HomeMy WebLinkAbout90646 Plans and Specifications1APRIL 2015 5APPROVED BYSPECIFICATION NO.FILE NO./LOCATIONDATE OFSHEETcity of san luis obispo 90646 1050 Southwood Drive San Luis Obispo, CA 93401 P 805.544.7407 F 805.544.3863NO. 53418BARBARA LY N C H REGISTERED PROFESSIONA L E N G I N E ER S T A T E OF CALIFORNIAEXP.CIVIL6/30/15
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21" = 20'DEWATERING PLAN CITY SPECIFICATION NO.DATE:PROJECT TITLE:SHEET TITLE:ofSHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:1050 Southwood Drive San Luis Obispo, CA 93401 P 805.544.7407 F 805.544.3863 APRIL 2015 5BDWBDW90646
31" = 20'EXCAVATION PLAN CITY SPECIFICATION NO.DATE:PROJECT TITLE:SHEET TITLE:ofSHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:1050 Southwood Drive San Luis Obispo, CA 93401 P 805.544.7407 F 805.544.3863 APRIL 2015 5BDWBDW90646
41" = 10'RESTORATION PLAN (1)CITY SPECIFICATION NO.DATE:PROJECT TITLE:SHEET TITLE:ofSHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:1050 Southwood Drive San Luis Obispo, CA 93401 P 805.544.7407 F 805.544.3863 APRIL 2015 5BDWBDW90646
51" = 10'RESTORATION PLAN (2)CITY SPECIFICATION NO.DATE:PROJECT TITLE:SHEET TITLE:ofSHEET NO.DESIGNED BY:DRAWN BY:CHECKED BY:APPROVED BY:SCALE:1050 Southwood Drive San Luis Obispo, CA 93401 P 805.544.7407 F 805.544.3863 APRIL 2015 5BDWBDW90646
SPECIAL PROVISIONS
FOR
CITY OF SAN LUIS OBISPO
TORO STREET BANK STABILIZATION
Specification No. 90646
APRIL 2015
PUBLIC WORKS DEPARTMENT
ENGINEERING DIVISION
919 Palm Street
San Luis Obispo, CA 93401
(805) 781-7200
Toro Street Bank Stabilization
Specification No. 90646
Approval Date: <<date of CM or CAR Report Authorizing Advertisement>>
NOTICE TO BIDDERS
i
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, California 93401, until
2:00 p.m. on May 28, 2015
at which time they will be publicly opened and read aloud. Submit bid in a sealed envelope plainly
marked:
Toro Street Bank Stabilization, Specification No. 90646
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.
All bids are to be compared on the basis of 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:
http://www.slocity.org/government/department-directory/public-works/public-works-bids-proposals
A printed copy may be obtained at the office of the City Engineer by paying a non-refundable fee of:
1. $35.00 if picked up in person, or
2. $55.00 if by mailing to the office of the City Engineer.
Request must include Specification Number. The office of the City Engineer is located at:
919 Palm Street
San Luis Obispo, CA 93401
NOTICE TO BIDDERS
ii
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
A printed copy may be obtained by paying a non-refundable of:
1. $16.00 if picked up in person, or
2. $21.00 if by mailing to the office of the City Engineer
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.
Contact the project manager, Dan Van Beveren at (805) 783-7715 or 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: http://www.slocity.org/government/department-directory/public-works/public-works-bids-
proposals.
PROJECT INFORMATION
In general the project consists of the repair of two existing sack concrete retaining walls and the removal of
accumulated sediment from San Luis Obispo Creek beneath the Toro Street Bridge.
The project estimated construction cost is $70,000.
Contract time is established as 40 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 web site: www.dir.ca.gov/DLSR/PWD/ This project is subject
to compliance monitoring and enforcement by the Department of Industrial Relations.
There will be a non-mandatory walkthrough on May 19, 2015. Bidders should meet at the southeast
corner of Marsh Street and Toro Street at 10:00 am.
QUALIFICATIONS
You must possess a valid Class A Contractor's License at the time of the bid opening.
You and any subcontractors must be registered with the Department of Industrial Relations
pursuant to Section 1725.5.
You must have experience constructing projects similar to the work specified for this project. Provide
three similar reference projects completed as either the prime or subcontractor. All referenced projects
must be completed within the last five years from this project’s bid opening date.
One of the three reference projects must have been completed under contract with a city, county,
state or federal government agency as the prime contractor.
All referenced projects must be for work within a creek or wetland environment including at least one
project which involved dewatering of the creek.
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.
NOTICE TO BIDDERS
iii
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.
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.
In the event that 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 TOTAL PROJECT BID.
The award of the contract is contingent upon the approval of the City’s 2015-17 Financial Plan which
amends the construction budget by an additional $50,000.
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.
NOTICE TO BIDDERS
iv
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 Kathryn Stanley at
(805) 781-7200. Telecommunications Device for the Deaf (805) 781-7107. Requests should be made as
soon as possible to allow time for accommodation.
BID FORMS
A
All bid forms must be completed and submitted with your bid. Failure to submit these forms and required
bid bond will be cause to reject the bid as nonresponsive. Staple all bid forms together.
THE UNDERSIGNED, agrees that they have carefully examined:
3. the location of the proposed work
4. the plans and specifications
5. read the accompanying instructions to bidders
and propose to furnish all:
6. materials
7. labor
to complete all the required work satisfactorily in compliance with
8. plans
9. specifications
10. special provisions
for the prices set forth in the bid item list:
BID ITEM LIST FOR TORO STREET BANK STABILIZATION, SPECIFICATION NO. 90646
Item Item Unit of Estimated Item Price Total
No. SS(1) Description Measure Quantity (in figures) (in figures)
1 5, 14 Permit Compliance LS 1
2 16, 19 Sediment Removal LS 1
3 14 Creek Diversions & Dewatering LS 1
4 51 Concrete Creek Bank Protection #1 LF 65
5 51 Concrete Creek Bank Protection #2 LS 1
6 72 Boulder Clusters TON 34
Bid Total $
Company Name:
(1) refers to section in the Standard Specifications, with modifications in the Special Provisions, that describe
required work.
BID FORMS
B
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 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
Address and Phone
Number of Office, Mill or
Shop Specific Description of
Subcontract
% of
Total
Base
Bid
Attach additional sheets as needed.
BID FORMS
C
(Rev 9-07)
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 states 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 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
Attach documentation of registration with the Department of Industrial Relations and date of registration
per Labor Code Section 1725.5(a)(1).
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.
BID FORMS
D
NONCOLLUSION 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:____________________
BID FORMS
E
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)
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
BID FORMS
F
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 & Location
Did this project include work within a
creek or wetland environment?
Yes □ No □
Describe the services provided and how this project is similar
to that which is being bid:
Did this project include stream diversion?
Yes □ No □
Was this contract for a public agency?
Yes □ No □
Date project completed:
Reference Number 2
Customer Name, Contact Individual, telephone & email
Project Name & Location
Did this project include work within a
creek or wetland environment?
Yes □ No □
Describe the services provided and how this project is similar
to that which is being bid:
Did this project include stream diversion?
Yes □ No □
Was this contract for a public agency?
Yes □ No □
Date project completed:
Reference Number 3
Customer Name, Contact Individual, telephone & email
Project Name & Location
Did this project include work within a
creek or wetland environment?
Yes □ No □
Describe the services provided and how this project is similar
to that which is being bid:
Did this project include stream diversion?
Yes □ No □
Was this contract for a public agency?
Yes □ No □
Date project completed:
BID FORMS
G
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)
SPECIAL PROVISIONS
1
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. Toro Street Bank Stabilization Special Provisions
2. City of San Luis Obispo Standard Specifications and Engineering Standards – 2014 edition
3. State of California, Department of Transportation Standard Specifications and Standard Plans –
2010 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 6 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
2 BIDDING
Replace Section 2-1.33A with:
Furnish bid using blank forms provided in the Special Provisions. Bid must include all forms and must be
signed by the bidder.
4 SCOPE OF WORK
Add to Section 4-1.03 Work Description
Comply with the provisions of Sections 5, 14, 16, 19, 51, 64 and 72 for general, material, construction,
and payment specifics.
5 CONTROL OF WORK
Add to Section 5-1.01 Control of Work General
Adjustments to working hours may be imposed due to public traffic impacts in compliance with section
7-1.03B.
Add to Section 5-1.13A Sub-Contracting General
A representative of the prime contractor must be on site when any subcontractor is performing contract
work. Contract work will not be allowed to continue until prime contractor’s representative is on site.
Add to Section 5-1.20B Permits, Licenses, Agreements, and Certifications
The City has obtained permits from the following agencies which govern work within the project area:
1. California Department of Fish and Wildlife
2. California Regional Water Quality Control Board
SPECIAL PROVISIONS
2
3. U.S. Army Corps of Engineers
Copies of the permits are attached to these Special Provisions. You must comply with these permits.
Monitoring must comply with Section 14 of the Standard Specifications.
Conditions associated with the regulatory permits, and any modifications to those agreements or permits
will be fully binding to you. The provisions of this section shall be made a part of every subcontract
executed pursuant to this contract. Any penalties associated with a violation by you are your
responsibility.
Add to Section 5-1.36A General
Repair to damage must comply with the associated sections of the specifications, standards, and plans.
Add to Section 5-1.36D Nonhighway Facilities
Existing third party (non City-owned) utilities are shown on project plans for information purposes only. It
is your responsibility to contact “Underground Service Alert USA” and have site marked prior to start of
excavation or sawcutting. The City of San Luis Obispo is not responsible for any:
1. damages
2. costs
3. delay
4. expenses
resulting from a third party underground facility operator’s failure to comply with stipulations as set forth in
4216.7.(c) of California Government Code.
Add to Section 5-1.43A Potential Claims and Dispute Resolution General
Potential claim forms are located on the City’s website:
www.slocity.org/government/department-directory/public-works/documents-online/construction-
documents
7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC
Add to Section 7-1.02K(1) General
The project is subject to compliance monitoring and enforcement by the Department of Industrial
Relations.
Add to Section 7-1.03B Traffic Control Plan
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
Your Traffic Control Plan may include the closure of Toro Street to vehicles between 11:00 am and 4:00
pm up to ten occurrences through the duration of the project. Maintain access to the shopping center
truck delivery driveway, on the east side of Toro Street, and pedestrian access through the entire length
of Toro Street at all times.
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 in
order to restore free flowing of traffic.
Replace Section 7-1.06 with:
7-1.06A General
Procure and maintain for the duration of the contract, insurance against claims for:
1. injuries to persons
SPECIAL PROVISIONS
3
2. damages to property
which may arise from or in connection with the performance of the work by your:
1. agents
2. representatives
3. employees
4. subcontractor
Provide:
1. Commercial General Liability Insurance
2. Commercial General Liability Insurance Endorsement
3. Automotive Liability Insurance
4. Automotive Liability Insurance Endorsement
5. Workers’ Compensation Insurance
7-1.06B Minimum Scope of Insurance
Coverage must be at least as broad as:
1. Insurance Services Office Commercial General Liability coverage:
a. CG 20 10 Prior to 1993
b. CG 20 10 07 04 with CG 20 37 10 01
2. Insurance Services Office form number CA 0001 (January 1987 Edition) covering Automobile
Liability, code 1 (any auto).
3. Workers' Compensation insurance as required by the State of California and Employer's Liability
Insurance.
7-1.06C Minimum Limits of Insurance
Maintain insurance limits no less than:
1. General Liability:
a. $1,000,000 per occurrence for bodily injury, personal injury and property damage.
b. If Commercial General Liability or other form with a general aggregate limit is used, either the
c. general aggregate limit must apply separately to this project/location
d. the general aggregate limit must be twice the required occurrence limit.
2. Automobile Liability:
a. $1,000,000 per accident for bodily injury and property damage.
3. Employer's Liability:
a. $1,000,000 per accident for bodily injury or disease.
7-1.06D Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of
the City, either:
1. the insurer must reduce or eliminate the deductibles
2. procure a bond guaranteeing payment of:
a. losses and related investigations
b. claim administration and defense expenses.
7-1.06E Other Insurance Provisions
The general liability and automobile liability policies are to contain, or be endorsed to contain, the
following provisions:
1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds
as respects:
a. liability arising out of activities performed by or on behalf of you
b. your products and completed operations
c. premises owned, occupied or used by you
d. automobiles owned, leased, hired or borrowed by you
2. The coverage must not contain special limitations on the scope of protection afforded to the City
and its:
a. officers
SPECIAL PROVISIONS
4
b. officials
c. employees
d. agents
e. volunteers
3. For any claims related to this project, your insurance coverage will be the primary insurance for
the City and its:
a. officers
b. officials
c. employees
d. agents
e. volunteers.
4. Any insurance or self-insurance maintained by the City is in excess to your insurance and will not
contribute to it.
5. Any failure to comply with reporting or other provisions of the policies including breaches of
warranties must not affect coverage provided to the City and its
a. officers
b. officials
c. employees
d. agents
e. volunteers
6. Your insurance must apply separately to each insured against whom claim is made or suit is
brought, except with respect to the limits of the insurer's liability.
7. Each insurance policy required must be endorsed to state that coverage will not be:
a. Suspended
b. Voided
c. canceled by either party
d. reduced in coverage or in limits
except after thirty days prior written notice provided by certified mail with return receipt requested has
been given to the City.
8. Coverage may not extend to any indemnity coverage for the active negligence of the additional
insured in any case where an agreement to indemnify the additional insured would be invalid
under Subdivision (b) of section 2782 of the Civil Code.
7-1.06F Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.
7-1.06 G Verification of Coverage
Furnish the City with a certificate of insurance showing required insurance coverage. Original
endorsements effecting general liability and automobile liability coverage must be provided. The
endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All
endorsements are to be received and approved by the City before work commences.
7-1.06H Subcontractors
Include all subcontractors as insured under its policies or provide separate certificates and endorsements
for each subcontractor. All insurance coverage for subcontractors are subject to same requirements as
the prime contractor.
8 PROSECUTION AND PROGRESS
Section 8-1.02A Schedule
Provide a Level 1 schedule for this work.
Add to Section 8-1.03 Pre-Construction Conference
All listed subcontractors performing contract work must attend the preconstruction meeting.
SPECIAL PROVISIONS
5
At a minimum, provide the following submittals at the preconstruction meeting:
1. emergency contact list
2. representative at the site of work authorized to sign extra work tickets
3. representative authorized to sign change orders
4. Caltrans equipment rental rates for equipment used to complete work
5. work schedule
6. traffic control application
7. traffic control plans
8. water pollution control plan
9. location of construction yard
10. location of disposal site
11. evidence construction yard is correctly permitted if construction yard is not your business address
12. evidence disposal yard is correctly permitted.
13. door hanger for notification of adjacent properties
9 PAYMENT
Add to Section 9-1.23 City Billing
After given the opportunity, you fail to complete any of the following:
1. maintain the project site,
2. complete project work,
3. any other cause which requires City staff to complete work at the project site
you must reimburse the City in compliance with section 9-1.23.
DIVISION II GENERAL CONSTRUCTION
13 WATER POLLUTION CONTROL
Add to 2nd paragraph in Section 13-1.01A
A minor WPCP plan form may be obtained on the City’s website:
www.slocity.org/government/department-directory/public-works/documents-online/construction-
documents
Add to Section 13-1.01A
Maintain and fuel all equipment in an appropriate staging area out of work area and riparian corridor. All
vehicles and equipment shall be well maintained and free from leaks. Keep all wash water from equipment
washing from entering the creek.
If a project related spill of hazardous materials occurs within or adjacent to the project area, clean it up
immediately. Always keep an approved spill prevention plan and clean up materials onsite. Provide the
Engineer a copy of the spill prevention plan at the preconstruction conference.
14 ENVIRONMENTAL STEWARDSHIP
Add to Section 14-1.01
The City will independently retain a qualified biologist or biological monitor to perform pre-construction
training of construction personnel, to conduct pre-construction surveys to determine the presence of
special status species, to remove special status species from the work site, to monitor installation and
removal of stream diversions and dewatering of work site, to monitor construction activities and to
otherwise monitor for compliance with all environmental permits.
SPECIAL PROVISIONS
6
The biological monitor will not direct your operations but shall have the authority to stop work if a violation
of any permit is suspected. You must comply with any and all stop orders. Work shall not resume in
affected areas until all suspected violations have been addressed and resolved.
Prior to the start of work, the City will conduct an overnight red-legged frog survey. If any California Red
Legged Frogs, Steelhead Trout, or Southwestern Pond Turtles are noted in the work area during
construction, stop working until an approved biologist authorizes work to continue. The City will provide you
on-site training prior to the start of work. Expect this training to be two hours in length. All workers who will be
completing work on the project are required to attend this training.
The monitor will mark the work areas with flagging or fencing. The flagged area will consist of the entire
project site as shown on the plans. Do not expand the work outside of this defined area.
The monitor will be performing pre-construction surveys, relocating fish and other special status species,
providing training to your workers, and verifying compliance with all regulatory permits. Provide for a
minimum of three days of delay in your project schedule and bid proposal to allow for efforts necessary to
achieve compliance with regulatory permits, including specific requests by the project monitor,
coordination with the project monitor, and species relocations. Additional days delay beyond the initial 3
days shall be compensated per Section 8-1.07, “Delays,” of the Standard Specifications. Any delays
caused by your negligence will not be considered a right-of-way delay and no additional time or
compensation shall be allowed therefor.
Add to Section 14-1.02
Do not expand the work area into adjacent riparian areas which have not been designated as part of the
project site. Mark the boundaries of the proposed work area prior to and during construction using highly
visible flagging or fencing.
Add to Section 14-2.02
Report any articles of archaeological interest that are uncovered during the progress of the work
immediately to the Engineer. Your further operations with respect to the find will be decided under the
direction of the Engineer. If archaeological findings are unearthed during construction, remaining
construction activities will be monitored by an archaeological monitor provided by the Engineer.
Add to Section 14-6.04 FISH PROTECTION
14-6.04A Stream Diversion
14-6.04A (1) General
Install Stream Diversion prior to beginning grading work in the creek bank repair location so that work can
be performed outside the creek flow. Notify the Engineer at least 5 days before installation of stream
diversion so the monitor can perform pre-construction surveys.
14-6.04A (2) Materials
Submittals are required for:
1. Sand bags
2. Plastic liner
3. 12” diameter plastic smooth interior bypass pipe
3. Dewatering pumps, as needed.
14-6.04A (3) Construction
Install two 12” diameter by-pass pipes as shown on the plans. Plastic Pipe must comply with Section 64 of
the Standard Specifications. Ensure a continuous and uniform slope, maximum 1.0% and minimum 0.5%,
along the by-pass pipeline from intake to outlet.
Isolate the work site from the live stream through the use of temporary sand bag check dams, and the
by-pass pipe. If necessary, pump any accumulated groundwater from the sump as shown on the plans.
SPECIAL PROVISIONS
7
Maintain the dewatering site throughout the duration of the construction in the dewatering zone. Keep
dewatering pumps on-site to dewater the stream if water builds up around the work site. The methods
used for pumping are subject to the approval by the Engineer. Maintain a backup pump on site in the
event of a pump failure.
Construct temporary sand bag check dams at the upstream locations of the by-pass pipelines, and install
sand bags at the bypass pipe outlets, as shown in the plans, as specified in these special provisions and
as directed by the Engineer.
Fill sand bags with non-eroding material that does not contain fine sediment. You may use the sediment
material removed during the sediment removal phase of the project if the material contains less than 5%
fine material (clay or silt which passes through a #200 sieve).
Repair or replace the creek by-pass pipes or sand bag check dams that are damaged from any cause
during the progress of the work.
If necessary, use additional pumps to dewater the work site in order to facilitate construction in a dry
environment. You may need to excavate additional sumps or utilize other such methods acceptable to the
Engineer. Use dewatering pumps with appropriately sized mesh screens approved by the Engineer to
avoid intake of aquatic vertebrate species. Do not pump muddy or contaminated water into the creek. If
pumped water is muddy, it shall be pumped to a truck or baker tank until turbidity settles before it can be
pumped back into the creek. Only clean water may enter the creek.
After stream diversions are in place, monitor will remove all fish or other special status species before
work continues. During removal and relocation operations, provide adequate pumps and personnel to
dewater the work site.
Remove all temporary diversion and dewatering equipment and materials from the project site when they
are no longer required for the work. During removal operations, do not remove the bypass line until the
creek flow has been fully restored, as determined by the Engineer. Remove the dewatering system in
the order specified by the monitor.
DIVISION III GRADING
19 EARTHWORK
Replace Section 19-1.03B with:
Notify the Engineer prior to removal of unsuitable material. Excavate unsuitable material. Ensure that
unsuitable material is separated from other suitable construction materials or removed from the work
area.
Removal of unsuitable material, including rock, within contract work area and limits and for which there is
no separate pay item, is paid for in other items on the Bid Item List. Removal of unsuitable material
outside contract work area and limits, as directed by the Engineer, will be paid by force account.
Add to Section 19-7.01D:
A submittal is required for import borrow material.
Add to Section 19-7.02A:
Import borrow material must conform to the following gradation:
Percentage Passing
Sieve sizes Operating
Range
Contract
Compliance
SPECIAL PROVISIONS
8
1” 100 100
No. 4 20-80 15-85
No. 200 0-2 0-2
Removed sediment from the Toro Street Bridge may be used as local borrow material.
Add to Section 19 Earthwork:
19-10 Sediment Removal
19-10.01 General
Remove accumulated sediment from the locations shown on the plans. Sediment removal must comply
with sections 16 and 19 of the Standard Specifications.
19-10.02 Materials
Not Used.
19-10.03 Construction
Equipment access to the project location is from the street surface above the project. You are not
permitted to drive equipment down the creek bank to access the site. Use a crane or similar device to
hoist and lower equipment from the existing roadway to the site.
Sediment removal is limited to the area outside of any flowing water. Keep all construction equipment,
debris, materials, and stockpiles from entering any flowing water within the creek by use of best
management practices.
Remove and dispose of all:
1. Excess Sediment not used as fill material
2. Clearing and grubbing spoils,
3. Trees,
4. Vegetation,
5. Trash.
Dispose of all materials in accordance with section 5-1.20B “Permits, Licenses, Agreements, and
Certifications”, of the Standard Specifications. The disposal site must be in an upland location outside the
riparian corridor so as not be reintroduced into the creek system. Bag and seal all exotic plant species and
take them to a landfill for disposal.
You must complete the Sediment Removal prior to beginning the dewatering of the upstream location of the
retaining wall repair.
20 LANDSCAPING AND IRRIGATION
Add to 20-8.03C Application:
Revegetate all disturbed soil areas via hand seed casting. Seed mix shall be spread at a rate of one pound
per 1000 square feet or equivalent as determined by the environmental monitor. Do not apply seed to the
sediment removal area beneath the bridge.
21 EROSION CONTROL
Replace Section 21-1.02G with:
Seed Mix Table
% Seed Mix SPECIES Min. % Purity / Germination
SPECIAL PROVISIONS
9
19% ELYMUS GLAUCUS ANDERSON 90/80
7% ESCHSCHOLZIA CALIFORNICA 98/78
28% HORDEUM CALIFORNICUM 90/80
4% LUPINUS NANUS 98/70
23% NASSELLA PULCHRA DEAWNED 70/60
19% VULPIA MICROSTACHYS 90/60
DIVISION VI STRUCTURES
51 CONCRETE STRUCTURES
Add to Section 51-1.01A
Retaining wall work shall consist of the removal of existing concrete (sack-crete) bags and the
construction of new retaining walls at the locations shown on the plans.
Add to Section 51-1.01C Materials:
Submittals are required for the following materials:
1. Portland Cement Concrete
2. Rebar
3. Concrete Slurry
Add to Section 51-1.02B
Comply with the specifications for minor concrete as stated in Section 90-2.
Add to Section 51-1.03D(1)
De-water the work area, as described in these Special Provisions, prior to any retaining wall work. Keep
the work area dewatered for a period of seven calendar days following the placement of concrete.
Following the seven calendar days, complete remaining earthwork, including backfill of one-sack cement
slurry behind the wall, and final earthwork grades as shown on the plans. Comply with Section 19 for all
earthwork prior to and following the construction of the retaining walls.
Add to Section 51-1.04:
Retaining wall repair will be paid on two separate bid items. The downstream retaining wall repair on the
northeast side of creek is referred to as “Concrete Creekbank Protection #1”, and will be measured and paid
per linear foot of wall installed. The upstream retaining wall repair on the southeast side of the creek is
referred to as “Concrete Creekbank Protection #2”, and will be paid as a LUMP SUM. The cost for earthwork
adjacent to each of the retaining walls, as shown on the plan, is included in these two bid items.
DIVISION VIII MISCELLANEOUS CONSTRUCTION
72 SLOPE PROTECTION
Add to Section 72-2.01
Boulder Clusters consist of a group of boulders assembled in a pile and placed adjacent to the toe of the
existing slope or retaining wall, as shown on the plans.
Add to Section 72-2.02A
Each boulder used for the assembly of boulder clusters must be between 1.0 and 1.5 tons in weight.
Boulders must comply with the rock material properties as stated in Section 72-2.02A of the State
Standard Specifications. Submittals are required for these materials.
Add to Section 72:
72-2.02C Anchoring Cable
Cable used for boulder cluster anchoring must be ½” diameter galvanized steel cable.
72-2.03D Boulder Cluster Placement and Construction
SPECIAL PROVISIONS
10
Each boulder cluster shall consist of eight boulders arranged in a two-layer pile with five boulders
completely embedded in the finish grade soil and three boulders supported by the bottom layer. Removal
of soil may be required to embed the bottom layer of boulders. Secure the pile together with cables
anchored into each boulder with an epoxy-anchored 9/16” diameter drilled hole a minimum depth of ten
inches. Each cluster will require eight cables anchored into the boulders as directed by the Engineer.
Prior to anchoring the cable, clean each drilled hole with a wire brush and clear any debris in the holes
with compressed air. Complete boulder cluster installation before final placement of fill.
Add to Section 72-2.04
Boulder Clusters will be measured and paid for by the ton of boulders installed and anchored. It is your
responsibility to submit certified weights of the boulders delivered to the site and installed on the project.
APPENDICES
11
APPENDIX A - FORM OF AGREEMENT
THIS AGREEMENT, made on this ______ day of ___________, 20__, 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.
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, Engineering Standards, Special Provisions, and any Addenda.
2. Accepted Bid.
4. Public Contract code Section 10285.1 Statement and 10162 Questionnaire.
5. Noncollusion Declaration.
6. Plans.
APPENDICES
12
7. List of Subcontractors.
8. Agreement and Bonds.
9. Insurance Requirements and Forms.
ARTICLE IV. 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
__________________________________
Katie Lichtig, City Manager
APPROVED AS TO FORM CONTRACTOR:
Name of Company
________________________________
By:________________________________
J. Christine Dietrick
City Attorney
Name of CAO/President
Its: CAO/PRESIDENT
Rev. 12-28-09
All Permits Issued
Package
For
Toro Street Bank Stabilization
Specification No. 90646
City of San Luis Obispo
San Luis Obispo County
California
Summary
California Department of Fish and Wildlife Streambed Alteration Agreement,
Notification No. 1600-2013-0201-R4, issued 3/10/2015
United States Army Corps of Engineers, Clean Water Act Section 404 Letter of
Permission, File No. SPL-2013-00825-SLH, issued 8/12/2014
Consultations:
Department of the Interior, Fish and Wildlife Service
Department of Commerce, National Marine Fisheries Service Biological Opinion
Regional Water Quality Control Board, Clean Water Act Section 401 Water
Quality Certification 34013WQ16, Issued 7/17/2014
City of San Luis Obispo
Toro Street Bank Stabilization Project
Regulatory Agency Permits
CALIFORNIA DEPARTMENT OF FISH AND WILDLIFE
Streambed Alteration Agreement
City of San Luis Obispo
Toro Street Bank Stabilization Project
Regulatory Agency Permits
U.S. ARMY CORPS OF ENGINEERS
Letter of Permission
City of San Luis Obispo
Toro Street Bank Stabilization Project
Regulatory Agency Permits
REGIONAL WATER QUALITY CONTROL BOARD
Water Quality Certification
July 17, 2014
Dan VanBeveren
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Email: dvanbeve@slocity.org
VIA ELECTRONIC MAIL
Dear Mr. VanBeveren:
WATER QUALITY CERTIFICATION NUMBER 34013WQ16 FOR TORO STREET STREAM
BANK STABILIZATION PROJECT, SAN LUIS OBISPO COUNTY
Thank you for the opportunity to review your November 20, 2013 application for water quality
certification of the Toro Street Stream Bank Stabilization Project (Project). The application was
completed on December 16, 2013. The project, if implemented as described in your application
and with the additional mitigation and other conditions required by this Clean Water Action
Section 401 Water Quality Certification (Certification), appears to be protective of beneficial
uses of State waters. We are issuing the enclosed Standard Letter of Certification.
At this time, we do not anticipate issuing additional requirements based on your application.
Should new information come to our attention that indicates a water quality problem, we may
require additional monitoring and reporting, issue Waste Discharge Requirements, or take other
action.
Your Certification application and California Environmental Quality Act (CEQA) documents
indicate that project activities have the potential to affect beneficial uses and water quality. The
Central Coast Regional Water Quality Control Board (Central Coast Water Board) issues this
Certification to protect water quality and associated beneficial uses from project activities. We
need reports to determine compliance with this Certification. All technical and monitoring
reports requested in this Certification, or any time after, are required per Section 13267 of the
California Water Code.
Failure to submit reports required by this Certification, or failure to submit a report of technical
quality acceptable to the Executive Officer, may subject you to enforcement action per Section
13268 of the California Water Code. The Central Coast Water Board will base enforcement
actions on the date of certification. Any person affected by this Central Coast Water Board
action may petition the State Water Resources Control Board (State Water Board) to review this
action in accordance with California Water Code Section 13320; and Title 23, California Code of
Regulations, Sections 2050 and 3867-3869. The State Water Board, Office of Chief Counsel,
PO Box 100, Sacramento, CA 95812, must receive the petition within 30 days of the date of this
Certification. We will provide upon request copies of the law and regulations applicable to filing
petitions.
City of San Luis Obispo Certification No. 34013WQ16 July 17, 2014
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If you have questions please contact Tamara Anderson at (805) 549-3334 or via email at
Tamara.Anderson@waterboards.ca.gov, or Phil Hammer at (805) 549-3882. Please mention
the above certification number in all future correspondence pertaining to this project.
Sincerely,
for
Kenneth A. Harris
Executive Officer
Enclosure: Action on Request for CWA Section 401 Water Quality Certification
cc: With enclosures
Freddy Otte
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
email: fotte@slocity.org
Brian Dugas
Terra Verde Environmental Consulting, LLC
3765 South Higuera Street, Suite 102
San Luis Obispo, CA 93401
email:bdugas@terraverdeweb.com
Bruce Henderson
U.S. Army Corps of Engineers
Ventura Office
Regulatory Section
2151 Alessandro Drive, Suite 110
Ventura, CA 93001
email: Bruce.A.Henderson@usace.army.mil
Dr. Jeffrey Single, Regional Manager
California Department of Fish and Wildlife
Lake and Streambed Alteration
1234 E. Shaw Avenue
Fresno, CA 93710
email: Jeff.Single@wildlife.ca.gov
Linda Connolly, Staff Environmental Scientist
California Department of Fish and Wildlife
Lake and Streambed Alteration
1234 E. Shaw Avenue
Fresno, CA 93710
email: Linda.Connolly@wildlife.ca.gov
401 Program Manager
State Water Resources Control Board
Division of Water Quality
email: Stateboard401@waterboards.ca.gov
U.S. Environmental Protection Agency
email: R9-WTR8-Mailbox@epa.gov
Ashley Betance-Kearn
Central Coast Water Board
email:
Ashley.Betance-Kearn@waterboards.ca.gov
Tamara Anderson
Central Coast Water Board
email:
Tamara.Anderson@waterboards.ca.gov
P:\401\Certifications\San Luis Obispo\2013\34013WQ16 Toro Street Stream
Bank\R3_ToroStStrmBnkStablztn_34013WQ16_Cert_131120_final.doc
City of San Luis Obispo Certification No. 34013WQ16 July 17, 2014
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Action on Request for
Clean Water Act Section 401 Water Quality Certification
for Discharge of Dredged and/or Fill Materials
PROJECT: Toro Street Stream Bank Stabilization Project
APPLICANT:
Dan VanBereven
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
ACTION:
1. Order for Standard Certification
2. Order for Technically-conditioned Certification
3. Order for Denial of Certification
STANDARD CONDITIONS:
1. This Certification action is subject to modification or revocation upon administrative or
judicial review, including review and amendment per section 13330 of the California Water
Code and section 3867 of Title 23 of the California Code of Regulations (23 CCR).
2. This Certification action is not intended to apply to any discharge from any activity involving
a hydroelectric facility requiring a Federal Energy Regulatory Commission (FERC) license or
an amendment to a FERC license unless the pertinent Certification application was filed per
23 CCR subsection 3855(b) and the application specifically identified that a FERC license or
amendment to a FERC license was being sought.
3. The validity of any non-denial Certification action (Actions 1 and 2) is conditioned upon total
payment of the fee required under 23 CCR section 3833, unless otherwise stated in writing
by the certifying agency.
ADMINISTRATIVE CONDITIONS:
1. This Certification is subject to the acquisition of all local, regional, state, and federal permits
and approvals as required by law. Failure to meet any conditions contained herein or any
conditions contained in any other permit or approval issued by the State of California or any
subdivision thereof may result in the revocation of this Certification and civil or criminal
liability.
2. In the event of a violation or threatened violation of this Certification, the violation or
threatened violation shall be subject to any remedies, penalties, process or sanctions as
provided for under state law. For purposes of Section 401(d) of the Clean Water Act, the
applicability of any state law authorizing remedies, penalties, process or sanctions for the
violation or threatened violation constitutes a limitation necessary to assure compliance with
the water quality standards and other pertinent requirements incorporated into this
Certification.
City of San Luis Obispo Certification No. 34013WQ16 July 17, 2014
- 2 of 3 -
3. In response to a suspected violation of any condition of this Certification, the Central Coast
Water Board may require the holder of any permit or license subject to this Certification to
furnish, under penalty of perjury, any technical or monitoring reports the Central Coast
Water Board deems appropriate, provided that the burden, including costs, of the reports
shall have a reasonable relationship to the need for the reports and the benefits obtained
from the reports.
4. In response to any violation of the conditions of this Certification, the Central Coast Water
Board may add to or modify the conditions of this Certification as appropriate to ensure
compliance.
5. The Central Coast Water Board reserves the right to suspend, cancel, or modify and reissue
this Certification, after providing notice to the applicant, if the Central Coast Water Board
determines that the Project fails to comply with any of the terms or conditions of this
Certification.
6. A copy of this Certification, the application, and supporting documentation must be available
at the Project site during construction for review by site personnel and agencies. A copy of
this Certification must also be provided to the contractor and all subcontractors who will work
at the Project site. All personnel performing work on the proposed Project shall be familiar
with the content of this Certification and its posted location on the Project site.
7. The Applicant shall grant Central Coast Water Board staff, or an authorized representative,
upon presentation of credentials and other documents as may be required by law,
permission to enter the Project site at reasonable times, to ensure compliance with the
terms and conditions of this Certification and/or to determine the impacts the Project may
have on waters of the State.
8. The Applicant must, at all times, fully comply with the application, engineering plans,
specifications, and technical reports submitted to support this Certification; all subsequent
submittals required as part of this Certification; and the attached Project Information and
Conditions. The conditions within this Certification and attachment(s) supersede conflicting
provisions within applicant submittals.
9. The Applicant shall notify the Central Coast Water Board within 24 hours of any unauthorized
discharge to waters of the U.S. and/or State; measures that were implemented to stop and
contain the discharge; measures implemented to clean-up the discharge; the volume and type
of materials discharged and recovered; and additional BMPs or other measures that will be
implemented to prevent future discharges.
10. This Certification is not transferable to any person except after notice to the Executive
Officer of the Central Coast Water Board. The Applicant shall submit this notice in writing at
least 30 days in advance of any proposed transfer. The notice must include a written
agreement between the existing and new responsible party containing a specific date for the
transfer of this Certification's responsibility and coverage between the current responsible
party and the new responsible party. This agreement shall include an acknowledgement
that the existing responsible party is liable for compliance and violations up to the transfer
date and that the new responsible party is liable from the transfer date on.
11. This Certification expires if Project construction does not begin (a) prior to expiration of the
associated U.S. Army Corps of Engineers (Corps) authorization or permit for the Project, or
City of San Luis Obispo Certification No. 34013WQ16 July 17, 2014
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(b) within five years from the date of this Certification. If a Corps authorization or permit
was unnecessary for this Project due to coverage under a non-reporting Nationwide Permit
(NWP), and Project construction has not begun, this Certification expires when the non-
reporting NWP expires. If the Corps issues a one-year grace period for uncompleted
projects that began under a NWP that has since expired, this Certification is valid during the
grace period for such projects. If this Certification does not expire as described above, it
remains in effect until the Applicant complies with all Certification requirements and
conditions.
12. The total fee for this project is $1,511. The remaining fee payable to the Central Coast
Water Board is $0.
CENTRAL COAST WATER BOARD CONTACT PERSON:
Tamara Anderson
(805) 549-3334
Tamara.Anderson@waterboards.ca.gov
Please refer to the above certification number when corresponding with the Central Coast Water
Board concerning this project.
WATER QUALITY CERTIFICATION:
I hereby issue an order certifying that as long as all the conditions listed in this Certification are
met, any discharge from the Toro Street Stream Bank Stabilization Project shall comply with the
applicable provisions of sections 301 ("Effluent Limitations"), 302 ("Water Quality Related
Effluent Limitations"), 303 ("Water Quality Standards and Implementation Plans"), 306
("National Standards of Performance"), and 307 ("Toxic and Pretreatment Effluent Standards")
of the Clean W ater Act. This discharge is also regulated pursuant to State Water Board Water
Quality Order No. 2003-0017-DWQ, which requires compliance with all conditions of this
Certification.
Except insofar as may be modified by any preceding conditions, all Certification actions are
contingent on (a) the discharge being limited and all proposed mitigation being completed in
strict compliance with the applicant’s project description and the attached Project Information
and Conditions, and (b) compliance with all applicable requirements of the Central Coast Water
Board’s policies and Water Quality Control Plan (Basin Plan).
for___________________________________ __July 17, 2014___
Kenneth A. Harris Date
Executive Officer
Central Coast Water Board
City of San Luis Obispo Certification No. 34013WQ16 July 17, 2014
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PROJECT INFORMATION AND CONDITIONS
Application Date Received: November 20, 2013
Completed: December 16, 2013
Applicant
Dan VanBeveren
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
dvanbeve@slocity.org
(805) 783-7715
Applicant
Representatives
Freddy Otte
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
fotte@slocity.org
(805) 781-7511
Project Name Toro Street Stream Bank Stabilization Project
Application Number 34013WQ16
Type of Project Creek bank stabilization and sediment removal
Project Location San Luis Obispo
Latitude: 35° 16’ 53.98” N Longitude: 120° 39’ 23” W
County San Luis Obispo
Receiving Water(s) San Luis Obispo Creek
310.24 Estero Bay Hydrologic Unit
Water Body Type Streambed, riparian
Designated Beneficial
Uses
Municipal and Domestic Supply (MUN)
Agricultural Supply (AGR)
Ground Water Recharge (GWR)
Water Contact Recreation (REC-1)
Non-Contact Recreation (REC-2)
Wildlife Habitat (WILD)
Cold Fresh Water Habitat (COLD)
Warm Fresh Water Habitat (WARM)
Migration of Aquatic Organisms (MIGR)
Spawning, Reproduction, and/or Early Development (SPWN)
Rare, Threatened or Endangered Species (RARE)
Commercial and Sport Fishing (COMM)
Project Description
(purpose/goal)
The purpose of this project is to stabilize San Luis Obispo Creek
banks near Toro Street Bridge and to increase capacity under Toro
Street Bridge.
Central Coast Regional Water Quality Control Board (Central Coast
Water Board) staff understands that the project includes the
following activities:
1. Installation of new concrete footings under an existing, undercut
concrete-sack retaining wall;
2. Placement of three boulder clusters within the channel;
3. Installation of a concrete retaining wall adjacent to the existing
Toro Street Bridge abutment;
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4. Removal of sediment in San Luis Obispo Creek under Toro
Street Bridge and along the toe of the northern bank; and
5. Installation of a temporary diversion and dewatering system.
U.S. Army Corps of
Engineers Permit No Nationwide Permit 13 – Bank Stabilization
Federal Public Notice NA
Dept. of Fish and Wildlife
Streambed Alteration
Agreement
Streambed Alteration Agreement is pending. Final, signed copy
shall be forwarded immediately upon execution.
Status of CEQA
Compliance
Mitigated Negative Declaration
Lead Agency: City of San Luis Obispo
Total Certification Fee $1,511
Area of Disturbance
Approximately 0.16 acre total
Streambed: 0.016 acre permanent, 0.044 acre temporary
Riparian Area: 0.10 acre temporary
Dredge Volume Approximately 100 total cubic yards
Streambed: 100 cubic yards permanent
Compensatory Mitigation
Requirements
1. The project shall include the following compensatory mitigation:
a. Mitigation for the 0.044 acre of temporary streambed
impacts is not applicable.
b. 0.016 acre of permanent streambed impacts shall be
mitigated at a (1.38:1) ratio through the restoration of 0.022
acre of riparian area habitat.
c. 0.10 acre of temporary riparian impacts shall be mitigated at
a 1:1 ratio through the restoration of 0.10 acre of riparian
area habitat.
d. The removal of three native trees shall be mitigated at a 3:1
ratio through the planting of nine trees.
2. The Applicant shall implement compensatory mitigation
installation, maintenance, and monitoring as described in the
Application and supplemental information dated May 1, 2014
and June 10, 2014 respectively.
3. Offsite compensatory mitigation shall be installed within 12
months of the commencement of project construction. Onsite
compensatory mitigation shall be installed within 12 months of
completion of project construction.
Project Requirements
Project practices that are required to comply with 401 Water Quality
Certification are as follows:
1. All work performed within waters of the State shall be completed
in a manner that minimizes impacts to beneficial uses and
habitat. Measures shall be employed to minimize land
disturbances that will adversely impact the water quality of
waters of the State. Disturbance or removal of vegetation shall
not exceed the minimum necessary to complete Project
implementation.
2. No construction activities shall be conducted below top of creek
banks or in other waters of the State from November 1 – May
30, unless prior written approval has been obtained from Central
Coast Water Board staff. Requests to conduct construction
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activities below top of creek banks or in other waters of the State
during the winter period shall be submitted to Central Coast
Water Board staff at least 21 days prior to the planned winter
period work date.
3. Erosion and sediment control measures shall be on site prior to
the start of construction and kept on site at all times so they are
immediately available for installation in anticipation of rain
events.
4. The Applicant shall implement and maintain an effective
combination of erosion and sediment control measures (e.g.,
revegetation, fiber rolls, erosion control blankets, hydromulching,
compost, straw with tackifiers, temporary basins) to prevent
erosion and capture sediment. The Applicant shall implement
and maintain washout, trackout, dust control, and any other
applicable source control BMPs.
5. Erosion and sediment control measures and other construction
BMPs shall be implemented and maintained in accordance with
all specifications governing their proper design, installation,
operation, and maintenance.
6. The Applicant shall not conduct construction activities below top
of creek banks or in other waters of the State during rain
events. The Applicant shall implement effective erosion control,
sediment control, and other protective measures prior to the
start of any rain events. If work below top of creek banks or in
other waters of the State is allowed during the time period
between October 1 and May 30 (pursuant to Project
Requirement No. 2 above), the Applicant shall not conduct
construction activities below top of creek banks or in other
waters of the State on any day for which the National Weather
Service has predicted a 25% or more chance of at least 0.1 inch
rain in 24 hours. In preparation for any such predicted rain
event between October 1 and May 30, the Applicant shall install
effective erosion control, sediment control, and other protective
measures no later than the day prior to the predicted rain event.
Construction activities below top of creek banks or in other
waters of the State may resume after the rain has ceased, the
National W eather Service predicts clear weather, and site
conditions are dry enough to continue work without discharge of
sediment or other pollutants from the project site.
7. Any material stockpiled that is not actively being used during
construction shall be covered with plastic unless reserved for
seed banking, which requires alternative erosion and dust
control BMPs.
8. The Applicant shall retain a spill plan and appropriate spill
control and clean up materials (e.g., oil absorbent pads) onsite
in case spills occur.
9. The Applicant shall confine all trash and debris in appropriate
enclosed bins and dispose of the trash and debris at an
approved site at least weekly.
10. All construction vehicles and equipment used on site shall be
well maintained and checked daily for fuel, oil, and hydraulic
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fluid leaks or other problems that could result in spills of toxic
materials.
11. The Applicant shall designate a staging area for equipment and
vehicle fueling and storage at least 100 feet away from
waterways, in a location where fluids or accidental discharges
cannot flow into waterways.
12. All vehicle fueling and maintenance activity shall occur at least
100 feet away from waterways, and in designated staging areas.
13. Dewatering and diversion activities shall be conducted in
accordance with the Stream Diversion and Dewatering Plan for
the City of San Luis Obispo – Toro Street Stream Bank
Stabilization Project dated June 10, 2014.
14. Stream diversion dams shall be constructed of gravel bags
wrapped in heavy plastic sheeting. Gravel bags shall be filled
only with clean gravel.
15. Applicant shall ensure that the sump discharge from diversion
and dewatering activities matches the downstream flow to
prevent erosion.
16. Applicant shall ensure that any sediment that builds up at the
diversion dams shall not be released into flows when the dams
are removed.
17. All construction-related equipment, materials, and any temporary
BMPs no longer needed shall be removed and cleaned from the
site upon completion of the project.
18. Central Coast Water Board staff shall be notified if mitigations as
described in the 401 Water Quality Certification application for
this project are altered by the imposition of subsequent permit
conditions by any local, state or federal regulatory authority.
The Applicant shall inform Central Coast Water Board staff of
any modifications that interfere with compliance with this
Certification.
Monitoring and Reporting
Requirements
The Applicant shall conduct the following monitoring:
1. Visually inspect the project site and areas of waters of the State
adjacent to project impact areas following completion of project
construction and for three subsequent rainy seasons to ensure
that the project is not causing excessive erosion, stream
instability, or other water quality problems. If the project does
cause water quality problems, contact the Central Coast Water
Board staff member overseeing the project. You will be
responsible for obtaining any additional permits necessary for
implementing plans for restoration to prevent further water
quality problems.
2. Prior to implementation of the dewatering/diversion plan,
Applicant shall conduct baseline monitoring to determine
turbidity levels at the proposed project site.
3. Monitor the compensatory mitigation site for three years. If
success criteria are not achieved within that time, continue
annual monitoring and maintenance until success criteria are
achieved. Compensatory mitigation monitoring shall include
assessment of growth, survival, percent cover, general health
and stature, signs of reproduction, progress towards achieving
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success criteria, and any other measures identified in the
Application and supplemental information dated May 1, 2014
and June 10, 2014 respectively.
The Applicant shall provide the following reporting to
RB3_401Reporting@waterboards.ca.gov:
1. Project Commencement Notification - Contact Central Coast
Water Board staff when the project begins to allow for a site
visit.
2. Streambed Alteration Agreement - Submit a signed copy of the
Department of Fish and Wildlife’s streambed alteration
agreement to the Central Coast Water Board immediately upon
execution and prior to any discharge to waters of the State.
3. Project Completion Report - Within 30 days of project
completion, submit a project completion report that contains:
a. Date of construction initiation;
b. Date of construction completion;
c. Status of post-construction BMPs;
d. A summary of daily activities, monitoring and inspection
observations, and problems incurred and actions taken;
e. Clearly identified photo-documentation of all areas of
permanent and temporary impact, prior to and after project
construction;
f. Clearly identified representative photo-documentation of
other project areas, prior to and after project construction;
and
g. Photo-documentation of all permanent post-construction
BMPs.
4. Annual Report – The Applicant shall submit to the Central Coast
Water Board an Annual Report by May 31 of each year following
the issuance of this Certification, regardless of whether project
construction has started or not. The Applicant shall submit
Annual Reports until the Applicant has conducted all required
monitoring, mitigation has achieved all success criteria, and the
Applicant has notified the Central Coast Water Board of
mitigation completion. Each Annual Report shall include at a
minimum:
a. The status of the project: construction not started,
construction started, or construction complete.
b. The date of construction initiation, if applicable.
c. The date of construction completion, if applicable.
d. If project construction is complete, a description of the
results of the annual visual inspection of the project site and
areas of waters of the State adjacent to project impact areas,
including:
i. Erosion conditions;
ii. Stream stability conditions;
iii. Water quality and beneficial use conditions;
iv. Representative photographs of the project site and areas
of waters of the State adjacent to project impact areas;
and
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v. If the visual inspection monitoring period is over, but
water quality problems persist, the Annual Report shall
identify corrective measures to be undertaken, including
extension of the monitoring period until the project is no
longer causing excessive erosion, stream instability, or
other water quality problems.
e. Mitigation reporting, if mitigation installation has started,
including the following information:
i. Date of initiation of mitigation installation and date
mitigation installation was completed;
ii. Analysis of monitoring data collected in the field;
iii. Quantification of growth, percent cover, survival, general
health and stature, signs of reproduction, and
documentation of progress toward achieving all
mitigation performance criteria;
iv. Qualitative and quantitative comparisons of current
mitigation conditions with preconstruction conditions and
previous mitigation monitoring results;
v. Any remedial or maintenance actions taken or needed;
vi. Any additional information specified in the Application
and supplemental information dated May 1, 2014 and
June 10, 2014 respectively; and
vii. Annual photo-documentation representative of all
mitigation areas, taken from vantage points from which
Central Coast Water Board staff can identify changes in
size and cover of plants. Compare photos of installed
mitigation with photos of the mitigation areas prior to
installation.
f. A description of mitigation completion status, that identifies
the amount of mitigation monitoring and maintenance
remaining, or certifies that mitigation is complete and all
required mitigation monitoring and maintenance has been
conducted and all success criteria achieved. If the
monitoring period is over, but all success criteria have not
been achieved, the Annual Report shall identify corrective
measures to be undertaken, including extension of the
monitoring period until the criteria are met.