11 Withdrawal of Proposals: Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids only by written request for the withdrawal of the bid filed with the City Engineer. The request shall be executed by the Bidder or their duly authorized representative. The withdrawal of a bid does not prejudice the right of the Bidder to file a new bid. Bids are opened exactly at the time fixed in the public notice for opening bids. A bid will not be received after that time, nor may any bid be withdrawn after that time.
No Bidder may withdraw his bid within ninety (90) days after the actual date of the opening thereof.
Insurance: Without limiting Contractor's indemnification, Contractor shall maintain in force at all times during the performance of this agreement the insurance provisions set out in the Contract Agreement.
City Business License and Permits: The successful Bidder shall obtain a valid City of Hermosa Beach Business License prior to commencing work under this Contract.
The successful Bidder will be required to obtain City Right of Way Permit to work in public right-of-way, issued at no fee for the project.
Increased or Decreased Quantities: The City reserves the right to increase, or decrease, or to entirely eliminate items or portions of items from work if found desirable or expedient.
Approximate Estimate: The quantities in the Bid Schedule are approximate only, being given as a basis for the comparison of bids. The City does not, expressly or by implication, agree that the actual amount of work will correspond therewith. The Contractor shall verify in the field the accuracy of the estimated quantities.
Examination of Plans, Specifications, Contract, and Site of Work: The Bidder shall examine carefully the site of the work contemplated, the Plans and Specifications, and the proposal and Contract forms therefor. The submission of a bid shall be conclusive evidence that the Bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality and scope of work to be performed, the quantities of materials to be furnished, and as to the requirements of the proposal, Plans, Specifications, and the Contract.
Where the City may have made investigations of subsurface conditions in areas where work is to be performed under the Contract, such investigations are made only for the purpose of study and design. Where such investigations have been made, Bidders or Contractors may, upon written request, inspect the records of the City as to such investigations subject to and upon the conditions hereinafter set forth. Such inspection of records may be made at the office of the City Engineer.
The records of such investigations are not a part of the Contract and are shown solely for the convenience of the Bidder or Contractor. It is expressly understood and agreed that the City assumes no responsibility whatsoever in respect to the sufficiency or accuracy of the investigations thus made, the records thereof, or of the interpretations set forth therein or made by the City in its use thereof and there is no warranty or guaranty, either expressed or implied, that the conditions indicated by such investigations or records thereof are representative of those existing throughout such areas, or any part thereof, or that unlooked for developments may not occur, or that materials other than, or in proportions different than these indicated, may not be encountered.
12 Bidders shall satisfy themselves by personal examination of the locations of the proposed work, and by such other means as they may choose as to actual conditions and requirements and as to the accuracy of the quantities stated in the Proposal forms. Information derived from the maps, plans, specifications, profiles, or drawings, or from the Engineer or his assistants (or the Architects or their assistants), shall not relieve the Bidder of this responsibility, and the interpretation of the data disclosed by borings or other preliminary investigations is not guaranteed nor is any liability assumed by the City.
If a prospective Bidder is in doubt as to the true meaning or intent of any part of the Contract Documents including the Specifications, or discovers discrepancies in, or omissions from, the Specifications or Drawings, they may submit to the Engineer a written request for an interpretation or a correction thereof via Planet Bids. Interpretations or corrections of the Contract Documents including the Specifications and Drawings, shall be made only by addendum duly issued by the Engineer, and a copy of such addendum will be uploaded on Planet Bids and such addendum shall be considered a part of and incorporated in the Contract Documents.
Relief of Bidders: If the Bidder claims a mistake was made in their bid, the Bidder shall give the City written notice within five (5) days after the opening of the bids of the alleged mistake, specifying in the notice in detail how the mistake occurred.
Disqualification of Bidders: More than one proposal from an individual, firm, partnership, corporation, or combination thereof under the same or different names will not be considered.
Reasonable grounds for believing that any individual, firm, partnership, corporation, or combination thereof is interested in more than one proposal for the work contemplated may cause the rejection of all proposals in which such individual, firm, partnership, corporation, or combination thereof is interested. If there is reason for believing that collusion exists among the Bidders, any or all proposals may be rejected. Proposals in which the prices obviously are unbalanced due to mathematical errors may be rejected.
Award of Contract: The award of the Contract, if it be awarded, will be to the lowest responsible Bidder whose proposal complies with all of the requirements prescribed. Such award, if made, will normally be made within in ninety (90) calendar days of the opening of the proposals.
If the lowest responsible Bidder refuses or fails to execute the Contract, the City may award the Contract to the second lowest responsible Bidder. If the second lowest responsible Bidder refuses or fails to execute the Contract, the City may award the Contract to the third lowest responsible Bidder.
Execution of Contract: The Contract shall be signed by the successful Bidder and returned, together with the Contract bonds, insurance endorsements and certificates, and all other required documents within ten (10) business days after the Bidder has received notice of intent to award.
Failure to Execute Contract: Failure of the lowest responsible Bidder, the second lowest responsible Bidder, or the third lowest responsible Bidder to execute the Contract and file acceptable bonds as provided herein within ten (10) business days after such Bidder has received notice that the Contract has been awarded to them shall be just cause for the forfeiture
13 of the proposal guaranty. The successful Bidder may file with the City Engineer a written notice, signed by the Bidder, or his authorized representative, specifying that the Bidder will refuse to execute the Contract if presented to him. The filing of such notice shall have the same force and effect as the failure of the Bidder to execute the Contract and furnish acceptable bonds within the time herein above prescribed.
Return of Proposal Guaranties: Within ten (10) business days after the award of the Contract to the lowest responsible Bidder, the City will return the proposal guaranties, other than Bidder's bonds, accompanying such of the proposals as are not to be further considered in making the award. Retained proposal guaranties will be held until the Contract has been finally executed, after which all proposal guaranties, except Bidder's bonds and any guaranties which have been forfeited, will be returned to the respective Bidders whose proposals they accompany.
Qualifications of Bidders: Each Bidder shall be skilled and regularly engaged in the general class or type of work called for under the Contract. A statement setting forth their experience shall be submitted by each Bidder on the References of Work form provided herein.
Each Bidder shall possess valid active Contractor’s License issued by the Contractor’s State License Board at the time their bid is submitted. The class of license shall be applicable to the work specified in the Contract. Each Bidder shall also have no less than five (5) years’ experience in the magnitude and the character of the work bid.
Pursuant to section 1103 of the Public Contract Code, City staff has determined that the following non-exhaustive experience is reasonably necessary to satisfactorily perform the public works Contract:
The Contractor shall have a minimum of three (3) projects of similar type of construction and magnitude with other public agencies within the past five (5) years.
The Contractor shall have been in the business under the same name and California Contractor’s License for a minimum of five (5) continuous years prior to the bid opening date for this project. The license used to satisfy this requirement shall be of the same type as that required by the Contract.
The Contractor shall perform above 50% of the Contract with its own forces.
Bidders must be thoroughly competent and capable of satisfactorily performing the work covered by the proposal. They shall have had project experience similar to the project scope of work. When requested, they shall furnish such statements relative to previous experience on similar work, the plan or procedure proposed, and the organization, machinery, plant, and other equipment available for the contemplated work, and the financial condition and resources of the Bidder, as may be deemed necessary by the City Engineer in determining such competence and capability.
The City of Hermosa Beach will not enter into a Contract with any Bidder who is not properly licensed to do the work of this Contract under the provisions of Section 7000 et seq., of the Business and Professions Code, unless particularly exempted by the terms thereof. A bid by a Contractor who is not properly licensed shall be considered non-responsive and will be rejected. The Contractor must hold all sub-Contractors to these same Contract requirements.
14 The sheet for Bidder's signature in the Bid Proposal shall clearly show the Contractor's name, address, telephone number, State of California Contractor’s license number, classification, and date of expiration.
Completeness of Bids: Bids are required for the entire work. The amount of the bid for comparison purposes will be the total bid price of all items. The Bidder shall set forth the bid price for each item in the respective spaces provided for these purposes.
In case of discrepancy between the unit price and the total set forth for the item, the unit price shall prevail, provided, however, if the amount set forth as a unit price is ambiguous, unintelligible or uncertain for any cause, or is omitted, or in the case where the unit price is the same amount as the entry in the "Total" column, then the amount set forth in the "Total" column for the item shall prevail in accordance with the following:
a) As to lump sum items, the amount set forth in the "Total" column shall be the unit price. b) As to unit price items, the amount set forth in the "Total" column shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price.
The City may waive technical or non-substantive inconsistencies in any bid.
Non-discrimination: Pursuant to the provisions of 31 CFR, Part 51, Section 51.55, the Revenue Sharing Act, notice is hereby given of the following policy, effective immediately:
The City of Hermosa Beach does not discriminate on the basis of handicapped status in admission or access to, or treatment of, or employment in, its programs and activities. The office that will coordinate compliance is that of Human Resources.
Workers’ Compensation Insurance: Before execution of this Agreement by the City, the Contractor shall file with the City’s Risk Manager the following signed certification:
“I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability for Workers’ Compensation or to undertake selfinsurance before commencing any of the work.” The Contractor shall also comply with Section 3700 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers’ Compensation Insurance, and shall furnish a Certificate of Insurance to the City’s Risk Manager reflecting such insurance before this Agreement becomes effective. Contractor shall fully indemnify and hold harmless City, its attorneys, agents, officers, and employees for any claims in law or equity occasioned by the failure of Contractor to comply with the terms of this section. Every Workers’ Compensation Insurance policy required hereunder, shall bear an endorsement, or shall have attached a rider, providing that in the event of expiration or proposed cancellation of such policy for any reason whatsoever, the City’s Risk Manager shall be notified of such action by registered mail, postage prepaid, return receipt requested, at least 30 days before such expiration or cancellation becomes effective.
Indemnification: Bidders are instructed to refer to the Contract Agreement.
Subcontractors: Bidders must list the name, address of the place of business, Contractor license number, and DIR registration number for each subcontractor to be responsible for more
15 than 1/2 of 1% of the total bid, and the portion of the job for which that subcontractor is responsible. Only one subcontractor may be listed for each portion of the job.
Unfair Business Practices Claims: In entering into a public works Contract or a subcontract to supply goods, services, or materials pursuant to a public works Contract, the Contractor or sub-Contractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works Contract or the subcontract. This assignment shall be made and become effective at the time the awarding body renders final payment to the Contractor without further acknowledgment by the parties. (Section 7103.5, California Public Contract Code.)
Bidder Registration Requirement: Pursuant to Labor Code sections 1725.5 and 1771.1, all Contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a Contract to perform public work must be registered with the Department of Industrial Relations (DIR). No bid will be accepted, nor any Contract entered into without proof of the Contractor’s and subcontractors’ current registration with the DIR to perform public work. If awarded a Contract, the Bidder and its subcontractors, of any tier, shall maintain active registration with the DIR for the duration of the Project. To this end, Bidder shall sign and submit with its bid proposal the Public Works Contractor Registration Certification on the form provided, attesting to the facts contained therein. Failure to submit this form may render the bid nonresponsive. In addition, each Bidder shall provide the registration number for each listed subcontractor in the space provided in the Subcontractors List form.
Claim Procedures: Bidders are instructed to refer to the Contract Documents, including by way of illustration and not by limitation the Contract Agreement.
Protest Procedures: Bidders may file a “protest” of a bid proposal with the City’s City Manager. In order for a Bidder’s protest to be considered valid, the protest must:
A. Be filed in writing within five (5) calendar days after the bid opening date; B. Clearly identify the specific irregularity or accusation; C. Clearly identify the specific City staff determination or recommendation being protested;
D. Specify in detail the grounds for protest and the facts supporting the protest; E. Include all relevant supporting documentation with the protest at time of filing; and
F. Be transmitted concurrently to all other parties with a direct financial interest that may be adversely affected by the outcome of the protest. Such parties shall include all other Bidders or proposers who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest.
If the protest does not comply with each of these requirements, the City may reject the protest with or without further review.
16 If the protest is timely and complies with the above requirements, the City Manager, or other designated City staff member, shall review the protest, any response from the challenged Bidder(s), and all other relevant information, and will provide a written decision to the protestor.
The City Manager or designee shall have up to ten calendar days to decide whether to approve or reject the protest. The written decision of the City Manager or designee on the protest shall be served upon the protesting Bidder and any Bidder subject to the protest within fourteen (14) calendar days of receipt of the bid protest. The City Manager or designee may extend the ten (10) calendar days if necessary, to review additional information requested from any Bidder.
If the protester wishes to further contest the protest, it shall appeal this decision to the City Council by filing a statement of appeal with the City Clerk within five (5) days of the issuance of the City Manager’s decision. Said statement of appeal shall include all information required of the original bid protest, as well as s short and plain statement setting forth why Protester disputes the City Manager’s decision and the legal and factual basis for such dispute. Any person or entity may present a formal protest to the City with respect to solicitations being conducted by staff.
A Bidder whose bid has been protested by another Bidder may submit to the City Manager a written response to the protest by email or by personal delivery or overnight mail to City Hall, 1315 Valley Drive, Hermosa Beach, California 90254, so that it is received by the City no later than seven calendar days after the protest has been served by the protesting Bidder.
1. Definitions
a. “Bidder” means any person or firm providing a timely, written response to the City solicitation.
b. “Bid Protest” means any protest with regard to the response submitted by another Bidder.
c. “Response” means the written response to the City solicitation provided by a person or firm.
d. “Solicitation Protest” means a statement of protest, dispute, challenge, disagreement, disapproval or other objection regarding documents, determinations or actions taken or contemplated by the City with respect to a solicitation.
e. “Solicitation” means the document by which the City identifies goods, equipment, services, or public construction projects for which it seeks a response.
2. Format – The protest must be in writing and include the following information at a minimum:
a. The name, address, and phone number of the protester, or the authorized representative of the protester;
b. The signature of the protester or authorized representative of the protester; c. The project number and title under which the protest is submitted;
17 d. A detailed description of the legal and/or factual grounds for the protest and all supporting documentation. For protests containing elements not based on publicly released information the protest must contain documentation clearly showing the date on which the protester received the information; and e. The form of relief requested.
3. State or Federal Funding
If the subject matter of the solicitation or project is receiving any state or federal funds which requires a protest procedure different than the procedures stated above, then that protest procedure shall control.
In the event there is any lawsuit filed against the City relating to any federally funded project, the City will provide prompt notice of that lawsuit to all agencies who participated in the funding of the project.
4. Mandatory Procedure
This administrative procedure and the time limits set forth herein are mandatory.
Failure to comply with these mandatory procedures shall constitute a waiver of any right to pursue the bid protest, including filing a Government Code claim or any legal proceedings or actions.
18 IV. BID DOCUMENTS
A. PROPOSAL
CIP NO. 502 GREENBELT PEDESTRIAN TRAIL
CIP NO. 604 CITY WIDE ADA IMPROVEMENTS
CIP NO. 194 ANNUAL STRIPING IMPROVEMENTS
CONTRACTOR: Date: ___________________
TO: City of Hermosa Beach
Honorable Mayor and Members of the City Council City Hall Hermosa Beach, California, 90254
Ladies and Gentlemen:
The undersigned declares that he/she has carefully examined the location of the proposed work and that he/she has examined the Plans and Specifications, has read the Contract Documents, and hereby agrees to furnish all labor, materials, equipment, tools, transportation, and services to do all work required for:
CIP NO. 502 GREENBELT PEDESTRIAN TRAIL
CIP NO. 604 CITY WIDE ADA IMPROVEMENTS
CIP NO. 194 ANNUAL STRIPING IMPROVEMENTS
In accordance with the Plans and Specifications prepared by the Engineer, in accordance with the Special Provisions, the Contract Documents, and in accordance with the Standard Specifications for Public Works Construction 2021, Unified Building Code for Construction (current edition) (except Sections 1-9), and the requirements of the Engineer under said documents, for the prices shown herein.
The Contractor also certifies that they are registered with the Department of Industrial Relations.
All work shall be completed within 50 working days from the date the Notice to Proceed is issued by the Engineer.
Contractor Signature PWCR Registration Number
19 B. BID SCHEDULE
CIP NO. 502 GREENBELT PEDESTRIAN TRAIL
CIP NO. 604 CITY WIDE ADA IMPROVEMENTS
CIP NO. 194 ANNUAL STRIPING IMPROVEMENTS
Item
No.
Estimated
Quantity
Unit Description of Work Payment
Reference
Unit
Price Total
1 1 LS
Mobilization and Demobilization
(5% max. of total bid schedule
cost)
7-3.4
- $
2 101 LF Remove Existing Curb 7-6.4 $
3 24 LF Remove Existing Curb and
Gutter
7-6.4 $
4 780 SF Remove Existing PCC Sidewalk
and Curb Ramp
7-6.4 $
5 125 SF Remove Existing Pavement
Striping
7-6.4 $
6 1420 SF Remove Existing AC Pavement 7-6.4 $
7 12,755 CF Remove Existing Wood Chip
Trail
7-6.4 $
8 4,780 SF Clearing and Grubbing 7-6.5 $
9 1 LS
Remove Existing Fitness
Equipment and Associated
Footings
7-6.4
- $
10 6 EA Remove Existing Tree
(Including Stump and Roots)
7-6.6 $
11 1 EA Remove Existing Stump and
Roots
7-6.6 $
12 62 LF Construct 6” Curb 7-6.7 $
13 61 LF Construct 6” PCC Curb and 24”
PCC Gutter
7-6.8 $
14 700 SF Construct 4” PCC Sidewalk 7-6.9 $
15 213 SF Construct 4” PCC Curb Ramp 7-6.10 $
16 76 SF Furnish and Install Detectable
Warning Surface
7-6.11 $
17 1356 SF Construct AC Pavement 7-6.12 $
18 2 EA Relocate Existing Sign and
Signpost
7-6.13 $
20 Item
No.
Estimated
Quantity
Unit Description of Work Payment
Reference
Unit
Price Total
19 1 EA Furnish and Install Sign Post 7-6.14 $
20 10 EA Furnish and Install Signs 7-6.14 $
21 1 EA Install City Furnished RRFB
Model System on Existing Post
7-6.15 $
22 1 EA Install City Furnished RRFB
Model System on New Post
7-6.15 $
23 16 SF Construct 4’ Ribbon Gutter 7-6.16 $
24 225 LF 4” ADA Parking Striping 7-6.17 $
25 3 EA Handicap Symbol Striping 7-6.17 $
26 2 EA “No Parking” Symbol Striping 7-6.17 $
27 20 LF Yield Line Striping 7-6.17 $
28 120 SF Crosswalk Striping (Continental) 7-6.17 $
29 2 EA Furnish and Install Wheel Stop 7-6.18 $
30 2 EA Adjust Water Valve to Grade 7-6.19 $
31 1 EA Adjust Backflow System to
Grade
7-6.19 $
32 24,566 SF Construct Stabilized
Decomposed Granite
7-6.20 $
33 320 LF Install Flush Redwood Header 7-6.21 $
34 3,435 LF Install Concealed Redwood
Header
7-6.21 $
35 2 EA Salvage and Reinstall Existing
Memorial Bench
7-6.22 $
36 2 EA Install City Furnished Memorial
Bench
7-6.22 $
37 2 EA Salvage and Reinstall Existing
Trash Can
7-6.22 $
38 2 EA Install City Furnished Fitness
Equipment Set
7-6.22 $
39 160 SF Construct Cast in Place Concrete
Paving for Benches
7-6.23 $
40 12 EA Install 48” Box Tree 7-6.24 $
41 14 EA Install 15 Gallon Shrub 7-6.24 $
42 249 EA Install 5 Gallon Shrub 7-6.24 $
43 22 EA Install 1 Gallon Shrub 7-6.24 $
21 (Total Bid in Figures) ______
(Total Bid in Words)
Contractor Name: ______
In case of any discrepancy between the words and the figures, the words shall prevail. If the unit price and the total amount for any item are not in agreement, the unit price alone shall be considered to represent the Bidder’s intention and all totals will be corrected to conform thereto. Attached hereto is cash, a certified check, a cashier's check, or a Bidder's bond in the amount of
__________________________________________________Dollars, said amount being not less than ten (10) percent of the amount bid. It is agreed a portion equal to the difference between the low bid and second low bid shall be retained as liquidated damages by the City if the undersigned fails or refuses to execute the Contract and furnish the required bonds and certificates of insurance within the time provided.
Contractor Signature: __________________________________________ PW Registration #:
State License #:
Contractor Company Name: __________________________________________ Item
No.
Estimated
Quantity
Unit Description of Work Payment
Reference
Unit
Price Total
44 2,254 SF Install Sod 7-6.24 $
45 10,300 SF Install Hydroseed 7-6.24 $
46 1 LS Adjust and Install New Existing
Irrigation System
7-6.25 - $
22 C. BID BOND
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, ________________________________, (hereinafter referred to as "Contractor") intends to submit a bid to the City of Hermosa Beach, California, a Municipal Corporation, for the performance of certain work as required in the City of Hermosa Beach CIP NO. 502 GREENBELT PEDESTRIAN TRAIL, CIP NO. 604 CITY WIDE ADA IMPROVEMENTS, AND CIP NO. 194 ANNUAL STRIPING IMPROVEMENTS said work being: CIP NO. 502 GREENBELT PEDESTRIAN TRAIL, CIP NO. 604 CITY WIDE ADA IMPROVEMENTS, AND CIP NO. 194 ANNUAL STRIPING
IMPROVEMENTS as shown in this specification, and in compliance with the specifications therefore under an invitation of said City contained in a notice or advertisement for bids or proposals.
NOW, THEREFORE, we, the Contractor, as Principal, and
______________________ _______________________________ a corporation organized and existing under the laws of the State of _________________, duly authorized to transact business under the laws of the State of California as Surety, are held and firmly bound unto the City of Hermosa Beach, as Obligee, in the sum of ___________________________________ Dollars ($_______________) lawful money of the United States of America, said sum being not less than ten percent (10%) of the bid amount for the payment of which sum well and truly to be made, the said Principal, and said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT: If the bid of the said Principal is rejected by the said Obligee; or if the said Obligee shall accept the bid of the said Principal and said Principal shall enter into an Agreement with said Obligee in accordance with the terms of the bid, and shall give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Agreement and for the prompt payment of labor and material furnished in the prosecution thereof; or in the event of the failure of said Principal to enter such Agreement and give such bond or bonds, if said Principal shall pay to said Obligee the difference not to exceed the penalty thereof between the amount specified in said bid and such larger amount for which said Obligee may in good faith Contract with another party to perform the work covered by said bid, then this obligation shall be null and void, otherwise to remain in full force and effect.
In case suit is brought upon this bond, the court shall fix and award and the surety shall pay, in addition to the face amount hereof, costs and reasonable attorney's fees incurred by the City of Hermosa Beach in successfully enforcing said obligation.
IN WITNESS THEREOF, we have hereunto, set our hands and seals this ___________ day of ______________________, ______.
Principal
By
Title
23 Surety
By
Title
24 Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED
DOCUMENT ¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General Number of Pages
¨ Attorney-In-Fact
¨ Trustee(s)
¨ Guardian/Conservator Date of Document
¨ Oth
er:
25 Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
26 D. BIDDER'S ASSURANCE
CIP NO. 502 GREENBELT PEDESTRIAN TRAIL
CIP NO. 604 CITY WIDE ADA IMPROVEMENTS
CIP NO. 194 ANNUAL STRIPING IMPROVEMENTS
FROM:
Name of Bidder:
Business Address:
Telephone No:
TO:
Members of the City Council
c/o City Hall
City of Hermosa Beach, California
Members of the City Council:
Pursuant to your published Notice Inviting Bids for: CIP NO. 502 GREENBELT PEDESTRIAN TRAIL, CIP NO. 604 CITY WIDE ADA IMPROVEMENTS, AND CIP NO. 194 ANNUAL STRIPING IMPROVEMENTS
The undersigned declares that he/she has carefully examined the location of the proposed work; that he/she has carefully examined the Plans and Specifications, and read the accompanying Instructions to Bidders and hereby proposes to furnish all materials, machinery, tools, labor, and services and do all the work necessary to complete the project in accordance with said Plans and Specifications and other Contract Documents at the item prices on the bidding schedule.
BY: TITLE:
27 E. BIDDER'S DECLARATION
CIP NO. 502 GREENBELT PEDESTRIAN TRAIL
CIP NO. 604 CITY WIDE ADA IMPROVEMENTS
CIP NO. 194 ANNUAL STRIPING IMPROVEMENTS
It is understood and agreed that:
1. The undersigned has carefully examined all documents which will form a part of the Contract; namely, the Notice Inviting Bids, the Instructions to Bidders, this Proposal, the Bid Bond, the Contract, the Faithful Performance Bond, Warranty Bond, the Payment Bond, the federal requirements, if any, the Plans and Specifications, the Special Provisions, and the Technical Provisions.
2. The undersigned has, by investigation at the site of the work and otherwise, satisfied himself as to the nature and location of the work and fully informed himself as to all conditions and matters, which can in any way affect the work or the cost thereof.
3. The undersigned fully understands the scope of work and has checked carefully all words and figures inserted in this Proposal and he further understands that the City will not be responsible for any errors or omissions in the preparation of the Proposal.
4. The undersigned agrees and acknowledges that he is aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and that the undersigned will comply with such provisions before commencing the performance of the Contract if it is awarded to the undersigned.
The undersigned will execute the Contract and furnish the required statutory bonds and certificates of insurance within the period of time specified in the Contract Documents.
The undersigned will begin work after award of Contract and a Notice to Proceed has been given as herein specified and will complete said work within the time specified in the Bidding Schedule.
5. The undersigned certifies that this Proposal is genuine and not sham or collusive, or made in the interest or on behalf of a person not herein named, and the undersigned has not directly or indirectly induced or solicited any other Bidder to put in a sham bid nor induced any other person, firm, or corporation to refrain from bidding.
6. The undersigned will accept an award and enter into a Contract for all work scheduled herein on which he puts in a bid. The awards for such work are to be entirely at the discretion of the Owner after evaluation of the bids as submitted. The undersigned agrees that the Owner shall recover or retain as liquidated damages an amount equal to the difference between the low bid and amount of the bid of the Bidder with whom the City enters into a Contract, and the surplus, if any, shall be returned to the lowest Bidder in accordance with the provisions of the Public Contract Code section 20174 in the event of his failure to execute a Contract and furnish required bonds and insurance therefor within the time provided.
28 7. This bid will not be withdrawn within a period of ninety (90) days after the date of its proper opening by the City.
8. The undersigned Bidder stated under penalty of perjury that the representations made in submitting this bid are, to the best of his/her knowledge, true, accurate, and complete.
Respectfully submitted,
Contractor's Business Name Contractor Signature Title
Business Address: Street By Title
City State Zip Contractor's License No. and
Classification
Business Phone Number Date
Name Title Residence: Street
City State Zip Residence Phone Number
Note: If the bid is made by an individual, it must be signed with the full name of the Bidder, whose address must be given: if it is made by a firm, it must be signed in the co-partnership's name by a general partner thereof, who shall also sign his or her own name, and the name and full address of each member must be given; and if it is made by a corporation, it must be signed by a properly authorized officer, the corporate name shall be set forth, and the corporate seal shall be affixed.
29 F. CERTIFICATE OF NON-DISCRIMINATION BY CONTRACTORS
CIP NO. 502 GREENBELT PEDESTRIAN TRAIL
CIP NO. 604 CITY WIDE ADA IMPROVEMENTS
CIP NO. 194 ANNUAL STRIPING IMPROVEMENTS
As suppliers of goods or services to the City, the firm listed below certifies that it does not discriminate in its employment with regard to race, color, religion, sex, or national origin; that it is in compliance with all applicable federal, state, and local directives, and executive orders regarding non-discrimination in employment; and that it agrees to pursue positively and aggressively the principle of equal opportunity in employment.
We agree specifically:
1. To establish or observe employment policies which affirmatively promote opportunities for minority persons at all job levels.
2. To communicate this policy to all persons concerned, including all company employees, outside recruiting services, especially those serving minority communities, and to the minority communities at large.
3. To take affirmative steps to hire minority employees within the company.
FIRM
TITLE OF PERSON SIGNING
SIGNATURE
DATE
Please include any additional information available regarding equal opportunity employment programs now in effect within your company:
30 G. CERTIFICATION OF PRINCIPAL
CIP NO. 502 GREENBELT PEDESTRIAN TRAIL
CIP NO. 604 CITY WIDE ADA IMPROVEMENTS
CIP NO. 194 ANNUAL STRIPING IMPROVEMENTS
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. (Section 1861, Labor Code.) Signature:
Name:
Title:
Name of Company:
31 H. DECLARATION OF ELIGIBILITY TO CONTRACT
[Labor Code Section 1777.1; Public Contract Code Section 6109] CIP NO. 502 GREENBELT PEDESTRIAN TRAIL
CIP NO. 604 CITY WIDE ADA IMPROVEMENTS
CIP NO. 194 ANNUAL STRIPING IMPROVEMENTS
The undersigned, a duly authorized representative of the Contractor, certifies and declares that:
1. The undersigned Contractor is aware of Section 1771.1 and 1777.7 of the California Labor Code, which prohibit a Contractor or subcontractor who has been found by the Labor Commissioner or the Director of Industrial Relations to be in violation of certain provisions of the Labor Code, from bidding on, being awarded, or performing work as a subcontractor on a public works project for specified periods of time.
2. The undersigned Contractor is not ineligible to bid on, be awarded or perform work as a subcontractor on a public works project by virtue of the foregoing provisions of Sections 1771.1 or 1777.7 of the California Labor Code or any other provision of law.
3. The undersigned Contractor is aware of California Public Contract Code Section 6109, which states:
“(a) A public entity, as defined in Section 1100 [of the Public Contract Code], may not permit a Contractor or subcontractor who is ineligible to bid or work on, or be awarded, a public works project pursuant to Section 1777.1 or 1777.7 of the Labor Code to bid on, be awarded, or perform work as a subcontractor on, a public works project. Every public works project shall contain a provision prohibiting a Contractor from performing work on a public works project with a subcontractor who is ineligible to perform work on the public works project pursuant to Section 1771.1 or 1777.7 of the Labor Code.”
“(b) Any Contract on a public works project entered into between a Contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works Contract, and any public money that may have been paid to a debarred subcontractor by a Contractor on the project shall be returned to the awarding body. The Contractor shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project.”
4. The undersigned Contractor has investigated the eligibility of each and every subcontractor the undersigned Contractor intends to use on this public works project, and determined that none of them is ineligible to perform work as a subcontractor on a public works project by virtue of the foregoing provisions of the Public Contract Code, Sections 1771.1 or 1777.7 of the Labor Code, or any other provision of law.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this day of
, at (place of execution),
California.
Signature:
Name:
Title:
Name of Company:
32 I. NON-COLLUSION DECLARATION
CIP NO. 502 GREENBELT PEDESTRIAN TRAIL
CIP NO. 604 CITY WIDE ADA IMPROVEMENTS
CIP NO. 194 ANNUAL STRIPING IMPROVEMENTS
The undersigned declares:
I am the ___________________ of ______________________________, the party making the foregoing Bid.
The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham. The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid Price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid Price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid Price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid, and has not paid, and will not pay, any person or entity for such purpose.
Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on __________ [date], at ___________________ [city], ___________________ [state].
NAME OF BIDDER
SIGNATURE OF BIDDER
ADDRESS OF BIDDER
CITY STATE ZIP
33 J. REFERENCES OF WORK
CIP NO. 502 GREENBELT PEDESTRIAN TRAIL
CIP NO. 604 CITY WIDE ADA IMPROVEMENTS
CIP NO. 194 ANNUAL STRIPING IMPROVEMENTS
Provide names, addresses, phone numbers and email addresses for at least three public agencies for which Bidder has performed similar work within the past five years.
All contact information must be current.
1. _______________________________________________________________________ Name and Address of Public Agency
_________________________________________________________________________ Name and Telephone Number of Public Agency’s Project Manager _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Name and Detailed Description of Project
___________________________________ ___________________________________ Original Contract Amount Original Date of Completion
________________________ ___________________________________ Final Contract Amount Final Date of Completion
Number of Change Orders ____________
2.______________________________________________________________________ Name and Address of Public Agency
_________________________________________________________________________ Name and Telephone Number of Public Agency’s Project Manager _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Name and Detailed Description of Project
___________________________________ ___________________________________ Original Contract Amount Original Date of Completion
________________________ ___________________________________ Final Contract Amount Final Date of Completion
34 Number of Change Orders ____________
3.________________________________________________________________________ Name and Address of Public Agency
_________________________________________________________________________ Name and Telephone Number of Public Agency’s Project Manager _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ Name and Detailed Description of Project
___________________________________ ___________________________________ Original Contract Amount Original Date of Completion
________________________ ___________________________________ Final Contract Amount Final Date of Completion
Number of Change Orders ____________
For additional References, please add separate sheets.
NAME OF BIDDER
SIGNATURE OF BIDDER DATE
35 K. SUBCONTRACTORS LIST
CIP NO. 502 GREENBELT PEDESTRIAN TRAIL
CIP NO. 604 CITY WIDE ADA IMPROVEMENTS
CIP NO. 194 ANNUAL STRIPING IMPROVEMENTS
In compliance with the "Subletting and Subcontracting Fair Practices Act" being Sections 4100-4113 of the Government Code of the State of California, and any amendments thereto, each Bidder shall set forth below: (a) the name and location of the place of business, (b) the California Contractor license number, (c) the DIR public works Contractor registration number unless exempt pursuant to Labor Code Sections 1725.5 and 1771.1, and (d) the portion of the work which will be done by each subcontractor who will perform work or labor or render service to the prime Contractor in or about the construction of the work or improvement in an amount in excess of one-half (1/2) of one percent (1%) of the prime Contractor's total bid, and shall further set forth the portion of the work which will be done by each subcontractor. Only one subcontractor for each such portion shall be listed.
Notwithstanding the foregoing, if the work involves the construction of streets and highways, then the Bidder shall list each subcontractor who will perform work or labor or render service to the Bidder in or about the work in an amount in excess of one-half of one percent (0.5%) of the Bidder’s Total Bid Price or $10,000, whichever is greater. No additional time shall be granted to provide the below requested information.
If the Contractor fails to specify a subcontractor for any portion of the work to be performed under the Contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth.
Subletting or subcontracting of any portion of the work to which subcontractor was designated in the original bid shall only be permitted in cases of public emergency or necessity, and then only after a finding reduced to writing as a public record of the legislative body of the Owner.
We propose to use the following listed subcontractors as per Public Contract Code Section 4100 et seq.: List all Subcontractors. The subcontractor shall be licensed for the type of work they are performing.
Sub-Contractors Name: Address:
Description of Work:
CSLB Contractor License NO. DIR Registration NO.
Phone NO. Dollar Amount of Work & % of Work
36 Sub-Contractors Name: Address:
Description of Work:
CSLB Contractor License NO. DIR Registration NO.
Phone NO. Dollar Amount of Work & % of Work
Sub-Contractors Name: Address:
Description of Work:
CSLB Contractor License NO. DIR Registration NO.
Phone NO. Dollar Amount of Work & % of Work
Sub-Contractors Name: Address:
Description of Work:
CSLB Contractor License NO. DIR Registration NO.
Phone NO. Dollar Amount of Work & % of Work
Sub-Contractors Name: Address:
Description of Work:
CSLB Contractor License NO. DIR Registration NO.
Phone NO. Dollar Amount of Work & % of Work
37 Sub-Contractors Name: Address:
Description of Work:
CSLB Contractor License NO. DIR Registration NO.
Phone NO. Dollar Amount of Work & % of Work
Sub-Contractors Name: Address:
Description of Work:
CSLB Contractor License NO. DIR Registration NO.
Phone NO. Dollar Amount of Work & % of Work
Sub-Contractors Name: Address:
Description of Work:
CSLB Contractor License NO. DIR Registration NO.
Phone NO. Dollar Amount of Work & % of Work
Percent of work to be performed by sub-Contractors: %
(Note: 50% of work is required to be performed by general Contractor) For additional Sub-Contractors, please add additional sheet(s)
38 L. IRAN CONTRACTING ACT CERTIFICATION
(Public Contract Code Section 2200 et seq.)
As required by California Public Contract Code Section 2204, the Contractor certifies subject to penalty for perjury that the option checked below relating to the Contractor’s status in regard to the Iran Contracting Act of 2010 (Public Contract Code Section 2200 et seq.) is true and correct:
The Contractor is not:
(1) identified on the current list of person and entities engaged in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203; or
(2) a financial instruction that extends, for 45 days or more, credit in the amount of $20,000,000 or more to any other person or entity identified on the current list of persons and entities engaging in investment activities in Iran prepared by the California Department of General Services in accordance with subdivision (b) of Public Contract Code Section 2203, if that person or entity uses or will use the credit to provide goods or services in the energy sector in Iran.
The City has exempted the Contractor from the requirements of the Iran Contracting Act of 2010 after making a public finding that, absent the exemption, the City will be unable to obtain the goods and/or services to be provided pursuant to the Contract.
The amount of the Contract payable to the Contractor for the Project does not exceed $1,000,000.
Signature:
Printed Name:
Title:
Firm Name:
Date:
Note: In accordance with Public Contract Code Section 2205, false certification of this form shall be reported to the California Attorney General and may result in civil penalties equal to the greater of $250,000 or twice the Contract amount, termination of the Contract and/or ineligibility to bid on Contracts for three years.
39 M. PUBLIC WORKS CONTRACTOR REGISTRATION CERTIFICATION Pursuant to Labor Code sections 1725.5 and 1771.1, all Contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a Contract to perform public work must be registered with the Department of Industrial Relations. See http://www.dir.ca.gov/PublicWorks/PublicWorks.html for additional information.
No bid will be accepted nor any Contract entered into without proof of the Contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work.
Bidder hereby certifies that it is aware of the registration requirements set forth in Labor Code sections 1725.5 and 1771.1 and is currently registered as a Contractor with the Department of Industrial Relations.1
Name of Bidder: ________________________________________ DIR Registration Number: ________________________________ DIR Registration Expiration: ______________________________ Small Project Exemption: ______ Yes or ______ No
Unless Bidder is exempt pursuant to the small project exemption, Bidder further acknowledges:
1. Bidder shall maintain current DIR registration for the duration of the project.
2. Bidder shall maintain a current DIR registration for the duration of the project.
3. Bidder shall include the requirements of Labor Code sections 1725.5 and 1771.1 in its Contract with subcontractors and ensure that all subcontractors are registered at the time of bid opening and maintain registration status for the duration of the project.
4. Failure to submit this form or comply with any of the above requirements may result in a finding that the bid is non-responsive.
Name of Bidder:
Signature:
Name and Title:
Dated:
1 If the Project is exempt from the Contractor registration requirements pursuant to the small project exemption under Labor Code Sections 1725.5 and 1771.1, please mark “Yes” in response to “Small Project Exemption.”
40 V. CONTRACT DOCUMENTS
CIP NO. 502 GREENBELT PEDESTRIAN TRAIL
CIP NO. 604 CITY WIDE ADA IMPROVEMENTS
CIP NO. 194 ANNUAL STRIPING IMPROVEMENTS
41 A. CONTRACT AGREEMENT
This Construction Agreement (“Agreement”) is made and entered into as of the date executed by the Mayor and attested to by the City Clerk, by and between [INSERT CONTRACTOR NAME] (hereinafter referred to as "CONTRACTOR") and the City of Hermosa Beach, California, a municipal corporation (hereinafter referred to as "CITY").
R E C I T A L S
A. Pursuant to the Notice Inviting Sealed Bids for CIP NO. 502 GREENBELT PEDESTRIAN TRAIL, 604 604 CITY WIDE ADA IMPROVEMENTS, & 194 ANNUAL STRIPING IMPROVEMENTS (“Project”), bids were received, publicly opened, and declared on the date specified in the notice; and
B. On [INSERT DATE], City’s City Council declared CONTRACTOR to be the lowest responsible Bidder and accepted the bid of CONTRACTOR; and
C. The City Council has authorized the Mayor to execute a written Contract with CONTRACTOR for furnishing labor, equipment, and material for the CIP No. 502 GREENBELT PEDESTRIAN TRAIL, 604 604 CITY WIDE ADA IMPROVEMENTS, & 194 ANNUAL STRIPING IMPROVEMENTS in the City of Hermosa Beach.
NOW, THEREFORE, in consideration of the foregoing and the mutual covenants herein contained, it is agreed:
1. GENERAL SCOPE OF WORK: CITY agrees to engage CONTRACTOR and CONTRACTOR agrees to furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the 502 GREENBELT PEDESTRIAN TRAIL, 604 604 CITY WIDE ADA IMPROVEMENTS, & 194 ANNUAL STRIPING IMPROVEMENTS in the City of Hermosa Beach. The work shall be performed in accordance with the Plans and Specifications dated [INSERT DATE], (the “Specifications”) on file in the office of the City Clerk and in accordance with bid prices set forth in CONTRACTOR’S Bid Proposal and in accordance with the instructions of the City Engineer.
2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY: The Contract documents for the aforesaid project shall consist of the Notice Inviting Bids, Instructions to Bidders, Bid Proposal, Builders General Provisions, Standard Specifications 2021 edition, Special Provisions, Exhibit A and Exhibit B, and all referenced specifications, details, standard drawings, and appendices; together with this Agreement and all required bonds, insurance certificates, permits, notices and affidavits; and also, including any and all addenda or supplemental agreements clarifying, amending, or extending the work contemplated as may be required to insure its completion in an acceptable manner. All of the provisions of said Contract documents are made a part hereof as though fully set forth herein. This Contract is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by CONTRACTOR whether set out specifically in the Contract or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this written agreement, the provisions of this Agreement, the
42 Builders General Provisions and the Standard Specifications, in that order, shall control.
Collectively, these Contract documents constitute the complete agreement between CITY and CONTRACTOR and supersede any previous agreements or understandings.
3. COMPENSATION: CONTRACTOR agrees to receive and accept the prices set forth in its Bid Proposal [INSERT VALUE] as full compensation for furnishing all materials, performing all work, and fulfilling all obligations hereunder. Said compensation shall cover all expenses, losses, damages, and consequences arising out of the nature of the work during its progress or prior to its acceptance including those for well and faithfully completing the work and the whole thereof in the manner and time specified in the aforesaid Contract documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the work, suspension or discontinuance of the work, and all other unknowns or risks of any description connected with the work.
4. TIME OF PERFORMANCE: CONTRACTOR agrees to complete the work within 50 working days from the date of the notice to proceed. By signing this Agreement, CONTRACTOR represents to CITY that the Contract time is reasonable for completion of the work and that CONTRACTOR will complete such work within the Contract time.
5. LIQUIDATED DAMAGES: In accordance with Government Code section 53069.85, it is agreed that CONTRACTOR will pay to CITY the sum set forth in Exhibit “A” for each and every calendar day of delay beyond the time prescribed in the Contract Documents for finishing the Work, as Liquidated Damages and not as a penalty or forfeiture. In the event this is not paid, CONTRACTOR agrees CITY may deduct that amount from any money due or that may become due CONTRACTOR under the Contract. This Article does not exclude recovery of other damages specified in the Contract Documents.
6. SUBSTITUTION OF SECURITIES: Pursuant to section 22300 of the Public Contract Code of the State of California, CONTRACTOR may request CITY to make retention payments directly to an escrow agent or may substitute securities for any money withheld by CITY to ensure performance under the Contract. At the request and expense of CONTRACTOR, securities equivalent to the amount withheld shall be deposited with CITY or with a state or federally chartered bank as the escrow agent who shall return such securities to CONTRACTOR upon satisfactory completion of the Contract. Deposit of securities with an escrow agent shall be subject to a written agreement substantially in the form provided in section 22300 of the Public Contract Code.
7. PREVAILING WAGES AND CALIFORNIA LABOR LAWS.
Pursuant to Labor Code §§ 1720 et seq., and as specified in 8 California Code of Regulations § 16000 (“Prevailing Wage Laws”), CONTRACTOR must pay its workers prevailing wages. It is CONTRACTOR’s responsibility to interpret and implement any prevailing wage requirements, and CONTRACTOR agrees to pay any penalty or civil damages resulting from a violation of the prevailing wage laws. CONTRACTOR shall defend, indemnify and hold the CITY, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. CONTRACTOR and any
43 subcontractor shall forfeit a penalty of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.
In accordance with Labor Code § 1773.2, copies of the prevailing rate of per diem wages are available upon request from CITY’s Engineering Division or the website for State of California Prevailing wage determination at http://www.dir.ca.gov/DLSR/PWD. CONTRACTOR must post a copy of the prevailing rate of per diem wages at the job site.
CITY directs CONTRACTOR’s attention to Labor Code §§ 1777.5, 1777.6 and 3098 concerning the employment of apprentices by CONTRACTOR or any subcontractor.
Labor Code § 1777.5 requires CONTRACTOR or subcontractor employing tradesmen in any apprenticeship occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate must also fix the ratio of apprentices to journeymen that will be used in the performance of the Contract. The ratio of apprentices to journeymen in such cases will not be less than one to five except:
When employment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days before the request for certificate, or When the number of apprentices in training in the area exceeds a ratio of one to five, or When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis state-wide or locally, or
Assignment of an apprentice to any work performed under a public works Contract would create a condition that would jeopardize his or her life or the life, safety, or property of fellow employees or the public at large, or the specific task to which the apprentice is to be assigned is of a nature that training cannot be provided by a journeyman.
When CONTRACTOR provides evidence that CONTRACTOR employs registered apprentices on all of his Contracts on an annual average of not less than one apprentice to eight journeymen.
CONTRACTOR is required to make contributions to funds established for the administration of apprenticeship programs if CONTRACTOR employs registered apprentices or journeymen in any apprenticeable trade on such Contracts and if other Contractors on the public works site are making such contributions.
CONTRACTOR and any subcontractor must comply with Labor Code §§ 1777.5 and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
44 The CONTRACTOR or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.
CONTRACTOR and each subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of CONTRACTOR in the manner provided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, CONTRACTOR shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such CONTRACTOR must comply with this section. Should noncompliance still be evident after such 10-day period, CONTRACTOR shall, as a penalty to CITY, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A Contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works Contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on CONTRACTOR.
The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
Any ineligible Contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.
By executing this Contract, CONTRACTOR verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.
8. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this Contract, and CONTRACTOR and any subcontractor under it shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended.
CONTRACTOR shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the Contract, by him or any subcontractor under it, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, worker or mechanic is required or permitted to labor more than eight (8) hours in any one calendar day or 40 hours in any one calendar week in violation of the Labor Code.
45 9. PUBLIC WORKS CONTRACTOR REGISTRATION: Pursuant to Labor Code sections 1725.5 and 1771.1, all Contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a Contract to perform public work must be registered with the Department of Industrial Relations (DIR). No bid will be accepted nor any Contract entered into without proof of the Contractor’s and subcontractors’ current registration with the DIR to perform public work.
Notwithstanding the foregoing, the Contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.
10. LABOR COMPLIANCE AND STOP ORDERS: This Project is subject to compliance monitoring and enforcement by the DIR. It shall be CONTRACTOR’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the DIR against CONTRACTOR or any subcontractor that affect CONTRACTOR’s performance of Work, including any delay, shall be CONTRACTOR’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered CONTRACTOR caused delay subject to any applicable liquidated damages and shall not be compensable by the CITY. CONTRACTOR shall defend, indemnify and hold CITY, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against CONTRACTOR or any subcontractor.
11. DEBARMENT OF CONTRACTORS AND SUBCONTRACTORS: Contractors or subcontractors may not perform work on a public works project with a subcontractor who is ineligible to perform work on a public project pursuant to Labor Code section 1777.1 or 1777.7.
Any Contract on a public works project entered into between a Contractor and a debarred subcontractor is void as a matter of law. A debarred subcontractor may not receive any public money for performing work as a subcontractor on a public works Contract. Any public money that is paid, or may have been paid to a debarred subcontractor by a Contractor on the Project shall be returned to the CITY. CONTRACTOR shall be responsible for the payment of wages to workers of a debarred subcontractor who has been allowed to work on the project.
12. LABOR/EMPLOYMENT SAFETY: CONTRACTOR shall comply with all applicable laws and regulations of the federal, state, and local government, including Cal/OSHA requirements and requirements for verification of employees’ legal right to work in the United States CONTRACTOR shall maintain emergency first aid treatment for its employees which complies with the Federal Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.), and California Code of Regulations, Title 8, Industrial Relations Division 1, Department of Industrial Relations, Chapter 4. CONTRACTOR shall ensure the availability of emergency medical services for its employees in accordance with California Code of Regulations, Title 8, Section 1512.
CONTRACTOR shall submit the Illness and Injury Prevention Program and a Project site specific safety program to CITY prior to beginning Work at the Project site. CONTRACTOR shall maintain a confined space program that meets or exceeds the CITY Standards. CONTRACTOR shall adhere to CITY’s lock out tag out program
46 13. TRAVEL AND SUBSISTENCE PAY: CONTRACTOR agrees to pay travel and subsistence pay to each worker needed to execute the work required by this Agreement as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8.
14. CONTRACTOR'S LIABILITY: The City of Hermosa Beach and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of CONTRACTOR, of its subcontractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. CONTRACTOR shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever.
To the fullest extent permitted by law, CONTRACTOR will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of CONTRACTOR, its agents, employees, subcontractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of City. In connection therewith:
a. CONTRACTOR will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith. b. CONTRACTOR will promptly pay any judgment rendered against CONTRACTOR or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of CONTRACTOR hereunder, and CONTRACTOR agrees to save and hold the Indemnitees harmless therefrom.
c. In the event Indemnitees are made a party to any action or proceeding filed or prosecuted against CONTRACTOR for damages or other claims arising out of or in connection with the work, operation or activities hereunder, CONTRACTOR agrees to pay to Indemnitees and any all costs and expenses incurred by Indemnitees in such action or proceeding together with reasonable attorneys' fees.
Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this agreement, to the extent required by Civil Code section 2782, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City, provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence
47 accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City.
So much of the money due to CONTRACTOR under and by virtue of the Contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid.
It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law.
This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees.
CONTRACTOR, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the CONTRACTOR regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees.
15. THIRD PARTY CLAIMS. In accordance with Public Contract Code § 9201, CITY will promptly inform CONTRACTOR regarding third-party claims against CONTRACTOR, but in no event later than ten (10) business days after CITY receives such claims. Such notification will be in writing and forwarded in accordance with the “Notice” section of this Agreement. As more specifically detailed in the Contract documents, CONTRACTOR agrees to indemnify and defend the City against any third-party claim.
16. WORKERS COMPENSATION: In accordance with California Labor Code Sections 1860 and 3700, CONTRACTOR and each of its subcontractors will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, CONTRACTOR, by signing this Contract, certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract.
17. INSURANCE: CONTRACTOR shall procure and maintain for the duration of the Agreement, and for 1 year thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONTRACTOR, its agents, representatives, employees, or subcontractors. a. Minimum Scope and Limit of Insurance. Coverage shall be at least as broad as:
i. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage,
48 bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence.
If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
ii. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage. iii. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease.
iv. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions. v. Professional Liability (if Design/Build), with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
vi. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.
vii. If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the CITY requires and shall be entitled to the broader coverage and/or the higher limits maintained by CONTRACTOR. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. b. Self-Insured Retentions. Self-insured retentions must be declared to and approved by the CITY.
At the option of the CITY, either: the CONTRACTOR shall obtain coverage to reduce or eliminate such self-insured retentions as respects the CITY, its officers, officials, employees, and volunteers; or the CONTRACTOR shall provide a financial guarantee satisfactory to the CITY guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or CITY.
c. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions:
i. The CITY, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONTRACTOR including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the CONTRACTOR. General liability coverage can be provided in the form of an endorsement to the CONTRACTOR’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used). ii. For any claims related to this project, the CONTRACTOR’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the CITY, its officers,
49 officials, employees, and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees, or volunteers shall be excess of the CONTRACTOR’s insurance and shall not contribute with it.
iii. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the CITY.
d. Builder’s Risk (Course of Construction) Insurance.
i. CONTRACTOR may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the CITY as a loss payee as their interest may appear.
ii. If the Project does not involve new or major reconstruction, at the option of the CITY, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, structures, processes, machinery, and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the CITY’s site. e. Claims Made Policies. If any coverage required is written on a claims-made coverage form:
i. The retroactive date must be shown, and this date must be before the execution date of the Contract or the beginning of Contract work.
ii. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of Contract work.
iii. If coverage is cancelled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the Contract effective, or start of work date, the CONTRACTOR must purchase extended reporting period coverage for a minimum of five (5) years after completion of Contract work.
iv. A copy of the claims reporting requirements must be submitted to the CITY for review. v. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.
f. Acceptability of Insurers. Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the CITY.
g. Waiver of Subrogation. CONTRACTOR hereby agrees to waive rights of subrogation which any insurer of CONTRACTOR may acquire from CONTRACTOR by virtue of the payment of any
50 loss. CONTRACTOR agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the CITY for all work performed by the CONTRACTOR, its employees, agents and subcontractors.
h. Verification of Coverage. CONTRACTOR shall furnish the CITY with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to CITY before work begins.
However, failure to obtain the required documents prior to the work beginning shall not waive the CONTRACTOR’s obligation to provide them. The CITY reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.
i. Subcontractors. CONTRACTOR shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and CONTRACTOR shall ensure that CITY is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13. j. Special Risks or Circumstances. CITY reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.
18. COMPLIANCE WITH CARB REGULATIONS:
a. Contractor shall comply, and shall ensure all subcontractors comply, with all applicable requirements of the most current version of the regulations imposed by California Air Resources Board (“CARB”) including, without limitation, all applicable terms of Title 13, California Code of Regulations Division 3, Chapter 9 and all pending amendments (“Regulation”). b. Throughout the Project, and for three (3) years thereafter, Contractor shall make available for inspection and copying any and all documents or information associated with Contractor’s and its subcontractors’ fleets including, without limitation, the Certificates of Reported Compliance (“CRCs”), fuel/refueling records, maintenance records, emissions records, and any other information the Contractor is required to produce, keep or maintain pursuant to the Regulation upon two (2) calendar days’ notice from the City.
c. Contractor shall be solely liable for any and all costs associated with compliance with the Regulation as well as for any and all penalties, fines, damages, or costs associated with any and all violations, or failures to comply with the Regulation. Contractor shall defend, indemnify and hold harmless the City, its officials, officers, employees and authorized volunteers free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Regulation.
19. ASSIGNMENT: This Contract is not assignable nor the performance of either party's duties delegable without the prior written consent of the other party. Any attempted or purported
51 assignment or delegation of any of the rights of obligations of either party without the prior written consent of the other shall be void and of no force and effect.
20. INDEPENDENT CONTRACTOR: CONTRACTOR is and shall at all times remain as to the CITY, a wholly independent Contractor. Neither the CITY nor any of its agents shall have control of the conduct of CONTRACTOR or any of CONTRACTOR'S employees, except as herein set forth. CONTRACTOR shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of CITY.
21. TAXES: CONTRACTOR is responsible for paying all retail sales and use, transportation, export, import, special or other taxes and duties applicable to, and assessable against any work, materials, equipment, services, processes and operations incidental to or involved in this Contract.
CONTRACTOR is responsible for ascertaining and arranging to pay them. The prices established in the Contract shall include compensation for any taxes CONTRACTOR is required to pay by laws and regulations in effect at the bid opening date.
22. LICENSES: CONTRACTOR represents and warrants to CITY that it has all licenses, permits, qualifications, insurance, and approvals of whatsoever nature which are legally required of CONTRACTOR to practice its profession. CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits, insurance, and approvals which are legally required of CONTRACTOR to practice its profession. CONTRACTOR shall maintain a City of Hermosa Beach business license, if required under CITY ordinance.
Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against Contractors if a complaint regarding a patent act or omission is filed within five (5) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a Contractor may be referred to the Registrar, Contractors’ State License Board, P.O. Box 26000, Sacramento, California 95826.
23. RECORDS: CONTRACTOR shall maintain accounts and records, including personnel, property, and financial records, adequate to identify and account for all costs pertaining to this Agreement and such other records as may be deemed necessary by CITY or any authorized representative, and will be retained for four years after the expiration of this Agreement. All such records shall be made available for inspection or audit by CITY at any time during regular business hours.
24. SEVERABILITY. If any portion of these Contract documents are declared by a court of competent jurisdiction to be invalid or unenforceable, then such portion will be deemed modified to the extent necessary in the opinion of the court to render such portion enforceable and, as so modified, such portion and the balance of this Agreement will continue in full force and effect.
25. WHOLE AGREEMENT: This Agreement supersedes any and all other agreements either oral or written, between the parties and contains all of the covenants and agreements between the parties pertaining to the work of improvements described herein. Each party to this Contract acknowledges that no representations, inducements, promises or agreements, orally or otherwise,
52 have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that any other agreement, statements or promise not contained in this Contract shall not be valid or binding. Any modifications of this Contract will be effective only if signed by the party to be charged.
26. AUTHORITY: CONTRACTOR affirms that the signatures, titles, and seals set forth hereinafter in execution of this Agreement represent all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest herein. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party. This Agreement may be modified by written amendment. CITY’s city manager may execute any such amendment on CITY’s behalf.
27. NOTICES: All notices permitted or required under this Agreement shall be in writing, and shall be deemed made when delivered to the applicable party’s representative as provided in this Agreement. Additionally, such notices may be given to the respective parties at the following addresses, or at such other addresses as the parties may provide in writing for this purpose. Such notices shall be deemed made when personally delivered or when mailed forty-eight (48) hours after deposit in the U.S. mail, first-class postage prepaid, and addressed to the party at its applicable address.
CITY OF HERMOSA BEACH
1315 Valley Drive
Hermosa Beach, CA 90254
Attention: ________________________ Project Manager
CONTRACTOR:
__________________________________________
__________________________________________
Attention: __________________________________
28. DISPUTES. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, non-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less.
Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code. This Section shall be construed to be consistent with said statutes.
Claims. For purposes of this Section, “Claim” means a separate demand by CONTRACTOR, after a change order duly requested in accordance with the terms of this Contract has been denied by the CITY, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of CONTRACTOR pursuant to the Contract, or (C) an amount the payment of
53 which is disputed by the CITY. A “Claim” does not include any demand for payment for which CONTRACTOR has failed to provide notice, request a change order, or otherwise failed to follow any procedures contained in the Contract Documents. Claims governed by this Section may not be filed unless and until CONTRACTOR completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and CONTRACTOR’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the CITY and shall include on its first page the following in 16 point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the time limit or supersede notice requirements otherwise provided by Contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such Contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.
Supporting Documentation. The CONTRACTOR shall submit all claims in the following format:
Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made
List of documents relating to claim:
Specifications
Drawings
Clarifications (Requests for Information)
Schedules
Other
Chronology of events and correspondence
Analysis of claim merit
Analysis of claim cost
Time impact analysis in CPM format
If CONTRACTOR’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, CONTRACTOR shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.
Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code section 12650 et seq.
City’s Response. Upon receipt of a claim pursuant to this Section, CITY shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide CONTRACTOR a written statement identifying what portion of the claim is disputed and what portion is undisputed.
54 Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement.
If CITY needs approval from its governing body to provide the CONTRACTOR a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, CITY shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide CONTRACTOR a written statement identifying the disputed portion and the undisputed portion.
Within 30 days of receipt of a claim, CITY may request in writing additional documentation supporting the claim or relating to defenses or claims CITY may have against the CONTRACTOR.
If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of CITY and the CONTRACTOR.
CITY’s written response to the claim, as further documented, shall be submitted to CONTRACTOR within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by CONTRACTOR in producing the additional information or requested documentation, whichever is greater.
Meet and Confer. If the CONTRACTOR disputes CITY’s written response, or CITY fails to respond within the time prescribed, the CONTRACTOR may so notify CITY, in writing, either within 15 days of receipt of CITY’s response or within 15 days of CITY’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, CITY shall schedule a meet and confer conference within 30 days for settlement of the dispute.
Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, CITY shall provide the CONTRACTOR a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after CITY issues its written statement. Any disputed portion of the claim, as identified by CONTRACTOR in writing, shall be submitted to nonbinding mediation, with CITY and CONTRACTOR sharing the associated costs equally. CITY and CONTRACTOR shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing unless the parties agree to select a mediator at a later time.
If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.
For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
55 Unless otherwise agreed to by CITY and CONTRACTOR in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
The mediation shall be held no earlier than the date CONTRACTOR completes the Work or the date that CONTRACTOR last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation unless a new unrelated claim arises after mediation is completed.
Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, CONTRACTOR must file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time CONTRACTOR submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.
Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section:
Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures.. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.
If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.
Government Code Claims. In addition to any and all Contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, CONTRACTOR must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the CITY. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those
56 matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by CONTRACTOR. If no such Government Code claim is submitted, or if any prerequisite Contractual requirements are not otherwise satisfied as specified herein, CONTRACTOR shall be barred from bringing and maintaining a valid lawsuit against the CITY. A Government Code claim must be filed no earlier than the date the work is completed or the date CONTRACTOR last performs work on the Project, whichever occurs first.
A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.
Non-Waiver. CITY’s failure to respond to a claim from CONTRACTOR within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. CITY’s failure to respond shall not waive CITY’s rights to any subsequent procedures for the resolution of disputed claims.
24. NON-DISCRIMINATION: Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. A violation of this section exposes CONTRACTOR to the penalties provided for in Labor Code Section 1735.
25. TERMINATION: This Contract may be terminated by CITY at any time, either with our without cause, by giving CONTRACTOR three (3) days advance written notice. In the event of termination by CITY for any reason other than the fault of CONTRACTOR, CITY shall pay CONTRACTOR for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, CITY may terminate the Contract immediately without notice, may reduce payment to CONTRACTOR in the amount necessary to offset CITY’s resulting damages, and may pursue any other available recourse against CONTRACTOR. CONTRACTOR may not terminate this Contract except for cause. In the event this Contract is terminated in whole or in part as provided, CITY may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. Further, if this Contract is terminated as provided, CITY may require CONTRACTOR to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by CONTRACTOR in connection with its performance of this Contract.
26. ANTI-TRUST CLAIMS: This provision shall be operative if this Contract Agreement is applicable to California Public Contract Code Section 7103.5. In entering into this Contract Agreement to supply goods, services or materials, Contractor hereby offers and agrees to assign to the Agency all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract Agreement. This assignment shall be made and become effective at the time the Agency tender final payment to Contractor, without further acknowledgment by the Parties.
57 27. NO THIRD PARTY BENEFICIARY. This Contract and every provision herein is for the exclusive benefit of the Contractor and the City and not for the benefit of any other party. There will be no incidental or other beneficiaries of any of the Contractor’s or the City’s obligations under this Contract.
28. TIME IS OF ESSENCE. Time is of the essence for each and every provision of the Contract Documents.
29. FORCE MAJEURE. If CONTRACTOR is delayed in the performance or progress of the work by a Force Majeure Event, then the CONTRACTOR shall be entitled to a time extension, as provided in the Contract documents, when the work stopped is on the critical path and shall not be charged liquidated damages. Such a non-compensable adjustment shall be CONTRACTOR’s sole and exclusive remedy for such delays and the CONTRACTOR will not receive an adjustment to the Contract price or any other compensation. Contractor must submit a timely request in accordance with the requirements of the Contract documents. A Force Majeure Event shall mean an event that materially affects a party’s performance and is one or more of the following: (1) Acts of God or other natural disasters occurring at the project site; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without limitation, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the work); (4) pandemics, epidemics or quarantine restrictions; and (5) strikes and other organized labor action occurring at the project site and the effects thereof on the work, only to the extent such strikes and other organized labor action are beyond the control of CONTRACTOR and its subcontractors, of every tier, and to the extent the effects thereof cannot be avoided by use of replacement workers. For purposes of this section, “orders of governmental authorities,” includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of the City in its capacity as a municipal authority.
30. PROVISIONS REQUIRED BY LAW AND CONTRACTOR COMPLIANCE. Each and every provision of law required to be included in these Contract Documents shall be deemed to be included in these Contract Documents. The Contractor shall comply with all requirements of applicable federal, state and local laws, rules and regulations, including, but not limited to, the provisions of the California Labor Code and California Public Contract Code which are applicable to this Work.
31. ACCEPTANCE OF FACSIMILE SIGNATURES. The Parties agree that this Contract, agreements ancillary to this Contract, and related documents to be entered into in connection with this Contract will be considered signed when the signature of a party is delivered by facsimile transmission. Such facsimile signature will be treated in all respects as having the same effect as an original signature.
32. GOVERNING LAW: This Agreement shall be governed by the laws of the State of California, and exclusive venue for any action involving this Contract will be in Los Angeles County.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures.
58 State of California
CONTRACTOR'S License No. __
CONTRACTOR
_________________ By: ____________________________________________ Date TITLE
CITY OF HERMOSA BEACH, CALIFORNIA
_________________ By: ____________________________________________ Date MAYOR
ATTEST:
By: ____________________________________________
Date CITY CLERK
CONTRACTOR'S Business Phone
Emergency Phone at which CONTRACTOR can be reached at any time: ( ) APPROVED AS TO FORM:
_______________________________________________________________
CITY ATTORNEY
__________________
Date
59 B. AGREEMENT OF INDEMNIFICATION
AND HOLD HARMLESS AND WAIVER OF SUBROGATION AND
CONTRIBUTION
CIP NO. 502 GREENBELT PEDESTRIAN TRAIL
CIP NO. 604 CITY WIDE ADA IMPROVEMENTS
CIP NO. 194 ANNUAL STRIPING IMPROVEMENTS
Contract/Agreement/License/Permit No. or description:
Indemnitor(s) (list all names):
To the fullest extent permitted by law, Indemnitor hereby agrees, at its sole cost and expense, to defend, protect, indemnify, and hold harmless the City of Hermosa Beach and its respective elected officials, officers, attorneys, agents, employees, volunteers, successors, and assigns (collectively “Indemnitees”) from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith (collectively “Liabilities”), arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to any act, failure to act, error, or omission of Indemnitor or any of its officers, agents, servants, employees, subcontractors, materialmen, suppliers or their officers, agents, servants or employees, arising or claimed to arise, directly or indirectly, out of, in connection with, resulting from, or related to the above-referenced Contract, agreement, license, or permit (the “Agreement”) or the performance or failure to perform any term, provision, covenant, or condition of the Agreement, including this indemnity provision. This indemnity provision is effective regardless of any prior, concurrent, or subsequent active or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee’s right to recover under this indemnity provision, and an entry of judgment against an Indemnitee shall be conclusive in favor of the Indemnitee’s right to recover under this indemnity provision. Indemnitor shall pay Indemnitees for any attorney fees and costs incurred in enforcing this indemnification provision. Notwithstanding the foregoing, nothing in this instrument shall be construed to encompass (a) Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Agreement is subject to Civil Code 2782(a), or (b) the Contracting public agency’s active negligence to the limited extent that the underlying Agreement is subject to Civil Code 2782(b). This indemnity is effective without reference to the existence or applicability of any insurance coverages which may have been required under the Agreement or any additional insured endorsements which may extend to Indemnitees.
60 Indemnitor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor regardless of any prior, concurrent, or subsequent active or passive negligence by the Indemnitees. Accountants, attorneys, or other professionals employed by Indemnitor to defend Indemnitees shall be selected by Indemnitees.
In the event there is more than one person or entity named in the Agreement as an Indemnitor, then all obligations, liabilities, covenants and conditions under this instrument shall be joint and several.
“Indemnitor”
Name Name
By: By:
61 C. EQUALS
CIP NO. 502 GREENBELT PEDESTRIAN TRAIL
CIP NO. 604 CITY WIDE ADA IMPROVEMENTS
CIP NO. 194 ANNUAL STRIPING IMPROVEMENTS
The undersigned desires to use the material, product, thing, or service described below, as “an equal” to such item as specified.
In accordance with the provisions under General Conditions, entitled EQUALS, if the City shall find any item so described equal to the respective item specified, then the undersigned may furnish such item, together with all necessary labor, materials, equipment and incidentals required to perform and complete the work.
__________________________________________ _________________________ Contractor’s Name Date
_________________________________________ _________________________ Address Telephone Number
Materials, apparatus or equipment
specified for which Bidder proposes “an
equal”
Complete description of the materials,
apparatus or equipment the Bidder
desires to use as “an equal” and name
of Contractor if different
Specify page number
1. 2.
3.
62 D. FAITHFUL PERFORMANCE BOND
CIP NO. 502 GREENBELT PEDESTRIAN TRAIL
CIP NO. 604 CITY WIDE ADA IMPROVEMENTS
CIP NO. 194 ANNUAL STRIPING IMPROVEMENTS
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Hermosa Beach, (hereinafter referred to as “City”) has awarded to _________________________, (hereinafter referred to as the “Contractor”) an agreement for Contract NO._________, (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, ______________________, the undersigned Contractor and ________________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of ___________________________ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one (1) year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officials, officers, employees, and authorized volunteers, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees including reasonable attorney’s fees, incurred by City in enforcing such obligation.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation shall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor
63 shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure Section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default under the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
i. Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
ii. Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible Bidder, arrange for a Contract between such Bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the Contract price, including other costs and damages for which Surety may be liable. The term “balance of the Contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents. iii. Permit the City to complete the Project in any manner consistent with California law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the Contract price, including other costs and damages for which Surety may be liable. The term “balance of the Contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any Contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project.
By their signatures hereunder, Surety and Contractor hereby confirm under penalty of perjury that surety is an admitted surety insurer authorized to do business in the State of California.
64 [REMAINDER OF PAGE LEFT INTENTIONALLY BLANK]
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20___.
Contractor/ Principal
By
Title
Surety
By
Attorney-in-Fact
Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges is $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of ___________________________________________ process in California, if different ___________________________________________ from above)
(Telephone number of Surety ___________________________________________ and Agent or Representative for
service of process in California)
65 Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED
DOCUMENT ¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General Number of Pages
¨ Attorney-In-Fact
¨ Trustee(s)
¨ Guardian/Conservator Date of Document
¨ Oth
er:
66 Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
67 Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED
DOCUMENT ¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General Number of Pages
¨ Attorney-In-Fact
¨ Trustee(s)
¨ Guardian/Conservator Date of Document
¨ Oth
er:
68 Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of Attorney to local representatives of the bonding company must also be attached.
END OF PERFORMANCE BOND
69 E. PAYMENT BOND (LABOR AND MATERIALS)
CIP NO. 502 GREENBELT PEDESTRIAN TRAIL
CIP NO. 604 CITY WIDE ADA IMPROVEMENTS
CIP NO. 194 ANNUAL STRIPING IMPROVEMENTS
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Hermosa Beach (hereinafter designated as the “City”), by action taken or a resolution passed ___________________ , 20_____, has awarded to ________________________ hereinafter designated as the “Principal,” a Contract for the work described as follows: Contract NO.____________ (the “Project”); and WHEREAS, said Principal is required to furnish a bond in connection with said Contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materials, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work Contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Civil Code Section 9100, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work Contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the Contractor and his subcontractors pursuant to Revenue and Taxation Code Section 18663, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, all litigation expenses incurred by the City in such suit, including reasonable attorneys’ fees, court costs, expert witness fees and investigation expenses.
This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100 so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance,
70 addition, alteration or modification in, to, or of any Contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change or modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or attempted rescission or attempted rescission of the Contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such Contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of Contract between the owner or City and original Contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Civil Code Section 9100, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
By their signatures hereunder, Surety and Principal hereby confirm under penalty of perjury that surety is an admitted surety insurer authorized to do business in the State of California.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
Contractor/ Principal
By
Title
Surety
By
Attorney-in-Fact
Title
71 Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED
DOCUMENT ¨ Individual
¨ Corporate Officer
Title(s) Title or Type of Document
¨ Partner(s) ¨ Limited
¨ General Number of Pages
¨ Attorney-In-Fact
¨ Trustee(s)
¨ Guardian/Conservator Date of Document
¨ Oth
er:
72 Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for Contractor/Principal.
73 Notary Acknowledgment
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or
validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED
DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s) Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Oth
er:
74 Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
NOTE: This acknowledgment is to be completed for the Attorney-in-Fact. The Power-of-Attorney to local representatives of the bonding company must also be attached.
END OF PAYMENT BOND
75 F. GUARANTEE TO THE CITY OF HERMOSA BEACH
CIP NO. 502 GREENBELT PEDESTRIAN TRAIL
CIP NO. 604 CITY WIDE ADA IMPROVEMENTS
CIP NO. 194 ANNUAL STRIPING IMPROVEMENTS
As a material inducement to the City to award the Contract for CIP NO. ______ to the ___________, the undersigned (“Guarantor”) has agreed to enter into this guarantee. The Guarantor hereby unconditionally guarantees to the fullest extent allowed by law the following work included in this project: _______________________ (“the work”).
Guarantor guarantees that the materials and equipment used by itself and its sub-Contractors will be free from defects and that the work will conform to the plans and specifications. Should any of the materials or equipment prove defective or should the work as a whole, or any part thereof, prove defective for any reason whatsoever (except due to intentional torts by the City), or should the work as a whole or any part thereof fail to operate properly or fail to comply with the plans and specifications, Guarantor will, at the City’s sole election: 1) reimburse the City, upon written demand, for all of the City’s expenses incurred replacing or restoring any such equipment or materials, including the cost of any work necessary to make such replacement or repairs; or 2) replace any such defective material or equipment and repair said work completely, all without any cost to the City. Guarantor further guarantees that any such repair work will conform to the plans and specifications for the project. This guarantee will remain in effect for one year from the date on which the Contract for the work is accepted by the City.
Guarantor understands and agrees that the City shall have the unqualified option to make any replacements or repairs itself or to have such replacement, repair, performed by the undersigned. The City shall have no obligation to consult with Guarantor before the City proceeds to perform any repair, replacement, or work itself. If the City elects to have Guarantor perform said repair, replacement, or work, Guarantor agrees that the repair, replacement, or work shall be performed within 15 days after receipt of a written demand from the City.
If the City elects to perform the replacement, repairs itself, Guarantor agrees to make reimbursement payment within 15 days after receipt of a written demand for payment from the City.
If the Guarantor fails or refuses to comply with this guarantee, the City shall be entitled to all costs and expenses, including attorneys and expert fees, reasonably incurred by reason of Guarantor’s failure or refusal.
Guarantor
Contractor Date
By Title
76 G. GENERAL COMPREHENSIVE LIABILITY ADDITIONAL INSURED
ENDORSEMENT
CIP NO. 502 GREENBELT PEDESTRIAN TRAIL
CIP NO. 604 CITY WIDE ADA IMPROVEMENTS
CIP NO. 194 ANNUAL STRIPING IMPROVEMENTS
NAME OF ADDRESS OF INSURED:
General description of agreement(s) and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. That the City of Hermosa Beach and its or their elected officials, officers, agents and employees are insureds thereunder in relation to those activities described generally above with regard to operations performed by or on behalf of the named insured.
2. Such insurance shall be primary, and not contributing with any other insurance maintained by the City.
3. The policy to which this endorsement is attached shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company's liability.
4. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits or non-renewal except after written notice to Risk Management, City of Hermosa Beach, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto.
CANCELLATION NOTICE AND ENDORSEMENT TO BE SENT TO:
Risk Management
City of Hermosa Beach
1315 Valley Dr. Hermosa
Beach, CA 90254
(310) 318-0202
Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
77 Endorsement Effective Policy No.
No. Date
TYPE OF COVERAGES TO WHICH POLICY PERIOD
LIMITS OF
THIS ENDORSEMENT ATTACHES FROM TO
LIABILITY
Scheduled items or locations are to be identified on an attached sheet.
The following inclusions relate to the above coverages includes:
( ) Premises & Operations ( ) Explosion Hazard
( ) Contractual Liability ( ) Collapse
( ) Independent Contractors ( ) Underground Hazard
( ) Products/Completed Operations ( ) Personal Injury
( ) Broad Form Property Damage ( )
( ) Broad Form Liability Endorsement
A deductible or self-insured retention (strike out one) of applies to coverage.
DEDUCTIBLE APPLIES PER CLAIM, PER OCCURRENCE
INSURANCE COMPANY
ADDRESS:
I, , (print name) hereby declare under penalty of
perjury, under the laws of the State of California, that I have the authority to bind the abovenamed insurance company to this endorsement and by my execution hereof, do so bind said company.
Signature of Authorized Representative (Original Signature only; No facsimile signature or initialed signature accepted) Executed at , on , 20
.
Phone NO.: ( )
78 H. AUTOMOBILE LIABILITY ADDITIONAL INSURED ENDORSEMENT CIP NO. 502 GREENBELT PEDESTRIAN TRAIL
CIP NO. 604 CITY WIDE ADA IMPROVEMENTS
CIP NO. 194 ANNUAL STRIPING IMPROVEMENTS
NAME OF ADDRESS OF INSURED:
General description of agreement(s) and/or activity(ies) insured:
Notwithstanding any inconsistent statement in the policy to which this endorsement is attached or in any endorsement now or hereafter attached thereto, it is agreed as follows:
1. That the City of Hermosa Beach and its or their elected officials, officers, agents and employees are insureds thereunder in relation to those activities described generally above with regard to operations performed by or on behalf of the named insured.
2. Such insurance shall be primary, and not contributing with any other insurance maintained by the City.
3. The policy to which this endorsement is attached shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company's liability.
4. The policy to which this endorsement is attached shall not be subject to cancellation, change in coverage, reduction of limits or non-renewal except after written notice to Risk Management, City of Hermosa Beach, by certified mail, return receipt requested, not less than thirty (30) days prior to the effective date thereto.
CANCELLATION NOTICE AND ENDORSEMENT TO BE SENT TO:
Risk Management
City of Hermosa Beach
1315 Valley Dr. Hermosa
Beach, CA 90254
(310) 318-0202
79 Except as stated above and not in conflict with this endorsement, nothing contained herein shall be held to waive, alter or extend any of the limits, agreements, or exclusions of the policy to which this endorsement is attached.
Endorsement Effective Policy No.
No. Date
TYPE OF COVERAGES TO WHICH POLICY PERIOD
LIMITS OF
THIS ENDORSEMENT ATTACHES FROM TO
LIABILITY
Scheduled items or locations are to be identified on an attached sheet.
The following inclusions relate to the above coverages includes:
( ) Owned Automobiles ( ) Owned, Non-owned and Hired Automobiles ( ) Non-owned Automobiles
( ) Hired Automobiles
A deductible or self-insured retention (strike out one) of applies to coverage.
DEDUCTIBLE APPLIES PER CLAIM, PER OCCURRENCE
INSURANCE COMPANY
ADDRESS:
I, , (print name) hereby declare under penalty of
perjury, under the laws of the State of California, that I have the authority to bind the abovenamed insurance company to this endorsement and by my execution hereof, do so bind said company.
Signature of Authorized Representative (Original Signature only; No facsimile signature or initialed signature
accepted)
80 Executed at , on , 20
.
Phone NO.: ( )
81 I. INSTRUCTIONS FOR COMPLETING, EXECUTING, AND SUBMITTING
EVIDENCE OF INSURANCE TO THE OWNER
CIP NO. 502 GREENBELT PEDESTRIAN TRAIL
CIP NO. 604 CITY WIDE ADA IMPROVEMENTS
CIP NO. 194 ANNUAL STRIPING IMPROVEMENTS
Insured: Date:
(Contractor, Lessee, Permittee, etc.)
Insured
A. In order to reduce problems and time delays in providing evidence of insurance to the City, you are requested to give your insurance agent or broker a copy of the attached Insurance Requirements and endorsement forms along with these instructions for completing, executing, and submitting evidence of insurance.
If the agreement requires Workers' Compensation coverage and you have been authorized by the State of California to self-insure Workers' Compensation, then a copy of the certificate from the State authorizing self-insurance for Workers' Compensation shall meet the requirements for Workers' Compensation insurance covering activities within the State of California.
All questions relating to insurance should be directed to the department or office responsible for your Contract, lease, permit, or other agreement.
Insurance Agent or Broker
B. The appropriate Endorsement Form shall be used. No changes in the terms of the Endorsement will be permitted. Certificates of Insurance alone will not be accepted by the City.
More than one insurance policy may be required to comply with the insurance requirements.
Endorsement forms appropriate to your insured's Contract, lease or permit are checked below and enclosed.
( ) Workers' Compensation/Employers Liability
( ) General Liability
( ) Automobile Liability
( ) Excess/umbrella Liability
( ) Professional Liability
( ) Property insurance
( ) Fine Arts Property Insurance
You shall have an authorized representative of the insurance company sign the completed endorsement forms, note his phone number at the bottom of page 2 and have said representative
82 transmit the forms to the City. Signatures must be originals as the City will not accept facsimile (rubber stamp, photocopy, etc.) or initialed signatures.
The name of the Insurance Company underwriting the coverage and its address shall be noted on page 2 of the endorsement form.
The "General description of agreement(s) and/or activity(ies) insured" shall include reference to the activity and/or to either the specific City Contract number, lease number, permit number or construction approval number.
The coverages and limits for each type of insurance are specified in the attached sheet of insurance requirements. When coverage is on a scheduled basis, then a separate sheet is to be attached to the endorsement listing such scheduled locations, vehicles, etc., so covered.
Endorsements to excess policies will be required when primary insurance is insufficient in complying with the City's requirements.
If there is insufficient space on the form to note pertinent information, such as inclusions, exclusions or specific provisions, etc., a separate sheet may be attached.
When additional sheets are attached, change the number of pages at the bottom of the form.
Completed Endorsement(s) and questions relating to the required insurance are to be directed to:
Risk Management
City of Hermosa Beach
1315 Valley Dr. Hermosa
Beach, CA 90254
(310) 318-0202
Improperly completed Endorsements will be returned to your insured for correction by an authorized representative of the insurance company.
DELAY IN SUBMITTING PROPERLY COMPLETED ENDORSEMENT FORMS MAY
DELAY YOUR INSURED'S INTENDED OCCUPANCY OR OPERATION UNDER AGREEMENT WITH THE OWNER.
For extensions or renewals of insurance policies which have the City's Endorsement Form(s) attached, the City will accept a copy of the endorsement (with an original signature) to extend the period of coverage as evidence of continued coverage.
83 J. WORKER'S COMPENSATION INSURANCE CERTIFICATE
CIP NO. 502 GREENBELT PEDESTRIAN TRAIL
CIP NO. 604 CITY WIDE ADA IMPROVEMENTS
CIP NO. 194 ANNUAL STRIPING IMPROVEMENTS
The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of the Contract.
DATED:
CONTRACTOR:
By:
Signature
Title
ATTEST:
By:
Signature
Title
84 K. SUPPLEMENTAL INFORMATION TO BE COMPLETED BY PRINCIPAL CIP NO. 502 GREENBELT PEDESTRIAN TRAIL
CIP NO. 604 CITY WIDE ADA IMPROVEMENTS
CIP NO. 194 ANNUAL STRIPING IMPROVEMENTS
If an individual, so state. If a firm or co-partnership, state the firm and give the names of all individual co-partners composing the partnership. If a corporation, state legal name of corporation; state also the names of the president, secretary, treasurer, and manager thereof. ______________________________________________________
______________________________________________________
______________________________________________________
Business Address:
______________________________________________________
______________________________________________________
______________________________________________________
Telephone Number:
Date:
Print Name: ___________________________________________ Principal
Signature: ___________________________________________
85 L. W9 FORM
VI. SPECIAL PROVISIONS
CIP NO. 502 GREENBELT PEDESTRIAN TRAIL
CIP NO. 604 CITY WIDE ADA IMPROVEMENTS
CIP NO. 194 ANNUAL STRIPING IMPROVEMENTS
The following Special Provisions supplement and amend the 2021 Standard Specifications for Public Works Construction (SSPWC). These Special Provisions have been arranged into a format and sequence that parallels the Standard Specifications for Public Works Construction.
SP-2
TABLE OF CONTENTS
VI. SPECIAL PROVISIONS.....................................................................................................1 PART 1 – GENERAL PROVISIONS ............................................................................................................................ 4 PREFACE: STANDARD SPECIFICATIONS AND STANDARD DRAWINGS ................4 SECTION 1 – GENERAL. .........................................................................................................4 1-2 TERMS AND DEFINITIONS. .......................................................................................................................4 SECTION 2 – SCOPE OF THE WORK...................................................................................4 2-2 PERMITS....................................................................................................................................................4 2-5 THE CONTRACTOR’S EQUIPMENT AND FACILITIES..................................................................................5 2-5.5 Contractor’s Responsibility for Work...................................................................................................5 2-5.6 Notice and Service Thereof. .................................................................................................................5 2-11 RETENTION OF IMPERFECT WORK.......................................................................................................6 SECTION 3 – CONTROL OF THE WORK............................................................................6 3-6 THE CONTRACTOR’S REPRESENTATIVE....................................................................................................6 3-7 CONTRACT DOCUMENT...........................................................................................................................7 3-8 SUBMITTALS. ............................................................................................................................................7 3-12 WORK SITE MAINTENANCE..................................................................................................................8 3-13 COMPLETION, ACCEPTANCE, AND WARRANTY...................................................................................9 SECTION 5 - LEGAL RELATIONS AND RESPONSIBILITIES. .......................................9 5-3 LABOR.......................................................................................................................................................9 5-4 INSURANCE...............................................................................................................................................9 5-7 SAFETY....................................................................................................................................................11 5-8 LAWS TO BE OBSERVED. ........................................................................................................................11 5-9 FAIR EMPLOYMENT PRACTICE COMMISSION CERTIFICATION..............................................................13 SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK.................................13 6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK. ...................................................13 6-9 LIQUIDATED DAMAGES..........................................................................................................................15 SECTION 7 – MEASUREMENT AND PAYMENT. ............................................................15 7-3 PAYMENT................................................................................................................................................15 7-6 PAYMENT FOR PROJECT BID ITEMS.......................................................................................................18 PART 2 – CONSTRUCTION MATERIALS ................................................................................................................. 27 SECTION 200 – ROCK MATERIALS...................................................................................27 200-2 UNTREATED BASE MATERIALS...........................................................................................................27 SECTION 201 – CONCRETE, MORTAR, AND RELATED MATERIALS......................27 201-1 PORTLAND CEMENT CONCRETE.........................................................................................................27 203-6 ASPHALT CONCRETE...........................................................................................................................27 PART 3 – CONSTRUCTION METHODS ................................................................................................................... 28 SECTION 300 – EARTHWORK. ...........................................................................................28 300-1 CLEARING AND GRUBBING. ...............................................................................................................28 SECTION 301 – SUBGRADE PREPARATION, TREATED MATERIALS, AND PLACEMENT OF BASE MATERIALS................................................................................29 301-1 SUBGRADE PREPARATION. ................................................................................................................29 SECTION 302 – ROADWAY SURFACING..........................................................................29 302-5 ASPHALT CONCRETE PAVEMENT. ......................................................................................................29 SECTION 303 – CONCRETE AND MASONRY CONSTRUCTION.................................30
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303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS.................................................................................................................................................30 PART 4 – EXISTING IMPROVEMENTS.................................................................................................................... 33 SECTION 400 – PROTECTION AND RESTORATION. ....................................................33 400-4 TREES. .................................................................................................................................................33 400-5 SIGNPOST............................................................................................................................................33 SECTION 401– REMOVAL....................................................................................................33 401-8 TREES. .................................................................................................................................................33 PART 6 – TEMPORARY TRAFFIC CONTROL............................................................................................................ 35 SECTION 600 – ACCESS........................................................................................................35 600-1 GENERAL.............................................................................................................................................35 SECTION 601 – TEMPORARY TRAFFIC CONTROL FOR CONSTRUCTION AND MAINTENANCE WORK ZONES. ........................................................................................36 601-1 GENERAL.............................................................................................................................................36 601-7 PAYMENT............................................................................................................................................38 PART 9 – SPECIFIC CONDITIONS ........................................................................................................................... 39 SECTION 900 – CONSTRUCTION MANAGEMENT. .......................................................39 900-1 PROCORE SOFTWARE.........................................................................................................................39
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PART 1 – GENERAL PROVISIONS
PREFACE: STANDARD SPECIFICATIONS AND STANDARD DRAWINGS
The Standard Specifications for Public Works Construction (SSPWC), written and promulgated by the Southern California Chapter of the American Public Works Association and the Southern California Districts of the Associated General Contractors of California, shall be the Standard Specifications of the City. All work shall conform to the edition indicated in this document and in the bid proposal documents, including supplements, of the SSPWC, these Special Provisions which supplement or modify the SSWPC, the Standard Plans for Public Works Construction (SPPWC) of the same edition as the SSPWC, and the Standard Drawings as issued by the City available at the time bids are opened unless otherwise specified in the Contract documents.
The above referenced Standard Specifications, Special Provisions and Standard Drawings are hereby made a part of the Contract documents.
SECTION 1 – GENERAL.
1-2 TERMS AND DEFINITIONS.
Whenever the following terms are used in the SSPWC, they shall be understood to mean and refer to the following:
a) Board – The City Council of the City of Hermosa Beach b) Contract documents – Documents including but not limited to the proposal forms, Special Provisions, Bonds, Insurance, Contract, and all Addenda setting forth any modifications to the documents.
c) Engineer – The Director of Public Works/City Engineer or their authorized representative d) Bidder – An individual, co-partnership, association, or corporation submitting a proposal for the work contemplated, acting directly or through a duly authorized representative. e) Legal Address of Contractor – The address given on the Contractor’s bid and is hereby designated as the place to which all notices, letters or other communications to the Contractor shall be mailed or delivered.
SECTION 2 – SCOPE OF THE WORK.
2-2 PERMITS.
Add the following:
Prior to beginning work, the Contractor shall obtain authorization and permits from the City of Hermosa Beach. The Contractor will be responsible to protect and preserve all property and improvements in accordance with the Contract documents.
The Contractor must have or obtain a valid City of Hermosa Beach Business License in accordance with the provisions of the Hermosa Beach Municipal Code.
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City Right of Way Permit
A City Right of Way Permit is required to work within public right-of-way and will be issued at no cost to the Contractor.
Right of Way Permits
When work occurs in the right-of-way of other entities, the Contractor shall obtain a no fee right of way permit as required for an encroachment from that entity. 2-5 THE CONTRACTOR’S EQUIPMENT AND FACILITIES.
2-5.4 Haul Routes.
Replace the entire subsection with the following:
Hall Routes shall be per the City of Hermosa Beach Truck Routes map. See Cover Sheet on project plans.
Add the following subsections:
2-5.5 Contractor’s Responsibility for Work.
Until the formal acceptance of the work by the City, the Contractor shall have the charge and care thereof and shall, subject to the insurance protection furnished, bear the risk of accident, loss or damage to any part thereof by action of 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 otherwise correct damages to any portion of the work occasioned by any of the above causes before its acceptance.
In case of suspension of work from any cause whatever, the Contractor shall be responsible for all materials and the proper temporary storage thereof. 2-5.6 Notice and Service Thereof.
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 notice shall not be effective for any purpose whatever unless served in the following manner:
Notice shall be given to the City by personal delivery thereof to the City’s Engineer or by depositing the same in the United States mail enclosed in a sealed envelope, registered and with postage prepaid, addressed to:
Public Works Department
City of Hermosa Beach
1315 Valley Dr.
Hermosa Beach, CA 90254
Notice shall be given to the Contractor by personal delivery thereof to said Contractor or to his authorized representative at the site of the project, or by depositing the same in the United States mail, enclosed in a sealed envelope addressed to said Contractor at the address established for the conduct of the work under this Contract, postage prepaid and registered.
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Notice shall be 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 persons at the address of said Surety or persons last communicated to the party giving the notice, postage prepaid and registered. 2-5.7 Warranty of Title.
No materials, supplies, or equipment for the work under this Contract shall be purchased subject to any chattel mortgage or under a conditional sale Contract or other agreement by which an interest therein or any part thereof is retained by the seller or supplier. The Contractor warrants clear and good title to all materials, supplies, and equipment installed and incorporated in the work, and agrees upon completion of all work to deliver the premises, together with all improvements and appurtenances constructed or placed thereon by them to the City free from any claims, liens, encumbrances, or charges, and further agrees that neither they nor any person, firm, or corporation furnishing any material or labor for work covered by the Contract shall have any right to a lien upon the premises or any improvement or appurtenance thereon; provided, that this shall not preclude the Contractor from installing metering devices or other equipment of utility companies the title of which is commonly retained by the utility company.
Nothing contained in this section, however, shall defeat or impair the right of such persons furnishing materials or labor under any bond given by the Contractor for their protection, or any right under any law permitting such persons to look to funds due the Contractor, which are in the hands of the City.
2-11 RETENTION OF IMPERFECT WORK.
If any portion of the work done or materials furnished under the Contract proves defective or not in accordance with the specifications and Contract drawings, and if the imperfection in the same is not of sufficient magnitude or importance to make the work dangerous or undesirable, or if the removal of such work is impracticable or will create conditions which are dangerous or undesirable in the opinion of the Engineer, the Engineer shall have the right and authority to retain the work instead of requiring it to be removed and reconstructed, but he shall make such deductions therefor in the payment due the Contractor as may be just and reasonable.
SECTION 3 – CONTROL OF THE WORK.
3-6 THE CONTRACTOR’S REPRESENTATIVE.
Add the following:
The Contractor shall provide the Engineer with the name, address, and business and home telephone numbers of the person responsible for the maintenance of barricades, traffic control signs, lights and other safety devices.
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3-7 CONTRACT DOCUMENT.
3-7.2 Precedence of Contract documents.
Replace the entire subsection with the following:
If there is a conflict between any of the Contract documents, the document highest in the order of precedence shall control. The order of precedence, from highest to lowest, shall be as follows:
1. Requirements of law, including the Code and Ordinances of the City of Hermosa Beach.
2. Permits from other agencies as may be required by law.
3. Permits from City of Hermosa Beach Departments as may be required by law or ordinance.
4. The Contract.
5. The Bid Proposal.
6. Addenda.
7. Notice Inviting Bids.
8. Instructions to Bidders.
9. Special and General Provisions.
10. Plans.
11. City of Hermosa Beach Standard Plans.
12. Other Standard Plans.
13. Standard Specifications for Public Works Construction.
14. Reference Specifications.
Change orders, supplemental agreements, and approved revisions to Plans and Specifications will take precedence over documents listed above, except those listed as FIRST, SECOND, and THIRD. Detailed plans shall have precedence over general plans. 3-8 SUBMITTALS.
3-8.1 General.
Add the following:
The Contractor shall submit the following submittals within ten (10) days of notification of the City’s intent to award this Contract:
• Project Construction Schedule, sequence, and phase sequence plan • Preconstruction video on USB, 2 copies
• Copy of City Business License (Prime and Subcontractors)
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• 24 Hr. Emergency Phone Call List
• Letters identifying site authorized Contractor’s representative or “Superintendent” and Contractor’s “Competent Person”
• Vehicular and Pedestrian Traffic Control Plan
• WPCP / Best Management Practices
• Asphalt Concrete material specifications and mix design • Concrete material specifications and mix design
• Crushed Miscellaneous Base material specifications
• Topsoil material specifications
• Decomposed Granite specifications
• Detectable Warning System/Truncated Domes for access ramps o One (1) ADA tile sample, minimum 6” x 6”
o Shop drawings for access ramp products showing fabrication details, composite structural system, tile surface profile, sound on cane amplification feature, plans showing tile placement including joints, and material to be used as well as outlining installation materials and procedure
• Constructions Notices sample template shall be provided by the City to the Contractor and modified and submitted to the engineer for review and approval. Approved Construction Notice shall be distributed by Contactor. See Exhibit C • Others as requested by the Engineer
3-12 WORK SITE MAINTENANCE.
3-12.6.2 Best Management Practices (BMPs).
Replace the entire subsection with the following:
Best Management Practices (BMPs) shall be defined as a method used to prevent or control stormwater runoff and the discharge of pollutants, including sediment, into local storm drains and/or drainage facilities leading to waterbodies. The contractor shall obtain and refer to the California Stormwater Quality Association’s 2023 Construction BMP Handbook, the City of Hermosa Beach Community Development Department’s Best Management Practices for Small Construction Sites brochure, and any other materials provided by the City. The contractor shall, based on those documents, the contract documents, and latest industry best practices, provide a project-specific erosion control plan which will specify which BMPs will be utilized for wind erosion control, tracking control, erosion and sediment control, non-storm water control, and waste management and materials pollution control.
The contractor shall be responsible for installing, constructing, inspecting, maintaining, and removing and disposing of BMPs in accordance with the erosion control plan and as requested by
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the Engineer throughout the duration of construction, including outside of working hours.
Additional BMPs may be required due to change(s) in field conditions, contractor activities, or construction operations. The contractor shall be responsible for adjusting BMPs as requested by the Engineer to achieve erosion control objectives. The contractor shall also be responsible for BMP implementation and maintenance throughout any temporary suspension of the work.
Payment for BMPs shall be included in cost of the other items of work. The Contractor shall comply with the requirements described above in implementing BMPs including obtaining any required permits. No additional compensation will be made therefor. 3-13 COMPLETION, ACCEPTANCE, AND WARRANTY.
Add the following subsection:
3-13.4 Completion and Acceptance.
In addition to the guarantees as required in Section 2-4 of the Standard Specifications, the Faithful Performance Bond shall remain in full force and effect for a period of one year after acceptance of the work by the City to insure that defects, which appear within said period, will be repaired, replaced, or corrected by the Contractor, at its own cost and expense, to the satisfaction of the Engineer within thirty (30) days of written notice thereof by the City.
SECTION 5 - LEGAL RELATIONS AND RESPONSIBILITIES.
5-3 LABOR.
Add the following subsection:
5-3.6 Laws.
Each Bidder must submit with the Bid Proposal a fully executed Certificate of NonDiscrimination by Contractors. Bids will not be considered unless accompanied by the completed Certificate.
After the opening of bids and the determination of the low Bidder, said low Bidder shall submit to the Public Works Department, no later than 5:00 P.M. on the third working day following the bid opening, a completed “Fair Employment Practices Contractor Compliance Report”.
The Contractor shall comply with all applicable provisions of Sections 1776, 1777.5 and 1777.7 of the California Labor Code. The Contractor shall be responsible for compliance with Section 1776 and shall insert a provision in all subcontracts requiring subcontractors to comply with said section.
The Contractor is prohibited from performing work on this project with a subcontractor who is ineligible to perform work on the project pursuant to Section 1777.1 or 1777.7 of the Labor Code. 5-4 INSURANCE.
Replace the entire subsection with the following:
The Contractor shall, at its expense, maintain in effect all times during the performance of work under the Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers licensed to sell insurance in the State of California and having a “A-“or
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higher rating in the latest edition of Best’s Insurance Guide, and shall be subject to approval by the City’s Risk Manager:
Workers’ Compensation and Employer’s Liability
• Workers’ Compensation – coverage as required by law
• Employer’s Liability – limits of at least $1,000,000 per occurrence Comprehensive General Liability
• Combined Single Limit - $2,000,000
Automobile Liability
• Combined Single Limit - $1,000,000
The automobile and general comprehensive liability policies may be combined in a single policy with a combined single limit of $1,000,000.
All of the Contractor’s policies shall contain an endorsement providing written notice shall be given to the City at least 30 calendar days prior to termination, cancellation or reduction of coverage in the policy
The Bodily Injury and Property Damage Liability policies shall contain the following:
1. An endorsement extending coverage to the City as an insured, in the same manner as the named insured as respects liabilities arising out of the performance of any work under the Contract. Such insurance shall be primary insurance as respects the interest of the City, and any other insurance maintained by the City shall be excess and not contributing insurance with the insurance required hereunder.
2. “Severability of Interest” clause.
3. Elimination of any exclusion regarding loss or damage to property caused by explosion or resulting from collapse of buildings or structures or damage to property underground, commonly referred to by insurers as the “XCU” hazards.
4. Provision or endorsement stating that such insurance, subject to all of its other terms and conditions, applies to the liability assumed by the Contractor under the Contract.
Promptly on execution of the Contract, and prior to commencement of any work, the Contractor shall deliver to the City copies of all required policies and endorsements thereto on the forms supplied by the City.
The Contractor shall require and verify similar insurance on the part of its subcontractors.
The foregoing requirements as to the types, limits and City approval of insurance coverage to be maintained by the Contractor are not intended to and shall not in any manner limit or qualify the liabilities and obligation assumed by the Contractor under the Contract.
Any policy or policies of insurance that the Contractor or his Subcontractors elects to carry as insurance against loss or damage to their construction equipment and tools or other personal property used in fulfillment of this Contract shall include a provision waiving the insurer’s right of subrogation against the City.
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The cost of all insurance shall be included in the Contractor’s bid. 5-7 SAFETY.
Add the following subsection:
5-7.9 Emergency Provisions.
Unusual conditions may arise on the work which will require that immediate and unusual provision be made to protect the public from danger or loss or damage to life and property, due directly or indirectly to the prosecution of the work, and it is part of the service required of the Contractor to make such provisions and to furnish such protection.
Whenever, in the opinion of the City, an emergency exists of which the City is aware and against which the Contractor has not taken sufficient precaution for the safety of the public or the protection of utilities or of adjacent structures or property which may be injured by the progress of construction; and whenever, in the opinion of the City, immediate action shall be considered necessary in order to protect public or private personnel or property interests, or prevent likely loss of human life or damage on account of the operations under the Contract, then in that event the City may provide suitable protection to said interests by causing such work to be done and material to be furnished, as in the opinion of the City may seem reasonable and necessary, all at the expense of the Contractor.
Add the following subsections:
5-8 LAWS TO BE OBSERVED.
5-8.1 Laws and Regulations.
The Contractor shall keep himself fully informed of all Federal and State laws, County and City ordinances and regulations which, in any manner, affect those engaged or employed on the work, the materials used in the work or the conduct of the work. If any discrepancy or inconsistency should be discovered in this Contract or in the Plans or Specifications herein referred to, in relation to any such law, ordinance or regulation, the Contractor shall forthwith report the same in writing to the Engineer. The Contractor shall, at all times, observe and comply with and shall cause all his agents and employees to observe and comply with all such applicable laws, ordinances and regulations in effect or which may become effective before completion of this Contract. He shall protect and indemnify the City and its officers and agents against any claim or liability arising from or based on the violations of any such laws, ordinances or regulations whether by himself or by his employees or his subcontractors or their employees.
Except as otherwise explicitly provided in these Specifications, all permits and licenses necessary to the prosecution of the work shall be secured by the Contractor at his own expense and he shall pay all taxes properly assessed against his equipment or property used or required in connection with the work.
All state laws, all county and city ordinances and regulations now imposed by competent authority and relating to any materials required to be furnished under these specifications and works required to be done hereunder, shall be deemed to be and hereby are made controlling and part of these specifications.
5-8.2 General.
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The Contractor shall keep himself fully informed of all existing state and national laws 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 orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.
5-8.3 Eight-Hour Law.
Eight (8) hours labor constitutes a legal day's work. The Contractor shall forfeit as a penalty $25.00 (Twenty-five dollars) for each workman employed in the execution of the Contract by the Contractor or any subcontractor under him for each calendar day during which such workman is required or permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week in violation of the provisions of the Labor Code and in particular, Section 1810 to Section 1815 thereof inclusive except that work performed by employees of Contractors in excess of eight (8) hours per day and forty (40) hours during any one week, shall be compensated at not less than one and one-half (1 1/2) times the basic rate of pay as provided in Section 1815.
5-8.4 Prevailing Rate of Per Diem Wages.
Pursuant to the provisions of Section 1773 of the Labor Code, the general prevailing wage rates in the County in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates. The Federal Minimum wage rates for this project as predetermined by the United States Secretary of labor are set forth herein by addenda and in copies that may be examined at the offices described above where project plans, special provisions, and proposal forms may be seen. Addenda to modify the federal minimum wage rates, if necessary, will be issued to holders. Future effective general prevailing wage rates which have been predetermined and are on file with the California Department of Industrial Relations are referenced but not printed in the general prevailing wage rates.
Attention is directed to the Federal minimum wage rate requirements in these Special Provisions.
If there is a difference between the minimum wage rates predetermined by the Secretary of labor and the general prevailing wage rates determined by the Director of the California Department of Industries Relations for similar classifications of labor, the Contractor and subcontractor shall pay not less than the higher wage rate. The City will not accept lower State wage rates not specifically included in the Federal minimum wage determination. This includes “helper” (or other classifications based on hours of experience) or any other classifications not appearing in the Federal wage rate determination. Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractor, the Contractor and subcontractor shall pay not less than the Federal minimum wage rate which most closely approximates the duties of the employees in question.
The U.S. Department of Transportation (DOT) provides a toll-free “hotline” service to report bid rigging activities. Bid rigging activities can be reported Mondays through Fridays, between 8:00 a.m. and 5:00 p.m., eastern time, Telephone No. 1-800-424-9071. Anyone with knowledge of possible bid, Bidder collusion, or other fraudulent activities should use the “hotline” to report these activities. The “hotline” is part of the DOT’s continuing effort to identify and investigate highway construction Contract fraud and abuse and is operated under the
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direction of the DOT Inspector General. All information with be treated confidentially and caller anonymity will be respected.
The Contractor shall comply with Labor Code Section 1775. In accordance with said section, the Contractor shall forfeit as a penalty to the City $50.00 (fifty dollars) for each calendar day, or portion thereof, for each workman paid less than the stipulated prevailing rates for such work or craft in which such workman is employed for any work done under the Contract by him or by `any subcontractor under him in violation of the provisions of the Labor Code and in particular Labor Code Sections 1770 to 1780, inclusive. In addition to said penalty and pursuant to said Section 1775, the difference between such stipulated prevailing wage rates and the amount paid to each workman for each calendar day or portion thereof for which each workman was paid less than the stipulated prevailing wage rate shall be paid to each workman by the Contractor. 5-8.5 Certified Payroll.
Pursuant to Section 1776 of the Labor Code, the Contractor and/or subcontractors shall submit weekly to the City for each week in which any Contract work is performed a certified copy of all payroll records. Should the Contractor fail to provide such payroll certificates, the City may withhold.
$1,000.00 for each weekly payroll certificate not received from payment due. 5-9 FAIR EMPLOYMENT PRACTICE COMMISSION CERTIFICATION.
The Contractor's attention is directed to the requirements in Section 12990 of the Government Code for nondiscrimination and compliance employment programs.
SECTION 6 – PROSECUTION AND PROGRESS OF THE WORK.
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE
WORK.
6-1.1 Construction Schedule.
Add the following:
The Contractor’s proposed construction schedule shall be submitted to the Engineer within ten (10) days of notification of the City’s intent to award this Contract. The schedule shall be supported by written statements from each supplier of materials or equipment indicating that all orders have been placed and acknowledged, and setting forth the dates that each item will be delivered.
In preparation of the construction schedule, the following items shall be considered:
• The City observes the following holidays, which shall be considered non-working days.
If the Contractor elects to work on any of the City holidays the Contractor shall be responsible for paying any associated inspection costs, including overtime and holiday premiums. Any work not completed and fully open to public traffic shall be maintained in a safe and delineated condition. Traffic control and safety devices shall be maintained at all times.
o New Year’s Day
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o Martin Luther King Jr.’s Birthday
o Washington’s Birthday
o Cesar Chavez Day
o Memorial Day
o Juneteenth
o Independence Day
o Labor Day
o Veterans Day
o Thanksgiving
o Christmas Day
• The Contractor’s working hours shall be limited to the hours between 8:00 A.M. and 6:00 P.M., Monday through Friday. Deviation from normal working hours will not be allowed unless written permission has been duly obtained beforehand from the office of the City Engineer. The Contractor shall provide adequate light for proper prosecution of the work, for the safety of the workmen and the public, and for proper inspection. • In the event of either a requested or emergency deviation, inspection service fees will be charged against the Contractor. The service fees will be calculated at overtime rates including benefits, overhead and travel time. The service fees will be deducted from any amounts due to the Contractor.
Prior to issuing the Notice to Proceed, the Engineer will schedule a preconstruction meeting with the Contractor to review the proposed construction schedule and delivery dates, arrange utility coordination, discuss construction methods and clarify inspection procedures.
The names, addresses, and telephone numbers of the Contractor and subcontractors, or their representatives, shall be filed with the Public Works Manager and the County Sheriff’s Department or the City Police Department prior to beginning work.
The Contractor shall also notify the City of Hermosa Beach and the owners of all utilities and substructures not less than 72 hours prior to starting construction. The following utility companies list of names and telephone numbers is intended for the convenience of the Contractor and is not guaranteed to be complete or correct:
Southern California Edison Co. 310/783-9332
The Gas Co. 310/605-7837
Verizon 818/837-0394
Hermosa Beach Police & Fire 310/524-2750
Time Warner (Cable TV) 310/216-4184
West Basin Municipal Water District 310/217-2411
Athens Services 626/934-4696
California Water Service Co. 310/257-1428
Underground Service Alert 800/227-2600
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Los Angeles County Flood Maintenance 562/861-0316
Los Angeles County Public Works 626/458-3109
The Contractor shall submit periodic Progress Reports to the Director of Public Works by the tenth day of each month. 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.
6-4.3 Payment for Delays.
To the furthest extent permitted by law, replace the entire subsection with the following:
In compliance with the provisions of California Public Contract Code § 7102, the Contractor will be compensated for damages incurred due to delays in completing the Work due solely to the fault of the City, where such delay is unreasonable under the circumstances and not contemplated by the parties. The Contractor and City agree that determining actual damages is impracticable and extremely difficult. As such, the Contractor shall be entitled to the appropriate time extension and to payment of liquidated damages in the sum of $1,200 per Day of delay in excess of the time specified for the Completion of the Work. Such amount shall constitute the only payment allowed and shall necessarily include all overhead (direct or indirect), all profit, all administrative costs, all bond costs, all labor, materials, equipment and rental costs, and any other costs, expenses and fees incurred or sustained as a result of such delay. The Contractor expressly agrees to be limited solely to the liquidated damages for all such delays as defined in this subsection. 6-9 LIQUIDATED DAMAGES.
Add the following:
The amount of liquidated damages is hereby amended to $1,200 for each consecutive calendar day.
SECTION 7 – MEASUREMENT AND PAYMENT.
7-3 PAYMENT.
7-3.2 Partial and Final Payment.
Replace the entire subsection with the following:
The closure date for periodic progress payments shall be the twenty-fifth day of each month.
Authorization to pay is commonly received on the tenth day of the following month.
However, payments will be withheld pending receipt of any outstanding reports required by the Contract documents.
Each month, the Contractor shall meet with the Engineer, a minimum of three working days prior to the submittal of the progress payment to the City, to finalize and receive approval regarding the measurement of the Work performed through the closure date and the estimated value of the progress payment based on the contract Unit Prices or as provided for in the bid schedule. Any progress payment submitted without such approval will be considered incomplete and returned to the Contractor and no payment shall be considered until such approval is obtained. Payments will be withheld pending receipt of any outstanding reports required by the contract documents.
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The final progress payment will not be released until the Contractor returns the control set of specifications and plans indicating the as-built conditions. 7-3.4 Mobilization.
Replace the entire subsection with the following:
Mobilization and demobilization shall include all site visits; preparation of all submittals; BMPs; obtaining all permits, insurance, and bonds; video recording of the site existing conditions; moving onto the site all materials and equipment; set up of any temporary facilities (e.g. sanitary facilities, parking, construction water, equipment and materials staging area, fencing); distribution of all notification materials; removal of same at completion of the work; site cleanup; and other work as required to perform and complete the work.
It shall be the Contractor’s responsibility to secure the entire limit of the work site with temporary construction fencing. The fencing limits and layout are subject to approval by the Engineer.
No material, equipment, or vehicles to be left overnight on sidewalks or streets unless approved the Engineer.
A minimum of one week prior to the start of construction, the Contractor shall video record all areas where construction is to take place. Such video recordingsshall be provided to the Engineer before construction commences. These video recordings shall serve as a record of the existing conditions for disputes arising from restoration and should therefore be taken along the line of construction and site access and staging areas at sufficient detail as necessary to clearly depict details of existing conditions. Video recordings shall document existing sidewalks, and adjacent conditions. The video recordingsshall be on two USB copies and given to the Engineer. All video recordings shall be indexed and catalogued in such a manner that each photographed area is readily identifiable and shall also indicate the date and time (hour, minutes, and seconds) on which the recording was made. The Contractor shall also video record any unusual conditions encountered during construction that are not already a matter of photographic record. In any areas where existing conditions cannot be determined by means of video recording, the area shall be restored as approvedbytheEngineeratContractor's expense. Allvideorecordingsshall become the property of the City.
Mobilization shall consist of preparatory work and operations including, but not limited to, those necessary for the movement of personnel, equipment, materials and incidentals to the project site necessary for work on the project and for all other work and operations which must be performed or costs incurred including bonds, insurance, construction permits and/or permit riders as may be required by law, and financing prior to beginning work on the various contract items on the project site.
Mobilization shall also include the cost, time and labor to move the necessary construction equipment to and from the job site, supervisory time on the job by the Contractor's personnel to keep the construction site in a safe condition and all other related work as required for all nonworking days during the course of construction. Contractor is responsible for securing an adequate storage site for equipment and materials.
Mobilization shall include any work shown on the plans, including removal and/or relocation of an item of work shown on construction documents, which has no corresponding bid item for said
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work. It shall also include removal of vegetation, removal and/or modifications to the existing planters, wall, fences, gates within the project area, on private properties and within the public right of way as shown on the construction documents. Full compensation relating to that work, including the furnishing of labor and materials, and the disposal of materials shall be included herein.
Mobilization shall include compliance with water quality and air quality laws; furnishing all water required for the construction work; protection of utilities, trees, fences, walls, landscaping, and other facilities; and the relocations as shown on the plans. All complaints received by the City associated with the construction alleging damage to private property and vehicles shall be responded to by the Contractor within one working day of notification. Failure to comply with this provision may result in a penalty of one hundred and fifty dollars ($150.00) per occurrence.
The Contractor shall have on the work site at all times, as its agent, a competent superintendent capable of reading and thoroughly understanding the plans, specifications, other related documents, and directions from the Engineer.
Contractor shall confine his operations and work area within the project area. No encroachment into private property will be permitted without the prior written consent of the property owner.
Obtaining this consent will be the responsibility and the costs of the Contractor. Material shown on the plans or designated in the Special Provisions which is to be used in the reconstructed work and which has been damaged or destroyed as a result of the Contractor’s operations shall be repaired or replaced at the option of the Engineer by the Contractor at the Contractor’s sole expense.
The Contractor shall provide personnel to keep the construction site in a safe condition at all times, including non-working hours. Mobilization shall include scheduling and phasing of the work per the requirements of the City. The Contractor shall coordinate all construction activities with the City.
Payment for mobilization shall be per the Lump Sum (LS) price bid not exceeding 5% of the total bid amount for the project and shall include obtaining and paying for all bonding, insurance, business licenses and permits, as required for entire project, from the City of Hermosa Beach and all related agencies including but not limited to utility companies and private and public agencies.
The City of Hermosa Beach will waive its permit fee.
The Contractor shall comply with the requirements specified by each license or permit.
Compensation also includes furnishing a crew to pothole at the discretion of the Engineer. Progress payments for this item shall be paid in accordance with the completion percentage of the project and shall include the costs of such mobilization and administration for the entire contract period.
Add the following subsection:
7-3.9 Work Performed Without Direct Payment.
Tools and materials of any class for which no price is fixed in the Proposal, it shall be understood that such work, equipment, labor, tools, and materials 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 paid therefor.
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7-4.2 Basis for Establishing Costs.
7-4.2.1 Labor.
Replace the entire subsection with the following:
The costs of labor will be the actual cost for wages of workers performing the extra work at the time the extra work is done, plus the employer payments of payroll taxes, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, resulting from Federal, State, or local laws, as well as assessments or benefits required by collective bargaining agreements. 7-4.3 Markup
7-4.3.1 Work by the Contractor.
Replace the entire subsection with the following:
An allowance for overhead and profit shall be added to the Contractor’s costs and shall constitute the full and complete markup for all overhead and profit on extra work performed by the Contractor. The Contractor shall also be compensated for the actual increase in the Contractor’s bond premium caused by the extra work. The markup shall be:
a. Labor – 20%
b. Materials – 15%
c. Tool and Equipment Rental – 15%
d. Other Items – 15%
7-4.3.2 Work by a Subcontractor.
When any of the extra work is performed by a subcontractor, the markup shall be applied to the subcontractor’s costs. An allowance for the Contractor’s overhead and profit shall be added to the sum of the subcontractor’s costs and markup and shall constitute the full and complete markup for all overhead and profit for the Contractor on work by the subcontractor. For Contractor markup of subcontractor’s costs, the allowance shall be 10% on the first $2,000 or portion thereof and 5% on costs in excess of $2,000.
Add the following section:
7-6 PAYMENT FOR PROJECT BID ITEMS.
7-6.1 Traffic Control and Public Safety.
The Contractor shall provide and maintain all construction area traffic controls in accordance with Part 6 of the Standard Specifications for Public Works Construction, the latest version of the California Manual on Uniform Traffic Control Devices (CA MUTCD), and Work Area Traffic Control Handbook (WATCH), and as noted herein. All necessary traffic control devices shall be in place prior to the start of work on a project section.
The Contractor shall so conduct his operations as to offer the least possible obstruction and inconvenience to public traffic. Every effort shall be made to provide a clear and unobstructed view of all traffic control signs, signals, and markers.
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The Contractor shall maintain access for emergency vehicles at all times. The Contractor shall maintain a 24-hour emergency service to remove, install, relocate, and maintain warning devices and shall furnish to the Engineer names and telephone numbers of three persons responsible for this emergency service. In the event these persons do not promptly respond when notified, or it becomes necessary to call other forces to accomplish emergency service, the Contractor will be responsible for any cost incurred.
All existing permanent traffic control signs, barricades, and devices shall remain in effective operation unless a substitute operation is arranged for and approved by the Engineer. In the event that a temporary traffic control device or sign conflicts with a permanent one, the Contractor shall cover the permanent device to eliminate the conflict.
Prior to the start of each workday, the Contractor shall perform all necessary work incidental to and commensurate with the proper signing, detouring, barricading, etc., heretofore and hereinafter specified that is required for that particular day's schedule of operations. No construction shall be permitted until such signing and detouring operations have been completed.
The Contractor may post "Temporary No Parking" signs only after notifying and receiving approval from the Engineer. Type of sign, method, and location of such posting shall conform to the California MUTCD sign chart. The Contractor shall be required to provide and maintain all necessary flag persons, barricades, delineators, signs, flashers, and any other safety equipment as set forth in the latest publication of the California MUTCD, or as required by the Engineer to ensure safe passage of traffic (vehicles, pedestrians, cyclists, etc.).
The Contractor shall submit a traffic control and phasing plan for approval prior to beginning construction. No work shall commence on a phase until the previous phase is completed unless approved by the Engineer. The Contractor shall include these sequences in their work progress schedule to be submitted. The Contractor shall provide written notification to all businesses and residents near the construction one week prior to the work start date. The notice shall be prepared by the Contractor, approved by the City, distributed by the Contractor, and will include a preliminary schedule, name of the job superintendent/foreman and a telephone number where they can be reached 24 hours a day in case of emergency.
The cost for all project noticing will be included in the price of the traffic control. Failure or refusal by the Contractor to comply with the above requirements shall be sufficient cause for the Engineer to order the work done by City forces and for all costs thereof to be borne by the Contractor.
This item shall also include non-skid steel plates and temporary AC including installation and removal; all associated temporary signing and striping; flashing arrow signs; flagging and/or flagger costs; and other items as requested by the Engineer to safely complete the work.
Should the Contractor appear to be negligent in furnishing warning 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 their expense. Should the Engineer point out the inadequacy of warning and protective 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 provide access as required to accommodate special circumstance at any residence including access for disabled, impaired, special medical needs, etc.
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Payment for Traffic Control and Public Safety shall be included in the cost for other items of work and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involving placing, removing, storing, maintaining, moving to new locations, replacing and disposing of the components of traffic control system as specified in the SSPWC and these specifications, and as directed by the City. 7-6.2 Survey and Construction Staking.
The Contractor shall perform all necessary survey and construction staking required to complete the work per the contract documents.
Payment for Survey and Construction Staking shall be included in the cost of other items of work and shall include furnishing all labor, materials, tools, equipment, transportation, and incidentals for performing all work involved, complete and in place, as shown in the Plans and in accordance with the contract documents. No additional compensation will be allowed therefor. 7-6.3 Temporary Construction Fencing.
It shall be the Contractor’s responsibility to secure the entire limit of the work site with temporary construction fencing. The fencing limits and layout are subject to approval by the Engineer.
Payment for Temporary Construction Fencing shall be included in the cost of Mobilization and Demobilization.
7-6.4 Remove Existing Improvements.
Removal and demolition shall conform to the SSPWC and contract documents.
The Contractor shall control any dust that is caused by the operations. No additional compensation will be allowed for removal or disposal of any other materials, which may require special handling or disposal.
Payment shall be made at the contract unit price per Cubic Foot (CF), Square Foot (SF), Linear Foot (LF), or Lump Sum (LS) as defined in the bid schedule and shall include furnishing all labor, materials, tools, equipment, transportation, and incidentals for performing all work involved, complete and in place, as shown in the Plans and in accordance with the contract documents, unclassified excavation, removal of existing improvements and materials, irrigation repair, landscaping restoration, adjustment of miscellaneous utility items found within the limits of construction, and finishing. No additional compensation will be allowed therefor. 7-6.5 Clearing and Grubbing.
Clearing and grubbing shall conform to the SSPWC and contract documents and shall include all clearing and grubbing for the construction of the new improvements and any clearing and grubbing and/or removal and replacement shown on the plans for which there is no bid item of work.
Clearing and grubbing shall include the removal and disposal of block wall, edging, headers, trail material, foundations, lawn, planting areas, irrigation systems, and other items as indicated in the contract documents and as directed by the Engineer.
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The Contractor shall notify the Engineer prior to the removal of any existing trees. Any existing improvement damaged or destroyed by the construction operations shall be replaced in kind by the Contractor.
The Contractor shall control any dust that is caused by clearing and grubbing operations. No additional compensation will be allowed for removal or disposal of any other materials, which may require special handling or disposal.
Payment for Clearing and Grubbing shall be made at the contract unit price per Cubic Foot (CF), Square Foot (SF), Linear Foot (LF), or Lump Sum (LS) as defined in the bid schedule and shall include furnishing all labor, materials, tools, equipment, transportation, and incidentals for performing all work involved, complete and in place, as shown in the Plans and in accordance with the contract documents. No additional compensation will be allowed therefor. 7-6.6 Remove Existing Tree (Including Stump and Roots).
Work to include full stump and root removal of tree.
Payment shall be made per the Contract unit price per each tree/stump removed along with the sump and roots and shall include furnishing all labor, materials, tools, equipment, transportation, and incidentals for performing all work involved in this section, complete and in place, as shown in the Plans and in accordance with the contract documents including unclassified excavation, removal of existing improvements and materials, irrigation repair, landscaping restoration, adjustment of miscellaneous utility items found within the limits of construction, and finishing.
No additional compensation will be allowed therefor.
7-6.7 Construct 6” PCC Curb.
Refer to Technical Specification Section 32 13 13.
Payment for Construct 6” PCC Curb shall be made at the contract unit price per Linear Foot (LF) and shall include furnishing all labor, materials, tools, equipment, transportation, and incidentals for performing all work involved in this section, complete and in place, as shown in the Plans and in accordance with the contract documents including unclassified excavation, removal of existing improvements and materials, preparation of subgrade, construction of curb, irrigation repair, landscaping restoration, adjustment of miscellaneous utility items found within the limits of construction, and finishing. No additional compensation will be allowed therefor. 7-6.8 Construct 6” PCC Curb and 24” PCC Gutter.
Refer to Technical Specification Section 32 13 13.
Payment for 6” PCC Curb and 24” PCC Gutter shall be made at the contract unit price per Linear Foot (LF) and shall include furnishing all labor, materials, tools, equipment, transportation, and incidentals for performing all work involved in this section, complete and in place, as shown in the Plans and in accordance with the contract documents including unclassified excavation, removal of existing improvements and materials, preparation of subgrade, construction of curb and gutter, irrigation repair, landscaping restoration, adjustment of miscellaneous utility items found within the limits of construction, and finishing. No additional compensation will be allowed therefor.
7-6.9 Construct 4” PCC Sidewalk.
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Refer to Technical Specification Section 32 13 13.
Payment for Construct 4” PCC Sidewalk shall be made at the contract unit price per Square Foot (SF) and shall include furnishing all labor, materials, tools, equipment, transportation, and incidentals for performing all work involved in this section, complete and in place, as shown in the Plans and in accordance with the contract documents including unclassified excavation, removal of existing improvements and materials, preparation of subgrade, construction of sidewalk, irrigation repair, landscaping restoration, adjustment of miscellaneous utility items found within the limits of construction, and finishing. No additional compensation will be allowed therefor.
7-6.10 Construct 4” PCC Curb Ramp.
Refer to Technical Specifications Section 32 13 13.
Payment for Construct 4” PCC Curb Ramp shall be made at the contract unit price per Square Foot (SF) and shall include furnishing all labor, materials, tools, equipment, transportation, and incidentals for performing all work involved in this section, complete and in place, as shown in the Plans and in accordance with the contract documents including unclassified excavation, removal of existing improvements and materials, preparation of subgrade, construction of concrete, irrigation repair, landscaping restoration, adjustment of miscellaneous utility items found within the limits of construction, and finishing. No additional compensation will be allowed therefor.
7-6.11 Furnish and Install Detectable Warning Surface.
Refer to Technical Specification Section 32 13 13.
Payment for Furnish and Install Detectable Warning Surface shall be made at the contract unit price per Square Foot (SF) and shall include furnishing all labor, materials, tools, equipment, transportation, and incidentals for performing all work involved in this section, complete and in place, as shown in the Plans and in accordance with the contract documents including unclassified excavation, removal of existing improvements and materials, preparation of subgrade, construction of concrete, irrigation repair, landscaping restoration, adjustment of miscellaneous utility items found within the limits of construction and finishing. No additional compensation will be allowed therefor.
7-6.12 Construct AC Pavement.
Refer to Technical Specification Section 32 12 16.
Payment for Construct AC Pavement shall be made at the contract unit price per Square Foot (SF) and shall include furnishing all labor, materials, tools, equipment, transportation, and incidentals for performing all work involved in this section, complete and in place, as shown in the Plans and in accordance with the contract documents including all work associated with preparation and compaction of the base material, tack coat, and preparation of the surface to receive AC paving; delivery and installation and compaction of the AC pavement to the required thickness; protection and rolling of the AC paving during the cooling period. No additional compensation will be allowed therefor. AC material delivered to the site and not used as part of the roadway pavement section shall not be paid as part of this bid item.
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7-6.13 Relocate Existing Sign and Signpost.
Payment for Relocate Existing Sign and Post shall be made per the Contract unit price per each post relocated, and shall include furnishing all labor, materials, tools, equipment, transportation, and incidentals for performing all work involved in this section, complete and in place, as shown in the Plans and in accordance with the contract documents. 7-6.14 Furnish and Install Signpost and Signs.
New signposts and signs are subject to the same requirements as the existing. Refer to Section 400-5 for requirements.
Payment for Furnish and Install Signpost and Signs shall be per the Contract unit price per each, and shall include furnishing all labor, materials, tools, equipment, transportation, and incidentals for performing all work involved in this section, complete and in place, as shown in the Plans and in accordance with the contract documents.
7-6.15 Install City Furnished Rectangular Rapid Flashing Beacon (RRFB) System.
Refer to Technical Specification Section 34 41 13.
City to furnish and supply to Contractor the RRFB system for installation.
Payment for Install City Furnished RRFB Model System on Existing Post shall be per the Contract Unit Price per each (EA) and shall include furnishing all labor, materials, tools, equipment, transportation, and incidentals for performing all work involved in this section, complete and in place, as shown in the Plans and in accordance with the contract documents including but not limited to installing sign posts with all mounting hardware, nuts & bolts, brackets, fasteners & clamps; excavating of the required hole for embedment of the sign pole; placing the concrete sign pole base; installing City-furnished RRFB system on existing post; and finishing the surface or restoring the landscaping where applicable.
Payment for Install City Furnished RRFB Model System on New Post shall be per the Contract Unit Price per each (EA) and shall include furnishing all labor, materials, tools, equipment, transportation, and incidentals for performing all work involved in this section, complete and in place, as shown in the Plans and in accordance with the contract documents including but not limited to: furnishing and installing sign posts with all mounting hardware, nuts & bolts, brackets, fasteners & clamps; excavating of the required hole for embedment of the sign pole; placing the concrete sign pole base; installing City-furnished RRFB system on existing post; and finishing the surface or restoring the landscaping where applicable.
7-6.16 Construct 4’ Ribbon Gutter.
Refer to Technical Specification Section 32 13 13.
Payment for Construct 4’ Ribbon Gutter shall be made at the contract unit price per Linear Foot (LF) and shall include furnishing all labor, materials, tools, equipment, transportation, and incidentals for performing all work involved in this section, complete and in place, as shown in the Plans and in accordance with the contract documents including unclassified excavation, removal of existing improvements and materials, preparation of subgrade, construction of gutter, irrigation repair, landscaping restoration, adjustment of miscellaneous utility items found within the limits of construction and finishing. No additional compensation will be allowed therefor.
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7-6.17 Striping and Pavement Marking.
Installation of striping and pavement markings shall conform to the SSPWC and contract documents.
All cat tracking for all striping (lane lines, limit lines, crosswalks, and pavement markings) shall be reviewed and approved by the City Traffic Engineer prior to installing the final striping.
The Contractor shall control any dust that is caused by striping work. No additional compensation will be allowed for removal or disposal of any other materials, which may require special handling or disposal.
Payment shall be made at the contract unit price per Square Foot (SF), Linear Foot (LF), or per the Contract unit price per each as defined in the bid schedule and shall include furnishing all labor, materials, tools, equipment, transportation, and incidentals for performing all work involved, complete and in place, as shown in the Plans and in accordance with the contract documents, unclassified excavation, removal of existing improvements and materials, irrigation repair, landscaping restoration, adjustment of miscellaneous utility items found within the limits of construction, and finishing. No additional compensation will be allowed therefor. 7-6.18 Furnish and Install Wheel Stop.
Payment for Furnish and Install Wheel Stop shall be made at the contract unit price per Each (EA) and shall include furnishing all labor, materials, tools, equipment, transportation, and incidentals for performing all work involved in this section, complete and in place, as shown in the Plans and in accordance with the contract documents. No additional compensation will be allowed therefor. 7-6.19 Adjust to Grade.
Payment for Adjust Water Valve to Grade and Adjust Backflow System to Grade shall be at the contract unit price per Each (EA) and shall include furnishing all labor, materials, tools, equipment, transportation, and incidentals for performing all work involved in this section, complete and in place, as shown in the Plans and in accordance with the contract documents. Work covered includes, but is not limited to, that required for protection of existing improvements during construction, adjustment of the utility and lid to grade, installation of crushed rock at the base of meter boxes (as applies), cleaning of boxes/cans of debris, and setting of the lids to the final grade based on new construction, complete in place, along with all other work associated with this bid item and no additional compensation will be allowed.
7-6.20 Construct 4” Stabilized Decomposed Granite Path.
Refer to Technical Specification Section 32 15 13.
Payment for Construct 4” Stabilized Decomposed Granite Path shall be made at the contract unit price per Square Foot (SF) and shall include furnishing all labor, materials, tools, equipment, transportation, and incidentals for performing all work involved in this section, complete and in place, as shown in the Plans and in accordance with the contract documents. No additional compensation will be allowed therefor.
7-6.21 Install Redwood Header.
Refer to Section 32 94 00
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Payment for Install Flush Redwood Header as shown on the plans shall be made at the contract unit price per linear foot (LF) and shall include furnishing all labor, materials, tools, equipment, transportation, and incidentals for performing all work involved in this section, complete and in place, as shown in the Plans and in accordance with the contract documents. Work covered includes, but is not limited to, that required for excavation, removal, and disposal of soil to accommodate installation and complete construction of the redwood header including stakes, splices, hardware and backfill necessary for the item of work. No additional compensation will be allowed therefor.
7-6.22 Memorial Bench, Trash Can, and Exercise Equipment.
Refer to Section 12 93 00
Payment for Salvage and Reinstall Existing Memorial Bench as shown on the plans shall be made at the contract unit price per each and shall include furnishing all labor, materials, tools, equipment, transportation, and incidentals for performing all work involved in this section, complete and in place, as shown in the Plans and in accordance with the contract documents. Work covered includes, but is not limited to, that required for excavation, removal, and disposal of soil to accommodate installation, protection and temporary storage of the existing memorial bench, complete removal of any existing concrete base/foundation, all necessary grading, backfilling, and repair of benches, at the direction of the city, necessary for re-installation of memorial bench by anchoring each leg to new concrete pad, as shown on the plans. No additional compensation will be allowed therefor.
Payment for Install City Furnished Memorial Bench shall be made at the contract unit price per Each (EA) and shall include furnishing all labor, equipment, tools and materials necessary for the item of work. No additional compensation will be allowed therefor. City shall furnish memorial bench to contractor for installation. Contractor to secure bench with anchor bolts.
Payment for Salvage and Reinstall Existing Trash Can shall be made at the contract unit price per Each (EA) and shall include furnishing all labor, equipment, tools and materials necessary for removal, protection and temporary storage of the existing trash can, complete removal of any existing concrete base/foundation, all necessary grading, backfilling, and repair of trash can, at the direction of the city, necessary for re-installation of trash can by anchoring per the city’s standard detail. No additional compensation will be allowed therefor Payment for Install City Furnished Fitness Equipment shall be made at the contract unit price per Each (EA) set installed and shall include furnishing all labor, equipment, tools and materials necessary for the item of work. No additional compensation will be allowed therefor. City shall furnish exercise equipment to contractor for installation. 7-6.23 Construct Cast in Place Concrete Paving for Benches.
Refer to Section 32 13 13
Payment for Construct Cast in Place Concrete Paving for Benches shall be made at the contract unit price per Square Foot (SF) and shall include furnishing all labor, equipment, tools and materials necessary for the item of work including unclassified excavation, removal of existing improvements and materials, preparation of subgrade, construction of sidewalk, irrigation repair,
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landscaping restoration, adjustment of miscellaneous utility items found within the limits of construction and finishing. No additional compensation will be allowed therefor. 7-6.24 Install Planting.
Refer to Section 32 93 00
Payment for Install 48” Box Tree, Install 15 Gallon Shrub, Install 5 Gallon Shrub, Install 1 Gallon Shrub, Install Sod, Install Hydroseed, shall be made at the contract unit price per Square Foot (SF) or contract unit price per each and shall include furnishing all labor, equipment, tools and materials necessary for the item of work including unclassified excavation, removal of existing improvements and materials, preparation of subgrade, irrigation repair, landscaping restoration, adjustment of miscellaneous utility items found within the limits of construction and finishing. No additional compensation will be allowed therefor.
7-6.25 Adjust and Install New Existing Irrigation System.
Refer to Section 32 80 00
Payment Adjust and Install New Existing Irrigation System as shown on plans and specified herein shall be made at the contract unit price per Lump Sum (LS) for each phase of the project and shall include furnishing all labor, equipment, tools and materials necessary for the item of work including nozzles, spray heads, valves, PVC piping, sleeving, backflow preventer, sensors, quick couplers and irrigation controller. No additional compensation will be allowed therefor.
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PART 2 – CONSTRUCTION MATERIALS
SECTION 200 – ROCK MATERIALS.
200-2 UNTREATED BASE MATERIALS.
200-2.1 General.
Replace the entire subsection with the following:
Materials for use as untreated base or subbase shall be crushed aggregate base.
SECTION 201 – CONCRETE, MORTAR, AND RELATED MATERIALS.
201-1 PORTLAND CEMENT CONCRETE.
200-1.1 General.
Add the following:
Concrete shall be type 520-C-2500 PSI concrete per the City of Hermosa Beach Standard Plans for Public Works No. 106.
203-6 ASPHALT CONCRETE.
203-6.1 General.
Add the following:
Asphalt concrete shall be type C2-PG 64-10 for surface courses. No reclaimed asphalt concrete material (RAP) is allowed.
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PART 3 – CONSTRUCTION METHODS
SECTION 300 – EARTHWORK.
300-1 CLEARING AND GRUBBING.
300-1.2 Root Pruning and Tree Trimming.
Replace the entire section with the following:
a. Equipment
Pruning of roots shall be done using a Vermeer trenching machine with a root pruning attachment or a comparable piece of equipment, as approved by the Engineer. The equipment shall safely cut a narrow trench four to six inches wide to accommodate the installation of the root barrier.
Where sidewalks, curb ramp, or curbs are removed, the roots can be severed at the point adjacent to the edge of the new sidewalk, curb ramp, or curb to be installed, using other pneumatic tools to make the break-out and removal work more efficient.
Any roots over three inches in diameter must be cleanly cut using a chain saw or other sawing tool before the barrier is installed and the trench backfilled. b. Execution
Tree roots and other objectionable material shall be removed from areas of construction to a depth of 6 inches below the bottom of concrete. Tree roots shall be removed from parkways if visible or if instructed by Engineer.
Cleanly cut roots do not need to be painted or treated in any way other than the installation of root deflection barrier.
300-1.4 Payment.
Replace the entire subsection with the following:
There shall be no separate payment for root pruning or tree trimming; all costs thereto shall be considered included in the Contract unit price for Clearing and Grubbing for the items of work for which the pruning or trimming is required.
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SECTION 301 – SUBGRADE PREPARATION, TREATED MATERIALS, AND PLACEMENT OF BASE MATERIALS.
301-1 SUBGRADE PREPARATION.
301-1.1 General.
Add the following:
Base is required under all PCC and AC improvements as shown on the Plans.
A minimum of 4 inches of CAB shall be placed under sidewalks and access ramps.
A minimum of 8 inches of CAB shall be placed under curb and gutter. 301-1.7 Payment.
Add the following:
There shall be no separate payment for placement and preparation of subgrade material under curb, curb and gutter, sidewalks, and access ramps; all costs thereto shall be considered included in the Contract unit prices for the items of work for which subgrade material is required.
SECTION 302 – ROADWAY SURFACING
302-5 ASPHALT CONCRETE PAVEMENT.
302-5.4 Tack Coat.
Replace the first sentence of the first paragraph with the following:
If the asphalt concrete pavement is being constructed directly upon an existing hard-surfaced pavement, a tack coat of performance grade PG 64-10 paving asphalt conforming to 203-1 applied at an approximate rate of 0.25 L/m2 (0.05 gallon per square yard), or SS-1h emulsified asphalt applied at an approximate rate of 0.25 L/m2 to 0.45 L/m2 (0.05 to 0/10 gallon per square yard), shall be uniformly applied upon the existing pavement preceding the placement of the asphalt concrete.
Add the following paragraph:
A Tack Coat shall be applied between base and surface courses when the surface course is not placed immediately after the base course, and to existing paved surfaces where new asphalt concrete overlaps or abuts existing pavement. Tack Coat shall be as specified in Section 302-5.4.
There shall be no separate payment for Tack Coat.
302-5.5 Distribution and Spreading.
Add the following:
The surface course shall be flush with adjacent existing pavement surface. Maximum variance of 1/8”. Surface course adjacent to edge of gutter shall have a 3/8” lip over the top longitudinal edge of the gutter.
302-5.8 Manhole (and other structures).
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Add the following:
Contractor shall be required to protect and maintain existing utility access frames, grates, and lids during paving operations. No grade difference at lip, between utility frame and asphalt concrete finished grade pavement, shall be allowed.
SECTION 303 – CONCRETE AND MASONRY CONSTRUCTION.
303-5 CONCRETE CURBS, WALKS, GUTTERS, CROSS GUTTERS, ALLEY INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS.
303-5.1 Requirements.
303-5.1.1 General.
Add the following:
PCC access ramps, sidewalks, and driveways shall not be poured monolithically with any new concrete adjacent to them.
303-5.5 Finishing.
303-5.5.2 Curb.
Add the following:
Unless otherwise approved by the Engineer, the entire affected concrete curb or curb and gutter portion shall be removed by sawcutting the adjacent AC pavement two (2) feet from the edge of the area to be removed. The Contractor shall reconstruct this two-foot-wide section in accordance with Standard Plan 111-5 of the SPPWC or as directed by the Engineer.
Curb and curb and guttershall be constructed within 72 hours ofremoval ofsidewalks, ADA curb ramp, and curb and gutter in each location. Clearing and grubbing shall be in accordance with Subsection 300-1, per the SSPWC, including removal and disposal of materials, and pruning and removal of interfering tree roots underneath or adjacent to existing access ramp.
The Contractor shall contact the Engineer a minimum of 24 hours prior to performing any excavations within a 25-foot radius of a street tree. Any damage to the street tree may result in tree replacement by Contractor or payment of replacement costs by Contractor based on the value of the damaged tree.
303-5.5.3 Walk.
Add the following:
Sidewalk shall be constructed within 72 hours of removal of sidewalks in each location. The Contractorshall remove all existing concrete sidewalk shown on the plans to the nearest control joint. Clearing and grubbing shall be in accordance with Subsection 300-1, per the SSPWC, including removal and disposal of materials, and pruning and removal of interfering tree roots underneath existing sidewalk or adjacent to sidewalk.
Finished surfaces shall match the finish and color of adjacent concrete.
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The Contractorshall be responsible for protecting newly constructed concrete improvements from damage. Contractor shall remove and replace all concrete damaged priorto acceptance.Concrete shall be replaced score line to score line unless otherwise directed by the Engineer. Patching damaged concrete is not allowed.
The Contractor shall contact the Engineer a minimum of 24 hours prior to performing any excavations within a 25-foot radius of a street tree. Any damage to the street tree may result in tree replacement by Contractor or payment of replacement costs by Contractor based on the value of the damaged tree.
The expansion joint and weakened joint pattern shall be maintained and reconstructed, unless otherwise directed by the Engineer.
The Contractor shall mark all manholes, valves, substructures, survey monuments, vaults, utility boxes, or any other items that are visible on the surface and that will interfere with constructing a fully compliantsidewalk. The Contractor shall protect and adjust to grade any such items to match grade of the surrounding concrete to the satisfaction of the Engineer.
Vegetation interfering with construction operations shall be carefully trimmed without damaging the integrity of the vegetation. Vegetation, which must be removed for construction, shall be removed, and disposed of by the Contractor. The Contractor shall protect in place or reconstruct any irrigation lines and sprinkler heads hindering (and adjacent to) the construction activity area as directed by the Engineer. Damage to existing irrigation lines and sprinkler heads shall be replaced at Contractors expense.
303-5.5.5 Alley Intersections, Access Ramps, and Driveways.
Add the following:
Unless otherwise approved by the Engineer, the entire affected concrete curb or curb and gutter portion shall be removed by sawcutting the adjacent AC pavement two (2) feet from the edge of the area to be removed. The Contractor shall reconstruct this this two (2) foot wide section in accordance with Standard Plan 111-5 of the SPPWC or as directed by the Engineer.
Curb ramps shall be constructed within 72 hours of removal of sidewalks, ADA curb ramp, and curb and gutter in each location. Clearing and grubbing shall be in accordance with Subsection 300-1, per the SSPWC, including removal and disposal of materials, and pruning and removal of interfering tree roots underneath or adjacent to existing access ramp.
The Contractor shall contact the Engineer a minimum of 24 hours prior to performing any excavations within a 25-foot radius of a street tree. Any damage to the street tree may result in tree replacement by Contractor or payment of replacement costs by Contractor based on the value of the damaged tree.
Where necessary to match existing grades at the back or side of the ramp, the Contractor shall construct a rear curbforcurbramps.Curbheightshall be constructedtomatch existinggrade. Where existing walls are adjacent to curb ramp construction, the rear side curb shall be constructed to protect existing walls. Contractor shall protect in place existing vegetation and miscellaneous items adjacent to rear curb for access ramps adjacent to private property.
The Contractor shall mark all manholes, valves, substructures, survey monuments, vaults, utility
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boxes, or any other items that are visible on the surface and that will interfere with constructing a fully compliant curb ramp. The Contractor shall protect and adjust to grade any such items to match grade of the surrounding concrete to the satisfaction of the Engineer.
Vegetation interfering with construction operations shall be carefully trimmed without damaging the integrity of the vegetation. Vegetation, which must be removed for construction, shall be removed, and disposed of by the Contractor. The Contractor shall protect in place or reconstruct any irrigation lines and sprinkler heads hindering (and adjacent to) the construction activity area as directed by the Engineer. Damage to existing irrigation lines and sprinkler heads shall be replaced at Contractors expense.
The Contractor shall relocate existing facilities such as street sign poles that are within the curb ramp area that conflict with the new proposed improvement. Any damaged signs due to construction shall be replaced at the Contractor’s expense. The new location forsuch facility shall be as directed by the Engineer, if not already included in the plans, in the field and shall be within the general vicinity of the existing.
The Contractor shall tie down any survey monuments/markers obliterated during construction and reestablish said monuments/markers following construction.
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PART 4 – EXISTING IMPROVEMENTS
SECTION 400 – PROTECTION AND RESTORATION.
Add the following subsections:
400-4 TREES.
The Contractor shall take care to protect all trees not approved for removal by the Engineer.
There shall be no separate payment for protection of existing trees; all costs thereto shall be considered included in the Contract unit prices for the items of work for which the protection is required.
400-5 SIGNPOST.
Contractor shall remove existing sign post from parkway when shown on plans to be removed by excavating to a depth necessary to remove the post and any existing foundation or anchoring assembly. Contractor shall protect and store the existing post and signs for reinstallation.
Contractor shall install a new anchoring assembly and reinstall the existing post with signs.
Contractor shall obtain approval by the Engineer of sign placement before permanently installing the new post. All signs and posts shall be reset the same day as the existing signs and posts are removed.
The bottom of the lowest sign shall be 7 feet above the sidewalk, if applicable. The lowest sign can be lower if in the parkway as approved by the Engineer.
See Section 7 for payment details.
SECTION 401– REMOVAL.
401-8 TREES.
The Contractor shall notify the Public Works Inspector 48 hours prior to beginning any work performed under this specification.
The Contractor shall notify all affected property owners, in writing, of the proposed construction 72 hours prior to beginning any work. The notification shall be in the form of fliers. The City Construction Notice Template is attached in Exhibit C; template shall be modified by the Contractor and sent to the Engineer for review and approval. Contractor shall distribute notices to residents and commercial establishments affected by the construction once approved by the Engineer.
The Contractor shall be responsible for the removal of any trees adjacent to repair, removal, and/or replacement sites which, in the opinion of the City, require root loss that would mortally wound the tree, or result in destabilizing the tree to an unacceptable level.
Where a tree to be removed in close proximity to an overhead utility line or guy line, extreme caution shall be taken to avoid damage to these lines. Any damage that does occur shall be promptly reported to the City Police Department, and to the utility company that is involved. The
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cost of repair of the damage will be at the Contractor’s expense.
If damage occurs to any adjacent shrubs or trees that are to remain, immediate treatment or necessary replacement of same type of shrubs or trees shall be carried out under the direction of the City at the Contractor’s expense.
Where shown on the Plans, or as requested by the Engineer, tree removal shall consist of notifications; cutting and complete removal of the tree stump, branches, and large roots (those with a diameter larger than one inch) to a minimum depth of 24 inches from top of curb; excavation; hauling; disposal; backfill; and restoration of removal area. Stump grindings will be removed and replaced with Class A topsoil to grade within the tree well or parkway.
See Section 7 for payment details.
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PART 6 – TEMPORARY TRAFFIC CONTROL
SECTION 600 – ACCESS.
600-1 GENERAL.
Add the following:
Access to street intersections, public and private parking lots, commercial businesses, residences, and other public and private properties shall be maintained at alltimes.At least 72 hoursin advance of commencing any work that may affect the access to private properties, the Contractor shall provide construction notices to adjacent residential properties, and commercial establishments.
The Construction Notice template (attached on “Exhibit C Construction Notice Template”) shall be modified by the Contractor and sent to the engineer for review and approval. The Contractor shall distribute notices to residents and commercial establishments affected by construction once approved by the Engineer. Vehicular access to and from commercial and residential driveways and parking lots shall be maintained at all times, except when performing items of work which cannot be accomplished without access restriction.
When access must be restricted, as determined by the Engineer, it shall occur only for the time period required to accomplish the particular item of work.
Modifications to traffic control shall be performed to correct any deficiencies in traffic flow (vehicular, bicycle, pedestrian, etc.) as deemed necessary by the Engineer or Public Works Inspector.
All traffic lanes shall be open for public use on the days and at the times specified below:
1. Saturdays, Sundays, and legal holidays: from 12:00 a.m. to 11:59 p.m.
2. Fridays and any day preceding a legal holiday: from 5:00 a.m. to 11:59 p.m.
3. All days not covered in 1 and 2 above: 7:00 a.m. to 8:30 a.m. and 4:00 p.m. to 6:00 p.m.
4. Non-construction hours: all hours when the Contractor's employees are not physically present at the construction site actively performing Contract work.
5. In the vicinity of any Elementary or Middle School, the Contractorshall determine arrival and departure times of said school and shall provide for adequate traffic control for any school age pedestrian and/or bicycle routes to the school during the arrival and departure periods. The submittal of traffic control plans shall include arrival and departure times for each school. At no time will traffic control be allowed in the immediate vicinity so as to cause a hazard to a school pedestriancrosswalkduringarrival anddeparture timeperiods.
On those days and hours when closure of traffic lanes is not prohibited under the provisions of the preceding subparagraph A, no more than one lane may be closed at any time during construction hours. During any lane closure, Type IIflashing arrow boardsshall be used in accordance with the most recent Edition of the Manual on Uniform Traffic Control Devices (MUTCD), the California Supplement to the MUTCD hereinafter referred as CAMUTCD issued by the State of California.
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SECTION 601 – TEMPORARY TRAFFIC CONTROL FOR CONSTRUCTION AND MAINTENANCE WORK ZONES.
601-1 GENERAL.
Replace the first paragraph with the following:
All work required for maintaining and controlling traffic shall conform to the most recent Edition of the Manual on Uniform Traffic Control Devices (MUTCD), the California Supplement to the MUTCD hereinafter referred as CAMUTCD issued by the State of California, Department of Transportation (Caltrans), and the "Work Area Traffic Control Handbook," published by Building News, Inc.
Add the following:
All construction work and traffic control shall be scheduled and constructed to provide for a minimum of inconvenience and a maximum of safety to the public vehicular, bicycle and pedestrian traffic.
The Contractor shall be responsible for the protection of vehicular, bicycle and pedestrian traffic until the work called for in the Plans, the Standard Specifications, and Special Provisions have been accepted by the Engineer.
The Contractor shall notify the Engineer of intent to begin work following notice to proceed before work is to begin. The Contractor shall cooperate with the Engineer relative to handling traffic through the area and shall make all arrangementsrelative to keeping the working area clear of parked vehicles.
Contractor's equipment and personal vehicles of theContractor's employees shall not be parked on the traveled way nor on any section where traffic is restricted at any time.
During any period when two-way traffic is not provided, as approved by the engineer, the Contractor shall employ flaggers to control traffic through the construction zone.
The Contractor shall notify the Engineer of any operation that will affect two-way flow of traffic more than five minutes for every half hour of working time, at least two working days in advance of such operation. Submitted traffic control plans must be signed/stamped by a licensed Traffic Engineer.
If the Contractor fails to maintain and control traffic at any time during the construction period such that the safety to public vehicular, bicycle and/or pedestrian traffic is compromised in any way in the opinion of the Engineer or the City Police Department, the City will require the Contractor to stop work and open all traffic lanes, or immediately modify the traffic control plan, subject to approval by the City, to ensure that the unsafe situation is corrected. If, due to the nature of the work, it is impossible to open all traffic lanes, or the Contractor is unable to immediately modify the traffic control plan to restore safe and adequate traffic control, the City may mobilize emergency forces to re-establish adequate and safe traffic control. The emergency forces may include Police Department, Maintenance Services Division,Engineering Division,Contractors or consultants hired by theCity or other personnel asrequired to re-establish adequate and safe traffic control.
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The Contractor shall pay for the full and complete time and material cost for any emergency response by City forces and firms hired by the City as described herein. This paymentshall be in addition to the liquidated damages provided for in Section 6-9 of these specifications. Contractor agrees to pay such costs as provided for in this paragraph, and in case the same are not paid, Contractor agreesthat City may deduct the amount ofsuch costsfrom any money that is due or that may be due the Contractor under the Contract. The Contractor shall not be entitled to any delay claims for work stopped by the City in order to correct an unsafe traffic condition, regardless of whether traffic control was set up in accordance with an approved traffic control plan. 601-3.5 Signs and Signage.
601-3.5.1 General.
Replace the entire subsection with the following:
Signs shall conform to the most recent Edition of the Manual on Uniform Traffic Control Devices (MUTCD), the California Supplement to the MUTCD hereinafter referred as CAMUTCD issued by the State of California, Department of Transportation (Caltrans), and the "Work Area Traffic Control Handbook," published by Building News, Inc. Each sign shall consist of a base, standard or framework, and a sign panel. Sign units shall be capable of being delivered to the work site and placed into immediate operation.
Signs shall include all temporary signs required for the direction of traffic through or around the work site. Sign placement shall conform to the documents listed above and the Traffic Control Plan.
Advance warning signs shall be provided with orange warning flags in advance of temporary stop signs. Temporary stop signs are required any time a traffic signal is dark. Temporary stop signs shall be mounted at 7 feet high.
The Contractor shall post standard "NO PARKING" construction zone signs 72 hours prior to construction, not more than 50 feet apart within the work area, showing the date and time of construction. “NO PARKING” signs are to have the language “By order of the H.B.P.D. 318- 0360 CVC 22658 / HBMC 10.32.220 & 10.12.040” on the signs. Signs can be obtained from the City.
601-3.5.2 Payment.
Replace the entire subsection with the following:
See Section 7 for payment details.
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601-3.6 Channelizing Devices.
601-3.6.1 General.
Add the following:
Channeling devices shall be spaced as necessary for proper delineation; however, in no case shall the spacing between portable delineators exceed 25 feet on tangents or 10 feet on curves.
Fluorescent traffic cones shall be new or reconditioned, and of good commercial quality flexible material suitable for the purpose intended. The outer section of the portion above the base of the cone shall be a highly pigmented fluorescent orange polyvinyl compound.The overall height ofthe cone shall be at least 28 inches. The base shall be of sufficient weight and size orshall be anchored in a mannersuch that the traffic cone will remain in an upright position.
The fluorescent traffic cones shall be spaced as necessary for proper delineation; however, in no case shall the spacing between fluorescent traffic cones exceed 25 feet on tangents or 10 feet on curves.
Only one type of channelizing device shall be used at any one time.
Channelizing devicesshall be placed at all locationsshown on theTraffic Control Plan and at such locations as directed by the Engineer.
Channelizing devicesshall be left in place at their designated locations, maintained,repaired, and replaced asrequired untiltheirremovalis approved by the Engineer.
If the channelizing devices are damaged, or are not in an upright position, for any reason, said devices shall immediately be replaced, or restored to their original locationsin an upright position, by theContractor, 24 hours per day, 7 days per week for as long as required by the City.
See Section 7 for payment details.
Add the following subsection:
601-7 PAYMENT.
See Section 7 for payment details.
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PART 9 – SPECIFIC CONDITIONS
SECTION 900 – CONSTRUCTION MANAGEMENT.
900-1 PROCORE SOFTWARE.
The contractor shall use the Procore construction management software (with account for the project made available by the City at no additional cost) for various construction management activities related to the project including but not limited to submission of schedules, project material submittals, and RFIs. Project documents including plans and specifications will also be made available on Procore for the contractor’s use for the duration of the project.
VII. TECHNICAL PROVISIONS
CIP NO. 502 GREENBELT PEDESTRIAN TRAIL
CIP NO. 604 CITY WIDE ADA IMPROVEMENTS
CIP NO. 194 ANNUAL STRIPING IMPROVEMENTS
The following technical provisions supplement the 2021 Standard Specifications for Public Works Construction (SSPWC) and Special Provisions.
TABLE OF CONTENTS
025639 Temporary Tree & Plant Protection
031000 Concrete Formwork
033000 Cast in Place Concrete
129300 Site & Street Furnishings
311000 Site Clearing
312000 Earth Moving
312219 Landscape Grading
321216 Asphalt Paving
321313 Concrete Paving
321513 Stabilized Decomposed Granite Paving
321723 Pavement Markings
328400 Landscape Irrigation
329113 Soil Preparation
329200 Lawn & Grasses
329300 Exterior Plants
329400 Landscape Planting Accessories
329400 Landscape Establishment Period
344113 Traffic Signals
TEMPORARY TREE & PLANT PROTECTION
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SECTION 025639 – TEMPORARY TREE & PLANT PROTECTION
PART 1 - GENERAL
1.1 SUMMARY
A. This Section includes materials, labor, apparatus, tools, equipment, temporary construction, transportation, and services necessary for and incidental to performing the proper completion of Work for Temporary Tree & Plant Protection, as shown in the Contract Drawings, and as specified herein this Section.
B. Work under this Section consists of, but is not necessarily limited to, furnishing and installing the following:
1. Protecting and maintaining existing trees and vegetation not specifically designated for removal, to remain.
2. Protection shall be extended to trees and/or vegetation located within or directly adjacent to the Project Site, whether the tree trunk and/or vegetation are located within the designated Limits of Work.
C. Related Sections: The following Sections contain requirements that relate to Work in this Section:
1. Section 328400 – Planting Irrigation
2. Section 329200 – Lawns and Grasses.
3. Section 329300 – Exterior Plants.
4. Section 329400 – Landscape Planting Accessories.
1.2 DEFINITIONS AND APPLICABLE STANDARDS
A. References:
1. ANSI – American National Standards Institute.
2. ASTM – American Society for Testing & Materials.
3. ISA – International Society of Arboriculture.
4. USDA – United States Department of Agriculture.
B. Definitions:
1. Tree – A woody perennial plant which usually has (but not limited to) a single dominant trunk and has a mature height of fifteen-feet (15’) or more and has a trunk diameter (caliper) of three-inches (3”) or more when measured at twenty-four-inches (24”) above the finished grade.
2. Drip-line – The outermost extent of the tree’s foliaged canopy, which encompasses the tree leaves or fronds, trunk, branches, roots, and soil. In no case shall a drip line encompass an area under a tree canopy, which is less than ten-feet (10’) in diameter.
Since each tree is unique in size, scale, and form, the delineated drip-line of each tree shall be refined at the discretion of the Landscape Architect.
3. Injury – Bruising, scarring, tearing, gouging, or breaking of roots, branches, or trunk(s), soil compaction around the drip-line, or contamination around the drip-line which results in the decline to the health of the tree.
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4. Root Zone– The soil volume surrounding a plant containing the roots.
C. Reference Standards:
1. American National Standard for Tree Care Operation, Tree, Shrub, and Other Woody Plant Maintenance (ANSI A300), American National Standards Institute, Latest Edition.
2. American National Standard for Tree Care Operations (ANSI Z133), American National Standards Institute, Latest Edition.
3. Tree Pruning Guidelines, International Society of Arboriculture, 1995 Edition.
4. Pruning Standards for Shade Trees, National Arborists Association, Latest Edition.
1.3 SUBMITTALS
A. Contractor shall provide site photographs or videotape, sufficiently detailed and described, of existing conditions of trees and vegetation, adjoining construction, and site improvements that might be misconstrued as damage caused by site clearing, tree pruning, or tree protection.
Submit photographs or videotape to the Landscape Architect prior to commencement of Work.
B. Product Data: Submit complete and legible materials list of items to be provided for Work described herein this Section.
C. Submit complete detailed schedule and description of Work to be done within drip-line, (if any), including list of equipment to be used.
D. Submit schedule and description of proposed pruning and/or other remedial work to existing plant materials. Submit qualifications describing years of experience and list of similar projects completed for the following:
1. A State of California licensed Pest Control Advisor shall propose application of all herbicides or pesticides.
2. A Certified Arborist shall propose pruning of trees or other vegetation. The Certified Arborist shall have a minimum of five (5) year’s post-certification experience performing pruning and observation work for projects of comparable size with trees of similar size and nature.
3. Tree Pruning Company, and List of Certified Tree Workers, who will perform Work relating to requirements herein this Section. Tree Pruning Company shall have a minimum of five (5) years experience specializing in performing the work of this Section for projects of comparable size with trees of similar size and nature.
1.4 QUALITY ASSURANCE AND CONTROL
A. Pre-Installation Conference: Conduct conference at Project Site.
B. Pruning and remedial work shall be done under the direct supervision of an Arborist certified by the International Society of Arborists (ISA); or Arborist who is a member in good standing in the American Society of Consulting Arborists, in compliance with ISA and ANSI Standards.
Arborist shall be on Site continuously while existing trees or roots are being pruned or remedial work is being performed.
1.5 PROJECT SITE CONDITIONS
TEMPORARY TREE & PLANT PROTECTION
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A. Contractor shall become aquatinted with existing site conditions, verifying quantities and locations of all protected trees and vegetation, and other information as may be necessary.
Notify the Landscape Architect of unsatisfactory conditions, in writing, prior to commencement of Work.
B. Tree Flagging: Prior to commencement of Work, Contractor shall flag existing trees and vegetation to remain and protected throughout the duration of Work. Adequately flag tree trunks with bright-colored tape (neon colors preferred). Verify flagged trees and vegetation with the Landscape Architect.
C. Traffic: Minimize interference with adjoining roads, streets, walks, and other adjacent occupied or used facilities during tree-pruning or tree-protection operations.
1. Do not close or obstruct streets, walks, or other adjacent occupied or used facilities without permission from the Owner and authorities having jurisdiction.
2. Provide alternate routes around closed or obstructed traffic ways, if required, by authorities having jurisdiction.
D. Locate all utilities prior to any Work, and perform Work in a manner which will avoid possible damage. Notify utility locator service for area where Project is located before site clearing where applicable. Notify the Landscape Architect if conflicts exist.
E. Improvements on Adjoining Property: Authority for performing indicated removal and alteration Work on property adjoining Owner's property shall be obtained by the adjoining property Owner(s) prior to commencement of Work.
F. Protect existing Work and Work of other trades: Damage to existing construction caused by Work of this Section shall be promptly repaired and/or replaced at the expense of the Contractor.
G. Environmental Requirements: Perform actual pruning operations (if needed) during those seasons suitable for the specific tree type, in accordance with locally acceptable horticultural practices.
H. Pre-Tree Pruning/Tree Protection Conference: Contractor shall conduct a Pre-Tree Pruning/Tree Protection Conference at the Project Site with Certified Arborist (who will be on-site supervising the Work of the Project) and the Landscape Architect.
1. Contractor shall be responsible for notifying parties, in writing, at least seven (7) days in advance to schedule the Conference.
2. Contractor shall provide to parties in attendance within seven (7) days a written legible inventory of Work to be accomplished, including species (botanical and common name), location, size, specific pruning needs or tree protection needs as identified during the Conference, recommended pruning or tree protection methods to meet the identified needs, and any additional conditions noted.
1.6 SCHEDULE
A. Install Tree Protection Barricades prior to commencement of Work.
B. Work shall be done according to approved Schedule.
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1.7 GUARANTEE
A. Contractor shall Guarantee that plants covered under the Provisions of this Section shall be healthy and in a flourishing condition of active growth for two (2) years from the date of Final Acceptance.
B. Requirements of the guarantee shall apply if failure of the Contractor to take specified precautions and Work within restrictions of this Section contributes to the destruction, decline, or injury to a tree to remain, in the judgment of the Landscape Architect.
C. If a tree designated to be protected accordingly is destroyed or injured so that in the judgment of the Landscape Architect it should be replaced, it shall be removed at the expense of the Contractor. Contract shall pay compensation to the Owner of the property where the tree was located at the rate as specified herein this Section (see Compensation).
1.8 COMPENSATION
A. Contractor shall replace existing plant material designated to remain that dies or sustained injury from the result of the Contractor’s negligence to provide adequate required protection, pruning, or maintenance during the course of construction operations.
B. Trees: Contractor shall thoroughly remove damaged tree, including trunk, branches, and roots, at no cost to the Owner, and at the direction of the Landscape Architect.
1. Contractor shall furnish and install per requirements in Section 329300 – Exterior Plants, with an equal size tree (in height, spread, and caliper), and of the same form, species, and in the same quantity as those tree(s) that were damaged, at the direction of the Landscape Architect. Compensation shall include the actual cost of the item boxed out of the ground; transportation or delivery of boxed item to the site; unloading, planting and staking; maintenance, including watering, fertilizing, pruning, pest control, and other care to bring replacement to same general condition of the original item.
C. Other Plant Material (other than Trees): Contractor shall replace other vegetation (other than trees) that died or sustained injury from the result of the Contractor’s negligence to provide adequate required vegetation protection, pruning, or maintenance during the course of construction operations. Compensation shall be awarded to the Owner as follows:
1. Contractor shall thoroughly remove damaged vegetation at no cost to the Owner, and at the direction of the Landscape Architect.
2. Contractor shall furnish and install per requirements in Section 329300 – Exterior Plants, with equal size plant material as those which damaged ((5) gallon container stock minimum (as applicable)) of the same form, species, and in the same quantity as vegetation that was damaged, at the direction of the Landscape Architect.
PART 2 - PRODUCTS
2.1 TREE PROTECTION MATERIALS
A. Barricade for Protection of Existing Vegetation:
TEMPORARY TREE & PLANT PROTECTION
025639 - 5
1. Fabric: Utility (snow) type fencing, minimum four-feet (4’-0”) high, consisting of a vinyl meshed fabric in a bright orange color. Fabric shall be approved by the Landscape Architect.
2. Posts: Metal or wood, sufficient in gauge (as appropriate) and size to support the fabric material in a taut and plumb condition. Posts shall be subject to approval by the Landscape Architect.
3. Signs: Posted plastic laminated signs, attached to fabric fencing, with words “WARNING-KEEP OUT-TREE PROTECTION ZONE”.
B. Mulch: Where available, Contractor shall stockpile and reuse shredded wood chips produced from on-site tree removals and remedial work, if chips are disease free and acceptable to the Landscape Architect. Where on-site chips are not available, Contractor shall provide Shredded Wood Mulch as specified in Section 329400 – Landscape Planting Accessories.
PART 3 - EXECUTION
3.1 PREPARATION
A. Provide erosion-control measures as needed to prevent soil erosion and discharge of soilbearing water runoff or airborne dust to adjacent properties and walkways.
B. Locate and clearly flag trees and vegetation to remain or to be relocated.
C. Protect existing site improvements to remain from damage during construction.
3.2 TREE AND VEGETATION PROTECTION
A. Protect existing trees and other vegetation indicated to remain in place against the following:
1. Storage or parking of automobiles or other vehicles.
2. Stockpiling of building materials, refuse, or excavated materials.
3. Use of trees as support posts, power posts, or sign posts, anchorage for ropes, guy wires, or power lines, or other similar functions.
4. Dumping of poisonous materials on or around plant roots, trunks, branches, or foliage.
Such materials include, but are not limited to, paint, petroleum products, dirty water, or other deleterious materials.
5. Cutting, breaking, or shinning of roots caused by utility trenching, foundation digging, placement of curbs and trenches, and other miscellaneous excavation without prior written approval by the Landscape Architect.
6. Damage by skinning or bruising of bark on trunks or branches, caused by maneuvering vehicles or stacking material or equipment too close to the plant.
7. Compaction of the soil within the drip-line of the plants due to movement of trucks or grading machines, pedestrian or vehicular traffic, storage of equipment or materials.
8. Excessive water or heat from equipment, utility line construction, or burning of trash under or near vegetation to remain.
9. Damage to root system from flooding, erosion, and excessive wetting and drying resulting from watering and other operations.
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B. Prior to commencement of construction activities, the Contractor shall erect and maintain a temporary fenced barricade around the drip-line of individual trees, around perimeter drip-line of groups of trees, or around other vegetation to remain.
1. Prevent damage to roots during installation of barricade posts. Space posts approximately 4’-0” on-center (O.C.) and securely attach fabric.
2. Barricades shall be installed plumb, taut, and sturdy to prevent unauthorized access around drip-line of trees and protected vegetation. Repair sagging or damaged barricades immediately.
3. Immediately after barricade fencing is installed, cover entire soil area inside of the fence area with a four-inch (4”) layer of mulch. Keep mulch eighteen-inches (18”) away from root crown. Irrigate protected trees and vegetation to a moist soil depth of eighteeninches (18”) deep.
4. During the course of construction, relocation of the barricade may be required to facilitate construction. Contractor shall relocate barricade as directed by the Landscape Architect at no additional expense to the Owner.
5. Remove barricade when construction operations are complete or when directed by the Landscape Architect.
C. Irrigation: Contractor shall supply fresh potable water in adequate amounts and rates of application as required to maintain the health of protected plant material throughout the duration of the construction operations. Contractor shall maintain a watering schedule and document dates and duration of irrigation applications.
1. Construct a temporary watering basin, as required, on the surface of the existing undisturbed grade, with imported soil, to aid in the retention of water around existing protected trees and planting.
D. Do not excavate within drip line of trees, unless approved, in writing, by the Landscape Architect.
E. Where excavation for new construction is required within drip line of trees, hand clear and excavate to minimize damage to root systems. Use narrow-tine spading forks, comb soil to expose roots, and cleanly cut roots as close to excavation as possible.
1. Cover exposed roots with burlap and water regularly.
2. Temporarily support and protect roots from damage until they are permanently relocated and covered with soil.
3. Coat cut faces of roots more than 1-1/2 inches in diameter with emulsified asphalt or other approved coating formulated for use on damaged plant tissues.
4. Cover exposed roots with wet burlap to prevent roots from drying out. Backfill with soil as soon as possible.
F. Protect root systems of existing trees and vegetation from damage due to chemically injurious materials in solution caused by run-off or spillage during mixing or placement of construction materials, and drainage of stored materials.
G. Protect root systems from flooding, erosion, excessive wetting or drying resulting from dewatering or other operations.
H. Repair or replace trees and vegetation indicated to remain that are damaged by construction operations, in a manner approved by the Landscape Architect.
1. Employ a qualified arborist, licensed in jurisdiction where Project is located, to submit details of proposed repairs and to repair damage to trees and shrubs.
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2. Replace trees that cannot be repaired and restored to full-growth status, as determined by the qualified Arborist.
3.3 CLEARING AND GRUBBING
A. Remove obstructions, trees, shrubs, grass, and other vegetation to permit installation of new construction. Removal includes digging out stumps and obstructions and grubbing roots.
1. Do not remove trees, shrubs, and other vegetation indicated to remain or to be relocated.
2. Cut minor roots and branches of trees indicated to remain in a clean and careful manner where such roots and branches obstruct installation of new construction.
3. Completely remove stumps, roots, obstructions, and debris extending to a depth of eighteen-inches (18”) inches below exposed sub-grade.
4. Use only hand methods for grubbing within drip line of remaining trees.
B. Fill depressions caused by clearing and grubbing operations with satisfactory soil material, unless further excavation or earthwork is indicated.
3.4 PRUNING AND REMEDIAL WORK
A. Pruning and remedial work shall be done under continuous supervision of the approved Arborist, according to approved submittals, and per ANSI A300 Pruning Standards.
B. Provide pruning, cabling and bracing, irrigation, pest and disease control and other remedial treatments as recommended by the approved Arborist, required to assure the long-term health of the trees and existing vegetation, and the safety of persons and property.
3.5 LANDSCAPE ESTABLISHMENT PERIOD
A. Keep areas within tree protection barricades free from weeds, trash, and debris. Do not use herbicides.
B. Maintain mulch layer and protective devices throughout entire duration of Contract.
END OF SECTION
CONCRETE FORMWORK
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SECTION 03 10 00 – CONCRETE FORMWORK
PART 1 - GENERAL
1.01 DESCRIPTION
A. Principal work in this Section includes but is not necessarily limited to:
1. Formwork and shoring for cast-in-place concrete.
2. Accessories and form coating.
3. Installation of inserts, bolts, anchors and other items furnished by other trades for installation in formed concrete. Coordination of work of all trades affecting concrete formwork.
B. Work installed but furnished in other Sections includes but is not necessarily limited to:
1. Items supplied by other trades where the items must be placed when forms are erected.
C. Related work in other Sections includes but is not necessarily limited to:
1. Division 32 for forming of exterior concrete curbs, walks and paving
1.02 SUBMITTALS
A. General: Make submittals in accordance with the requirements of the General Conditions if required.
1.03 QUALITY ASSURANCE
A. Standards: The applicable provisions of ACI 347R, Guide to Formwork for Concrete, and ACI 301, Chapter 4, Specification for Structural Concrete for Buildings, govern the work of this Section.
B. Testing Agency Qualifications: An independent agency, acceptable to authorities having jurisdiction, qualified according to ASTM C 1077 and ASTM E 329 for testing indicated.
C. Definitions:
1. Exposed concrete: Exposed-to-view concrete which will receive finish materials such as paint, applied directly to its surface, or left unfinished. Not included is exposed concrete in Mechanical and Utility Rooms and exposed exterior architectural concrete.
2. Concealed concrete: Covered by structure or with finish material other than that applied directly to its surface as specified above. Included is exposed concrete in mechanical and utility rooms.
D. Tolerances for exposed concrete:
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1. General: Following is a list of the maximum permissible deviations from established lines, grades and dimensions for exposed concrete. a. Honeycombs, bubbles and similar defects are considered a part of the finish and are to be distinguished from tolerances described herein. b. Variations in the level of elevated concrete such as floors and beams shall be measured before removal of supporting shores. The Contractor is responsible for deflection.
E. Tolerances for concealed concrete: Concealed concrete shall meet the following requirements.
1. Sufficiently accurate to accommodate the details of abutting work.
2. Measurably accurate so that the maximum deviation is not over 3/8" in 8 ft.
3. Measurably accurate so that the total maximum deviation is not over 1" in 40 ft. or more.
1.04 REFERENCE STANDARDS.
A. ACI 117 – Standard Specifications for Tolerances for Concrete Construction and Materials; American Concrete Institute.
B. ACI 301 – Specifications for Structural Concrete for Buildings; American Concrete Institute.
C. ACI 318 – Building Code Requirements for Structural Concrete and Commentary; American Concrete Institute.
D. ACI 347 – Guide to Formwork for Concrete; American Concrete Institute.
E. ASME A17.1 – Safety Code for Elevators and Escalators; The American Society of Mechanical Engineers.
PART 2 - PRODUCTS
2.01 FORM MATERIALS
A. Forms for exposed finish concrete (flat surfaces):
1. Unless otherwise indicated, construct formwork with plywood, metal, metal- framed plywood-faced or other panel type materials acceptable to the Architect providing continuous, straight, as-cast surfaces. Furnish in largest practicable sizes to minimize number of joints and to conform to joint system where shown. Provide form material with sufficient thickness to withstand pressure of placed concrete without bow or deflection beyond allowable tolerances.
2. Use plywood complying with US Product Standards PS-1, "B-B High Density Overlaid Concrete Form", Class 1, edge-sealed, with each piece bearing the legible trademark of an approved inspection agency.
3. Required form features:
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a. True shape and edges.
b. Sharp, undamaged corners and edges.
c. Uniformly smooth, clean surfaces without checks or knots. d. Free of damage, holes, bumps, warps and bends.
e. Hard, waterproof surface.
f. Single-unit forms without lapped joints for columns, beams and joists.
4. Do not use the following forms:
a. Segmented units for joists.
b. Boards.
c. Plywood without high density overlay contact surface. d. Earth forms.
B. Forms for concealed finish: Form concrete surfaces which will be concealed in the finished structure with detectable warning or other acceptable material. Provide lumber dressed on at least 2 edges and 1 side for tight fit.
1. Forms that cannot be removed after concrete has been poured:
a. High density polystyrene blocks, (HDFM-1), Styrofoam PD Board, with minimum compressive strength of 60 lbs/sq.inch. Thickness shall be as required.
b. Constructed of steel; no wood or fiberboard forms permitted at these locations.
C. Form ties:
1. For all concrete that will remain exposed to view: Provide factory-fabricated, adjustable-length, removable or snap-off metal ties, designed to prevent form deflection, and to prevent spalling concrete surfaces upon removal. Provide plastic cone ties where indicated on Drawings or approved by the Architect.
2. Unless otherwise shown, provide ties so that portion remaining within concrete after removal of exterior parts is at least 1-1/2" from the outer concrete surface. Provide form ties, which will leave a hole not larger than 1" diameter in the concrete surface.
3. Form ties fabricated on the job site, or wire ties, wood spreaders, or embedded types in which embedded portion is less than 1-1/2" from exterior face of concrete, are not acceptable.
D. Form coating: Commercial formulation that will not bond with, stain, nor adversely affect concrete surfaces, and will not impair subsequent treatment of concrete surfaces requiring bond or adhesion, nor impede the wetting of surfaces to be cured with water or curing compounds, nor affect subsequent finishes to be applied to concrete surfaces.
E. Inserts:
1. Metal inserts for anchorage of materials or equipment to concrete construction not supplied by other trades and as required for the work.
2. Adjustable wedge inserts of malleable cast iron, complete with bolts, nuts and
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washers; minimum 3/4" bolt size unless otherwise indicated.
3. Threaded inserts of malleable cast iron, furnished complete with full-depth bolts; minimum 3/4" bolt size, unless otherwise indicated.
4. Stainless steel sheet metal reglets formed of the same material and gage as the flashing metal to be built into the reglets. Fill reglet or cover slot to prevent intrusion of concrete or debris.
F. Chamfer strips: 3/4" x 3/4" virgin vinyl with 1/2" radius and 1/2" nailing leg at corner.
G. Prefabricated construction joint keyways, complete with all accessories.
2.02 DESIGN OF FORMWORK
A. Design, erect, support, brace and maintain formwork so that it will safely support vertical and lateral loads that might be applied, until such loads can be supported by the concrete structure. Carry vertical and lateral loads to ground by formwork system and in-place construction that has attained adequate strength for that purpose.
B. Design forms and falsework to include assumed values of live load, dead load, weight of moving equipment operated on formwork, ambient temperature, foundation pressures, stresses, lateral stability, and other factors pertinent to safety of structure during construction.
C. Design formwork to be readily removable without impact, shock or damage to concrete surfaces and adjacent materials.
D. For concrete surfaces which will remain exposed in the Work, seal joints with sealant or tape to prevent cement paste leakage. At other locations provide formwork sufficiently tight to prevent leakage of cement paste during concrete placement. Solidly butt joints and provide backup material at joints to prevent leakage and fins.
E. Design formwork to take into account the placing rate, temperature, vibrating and retarding admixtures so all portions of the assembly withstand the concrete pressures without deformation beyond 1/360 of spans.
PART 3 - EXECUTION
3.01 EXAMINATION
A. Examine substrates and adjoining construction, and conditions under which formwork will be installed.
B. Do not proceed with installation until unsatisfactory conditions detrimental to the proper and timely completion of this work have been corrected.
3.02 FORM CONSTRUCTION
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A. General:
1. Construct forms complying with ACI 347, to the sizes, shapes, lines and dimensions shown, and as required to obtain accurate alignment, location, grades, level and plumb work in finished structures. Provide for openings, offsets, sinkages, keyways, recesses, moldings, rustications, reglets, chamfers, blocking, screeds, bulkheads, anchorages and inserts, and other features required. Use selected materials to obtain required finishes.
2. Provide camber in formwork as required for anticipated deflections due to weight and pressures during concrete placement and construction loads for long span members without intermediate supports.
3. Fabricate forms for easy removal without hammering or prying against concrete surfaces. Provide crush plates or wrecking plates where stripping may damage cast concrete surfaces. Provide top forms for inclined surfaces where the slope is too steep to place concrete with bottom forms only. Kerf wood inserts for forming keyways, reglets, recesses, and the like, to prevent swelling and assure ease of removal.
4. Provide temporary openings where interior of formwork is inaccessible for clean- out, for inspection before concrete placement, and for placement of concrete. Brace temporary closures and set tightly to forms to prevent loss of concrete mortar. Locate temporary openings on forms in as inconspicuous location as possible, consistent with project requirements.
5. Form intersecting planes to provide true, clean-out corners, with edge grain of plywood not exposed as form for concrete.
6. Before concrete placement, check the lines and levels of erected formwork. Make corrections and adjustments to ensure proper size and location of concrete members and stability of forming systems.
7. During concrete placement, check formwork and related supports to ensure that forms are not displaced and that completed work will be within specified tolerances.
8. Engage a licensed surveyor to verify that formwork is within specified allowable tolerances. Surveyor shall report in writing to the Construction Manager, with copy to the Contractor, certifying formwork as acceptable or indicating deviations from allowable tolerances.
B. Provisions for other trades: Provide openings in concrete formwork to accommodate work of other trades. Accurately place and securely support items to be built into forms.
C. Cleaning and tightening: Thoroughly clean forms and adjacent surfaces to receive concrete.
Remove chips, wood, sawdust, dirt or other debris just before concrete isto be placed. Retighten forms immediately after concrete placement as required to eliminate mortar leaks.
3.03 FORMS FOR EXPOSED CONCRETE
A. General:
1. Drill forms to suit ties used and to prevent leakage of concrete mortar around tie holes. Do not splinter forms by driving ties through improperly prepared holes.
2. Do not use metal cover plates for patching holes or defects in forms.
3. Provide sharp, clean corners at intersecting planes, without visible edges or
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offsets. Back joints with extra studs or girts to maintain true, square intersections.
4. Use extra studs, whalers and bracing to prevent bowing of forms between studs.
5. Assemble forms so they may be readily removed without damage to exposed concrete surfaces.
6. Form molding shapes, recesses and projections with smooth-finish materials, and install in forms with sealed joints to prevent displacement.
B. Corner treatment:
1. Form exposed corners of beams and columns with chamfers to produce smooth, solid, unbroken lines, except where otherwise indicated.
2. Form chamfers with 3/4" x 3/4" strips, unless otherwise indicated, accurately formed and surfaced to produce uniformly straight lines and tight edge joints. Extend terminal edges to require limit and miter chamfer at changes in direction.
3. Concealed corners may be formed either square or chamfered.
C. Joint locations:
1. Utilize largest available form panels for minimum joint spacing of 8 ft. x 4 ft.
2. Arrange joints in a symmetrical pattern so center of the surface involved is either a joint or the center of a form unit. Use form units of matching size where possible.
3. Arrange forms with continuous support at every joint to keep from offsetting during the placing operation.
4. Exposed joints not shown shall be made and located to least impair the strength of the structure.
5. Where a joint will occur, thoroughly clean the surface of the concrete and remove laitance. In addition, wet vertical joints thoroughly and slush with neat cement grout immediately before placement of new concrete.
6. At horizontal construction joints, provide 1-1/2" continuous blocking at top of first casting. Remove blocking and re-brace forming member tightly against first casting to form a leak-proof joint for second placement.
7. Refer to Section 03 30 00 for additional provisions on this subject.
3.04 PREPARATION OF FORM SURFACES
A. Clean form surfaces of embedded materials, of accumulated mortar or grout from previous concreting, and of other foreign material before concrete is placed in them.
B. Unless otherwise specified or approved, treat form surfaces as follows:
1. Coat high density overlay plywood with mill oil of 100 or higher viscosity, in accordance with APA recommendations.
2. Do not allow excess form coating material to stand in puddles in the forms nor to come in contact with hardened concrete against which fresh concrete is to be placed.
3.05 INSTALLATION OF EMBEDDED ITEMS
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A. General: Set and build into the work anchorage devices and other embedded items required for other work that is attached to, or supported by concrete. Use setting drawings, diagrams, instructions, and directions provided by suppliers of the itemsto be attached thereto.
B. Edge forms and screeds strips for slabs: Set edge forms or bulkheads and intermediate screed strips for slabs to obtain required elevations and contours in the finished slab surface. Provide and secure units to support types of screedsrequired.
3.06 REMOVAL OF FORMS
A. General: Comply with California Building Code, Section 1906.2 Removal of Forms, shores and Reshoring.
B. Formwork supporting weight of concrete, such as beam soffits, joists, slabs and other structural elements may not be removed in less than 14 days, and not until concrete has attained design minimum 28-day compressive strength. Determine potential compressive strength of in-place concrete after tests of field-cured specimens, representative of the concrete location or members, have been made by the Contractor's Testing Agency.
C. Form facing material may be removed 4 days after placement, only if shores and other vertical supports have been arranged to permit removal of form facing material without loosening or disturbing shores and supports.
3.07 RE-USE OF FORMS
A. Clean and repair surfaces of forms to be re-used. Split, frayed, delaminated or otherwise damaged form facing material will not be acceptable. Apply new form coating compound material to concrete contact surfaces as specified for new formwork.
B. When forms are extended for successive concrete placement, thoroughly clean surfaces, remove fins and laitance, and tighten forms to close all joints. Align and secure joints to avoid offsets. Do not use "patched" forms for exposed concrete surfaces, except when acceptable to the Owner.
3.08 FIELD QUALITY CONTROL
A. Testing Agency: Engage a qualified testing and inspecting agency to perform tests and inspections and to submit reports.
END OF SECTION
CAST-IN-PLACE CONCRETE
033000 - 1
SECTION 03 30 00 – CAST-IN-PLACE CONCRETE
PART 1 - GENERAL
1.01 DESCRIPTION
A. Principal work in this Section includes but is not necessarily limited to:
1. Cast in place concrete.
2. Installation of items to be embedded in unformed concrete; refer to Section 03 10 00 for items to be embedded in formed concrete. Coordinate with requirements of all Sections having items to be embedded in Concrete.
B. Related work in other Sections includes but is not necessarily limited to:
1. Division 31 Section “Earth Moving” for excavation, grading and granular fill beneath building slabs on grade.
2. Division 32 Sections: “Asphaltic Paving” and “Concrete Paving” for site paving and concrete.
1.02 SUBMITTALS
A. Product Data: For each type of manufactured material and product indicated.
B. Design Mixes: For each concrete mix. Include alternate mix designs when characteristics of materials, project conditions, weather, test results, or other circumstances warrant adjustments.
1. Indicate amounts of mix water to be withheld for later addition at Project site.
C. Material Test Reports: From a qualified testing agency indicating and interpreting test results for compliance of the following with requirements indicated, based on comprehensive testing of current materials:
D. Material Certificates: Signed by manufacturers certifying that each of the following items complies with requirements:
1. Cementitious materials and aggregates.
2. Admixtures.
3. Waterstops.
4. Curing materials.
5. Floor and slab treatments.
6. Bonding agents.
7. Adhesives.
8. Vapor retarders.
9. Epoxy joint filler.
10. Joint-filler strips.
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11. Repair materials.
E. Minutes of preinstallation conference.
1.03 QUALITY ASSURANCE
A. Local / Regional Materials:
1. Provide cementitious and aggregate materials that are quarried and mixed regionally within a radius of 500 miles of Project Site.
B. Reference standards: Applicable provisions of the following govern the work of this Section, except as noted or specified.
1. ACI 211, Recommended Practice for Selecting Proportions for Normal and Heavyweight Concrete.
2. ACI 211.1, Standard Practice for Selecting Proportions for Normal, Heavyweight, and Mass Concrete.
3. ACI 211.2, Standard Practice for Selecting Proportions for Structural Lightweight Concrete.
4. ACI 301, Specifications for Structural Concrete for Buildings.
5. ACI 302, Recommended Practice for Concrete Floor and Slab Construction.
6. ACI 303R, Guide to Cast-In-Place Architectural Concrete Practice.
7. ACI 304, Recommended Practice for Measuring, Mixing, Transporting and Placing Concrete.
8. ACI 304.5, Recommended Practice for Batching, Mixing, and Job Control of Lightweight Concrete.
9. ACI 318, Building Code Requirements for Reinforced Concrete.
10. ACI 305, Recommended Practice for Hot Weather Concreting.
11. ACI 306, Recommended Practice for Cold Weather Concreting.
C. Testing Agency Qualifications: an independent agency, acceptable to authorities having jurisdiction, qualified according to ASTM C1077 and ASTM E329 for testing indicated.
D. Source quality control:
1. Testing Agency shall test the materials for conformance with these Specifications before concrete mixes are established, and when source is changed, unless recent test results of materials to be used on the Project are acceptable to the Owner.
2. Testing coarse aggregates:
a. Test aggregates before and after concrete mix is established and whenever the character source of material is changed, but not less than one test for each 500 cubic yards.
b. Perform a sieve analysis to determine conformity with limits of gradation.
Perform sampling and testing according to ASTM C33, and as follows:
1) Sampling of aggregates: ASTM D75. Take samples of aggregates at source of supply, or if source of supply has been approved, from storage bunkers at ready mixed concrete plant.
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2) Testing of aggregates shall include:
a) Sieve analysis: ASTM C136
b) Organic impurities: ASTM C40. Fine aggregate shall develop a color not darker than the referenced standard color.
c) Soundness: ASTM C88. Loss after 5 cycles not over 8% for coarse aggregate, nor 10% for fine aggregate.
d) Abrasion of concrete aggregate: ASTM C131. Weight loss not over 10 1/2% after 100 revolutions, nor 42% after 500 revolutions. e) Deleterious materials: ASTM C33.
f) Materials passing No. 200 sieve: ASTM C117, not over 1% for gravel, 1.5% for crushed aggregate per ASTM C33.
g) Reactive materials: ASTM C289. Aggregates shall indicate no potential deleterious reactivity.
h) Definitions: ASTM C125.
3. Cement test:
a. The cement mill laboratory will be acceptable as testing laboratory for this purpose when approved by the Owner. Submit evidence to show that the cement mill laboratory is qualified to perform tests. The laboratory shall make tests for every 500 barrels or fraction thereof of cement used, in accordance with ASTM C150.
b. Make tensile strength test at 7 days. Tag the cement for identification at the location of sampling. A representative of the Testing Agency shall certify that materials being used are taken from the lots sampled and tested for this report.
PART 2 - PRODUCTS
2.01 MATERIALS
A. Portland cement: ASTM C150, Type II low alkali. Do not change brand or type of cement without the Owner’s written approval. Cement may be supplemented with fly ash conforming to ASTM C 618.
B. Aggregates: Submit pit source and characteristics of each type aggregate prior to designing mixes.
1. ASTM C33 for normal weight concrete.
2. ASTM C330 for structural lightweight concrete.
3. Aggregate shall be graded so that coarse aggregate nominal size is not larger than 1/5 of the narrowest dimension between form faces; nor 3/4 of the minimum clear spacing between individual reinforcing bars or bundles of bars, whichever is less, but never greater than 3/4" in any dimension for slabs 4" thick or less; 1 1/2" at all other locations.
4. Except where specifically indicated, “Pea Gravel” concrete (concrete with a maximum aggregate size of 3/8”) shall not be permitted without written permission from the Owner.
C. Admixtures: