Cities Index.
2. RFP

Anaheim City Council
August 12, 2025

Document
2. RFP
Meeting
August 12, 2025
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Anaheim City Council
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Text extracted from the city's file for reading and search. Open the original on local.anaheim.net. That file is the official record.

Vermont Street Alleys
Sanitary Sewer Improvement

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REQUEST FOR PROPOSAL (RFP)
FOR

VERMONT STREET ALLEYS

SANITARY SEWER IMPROVEMENT

ACCOUNT NO.: 592-412-I813-7809 (RCP2023-21227)

CITY OF ANAHEIM
Public Works Department
200 S. Anaheim Boulevard, Suite 276
Anaheim, CA 92805

David K. Mori, Esq., P.E.

Engineering Manager
Approved for Release:

Carlos Castellanos, P.E.

City Engineer
Public Works Department

Joshua Vargas
Project Manager
(714) 765-5100 ext. 5835
[email protected]

KEY RFP DATES (Subject to change at discretion of City) :

Issue Date: Thursday , May 15 th , 2025
Deadline for Requests for Information: Thursday, June 5th , 2025 @ 2:00 PM Proposal Due Date: Thursday, June 12 th , 2025 @ 2:00 PM Proposal Reviews (week of): Thursday, June 23rd , 2025 Presentation/Interviews, if necessary (week of): Wednesday, July 2nd , 2025

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NOTICE INVITING PROPOSALS
The City of Anaheim is requesting services from consulting firms for the following Sanitary Sewer Improvement Project.

RCP No. 2023-21227: Vermont Street Alleys Sanitary Sewer Improvement

Request for Information (RFI’s) to this Request for Proposals (RFP) will be accepted until Thursday, June 5
th , 2025 at 2:00 P.M. Proposals received after this date/time will not b e considered. It is the responsibility of the Consult ant to ensure that any proposals submitted have sufficient time to be received by the City of Anaheim prior to this proposal due date and time.

Proposals shall ONLY be uploaded or sent electronically through OpenGov.

Proposals shall NOT be sent via telegraphic, mail, e-mail or facsimile. Fee proposal shall ONLY be uploaded or sent electronically through OpenGov as a separate pdf from the proposal.

All notifications, updates and addenda will be available online and can be accessed on OpenGov at:
https://procurement.opengov.com/portal/anaheim/projects/168309 Consultants shall be responsible for registering onto OpenGov to obtain information regarding this solicitation. Failure to acknowledge the required addenda may result in a determination of a nonresponsive proposal.

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CITY OF ANAHEIM

REQUEST FOR PROPOSAL
FOR

VERMONT STREET ALLEYS

SANITARY SEWER IMPROVEMENT

TABLE OF CONTENTS
I. INTRODUCTION
II. PROPOSAL TERMS AND CONDITIONS
A. EXAMINATION
B. PROPOSAL VALIDITY
C. PRE-CONTRACTUAL EXPENSES
D. JOINT OFFERS/SUBCONSULTANTS
III. INSTRUCTIONS TO CONSULTANTS
A. CITY RESPONSIBILITIES
B. CONSULTANT RESPONSIBILITIES
C. REQUEST FOR INFORMATION OR CLARIFICATION
D. ADDENDA
E. LICENSE & PERMITS

IV. BACKGROUND AND DESCRIPTION OF PROJECT
V. GENERAL PROJECT REQUIREMENTS AND SCOPE OF WORK
VI. SERVICES TO BE INCLUDED
VII. SUBMITTAL REQUIREMENTS
A. GENERAL
B. PROPOSAL CONTENTS
C. FEE PROPOSAL
VIII. GENERAL INFORMATION
IX. INFORMATION/SERVICES TO BE FURNISHED TO THE SEL ECTED CONSULTANT BY THE CITY X. PROPOSAL REVIEW (CONSULTANT SECTION)
XI. IMPLEMENTATION
A. KICK-OFF MEETING
B. NOTICE TO PROCEED
C. PUBLIC RECORDS
XII. RIGHT TO REJECT ALL PROPOSALS
XIII. EXHIBITS
EXHIBIT A: PROJECT LOCATION
EXHIBIT B: CITY OF ANAHEIM SURVEY STANDARDS
EXHIBIT C: CITY HALL CONTACT PROCEDURES
EXHIBIT D: CONFLICT OF INTEREST
EXHIBIT E: DESIGNATION OF SUB - CONTRACTORS
EXHIBIT F: NONCOLLUSION DECLARATION
EXHIBIT G: INSURANCE
EXHIBIT H: SAMPLE STANDARD AGREEMENT
EXHIBIT I: CITY BOILERPLATE SPECIFICATION

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CITY OF ANAHEIM

REQUEST FOR PROPOSAL (RFP)
FOR

VERMONT STREET ALLEYS

SANITARY SEWER IMPROVEMENTS

I. INTRODUCTION
The City of Anaheim (City) is requesting services f rom its on-call engineering consulting firms to provide design services for the Vermont Street Alle ys Sanitary Sewer Improvement Project as shown in the attached EXHIBIT “A”.

RCP No. 2023-21227 : Vermont Street Alleys Sanitary Sewer Improvements This sewer improvement project is for the replaceme nt of the operationally deficient substandard 6-inch sewer lines in the Central Anaheim area. Imp lementation of this project will improve the overall performance, reduce maintenance costs, ensu re capacity for future developments, and maintain the reliability of the sewer system. This program will also include improvements to the existing alley ways, approaches, sidewalks, curbs, curb & gutter, street, ADA access ramps, etc…

Number of Proposals and Signature:

One project specific proposal shall be signed by a company official with the power to bind the company and submit to the City of Anaheim duly comp leted Exhibits D, E, and F . One (1) Fee Proposal for the project shall be submitted in a separate PDF labeled with the corresponding RCP No. and Project Title.

Refer to Section VII. SUBMITTAL REQUIREMENTS subsection B, inclusive and part of this RFP for additional information.

Prevailing Wages:

In accordance with the California State Labor Code, prevailing wage rates apply. Copies of the prevailing rate of per diem wages are on file with the Public Works Department and shall be made available to any interested party on request.

Department of Industrial Relations Compliance:

This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

No contractor or subcontractor may be listed on a p roposal for a Public Works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

No contractor or subcontractor may be awarded a con tract for public works on a Public Works project unless registered with the Department of In dustrial Relations pursuant to Labor Code section 1725.5. Designation of Subcontractors’ form (Exhibit E), attached with this Request for Proposals shall be completed and submitted with the Proposal. Failure to submit the form shall be deemed as non-responsive and may be just cause for the rejection of the proposal.

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‘Contractor of subcontractor’ means a firm, corpora tion, partnership, or association who will be substantially responsible or will engage in the performance of any contract for public works project, subject to labor compliance program as determined by the Department of Industrial Relations.

Conflict of Interest Compliance:

Conflict of interest is governed by The Political R eform Act (Government Code Sections 81000- 91014) and Government Code Section 1090, per Exhibit D. The Consultant shall complete, sign and return this form with the Proposal. Failure to submit the form shall be deemed as non-responsive and may be just cause for the rejection of the proposal.

II. PROPOSAL TERMS AND CONDITIONS

The Consultant acknowledges that the submittal of a Request for Proposal shall be by the Terms and Conditions of the current executed on-call sample agreement, including any additional agreed amendment or adjustment following said execution, b etween the City and the Consultant at the time of this RFP.

By submitting a Proposal, the Consultant acknowledges that they have thoroughly examined and accepted the Terms and Conditions of this RFP as described below:

A. EXAMINATION: Consultant acknowledges that they have thoroughly examined and become familiar with the services and responsibilit ies required by this RFP and that the Consultant is capable of effectively and efficientl y performing quality work to achieve the City’s objectives. Any attachments referenced herei n or any interpretations, clarifications, or amendments subsequently posted in relation to this RFP are fully incorporated.

B. PROPOSAL VALIDITY: Services, pricing, and warran ties indicated in the Consultant’s Proposal must be valid for a period of one hundred and twenty (120) calendar days after the submission of the Proposal.

C. PRE-CONTRACTUAL EXPENSES: The City shall not, i n any event, be liable for any pre- contractual expenses incurred by Consultants in the preparation of its proposal.

D. JOINT OFFERS/SUBCONSULTANTS: Where two or more Consultants desire to submit a single Proposal in response to this RFP, they sho uld do so on a prime-subconsultant basis. The City intends to contract with a single firm PER EACH PROJECT and not with multiple firms doing business as a joint venture. If subconsultants are used, the Consultant shall provide the same assurances of competence for the subconsultant plus the demonstrated ability to manage and supervise the su bcontracted work. Subconsultants shall not be allowed to further subcontract with others for work under the Agreement. The provisions of the Agreement shall apply to all subc onsultants in the same manner as the Consultant.

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III. INSTRUCTIONS TO CONSULTANTS

A. CITY RESPONSIBILITIES

The City will provide information in its possession relevant to preparation of required information in RFP. The City will provide only the staff assistance and documentation specifically referred to herein.

B. CONSULTANT RESPONSIBILITIES

Point of Contact: The selected Consultant will assu me responsibility for all services in its proposal. The selected Consultant shall identify a sole point of contact with the greatest knowledge in regard to the required service operati ons and contractual matters, including payment of any and all charges resulting from the Agreement.

The Consultant shall be responsible for collecting and disseminating the data, records, and documents in the preparation of all design documents.

The Consultant is expected to establish and maintai n a close working relationship with City staff throughout the project.

The selected Consultant shall maintain the same Pro ject Manager for the duration of the project, as specified in the approved proposal. In the event the authorized Project Manager terminates employment, the Consultant shall make a demonstrated and concentrated effort to maintain the Project Manager in the key managerial position, unless extreme conditions prohibit continuance. Any substitution of the Project Manager will require written City approval.

The Consultant shall perform no less than thirty pe rcent (30% of the contract amount) of the work with its own work force.

Any changes in the scope of work resulting in a con tract increase or decrease in fee shall be approved, in writing, by the City Engineer prior to the commencement of actual change of work.

C. REQUEST FOR INFORMATION OR CLARIFICATION

All questions or requested clarifications shall be made in writing via the OpenGov Portal. The consultants are prohibited from communicating with any City representative/employee/official/consultant/staff o ther than via the OpenGov Portal. Only questions and answers responded to on OpenGov or any addenda issued on OpenGov will be a part of this RFP solicitation. Consultants may su bmit written questions concerning this RFP on OpenGov per the Key RFP Dates on the title page. No responses shall be provided by the City for all questions received after the deadline date.

D. ADDENDA

Any changes in the RFP from the date of release to the due date of submittal will result in an addendum or amendment. Notification of such addendu m or amendment shall be posted in OpenGov.
https://procurement.opengov.com/portal/anaheim/projects/168309 Vermont Street Alleys
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E. LICENSES & PERMITS

The selected Consultant shall be required to obtain a City of Anaheim Business license within ten (10) business days of selection and must provid e a copy to the City Project Manager or designee prior to commencing any work in the City of Anaheim.

Additionally, the Consultant will be responsible fo r obtaining any licenses/permits required by the Scope of Work.

F. TIME OF PERFORMANCE:

1. The City and Consultant recognize that time is of the essence as to this project and that City may suffer damages which are difficult to determine and accurately specify, such as lost grant funds, additional contract administratio n expenses, if the Services are not completed within the time specified in the approved Project Schedule. Consultant and City agree to liquidate damages with respect to Con sultant's failure to achieve completion of the Services within the times provided in the Project Schedule. Consultant acknowledges and agrees that the liquidated damages are intended to compensate City solely for Consultant’s failure to meet the deadlin e for completion and shall not excuse Consultant from liability from any other breach, in cluding any failure of any of the work to conform to any requirements provided by local, s tate or federal laws, rules and regulations.

2. In the event that Consultant fails to achieve completion of the work within the time frame designated in the Project Schedule, Consultant agre es to pay City the following: $ 150 per day for each calendar day that completion of the work is delayed.

3. Consultant acknowledges and agrees that the foregoing liquidated damages have been set based on an evaluation by City of damages that it will incur in the event of the late completion of the work per the Project Schedule and Scope of Services. Consultant and City agree that because of the nature of the Project it would be impractical or extremely difficult to fix the amount of actual damages incurred by City due to a delay in completion of the work. Accordingly, City and Consultant have agreed to such liquidated damages to fix Consultant’s costs and to avoid later disput es. It is understood and agreed by Consultant that any liquidated damages payable purs uant to this Agreement are not a penalty and represent a fair and reasonable estimat e of compensation for losses to be incurred under the circumstances existing as of the effective date of this Agreement.

4. It is further mutually agreed that City shall ha ve the right to deduct liquidated damages against progress payments. In the event the remaini ng unpaid Contract Amount is insufficient to cover the full amount of liquidated damages, Consultant shall pay the difference to City.

5. Permitting or requiring Consultant to continue a nd finish the Services or work, or any part thereof, after the deadline for completion sha ll not act as a waiver of City’s right to receive liquidated damages hereunder or any rights or remedies otherwise available to City.

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6. The time period(s) specified for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays d ue to unforeseeable causes beyond the control and without the fault or neglige nce of Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, pestilence, and other natural catastrophes, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wa rs, litigation, civil disturbance or disobedience, sabotage, restraint by court order or public authority and action or non- action by or inability to obtain the necessary auth orization or approvals from any governmental agency or authority, and/or acts of an y governmental agency, including City, which by the exercise of due diligence such Party could not reasonably have been expected to avoid and which by exercise of due diligence has been unable to overcome, if Consultant shall within ten (10) days of the com mencement of such delay notify the City’s Project Manager in writing of the causes of the delay. The City’s Project Manager shall ascertain the facts and the extent of delay and may extend the time for performing the Services for the period of the enforced delay i f, in the judgment of the City’s Project Manager, such delay is justified. The City’s Projec t Manager's determination shall be final and conclusive upon the Parties to this Agree ment. In the event of delay, however caused, Consultant's sole remedy shall be an extens ion of this Agreement pursuant to this Section and Consultant shall not be entitled to recover damages against City.

G.

IV. BACKGROUND AND DESCRIPTION OF PROJECT

These proposed improvements will address the capaci ty and operational deficiencies under the existing conditions for the area shown in Exhibit “A”. The sewer systems were constructed with 6-inch minimum diameter instead of the City’s curre nt minimum standard 8-inches in diameter.

This old 6-inch pipe is experiencing significant ma intenance problems such as offset joints and root intrusion and its improvement is a priority fo r the City. Implementation of this program will improve the overall performance, reduce maintenance costs, ensure capacity for future developments, and maintain the reliability of the s ewer system. This program will also include improvements to the existing driveway approaches, s idewalks, curbs, curb & gutter, street, ADA access ramps, etc.

V. GENERAL PROJECT REQUIREMENTS AND SCOPE OF WORK

The Proposal should reflect a thorough understandin g of the City’s values and vision.

Incorporating all the necessary guidelines, policie s and requirements, all collectively complying with the Central Anaheim Master Plan of Sanitary Sewers (CAMPSS), and related City of Anaheim Design Standards and Specifications. All available related master plans of sanitary sewers are available in the City’s website under the following link:
http://www.anaheim.net/583/Storm-Drainage-Sanitary-Sewer-Master-Pla

The succeeding is a general description of the anti cipated services, project components, and tasks. These components shall be viewed as flexible in terms of their scope and order of schedule.

Relative to the project’s construction completion s chedule (Section VI), the Consultants are expected to submit a detailed work plan/approach, i ncluding schedule and specific work tasks, Vermont Street Alleys
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through the RFP submittal. The selected Consultant will also be required to submit a final work plan to the City for approval prior to execution of a contract for the project. EXHIBIT “A” is included for reference.

The items of work presented should not be considere d exhaustive. Consultants should expand the scope of work based on their experience and knowledge as they see appropriate.

Proposed services shall include, but are not limited to the following items:

1. Verify and confirm pipe and manhole data (invert elevation, size, flow direction, etc.) from the most recent Central Anaheim MPSS, City of Anaheim Survey of the project area, which will we be provided to the awarded Consultant, and/or “as-b uilt drawings.” The design may include siphons, jacking, boring, casing the sewer line, an d sewer pipe bedding calculations as needed. Hydraulic calculations for the existing and build-out sewer flows shall be included and substantiated by calculations.

2. Perform all necessary research and send out requ ests to all utilities under franchise with the City, utilities likely present even when they have no franchise, and outside agencies to establish the precise location of all utilities bas ed on the latest available records. Consultant shall keep copies of communications and a matrix of all Utility Companies contacted and their responses, including date and time. Perform potholing as necessary to determine feasibility of proposed solutions. Potholing should be surveyed by city forces; consultant shall be responsible to coordinate.

3. Develop all preliminary feasible alternative ali gnments and diversions from or into the selected sanitary sewer improvement. The alternatives should be evaluated further to determine their feasibility. All improvements are designed to address the recommended build-out sewer needs in the Central Anaheim MPSS. Current City capacity criteria of max d/D are 0.67 for pipes with diameters < 12-inch and 0.75 for pipes with diamete rs > 12-inch. The preferred City design capacity of max d/D are 0.5 for pipes with diameters < 12-inch and 0.6 for pipes with diameters > 12-inch if possible.

4. Provide pothole services for all utility crossin gs and potential conflicts with other projects. Prior to the 50% submittal of plans and specifications, potholing will be required to locate active and abandoned utilities within the project site. Pothol es shall also identify the existing pavement structural section (thickness of asphalt concrete, Portland cement concrete, asphalt base, base materials, native, etc.). Potholing shall adhere to the City and other agencies permit requirements and per Item G of the General Information section VII, Page 16, inclusive of this RFP. The City shall issue a no-fee permit for work within the City’s Right-of-Way. Note: All potholes in roadway shall include final restoration adhering to City’s Standards with hot-mix asphalt. The cost for hot-mix shall be included in the proposed fee. All work within the City Right of Way are subject to permit application and requirements. Pothole permitting shall prepare and acquire approved plans showing pothole locations, duly dimensioned, referencing from known visible features. Traffic control plans shall be provided and approved prior to the permit issuance. In addition to the estimated potho les required to locate active/abandoned utilities within the project site as aforementioned , an additional five (5) days of potholing work Vermont Street Alleys
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(approximately thirty (30) potholes) shall be inclu ded in the proposal to address unforeseen underground field conditions. The use of this task budget requires the City’s Written Approval.

5. Coordinate utility work with the City and all im pacted agencies prior to developing the final alignment for the selected sanitary sewer improveme nts. Coordinate with all impacted stakeholders on scheduling, costs, and permits necessary for any reconstruction/relocation of existing utilities. Prior to the 50% design submitt al, the selected consultant shall provide an electronic format of the 50% submittal (.pdf format ) to the City. An electronic copy of the 50% design submittals are to be sent to the City (1 set of plans, 1 set of specifications, 1 cost estimate, and potholing data) and to be forwarded to all affected utility companies. Consultant shall prepare and maintain utility outreach and coordination log showing their efforts to acquire accurate existing facility locations and coordination during design.

The 50% design submittal shall include horizontal a nd vertical alignments, referenced from City Benchmark as herein attached with pertinent information to verify accuracy of design (i.e. inverts, slopes, stations, and others). Vertical alignment shall show all potential utility crossings based on potholing data. The selected consultant sh all provide the city copies of all correspondence, including all pertinent data provid ed by the contacted utility companies in electronic format (.pdf format). Conduct a 50% desi gn workshop, as outlined in Item 7 below.

Provide a summary of the 50% design submittal revie w comments/responses and scanned red-lined plans in electronic format (.pdf format). The Consultant shall be required to create and submit a comment matrix log along with the resolution with each submittal.

6. During the 50% design workshop, the selected con sultant shall present a PowerPoint presentation that includes but is not limited to the following:
a. Project Background and Scope;
b. Preliminary Design;
• Recommendation that aligns with the goal as discussed in the RFP; • Alternatives taken into consideration and their analysis; • Best Management Practices (BMP’s);
• Pavement Comparisons (Asphalt Concrete (AC), Portl and Cement Concrete (PCC), Porous Surfaces,)
• Preferred design;
c. Technical Information;
• Utilities/Cross Sections;
• Depth of flow to Pipe Diameter Ratios (d/D);
• Operations (various method(s) to complete preferred design); • Traffic Control (Pedestrians, Business hours, Serv ice Pickups, Traffic, Ingress/Egress, etc...)
d. Project Timeline;
e. Project Cost;
f. Project Benefit (Citywide/Neighborhood)

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7. Provide coordination with the businesses, school s, and residents (private owners) affected by the improvements. The Consultant and City staff wil l collaborate with the school officials to address their concerns and integrate them into the project plans, specifications, and estimates, while also taking into account the school’s schedule in the project timeline and specifications.

The Project schedule should show construction begin ning as soon as the school year end to minimize impact with Olive Street Elementary School and Thomas Jefferson Elementary School. Design work shall be provided to integrate the construction phase to minimize impact to the school, and obtain applicable permits from other public agencies and cities (as needed) such as the State of California Department of Transportation (Caltrans), Union Pacific Railroad (UPRR), Orange County Transportation Authority (OCT A), and other applicable permits as necessary.

8. Prepare plans, specifications and estimates (PS &E) including but not limited to all applicable items discussed in item 9 above, per the latest app licable codes, regulations and standards, as well as all re-design/relocation of all utilitie s and facilities that are in conflict with the fina l sewer alignment. As for this project, environmental evaluation will be exempt, and any work categorized as environmental work will be considere d optional service, including all needed environmental documents (Notice of Exception, NEPA, Mitigated Negative Declaration, etc.).

Extra strength vitrified clay pipe (VCP) with compr ession joints shall be used for all pipe improvements, unless otherwise directed by the City.

9. Develop a final alignment and grades for the sel ected sanitary sewer improvements. Provide soil borings for the selected project alignment. The depth of the borings shall be at least 3 feet deeper than the lowest required invert unless otherwise specified. The geotechnical report shall contain soil classification, in-place density, relative compaction, moisture content, sand equivalent, depth to groundwater (if any), soil stability related to trench excavation, shoring criteria and recommendations, pavement section thickness (existing and proposed), and any other related recommendations. The soils report shall be reviewed and approved by a registered Geotechnical Engineer.

10. Traffic control methods and plans:

a. Shall conform to the requirements of the Manual of Uniform Traffic Control Devices (MUTCD) (latest editions) and Work Area Traffic Con trol Handbook (WATCH Manual) (latest editions) at a minimum. The Consultant shal l work with the City’s Project Manager to coordinate work locations prior to submitting the plans for permitting.

b. Traffic Control Plans may be required for the fo llowing activity(ies) per the direction of the City’s Traffic Engineering (but is not limited to):

• Potholing
• Construction Phase (Implementation)
• Work within the City’s Right-of-Way
• Additional field investigations as deemed necessary for this project Vermont Street Alleys
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c. The Consultant is to incorporate the costs/effor t (unless as otherwise stated/clarified to be inclusive of NO FEE PERMIT in various sections of this RFP) required to design, process, permit (goPost/EPR permit requirements at found her e;
https://anaheim.eplansoftreview.com/#/login?portal=anaheim ), implement, and obtain approval(s) from key stakeholders (private, local, state, federal, etc…) necessary to safely and effectively complete the scope of work as outlined in the Request for Proposal (RFP) or other authorized work. The Consultant shall also be responsible for adhering to all the requirements in the EPR system for all submittals a s required to obtain permit approval.

The City shall issue a no-fee permit for work within the City’s Right-of-Way. All work shall be included in the task for Traffic Control. Propose a “not-to-exceed” dollar amount.

11. Provide plans showing limits of trench, street pavement, alley pavement and PCC, sidewalk, curb, curb & gutter, alley approach, alley cross se ctions, details for alley joins, etc., areas for estimate and inspection purposes.

12. Provide CAD drawings delineating limits of impr ovements or construction work including but not limited to trench, street pavement, sidewalk, c urb, curb & gutter, alley approach, other hardscape/or landscape areas, etc… and other quanti fiable areas/units for estimate and inspection purposes.

13. Coordinate utility work with the City and all impacted agencies prior to securing work approval for the final PS&E. Prior to the 90% design submittal, the selected consultant shall provide an electronic format of the 90% submittal (.pdf format) to the City. The consultant shall identify all utility relocations required so the City can notify properly for relocation. An electronic copy of the final plans (90% submittal) shall be sent to th e City,(1 set of plans, 1 set of specifications, and cost estimate) and to be forwarded to all affec ted utility companies. The consultant shall provide the City copies of all correspondence inclu ding all pertinent data provided by the contacted utility companies in electronic format (.pdf format). The Consultant shall ensure that the final design is compatible with all utilities i n the project area to be installed, relocated, adjusted, or otherwise modified. A time assessment of any utility relocation should be incorporated into the construction schedule, as the City prefers to have utilities relocated on advanced of the Capital Improvement Project work. Provide a summary of 90% design submittal review comments/responses and scanned red-lined plans in electronic (.pdf format).

The project’s Special Provisions section shall incl ude documents, reports/or data of comprehensive potholing, geotechnical borings, permits, applicable standards and necessary information for proper construction of the improvem ents. The Consultant will only responsible for outside agency Traffic Control Plans required f or construction. The Consultant shall be required to create and submit a comment matrix log along with the resolution with each submittal.

14. Prior to the 100% submittal, the Consultant shall attend an in person meeting at City Hall with Public Works to review and discuss major comments and concerns so they may be addressed properly for the 100% submittal.

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15. Prepare one (1) Final Corrected plan (100% submittal) set on 24” X 36” sheets (Paper size 24” X 36”, Plot size 22” X 34”). Prior to the 100% sub mittal, the selected consultant shall e-mail this plan check set in electronic format (.pdf form at). The plans shall be compatible with the City’s Computer Aided-Design standard format/system (AutoCAD Civil 3D 2019), and all other project documents in digital/electronic format shal l be compatible with the City’s computer applications (MS Office, MS Project, etc.). In add ition, the Consultant will be required to provide blue line/copy reproductions for reviews as needed. The Consultant shall be required to create and submit a comment matrix log along with the resolution with each submittal. Refer to EXHIBIT “C” for City Hall entry guidelines.

16. In addition to the various coordination efforts , the selected Consultant will assist the City in partnerships to combine the efforts of these project(s) in developing a complete neighborhood philosophy may commonly referred to as “Green Neigh borhood.” The goal is to establish partnership with other departments to maximize cost savings by combining other improvements (sidewalk, street, curb, curb and gutt er, etc…) as part of the Final bid documents. The use of this additional partnership task requires the City’s written approval.

17. If Public Outreach Meeting(s) is/are required, the selected Consultant shall provide full support to the City including providing all necessary resou rces to successfully implement the task as required by this RFP. Plan on two meetings. The use of this task budget requires the City’s written approval.

18. Time is of the essence. The project schedule s hall firmly conform to the following City schedule:
a. The Sanitary Sewer Improvement Project shall be completed, ready for public bidding, within nine (9) months after the Notice-To-Proceed is issued. b. The schedule should show completed PS&E by Monda y, May 4th , 2026. c. The schedule should show construction beginning immediately after the school year ends in June.

19. Provide on-going support services as required d uring the bid/award phase for any questions/clarifications from the Contractor and/or any revisions that may be necessary due to unforeseen conditions. Assist City staff in the pre paration of bidding/awarding documents.

Propose a “not-to-exceed” dollar amount.

20. Provide on-going support services as required d uring the construction phase for any questions/clarifications from the Contractor and/or any revisions that may be necessary due to unforeseen conditions including appropriate number of submittal reviews, construction observations and preparation of Record Drawing from As-Built information provided by the contractor. Propose a “not-to-exceed” dollar amoun t.

VI. SERVICES TO BE INCLUDED

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A. Monthly progress meetings with City Staff, inclu ding preparation of meeting agenda, updated schedules, project reports and minutes of each meeting to subsequently follow each meeting.

B. Scheduling, notices and compilation of informati on for distribution to the public. Coordination and attendance at Public Outreach meetings as requi red throughout all phases of the project including bidding and construction.

C. It is the Consultant’s responsibility to researc h, collect and verify all information such as existing records and documents including documents furnished by the City in order to complete the project(s) on schedule and within budget.

VII. SUBMITTAL REQUIREMENTS

A. GENERAL

1. Deadline(s): Proposals are due to the City of An aheim, at the date, time, and location set forth above in the Notice Inviting Proposals an d Key RFP Dates.

2. Documents required as part of the Request for Pr oposal: Agreement Statement, Firm and Team Experience and Resumes.

B. PROPOSAL CONTENTS
All proposals shall be limited to a MAXIMUM of 10 pages , including the cover letter, appendices, charts, pictures, and tables, but exclu ding front and back covers, resumes, resource allocation table, schedule, section divide rs, addendum acknowledgements, fee proposal, and Designation of Sub-Contractors Form. With the exception of the Schedule and Resource Hour Allocation Table, which may be on sin gle-sided Tabloid paper size (11”x17”), the Proposal shall be on single-sided Letter sheets (8.5"x11"). Font size shall be minimum 11- point Arial (standard).

By signing the Conflict of Interest Form (included as EXHIBIT “D”), the Consultant declares and warrants that no Anaheim public official, or of ficer, or employee of the City has been or shall be compensated, directly or indirectly in con nection with this proposal or any work connected with this proposal. The Conflict of Inter est Form is not part of the page limit for the Proposal.

This project is subject to compliance monitoring an d enforcement by the Department of Industrial Relations.

No contractor or subcontractor may be listed on a p roposal for a Public Works project (submitted on or after March 1, 2015) unless regist ered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

No contractor or subcontractor may be awarded a contract for a Public Works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5. Designation of Subcontractors’ form attached with this Request for Proposals shall be completed and submitted with the Proposal. Failure to submit shall be deemed non-responsive and may be just cause for the rejection of the proposal.

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Contractor or subcontractor’ means a firm, corporation, partnership, or association who will be substantially responsible or will engage in the per formance of any contract for Public Works project, subject to labor compliance program as det ermined by the Department of Industrial Relations.

Designation of Subcontractors(s) must be completed and included as part of the proposal.

Reference EXHIBIT “E” for information of the Subcontractor(s) to be included.

1. STATEMENT OF QUALIFICATIONS

a. Cover Letter: Proposals shall include a letter t hat has been wet signed by a principal or authorized representative who can make legally binding commitments for the entity.

Include address, telephone, e-mail address, and type of business entity.

b. Team Experience: Include resumes of project team /sub-contractors that outline their technical and design experience. At a minimum, this should include the project manager/principal agent, associates in charge when project manager/principal agent is unavailable, key personnel, firm size, and an organization chart identifying only those who will perform work for the proposed project and the percentage of each individual’s time devoted to this project. The project manager/p rincipal agent shall be the primary contact person to represent your firm. Provide a de monstrated record of success by the consultant on work previously performed for the City, other municipalities, or other enterprises within the County.

c. Understanding of Need: Proposal shall include an outline which demonstrates the firm’s understanding of the scope of work. This out line should include anticipated approach, tasks necessary for successful completion , and suggestions or special concerns that the City should be made aware of base d on preliminary field/record investigation.

d. Relevant Project Experience: Proposal shall incl ude a list of all feasible/applicable types of projects which your firm or personnel have completed within the last 5 years, including significant work with public agencies. Pr oject information should include project description, year completed, client name, a long with a contact person, telephone number and email address.

e. Quality Assurance: Provide a description of the Consultant Quality Assurance and Quality Control process / procedures, and discuss t he Proposer’s approach to ensure quality work and an on-time product delivery. Discuss procedures in handling City plan check reviews and addressing these comments, avoidi ng redundancy in current subsequent and anticipated reviews.

2. SCOPE OF SERVICES & SCHEDULE
The Proposal shall detail the work phases to be completed, the tasks to be accomplished and the deliverables to be provided in order to satisfy the Scope of Work (Section IV). The Vermont Street Alleys
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Proposal shall additionally itemize services which are further required in the servicing of the account but may not have noted in this RFP as requirements. The Proposal shall name will title this section as ADDITIONAL SERVICES.

In addition, provide a detailed schedule using the project milestones in the RFP, if applicable. The detailed schedule shall identify al l pertinent tasks, time required to complete each task, milestones, time for City revie w (use fifteen (15) calendar days for each review), time for revising drafts, and 100% PS &E completion by Monday, May 4 th ,
2026. The schedule shall also include the proposed construction dates for the project.

Construction shall begin immediately after the scho ol year ends at Thomas Jefferson Elementary School and Olive Street Elementary Schoo l so construction conflicts can be minimized.

The Resource Hour Allocation Table shall show the amount of time allotted for the Project Manager, Project Engineer, and other team members f or the project as well as the total estimated working hours proposed to complete the pr oject for the prime and all sub- consultants. Show only the number of the total esti mated working hours, not the dollar amount in the technical proposal. The proposed fee shall be submitted in a separate sealed envelope. Do not include the proposed fee in the electronic submittal.

C. FEE PROPOSAL

1. The Consultant’s fee proposal shall be submitted concurrently with the technical proposal (electronic in ‘.pdf format’), but as separate files. For the fee proposal, the PDF shall be clearly labeled as “Fee Proposal” and shal l include the firm and its Sub- Consultant’s Standard Hourly Fee Schedule, and/or a Project Fee Schedule where applicable and as outlined in the Scope of Work, cl early indicating the grand total and optional items. The Fee Proposal shall not have a separate line item for reimbursable miscellaneous costs which may include the list of f ees and expenses, including all incidental printing and reproductions or anticipate d mileage, etc. to be accrued during the life of the contract. The Proposer is expected to have included these costs, if any, in the line items inclusive of all tasks proposed per the Scope of Work. The schedule of fees shall remain in effect for the entire duration of the project. No additional mark-up will be paid. For “time and materials” not to exceed fee and reimbursable expenses, see Item C.2. herein.

2. For “time and materials” not-to-exceed fee, the fee shall include reimbursable expenses as percentage of these total fees. Separate the subtotals for tasks listed in the Scope of Work (Section V). The proposal costs (“time and mat erials”) must be summarized by task, the services to be provided by the Consultant, the product of each task and the cost of each task.

3. All work is to be invoiced to the City in accord ance with this proposal and the Agreement for Consultant Services. The City will make payment s no more than once monthly on approved invoices up to the negotiated fee. Consul tant invoices shall include the list of tasks and subtasks (Work Breakdown Structure) corre sponding to the same format as the cost summary submitted with the proposal, number of hours and dates worked, name Vermont Street Alleys
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and title of person. The invoice shall be reviewed and signed by the Consultant’s Project Manager certifying its accuracy. The amount invoice d shall not exceed the amount shown in the Cost Summary, and Work Breakdown Struc ture for each phase of work.

Consultant shall not proceed with any additional sc ope items without an approved addendum executed by the City. An Earned Value Chart shall accompany each monthly invoice to track actual expenditures to projected expenditures, and earned value against planned progress. If the design is behind schedule or not on budget, a recovery plan shall also be submitted with the invoice describing how the project will be put back on budget/schedule by the next monthly invoice or soon er. Consultant payments are contingent upon Consultant submitting bi-weekly pro ject status report/schedule/WBS/earned value forms with each payment request.

VIII. GENERAL INFORMATION

A. The proposal submitted by the Consultant is requ ired to include all items contained in the RFP with respect to the services to be provided for the project, the scope of work described and information to be included in the proposal.

B. The proposal submitted by the Consultant shall n ot have any exclusions, conditions, or provisions applied to the item above (Section VII, Item A).

C. If either of the above two items (Section VII, I tems A and B) is not abided by, the City may deem the proposal as non-responsive.

D. The Consultant shall be responsible for collecti ng and disseminating the data, records, and documents in the preparation of all design documents.

E. The Consultant is expected to establish and main tain a close working relationship with City staff throughout the project.

F. All data, documents, or other products utilized/ developed in the preparation of the studies, shall become property of the City upon completion of the project.

G. The Consultant will adhere to all permit require ment(s) as discussed in the foregoing relative sections for potholing, flow monitoring, geotechnic al, etc. obtained as per the scope of work described in the proposal. The proposed fee for eac h of these items shall include all work requirements from the permit(s) and shall not be considered additional cost item(s).

IX. INFORMATION/SERVICES TO BE FURNISHED TO THE SEL ECTED CONSULTANT BY THE CITY

A. All available related master plans of sanitary s ewers are available on the City’s website under the following link:
http://www.anaheim.net/583/Storm-Drainage-Sanitary-Sewer-Master-Pla B. All available related digital base maps as reque sted.

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C. City of Anaheim’s CAD Title Block and template.

D. City of Anaheim Project Specifications General C onditions.

E. City of Anaheim Topographic Survey Map of the Pr oject Location.

It is the Consultant’s responsibility to verify all information furnished by the City in order to complete the project on schedule and within budget.

X. PROPOSAL REVIEW (CONSULTANT SELECTION)

CRITERIA RATING GUIDELINES
Ability of the consultant to perform the specific
tasks outlined in the RFP.
15 MAX
Technical Approach: The specific method and
techniques to be employed by the consultant on the
project or problem.
35 MAX
Experience and Qualifications: A demonstrated
record of success by the team on similar work
previously performed including past performances
of the specific individuals who will work on the
project.
20 MAX
Project Management: The proposer’s plan for
managing the project including allocation of staff
hours, timelines, milestones, utility coordination,
risk management strategies, and QA/QC.
25 MAX
Reasonableness of the cost proposal and level of
effort requested to do the work
5 MAX
Interview (if necessary) (To be determined based on the evaluation of the proposals)

An internal Review Board selected by the City will review the proposals received. The final ranking of the consultants will be based upon qualifications, based on criteria below. A short list of qualified firms may be asked to participate in oral interviews. Consultant will be notified if a panel interview is required.

Upon completion of the evaluation and ranking of proposals, the City will initiate negotiations with the most qualified firm to arrive at a fair and reasonable compensation given the proposed scope of work. If the City and the firm are unable to neg otiate a contract, the City may terminate negotiations and initiate negotiations with the next most qualified firm.

XI. IMPLEMENTATION

A. KICK-OFF MEETING
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a. A kick-off meeting will be held after award of c ontract. Consultant and its team will meet with City of Anaheim staff to conduct introductions, discuss scope of services, and the implementation process.

B. NOTICE TO PROCEED
a. A formal Notice to Proceed (NTP) may be issued a fter the agreement is fully executed, and all insurance documents have been received and approved.

C. PUBLIC RECORDS
a. All responses to the RFP shall become property o f the City, and proposals will become public record after award of the contract.

XII. RIGHT TO REJECT ALL PROPOSALS

The City reserves the right to reject any/or all su bmitted proposals when such rejection is in the interest of the City to reject the Proposal of the Consultant who has not met the prerequisites of the RFP, who has previously failed to perform prope rly or complete contracts of similar nature timely; and to reject the proposal of the Consultan t who is, in the opinion of City, in a position unable to perform the contract. The City also reser ves the right to waive any information and technicalities in the RFP. All costs incurred in th e preparation of the proposal, in the submission of additional information and/or in any other aspec t of a proposal prior to the award of a written contract will be borne by the Consultant. The City will only provide the staff assistance and documentation specifically referred to herein, and will not be responsible for any other cost or obligation that may be incurred by the Consultant. All proposals submitted to the City shall become the property of the City of Anaheim.

Exhibit A – Project Location
Project’s Current Condition:

Operationally deficient 6 inch sewer
lines.

PROJECT LOCATION
Replacement of operationally
deficient 6 inch sewer lines with
a 8 inch sewer lines.
- Length of pipes to be replaced
approximately 3,430 feet.

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City of Anaheim

DEPARTMENT OF PUBLIC WORKS
Construction Services, Survey Section

ANAHEIM SURVEY MEASURMENT STANDARDS

HORIZONTAL DATUM:

Coordinates are to be in U.S. Survey Feet in terms of the California State Plane Coordinate System, Zone VI, NAD 83
VERTICAL DATUM:

Elevations are to be in U.S. Survey Feet in terms of the North American Datum of 1988 (NAVD 88), using a local City of Anaheim Benchmark, or an Orange County Surveyor Benchmark ACCURACY:

Horizontal - Second Order, Class II (1: 20,000) min imum.

Vertical - Second Order, Class II (  = 0.035√M) minimum.

Where:
e = is the allowable error, in feet

0.035 = a constant
M = is the length of the level loop, in miles

SURVEY RE QUIREMENTS FOR PROPOSED SEWER IMPROVEMENTS

• Locate all topographic features from existing righ t-of-way to existing right-of-way along the project limits and 50 feet up any adjoining side street.
• Include stripping, traffic loops, and home runs.
• Include diameter of any and all trees over 6 feet in height. • Locate all features inside of any and all median i slands. • Locate all existing centerline monuments and provi de a centerline alignment. • Conventional survey methods are required (no aeria l mapping). Lidar scanning may be used in intersections but the lidar data must be converted to a file compatible with Civil 3D 2019. • Deliverables shall be an Auto CAD dwg file compati ble with Civil 3D 2019, showing all features, detai ls, and survey control points.
• Deliverables shall contain an ASCII text file of a ll located features and survey control points. • Auto CAD dwg file shall contain all layers and fil es relevant to the final product. No x-references. • A DTM surface compatible with Civil 3D 2019.
• 50-foot cross sections (paced) from existing right -of-way to existing right-of-way. • Densify asphalt shots in all intersections for a D TM grid. • File pre-construction corner records with the Coun ty of Orange (provide copies to the city survey section).
• Set permanent control points (mag nail & washer wi th company name on washer) every 500 feet in top of curb.

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• Provide existing right-of-way and any encumbrances along project limits and 50 feet up any and all side streets.
• Only one published benchmark is to be referenced f or the project. Benchmark shall be a City of Anaheim or Orange County Survey published benchmark.
• Dip and take photos of all manholes and catch basi ns. Photos shall include invert elevation, pipe diameters, and flow directions. Label all photos with the corresponding manhole identification number.

__________________________
Richard W. Hill P.L.S. 8588 January 30, 2025
City Surveyor
[email protected]
714-765-5284

EXHIBIT C
City Hall Procedures
For dropping off, the respective party should set an appointment by following the below link to the City of Anaheim Public Works Appointment Calendar:
https://www.anaheim.net/229/Public-Works
The information should be found in the middle of the page. To schedule a phone, virtual, or in person appointment select or scan the QR Code on the website. Select the date and time for appointment, click continue to set appointment by correctly fill out the contact information.

Vermont Alleys Sanitary Sewer Improvement
EXHIBIT "D"

EXHIBIT D

CONFLICT OF INTEREST
Conflict of Interest Form for Consultants
(Consultant to complete, sign and submit with the RFP Submittals) The Political Reform Act (Government Code Sections 81000-91014) and Govern ment Code Section 1090 prohibit any Anaheim public offici al, officer, or employee from involvement in a governmental decision or contract in which he or she has a financial interest. It is the responsibility of the consultant, consultant's employees, and subconsultants who perform work under the consultant agreement to evaluate any potential conflict of in terests and follow the provisions of the conflict of interest requirements as set forth in Sect ion 22 of the consult ant agreement. Be advised that a prohibited conflict of interest may void any award where it exists.

I, the undersigned, hereby certify t hat I have reviewed and understand the above paragraph, and in furtherance of the foregoing, I have evaluat ed and caused my company's employees and subconsultants to evaluate any pot ential conflict of interests. Ba sed on this evaluation, I hereby further certify that no such conflict of interests exists.

SIGNATURE OF AUTHORIZED SIGNATORY
_____________________________________ Date: ________________ Print Name: ___________________________
Title: _________________________________
Consultant Name: ___________________

SEE ATTACHED

DESIGNATION OF SUB-CONTRACTORS FORM
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EXHIBIT "E"

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EXHIBIT E

DESIGNATION OF SUB-CONTRACTORS
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/13/29/39/30 /40 /i255 /84 /45 /36 /35 /i255 /12 /15 /26 /i255 /30 /41 /37 /27 /31 /85 /i255 /90 /30 /42 /43 /41 /38 /43 /i255 /17 /36 /57/i255/13 /86 /37 /57 /i255 /12 /39 /31 /43 /i255 /12 /15 /26 /i255 /26 /43 /54 /30 /38 /31 /35 /39 /31 /30 /36 /41 /i255 /17 /36 /57/i255/13 /86 /37 /57 /i255 /12 /39 /31 /43 /i255 /93 /61 /78 /78 /67 /60 /75 /i255/71/68/69 /i255 /94 /67 /i255 /65 /70 /62 /75 /61 /78 /67 /60 /67 /78 /i255/95/96/95/79/77 /97 /98 /59/96/95/98/99 /100 /97 /i255 /61 /101 /i255 /68 /66 /66 /i255 /61 /62 /101 /70 /60/71/68/63 /61 /70 /62 /i255 /61 /75 /i255 /62 /70 /63 /i255 /65 /70/71/72/66 /67 /63 /67 /66 /69 /i255 /101 /61 /66 /66 /67 /78 /i255 /61 /62 /76 /i255 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102/i255/102/102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /102 /i255 /i255 /24 /15 /12 /12 /13 /26 /103 /14 /i255 /17 /18/104/13/i255 /i255/i255/i255/i255/18/23 /19 /105 /20 /26 /15 /106 /13 /12 /i255 /14 /15 /16 /17 /18 /19 /23 /26 /13 /i255 EXHIBIT "E"

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/50 /42 /48/47/i255/41 /51 /i255/52/41/43 /53/i255/i255 /54 /41/47/55/56 /48 /42 /48 /i255 /37 /42 /43 /48 /48 /42 /i255 /57 /27 /27 /43 /48 /45 /45/i255/i255 /58 /59 /41 /26 /48 /i255 /46 /41 /34/i255/i255
/60/47/25/61 /56 /i255 /62 /51 /41 /43 /i255 /63 /50 /64 /i255 /61 /26 /55 /38 /42 /65/i255/i255 /66 /61 /40 /48 /26 /45 /48 /i255 /46 /41 /34/i255/i255 /60 /67 /55 /34 /i255 /63 /25 /42 /48/i255/i255 /63 /50 /64 /i255 /64 /48 /68 /61 /45 /42 /43 /25 /42 /61 /41 /26 /i255 /46 /41 /34/i255/i255 /60/67 /55 /34 /i255 /63 /25 /42 /48/i255/i255 /69 /34 /i255 /37 /38 /39 /40 /41 /26 /42 /43 /25 /40 /42 /41/43 /44 /45 /i255 /46 /25/47/48/49 /i255
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/60/47/25/61 /56 /i255 /62 /51 /41 /43 /i255 /63 /50 /64 /i255 /61 /26 /55 /38 /42 /65/i255/i255 /66 /61 /40 /48 /26 /45 /48 /i255 /46 /41 /34/i255/i255 /60 /67 /55 /34 /i255 /63 /25 /42 /48/i255/i255 /63 /50 /64 /i255 /64 /48 /68 /61 /45 /42 /43 /25 /42 /61 /41 /26 /i255 /46 /41 /34/i255/i255 /60/67 /55 /34 /i255 /63 /25 /42 /48/i255/i255 /70 /34 /i255 /37 /38 /39 /40 /41 /26 /42 /43 /25 /40 /42 /41/43 /44 /45 /i255 /46 /25/47/48/49 /i255
/50 /42 /48/47/i255/41 /51 /i255/52/41/43 /53/i255/i255 /54 /41/47/55/56 /48 /42 /48 /i255 /37 /42 /43 /48 /48 /42 /i255 /57 /27 /27 /43 /48 /45 /45/i255/i255 /58 /59 /41 /26 /48 /i255 /46 /41 /34/i255/i255
/60/47/25/61 /56 /i255 /62 /51 /41 /43 /i255 /63 /50 /64 /i255 /61 /26 /55 /38 /42 /65/i255/i255 /66 /61 /40 /48 /26 /45 /48 /i255 /46 /41 /34/i255/i255 /60 /67 /55 /34 /i255 /63 /25 /42 /48/i255/i255 /63 /50 /64 /i255 /64 /48 /68 /61 /45 /42 /43 /25 /42 /61 /41 /26 /i255 /46 /41 /34/i255/i255 /60/67 /55 /34 /i255 /63 /25 /42 /48/i255/i255 /71 /34 /i255 /37 /38 /39 /40 /41 /26 /42 /43 /25 /40 /42 /41/43 /44 /45 /i255 /46 /25/47/48/49 /i255
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/60/47/25/61 /56 /i255 /62 /51 /41 /43 /i255 /63 /50 /64 /i255 /61 /26 /55 /38 /42 /65/i255/i255 /66 /61 /40 /48 /26 /45 /48 /i255 /46 /41 /34/i255/i255 /60 /67 /55 /34 /i255 /63 /25 /42 /48/i255/i255 /63 /50 /64 /i255 /64 /48 /68 /61 /45 /42 /43 /25 /42 /61 /41 /26 /i255 /46 /41 /34/i255/i255 /60/67 /55 /34 /i255 /63 /25 /42 /48/i255/i255 /72 /34 /i255 /37 /38 /39 /40 /41 /26 /42 /43 /25 /40 /42 /41/43 /44 /45 /i255 /46 /25/47/48/49 /i255
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/60/47/25/61 /56 /i255 /62 /51 /41 /43 /i255 /63 /50 /64 /i255 /61 /26 /55 /38 /42 /65/i255/i255 /66 /61 /40 /48 /26 /45 /48 /i255 /46 /41 /34/i255/i255 /60 /67 /55 /34 /i255 /63 /25 /42 /48/i255/i255 /63 /50 /64 /i255 /64 /48 /68 /61 /45 /42 /43 /25 /42 /61 /41 /26 /i255 /46 /41 /34/i255/i255 /60/67 /55 /34 /i255 /63 /25 /42 /48/i255/i255 /73 /34 /i255 /37 /38 /39 /40 /41 /26 /42 /43 /25 /40 /42 /41/43 /44 /45 /i255 /46 /25/47/48/49 /i255
/50 /42 /48/47/i255/41 /51 /i255/52/41/43 /53/i255/i255 /54 /41/47/55/56 /48 /42 /48 /i255 /37 /42 /43 /48 /48 /42 /i255 /57 /27 /27 /43 /48 /45 /45/i255/i255 /58 /59 /41 /26 /48 /i255 /46 /41 /34/i255/i255
/60/47/25/61 /56 /i255 /62 /51 /41 /43 /i255 /63 /50 /64 /i255 /61 /26 /55 /38 /42 /65/i255/i255 /66 /61 /40 /48 /26 /45 /48 /i255 /46 /41 /34/i255/i255 /60 /67 /55 /34 /i255 /63 /25 /42 /48/i255/i255 /63 /50 /64 /i255 /64 /48 /68 /61 /45 /42 /43 /25 /42 /61 /41 /26 /i255 /46 /41 /34/i255/i255 /60/67 /55 /34 /i255 /63 /25 /42 /48/i255/i255 /i255
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INSURANCE

1. INSURANCE
Without limiting ANAHEIM’s right to indemnification, it is agreed that CONSULTANT shall secure, prior to commencing any activities under this Agreement, and maintain, during the term of this Agreement, insurance coverage as follows:

Workers’ Compensation Insurance as required by California law and Employers Liability Insurance in an amount not less than $1,000,000 per occurrence.

Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, and Independent Contractor’s Liability, in an amount not less than $1,000,000 per occurrence, $2,000,000 annual aggregate, written on an occurrence form. Such insurance shall be written on a primary basis, without a self-insured retention, but may include a deductible of not more than $10,000 per occurrence, provided that such deductible is disclosed to ANAHEIM, in writing, at the inception of this Agreement.

Comprehensive Automobile Liability Coverage including—as applicable—owned, non-owned, and hired autos, in an amount not less than $1,000,000 per occurrence, combined single limit, as required by California law.

Professional Liability Insurance in an amount not less than $1,000,000 per occurrence, and CONSULTANT shall maintain such coverage for at least one (1) year from the termination of this Agreement. Such insurance shall be written on a primary basis, without a self-insured retention, but may include a deductible of not more than $10,000 per occurrence, provided that such deductible is disclosed to ANAHEIM, in writing, at the inception of this Agreement.

Each insurance policy required by this Agreement shall contain the following clause or shall otherwise provide for the following conditions:
“This insurance shall not be cancelled, or limited in scope or coverage, until after thirty (30) days prior written notice has been given to the City Clerk, City of Anaheim, 200 S. Anaheim Blvd., Anaheim, CA 92805, except in the event of cancellation for non-payment of premium which shall provide for not less than ten (10) days notice.”
Each insurance policy required by this Agreement, excepting policies for Professional Liability and Workers’ Compensation, shall contain the following clauses or shall otherwise provide for the following conditions:
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INSURANCE REQUIREMENTS
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“It is agreed that any insurance maintained by CONSULTANT pursuant to this Agreement shall be primary to, and not contribute with, any insurance or self- insurance maintained by the City of Anaheim.”
“The City of Anaheim, its officers, agents, employees, representatives and ANAHEIM-designated volunteers are added as additional insureds as respects the acts, omissions, operations and activities of, or on behalf of, the named insured, in regard to products supplied to, or work or services performed for, or related to, the City of Anaheim.”
Prior to commencing any work under this Agreement, CONSULTANT shall deliver to ANAHEIM insurance certificates confirming the existence of the insurance required under this Agreement, and including the applicable clauses referenced above. Also, within thirty (30) days of the execution date of this Agreement, CONSULTANT shall provide ANAHEIM (i) endorsements to the insurance policies which add to these policies the applicable clauses referenced above, or (ii) in lieu of said endorsements, documentation acceptable to ANAHEIM evidencing that the coverage, terms, and conditions set forth in the above-referenced clauses are otherwise included in said insurance policies. Insurance required hereunder shall be placed with insurers (i) admitted to write insurance in California, (ii) possessing an A. M. Best’s rating of A VII or higher, or (iii) otherwise acceptable to ANAHEIM, with prior written permission from ANAHEIM. In the event that a claim or other legal action is filed against ANAHEIM, and if ANAHEIM, in its good faith opinion, believes it may have coverage under any of the insurance required herein, then ANAHEIM has the right to demand, and to receive within a reasonable time period, copies of the insurance policies related to such required insurance; provided, however, that this provision shall not apply if the parties agree that CONSULTANT shall fully defend, hold harmless, and indemnify ANAHEIM against any such claim or other legal action.

In addition to other remedies ANAHEIM may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, ANAHEIM may, at its sole option:

Order CONSULTANT to stop work under this Agreement and/or withhold any payment(s) which become due to CONSULTANT hereunder until CONSULTANT demonstrates compliance with the requirements hereof;
Terminate this Agreement.

Exercise of any of the above remedies, however, is an alternative to other remedies ANAHEIM may have and is not the exclusive remedy for CONSULTANT’s failure to maintain insurance or secure appropriate endorsements.

Nothing herein contained shall be construed as limiting in any way the extent to which CONSULTANT may be held responsible for payments of damages to persons or VermontAlleysSewerImprovement
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property resulting from CONSULTANT’s, (or CONSULTANT’s
contractors/subcontractor, if any) performance of the work covered under this Agreement.

In the event CONSULTANT hires other persons or firms to perform some of the work related to this Agreement, CONSULTANT shall ensure (i) that the acts or omissions of such persons or firms are covered under the above-referenced liability insurance, or (ii) that such firms maintain insurance equal to or better than, and subject to the same limits, terms and conditions as, the insurance required of CONSULTANT under this Agreement (except for firms which are not performing professional services—such firms shall not be required to carry the above-referenced professional liability insurance); and in either instance, CONSULTANT shall provide, or cause to be provided, evidence of such insurance coverage, reasonably acceptable to ANAHEIM.

ANAHEIM’s Risk Manager is hereby authorized to reduce the requirements set forth herein in the event he determines that such reduction is in ANAHEIM’s best interest.

2. INDEMNIFICATION
As respects acts, errors or omissions in the performance of professional services, CONSULTANT agrees to indemnify and hold harmless ANAHEIM, its officials, officers, and employees from and against any and all claims, losses, damages, defense costs, or liability, of any kind or nature, WRWKHH[WHQWarising directly out of CONSULTANT’s (or CONSULTANT’s contractors’ or subcontractors’, if any) negligent acts, errors or omissions in the performance of professional services under this Agreement.

As respects all acts, errors or omissions which do not arise directly out of the performance of professional services, including but not limited to those acts, errors or omissions typically covered by general and automobile liability insurance, CONSULTANT agrees to indemnify, defend (at ANAHEIM's option), and hold harmless ANAHEIM, its officials, officers, employees, agents, and representatives from and against any and all claims, losses, damages, defense costs, or liability, of any kind or nature (collectively referred to hereinafter as “Claims”), arising out of or in connection with CONSULTANT’s (or CONSULTANT's contractors’ or subcontractors’, if any) acts, errors, omissions, or work, relative to this Agreement; except for those Claims which arise out of the sole negligence or willful misconduct of ANAHEIM.

The obligations set forth in this indemnification provision (i) shall be in effect without regard to whether or not ANAHEIM, CONSULTANT, or any other person maintains, or fails to maintain, insurance coverage, or a self-insurance program, for any such Claims; and (ii) shall survive the termination of this Agreement.

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day of

A G R E E M E N T
THIS AGREEMENT, dated for purposes of identification only this , 2020, is made and entered into by and between the CITY OF ANAHEIM, a municipal corporation,
hereinafter referred to as "ANAHEIM,"
A
N
D
CONSULTANT NAME, TYPE OF BUSINESS., a STATE corporation, hereinafter referred to as "CONSULTANT."
ANAHEIM and CONSULTANT are sometimes individually referred to herein as "Party" and collectively as "Parties."
W I T N E S S E T H:

WHEREAS, AN AHEIM is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the statutes of the State of California and the Charter of the City of Anaheim; and
WHEREAS, ANAHEIM desires to obtain the services of CONSULTANT for civil engineering services related to the Pavement Management Plan Professional Services (the "Project"); and
WHEREAS, CONSULTANT possesses the skill, experience, ability, background, certification and knowledge to provide the services for the Project as described in this Agreement; and
WHEREAS, ANAHEIM has solicited and received a proposal from CONSULTANT, has reviewed the previous experience and evaluated the expertise of CONSULTANT, and desires to retain CONSULTANT to render professional services under the terms and conditions set forth in this Agreement.

NOW, THEREFORE, FOR AND IN CONSIDERATION OF THE MUTUAL

PROMISES, COVENANTS AND CONDITIONS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS:

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EXHIBIT H

SAMPLE AGREEMENT
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1. SERVICES TO BE PROVIDED BY CONSULTANT
In compliance with all of the terms and conditions of this Agreement, CONSULTANT shall provide to ANAHEIM all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional consulting services necessary for the Project ("Services"). The Services include, but are not limited to the following: (1) Cost effective sanitary sewer design and different alternatives, all conforming with the Central Anaheim Master Plan of Sanitary Sewers (CAMPSS); (2) Rela tive feasibility studies, research, field studies and surveys, flow monitoring, incorporation of best management practices and Preliminary Design Report (PDR); (3) QA/QC plan; (4) management data files in a form usable by the City of Anaheim; (5) hard copi es of the report that meet the City requirements; and (6) on- going support as needed by City staff and are more particularly described in the CONSULTANT’s Proposal dated MONTH DAY YEAR , attached hereto as Exhibit “A” and incorporated herein and in the Request for Proposal (“RFP”) issued by ANAHEIM, a copy of which is available in the Department of Public Works upon request and are both incorporated herein by this reference ("Scope of Services").

In the event of conflicting provisions, the provisions shall govern in the following order: (1) this Agreement, (2) the RFP, and (3) the Proposal. ANAHEIM may elect to delete certain tasks from the Scope of Services in its sole discretion.

2. TERM
The term of this Agreement shall commence on the Effective Date of this Agreement as set forth in Section 38 herein, and shall terminate upon the completion of the Services described herein, unless terminated earlier as set forth in Section 25 herein ("Term").

3. TIME OF PERFORMANCE

3.1 Time is of the essence in the performance of this Agreement and the Services shall be performed to completion in a diligent and timely manner. The failure by CONSULTANT to perform the Services in a diligent and timely manner may result in termination of this Agreement by ANAHEIM.

3.2 The time period(s) specified for performance of the Services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of CONSULTANT, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, pestilence, and other natural catastrophes, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litiga tion, civil disturbance or disobedience, sabotage, restraint by court order or public authority and action or non- action by or inability to obtain the necessary authorization or approvals from any governmental agency or authority, and/or acts of any governmental agency, including ANAHEIM, which by the exercise of due diligence such Party could not reasonably have been expected to avoid and which by exercise of due diligence has been unable to overcome, if CONSULTANT shall within ten (10) days of the commenc ement of such delay notify the Project Administrator in writing of the causes of the delay. The Project Administrator shall ascertain the facts and the extent of delay, and may extend the time for Vermont Alley Sewer Improvement
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performing the Services for the period of the enforced delay if, in the judgment of the Project Administrator, such delay is justified. The Project Administrator's determination shall be final and conclusive upon the Parties to this Agreement. In the event of delay, however caused, CONSULTANT's sole remedy shall be an extension of this Agreement pursuant to this Section and CONSULTANT shall not be entitled to recover damages against ANAHEIM.

4. COMPENSATION

4.1 ANAHEIM shall pay CONSULTANT for the Services rendered, pursuant to this Agreement, in the amou nt of Dollars and No/100 Cents ($) pursuant to the fee proposal set forth in Exhibit A and incorporated herein by reference (“Schedule of Compensation").

CONSULTANT and ANAHEIM agree that no changes to the fee proposal set forth in Exhibit A shall be made during the term of this Agreement without the prior written approval of ANAHEIM.

4.2 Extra Work. The Director of Public Works is authorized to approve additional expenditures to be paid to CONSULTANT, pursuant to this Agreement, for Extra Work not included in the Scope of Services, in the amount of Dollars and No/100 Cents ($.) if the Director of Public Works determines, in his or her sole discretion, that the additional Extra Work is necessary for the successful completion of the Services. .01 In no event shall CONSULTANT render Extra Work beyond the scope of this Agreement without the written authorization of the Director of Public Works. .02 All Extra Work approved in writing by the Director of Public Works shall be billed at either the rates set forth in the Schedule of Compensation or at a fixed price, at ANAHEIM’s sole discretion. If billed at a fixed price, CONSULTANT shall provide ANAHEIM with general description of the Extra Work to be performed with a proposed price.

At such time as the Director of Public Works has approved the Extra Work, has agreed to a fixed price for the services, and has notified CONSULTANT of such approval and agreement in writing, CONSULTANT shall perform the Extra Work.
.03 Except as specifically provided herein, no additional Servic es or Extra Work beyond the scope of this Agreement shall be rendered by CONSULTANT unless previously authorized in writing by the City Manager.
.04 As used herein, “Extra Work” means any work that is determined by ANAHEIM to be necessary for the proper completion of the Services, but which is not included within the Scope of Services and which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement.

4.3 It is understood by and agreed between the Parties to this Agreement t hat full and complete payment for all Services provided in accordance with this Agreement, including, but not limited to, all Extra Work, reimbursable expenses and subconsultant fees, if any, shall not exceed Dollars and No/100 Cents ($).

4.4. CONSULTANT shal l submit monthly invoices to ANAHEIM describing the work performed the preceding month. CONSULTANT’s bills shall include the name of the Vermont Alleys Sewer Improvement
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person who performed the work, a brief description of the Services performed and/or the specific task in the Scope of Services to which it relates, the date the Services were performed, the number of hours spent on all work billed on an hourly basis, and a description of any reimbursable expenditures. ANAHEIM shall pay CONSULTANT no later than thirty (30) days after approval of the monthly invoice by ANAHEIM staff.

4.5 All Parties recogni ze that the continuation of this Agreement after the close of any fiscal year of ANAHEIM, which fiscal year ends on June 30 of each year, shall be subject to budget approval providing for or covering such contract items as an expenditure in said budget. ANAHEIM does not represent that said budget item will be actually adopted, said determination being the determination of the City Council at the time of the adop tion of the budget herein. No penalty shall accrue to ANAHEIM in the event this provision shall be exercised. Should termination be accomplished in accordance with this Section, a settlement shall be negotiated by the Parties based on items delivered, serv ices provided, monies paid and monies due.

5. PROJECT MANAGER

5.1 CONSULTANT shall designate a Project Manager, who shall coordinate the Services. This Project Manager shall be available to ANAHEIM at all reasonable times during the Term of this Agreement. CONSULTANT has designated NAME to be its Project Manager. It is expressly understood that the experience, knowledge, capability and reputation of the foregoing Project Manager is a substantial inducement for ANAHEIM to enter into this Agreement. Therefore, the foregoing Project Manager shall be responsible during the Te rm of this Agreement for directing all activities of CONSULTANT and devoting sufficient time to personally supervise the provision of Services hereunder. The foregoing Project Manager may not be changed by CONSULTANT and no other personnel may be assigned to supervise the Services to be provided hereunder without the express written consent of ANAHEIM.

5.2 Any personnel or subconsultant, if any, who fail or refuse to perform the Services in a manner acceptable to ANAHEIM, or who are determined by ANAHEIM, in its sole discretion, to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, or a threat to the safety of persons or property, shall be promptly removed from the Project by CONSULTANT at the request of ANAHEIM. CONSUL TANT warrants that it will continuously furnish the necessary personnel to complete the Services on a timely basis as contemplated by this Agreement.

6. ADMINISTRATION
This Agreement will be administered by the Public Works Department. The employees of the Public Works Department shall be authorized to take the following actions pursuant to this Agreement:
(i) The Director of Public works is authorized to take any and all actions on behalf of ANAHEIM as set forth herein and to terminate services in accordance w ith Section 25 of this Agreement.

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(ii) The Project Administrator is authorized to take those specific actions set forth herein and review and approve all Services performed by CONSULTANT under this Agreement. The Project Administrator shall not be authorized to approve Extra Work, change billing rates or terminate Services under this Agreement.

7. STANDARD OF CARE

7.1 CONSULTANT shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. CONSULTANT represents and maintains that it is skilled in the professional calling necessary to perform the Services. CONSULTANT warrants that all employees an d subconsultants, if any, shall have sufficient skill and experience to perform the Services assigned to them. By delivery of completed work, CONSULTANT certifies that the work conforms to the requirements of this Agreement; all applicable federal, state and local laws; and the professional standard of care.

7.2 CONSULTANT represents and warrants to ANAHEIM that it has, shall obtain, and shall keep in full force in effect during the term hereof, at its sole cost and expense, all licenses, permits, qualificatio ns, insurance and approvals of whatsoever nature that is legally required of CONSULTANT to practice its profession. CONSULTANT shall maintain a City of Anaheim business license during the term of this Agreement.

8. FAMILIARITY WITH WORK
By executing this Agreement, CONSULTANT represents and warrants that CONSULTANT: (i) has thoroughly investigated and considered the Services to be performed; (ii) has carefully considered how the Services should be provided; and (iii) fully understands the facilities, difficulties and restrictions attending the provision of the Services under this Agreement. Should CONSULTANT discover any latent or unknown conditions materially differing from those inherent in the provision of such Services or as represented by ANAHEIM, CONSULTANT shall immediately inform ANAHEIM of such fact and shall not proceed except at CONSULTANT's risk until written instructions are received from ANAHEIM.

9. INDEPENDENT CONTRACTOR

9.1 Neither ANAHEIM nor any of its employees shall have any contr ol over the manner, mode or means by which CONSULTANT, its agents or employees, perform the services required herein, except as otherwise set forth herein. Except as expressly provided herein, ANAHEIM shall have no voice in the selection, discharge, supervision or control of CONSULTANT's employees, servants, representatives or agents, or in fixing their number, compensation or hours of service. CONSULTANT shall perform all services required herein as an independent contractor of ANAHEIM and shall remain at all times as to ANAHEIM a wholly independent contractor with only such obligations as are consistent with that role.

CONSULTANT shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of ANAHEIM. A NAHEIM shall not in any way or for any purpose become or be deemed to be a partner of CONSULTANT in its business or otherwise or a joint venture or a member of any joint enterprise with CONSULTANT.

9.2 In consideration for the compensation paid to CONSULTANT by ANAHEIM, CONSULTANT agrees that ANAHEIM shall not be liable or responsible for any benefits, including, but not limited to, worker's compensation, disability, retirement, life, unemployment, health or any other benefits and CONSULTANT agrees that it shall not sue or file a claim, petition or application therefore against ANAHEIM or any of its officers, employees, agents, representatives or sureties.

10. INSURANCE

10.1 Without limiting ANAHEIM's right to indemnification, it is agreed that CONSULTANT shall secure, prior to commencing any activities under this Agreement, and maintain, during the term of this Agreement, insurance coverage as follows:
.01 Workers' Compensation Insurance as required by California law and Employers Liability Insurance in an amount not less than $1,000,000 per occurrence. .02 Commercial G eneral Liability Insurance, i ncluding cov erage for Premises and Operations, Contractual Liability , Personal Injury Liability, Products/Completed Operations Liability, and Independent Contractor's Liability, in an amount not less than $1,000,000 per occurrence, $2,000,000 annual aggregate, written on a n occurrence form. Such insurance shall be written on a primary basis (i.e., without a self-insured retention), but may include a deductible of not more than $10,000 per occurrence, provided that such deductible is disclosed to ANAHEIM, in writing, at the inception of this Agreement. .03 Comprehensive Automobile Liability Coverage including -as applicable-owned, non -owned, and hired autos, in an amount not less than $1,000,000 per occurrence, combined single limit, as required by California law. .04 Professional Liability Insurance in an amount not less than $1,000,000 per claim, and CONSULTANT shall maintain such coverage for at least two (2) years from the termination of this Agreement. Such insurance shall be written on a primary basis (i.e., without a self-insured retention), but may include a deductible of not more than $50,000 per claim, provided that such deductible is disclosed to ANAHEIM, in writing, at the inception of this Agreement.

10.2 Each insurance policy required by this Agreement shall contain the following clause or shall otherwise provide for the following conditions: "This insurance shall not be cancelled, or limited in scope or coverage, until after thirty (30) days prior written notice has been given to the City Clerk, City of Anaheim, 200 S. Anaheim Blvd., Anaheim, CA 92805, except in the event of cancellation for non-payment of premium which shall provide for not less than ten (10) days' notice."

10.3 Each insurance policy required by this Agreement, excepting policies for Professional Liability and Workers' Compensation, shall contain the following clauses or shall otherwise provide for the following conditions:
.01 "It i s a greed t hat any i nsurance maintained b y C ONSULTANT pursuant to this Agreement shall be primary to, and not contribute with, any insurance or self- insurance maintained by the City of Anaheim."
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.02 "The City of Anaheim, its officers, agents, employees, representatives and ANAHEIM-designated volunteers are added as additional insureds as respects the acts, omissions, operations and activities of, or on behalf of, the named insured, in regard to products supplied to, or work or services performed for, or related to, the City of Anaheim."

10.4 Prior to commencing any work under this Agreement, CONSULTANT shall deliver to ANAHEIM insurance certificates confirming the existence of the insurance required under this Agreement, and including the applicable clauses referenced above. Also, within thirty (30) days of the execution date of this Agreement, CONSULTANT shall provide ANAHEIM: (i) endorsements to the insurance policies which add to these policies the applicable clauses referenced above; or (ii) in lieu of said endorsements, documentation acceptable to ANAHEIM evidencing that the coverage, terms, and conditions set forth in the above -referenced clauses are otherwise included in said insurance policies. Insurance required hereunder shall be placed with insurers: (i) admitted to write insurance in California; (ii) possessing an A. M. Best's rating of A VII or higher; or (iii) otherwise acceptable to ANAHEIM, with prior written permission from ANAHEIM. In the event that a claim or other legal action is filed against ANAHEIM, and if ANAHEIM, in its good faith opinion, believes it may have coverage under any of the insurance required herein, then ANAHEIM has the right to demand, and to receive within a reasonable time period, copies of the insurance policies related to such required insurance; provided, however, that this provision shall not apply if the Parties agree that CONSULTANT shall fully defend, hold harmless, and indemnify ANAHEIM against any such claim or other legal action.

10.5 In addition to other remedies ANAHEIM may have if CONSULTANT fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, ANAHEIM may, at its sole option:
.01 Order CONSULTANT to stop work under this Agreement and/or withhold any payment(s) which become due to CONSULTANT hereunder until CONSULTANT demonstrates compliance with the requirements hereof; or .02 Terminate this Agreement.

Exercise of any of the above remedies, however, is an alternative to other remedies ANAHEIM may have and is not the exclusive remedy for CONSULTANT's failure to maintain insurance or secure appropriate endorsements.

10.6 Nothing herein contained shall be construed as limiting in any way the extent to which CONSULTANT may be held responsible for payments of damages to persons or property resulting from CONSULTANT's, (or CONSULTANT's contractors/subcontractor, if any) performance of the work covered under this Agreement.

10.7 In the event CONSULTANT hires other persons or firms to perform some of the work related to this Agreement, CONSULTANT shall ensure, and certify to ANAHEIM in writing that: (i) the acts or omissions of such persons or firms are covered under the above- referenced liability insurance; or (ii) such firms maintain insurance equal to or better than, and subject to the same limits, terms and conditions as, the insurance required of CONSULTANT Vermont Alleys Sewer Improvement
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under this Agreement (except for firms which are not performing professional services -such firms shall not be required to carry the above -referenced professional liability insurance); and in either instance, CONSULTANT shall provide, or cause to be provided, evidence of such insurance coverage, reasonably acceptable to ANAHEIM.

10.8 ANAHEIM's Risk Manager is hereby authorized to reduce the requirements set forth herein in the event he determines that such reduction is in ANAHEIM's best interest.

11. INDEMNIFICATION

11.1 As respects acts, errors or omissions in the performance of professional services, CONSULTANT agrees to indemnify and hold harmless ANAHEIM, its officials, officers, and employees from and against any and all claims, losses, damages, defense costs, or liability, of any kind or nature, to the extent arising directly out of CONSULTANT's (or CONSULTANT's contractors' or subcontractors', if any) negligent acts, errors or omissions in the performance of professional services under this A greement.

11.2 As respects all acts, errors or omissions which do not arise directly out of the performance of professional services, including but not limited to those acts, errors or omissions typically covered by ISO -based general and automobile liability insurance coverage, CONSULTANT agrees to indemnify, defend (at ANAHEIM's option), and hold harmless ANAHEIM, its officials, officers, employees, agents, and representatives from and aga inst any and all claims, losses, damages, defense costs, or liability, of any kind or nature (collectively referred to hereinafter as "Claims"), arising out of or in connection with CONSULTANT's (or CONSULTANT's contractors' or subcontractors', if any) acts, errors, omissions, or work, relative to this Agreement; except for those Claims which arise out of the sole negligence or willful misconduct of ANAHEIM.

11.3 The obligations set forth in this indemnification provision (i) shall be in effect wi thout regard t o whether or not ANAHEIM, CONSULTANT, or any other person maintains, or fails to maintain, insurance coverage, or a self -insurance program, for any such Claims; and (ii) shall survive the termination of this Agreement.

12. PREVAILING WAGES
Where required pursuant to the provisions of the State of California Labor Code or the Davis Bacon Act, not less than the general prevailing rate of per diem wages including legal holidays, and overtime work for each craft or type of workman needed to execute the work contemplated under this Agreement, shall be paid to all workmen employed on the work to be done according to this contract by CONSULTANT or any approved Subcontractor, and shall be deemed to include employer payments for health and welfare, pension, vacation and similar purposes. If both the Davis -Bacon Act and State of California prevailing wage laws apply and the federal and state prevailing rate of per diem wages differ, CONSULTANT and Subcontractor, if any, shall pay the higher of the two rates. Said prevailing rate of per diem wages are on file at the City of Anaheim, Office of the City Clerk, 200 South Anaheim Boulevard, Anaheim, California 92805, and are available to any interested party on request.

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13. PROGRESS
CONSULTANT is responsible f or keeping the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Services, activities performed and planned, and any meetings that have been scheduled or are desired.

14. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
The Parties recognize that a substantial inducement to ANAHEIM for entering into this Agreement is the professional reputation, experience and competence of CONSULTANT. Neither the whole nor any interest in, nor any of the rights or privileges granted under this Agreement shall be assigned, transferred or encumbered in any way without the prior written consent of ANAHEIM. Any such purported assignment, transfer, encumbrance, pledge, subuse, or permission given without such consent shall be void as to ANAHEIM. If ANAHEIM approves an assignment or transfer, this Agreement and the covenants and conditions contained herein shall be binding upon and inure to the benefit of and shall apply to the permitted successors and assigns of CONSULTANT.

15. SUBCONTRACTING
Except for those subcontractors set forth in the Scope of Services, if any, CONSULTANT shall not subcontract any portion of the work to be performed under this Agreement without the prior written authorization of ANAHEIM. CONSULTANT shall be fully responsible to ANAHEIM for all acts and omissions of any approved subcontractor. Nothing in this Agreement shall create any contractual relationship between ANAHEIM and subcontractor nor shall it create any obligation on the part of ANAHEIM to pay or to see to the payment of any monies due to any such subcontractor other than as otherwise required by law. ANAHEIM is an intended beneficiary of any work performed by any subcontractor for purposes of establishing a duty of care between the subcontractor and ANAHEIM pursuant to this Agreement.

16. USE AND OWNERSHIP OF DOCUMENTS AND DATA

16.1 ANAHEIM shall furnish to CONSULTANT such documents and materials as may be relevant and pertinent to the provision of services hereunder as ANAHEIM may possess or acquire.

16.2 All documents and materials furnished by ANAHEIM to CONSULTANT pursuant to Section 16.1 shall remain the property of ANAHEIM and shall be returned to ANAHEIM upon termination of this Agreement, for any reason. All documents or mate rial prepared or caused to be prepared by CONSULTANT, its officers, employees, agents and subcontractors, in the course of implementing this Agreement, shall become the exclusive property of ANAHEIM, and ANAHEIM shall have the sole right to use such materi als in its discretion without further compensation to CONSULTANT or any other party. CONSULTANT shall, at CONSULTANT's sole cost and expense, provide such documents and material to ANAHEIM upon prior written request.

Documents and material prepared by CONSULTANT pursuant to this Agreement are not intended or represented to be suitable for reuse by ANAHEIM or others on any other project. Any use of completed documents for other projects and any use of incomplete documents without specific writ ten authorization from CONSULTANT will be at ANAHEIM's sole risk and without liability to CONSULTANT. Further, any and all liability arising out of changes made to CONSULTANT's deliverables under this Agreement by ANAHEIM or persons other than CONSULTANT, is waived against CONSULTANT and ANAHEIM assumes full responsibility for such changes unless ANAHEIM has given CONSULTANT prior notice and has received from CONSULTANT written consent for such changes.

17. CONFIDENTIALITY
All documents, including drafts, preliminary drawings or plans, notes, ideas and communications that result from the Services provided under this Agreement, shall be kept confidential by CONSULTANT unless ANAHEIM authorizes, in writing, the release of said information.

18. INTELLECTUAL PROPERTY INDEMNITY
CONSULTANT shall defend and indemnify ANAHEIM, its agents, officers, representatives and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by CONSULTANT to ANAHEIM pursuant to this Agreement.

19. RECORDS
CONSULTANT shall keep records and invoices in connection with the work to be performed under this Agreement. CONSULTANT shal l maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures and disbursements charged to ANAHEIM, for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to CONSULTANT under this Agreement. All such records and invoices shall be clearly identifiable. CONSULTANT shall allow a representative of ANAHEIM to examine, audit and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. CONSULTANT shall allow inspection of all work, data, Documents, proceedings and activities related to this Agreement for a period of three (3) years from the date of final payment to CONSULTANT under this Agreement.

20. WITHHOLDINGS
ANAHEIM may withhold payment to CONSULTANT of any disputed sums until satisfaction of the dispute with respect to such payment. Such withholding shall not be deemed to constitute a failure to pay according to the terms of this Agreement. CONSULTANT shall not discontinue work as a result of such withholding. CONSULTANT shall have an immediate right to appeal to the City Manager or his Designee with respect to such disputed sums and his/her decision shall be final. CONSULTANT shall be entitled to receive interest on any withheld sums at the rate of return that ANAHEIM earned on its investments during the time period, from the date of withholding of any amounts found to have been improperly withheld.

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21. ERRORS AND OMISSIONS
In the event of errors or omissions that are due to the negligence or professional inexperience of CONSULTANT which result in expense to ANAHEIM greater than what would have resulted if there were not errors or omissions in the work accomplished by CONSULTANT, the additional cost and expense shall be borne by CONSULTANT. Nothing in this paragraph is intended to limit ANAHEIM's rights under the law or any other sections of this Agreement.

22. ANAHEIM'S RIGHT TO EMPLOY OTHER CONSULTANTS
CONSULTANT acknowledges and agrees that this Agreement and the provision of services hereunder are nonexclusive and that ANAHEIM may enter into similar agreements with other entities for the provision of similar services.

23. CONFLICTS OF INTEREST
CONSULTANT or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which: (1) requires such persons to disclose any financial interest that may foreseeably be materially affected by the work performed under this Agreement; and (2) prohibits such persons from making, or participating in making, decisions that will foreseeably financially affect such interest.

If subject to the Act, CONSULTANT shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for immediate termination of this Agreement by ANAHEIM. CONSULTANT shall indemnify and hold harmless ANAHEIM for any and all claims for damages resulting from CONSULTANT’s violation of this Section.

24. NOTICES
All notice s, demands or other writings to be made, given or sent hereunder, or which may be so given or made or sent by either ANAHEIM or CONSULTANT to the other shall be deemed to have been given when in writing and personally delivered or if mailed on the third (3rd) day after being deposited in the United States mail, certified or registered, postage prepaid, and addressed to the respective Parties at the following addresses:

If to ANAHEIM: City Clerk
City of Anaheim
200 S. Anaheim Boulevard, 2nd Floor
Anaheim, California 92805
FAX No. (714) 765-4105
With copies to: Director of Public Works
City of Anaheim
200 S. Anaheim Boulevard, 2nd Floor
Anaheim, California 92805
FAX No. (714) 765-5225
To CONSULTANT: CONSULTANT
Address Line 1
Address Line 2
Phone: (###) ###-####

25. ENFORCEMENT OF AGREEMENT

25.1 Events of Default.
.01 For purposes of this Section 25, the word "Default" shall mean the failure of CONSULTANT to perform any of CONSULTANT's duties or obligations or the breach by CONSULTANT of any of the terms and conditions set forth in this Agreement. In addition, CONSULTANT shall be deemed to be in Default upon CONSULTANT's (i) application for, consent to, or suffering of, the appointment of a receiver, trustee or liquidator for all or a substantial portion of its assets; (ii) making a general assignment for the benefit of creditors; (iii) being adjudged bankrupt; (iv) filing a voluntary petition or suffering an involuntary petition under any bankruptcy, arrangement, reorganization or insolvency law (unless in the case of an involuntary petition, the same is dismissed within thirty (30) days of such filing); or (v) suffering or permitting to continue unstayed and in effect for fifteen (15) consecutive days any attachment, levy, execution or seizure of all or a substantial portion of CONSULTANT's assets or of CONSULTANT's interests hereunder. .02 ANAHEIM shall not be deemed to be in Default in the performance of any obligation required to be performed by ANAHEIM hereunder unless and until ANAHEIM has failed to perform such obligation for a period of thirty (30) days after receipt of written notice from CONSULTANT specifying in reasonable detail the nature and extent of any such failure; provided, however, that if the nature of ANAHEIM's obligation is such that more than thirty (30) days are required for its performance, then ANAHEIM shall not be deemed to be in Default if ANAHEIM shall commence to cure such performance within such thirty (30) day period and thereafter diligently prosecute the same to completion.

25.2 Immediate Termination for CONSULTANT's Default. CONSULTANT shall not be deemed to be in Default in the performance of any obligation required to be performed by CONSULTANT hereunder unless and until CONSULTANT has failed to perform such obligation for a period of thirty (30) days after receipt of written notice from ANAHEIM specifying in reasonable detail the nature and extent of any such failure; provided, however, that if the nature of CONSULTANT's obligation is such that more than thirty (30) days are required for its performance, then CONSULTANT shall not be deemed to be in Default Vermont Alleys Sewer Improvement
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CONSULTANT shall commence to cure such performance within such thirty (30) day period and thereafter diligently prosecute the same to completion.

25.3 Termination without Cause. ANAHEIM may terminate this Agreement at any time without the necessity of cause or Default by giving thirty (30) days' notice in writing to CONSULTANT. In such event, the Parties shall have no further rights hereunder, except that CONSULTANT shall be paid for all services adequately rendered prior to such termination and shall receive payment in full for equipment and equipment that has been ordered that cannot be canceled. CONSULTANT may not terminate this Agreement except for cause.

26. COMPLIANCE WITH ALL LAWS
CONSULTANT shall at its own cost and expense comply with all statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted. In addition, all work prepared by CONSULTANT shall conform to applicable local, county, state and federal laws, rules, regulations and permit requirements and be subject to approval of the Project Administrator.

27. WAIVER
A waiver by either Party of any breach, of any term, covenant or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character.

28. INTEGRATED CONTRACT
This Agreement and the exhibits hereto contain the entire agreemen t of ANAHEIM and CONSULTANT with respect to the matters covered hereby, and no agreement, statement or promise made by either ANAHEIM or CONSULTANT which is not contained herein, shall be valid or binding. No prior agreement, understanding or representation pertaining to any such matter shall be effective for any purpose.

29. CONFLICTS OR INCONSISTENCIES
In the event there are any conflicts or inconsistencies between this Agreement and the Exhibits or any other attachments attached hereto, the terms of this Agreement shall govern.

30. INTERPRETATION
Each Party acknowledges that he / she / it has had the benefit of advice of competent legal counsel with respect to its decision to enter this Agreement. The provisions of this Agreement shall be interpreted to give effect to their fair meaning and shall be construed as prepared by both Parties.

31. AMENDMENTS
This Agreement may be modified or amended only by a written document executed by both CONSULTANT and ANAHEIM and approve d as to form by the City Attorney.

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32. SEVERABILITY
If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held invalid or unenforceable, the remainder of this Agreement, or the application of its terms and provisions to persons and circumstances other than those to which it has been held invalid or unenforceable shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

33. REMEDIES CUMULATIVE
The remedies given to ANAHEIM and CONSULTANT herein shall be cumulative and are given without impairing any other rights given ANAHEIM or CONSULTANT by statute or law now existing or hereafter enacted and the exercise on any one (1) remedy by ANAHEIM or CONSULTANT shall not exclude the exercise of any other remedy.

34. NO THIRD PARTY BENEFICIARIES
The Parties intend that no rights nor remedies be granted to any third party as a beneficiary of this Agreement or of any covenant, duty, obligation or undertaking established herein.

35. CONTROLLING LAW AND VENUE
The laws of the State of California shall govern this Agreement and all matters relating to it and any action brought relating to this Agreement shall be adjudicated in a court of competent jurisdiction in the County of Orange.

36. DISCRIMINATION
CONSULTANT agrees not to discriminate against any person or class of persons by reason of sex, color, race, creed, religion, marital status, handicap, ancestry, national origin or other prohibited basis in its provision of Services or hiring of subcontractors or employees. To the extent this Agreement provides that CONSULTANT offer accommodations or services to the public, such accommodations or services shall be offered by CONSULTANT to the public on fair and reasonable terms.

37. AUTHORITY
Each individual executing this Agreement on behalf of a corporation, nonprofit corporation, partnership or other entity or organization, represents and warrants the he or she is duly authorized to execute and deliver this Agreement on behalf of such entity or organization and that this Agreement is binding upon the same in accordance with its terms. CONSULTANT shall, at ANAHEIM's request, deliver a certified copy of it governing board's resolution or certificate authorizing or evidencing such execution.

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38. EFFECTIVE DATE
This Agreement shall be effective on the date on which this Agreement is executed by ANAHEIM ("Effective Date").
[Remainder of page intentionally left blank; signatures on next page]

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates hereinafter respectively set forth.

DATE OF EXECUTION: CITY OF ANAHEIM
a municipal corporation
By:
“ANAHEIM”
ATTEST:

By: _
City Clerk of Anaheim
DATE OF EXECUTION: Consultant Name, Type of Business., a State corporation
By:

Printed Name:

Title:
“CONSULTANT”
APPROVED AS TO FORM:

ROBERT FABELA, CITY ATTORNEY
By:

Bryn M. Morley
Deputy City Attorney
Dated:

Attachments: Exhibit A

INSTRUCTIONS FOR SPEC PREPARER
REVISED ON 3/5/2025

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DOCUMENT LAYOUT

1. Items are set up as “Numbering” so if one is deleted then the number sequence will change accordingly

2. AM/PM should be a.m./p.m.

Under General Provisions:
• Section and subsection numerical characters are as follows , which follow the numbering and sequence of the 2024 Greenbook:

1. Main Section: X-X ALL CAPS, BOLD, Tab Position Aligned at 0.0, Line Spacing 6pt after Example: 2-5 PLANS AND SPECIFICATIONS.

2. Subsection: X-X.1 Capitalize Each Word, Bold, Tab Position Aligned at 0.0, Line Spacing 0pt after Example: 2-5.1 General.

3. Subsection: X-X.2.1 Capitalize Each Word, Bold, Tab Position Aligned at 0.0, Line Spacing 0pt after Example: 2-5.2.1 Interpretation of Plans and Specifications.

4. List within subsection sequence is as follows: a), 1), (a), (1); Line Spacing 6pt after Example:
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1) Tab position aligned at .75, text indent at 1
(a) Tab position aligned at 1.25, text indent at 1.5
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• Recap on Line Spacing:

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2. 6 font between title of main section and subsection

3. 6 font after title for list (:)

4. 6 font between each item in list, EXCEPT last item is 12 font when starting a new section or subsection. If there are paragraphs after the list, use 6 font between the last item of the list and the paragraph. (Please note between each paragraph remains 12 font)

5. 1 space after a period (.)

CITY OF ANAHEIM
200 S. ANAHEIM BOULEVARD
ANAHEIM, CALIFORNIA, 92805

NOTICE INVITING BIDS, PROPOSAL,

CONTRACT AND SPECIAL PROVISIONS
FOR

(PROVIDE THE PROJECT TITLE CONSISTENT WITH THE PLANS, UNIT NUMBER, RCP

NUMBER, AND ANY OTHER RELATED PROJECT NUMBERS AND UNIT NUMBERS)

_______________________________________________________ _______________________________________________________ _______________________________________________________

INSERT FEDERAL PROJECT NUMBER IF APPLICABLE

THE SPECIAL PROVISIONS CONTAINED HEREIN HAVE BEEN PREPARED UNDER THE DIRECTION OF:

___________________________________ ______________________ (DESIGN ENGINEER), P.E. Registration No. and Stamp
(COMPANY NAME)

1 TABLE OF CONTENTS

Page
SPECIAL PROVISIONS ..................................................................................................................... 3 PART 1 - GENERAL PROVISIONS .................................................................................................. 4 SECTION 1 - GENERAL .................................................................................................................... 4 SECTION 2 – SCOPE OF WORK ...................................................................................................... 9 SECTION 3 – CONTROL OF THE WORK ..................................................................................... 16 SECTION 4 - CONTROL OF MATERIALS ................................................................................... 51 SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITIES ................................................. 53 SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK ............................................. 61 SECTION 7 - MEASUREMENT AND PAYMENT ........................................................................ 79 SECTION 8 – FACILITIES FOR AGENCY PERSONNEL ............................................................ 84 PART 2 - CONSTRUCTION MATERIALS .................................................................................... 85 SECTION 201 - CONCRETE, MORTAR AND RELATED MATERIALS ................................... 85 SECTION 203 - BITUMINOUS MATERIALS ............................................................................... 85 SECTION 208 – PIPE JOINT TYPES AND MATERIALS............................................................. 86 SECTION 214 - TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS ........................................................................................................................................ 86 SECTION 220 - TRAFFIC SIGNING .............................................................................................. 86 PART 3 - CONSTRUCTION METHODS ........................................................................................ 88 SECTION 300 - EARTHWORK ....................................................................................................... 88 SECTION 302 - ROADWAY SURFACING .................................................................................... 89 SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION ............................................. 96 (DELETE IF NOT APPLICABLE TO YOUR PROJECT) ............................................................ 101 SECTION 306 – OPEN TRENCH CONDUIT CONSTRUCTION ............................................... 101 SECTION 314 - TRAFFIC STRIPING, CURB, PAVEMENT MARKINGS, AND PAVEMENT MARKERS ...................................................................................................................................... 101 SECTION 315 – TRAFFIC SIGNING ............................................................................................ 106 PART 4 – EXISTING IMPROVEMENTS ..................................................................................... 108 SECTION 400 – PROTECTION AND RESTORATION .............................................................. 108 SECTION 402 – UTILITIES ........................................................................................................... 109 SECTION 403 – MANHOLE ADJUSTMENT AND RECONSTRUCTION ................................ 110 SECTION 404 – COLD MILLING ................................................................................................. 112 SECTION 405 – MICRO-MILLING .............................................................................................. 114 PART 6 – TEMPORARY TRAFFIC CONTROL .......................................................................... 116 SECTION 600 – ACCESS .............................................................................................................. 116 SECTION 601 – TEMPORARY TRAFFIC CONTROL FOR CONSTRUCTION AND MAINTENANCE WORK ZONES ................................................................................................. 119 2 PART 7 – STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS ........................................ 124 SECTION 700 – MATERIALS ....................................................................................................... 124 SECTION 701 – CONSTRUCTION ............................................................................................... 126 PART 8 – LANDSCAPING AND IRRIGATION .......................................................................... 127

FEDERAL REQUIREMENTS (DELETE IF NO FEDERAL FUNDS ARE USED) FEDERAL-AID CONSTRUCTION PROJECTS FR-1 THRU FR-2
REQUIRED CONTRACT PROVISIONS FR-3 THRU FR-17
LIST OF SUBCONTRACTORS FR-18 THRU FR-20
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION FR-21
NON-COLLUSION AFFIDAVIT FR-22
DEBARMENT AND SUSPENSION CERTIFICATION FR-23
NON-LOBBYING CERTIFICATION FR-24
DISCLOSURE OF LOBBYING ACTIVITIES FR-25

INSTRUCTIONS FOR COMPLETION OF SF-LLL,
DISCLOSURE OF LOBBYING ACTIVITIES FR-26 THRU FR-27
DISADVANTAGED BUSINESS ENTERPRISE (DBE) FR-28 THRU FR-43 PUBLIC CONTRACT CODE FR-44 THRU FR-45
BUY AMERICA REQUIREMENTS RF-46
REQUIRED CALTRANS FEDERAL FORMS/DOCUMENTS RF-47+

APPENDIX
A – CWA LETTER OF ASSENT

B - STANDARD PLANS

B - PERMITS

C - FEDERAL WAGE RATES (DELETE IF NO FEDERAL FUNDS ARE USED) D – ANAHEIM RESORT AREA BLACKOUT DATE CALENDAR

3 SPECIAL PROVISIONS
TO THE
2024 STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION

The City of Anaheim has adopted the 2024 Edition and subsequent Supplements thereto, of the Standard Specifications for Public Works Construction (SSPWC) by Public Works Standards, Inc. as its specification for public works construction projects. All work shall be performed in accordance with the “Standard Specifications for Public Works Construction (SSPWC),” 2024 Edition, and any Supplement thereto, except as modified by these Special Provisions.

These additions, deletions, and amendments modify the specifications in the “Standard Specifications for Public Works Construction,” 2024 Edition, and any Supplement thereto.

These additions, deletions, and amendments shall take precedence in the event of a conflict with any Standard Specifications.

As a convenience, these additions, deletions, and amendments have been arranged in a format that parallels the “Standard Specifications for Public Works Construction,” 2024 Edition, and any Supplement thereto.

The SSPWC set forth above will control the General Provisions and construction methods and materials for the contract, except as amended by other contract documents. The following provisions are intended to supplement the provisions of the SSPWC unless noted otherwise. The section numbers of these provisions coincide with the section numbers of the SSPWC. Only those sections that require additions, deletions, or revisions are included herein.

Copies of the SSPWC are available from:

BNI Publications, Inc.
990 Bark Center Drive, Suite E
Vista, CA 92081
Telephone (888) BNI-BOOK; (888) 264-2665
Website: www.bnibooks.com

4 PART 1 - GENERAL PROVISIONS

SECTION 1 - GENERAL
REVISE as follows:
1-1 GENERAL. ADD the following term:

The word provide shall mean furnish and install.
1-2 TERMS AND DEFINITIONS. MODIFY to include the following:

Acceptance, Final Acceptance – Formal action by the City acknowledging the Work is complete.

Agency – City of Anaheim.

Allowance – An amount established in the Bid by the City for the purpose of reimbursing the Contractor for its actual expenses plus the specified markup for an item of work.

As-Built Plans – As-Built Plans (aka redline drawings or As-Builts) are those prepared by the contractor as they construct the project and upon which it documents the actual locations of the improvements, building components, and changes to the original contract plans. These As-Built Plans are provided to the City Representative at the completion of construction.

Area – It is a portion or subzone within a Neighborhood as determined by the Engineer.

Balancing Change Order – A Change Order limited to the increase or decrease between the Bid quantity and the actual quantity of each Contract Unit Price.

Bid Guaranty - The cash, certified check or Bidder's surety bond accompanying the Bid as a guaranty that the Bidder will enter a Contract with the Agency for the performance of the Work.

Board – REPLACE the definition with the following:

City Council of the City of Anaheim
Calendar Day – The 24-hour day denoted on the calendar.

City – See Agency.

City Representative – The person or engineering/architectural firm City authorizes to represent it during the performance of the Work by the Contractor and until Final Acceptance. The City Representative means the City Representative or his assistants.

Clarification – Verbal or written interpretation of Contract Documents by the City Representative to clarify intent, procedures, materials, or processes with no change in contract sum or time.

Completion of Work Date - Date upon which all items of work are fully complete, inspected and approved excluding all landscape establishment and maintenance.

Contract Documents – REPLACE the definition with the following:

The Contract Documents shall be considered to also include the Instructions to Bidders, Proposal, Bid Bond, the Agreement which is prepared for execution by the City and the Contractor, Plans Specifications and Special Provisions, Contract Bonds, Change Order, Non-Collusion Declaration, Designation of Subcontractors, Equal Opportunity Certificates of Compliance, Community Workforce Agreement (CWA), Insurance Policies and Certificates, State Requirements, Federal Requirements, and any Supplemental Written Agreements or Addenda amending or extending the scope of the work originally contemplated that may be required to complete the work in a substantial and acceptable manner.

Contract Completion Days – The time in Working Days, unless specified in the proposal as calendar days, specified for completion of the Work.

County – The County of Orange.
5 Cost Breakdown – A Schedule of Values that lists the value /cost of every billable item in a Lump Sum item of work.

Driveway Entrance/Driveway Approach/Driveway – These terms are equal and used interchangeably.

Instructions to Bidders – The document describing and specifying the requirements for submission of the Bid, interpretation of the Bids, and award and execution of the Contract.

Engineer – REPLACE the definition with the following:

The City Engineer of the City of Anaheim or his authorized Representative.

Federal - The United States of America national government Field Order – Authorization by City Representative to proceed with Change Order work after completion of negotiations but before the issuance of the Change Order.

Final Completion Date - The Final Completion Date shall mean the date on which all work is completed, including all landscape establishment and maintenance.

Laboratory – The laboratory authorized by the City or the City Representative to test material.

Notice of Completion – A notice filed by the City pursuant to Civil Code Section 8180.

Notice Inviting Bids – A written notice issued by the Agency inviting the submission of Bids for the Contract. Also known as the Invitation to Bidders.

Quality Assurance – Those standards, systems, processes, procedures, and activities exercised by the City and the Engineer to ensure that the Work is constructed by the Contractor in accordance with the Contract Documents.

Quality Control – Those standards, systems processes, procedures, and activities exercised by the Contractor to ensure that the Work is constructed in accordance with the Contract Documents.

Record Drawings - Drawings prepared by the Civil Engineer or Architect of Record. They are usually a compendium of the original drawings, Plan Revisions, and information taken from the Contractor’s As- Built Plans.

Request for Quotation – Contemplated revision of Contract Documents by the City requesting detailed information from the Contractor on impacts to contract sum or contract time.

State Standard Specifications – Standard Specifications issued by the State of California, Department of Transportation, 2018 Edition.

Traffic Control Devices – All signs, signals, markings, and other devices used to regulate, warn, or guide traffic, placed on, over, or adjacent to a street, highway, pedestrian facility, or bikeway, by authority of the Engineer.

Zone – It is an entire Neighborhood as shown on location maps.

1-3. ABBREVIATIONS
1-3.2 Common Usage. MODIFY to ADD the following:

Abbreviation Word or Words
CSMP Construction Site Monitoring Program
DBE Disadvantaged Business Enterprise
DIR Department of Industrial Relations
ESA Environmentally Sensitive Area
6 HMA Hot Mix Asphalt
NOI Notice of Intent
NTP Notice to Proceed
SMARTS Stormwater Multiple Application and Report Tracking System SWMP Storm Water Management Plan
SWRCB State Water Resources Control Board
WPC Water Pollution Control
WPCP Water Pollution Control Program
WDID Waste Discharge Identification Number

DELETE the abbreviation of MUTCD and SUBSTITUTE with the following:

MUTCD California Manual on Uniform Traffic Control Devices

1-3.3 Institutions. MODIFY to ADD the following:

Abbreviation Word or Words
AI The Asphalt Institute
APWA American Public Works Association
AREMA American Railway Engineering and Maintenance of Way Association CRSI Concrete Reinforcing Steel Institute
NFPA National Fire Protection Association
PCA Portland Cement Association
UBC Uniform Building Code, Pacific Coast Building Officials Conference of the International Conference of Building Officials

1-6 BIDDING AND SUBMISSION OF THE BID.
1-6.1 General. ADD the following after the first paragraph:

The Contractor acknowledges, as precedent to submission of its Bid, that it has satisfied itself as to the nature and location of the Work, the general and local conditions, conditions of the Work site, availability of labor, electric power, water and the surface and subsurface materials on the Work site, the type and capability of equipment needed, and all other matters which may in any way effect the Work or the Contract Price. Failure of the Contractor to acquaint itself with all the available information pertaining to existing Work site conditions will not relieve it from responsibility for the difficulties or cost of the Work.

1-6.2 Subcontractor Listing.

ADD the following after the last paragraph:

Contractor shall certify and provide proof that all Subcontractors to be employed under this contract are properly registered with the Department of Industrial Relations as required by California Law.

Documentable proof of proper registration with DESIGNATION OF SUBCONTRACTORS form duly completed are required to be submitted along with the bid proposal forms and failure to comply with this provision may be deemed sufficient to render the Contractor’s bid non-responsive.

1-7 AWARD AND EXECUTION OF THE CONTRACT.
7 1-7.1 General. DELETE in its entirety and SUBSTITUTE with the following.

Award and execution of the Contract shall be as specified in the Instructions to Bidders and the following:

Bid bonds shall be prepared on the City’s Bid Bond form. Failure to use the City’s standard form may result in the Bid being found non-responsive.

The award of the Contract, if awarded, will be made to the lowest responsible, responsive, and qualified Bidder whose Bid Proposal complies with all the prescribed requirements. Such award, if made, will be made within ninety (90) Days after the opening of the Bid Proposals and the Bidder shall hold its Bid Proposal open to the City for said ninety (90) Day period. Until an award is made, the right will be reserved to reject any or all Bids, and to waive technical errors or discrepancies, if to do so is deemed to best serve the interest of the City.

In selecting the lowest responsible, responsive, and qualified Bidder, consideration will be given to the Bidder’s financial standing, its general competency and capacity for the performance of the Work covered by the bid proposal and the size of previous jobs Contracts satisfactorily completed by him, as well as whether he it has breached any terms of Public Works contracts he has entered in the past.

Bidders may be required to present satisfactory evidence that they have been regularly engaged in the business, or are reasonably familiar therewith, and that they are fully prepared with the necessary capital, materials, and equipment machinery to complete the Work to be contracted for, to the satisfaction of the Board. Each Bidder must be prepared to furnish, at the time of opening of the Bids, a certified copy of his its financial statement.

Failure to execute the Contract and file acceptable Bonds, as specified in Section 1-7.2, and insurance certificates, as specified in 5-4, shall be just cause for the annulment of the award and the forfeiture of the Bid Bond. Transfers of contract, or of interest in contracts, are prohibited.

The Contractor shall possess a valid California Contractor’s and other business licenses required by law with respect to the Work to be performed under this Contract prior to the start of construction and shall certify to the City that they are properly licensed.

Upon determination of the lowest responsive and responsible Bidder, the Agency will recommend to the Board award of the Contract to that Bidder. Upon award of the Contract by the Board, the Agency will issue a Notice of Award to the Contractor.

The Contractor shall promptly, and not later than the twenty first (21 st) Day after receipt of the Notice of
Award, deliver to the City the following documents:

a) One (1) notarized original of the Agreement on the City’s form. Evidence must be attached showing that the signatures are of person(s) who have the authority to bind the Contractor to the Agreement.
b) One (1) original of the Labor and Material Bond on the City’s form duly executed by your firm and surety. All signatures must be notarized.
c) One (1) original of the Faithful Performance Bond on the City’s form duly executed by your firm and surety. All signatures must be notarized.
d) One (1) original certificate of insurance (duly executed by insurers) evidencing coverage required by the Contract.
1) An additional insured endorsement (separate forms) to the general liability and automobile liability insurance policy naming the City of Anaheim, its officers, agents, employees, representatives, and volunteers are also required and said endorsement must bear the wet signature of an authorized representative of the insurance company. 8 2) The endorsement must also contain a statement that thirty (30) days' notice must be given to the City of any change or cancellation of the policy. e) Resume of proposed Superintendent to include qualifications and references. f) Preliminary Baseline Construction Schedule pursuant to Section 6-1 as evidence of the Contractor’s ability to accomplish the Work of the project within the required Contract time. g) One copy of the Letter of Assent (Attachment A to the Community Workforce Agreement) signed by the Prime Contractor, if applicable. Letters of Assent by Subcontractors and all others covered by the CWA shall be submitted in accordance with the deadlines prescribed in Section 1-7.4
h) Cost Breakdown (schedule of values) for Contract lump sum bid items, if applicable.

1-7.2 Contract Bonds. ADD the following after the first paragraph:

Bonds shall be duly executed by a solvent surety company that is authorized by the State of California, is listed in the United States Department of the Treasury's Listing of Approved Sureties (Treasury Circular 570) (https://fiscal.treasury.gov/surety-bonds/circular-570.html) and is satisfactory to the Agency.

ADD the following:
1-7.3 Department of Industrial Relations (DIR) Registration. This Project is subject to compliance monitoring and enforcement by the DIR. No Contractor or Subcontractor may be listed on a Bid Proposal for a public works project (submitted on or after March 1, 2015) unless registered with the DIR pursuant to Labor Code section 1725.5 (with limited exceptions from this requirement for Bid purposes only under Labor Code section 1771.1(a)). No Contractor or Subcontractor may be awarded a contract for public work on a public works project registered with the DIR pursuant to Labor Code section 1725.5.

The Contractor shall certify and provide proof that the Subcontractors it lists in its Bid Proposal, and those not required to be listed in the Bid Proposal pursuant to Public Contract Code 4100-4114, but listed as required in 3-3, are currently registered with the DIR. Documented proof shall be submitted with the Proposal. Failure to submit may result in the Contractor’s Bid being found non-responsive.

(WHEN APPLICABLE)
ADD the following:
1-7.4 Community Workforce Agreement. The City has entered into a Community Workforce Agreement (CWA) with the Los Angeles/Orange Counties Building and Construction Trades Council and the Signatory Craft Councils and Local Unions. The CWA is a pre-hire collective bargaining agreement that establishes labor relations procedures. Among other provisions, the CWA addresses:
requirements for craft employment including specific goals for the employment of local hires, work stoppages and lockouts, jurisdictional disputes, and settlement of grievances and disputes.

When a project is deemed covered “Project Work” as defined in the CWA, the awarded Contractor, subcontractors, and all others covered by the CWA, regardless of tier shall agree to be party to and bound by the CWA by signing a Letter of Assent (a form attached to the CWA as Appendix A).

The CWA is incorporated by reference in the Construction Contract and can be accessed on the City’s website at: http://anaheim.net/229/Public-Works

a) Assent by Prime Contractor

An authorized representative of the Prime Contractor shall sign the Letter of Assent evidencing the Prime Contractor's agreement to be party to and bound by the terms and conditions of the CWA for the 9 duration of the work contained in this Contract and submit it to the City not later than the 21st calendar day after receipt of notice of award. The Prime Contractor will be subject to the conditions outlined in the section titled Failure to Deliver by Document Deadline Date in this Special Provision.

b) Assent by Subcontractors and All Others Covered by the CWA

At the time the awarded Prime Contractor enters into a subcontract with any subcontractor of any tier providing for the performance of Project Work, the Prime Contractor shall provide a copy of the CWA to said Subcontractor and shall require the Subcontractor, as a part of accepting the award from the Prime Contractor, to agree in writing in the form of the Letter of Assent to be bound by each and every provision of the CWA prior to the commencement of Project Work. No Prime Contractor or subcontractor shall commence Project Work without executing a Letter of Assent and submitting copies in accordance with the procedures outlined in the CWA.

Subcontractors and all others covered by the CWA shall submit signed Letters of Assent at the earliest of the following: 1) at the mandatory Pre-Job Conference described in Sections 8.4 and 16.1 of the CWA, 2) within 48 hours after the award of the work contained in this Contract to the awarded Contractor, or 3) no later than 48 hours prior to the time the subcontractor desires to gain site access and commence work at the site. Access to the site includes initial mobilization of equipment and materials.

c) Prime Contractor’s CWA Administration Costs

All costs associated with the Prime Contractor’s administration of and compliance with the CWA shall be included in its bid proposal. The bid amount shall be an allowance used by the Prime Contractor for all work associated with fulfilling its obligations to comply with the policies and procedures prescribed in the CWA, including working with the City’s designated CWA Administrator to ensure full compliance with the CWA. No additional compensation will be allowed.

SECTION 2 – SCOPE OF WORK
REVISE as follows:
2-2 PERMITS. DELETE 1st paragraph and SUBSTITUTE with the following:

Prior to the start of any Work the Contractor shall obtain the applicable City permits and arrange for City inspections. The City will issue the permits at no charge to the Contractor. The Contractor and all Subcontractors shall each obtain a City business license and shall be licensed in accordance with State Business and Professions Code. The Contractor and all Subcontractors shall keep current all City business licenses current and shall not lapse over the project duration. The Contractor shall also obtain and pay for all other permits, licenses, inspections, certificates, or authorizations required by any governing body or entity.

The Contractor and Subcontractors acknowledge that the City of Anaheim, per Anaheim Municipal Code Section 3.04.050, does impose upon the businesses, trades, professions, calling, understand it and occupations specified in the code, license taxes in the amounts prescribed in the code. It is unlawful for any person to transact and carry on any business, trade, profession, calling, or occupation without first having procured a license from the City and then complying with all applicable provisions of the code. Contractor license fees shall be as prescribed by the Anaheim Municipal Code Section 3.24.010.

If the Work extends through or into an adjacent city, county, railroad right of way, or Caltrans, the Contractor shall obtain and pay any required fee for a Permit or Rider to the Permit.

The Contractor shall obtain permits from the following Agencies:
10 a)
b)

The Contractor shall obtain all necessary permits for the discharge or disposal of any ground or surface water in accordance with the California Regional Water Quality Control Board Regulations.

(WHEN APPLICABLE)
ADD the following:
2-2.1 Caltrans Encroachment Permit. For Work required within the State of California Department of Transportation (Caltrans) right-of-way, an Encroachment Permit has been obtained by the City and is included herein, unless otherwise specified. By submitting a Bid, the Contractor acknowledges that they have reviewed the Encroachment Permit and have included all costs in their Bid. However, the Contractor shall submit to Caltrans, a signed application requesting a separate Permit (Rider) authorizing the Contractor to perform the Work within the Caltrans right-of-way for the City. The Contractor shall be required to pay any fees for this Permit and any bonds required by Caltrans. Payment for this requirement shall be considered as included in the prices in the Bid items for the appropriate items of Work.

2-3 RIGHT OF WAY. DELETE the 1
st sentence and SUBSTITUTE with the following:

Rights of way, easements, agreements, licenses, or rights of entry (all referred to as right of way) for the Work have been provided by the City. Temporary right -of-way to construct one or more portions of the Work may also have been acquired by the City. The Contractor shall comply with all the terms and obligations related to the physical use of the temporary right of way and its eventual return of the property to the owner.

Work in the public right of way shall be done in accordance with the requirements of the permit issued by the public agency in whose right of way the Work is located in addition to conforming to the Contract Documents. If a permit or traffic control plan is not required, the Work shall conform to the standards set forth in the MUTCD.

The Contractor or his employees shall not use private property water or electricity from such property.

The Contractor shall obtain permits for temporary water or electricity from the City if required.

The Contractor shall comply with all applicable federal, state, and local laws, ordinances, codes and regulations in performing any work or doing any activity on lands outside the public rights of way.

The Contractor, and any Subcontractors, shall limit all construction activity and operations within the City right-of-way. The Contractor shall, prior to conducting Work on any occupied property within the area of the Work , confirm with the Engineer the location of the City’s right -of-way, and the extent of any applicable temporary construction easements, which serve as the permissible bounds of construction activity. No person, or construction activity, shall pass beyond or engage in any construction- related activity outside of the defined temporary construction easements . The Contractor shall monitor its personnel, and the personnel of its Subcontractors, to assure compliance with this provision. The prohibition on construction- related activity beyond the defined City right -of-way and temporary construction easements includes Work for the sidewalk, landscaping and slough walls, etc., and extends to prohibit storage of materials or vehicles, including parking or storage of vehicles of employees, and any utilization of private property for staging, storage, or any other purpose unless the Contractor obtains written permission from the private property owner and provides a copy to the City.

The Contractor shall hold harmless, indemnify, and defend the City, the Engineer and each of their officers, employees, and agents from all claims or suits for damages occasioned by such work or activity, 11 whether done according to this section and with permission from the City or in violation of this section without permission from the City. To the maximum extent permitted by law, all obligations of the Contractor stated in 5-4 shall apply in the case of any such claims or suits.

2-4 COOPERATION AND COLLATERAL WORK. DELETE in its entirety 4 th paragraph and SUBSTITUTE with the following:

Nothing in the Contract shall be interpreted as granting to the Contractor exclusive occupancy of the site of the project. The Contractor must ascertain to his own satisfaction the scope of the project and the nature of any other contracts that have been or may be awarded by the City in the construction of the project, to the end that the Contractor may perform this Contract in the light of such other constraints, if any.

The Contractor shall not cause any unnecessary hindrance or delay to any other contractor working on or adjacent to the project. If the performance of any Contract for the project is likely to be interfered with by the simultaneous performance of some other contract or contracts, the Engineer will decide which contractor shall cease work temporarily and which contractor shall continue or whether the work under the contracts can be coordinated so that the Contractors may proceed simultaneously. On all questions concerning conflicting interest of Contractors performing related work, the decision of the Engineer shall be binding upon the affected Contractors.

The City, the Engineer, the City Representative, and each of their officers, employees, and agents shall not be responsible for any damages suffered or extra costs incurred by the Contractor resulting directly or indirectly from the award of performance or attempted performance of any other contract or contracts on the project or caused by a decision or omission of the Engineer respecting the order of precedence in the performance of the contracts.

If, through acts of neglect on the part of the Contractor, any other contractor or any subcontractor shall suffer loss or damage on the Work, the Contractor agrees to settle with such other contractor or subcontractor by agreement or arbitration, if such other contractor or subcontractor will so settle. If such other contractor or subcontractor shall assert any claim against the City, the Engineer, the City Representative, or their consultants because of any damage alleged to have been so sustained, the City will notify the Contractor. To the maximum extent permitted by law, all obligations of the Contractor stated in 5-4.2 shall apply in the case of the assertion of any such claims or liabilities against the City, the Engineer, the City Representative and each of their officers, employees, and agents against any such claim.

The Contractor shall cooperate with property owners, various utility companies, Subcontractors, and other interested parties within or adjacent to the limits of the work specified herein.

It shall be the responsibility of the Contractor to schedule its work and that of its Subcontractors to produce a smooth flow of work in a competent manner. All Contractors on this project shall cooperate with each other scheduling their work.

ADD the following:
2-4.1 Coordination with Other Owners and Utility Agencies. The Contractor shall be responsible for ascertaining that the coordination of all adjustments of utility structures or facilities to finished grade to be performed by other owners, agencies, and utility purveyors. Utility structures or facilities shall include but not be limited to manhole frame and cover, water valve boxes, vaults, gas valves, and other utility facilities, necessary to be adjusted in a timely manner to maintain the construction schedule (orderly sequence of work and scheduled project completion), optimize efficiency, and not cause delay. Should it become necessary to work simultaneously with other utility agencies, the Contractor shall deploy its work force to other parts of the work while simultaneously accommodating the utility agencies to perform the adjustments.
12 The Contractor shall make good faith effort to contact the following agencies and coordinate schedule of the adjustment of the utilities or facilities (adjustment of utilities and facilities to be performed by the following agencies) and coordinate complet ion of all necessary work involved, prior to City acceptance of this project.

(MODIFY AND UPDATE LIST AS NEEDED FOR YOUR PROJECT)
a) AT&T
Anaheim Office – Michael Baladad
(714) 666-5508
AT&T will perform all work associated with the adjustment of telephone manhole lids to finished grade after the final paving has been completed.

The Contractor shall contact and coordinate two (2) weeks prior to beginning of construction. b) Southern California Gas Company
Anaheim Office – Bryan Schellert
[email protected]
(213) 231-4486
For questions regarding valve casings requiring adjustment to new grade or where additional information is required, contractor shall contact the Gas Company’s Anaheim Office at (714) 634-5067. A minimum of forty-eight (48) hours’ notice is required prior to any adjustment of gas facilities. If a valve casing lid is buried, contact the district immediately. It is Gas Company’s intention to allow contractor to remove any abandoned facilities that may be encountered during construction; all work associated with the adjustment of the gas valve cover to finished grade after Southern California Gas Company will perform final paving. c) OCPW/Operations & Maintenance (OCFCD)
(714) 955-0206
OCPW will performed all work associated with the adjustment of the OCPW (OCFCD) manhole covers to finished grade after the final paving has been completed; the C ontractor shall contact and coordinate two (2) weeks prior to beginning of construction. d) Chater/Spectrum/Time Warner Cable
Jacob Zavala
[email protected]
(949) 504-0550

e) Crown Castle – Michael Moats
[email protected]
(714) 499-1000

f) Verizon/MCI - Kevin Nassar
[email protected]
(949) 622-3506

g) SCE
David Barrett
[email protected]
(626) 862-8781

H) Orange County Sanitation District
13 Adrien Siew
[email protected]
(714) 593-7164

It is the intent of this section to clarify that this is “to communicate the work to other utility agencies and utility owners for the purpose of maintaining schedule and not to be interpreted by the C ontractor that he/she will be performing the actual adjustment”. Should the C ontractor or bidder be in doubt as to the meaning or intent of any part thereof, he/she must contact the City or request for clarifications in writing on PlanetBids prior to the Pre-Bid Question deadline.

Payment for conformance to the requirements of this Section, to coordinate Adjustment of Utility Structures or Facilities to Grade (Adjustment of Utility Structures or Facilities to be Performed by Utility Owner, including unforeseen adjustments to be perf ormed by other agencies, that will require the Contractor to communicate and coordinate with other utility agencies, as directed by the City, shall be deemed to be included in the various items of work (unless specifically specified under a separate bid item). No additional compensation will be allowed therefore.

2-5 THE CONTRACTOR’S EQUIPMENT AND FACILITIES.
2-5.1 General. MODIFY to ADD the following:

Only equipment and plants suitable to produce the quality of work and materials required will be permitted to operate on the project. Such equipment and plants shall be maintained in a good state of repair during the process of the Work. No obsolete or badly worn equipment and plants shall be used. The manufacturer’s ratings shall not be exceeded.

Plants shall be designed and constructed in accordance with general practice for such equipment and shall be of sufficient capacity to ensure a production rate of sufficient material to carry to completion within the time limit(s) specified in the Contract Documents, if any.

The Contractor’s trucks shall have the company name or logo and all vehicles and equipment shall be in good condition and appearance.

The Contractor, when requested by the Engineer, shall remove unsuitable equipment from the work site and discontinue the operation of unsatisfactory plants and equipment.

2-5.2 Temporary Utility Services. MODIFY to ADD the following:

The Contractor shall be responsible to provide all of their utility needs as part of the various items of work.

The Contractor shall obtain water service/meter application and permit as required by the City of Anaheim- Public Utilities. Water service and meter application can be obtained at the 6th floor, 201 S. Anaheim Blvd., Anaheim, CA 92805. Application must be filed within a week after award of this contract. Allow a minimum of two weeks for the City of Anaheim-Public Utilities to process applications prior to meter installation. The permit fee is waived by the City for water service and meter installation only. The Contractor shall contact Water Engineering at (714) 765-5196 or [email protected] for additional information.

The Contractor shall be responsible for payment of all billings for water and electrical service for the planting and maintenance of the landscaping of the various areas shown on the plans until such time as the City accepts the Landscaping and Irrigation Systems.

2-6 CHANGES REQUESTED BY THE CONTRACTOR. ADD the following after the 1 st paragraph:

The Contractor may initiate changes by submitting a written Change Order Request to the Engineer containing:
a) Description of the proposed changes.
14 b) Statement of the reason for making the changes.
c) Reference applicable specifications sections and specific plans in support of the request. d) Statement of the effect on the Contract Price and Contract time. e) Statement on the effect on the work of separate subcontractors. f) Documentation supporting any change in Contract Price or Contract time as appropriate.

No change shall be made to the Plans and Specifications, except as directed by the Engineer in writing.

2-7 CHANGES INITIATED BY THE AGENCY.
2-7.1 General. DELETE the 1st paragraph and SUBSTITUTE with the following:

The Agency may change the Plans, Specifications, character of the work, or quantity of work under the Contract.

ADD the following:
2-7.2 Balancing Change Order. Throughout the duration of the Contract, the Contractor shall perform field measurements and associated calculations documenting the quantity of each Contract Unit Price Bid item. The Contractor shall submit the documentation to the Engineer each month pr ior to the date for request of the progress payment. The Engineer will independently measure and calculate the quantities .

In the case of a difference in the quantities, the quantity calculated by the Engineer shall prevail . Upon completion of the Work per 3- 13.1, the Contractor and the Engineer shall meet to discuss the final quantities of each Contract Unit Price Bid item. If the quantity of each item cannot be agreed upon, the quantity determined by the Engineer shall prevail.

After determination of the final quantities, the Agency will issue a Balancing Change Order for the difference between the Bid quantity and final quantity of each Contract Unit Price Bid item constructed in accordance with the Contract Documents and the associated adjustment in the Contract Price per 7-3.5.

2-10 DISPUTED WORK. DELETE the 2
nd sentence and SUBSTITUTE with the following:

Payment shall be as later determined by 7-3, 7-4, if the Agency and Contractor agree thereto, or as fixed in a court of law.

Any claims submitted by the Contractor against the Agency for Work covered by this Contract in the amount of $375,000 or less shall be subject to the procedures specified in Public Contract Code § 20104, et seq.

ADD the following:
2-11 RESOLUTION OF CONSTRUCTION CLAIMS. Contractor claims are subject to the procedures specified in Public Contract Code § 9204.

2-11.1 Claims Submission and Documentation. The Contractor may submit a claim concerning a matter properly noticed
in accordance with the requirements of this Contract.
·
The Contractor shall furnish all claim documentation as specified herein no later than thirty (30) Calendar Days after the event or situation causing the claim has been overcome. Failure by the Contractor to furnish the required claim documentation within the time set forth above shall constitute a waiver of the Contractor's right to compensation for such claim.

The Contractor shall furnish three (3) certified copies of the required claim documentation. The claim documentation shall be complete when furnished. The evaluation of the Contractor's claim will be based upon City of Anaheim project records and the Contractor's furnished claim documentation. 15 Claim documentation shall conform to Generally Accepted Accounting Principles and shall be in the following format: a) General Introduction
b) General Background Discussion
c) Index of Issues (listed numerically). For each issue 1) Background
2) Chronology
3) Contractor's position (reason for City's potential liability) 4) Supporting documentation of merit or entitlement
5) Supporting documentation of damages
6) Begin each issue on a new page.
d) All critical path method schedules , both as-planned, monthly updates , schedule revisions, and as-built along with the digital copies of all schedules related to the claim. e) Productivity exhibits (if appropriate)
f) Summary of Issues and Damages

Supporting documentation of merit for each issue shall be cited by reference, photocopies, or explanation. Supporting documentation may include, but shall not be limited to, general conditions; general requirements; technical specifications; drawings; correspondence; conference notes; shop drawings and submittals; shop drawing logs; survey books; inspection reports; delivery schedules; test reports; daily reports; subcontracts; fragmentary CPM schedules or time impact analyses; photographs; technical reports; requests for information; field instructions; and all other related records necessary to support the Contractor's claim.

Supporting documentation of damages for each issue shall be cited, photocopied, or explained.

Supporting documentation may include, but shall not be limited to, any or all documents related to the preparation and
submission of the bid; certified, detailed labor records including labor distribution reports; material and equipment procurement records; construction equipment ownership cost records or rental records; subcontractor or vendor files and cost records; service cost records; purchase orders; invoices; project as-planned and as-built cost records; general ledger records; variance reports; accounting adjustment records; and any other accounting materials necessary to support the Contractor's claim.

Each copy of the claim documentation shall be certified by a responsible officer of the Contractor in accordance with the requirements of these Special Provisions.

Should the Contractor be unable to support any part of the claim and it is determined that such inability is attributable to falsity of such certification or misrepresentation of fact or fraud on the part of the Contractor, the Contractor shall be liable to the Owner as provided for under California Government Code Section 12650 et. seq.

ADD the following:
2-12 MEETINGS. The Contractor shall attend and participate in all meetings scheduled by, or at the request of the Engineer. These include, but are not limited to, a regularly scheduled weekly on-site meeting for the purposes of the management of the construction and Work site operations. The Contractor shall make available those resources, reports and records necessary to effect timely and p roductive management meetings.

16 SECTION 3 – CONTROL OF THE WORK
REVISE as follows:
3-1 ASSIGNMENT. REVISE to include the following:

The performance of the Contract may not be assigned, except upon the written consent of the City.

Consent will not be given to any proposed assignment that would relieve the original Contractor or its Surety of their responsibilities under the Contract, nor will the City consent to any assignment of any part of the Work under the Contract.

Assignment of this Contract shall contain a provision that the funds to be paid to the assignee under the assignment are subject to a prior lien for services rendered or materials supplied for performance of the work called for under the Contract in favor of all persons, firms, or corporations rendering such services or supplying such materials.

3-2 SELF PERFORMANCE. ADD the following:
(INSERT THE FOLLOWING IF FEDERALLY FUNDED PROJECTS)
The self-performance percentage is not affected by the Federal Aid requirement specified under “Required Contract Provisions Federal Aid Construction Contracts” of these Special Provisions that the Contractor perform not less than thirty (30) percent of the original contract work with the Contractor’s own organization.

(INSERT THE FOLLOWING TO DESIGNATE SPECIALTY ITEMS IF ANY) The following work will be considered "Specialty Items":
a) Item 1
b) Item 2
c) Item 3
d) Item 4
e) Item 5

3-3 SUBCONTRACTORS. REVISE to ADD the following:

Before the work of any Subcontractor is started, the Contractor shall submit to the Engineer for approval a written statement showing the work to be subcontracted giving the name and business of each Subcontractor and description and value of each portion of the work to be so subcontracted.”

The Contractor shall certify and provide proof that all Subcontractors to be employed under this contract are properly registered with the Department of Industrial Relations as required by California Law.

Documentable proof of proper registration with designation of S ubcontractors form duly completed are required to be submitted along with the bid proposal forms, and failure to comply with this provision may be deemed sufficient to render the Contractor’s bid non-responsive.

The Contractor shall not employ or otherwise use any Subcontractor, supplier, or equipment vendor at any tier that is on the City’s debarment list, the Department of Industrial Relations debarment list, or on the US General Services Administration “List of Parties Excluded from Federal Procurement and Non- Procurement Programs.”

(DELETE THE FOLLOWING IF FEDERAL FUNDS ARE NOT USED)
Each subcontract and any lower tier subcontract that may in turn be made shall physically include the “Required Contract Provisions Federal-Aid Construction Contracts” of these Special Provisions.

3-4 AUTHORITY OF THE BOARD AND THE ENGINEER. REVISE to ADD the following:
17 No change shall be made to the approved Plans and Specifications, except as directed by the Engineer, in writing.

3-5 INSPECTION. DELETE in its entirety and SUBSTITUTE with the following:

Inspection of the Work will be conducted by a City Representative and will include monitoring and enforcing compliance of materials, equipment, installations, workmanship, methods and requirements of the Contract Documents.

The City Representative shall, always , have safe access to the Work during construction and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship, and character of materials and equipment used and employed in the Work.

Whenever the Contractor varies the work hours in which inspection is required, the Contractor shall give at least two (2) Working Days written notice to the City Representative.

All installations which are to be backfilled or otherwise covered will be inspected by the City Representative prior to backfilling or covering. The Contractor shall give the City Representative a minimum of two (2) days advance notice prior to backfilling or covering any part of the Work.

Work or materials concealed or performed without the prior notice specified above, will be subject to such tests or exposure as may be necessary to prove to the satisfaction of the Engineer, that all materials used, and the Work is in strict conformity with the Contract Documents. All labor and equipment necessary for exposing and testing shall be furnished and paid for by the Contractor. The Contractor shall replace, without additional cost to the City, any materials or Work damaged by exposure or testing.

Defective Work shall be made good at the Contractor's expense including any unsuitable materials and equipment that may have been previously inspected by the City Representative, and/or that payment therefore has been included in an estimate for payment.

Inspection of the Work shall not relieve the Contractor of the obligation to fulfill all requirements of the Contract.

All submittals and correspondence between the City and the Contractor, related to inspection of the Work of this Contract, shall be directed to the Engineer.

City material inspection and workmanship inspection is solely for the benefit of the City. The Contractor is responsible for providing all materials and workmanship in conformance with the Contract Documents.

Upon request, the Contractor shall provide the City with copies of their Quality Control procedures and results of the inspections they have performed. If the Contractor requires inspection to ensure conformance of the material and workmanship and meet the contract documents this inspection is at their cost. The City will provide Quality Assurance as the City sees fit and will notify the C ontractor of any deficiencies observed as soon as practical. Quality Control of all materials and workmanship including Contractor provided inspection services shall be included in the various items of W ork and therefore no additional compensation shall be provided.

If there is a dispute with rejected materials or work the C ontractor shall submit their Quality Control procedures, reports, results, and testing activities to prove the work or material does conform to the Contract requirements. Failure by the Contractor to have or follow their Quality Control procedures shall be grounds for rejection of the materials or work related to the rejected materials.

ADD the following:
18 3-5.1 Inspection Requirements. The Contractor shall notify the City Representative a minimum of two (2) Working Days before inspection is required.

a) Unless specified elsewhere in the Special Provisions, inspection of the Work will be provided by the City between the hours of (CHANGE HOURS OF WORK TO SUIT YOUR PROJECT, NIGHT WORK, WEEKEND WORK, ETC.) 8: 30 a.m. and 3:30 p.m., Monday through Friday, exclusive of City holidays. The Contractor at the prevailing rate of 11/2 times the regular hourly wage rate, and overhead costs shall pay for any inspections requested by or made necessary because of the actions of the Contractor beyond the hours stated above.

The Contractor shall submit a request to the Engineer for approval, a minimum of five (5) Working Days, in advance of inspections requested by or made necessary as a result of the actions of the Contractor on Saturdays, Sundays or City and Federal holidays. The Contractor shall pay for these inspections at the prevailing rate of 1-1/2 times for Saturdays and two (2) times the regular hourly wage rate for Sundays or City and/or Federal holidays plus associated overhead costs.

For purposes of this section, the following holidays are observed by the City:

DATE EVENT
January 1 New Year’s Day
Third Monday in January Martin Luther King’s Birthday
Third Monday in February President’s Day
Last Monday in May Memorial Day
July 4 Independence Day
First Monday in September Labor Day
November 11 Veteran’s Day
Fourth Thursday in November Thanksgiving Day
Fourth Friday in November Day after Thanksgiving
December 25 Christmas Day

b) The Contractor shall telephone the designated City Representative at least two (2) Working Days prior to starting construction or resuming construction following suspension of the Work for any reason.

Prior to commencing any work on the Contract, the Contractor shall submit a completed Inspection Overtime Permit form provided by the City of Anaheim.

ADD the following:
3-5.2 Overtime Inspection Costs . The Contractor is hereby notified that he/she is responsible for all overtime inspection costs incurred by the City for all Work performed at the discretion of the Contractor outside working hours in 3-5.1.

The Contractor will be notified in writing of all overtime inspection costs incurred by the City.

Payment for overtime inspection costs will be withheld from progress payments to the Contractor if not paid when invoiced.

ADD the following:
3-5.3 Re-Inspections
19 Should status of completion of Work require re-inspection(s) by the City due to failure of the Contractor to comply with the City's claims on the initial inspection, the City may deduct the cost for re-inspection services from the final payment to the Contractor. Observed deficiencies more than ten (10) will be reason for re-inspection.

Inspections initiated at the request of the City will not be subject to the provisions of this Subsection.

3-6 THE CONTRACTOR’S REPRESENTATIVE. DELETE in its entirety and SUBSTITUTE with the following:

Before starting the Work, the Contractor shall designate in writing, a representative who shall have complete authority to act for it. The Contractor shall file with the Engineer the addresses and telephone numbers where he or his representative may be reached during hours when the Work is not in progress, so that twenty-four (24) hour, seven (7) day a week contact can be maintained. An alternative representative may be designated as well. Said authorized representative shall be always present at the site of the Work while Work is in progress for the Contract. When Work is not in progress and during periods when Work is suspended, arrangements acceptable to the City Representative shall be made for any emergency work, which may be required.

Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and an alternate . In the absence of the Contractor or its authorized representative, instructions or directions may be given by the Engineer to the superintendent, foreman or person in charge of the specific work to which the order applies. Such an order shall be complied with promptly and referred to the Contractor or its representative.

The failure of the designated representative to faithfully prosecute the Work, including, but not limited to, failure to adhere to the Contractor's construction schedule, shall be deemed grounds for removal of the representative from the Work per 5-3.1.

The City reserves the right to approve the Contractor's Superintendent. Once approved, the Superintendent shall remain on the project for the duration of the project so long as he is in the employment of the Contractor.

In order to communicate with the Agency, the Contractor’s representative, superintendent, or person in charge of specific work shall be able to speak, read, and write the English language.

ADD the following:
3-6.1 Contractor’s Personnel. No personnel shall be employed on any work under these specifications that are found to be incompetent, disorderly, troublesome, intemperate, or otherwise objectionable. Any employee who fails or refuses to perform the work properly and acceptably, as determined by the City’s Representative, shall be immediately removed from work on the City contract.

All personnel shall wear all required personal protective equipment, including, but not limited to:
reflective safety vests and other required safety gear when working on the project site and/or within the public right of way.

The Contractor shall have the ability to contact their field crews within thirty (30) minutes of notification by the City during normal working hours.

The Contractor shall respond to an emergency no later than two (2) hours after notification. If Contractor does not respond to the emergency within 2 hours, the City can exercise outside crews and be reimbursed by the Contractor for all costs incurred.

20 3-7 CONTRACT DOCUMENTS.
3-7.1 General. REVISE to include the following:

If, in the opinion of the Contractor, the Work to be done or any matter relative thereto is not sufficiently detailed or explained in the Plans or Specifications, the Contractor shall apply to the Engineer for such further explanation as may be necessary and shall conform to such explanation or interpre tation as part of the Contract.

In the event of any discrepancy between any scaled dimensions on the Plans and the figures written thereon, the figures shall be taken as correct.

If a discrepancy or inconsistency is discovered in the Plans, Specifications or Contract Documents for the Work in relation to any such law, ordinance, regulation, order or decree, the Contractor shall forthwith report the same to the Engineer in writing, otherwise the provisions of 3-7.2 shall govern.

3-7.2 Precedence of the Contract Documents. DELETE in its entirety and SUBSTITUTE with the following:

The precedence of the Contract Documents shall be as follows:
a) All applicable laws, ordinances, codes, and permits issued by jurisdictional regulatory agencies. b) Change Orders; whichever occurs last.
c) Contract /Agreement.
d) Addenda.
e) Bid / Proposal.
f) Special Provisions.
g) Construction Plans.
h) City of Anaheim Standard Details.
i) Instructions to Bidders.
j) Invitation to Bidders, Notice Inviting Bids, Request for Bids, Request For Work Order Proposals k) Standard Plans for Public Works Construction 2024 edition and supplements thereto. l) Standard Specifications for Public Works Construction (SSPWC) 2024 edition and supplements thereto.
m) Reference Specifications.

Detail drawings shall take precedence over general drawings.

ADD the following:
3-7.3 As-Built Plans. Prior to the start of the Work, the Contractor shall identify and maintain for the Engineer a complete set of As-Built Plans and Specifications on the Work site at all times. Final locations determined in the field per Section 5-9.2, and any deviations from the Plans and Specifications, shall be marked in red to show the as-built conditions. The Contractor shall update this set daily, showing every change from the original, as-advertised set, including exact as-built locations, sizes and types of underground piping, valves, equipment, and all other work or obstructions not visible at surface grade.

The As-Built Plans shall graphically show all as-built conditions, locations, configurations, and other details which vary from the details shown on the originals including all revisions made necessary by Addenda, Change Orders, and to meet field conditions.

21 In the case of details shown on the Plans which are superseded by approved Working Drawings or Shop Drawings, the As-Built Plans shall be updated by noting or graphically showing how those details are superseded.

Prior to submitting each monthly progress payment request, the Contractor shall request the City Representative’s approval of the current As-Built Plans. The City Representative’s approval will be a prerequisite to approval of requests for each progress and final invoice payment. If the As-Built Plans are not forwarded to the City Representative twenty-one (21) days prior to submitting the final invoice for review and acceptance, the retention will continue to be withheld from the final invoice.

The Contractor shall submit the final As-Built Plans to the Engineer per 3-14.

3-8 SUBMITTALS.
3-8.1 General. REVISE to include the following:

The review period is twenty (20) Working Days for each submittal or resubmittal.

In providing a letter of transmittal for each specified submittal, the Contractor shall certify that they are complete in all respects, and all materials, equipment, and other work shown thereon conforms to the Contract Documents.

A separate letter of transmittal shall be used for each specific item or class of materials or equipment for which a submittal is required. Submittals transmitted by facsimile will not be accepted.

The City will return any submittal sent without a transmittal letter, with an incomplete form, or sent by facsimile.

The Contractor shall assign a unique sequential number to each submittal package, which shall be clearly written in the space provided on the transmittal letter. This number shall be used in all correspondence to the City when referencing a particular submittal. The Contractor shall be responsible for ensuring the same submittal number is not assigned to different submittal packages.

Resubmittals shall incorporate the original submittal number followed by the revision number (i.e., the first resubmittal of submittal #1 is numbered 1R1, the second 1R2, etc.). The City will return improperly numbered submittals without review. The Contractor shall indicate on the transmittal letter that either no exceptions to the Contract Documents are taken, or deviations are submitted. All deviations indicated shall be listed on the transmittal letter and the Contractor shall be solely responsible for any omitted deviations. Approval by the City of any submittal does not extend to deviations that are not identified on the transmittal. If any deviations are omitted, the City will return the submittal and the engineering data without review for resubmittal. Any consequences from the resulting delay shall be fully borne by the Contractor.

The Engineer’s review of the Contractor’s submittals will cover only general conformity to the Contract Documents. The Engineer’s acceptance of drawings returned marked NO EXCEPTION TAKEN or RESUBMITTAL NOT REQUIRED (CORRECTIONS ARE NOTED) shall not constitute a blanket approval of dimensions, qualities, and details of the materials, equipment, device, or item shown, and does not relieve the Contractor from any responsibility for errors, omission, or deviations from conforming to the Contract Documents. The City reserves the right to reject any previously accepted equipment, material, and/or construction method that deviates from the Contract Documents. When the drawings and data are returned marked CORRECT AND RESUBMIT, the corrections shall be made as noted thereon and as instructed by the Engineer, resubmittal shall be made in the same manner as the original submittal.
22 If the Engineer rejects the submittals, the Contractor is responsible for any subsequent time delays at no additional compensation from the City. Subject to these requirements, drawings and data, after final processing by the Engineer, shall become a part of the Contract Documents, and the work shown or described thereby shall be performed in conformity therewith unless otherwise required by the Engineer.

In the event of conflict between accepted submittals and the other Contract Documents, the most stringent requirements shall apply unless the City has agreed in writing to less stringent requirements in response to a deviation listed on a submittal letter of transmittal.

No portion of the Work requiring a submittal shall be commenced until the submittal has been reviewed by the Engineer and returned to the Contractor with a notation indicating that resubmittal is not required.

The review by the Engineer is only of general conformance with the design concept of the project, and general compliance with the Contract Documents and shall not be construed as relieving the Contractor of these full responsibilities for providing materials, equipment, and work required by the Contract; the proper fitting and construction of the Work; the accuracy and completeness of the submittals; selecting fabrication processes and techniques of construction; and performing the Work in a safe manner.

3-8.2 Working Drawings. DELETE the last paragraph and SUBSTITUTE with the following:

Working Drawings listed above as Items 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, and 14 shall be prepared by a Civil or Structural Engineer registered in the State of California.

ADD the following:
3-8.7 Pre-Construction Submittals. The Contractor shall submit the following within twenty one (21) days after receipt of the Notice of Award:
a) Permits to be obtained by the Contractor per 2-2.
b) List of all Subcontractors per 3-3.
c) Submittal Schedule per 3-8.8.
d) Contract information signs shop drawing per 3-11
e) WPCP per 3-12.6 (INCLUDE ONLY IF BMPS ARE REQUIRED)
f) SWPPP per 3-12.6.3. (INCLUDE ONLY IF A SWPPP IS REQUIRED) g) Shoring Plan per 5-7.2.2 and 306-4.
h) Baseline Construction CPM Schedule per 6-1.1.
i) Detailed schedule for the Lump Sum Bid item(s) specified in 7-2. j) Contractor's Emergency Contact List
k) Traffic Control Plan (TCP) per 601-2
l) Equipment List
m) Equipment Staging Plan
n) USA DigAlert Ticket Notification per 402-1.1
o) Not limited to long lead Equipment and Materials required to be ordered per the City of Anaheim Traffic Engineering Specifications for Traffic Signal and Safety Lighting Facilities and the Intelligent Transportation System (ITS) Special Provisions.

ADD the following:
23 3-8.8 Submittals Schedule. The Contractor shall prepare a schedule listing the submittals it has identified as being required and the date upon which each submittal will be made. Each submittal shall be identified on the baseline construction schedule and each update as an individual activity. The Agency review time frame specified in 3-8.1 shall be reflected on the submittal schedule and shown as an individual activity.

3-10 SURVEYING.
3-10.1 General. DELETE in its entirety and SUBSTITUTE with the following:

When monuments exist that control the location of subdivisions, tracts, boundaries, roads, streets, or highways, or provide horizontal or vertical survey control and may be destroyed during construction improvement or maintenance projects, the monuments are legally required to be perpetuated, as defined in Section 8771(b) of the Professional Land Surveyors Act. The monuments perpetuated shall be according to the requirements set forth in the Professional Land Surveyors Act, the Board Rules, and any other applicable law.

It is the Contractor’s responsibility prior to the start of any construction activity to contact the City Surveyor at (714) 765-4648 to coordinate the perpetuation of any existing monument that may be disturbed. The Contactor shall contact the City Surveyor a minimum of (2) Two Working Days before any monument is disturbed. If the Contractor fails to notify the City Surveyor resulting in the disturbance of a monument, the City will re-establish the position of the monument pursuant to the Professional Land Surveyors Act and the Contractor will be charged $10,000.00 per monument. The cost thereof will be deducted from monies due or to become due the Contractor.

ADD the following:
3-10.3 Survey Service. The City of Anaheim Survey Section is responsible for providing construction surveys to establish “control stakes”, also known as “grade stakes,” for line and grade as shown on the approved Plans, for project construction. From these “control stakes” the contractor provides and sets, when needed, supplemental “working stakes”. The City’s basic policy regarding City of Anaheim Survey Section‐furnished construction survey is to provide the necessary control stakes and information to establish the lines and grades as shown on the approved Plans required for the completion of the Work.

The Contractor shall submit a survey request to the City Surveyor a minimum of two (2) Working Days in advance of any required staking. The Contractor shall provide a clear and safe area as required by the City Surveyor, including any required traffic control required to provide sufficient access for all requested offsets. The City’s Surveyor, or designated representative, will be solely responsible for determining the limits required for any traffic control implementation. The Contractor’s failure to provide a sufficiently safe work zone will result in the City Surveyor canceling the survey request. If a survey request is canceled due to an unsafe work zone, the Contractor shall be required to submit a new survey request and abide by the minimum two (2) Working Days’ notice for any required staking. The Contractor shall submit suitable requests for City-furnished “control stakes”, ensuring that the requested staking area is ready for stakes and that the stakes will begin to be used within five (5) days of staking.

The Contractor shall make reasonable efforts to preserve construction survey stakes and marks for the duration of their usefulness. Any re-staking caused solely by the actions/inactions of the Contractor shall be at the expense of the Contractor. Upon completion of staking by City surveyors, the Contractor shall ensure complete understanding of the survey stakes provided. Working stakes used by the Contractor when performing the Work are the Contractor’s responsibility and are to be set by the Contractor’s forces from City-furnished “control stakes”.

Costs for re-staking “control stakes” required by the City Surveyor, lost time from the Contractor’s failure to provide an accessible site, or the Contractor’s misinterpretation of survey data will be charged to the 24 Contractor; and the Contract Sum will be adjusted by Change Order. Additionally, costs associated with cancellations of scheduled survey services within one (1) Working Day or the Contractor’s failure to meet the City Surveyor or designated representative the scheduled time will be charged to the Contractor accordingly as determined by the City.

3-11 CONSTRUCTION INFORMATION SIGNS. DELETE in its entirety and SUBSTITUTE with the following:

At a minimum of seven (7) Days prior to the start of construction, the Contractor shall furnish and install two (2) information signs, one (1) at each end of the project. The Contractor shall have and can use a total of four (4) signs to work on two street projects simultaneously, or as otherwise directed . As a minimum, the information on the signs shall include the following:
a) Project name and limits
b) Start and completion season for construction
c) Mayor and City Council Member for the District
d) Specific funding information and Department logos
e) Information phone number (714) 765-5079 or 311
The layout of the construction information sign shall be in accordance with the City Standard Detail 175 included in the Special Provisions. Each sign shall be constructed on two wooden signposts in accordance with Caltrans Standard Plans RS1 and RS2. The Contractor shall submit to the Engineer for approval a shop drawing of the proposed information signs in accordance with Section 3-8.1. The shop drawing shall include, at a minimum, the proposed signboard size, material, and color, letter sizes and colors, and the proposed locations where the signs will be installed.

(INSERT THE FOLLOWING IF FEDERALLY FUNDED PROJECTS AND ADD THE STATE AND

FEDERAL SIGN TEMPLATE)
For State and Federally funded projects, the layout of the Project Information Signs shall be in accordance with California MUTCD Latest edition, not per Section 3-11 described above. Where the California MUTCD does not specify material, sign height, proposed locations and other relevant information, notes from City Standard Detail 175 shall be used.

Payment will be made at the contract unit price bid per Each (EA) sign furnished and installed shall include all work including maintenance, graffiti removal, and removal from the site. No additional compensation will be allowed therefore.

3-12 WORK SITE MAINTENANCE.
3-12.1 General. REVISE to include the following:

Materials and equipment shall be removed from the site as soon as they are no longer necessary. Before the final inspection, the site shall be cleared of equipment, unused materials, rubbish, and all markings placed by the Contractor, the City, Survey, Underground Service Alert (USA), or other agent(s)’ markings necessary for the performance of various items of work. These markings shall include, but not limited to paint, stakes, and metal tags.

Before the final inspection, the site shall also be cleared of all detour traffic signs and equipment, including all detour signs posted or attached to power poles, street light structures, utility poles or structures, etc., all inclusive of the project. All detour traffic signs installed and posted by others and are not a part of the contracted work shall remain and shall be protected in place.

DELETE 2
nd paragraph in its entirety and SUBSTITUTE with the following:
25 The Contractor shall furnish and operate a motorized street sweeper equipped with brooms, vacuum suction, and a functional water spray system over paved areas within the Work site, along paved haul routes, as directed by the field inspector, and at the end of each Working Day. The Contractor shall also sweep the sidewalks either manually or with a motorized sweeper. If, in the opinion of the Engineer, this effort does not result in satisfactorily clean streets and sidewalks, then the Contractor shall take whatever other measures are necessary to keep the streets and sidewalks clean. The cost of all clean up shall be included in the price bid for the various items of Work and no additional payment will be made for the cleanup measures. If the Contractor fails to perform the work above specified, the City may perform that work and the cost thereof will be deducted from monies due or to become due the Contractor.

Before the final inspection, the Contractor shall:
a) Clear the Work site of equipment, unused materials, rubbish, and all markings placed by the Contractor, the City, Underground Service Alert (USA), or other agent(s) markings necessary for the performance of the Work. These markings shall include, but not limited to paint, stakes, and metal tags.
b) The Work site shall also be cleared of all detour traffic signs and equipment, including all detour signs posted or attached to power poles, street light structures, utility poles or structures, etc., all inclusive of the project. All detour traffic signs installed and posted by others.

Payment for Worksite Maintenance, Cleanup, Marking Removal and Dust Control shall be considered as included in the Contract Unit Price for the various Bid items.

3-12.2 Air Pollution Control.

ADD the following:
3-12.2.1 Smog Control. All Contractor’s equipment shall meet the requirements of the State of California, and all local requirements including the South Coast Air Quality Management District. In addition, extreme precautions shall be exercised by the Contractor to minimize the escaping of smoke into the air by either the machine or the burning of the pavement during the heater -planning process, if the smoke problem becomes excessive, it may be necessary to add an additional blower system to reduce the problem.

No additional compensation will be made for any necessary steps required to reduce the smoke.

3-12.3 Noise Control. DELETE the 1st sentence and SUBSTITUTE with the following:

The Contractor shall comply with the City Municipal Code on noise and noise control during their Work.

All engine powered construction equipment shall be equipped with a muffler in good working order. All additional measures required to mitigate noise such as sound blankets and noise barriers shall be included in the cost of various bid items and no additional compensation shall be provided.

3-12.4 Storage of Equipment and Materials.
3-12.4.1 General. REVISE to include the following:

No storage in the public Right of Way shall be permitted. The Contractor shall obtain a construction yard at their cost to store all equipment and materials. Provide a copy of the construction yard agreement on private property to the Engineer. The construction yard shall be included in the bid price for various items of work and no additional compensation or time shall be provided for any equipment or material storage or logistical issue.

3-12.4.2 Storage in Public Streets. DELETE the first paragraph and SUBSTITUTE with the following:

No equipment or material storage will be allowed within the project area during non-working hours for the duration of construction. Unused equipment or material (including the displaced material) shall be removed and stored offsite (in a fenced and screened area) daily.

26 Payment for conformance to the requirements of this section shall be deemed to be included in the price bid for the various items of work. No additional compensation will be allowed therefore.

ADD the following:
3-12.4.3 Construction Cleaning. The Contractor shall:
a) Initiate and maintain a daily program to prevent accumulation of debris on-site and along access roads and haul routes. Maintain areas under Contractor's control free of waste materials, debris, weeds 6” high, and rubbish. Maintain site in a clean and orderly condition. b) Provide suitable covered containers for depositing debris and rubbish. Dispose of accumulation of extraneous materials, prohibit overloading of trucks to prevent spillages on access and haul routes and provide daily inspection of haul routes to enforce requirements. c) The Contractor shall supply self-loading motorized street sweepers equipped with a functional water spray system and functional vacuum suction system as part of his daily program. d) Schedule at a minimum, weekly collection, and disposal of debris from Contractor’s construction yard. Provide additional collections and disposals of debris whenever the weekly schedule is inadequate to prevent accumulation.

The Contractor shall remove debris from closed or remote spaces prior to closing the space, control cleaning operations to minimize dust and other particulates and immediately remove clay and earth which adhere to the paved surface of the roadway. Remove by hand scraping, washing, sweeping, and/or other method(s) which will leave a clean non-skid surface without impairing, injuring, or loosening the surface.

The Contractor shall be aware that the City of Anaheim has entered into franchise agreements with waste management companies and all construction debris removal shall conform to the existing agreements the City has. The Contractor shall either self-perform debris hauling or shall hire a company in conformance with the existing franchise agreements. Currently Republic Services has an exclusive franchise and can be reached at (800) 700-8610.

The Contractor shall remove waste materials, debris, vegetation, other rubbish, and non-recyclable materials as required by the Contract Documents and dispose of off-site in an approved disposal site or recycling center.

Unless otherwise specified in the Special Provisions, all concrete, asphalt, aggregate or sand base material, cement block, trees, shrubs, bushes, and all other recyclable material generated during cleaning, demolition, clearing and grubbing or other phases of the work is to be disposed of at appropriate recycling centers. The Contractor shall be responsible for removing reinforcing steel, wood, or other deleterious materials as required by the recycling center for acceptance of recycled materials. The Contractor shall supply proof of disposal at a recycling center. The proof of disposal shall include verification of tonnage by certified weigh masters’ tickets. If weigh masters tickets are not feasible, the Contractor and City Representative shall estimate the tonnage prior to disposal at the recycling centers.

The Contractor is required to control dust throughout the life of the Contract. Control may be required by job conditions or City Representative. In any case, the Contractor shall use water or other means to control the dust. No chemical agents may be used without written authorization from the City. The Contractor shall be solely responsible for safety problems, accidents or any other complications or claims arising from inadequate dust control.

No separate payment will be made for any work performed or material used to control dust resulting from the Contractor's performance of the Work inside or outside the right of way. Full compensation for such dust control will be considered as included in the price paid for the various items of work involved. 27 No separate payment will be made for any work performed or material used in cleaning the project. Full compensation for such cleaning shall be considered as included in the price paid for the various items of work involved and no additional compensation will be allowed therefor.

If the Contractor fails to perform Construction Cleaning under this section, the City may perform the work and deduct the amount from the Contractor’s invoice for the City’s actual cost.

ADD the following:
3-12.4.4 Material Management.
3-12.4.4.1 General. The Contractor shall prevent the discharge of material into the air, storm drain systems, sewer system, ground infiltration and receiving waters while taking delivery of, using, or storing the following materials:
a) Hazardous chemicals, including acids, lime, glues, adhesives, paints, solvents, and curing compounds b) Soil stabilizers and binders
c) Fertilizers
d) Detergents
e) Plaster
f) Petroleum materials, including fuel, oil, and grease g) Asphalt and concrete components
h) Pesticides and herbicides.

The Contractor’s employees trained in emergency spill cleanup procedures must be present during the unloading of hazardous materials or chemicals. The Contractor shall use the least hazardous materials practicable.

The following activities must be performed at least one hundred (100) feet from concentrated flows of stormwater, drainage courses, and inlets if within the floodplain and at least fifty ( 50) feet if outside the floodplain, unless otherwise authorized:
a) Stockpiling materials
b) Storing pile-driving equipment, drilling equipment and liquid waste containers c) Washing vehicles and equipment in outside areas
d) Fueling and maintaining vehicles and equipment

3-12.4.4.2 Material Storage. If materials are stored by the Contractor, they shall:
a) Store liquids, petroleum materials, and substances listed in 40 CFR 110, 117, and 302 and place them in secondary containment facilities as specified by USDOT for storage of hazardous materials. b) Ensure that secondary containment facilities are impervious to the materials stored there for a minimum contact time of seventy-two (72) hours.
c) Cover secondary containment facilities during nonworking days and whenever precipitation is forecasted. Secondary containment facilities must be adequately ventilated. d) Keep secondary containment facilities free of accumulated rainwater or spills. After precipitation, or in the event of spills or leaks, collect accumulated liquid and place it into drums within twenty four (24) hours. Handle the liquid as hazardous waste in accordance with existing law. 28 e) Not store incompatible materials, such as chlorine and ammonia, in the same secondary containment facility.
f) Store materials in their original containers with the original material labels maintained in legible condition. Immediately replace damaged or illegible labels. g) Ensure that secondary containment facilities have the capacity to contain precipitation from a 24- hour-long, 25-year storm, plus 10 percent of the aggregate volume of all containers or the entire volume of the largest container within the facility, whichever is greater. h) Store bagged or boxed material on pallets. Protect bagged or boxed material from wind and rain during nonworking days and whenever precipitation is forecasted. i) Provide sufficient separation between stored containers to allow for spill cleanup or emergency response access. Storage areas must be kept clean, well -organized, and equipped with cleanup supplies appropriate for the materials being stored.
j) Repair or replace perimeter controls, containment structures, covers, and liners as necessary. Inspect storage areas before and after precipitation and at least weekly during other times.

3-12.4.4.3 Stockpile Management. The Contractor shall minimize stockpiling of materials at the job site and implement water pollution control practices within 72 hours of stockpiling material or before a forecasted storm event, whichever occurs first. If stockpiles are being used, do not allow soil, sediment, or other debris to enter storm drains, open drainages, and watercourses.

Active and inactive soil stockpiles must be:
a) Covered with soil stabilization material or a temporary cover b) Surrounded with a linear sediment barrier
Stockpiles of asphalt concrete and PCC rubble, HMA, aggregate base, or aggregate subbase must be:
a) Covered with a temporary cover
b) Surrounded with a linear sediment barrier
Stockpiles of pressure-treated wood must be:
a) Placed on pallets
b) Covered with impermeable material
Stockpiles of cold mix asphalt concrete must be:
a) Placed on an impervious surface
b) Covered with an impermeable material
c) Protected from stormwater run-on and runoff
The Contractor shall control wind erosion year-round.

The Contractor shall repair or replace linear sediment barriers and covers as needed to keep them functioning properly. Whenever sediment accumulates to 1/3 of the linear sediment barrier height, remove the accumulated sediment.

3-12.4.4.4 Waste Management.
a) Paint Waste. The Contractor shall clean water-based and oil-based paint from brushes or equipment within a contained area in a way that does not contaminate soil, receiving waters, or storm drain systems. Handle and dispose of the following as hazardous waste: paints, thinners, 29 solvents, residues, and sludge that cannot be recycled or reused. When thoroughly dry, dispose of the following as solid waste under dry latex paint, paint cans, used brushes, rags, absorbent materials, and drop cloths.
b) Concrete Waste. The Contractor shall use practices to prevent the discharge of asphalt concrete, PCC, and HMA waste into storm drain systems and receiving waters. The Contractor shall collect and dispose of asphalt concrete, PCC, and HMA waste at locations where:
1) Concrete material, including grout, is used.
2) Concrete dust and debris result from demolition.
3) Saw cutting, coring, grinding, grooving, or hydro-concrete demolition creates a residue or slurry.
4) Concrete trucks or other concrete-coated equipment is cleaned at the job site. c) Sanitary and Septic Waste. The Contractor shall not bury or discharge wastewater from a sanitary or septic system anywhere at the site of Work. A sanitary facility discharging into a sanitary sewer system must be properly connected and free from leaks. The Contractor shall place a portable sanitary facility at least 50 feet away from storm drains, receiving waters, and flow lines. The Contractor shall comply with local health agency provisions if using an on-site disposal system. d) Liquid Waste. The Contractor shall use practices that will prevent job-site liquid waste from entering storm drain systems and receiving waters. Liquid wastes include the following:
1) Drilling slurries or fluids
2) Grease-free and oil-free wastewater and rinse water
3) Dredgings, including liquid waste from cleaning drainage systems 4) Liquid waste running off a surface, including wash or rinse water 5) Other non-stormwater liquids not covered by separate permits.

The Contractor shall hold liquid waste in structurally sound, leak-proof containers, such as roll-off bins or portable tanks. Liquid waste containers must be of sufficient quantity and volume to prevent overflow, spills, and leaks.

The Contractor shall store containers at least 50 feet from moving vehicles and equipment.

The Contractor shall remove and dispose of deposited solids from sediment traps in accordance with 3-12 of the Standard Specifications and these Special Provisions. Liquid waste may require testing to determine hazardous material content before disposal.

The Contractor shall dispose of drilling fluids and residue.

If an authorized location is available within the job site, fluids and residue exempt under 23 CA Code of Regs § 2511(g) may be dried by evaporation in a leak-proof container. The Contractor shall dispose of the remaining solid waste in accordance with 3-12 of the Standard Specifications and these Special Provisions.
e) Non-Stormwater Management.

Water Control and Conservation. The Contractor shall manage water used for work activities in a way that will prevent erosion and the discharge of pollutants into storm drain systems and receiving 30 waters. Obtain authorization before washing anything at the job site with water that could discharge into a storm drain system or receiving waters. Report discharges immediately.

The Contractor shall implement water conservation practices if water is used at the job site. Inspect irrigation areas. Adjust watering schedules to prevent erosion, excess watering, or runoff. Shut off the water source to broken lines, sprinklers, or valves and repair breaks within 24 hours. Reuse water from waterline flushing for landscape irrigation if practicable. Sweep and vacuum paved areas. Do not flush paved areas with water to clean them.

The Contractor shall direct runoff water, including water from water line repair, from the job site to areas where it can infiltrate into the ground. Do not allow runoff water to enter storm drain systems and receiving waters. Do not allow spilled water to escape filling areas for water trucks. Direct water from off-site sources around the job site if practicable. Minimize the contact of off-site water with job site water. f) Illicit Connection and Illegal Discharge Detection and Reporting. Before starting work, the Contractor shall inspect the job site and the job site's perimeter for evidence of illicit connections, illegal discharges, and dumping. After starting work, inspect the job site and perimeter on a daily schedule for illicit connections and illegal dumping and discharges.

Whenever illegal connections, discharges, or dumping are discovered, The Contractor shall notify the Engineer immediately, should take no further action unless ordered and assume that unlabeled or unidentifiable material is hazardous.

The Contractor shall look for the following evidence of illicit connections, illegal discharges, and dumping:
1) Debris or trash piles
2) Staining or discoloration on pavement or soils
3) Pungent odors coming from drainage systems
4) Discoloration or oily sheen on water
5) Stains and residue in ditches, channels, or drain boxes 6) Abnormal water flow during dry weather
7) Excessive sediment deposits
8) Nonstandard drainage junction structures
9) Broken concrete or other disturbances at or near junction structures.

g) Vehicle and Equipment Cleaning.

The Contractor shall limit vehicle and equipment cleaning or washing at the job site except for what is necessary to control vehicle tracking or hazardous waste.

The Contractor shall notify the Engineer before cleaning vehicles and equipment at the job site with soap, solvents, or steam and contain and recycle or dispose of resulting waste under 5-7.4. The Contractor shall not use diesel to clean vehicles or equipment and minimize the use of solvents.

The Contractor shall clean or wash vehicles and equipment in a structure equipped with disposal facilities. The Contractor may wash vehicles in an outside area if the area is:
1) Paved with asphalt concrete, HMA, or PCC
2) Surrounded by a containment berm
3) Equipped with a sump to collect and dispose of wash water. 31 The Contractor shall use as little water as practicable whenever washing vehicles and equipment with water and hoses used must be equipped with a positive shutoff valve.

The Contractor shall discharge liquid from wash racks to a recycling system or to another authorized system. Remove liquids and sediment as necessary.

h) Vehicle and Equipment Fueling and Maintenance. If practicable, the Contractor shall perform maintenance on vehicles and equipment off-site.

If fueling or maintenance must be performed at the job site, the Contractor shall assign a site or sites, and obtain authorization before using them. The Contractor shall minimize mobile fueling and maintenance activities. The Contractor’s fueling and maintenance activities must be performed on level ground covered with an impervious material approved in the WPCP in areas protected from stormwater run-on and runoff.

The Contractor shall use containment berms or dikes around fueling and maintenance areas. Keep adequate quantities of absorbent spill-cleanup material and spill kits in the fueling or maintenance area and on fueling trucks. The Contractor shall dispose of spill-cleanup material and kits immediately after use and use drip pans or absorbent pads during fueling or maintenance.

The Contractor shall not leave fueling or maintenance areas unattended during fueling and maintenance activities. The Contractor’s fueling nozzles must be equipped with an automatic shutoff control. The Contractor shall use equipment with vapor-recovery fueling nozzles where required by the Air Quality Management District, secure nozzles in an upright position when not in use and shall not top off fuel tanks.

The Contractor shall recycle or properly dispose of used batteries and tires.

If leaks cannot be repaired immediately, the Contractor shall remove the vehicle or equipment from the job site.

i) Material and Equipment Used Over Water. The Contractor shall place drip pans and absorbent pads under vehicles and equipment used over water, keep an adequate supply of spill-cleanup material with vehicles and equipment, place drip pans or plastic sheeting under vehicles and equipment on docks, barges, or other surfaces over water whenever vehicles or equipment will be idle for more than one (1) hour.

The Contractor shall furnish watertight curbs or toe boards on barges, platforms, docks, or other surfaces over water to contain material, debris, and tools and shall secure material to prevent spills or discharge into the water due to wind.

The Contractor shall report discharges to receiving waters immediately upon discovery and shall submit a discharge notification.

j) Structure Removal Over or Adjacent to Water. The Contractor shall not allow demolished material to enter storm drain systems and receiving waters, use authorized covers and platforms to collect debris, use attachments on equipment to catch debris during small demolition activities and empty debris-catching devices daily and dispose of debris in accordance with 3-12 of the Standard Specifications and these Special Provisions.

k) Paving, Sealing, Saw Cutting, Grooving, and Grinding Activities. The Contractor shall prevent material from entering storm drain systems and receiving waters including:
32 1) Cementitious material
2) Asphaltic material
3) Aggregate or screenings
4) Saw cutting, grooving, and grinding residue
5) Pavement chunks
6) Shoulder backing
7) Methacrylate
8) Sandblasting residue.

The Contractor shall cover drainage inlets and use linear sediment barriers to protect downhill receiving waters until paving, sealing, saw cutting, grooving, and grinding activities are completed, and excess material has been removed and cover drainage inlets and manholes during the application of seal coat, tack coat, slurry seal, or fog seal.

Whenever precipitation is forecasted, the Contractor shall limit paving, saw cutting, and grinding to places where runoff can be captured.

The Contractor shall not start seal coat, tack coat, slurry seal, or fog seal activities whenever precipitation is forecasted during the application and curing period and shall not excavate material from existing roadways during precipitation.

The Contractor shall use a vacuum to remove slurry immediately after slurry is produced and shall not allow the slurry to run onto lanes open to traffic or off the pavement.

The Contractor shall collect the residue from PCC grooving and grinding activities with a vacuum attachment on the grinding machine. The Contractor shall not leave the residue on the pavement or allow the residue to flow across pavement.

The Contractor shall not coat asphalt trucks and equipment with substances that contain soap, foaming agents, or toxic chemicals.

The Contractor shall park paving equipment over drip pans or plastic sheeting with absorbent material to catch drips if the paving equipment is not in use.

l) Thermoplastic Striping and Pavement Markers.

The Contractor shall not preheat, transfer, or
load thermoplastic within 50 feet of drainage inlets and receiving waters.

The Contractor shall not unload, transfer, or load bituminous material for pavement markers within 50 feet of drainage inlets and receiving waters.

The Contractor shall collect and dispose of bituminous material from the roadway after removing markers.

m) Pile Driving. The Contractor shall 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; protect pile driving equipment by parking on plywood and covering with plastic whenever precipitation is forecasted.

The Contractor shall store pile driving equipment on level ground and protect it from stormwater run-on when not in use. Use vegetable oil instead of hydraulic fluid if practicable. 33 n) Concrete Curing. The Contractor shall not overspray chemical curing compounds and shall not allow runoff of curing compounds.

The Contractor shall minimize the drift by spraying as close to the concrete as practicable, cover drainage inlets before applying the curing compound, and minimize the use and discharge of water by using wet blankets or similar methods to maintain moisture when concrete is curing. o) Concrete Finishing. The Contractor shall collect and dispose of water and solid waste from high- pressure water blasting, collect and dispose of sand and solid waste from sandblasting. Before sandblasting, the Contractor shall cover drainage inlets within 50 feet of sandblasting and shall minimize the drift of dust and blast material by keeping the nozzle close to the surface of the concrete. If the character of the blast residue is unknown, the Contractor shall test it for hazardous materials and dispose of it properly.

The Contractor shall inspect containment structures for concrete finishing for damage before each day of use and before forecasted precipitation and remove liquid and solid waste from containment structures after each work shift.

p) Sweeping. The Contractor shall sweep paved roads in conformance with 3-12.4.3 at construction entrance and exit locations and paved areas within the job site:
1) During clearing and grubbing activities
2) During earthwork activities
3) During trenching activities
4) During pavement structure activities
5) When vehicles are entering and leaving the job site
6) After soil-disturbing activities
7) After observing off-site tracking of material
8) As deemed necessary by the Engineer
The Contractor shall monitor paved areas and roadways within the project and sweep within:
1) 1 hour whenever sediment or debris is observed during activities that require sweeping. 2) by the end of the workday whenever sediment or debris is observed during activities that do not require sweeping.

The Contractor shall remove collected material, including sediment, from paved shoulders, drain inlets, curbs and dikes, and other drainage areas, may stockpile collected material at the job site, and shall dispose of collected material at least once per week if stockpiled.

The Contractor shall keep dust to a minimum during street sweeping activities and use water and vacuum.

The Contractor shall remove and dispose of trash collected during sweeping.

3-12.5 Sanitary Sewers.
3-12.5.1 General. REVISE to include the following:
34 Full compensation for all work associated with maintaining sewage flow shall be made at the contract lump sum bid price (LS) and shall include full compensation for conforming to the requirements of these specifications and federal , state and local requirements , including but not limited to , all labor, tools, equipment, materials, incidentals, maintaining existing sewer flows, sewer bypass plans and submittals, sewer bypass system, including standby equipment, outside agency or other coordination, acquiring all permits, all excavations, backfill, compaction, temporary and permanent repairs and restoration of all impacts from said bypassing.

3-12.5.2 Sewage Bypass and Pumping Plan REVISE to include the following:

The Contractor shall insure that a backup power generator with the same capacity as the primary generator shall be on site during all bypass pumping utilizing a generator. Lay flat hose or aluminum piping shall not be utilized in a location that in the sole judgement of the Engineer could affect pedestrian or vehicular traffic.

Bypass pumping that remains in place during non-working hours shall have an onsite person to monitor the operation and ensure that no spills or pump failure for any reason occurs. The Engineer may consider other proposals to monitor on site bypass pumping during non-working hours. The Contractor shall assume for bidding purposes that bypass pumping flow volumes shall be 8-inch pipe.

3-12.5.3 Spill Prevention and Emergency Response Plan. REVISE to include the following:

The Contractor shall keep material or waste storage areas clean, well-organized, and equipped with enough cleanup supplies for the material being stored.

The Contractor shall implement spill and leak prevention procedures for chemicals and hazardous substances stored on the job site. Whenever the Contractor spills or leaks chemicals or hazardous substances at the job site, he is responsible for all associated cleanup costs and related liability.

The Contractor shall report minor, semi significant, and significant or hazardous spills to the WPC manager and the WPC manager must notify the Engineer immediately.

As soon as it is safe, the Contractor shall contain and clean up spills of petroleum materials and sanitary and septic waste substances listed under 40 CFR, parts 110, 117, and 302.

a) Minor Spills. Minor spills consist of quantities of oil, gasoline, paint, or other materials that are small enough to be controlled by a first responder upon discovery of the spill.

The Contractor shall clean up
a minor spill using the following procedures:
1) Contain the spread of the spill
2) Recover the spilled material using absorption
3) Clean the contaminated area
4) Dispose of the contaminated material and absorbents promptly and properly.

b) Semi Significant Spills. Semi significant spills consist of s pills that can be controlled by a first responder with help from other personnel. The Contractor shall clean up a semi significant spill immediately using the following procedures:
1) Contain the spread of the spill.
2) On paved or impervious surfaces, encircle and recover the spilled material with absorbent materials. Do not allow the spill to spread widely.
3) If the spill occurs on soil, contain the spill by constructing an earthen dike and dig up the contaminated soil for disposal.
35 4) If the spill occurs during precipitation, cover the spill with 10-mil plastic sheeting or other material to prevent contamination of runoff.
5) Dispose of the contaminated material promptly and properly.

c) Significant or Hazardous Spills. Significant or hazardous spills consist of s pills that cannot be controlled by job site personnel. The Contractor shall immediately notify qualified personnel of a significant or hazardous spill and take the following steps:
1) Do not attempt to clean up the spill until qualified personnel have arrived. 2) Notify the Engineer and follow up with a report.
3) Obtain the immediate services of a spill contractor or hazardous material team. 4) Notify local emergency response teams by dialing 911 and county officials by using the emergency phone numbers retained at the job site.
5) Notify the California Emergency Management Agency State Warning Center at 916 -845- 8911.
6) Notify the National Response Center at (800) 424-8802 regarding spills of Federal reportable quantities under 40 CFR 110, 119, and 302.
7) Notify other agencies as appropriate, including:
(a) Fire Department
(b) Public Works Department
(c) Coast Guard
(d) Highway Patrol
(e) City Police or County Sheriff's Department
(f) Department of Toxic Substances
(g) California Division of Oil and Gas
(h) Cal/OSHA
(i) Regional Water Resources Control Board.

The Contractor shall prevent a spill from entering stormwater runoff before and during cleanup activities and shall not bury or wash the spill with water.

ADD
3-12.6 Water Pollution Control. ADD the following:
3-12.6.1 General.

Summary
The Contractor shall prepare an Erosion and Sediment Plan (E&S Plan) for projects where soil disturbance from work activities will be less than one (1) acre). Required work includes developing and implementing the WPCP, providing a WPC manager, conducting water pollution control training, and monitoring, inspecting and correcting water pollution control practices.

The E&S Plan shall be developed by a QSD.

Submittals
Within seven (7) days after Contract approval:
36 a) The Contractor shall submit two (2) copies of his E&S Plan for review. The Engineer provides comments and specifies the date when the review stopped if revisions are required. b) The Contractor shall resubmit a revised E&S Plan within seven (7) days of receiving the Engineer's comments. The City's review resumes when the complete E&S Plan has been resubmitted.
c) When the Engineer authorizes the E&S Plan, the Contractor shall submit an electronic copy and three (3) printed copies of the authorized E&S Plan.
d) If the RWQCB requires review of the authorized E&S Plan, the Engineer submits the authorized E&S Plan to the RWQCB for its review and comment.
e) If the Engineer orders changes to the E&S Plan based on the RWQCB's comments, the Contractor shall amend the E&S Plan within 3 business days.

The E&S Plan must utilize the applicable plan sheets of the Design Plans to identify activities and operations that may cause generation or discharge of pollutants from the site and clearly identify the appropriate and applicable construction phase BMPs to adequately control, or address said activity and associated pollutants. The E&S Plan shall utilize the Orange County Construction Runoff Guidance Manual to assist in identifying applicable construction activities and the associated BMPs. The E&S Plan Shall:
a) Show the location of disturbed soil areas, water bodies, and water conveyances b) Describe the work involved in the installation, maintenance, repair, and removal of temporary water pollution control practices
c) Show the locations and types of water pollution control practices that will be used for:
1) Stormwater and non-stormwater in areas outside the job site but related to work activities, including:
(a) Staging areas
(b) Storage yards
(c) Access roads
2) Activities or mobile activities related to all NPDES permits 3) Contractor-support facilities
d) Show the locations and types of temporary water pollution control practices that will be used in the work for each construction phase
e) Show the locations and types of water pollution control practices that will be installed permanently under the Contract
f) Include a schedule showing when:
1) Work activities will be performed that could cause the discharge of pollutants into stormwater
2) Water pollution control practices associated with each construction phase will be implemented
3) Soil stabilization and sediment control practices for disturbed soil areas will be implemented
g) Include a copy of any permits obtained by the City, including Fish & Wildlife permits, US Army Corps of Engineers permits, RWQCB 401 certifications, aerially deposited lead variance from 37 the Department of Toxic Substance Control, aerially deposited lead variance notification, and RWQCB waste discharge requirements for aerially deposited lead reuse.

The Contractor shall amend the E&S Plan whenever:
a) Changes in work activities could affect the discharge of pollutants b) Water pollution control practices are added by Change Order work c) Water pollution control practices are added at the Contractor’s discretion d) Changes in the quantity of disturbed soil are substantial e) Objectives for reducing or eliminating pollutants in stormwater discharges have not been achieved
f) Project receives a written notice or order from the RWQCB or any other regulatory agency.

The Contractor shall allow the same review time for amendments to the E&S Plan as for the original E&S Plan.

3-12.6.1.1 Construction. The Contractor shall manage work activities in a way that reduces the discharge of pollutants to surface waters, groundwater, and separate municipal storm sewer systems.

The Contractor shall monitor and inspect water pollution control practices at the job site.

The Contractor shall notify the Engineer within six (6) hours whenever any of the following occurs:
a) The Contractor identifies discharges into receiving waters or drainage systems that are causing or could cause water pollution
b) The Contractor receives a written notice or order for the project from the RWQCB or any other regulatory agency.

The Contractor shall continue E&S Plan implementation during any suspension of work activities.

The Contractor is responsible for delays and must pay all costs associated with submitting a SWPPP due to his actions that result in one of the following:
a) One (1) or more acres of soil disturbance on projects without an Erosivity Waiver b) More than five (5) acres of soil disturbance on projects with an Erosivity Waiver c) Failure to comply with the schedule for soil disturbing activities for projects with an Erosivity Waiver if the delays void the Erosivity Waiver

3-12.6.1.2 Payment. Payment for EROSION AND SEDIMENT CONTROL PLAN shall be per the Lump Sum (LS) price bid and shall include full compensation for furnishing all labor, materials, tools, equipment to perform all the work involved in 3-12.6, including preparing and modifying a E&S Plan, permitting fees, City filing and processing, furnishing, installing, maintaining and removing BMPs, monitoring and reporting, and all incidentals for doing all the work involved as described herein or as otherwise required by the permit process, and shall be included in the contract lump sum price in the bid.

No additional compensation shall be allowed therefor.

Payment will be issued by the City as follows:

a) 25% - upon WPCP approval.
b) 25% - upon installation of project BMPs
38 c) 50% - to be paid monthly as a percentage of the total working days expended for monitoring, maintenance, testing, reporting and all other requirements as outlined in these Special Provisions.

(INSERT THE FOLLOWING SUBSECTION IF SWPPP IS REQUIRED FOR PROJECTS WHERE SOIL DISTURBANCE FROM WORK ACTIVITIES WILL BE ONE (1) OR MORE ACRES) 3-12.6.3 Storm Water Pollution Prevention Plan (SWPPP). DELETE in its entirety and SUBSTITUTE with the following:
3-12.6.3.1 General.

Summary
The Contractor shall prepare a storm water pollution prevention plan that includes developing and implementing the SWPPP, providing a QSP certified WPC manager, conducting water pollution control training, and monitoring, inspecting, and correcting water pollution control practices.

The Contractor shall provide all documents to the SMARTS System for City review and acceptance.

The Contractor may assign a QSD other than the WPC manager to develop the SWPPP.

Construction activities will be conducted in a manner to protect channels, storm drains, and bodies of water from pollution. Water pollution control work shall consist of activities necessary to meet the requirements of the General Construction NPDES Permit (found at:
https://www.waterboards.ca.gov/water_issues/programs/stormwater/construction.html) the Approved SWPPP as well as the current Orange County MS4 permit, as well as the Orange County Stormwater Program Construction Runoff Guidance Manual (found at: https://ocerws.ocpublicworks.com/service- areas/oc-environmental-resources/oc-watersheds/unincorporated-countywide-compliance/best ). The Contractor shall coordinate water pollution control work with all other work done on the Contract.

The Contractor shall comply with all requirements of the above-mentioned permits, including visual monitoring, sample collection and analysis, training qualifications and certification requirements, risk determination, preparation and implementation of a Storm Water Pollution Prevention Plan (SWPPP).

The Contractor shall make the accepted SWPPP available at the construction site during working hours while construction is occurring and shall be made available upon request by a State or City Representative. When the original SWPPP is retained by a crewmember in a construction vehicle and is not currently at the construction site, current copies of the BMPs and map/drawing will be left with the field crew and the original SWPPP shall be made available via a request by radio/telephone.

Implementation of the SWPPP shall not reduce effectiveness of existing storm drain system or interfere with traffic on public streets. The Contractor shall implement the SWPPP, make changes both to the SWPPP, and in the field as conditions warrant it. The Contractor shall be solely responsible for preventing any pollutants from leaving the project site.

In addition to the Notice of Intent, the Contractor is required to notify the Engineer prior to the beginning of construction and upon project completion.

The Contractor shall notify the City Representative immediately upon request from any regulatory agency to enter, inspect, sample, monitor, or otherwise access the project site or the Contractor’s records pertaining to storm water pollution control work. The Contractor shall provide copies of correspondence, notices of violation, enforcement actions, or fines proposed by regulatory agencies to the Engineer.

39 During each progress payment period the Contractor fails to conform to the provisions in this section, “Water Pollution Control,” or fails to implement the water pollution control practices shown on the accepted SWPPP and specified elsewhere in these special provisions, the City will withhold 25 percent of the progress payment.

Progress payment withholdings for failure to perform water pollution control work will be in addition to all other withholdings provided for in the contract. The City will return performance-failure withholdings in the progress payment following the correction for noncompliance.

Contractor will also be responsible for any enforcement actions and penalties enacted on the City by the State Water Resources Control Board, Regional Water Quality Control Board, and/or any other agency due to Contractor’s non-compliance with applicable water pollution regulations. Progress payments and/or final payments may be withheld to cover enforcement liabilities that include, but are not limited to, maximum financial penalties, legal costs, staff costs, and economic savings from violations and/or costs associated with corrective actions as required by enforcing agency.

Whenever a qualifying rain event produces runoff for a risk level 2 or risk level 3 project, sampling and analysis work must comply with the project's CSMP.

A storm water annual report must cover the preceding period from July 1st to June 30th.

Submittals
Submittals shall conform to 3-8 of the Standard Specifications and the Special Provisions.

The General Construction Permit changes periodically, some of the requirements below may change as well. Any additional requirements or changed requirements are the Contractors responsibility to ensure their work is consistent with the current version of the regulations and associated requirements. The current permit requirements supersede the listed items below.

Within twenty-one (21) days of Contract approval:
a) The Contractor shall submit three (3) printed copies of his SWPPP for review. Allow twenty (20) days for the City's review. The Engineer provides comments and specifies the date when the review stopped if revisions are required.
b) The Contractor shall change and resubmit a revised SWPPP within fifteen (15) days of receiving the Engineer's comments. The City's review resumes when a complete SWPPP has been resubmitted.
c) When the Engineer authorizes the SWPPP, submit an electronic copy in Portable Document Format (PDF) or Microsoft Word (DOC) format and four (4) printed copies of the authorized SWPPP.
d) If the RWQCB requires review of the authorized SWPPP, the Engineer submits the authorized SWPPP to the RWQCB for its review and comment.
e) If the Engineer requests changes to the SWPPP based on the RWQCB's comments, the Contractor shall amend the SWPPP within 10 days.

The SWPPP must comply with the Caltrans’ Storm Water Pollution Prevention Plan (SWPPP) and Water Pollution Control Plan (WPCP) Preparation Manual and shall include the following:
a) Description of the work involved in the installation, maintenance, repair, and removal of temporary and permanent water pollution control practices. b) Maps showing:
40 1) Locations of disturbed soil areas
2) Water bodies and conveyances
3) Locations and types of water pollution control practices that will be used for each Contractor-support facility:
4) Locations and types of temporary water pollution control practices that will be used in the work for each construction phase
5) Locations and types of water pollution control practices that will be installed permanently under the Contract
6) Pollutant sampling locations
7) Locations planned for storage and use of potential nonvisible pollutants 8) Receiving water sampling locations
c) CSMP
d) Copy of permits obtained by the City, including Fish & Game permits, US Army Corps of Engineers permits, RWQCB 401 certifications, aerially deposited lead variance from the Department of Toxic Substance Control, aerially deposited lead variance notification, and RWQCB waste discharge requirements for aerially deposited lead reuse.

The Contractor shall include the following items in the SWPPP as applicable:
a) For all projects:
1) Schedule
2) CSMP
b) For risk level 2 projects add:
1) Adherence to effluent standards for NALs
2) REAP
c) For risk level 3 projects add:
1) Adherence to effluent standards for NALs and NELs
2) REAP
The SWPPP schedule must show when:
a) Work activities will be performed that could cause the discharge of pollutants into stormwater b) Water pollution control practices associated with each construction phase will be implemented c) Soil stabilization and sediment control practices for disturbed soil areas will be implemented The Contractor shall amend and resubmit the SWPPP:
a) Annually before July 15th
b) Whenever:
1) Changes in work activities could affect the discharge of pollutants 2) Water pollution control practices are added by Change Order work 3) Water pollution control practices are added at the Contractor’s discretion 4) Changes in the quantity of disturbed soil are substantial 41 5) Objectives for reducing or eliminating pollutants in stormwater discharges have not been achieved
6) The Contractor receive a written notice of a permit violation for the project from the RWQCB or any other regulatory agency
The Contractor shall allow the same review time for amendments to the SWPPP as for the original SWPPP.

Construction Site Monitoring Program
A QSD must prepare the CSMP. The Contractor shall change the program to reflect current job site activities as needed. The CSMP must include the following as applicable:
a) For all projects:
1) Visual monitoring procedures
2) SAP for nonvisible pollutants
3) SAP for non-stormwater discharges
4) SAP for monitoring required by RWQCB
b) For risk level 2 projects add:
1) SAP for pH and turbidity
c) For risk level 3 projects add:
1) SAP for pH and turbidity
2) SAP for temporary active treatment systems

Sampling and Analysis Plan
The SAP must comply with the Caltrans’ Construction Site Monitoring Program (CSMP) Guidance Manual.

The Contractor shall describe the following water quality sampling procedures in the SAP:
a) Sampling equipment
b) Sample preparation
c) Collection
d) Field measurement methods
e) Analytical methods
f) Quality assurance and quality control
g) Sample preservation and labeling
h) Collection documentation
i) Sample shipping
j) Chain of custody
k) Data management and reporting
l) Precautions from the construction site health and safety plan m) Laboratory selection and certifications
42 The SAP must identify the State-certified laboratory, sample containers, preservation requirements, holding times, and analytical method. For a list of State-certified laboratories go to the California Department of Public Health website.

The Contractor shall include procedures for sample collection during precipitation.

The Contractor shall list conditions when the Contractor’s personnel will not be required to physically collect samples such as:
a) Dangerous weather
b) Flooding or electrical storms
c) Times outside of normal working hours
The Contractor shall amend the SAP whenever discharges or sampling locations change because of changed work activities or knowledge of site conditions.

The Contractor shall include procedures for collecting and analyzing at least 3 samples for each day of each qualifying rain event for a risk level 2 or risk level 3 project and shall describe the collection of effluent samples at all locations where the stormwater is discharged off-site.

Sampling and Analysis Plan for Nonvisible Pollutants
The SAP for nonvisible pollutants must describe the sampling and analysis strategy for monitoring nonvisible pollutants.

The SAP for nonvisible pollutants must identify potential nonvisible pollutants present at the job site associated with any of the following:
a) Construction materials and wastes
b) Existing contamination due to historical site usage
c) Application of soil amendments, including soil stabilization materials, with the potential to change pH or contribute toxic pollutants to stormwater
The SAP for nonvisible pollutants must include sampling procedures for the following conditions when observed during a stormwater visual inspection. The Contractor shall include a procedure for collecting at least 1 sample for each storm event for:
a) Materials or wastes containing potential nonvisible pollutants not stored under watertight conditions
b) Materials or wastes containing potential nonvisible pollutants stored under watertight conditions at locations where a breach, leak, malfunction, or spill occurred and was not cleaned up before the precipitation
c) Chemical applications occurring within 24 hours before precipitation or during precipitation that could discharge pollutants to surface waters or drainage systems, including fertilizer, pesticide, herbicide, methyl methacrylate concrete sealant, or nonpigmented curing compound d) Applied soil amendments, including soil stabilization materials that could change pH levels or contribute toxic pollutants to stormwater runoff and discharge pollutants to surface waters or drainage systems, unless independent test data is available to indicate acceptable concentrations of nonvisible pollutants in the material
e) Stormwater runoff from an area contaminated by historical usage of the site that could discharge pollutants to surface waters or drainage systems
The SAP for nonvisible pollutants must provide sampling procedures and a schedule for:
43 a) Sample collection during the first 2 hours of rain events that generate runoff b) Sample collection during normal working hours
c) Each nonvisible pollutant source
d) Uncontaminated control sample
The SAP for nonvisible pollutants must identify locations for sampling downstream and control samples and the reasons for selecting those locations. The Contractor shall select locations for control samples where the sample does not come in contact with materials, wastes, or areas associated with potential nonvisible pollutants or disturbed soil areas.

Annual Certification
The Contractor shall submit an annual certification of compliance as described in the Construction General Permit before July 15th of each year.

Site Inspection Reports
The WPC manager must submit the following informational submittals within 24 hours of completing a weekly inspection:
a) Completed Stormwater Site Inspection Report form.
b) BMP status report. The WPC manager must oversee the preparation of the report. The report must include:
1) Location and quantity of installed water pollution control practices 2) Location and quantity of disturbed soil for active and inactive areas

Visual Monitoring Reports
The Contractor shall submit visual monitoring reports for:
a) Each storm event, include:
1) Date, time, and rain gauge reading
2) Visual observations:
(a) Within two (2) business days before the storm for:
(1) Spills, leaks, or uncontrolled pollutants in drainage areas (2) Proper implementation of water pollution control practices (3) Leaks and adequate freeboard in storage areas
(b) Every 24 hours during the storm event for:
(1) Effective operation of water pollution control practices (2) Water pollution control practices needing maintenance and repair (c) Within two (2) business days after the qualifying rain event for:
(1) Stormwater discharge locations
(2) Evaluation of design, implementation, effectiveness, and locations of water pollution control practices including locations where additional water pollution control practices may be needed
b) Non-stormwater discharges during each of the following periods:
44 1) January through March
2) April through June
3) July through September
4) October through December
Use the Stormwater Site Inspection Report form to document visual monitoring. A visual monitoring report must include:
1) Name of personnel performing the inspection, inspection date, and date the inspection report is completed
2) Storm and weather conditions
c) Location of any:
1) Floating and suspended material, sheen on the surface, discoloration, turbidity, odor, and source of observed pollutants for flowing and contained stormwater systems 2) Non-stormwater discharges and their sources
d) Corrective action taken

The Contractor shall retain visual monitoring reports at the job site as part of the SWPPP.

Sampling and Analysis Day
General
The Contractor shall submit a printed copy and electronic copy of water quality analysis results, and quality assurance and quality control reports within forty eight (48) hours of field sampling, and within thirty (30) days of laboratory analysis. Electronic copies must be in one of the following formats: (1) xls, (2) doc. The Contractor shall include an evaluation of whether the downstream samples show levels of the tested parameter that are higher than the control sample. The evaluation must include:
a) Sample identification number
b) Contract number
c) Constituent
d) Reported value
e) Analytical method
f) Method detection limit
g) Reported limit

Numeric Action Level Exceedance Reports
Whenever a NAL is exceeded, the Contractor shall notify the Engineer and submit a NAL exceedance report within forty eight (48) hours after conclusion of a storm event. The report must include:
a) Field sampling results and inspections, including:
1) Analytical methods, reporting units, and detection limits 2) Date, location, time of sampling, visual observations, and measurements 3) Quantity of precipitation from the storm event
b) Description of BMPs and corrective actions taken to manage NAL exceedance

45 Numeric Effluent Limit Violation Reports
Whenever a NEL is exceeded, the Contractor shall notify the Engineer and submit a NEL violation report within six (6) hours. The report must include:
a) Field sampling results and inspections, including:
1) Analytical methods, reporting units, and detection limits 2) Date, location, time of sampling, visual observation and measurements 3) Quantity of precipitation from the storm event
b) Description of BMPs and corrective actions taken to manage NEL exceedance

Rain Event Action Plan
For a risk level 2 or risk level 3 project, the Contractor shall submit, as applicable a REAP whenever the National Weather Service is predicting a storm event with at least 50% probability of precipitation within seventy two (72) hours.

The Contractor’s WPC manager must submit the REAP at least 48 hours before a forecasted storm event.

The REAP must include:
a) Site location
b) Project risk level
c) Contact information including 24-hour emergency phone numbers for:
1) WPC manager
2) Erosion and sediment control providers or subcontractors 3) Stormwater sampling providers or subcontractors
d) Storm information
e) Description of:
1) Construction phase, including active and inactive areas 2) Active work areas and activities
3) Subcontractors and trades on the job site
4) Pre storm activities including:
(a) Responsibilities of the WPC manager
(b) Responsibilities of the crew and crew size
(c) Stabilization for active and inactive disturbed soil areas (d) Stockpile management
(e) Corrective actions taken for deficiencies identified during pre-storm visual inspections
5) Activities to be performed during storm events, including:
(a) Responsibilities of the WPC manager
(b) Responsibilities of the crew and crew size
(c) BMPs for maintenance and repair
46 f) Flood contingency measures

Storm Water Annual Report
The Contractor shall submit the storm water annual report before July 15th if construction occurs from July 1st through June 30th or within fifteen (15) days after Contract acceptance if construction ends before June 30th. Submit two (2) copies of the report. Allow ten (10) days for the Engineer's review.

The Engineer provides comments and specifies the date when the review stopped if revisions are required.

The Contractor shall obtain authorization for the format of the storm water annual report. The report must include:
a) Project information such as description and work locations b) Stormwater monitoring information, including:
1) Summary and evaluation of sampling and analysis results and laboratory reports 2) Analytical methods, reporting units, and detections limits for analytical parameters 3) Summary of corrective actions taken
4) Identification of corrective actions taken and compliance activities not implemented 5) Summary of violations
6) Names of individuals performing stormwater inspections and sampling 7) Logistical information for inspections and sampling, including location, date, time, and precipitation
8) Visual observations and sample collection records
c) Documentation of training for individuals responsible for:
1) Permit compliance
2) BMP installation, inspection, maintenance, and repair 3) Preparing, revising, and amending the SWPPP
The Contractor shall submit a revised report within five (5) Working Days of receiving the Engineer's comments. The Engineer's review resumes when a complete report has been resubmitted.

When the storm water annual report is authorized, the Contractor shall submit one (1) electronic copy and two (2) printed copies of the report signed by the WPC manager.

Quality Control and Assurance
General
The Contractor shall assign trained personnel to collect water quality samples. Document the personnel and training in the SAP.

Samples taken by assigned field personnel must comply with the equipment manufacturer's instructions for collection, analytical methods, and equipment calibration.

Samples taken for laboratory analysis must comply with water quality sampling procedures and be analyzed by a State-certified laboratory under 40 CFR part 136, Guidelines Establishing Test Procedures for the Analysis of Pollutants.

47 Whenever downstream samples show increased levels of pollutants, the Contractor shall assess water pollution control practices, site conditions, and surrounding influences to determine the probable cause for the increase.

For a risk level 2 or risk level 3 project, the Contractor shall obtain samples of pH and turbidity as shown in the following table:

Parameter Test method Detection
limit (min)
Unit
Turbidity Field test with calibrated
portable instrument
1 NTU
pH Field test with calibrated
portable instrument

0.2 pH
units
For a risk level 3 project, the Contractor shall obtain samples and analyze the suspended sediment concentration whenever the turbidity NEL is exceeded as shown in the following table:

Parameter Test method Detection
limit (min)
Unit
Suspended sediment concentration ASTM D 3977 5 Mg/L
For a risk level 3 project, the Contractor shall obtain samples of pH and turbidity from representative and accessible locations upstream of the discharge point and downstream of the discharge point.

For multiple discharge points, the Contractor shall obtain samples from a single upstream and a single downstream location.

Numeric Action Levels
For a risk level 2 or risk level 3 project, NALs must comply with the values shown in the following table:

Numeric Action Levels
Parameter Test method Detection
limit (min)
Unit Value
pH Field test with calibrated
portable instrument

0.2 pH Lower NAL = 6.5
Upper NAL = 8.5
Turbidity Field test with calibrated
portable instrument
1 NTU 250 NTU max

Numeric Effluent Limits
For a risk level 3 project, NELs must comply with the values shown in the following table:

Numeric Effluent Limits
Parameter Test method Detection
limit (min)
Unit Value
pH Field test with
calibrated portable
instrument

0.2 pH Lower NEL = 6.0
Upper NEL = 9.0
Turbidity Field test with
calibrated portable
instrument
1 NTU 500 NTU max
48 The storm event daily average for storms up to the 5-year, 24-hour storm must not exceed the NEL for turbidity.

The daily average sampling results must not exceed the NEL for pH.

3-12.6.3.2 Construction.

General
The Contractor shall:
a) Obtain, install, and maintain a rain gauge at the job site. Observe and record daily precipitation. b) Complete REAP activities, including crew mobilization, within twenty four (24) hours before precipitation occurs.
c) Continue SWPPP implementation during any suspension of work activities.

Rain Event Action Plan
The Contractor shall have the REAP at the job site at least twenty four (24) hours before a forecasted storm event. The WPC manager must submit the REAP on the following forms:
a) Rain Event Action Plan Highway Construction Phase
b) Rain Event Action Plan Plant Establishment Phase
c) Rain Event Action Plan For Inactive Project

The Contractor shall:

Retain a printed copy of each REAP at the job site as part of the SWPPP.

Implement the REAP, including mobilizing crews to complete activities, within twenty four (24) hours before precipitation occurs.

Sampling and Analysis Day
For a risk level 2 or risk level 3 project, the Contractor shall collect samples:
a) During a storm event for:
1) Each nonvisible pollutant source and a corresponding uncontaminated control sample 2) All locations identified on the Storm Event Sampling and Analyses Plan form b) During a qualifying rain event for:
1) Each nonvisible pollutant source and a corresponding uncontaminated control sample 2) Turbidity, pH, and other constituents as required
3) At least 3 samples for each day of a qualifying rain event 4) All locations identified on the Qualifying Rain Event Sampling and Analyses Plan form The Contractor shall perform sample collection during:
a) Normal working hours
b) Each qualifying rain event
c) First 2 hours of each storm event
49 The Contractor shall collect receiving-water samples for a risk level 3 project and whenever a direct discharge to receiving waters occurs and NELs are violated.

The Contractor shall not physically collect samples during dangerous weather conditions, such as flooding or electrical storms.

Whenever downstream samples show increased levels of turbidity, pH, and other constituents, the Contractor shall assess water pollution control practices, site conditions, and surrounding influences to determine the probable cause for the increase.

The Contractor shall document sample collection during precipitation.

The Contractor shall retain documentation of water quality sampling and analysis results with the SWPPP at the job site. The Contractor shall upload all required reports and documentation to the State Regional Water Quality Control Board SMARTS system for City review and certification.

Storm Water Annual Report
The Contractor shall document and summarize monitoring, sampling and analysis results, laboratory reports, and training.

3-12.6.3.3 Payment. Payment for Storm Water Pollution Prevention Plan (SWPPP) shall be per the Lump Sum (LS) price bid and shall include full compensation for furnishing all labor, materials, tools, equipment to perform all the work involved in 3-12, including preparing and modifying a SWPPP, permitting fees, City filing and processing, furnishing, installing, maintaining and removing BMPs, monitoring and reporting, uploading and filing required documentation to the State and all incidentals for doing all the work involved as described herein or as otherwise required by the permit process, and shall be included in the contract lump sum price in the bid. No additional compensation shall be allowed therefor.

Payment will be issued by the City as follows:
a) 25% - upon SWPPP approval
b) 25% - upon installation of project BMPs
c) Remaining 50% - to be paid monthly as a percentage of the total working days expended for monitoring, maintenance, testing, reporting and all other requirements as outlined in these Special Provisions

3-12.6.4 Dewatering.

REVISE to include the following:

Dewatering consists of discharging accumulated stormwater, groundwater, or surface water from excavations or temporary containment facilities. The Contractor shall submit a dewatering plan for approval along with a cost breakdown of the anticipated items of work identified and durations of activities based on the approved construction schedule. No dewatering work shall start until the plan and cost have been approved.

The Contractor shall perform dewatering work as specified for the work items involved, such as temporary active treatment system or dewatering and discharge.

If dewatering and discharging activities are not specified under a work item and the Contractor performs dewatering activities, he shall:

50 a) Comply with all requirements and conditions of the DeMinimus Permit (see link https://www.waterboards.ca.gov/santaana/board_decisions/adopted_orders/orders/2020/R8-2020- 0006.pdf )
b) Conduct dewatering activities under the Caltrans’ Field Guide for Construction Site Dewatering. c) Ensure that any dewatering discharge does not cause erosion, scour, or sedimentary deposits that could impact natural bedding materials.
d) Discharge the water within the project limits if approved by the Engineer. Dispose of the water if it cannot be discharged within project limits due to site constraints or contamination. e) Not discharge stormwater or non-stormwater that has an odor, discoloration other than sediment, an oily sheen, or foam on the surface.
f) Notify the Engineer immediately upon discovering any such condition.

3-12.6.4.1 Payment. ADD the following:

The allowance for dewatering activities shall only be accessed with the written approval of the Engineer.

Should any dewatering be required, it shall be paid for in accordance with 7-4.

3-13 COMPLETION, ACCEPTANCE AND WARRANTY.
3-13.1 Completion. REVISE to include the following:

When the Contractor considers the Work is complete, the Contractor shall submit a written request to the City Representative for inspection. By submittal of such request, Contractor certifies that:
a) Contract Documents have been reviewed.
b) Work has been completed in accordance with Contract Documents and is ready for inspection. c) Equipment and systems have been tested, adjusted/balanced and are fully operational. d) The Contractor shall submit the request a minimum of five (5) Working Days in advance of the requested inspection date. Contractor shall be responsible for allowing sufficient time during the Contract period to complete inspections and make any corrections. Each day beyond the time prescribed to complete the Contract will be subject to assessment of liqu idated damages in accordance with 6-9.

Should City Representative's inspection find Work incomplete, City Representative will notify the Contractor in writing, listing observed deficiencies and time allowed to complete the deficient work.

The Contractor shall remedy listed deficiencies within the time allowed and send a request for final inspection. Failure of the Contractor to remedy deficiencies within the time allowed, at the City's option, may result in re-inspection(s) of the work to identify additional deficiencies, if any. City’s costs associated with re-inspection(s) are subject to 3-5.3.

When the City confirms Work is complete and closeout submittals have been provided, City Representative will notify Contractor of date of completion on the Weekly Statement of Working Days.

3-13.3 Warranty. REVISE to include the following:

The Contractor shall guarantee the Work to satisfaction of the City.

If, in the opinion of the City , defective work creates a dangerous condition or requires immediate correction or attention to prevent further loss to the City or to prevent interruption of operations of the City, the City will attempt to give the notice required by this article. 51 If the Contractor cannot be contacted or does not comply with the City 's request for correction within a reasonable time as determined by the City , the City may notwithstanding the provisions of this article, proceed to make such correction or provide such attention; and the costs of such correction or attention shall be charged against the Contractor. Such action by the City will not relieve the Contractor of the guarantees provided in this article or elsewhere in this Contract.

This article does not, in any way, limit the guarantee on any items for which a longer guarantee is specified or any items for which a manufacturer gives a guarantee for a longer period. The Contractor shall furnish City all appropriate guaranty or warranty certificates upon Acceptance of the Work.

ADD the following:
3-14 CONTRACT CLOSE-OUT. Within twenty-one (21) Days of the date of completion of the Work as determined by the Engineer per 3-13.1, the Contractor shall submit the following:
a) Approval of the Balancing Change Order.
b) Final invoice.
c) As-Built Plans.
d) Certified payrolls.
e) Operations and Maintenance Manuals.
f) Warranties. Schedule and attend W arranty walkthrough with the City eleven (11) months after approval and acceptance of warranties or Notice of Completion, whichever occurs earlier. g) CCTV inspection videos and reports for all sewer and storm drainpipes over four (4) inches diameter
h) Other outstanding documents.

If deficiencies in the submittals are identified, the Contractor shall correct the deficiencies and re-submit within seven (7) Days of the date of issue of the correction notice from the Engineer. The Agency will not proceed with acceptance of the Contract per 3-13.2 and release of retention per 7-3.2.1 until the submittals are accepted by the Engineer.

No separate or additional payment will be made for Contract Close-Out activities and submittals. Payment shall be considered as included in the Contract Unit Price for the various Bid items.

SECTION 4 - CONTROL OF MATERIALS
REVISE as follows:
4-3 INSPECTION.
4-3.1 General. REVISE to include the following:

The Contractor shall furnish all materials required to complete the Work, a minimum of twenty (20) calendar days in advance of their intended use except materials that are designated in the Special Provision to be furnished by the City.

ADD the following after the 2
nd paragraph:

The Contractor shall defend (at City’s option), hold harmless, and indemnify the City of Anaheim, the Engineer, and City’s officers, agents, employees, representatives, and volunteers from and against and 52 from all claims and liability arising from damage and injury due to said defects. The Contractor shall make all repairs and replacements promptly upon receipt of written order from the Engineer. If the Contractor fails to make the repairs and replacements promptly the City may do work, the Contractor, and his surety shall be liable to the City for the cost of the work.

The Engineer may inspect the production of material, or the manufacture of products at the source of supply. Plant inspection, however, will not be undertaken until the Engineer is assured of the cooperation and assistance of both the Contractor and the material producer. The Engineer shall have free entry at all times to such parts of the plant as concerns the manufacture or production of the materials. Adequate facilities shall be furnished free of charge to make the necessary inspection. The City assumes no obligation to inspect materials at the source of supply.

Materials, equipment, and supplies provided shall, without additional charge to City, fully conform with all applicable local, State and Federal safety laws, rules and regulations, and orders, and it shall be the Contractor's responsibility to provide only such materials, equipment, and supplies notwithstanding any omission in the Contract Documents therefore on that material, equipment or supply as specified.

4-4 TESTING.

ADD the following:
4-4.1 Testing Laboratory.

Employment of testing laboratories will in no way relieve Contractor of its obligation to perform the Work in accordance with Contract Documents.

Laboratory field technicians employed by the City shall have no authority to release, revoke, alter, or enlarge on requirements of Contract Documents, or to approve, accept or stop any portion of the Work. The Contractor shall:
a) Cooperate with laboratory personnel, provide access to work, arrange access to manufacturer's operations.
b) Provide the laboratory with preliminary representative samples of materials to be tested, in required quantities.
c) Furnish copies of mill test reports.
d) Provide casual labor and facilities for access to work being tested; obtain and handle samples at the site; facilitate inspections and tests; provide facilities for the laboratory's exclusive use for storage and curing of test samples.
e) Coordinate requests for testing through the City Representative. Notify City Representative a minimum of three (3) Working Days in advance of operations to allow for assignment of personnel and scheduling of tests.
f) Pay for additional laboratory inspections, sampling and testing required for Contractor's convenience and when initial tests indicate that work does not comply with Contract Documents. g) When required by the Contract Documents, submit manufacturer’s certificate, executed by responsible officer, certifying that the product(s) meet or exceed specified requirements. Provide certification in duplicate.

4-5 CERTIFICATE OF COMPLIANCE. REVISE to include the following:

The City reserves the right to refuse to permit the use of materials based on a Certificate of Compliance. The form and disposition of the Certificate of Compliance shall be as directed by the Engineer.

4-6 TRADE NAMES. REVISE to include the following:

The Contractor shall submit a proposed equivalent products list in accordance with the following:
53 a) Within ten (10) Days after Award of Contract , transmit number of copies the Contractor needs plus four (4) of a list of major products which are proposed for substitution with the proposed equivalent, including name of manufacturer. Tabulate products by specification section number, title and article number.
b) For products specified only by reference standards, give manufacturer, trade name, model or catalog designation, and reference standards.
c) The Engineer will reply in writing, stating whether there is reasonable objection to listed items. Failure to object to a listed item shall not constitute a waiver of requirements of Contract Documents.

The following limitations shall apply to substitutions:
a) Requests for substitutions of products shall be submitted within ten (10) Days after award of the Contract. The Contractor shall allow twenty (20) Days for the Engineer to make this determination. Requests will be considered only in the case of product unavailability or other conditions beyond control of Contractor. Material delivery schedules will not be considered justification for substitution.
b) Substitute products shall not be ordered or installed without written acceptance by the Engineer. c) Only one request for substitution for each product line will be considered. When substitution is not accepted, provide specified product.
d) The Engineer will determine acceptability of substitutions.

Requests for substitutions shall conform to the following:
a) Submit separate requests for each substitution. Document each request with complete data substantiating compliance of proposed substitution with requirements of Contract Documents. b) Identify product by specifications section and article numbers. Provide manufacturer's name and address, trade name or product, and model or catalog number. List fabricators and suppliers, as appropriate.
c) Give itemized comparison of proposed substitution with specified product, listing variations, and reference to specifications section and article numbers. d) Give cost data comparing proposed substitution with specified product, and amount of net change to Contract sum.
e) State effect of substitution on construction schedule, and changes required in other work or products.

Request for substitution constitutes a representation that Contractor has investigated proposed product and has determined that it is equal to or superior in all respects to specified product. The Contractor shall provide the same warranty for the substitution as for the specified product, shall coordinate installation of accepted substitute, making such changes as may be requested for Work to be complete in all respects, certifies that cost data presented is complete and includes all related costs with no change in the schedule under this Contract and waives claims for additional costs related to substitution which may later become apparent. The Contractor shall submit the number of copies the Contractor needs plus four of request for substitution. For accepted products, submit shop drawings, product data and samples, and tests conducted in accordance with 3-8.

SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITIES
REVISE as follows:
5-1 LAWS AND REGULATIONS. DELETE in its entirety and SUBSTITUTE with the following:
54 It shall be understood by the Contractor and its Subcontractors that the City, per Municipal Code Section

3.04.050, imposes upon businesses, trades, professions, calling, and occupations specified in the code, license taxes in the amounts prescribed in the code. It is unlawful for any person to transact and carry on any business, trade, profession, calling, or occupation without first having procured a license from the City and then complying with any and all applicable provisions of the code. Contractor license fees shall be as prescribed by the Anaheim Municipal Code Section 3.24.010.

The Contractor shall keep itself fully informed of all existing and future State and National laws and County and Municipal ordinances and regulations which in any manner affect those engaged or employed in the Work or the materials used in the Work or which in any way affect the conduct of the Work and of all such order and decrees of bodies or tribunals having any jurisdiction or authority in the Plans, Specifications, or Contract for the Work in relation to any such law, ordinance, regulation, order or decree, he shall forthwith report the same to the City Representative in writing.

The Contractor shall at all times observe and comply with and shall cause all its agents, employees, and Subcontractors to observe and comply with all such existing and future laws, ordinances, regulations, orders, and decrees even though such requirements may not be specifically mentioned in the specifications or shown on the Plans, and shall hold harmless, i ndemnify, and defend the City, the Engineer, and each of their officers, employees, and agents against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, or decree, whether by itself, its employees, its agents, or its subcontractors. To the maximum extent permitted by law, all obligations of the Contractor stated in 5-4.2 shall apply in the case of any such claim or liability.

As a material part of this Contract, Contractor's and S ubcontractors' owners and employees agree to be bound by and adhere to the Federal Department of Transportation (DOT) regulations found in Title 49 CFR 382. All Contractor's and S ubcontractors' owners and employees who are required to hold commercial licenses and/or who are in safety sensitive positions shall be subject to the provisions of the DOT regulations.

(INSERT IF FEDERAL FUNDS ARE USED)
The Contractor shall comply with all applicable Federal laws, including those set forth in “Federal Requirements” of these Special Provisions.

5-2 SPECIAL NOTICES. REVISE to include the following:

Any notice required or given by one party to the other under the Contract shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notices shall not be effective for any purpose whatsoever, unless served in the following manner:
a) If the notice is given to the City, by personal delivery or by depositing the same in the United States mail, enclosed in a sealed envelope addressed to the City, postage prepaid and registered. b) If the notice is given by the Engineer to the Contractor by personal delivery to said Contractor or to his authorized representative or by depositing the same in the United States mail, enclosed in a sealed envelope addressed to said Contractor at his regular place of business or such other address as may have been established for the conduct of the work under this Contract, postage prepaid and registered.
c) If notice is given to the surety or any other person by personal delivery to said surety or other person, or by depositing the same in the United States mail, enclosed in a sealed envelope addressed to such surety or person at the address of said surety or person last communicated by him to the party giving the notice, postage prepaid and registered.

5-3 LABOR.
55 5-3.1 General. REVISE to include the following:

This Project is subject to compliance monitoring and enforcement by the State of California Department of Industrial Relations.

5-3.2 Prevailing Wages. REVISE to include the following:

In accordance with the provisions of Section 1773.2 of the Labor Code, copies of the current prevailing rate of per diem wages at the time of the Bid as determined by the Director of the Department of Industrial Relations (DIR) are available on the website as follows: www.dir.ca.gov/DLSR/PWD/index.htm

(INSERT IF PROJECT IS FEDERALLY FUNDED)
The current General Decision of wage determinations issued by the United States Department of Labor is set forth at the following website address. Enter “CA24” in the box for “Select DBA WD by number:”

https://www.wdol.gov/dba.aspx

If there is a difference between the prevailing wage rate determined by the Department of Labor and the prevailing wage rate predetermined by the Director of Industrial Relations for similar classifications of labor, the Contractor and its Subcontractors shall pay not less than the higher prevailing wage rate. The City will not accept lower State prevailing wage rates not specifically included in the Federal prevailing wage determinations. This includes "helper" (or other classifications based on hours of experience) or any other classification not appearing in the Federal prevailing wage determinations. Where Federal prevailing wage determinations do not contain the State prevailing wage rate determination otherwise available for use by the Contractor and Subcontractors, the Contractor and Subcontractors shall pay not less than the Federal prevailing wage rate which most closely approximates the duties of the employee(s) in question.

The prevailing wage rate for any classification not listed by the Department of Labor or the Director of Industrial Relations, but which may be required to execute the Contract, shall be in accord with specified rates for similar or comparable classifications or for those performing similar or comparable duties, within the City's determinations.

5-3.3 Payroll Records. REVISE to include the following:

The Contractor and each of its Subcontractors, suppliers, and vendors, shall comply with all City, State, and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Failure to file any report due under said orders will result in suspension of progress payments.

Contractors and Subcontractors on all Public Works projects shall submit Certified Payroll Records (CPRs) to the Labor Commissioner.

The Contractor and each of his Ssubcontractors’ shall prepare payrolls on forms prescribed and in accordance with instructions furnished by the City. Within seven (7) days after the regular payment date of the payroll, the Contractor shall deliver to the City a certified and legible copy of each payroll. Such payroll shall be stated under penalty of perjury to in accordance with the federal regulations made pursuant to the “Anti-Kick-Back Statute (41 U.S.C. Sec.51)”.

Such copies of payrolls shall be accompanied by proof that all bills for services rendered, and materials supplied have been duly paid for. The Contractor shall not carry on its payroll any person it does not employ. Employees of a Subcontractor must be carried on the payroll of the employing Subcontractor.

56 Each Contractor or Subcontractor shall preserve its weekly payroll records for a period of three (3) years from the date of the contract. The payroll records shall set out accurately and completely the name, address, social security number, occupational classification, and hourly wage rate of each employee, hours worked by him during the payroll period, and full weekly wages earned by him, any deductions made from such weekly wages and the actual weekly wages paid. Such payroll records, when requested by the City shall be always made available for inspection by the City or its authorized representatives and response and records shall be given to the City within 48 hours from the time the request was made.

The Contractor agrees that, in case of underpayment of wages to any worker on the project under this Contract by the Contractor or any S ubcontractor, the City shall withhold from the Contractor out of payments due, an amount sufficient to pay such worker the difference between the wages required to be paid under this C ontract and the wages actually paid such worker for the total number of hours worked and that the City may disburse such amount so withheld by it for and on account of the Contractor to the employee to whom such amount is due. The Contractor further agrees that the amount to be withheld pursuant to this paragraph may be in addition to the percentages to be retained by the City pursuant to other provisions of this Contract.

The Contractor shall provide unlimited access to the job site for all equal employment opportunity compliance officers.

The Contractor and all its Subcontractors shall submit to the City and the Labor Commissioner (Division of Labor Standards Enforcement) certified payroll records every Friday until Notice of Completion is filed and recorded.

Pursuant to Section 1812 of the California Labor Code, the Contractor shall maintain an accurate written record of all employees working on the Project each day. The record shall include each employee's name, Social Security number, job classification and the actual number of hours worked. The Contractor shall submit a signed copy of this record to the Engineer at the end of each week.

5-4 INSURANCE.
5-4.1 General. REVISE to include the following:

Without limiting the City of Anaheim’s right to indemnification, it is agreed that Contractor shall not commence work until he procures and maintains, at his sole cost and for the duration of this Contract, insurance coverage as provided below, against all claims for injuries against persons or damages to property which may arise from or in connection with the performance of the Work hereunder by Contractor, its agents, representatives, employees, and/or subcontractors. In the event that Contractor subcontracts any portion of the Work in compliance with 3-3, the Contract between the Contractor and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Contractor is required to maintain pursuant to 5-4.

COVERAGE WRITTEN WITH A SELF-INSURED RETENTION SHALL BE APPROVED BY THE CITY OF ANAHEIM RISK MANAGER PRIOR TO THE SUBMITTAL OF THE BID PROPOSAL.

COVERAGE WRITTEN WITH PRIMARY AND EXCESS/UMBRELLA LAYERS SHALL BE APPROVED BY THE CITY OF ANAHEIM’S RISK MANAGER PRIOR TO THE SUBMITTAL OF THE BID PROPOSAL.

ANAHEIM’S Risk Manager is hereby authorized to amend the requirements set forth herein in the event such reduction is in ANAHEIM’S best interest.

57 Insurance policies shall be deemed not to comply if they include any limiting provision or endorsement that has not been submitted for approval in accordance with 5-4.

This insurance shall not be voluntarily cancelled or materially limited in scope or coverage, until after thirty (30) days prior written notice has been given to the City Clerk, City of Anaheim, 200 S. Anaheim Blvd., Anaheim, CA 92805.

Each insurance policy required by this Contract, except policies for Workers’ Compensation, shall contain the following clauses or shall otherwise provide for the following conditions:

Cancellation for non-payment of premium shall provide for not less than ten (10) days’ notice. “It is agreed that any insurance maintained by Contractor pursuant to the Contract shall be primary to, and not contribute with, any insurance or self- insurance maintained by the City of Anaheim.” The Contractor shall name as additional insured “The City of Anaheim (INSERT OTHER AGENCIES

AND OWNERS AS REQUIRED PER AGREEMENTS LIKE RAILROAD, CALTRANS, COUNTY OF ORANGE, ETC.), its officers, agents, employees, representatives and ANAHEIM- designated volunteers are added as additional insured as respects the acts, omissions, operations and activities of, or on behalf of, the named insured, in regard to products supplied to, or work or services performed for, or related to, the City of Anaheim.”
Prior to commencing any work under this Contract, Contractor shall deliver to the City of Anaheim insurance certificates confirming the existence of the insurance required under the Contract, and including the applicable clauses referenced above. Also, within ten (10) days of the execution date of the Contract, Contractor shall provide the City of Anaheim (i) endorsements to the insurance policies that add to these policies the applicable clauses referenced above, or (ii) in lieu of said endorsements, documentation acceptable to City of Anaheim evidencing that the coverage, terms, and conditions set forth in the above- referenced clauses are otherwise included in said insurance policies.

Insurance required hereunder shall be placed with insurers (i) admitted writing insurance in California, (ii) possessing an A. M. Best’s rating of “A” or higher and a Financial Class VII or higher, or (iii) otherwise acceptable to City of Anaheim, with prior written permission from the City of Anaheim. In the event that a claim or other legal action is filed against the City of Anaheim, and if the City of Anaheim, in its good faith opinion, believes it may have coverage under any of the insurance required herein, then the City of Anaheim has the right to demand, and to receive within a reasonable time period, copies of the insurance policies related to such required insurance; provided, however, that this provision shall not apply if the parties agree that Contractor shall fully defend, hold harmless, and indemnify the City of Anaheim against any such claim or other legal action.

No officers, agents, employees, representatives and the City of Anaheim (INSERT OTHER AGENCIES

AND OWNERS AS REQUIRED PER AGREEMENTS LIKE RAILROAD, CALTRANS, COUNTY OF ORANGE, ETC.) - designated volunteers or their consultants shall be personally responsible for any liability arising under or by virtue of the Contract.

In addition to other remedies, the City of Anaheim may have if Contractor fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, the City of Anaheim may, at its sole option:
a) Order Contractor to stop work under the Contract and/or withhold any payment(s) that become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof.
b) Terminate the Contract and pursue Surety for Breach of Contract. 58 Exercise of any of the above remedies, however, is an alternative to other remedies City of Anaheim may have and is not the exclusive remedy for Contractor’s failure to maintain insurance or secure appropriate endorsements.

Nothing herein contained shall be construed in any way as limiting the extent that the Contractor may be held responsible for payments of damages to persons or property resulting from Contractor, and any Subcontractors performance of the work covered under the Contract.

5-4.2 General Liability Insurance. DELETE the 2
nd paragraph and SUBSTITUTE with the following:

Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Bodily Injury, Sexual Abuse and Molestation, Personal Injury Liability, Products/Completed Operations Liability, and Independent Contractor Liabi lity, in an amount not less than Two Million Dollars ($2,000,000) per occurrence, Four Million Dollars ($4,000,000) annual aggregate, written on an occurrence form. Such insurance shall be written on a primary basis but may include a deductible of not more than Ten Thousand ($10,000) per occurrence, provided that such deductible or self-insured retention is disclosed to City of Anaheim, in writing, at the inception of the Contract.

5-4.3 Workers’ Compensation Insurance. REVISE to include the following:

Workers’ Compensation and Employer's Liability: Workers’ Compensation Insurance in an amount required by the laws of the State of California (Statutory Limits). Employer's Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per occurrence.

5-4.4 Auto Liability Insurance. DELETE in its entirety and SUBSTITUTE with the following:

Automobile Liability (including owned, non-owned, leased, and hired autos): Insurance covering “Any Auto” with minimum limits of Two Million Dollars ($2,000,000.00), single limit, per occurrence for bodily injury and property damage, as required by California law.

5-6 PATENT FEES OR ROYALTIES. REVISE to include the following:

The Contractor shall assume all costs arising from the use of patented materials, equipment, devices, or processes used on or incorporated in the Work and shall hold harmless, indemnify, and defend the City, the Engineer, the City Representative and each of their officers, employees, and agents from all claims, suits or actions of every nature for or on account of the use of any patented materials, equipment devices, or processes. To the maximum extent permitted by law, all obligations of the Contractor sta ted in 5-4.2 shall apply in the case of any such claim, suit, or action.

5-7 SAFETY.
5-7.1 Work Site Safety.
5-7.1.1 General. REVISE to include the following:

The Contractor shall be solely responsible for ensuring that all work performed under the Contract is performed in strict compliance with all applicable Federal, State and local occupational safety regulations. The Contractor shall provide at its expense all safeguards, safety devices and protective equipment, and shall take all actions appropriate to providing a safe Project site.

When construction occurs within a developed residential area and/or through a school site, the Contractor shall take all necessary precautions to protect the public, from the hazards of open excavations.

Trenches shall either be covered or adequately fenced and lighted at night and on weekends or whenever operations are not in actual process.
59 Unusual conditions may arise on the work, which will require that immediate and unusual provisions be made to protect the public from danger, loss, or damage to life and property, due directly or indirectly t o the prosecution of the work. It is part of the service required of the contractor to make such provisions and to furnish such protection.

The Contractor shall use such foresight and shall take such steps and precautions as his operations make necessary to protect the public from danger or damage, loss of life or property, which could result from the interruption or contamination of public wa ter supply, irrigation, or other public service or from the failure of partly completed work.

Whenever, in the opinion of the City, an emergency exists against which the Contractor has not taken sufficient precaution for the safety of the public or the protection of the utilities or of adjacent structures or property which may, in the opinion of the City, require immediate action in order to protect public or private or personnel or property interest or prevent likely loss of human life or damage on account of the operations under the contract, then and in that event the City may provide suitable p rotection to said interest by causing such work to be done and material to be furnished, as, in the opinion of the City, may seem reasonable and necessary.

The cost and expense of said labor and material together with the cost and expense of such repairs as may be deemed necessary shall be borne by the Contractor, and if he shall not pay said cost and expense upon presentation of the bills therefore, duly certified by the Engineer, then said cost and expense will be paid by the City and shall therefore be deducted from any amounts due, or which may become due to said Contractor. The failure of the City, however, to take such precautionary measure, shall not r elieve the Contractor of his full responsibility for public safety.

The foregoing provisions are in addition to and not in limitation of any other rights or remedies available to the City.

5-7.1.2 Work Site Safety Official. REVISE to include the following:

Failure by the Contractor to provide the required Work Site Safety Official shall be grounds for the City to direct the cessation of all work activities and operations at no cost to the City until the Contractor complies.

5-7.8 Steel Plate Covers.
5-7.8.1 General. REVISE to include the following:

Excavations or trenching shall not be left open during non-working hours.

5-7.8.3 Installation. DELETE reference to Method 2 and ADD the following:

The Contractor shall install plates per Method 1 regardless posted speeds and locations for vehicular traffic, bike paths, or pedestrian ways. Steel plates shall fit snug within the recessed area, flush with the adjacent roadway surface, and shall be installed to operate with minimum noise. Multiple plates shall be tack welded as needed to secure the plates with 6” long minimum welds. Steel plates shall be removed, and permanent pavement shall be placed within fifteen (15) working days or as approved in writing by the Engineer.

ADD the following:
5-8 CONTRACTOR’S RESPONSIBILITY FOR THE WORK. Until Final Acceptance of the Work, the Contractor shall have the responsibility, charge and care of the Work and of the materials to be used therein (including materials for which it has received partial payment or materials which have been furnished by the City) and shall bear the risk of injury, loss or damage to any part thereof by the action of 60 the elements or from any other cause, whether arising from the execution or from the non-execution of the Work.

The Contractor shall rebuild, repair, restore, and make good all injuries, losses, or damages to any portion of the Work or the material occasioned by any cause before its completion and acceptance and shall bear the expense thereof. Where necessary to protect the Work or materials from damage, the Contractor shall at his expense provide suitable drainage and erect such temporary structures as are necessary to protect the Work or materials from damage. The suspension of the Work from any cause whatever shall not relieve the Contractor of his responsibility for the Work and materials as herein specified. If ordered by the City Representative, the Contractor shall at his expense properly store materials which have been partially paid for by the City or which have been furnished by the City. Such storage by the Contractor shall be on behalf of the City, the City shall always be entitled to the possession of such materials, and the Contractor shall promptly return the same to the site of the Work when requested. The Contractor shall not dispose of any of the materials so stored, except on written authorization from the City.

In an emergency affecting the safety of life or property, including adjoining property, the Contractor, without special instructions or authorizations, is authorized to act at his discretion to prevent such threatened loss or injury, and he shall so act as though instructed to do so by the City.

ADD the following:
5-9 PROJECT RECORD DOCUMENTS.
5-9.1 Maintenance of Documents and Samples. The Contractor shall maintain one record copy of:
a) Contract bid documents
b) Contract As-Built Plans
c) Specifications
d) Addenda
e) Change Orders and Other Modifications to the Contract f) Reviewed Shop Drawings, Product Data, and Samples
g) Field Test Records
h) Construction Schedules
i) Manufacturer's Certificates
The Contractor shall maintain documents in clean, dry, legible condition.

The Contractor shall keep As-Built Plans and samples accessible for inspection by the City Representative.

Applications for progress payments will be withheld each month if the As-Built Plans are not kept current.

The City Representative will verify the As-Built Plans prior to submittal of each Application for Payment.

5-9.2 Recording. The Contractor shall record changes to the plans and discoveries of buried objects at the Work on As-Built Plans with red ball-point pen, label each Document “AS-BUILTS” in large printed letters, record information concurrently with construction progress, not conceal any work until required information is recorded and legibly mark each item on Contract As-Built Plans and Shop Drawings to record actual construction, including:
a) Measured depths of elements in relation to fixed datum point b) Measured horizontal and vertical locations of underground utilities and appurtenances, referenced to permanent surface improvements
61 c) Measured locations of internal utilities and appurtenances concealed in construction, referenced to visible and accessible features of construction
d) Field changes of dimension and detail
e) Changes made by Contract modifications
f) Details not on original Contract Drawings
g) Previously unknown buried objects.

The Contractor shall legibly mark each item to record actual construction, including:
a) Manufacturer, Trade Name, and Catalog Number of each product actually installed particularly optional items and substitute items
b) Changes made by Addenda or modifications.

The Contractor shall maintain other documents per requirements of individual specifications sections.

5-9.3 Submittals. At Contract closeout the Contractor shall deliver As-Built Plans and samples as specified in 5-9.1 Request for final payment will not be approved until all record documents have been delivered.

The submittals shall be transmitted with cover letter with signature of Contractor or authorized representative, listing date, project title and number and number and title of each record document.

SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK

REVISE as follows:
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.
(DELETE GREENBOOK SECTION 6-1 IF A CPM IS REQUIRED)
6-1.1 Construction Schedule. REVISE to include the following:
a) The Contractor shall coordinate with and provide the City Representative with a work schedule.

b) Hours of Work for (INSERT NAME OF PROJECT) and (INSERT PROJECT LIMITS) are as follows. Perform all work between the hours of (CHANGE HOURS OF WORK TO SUIT YOUR PROJECT, NIGHT WORK, WEEKEND WORK, ETC.) 8:30 a.m. and 3:30 p.m., Monday through Friday in the Public Right of Way, unless approved in advance by the City Representative. No work shall be performed on weekends and City recognized holidays without written City approval.

(USE THIS FOR NEIGHBORHOOD PROJECTS)
c) Lane closures on residential streets and arterial streets shall be between 8: 30 a.m. and 3:30 p.m. when approved in advance by the City Representative.

d) Prior to the commencement of construction, arrangements will be made by the City for a meeting between the Contractor, The Engineer, Utility Representatives, designers and others as may be involved with the project. The purpose of the meeting is to coordinate the activities of the Contractor within the limits of this contract, review utility conflicts, review scheduling, discuss construction methods and clarify inspection procedures.

e) The Contractor shall submit updated Progress Reports to the Engineer at monthly intervals after 62 the date of the Notice to Proceed. The report shall include an updated Construction schedule. Any deviations from the original schedule shall be explained. Progress payments will be withheld pending receipt of any outstanding reports.

f) After issuance of the Notice to Proceed, a weekly schedule for the streets to have PCC work, slurry sealed and/or rehabilitated shall be submitted on the Monday of the week prior to the week of the scheduled work. All construction schedules shall be broken down in weekly intervals. All construction schedule submittals shall be in a tabulation form denoting clearly and accurately the scope of work with street limits for each day of the week. A map of the area where the work is taking place shall accompany each weekly schedule and it shall depict the daily work shown in the schedule.

Within five (5) working days after Notice of Award, the Contractor shall submit to the Engineer, for review and approval, the Construction Schedule for the entire project, in accordance with these Special Provisions. The Contractor shall correct any schedule deficiencies within two (2) working days of the City’s Deficiency Notice. All subcontractor work shall be incorporated in the Prime Contractor’s schedule.

Separate schedules will not be admitted.

The Contractor shall deliver to the Engineer a construction progress schedule employing the critical path method, in a form satisfactory to the City Representative, showing the proposed dates of commencement and completion of each item of the Work and the anticipated amount of each monthly payment that will become due the contractor in accordance with the progress schedule.

The Contractor shall develop the Construction Schedule and shall prosecute the construction of the project and all other applicable requirements of these Special Provisions, unless otherwise authorized by the Engineer. These requirements and restrictions shall be applicable to the baseline schedule approval and all subsequent schedule revisions as needed throughout the project.

When a change in the schedule occurs for any reason, the Contractor shall submit a revised construction schedule to the Engineer/ City Representative for review and approval within ( 3) Working Days. The Contractor shall only be allowed to work in areas identified in the most recently approved schedule. The full cost of this provision shall be considered as included in the cost for Mobilization and no additional compensation shall be allowed.

The schedule format shall be as follows:

a) Prepare schedules as horizontal bar chart with separate bar for each portion of work or operation in accordance with approved schedule of values, identifying first workday of each week. Allow space for updating.
b) Sequence of Listings: Chronological order of the start of each item of work. c) Sheet Size: Multiple of 8-1/2 x 11 inches.
d) Provide a two week look-ahead schedules (updated weekly).

The content of the schedules shall:
a) Show complete sequence of construction by activity, with dates for beginning and completion of each element of construction. Include any special sequencing specified in the Contract Documents. b) Provide sub-schedules to define major and significant portions of the entire schedule. c) Show accumulated percentage of completion of each item, and total percentage of Work completed as of first day of each month.
63 d) Show the critical path.
e) Identify Street Segments, Limits, and Estimated Quantity for Each Major Work Item shown in the Construction Schedule.

Revisions to schedules shall:
a) Indicate progress of each activity to date of submittal, and projected completion date of each activity.
b) Identify activities modified since previous submittal, major changes in scope, and other identifiable changes.
c) Provide written report to define any problem areas, anticipated claim , and impact on schedule.

Report corrective action taken, or proposed, and its effect. d) Revise periodically as directed by the Engineer/ City Representative. Failure to comply with directive will be considered as grounds to delay progress payment. e) Show the revised critical path.

Required submittals:
a) Submit initial schedules within five (5) days after Notice of Award of the Contract. If requested, resubmit required revisions within three (3) days of request. b) Submit an update schedule on or before the first day of each month, beginning one month after the initial schedule as outlined in (a) above. If requested, resubmit required revisions within three (3) Working days of request.
c) Submit copies of schedules to Engineer.
d) Submit under transmittal letter.

Contractor shall:
a) Distribute copies of current schedules to job site file Subcontractors, suppliers, and other concerned parties.
b) Instruct recipients to promptly report, in writing, problems anticipated by projections shown in schedules.

(DELETE THE GREENBOOK SECTION 6-1 IF A CPM SCHEDULE IS REQUIRED, AND

REPLACE IT WITH THE FOLLOWING)
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK. DELETE in its entirety and SUBSTITUTE with the following:

The Contractor shall begin the Work on the date stipulated in the Notice to Proceed and shall diligently prosecute the Contract to completion within the time limit provided in the Contract.

The Contractor shall notify the City Representative of his intent to begin work at least two (2) Working Days prior to the start of any work.

The Contractor may, upon written approval from the City, begin work in advance of the date in the Notice to Proceed; however, No Construction Work shall be started in advance of the completed execution of the Contract, submittal of insurance, bonds, and approval of the construction progress schedule by the City. The City may, but shall not be required to, provide access to the site prior to the date specified in the Notice to Proceed.

6-1.1 Construction Schedule. Within ten (10) days after the date of the City’s execution of the Contract, the Contractor shall submit a proposed construction schedule to the Engineer for approval. The construction schedule shall be in accordance with 6-1.2 and 6-1.3 and shall be in sufficient detail to show the chronological relationship of all activities of the Work. These include, but are not limited to, 64 estimated starting and completion dates of various activities, submittal of shop drawings to the Engineer for approval, utility relocation efforts, procurement of materials and scheduling of equipment.

The Contractor’s schedule shall be resource loaded (based on resources used in the project) and if requested the dedicated resources shall be included in the schedule and schedule updates.

Prior to issuing the Notice to Proceed, the Engineer will schedule a Pre-Construction Meeting with the Contractor to review the proposed construction schedule and delivery dates, arrange utility coordination and clarify inspection procedures.

Notwithstanding any other provisions of the contract, the Contractor shall not be obligated to perform any work and the City shall not be obligated to accept or pay for any work performed by the Contractor prior to delivery of the Notice to Proceed. The City’s knowledge of work performed prior to the delivery of the Notice to Proceed shall not obligate the City to accept or pay for such work. The Contractor shall provide the required contract bonds and evidences of insurance prior to commencing work at the site.

6-1.1.1 Definitions. The following definitions shall apply to this section:
a) ACTIVITY — a task, event or another project element on a schedule that contributes to completing the project. Activities have a description, start date, finish date, duration and one or more logic ties.
b) BASELINE SCHEDULE — the initial schedule representing the Contractor's work plan on the first working day of the project.
c) CONTRACT COMPLETION DATE — the current extended date for completion of the contract shown on the Weekly Statement of Working Days furnished by the Engineer in conformance with the provisions in 6-7.
d) CRITICAL PATH — the longest continuous chain of activities for the project that has the least amount of total float of all chains. In general, a delay on the critical path will extend the scheduled completion date.
e) CRITICAL PATH METHOD (CPM) — a network-based planning technique using activity durations and the relationships between activities to mathematically calculate a schedule for the entire project.
f) DATA DATE — the day after the date through which a schedule is current. Everything occurring earlier than the data date is “as-built” and everything on or after the data date is “planned.” g) FLOAT — the difference between the earliest and latest allowable start or finish times for an activity.
h) FRAGNET — a fragnet is defined as the sequence of new activities that are proposed to be added to the existing schedule, to demonstrate either added scope, or a change and the corresponding impact. The fragnet shall identify the predecessors to the new act ivities and demonstrate the impacts to successor activities.
i) MILESTONE — an event activity that has zero duration and is typically used to represent the beginning or end of a certain stage of the project.
j) NEAR CRITICAL PATH — a chain of activities with total float exceeding that of the critical path but having no more than ten (10) Working Days of total float. k) RESOURCE LOADED SCHEDULE – a schedule that shows what resources are allocated to scheduled activities.
l) SCHEDULED COMPLETION DATE — the planned project finish date shown on the current 65 accepted schedule.
m) TOTAL FLOAT — the amount of time that an activity or chain of activities can be delayed before extending the scheduled completion date.
n) UPDATE SCHEDULE — a current schedule developed from the baseline or subsequent schedule through regular monthly review to incorporate as-built progress and any planned changes.

ADD the following:

6-1.1.2 General Requirements. The Contractor shall meet with the Engineer on a date mutually agreed by the parties with the intent of discussing the schedule requirements. This meeting shall happen before the Contractor begins the work on the Baseline schedule.

The Contractor shall submit to the Engineer baseline, monthly update, look-ahead schedules and final update schedules, each consistent in all respects with the time and order of work requirements of the contract. The project work shall be executed in the sequence indicated on the current accepted schedule.

Schedules shall show the order in which the Contractor proposes to carry out the work with logical links between time-scaled work activities and calculations made using the critical path method to determine the controlling operation or operations. The Contractor is responsible for assuring that all activity sequences are logical and that each schedule shows a coordinated plan for complete performance of the work.

The Contractor shall produce schedules using computer software and shall furnish compatible software for the Engineer's exclusive possession and use. The Contractor shall furnish network diagrams and schedule data as parts of each schedule submittal.

The schedule shall be prepared using the latest version of Oracle’s Primavera P6 scheduling tool or approved equal. Any tool other than Primavera shall first require approval from the Engineer.

The Contractor shall not sequester float through strategies such as extending activity duration estimates to consume available float, using preferential logic, using extensive crew/resource constraints, using special lead/lag logic restraints, using imposed dates or other float suppression techniques.

Schedules shall include, but not be limited to, applicable activities that show the following:
a) Project characteristics, salient features, or interfaces, including those with outside entities that could affect time of completion.
b) Project start date, scheduled completion date and other milestones. c) Work performed by the Contractor, subcontractors, and suppliers. d) Submittal development, delivery, review, and approval, including those from the Contractor, subcontractors, and suppliers.
e) Procurement, delivery, installation and testing of materials, plants, and equipment. f) Testing and settlement periods.
g) Utility notification and relocation.
h) Erection and removal of false work and shoring.
i) Lane closures, ramp closures, etc.
j) Major traffic stage switches.
66 k) Finishing roadway and final cleanup.
l) Schedule shall further include the following:
1) A clear and legible description for each activity.
2) A detailed Work Breakdown Structure (WBS) or Activity Coding Structure, sufficient to clearly organize, sort and filter activities as needed. 3) A duration of not less than one (1) Working Day, except for event activities, and not more than twenty (20) Working Days, unless otherwise authorized by the Engineer. 4) At least one predecessor and one successor activity, except for project start and finish milestones.
5) Required constraints.

The Engineer's review and acceptance of schedules shall not waive any contract requirements and shall not relieve the Contractor of any obligation thereunder or responsibility for submitting complete and accurate information. Schedules that are rejected shall be corrected by the Contractor and resubmitted to the Engineer within five (5) Working Days of notification by the Engineer, at which time a new review period of one week will begin.

Errors or omissions on schedules shall not relieve the Contractor from finishing all work within the time limit specified for completion of the contract. If, after a schedule has been accepted by the Engineer, either the Contractor or the Engineer discover that any aspect of the schedule has an error or omission, it shall be corrected by the Contractor on the next update schedule.

The Contractor shall include the following for each schedule submittal:
a) Two sets of originally plotted, time-scaled network diagrams. b) Two copies of a narrative report.
c) Two copies of each of three (3) sorts of the CPM software-generated tabular reports. d) Electronic copy of the schedule data.

The time-scaled network diagrams shall conform to the following:
a) Show a continuous flow of information from left to right. b) Be based on early start and early finish dates of activities. c) Clearly show the primary paths of criticality using graphical presentation. d) Include a title block and a timeline on each page.

Tabular reports shall be software-generated and provide information for each activity included in the project schedule. Three different reports shall be sorted by (1) activity ID, (2) early start and (3) total float. Tabular reports shall be 8 ½” x 11” in size and shall include, as a minimum, the following applicable information:
a) Data date
b) Activity number and description
c) Predecessor and successor activity and numbers and descriptions d) Activity codes
e) Scheduled, or actual and remaining durations (workdays) for each activity f) Earliest start (calendar) date
67 g) Earliest finish (calendar) date
h) Actual start (calendar) date
i) Actual finish (calendar) date
j) Latest start (calendar) date
k) Latest finish (calendar) date
l) Free float (working days)
m) Total float (working days)
n) Percentage of activity completed and remaining duration for incomplete activities. o) Lags
p) Required constraints.

Schedule submittals will only be considered complete when all documents and data have been provided as described above.

6-1.1.3 Computer Software. The software shall be the current version of Oracle’s Primavera P6 for Windows or approved equal. If the Contractor proposes to use different software than Primavera, the Contractor shall submit to the Engineer for approval a description of proposed software. All software shall be compatible with the latest Windows operating system.

The Contractor shall furnish schedule software and all original software instruction manuals to the Engineer with submittal of the baseline schedule. The furnished schedule software will be returned to the Contractor upon Project Acceptance.

The Contractor shall instruct the Engineer in the use of the software and provide software support until the contract is accepted. Within twenty (20) Working Days of approval of the Contract, the Contractor shall provide a commercial 16-hour training session and training manuals for 3 City employees in the use of the software at a location acceptable to the Engineer. It is recommended that the Contractor also send at least 3 employees to the same training session to facilitate development of similar knowledge and skills in the use of the software.

6-1.1.4 Schedule Submittals, Network Diagrams and Reports.

The Contractor shall:
a) Submit the Baseline Schedule within twenty (20) Working Days after the approval of the Contract.

Review 6-1.6 for more details on the Baseline Schedule requirements. b) Contractor shall incorporate any revisions deemed necessary by the City after the City’s review of the Baseline Schedule.
c) Once the City approves the Baseline Schedule, the Contractor shall submit two (2) color plots on “E” size sheets (approximately 34” x 44”) of each required schedule, four (4) copies of the schedule in 11” x 17” format. A computer copy of the schedule data in the native file format should also be presented.
d) Submit the Monthly Updated Schedules and reports along with the computer copy of the schedule file, on or within the first working day of each month. The Monthly Updated Schedule shall incorporate the Project’s actual progress (or as-built information) as of the data date indicated on the update into the Baseline Schedule or the latest monthly update as appropriate. e) Submit a 3 -Week Look -Ahead Schedule weekly and at every progress meeting during construction.
68 f) Submit Final As-Built Schedule upon completion of the entire Project.

6-1.1.5 Baseline Schedule. The Contractor shall submit to the Engineer a baseline schedule within ten (10) days after the date of the City’s execution of the Contract. The Contractor shall allow three (3) weeks for the Engineer's review after the baseline schedule and all support data are submitted.

Beginning the week the baseline schedule is first submitted, the Contractor shall meet with the Engineer weekly to discuss and resolve schedule issues until the baseline schedule is accepted.

The baseline schedule shall include the entire scope of work and shall show how the Contractor plans to complete all work contemplated. The baseline schedule shall clearly identify the activities that define the critical path. Multiple critical paths and near-critical paths shall be kept to a minimum. Not more than 30 percent of the baseline schedule activities shall be critical or near critical, unless otherwise authorized by the Engineer.

The baseline schedule shall not extend beyond the number of Working Days originally provided in these Special Provisions. The baseline schedule shall have a data date of the first working day of the contract and not include any completed work to date. The baseline schedule shall not attribute negative float or negative lag to any activity.

Each baseline schedule submittal shall include the following:
a) A Baseline Narrative report which must include the following information:
1) Explanation of the Contractor’s general approach to this project and an explanation of what the Contractor considers as key factors to successfully complete the project within the contractual time.
2) A brief explanation of where the work will begin and the how the work and crews will flow through the project.
3) Describe how the City ’s jurisdictional requirements regarding working times and lane closures have been factored in the schedule.
4) A general explanation of the anticipated workdays per week, number of shifts per day, number of hours per shift, and holidays observed.
5) A description of problems, risks or issues anticipated. 6) Typical crew sizes and major equipment to be used in the job. 7) Long lead items.
b) Hard copy of the schedule in 11” x 17” format.
c) Color plots in “E” sheet (Approximately 34” x 44”.)

6-1.1.6 Update Schedule. The Contractor shall submit an update schedule and meet with the Engineer to review contract progress, on or before the first day of each month, beginning one month after the baseline schedule is accepted. The Contractor shall allow two (2) weeks for the Engineer's review after the update schedule and all support data are submitted, except that the review period shall not start until any previous month's required schedule is accepted. Update schedules that are not accepted or rejected within the review period will be considered accepted by the Engineer.

The Activity ID and Activity descriptions shall not be changed after the baseline schedule is approved.

If activities need to be added they shall be added as a sub activity under the approved activity from the baseline schedule. The order of activities shall not be changed from the approved baseline schedule. 69 Activity start and end dates may change as needed as long as the original project completion date has not changed.

The update schedule shall have a data date of the last date of the reporting period month or other date established by the Engineer. The update schedule shall show the status of work actually completed to date and the work yet to be performed as planned. The following shall be included with each monthly update:
a) The electronic copy of the schedule file in the native file format. b) Hard copies of the schedule in 11” x 17” format and color plots in “E” sheet size. c) A critical path report, showing only the longest path in the project. d) A list and detailed description of all changes made to the schedule. e) Upon request, the resources dedicated to each activity. f) A narrative report. The narrative report shall be organized in the following sequence with all applicable documents included:
1) Contractor’s transmittal letter.
2) Work completed during the period.
3) Identification of unusual conditions or restrictions regarding labor, equipment or material; including multiple shifts, 6-day work weeks, specified overtime or work at times other than days or hours.
4) Description of the critical path method.
5) Changes to the critical path and scheduled completion date since the last schedule submittal.
6) Description of the problem areas.
7) Current and anticipated delays:
(a) Cause of Delay.
(b) Impacts of delay on other activities, milestones and completion dates. (c) Corrective action and schedule adjustments to correct the delay. 8) Pending Items and status thereof:
(a) Permits
(b) Change Orders
(c) Time adjustments
(d) Non-compliance notices
9) Reasons for an early or late schedule completion date in comparison to the contract completion date.

6-1.1.7 Look-Ahead Schedule. The Contractor shall prepare and issue a 3-Week Look Ahead schedule to provide a more detailed day-to-day plan of upcoming work identified on the Baseline/Monthly Update. Each task in the Look Ahead Schedule shall be referenced back to a relevant Activity ID on the Master Schedule (Either the Baseline or the latest Monthly Update). Activities shall not exceed five (5) Working Days in duration and have sufficient level of detail to assign crews, tools and equipment required to complete the work. The Contractor shall update this schedule weekly.

70 6-1.1.8 Time Impact Analysis (TIA). The Contractor shall submit a written TIA to the Engineer with each request for adjustment of contract time, or when the Contractor or Engineer consider that an approved or anticipated change may impact the critical path or contract progress. The Contractor shall submit the TIA for review within ten (10) Working Days after the date of the alleged delay impact to the schedule or within ten (10) Working Days after receiving a written request for TIA from the Engineer.

Delays of any non-critical Work shall not be the basis for an extension of Contract time until the delays consume the float associated with that non-critical work activity and cause the work activity to become critical. The City will not grant time extensions unless substantiated by the CPM Schedule, and then not until the project float becomes zero. If the Contractor fails to submit a TIA within the aforementioned time specified, then the City shall deem the Contractor to have agreed that there is no time impact, and that the Contractor has irrevocably waived its rights to any additional Contract time.

If it is observed that the resources identified for an activity are not utilized for said activity no time extension shall be granted. If the contractor is dedicating the identified resources for an activity and the production rate does not meet the anticipated schedule the contractor shall adjust resources to meet the production rate anticipated and adjust future activities resources to match the observed production rates.

Failure by the contractor to adjust resources to meet their approved construction schedule production rates shall not be justification for time extensions and none shall be granted.

For each TIA the Contractor shall provide information justifying the request and stating the extent of the adjustment requested for each specific change or alleged delay. Each TIA shall be in a form and content suitable to the Engineer and include the following:
a) The TIA shall illustrate the impacts of each change or delay on the current schedule completion date or internal milestones, as appropriate.
b) The TIA shall include the resources dedicated to the previous and all impacted activities. If the dedicated resources are shown to have not been utilized for the previous or impacted activities no time extension shall be granted.
c) The TIA shall include a written narrative. The narrative shall detail the proposed methodology for creating the Fragnet, include a chronology of events leading to the delay, and an explanation of how the delay impacted the critical path.
d) The analysis shall use the accepted schedule that has a data date closest to and prior to the event.

If the Engineer determines that the accepted schedule used does not appropriately represent the conditions prior to the event, the accepted schedule shall be updated to the day before the event being analyzed.
e) The TIA shall include an impact schedule developed from incorporating the event into the accepted schedule by adding or deleting activities, or by changing durations or logic of existing activities.

If the impact schedule shows that incorporating the event modifies the critical path and completion date of the accepted schedule, the difference between schedule completion dates of the two schedules shall be equal to the adjustment of Contract time. The Engineer may construct and utilize an appropriate project schedule or other recognized method to determine adjustments in Contract time until the Contractor provides the TIA.

The Contractor shall allow the Engineer 2 weeks after receipt to approve or reject the submitted TIA. If the TIA is accepted, the contract completion time shall be adjusted accordingly. All approved TIA schedule changes shall be shown on the next update schedule.

If the TIA submitted by the Contractor is rejected by the Engineer, the Contractor shall meet with the Engineer to discuss and resolve issues related to the TIA. If agreement is not reached, the Contractor will be allowed 15 days from the meeting with the Engineer to give notice in conformance with the 71 provisions in Section 3. The Contractor shall only show actual as-built work, not unapproved changes related to the TIA, in subsequent update in schedules. If agreement is reached later, approved schedule changes shall be shown on the next update schedule.

If the Contractor falls behind schedule by five (5) or more days, the Engineer may request a recovery schedule from the Contractor anytime.

6-1.1.9 Final Update Schedule. The Contractor shall submit a final update, as-built schedule with actual start and finish dates for the activities, within thirty (30) Calendar Days after completion of the Work. The Contractor shall provide a written certificate with this submittal signed by the Contractor's project manager and an officer of the company stating, “To my knowledge and belief, the enclosed final update schedule reflects the actual start and finish dates of the actual activities for the project contained herein.” An officer of the company may delegate in writing the authority to sign the certificate to a responsible manager.

6-1.1.10 Retention. The City will retain an amount equal to twenty-five (25) percent of the estimated value of the Work performed during each estimate period in which the Contractor fails to submit an acceptable schedule conforming to the requirements of these Special Provisions as determined by the Engineer. Schedule retentions will be released for payment on the next monthly estimate for partial payment following the date that acceptable schedules are submitted to the Engineer or as otherwise specified herein. Upon completion of all contract work and submittal of the final update schedule and certification, any remaining retained funds associated with this section, “Progress Schedule (Critical Path Method),” will be released for payment. Retentions held in conformance with this section shall be in addition to other retentions provided for in the contract. No interest will be due the Contractor on retention amounts.

6-1.1.11 Payment. Payment for Construction Schedule (resource loaded critical path method) shall be at the contract unit price per Lump Sum and shall include full compensation for furnishing all labor, materials, equipment, and incidentals, including computer software, and for doing all the work involved in preparing, furnishing, and updating schedules, and instructing and assisting the Engineer in the use of computer software, as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer.

Payment for the construction schedule (critical path method) contract item will be made progressively as follows:
a) A total of twenty-five (25) percent of the item amount will be paid upon achieving all of the following:
1) Completion of five (5) percent of all contract item work. 2) Software training for City staff.
3) Acceptance of all schedules and any time impact analyses required at the time five ( 5) percent of all contract item work is complete.
b) A total of fifty (50) percent of the item amount will be paid upon completion of twenty -five (25) percent of all contract item work and acceptance of all schedules and time impact analyses required at the time twenty five (25) percent of all contract item work is complete. c) A total of seventy-five (75) percent of the item amount will be paid upon completion of fifty (50) percent of all contract item work and acceptance of all schedules and time impact analyses required at the time fifty (50) percent of all contract item work is complete. d) A total of one hundred (100) percent of the item amount will be paid upon completion of all percent of all contract item work and acceptance of all schedules and time impact analyses required at the 72 time all percent of all contract item work is complete, and submittal of the certified final update schedule.

If the Contractor fails to complete any of the work or provide any of the schedules required by this section, the Engineer shall make an adjustment in the compensation in conformance with the provisions in the Standard Specifications for the work not performed. Adjustments in compensation for schedules will not be made for any increased or decreased work ordered by the Engineer in furnishing schedules.

Should the Contractor fail to meet the requirements under 6-1 of these Special Provisions, the Engineer reserves the right to withhold payment for work being performed. Furthermore, if after notice is given to the Contractor to perform work to meet these requirements, and the Contractor refuses or for any reason fails to perform sufficiently to meet these schedules, City may withhold or deny payment for work being performed.

6-1.2 Commencement of the Work. REVISE to include the following:

The Contractor acknowledges and agrees that time is of the essence in completing the Project in a timely manner as set forth in the Contract Documents.

Prior to issuance of the Notice to Proceed, the Contractor must submit the Contract, Bonds, and Insurance documents listed in 1-7.1 within the time frame specified.

The Contract Time shall commence upon the project start date identified in the Notice to Proceed issued to the Contractor. The Contractor shall not begin any Construction Work on this project prior to this date.

Work on non- construction items such as Traffic Control Plans, CMS signs placement, and Public Notification may begin before the date identified in the Notice to Proceed, if approved by the Engineer.

Work shall not commence prior to approval of a Baseline Construction Schedule by the Engineer. The Contractor’s failure to submit an acceptable Construction Schedule prior to the project start date identified in the Notice to Proceed shall not entitle the contractor to an extension of time or additional working days.

In the event a Notice to Proceed has not been issued within sixty (60) days from the Award of the Contract due to failure of the Contractor to submit or correct the required documents, the Contract time shall commence on the 61st day after award and each day thereafter will be charged against the Contract time in accordance with Section 6-3.2.

The Contractor shall notify the Engineer of his intent to begin work at least two (2) W orking Days prior to the start of any scheduled or rescheduled work.

(FOR DESIGN AND CONSTRUCTION SERVICES PROJECTS USE THIS FOR WORK IN THE

RESORT AREA)
6-1.2.3 Work Scheduling – Resort Area and Platinum Triangle Area Construction Blackout Dates A portion of the P roject (ADD PROJECT LOCATION) is located within the City of Anaheim Resort Area (or Platinum Triangle Area (PT)). Work requiring the use of traffic control devices in public right - of-way within the Resort Area (or Platinum Triangle Area) is subject to construction blackout dates based on events and resort activities. Black out days are defined as days that the Contractor is not allowed to work due to planned special events that impact traffic circulation. Blackout days require a shutdown of all construction activities and are shown in the monthly event calendar included in Appendix X (REQUEST THE LATEST VERSION OF THE SCHEDULE FROM TMC AND INCLUDE IN APPENDICES) .

Additional future blackout dates will be provided when they become available.

The Contractor working in the Anaheim Resort Area or Platinum Triangle Area is required to coordinate and schedule all construction activities through Traffic Management Center (TMC). This is done to 73 maintain traffic congestion to an acceptable operating level as well as to prevent construction projects that have conflicting closure or traffic control requirements. Since all construction activities and traffic control plans within this area must be app roved by TMC staff, the Contractor is required to attend weekly TMC event coordination meetings. Representatives from Disney, the Convention Center, and Anaheim Stadium are invited to these meetings to discuss planned events and schedules.

TMC staff may be contacted at:
[email protected]
(714) 765-5202

Event coordination meetings are held each Wednesday at 2:30 PM at 201 South Anaheim Boulevard, Suite #502. Until further notice, the in-person weekly event coordination meeting has been postponed.

The Contractor shall coordinate with the TMC staff by phone or e-mail.

The City allows emergency repairs and may allow limited work for special circumstances during blackout days with TMC staff approval. The City reserves the right to shut down the Contractor’s operations provided that a 48- hour notice is given to the Contrac tor. The Contractor shall schedule the work as necessary to comply with schedule restrictions from construction blackout dates. The City will grant one working day for each future additional blackout day not included in the event schedule (MAKE SURE THIS IS ADDED TO THE APPEDNICIES) if additional time is required to complete the construction work within City of Anaheim Resort Area or Platinum Triangle Area.

ADD the following:
6-1.3 Order of Work Requirements. When required by these Special Provisions or the Plans, the Contractor shall follow the sequence of operations and restrictions as set forth therein.

The Work shall be performed in conformance with the staging of construction shown on the Plans and indicated below. Subject to approval by the Engineer, non- conflicting work in subsequent stages may proceed concurrently with work in preceding stages, provi ded satisfactory progress is maintained in the preceding stages of construction. The Engineer’s approval of any Contractor -requested modifications to the order of work or staging of the work shall not be grounds for a Change Order request or time extension request by the Contractor. If the Contractor deviates from the specified order of work or the staging plans, it does so at its own risk and shall assume all time impacts and cost associated with such deviations.

(INSERT ORDER OF WORK AND/OR STAGE CONSTRUCTION AND INTERNAL MILESTONES

IF APPLICABLE)
The order of work described below is not intended to include all work items necessary to complete a particular construction stage and serves to only summarize the order of major work items. a)
b)

(INSERT FOR NEIGHBORHOOD PROJECTS)
ADD the following:
6-1.4 Scheduling Restrictions and Construction Requirements.

The Contractor shall not become engaged in simultaneous construction of major operations as defined in this Section 6-1.

a) The Contractor shall be considered as engaged once he has begun construction of a defined Major Work Item within a Neighborhood or Zone and shall continue to be considered e ngaged until he is disengaged as defined herewith.
74 b) The Contractor shall be considered as disengaged upon completion of all planned work of a particular Major Work Item, if he is not still engaged due to other Major Work Items under construction within that Neighborhood or Zone.
c) Restricted Zones shall be considered Unrestricted for the remainder of the project upon completion of all planned work for all Major Work Items within the Neighborhood area.

The following scheduling restrictions and construction requirements shall apply to the Baseline Schedule, all revised schedules and for construction of the project throughout the duration of the contract, unless otherwise explicitly authorized by the Engineer.

a) Working Hours and Lane Requirements shall be as indicated in the Right -of-Way permit issued by Engineering Subdivisions/Development.
b) The Contractor shall complete all work on all streets within 600 feet of a school prior to starting any other work; this work shall be reflected in the critical path schedule with consideration to open access to schools and businesses during normal business hours. c) The Contractor shall complete all PCC construction prior to starting any Asphalt Concrete (HMA) Paving or Slurry operations within a neighborhood.
d) Contractor shall complete all HMA Paving operations prior to starting any Slurry Seal operations within a neighborhood.
e) When spreading slurry seal or paving asphalt concrete, the Contractor shall schedule all resurfacing work for any street segment in consecutive workdays. The Contractor shall not be allowed to spread slurry or pave half of a roadway without having scheduled the remaining portion of the roadway for the next workday.
f) The Contractor shall complete all PCC construction on the Left or Right half of any street centerline before starting construction on the opposite side of street centerline. g) The Contractor shall not restrict driveway access to resident’s driveway(s) and alleys, except during reconstruction of the driveway, but only during normal daily construction working hours and after providing a minimum of 48-hour notice to the resident(s). The Contractor shall provide safe driveway access to residents outside normal working hours with approved construction methods, such as steel plates or other methods approved by the Engineer. h) The Contractor shall not schedule work for more than one local/residential street at the same time, without prior explicit approval by the engineer.
i) The Contractor shall not schedule any work on local/residential streets on the same day as refuse collection. It shall be the sole responsibility of the Contractor to research what days refuse collection occurs. The Contractor shall be responsible for coordinating with the refuse collection contractor and shall schedule accordingly.
j) The construction schedule shall allow residents along the affected streets ample "on street" parking within 500 feet distance from their homes. For this purpose, adjacent streets shall not be scheduled for the same day, without explicit approval by the engineer. k) The Contractor shall not schedule more than 1,500 Tons of HMA Overlay paving per workday within the permitted Working Hours, without prior written approval by the Engineer. l) Other Scheduling Restrictions and Construction Requirements by other sections of the Standard Specifications and the Special Provisions.
75 m) The contractor may propose an order of work that will benefit the project as determined by the Engineer.

All costs of complying with these requirements and restrictions for the Work as specified herein shall be considered as included in the Contact Unit Price for each item in the Bid.

6-2 PROSECUTION OF THE WORK. REVISE to include the following:

The major order of work for roadway construction projects shall be as follows: a) Subsurface installations, b) PCC construction, c) Asphalt Concrete Pavement (HMA), d) Slurry Seal, and e) Traffic Striping.

The Contractor, and all Subcontractors, shall limit all construction activity and operations to the City Right-of-Way. The Contractor shall, prior to conducting work on any occupied property within the project area, confirm with the City Representative the location of the City’s R ight of Way, location of other Agency Permit work, and the extent of any applicable T emporary Construction Easements or areas covered under a Right of Entry, which serve as the permissible bounds of construction activity. No person, or construction act ivity, shall pass beyond or engage in any construction- related activity outside of the defined Temporary Construction Easements or Right of Entry area , and the Contractor shall monitor its personnel, and the personnel of its subcontractors, to assure compliance with this provision. The prohibition on construction- related activity beyond the defined City Right of Way, Temporary Construction Easements, or Right of Entry area includes work for the sidewalk, landscaping and slough walls, etc., and extends to prohibit storage of materials or vehicles, including parking or storage of vehicles of employees, and any utilization of private property for staging, storage, or any other purpose.

The Contractor shall coordinate scheduling, submittals, and the Work to provide an efficient and orderly sequence of construction elements with provisions for accommodating items to be installed later.

In addition to weekly progress meetings, as required by the City , the Contractor shall hold coordination meetings and pre -installation conferences with City Representatives and Subcontractors to ensure coordination of the Work.

6-4 DELAYS AND EXTENSIONS OF TIME.
6-4.2 Extension of Time. REVISE to include the following:

The City may extend the time fixed for completion of the Work under the Contract from time to time. All applications for extensions of time shall be in writing and shall be filed with the City before the expiration of the original time fixed in the Contract or as previously extended.

An extension of time may be granted by the City after the expiration of the time originally fixed in the Contract or as previously extended, and the extension so granted shall be deemed to commence and be effective from the date of such expiration. Any extension of time shall not release the sureties upon any bond required under the Contract nor effect forfeitures due to delay.

No additional compensation will be allowed due to just the extension of contract time for delays that are not part of an approval change order that includes compensation.

6-4.4 Written Notice and Report. DELETE in its entirety and SUBSTITUTE with the following:

If the Contractor desires an extension of time, it shall file with the City a written time extension notice within three (3) Calendar Days after the beginning of the delay. Time extensions related to the delay will be determined by the Engineer based on the impact on the critical path of the project.

Within fifteen (15) Calendar Days of the Contractor’s first -time extension notice, the Contractor shall submit to the City a full and written detailed change order request, which fully documents the amount of 76 time to be claimed. The change order for time extensions shall include an “impacted” schedule showing the effect of the claimed delay event on the critical path and contract completion dates. Any change order for extension of time shall fully document the Contractor’s request for time extensions pursuant to the requirements of the Contract Documents. The Contractor’s failure to submit the above-described written change order request to the City within fifteen (15) Calendar Days of the original commencement of the delay, shall constitute a waiver of the Contractor’s claim for a time extension.

If the Contractor desires a payment for delay per 6-4.3, it shall file with the City a written notice of its intent to make a claim for such payment within three (3) Calendar Days after the beginning of the delay.

Any payment for the delay will be as set forth in 6-4.3.

Additionally, within three (3) Calendar Days after the beginning of the delay, the Contractor shall submit to the City a written notice containing a good faith estimate of the payment it will seek for each day of delay. If the Contractor cannot make a good faith estimate of the payment it will seek for each day of delay, it shall submit within three (3) Calendar Days after the beginning of the delay a full explanation as to why it cannot make a good faith estimate of the payment it will seek for each day of delay.

6-6 SUSPENSION OF THE WORK.
6-6.1 General. DELETE in its entirety and SUBSTITUTE with the following:

The Engineer shall have the authority to suspend the Work wholly or in part, for any time period as the Engineer deems necessary in the interest of City, for City’s convenience, or due to the failure on the part of the Contractor to carry out orders given, or to perform any provision of the Contract. The Contractor shall immediately comply with the written order of the Engineer to suspend the Work wholly or in part.

The suspended work shall be resumed as ordered or approved in writing by the Engineer.

Resumption of work shall be predicated on receipt of the following from the Contractor:
a) A revised schedule showing each task yet to be accomplished and the timeline to accomplish each – until final completion.
b) The work force projections attached to each task are listed per workweek. c) The cost expenditures attached to each task are summarized for each workweek. d) Lien releases from each subcontractor, supplier, and vendor to which the Contractor has requested materials, equipment or any other service recognizing the payments received. e) An Income and Expense Statement projecting how the Contractor will finance the remainder of the project.

Such suspension shall be without liability to the Contractor on the part of the City except as otherwise specified in 6-4.3. For purposes of 6-4.3, delays resulting from suspensions ordered by the Engineer due to the failure on the part of the Contractor to carry out orders given, or to fulfil any provision of the Contract, shall not be delays for which the City is responsible.

If a suspension of Work is ordered as provided above, the Contractor, at the Contractor's expense, shall do all the work necessary to provide a safe, smooth, and unobstructed passageway through construction for use by public traffic during the period of that suspension as provided in 5-7, and as specified in these Special Provisions. If the Contractor fails to perform the work above specified, the City will perform that work and, if the suspension is due to Contractor’s failure to carry out orders given or to perform any provision of the Contract, the cost thereof will be deducted from monies due or to become due the Contractor.

77 If a suspension of work for cause is ordered by the Engineer, in accordance with this subsection, the days on which the suspension order is in effect shall be considered working days if those days are working days within the meaning of the definition set forth in 6-3.2.

The suspension of Work shall not relieve the Contractor of the responsibilities as set forth in the Contract Documents.

It is understood that the City may require temporary omissions and “leap frogging” of portions of the work at locations to be designated by the Engineer. All fill-in and “come back” required for those previously omitted areas or openings shall be completed at the direction of the Engineer and all costs are to be included in the various items of work and no additional payment shall be allowed.

6-7 TERMINATION OF THE CONTRACT FOR DEFAULT. REVISE to include the following:

In the event this Contract is terminated for grounds which are later determined not to justify a termination for default, such termination shall be deemed to constitute a termination of the contract for convenience pursuant to 6-8.

6-8 TERMINATION OF THE CONTRACT FOR CONVENIENCE. DELETE in its entirety and SUBSTITUTE with the following:

The City reserves the right to terminate the Contract at any time upon a determination by the Engineer that termination of the Contract is in the best interest of the City.

If the City elects to terminate the Contract, the termination of the Contract and the total compensation payable to the Contractor shall be governed by the following:
a) The Engineer will issue the Contractor a signed written notice, specifying that the Contract will be terminated. Upon termination of the Contract, the Contractor will be relieved of further responsibility for damage to the Work (excluding materials) as specified in 4-2 of the Standard Specifications, 5-9 of these Special Provisions and, except as otherwise directed in writing by the Engineer, the Contractor shall:
1) Stop all work under the Contract except that specifically directed to be completed prior to Acceptance.
2) Perform work the Engineer deems necessary to secure the project for termination. 3) Remove equipment and plant from the site of the Work. 4) Take action that is necessary to protect materials and Work from damage. 5) Notify all Subcontractors and suppliers that the Contract is being terminated and that their contracts or orders are not to be further performed unless otherwise authorized in writing by the Engineer.
6) Provide the Engineer with an inventory list of all materials previously produced, purchased or ordered from suppliers for use in the Work and not yet used in the Work, including its storage location, and such other information as the Engineer may request. 7) Dispose of materials not yet used in the Work as directed by the Engineer. It shall be the Contractor's responsibility to provide the City with good title to all materials purchased by the City hereunder, including materials for which partial payment has been made as provided in 7-3.2 and with bills of sale or other documents of title for those materials. 8) Subject to the prior written approval of the Engineer, settle all outstanding liabilities and all claims arising out of subcontracts or orders for materials terminated hereunder. To the extent directed by the Engineer, the Contractor shall assign to the City all the rights, title, 78 and interest of the Contractor under subcontracts or orders for materials terminated hereunder.
9) Furnish the Engineer with the documentation required to be furnished by the Contractor under the provisions of the Contract including, on projects as to which Federal funds are involved, all documentation required under the Federal requirements included in the Contract.
10) Take other actions directed by the Engineer.
b) Acceptance of the contract as hereinafter specified shall not relieve the Contractor of responsibility for damage to materials. The Contractor shall continue to be responsible for damage to materials after issuance of the Notice of Termination, except as follows:
1) The Contractor's responsibility for damage to materials for which partial payment has been made as provided in 7-3.2 and for materials furnished by the City for use in the Work and unused shall terminate when the Engineer certifies that those materials have been stored in the manner and at the locations the Engineer has directed. 2) The Contractor's responsibility for damage to materials purchased by the City after the issuance of the notice that the Contract is to be terminated shall terminate when title and delivery of those materials has been taken by the City.

When the Engineer determines that the Contractor has completed the Work under the Contract directed to be completed prior to termination and such other work as may have been ordered to secure the project for termination, the Engineer will formally accept the Contract, and immediately upon and after the acceptance by the Engineer, the Contractor will not be required to perform any further work thereon. c) Termination of the Contract shall not relieve the surety of its obligation for any just claims arising out of the work performed.
d) Where City terminates the Contract for City’s convenience and not due to the fault of Contractor, the total compensation to be paid to the Contractor shall be determined by the Engineer based on the following:
1) The reasonable cost to the Contractor, without profit, for all work performed under the contract, including mobilization, demobilization and work done to secure the project for termination. In determining the reasonable cost, deductions will be made for the cost of materials to be retained by the Contractor, amounts realized by the sale of materials, and for other appropriate credits against the cost of the work. When, in the opinion of the Engineer, the cost of a contract item of work is excessively high due to costs incurred to remedy or replace defective or rejected work, the reasonable cost to be allowed will be the estimated reasonable cost of performing that work in compliance with the requirements of the Plans and Specifications and the excessive actual cost shall be disallowed.
2) A reasonable allowance for profit on the cost of the work performed as determined under part (1) above, provided the Contractor establishes to the satisfaction of the Engineer that it is reasonably probable that the Contractor would have made a profit had the Contract been completed and provided further, that the profit allowed shall in no event exceed four (4) percent of the cost.
3) The reasonable cost to the Contractor of handling material returned to the vendor, delivered to the City or otherwise disposed of as directed by the Engineer. 4) A reasonable allowance for the Contractor's administrative costs in determining the amount payable due to termination of the Contract.
79 All records of the Contractor and the Contractor's subcontractors, necessary to determine compensation in conformance with the provisions in this Section 6-8, shall be always open to inspection or audit by representatives of the City after issuance of the notice that the Contract is to be terminated and for a period of three (3) years, thereafter, and those records shall be retained for that period.

After acceptance of the Work by the City, the Engineer may make payments based on interim estimates pending issuance of the final estimate in conformance with the provisions in 7-3.2 and 2-10, when, in the Engineer's opinion, the amount thus paid, together with all amounts previously paid or allowed, will not result in total compensation in excess of that to which the Contractor will be entitled. All payments, including payment upon the final estimate shall be subject to deduction for prior payments and amounts, if any, to be kept or retained under the provisions of the Contract.

THE PROVISIONS IN THIS SUBSECTION 6-8 SHALL BE PHYSICALLY INCLUDED IN ALL SUBCONTRACTS.

6-9 LIQUIDATED DAMAGES. DELETE the third sentence of the first paragraph and the entire second paragraph and SUBSTITUTE with the following:

For each consecutive calendar day more than the time specified for completion of the Work, as adjusted in accordance with 6-4, the Contractor shall pay to the City, or have withheld from monies due it, the sum of $1,000. (CHANGE THE AMOUNT FOR EACH CONTRACT USING CALTRANS

FORMULA)
Execution of the Contract shall constitute agreement by the City and Contractor that $1,000 per Day is the minimum value of the costs and actual damage caused by the failure of the Contractor to complete the Work within the allotted time. Such sum is liquidated damages and shall not be construed as a penalty and may be deducted from payments due to the Contractor if such delay occurs.

SECTION 7 - MEASUREMENT AND PAYMENT

REVISE as follows:
7-2 LUMP SUM WORK. DELETE 2nd paragraph in its entirety and SUBSTITUTE with the following:

The Contractor shall furnish the City a cost breakdown schedule of values “Schedule of Values” for all contract lump sum items. The Schedule of Values shall be submitted to the City Representative for approval within fifteen (15) Working Days after the Contract has been approved. The City Representative, before any partial payment is made for the applicable items involved, will review, and provide acceptance or request modifications for the Schedule of Values in writing.

The Schedule of Values shall be completed and furnished on 8 -1/2” x 11” paper. The Contractor’s standard form will be considered upon request. The Contractor shall determine the quantities required to complete the Work shown on the Plans, maps or any material provided by the City to successfully complete this project. The quantities and their values shall be included in the Schedule of Values submitted to the City Representative for approval. The Contractor shall be responsible for the accuracy of the quantities and values used in the Schedule of Values submitted for acceptance. The sum of the amounts for the line items of work listed in each Schedule of Values for each lump sum item shall be equal to the contract lump sum price bid. Overhead and profit shall be included in each individual line item of work listed in a Schedule of Values . No adjustment in compensation will be made in the contract lump sum prices due to differences between the items or quantities shown in the cost breakdowns furnished by the 80 Contractor and the items or quantities required to complete the Work as shown on the plans and as specified in these Special Provisions.

Individual line-item values in the accepted Schedule of Values will be used to determine partial payments during the progress of the Work.

7-3 PAYMENT.
7-3.1 General. REVISE to include the following:

It also includes costs such as supervision, labor, equipment, rentals, traffic control measures, lighting needed for night work, materials, consumables, taxes, freights, permits, etc. This language supersedes any other reference to taxes elsewhere in the Contract Documents.

No payment will be made for work which is not in conformance with the requirements of the Contract Documents nor for work performed outside the limits of the Work as specified in the Special Provisions, as shown on the Plans or otherwise approved by the Engineer.

Whenever the Contractor is required to perform work or furnish equipment, labor, tools and materials of any class of work contained in the Plans and Specifications for which no price is fixed in the proposal, it shall be understood that such W ork, Equipment, Labor, Tools, and M aterial shall be provided without extra charge, allowance, or direct payment of any kind. The cost of performing such work or furnishing such Equipment, Labor, Tools, and Materials shall be included in the unit bid prices in the proposal and no additional compensation will be made therefore.

7-3.2 Partial and Final Payment. DELETE the 2
nd paragraph in its entirety and SUBSTITUTE with the
following:

On the workday following the designated closure date for preparation of progress estimates, the Contractor shall submit to the Engineer a written progress estimate based on the contract unit prices or as provided for as in 7-2 of the work that has been satisfactorily completed. However, prior to submitting each monthly progress payment request, the Contractor shall request the City Representative’s approval of the current As- Built Plans. The City Representative’s approval will be a prerequisite to approval of requests for each progress and final invoice payment. The Engineer will then review the estimate and approve it or notify the Contractor of any exceptions. The Engineer will determine and prepare the partial and final payments. No such progress estimate will be required, nor payment be made when the total number of working days is twenty-five (25) or less or when the value of the work totals less than $500.00. Progress payment will, when properly completed as specified, be paid within thirty (30) calendar days of submittal, and it is understood that any delay in the preparation, approval and payment of these demands will not constitute a breach of contract on the City.

ADD the following:
7-3.2.1 City Right to Withhold Certain Amounts and Make Application Thereof.

In addition to the amount, which the City may retain under the above article on progress payments, the City may withhold enough or amounts from any payment otherwise due to the Contractor as in the City’s judgment may be necessary to cover:

a) Payments, which may be past due and payable for just claims against the Contractor or any subcontractors for labor or materials, furnished in or about the performance of the Work on the project under this Contract.
b) Estimated or actual costs for correcting defective work not remedied. c) Amounts claimed by the City as forfeiture due to delay or other offsets. 81 d) Fines related to the Contractor’s performance.
e) Any other amounts the City is authorized to withhold under the Contract Documents or under applicable law.

7-3.3 Delivered Materials. DELETE in its entirety and SUBSTITUTE with the following:

Materials and equipment delivered but not incorporated into the work will not be included in the estimates for progress payment, unless otherwise approved by the Engineer.

7-3.4 Mobilization. DELETE in its entirety and SUBSTITUTE with the following:
7-3.4.1 General. When a Bid item is included in the Bid for “MOBILIZATION”, the costs of work in advance and during construction operations and not directly attributable to any specific Bid item will be included in the progress estimate.

Mobilization shall consist of preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies and incidentals to the Project site and for all other work and operations which must be performed, or costs incurred prior to beginning work on the various Contract items on the Project site and includes demobilization.

7-3.4.2 Measurement and Payment. Mobilization is eligible for partial payment if the Contract includes a bid item for mobilization. Payment for Mobilization will be per the Lump-Sum (LS) price bid and shall include obtaining and paying for all permits and business licenses as required from the City of Anaheim, State of California and other agencies. The Contractor shall comply with the requirements specified by each license or permit. No payment for Mobilization will be made until the Contractor's Construction Schedule has been submitted, reviewed, and accepted and is current. Progress payments for this item shall be paid in accordance with the percentage completion of the project and shall include the costs of such mobilization and administration for the entire contract period including construction schedule as specified in these specifications. Payments shall be made upon the basis of the following:
a) When the monthly partial payment estimate of the amount earned, not including the amount earned for mobilization, is 5% or more of the original contract amount, 25% of the contract item price for mobilization or 5% of the original contract amount, whichever is the lesser, will be included in the estimate for payment.
b) When the monthly partial payment estimate of the amount earned, not including the amount earned for mobilization, is 25% or more of the original contract amount, the total amount earned for mobilization shall be 50% of the contract item price for mobilization or 25% of the original contract amount, whichever is the lesser, and that amount will be included in the estimate for payment. c) When the monthly partial payment estimate of the amount earned, not including the amount earned for mobilization, is 50% or more of the original contract amount, the total amount earned for mobilization shall be 75% of the contract item price for mobilization or 50% of the original contract amount, whichever is the lesser, and that amount will be included in the estimate for payment. d) When the monthly partial payment estimate of the amount earned, not including the amount earned for mobilization, is 90% or more of the original contract amount, the total amount earned for mobilization shall be 90% of the contract item price for mobilization or 90% of the original contract amount, whichever is the lesser, and that amount will be included in the estimate for payment. e) Upon completion of all work on the project, the remaining 10% of the contract item price for Mobilization will be paid.

7-3.5 Contract Unit Prices.
7-3.5.1 General. DELETE 2nd through 4
th paragraphs in their entirety. ADD the following:
82 If a change is ordered in an item of work covered by a Contract Unit Price, an adjustment in payment will be made. This adjustment will be based upon the increase or decrease in quantity at the Contract Unit Price Bid.

7-3.5.2 Increases of More than 25 Percent. DELETE in its entirety.

7-3.5.3 Decreases of More than 25 Percent. DELETE in its entirety.

7-3.7 Agreed Prices. DELETE in its entirety and SUBSTITUTE with the following:

Agreed prices shall be negotiated before commencement of the changed work. If a mutual agreement cannot be reached, the Engineer may direct the Contractor to proceed based on Extra Work.

7-3.8 Eliminated Items. DELETE the first paragraph in its entirety.

ADD the following:
7-3.9 Allowance to Accommodate Unknown and Unforeseen Site Conditions on a Time and Material Basis as Directed by the Agency.

Payment for conformance to the requirements of this bid item shall be made on a Time and Material (TM) basis as agreed upon between the Contract Administrator and Contractor, and shall be considered as full compensation for furnishing all labor, materials, equipment and incidentals necessary to complete the additional agreed upon work. No additional compensation shall be allowed therefore.

7-4 PAYMENT FOR EXTRA WORK.
7-4.2 Basis for Establishing Costs.
7-4.2.1 Labor. DELETE in its entirety and SUBSTITUTE with the following:

Labor payment shall be the full compensation for the cost of labor used in the direct performance of the work plus markup as established in Sections 7-4.3.1. The labor payment consists of:

a) Employer payment to the worker (per certified payroll and per Department of Industrial Regulations and Federal guidelines) for:

FRINGES:
1) Basic hourly wage
2) Health and welfare
3) Pension
4) Vacation and Holiday
5) Training
6) Other State and federal recognized fringe benefit payments

b) Labor surcharge percentage as, “additional work” as defined in “Labor Surcharge and Equipment Rental Rates” of the State of California Department of Transportation (Caltrans) shall be 10% or at current published rate at time of work.
1) Worker’s compensation insurance
2) Social security
3) Medicare
83 4) Federal unemployment insurance
5) State unemployment insurance
6) State training taxes

c) Subsistence and travel allowances paid to the workers, subject to the professional requirements from the collective bargaining agreement.

d) Employer payment to superintendent, if authorized by the Engineer.

7-4.2.3 Tool and Equipment Rental. DELETE the 2nd paragraph and SUBSTITUTE with the following:

Regardless of ownership, the rates to be used in determining equipment rental costs shall not exceed those listed in the current edition of the “Labor Surcharge and Equipment Rental Rates” of the State of California Department of Transportation (Caltrans)
https://dot.ca.gov/programs/construction/equipment-rental-rates-and-labor-surcharge at the time the work is performed.

7-4.3 Markup.
7-4.3.1 Work by Contractor. DELETE in its entirety and SUBSTITUTE with the following:

A markup of fifteen percent (15%) shall be added to the Contractor’s costs for all items 1 through 6, inclusive of Section 7-4.2.1. Already inclusive of this markup are the following charges:
a) Home office overhead
b) Field office overhead
c) Profit
d) Labor liability insurance
e) Other fixed or administrative costs that are not costs of labor used in the direct performance of the work
f) Bond

Labor payment and markup as determined under Section 7-4.2.1 and Section 7-4.3 shall constitute the Contractor’s only payment for all overhead of any type and profit on “extra work”.

No other additional overhead and profit shall be paid unless approved by the Engineer.

7-4.3.2 Work by Subcontractor. DELETE in its entirety and SUBSTITUTE with the following:

When a subcontractor performs all or any part of the extra work, the markup established in 7-4.3.1 shall be applied to the subcontractor’s actual cost of such work and shall constitute its only payment for all overhead of any type and profit. The Contractor shall receive an additional markup, not to exceed five percent (5%), for all its overhead and profit on the “extra work” performed by the Subcontractor.

7-4.4 Daily Reports. REVISE to include the following:

The Contractor shall notify the City Representative at the beginning of each day when extra work is in progress. No payment will be made for work not verified by the City Representative.

(INSERT THE FOLLOWING IF APPLICABLE)
ADD the following:
84 7-6 CONTRACTOR’S COST FOR ADMINISTRATION AND COMPLIANCE OF COMMUNITY WORKFORCE AGREEMENT (CWA). This item shall include all costs associated with Contractor’s administration and compliance for the fulfillment of the CWA requirements.

Payment for conformance to the requirements of this CWA bid item shall be made at the Contract bid per Lump Sum (LS) price bid and shall be considered as full compensation for furnishing all labor, materials, equipment, and incidentals necessary to complete the work. No additional compensation shall be allowed therefore.

SECTION 8 – FACILITIES FOR AGENCY PERSONNEL

(INSERT IF A FIELD OFFICE IS REQUIRED)
8-1 GENERAL. ADD the following after the 4
th paragraph:

Prior to installation of field office, the Contractor shall consult with City Representative on location, access and related facilities. The facilities shall be structurally sound, weather tight, with floors raised above ground.

At the Contractor's option, portable or mobile buildings may be used. Mobile homes, when used, shall be modified for office use. Mobile homes shall not be used for living quarters.

The Contractor shall pay fees and charges for applications, permits, and building inspections.

The Contractor shall fill and/or grade site for temporary structures to provide surface drainage.

Construct temporary field office on proper foundations, provide connections for utility services. Provide secure portable or mobile buildings with security lighting, alarms, or cameras. Provide steps and landings at entrance doors.

With approval from the City Representative, the Contractor shall remove the temporary field office, contents and services when no longer needed. The Contractor shall remove foundations and debris and restore site to required elevations and clean the areas.

8-2.1 Class “A” Field Office. ADD the following before the 1 st paragraph:

The office for City Representative shall be a separate space for sole use of the City with a lockable entrance door and two (2) keys.

Interior lighting shall be provided at desk and table. Exterior lighting shall be provided at the entrance door.

(INSERT IF FIELD OFFICE IS NOT REQUIRED)
DELETE SECTION 8 FACILITIES FOR AGENCY PERSONNEL in its entirety.

85 PART 2 - CONSTRUCTION MATERIALS

SECTION 201 - CONCRETE, MORTAR AND RELATED MATERIALS

REVISE as follows:
201-1 PORTLAND CEMENT CONCRETE.
201-1.3 Mixtures.
201-1.3.3 Concrete Specified by Class and Alternate Class. REVISE to include the following:

For 2500 class concrete, a prequalified mix design may be used in accordance with the provisions of ACI 318-71, section 4.2.2.1 in which f’c = 2500 psi.

Street Drainage Cross Gutter and Alley Drainage Cross Gutter and spandrel PCC shall be a Concrete Class to achieve a minimum compressive strength of 3,250 psi.

When identified in the plans, high early strength PCC shall achieve 2500 psi within 24 hours of placement for areas with urgent need to place back in service. Examples include bus pads, cross gutters, driveways, driveway approaches, PCC intersections, alleys with limited access to garages, etc… Contractor shall submit mix design for approval prior to ordering or placing of mix.

SECTION 203 - BITUMINOUS MATERIALS

REVISE as follows:
203-6 ASPHALT CONCRETE.
203-6.1 General. DELETE in its entirety and SUBSTITUTE with the following:

Asphalt concrete to be used III-C3 PG 64-10 for finish surface course and III-B2-PG-64-10 for base course conforming to the SSPWC. Any other asphalt concrete mix used shall be subject to prior approval by the Engineer. Unless otherwise specified in the Special Provisions or shown on the Plans, asphalt concrete mixtures shall conform to 203-6.4.

• Finish Surface Coarse: C3-PG-64-10-R0
• Base Coarse: B2-PG-64-10-R25

The asphalt concrete in the base course shall be the product of mixing mineral aggregate and up to 25 percent reclaimed asphalt pavement (RAP) with asphalt binder at a central mixing plant.

Finish surface course mix design shall not consist of any reclaimed asphalt pavement (RAP).

Crushed aggregate data is required, and it shall be submitted with respective mix designs.

Coarse aggregate shall consist of material of which at least 75% by weight shall be crushed particles.

Performance Graded (PG) asphalt binder shall conform with Section 203-1.

86 SECTION 208 – PIPE JOINT TYPES AND MATERIALS

REVISE as follows:
208-2 JOINTS FOR CLAY PIPE.
208-2.1 General. REVISE to include the following:

Only the following types of joint materials will be permitted for vitrified clay pipe: “D” and “G”.Type “G” joints shall be used whenever possible. Type “D” joints shall only be used upon approval by the Engineer.

SECTION 214 - TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS,

AND PAVEMENT MARKERS

REVISE as follows:
214-1 GENERAL. REVISE to include the following:

All traffic striping material (including pavement markers) shall conform to Caltrans Standard Specifications Latest Edition, MUTCD latest Edition and any supplements therein.

214-5 THERMOPLASTIC MATERIAL FOR TRAFFIC STRIPING AND MARKINGS. 214-5.1 General.

REVISE to include the following:

Thermoplastic material shall not exude fumes, which are toxic, obnoxious, or injurious to persons or property when heated during application.

214-6 PAVEMENT MARKERS.
214-6.1 Type of Markers. REVISE to include the following:

Two-way blue pavement markers shall be installed for all fire hydrants per City Standard Detail 457.

214-6.4 Retroreflective Pavement Markers.

REVISE to include the following:

Retroreflective raised pavement markers shall be either "one -way clear", "one -way yellow", "two -way clear", "two -way yellow", "red/clear", or "two -way blue", specified accordingly as per layout and installation details.

214-7 ADHESIVES FOR PAVEMENT MARKERS.
214-7.2 Epoxy Adhesives.
214-7.2.1 General.

REVISE to include the following:

All epoxy adhesive for pavement markers shall conform to the California Department of Transportation (Caltrans) Standard Specifications, Latest Edition.

ADD the following section:

SECTION 220 - TRAFFIC SIGNING

220-1 SIGN MATERIAL
All work shall conform to detail drawings as shown on the plans and as specified in City Standard Detail 426, Section 82 of the State of California Department of Transportation (Caltrans) Standard Specifications, Latest Edition, and these Special Provisions.

87 All signs shall be standard size and color as specified in the MUTCD, latest edition, unless otherwise specified by the Engineer.

All new signs to be installed shall be the international symbol (if available) unless otherwise specified.

All signs shall be aluminum panel not less than 0.125 inch thick, 6061-T6 or 5052-H38 Alloys. Exceptions are Type L, K and street name signs which shall be 0.125 inch thick, radius corners 1/2 inch. Aluminum base metal shall be cleaned, deoxidized, and coated with a light tightly adherent chromated conversion coating free of any powdery residue. For installation of signs that are 36" or larger and/or sign combinations, a brace is used for strength (3/16"x1"x30" or 36" brace).

All sign facings shall be manufactured of high intensity grade, encapsulated lens sheeting, (Hi -Intensity or equal) except for R26 signs which shall be Engineering Grade material (enclosed lens). All signs which could result in a moving violation shall be high intensity. All signs provided under this CONTRACT shall include an anti-graffiti film overlay. Protective overlay shall be 3M Series 1160A overlay or approved equivalent. The anti-graffiti overlay shall be considered as included in the price bid for the item of work and no additional payment will be made therefore.

220-2 SIGN POSTS
Sign posts and anchor post assembly shall be pursuant to City Standard Detail 426. Sign posts shall be Square perforated steel tube with break-away base, “telspar” or equal. Anchor posts assembly shall consist of a 2 ½" square by 2’ 6” anchor post.

88 PART 3 - CONSTRUCTION METHODS
SECTION 300 - EARTHWORK

300-1 CLEARING AND GRUBBING.
300-1.1 General. REVISE to include the following:

Areas to be cleared shall be limited to the immediate construction area only and shall not include the entire right-of-way.

Demolition and removal of irrigation equipment and other items not mentioned that are required are part of this work in the section.

All tree roots will be pruned in a clean matter on either side of any damaged concrete facility to be replaced to get the new concrete facility back in proper place. Up to six (6) inches of root pruning on either side of the concrete surface is allowed to install a form board back in place. Root pruning depth for sidewalks, curb ramps, and driveways will be the minimum of four (4) inches below sub-grade, curb and gutter, cross gutter, and street area depth will also be the maximum of four (4) inches below sub-grade, or as directed by the Engineer.

Root pruning equipment shall be specifically designed for this purpose with cutting teeth sharpened to sever roots in a clean manner.

Should the Contractor create a hazardous condition in the sole judgment of the Engineer the Contractor shall remove the tree and replace it with a specimen of the same species and value at the Contractor’s expense.

All significant root pruning (3-inch diameter and larger) shall be performed under the direct supervision of an ISA Certified Arborist in the Contractor’s employ.

Contractor shall notify the Engineer of any damaged or non- salvageable materials prior to commencing any removal or grading operations. Materials found to be damaged after work commences shall be assumed the responsibility of the Contractor. The Contractor will not be paid for the replacement or repair of facilities or equipment believed by the Engineer to be damaged after the work commences.

Payment for temporary trench resurfacing shall be included in the various items of work and no additional payment will be allowed.

300-1.4 Payment. DELETE in its entirety and SUBSTITUTE with the following:

Full compensation for conforming to the requirements of this section shall be considered as included in the price bid for the various items of work and no additional payment will be made therefore.

Concrete Curb, Curb and Gutter, Retaining Curb and Median Curb to be removed and reconstructed shall be paid at the contract price bid per linear foot, and shall include saw cutting, removal including the removal and replacement of the one (1.5) foot of asphalt concrete (per slot paving detail), any necessary grading and compaction, tree root pruning, landscape repairs and replacements as required, disposal, all labor, material, equipment, and incidentals necessary to complete the work as directed by the Ci ty Representative.

Sidewalks, Cross Gutters, Spandrels, Driveways, Masonry Walls, and Alley Gutters to be removed and reconstructed shall be paid at the contract price bid per square foot and shall include saw cutting, removal including the removal and replacement of the one and one half (1.5) foot of asphalt concrete (per slot paving detail), any necessary grading and compaction, tree root pruning, landscape repairs and 89 replacements as required, disposal, all labor, material, equipment, and incidentals necessary to complete the work as directed by the City Representative.

Curb Ramps to be removed and reconstructed shall be paid at the unit price and shall include saw cutting, removal including the removal and replacement of the one (1) foot of asphalt concrete (per slot paving detail), any necessary grading and compaction, tree root pruning, landscape repairs and replacements as required, disposal, all labor, material, equipment, and incidentals necessary to complete the work as directed by the City Representative.

Truncated Domes shall be included at the unit price for Curb Ramps and shall include full compensation for furnishing all labor, tools, materials, equipment and incidentals and for doing all work as required and as directed by the City Representative. Product to be Armor-Tile, Battleship Grey in color, cast-in-place.

300-2 UNCLASSIFIED EXCAVATION.
300-2.2 Unsuitable Materials.
300-2.2.1.1 Removal and Disposal of Materials. REVISE to include the following:

For this project, the Contractor shall make all arrangements for disposal of the material at off-site locations in accordance with all applicable ordinances. No additional compensation will be allowed.

300-2.6 Surplus Material. REVISE to include the following:

All surplus material shall be disposed of in a legal manner at the expense of the Contractor. Contractor shall make all arrangements for disposal of the material at off -site locations in accordance with all applicable ordinances. Refer to Section 3- 12 contained in these Special Provisions, Anaheim Municipal Code, and Chapter 10.10.

SECTION 302 - ROADWAY SURFACING
REVISE as follows:
302-4 SLURRY SEAL SURFACING.
302-4.2 Mix Design(s).
302-4.3 Emulsion-Aggregate Slurry (EAS)
302-4.3.2.2 Emulsified Asphalt. REVISE to include the following:

Emulsified asphalt for EAS shall be cationic and shall be designated CQS -1h and shall conform to the requirements of Section 203-3.

Emulsified asphalt shall be latex modified; latex shall be Ultrapave UP -65K by the Textile Rubber & Chemical Co., Inc., or approved equal. The latex shall be added to the emulsified asphalt at the asphalt plant at the rate of 3% by volume. Field addition of polymer/latex shall not be allowed.

302-4.6 Continuous-Flow Mixers.
302-4.6.1 General. DELETE in its entirety and SUBSTITUTE with the following:

The mixing machine shall comply with maximum axel loadings and City of Anaheim weight restrictions and shall not carry excessive amount of materials exceeding the GVW rating recommended by the equipment manufacturer.

The mixing machine shall be designed and manufactured to lay slurry seal with a minimum aggregate capacity of eight (8) cubic yards to reduce the number of transverse joints. The slurry seal mixing equipment shall be a continuous flow mixing unit, capable of delivering accurately predetermined 90 proportions of aggregate, asphalt emulsion, and mineral filler (if required) to a revolving spiraled multi - blade mixer and of discharging the thoroughly mixed product on a continuous basis. The mixing unit shall be capable of thoroughly blending all ingredients together. The mixing machine shall be equipped with fines feeder that provides an accurate metering device or method of introducing a predetermined proportion of mineral filler to the aggregate. The fines feeder shall be used only when mineral filler is part of the mix design. The mixing machine shall be equipped with a water pressure system and fog type spray bar. The machine shall be capable of mixing materials at preset proportions regardless of the speed of the machine and without changing machine settings.

The amount of emulsified asphalt as a percentage of aggregate weight for each type of slurry shall conform to the optimum mixing proportions on the approved mix design.

302-4.6.5 Verification Testing. REVISE to include the following:

The Contractor shall mix trial batches for each type of slurry seal required using the approved mix designs and place them at test strips designated by the Engineer. The test strips shall be at least one hundred (100) feet long and same width as the street. Trial Batches shall be scheduled at least two (2) weeks prior to the 1st scheduled day of slurry sealing.

The product’s acceptability will be based upon strict conformance with the Standard Specifications, Special Provisions and on providing enough slurry so that complete coverage is obtained. Lumping, balling, unmixed aggregate, draglines, transverse ridges (washboard appearance), streaks such as caused by oversized aggregates, uneven and excessive longitudinal joint widths, rough handwork, and excessive color variations will be cause for rejection of the trial batches. These criteria shall be used for the acceptance or rejection of all slurry seal placed on this project.

If the mix does not produce an acceptable product, additional trial batches shall be prepared and placed using modified mix designs which must be submitted to the Engineer for approval or modified machine calibrations or both until an acceptable product is produced. The Contractor shall cover unaccepted trial batches with a second application of slurry seal at his own expense.

If the trial batch and test strip are acceptable, the mix design used for that batch will become the approved mix design.

302-4.7 Aggregate Stockpile. REVISE to include the following:

Obtain prior written permission from the property owner and submit it to City Representative at least 48 hours prior to placing materials (stockpiles) or equipment on any private property. Take all necessary precautions to ensure that stockpiles do not become contaminated.

Ensure that all stockpile areas are left in a thoroughly cleaned condition, restored to the pre -stockpiled state, upon completion of slurry operation in the given area.

Throughout the duration of the project, the Contractor shall protect the stockpiled aggregate from contamination by oversized rock, silt, clay, and excessive amount of moisture. Excessively wet aggregate, which exceeds 4% moisture by weight, shall be set aside for drying out to meet the moisture content limit.

Unsuitable or damaged materials shall be removed from the stockpile site within 2 days after notification by the City Representative and disposed of in accordance with California law at Contractor’s expense.

The Contractor shall submit to the City Representative quantity and weight certificates of emulsified asphalt and aggregate on the same day of delivery to the stockpile site.

91 The Contractor shall schedule and coordinate the delivery of emulsified asphalt and aggregate to the stockpile site before 3 p.m. on days when slurry spreading takes place. Advance notification of each delivery shall be given to the City Representative for tracking purposes. Quantity and weight certificates shall be submitted to the City Representative on the same day of delivery.

Before acceptance of the work and final payment, the Contractor shall clean all project sites, the stockpile site, and all grounds occupied by him in connection with the project.

The Contractor shall remove all rubbish, debris, excess materials, temporary structures, and equipment.

All parts of the sites and grounds shall be left in a neat and orderly condition.

Full compensation for protection of work and materials and proper maintenance of the stockpile and work sites shall be considered as included in the unit price bid and no additional compensation will be allowed therefore.

302-4.9 Spreading and Application. ADD the following:
302-4.9.1.1 Pavement Preparation. Immediately prior to crack sealing the Contractor shall sweep and clean the pavement surfaces of all vegetation, dirt, oil deposits, and other objectionable materials. All pavement cracks ¼” or wider shall be cleaned using a wand and compressed air. The co mpressor used shall be a minimum of 90 cfm and equipped with a device to remove moisture from the compressed air.

Air cleaning shall be performed immediately before the application of the crack sealant and shall remove all dust, dirt, oil, and other foreign matter.

Crack sealing material shall be Crafco-Polyflex Type 3 (Part No. 34521) or approved equal. Sealant shall be applied at the recommended pour temperature using either a wand equipped with an applicator disk or a squeegee. The joint shall be filled to the top without the formation of voids. Cracks shall be filled flush with the pavement surface surrounding the cracks and any overfill shall be squeegeed so that there is no overband cap above the surface and the width does not extend beyond the crack edges.

The Contractor shall be responsible for determining the extent of the crack sealing. He shall ensure that sufficient crack sealing is performed to prevent reflective cracking through to the new street surface. Prior to any crack sealing to be performed, the Contractor shall meet with the City Representative in the field to discuss the extent and adequacy of the work as well as the street surface preparation to receive crack sealant.

The Contractor shall be responsible for the removal of all previous slurry seal or other materials on the existing gutter or edge of pavement adjacent to the slurry sealed surface. The City Representative shall approve Method of slurry removal, all such work shall be considered as included in the unit pric e for Slurry Seal, and no additional compensation shall be allowed therefore.

No sooner than the day prior to applying slurry seal, the Contractor shall vacuum sweep and clean the pavement surfaces of all vegetation, dirt, oil deposits, and other objectionable materials. Street sweeping shall also occur on the following day after a street has been slurry sealed without damage to slurry sealed surface to remove all loose aggregates from the street surface and as necessary or directed prior to final acceptance of project.

The Contractor shall be responsible for the removal of raised pavement markers and any existing thermoplastic striping.

The Contractor is to apply a weed killer with a colored dye (pre-emergent) to each visible crack in areas identified to be slurry sealed. The sterilant, systemic weed killer to be used will effectively destroy existing 92 weeds and prevent future seeds for a minimum of two (2) years and a maximum of five (5) years. The Contractor shall submit to the Engineer for approval information literature on the proposed weed killer.

The Contractor is responsible for arranging and ensuring that the City Representative will be present at every location to verify application of weed killer.

Payment for weed killer shall be deemed as included in the bid unit price for slurry seal; in addition, it shall include all necessary work in furnishing and applying the weed killer.

302-4.9.1.2 Slurry Seal Operations. ADD the following:

Before slurry sealing, the Contractor shall place and maintain protective, durable covers over manholes, water valves, monuments, other utility covers. Contractor shall take care to ensure a tightly fitted slurry application around these items to prevent water penetration under the new slurry. After the new slurry has cured and before opening the streets for traffic, Contractor shall clean and expose all utility covers and equipment. The Contractor is responsible for any damage to utility covers or equipment due to inadequate protection.

The mixture shall be spread uniformly by means of a conventional surfacing spreader box attached to the mixing machine having a rubber -like material in contact with the surface to prevent unwanted egress of slurry. It shall prevent loss of slurry on varying grades and crown by adjustments to assure uniform spread.

An appropriate mechanical device for lateral distribution of the slurry shall be operated within the spreader box. There shall be a steering device, a flexible strike -off, and a burlap or other approved drag. The spreader box shall be adjustable to widths from eight (8) to fifteen (15) feet to minimize the number of longitudinal joints. Cured slurry seal mixture shall not be allowed to collect in the spreader box or on the flexible strike-off.

The Contractor shall maintain all equipment in proper working condition. Faulty equipment shall be grounds for suspension of slurry spreading. No adjustment of unit price of any items or increase in compensation shall be allowed for the suspension. The days of suspension caused by faulty equipment shall be counted as working days and the contract completion date shall not be extended.

When slurry sealing roadways, the outermost lanes shall be slurry sealed first and the center lanes last. To prevent any lip edges in the application of slurry seal, the Contractor shall feather the edges. Longitudinal joints shall correspond with the edge s of existing traffic lanes. A maximum of six (6) inches shall be allowed for overlap of longitudinal lane in line joints. Building paper shall be placed at transverse joints, over previously placed slurry seal to avoid double placement of slurry seal. Ridges or bumps in the finished surface will not be permitted.

The Contractor, as necessary, to perform the work, remove spillage and spread slurry in areas inaccessible to the spreader box, shall provide hand squeegees, shovels, hand burlap bags, and other equipment.

Squeegees of all slurry edges require a burlap finish. Any streets with slurry seal overspill onto the gutter shall be cleaned up immediately on the same day as the slurry application.

302-4.9.1.3 Rolling. REVISE toinclude the following:

All types of Slurry Seal applied in this P roject shall be rolled with a pneumatic roller ( rubber tire roller) conforming to 302-2.7.2, with a minimum of three complete passes over the entire slurry seal area prior to opening the road to traffic. A complete pass shall be the movement of a roller in both directions over the same path.

302-4.9.1.4 Sweeping. REVISE to include the following:

The Contractor shall always have a street sweeper at the work site during the Work. The Contractor shall sweep the surface of all slurry sealed streets on at least two (2) occasions (approximately one (1) day and seven ( 7) days after slurry has been in place) to remove loose aggregate. The sweeps shall also be 93 conducted within forty-eight (48) hours of receiving a Notice to Correct from the Inspector or Engineer.

The Contractor shall make complete (curb-to-curb) passes on all scheduled sweeps. The Contractor shall also sweep construction debris and spillage on City streets after each construction day.

302-4.10 Field Sampling and Testing.
302-4.10.1 Field Sampling. DELETE in its entirety and SUBSTITUTE with the following:

During the performance of the work, the Contractor shall hire a laboratory capable of performing the applicable ASTM tests; the laboratory shall take at least two field samples, from separate loads, of mixed slurry seal per slurry truck, per day for testing. WTAT specimens shall be cast and struck off within 60 seconds of obtaining the sample. WTAT specimens shall not be tr ansported until the slurry seal has set as defined by ASTM D3910. The test results shall be delivered to the Engineer directly from the laboratory no later than 72 hours after taking field sample.

Field samples shall conform to the requirements shown in Table 302-4.9.1 (A):

Test Method Requirements Min. Max.

Wet Track Abrasion Test, Weight Loss, gm/ft2
All Types of Slurry Seal ASTM D39101 0 50
Consistency Test (mm) ASTM D39101 20 40
Extraction Test (Calculated Emulsion Content, %) D63072 or CT 3822 ± 1% of mix Design for EAS
Water Content (% of Dry Aggregate) See Note 3 0 Type I, II, and III EAS < 25

1. Modified ASTM D3910 to include No. 4 (4.75mm) aggregate or greater and to be performed using field samples. Subsection 6.4.4.7, ASTM D3910 may be modified to use a microwave oven for drying the specimen after the abrasion cycle is complete and the debris washed off.

2. Modified ASTM 6307 and California Test Method 382 to allow a minimum of 500 ±50-gram sample.

3. Weigh a minimum of 500 grams of homogenized mixed slurry into a previously tared quart can with a friction lid. The lid shall be placed on the can to prevent loss of material during transportation. Place the can with the lid off in an oven and dry to constant mass at 220ºF ±10ºF (110ºC ±5ºC).

302-4.11 Measurement. DELETE in its entirety and SUBSTITUTE with the following:

The basis of measurement for all types of slurry seal shall be measured and paid for by the square yards of surface area completed and accepted as designated by the City Representative for each type applied.

Slurry seal work that has been rejected shall not be measured nor paid for.

302-4.12 Payment. REVISE to include the following:
302-4.12.1 Payment Reduction for Non-Compliance.
302-4.12.1.2 Reduction in Payment Based on WTAT . DELETE in its entirety and SUBSTITUTE with the following:

If the results of the WTATs performed each day fail to conform to the requirements specified in 302-

4.10.1, the Contractor agrees that payment for the Work represented by the failed tests shall be reduced as shown in Table 302-4.12.2.

94 TABLE 302-4.12.2
WTAT Loss gm/ft2 Payment Reduction (Percent)
All Types of Slurry Seal
0-50 0%

50.1-60 5%

60.1-70 15%

70.1-80 30%

80.1-95 70%

95.1 or greater 95%

1. Slurry seal surfacing with WTAT loss greater than 95 gm/ft2 shall be removed by micro-milling, or other method as approved by the City Representative.

For WTAT Loss greater than 80, the City Representative shall have sole discretion in whether to accept slurry seal quantities with payment reductions or shall have the option to reject the work and require the contractor to slurry seal the rejected locations again.

302-4.12.2 Emulsion-Aggregate Slurry Seal Surfacing. DELETE 1st paragraph and SUBSTITUTE with the following:

Payment for accepted quantities of Type I Emulsion Aggregate Slurry and Type II Emulsion Aggregate Slurry complete in place will be paid for at the contract unit price per Square Yard (SY), which price and payment shall be full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in constructing the slurry seal, complete in place, including all testing for field work samples and furnishing the mix design, trial batches and test strips, micro milling, cleaning the surface, rolling, street sweeping, furnishing added water and set -control additives, latex, mixing water with asphaltic emulsion for coating the pavement, application of crack seal material, water, and protecting the seal until it has set, all as shown on the plans, and as specified in the Standard Specifications and the Special Provisions, and as directed by the City Representative.

Payment for accepted quantities of Crack Sealing complete in place will be included under the contract unit price of Type I and II Emulsion Aggregate Slurry per Square Yard (SY), which price and payment shall be full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in crack sealing, including cleaning of cracks to remove all laitance, vegetation, scale, dirt, dust, oil , providing weed killer, application of weed killer and other foreign materials, complete in place, as specified in the Standard Specifications and the Special Provisions, and as directed by the City Representative.

302-5 ASPHALT CONCRETE PAVEMENT.
302-5.8 Tack Coat. DELETE and SUBSTITUTE with the following:

Tack coat material shall be uniformly applied to the surface of the existing pavement immediately prior to the placement of asphalt concrete (including a succeeding lift when constructing in multiple courses).

The contact surfaces of cold pavement joints, curbs, gutters, manholes, and other structures or facilities to be joined shall also be painted with tack coat material immediately prior to the adjoining asphalt concrete being placed.

Tack coat material shall be PG 64 -10 paving asphalt conforming to 203- 1 or SS -1h emulsified asphalt conforming to 203-3. SS-1h emulsified asphalt shall not be diluted beyond a ratio of 1 part water to 1 part original emulsified asphalt (1:1). A Certificate of Compliance for each truckload of emulsified asphalt or 95 paving asphalt shall be provided to the Engineer before the application of tack coat starts. The Engineer may obtain and retain samples for testing.

The full-width of the surface to receive tack coat shall be cleaned with a self -propelled, truck-mounted sweeper equipped with both power brooms and a vacuum system. Loose dirt, sand, dust, and other objectionable material shall be fully removed. The surface to be treated shall be dry after cleaning and immediately prior to tack coat application.

The minimum rate of application of SS-1h emulsified asphalt shall be that shown in Table 302-5.8 (A), or the application rate necessary for the minimum residual rate shown in Table 302- 5.8 (B), whichever is greater. For PG 64-10 paving asphalt, the application rate shall be a minimum of the residual rate shown in Table 302-5.8B. Table 302-5.8 (B) is applicable to both SS-1h emulsified asphalt and PG 64-10 paving asphalt.

TABLE 302-5.8 (A)
Surface Type
Minimum Application (Spray) Rate (gal/yd2)
Undiluted (Original) Emulsified
Asphalt (SS-1h)
Diluted (1:1) Emulsified
Asphalt
(SS-1h)
Asphalt Concrete 0.05 0.10
Cold milled or Micro-Milled
Asphalt Concrete 0.09 0.18
New Asphalt Concrete
(Between Successive Lifts) 0.04 0.08
Portland Cement Concrete 0.05 0.10

TABLE 302-5.8 (B)
Surface Type
Minimum Residual Rate (gal/yd2)1
Emulsified Asphalt (SS-1h) Paving Asphalt (PG 64-10)
Asphalt Concrete 0.03 0.03
Cold milled or Micro-Milled
Asphalt Concrete 0.05 0.04
New Asphalt Concrete
(Between Successive Lifts) 0.02 0.02
Portland Cement Concrete 0.03 0.03

1. Tack coat application rates shall be based upon the volume of asphalt remaining per square yard after application (residual rate). For SS-1h, this is the volume remaining after the asphalt emulsion has broken and not water remains.

For PG 64-10, this is the volume on the roadway immediately after application.

Tack coat material shall be applied by a distributor truck conforming to 302- 2.3.2. The distributor truck spray bar shall be pressurized during application and discharge tack coat material in a fan shape from each nozzle. The spray bar shall be set at a height above the existing pavement which results in each interior spray fan overlapping a minimum of twice before coming into contact with the underlying pavement.

Streaking or streaked applications will not be accepted.

The Tack coat shall be applied only as far in advance of the placing of the overlying layer as required for that day's operation. Following application, tack coat shall be allowed to cure without being disturbed for the period necessary to permit setting. Treated surfaces shall be protected from damage until the succeeding course of pavement is placed.

Payment for tack coat shall be considered and included in the various unit price bid and no additional compensation shall be provided, therefore. Payment for surface preparation shall be considered and included in the various unit price bid and no additional compensation shall be provided therefore.

302-5.9 Placement.
96 302-5.9.1 General. REVISE to include the following:

The final or surface layer of asphalt concrete shall not be placed until all on-site improvements, including all grading, and all off-site PCC improvements are substantially complete, as determined by the Engineer.

The final or surface layer of asphalt concrete of 0.20-foot thickness or less may be placed in one lift.

Asphalt concrete of greater than 0.20 -foot thickness shall be placed in a minimum of two lifts. When placed in two lifts, the compacted thickness of the final surface course of asphalt concrete s hall not be greater than 0.20 foot or less than 2 inches.

SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION

303-1 CONCRETE STRUCTURES.
303-1.4 Removal of Forms.
303-1.4.4 Standard Structures.
a) Standard Catch Basins. REVISE to include the following:
1) On all catch basin construction, the following shall be stenciled on top of the curb at the catch basin:

NO DUMPING – DRAINS TO OCEAN

The lettering shall be three (3) inches high and applied with black paint pursuant to Standard Detail No. 385. Payment for conformance to the requirements of this sub section shall be deemed to be included in the price bid for the various item s of work and no additional compensation will be allowed therefore.

303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS AND DRIVEWAYS.

303-5.1 Requirements.
303-5.1.1 General. REVISE to include the following:

Construction of Curbs and Gutters, Sidewalk, Driveways, Access Ramps and Cross Gutters shall be per Standard Details provided in these Special Provisions. As shown on the Standard P lans and exhibits, removal and reconstruction of a minimum of one (1) foot to one and one half (1 ½) foot wide (full depth or as shown on plans/exhibits) of asphalt concrete pavement adjacent to the new PCC item, to ensure that all areas are accessible to mechanical equipment to compact disturbed soil, treated and untreated aggregate base, subgrade, and/or paving materials, is required.

The reconstruction of some infrastructure elements (PCC improvements) on this project is due to the damage caused by tree roots; as a result, extensive tree root systems are expected under existing infrastructure and no additional compensation shall be allowed therefore.

Offending root pruning shall be done using proper equipment to minimize damage or the potential for injury to trees. The use of a backhoe or any other heavy machinery to remove tree root systems will not be permitted. Failure to comply with this special p rovision, the contractor is responsible for any unnecessary tree removal and replacement of similar. No additional compensation shall be allowed therefore.

(ADD THIS PARAGRAPH WHEN YOU NEED ACCESS ASAP)
97 A High Early strength concrete or 7 sack cement mix design shall achieve 2,500 psi within 24 hours for this Section, and any other related PCC sections, to fully open driveways, driveway approaches, walks, alleys, or ramps within two (2) days, inclusive of demolition and removals . No additional compensation shall be allowed for High Early or 7-sack cement mix design use. The Engineer shall approve High Early strength mix or any special mix.

303-5.1.2 Drainage Outlets Through Curb. REVISE to include the following:

The Contractor shall protect existing curb drain sleeves and parkway drains during construction. It shall be contractor’s responsibility to replace per City of Anaheim S tandard Details 150-2 & 151- 1 if it gets cracked or broken at no additional cost to the City.

303-5.1.3 Driveway Entrances. REVISE to include the following:

This item shall be constructed in accordance with City of Anaheim Standard detail no. 114 -A and 115-B and delineated in these Special Provisions. This shall include driveway construction modifications to match the existing replaced driveway with existing curb radius or modifying curb return radius when and if deemed necessary by the Engineer. Any portion of the driveway approach as shown in the City of Anaheim Standard Details 114-A & 115-B shall be included per the Contract Bid Unit Price. No additional compensation will be allowed therefore.

The Contractor shall maintain safe driveway access open to the resident s and/or businesses at all times, except during construction work hours and after notifying the residents and businesses forty-eight (48) hours prior to working on driveway. A High Early strength concrete or 7 sack cement mix design shall achieve 2,500 psi within 24 hours to fully open driveways and driveway approaches within two (2) days, inclusive of demolition and removals. Whenever possible, driveways shall be reconstructed ½ of the width at a time.

Payment for construction of Driveway Approach (Gutter Only) and Driveway Approach including saw cutting, asphalt concrete pavement removal & reconstruction, excavation, expansion joint at back of gutter per City of Anaheim Standard Detail 114-A & 115- B, compaction, grading, removal and disposal (including removal, repairs, and replacement of landscaping, hardscape, and irrigation), preparation of subgrade, maintaining safe driveway access, shall be included per the Contract unit price per SQUARE FOOT of Driveway Approch constructed. No additional compensation will be allowed therefore.

The Contractor shall remove tree root systems as necessary for the construction of Driveway Approach .

Payment for removal and disposal of tree root systems (as noted in section 303- 5.1.1) including grading, preparation of subgrade, including compaction shall be included per the Contract bid Unit Price per SQUARE FOOT of Driveway Approach (Gutter Only) and Driveway Approach constructed. No additional compensation will be allowed therefore.

303-5.3 Placing Concrete. REVISE to include the following:

Concrete curbs, curbs and gutters shall not be constructed monolithically with access ramps. Concrete for access ramps shall not be placed until a minimum of 4 hours after concrete for the adjoining curb or curb and gutter has been placed.

303-5.5 Finishing
303-5.5.2 Curb. REVISE to include the following:

This item shall be constructed in accordance with City of Anaheim Standard Detail No. 120, Type A, B, C, D or F, delineated in the Plans, Exhibits, and these Special Provisions.

All concrete flow lines shall be water-tested upon completion of finishing, and any irregularities causing water ponding shall be corrected immediately.

98 Payment for temporary pavement reconstruction adjacent to the curb and cross gutter shall be included in the various items of work and no additional payment will be allowed.

If an existing curb is replaced, and it is painted in a color or has a house address painted on it , the Contractor shall paint it in kind after construction. Payment for this requirement shall be included in the construction bid item for curb & gutter. No additional compensation shall be allowed therefore.

(MODIFY AND UPDATE AS NEEDED FOR YOUR PROJECT)
Payment for the removal and reconstruction of curb and curb & gutter shall include saw cutting, asphalt concrete pavement removal and reconstruction, excavation, grading, removal and disposal of existing improvements, preparation of subgrade, including compaction, construction of proposed curb & gutter, transition in curb height, and 0-inch curb height at gutter shall be paid per the contract unit price per Linear Foot. No additional compensation shall be allowed therefore.

The Contractor shall remove tree root systems as necessary for the removal and reconstruction of curb & gutter. Payment for removal and disposal of tree roots including grading, preparation of subgrade (including compaction), shall be included per the Contract Unit Price bid per linear foot of remove and reconstruct curb & gutter. No additional compensation will be allowed therefore.

DELETE the last sentence of the second paragraph and SUBSTITUTE with the following:

The name of the Contractor and the year in which the improvement is constructed shall not be stamped in the completed work.

303-5.5.3 Walk. REVISE to include the following:

This item shall be constructed in accordance with City of Anaheim Standard Detail No. 110-B and 112-1 and delineated in these Special Provisions. Finish, appearance, score lines and color shall match existing surrounding sidewalk.

(MODIFY AND UPDATE AS NEEDED FOR YOUR PROJECT)
Payment for remove and reconstruct PCC sidewalk shall include saw cutting, asphalt concrete pavement removal and reconstruction, excavation, grading, removal, disposal and repair or replacement, of existing improvements (including landscaping, hardscape and irrigation), preparation of subgrade, including compaction shall be included per Contract unit price per square foot of PCC sidewalk constructed. No additional compensation will be allowed, therefore.

The Contractor shall modify existing irrigation system where it conflicts with the proposed sidewalk. Modify, revise, and reconnect irrigation system as necessary to retain the original intent and watering of the irrigation system. Payment for any irrigation modification shall be included per contract unit price bid per square foot of sidewalk removal and reconstruction and no additional compensation will be allowed therefore.

The contractor shall remove tree root systems as necessary for the construction of sidewalk. Payment for removal and disposal of tree roots including grading, preparation of subgrade (including compaction), shall be paid per the Contract Unit Price bid per SQUARE FOOT of PCC sidewalk constructed . No additional compensation will be allowed, therefore.

303-5.5.4 Gutter. REVISE to include the following:

This item shall be constructed in accordance with the City of Anaheim Standard Detail Nos. 121-A, 122 and delineated in these Special Provisions. The strength of concrete mix shall be 3,250 psi.

Payment for the removal and reconstruction of cross gutter and spandrel includi ng adjoining portions of gutter, saw cutting, asphalt concrete pavement removal and reconstruction, excavation, grading, removal 99 and disposal of existing improvements, providing steel plates to cover cross gutters for vehicle traffic during construction, preparation of sub grade including compaction, backfill and cleanup, shall be included per the contract unit price per Square Foot of PCC cross gutter constructed. The contract unit price per square foot shall include curb & gutter placed monolithic with the PCC spandrel. No additional compensation will be allowed therefore.

All concrete flow lines shall be water-tested upon completion of finishing, and any irregularities causing water ponding shall be corrected immediately.

The Contractor shall remove tree root systems as necessary for the construction of the gutter.

Payment for temporary pavement reconstruction adjacent to the curb and gutter and cross gutter shall be included in the various items of work and no additional payment will be allowed.

303-5.5.5 Alley, Intersections, Access Ramps, and Driveways. REVISE to include the following:

Access ramp items shall be constructed in accordance with City Standard Detail No. 111-3 (Type and Case to be determined by the best fit with modifications for each location that will comply with current ADA requirements) including furnishing and installing the cast in place truncated domes without a tactile border around the access ramp and delineated in these Special Provisions. Concrete and asphalt concrete shall be sawcut along all removal lines unless they need to remain in pla ce as approved by the Engineer.

ADA ramps shall be a minimum four (4) inch thick P.C.C. sidewalk to match existing.

Adjustments of traffic pull boxes, water valves, vaults, conduits and wirings, and any other utility structures within the access ramp to be reconstructed/adjusted to protect in place shall be included per this item, unless otherwise specifically covered by a separate bid item.

(MODIFY AND UPDATE AS NEEDED FOR YOUR PROJECT)
Full compensation for conforming to the requirements of this bid item shall be made at the contract unit price per each access ramp with cast in place truncated domes, furnished, constructed and installed in place and shall include saw cutting, excavation, removal and disposal of existing improvements, removal & disposal of existing landscape/hardscape/tree root grinding, subgrade preparation, backfill, compaction and cleanup, reconstruction of PCC sidewalk, reconstruction of PCC curb and gutte r, including curb transition, and shall include all labor, materials, tools, equipment, and incidentals necessary to maintain access and complete the work. No additional compensation will be allowed therefore.

The Contractor shall remove tree root systems as necessary for the construction of Access Ramps.

Payment for removal and disposal of tree roots including grading, preparation of subgrade (including compaction), shall be included per the Contract Unit Price bid per EACH of PCC Access Ramp constructed. No additional compensation will be allowed, therefore.

The Contractor shall modify existing irrigation system where it conflicts with the proposed access ramps. Modify, revise, and reconnect irrigation system as necessary to retain the original intent and watering of the irrigation system. Contractor shall re-sod at locations as necessary where either existing access ramp needs to be removed or new access ramp is to be constructed and shall match existing type of grass. This work shall be included in the contract bid item of construction of access ramps and no additional compensation shall be allowed thereof.

Concrete signal bases may be exposed where the sidewalk is lowered. In addition, signal pole bases will be above the finished surface in access ramp and will require dry pack per Caltrans Standard Plan ES-7M.

303-5.8 Backfilling and Cleanup. REVISE to include the following:

All parkway areas, which will not be covered with new curb and gutters and access ramps (curb ramps) shall be backfilled with clean native soil as directed by the Engineer. Such material will not be considered 100
as Selected Material and shall be paid under various items of work, no additional compensation will be allowed therefore.

ADD the following:
303-9 CONCRETE CUTTING.
303-9.1 General. The concrete cutting and/or grinding method of displacement shall consist of a process used to remove the upper surface of a slab of concrete with hand -held electrically powered equipment capable of cutting and/or grinding at any angle, and capable of completely removing the concrete to all edges of the displacement. All saw cutting and/or grinding shall be taken to the zero point of differential settlement at the adjacent opposing side, and to both edges of the sidewalk to eliminate the di splacement over the full width of the sidewalk. This method of displacement removal shall entail cutting of the cement only. Pulverization of the concrete is not acceptable and will not be allowed as a substitute for this process.

Removal and disposal of existing asphalt and/or concrete repairs shall be included in the unit price.

Sidewalk and drive approach joints and cracks with vertical offsets between 3/8” inch and 2” inches may be cut and/or ground down. The maximum taper of the cut and/or grind areas shall conform to Americans with Disabilities Act (ADA) requirements and not exceed 8.33% in the direction of travel. The minimum width shall be 6”. The cutting and/or grinding shall include defects running perpendicular to the direction of pedestrian travel, parallel to the direction of travel (primarily at driveways), and those ar eas at the sidewalk return where the sidewalk is raised above the curb. Where the sidewalk is raised ¾” inch to 2” inches in relation to the curb return, the sidewalk shall be cut and/or ground down. Do not cut and/or grind the top of curb unless specifically directed in writing by the City Representative.

303-9.2 Limits. A day prior to starting any cutting and/or grinding work, the Contractor shall paint the limits of the cutting and/or grinding work he intends to perform on the following day.

The Contractor shall request the City’s Representative to review and confirm these limits prior to starting any work.

303-9.3 Finish and Appearance. Offsets shall be tapered in accordance with ADA requirements and shall have a smooth, uniform, and slip resistant appearance and texture closely resembling the appearance of the adjacent concrete. The cut taper shall have a “squared off” geometric shape with straight borders.

Sharp edges left by the cutting and/or grinding operations shall be smoothed. Cutting and/or grinding shall be performed so that the sidewalk surface has essentially the same or slightly smoother texture adjacent to either side of the joint or crack. Cutting and/or grinding sha ll be performed so that the finish product has a rectangular appearance consisting of straight back line with no stray cut and/or grind marks. The adjacent concrete shall remain untouched by the process without scarring or damage.

303-9.4 Demonstration. The Contractor shall demonstrate the sidewalk cutting and/or grinding operation and resulting finish and appearance at three test sites chosen by the City’s Representative. Should the Representative deem the quality of the taper to be unacceptable, the Contractor shall modify his methods and/or equipment and proceed to an additional two test sites. This sequence shall be repeated until the acceptable quality is achieved.

Approval of the results shall be obtained prior to the commencement of the full-scale operation. Only the methods and equipment that produced acceptable results shall be employed on the project.

303-9.5 Dust Control and Clean up. Dust Control and clean up shall conform to the provision of Section 3-12.1 of these specifications. Concrete dust shall not be allowed to escape into the air. Equipment shall be equipped with HEPA type filters to collect dust from the cutting operation. All BMP’s must be in place.

101
Debris and concrete dust shall be cleaned from the sidewalk surface as well as surrounding rails, sidewalks, driveways, landscaping, and/or other objects in the vicinity of work.

303-9.6 Payment. Payment for all materials, labor and equipment to complete the concrete cutting trip hazard removal as described herein shall be made at the unit bid price per linear foot. (DELETE IF NOT APPLICABLE TO YOUR PROJECT)
SECTION 306 – OPEN TRENCH CONDUIT CONSTRUCTION

REVISE as follows:
306-3 TRENCH EXCAVATION.
306-3.1.1 Protection. REVISE to include the following:

Any excavation not in a pedestrian or vehicular travel way greater than one (1) foot in depth but less than three (3) feet which will be left open after the completion of the normal work day shall be protected by a fence or barricade. Any excavation over three (3) feet in depth will be fenced.

All excavations not in a pedestrian or vehicular travel way less than or equal to one (1) foot in depth which will be left open overnight shall have material backfilled and compacted against all vertical cuts within five (5) feet of the traveled way.

All excavations of any depth in a travel way shall be covered with a steel plate during all non- working hours as specified in section 5-7.8

Prior to the start of construction, the Contractor shall submit to the Engineer, for approval, the method of protection to be used.

Payment for compliance with this section shall be deemed to be included in the price bid for the various items of work for which excavation is necessary. No additional compensation will be allowed therefore.

306-6 BEDDING.
306-6.1 General. REVISE to include the following:

Bedding shall conform to the following provisions of Part 3 Construction Methods and as shown on the plans.

The cost of providing and installing said bedding material per City Standard Detail or as identified in the Plans or Specifications shall be included in the price bid for pipe and no additional allowance will be made therefore.

306-7.4 Vitrified Clay Pipe (VCP)
ADD the following:
306-7.4.2.1 General. REVISE to include the following:

Type “G” joints shall be used on all mains and six (6) inch or larger laterals. Type “D” joints may be used on four (4) inch laterals.

306-13.2 Permanent Resurfacing. DELETE the first sentence and SUBSTITUTE with the following:

Unless otherwise specified, surface improvements damaged or removed as a result of the Contractor’s operations shall be reconstructed by the Contractor per City Standard Detail 132.

SECTION 314 - TRAFFIC STRIPING, CURB, PAVEMENT MARKINGS, AND 102

PAVEMENT MARKERS

314-1 GENERAL. REVISE to include the following:

The Contractor will be responsible for all temporary traffic control until permanent striping is accepted.

In the event of existing traffic, stripes and pavement marking legends are identified as a removal from adjacent and/or perpendicular streets or intersections to match new product quality, this will occur by meeting the latest requirements and restrictions by CalEPA.

314-2 REMOVAL OF TRAFFIC STRIPING AND CURB PAVEMENT MARKINGS. 314-2.1 General DELETE the first sentence and SUBSTITUTE with the following:

The Contractor shall remove existing traffic striping and pavement markings by wet sandblasting technique, meeting the latest requirements and restrictions by the State Pollution Control Agency. The Contractor shall be responsible for the immediate removal of sandblasting materials by vacuum or mechanical street sweeping devices. Obliteration with black paint or emulsified asphalt will not be allowed.

The Contractor shall apply slurry seal to the impacted area after sandblasting and prior to applying new traffic striping and pavement markings.

314-3 REMOVAL OF PAVEMENT MARKERS.
314-3.3 Payment.
(MODIFY AND UPDATE AS NEEDED FOR YOUR PROJECT)
Payment for removal of pavement markers shall be deemed included in the lump sum bid item. No additional compensation will be allowed thereof.

314-4 APPLICATION OF TRAFFIC STRIPING AND CURB AND PAVEMENT MARKINGS. 314-4.1 General. REVISE to include the following:

All traffic stripes and pavement markings shall be per City of Anaheim Standard Details, MUTCD (latest edition), State Standard Specifications Latest Edition, and any supplement thereto.

(CHECK WITH TRAFFIC ENGINEERING IF THE NOTE BELOW APPLIES TO YOUR PROJECT)* *NOTE: The City of Anaheim striping Standard Details shall be modified to remove the use of Non- Reflective Pavement Markers, TYPE A and AY.

The Contractor shall provide all stencils and street marking legend cutouts, all of which shall conform to standards presently in use in the City of Anaheim for the restriping of all existing pavement legends. For all new work, where new legends are requi red, the Contractor shall use State Standard Plans and Specifications, Latest Edition.

It shall be the Contractor’s responsibility at his own expense to correct the work upon notification by the Engineer and if required, provide proper interim traffic control as required by the Engineer.

314-4.2 Control of Alignment and Layout
314-4.2.1 General. DELETE the second paragraph and SUBSTITUTE with the following:

Contractor shall furnish and install traffic delineation using paint “Cat tracking”, temporary marking tape, or other approved media on the same working day as existing stripes are lost, including bicycle lanes, in locations consistent with the existing striping in place, If temporary marking tape is used, all tape shall be 103
removed prior to installation of permanent striping. Use of permanent tape for a traffic stripe or a pavement marking shall not be permitted.

Existing lines shall be followed in such a manner as to present a uniform, pleasing appearance, and misalignment or disregard to previous painting will not be permitted. Abrupt breaks in alignment between broken segments will not be permitted. The Engine er shall be the sole judge of the accuracy and acceptability of the alignment of the work.

314-4.3 Painted Traffic Striping and Curb and Pavement Markings 314-4.3.1 General. REVISE to include the following:

The Contractor shall install traffic striping, marking, arrows and messages pursuant to the plans where provided. All work and materials shall conform to the requirements of the MUTCD, latest edition, and the State Standard Specifications.

The following Details of the Standard Plans shall be used for traffic lines.

Line Anaheim
Detail
Caltrans
Detail
Pavement
marker
Information*
Yellow skip 450 & 460 2 Type D
No passing Zone 453 & 458 22 Type D
Skip White 451 & 459 9 and/or
9A
Type G & C

Two-Way Left-Turn Lane 454 32 Type D
Channelizing Stripe 455 38 Type G & C
Trap Lane Stripe 37B Type G & C
Median Islands 456 30 Type D

All traffic stripes and pavement markings except arrows, stop bars, yield markings, conventional crosswalks, continental crosswalks, and messages shall be applied with two (2) coats paint. The Contractor shall apply two (2) coats of paint prior to installi ng raised pavement markers. Raised pavement markers shall be placed on the newly painted line. Glass beads shall be mechanically applied to the surface of each coat of paint. Bike lane messages shall be painted.

All crosswalks shall be painted continental per Standard Detail 477 unless otherwise called out on the plans. Continental crosswalks shall be applied in two (2) coats of paint with a second coat applied three (3) days after application of the first coat.

For all other painted striping and markings, the second coat shall be applied not sooner than seven (7) calendar days and not later than fifteen (15) calendar days from the first coat of paint. Raised pavement markings shall be installed no sooner than seven (7) calendars after the second coat of paint.

The stop legends and bars at all impacted intersections, shall be repainted, or replaced.

All median noses shall be painted with yellow reflective traffic paint from BCR to ECR.

314-4.3.4 Application Equipment.
314-4.3.4.2 Striping Machines. REVISE to include the following:
104
The paint-striping machine used for this contract work shall be inspected by the Engineer prior to starting any paint striping work and shall conform to the following minimum requirements:

(a) All lines shall be clean and sharp as to dimensions. Ragged ends of segments, fogginess along the sides or objectionable dribbling along the unpainted portions of the stripe shall be hydroblasted out to the satisfaction of the Engineer.

(b) The finished product shall have an opaque, well -painted appearance with no black or other discolorations showing through.

(c) The Contractor shall take all reasonable precautions to protect the paint during drying time and shall be required to hydro-blast out all objectionable tracking.

(d) No work shall be done when weather conditions restrict visibility to less than one mile or causes the pavement to be damp, or when determined by the Engineer.

314-4.3.5 Application. REVISE to include the following:

The Contractor shall provide all stencils and street marking legend cutouts, all of which shall conform to standards presently in use in the City of Anaheim for the re-striping of all existing pavement legends. For all new work, where new legends are required, the Contractor shall use the California Department of Transportation (MUTCD) and State Standard Specifications, latest Edition.

314-4.4 Thermoplastic Traffic Striping and Pavement Markings. 314-4.4.1 General. REVISE to include the following:

The various letters and symbols shall conform to the size and shape outlined in the California Department of Transportation (MUTCD) State Standard Specifications, latest Edition.

All arrows, stop bars, yield markings, conventional crosswalks, and messages, and all other pavement legends except “Bike Lane” shall be installed in thermoplastic. Long life pavement marking legends must be thermoplastic.

The work consists of the furnishing and placement of hot applied thermoplastic reflective pavement marking in the form of stop messages, limit lines and arrows. These markings shall be installed at the locations as specified on the plans/exhibits. The Contractor shall furnish all material, services, labor, and equipment necessary for the required pavement preparation, layout and completing the pavement marking installation.

314-4.4.2 Surface Preparation. REVISE to include the following:

The pavement surface to receive pavement markings shall be properly cleaned from all skins, grease, oil, mud, dust, dirt, grass, loose gravel, and other deleterious material prior to the application of the thermoplastic pavement markings and prime sealer.

On all dry pavement surfaces, binder/sealer shall be applied to the area where hot thermoplastic pavement markings are to be placed. The binder/sealer shall be recommended by the manufacturer of the thermoplastic material. The material shall form a continuous film which shall dry rapidly, and which will adhere to the pavement. The material shall not discolor nor cause any noticeable change in the appearance of the pavement outside of the finished pavement markings. All solvents shall have evaporated from the binder/sealer prior to the application of the molten thermoplastic materials.

Application equipment shall be constructed to assure continuous uniformity in the thickness and width of the marking and shall be equipped with a cut -off device remotely controlled, to provide clean, square 105
stripe ends. Longitudinal lines shall be offset at least two (2) inches from longitudinal construction joints of pavement. The bead distribution shall be uniform throughout the width and thickness.

314-4.4.4 Application. REVISE to include the following:

Application equipment shall be constructed as to ensure continuous uniformity in the thickness and width of the primer, which shall be applied at least 1” wider than the thermoplastic material application.

If the existing markings are not visible, the Contractor will be required to pre-mark each installation prior to the application of the material. Where no existing markings are in place, the Contractor shall place the new pavement marking where directed by the Engineer.

The Contractor shall protect the markings track free, by placing guarding or warning devices as necessary.

In the event any vehicles cross the molten marking, such marking shall be re -applied, and any marking made by the moving vehicle removed by the Contractor at no additional cost to the City.

The Contractor shall be responsible for removing all material spilled upon the road surface in a manner acceptable to the City Representative.

Following of the completion of W ork, there will be a 90- day observation period for the pavement markings. During the 90-day observation period, the pavement markings material furnished and installed under this contract shall be warranted by the Contractor against failure due to blisteri ng, bleeding, excessive cracking, staining, discoloration, oil content of the pavement materials, smearing or spreading under heat, deterioration due to contact to oil or gasoline drippings, chipping, spoiling, poor adhesive resulting from defective materials or methods of applications, loss of reflectivity, damage from traffic and wear.

During the observation period, the Contractor at no expense to the City shall replace any pavement markings that will not perform satisfactorily under traffic due to defective materials and/or workmanship in manufacture and/or application. Both initial ma rking and replacement markings shall not be applied when pavement temperatures are below 50 degrees F, or when the surface of the pavement contains evidence of moisture.

If existing pavement delineations or pavement marking legends , including traffic thermoplastic stripes, are identified as a removal or disturbed during construction from adjacent streets or intersections , the Contractor will be required to match new product quality on existing pavement delineation; this will occur by meeting the latest requirements and restrictions by CalEPA.

Payment for removal and replacement shall be deemed included in the traffic striping bid items. No additional compensation will be allowed thereof.

314-4.4.5 Measurement. REVISE to include the following:

Painted lines (including pavement markers as noted on the itemized bid proposal) shall be included for payment in the Traffic Striping bid item(s).

Full compensation for conforming to the requirement of this section shall be considered as included in the bid items for striping and markers and no additional payment will be made therefore.

314-5 PAVEMENT MARKERS
314-5.1 General. REVISE to include the following:

All pavement markers shall be per City of Anaheim Standard Details, MUTCD (latest edition), State Standard Specifications latest Edition, and any supplement thereto.

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*NOTE: The City of Anaheim striping Standard Details shall be modified to remove the use of Non- Reflective Pavement Markers, TYPE A and AY.

The first three (3) raised pavement markers for any white line at an intersection shall be Type C for the opposite direction of travel. See Anaheim Standard Detail No 459.

ADD the following:

SECTION 315 – TRAFFIC SIGNING

315-1 GENERAL.

The date of installation of a sign shall be embossed on the back of the sign and shall be considered as the start of the warranty period. "Property of City of Anaheim" shall also be embossed on the back of sign.

Sign locations and height shall be according to City of Anaheim Standard Detail 426. All signs are to be seven (7) feet above the ground measured to the bottom of the lowest sign. Exceptions may be made for bus stop signs, small R26 signs, or bike arrows down to six (6) feet when mounted below another sign not installed within the sidewalk. All median mounted signs shall be seven (7) feet above the ground measured to the bottom of the sign except for:
a) Type K markers to be one (1) foot above the ground to the bottom of the sign or 17-18" above the ground when mounted on Eze-Erect break away posts.
b) All type "N" markers for barricades shall be two ( 2) feet above the ground to the bottom of the sign.

No signs will be allowed on traffic signal poles except the following:

Poles - R26, R4-7, R6-2, R3-3, R3-7, R3-4, R10-7, R10-11, W12-1 and Type "N-1" marker.

Mast arms - R61Series, R54, R73 Series and R3-4.

All signs placed within the public right-of-way shall be installed using the following guidelines:
a) Signs will be installed on marblelite or steel street light poles wherever possible. No signs shall be placed on wood poles at any time.
b) Larger (wide) signs will always be mounted on the top of a sign combination.

No sign shall have an outside edge closer than two ( 2) feet to the back of curb while maintaining a three (3) foot clear sidewalk. For sidewalks less than seven (7) feet wide and adjacent to curb, sign post may be mounted behind the sidewalk, except for stop signs.

c) Sign panel facings shall be perpendicular to approaching traffic unless otherwise specified by the Engineer.
d) Signs shall be mounted on posts in a good workmanship manner using metal hardware suitable for the type of installation made.
e) Installation materials shall be of stainless, galvanized, or other material that does not rust, and is theft proof where available.
f) The minimum distance between signs shall be fifty (50) feet. Exceptions must be approved by the Engineer. Signs shall be kept a minimum distance of six ( 6) feet in front of trees, power poles, etc. and a minimum distance of fifty (50) feet beyond them. Signs will be kept far enough away from trees so growth will not obstruct visibility of the sign. 107
g) R26 and other signs are typically not mounted closer than one hundred fifty (150) feet apart. h) No sign shall be placed on the same post with a stop sign (R1- 1) except the 2 -way or 4 -way supplemental plates. The supplemental plates will not overlap on the stop sign and will be attached with separate bolts.

No signs will overlap and must be installed with separate bolts. "Begin/End" or "Tow -Away" plates are an exception.

For installation of signs that are thirty -six (36) inches or larger and/or sign combinations a brace is used for strength (3/16"x1"x30" or 36" brace).

Median noses shall be treated as follows:
a) All median noses shall be painted with yellow reflective traffic paint from BCR to ECR, and R4- 7 sign and a type N-1 Marker shall be installed on median noses. b) All median signs shall be mounted five (5) feet behind the median nose. All core drill holes must be large enough for post anchors to fit. All core drill holes must be patched around the signpost with concrete after installation.

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PART 4 – EXISTING IMPROVEMENTS
SECTION 400 – PROTECTION AND RESTORATION

REVISE as follows:
400-1 GENERAL. DELETE 2nd paragraph and SUBSTITUTE with the following:

The Contractor shall exercise due care to avoid injury to existing improvements or facilities, utility facilities, adjacent property, and trees and shrubbery that are not to be removed.

The Contractor shall relocate, repair, replace or re -establish all existing improvements within the project limits which are not designated for removal (e.g. curbs, gutters, sidewalks, driveways, fences, walls, irrigation systems, signs, utility installations, pavements, structures, landscaping, etc.) which are damaged or removed as a result of his operations or as required by the Plans and Specifications. Damaged or removed traffic signal detector loops and or irrigation systems shall be replaced or repaired and returned to service within seventy two (72) hours, unless otherwise directed by the Engineer. Where existing traffic striping, pavement markings, raised pavement markers and curb markings are damaged or the reflectivity reduced by the Contractor’s operations, such striping or marking shall also be considered as existing improvements and the Contractor shall repaint or replace such improvements.

Relocations, repairs, replacements or re-establishments shall be at least equal to the existing improvements and shall match such improvements in finish and dimensions unless otherwise specified.

All damage done to existing improvements by the Contractor shall be repaired by him to the satisfaction of the Engineer. Where sidewalks, curbs or gutters are to be repaired, the repairs shall be made by removing and replacing the damaged section to the nearest score lines.

For all existing trees, shrubbery, pole lines, fences, signs, survey markers and monuments, buildings and structures, conduits, pipelines under or above ground, sewer and waterlines, all highway or street facilities, and any other improvements of facilities within or adjacent to the work shall be prote cted from injury or damage. The Contractor shall provide and install suitable safeguards to protect such objects from injury or damage. If such objects are injured or damaged because of the Contractor's operation, they shall be replaced or restored at the Contractor's expense to a condition as good as when the Contractor entered upon the work or as good as required by the Plans and Specifications if any such objects are a part of the work being performed.

The fact that any such pipe or other underground facility is not shown on the Plans shall not relieve the Contractor of his responsibility under this article. It shall be the Contractor's responsibility to ascertain the existence of any underground improvement or facilities from USA markings or location of laterals which may be subject to damage by reason of his operations.

In addition to any requirements imposed by law, the Contractor shall shore up, brace, underpin, and protect as may be necessary, all foundations and other parts of all existing structures adjacent to and adjoining the site of the work which are in any way affected by the excavations or other operations connected wi th the performance of the Work. All material used for protection (including sheeting) shall be removed from the project unless it has been approved to remain in place by the Engineer.

Whenever any notice is required to be given by the City or the Contractor to any adjacent or adjoining landowner or other party before commencement of any work, such notice shall be provided by the Contractor at the Contractor’s expense.

The Contractor shall take due precautionary measures to protect all public and private properties and improvements to drainage facilities, fence, walls and footings (including adjacent properties) and driveways, 109
water structures, vegetation, and all other improvements and structures encountered during construction.

These improvements shall be safely guarded from damage or loss in connection with this contract by the Contractor. Should any property be damaged during operations of the Contractor, he/she shall immediately notify the City of Anaheim City Representative and immediately make repairs to the satisfaction of the City Representative.

All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing, re-establishing and/or supporting existing improvements shall be as included in the various Bid Items and no additional compensation will be allowed therefore.

ADD the following:
400-1.1 Video Recording and Photographing of Pre-existing Conditions.

The Contractor shall video record and photograph pre -existing conditions of the project site prior to any construction activities such as, but not limited to,
a) Property markers
b) Right of way and easement conditions
c) Utility markings and USA markings
d) Existing property damages
e) Survey conditions
f) Pavement conditions, markings, and striping
g) Adjacent property conditions
h) Sidewalk, median, curb, and gutter conditions
i) Safety conditions
j) Unusual conditions or equipment
k) Existing landscape conditions (including vegetation and irrigation) along the project limit.

The Contractor shall submit recordings/photographs on USB media to the Engineer no later than five (5) Working Days after the Notice to Proceed.

Payment for video recording and photographing services shall be included in the various Bid Items and no additional compensation will be allowed therefore.

SECTION 402 – UTILITIES

REVISE as follows:
402-1 LOCATION.
402-1.1 General. DELETE the first sentence in the second paragraph and SUBSTITUTE with the following:

Pursuant to Section 4216, et. Seq. of the Government Code, the Contractor shall contact the appropriate regional notification center, DigAlert (Underground Service Alert of Southern California or USA/SC) and obtain an inquiry identification number at least two (2) Working Days, but not more than fourteen (14) Days prior to commencing any excavation required for the Work. The Identification Number must be given to the Engineer and/or Inspector prior to the start of any Work on the Project. If the Contractor fails to obtain this number, the City reserves the right to stop all work on the Project. No additional compensation or extension or working days shall be allowed for this stoppage. 110

DELETE the last sentence in the third paragraph and SUBSTITUTE with the following:

The Contractor shall provide the subsurface installation location data to the Engineer within one (1) Working Day.

REVISE to include the following:

Failure of the California Department of Transportation to identify the location of its subsurface installations promptly or accurately, to either the City or the Contractor, shall not be the City’s responsibility. The Contractor shall be responsible for locating these subsurface installations even though the California Department of Transportation has not accurately identified such installations. If no pay item is provided in the contract for this work, full compensation for such work shall be considered as included in the bid price for the other items of work.

Contractor further acknowledges that Government Code Section 4215 states in pertinent part that “…Nothing contained herein shall be deemed to require the public agency to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the side of the construction project can be inferred from the presence of other visible facilities such as buildings, meter and junction boxes, on or adjacent to the site of the construction;…”

402-1.2 Payment. DELETE the first sentence and SUBSTITUTE with the following:

Payment for utility location by the Contractor shall be included in the various Bid Items and no additional compensation will be allowed therefore.

402-4 RELOCATION. REVISE to include the following:

Any facilities to be relocated by the Contractor, as indicated on the plans, shall be relocated in strict conformance to the Contract Documents. All such work shall be done only at such times which are acceptable to the owner. The Contractor shall schedule his relocation work in cooperation with the owner and shall be responsible for any costs resulting from the Contractor’s failure to do the work at times which are acceptable to the owner. The Contractor shall notify owners at least two (2) working days in advance of any work on their utilities.

ADD the following:
402-7 UTILITY CONNECTION.

Upon installing utility connections to City owned facilities, the Contractor shall see that said utilities are put in the City’s name.

SECTION 403 – MANHOLE ADJUSTMENT AND RECONSTRUCTION

403-1 GENERAL. DELETE the first sentence and SUBSTITUTE with the following:

Utility manhole and vault frames and covers within an area to be paved or graded shall be set and adjusted to finish grade as defined in the plans and specifications. The C ontractor shall bear all responsibility to coordinate said adjustments as required to avoid delays in the project schedule. No additional time or payment shall be made for this coordination effort or delays created therefrom.

403-3 MANHOLES IN ASPHALT CONCRETE PAVEMENT.

DELETE in its entirety and SUBSTITUTE with the following:
403-3 MANHOLES, VALVE BOXES, SURVEY MONUMENTS, AND ELECTRICAL VAULTS IN ASPHALT CONCRETE PAVEMENT.

This item shall include adjustment of all manhole frames and cover set s water valve box es, survey monuments, and electrical vaults to the new finished grades. This item requires lowering the manholes , 111
vaults, valve boxes, and survey monument cans prior to cold milling and/or reconstruction and raising them to finish grade after final paving. The Contractor shall install a temporary steel plate cover over each opening to prevent debris from entering the manhole, vault, valve box, or survey monument can.

Adjustment to grade includes sewer and storm drain manholes, water valve box, survey monuments, and electrical vaults.

All surface utility covers (even those to be adjusted to grade by other utility owners) shall be located by the Contractor in the field prior to beginning any work on this project. The Contractor shall notify all utility owners as soon as they are identified and at least seven (7) calendar days in advance of the need to commence their work required prior to paving operations and again for their work required after paving operations to adjust their facilities to the final surface paving . The Contractor shall remove existing concrete pads or collars that might interfere with the adjustment of the valve cover to the grade of the asphalt concrete surface. Any damage to existing utility systems or appurtenances by the Contractor shall be replaced at the Contractor's expense.

All sewer and storm drain manhole adjustments shall be per City of Anaheim Standard Plans 205, 209, and 630. All water valve box adjustments shall be per Anaheim Public Utilities Standard No. W-150, W- 151 & W-152. Survey Monument adjustments shall be per City of Anaheim Standard Detail No. 641- A.

Electrical vault adjustments shall be per Anaheim Utilities Standard No. CU 1600 -3D. However, only Contractors on the City of Anaheim Pre-qualified Transmission & Distribution Electrical Contractors List shall work on high voltage electrical vaults and manholes.

The following method shall be utilized to adjust sewer and storm drain manhole frames and covers, water valve box, and survey well monument covers.

a) After the asphalt concrete pavement overlay has been completed, smooth circular holes shall be cut where the existing covers were lowered. The diameter of the circular hole shall be at least eight (8) inches larger than the outer diameter of the cover. b) The cover shall then be raised to the finished pavement grade and suitably blocked and concreted in place to the satisfaction of the Engineer.
c) A PCC collar shall be placed around the cover to an elevation of three (3) inches below finished pavement grade. Said PCC collar shall have a minimum depth of eight (8) inches. d) All debris and foreign material shall be removed per 403- 1. The top of reset manholes , boxes, cans, and other structures shall meet the smoothness requirement as specified in 302-5.6.2. e) After the concrete has cured sufficiently, a tack coat shall be applied to the PCC and vertical surfaces prior to the hot mix asphalt surface course material is placed and compacted to the finished pavement grade.

The Contractor shall also be responsible for coordinating his work with the various utility owners who will be required to adjust their own surface utility covers to grade as noted on the plans. This includes tying out their covers and notifying all utilit y owners prior to performing any work that will affect their facilities. If the required adjustment of the owner ’s adjusted utility covers will impact the Contractor’s subsequent work then the Contractor shall coordinate his work schedule and/or perform follow up work to ensure that the quality of the final product is not compromised.

403-5-PAYMENT. DELETE in its entirety and SUBSTITUTE with the following:
112
Payment for the asphalt concrete around the manhole covers, valve boxes, survey monuments, and vaults shall be included with the payment for adjusting. Payment shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all wo rk involved as specified above shall be as included in the Manhole , Valve Box, Survey Monument Can, and Vault Adjustment and Reconstruction Bid Items and no additional compensation will be allowed therefore.

SECTION 404 – COLD MILLING

404-1 GENERAL. DELETE in its entirety and SUBSTITUTE with the following:

All cold milling shall comply with these provisions:

The pavement removal shall be accomplished by cold milling, or any other method approved by the Engineer and as shown on the Plans and the Contract Documents. It shall be Contractor’s responsibility to perform a field review and take inventory of traffic control devices such as striping, curb and street markings, traffic signal loops and home runs on all streets prior to start of cold milling.

The outside lines of the milled pavement shall be uniform.

If during milling, part of base material is exposed, contractor shall re-adjust depth of milling to protect the base material. If the base material is exposed, disturbed, and damaged, the Contractor shall make repairs within the same work day and no additional compensation shall be provided therefore.

The temperature at which the work is performed and the manner of performing the work shall be such that the pavement is not torn, gouged, shoved, broken, or otherwise injured by the cold milling operation.

The Contractor shall remove and dispose of any pavement reinforcing fabric encountered during cold milling. Payment for removal and disposal of pavement reinforcing fabric shall be included in the contract unit price per Square Feet (SF ) of C old Milling and no additional compensation shall be provided therefore.

The Contractor shall cold mill existing pavement as shown on the Plans or project details and as specified in these Special Provisions. The type of pavement and depth to be cold milled shall be as shown on the Plans and as specified in the Special Provisions. The surface after cold milling shall be uniformly grooved or ridged, unless otherwise authorized by the Engineer. The outside lines of the milled pavement shall be neat and uniform.

The presence of PCC pavement within the existing asphalt pavement to be cold milled is not typical; however, these materials may be present in various locations. The presence of these materials within the pavement section shall not be considered a changed condition and shall not be cause for a change order for additional compensation.

The milled pavement shall be true to grade and cross section. When the straightedge specified in Section 302-5.6.2 is laid on the finished surface, the surface shall not vary from the edge of the straightedge more than 3/8 inch at any point, except at int ersections or at changes of grade. Any areas that are not within tolerance shall be brought to grade within one (1) working day following initial cold milling.

Cold milling operations shall be performed without damage to the remaining pavement. Whenever cold milling is adjacent to PCC curbs, gutters, pavements or other PCC improvements, the Contractor shall protect these improvements from damage. Any PCC improvement damaged during cold milling operations shall be repaired or replaced as directed by the Engineer at the Contractor’s sol e expense.

Replaced sections of PCC improvements shall be a minimum of five (5) feet in length or to the next joint. 113

The Contractor shall scan the work area using a metal detector of adequate strength prior to any saw cutting, excavation or cold milling of the existing pavement. Contractor shall be responsible for locating and protecting manhole, water valve, utility access frames and covers or other metal appurtenances buried below the existing pavement surface whether shown on the plans or not.

Contractor shall always provide accessible access and detour for pedestrian facilities and bike lanes when cold milling.

Contractor is to notify the Engineer at least two (2) Working Days prior to and immediately after the cold mill operations so that observations and measurements may be made of areas before the placement of permanent asphalt.

ADD the following:
404-1.1 Cold Milling for Asphalt Concrete Repairs Prior to Slurry Seal.

Contractor shall perform asphalt concrete repairs to various roadways, alleys, parking lots and bike trails identified to receive slurry seal. Asphalt concrete repairs shall be completed prior to slurry seal as shown on the Plans, Exhibits, and the Special Provisions. The City may provide the Contractor an additional list of approximate locations of areas to be repaired. The City Representative will mark these locations in the field with paint.

Each repair location shall have a minimum area of one hundred (100) SF and minimum width of five (5) feet.

Cold Milling of the existing pavement for road repairs shall be at a consistent depth of two ( 2) inches (0.17 feet) or as directed by the Engineer. When necessary, the City may direct the Contra ctor to Cold Mill deeper than two (2) inches. If such request is made, the Contractor shall perform the Cold Milling to the required depth and the area of Cold Milling to be paid for and it shall be measured as per same contract unit price per Square Yard (SY) of Asphalt Concrete Cold Milling and no additional shall be provided therefore.

Contractor shall perform asphalt concrete paving required for Asphalt Concrete Repairs Prior to Slurry Seal within the same workday as the cold milling. Paving shall be in accordance with Section 302-5 and these Special Provisions.

404-1.2 Cold Milling Prior to an Asphalt Concrete Overlay.

Cold milling of the existing asphalt concrete pavement in preparation for an Asphalt Concrete Overlay (or other asphalt concrete lift thickness as required) shall be at either a constant depth, to below edge of gutter or at a variable depth , as delineated in the Plans, Exhibits, and these Special Provisions , including tapering from edge of gutter to required width from the edge of gutter, including cul-de-sacs.

During cold milling operations, the Contractor shall be responsible for removal of all previous slurry seal or other materials on the existing gutter or edge of pavement adjacent to the cold mille d surface prior to an asphalt concrete overlay. Method of slurry removal shall be approved by the City Representative and all such work shall be considered as included in the unit price for Cold Milling and no additional compensation shall be allowed therefore.

Cold milling shall not be performed more than three (3) days before paving operations. In accordance with Section 403, the Contractor shall lower all manholes, valve boxes, survey monument cans, and vaults.

404-1.3 Temporary Traffic Striping Required After Cold Milling.:
114
Whenever Cold Milling of the existing pavement results in the obliteration of traffic striping, lane lines, crosswalks, legends or other permanent traffic control installations, the C ontractor shall be required to provide temporary traffic striping following cold milling operations.

Temporary traffic striping shall be painted and shall delineate all traffic lane lines, turn pocket lanes, traffic arrows, centerlines, crosswalks and all other traffic control installations necessary to provide a safe travelling environment for the general public during the course of construction.

All temporary striping required after cold milling operations shall be painted and shall be installed per City Standards within the same workday as cold milling operations. The pavement shall be swept clean and shall be free of cold milling debris prior to installation and painting of temporary traffic striping.

All required temporary traffic striping shall be considered paid for under the Temporary Traffic Control Bid Item for which it is required and no additional compensation will be allowed.

404-10 PAVEMENT TRANSITIONS. REVISE to include the following:

Where overlays conform on existing pavement, special care shall be taken to rake the edge of the overlay to conform to the existing pavement to affect a smooth, continuous grade, and not construct “gull wings” or other types of grade breaks.

Where overlay conform cuts are shown on side streets, it is understood that the section of the side street from the street being resurfaced to conform shall be resurfaced.

404-12 PAYMENT. REVISE to include the following:

Payment for gutter cuts and conform cuts shall be included in the unit price bid for Cold Milling and shall include full compensation for making gutter or conform cuts as specified herein, or as directed by the Engineer including all work involved in grinding, blading, loading, and disposal of the material.

SECTION 405 – MICRO-MILLING

405-3 MILLING OPERATIONS.

ADD the following:
405-3.1 Milling Operations prior to slurry sealing.

The Contractor shall Micro -Mill the edges of the existing asphalt concrete pavement adjacent to the parkway gutter prior to a roadway being slurry se aled. Micro-Milling of the existing asphalt concrete pavement in preparation for Slurry Seal will be five ( 5) foot wide on average, or as directed by the City Representative and shall be at a straight grade. Elevation of the Micro -Milled asphalt concrete surface shall be 1/8” deep adjacent to the edge of gutter and shall be flush with the asphalt concrete five (5) feet from edge of parkway gutter, including all curb returns and cul-de-sacs.

When necessary, milling operations shall progress from the low side of each roadway barrel or lane and progress towards the high side. Each successive pass of the milling machine shall meet the line and grade of the previous pass. The speed of the milling machine shall be maintained at a rate which results in a uniform pavement texture.

Micro-milling shall result in a grid -patterned textured pavement surface with longitudinal ridges approximately the same distance apart as the cutting teeth. The ridges shall be consistent in depth, width, and profile. The distance between the top of each ridge and the adjacent valleys shall not exceed 1/8 inch.

The resulting profile and cross slope of the milled pavement surface shall be such that a ten (10) foot long 115
straightedge laid perpendicular or parallel to the centerline will not allow a shim with a width of one ( 1) inch and a thickness of 3/16 inch to pass under the straightedge at any point. Micro-milled pavement surfaces which do not conform to the requirements above shall be corrected by the Contractor. The Contractor shall prepare and submit to the Engineer for approval a correction plan prior to initiating corrective action.

During micro-milling operations, the cutter teeth shall be regularly checked and replaced as necessary to maintain the tolerances specified in Section 405-2.

During micro-milling operations, the Contractor shall be responsible for removal of all previous slurry seal or other materials on the existing gutter or edge of pavement adjacent to the micro-milled surface prior to slurry sealing. Method of slurry removal shall be approved by the City Representative and all such work shall be considered as included in the unit price for Slurry Seal and no additional compensation shall be allowed therefore.

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PART 6 – TEMPORARY TRAFFIC CONTROL

SECTION 600 – ACCESS
REVISE as follows:
600-1 GENERAL. REVISE to include the following:

Unless shown on the plans, street closures will not be allowed. If allowed, the Contractor shall prepare a permit application for street closure and shall attach two copies of the proposed traffic control signing, barricading, and/or detour routing including pedestrian detour. The permit application and accompanying attachments shall be submitted to the Public Works Permitting Section through the normal permitting process. The Contractor shall make any required revisions based on review comments provided by the Permitting Section. Upon approval from the Engineer, a no-fee Right of Way Construction Permit will be issued. The Contractor shall provide the project information to the Permitting Section so fees can be properly accounted for and documented. No Street Closure, Lane Closure, Detour, or other Work requiring traffic control shall commence prior to issuance of said permit.

The Contractor shall provide and install barricades, delineators, warning devices and construction signs in accordance with the current MUTCD and maintain such devices in new or like new condition for the duration of the construction project, unless otherwise approved by the Engineer. During adverse weather or unusual traffic or working conditions, additional traffic devices shall be placed as directed by the Engineer.

The Contractor shall notify the Engineer a minimum of five (5) working days prior to closing or restricting left-turn movements. A minimum of forty-eight (48) hours prior to restricting left-turn movements and/or closing left-turn lanes, the Contractor shall post Changeable Message Signs (CMS) in advance of and in the area of the closure or restriction. The CMS, as a minimum, shall notify the public of the date(s) of the closure and the duration.

The Contractor shall relocate, preserve, and maintain the visibility of all existing signs within the project limits which affect the flow of traffic, as directed by the Engineer. Any signs which are damaged or found to be missing during construction shall be replaced by the Contractor at his expense as directed by the Engineer. All other signs that interfere with the course of work and are not necessary for the safe flow of traffic will be removed by the Contractor. Traffic control signs include Stop Signs, Speed Limit, Parking Restriction, and other regulatory signs.

600-2 VEHICULAR ACCESS. DELETE in its entirety and SUBSTITUTE with the following:

Vehicular access to residential driveways shall be maintained to the property line except when necessary, construction precludes such access for reasonable periods. If backfill has been completed to the extent that safe access may be provided, and the street is opened to local traffic, the Contractor shall immediately clear the street and driveways, provide, and maintain access.

Safe, adequate, continuous, and unobstructed vehicular access shall be maintained to fire hydrants, residences, commercial and industrial establishments, churches, schools, parking lots, service stations, motels, fire and police stations, bus stops, hospitals, etc., unless otherwise approved by the Engineer.

The Contractor shall accommodate busses at bus stops or temporary relocated bus stops to allow access in and out of the construction area to pick up and deliver passengers.

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During non-working hours or when work is not scheduled, all roadway lanes shall be returned to their full traffic use by backfilling and paving open trenches unless otherwise approved by the Engineer. At the end of the workday, the Contractor shall remove all Traffic Control Devices not in use.

Temporary asphalt concrete shall be placed at all approaches to form a smooth transition between the streets and drive approaches. The Contractor shall maintain the temporary asphalt concrete until such time the permanent pavement is constructed.

600-3 PEDESTRIAN ACCESS. REVISE to include the following:

Safe, ADA compliant, adequate, continuous and unobstructed pedestrian access shall be maintained to sidewalks, crosswalks, residences, commercial and industrial establishments, churches, schools, parking lots, service stations, motels, fire and police stations, hospitals, etc.

The Contractor is responsible for providing, developing and maintaining pedestrian ADA access.

Contractor shall route pedestrian access and it shall be incorporated into the approved construction drawings; this pedestrian access route(s) shall be incorporated into both Phasing Plans (if project requires Work to be installed/constructed in different phases) and Traffic Control Plans.

ADD the following:
600-4 CONSTRUCTION PARKING CONTROL . The Contractor shall control vehicular parking to preclude interference with public traffic or parking areas, access by emergency vehicles, owne rs’ operations, construction operations, and monitor parking or construction personnel ’s private vehicles by maintaining free vehicular access to and through parking areas and prohibit parking on or adjacent to access roads or in non-designated areas.

ADD the following:
600-5 PUBLIC NOTIFICATION.

The City of Anaheim will prepare a letter in both English and Spanish versions to be delivered by the Contractor to all businesses and residents adjacent to the P roject affected by the Construction activities , including posting of both English and Spanish versions to locations as required. The letter shall be delivered a minimum of ten (10) calendar days prior to the start of Construction.

Temporary “No Parking-Road Closed” signs, as required, shall be posted at least seventy-two (72) hours in advance of the work on each street. The signs shall be placed no more than one hundred fifty (150) feet apart on each side of the street and at shorter intervals if conditions warrant, as determined by the City Representative. These signs shall never be nailed or stapled to living trees. Signs that are removed by wind, vandals, or other reasons, before the re-opening of the street, shall be re -posted by the Contractor.

The Contractor shall provide the signs and will be responsible for adding the dates and hours of closure to the signs, removal of the signs, and furnishing and placing of barricades, if necessary, for posting of the signs as applicable to each location. All signs shall be removed within 24 hours after the work is complete.

If temporary no parking must be rescheduled due to weather conditions or other unforeseen circumstances, all signs shall be removed within two (2) hours of notification by the Engineer and reposted per the requirements of this section.

The following information shall appear on each posted "No Parking” sign:
a) Date sign is in effect. NO STAGGERED MULTIPLE DATES ARE ALLOWED. b) Time-period sign is in effect.
c) Reason for posting (such as cold milling, slurry seal, crack sealing, paving, striping etc.). d) Signs shall not be posted on private property.
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e) Signs shall be posted within the parkway area or as close to the roadway as practical. f) Signs may be posted on any light standard within the parkway, except that, in the absence of such items, signs shall be attached to traffic barricades.
g) Time and/or date(s) appearing on the sign shall include only the period during which the operations are to occur. Signs shall not be reused for different locations. h) Signs shall have CVC 22651(L) on them.
i) The Contractor shall take time date stamped photos of the no parking signs for documentation of how long the notice has been posted.

Unnecessary parking restrictions will not be allowed. Contractor shall obtain the City Representative’s approval of information on the signs prior to posting.

All costs for posting and maintaining temporary "No Parking" signs shall be included in the various bid items of Work, and no additional compensation will be allowed therefore.

Upon receiving Engineer’s approval, existing parking restriction signs (due to street sweeping or parking districts) adjacent to work areas receiving temporary “no parking” signs may be covered to allow affected residence parking closer to their homes.

A minimum of seven (7) calendar days prior to starting scheduled work and re -scheduled work, the Contractor shall distribute to every residence and business affected by the work, an advisory note in the form of an 8 -1/2” by 11” flyer. This flyer will be supplied by the City of Anaheim, and Contractor is responsible for printing and reproduction, as needed. Under no circumstances will these fliers be deposited inside the mailboxes used by the United States Postal Service.

The Contractor shall provide the City Representative the list of streets that have received the seven ( 7)- day advisory note for verification. Residents living on private streets that are tributary to a public street to receive slurry seal or rehabilitation shall receive ten (10)-day notification per the notification area map.

Forty-eight (48) hours prior to starting scheduled work and re -scheduled work, the Contractor shall also distribute to every resident and business affected by the work an advisory notice in the form of a doorknob card. This notice shall include the date, starting time, approximate completion time, and telephone number of the Contractor's office for citizens' questions related to their on-street parking away from their homes.

Should the City discover that the notice was not distributed in time, the City shall have the right to direct the Contractor to stop work for the balance of the day and remove all traffic control, including uncovering the raised pavement markers. If the Contractor fails to meet the notified schedule, he shall re-schedule the work and re-distribute the advisory notice.

Under no circumstances will these advisory notices be deposited inside the Mailboxes used by the United States Postal Service.

At all entrances to subdivisions where internal circulation is restricted, the Contractor shall post "ROAD CLOSED AHEAD" signs.

The City or its representative may issue a “Stop Notice” at any time if the c ontractor fails to meet any requirement of this section or any other section of the specifications. In the event City forces or its representative are required to correct any traffic construction signing problems due to the Contractor’s failure to adhere to this section, the costs of said work will be determined using overtime rates and shall be deducted from the final payment due the contractor.” 119

Full compensation for conforming to the requirements for Public Notification , including furnishing all labor, tools, equipment, materials and incidentals required for doing all the work involved in furnishing and delivering the notices, as specified in these Special Provisions, and as directed by the Engineer, shall be considered as included in the contract price paid for other items of work and no separate compensation will be allowed therefore.

SECTION 601 – TEMPORARY TRAFFIC CONTROL FOR CONSTRUCTION

AND MAINTENANCE WORK ZONES

REVISE as follows:
601-1 GENERAL. REVISE to include the following:

The Contractor shall provide and maintain all construction area traffic controls in accordance with the latest version of the California Manual of Uniform Traffic Control Devices (MUTCD), and Work Area Traffic Control Handbook (WATCH), and these Special Provisions.

Cones which conform to the current California Manual of Uniform Traffic Control Devices (MUTCD) shall be spaced as necessary for proper delineation of the travel way. The spacing between cones shall not exceed fifty (50) feet. The minimum lane transitions shall be a 50 to 1 taper unless otherwise shown on the plans.

If the cones are damaged, displaced or are not in an upright position, from any cause, said cones shall immediately be replaced or restored to their original location, in an upright position, by the Contractor.

Where construction detours and signing conflict with existing signing, the Contractor shall cover existing signs in a manner approved by the City's Representative. The Contractor shall also provide temporary traffic delineation at the conclusion of each working day, if not sooner, as directed by the City's Representative, for any centerline, painted median or lane line, which is obliterated by construction.

The Contractor shall provide temporary delineation as directed. Temporary delineation shall include removal of conflicting markings by accepted means; installation and removal of temporary centerlines or lane lines, detour signing, barricading; and replace ment of traffic lines and markings in their proper locations upon termination of the detour. The Contractor, as required for traffic control during construction, shall remove conflicting existing and temporary striping, by methods accepted by the Engineer. Blacking out the pavement will not be allowed. Temporary reflective striping tape may be used, except that it shall not be applied to final asphalt surfaces. Tape shall be removed from temporary surfaces prior to placement of additional asphalt.

The Contractor shall maintain a 24- hour emergency service to remove, install, relocate, and maintain warning devices and shall furnish to the City's Representative, names and telephone numbers of three people responsible for this emergency service. In the event the Contractor does not promptly respond when notified, the City may make corrections at Contractor’s expense.

Each workday, the Contractor shall ensure traffic control is in place prior to starting construction.

Should the Contractor appear, in the opinion of the Engineer, to be lacking in providing adequate warning devices and protective measures as above provided, the Engineer may direct attention to the existence of a hazard, and the necessary warning and protective measures shall be furnished and installed by the Contractor, at his/her expense. Should the Engineer point out the inadequacy of warning and protective 120
measures, such action on the part of the Engineer shall not relieve the Contractor from responsibility for public safety or abrogate its obligation to furnish and pay for these devices.

The Contractor shall notify the City Representative its intent to begin work at each location at least ten (10) days before work is to begin. The Contractor shall cooperate with local authorities relative to handling traffic through the area.

Work that interferes with public traffic shall only be performed during the hours specified for lane closures in the Special Provisions or shown on the temporary traffic control plan.

The Contractor shall always maintain access to all driveways unless otherwise approved by the Engineer.

The Contractor shall coordinate his weekly construction schedule to avoid conflicts with trash collection.

Contact the City Representative for questions regarding trash collection schedules.

The Contractor shall research where schools may be impacted by the project. It shall be Contractor's responsibility to coordinate the work with each school administrative office and to maintain ingress-egress to the school parking area at all times.

The Contractor shall comply with all local sound and noise level rules, regulations, and ordinances, which apply to all aspects of the work, performed pursuant to this contract.

At the pre-construction meeting, the Contractor shall provide the City with samples of the “No Parking- Road Closed” signs to be posted on affected streets.

The Contractor shall notify the occupants of all affected properties at least forty-eight (48) hours prior to any temporary obstruction of access. No overnight closure of any driveway will be allowed except as permitted by the Engineer.

The Contractor shall have all Traffic Control Devices properly installed prior to commencing construction and shall maintain these devices to ensure proper flow and safety of traffic while working in the street.

The Contractor shall be responsible for any additional Traffic Control Devices deemed necessary by the Engineer to assure public safety at all times.

The Contractor shall always maintain reasonable access to all businesses and residents . At least one (1) twelve (12) foot wide traffic lane shall always be provided for each direction of travel on all streets, except as permitted by the Engineer. Multiple lane closures (2 or more) on major corridors within the Resort and Platinum Triangle areas may require night work and are subject to approval by the Engineer. The traffic lanes shall be maintained on pavement and shall remain unobstructed. All lanes must be opened after non- working hours unless otherwise shown in the approved Traffic Control Plans.

The Contractor shall install detour signs per approved Traffic Control Plans. Detour signs posted or attached to power poles, street light structures, utility poles or structures, etc., shall bear the Project Name and Contractor’s Name written legibly on the back of each sign posted or installed. At the completion of the project, these detour signs shall be cleared off the area and shall comply with all the provisions of Section 3-12 WORK SITE MAINTENANCE.

Drive approaches shall be opened at the end of the normal recommended concrete curing time for high early strength concrete . A minimum of seven (7) days prior to the start of construction, the Contractor shall install informational signs for the Project, as directed by the Engineer. The informational signs shall be per City Standard Detail 175.
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ADD the following:
601-1.1 Working Hours and Lane Requirements
Perform all traffic control shall be within the working hours per Section 6 -1 Construction Schedule and Commencement of Work , unless approved in advance by the City Representative. No work shall be performed on weekends and City recognized holidays without written City approval.

(USE THIS FOR NEIGHBORHOOD PROJECTS)
Local Streets, Parks, Parking Lots, and Off-Street Bike Trails: Work on residential streets, parks, parking lots and off-street bike trails shall be permitted Monday through Friday between the hours of 7:00 a.m. and 3:30 p.m. Installation of traffic control shall start no sooner than 7:00 a.m. Spreading of the last load of slurry seal shall be com pleted by 1:00 p.m. or as determined by the City Representative. Completion of work and the removal of all traffic control shall be completed by 3:30 p.m.

Arterial and Collector Streets: Work on arterial and collector streets shall be permitted Monday through Friday between the hours of 8:30 a.m. and 3:30 p.m. Installation of traffic control shall start no sooner than 8:00 a.m. Spreading of the last load of slurry seal shall be completed by 1:00 p.m. or as determined by the City Representative. For all other Work, completion of work and the removal of all traffic control shall be completed by 3:30 p.m.

601-1.2 Late Reopening of Closures and Required Contingency Plan.

If a closure is not reopened to public traffic by the specified time, Work shall be suspended in conformance with the provisions in 6-6. No further closures shall be made until the Engineer has accepted a contingency plan, submitted by the Contractor, that will ensure future closures will be reopened to public traffic at the specified time. A detailed contingency plan shall be prepared and submitted to the Engineer within one (1) business day of the Engineer's request. The Engineer will have two (2) Working Days to accept or reject the Contractor's proposed contingency plan. The Contractor will not be entitled to compensation for the suspension of work resulting from the late reopening of closures.

601-1.3 Authority of City Representative.

The provisions of this section may be modified or altered if, in the opinion of the City Representative, public traffic will be better served, and work expedited.

601-1.4 Execution.

The Contractor shall field check all temporary traffic control signs, barricades, and other devices at least three (3) times every day, including Saturdays, Sundays, and holidays to insure their proper maintenance and conformance to the Contract Documents and detailed instructions by the City Representative.

Should the Contractor fail to properly place and/or maintain delineated lane closures or work areas, the City, at its option and at the Contractor’s sole cost and expense, may place or maintain delineation, barricades, or other devices, as may be necessary, to protect the public.

601-2.2 Payment. DELETE the sentence and SUBSTITUTE with the following:

Full compensation for conforming to the requirements for Traffic Control, including creating and revising permit applications, acquiring an approved permitted traffic control permit, furnishing all labor, tools, equipment, materials and incidentals required for doing all the work involved in all temporary traffic control related work involving placing, removing, storing, maintaining, moving to new locations, replacing and disposing of the components of traffic control system, complete in place, all associat ed temporary signing and striping; placing temporary asphalt concrete paving as necessary to facilitate traffic control for the project, to accommodate rerouting of both vehicular and pedestrian circulation; flashing arrow signs; portable changeable message signs ( PCMS); flagging and/or flagger costs; and project 122
notifications, as specified in the Standard Specifications and these Special Provisions, a nd as directed by the Engineer.

Payment for this item shall be made at the contract lump sum bid price for traffic control plans, furnishing, installing, maintaining and finally removing any necessary traffic control including way- finder signs for pedestrians, temporary railings/ barricades where required, temporary traffic signage, striping, detours, road closures, lights, fences, flares, temporary paving, flashing arrow signs, P CMS, flagging, and such other items and services shown on the plans and/or as are necessary to adequately safeguard the public from hazard and unnecessary inconvenience. All such work s hall be as provided herein, and/or directed by the Engineer. Payment will be made on a pro rata basis of the price bid will be paid with each payment application based on the value of work completed.

601-3 TEMPORARY TRAFFIC CONTROL (TTC) ZONE DEVICES.
601-3.1 General. Modify to ADD the following:

The Contractor shall have all Traffic Control Devices properly installed prior to commencing construction and shall maintain these devices to ensure proper flow and safety of traffic while working in the street.

Furnish, install, and maintain Traffic Control Devices, equipment, materials, and other safeguards to provide safe and effective work areas, and to warn, control, protect and expedite vehicular and pedestrian traffic.

On a daily basis, remove temporary traffic delineation, signage and other devices when no longer required.

Restore areas to original or to specified conditions.

The Contractor shall be responsible for any additional Traffic Control Devices deemed necessary by the Engineer to always assure public safety.

Traffic control work and Traffic Control Devices for construction shall conform to the latest edition of:
a) MUTCD
b) Work Area Traffic Control Handbook (WATCH manual)
c) Standard Specifications
d) O.S.H.A. requirements
e) California Vehicle Code

601-3.5 Signs and Signage.
601-3.5.1 General. REVISE to include the following:

The Contractor shall:
a) Use only signs that conform to the dimension, color, legend, reflectorization and lighting requirements of the current WATCH, MUTCD and the Contract Documents. b) All sign panels shall be the product of a commercial sign manufacturer but need not be new. Used sign panels clean and in good repair, as determined by the Engineer, may be used. Sign panels for portable signs may be metal, cotton drill fabric, flexible industrial nylon fabric or other approved fabric.
c) Temporary stop signs shall have a minimum clearance of seven (7) ft. from bottom of sign to existing ground or pavement.

601-3.7.2 Flags.

ADD the following:
601-3.7.2.1 Flaggers.
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The Contractor shall provide flaggers as required by the Engineer to give adequate warning to traffic or to the public of any dangerous conditions to be encountered, and employ only flaggers trained in flagging fundamentals and procedures referred to in the “Flagger Handbook” available on the Internet at the following web site:
https://dot.ca.gov/programs/construction/safety-traffic/flagging-handbook Payment for flagging is considered as included in the various items of work and no additional compensation will be allowed, therefore.

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PART 7 – STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS

DELETE Sections700-1 through 700-3.11 in its entirety and SUBSTITUTE with the following:

SECTION 700 – MATERIALS
700-1 GENERAL
For Traffic Signal System materials , attention is directed to the “ City of Anaheim Traffic Engineering Specifications for Traffic Signal and Safety Lighting Facilities” and the Intelligent Transportation System (ITS) Special Provisions following herein the contract documents, except as specified.

700-3.12 Detectors.

The Contractor shall coordinate with the Engineer at least forty -eight (48) hours prior to replacing any existing traffic signal loop detectors to place traffic signal into fixed-time operation during construction.

New traffic signal loops shall be installed within two (2) calendar days after the final surface pavement is placed.

700-3.12.1 Inductive Loop Detectors.

Traffic signal detection shall not be interrupted for a period longer than forty-eight (48) hours. Any project, public or private, which renders the vehicle loop detectors inoperative during the course of construction activities, the Contractor shall replace the loops or install video detection capabilities at all effected project intersection(s) by the end of the forty-eight (48) hours. Any proposed video detection system shall comply with the City Specifications and be approved by the Engineer, or his representative, prior to installation by the C ontractor. Compensation for the loop detectors or video detection system shall be paid for the item of work, no additional compensation shall be allowed.

Inductive loop detectors and detector amplifier units shall conform to the provisions of Section 86- 5.01, "Vehicle Detectors" of the State Standard Specifi cations and Standard Plans, Revised 2018 Edition and City Standard Details except as amended herein and in the Traffic Engineering Specifications for Traffic Signals, Safety Lighting Facilities, and Special Provisions.

The term “inductive loop detector” applies to a complete vehicle detection installation consisting of a conductor loop or group of loops installed in the roadway, steel conduit, pull boxes, lead-in cable (DLC), and detector (amplifier) unit and power supply installed in a traffic signal controller cabinet.

Inductive loop detectors shall be Type “E” and consist of three turns of type 2 loop wire. Do not use preformed inductive loops unless otherwise shown on the PLANS. Loop detector configuration and location shall be installed in accordance with City Standar d Detail No. 410, and as shown on the plans.

The Engineer shall approve the loop detector layout prior to installation by the Contractor. Header loops shall straddle the limit line or stop bar.

Loop detector lead -in cable shall be “Type B”. All detector loop wires shall be joined as specified in Section 86-2.09C, "Connectors and Terminals," of the State Standard Specifications or as approved by the Engineer. Splices in pull boxes shall be insulated as specified in Section 86- 2.09E, "Splice Insulation," of the Standard Specifications. Each DLC shall be tagged with a plastic or aluminum label that specifies the phase. Each loop shall be identified in the pull box as to number and lane assignment. The Contractor will furnish tags.

Loop conductors and sealant shall be installed on the same day as the loop slots are cut. All for filling slots shall conform to State Specifications. The sealant for filling slots in asphalt concrete shall be Hot- Melt Rubberized Asphalt Sealant. Elastomeric sealant shall be used only for filling slots in Portland concrete.
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Holes larger than 4-inches across made in the pavement due to loop installation shall be filled with asphalt concrete hot mix.

Where the existing interconnect conduit is to be used for advanced/system loop detectors, the Contractor shall use extreme care not to damage the existing cables (i.e. twisted pair, fiber optic, sign control cable) when installing new lead- in cable. Any existing cable damaged by the C ontractor shall be replaced at his/her expense.

All detector loops in a travel lane shall be series connected and all travel lanes shall be series connected to a maximum of three (3) lanes per sensor unit, unless otherwise directed by the Engineer.

Detectors units shall be two channel rack mounted, inductive loop type with external timing switches conforming to EDI Model #LM 602t, or approved equivalent. Detector unit power supplies shall be rack mounted. The power supply pin out configuration shall be identical to EDI Model #PS-175 (24 volt) power supply. All detector power supplies shall be interchangeable.

Unless otherwise provided for in the contract documents, compensation for installation of loop detectors shall be deemed included in the
contract price bid for the item of work, and no additional payment will be made therefore.

700- 3.12.2 Video Image Detection System (VIDS)

Video Detection shall conform to the Intelligent Transportation System (ITS) Special Provisions.

Minimum requirements for video detection include high- definition (HD) resolution of 720p or higher video image detection system (VIDS) capable of configuring and detecting vehicles, bicycles, and motorcycles on a roadway by processing real-time, live video images. VIDS shall be capable of providing vehicle presence, traffic performance data, e.g. volume counts, and speed. In addition, VIDS shall be capable of transmitting over Ethernet network full-motion, high-definition (HD) video for real-time traffic control and monitoring.

The City has pre -approved the complete Econolite Autoscope Vision System with minimum one (1) Autoscope Vision camera per intersection leg (wide intersection approaches may require more than one Autoscope Vision camera), Autoscope Vision Comm Manager (for up to eight Vision cameras), all cabling, wiring and mounting hardware to achieve the intended operation. Alternates presented by the Contractor shall be reviewed for approval by Traffic Systems Maintenance Operations.

The Contractor shall coordinate with the Engineer to contact Traffic Systems Maintenance Operations seven (7) days prior to start of work to arrange for installation of video detection.

Mounting of Video Detection shall be as called out on the Plans and in accordance with Caltrans Standard Plan ES-7R.

CONTRACTOR shall arrange, at his expense, to have a manufacturer's representative qualified to work on VIDS present whenever the equipment is installed, modified, connected, and reconnected.

Payment for conformance to the requirements of this section shall be considered as included in the bid price paid for construction of traffic signal and safety lighting facilities and no additional compensation will be allowed.

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SECTION 701 – CONSTRUCTION

DELETE in its entirety and SUBSTITUTE with the following:
701-1 GENERAL
For Traffic Signal System construction, attention is directed to the “City of Anaheim Traffic Engineering Specifications for Traffic Signal and Safety Lighting Facilities” and the Intelligent Transportation System (ITS) Special Provisions following herein the contract documents, except as specified.

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PART 8 – LANDSCAPING AND IRRIGATION

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