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Item 6c. Authorization to Advertise California Boulevard and Taft Street Water Main Replacement (Spec. 2000545)
Item 6c Department: Public Works Cost Center: 6004 For Agenda of: 9/17/2024 Placement: Consent Estimated Time: N/A FROM: Matt Horn, Public Works Director Prepared By: Hai Nguyen, Senior Civil Engineer SUBJECT: AUTHORIZATION TO ADVERTISE CALIFORNIA BOULEVARD AND TAFT STREET WATER MAIN REPLACEMENT, SPECIFICATION NO. 2000545 RECOMMENDATION 1. Approve the project plans and specifications for California Boulevard and Taft Street Water Main Replacement, Specification Number 2000545; and 2. Authorize staff to advertise for bids; and 3. Authorize the City Manager to award the Construction Contract pursuant to Section 3.24.190 of the Municipal Code if the lowest responsible bid is within the Engineer’s Estimate of $1,200,000; and 4. Authorize the City Engineer to approve Contract Change Order s up to the available project budget and any amended budget subsequently approved by the City Manager up to $200,000. POLICY CONTEXT On January 19, 2016, the City Council approved the Potable Water Distribution System Operations Plan, which identified this project as a high priority for the City. On May 17, 2022, Council approved a Purchasing Policy Update to the Financial Management Manual that requires Council approval for Public Projects that cost over $200,000. DISCUSSION Background The City’s water distribution system is comprised of 184 miles of pipe with diameters ranging in size from four inches to 30 inches. Some of these pipes have been identified as undersized or have surpassed their intended design life, which is typically around 50 years. As waterlines age, the frequency of breaks increases, leading to costly and disruptive repairs. These breaks can damage roadways, often requiring full -depth reconstruction and substantial costs to properly restore the pavement. Page 19 of 280 Item 6c To address these issues, the City has established an ongoing program focused on replace aging, substandard, and deteriorating infrastructure . The main objectives of this program are to ensure reliable water services, reduce the need for emergency repairs, and to enhance available fire flows. Through this program, the City can significantly lower repair costs and minimize the impact to customers. The Project The project plans (Attachment A) and specifications (Attachment B) propose to replace 810 linear feet of waterline along California Boulevard, from Stafford to Taft Street. Waterline replacement work at the California Boulevard and Taft Street intersection was originally designed to be included with the construction of the California/Taft Roundabout project. However, construction for the roundabout has been delayed due to right of way acquisition; therefore, replacement of the waterline is now proposed to be completed first as part of this project. The critical 16-inch water transmission main, originally installed in the 1960’s, will be replaced with 24-inch ductile iron pipe. This upgrade will eliminate capacity constraints and improve water flow. Replacing these waterlines will result in lower costs to the City and reduced customer impacts associated with emergency repairs. By minimizing or eliminating emergency repairs, maintenance staff will have more time to focus on preventive maintenance, which in turn extends service life of other water distribution assets. Previous Council or Advisory Body Action This Project was identified in the 2021-23 Financial Plan that was approved by Council. Public Engagement Public engagement was conducted during the initial identification of this Project to be included in the 2021-23 Financial Plan. In addition, notifications will be sent out to affected businesses and residents prior to the start of construction and during construction when waterline connections are made. CONCURRENCE This project has the concurrence of the Utilities Department. ENVIRONMENTAL REVIEW The project is categorically exempt from environmental review under Section 15302 Class 2(c) of the California Environmental Quality Act (CEQA) Guidelines (Replacement of Reconstruction) because the replacement of the water transmission mains would result in no expansion of use. Section 15302 Class 2(c) specifies that “Replacement or reconstruction of existing utility systems and/or facilities involving negligible or no expansion of use” is categorically exempt from environmental review. A Notice of Exemption will be filed through the Community Development Department. Page 20 of 280 Item 6c FISCAL IMPACT Budgeted: Yes Budget Year: 2021-23 Funding Identified: Yes Fiscal Analysis: Funding Sources Total Budget Available Current Funding Request Remaining Balance Annual Ongoing Cost General Fund State Federal Fees Water Fund: $1,630,450 $1,550,000 $80,450 N/A Total $1,630,450 $1,550,000 $80,450 N/A California Boulevard and Taft Street Water Main Replacement (2000545) Construction Estimate $1,200,000 Contingencies $340,000 Material Testing $9,500 Printing $500 Total Cost of Project $1,550,000 Total Available Funding $1,630,450 Remaining Balance $80,450 Waterline improvements identified in this project are described in the 2021 -23 Financial Plan. Funding for this project is available in the Project Account (20005 45) which has a current balance of $1,630,450 and will provide sufficient funding to support the project costs. All utility improvement projects are classified as high -risk due to many unknown subsurface conditions. Experience from previous waterline replacement projects indicate that higher contingencies are required to cover the additional cost of modifying unknown utility conflicts and unknowns encountered during roadway excavation. ALTERNATIVES Deny or defer approval to advertise. The City Council may choose to deny or defer the approval to advertise this project. Staff does not recommend this option, as the water mains included in this project continue to deteriorate and pose a high risk of catastrophic failure, requiring expensive repairs. Page 21 of 280 Item 6c ATTACHMENTS A - Project Plans (Spec. 2000545) B - Project Specifications (Spec. 2000545) Page 22 of 280 2000545 Page 23 of 280 126&$/( *( 1 ( 5 $ / 1 2 7 ( 6 3$$/ 15 *1 35(/,0,1$5<127 )25&216758&7,21 68%0,77$/ &$ / , ) 2 5 1 , $ % 2 8 / ( 9 $ 5 ' 7 $ ) 7 6 7 5 ( ( 7 :$ 7 ( 5 0 $ , 1 5 ( 3 / $ & ( 0 ( 1 7 &,7<63(&,),&$7,2112 '$7( 35 2 - ( & 7 7 , 7 / ( 6+ ( ( 7 7 , 7 / ( RI 6+((712 '(6,*1('%< '5$:1%< &+(&.('%< &5 $33529('%< -': 6&$/( 3/$1),/(12/2&$7,21 ?? J K G Q H W ? J K G ? 8 6 ? 6 D Q / X L V 2 E L V S R ? 3 U R M H F W V ? ? ? ' L J L W D O B ' HV L J Q ? $ & $ ' ? ; 5 ( ) 6 ? % ' 5 B : 7 5 G Z J $ 0 %'5B:75GZJ 2000545 Page 24 of 280 126&$/( *( 1 ( 5 $ / 1 2 7 ( 6 3$$/ 15 35(/,0,1$5<127 )25&216758&7,21 68%0,77$/ *1 ȭ &$ / , ) 2 5 1 , $ % 2 8 / ( 9 $ 5 ' 7 $ ) 7 6 7 5 ( ( 7 :$ 7 ( 5 0 $ , 1 5 ( 3 / $ & ( 0 ( 1 7 &,7<63(&,),&$7,2112 '$7( 35 2 - ( & 7 7 , 7 / ( 6+ ( ( 7 7 , 7 / ( RI 6+((712 '(6,*1('%< '5$:1%< &+(&.('%< &5 $33529('%< -': 6&$/( 3/$1),/(12/2&$7,21 ?? J K G Q H W ? J K G ? 8 6 ? 6 D Q / X L V 2 E L V S R ? 3 U R M H F W V ? ? ? ' L J L W D O B ' HV L J Q ? $ & $ ' ? ; 5 ( ) 6 ? % ' 5 B : 7 5 G Z J $ 0 %'5B:75GZJ 2000545 Page 25 of 280 2000545 Page 26 of 280 2000545 Page 27 of 280 2000545 Page 28 of 280 SPECIAL PROVISIONS FOR CITY OF SAN LUIS OBISPO California Boulevard and Taft Street Water Main Replacement Specification No. 2000545 August 2024 PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION 919 Palm Street San Luis Obispo, CA 93401 (805) 781-7200 Page 29 of 280 California Boulevard and Taft Street Water Main Replacement Specification No. 2000545 Approval Date: September 17, 2024 Hai Nguyen September xx, 2024 Brian Nelson September xx, 2024 Page 30 of 280 TABLE OF CONTENTS NOTICE TO BIDDERS ..................................................................................................... I BID SUBMISSION ...................................................................................................................................... I BID DOCUMENTS .................................................................................................................................... II PROJECT INFORMATION....................................................................................................................... III QUALIFICATIONS .................................................................................................................................... III AWARD .................................................................................................................................................... IV ACCOMMODATION .................................................................................................................................. V BID FORMS .................................................................................................................... A BID ITEM LIST FOR CALIFORNIA BOULEVARD AND TAFT STREET WATER MAIN REPLACEMENT, SPECIFICATION NO. 2000545 ................................................................................................................ A LIST OF SUBCONTRACTORS ................................................................................................................ C PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT .............................................................. D PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE ......................................................... D PUBLIC CONTRACT CODE SECTION 10232 STATEMENT ................................................................. D LABOR CODE SECTION 1725.5 STATEMENTS ................................................................................... D NON-COLLUSION DECLARATION .......................................................................................................... F BIDDER ACKNOWLEDGEMENTS .......................................................................................................... G QUALIFICATIONS .................................................................................................................................... H ATTACH BIDDER'S BOND TO ACCOMPANY BID ................................................................................... I SPECIAL PROVISIONS .................................................................................................. 1 DIVISION I GENERAL PROVISIONS ....................................................................................................... 1 1 GENERAL ........................................................................................................................................... 1 3 CONTRACT AWARD AND EXECUTION ........................................................................................... 1 4 SCOPE OF WORK ............................................................................................................................. 2 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC ....................................................... 2 8 PROSECUTION AND PROGRESS ................................................................................................... 3 DIVISION V SURFACINGS AND PAVEMENTS ....................................................................................... 6 39 ASPHALT CONCRETE .................................................................................................................... 6 DIVISION VIII MISCELLANEOUS CONSTRUCTION .............................................................................. 6 77 LOCAL INFRASTRUCTURE ............................................................................................................ 6 DIVISION IX TRAFFIC CONTROL DEVICES......................................................................................... 12 84 MARKINGS ..................................................................................................................................... 12 DIVISION XIII APPENDICES .................................................................................................................. 12 APPENDIX A - FORM OF AGREEMENT ....................................................................... 0 APPENDIX B – CALTRANS ENCROACHMENT PERMIT .............................................. 3 Page 31 of 280 NOTICE TO BIDDERS i NOTICE TO BIDDERS BID SUBMISSION Sealed bids will be received by the City of San Luis Obispo at the Public Works Administration Office located at 919 Palm Street, San Luis Obispo California, 93401 until 11:00 a.m. on October 24, 2024 at which time they will be publicly opened and read aloud. Public bid opening may be accessed via Microsoft Teams video conference and conference call. In person attendance will be permitted. Attendees are encouraged to wear face masks and practice social distancing. Use the following link: https://teams.microsoft.com/l/meetup- join/19%3ameeting_MzdjYjU1N2ItMTIyMy00YTBiLWExODktYTcyNmM0NGM5NGE3% 40thread.v2/0?context=%7b%22Tid%22%3a%22a78b182d-94e4-4507-a9a9- 330dcb148164%22%2c%22Oid%22%3a%22a8add278-38fa-47c3-8727- acd5a57b58ec%22%7d or join by phone with this number: 1 (209) 645-4165 with Conference ID: 387 397 674# Submit bid in a sealed envelope plainly marked: California Boulevard and Taft Street Water Main Replacement, Specification No. 2000545 Any bid received after the time and date specified will not be considered and will be returned to the bidder unopened. Bids received by Fax or Email will not be considered. By submission of bid you agree to comply with all instruction and requirements in this notice and the contract documents. All bids must be submitted on the Bid Item List form(s) provided and submitted with all other Bid Forms included in these Special Provisions. Each bid must be accompanied by either a: 1. certified check 2. cashier's check 3. bidder's bond made payable to the City of San Luis Obispo for an amount equal to ten percent of the bid amount as a guaranty. Guaranty will be forfeited to the City San Luis Obispo if the bidder, to whom the contract is awarded, fails to enter into the contract. The City of San Luis Obispo reserves the right to accept or reject any or all bids or waive any informality in a bid. Page 32 of 280 NOTICE TO BIDDERS NOTICE TO BIDDERS ii All bids are to be compared based on the City Engineer's estimate of the quantities of work to be done, as shown on the Bid Item List. Bids will only be accepted from bidders that are licensed in compliance with the provisions of Chapter 9, Division III of Business and Professions Code. The award of the contract, if awarded, will be to the lowest responsive bid submitted by a responsible contractor whose bid complies with the requirements prescribed. If the contract is awarded, the contract will be awarded within 60 calendar days after the opening of the bids. Failure to raise defects in the notice to bidders or bid forms prior to bid opening constitute a waiver of those defects. BID DOCUMENTS A copy of the plans and special provisions may be downloaded, free of charge, from the City’s website at: www.slocity.org/government/department-directory/public-works/public-works-bids- proposals No printed copies are available for purchase at the City office. Standard Specifications and Engineering Standards referenced in the Special Provisions may be downloaded, free of charge, from the City’s website at: www.slocity.org/government/department-directory/public-works/documents- online/construction-documents You are responsible to obtain all issued addenda prior to bid opening. Addenda will be available to download at the City’s website listed above or at the office of the City Engineer. All questions must be submitted through Bidsync and if the City determines that a response is required, the City will post an addendum on Bidsync. Contact the project manager, Hai Nguyen at 805-781-7108 or the Public Works Department at (805) 781- 7200 prior to bid opening to verify the number of addenda issued. You are responsible to verify your contact information is correct on the plan holders list located on the City’s website at: www.slocity.org/government/department-directory/public-works/public-works-bids- proposals. Page 33 of 280 NOTICE TO BIDDERS NOTICE TO BIDDERS iii PROJECT INFORMATION In general, the project consists of the replacement of existing waterlines by open trenching. The project estimated construction cost is $1,200,000. Contract time is established as 60 working days. The fixed liquidated damages amount is established at $500 per day for failure to complete the work within the contract time. In compliance with section 1773 of the Labor Code, the State of California Department of Industrial Relations has established prevailing hourly wage rates for each type of workman. Current wage rates may be obtained from the Division of Labor at: https://www.dir.ca.gov/oprl/DPreWageDetermination.htm This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. QUALIFICATIONS You must possess a valid Class A or C34 Contractor's License at the time of the bid opening. You and any subcontractors required to pay prevailing wage must be registered with the Department of Industrial Relations pursuant to Section 1725.5 of the Labor Code. Provide two referenced projects completed as the prime contractor and one referenced project completed as either the prime or subcontractor. All referenced projects must have been completed within the last SEVEN years from this project’s bid opening date. All referenced projects must have installed a minimum of 1,500 linear feet of waterline by open trenching including water service connections within Public Roadways under contract with a City, County, State or Federal government agency. Failure to provide reference projects as specified in this section and as required on the qualification form is cause to reject a bid as being non-responsive. The City reserves the right to reject any bid based on non-responsiveness if a bidder fails to provide a bid that complies with all bidding instructions. Page 34 of 280 NOTICE TO BIDDERS NOTICE TO BIDDERS iv The City reserves the right to reject a responsive bid based on the non-responsibility of the bidder if the Director of Public Works or Designee finds, after providing notice and a hearing to the bidder, that the bidder lacks the 1. knowledge 2. experience, 3. or is otherwise not responsible as defined in Section 3.24 of the San Luis Obispo Municipal Code to complete the project in the best interest of the City. Rejected bidders may appeal this determination. Appeal must comply with the requirements in this Notice to Bidders. It is the City of San Luis Obispo’s intent to award the contract to the lowest responsive bid submitted by a responsible bidder. If in the bidder’s opinion the contract has been or may be improperly awarded, the bidder may protest the contract award. Protests must be filed no later than five working days after either: 1. bid opening date 2. notification of rejected bid. Protest must be in writing and received by the project manager located at: 919 Palm Street San Luis Obispo, CA 93401. Valid protests must contain the following information: 1. the reasons for the protest 2. any supporting documentation 3. the ruling expected by the City to remedy the protest. Any protest not containing all required information will be deemed invalid and rejected. The City will consider additional documentation or other supporting information regarding the protest if submitted in compliance to the specified time limits. Anything submitted after the specified time limit will be rejected and not be considered. The Director of Public Works or Designee may request additional information to be submitted within three days of the request, unless otherwise specified, and will notify the protester of ruling within ten days of determination. If the protester is not satisfied with ruling, the protester may appeal the ruling to the City Council in compliance with Chapter 1.20 of the City of San Luis Obispo Municipal Code. Pursuant to the Public Records Act (Government Code, § 6250, et seq.), the City will make public records available upon request. AWARD The lowest bidder will be determined using the BID TOTAL Page 35 of 280 NOTICE TO BIDDERS NOTICE TO BIDDERS v As a condition to executing a contract with the City, two bonds each equal to one hundred percent of the total contract price are required in compliance with Section 3-1.05 of the Standard Specifications. You may substitute securities for moneys withheld under the contract in compliance with the provisions of the Public Contract Code, Section 10263. ACCOMMODATION If any accommodations are needed to participate in the bid process, please contact Allie Genard at (805) 781-7200 or by Telecommunications Device for the Deaf at (805) 781- 7107. Requests should be made as early as possible in the bidding process to allow time for accommodation. Page 36 of 280 BID FORMS A BID FORMS All bid forms must be completed and submitted with your bid. Failure to submit these forms and required bid bond is cause to reject the bid as nonresponsive. Staple all bid forms together. THE UNDERSIGNED, agrees that they have carefully examined: 1. the location of the proposed work 2. the plans and specifications 3. read the accompanying instructions to bidders and propose to furnish all: 4. materials 5. labor to complete all the required work satisfactorily in compliance with 6. plans 7. specifications 8. special provisions for the prices set forth in the bid item list: BID ITEM LIST FOR CALIFORNIA BOULEVARD AND TAFT STREET WATER MAIN REPLACEMENT, SPECIFICATION NO. 2000545 Item Item Unit of Estimated Item Price Total No. SS(1) Description Measure Quantity (in figures) (in figures) 1 7,12 Traffic Control System LS 1 --------------- 2 7,12 Portable Changeable Message Sign EA 2 3 84 Replace Traffic Striping, Pavement markers and Painted Curbs LS 1 --------------- 4 77 Potholing and Utility Locating LS 1 --------------- 5 77 Temporary Water Main Bypass LS 1 --------------- 6 77 Comply with OSHA LS 1 --------------- 7 7 Comply with Night Work Permit LS 1 --------------- 8 3 Comply with Caltrans Encroachment Permit LS 1 --------------- 9 77 Abandon Waterline, Water Valves and Facilities LS 1 --------------- 10* 19 Rock Excavation CY 100 11 77 8" PVC Pipe LF 150 12 77 24" DI Pipe LF 660 13 77 Waterline Connection and appurtenances (Detail 1, Sheet 6) LS 1 --------------- Page 37 of 280 BID FORMS BID FORMS B Item Item Unit of Estimated Item Price Total No. SS(1) Description Measure Quantity (in figures) (in figures) 14 77 Waterline Connection and appurtenances (Detail 2, Sheet 6) LS 1 --------------- 15 77 Waterline Connection and appurtenances (Detail 3, Sheet 6) LS 1 --------------- 16 77 Waterline Connection and appurtenances (Detail 4, Sheet 6) LS 1 --------------- 17 73 Replace Curb and Gutter Per Eng. Std. 4030 LF 35 18 73 Replace Sidewalk Per Eng. Std. 4110 LF 90 19 73 Fire Hydrant and Lateral EA 1 Bid Total $ Company Name: (1) refers to section in the Standard Specifications, with modifications in the Special Provisions, that describe required work. * Bid item exempt from Section 9-1.06B and 9-1.06C of the Standard Specifications. The unit price will not be adjusted regardless of the final bid item quantity. . Page 38 of 280 BID FORMS BID FORMS C LIST OF SUBCONTRACTORS Pursuant to Section 4100 of the Public Contracts Code and section 2-1.33C of the standard specifications, the Bidder is required to furnish the following information for each Subcontractor performing more than 1/2 percent (0.5%) of the total base bid. Do not list alternative subcontractors for the same work. Subcontracting must not total more than fifty percent (50%) of the submitted bid except as allowed in section 5-1.13 of the standard specifications. For Streets & Highways projects, subcontractors performing less than ten thousand dollars ($10,000) worth of work need not be mentioned. Subcontractors required to pay prevailing wage, must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 to be listed. NOTE: If there are no subcontractors, write “NONE” and submit with bid. Name Under Which Subcontractor is Licensed License Number DIR Public Works Registration Number Address and Phone Number of Office, Mill or Shop Specific Description of Subcontract % of Total Base Bid Attach additional sheets as needed. Page 39 of 280 BID FORMS BID FORMS D PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT In compliance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder, or any subcontractor to be engaged by the bidder, has ____, has not ____ been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. NOTE: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Bid. Signing this Bid on the signature portion constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In compliance with Public Contract Code Section 10162, the Bidder must complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, attach a letter explaining the circumstances PUBLIC CONTRACT CODE SECTION 10232 STATEMENT In compliance with Public Contract Code Section 10232, you hereby state under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against you within the immediately preceding two-year period because of your failure to comply with an order of a federal court which orders you to comply with an order of the National Labor Relations Board. LABOR CODE SECTION 1725.5 STATEMENTS The bidder has delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award. Any judgment, order, or determination that is Page 40 of 280 BID FORMS BID FORMS E under appeal is excluded, provided that the contractor has secured the payment of any amount eventually found due through a bond or other appropriate means. Yes No The bidder is currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works. Yes No NOTE: The above Statements and Questionnaire are part of the Bid. Signing this Bid on the signature portion constitute signature of this Statement and Questionnaire. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Page 41 of 280 BID FORMS BID FORMS F NON-COLLUSION DECLARATION I, , declare that I am of , the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone refrained from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Executed on , 20 , in __ I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. (Signature and Title of Declarant) (SEAL) Subscribed and sworn to before me this _______day of _________, 20_____ Notary Public Company Name:____________________ Page 42 of 280 BID FORMS BID FORMS G BIDDER ACKNOWLEDGEMENTS By signing below, the bidder acknowledges and confirms that this bid is based on the information contained in all contract documents, including the notice to bidders, plans, specifications, special provisions, and addendum number(s) . (Note: You are responsible to verify the number of addenda prior to the bid opening.) The undersigned further agrees that in case of default in executing the required contract, with necessary bonds, within eight days, (not including Saturdays, Sundays, and legal holidays), after having received a mailed notice that the contract is ready for signature, the proceeds of the check or bond accompanying his bid will become the property of the City of San Luis Obispo. Licensed in accordance with an act providing for the registration of contractors, License No. , Expiration Date . The above statement is made under penalty of perjury, and any bid not containing this information "will be considered non-responsive and will be rejected” by the City. Signature of Bidder (Print Name and Title of Bidder) DIR– Public Works Registration No: Business Name (DBA): Owner/Legal Name: Indicate One: Sole-proprietor Partnership Corporation List Partners/Corporate Officers: Name Title Name Title Name Title Business Address Street Address Mailing Address City, State, Zip Code Phone Number Fax Number Email Address Date Page 43 of 280 BID FORMS BID FORMS H QUALIFICATIONS Failure to furnish complete reference information ON THIS FORM, as specified in this project’s Notice to Bidders and indicated below, is cause to reject the bid. Additional information may be attached but is not a substitute for this form. Reference Number 1 Customer Name & Contact Individual Telephone & Email Project Name (Site Address): Did this project install a minimum of 1,500 LF of waterline by open trenching within public roadways? Yes □ No □ Describe the services provided and how this project is similar to that which is being bid: Date project completed: Was this contract for a public agency? Yes □ No □ Reference Number 2 Customer Name & Contact Individual Telephone & Email Project Name (Site Address): Did this project install a minimum of 1,500 LF of waterline by open trenching within public roadways? Yes □ No □ Describe the services provided and how this project is similar to that which is being bid: Date project completed: Was this contract for a public agency? Yes □ No □ Reference Number 3 Customer Name & Contact Individual Telephone & Email Project Name (Site Address): Did this project install a minimum of 1,500 LF of waterline by open trenching within public roadways? Yes □ No □ Describe the services provided and how this project is similar to that which is being bid: Date project completed: Was this contract for a public agency? Yes □ No □ Page 44 of 280 BID FORMS BID FORMS I ATTACH BIDDER'S BOND TO ACCOMPANY BID Know all men by these presents: That we ____________________________________________, AS PRINCIPAL, and _______________________________________________________, AS SURETY, are held and firmly bound unto the City of San Luis Obispo in the sum of: ____________________________________________________ Dollars (_____________) to be paid to said City or its certain attorney, its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors or assigns, jointly and severally, firmly by these presents: THE CONDITION OF THIS OBLIGATION IS SUCH, that if the certain bid of the above bounden ______________________________________________________________________ to construct ___________________________________________________________________ (insert name of street and limits to be improved or project) dated _____________________ is accepted by the City of San Luis Obispo, and if the above bounden _______________________________________________________, his heirs, executors, administrators, successors, and assigns shall duly enter into and execute a contract for such construction and shall execute and deliver the two bonds described within ten (10) days (not including Saturdays, Sundays, or legal holidays) after the above bounden, ______________________________________________________, has received notice by and from the said City of San Luis Obispo that said contract is ready for execution, then this obligation shall become null and void; otherwise, it shall be and remain in full force and virtue. IN WITNESS WHEREOF, we hereunto set our hands and seals this ___ day of ______, 20____. Bidder Principal: Signature Date Title: Surety: Bidder's signature is not required to be notarized. Surety's signature must be notarized. Equivalent form may be substituted (Rev. 6-30-14) Page 45 of 280 SPECIAL PROVISIONS 1 SPECIAL PROVISIONS ORGANIZATION Special provisions are under headings that correspond with the main section heading of the Standard Specifications. Each special provision begins with a revision clause that describes or introduces a revision to the Standard Specifications. Any paragraph added or deleted by a revision clause does not change the paragraph number of the Standard Specifications for any other reference to a paragraph of the Standard Specifications. DIVISION I GENERAL PROVISIONS 1 GENERAL Add to Section 1-1.01 GENERAL: The work must be done in compliance with the City of San Luis Obispo, Department of Public Works: 1. California Boulevard and Taft Street Water Main Replacement Special Provisions 2. City of San Luis Obispo Standard Specifications and Engineering Standards – 2020 edition 3. State of California, Department of Transportation Standard Specifications and Standard Plans – 2015 edition In case of conflict between documents, governing ranking must comply with section 5- 1.02 of the City of San Luis Obispo’s Standard Specifications. Failure to comply with the provisions of these sections is a material breach of contract: 1. Sections 5 through 8 of the Standard Specifications 2. Section 12 through 15 of the Standard Specifications 3. Section 77-1 of the Standard Specifications 4. Section 81 of the Standard Specifications 5. authorized working hours 6. OSHA compliance 3 CONTRACT AWARD AND EXECUTION Add Section 3-1.18B CONTRACT EXECUTION, Caltrans Encroachment Permit: Compliance with Caltrans Encroachment permit and traffic control shall conform to the provisions of Section 12 “Temporary Traffic Control”, of the Standard Specifications and these Special Provisions. Measurement and Payment The lump sum contract price paid to comply with Caltrans Encroachment Permit shall include full compensation for furnishing all labor, materials, tools, equipment, personnel, and for doing all the work involved to comply with all Caltrans encroachment permit requirements. Page 46 of 280 SPECIAL PROVISIONS SPECIAL PROVISIONS 2 4 SCOPE OF WORK Add to Section 4-1.03 WORK DESCRIPTION: Comply with the provisions of Sections 3, 7, 12, 19, 73, 77 and 84 for general, material, construction, and payment specifics. 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC Add to Section 7-1.03B PUBLIC CONVENIENCE, Traffic Control Plan All work except required nighttime waterline tie-ins must be completed during normal working hours of Monday through Friday 7:00 a.m. to 4:00 p.m. Waterline tie-ins required to be completed as night work must be constructed between 7:00 p.m. and 7:00 a.m. Contractor to work with engineer to confirm the shut down times prior to initial shutdowns. Additionally, two changeable message signs (CMS) must be installed and operational 4 week prior to the start of construction and be maintained throughout the duration of the project. CMS devices shall be programmed for two flashes with messages to be approved by the Engineer. Provide traffic control plan and traffic control application at or before the preconstruction meeting. Traffic control plan must be drawn to scale. Traffic control application may be obtained on the City’s website: www.slocity.org/government/department-directory/public-works/documents- online/construction-documents Upon approval of the traffic control plan, the City will issue a no-fee Encroachment Permit. Permittee is responsible to comply with all conditions of the traffic control plan. Complete work using due diligence to restore free flowing of traffic. NIGHT WORK Night work is permitted separately. Night work shall comply with the restrictions set forth in the permit by the City of San Luis Obispo Community Development. It is the contractor’s responsibility to keep track of the Night Work Permit expiration date. Requests to extend the Night Work Permit must be submitted to the Engineer at least 4 weeks prior to the permit expiration date. Night work is defined as work between the hours of 7:00 P.M. and 7:00 A.M (Sunday through Thursday). Prior to commencing the project, the contractor must notify businesses and residences within 300 feet of the worksite about proposed night work. Page 47 of 280 SPECIAL PROVISIONS SPECIAL PROVISIONS 3 Any portable or fixed equipment that produces noise (such as generators, concrete saws, jack hammers, etc.) must be equipped with sound blankets, temporary sound barriers, or other attenuating devices so as to limit impacts to adjoining properties. When not in use, equipment must be kept in its lowest (quietest) idling state or switched off to limit noise impacts. Any portable lighting must be shielded and/or directed away from adjacent properties. Loudspeakers or other similar forms of communication is prohibited. Contractor will provide lighting for all operations, no exceptions are to be made. Any contractor personnel working outside the lights will be directed to return to a lighted area or the operation must be stopped. All contractor work vehicles, including heavy equipment, backhoes, trenching machines must have two working headlights and taillights. Vehicles without appropriate lighting will be kept from working until they are brought to compliance. Illumination level of 10-foot candles is required for all nighttime operations, which will normally be achieved with light plants or balloon lights. All lighting fixtures must be mounted and directed in manner precluding glare to approaching traffic. 8 PROSECUTION AND PROGRESS Replace the 1st paragraph in Section 8-1.02A SCHEDULE, General with: Provide a Level 1 schedule for this work. Replace Section 12-4.04 PEDESTRIAN FACILITIES with: 12-4.04 TEMPORARY PEDESTRIAN ACCESS ROUTES 12-4.04A General 12-4.04A(1) Summary Section 12-4.04 includes specifications for providing, maintaining, and removing temporary pedestrian access routes. A temporary pedestrian access route includes temporary traffic control devices as shown except for Type K temporary railing and temporary crash cushions. 12-4.04A(2) Definitions Reserved 12-4.04A(3) Submittals If work activities require the closure of a pedestrian route and a temporary pedestrian access route is not shown, submit a work plan for a temporary pedestrian access route. The work plan must: Page 48 of 280 SPECIAL PROVISIONS SPECIAL PROVISIONS 4 1. Describe the activities, processes, equipment, and materials that will be used to provide the temporary access route 2. Show the locations of the routes and the placement of traffic control devices for each stage of work 3. Include a time-scaled logic diagram displaying the sequence and duration of the planned activities for each stage of work 4. Be sealed and signed by an engineer who is registered as a civil engineer in the State Submit “Temporary Pedestrian Access Route Contractor Compliance Report,” within 2 business days after construction of a temporary pedestrian access route, Submit “Temporary Pedestrian Access Route Contractor Weekly Report,” within 2 business days of completing a weekly inspection. 12-4.04A(4) Quality Assurance 12-4.04A(4)(a) General Reserved 12-4.04A(4)(b) Quality Control Perform a review of the temporary pedestrian access route after it is constructed and document compliance on the “Temporary Pedestrian Access Route Contractor Compliance Report.” The Department will conduct a verification inspection after receiving the compliance report. For a temporary pedestrian access route in use perform a weekly review and document compliance on the “Temporary Pedestrian Access Route Contractor Weekly Report.” 12-4.04B Materials The walkway surface must be slip resistant and surfaced with minor HMA or commercial- quality, bituminous material, commercial-quality concrete, or wood. A handrail with a circular cross section must have an outer diameter from 1-1/4 to 2 inches. A handrail with a noncircular cross section must have a perimeter from 4 to 6-1/4 inches and a maximum cross-section dimension of 2-1/4 inches. Fasteners must be rounded to prevent injury to a pedestrian's fingers, hands, and arms and to eliminate sharp edges that could catch on clothing. A detectable warning surface must be on the Authorized Material List for detectable warning surfaces and match yellow color no. 33538 of FED-STD-595. Temporary traffic control devices used to channelize pedestrians must: Page 49 of 280 SPECIAL PROVISIONS SPECIAL PROVISIONS 5 1. Be free of sharp or rough edges 2. Have a continuous detectable edging at least 6 inches high and at no more than 2 inches above the walkway surface 3. Be at least 32 inches in height 4. Have smooth connection points between devices to allow for a handrail 5. Have a top and bottom surface in the same vertical plane 12-4.04C Construction Notify the Engineer five (5) business days before closing an existing pedestrian route. Do not close the route until authorized. If work activities require the closure of a pedestrian route and a temporary pedestrian access route is not shown, provide a temporary pedestrian access route near the traveled way. You may route pedestrians using the existing sidewalk or by constructing a temporary access route. If a bid item for a temporary pedestrian access route is not shown on the Bid Item List, then constructing a temporary pedestrian access route is change order work except, when the closure is a result of your means and methods. Construct a temporary pedestrian access route such that: 1. Walkway surface is firm and stable and free of irregularities 2. Cross slope of the pedestrian route is at most 50:1 (horizontal:vertical) 3. Longitudinal slope of the pedestrian route is at most 20:1 (horizontal:vertical) 4. Walkway, landings, blended transitions, and curb ramps are at least 60 inches wide except where not feasible, the width must be at least 48 inches wide with a 60-by- 60-inch passing space at least every 200 feet 5. Lateral joints or gaps between surfaces are less than 1/2 inch wide 6. Discontinuities in surface heights are less than 1/2 inch and beveled if greater than 1/4 inch with a slope no greater than 2:1 (horizontal:vertical) 7. Ramps have: 7.1. Longitudinal slope of at most 12:1 (horizontal:vertical) 7.2. Rise less than 30 inches 7.3. Protective edging at least 2 inches high on each side and handrails at a height from 34 to 38 inches above the walkway surface if the rise is greater than 6 inches 8. Curb ramps have: 8.1. Longitudinal slope of at most 12:1 (horizontal:vertical) 8.2. Protective edging at least 2 inches high on each side if the curb ramp does not have flares and the rise is greater than 6 inches 9. Pedestrians are channelized when routed off existing pedestrian routes Construct handrails such that they are continuous, smooth and free of sharp or rough edges. Page 50 of 280 SPECIAL PROVISIONS SPECIAL PROVISIONS 6 Provide an overhead covering to protect pedestrians from falling objects and drippings from overhead structures. If the temporary access route is next to traffic or work activities, place a temporary barrier to separate the route from vehicles and equipment. Install a detectable warning surface at locations where a curb ramp, landing, or blended transition connects to a street. Install the warning surface such that it extends a minimum of 36 inches in the direction of travel and for the full width of the landing, blended transition, or curb ramp, excluding the flares. Maintain the temporary pedestrian access route clear of obstructions. Do not allow traffic control devices, equipment, or construction materials to protrude into the walkway. Maintain a continuous unobstructed path connecting all pedestrian routes, parking lots, and bus stops located within the project limits. Remove the temporary pedestrian access route when the Engineer determines it is no longer needed. Provide a temporary pedestrian access route through falsework under section 16-2.02. DIVISION V SURFACINGS AND PAVEMENTS 39 ASPHALT CONCRETE Add to Section 39-1.02B MATERIALS, Tack Coat All vertical edges and surfaces to be paved against shall be tack coated. These include, but are not limited to, curb faces, gutter lips, swale edges, cross gutter edges, and asphalt concrete edges. Replace Section 39-1.02F MATERIALS, Reclaimed Asphalt Pavement (RAP) with: Asphalt concrete with 25% RAP may be used for paving operations. DIVISION VIII MISCELLANEOUS CONSTRUCTION 77 LOCAL INFRASTRUCTURE Add to Section 77-1.03A(3) Groundwater Float rock may be substituted for initial backfill when ground water is present per Engineering Standard 6020. Full compensation for removing water or dewatering excavations and backfilling with float rock is included in the payment for other bid items unless a bid item of work is shown on the Bid Item List. Add to Section 77-1.03B(1) TRENCH CONSTRUCTION, General All abandoned waterlines encountered partially or entirely within the trench section for the new waterline must be removed and disposed of. The active/abandoned status of all waterlines has been shown on the plans. The Contractor must notify the City immediately if any waterline shown as abandoned is found to be active. No additional compensation will Page 51 of 280 SPECIAL PROVISIONS SPECIAL PROVISIONS 7 be allowed for removal of abandoned waterline. If, at any point during the project, a trench is excavated within 5 feet of the wall of the trench, of an active utility such as a waterline, or any other utility that could potentially break, the Contractor must provide shoring as necessary to prevent movement of existing lines. Replace the 1st paragraph of Section 77-1.02C(1) MATERIALS, Tracer Material - Tape with: Use “Terra Tape – Blue, Water) as manufactured by Griffolyn Company, Inc., Houston, Texas or an approved equal for tracing pipe material. Add to Section 77-1.03D Surface Restoration Geotechnical borings and potholing of existing utilities indicate that the streets are paved with 6 inches to 12 inches of AC. Repair trench paving must be with 10 inches of AC. Add to Section 77-2.02B(1) MATERIALS, Ductile Iron Pipe Ductile iron pipe must be fully restrained at all joints. Joint restraint must be achieved with the use of the following methods: 1. Restrained joint pipe, TR FLEX by US pipe, or approved equal 2. Push-on joint pipe with restraining gaskets is not allowed. Method and materials of joint restraints must be approved by the ductile iron pipe manufacturer. Add between 6th and 7th paragraph of Section 77-2.02C MATERIALS, Joints and Fittings: Restrained coupling type must be either: 1. EBAA Iron, or 2. Approved equal Replace Section 77-2.02D(1) MATERIALS, Valves – Gate Valves (3 inch to 12 inch) with: All gate valve must be meeting the following requirements: 1. Mechanical joint or flange 2. Resilient seated with fully encapsulated gate 3. Epoxy coated inside and outside 4. Full-size waterway 5. Open to the left 6. Non-rising stems with o-ring seals 7. Complete with cast iron glands 8. High strength cast iron tee-head bolts and hex nuts 9. Plain rubber gaskets conforming to ASA specification A21.11 10. 300-psi working pressure rating 11. Tested to 400 psi 12. Meet the requirements of AWWA C509 Page 52 of 280 SPECIAL PROVISIONS SPECIAL PROVISIONS 8 13. Preferred manufacturer: a. AVK b. Clow, or c. Approved equal Add to the end of Section 77-2.02D(2) MATERIALS, Valves – Butterfly Valves (14 inch to 24 inch): The following requirements shall supersede the abovementioned requirements as applicable when the static pressure of the pipeline in which the BFV is to be installed exceeds 250psi: 1. Butterfly valves shall be manufactured for a full differential pressure of 350 psig. The valves shall be capable of operating at pressures of 350 psi. 2. Flanges shall be compatible with ANSI B16.5. 3. The body shall be constructed of Ductile Iron ASTM A536 Gr. 65-45-12, with flanged end connections drilled in accordance with ANSI B16.1, Class 250. The body wall thickness shall be in strict accordance with AWWA C504 Table #1, for gray iron 250B valves. 4. Class 250B butterfly valves shall be submitted to the Engineer for approval prior to ordering or delivering. 5. Manual actuators shall be of the traveling nut, self-locking type and shall be designed to hold the valve in any intermediate position between fully open and fully closed without fluttering or creeping. The actuator shall have mechanical stops that will withstand an input torque of 450 lb./ ft. against each stop. Manual actuators shall conform to AWWA Standard C504. 6. Preferred manufacturer: a. McWane/M&H b. Mueller, or c. Approved equal Add to Section 77-2.03H Existing Water Pipes The contractor must submit a tie-in plan, which will be reviewed and accepted by the Engineer prior to any shutdown of existing waterline. The plan must detail the Contractor’s staffing levels, tie-in materials, equipment to be on site during tie-in procedure, and step- by-step plan for completing all tie-ins within the allotted times. The Contractor must coordinate with the City to shut down waterlines. Contractor must notify the Engineer a minimum of 5 working days prior to a waterline being taken out of service. Special considerations must be given to buildings with fire lines and City Standard Specification 77-2.03H(2) will be strictly enforced. A complete crew must be available per each water line tie-in. A complete crew must include, at a minimum, excavation equipment, and operator, and two laborers experienced in pipeline work. Tie-ins must be completed within four (4) hours from the time water is turned off until the system is put back into service. Liquidated damages will be assessed in the amount of $500 per hour for each hour or portion thereof for which the reinstatements of water supplies are delayed beyond 4 hours. Page 53 of 280 SPECIAL PROVISIONS SPECIAL PROVISIONS 9 Replace Section 77-2.03J(4) Pressure with: All new water facilities must be pressure tested, after water facilities: 1. have been placed and isolated from the existing water system 2. trenches have been backfilled 3. concrete thrust blocks have cured for a minimum of 36 hours 4. have passed disinfection testing You may pressure test a new water facility against an existing valve that is closed at your own risk. The existing valve cannot be guaranteed not to leak. If the valve leaks or if the line looses pressure, the test must be stopped immediately. You are responsible to modify the new pipe work by adding temporary blow-offs or other method, approved by the Engineer, to allow the testing to occur at no additional cost to the City. If hydrants or blowoffs are not available for expelling air, taps must be made at points of highest elevation before any tests are made. After tests have been completed, insert plugs in the pipe taps. Pressure test new water and recycled water facilities as follows: 1. Pressurize new water facility to 225 psi (minimum of 215 psi and maximum of 235 psi); and 2. Maintain pressure for two hours Evaluate leakage 3. After steps 1 and 2, pressurize new water facility to 150 psi (minimum of 145 psi and maximum of 155 psi) for potable facilities and 200 psi (minimum of 195 psi and maximum of 205 psi) for recycled water facilities; and 4. Maintain pressure for four hours 5. Evaluate leakage New potable and recycled water facility will not be accepted until the leakage is less than the number of gallons as determined by the following table: Allowable Leakage (Gallons) per Joint per Hour Diameter (inches) 4” 6” 8” 10” 12” 14” 16” 18” 20” 24” PVC 0.0067 0.0100 0.0133 0.0167 0.0200 0.0233 0.0267 0.0300 0.0333 0.0400 Ductile Iron 0.0075 0.0110 0.0148 0.0184 0.0220 0.0258 0.0294 0.0332 0.0368 0.0442 The total allowable leakage is calculated by multiplying the leakage per joint in gallons per hour for the diameter of the pipe tested as obtained from the above table, by the duration of the test in hours and the total number of joints. Total Allowable Leakage (Gallons) = Allowable Leakage per Joint per Hour × Number of Hours × Number of Joints The measured leakage must be less than or equal to the total allowable leakage. Page 54 of 280 SPECIAL PROVISIONS SPECIAL PROVISIONS 10 𝑀𝑒𝑎𝑠𝑢𝑟𝑒𝑑 𝐿𝑒𝑎𝑘𝑎𝑔𝑒 𝑇𝑜𝑡𝑎𝑙 𝐴𝑙𝑙𝑜𝑤𝑎𝑏𝑙𝑒 𝐿𝑒𝑎𝑘𝑎𝑔𝑒 If the section under test contains joints of various diameters, the allowable leakage will be the sum of the computed leakage for each size joint. Remove and replace any defective: 1. pipes 2. fittings 3. valves 4. hydrants, or 5. consumer water services discovered during pressure test and repeat test. Add to Section 77-2.03C Fire Hydrant Existing fire hydrants taken out of service or new fire hydrants, not yet connected to the water system, or in any way, not ready for service must be designated as out of service. Out of service hydrants must be covered with a bag for the entire duration each hydrant is out of service. Add to Section 77-2.03J(2) Flushing Discharge of water into a sanitary sewer manhole must not exceed 150 gallons per minute and only during dry weather conditions and must be properly dechlorinated. Downstream manholes must be monitored for any surcharging while discharging water into a manhole. Discharge locations must be coordinate with the Engineer. Add Section 77-2.03K Sequence of Major Waterline Work Contractor shall conform to the following work sequence to minimize operational impact to the existing water conveyance system: 1. Phase 1 a. Construct temporary relocation for existing 8-inch water mains in Stafford Street and Taft Street with the existing 16-inch water main in California Boulevard at the crossings with the new 24-inch water main (Sta 20+20+/- and Sta 24+10+/-). The new 24-inch water main will be in conflict with these two existing 8-inch water mains. 2. Phase 2 a. Construct the new 24-inch water main in California Boulevard, the new 8- inch water main in Stafford Street, the new fire hydrant and lateral line in Stafford Street, and the new 8-inch water main connection in Taft Street as shown in the Design Plans to within 20 feet of the connection points with existing water mains. Disinfect and test the constructed portions with potable water from nearby fire hydrant in accordance with Section 77-2.03J of the City Standard Specifications. Isolate the new 8-inch water main connection in Taft Street with the new valve. 3. Phase 3 Page 55 of 280 SPECIAL PROVISIONS SPECIAL PROVISIONS 11 a. Assemble the north connection piping and valve assembly at California Boulevard and Stafford Street above ground. Disinfect and test the assembly prior to install per Section 77-2.03J of the City Standard Specifications. The assembly shall be hoisted as a single unit into the excavation to minimize the connection time. b. Isolate the existing 24-inch water main in California Boulevard at the nearest valve to the connection points (to be coordinated with the City). c. Excavate to expose the north connection point of the new 24-inch water main in California Boulevard. Remove interfering portions of the existing pipeline. Construct the temporary blow-off on the existing 16-inch water main south of the connection. d. Install the connection assemblies and connect the new 24-inch water main in California Boulevard, the new 8-inch water main in Stafford Street and the existing 24-inch water main with this assembly. Isolate the new 8-inch water main in Stafford Street with the new valve. This step shall be performed during nighttime work hours as defined in Section 5-1.01 of these special provisions. Shut down period shall not exceed 4 hours. 4. Phase 4 a. Isolate the existing 8-inch water main in Stafford Street at the nearest valve to the connection point (to be coordinated with the City). Connect the east end of the new 8-inch water main in Stafford Street with the existing 8-inch water main. b. Isolate the existing 8-inch water main in Taft Street at the nearest valve to the connection point (to be coordinated with the City). Connect the east end of the new 8-inch water main connection in Taft Street with the existing 8- inch water main. 5. Phase 5 a. Assemble the south connection piping and valve assemblies above ground. Disinfect the assembly prior to install per Section 77-2.03J of the City Standard Specifications. The assembly shall be hoisted as a single unit into the excavation to minimize the connection time. b. Isolate the existing 16-inch water main in California Boulevard at the nearest valve to the connection points (to be coordinated with the City). c. Excavate to expose the south connection points of the new 24-inch water main in California Boulevard. Remove interfering portions of the existing pipeline. d. Install the connection assemblies and connect the new 24-inch water main and the existing 16-inch water main with this assembly. This step shall be performed during nighttime work hours as defined in Section 5-1.01 of these special provisions. Shut down period shall not exceed 4 hours. 6. Phase 6 a. Abandon in-place existing water mains in California Boulevard, Stafford Street and Taft Street as shown on the Design Plans. Remove existing fire hydrant on Stafford Street. Remove valves that are no longer in use per City Standard Detail No. 6050. Page 56 of 280 SPECIAL PROVISIONS SPECIAL PROVISIONS 12 b. Perform pavement restoration as denoted on the Design Plans and City Standard Detail No. 6050. Full compensation for conforming to the requirements of this section will be considered as included in the contract prices paid for the various items of work involved and no additional compensation will be allowed therefor. Add Section 77-2.04 Payment Payment for “Comply with OSHA” shall include full compensation for furnishing all labor, materials, tools, equipment, personnel, medical screening and incidentals, including shoring and all trench stabilization, and for doing all the work involved to comply with all OSHA regulations pertinent to the types of work to be done under this contract, including preparation of worker protection plan required by Sections 6705 and 6707 of the Labor Code, and no additional compensation will be allowed therefor. DIVISION IX TRAFFIC CONTROL DEVICES 84 MARKINGS Add to Section 84-2.03C Application of Stripes and Markings: Preformed thermoplastic is not allowed. DIVISION XIII APPENDICES Add 100-1.01 Appendices 1. Appendix A - Form of Agreement 2. Appendix B – Shutdown Maps 3. Appendix C - Geotechnical Reports Page 57 of 280 APPENDIX APPENDIX 0 APPENDIX A - FORM OF AGREEMENT THIS AGREEMENT, made on _____________, by and between the City of San Luis Obispo, a municipal corporation and charter city, San Luis Obispo County, California (hereinafter called the Owner) and COMPANY NAME (hereinafter called the Contractor). WITNESSETH: That the Owner and the Contractor for the consideration stated herein agree as follows: ARTICLE 1, SCOPE OF WORK: The Contractor shall perform everything required to be performed, shall provide and furnish all of the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required to complete all the work of construction of NAME OF PROJECT, SPEC NO. in strict compliance with the plans and specifications therefor, including any and all Addenda, adopted by the Owner, in strict compliance with the Contract Documents hereinafter enumerated. It is agreed that said labor, materials, tools, equipment, and services shall be furnished and said work performed and completed under the direction and supervision and subject to the approval of the Owner or its authorized representatives. ARTICLE II, CONTRACT PRICE: The Owner shall pay the Contractor as full consideration for the faithful performance of this Contract, subject to any additions or deductions as provided in the Contract Documents, the contract prices as follows: Item No. Item Unit of Measure Estimated Quantity Item Price (in figures) Total (in figures) 1. 2. 3. BID TOTAL: $ .00 Payments are to be made to the Contractor in compliance with and subject to the provisions embodied in the documents made a part of this Contract. Should any dispute arise respecting the true value of any work omitted, or of any extra work which the Contractor may be required to do, or respecting the size of any payment to the Contractor, during the performance of this Contract, said dispute shall be decided by the Owner and its decision shall be final, and conclusive. Page 58 of 280 APPENDIX APPENDIX 1 ARTICLE III, COMPONENT PARTS OF THIS CONTRACT: The Contract consists of the following documents, all of which are as fully a part thereof as if herein set out in full, and if not attached, as if hereto attached: 1. Notice to Bidders and Information for Bidders 2. Standard Specifications and Engineering Standards 3. Special Provisions, any Addenda, Plans and Contract Change Orders 4. Caltrans Standard Specifications and Standard Plans 2015 5. Accepted Bid and Bid Bond 6. List of Subcontractors 7. Public Contract Code Sections 10285.1 Statement 8. Public Contract Code Section 10162 Questionnaire 9. Public Contract Code Section 10232 Statement 10. Labor Code Section 1725.5 Statements 11. Bidder Acknowledgements 12. Qualifications 13. Non-collusion Declaration 14. Agreement and Bonds 15. Insurance Requirements and Forms ARTICLE IV INDEMNIFICATION: The Contractor shall indemnify, defend with legal counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers from and against all liability, loss, damage, expense, cost (including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with the Contractor’s negligence, recklessness or willful misconduct in the performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole or active negligence or willful misconduct of the City. Should conflict of interest principles preclude a single legal counsel from representing both the City and the Contractor, or should the City otherwise find the Contractor’s legal counsel unacceptable, then the Contractor shall reimburse the City its costs of defense, including without limitation reasonable legal counsel fees, expert fees and all other costs and fees of litigation. The Contractor shall promptly pay any final judgment rendered against the City (and its officers, officials, employees and volunteers) with respect to claims determined by a trier of fact to have been the result of the Contractor’s negligent, reckless or wrongful performance. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California and will survive termination of this Agreement. The Contractor obligations under this section apply regardless of whether such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of the City under any provision of this agreement, the Contractor shall not be required to indemnify and hold harmless the City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In Page 59 of 280 APPENDIX APPENDIX 2 instances where the City is shown to have been actively negligent and where the City’s active negligence accounts for only a percentage of the liability involved, the obligation of the Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of the City. ARTICLE V. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said bid conflicting herewith. IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands this year and date first above written. CITY OF SAN LUIS OBISPO A Municipal Corporation __________________________________ Whitney McDonald, City Manager APPROVED AS TO FORM CONTRACTOR: Name of Company ________________________________ By:________________________________ J. Christine Dietrick City Attorney Name of CAO/President Its: CAO/PRESIDENT (2nd signature required if Corporation): By:________________________________ Name of Corporate Officer Its: ____________________ Page 60 of 280 APPENDIX APPENDIX 3 APPENDIX B – CALTRANS ENCROACHMENT PERMIT Page 61 of 280 STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION ENCROACHMENT PERMIT DOT TR-0120 (REV 05/2023) FM 91 1436 05-24-N-TK-0477Permit No. ADA Notice This document is available in alternative accessible formats. For more information, please contact the Forms Management Unit at (279) 234-2284, TTY 711, in writing at Forms Management Unit, 1120 N Street, MS-89, Sacramento, CA 95814, or by email at Forms.Management.Unit@dot.ca.gov. July 2, 2024In compliance with your application of Reference Documents: Utility Notice No. Agreement No. R/W Contract No. Project code (ID): Applicant's Reference/ Utility Work Order No. of of of CFC #: 2000545 05/SLO/101/PM 29.4 Dist/Co/Rte/PM July 10, 2024 Permit Approval Date $0 Performance Bond Amount (1) $0 Payment Bond Amount (2) $ N/A Bond Company $ N/A Bond Number (1) $ N/A Bond Number (2) City of San Luis Obispo Attn: Hai Nguyen Senior Engineer 919 Palm Street San Luis Obispo, CA 93401 (805)781-7108 TO: , PERMITTEE Requesting scope of work within US-101 for traffic control heading into the work zone as shown on the attached plans and as directed by the permit provisions within US-101 right of way at postmile 29.406 in the county of San Luis Obispo. and subject to the following, PERMISSION IS HEREBY GRANTED to: THIS PERMIT IS NOT A PROPERTY RIGHT AND DOES NOT TRANSFER WITH THE PROPERTY TO A NEW OWNER. The following attachments are also included as part of this permit (check applicable): YES NO General Provisions YES NO Utility Maintenance Provisions YES NO Storm Water Special Provisions YES NO Special Provisions YES NO A Cal-OSHA Permit, if required: Permit No. YES NO As-Built Plans Submittal Route Slip for Locally Advertised Projects YES NO Storm Water Pollution Protection Plan In addition to fee, the permittee will be billed actual costs for: YES NO Review YES NO Inspection YES Field Work (if any Caltrans effort expended) As-built Plans are Required YES NO YES NO The information in the environmental documentation has been reviewed and considered prior to approval of this permit. This permit is to be strictly construed and no other work other than specifically mentioned is hereby authorized. No project work shall be commenced until all other necessary permits and environmental clearances have been obtained. January 31This permit is void unless the work is completed before 2025, CC: #1: ROMANO J VERLENGIA #2: JOSHUA J MILTON #3: #4: Scott Eades, District Director APPROVED: BY {{Sig1_es_:signer1:signature }}VALERIE BEARD, District Permit EngineerValerie Beard (Jul 10, 2024 16:42 PDT) Valerie Beard Page 62 of 280 CALIFORNIA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, Governor 50 HIGUERA STREET | SAN LUIS OBISPO, CA 93401-5415 (805) 549-3111 | TTY 711 www.dot.ca.gov 7/10/2024 05-SLO-101-29.406 05-24-N-TK-0477 City of San Luis Obispo Attn: Hai Nguyen 919 Palm Street, San Luis Obispo, CA 93401 Dear Hai Nguyen: Attached is your approved encroachment permit. DO NOT BEGIN WORK UNTIL YOU HAVE FIRST READ THE ENTIRE PERMIT CAREFULLY AND COMPLETELY AND CONTACTED THE STATE INSPECTOR LISTED ON YOUR PERMIT. This permit is a legal and binding contract once work on it has begun. You are subject to the provisions contained in the permit and in the attached Encroachment Permit General Provisions. If there is any question regarding interpretation of any detail in the permit or the General Provisions, you may contact the inspector listed on your permit or our office at (805) 549-3152. Thank you in advance for your cooperation. Pursuant to the Executive Department, State of California, Proclamation of a State of Emergency, signed on October 27, 2019, and under the direction of the Office of Emergency Services and the State Emergency Plan, work authorized by this permit will be suspended when a planned Public Safety Power Shutoff (PSPS) notification is in effect. Unless Permittee has obtained special approval from the Director of Caltrans or his assigns to work during a PSPS event, Permittee must stop work and make all traveled ways and roadsides safe for public travel and emergency services if notified by the Director of Caltrans or his assigns. Sincerely, for VALERIE BEARD, PE District Permit Engineer Page 63 of 280 Caltrans District 5 Permit Provisions City of San Luis Obispo 05-24-N-TK-0477 05-SLO-101-29.406 Page 1 of 12 Work authorized under this permit: Requesting scope of work within US-101 for traffic control heading into the work zone as shown on the attached plans and as directed by the permit provisions within US- 101 right of way at postmile 29.4 in the county of San Luis Obispo. Permit Distribution List: Permit File Romano Verlengia - Inspector Joshua Milton - D.O. STATE PERMIT INSPECTOR Unless approved otherwise by the State Permit Inspector,Permittee must contact the State Permit Inspector listed below, at the following times, before starting work in the State right of way: A minimum of two weeks prior to commencing work for a pre-job meeting to discuss permit provisions, notification requirements, and scheduling. A minimum of two working days prior to commencing work. State Permit Inspector: Romano Verlengia Phone: (805) 458-3353 Email: romano.verlengia@dot.ca.gov Fax: Notification requirements that will impact your work schedule: 1. Changes to horizontal or vertical clearances; minimum of 25-day advance notification. 2.Lane closures: completed “Weekly Traffic Update” form must be submitted by noon the Monday prior to date of proposed lane closure. 3. Public Affairs: completed “Public Affairs – Permitted Activity Notification” form must be submitted as early as possible (One Week Ahead is Best) prior to beginning of permitted activity. 4. When work has been interrupted for more than five working days, the Permittee must notify the Caltrans Permit Inspector a minimum of two working days prior to restarting work. This issued encroachment permit is void unless the permitted activity or construction is completed by the void date shown on page 1 of the encroachment permit form DOT TR-0120. The Permittee is solely responsible to keep track of the permit void date. All requests to extend this void date must be received by the District 5 Page 64 of 280 Caltrans District 5 Permit Provisions City of San Luis Obispo 05-24-N-TK-0477 05-SLO-101-29.406 Page 2 of 12 Encroachment Permits Office while the encroachment permit is valid. Request for an extension received after the permit void date cannot be processed. Pursuant to the Executive Department, State of California, Proclamation of a State of Emergency, signed on October 27, 2019, and under the direction of the Office of Emergency Services and the State Emergency Plan, work authorized by this permit will be suspended when a planned Public Safety Power Shutoff (PSPS) notification is in effect. Unless Permittee has obtained special approval from the Director of Caltrans or his assigns to work during a PSPS event, Permittee must stop work and make all traveled ways and roadsides safe for public travel and emergency services if notified by the Director of Caltrans or his assigns. ADDITIONAL PERMIT ATTACHMENTS PUBLIC AFFAIRS PROJECT NOTIFICATION WEEKLY TRAFFIC UPDATE HOLIDAY AND SPECIAL DAY LANE CLOSURE RESTRICTION CALENDAR DISTRICT 5 NON-STANDARD SPECIAL PROVISION 12-4.02C(3)(f) CALTRANS STANDARD PLANS T9-T14, T30-T34 FORM CEM-3101 HAZARDOUS MATERIALS AND HAZARDOUS WASTE MANAGEMENT Other: o Typical Temporary Sign Support Details o Typical Portable Changeable Message Sign Placement o Encroachment Permit Applicant: Contractor(s) Authorization Form (DOT TR-0429) o Notice of Completion TR-0128 o Completed Standard Encroachment Permit Application (DOT TR-0100) o Approved Plans PLANS AND SPECIFICATIONS If conflicts arise between Special Provisions, Plans, Caltrans Standard Plans, Standard Specifications, or other Caltrans standards, the Caltrans Inspector shall make the final determination regarding selection or interpretation of standards and/or specifications. State Standards and Specifications must apply to all work within the State right of way unless directed otherwise by the State Inspector. Reference to the Engineer in the State Standard Specifications must include the State Representative (Caltrans Permit Inspector or District 05 Permit Engineer). Attention is directed to Section 5 of the current State Standard Specifications and the Encroachment Permit General Provisions (TR-0045) regarding control of work and permit work plan revisions. Additionally, the State Permit Inspector may require reasonable additions, modifications, or revisions to the scope of work at no cost to the State if the change is in the best interest of the State facility where the encroachment permit is being granted and Caltrans policy, Standard Specifications, or Permit Provisions are unclear. Page 65 of 280 Caltrans District 5 Permit Provisions City of San Luis Obispo 05-24-N-TK-0477 05-SLO-101-29.406 Page 3 of 12 WORK HOURS Work authorized by this permit that does not restrict or close any traffic lane or shoulder may be performed on weekdays between the hours of 9:00 AM and 3:00 PM. Traffic lane and shoulder restrictions or closures: Nighttime lane closures shall only be allowed on Monday through Thursday between the hours of 6:00 PM - 6:00 AM, and Friday between the hours of 11:00 PM - 6:00 AM. Hours to be determined by the Caltrans Permit Inspector based on location of work. Work and lane closure restrictions will apply prior to and after a holiday or holiday weekend: 1. As shown on the attached Holiday and Special Day Lane Closure Restrictions calendar. 2. Work schedules beyond the calendar dates shall comply with the attached District 5 Non-Standard Special Provision 12-4.02C(3)(f). 3. When a designated legal holiday falls on a Sunday, the following Monday shall be a designated legal holiday. 4. When November 11th falls on a Saturday, Friday November 10th shall be a designated legal holiday. The State Inspector must approve deviations from these hours in advance. All work that will impact the normal operations of Caltrans traffic signal facilities must be performed under traffic control and during the hours approved by the Caltrans Inspector and Caltrans District 5 Traffic Management Center. If not identified elsewhere in this permit, Permittee or Permittee’s contractor must provide the contact information for two personnel, who will be ensuring LCS compliance during the pre-job meeting with the Caltrans Permit Inspector. Contact information shall include personnel’s full names, phone numbers and email addresses. Page 66 of 280 Caltrans District 5 Permit Provisions City of San Luis Obispo 05-24-N-TK-0477 05-SLO-101-29.406 Page 4 of 12 CONDITIONS OF APPROVAL 1. Failure to meet with the Caltrans Permit Inspector for a pre-job meeting prior to starting work within the State right of way may result in the immediate termination of work at the site. The State right of way shall be restored to a safe condition and all personnel and equipment must be removed from the State right of way as soon as possible as directed by the Caltrans Representative. Work may resume once the meeting with the Caltrans Permit Inspector has taken place and the Caltrans Permit Department has determined that the work is in compliance with the provisions of this permit. 2. Failure to comply with the permit provisions may result in the revocation of this permit (See Encroachment Permit General Provision number 2.) and will also result in more stringent permit requirements for future encroachment permits. PERMITTEE AND PERMITTEE’S PRIME CONTRACTOR(S) Notwithstanding Encroachment Permit General Provision #4, the Permittee and Permittee’s prime contractor(s) are required to complete, sign, and submit the attached Encroachment Permit Applicant: Contractor(s) Authorization Form DOT TR- 0429, prior to the pre-construction meeting, to the Caltrans Permit Inspector. 1. The form must reference permit number 05-24-N-TK-0477. 2. A California licensed contractor, individual, or company under contract directly with the Permittee is considered a prime contractor for this encroachment permit. 3. Each prime contractor must provide a certificate of liability insurance and an additional insured endorsement to cover the State’s potential liability for the permitted work and the issuance of the permit rider. The certificate and endorsement must name “the State of California, California Department of Transportation, the directors, officers, employees, and/or agents of the State of California and/or the California Department of Transportation” as additional insured for the following minimum liability insurance limits: $2,000,000.00 General Liability Aggregate $1,000,000.00 General Liability per Occurrence $100,000.00 Non-Owned Vehicle Property Damage The Certificate must contain “Permit Number 05-24-N-TK-0477” in the description of the Certificate. Page 67 of 280 Caltrans District 5 Permit Provisions City of San Luis Obispo 05-24-N-TK-0477 05-SLO-101-29.406 Page 5 of 12 4. If prime contractor(s) are replaced or added after the initial submission of Form DOT TR-0429, Permittee and Permittee’s new prime contractor(s) must complete, sign, and submit another form with signatures to the Caltrans District 5 Encroachment Permits Office. 5. Work within the State right of way may not begin until the receipt and approval of Form DOT TR-0429 by the Caltrans Permit Inspector and the required information listed below from the prime contractor(s) has been approved with a permit rider by the Caltrans District 5 Encroachment Permits Office. The Permittee or Permittee’s prime contractor is also responsible to provide the following information as a permit rider application package for this permit. Permit rider applications also use the Standard Encroachment Permit Application DOT TR-0100. The permit rider applicant must be the Permittee of this permit and must reference this permit number, 05-24-N-TK-0477, in the description of work. The Permittee or Permittee’s prime contractor may submit the permit rider application package. If the prime contractor will be acting as an agent on the Permittee’s behalf for the permit rider, a letter of authorization from the Permittee to the Permittee’s prime contractor to apply and obtain the permit rider must be provided. A. The prime contractor responsible for the permit project traffic control must provide the project specific traffic control plans prepared, stamped, and signed, with the license expiration date, by a California Civil Engineer. TRAFFIC CONTROL AND PUBLIC SAFETY All traffic control must be performed under the direction of qualified and competent traffic control personnel. If it becomes apparent to the Caltrans Permit Inspector that the Permittee's contractor does not have adequately trained and competent staff to perform traffic control, the Permittee or Permittee's contractor must hire a suitable contractor to provide traffic control. Traffic control and construction zone signing must be performed per an approved traffic control plan. In the absence of a project specific traffic control plan: All traffic control must be performed in compliance with the applicable Caltrans Standard Plans for traffic control, California Manual on Uniform Traffic Control Devices, or as approved by and as directed by the Caltrans Permit Inspector, Page 68 of 280 Caltrans District 5 Permit Provisions City of San Luis Obispo 05-24-N-TK-0477 05-SLO-101-29.406 Page 6 of 12 or If requested by the Caltrans Permit Inspector, Permittee or Permittee's contractor must provide a traffic control plan prepared by a duly licensed individual for review and approval. Plans must bear the licensed individual's signature and identifying licensing information. All traffic control personnel performing flagging operations must be trained and follow the provisions listed in Caltrans Standard Specifications 12-4.02C(9) through 12-4.02C(11). Certification of training must be provided if requested by the State Permit Inspector. All traffic control devices must comply with the current California Manual of Uniform Traffic Control Devices. The Permittee must provide all traffic control devices and personnel. All expenses incurred from traffic control operations must be borne by the Permittee. Work must not interfere with traffic and no equipment must be parked on or operated from the traveled way unless approved by the Caltrans representative. Notwithstanding lane closures noted in the traffic control plans or elsewhere in this permit, the full width of the traveled way must be open for use by public traffic on Saturdays, Sundays, designated legal holidays, the day preceding designated legal holidays, after 3:00 PM on Fridays, and when construction operations are not actively in progress. On multilane roadways, a minimum of one-paved traffic lane, not less than 10 feet wide, must be open for use by public traffic in each direction of travel. On 2-lane, two-way roadways a minimum of one-paved traffic lane not less than 10 feet wide must be open for use by public traffic. When construction operations are not actively in progress, not less than 2 of these lanes must be open to public traffic. If approved by the State Inspector, one lane may be closed during construction and public traffic stopped for periods not to exceed 5 minutes. After each closure, all accumulated traffic must be allowed to pass through the work before another closure is made. Lane closures must not exceed 0.5 mile in length. Minor deviations from the requirements of this section concerning hours of work may be permitted upon the written request of the Permittee if, in the opinion of the Inspector, public traffic will be better served, and the work expedited. The Page 69 of 280 Caltrans District 5 Permit Provisions City of San Luis Obispo 05-24-N-TK-0477 05-SLO-101-29.406 Page 7 of 12 Permittee must not adopt these deviations until the Inspector has approved them in writing. “NO PARKING” zones must be posted a minimum of 48 hours in advance of proposed parking lane closure. Standard Specification12-4.02C(4) Buffer Lanes Where two or more lanes are adjacent to a work area, including work on shoulders, you must close the lane adjacent to the work area in accordance with the lane closure requirements as follows: 1. Work is on the traveled way within 6 feet of the adjacent traffic lane. 2. Work is off the traveled way but within 6 feet of the edge of the traveled way, and the posted speed is 45 mph or greater. 3. Work is off the traveled way but within 3 feet of the edge of the traveled way, and the posted speed is less than 45 mph. Closure of the adjacent traffic lane is not required for: 1. Workers protected by a permanent or temporary barrier 2. Installation, maintenance, or removal of traffic control devices except for temporary barrier system For time periods at the beginning or end of work when the lane requirement charts do not allow the closure of the adjacent traffic lane, the following construction activities are allowed without a buffer lane: 1. Paving 2. Parking, positioning, loading, unloading vehicles, or storing equipment or materials necessary for the work being performed 3. Placing, removing or maintaining traffic stripes, pavement marking, or pavement markers 4. Operations not performed by workers on foot such as grinding, grooving, planing, sweeping, applying a tack coat, or operating a crane 5. Operations where workers on foot are protected, at each work location, within the same closure by an impact attenuator vehicle in the lane adjacent to live Page 70 of 280 Caltrans District 5 Permit Provisions City of San Luis Obispo 05-24-N-TK-0477 05-SLO-101-29.406 Page 8 of 12 traffic Do not perform work activities or store equipment, vehicles, or materials within the buffer lane. Suspended Loads Suspended loads or equipment must not be moved nor positioned over public traffic or pedestrians. Portable Changeable Message Sign Permittee must furnish portable changeable message signs (PCMS) conforming to State Standard Specifications Section 12-3.32, “Portable Changeable Message Signs” and the California Manual on Uniform Traffic Control Devices. If edge of PCMS sign panel or PCMS extends into the paved shoulder, provide a standard shoulder closure per Caltrans Revised Standard Plan RSP T10. When PCMS message is no longer needed to inform the traveling public of construction activities, the PCMS must be removed from the State highway right of way, or the PCMS display board must be rotated away from view of the traffic lanes and shut off. GENERAL REQUIREMENTS Project/Work Site All disturbed areas must be restored to original or better condition. Any change in the existing drainage pattern, whether occasioned by increase or diversion, and the cost of damage, repair, or restoration of the State highway right of way must be the responsibility of the Permittee. No earth or construction materials are to be dragged or scraped across the highway pavement. No excavated earth shall be placed or allowed to remain at a location where it can be tracked on the highway traveled way, public, or private approach by the Permittee’s construction equipment or by traffic entering or leaving the highway traveled way. The Permittee must immediately remove excavated earth or mud so tracked onto the highway pavement or public or private approach. No excavation, maintenance hole, pull box, or vault shall be left open overnight or unattended during work hours without written permission from the Caltrans representative and adequate protection for traffic and pedestrians is provided. Any earthwork, excavation and embankments must conform to Caltrans Standard Page 71 of 280 Caltrans District 5 Permit Provisions City of San Luis Obispo 05-24-N-TK-0477 05-SLO-101-29.406 Page 9 of 12 Specifications Section 19, Earthwork. Any clearing and grubbing must conform to Caltrans Standard Specification Section 17-2, Clearing and Grubbing. All newly placed concrete must be cured in accordance with Caltrans Standard Specifications Section 90-1.03B, Curing Concrete. Personnel Protective/Safety Equipment All personnel working within the State right of way must wear the appropriate personnel safety/protective equipment as specified by the personnel's employer's "Injury and Illness Prevention Program" required by the California Code of Regulations 3203. If requested by the Caltrans Permit Inspector, personnel's employer must provide a copy of said "Injury and Illness Prevention Program" and identify the locations within the document that addresses, but not limited to, personal protective equipment, head protection, and warning garments. In the absence of an "Injury and Illness Prevention Program," all other personnel within the project work zone must conform to the personnel protective/safety equipment requirements in the latest edition of the Caltrans Safety Manual. Aerially Deposited Lead (ADL) for Minimal Disturbance Permittee must reuse the soil within the work limits in the immediate area from which it was excavated. If any excess soil is generated, it becomes the property of the Permittee. Permittee must transport all excess soil outside of Caltrans' right-of-way and dispose of it in accordance with all applicable environmental laws and regulations. Construction Debris and Waste Materials The Permittee solely owns all construction debris and waste materials, including hazardous waste, generated by this permitted project. Said materials must be removed from the State right of way, stored, and disposed of in accordance with applicable local, regional, State, and Federal specifications or regulations. Construction debris and waste materials must be disposed of: at designated off-site commercial facilities approved to accept said materials, at non-commercial permitted sites approved to accept said materials (Permittee must provide copies of all necessary local and State agency permits prior to disposal.), or at sites outside of the State of California approved to accept said materials (Permittee to provide copies of permits issued by the local and State agency Page 72 of 280 Caltrans District 5 Permit Provisions City of San Luis Obispo 05-24-N-TK-0477 05-SLO-101-29.406 Page 10 of 12 with jurisdiction over the site prior to disposal.). If requested by the State Permit inspector, Permittee must provide a copy of documentation as proof of the proper disposal of said materials. Existing Trees and Vegetation Unless stated elsewhere in this permit or shown on the approved permit plans, this permit does not authorize the removal, severing of roots or trimming of vegetation. If work of this nature is required, a written request and approval, by the Caltrans Permit Inspector, is required in advance of performing the work. Replacement planting may be required as a mitigation measure. Excavations should be done outside of drip line to reduce tree damage and integrity of trees. If excavations must be made within the drip line of trees (or extending tree roots) along the right of way, the trenches must be hand dug and the utility routed beneath or around root structure. Major tree roots must not be cut or damaged. Additionally, the exposed roots must be wrapped and kept moist until the excavation is back filled with the native material. Requests for exceptions must be accompanied by an Arborist’s recommendation. Archaeological/Cultural Requirements If archaeological resources or human remains are accidentally discovered during construction, work must be halted within 150 feet of the find until a qualified professional archaeologist can evaluate it. Permittee must notify Caltrans District Archaeologist Krisstin Hadick, (805) 458-1238, about the discovery immediately. If the find is determined to be significant, appropriate mitigation measures must be formulated and implemented. Signs Installation of roadside signs must comply with all applicable portions of the current Caltrans Standard Specifications Section 56-3, Caltrans Standard Plans, California Manual on Uniform Traffic Control Devices, and Caltrans policies. If exact locations of roadside and construction area signs are not shown on the project plans, post holes must be dug by hand, except where potential conflicts can be eliminated. Potential conflicts are considered eliminated when an appropriate regional notification center has performed field mark-out and no subsurface utilities are within 4 feet of the proposed post hole, or the post hole can be moved 4 feet away from subsurface utilities as located by the utility owner. Temporary and permanent signs placed within the State right of way must comply with minimum retro-reflectivity requirements of the most current of the following: Federal Highway Administration Manual on Uniform Traffic Control Devices - Section 2A.08, Caltrans Standard Specifications Section 82-2.02C, Retroreflective Sheeting. Page 73 of 280 Caltrans District 5 Permit Provisions City of San Luis Obispo 05-24-N-TK-0477 05-SLO-101-29.406 Page 11 of 12 Roadside signs mounted on post(s) must be placed at locations shown on the permit plans and must be installed in compliance with the latest edition of Caltrans Standard Plan RS1 through RS4. Temporary signs mounted on barricades and barricade/sign combinations must be crashworthy. The bottom of a temporary sign mounted on a barricade, or other portable support, must be at least 1 foot above the traveled way or the existing surface at the location of placement. Proposed sign placement must not interfere with the visibility of any existing warning, regulatory, information or guide signs along the State Highway. Signs to be owned and maintained by the Permittee shall be appropriately marked on the back of the sign. A safe pedestrian passageway width of 4 feet must be maintained at any sign installation in areas normally traversed by pedestrians. The minimum passageway adjacent to a drop off, such as a curb face or gutter must be at least 5 feet. EXISTING FACILITIES Existing improvements must be protected or relocated as required by the work authorized by this permit. If existing improvements including pavement markings and delineation are damaged or their operation impaired by this work, they must be replaced or restored to the satisfaction of the Caltrans representative. Such work must be done immediately if requested by the Caltrans representative. IT SHALL BE THE PERMITTEE'S RESPONSIBILITY TO FULLY INVESTIGATE THE PROPOSED WORK AREA FOR POSSIBLE CONFLICTS WITH EXISTING UTILITIES AND FACILITIES, INCLUDING BUT NOT LIMITED TO SEWERS, ELECTRICAL CONDUCTORS, GAS LINES, WATER PIPES AND TRAFFIC SIGNAL FACILITIES. THE PERMITTEE AGREES TO ACCEPT ALL LIABILITY FOR DAMAGES DONE TO EXISTING FACILITIES CAUSED BY THE WORK AUTHORIZED UNDER THIS PERMIT. Caltrans Traffic Signals, Lighting, and Electrical Facilities Caltrans does not subscribe to underground utility locating services. It is the Permittee’s sole responsibility to investigate, locate, and mark existing Caltrans traffic signal equipment, loops, conduits, and street lighting facilities prior to work in or between signalized intersections and street lighting facilities. Page 74 of 280 Caltrans District 5 Permit Provisions City of San Luis Obispo 05-24-N-TK-0477 05-SLO-101-29.406 Page 12 of 12 WATER POLLUTION CONTROL Discharge of Storm Water and Non-Storm Water Work within State highway right-of-way must be conducted in compliance with all applicable requirements of the National Pollutant Discharge Elimination System (NPDES) permit issued to the Department of Transportation (Department), to govern the discharge of storm water and non-storm water from its properties. Work must also be in compliance with all other applicable Federal, State and Local laws and regulations, and with the Department's Encroachment Permits Manual and encroachment permit. The Department’s NPDES Permit requires the Permittee to comply and maintain, if applicable, the approved Storm Water Special Provisions for Minimal or No Impact (TR-0400), Water Pollution Control Program, or Storm Water Pollution Prevention Plan. The Contractor (permittee) must be responsible for fines assessed or levied against the Contractor or the Department as a result of the Contractor's (permittee) failure to comply with these provisions. Fines shall include civil liability fines, criminal penalties and/or damages, assessed, or levied against the Department or the Contractor, Contractor liability for failure to comply with these provisions shall also include reimbursement for payments made or costs incurred by the Department in settlement for alleged violations of the Permits, the Manuals, or applicable laws, regulations, or requirements. Costs incurred could include sums spent in lieu of fines or penalties, in mitigation or to remediate or correct violations. If an unforeseen illicit discharge is generated during construction activities and the Caltrans Permit Inspector cannot be contacted, the Permittee or Permittee's contractor must contact the Encroachment Permit Storm Water Coordinator, Rachel Naccarati (805) 534-3303 immediately. The Permittee or Permittee's contractor is responsible to contain and remediate the illicit discharge as directed by the Caltrans Permit Inspector or Encroachment Permit Storm Water Coordinator at no cost to the State. PROJECT COMPLETION Once work authorized by this permit has started, cancelling the permit or failure to contact the Caltrans Permit Inspector may result in the forfeiture of any remaining fee deposits. Immediately following completion of the work permitted herein, the Permittee must fill out and send by email the Notice of Completion attached to this permit. THANK YOU! Page 75 of 280 DISTRICT 5 NOTIFICATION REQUIREMENTS The following provisions shall apply to all permit work requiring temporary lane closures or traffic detours: Temporary Lane Closures Notification of temporary lane closures or traffic detours shall be given to the State Inspector for his approval using copies of the attached form entitled, WEEKLY TRAFFIC UPDATE. Notification shall be submitted to the State Inspector by 12:00 PM (noon) Monday, prior to the week of the proposed closure or detour. Notifications submitted after the deadline cannot be approved for the upcoming week. All traffic control requiring the temporary closure of lanes or detour of traffic shall be approved in advance by the State Inspector. Ramp Closures 14 to 7 calendar days prior to an approved ramp closure, notice shall be posted at the ramp entrance using the appropriate SC6 sign. In addition, an SC8 or portable changeable message sign shall be posted for the preceding ramp the day of the closure unless otherwise approved by the Caltrans Permit Inspector. Caltrans Lane Closure System (LCS) Compliance Work authorized by this permit may require compliance and proper notification in LCS. If not identified elsewhere in this permit, you or your contractor must provide the contact information for two personnel, who will be ensuring LCS compliance during the pre-job meeting with the Caltrans Permit Inspector. Contact information shall include personnel’s full names, phone numbers and email addresses. You or your Contractor’s LCS contact will be required to properly notify the District Traffic Management Center (TMC) as described below. When a lane closure or lane shift has been identified by the Inspector with a Lane Closure ID # and Log #, you will be required to provide the TMC notification status when you are placing the lane closure, when you remove the lane closure, or when you cancel the lane closure. When providing the status of the lane closure to the TMC you will need to follow these steps, 1. Obtain the Lane Closure ID and Log # assigned for the approved scheduled lane closure event from the Caltrans Permit Inspector a minimum of one weekday prior to the closure day or duration. 2. Call the TMC/Lane Closure Phone Number (805) 549-3837 to provide the Lane Closure ID Status For a stationary closure on a traffic lane, use code: 1. 10-97 immediately before you place the 1st cone on the traffic lane 2. 10-98 immediately after you remove all of the cones from the traffic lane For a stationary closure on the shoulder, use code: Page 76 of 280 1. 10-97 immediately before you place the 1st cone after the last advance warning sign 2. 10-98 immediately after you remove the last cone before the advance warning signs For a moving closure, use code: 1. 10-97 immediately before the actual start time of the closure 2. 10-98 immediately after the actual end time of the closure For closures not needed on the authorized date, use code 10-22 within 2 hours after the authorized start time. When calling the TMC to provide the status on your lane closure you will say something to the effect of (substituting your lane closure ID number and Log number for example ID “P101CA” and Log number “1” below), “1097”- “This is (your name, phone number) calling to provide a 1097 status to lane closure ID P101CA and log number 1. That is a 1097 for Papa 101 Charlie Alpha log number 1.” “1098”- “This is (your name, phone number) calling to provide a 1098 status to lane closure ID P101CA, log number 1. That is a 1098 for Papa 101 Charlie Alpha log number 1.” “1022”- “This is (your name, phone number) calling to provide a 1022 status to lane closure ID P101CA, log number 1. That is a 1022 for Papa 101 Charlie Alpha log number 1.” Failure to properly status the lane closures will result in a written warning by the Caltrans Permit Inspector on the first violation. If there is a 2nd violation, your permit may be suspended until a Contractor or new Contractor (C-31 or General Engineering A License preferred) who is experienced in traffic control and LCS notification is hired. Additional violations will result in the revocation of the permit and may impact the processing of future encroachment permit application packages. You can check your lane closure status at the following website: https://lcswebreports.dot.ca.gov/ Special Notifications If permitted activities such as road closures or traffic detours may result in significant traffic congestion, Permittee shall be responsible for coordinating advance notification to local newspapers, television and radio stations, and emergency response providers with both the State Inspector and the Caltrans Public Information Officer, telephone (805) 549-3237. Public notice may include press releases and/or traffic signing. Permittee shall complete and submit the attached form entitled PUBLIC AFFAIRS – PERMITTED ACTIVITY NOTIFICATION to the Caltrans Public Affairs Office as early as possible (One Week Ahead is Best) prior to beginning of permitted activity. Additional information or clarification may be required in the form of a written description of the activities in a format that is suitable for a press release. The form may be delivered by fax to (805) 549-3638 or emailed Page 77 of 280 to the PIO contact on the form. Horizontal and Vertical Requirements for Extra-Legal Load Vehicles Permittee shall provide written notification to the Caltrans Permit Inspector or Caltrans Representative, of proposed horizontal or vertical lane restrictions which will affect extra-legal loads up to 16' wide and 18' high, or ramp closures/re-openings that may affect extra-legal loads traveling through the project area. Said notification shall be delivered to the Inspector no fewer than 25 days prior to proposed change. Permittee shall immediately notify the Caltrans Permit Inspector or Caltrans Representative as soon as the restriction is no longer present. Page 78 of 280 Attention: Romano Verlengia WEEKLY TRAFFIC UPDATE PERMITS For the Week of: ___________________________ Please provide this form to your designated PERMIT INSPECTOR each week if you will be performing work that will impact traffic (lane closures, ramp closures, shoulder closure, traffic control, etc.) Weekly Traffic Updates must be received by Monday 12:00 PM (noon) the week prior to the requested date(s) of the planned traffic control. Failure to meet the deadline may result in the denial of the requested traffic control. The State Permit Inspector may also require changes to the requested traffic control prior to its approval. We appreciate your cooperation. These updates need to be done in a timely manner to provide information to the traveling public we serve. THANKS!!!! DATE TIME (begin / end) Location – Cross Streets, County Route, and Post Mile (from / to) Impact on Traffic (Description) Reason Send, fax, or email to: Your PERMIT INSPECTOR - Romano Verlengia, Fax #: , Email: romano.verlengia@dot.ca.gov Your Name: ________________________________________ Phone: ______________________FAX: _____________________ Company/Dept.: _____________________________________ Email: ________________________________________________ PERMIT #: 05-24-N-TK-0477 Page 79 of 280 Page 80 of 280 Page 81 of 280 Page 82 of 280 Page 83 of 280 Page 84 of 280 Page 85 of 280 Page 86 of 280 Page 87 of 280 Page 88 of 280 Page 89 of 280 Page 90 of 280 Page 91 of 280 Page 92 of 280 Page 93 of 280 Page 94 of 280 Page 95 of 280 Page 96 of 280 TYPICAL PORTABLE CHANGEABLE MESSAGE SIGN PLACEMENT PORTABLE CHANGEABLE MESSAGE SIGNTRAFFIC LANE EDGE OF TRAVELED WAY 9 TRAFFIC CHANNELIZERS SPACED AT 25 FEET EDGE OF PAVEMENT SHOULDER PLAN VIEW (Not to Scale) 3 LINE MESSAGE 2 PANELS FRONT VIEW (Not to scale) TRAFFIC LANE SHOULDER EDGE OF TRAVELED WAY TRAVEL WAY 10’ MINIMUM 14.5’ MAXIMUM 7.0’ MINIMUM 200.0’ Page 97 of 280 Page 98 of 280 PUBLIC AFFAIRS - PERMITTED ACTIVITY NOTIFICATION This Project Notification must be emailed to Public Affairs Team as early as possible (One Week Ahead is Best) prior to the start of any permitted activity. Please fill out this form as thoroughly as possible and use additional paper if needed. Include all information that the traveling public needs to know. Project photos encouraged. TO: PUBLIC AFFAIRS Genelle Padilla(San Luis Obispo & Santa Barbara County)genelle.padilla@dot.ca.gov Kevin Drabinski (Monterey and Santa Cruz County)kevin.drabinski@dot.ca.gov Heidi Crawford (San Benito County)heidi.crawford@dot.ca.gov Jillian Davis (Student Assistant) jillian.davis@dot.ca.gov Jim Shivers (PIO Chief) jim.shivers@dot.ca.gov General Public Information Office (PIO) Email:info-d5@dot.ca.gov General PIO Phone: (805) 549-3318 E.A. or PERMIT NUMBER: 05-24-N-TK-0477 COUNTY, ROUTE & POSTMILE: 05-SLO-101-29.406 PERMITTED ACTIVITY LIMITS (location in miles, distance from nearest landmarks or cities, etc.): PROJECT DESCRIPTION AND PURPOSE FOR PROJECT: Requesting scope of work within US-101 for traffic control heading into the work zone as shown on the attached plans and as directed by the permit provisions within US-101 right of way at postmile 29.4 in the county of San Luis Obispo. PERMIT INSPECTOR: Romano Verlengia PHONE: (805) 458-3353 FAX: CONTRACTOR: FROM (CITY) PERMIT ESTIMATE AMOUNT: ANTICIPATED DATE TO *BEGIN CONSTRUCTION: ALLOTED WORKING DAYS: ANTICIPATED *COMPLETION DATE: ANTICIPATED TRAFFIC CONTROL & HOURS OF CLOSURE: ANTICIPATED TRAFFIC DELAYS: ANY IMPACTS TO BICYCLE RIDERS/PEDESTRIANS: Page 99 of 280 COMMENTS: (What else does the public need to know? Diagrams, maps also helpful.) *Please let Public Affairs know of any changes in Startup or Completion dates. Page 100 of 280 STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION NOTICE OF MATERIALS TO BE USED CEM-3101 (REV 09/2015) CT#7541-3511-1 NOTICE OF MATERIALS TO BE USED INSTRUCTIONS TO PERMITTEE/CONTRACTOR Section 6 of the State Standard Specifications states that, "Before the preconstruction conference, submit material source information on a Notice of Materials to Be Used form". To avoid delay in approval of materials, the Department of Transportation must receive, in a timely manner, Form CEM-3101, "Notice of Materials to Be Used." When filing this form, please comply with the following instructions: 1. The Contract Number/Permit Number and job limits should be the same as they appear on the special provisions/encroachment permit. 2. The column headed "Contract Bid Item Number" refers to the sequential item number of the contract, if applicable. 3. The column headed "Item Code" refers to the number for which the material is to be used, if applicable. It is a six-digit number. 4. The column headed "Contract Item Description" refers to an item description of the material as described in the special provisions or an item description to be used on the permitted project. 5. The columns headed "Item Component" refer to the specific description of material to be used, not necessarily the name of the contract item. For Example: Contract Bid Item Number Item Code Contract Item Description Item Component Item Sub-Component 1 520101 Bar Reinforcing steel Coupler (service splice) Service Splice, CJP welded 6. The column headed "Manufacturer/Provider" refers to the manufacturer/fabricator of the item. List the name, address, and email of the Manufacturer/Fabricator. Also, list the name and address of the location where inspection will occur, if different from the Manufacturer/Fabricator. 7. Form CEM-3101, "Notice of Materials to Be Used," must be submitted to the resident engineer (RE). The RE will email Form CEM-3101 to the materials administrator to: MaterialsAdministratorMETS@dot.ca.gov or fax to (916) 227-7084, Attn: Materials Administrator or postal mail to: Materials Engineering and Testing Services, 5900 Folsom Blvd., Sacramento, CA 95819, MS-5. If the sources of materials are not known at the beginning of a contract, submit a Form CEM-3101, "Notice of Materials to Be Used," for a given bid item as soon as a provider is known. Multiple submissions may be necessary. Submit a Form CEM-3101, "Notice of Materials to Be Used," for all changes or revisions. When placing orders for materials that require inspection prior to shipment, be sure to indicate on your request form that state inspection is required before shipment. Page 101 of 280 Resident Engineer: Caltrans Permit Inspector - Romano Verlengia Date: Materials required for use under Contract Number (1) Encroachment Permit Number - 05-24-N-TK-0477 District: 05 County: SLO Route: 101 Post Mile: 29.406 will be obtained from the following sources: Contract Bid Item Number (2) Item Code (3) Contract Item Description (4) Item Component (5) Manufacturer/Provider Name and Address (5) Manufacturer/Provider Email Address (6) It is requested that you arrange for sampling, testing and inspection of materials prior to delivery in accordance with Section 6 of the Standard Specifications. It is understood that source inspection does not relieve the prime contractor of the full responsibility for incorporating into the work, materials that comply in all respects with the contract plans and specifications, nor does it preclude the subsequent rejection of materials found to be unsuitable. Contractor Address Business Phone Business Fax E-Mail Address STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION NOTICE OF MATERIALS TO BE USED CEM-3101 (REV 09/2015) ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814. (7) Copies: Materials Administrator, Mail Station #5 Materials Engineering & Testing Services 5900 Folsom Blvd, Sacramento, CA 95819 MaterialsAdministratorMETS@dot.ca.gov Fax: (916) 227-7084 Page 102 of 280 STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION ENCROACHMENT PERMIT APPLICANT: CONTRACTOR(S) AUTHORIZATION FORM DOT TR-0429 (NEW 12/2022) Page 1 of 2 The Permittee warrants and represents the Permittee has hired the following prime contractor(s) to perform the approved encroachment activities under Encroachment Permit # _________________ on the Permittee’s behalf as agents in accordance with Encroachment Permit General Provision #4 or Adopt-A- Highway Special Provision # 3, whichever is part of the Encroachment Permit. The Permittee warrants and represents the Permittee has provided a copy of the Encroachment Permit to the prime contractor(s) listed below, and further warrants and represents that the activities related to the Encroachment Permit, whether performed by the Permittee or by the prime contractor(s) below or by any person or entity acting for or on behalf of the Permittee, will be performed in compliance with all terms, conditions, specifications, standards, provisions, and other requirements of the subject Encroachment Permit. The person signing below warrants and represents such person has authority on behalf of the Permittee to make the warranties and representations contained herein, and to agree to and so bind the Permittee to this page. List of authorized prime contractors for the encroachment permit: Contractor Name Scope of work (Traffic Control/civil work etc.) Contact Person Contact Person’s Information (Phone # and E-mail) I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Name of Permittee Name and Title of Person Signing for Permittee (Print) Signature Date Page 103 of 280 STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION ENCROACHMENT PERMIT APPLICANT: CONTRACTOR(S) AUTHORIZATION FORM DOT TR-0429 (NEW 12/2022) Page 2 of 2 By signing below, each prime contractor acknowledges that such prime contractor has received a copy of Encroachment Permit #_________________ and agrees such prime contractor, and such prime contractor’s employees, managers, officers, directors, agents, subcontractors, and suppliers, will comply with, and will perform all activities in accordance with, all terms, conditions, specifications, standards, provisions, and other requirements of the Encroachment Permit, including but not limited to notifying the permit inspector as required in the Encroachment Permit and reporting the lane closure notifications per the Encroachment Permit General Provisions (TR-0045). Each person signing on behalf of each prime contractor warrants and represents such person has the authority to make the acknowledgements, warranties, and representations contained herein on behalf of the named prime contractor, and has the authority to agree to and so bind the named prime contractor to this page. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Name of Prime Contractor Name and Title of Person Signing for Contractor (Print) Signature Date Name of Prime Contractor Name and Title of Person Signing for Contractor (Print) Signature Date Name of Prime Contractor Name and Title of Person Signing for Contractor (Print) Signature Date Name of Prime Contractor Name and Title of Person Signing for Contractor (Print) Signature Date Page 104 of 280 At the completion of the permitted work, please complete the form below and submit an electronic copy of this page sent by email to Ngozi.Nwoko@dot.ca.gov. STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION NOTICE OF COMPLETION TR-0128 (REV. 6/2001) CT #7541-5529-1 PERMIT # 05-24-N-TK-0477 Permit Inspector: Romano Verlengia Dear Sir or Madam: All work authorized by the above numbered permit was completed on: DATE: SIGNATURE OF PERMITTEE: City of San Luis Obispo FM 92 1546 M ADA Notice For individuals with sensory disabilities, this document is available in alternate formats. For alternate format information, contact the Forms Management Unit at (916) 445-1233, TTY 711, or write to Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814 Page 105 of 280 Page 106 of 280 Page 107 of 280 Page 108 of 280 Page 109 of 280 Page 110 of 280 Page 111 of 280 Page 112 of 280 STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION ENCROACHMENT PERMIT GENERAL PROVISIONS Page 1 of 6 © 2018 California Department of Transportation. All rights reserved. ENCROACHMENT PERMIT GENERAL PROVISIONS TR-0045 (REV. 12/2022) 1. AUTHORITY: The California Department of Transportation (“Department”) has authority to issue encroachment permits under Division 1, Chapter 3, Article 1, Sections 660 through 734 of the Streets and Highways Code. 2. REVOCATION: Encroachment permits are revocable on five (5) business days’ notice unless otherwise stated on the permit or otherwise provided by law, and except as provided by law for public corporations, franchise holders, and utilities. Notwithstanding the foregoing, in an emergency situation as determined by the Department, an encroachment permit may be revoked immediately. These General Provisions and any applicable Special Provisions are subject to modification or abrogation by the Department at any time. Permittees’ joint use agreements, franchise rights, reserved rights or any other agreements for operating purposes in State of California (“State”) highway right-of-way may be exceptions to this revocation. 3. DENIAL FOR NONPAYMENT OF FEES: Failure to pay encroachment permit fees when due may result in rejection of future applications, denial of encroachment permits, and revocation of the encroachment permit if already issued. 4. PERMITTEE AUTHORIZATION FOR OTHERS TO PERFORM WORK: This encroachment permit allows only the Permittee and/or Permittee’s authorized contractor or agent to work within or encroach upon the State highway right-of-way, and the Permittee may not assign or transfer this encroachment permit. Any attempt to assign or transfer this encroachment permit shall be null and void. Permittee shall provide to the Department a list of Permittee’s authorized contractors/agents, in the form and at the time specified by the Department but if no time is specified then no later than the pre-construction meeting. Permittee shall keep the list current and shall provide updates to the Department immediately upon any change to the list of authorized contractors/agents, including but not limited the addition, removal, or substitution of an authorized contractor/agent, or a new address or contact information for an existing authorized contractor/agent. Permittee is responsible for the acts and/or omissions of any person or entity acting on behalf of the Permittee, even if such person or entity is not included on Permittee’s list of authorized contractors and/or agents. 5. ACCEPTANCE OF PROVISIONS: Permittee, and the Permittee’s authorized contractors and/or agents, understand and agree to accept and comply with these General Provisions, the Special Provisions, any and all terms and/or conditions contained in or incorporated into the encroachment permit, and all attachments to the encroachment permit (collectively “the Permit Conditions”), for any encroachment, work, and/or activity to be performed under this encroachment permit and/or under color of authority of this encroachment permit. Permittee understands and agrees the Permit Conditions are applicable to and enforceable against Permittee as long as the encroachment remains in, under, or over any part of the State highway right-of-way. The Permittee’s authorized contractors and/or agents, are also bound by the Permit Conditions. Non-compliance with the Permit Conditions by the Permittee’s authorized contractor and/or agent will be deemed non-compliance by the Permittee. 6. BEGINNING OF WORK: When traffic is not impacted (see General Provision Number 35), the Permittee must notify the Department’s representative two (2) business days before starting permitted work. Permittee must notify the Department’s representative if the work is to be interrupted for a period of five (5) business days or more, unless otherwise agreed upon. All work must be performed on weekdays during regular work hours, excluding holidays, unless otherwise specified in this encroachment permit. 7. STANDARDS OF CONSTRUCTION: All work performed within State highway right-of-way must conform to all applicable Departmental construction standards including but not limited to: Standard Specifications, Standard Plans, Project Development Procedures Manual, Highway Design Manual and Special Provisions. Other than as expressly provided by these General Provisions, the Special Provisions, the Standard Specifications, Standard Plans, and other applicable Departmental standards, nothing in these General Provisions is intended to give any third party any legal or equitable right, remedy, or claim with respect to the encroachment permit and/or to these General Provisions or any provision herein. These General Provisions are for the sole and exclusive benefit of the Permittee and the Department. Where reference is made in such standards to “Contractor” and “Engineer,” these are amended to be read as “Permittee” and “Department’s representative,” respectively, for purposes of this encroachment permit. 8. PLAN CHANGES: Deviations from plans, specifications, and/or the Permit Conditions as defined in General Provision Number 5 are not allowed without prior approval from the Department’s representative and the Federal Highway Administration (“FHWA”) representative if applicable. 9. RIGHT OF ENTRY, INSPECTION AND APPROVAL: All work is subject to monitoring and inspection. The United States, the State, the Department, and the Directors, officers, employees, agents, and/or contractors of the State and/or of the Department, and other state, and federal agencies, and the FHWA, through their agents or representatives, must have full access to highway Page 113 of 280 STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION ENCROACHMENT PERMIT GENERAL PROVISIONS Page 2 of 6 © 2018 California Department of Transportation. All rights reserved. facilities/encroachment area, at any and all times for the purpose of inspection, maintenance, activities needed for construction/reconstruction, and operation of the State highway right-of-way. Upon completion of work, Permittee must request a final inspection for acceptance and approval by the Department. The local public agency Permittee must not give final construction approval to its contractor until final acceptance and approval by the Department is obtained. 10. PERMIT AT WORKSITE: Permittee and Permittee’s authorized contractors/agents must keep the permit package and current list of authorized contractors/agents, or copies thereof, at the work site at all times and must show such documents upon request to any Department representative or law enforcement officer. If the permit package or current list of authorized contractors/agents, or copies thereof, are not kept and made available at the work site at all times, then all work must be suspended. 11. CONFLICTING ENCROACHMENTS: Permittee must yield start of work to ongoing, prior authorized work adjacent to or within the limits of the Permittee’s project site. When existing encroachments conflict with Permittee’s work, the Permittee must bear all cost for rearrangements (e.g., relocation, alteration, removal, etc.). 12. PERMITS, APPROVALS, AND CONCURRENCES FROM OTHER AGENCIES AND/OR ENTITIES: This encroachment permit is invalidated if the Permittee has not obtained all permits, approvals, and concurrences necessary and required by law, including but not limited to those from the California Public Utilities Commission (“CPUC”), California Occupational Safety and Health Administration (“Cal-OSHA”), local and state and federal environmental agencies, the California Coastal Commission, and any other public agency and/or entity having jurisdiction. Permittee is responsible for providing notice of the encroachment to, and obtaining concurrence from, any person or entity (whether public or private) affected by the scope of work described in the encroachment permit, regardless of whether such notice or concurrence is required by law; the Department is not responsible to provide such notice or obtain such concurrence. Permittee warrants all such permits, approvals, and concurrences have been obtained before beginning work under this encroachment permit. The Department may, at the Department’s discretion, require the Permittee to demonstrate that Permittee has obtained all such permits, approvals, and concurrences, and Permittee shall demonstrate this at the time and in the manner specified by the Department. 13. PEDESTRIAN AND BICYCLIST SAFETY: A safe continuous passageway must be maintained through the work area at existing pedestrian or bicycle facilities. At no time must pedestrians be diverted onto a portion of the street used for vehicular traffic. At locations where safe alternate passageways cannot be provided, appropriate signs and barricades must be installed at the limits of construction and in advance of the limits of construction at the nearest crosswalk or intersection to detour pedestrians to facilities across the street. Attention is directed to Section 7-1.04 “Public Safety,” and to Section 12-4.04 “Temporary Pedestrian Access Routes,” and to Section 16-2.02 “Temporary Pedestrian Facility,” of the Department’s Standard Specifications, and to California Vehicle Code section 21760, subdivision (c). 14. PUBLIC TRAFFIC CONTROL: The Permittee must provide traffic control protection, warning signs, lights, safety devices, etc., and take all other measures necessary for the traveling public’s safety as required by law and/or the Department. While providing traffic control, the needs of all road users, including but not limited to motorists, bicyclists and pedestrians, including persons with disabilities in accordance with the Americans with Disabilities Act, must be an essential part of the work activity. Lane, Bike Lane, Sidewalk, Crosswalk, and/or shoulder closures must comply with the Department’s Standard Specifications and Standard Plans for Temporary Traffic Control Systems & Temporary Pedestrian Access Routes, and with the applicable Special Provisions. Where issues are not addressed in the Standard Specifications, Standard Plans, and/or Special Provisions, the California Manual on Uniform Traffic Control Devices (Part 6, Temporary Traffic Control) must be followed. 15. MINIMUM INTERFERENCE WITH TRAFFIC: Permittee must plan and conduct work so as to create the least possible inconvenience to the traveling public (motorized vehicles, unmotorized vehicles such as bicycles, pedestrians, person(s) with disabilities, etc.), such that traffic is not unreasonably delayed. 16. STORAGE OF EQUIPMENT AND MATERIALS: The storage of equipment or materials is not allowed within State highway right-of-way, unless specified within the Special Provisions of this encroachment permit. If encroachment permit Special Provisions allow for the storage of equipment or materials within the State highway right-of-way, the equipment and material storage must also comply with Section 7-1.04, Public Safety, of the Department’s Standard Specifications. 17. CARE OF DRAINAGE: Permittee must provide alternate drainage for any work interfering with an existing drainage facility in compliance with the Department’s Standard Specifications, Standard Plans, and/or as directed by the Department’s representative. 18. RESTORATION AND REPAIRS IN STATE HIGHWAY RIGHT-OF-WAY: Permittee is responsible for restoration and repair of State highway right-of-way resulting from permitted work (Streets and Highways Code, section 670 et seq.). 19. STATE HIGHWAY RIGHT-OF-WAY CLEAN UP: Upon completion of work, Permittee must remove and dispose of all scraps, refuse, brush, timber, materials, etc. off the State highway right-of-way. The aesthetics of the highway must be as it was before work started or better. 20. COST OF WORK: Unless stated otherwise in the encroachment permit or a separate written agreement with the Department, the Permittee must bear all costs Page 114 of 280 STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION ENCROACHMENT PERMIT GENERAL PROVISIONS Page 3 of 6 © 2018 California Department of Transportation. All rights reserved. incurred for work within the State highway right-of-way and waives all claims for indemnification or contribution from the United States, the State, the Department, and from the Directors, officers, and employees of the State and/or the Department. Removal of Permittee’s personal property and improvements shall be at no cost to the United States, the State, and the Department. 21. ACTUAL COST BILLING: When specified in the permit, the Department will bill the Permittee actual costs at the currently set Standard Hourly Rate for encroachment permits. 22. AS-BUILT PLANS: When required, Permittee must submit one (1) set of folded as-built plans within thirty (30) calendar days after completion and acceptance of work in compliance with requirements listed as follows: a) Upon completion of the work provided herein, the Permittee must submit a paper set of As-Built plans to the Department’s representative. b) All changes in the work will be shown on the plans, as issued with the permit, including changes approved by Encroachment Permit Rider. c) The plans are to be prominently stamped or otherwise noted “AS-BUILT” by the Permittee’s representative who was responsible for overseeing the work. Any original plan that was approved with a Department stamp, or by signature of the Department’s representative, must be used for producing the As- Built plans. d) If construction plans include signing or striping, the dates of signing or striping removal, relocation, or installation must be shown on the As-Built plans when required as a condition of the encroachment permit. When the construction plans show signing and striping for staged construction on separate sheets, the sheet for each stage must show the removal, relocation, and installation dates of the appropriate staged striping and signing. e) As-Built plans must contain the Encroachment Permit Number, County, Route, and Post Mile on each sheet. f) The As-Built Plans must not include a disclaimer statement of any kind that differs from the obligations and protections provided by sections 6735 through 6735.6 of the California Business and Professions Code. Such statements constitute non-compliance with Encroachment Permit requirements and may result in the Department retaining Performance Bonds or deposits until proper plans are submitted. Failure to comply may also result in denial of future encroachment permits or a provision requiring a public agency to supply additional bonding. 23. PERMITS FOR RECORD PURPOSES ONLY: When work in the State highway right-of-way is within an area under a Joint Use Agreement (JUA) or a Consent to Common Use Agreement (CCUA), a fee exempt encroachment permit is issued to the Permittee for the purpose of providing a notice and record of work. The Permittee’s prior rights must be preserved without the intention of creating new or different rights or obligations. “Notice and Record Purposes Only” must be stamped across the face of the encroachment permit. 24. BONDING: The Permittee must file bond(s), in advance, in the amount(s) set by the Department and using forms acceptable to the Department. The bonds must name the Department as obligee. Failure to maintain bond(s) in full force and effect will result in the Department stopping all work under this encroachment permit and possibly revoking other encroachment permit(s). Bonds are not required of public corporations or privately-owned utilities unless Permittee failed to comply with the provisions and/or conditions of a prior encroachment permit. The surety company is responsible for any latent defects as provided in California Code of Civil Procedure section 337.15. A local public agency Permittee also must comply with the following requirements: a) In recognition that project construction work done on State property will not be directly funded and paid by State, for the purpose of protecting stop notice claimants and the interests of State relative to successful project completion, the local public agency Permittee agrees to require the construction contractor to furnish both a payment and performance bond in the local public agency’s name with both bonds complying with the requirements set forth in Section 3-1.05 Contract Bonds of the Department’s Standard Specifications before performing any project construction work. b) The local public agency Permittee must defend, indemnify, and hold harmless the United States, the State and the Department, and the Directors, officers, and employees of the State and/or Department, from all project construction related claims by contractors, subcontractors, and suppliers, and from all stop notice and/or mechanic’s lien claimants. The local public agency also agrees to remedy, in a timely manner and to the Department’s satisfaction, any latent defects occurring as a result of the project construction work. 25. FUTURE MOVING OF INSTALLATIONS: Permittee understands and agrees to relocate a permitted installation upon notice by the Department. Unless under prior property right or agreement, the Permittee must comply with said notice at the Permittee’s sole expense. 26. ENVIRONMENTAL: a) ARCHAEOLOGICAL/HISTORICAL: If any archaeological or historical resources are identified or encountered in the work vicinity, the Permittee must immediately stop work, notify the Department’s representative, retain a qualified archaeologist who must evaluate the site at Permittee’s sole expense, and make recommendations to the Department’s representative regarding the continuance of work. b) HAZARDOUS MATERIALS: If any hazardous waste or materials (such as underground storage tanks, asbestos pipes, contaminated soil, etc.) are identified or encountered in the work vicinity, the Permittee must immediately stop work, notify the Department’s representative, retain a qualified hazardous Page 115 of 280 STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION ENCROACHMENT PERMIT GENERAL PROVISIONS Page 4 of 6 © 2018 California Department of Transportation. All rights reserved. waste/material specialist who must evaluate the site at the Permittee’s sole expense, and make recommendations to the Department’s representative regarding the continuance of work. Attention is directed to potential aerially deposited lead (ADL) presence in unpaved areas along highways. It is the Permittee’s responsibility to take all appropriate measures to protect workers in conformance with California Code of Regulations Title 8, Section 1532.1, “Lead,” and with Cal-OSHA Construction Safety Orders, and to ensure roadway soil management is in compliance with Department of Toxic Substances Control (DTSC) requirements. c) BIOLOGICAL: If any regional, state, or federally listed biological resource is identified or encountered in the work vicinity, the Permittee must immediately stop work, notify the Department’s representative, retain a qualified biologist who must evaluate the site at Permittee’s sole expense, and make recommendations to the Department’s representative regarding the continuance of work. 27. PREVAILING WAGES: Work performed by or under an encroachment permit may require Permittee’s contractors and subcontractors to pay appropriate prevailing wages as set by the California Department of Industrial Relations. Inquiries or requests for interpretations relative to enforcement of prevailing wage requirements must be directed to the California Department of Industrial Relations. 28. LIABILITY, DEFENSE, AND INDEMNITY: The Permittee agrees to indemnify and save harmless the United States, the State, the Department, and the Directors, officers, employees, agents and/or contractors of the State and/or of the Department, including but not limited to the Director of Transportation and the Deputy Directors, from any and all claims, demands, damages, costs, liability, suits, or actions of every name, kind, and description, including but not limited to those brought for or on account of property damage, invasion of privacy, violation or deprivation of a right under a state or federal law, environmental damage or penalty, or injury to or death of any person including but not limited to members of the public, the Permittee, persons employed by the Permittee, and/or persons acting on behalf of the Permittee, arising out of or in connection with: (a) the issuance and/or use of this encroachment permit; and/or (b) the encroachment, work, and/or activity conducted pursuant to this encroachment permit, or under color of authority of this encroachment permit but not in full compliance with the Permit Conditions as defined in General Provision Number 5 (“Unauthorized Work or Activity”); and/or (c) the installation, placement, design, existence, operation, and/or maintenance of the encroachment, work, and/or activity; and/or (d) the failure by the Permittee, or by anyone acting for or on behalf of the Permittee, to perform the Permittee’s obligations under any part of the Permit Conditions as defined in General Provision Number 5, in respect to maintenance or any other obligation; and/or (e) any change to the Department’s property or adjacent property, including but not limited to the features or conditions of either of them, made by the Permittee or anyone acting on behalf of the Permittee; and/or (f) a defect or obstruction related to or caused by the encroachment, work, and/or activity whether conducted in compliance with the Permit Conditions as defined in General Provision Number 5 or constituting Unauthorized Work or Activity, or from any cause whatsoever. The duty of the Permittee to indemnify and save harmless includes the duties to defend as set forth in Section 2778 of the Civil Code. It is the intent of the Department and the Permittee that except as prohibited by law, the Permittee will defend, indemnify, and hold harmless as set forth in this General Provision Number 28 regardless of the existence or degree of fault or negligence, whether active or passive, primary or secondary, on the part of: the United States, the State; the Department; the Directors, officers, employees, agents and/or contractors of the State and/or of the Department, including but not limited to the Director of Transportation and the Deputy Directors; the Permittee; persons employed by the Permittee; and/or persons acting on behalf of the Permittee. The Permittee waives any and all rights to any type of expressed or implied indemnity from or against the United States, the State, the Department, and the Directors, officers, employees, agents, and/or contractors of the State and/or of the Department, including but not limited to the Director of Transportation and the Deputy Directors. The Permittee understands and agrees to comply with the obligations of Titles II and III of the Americans with Disabilities Act in the conduct of the encroachment, work, and/or activity whether conducted pursuant to this encroachment permit or constituting Unauthorized Work or Activity, and further agrees to defend, indemnify, and save harmless the United States, the State, the Department, and the Directors, officers, employees, agents, and/or contractors of the State and/or of the Department, including but not limited to the Director of Transportation and the Deputy Directors, from any and all claims, demands, damages, costs, penalties, liability, suits, or actions of every name, kind, and description arising out of or by virtue of the Americans with Disabilities Act. The Permittee understands and agrees the Directors, officers, employees, agents, and/or contractors of the State and/or of the Department, including but not limited to the Director of Transportation and the Deputy Directors, are not personally responsible for any liability arising from or by virtue of this encroachment permit. For the purpose of this General Provision Number 28 and all paragraphs herein, “contractors of the State and/or of the Department” includes contractors, and their subcontractors, under contract to the State and/or the Department. This General Provision Number 28 and all paragraphs herein take effect immediately upon issuance of this encroachment permit, and apply before, during, and after the encroachment, work, and/or activity Page 116 of 280 STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION ENCROACHMENT PERMIT GENERAL PROVISIONS Page 5 of 6 © 2018 California Department of Transportation. All rights reserved. contemplated under this encroachment permit, whether such work is in compliance with the Permit Conditions as defined in General Provision Number 5 or constitutes Unauthorized Work or Activity, except as otherwise provided by California law. The Permittee’s obligations to defend, indemnify, and save harmless under this General Provision Number 28 take effect immediately upon issuance of this encroachment permit and have no expiration date, including but not limited to situations in which this encroachment permit expires or is revoked, the work or activity performed under this encroachment permit is accepted or not accepted by the Department, the encroachment, work, and/or activity is conducted in compliance with the Permit Conditions as defined in General Provision Number 5 or constitutes Unauthorized Work or Activity, and/or no work or activity is undertaken by the Permittee or by others on the Permittee’s behalf. If the United States or an agency, department, or board of the United States is the Permittee, the first two paragraphs of this General Provision Number 28 (beginning “The Permittee agrees to indemnify…” and “It is the intent of the parties…”) are replaced by the following paragraph: Claims for personal injury, death, or property damage allegedly caused by the negligent or wrongful act or omission of any employee of the United States acting within the scope of their official duties are subject to the Federal Tort Claims Act, as amended, 28 U.S.C. § 1346 and § 2671 et seq. (Chapter 171). 29. NO PRECEDENT ESTABLISHED: This encroachment permit is issued with the understanding that it does not establish a precedent. 30. FEDERAL CIVIL RIGHTS REQUIREMENTS FOR PUBLIC ACCOMMODATION: a) As part of the consideration for being issued this encroachment permit, the Permittee, on behalf of Permittee and on behalf of Permittee’s personal representatives, successors in interest, and assigns, does hereby covenant and agree that: i) No person on the grounds of race, color, or national origin may be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities. ii) That in connection with the construction of any improvements on said lands and the furnishings of services thereon, no discrimination must be practiced in the selection and retention of first-tier subcontractors in the selection of second-tier subcontractors. iii) That such discrimination must not be practiced against the public in their access to and use of the facilities and services provided for public accommodations (such as eating, sleeping, rest, recreation), and operation on, over, or under the space of the State highway right-of-way. iv) That the Permittee must use the premises in compliance with all other requirements imposed pursuant to Title 15, Code of Federal Regulations, Commerce and Foreign Trade, Subtitle A. Office of the Secretary of Commerce, Part 8 (15 C.F.R. Part 8) and as said Regulations may be amended. b) That in the event of breach of any of the above nondiscrimination covenants, the State and the Department have the right to terminate this encroachment permit and to re-enter and repossess said land and the facilities thereon and hold the same as if said permit had never been made or issued. 31. MAINTENANCE: The Permittee is responsible at Permittee’s sole expense for the encroachment, and the inspection, maintenance, repair, and condition thereof, and is responsible to ensure the encroachment does not negatively impact State highway safety, maintenance, operations, construction, State facilities, activities related to construction/reconstruction, or other encroachments. The Permittee’s obligations in the preceding sentence take effect immediately upon issuance of this encroachment permit and continue until the encroachment is entirely and permanently removed. Additional encroachment permits or approval documents may be required authorizing work related to inspection, repair, and/or maintenance activities. Contact the Department for information. 32. SPECIAL EVENTS: In accordance with subdivision (a) of Streets and Highways Code section 682.5 and 682.7, the Department is not responsible for the conduct or operation of the permitted activity, and the applicant agrees to defend, indemnify, and hold harmless the United States, the State, the Department, and the Directors, officers, employees, agents, and contractors of the State and/or of the Department, including but not limited to the Director of Transportation and the Deputy Directors, from any and all claims, demands, damages, costs, liability, suits, or actions of every name, kind and description arising out of any activity for which this encroachment permit is issued. The Permittee is required, as a condition of this encroachment permit, for any event that awards prize compensation to competitors in gendered categories, for any participant level that receives prize compensation, to ensure the prize compensation for each gendered category is identical at each participant level. (Streets and Highways Code, section 682.7.) The Permittee understands and agrees to comply with the obligations of Titles II and III of the Americans with Disabilities Act in the conduct of the event, and further agrees to defend, indemnify, and save harmless the United State, the State and the Department, and the Directors, officers, and employees of the State and/or Department, including but not limited to the Director of the Department and the Deputy Directors, from any and all claims, demands, damages, costs, liability, suits, or actions of every name, kind and description arising out of or by virtue of the Americans with Disabilities Act. 33. PRIVATE USE OF STATE HIGHWAY RIGHT-OF-WAY: State highway right-of-way must not be used for private purposes without compensation to the State. The gifting Page 117 of 280 STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION ENCROACHMENT PERMIT GENERAL PROVISIONS Page 6 of 6 © 2018 California Department of Transportation. All rights reserved. of public property uses and therefore public funds is prohibited under the California Constitution, Article XVI, Section 6. 34. FIELD WORK REIMBURSEMENT: Permittee must reimburse the Department for field work performed by or on behalf of the Department to correct or remedy issues created by the Permittee or by others acting on behalf of the Permittee, including but not limited to hazards or damaged facilities, or to clear refuse, debris, etc. not attended to by the Permittee or by others acting on behalf of the Permittee. 35. LANE CLOSURE REQUEST SUBMITTALS AND NOTIFICATION OF CLOSURES TO THE DEPARTMENT: Lane closure request submittals and notifications must be in accordance with Section 12-4.02, and Section 12.4-04, of the Department’s Standard Specifications or as directed by the Department’s representative. The Permittee must notify the Department’s representative and the Traffic Management Center (“TMC”) before initiating a lane closure or conducting an activity that may cause a traffic impact. In emergency situations when the corrective work or the emergency itself may affect traffic, the Department’s representative and the TMC must be notified as soon as possible. 36. SUSPENSION OF TRAFFIC CONTROL OPERATION: The Permittee, upon notification by the Department’s representative, must immediately suspend all traffic lane, bike lane, sidewalk, crosswalk, and/or shoulder closure operations and any operation that impedes the flow of traffic. All costs associated with this suspension must be borne by the Permittee. 37. UNDERGROUND SERVICE ALERT (USA) NOTIFICATION: Any excavation requires compliance with the provisions of Government Code section 4216 et seq., including but not limited to notice to a regional notification center, such as Underground Service Alert (USA). The Permittee must provide notification to the Department representative at least five (5) business days before, and the regional notification center at least forty- eight (48) hours before, performing any excavation work within the State highway right-of-way. 38. COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA): All work within the State highway right-of-way to construct and/or maintain any public facility must be designed, maintained, and constructed strictly in accordance with all applicable Federal Access laws and regulations (including but not limited to Section 504 of the Rehabilitation Act of 1973, codified at 29 U.S.C. § 794), California Access laws and regulations relating to ADA, along with its implementing regulations, Title 28 of the Code of Federal Regulations Parts 35 and 36 (28 C.F.R., Ch. I, Part 35, § 35.101 et seq., and Part 36, § 36.101 et seq.), Title 36 of the Code of Federal Regulations Part 1191 (36 C.F.R., Ch. XI, Part 1191, § 1119.1 et seq.), Title 49 of the Code of Federal Regulations Part 37 (49 C.F.R., Ch. A, Part 37, § 37.1 et seq.), the United States Department of Justice Title II and Title III for the ADA, and California Government Code section 4450 et seq., which require public facilities be made accessible to persons with disabilities. Notwithstanding the requirements of the previous paragraph, all construction, design, and maintenance of public facilities must also comply with the Department’s Design Information Bulletin 82, “Pedestrian Accessibility Guidelines for Highway Projects” and Standard Plans & Specifications on “Temporary Pedestrian Access Routes.” 39. STORMWATER: The Permittee is responsible for full compliance with the following: a) For all projects, the Department’s Storm Water Program and the Department’s National Pollutant Discharge Elimination System (NPDES) Permit requirements under Order No. 2012-0011-DWQ, NPDES No CAS000003; and b) In addition, for projects disturbing one acre or more of soil, with the California Construction General Permit Order No. 2009-0009-DWQ, NPDES No CAS000002; and c) In addition, for projects disturbing one acre or more of soil in the Lahontan Region with Order No. R6T-2016- 0010, NPDES No CAG616002. d) For all projects, it is the Permittee’s responsibility to install, inspect, repair, and maintain all facilities and devices used for water pollution control practices (Best Management Practices/BMPs) before performing daily work activities. Page 118 of 280 STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION HAZARDOUS MATERIALS AND HAZARDOUS WASTE MANAGEMENT SPECIAL PROVISIONS TR-0408 (New 09/2017) By acceptance of this encroachment permit, Permittee hereby agrees that: 1. All construction debris/materials/water/excess soil must become the property of the Permittee, and must be transported and disposed of, outside of Caltrans’ right-of-way, in accordance with all applicable environmental laws and regulations. The Permittee must be identified as the generator for all construction debris/materials/water/excess soil and must be responsible for proper identification (including sampling and analysis) and management of all construction and contaminated debris/materials/water/excess soil that are removed, and/or excavated, from the work site. If hazardous waste is generated, the Permittee must obtain an Environmental Protection Agency (EPA) Identification Number issued in their name. State Permit Inspector does not sign any manifests or shipping papers. The Permittee must be named as the generator on all Uniform Hazardous Waste Manifests and shipping papers. Caltrans must not be identified or written anywhere on the manifests or shipping papers. Prior to waste disposal, the Permittee should submit the waste generator form(s) to State Permit Inspector for verification. The Permittee must submit to the State Permit Inspector, a copy of all manifests and/or shipping papers generated for materials removed, transported and/or excavated from the state right-of-way. 2. If contaminated material is encountered, Permittee is to stop work and contact the State Permit Inspector immediately. The Permittee must submit a Sampling and Analysis Plan (SAP), and a Health and Safety Plan (HaSP) prepared by a Certified Industrial Hygienist (CIH) and in conformance with California Code of Regulations title 8, section 5192, “Hazardous Waste Operations and Emergency Response” for sampling activity through a separate permit application. Upon the permit review, additional environmental documents may be required prior to resumption of construction activity. 3. Permittee is responsible for any violation, penalty, enforcement action, corrective action, remedial action, and any other type of consequences resulting from cross contamination of groundwater (including perched groundwater), improper handling/managing of hazardous materials and/or placement of contaminated materials inside Caltrans right-of-way. 4. It is the Permittee’s responsibility to comply with the Department of Toxic Substances Control (DTSC) ADL requirements for roadway soil management. Reuse of soils containing greater than 80 mg/kg total lead is not allowed without written approval of the DTSC and Caltrans. The Soil Management Agreement for Aerially Deposited Lead-Contaminated Soils between Caltrans and the DTSC does not constitute written approval for the Permittee to reuse soils containing greater than 80 mg/kg total lead. 5. The Permittee must implement the emergency notification requirements established in the California Office of Emergency Management Hazardous Materials, Spill / Release Notification Guidance (http://www.caloes.ca.gov/). 6. Any imported material used for backfill must be free of contamination, and a certificate of the material as “clean” with the source area of the material must be provided to Permit Inspector upon request. Importing soils containing greater than 80 mg/kg total lead for use in state right-of-way is not allowed. 7. Stockpiles of material containing aerially deposited lead shall not be placed where affected by surface run-on or run-off. Stockpiles shall be covered with plastic sheeting 13 mils minimum thickness or with one foot of nonhazardous material. Stockpiles shall not be placed in environmentally sensitive areas. Stockpiled material shall not enter storm drains, inlets, or waters of the State. Page 119 of 280 STATE OF CALIFORNIA • DEPARTMENT OF TRANSPORTATION ENCROACHMENT PERMIT SPECIAL PROVISIONS © 2018 California Department of Transportation. All Rights Reserved. PEDESTRIAN SAFETY (MCP) In addition to the attached Encroachment Permit General Provisions (TR-0045), the following special provisions are also applicable: 1. When the work area encroaches upon a sidewalk, walkway, or crosswalk area, special consideration must be given to pedestrian safety. Protective barricades, fencing, handrails and bridges, together with warning and guidance devices and signs must be utilized so that the passageway for pedestrians, especially blind and other physically handicapped, is safe and well defined and shown on the approved permit plan. 2. Pedestrian walkways and canopies within State Right of Way shall comply with the requirements of the applicable local agency or of the latest edition of the Uniform Building Code whichever contains the higher standards. Page 120 of 280 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Page 1 of 3 ENCROACHMENT PERMIT SPECIAL PROVISIONS STORMWATER SPECIAL PROVISIONS FOR MINIMAL OR NO IMPACT (SWSP) TR-0400 (Rev 05/2018) 1. GENERAL: The purpose of these Special Provisions is to provide the Permittee with specifications for water pollution control to minimize, prevent, or control the discharge of material into the air, surface waters, groundwater, and storm sewers owned by the State or local agencies. These provisions are not intended to take the place of the Caltrans Water Pollution Control Program (WPCP) for projects where soil disturbance from work activities less than one acre, or work activities of one acre or more subject to the preparation of the Caltrans Storm Water Pollution Prevention Plan (SWPPP). The Permittee must comply with the following Special Provisions and the direction of the State Representative. All Stormwater Best Management Practices (BMPs) must conform to Section 13 Water Pollution Control of Caltrans’ Standard Specifications. 2. NPDES REQUIREMENTS: The Permittee must be responsible for full compliance with the Caltrans Storm Water Program and the Caltrans National Pollutant Discharge Elimination System (NPDES) Permit requirements (Order No. 2012-0011-DWQ, NPDES No CAS000003) and for and projects disturbing one acre or more of soil, full compliance with the California Construction General Permit (Order No. 2009-0009-DWQ, NPDES No CAS000002) or for projects for projects that have one acre or more of soil disturbance in the Lahontan Region (Order No. R6T-2016-0010, NPDES No CAG616002). It is the Permittee’s responsibility to install, inspect, and repair or maintain facilities and devices used for water pollution control practices (BMPs) before performing daily work activities. Installation, inspection and maintenance responsibilities on the job site include: 1) soil stabilization materials in work areas that are inactive or prior to storm events, 2) water pollution control devices to control sediment and erosion, 3) implementation of spill and leak prevention procedures for chemical and hazardous substances stored on the job site, 4) material storage, 5) stockpile management, 6) waste management, 7) non- stormwater management, 8) water conservation, 9) tracking controls and 10) illicit connection, illegal discharge detection and reporting. The Permittee must report to the State representative when discharges enter into receiving waters, adjacent property, drainage systems or when discharges could be a cause or a threat for water pollution. The Permittee must also control illicit discharges or illegal dumping prior to start of daily work schedule. Copies of written notices or orders from the Regional Water Quality Control Board or other regulatory agency must be provided to the State representative within 48 hours of reported activity. F or additional information on stormwater compliance, visit the State Water Resources Control Boards storm water Website at: http://www.waterboards.ca.gov/water_issues/progra ms/stormwater 3. RESPONSIBILITY FOR DEBRIS REMOVAL: The Permittee must be responsible for preventing sediment, trash, debris, and other construction waste from entering the street, the storm drains, local creeks, or any other bodies of water. 4. SPOILS AND RESIDUE: The Permittee must vacuum any saw-cut concrete waste material, debris, residue, etc. No spoils, debris, residue, etc. must be washed into a drainage system. 5. SWEEPING: Sweep paved roads at construction entrance and exit locations and surrounding paved areas daily within the job site during: 1) clearing and grubbing, 2) earthwork, 3) trenching, 4) soil disturbance, 5) pavement grinding and/or cutting, and 6) after observing tracking of material onto or off the State property. Keep dust to a minimum during sweeping activities. Use vacuum whenever dust generation is excessive or sediment pickup is ineffective. Roadways or work areas must not be washed down with water. Street sweeping operations must conform to Section 13 Water Pollution Control of Caltrans’ Standard Specifications. 6. VEHICLES AND EQUIPMENT: Permittee must prevent all vehicles, equipment, etc. from leakage or mud tracking onto roadways. If leaks cannot be repaired immediately, remove the vehicle or equipment from the job site. 7. MAINTENANCE AND FUELING OF VEHICLES AND EQUIPMENT: Maintenance and fueling of equipment must not result in any pollution at the job site. The Permittee must immediately clean up spills/leaks, and properly dispose of contaminated soil and materials. 8. CLEANING VEHICLES AND EQUIPMENT: Limit vehicle and equipment cleaning or washing at the job site except what is necessary to control vehicle tracking or hazardous waste. The Permittee must clean all equipment within a bermed area or over a drip pan large enough to prevent run-off. No soaps, solvents, degreasers, etc. must be used in State right-of-way. Any water from this operation must be collected and disposed of at an appropriate site. Containment berms or dikes must be used for fueling, washing, maintaining and washing vehicles or equipment in outside areas. Containment must be performed at least 100 feet from concentrated flows of Page 121 of 280 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Page 2 of 3 ENCROACHMENT PERMIT SPECIAL PROVISIONS storm water, drainage courses, and storm drain inlets if within a flood plain, otherwise at least 50 feet if outside the floodplain. Keep adequate quantities of absorbent spill- cleanup material and spill kits in the fueling or maintenance area and on fueling trucks. 9. DIESEL FUELS: The use of diesel fuel from petroleum or other fossil fuel as a form-oil or solvent is not allowed. 10. WEATHER CONDITIONS AT WORKSITE: Any activity that would generate fine particles or dust that could be transported off site by stormwater must be performed during dry weather. 11. WIND EROSION PROTECTION: The use of Wind Erosion BMPs must be deployed year-round in instances where dust or fine particles could be transported off site. 12. HOT MIX ASPHALT: Runoff from washing hot mix asphalt must not enter into any drainage conveyances. 13. PROTECTION OF DRAINAGE FACILITIES: The Permittee must protect/cover gutters, ditches, drainage courses, and inlets with gravel bags, fiber rolls, State approved fabric filters, etc., to the satisfaction of the State representative during grading, paving, saw-cutting, etc. and materials must conform to Section 13-6.02 Materials for Water Pollution Control of Caltrans’ Standard Specifications. No such protection measures must cause an obstruction to the traveling public. The Permittee must implement spill and leak prevention procedures for chemicals and hazardous substances stored on the job site (including secondary containment requirements) in accordance with section 13-4.03B Spill Prevention and Control, and 14-11 Hazardous Waste and Contamination, Water Pollution Control of Caltrans’ Standard Specifications. 14. PAINT: Rinsing of painting equipment and materials is not permitted in State right-of-way. When thoroughly dry, dispose of the following as solid waste: dry latex paint, paint cans, used brushes, rags, gloves, absorbent materials, and drop cloths. Oil based paint sludge and unusable thinner must be disposed of at an approved hazardous waste site. 15. CONSTRUCTION MATERIALS: Stockpile of all construction materials, including, but not limited to; pressure treated wood, asphalt concrete, cold mix asphalt concrete, concrete, grout, cement containing premixes, and mortar, must conform to section 13-4.03C (2) Material Storage & 13-4.03C (3) Stockpile Management of Caltrans’ Standard Specifications. 16. CONCRETE EQUIPMENT: Concrete equipment must be washed in a designated washing area in a way that does not contaminate soil, receiving waters, or storm drain systems. 17. EXISTING VEGETATION: Established existing vegetation is the best form of erosion control. Minimize disturbance to existing vegetation. Damaged or removed vegetation must be replaced as directed by the State Representative. 18. SOIL DISTURBANCE: Soil disturbing activities must be avoided during the wet weather season. I f construction activities during wet weather are allowed in your permit, all necessary erosion control and soil stabilization measures must be implemented in advance of soil disturbing activity. 19. SLOPE STABILIZATION AND SEDIMENT CONTROL: Consider a certified expert in Erosion and Sediment control in cases where slopes are disturbed during construction. The Permittee is directed to comply with Section 13.5 Temporary Soil Stabilization and Section 21 Erosion Control of Caltrans’ Standard Specifications during application of temporary soil stabilization measures to the soil surface. Fiber rolls or silt fences may be required down slope until permanent soil stabilization is established. Remove the accumulated sediment whenever the sediment accumulates to 1/3 of the linear sediment barrier height. The Permittee must limit the use of plastic materials when more sustainable, environmentally friendly alternatives exist or when environmental regulations prohibit their use within the project. 20. STOCKPILES: Stockpiles containing aggregate and/or soil must be stored at least 100 feet from concentrated flows of storm water, drainage courses, and storm drain inlets if within a flood plain, otherwise at least 50 feet if outside the floodplain, and must be covered and protected with a temporary perimeter sediment barrier. Cold mix stockpiles must be stored on an impermeable surface and covered with 9 mil plastic to prevent contact with water. Minimize stockpiling of materials on the job site. Manage stockpiles by implementing the water pollution control practices in Section 13-4.03C (3) Stockpile Management of the State of California standard specifications for construction. 21. DISCOVERY OF CONTAMINATION: The State Representative must be notified in case any unusual discoloration, odor, or texture of ground water, is found in excavated material or if abandoned, underground tanks, pipes, or buried debris are encountered. 22. SANITARY AND SEPTIC WASTE: Do not bury or discharge wastewater from a sanitary or septic system within the highway. Properly connected sewer facilities are free from leaks. With State Representative approval place portable sanitary facility at least 50 feet away from storm drains, receiving waters, and flow lines. Permittee must comply with local health agency provisions when using an on-site disposal system. 23. LIQUID WASTE: Prevent job site liquid waste from entering storm drain systems and receiving waters. Drilling slurries, grease or oil-free waste water or rinse water, dredging, wash water or rinse water running off a surface or other non-storm water liquids not covered Page 122 of 280 STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION Page 3 of 3 ENCROACHMENT PERMIT SPECIAL PROVISIONS under separate waste water permits must be held in structurally sound, leak-proof containers, such as portable bins or portable tanks. Store containers at least 50 feet away from moving vehicles and equipment. Liquid waste may require testing to determine hazardous material content prior to disposal. All measures must conform to section 13-4.03D (5) Liquid Waste, Water Pollution Control of Caltrans’ Standard Specifications. 24. WATER CONTROL AND CONSER VATION: Manage water use in a w ay that will prevent erosion and the discharge of pollutants into storm drain systems and receiving waters. Direct runoff, including water from water line repair from the job site to areas where it can infiltrate into the ground. Direct water from off-site sources around the job site or from contact with jobsite runoff. 25. PILE DRIVING: Keep spill kits and cleanup materials at pile driving locations. Park pile driving equipment over drip pans, absorbent pads, or plastic sheeting with absorbent material, and away from stormwater run-on when not in use. 26. DEWATERING: Dewatering consists of discharging accumulated storm water, groundwater, or surface water from excavations or temporary containment facilities. All dewatering operations must comply with the latest Caltrans guidelines including the Field Guide for Construction Site Dewatering. Contact State representative for approval of dewatering discharge by infiltration or evaporation, otherwise, any effluent discharged into a permitted storm water system requires approval from the Regional Water Quality Control Board. Prior to the start of dewatering, the Permittee must provide the State Representative with a dewatering and discharge work plan that complies with section 13-4.03G Dewatering, Water Pollution Control of Caltrans’ Standard Specifications. A copy of the Waste Discharge Permit and a copy of a valid WDID number issued by the Regional Board must be provided to the State representative. Page 123 of 280 Page 124 of 280