINGLE LIMIT (Ea accident) I $ 2,000,000 10/01/2016 10/01/2017 BODILYINJURY (Per person) I $ BODILY INJURY (Per accident) I $ PROPERTY DAMAGE I$ (Per accident) I EACH OCCURRENCE I $ 4,000,000 10/01/2016 10/01/2017 ( AGGREGATE $ 4,000,000 1$ I X PER I STATUTE I I H I ER 10/01/2016 10/01/2017 __E L. EACH ACCIDENT I $ 1,000,000 E L DISEASE - EA EMPLOYEEI $ 1,000,000 E L DISEASE - POLICY LIMIT I $ 1,000,000 I I DESCRIPTION OF OPERATIONS 7 LOCATIONS / VEH'CLES (ACORD 101, Additlonal Remarks Schedule, may be attached If moro space Is required) *Certificate Holder as additional insured incl.primary wording when required by written contract per UGL1175FCW & CA2048; WC Waiver per WC040306. Umbrella follows form the GL, Auto & Employers Liability policies above. Job: Manuel T. Freitas Parkway Drainage Channel Repairs, Project #11318 M&G #4530 **10 day notice sent on non-payment. CERTIFICATE HOLDER City of San Rafael, its officers, agents, employees and volunteers* PO Box 151560 San Rafael, CA 94915 ACORD 25 (2014/01) SANRAF4 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 01�3 I11.1A 6 -1, ©1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 09 Additional Insured —Automatic — Owners, Lessees Or ZURICH"' Contractors Policy No. Eff. Date of Pol Exp. Date of Pol Eff. Date of End.Producer No. Addl. Prem Return Prem. GL018493601110/01/201( 110/01/2017 110/(1/.2016. 1 1 1 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, Named Insured: Maggiora & Ghilotti, Inc. Address (including ZIP Code): 555 Du dots Street San Rafael, CA 94901 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II — Who Is An Insured is amended to Include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liabi ity for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products -completed operations hazard", which is the subject of the written contract or written agreement. However, the Insurance afforded to such additional insured - 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the Insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, If the 'occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. U -GL -1175-F CW (04/13) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit' will promptly be brought against any policy issued by another Insurer under which the additional insured may be an insured In any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following Is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b, You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV — Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit'. This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations, All other terms and conditions of this policy remain unchanged. U -GL -1175-F CW (04113) Page 2 of 2 Includes copyrighted material of Insurance Services Off!ce, Inc., wllh its permission. POLICY NUMBER: BAP18493501 COMMERCIAL AUTO CA 21) 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form, This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Maggiora & Ghilotti, Inc. Endorsement Effective Date: 10/01/15 SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization to whom or which you are required to provide additional insured status or additional Insured status on a primary, non-contributory basis, in a written contract or written agreement executed prior to loss, except where such contract or agreement is prohibited by law. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained In Paragraph A.I. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 Wolters Kluwer Financial Services I Uniform Forms7A° WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY WC 04 03 06 (Ed, 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" need be completed only when this endorsement Is issued subsequent to preparation of the policy.) This endorsement, effective on 10/01/16 (DATE) Policy No. WC18493701 of the Zurich American Insurance Co of IL issued to Maggiora & Ghilotti, Inc. Premium (if any) $ at 12:01 A.M. standard time, forms a part of Endorsement No. (NAME OF INSURANCE COMPANY) We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2 % of the California workers' compensation pre- mium otherwise due on such remuneration. Schedule Person or Organization ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION OR Scheduled WC 252 (4-84) WC 04 03 06 (Ed. 4-84) Job Description FOR ALL CA OPERATIONS Page 1 of 1 CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: Department of Public Works Project Manager: David Nicholson Extension: x3454 Project Name: Manuel T. Freitas Pkwy Drainage Channel Repair Contractor Name: Maggiora & Ghilotti, Inc. Contractor's Contact: Kevin Bechtel Contact's Email: kevin@maggiora-ghilotti.com ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT DATE Check/Initial 1 Project Manager a. Email PINS Introductory Notice to Contractor Click here to 5 Project Manager Forward signed original agreements to City enter a clate. ❑X DN b. Email contract (in Word) & attachments to City 6 City Attorney Attny c/o Laraine.Gittens@cityofsanrafael.org 9/20/2017 2 City Attorney a. Review, revise, and comment on draft agreement 3gF/24/2016 ❑X LAG 7 City Attorney and return to Project Manager 9 LMM 8 City Manager/ Mayor b. Confirm insurance requirements, create Job on 4/24/2016 PINS, send PINS insurance notice to contractor LAG no pins because insurance on file 3 Project Manager Forward three (3) originals of final agreement to 9/26/2017 ❑X DN contractor for their signature 4 Project Manager When necessary, * contractor -signed agreement N/A agendized for Council approval *PSA > $20,000; or Purchase > $35,000; or Or ❑ DN Public Works Contract > $125,000 r— Date of Council approval Click here toenter a date. PRINT CONTINUE ROUTING PROCESS WITH HARD COPY 5 Project Manager Forward signed original agreements to City DN Attorney with printed copy of this routing form 6 City Attorney Review and approve hard copy of signed agreement 7 City Attorney Review and approve insurance in PINS , and bonds (for Public Works Contracts) M 8 City Manager/ Mayor Agreement executed by Council authorized official j0 r— City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager