Talking Trash: Recyclables and Organic Waste
2023-2024 Orange County Grand Jury Page 32
organic waste collection program. We are facing procurement challenges as energy related products are not readily available (particularly) RNG for collection vehicles.
Staffing may prove to be a challenge, depending upon the amount of complaints, inspections, and enforcement actions we are required to address.” “Procurement [is our] biggest challenge.”
“Our agreement with [the hauler] required that they implement 1383 compliant programming immediately for residential. It also includes education/outreach, contamination monitoring, purchase or compost/mulch on our behalf. Residential 3-cart was implemented on day one of the agreement. However, even with education, residents are hesitant to participate with food in the organics container due to not being allowed to use compostable bags and therefore attracting bugs and vermin.” “Meeting the annual procurement target presents a significant challenge. [The hauler’s] collection trucks are fueled with RNG. The RNG purchased is California produced, though not SB 1383 qualified. In addition, the formula used to calculate a jurisdiction’s procurement target does not count for density or square miles. Denser areas equal less space to distribute mulch or compost. More people equals higher procurement target.” “As with any new program where you need to change habits and behavior, it is going to a long-term project to get adults in the habit of separating their food scraps. State of CA should implement a statewide outreach campaign, and not just rely on local jurisdictions to provide all the outreach.”
Talking Trash: Recyclables and Organic Waste
2023-2024 Orange County Grand Jury Page 33
APPENDIX B – CIRCULAR ECONOMY STARTS IN YOUR KITCHEN
Circular conomy at or
ATTACHMENT 2
City of Laguna Hills’ response to
Grand Jury Report
August XX, 2024
The Honorable Maria D. Hernandez
Presiding Judge of the Superior Court
700 Civic Center Drive West
Santa Ana, CA 92701
SUBJECT: City of Laguna Hills’ Response to the 2023-2024 Orange County Grand Jury Report, “Talking Trash: Recyclables and Organic Waste” Dear Judge Hernandez:
The City of Laguna Hills has reviewed the 2023-2024 Orange County Grand Jury Report, “Talking Trash: Recyclables and Organic Waste.” In accordance with the California Penal Code Section 933, the City of Laguna Hills submits the following response to the findings and recommendations included within the Grand Jury’s report. Each of the applicable findings and recommendations are listed below in italics, followed by the City’s response.
Findings:
F1. The majority of Orange County jurisdictions have not yet required their haulers to distribute residential containers that meet the CalRecycle standardized colors, leaving legacy and often incorrect or illegible labeling and embossing in place.
Response: The City of Laguna Hills disagrees partially with the finding.
The City of Laguna Hills is not aware of how all cities in Orange County are distributing their residential containers to meet SB 1383 requirements and can only respond definitely with respect to its situation. The City of Laguna Hills recently issued a joint RFP for waste and recycling services. The new franchise (“Agreement”) was awarded in June 2024 and the start date is July 1, 2025. The new Agreement requires the provision of new containers that are fully compliant with SB 1383 in terms of color and labeling. The specific contract reference is Attachment B Section 1.5. Container Color Coding and Labeling.
F2. While a jurisdiction may not delegate its overall responsibility for compliance with State requirements to a hauler, some jurisdictions have designated the task of imposing and collecting fines from residents to the hauler in accordance with State law. However, not all jurisdictions are clear on who ultimately receives and retains the collected fines.
Response: The City of Laguna Hills disagrees partially with the finding.
The City of Laguna Hills is not aware of how all cities in Orange County are handling enforcement of State requirements and how they are handling the collections of fines. The City of Laguna Hills can only respond definitely with respect to its situation. There is no ambiguity
on the receipt and retention of the collected fines for the City of Laguna Hills. The City administers all enforcement and fines as described in its Ordinances.
F3. All jurisdictions will eventually start collecting fines from residents for non-compliance, but some have not yet determined whether the revenues will go into a waste and recycling enterprise fund or into the jurisdiction's general fund.
Response: The City of Laguna Hills disagrees partially with the finding.
The City of Laguna Hills is not aware of how all cities in Orange County are collecting fines for non-compliance and can only respond definitely with respect to its situation. With respect to Laguna Hills, no fine revenues are placed in the general fund. Revenues are distributed in accordance with the Agreement Section 14.07 – Regulatory Compliance Fund.
F4. In most jurisdictions, education and outreach is a joint effort between jurisdiction, hauler, and sometimes consultants, with the jurisdiction reviewing the materials before publication. The methods of dissemination vary by jurisdiction and hauler but frequently rely on a resident actively seeking the information, which requires the resident to have some awareness of the new mandates in the first place. Most efforts primarily revolve around intermittent hard-copy paper mailings.
Response: The City of Laguna Hills disagrees partially with the finding.
It is unknown to the City of Laguna Hills how education and outreach is being conducted in other Orange County municipalities. The City of Laguna Hills has an active outreach program to all SB 1383 generators (Residential, Commercial, and Multifamily), and the methods of dissemination, timing, and content of the outreach program are prescribed in Attachment B Section 5 of the new Agreement.
F5. Most jurisdictions currently have no way to accurately determine the effectiveness of their respective education and outreach efforts other than the eventual inspections or audits that will take place.
Response: The City of Laguna Hills disagrees partially with the finding.
The City of Laguna Hills is not aware of how other cities in Orange County our measuring their effectiveness of their education and outreach efforts. However, the City of Laguna Hills’ new Agreement contains detailed reporting requirements, including outreach and education actions, which accurately determines the effectiveness of all respective education and outreach efforts.
Agreement Sections 11.02 and 11.03 and Attachment B.
F6. There is some concern that there are not enough composting facilities in Orange County to process all organic waste, forcing some jurisdictions/haulers to transport it long distances for processing.
Response: The City of Laguna Hills disagrees partially with the finding.
The City of Laguna Hills hauler is currently transporting organic waste out of Orange County for processing. However, the City’s new Agreement has a designated composting facility which is located in South Orange County that takes all organics (Agreement Sections 6.03, 6.04, 6.05, and
6.06).
F7. There is currently no infrastructure in the county that is a State-approved source of Renewable Natural Gas (RNG) and energy from organic waste. Jurisdictions that use vehicles running on RNG procured from non-approved sources cannot count that RNG towards fulfillment of their procurement requirement.
Response: The City of Laguna Hills agrees with the finding.
The City of Laguna Hills notes that there is currently no infrastructure in Orange County that is a State-approved source of Renewable Natural Gas (RNG) and energy from organic waste.
F8. The formula used by the State to calculate a jurisdiction's procurement target does not account for a jurisdiction's population density or geographic size (square miles). As such, meeting the annual procurement target presents a significant challenge for most jurisdictions.
Response: The City of Laguna Hills agrees with the finding.
The current formula for the calculation of procurement requires additional research on the accuracy of the corresponding annual procurement target.
F9. Many Orange County jurisdictions were unable to meet the requirement in SB 1383 to reduce organic waste sent to landfills by the 2020 deadline. It is unlikely the required seventyfive percent reduction will be achieved by the 2025 deadline.
Response: The City of Laguna Hills agrees with the finding.
F10. The current procurement requirements mandated by SB 1383 are unrealistic and likely unachievable by most jurisdictions.
Response: The City of Laguna Hills agrees with the finding.
The current procurement requirements mandated by SB 1383 are challenging for urban Southern California. Unless the marketplace can develop outlets for finished compost, urban areas are likely to face unachievable diversion mandate procurement requirements.
Recommendations:
R1. All jurisdictions should expedite the acquisition and distribution of residential containers that meet the CalRecycle standardized colors. Additionally, until the compliant containers can be distributed, all jurisdictions should ensure the distribution of labeling for non-compliant containers that explain the current SB 1383 requirements applicable to their jurisdiction by June 30, 2025.
Response: The recommendation has been implemented.
The City of Laguna Hills recently issued a joint RFP for waste and recycling services. The new franchise (“Agreement”) was awarded in June 2024 and the start date is July 1, 2025. The new Agreement requires the provision of new containers that are fully compliant with SB 1383 in terms of color and labeling requirements.
R2. By December 31, 2024, all jurisdictions should ensure their waste hauling agreements are in compliance with State statute so that haulers may be designated to perform certain required tasks but are not improperly delegated overall responsibility for compliance. Additionally, all jurisdictions should ensure that any fines collected by a hauler are forwarded to the jurisdiction.
Response: The recommendation has been implemented.
The City of Laguna Hills adopted its SB 1383 enforcement ordinance in 2021. City staff will issue notices of violations and collect any fines for SB 1383 related violations. Additionally, the new Agreement is in compliance with State statutes.
R3. The OCGJ recommends that all jurisdictions utilize a dedicated waste and recycling enterprise fund for collection of fines for non-compliance with SB 1383 by December 31, 2024.
Response: The recommendation has been implemented.
The City of Laguna Hills agrees with utilizing a dedicated waste and recycling fund and as noted in F3 above has established a separate Regulatory Compliance Fund.
R4. By December 31, 2024, all jurisdictions should diversify the methods and media used for education and outreach to include, among others, various social media platforms, emails to residents, newspaper, television, flyer mailings, community events, and appearances at other public gatherings.
Response: The recommendation has been implemented.
The City of Laguna Hills currently diversifies its methods of outreach including periodic Organic Waste Town Hall meetings. As mentioned in F4 above, the new Agreement includes a robust outreach program.
R5. By December 31, 2024, and in order to gauge the effectiveness of their education and outreach efforts, all jurisdictions should develop new methods to engage residents directly to help determine their awareness of the requirements associated with SB 1383, such as surveys, online quizzes, and door-to-door polling.
Response: The recommendation has been implemented.
The City of Laguna Hills, as noted F4 and F5 above, has methods established with the new Agreement to measure and gauge awareness of SB 1383 programs and informational elements.
R6. By June 30, 2025, the OCGJ recommends that all jurisdictions participate in the OCW&Rled efforts to develop a coordinated county-wide approach to the organics recycling infrastructure and programs as well as procurement requirements associated with SB 1383, working towards creating circular economy as a long-term goal.
Response: The recommendation has been implemented.
The City of Laguna Hills supports OCW&R efforts to develop a coordinated county-wide approach for organic waste processing. In the new Agreement, the City of Laguna Hills can direct its hauler to use the OCW&R compost facilities located in OC landfills if so directed.
R7. By December 31, 2024, the Orange County Board of Supervisors and all Orange County cities should lobby appropriate members of the State Legislator and/or CalRecycle to revise the organic waste diversion targets to better reflect Orange County’s waste amounts, revise the jurisdiction’s’ procurement requirements to better represent the limited options currently available for procurement, the jurisdictions’ varying populations, population densities, and geographic size, and to delay associated enforcement actions by the State.
Response: The recommendation has not yet been implemented, but will be implemented in the future.
The City of Laguna Hills is supportive of lobby efforts to revise certain SB 1383 regulations as stated above. These efforts should be coordinated at the county level and the City of Laguna Hills plans on discussing this with the county by December 31, 2024.
If you have any questions or would like any additional information, please contact Jarad Hildenbrand, City Manager, at (949) 707-2685 or [email protected].
Sincerely,
Dave Wheeler
Mayor
cc: Orange County Grand Jury
700 Civic Center Drive West
Santa Ana, CA 92701
Item No. 4.12
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: August 27, 2024
To: Mayor and Council Members
From: Joe Ames, Public Works Director/City Engineer
Issue: Rejection of Bid Proposals for Laguna Hills Civic Center Suite 205 Tenant Improvements Project, CIP No. 505-B
Recommendation: That the City Council reject all bid proposals received for the Laguna Hills Civic Center Suite 205 Tenant Improvements Project, CIP No. 505-B.
Background:
On May 14, 2024, City Council authorized City staff to advertise for construction bids to build out Suite 205 as general office use space.
Bids were opened June 20, 2024, with the following results:
Bidder Bid Amount
Triangle Decon Services, Inc.** $215,000.00
First Trade LLC dba YMC $289,000.00
Deeb Construction, Inc.** $495,500.00
MBC Enterprises, Inc. $898,083.20
** Addendum No. 1 not acknowledged (unresponsive bid).
However, during the bidding process in June, Essex Realty Management, Inc., received an offer from a new orthodontic practice, Layla Fijany DDS MS Corp, for the lease of Suite 205. The proposed lease includes the provision that the lessee will construct most of the tenant improvements, while the lessor (the City) will provide rough plumbing, electrical, and HVAC. On July 9, 2024, City Council approved the lease and authorized the City Manager to make minor modifications to and negotiate the final terms of the lease agreement. City staff believe the lease will be signed soon.
Item No. 4.12
Therefore, City staff recommends the rejection of all bid proposals.
CEQA Findings:
This action is not a "Project" as defined under Section 15378 of the California Environmental Quality Act State Guidelines; therefore, pursuant to State Guidelines Section 15060(c)(3) no environmental review is required.
Fiscal Impact:
Approval of City staff's recommendation does not result in a fiscal impact on the City.
Attachments:
None
Item No. 4.13
City of Laguna Hills
City Council / Planning Agency
Staff Report
Date: August 27, 2024
To: Mayor and Council Members
From: Joe Ames, Public Works Director/City Engineer
Issue: Authority to Advertise Arterial Highway Rehabilitation Project – Paseo de Valencia and La Paz Road, CIP 104 and 109, and Curb Ramp Replacement Project – Alicia Parkway
Recommendation: That the City Council: 1) Approve the plans and specifications for the Arterial Highway Rehabilitation Project – Paseo de Valencia and La Paz Road, CIP 104 and 109, and Curb Ramp Replacement Project – Alicia Parkway; 2) Authorize the advertisement for bids for the Arterial Highway Rehabilitation Project – Paseo de Valencia and La Paz Road, CIP 104 and 109, and Curb Ramp Replacement Project – Alicia Parkway; 3) Authorize the City Engineer to make edits to the plans and specifications as necessary; 4) Find that environmental review is not required under the California Environmental Quality Act (CEQA) pursuant to the California Code of Regulations, Title 14, Chapter 3, Section 15301 as a Class 1 Categorical Exemption - “Existing Facilities.” Background:
During the biennial budget approval process in June 2023, funds were allocated for the pavement rehabilitation of Paseo de Valencia between Alicia Parkway and Avenida de la Carlota, CIP 104, and La Paz Road between Alameda Avenue and State Route 73/West City limits, CIP No. 109.
The most recently adopted 2024 Pavement Management Plan, as well as several past Pavement Management Plans, identified most of the street pavement on Paseo de Valencia between Alicia Parkway and El Toro Road as having the lowest pavement condition index (PCI) rating in the City. Therefore, during City Council’s budget approval process in June 2023, City staff proposed to defer the next biennial Citywide Pavement Rehabilitation Project, CIP 101-M, which focuses on residential street pavement
Item No. 4.13
resurfacing, in favor of using the funds to repave Paseo de Valencia, CIP 104. Funds were also allocated for the repaving of La Paz Road between Alameda Avenue and SR73/West City limits as part of CIP 109.
Since then, City staff obtained $275,000 in Community Development Block Grant funding for the replacement of non-compliant curb ramps on Paseo de Valencia between Alicia Parkway and Avenida de la Carlota, and on Alicia Parkway between Moulton Parkway and Paseo de Valencia. City staff also secured $200,000 in State-only funds related to the Coronavirus Response and Relief Supplemental Appropriations Act of 2021 (CRRSAA).
Therefore, this project includes:
• The pavement rehabilitation of Paseo de Valencia between Alicia Parkway and Avenida de la Carlota, CIP 104; and
• The pavement rehabilitation of La Paz Road between Alameda Avenue and State Route 73/West City limits, CIP No. 109;
• The replacement of entire or portions of curb ramps on Paseo de Valencia between Alicia Parkway and Avenida de la Carlota, and on Alicia Parkway between Moulton Parkway and Paseo de Valencia.
City staff decided that combining all three “sub-projects” as one larger project would provide for better contracting efficiency and cost-effectiveness.
Prior to and during the design of the project, City staff identified other issues which should be included in CIP Nos. 104 and 109:
• Addressing deficient median curb heights on portions of Paseo de Valencia from Laguna Hills Drive to El Toro Road; and
• Eliminating the sag vertical curve on La Paz Road between Alameda Avenue and Moulton Parkway near the trail undercrossing. (This sag vertical curve has been described in past Council meetings as the “whoop-dee-do.”) City staff propose to address the deficient median curb height by reconstructing the median curb to increase the height and to address the sag vertical curve by using an innovative polymer injection technique to raise the pavement surface as a single day process.
With these additional improvements included and based on the latest concrete and
Item No. 4.13
asphalt prices which have risen at least 50% in the past three years, City staff discovered that the probable construction cost for the work is estimated to be $5,000,000. As a result, City staff created a bid alternative which would allow the City to delete the paving of Paseo de Valencia between El Toro Road and Avenida de la Carlota from the scope of work that may save up to $500,000 in construction costs. However, given the deleterious state of all, City staff believe it is prudent to bid out the project asis and review the bids once received.
Therefore, the bid documents for the subject project, including the plans, specifications, contract and bid proposal form, have been prepared and are included as an attachment to this report. It is recommended that the City Council approve the plans and specifications for this project, approve the advertisement for bids, authorize the City Engineer to make edits to the plans and specifications as necessary; and find the project not subject to environmental review under the California Environmental Quality Act (CEQA).
City staff anticipates returning to City Council on October 8, 2024, with a recommendation for the award of the contract. If approved, construction would begin in late October and continue through early December, weather permitting.
CEQA Findings:
The operation and maintenance of existing highways and streets is categorically exempt under the California Environmental Quality Act pursuant to Section 15301(c) of the CEQA Guidelines, Cal. Code of Regs, Title 14, Chapter 3.
Fiscal Impact:
The construction cost estimate for the project is $5,000,000. Upon recognition of the $200,000 CRRSAA State-only funds, the current available combined budget for CIP 104 and 109 is approximately $2,748,000. At this time, prior to receipt of bids, City staff anticipates a budget shortfall of $2,252,000, which would likely come from General Fund reserves. However, as stated above, a bid alternative was developed for the Paseo de Valencia paving work, which would allow the City to delete the paving of Paseo de Valencia between El Toro Road and Avenida de la Carlota from the scope of work that may save up to $500,000 in construction costs.
Item No. 4.13
Attachments:
1. Specifications and Bid Documents
2. Paseo de Valencia Pavement Rehabilitation Plans
3. La Paz Pavement Rehabilitation Plans
4. Alicia Parkway Curb Ramp Replacements
LH Public Works 6909-0006-0000-2023
Master Template Public Works Contract
1774061.2
CITY OF LAGUNA HILLS
CALIFORNIA
PUBLIC WORKS PLANS
AND SPECIFICATIONS FOR
ARTERIAL PAVEMENT REHABILITATION PROJECT -
PASEO DE VALENCIA & LA PAZ ROAD, CIP 104 & 109
AND
CURB RAMP REPLACEMENT PROJECT -
ALICIA PARKWAY
PREPARED BY
CITY OF LAGUNA HILLS
24035 EL TORO ROAD
LAGUNA HILLS, CA 92653
August 13, 2024
LH 6909-01/2023
1774061.2
CITY OF LAGUNA HILLS
SPECIFICATIONS FOR
ARTERIAL PAVEMENT REHABILITATION PROJECT –
PASEO DE VALENCIA & LA PAZ ROAD, CIP 104 &109
AND
CURB RAMP REPLACEMENT PROJECT - ALICIA PARKWAY
Approved By:
Joseph J. Ames, City Engineer Date
R.C.E. No. 66999
Expiration Date 9/30/2024
1774061.2 i LH 6909-01/2023
CITY OF LAGUNA HILLS
TABLE OF CONTENTS
FOR
ARTERIAL PAVEMENT REHABILITATION PROJECT –
PASEO DE VALENCIA & LA PAZ ROAD, CIP 104 & 109
AND
CURB RAMP REPLACEMENT PROJECT - ALICIA PARKWAY
NOTICE INVITING SEALED BIDS........................................................................................NB-1 INSTRUCTIONS TO BIDDERS ............................................................................................. IB-1
PROPOSAL DOCUMENTS
Proposal..................................................................................................................................P-1 Bidders Information.................................................................................................................P-3 List of Subcontractors .............................................................................................................P-4 References .............................................................................................................................P-5 Contractor’s Licensing Statement............................................................................................P-6 Bid Bond .................................................................................................................................P-7 Non-Collusion Affidavit............................................................................................................P-9 Proposal Bid Sheets .............................................................................................................. P10 Bidder’s Certification of Acknowledgement of Compliance With Insurance ........................... P-17 Buy America Requirements...................................................................................................P-25
CONTRACT DOCUMENTS
Contract Agreement..............................................................................................................CA-1 Faithful Performance Bond....................................................................................................CA-5 Labornad Material Bond........................................................................................................CA-7 Compensation Insurance Certificate .....................................................................................CA-9
GENERAL SPECIFICATIONS
Scope of Work ..................................................................................................................... GS-1 Location of Work.................................................................................................................. GS-1 Time of Completion.............................................................................................................. GS-1 Traffic Requirements............................................................................................................ GS-1 Utility Requirements............................................................................................................. GS-1 Flow and Acceptance of Water ............................................................................................ GS-3 Removal of Water ................................................................................................................ GS-3 Standard Specifications ....................................................................................................... GS-3 Resolution of Construction Claims ....................................................................................... GS-6
SPECIAL PROVISIONS
PART 1 - GENERAL PROVISIONS ......................................................................................SP-1 PART 2 - CONSTRUCTION MATERIALS...........................................................................SP-28 PART 3 - CONSTRUCTION METHODS ............................................................................SP-33 PART 4 - EXISTING IMPROVEMENTS .............................................................................SP-58 PART 7 – STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS ...................................SP-64
APPENDICES
Water Pollution Control Plan Template .......................................................................Appendix A Applicable Standard Plans ..........................................................................................Appendix B Aliso Viejo Encroachment Permit Application............................................................. Appendix C Reserved ................................................................................................................... Appendix D Reserved ...................................................................................................................Appendix E Federal Wage Rate Determinations ............................................................................Appendix F Uretek Quote for Roadway Levelling..........................................................................Appendix G Project Plans............................................................................................... Separate Documents
1774061.2 NB-1 LH 6909-01/2023
CITY OF LAGUNA HILLS
NOTICE INVITING BIDS FOR CONSTRUCTION OF
ARTERIAL PAVEMENT REHABILITATION PROJECT - PASEO DE VALENCIA & LA PAZ ROAD, CIP 104 & 109
AND
CURB RAMP REPLACEMENT PROJECT - ALICIA PARKWAY
NOTICE IS HEREBY GIVEN that sealed bids for the ARTERIAL PAVEMENT REHABILITATION PROJECT - PASEO DE VALENCIA & LA PAZ ROAD, CIP 104 & 109, AND CURB RAMP REPLACEMENT PROJECT - ALICIA PARKWAY (“Project”) in the City of Laguna Hills will be received at the Office of the City Engineer of the 24035 El Toro Road, Laguna Hills, until 2:00 p.m. on Monday, September 30, 2024, at which time they will be publicly opened and read aloud.
DESCRIPTION OF THE WORK: In general, the work is comprised of public works construction including unclassified excavation, asphalt grinding, asphalt concrete pavement repairs, cold planing, crack sealing, asphalt concrete overlay, removal and replacement of concrete sidewalk, curb ramps, and curb and gutter, adjusting or raising manholes and water valves to grade, striping, and other miscellaneous improvements as shown on the plans and as required to complete the work.
Most curb ramp improvements on this Project will be paid using Community Development Block Grant funding. Therefore, the City of Laguna Hills is requesting bids from qualified bidders – including Minority Business Enterprise (MBE), Women Business Enterprise (WBE), Disadvantaged Business Enterprise (DBE), Disabled Veterans Business Enterprise (DVBE), Small Business Enterprise (SBE) and Section 3 license contractors and suppliers.
AWARD OF CONTRACT: The City reserves the right after opening bids to reject any or all bids, to waive any informality (non-responsiveness) in a bid, or to make award to the lowest responsive, responsible bidder, and reject all other bids, as it may best serve the interest of the City. Within three (3) business days of bid opening, contractor must submit a revised bid bond with numerical dollar values, both in words and with digits of bid amount. Within five (5) working days after the date of the Notice of Apparent Low Bidder, the successful bidder will be required to submit required Contract Agreement and Insurance.
Within ten (10) working days after the date of the Notice of Award, the successful bidder will be required to submit Bonds (Faithful Performance and Material and Labor), Construction Schedule, Traffic Control Plan, and Water Pollution Control Plan.
CONTRACTOR’S LICENSE CLASSIFICATION: The Contractor shall possess a valid Class A Contractor’s License, or a combination of Class C Contractor's Licenses as necessary to perform the work, at the time of submitting bids, in accordance with provisions of Chapter 9, Division III of the California Business and Professions Code.
WAGE RATE REQUIREMENTS: The wage rates applicable to this Project are the State of California Department of Industrial Relations prevailing rates of per diem wages and the U.S. Davis-Bacon Wage Rates for Federally-Funded Projects. Not less than higher of the State or Federal prevailing wage rates shall be paid for work on this Project.
In accordance with the provisions of Sections 1773.2 of the California Labor Code, copies of the general prevailing rate of per diem wages as determined by the State Director of Industrial Relations are available at City Hall, which shall be made available to any interested party upon request, or on the Internet at the State Department of Industrial Relations website (www.dir.ca.gov) under Statistics and Research. It shall be mandatory upon the Contractor to whom the contract is awarded and upon any subcontractor to pay not less than said specified rates to all workers employed by them in the execution of the contract. A copy of said rates shall be posted at each job site during the course of construction. The Contractor and all subcontractors shall comply with all provisions of the California Labor Code relating to prevailing wage rates, including Sections 1770–1781.
1774061.2 NB-2 LH 6909-01/2023
This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Department of Industrial Relations shall monitor and enforce compliance with applicable prevailing wage requirements for the contract. The reporting requirements may be found at https://www.dir.ca.gov/Public-Works/Contractors.html. The Contractor is responsible for complying with all requirements of the Department of Industrial Relations, including filing electronic payroll reports.
A contractor or subcontractor will not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded.
Due to Community Development Block Grant fuding, this is a Federally-assisted construction contract. Prevailing wage requirements of the Davis-Bacon Act and related requirements, will be enforced. The Federal wage rates are attached as Appendix F and can be found at the Department of Labor’s website: https://www.wdol.gov. The final contract package signed by the City and the Contractor will contain the most updated the federal wage rates.
RETAINAGE FROM PAYMENTS: The Contractor may elect to receive 100 percent of payments due under the Contract Documents from time to time, without retention of any portion of the payments by the City, by depositing securities of equivalent value with the City in accordance with the provisions of Section 22300 of the Public Contract Code. If the Contractor chooses not to exercise its rights under Public Contract Code Section 22300, the full five percent (5%) retention will be deducted from all payments.
The final retention will be authorized for payment thirty-five (35) days after the date of recordation of the Notice of Completion, if no stop notices have been filed. The City may withhold from release of the final retention amounts authorized under Public Contracts Code Section 7107 and/or 125% of amounts identified in any Stop Notices received by the City.
OBTAINING OR INSPECTING CONTRACT DOCUMENTS: Contract Documents may be inspected without charge at the Public Works Department, City Hall, 24035 El Toro Road, Laguna Hills, California 92653. Contract Documents are available in portable document form (PDF) on the City’s website https://lagunahillsca.gov/bids.aspx. It is the contractor’s responsibility to ensure they are on the City’s Plan Holder’s List and they obtain any addendums or clarifications that are issued by the City on the City’s website prior to submitting a bid. For any questions regarding acquisition of Contract Documents, contact Julie Comella at [email protected].
Dated this 28th day of August 2024. City of Laguna Hills, California BY _____________________________
JENNIFER LEE, CMC, CITY CLERK
Published: Saddleback Valley News 24035 El Toro Road
Laguna Hills, CA 92653
1774061.2 IB-1 LH 6909-01/2023
CITY OF LAGUNA HILLS
INSTRUCTIONS TO BIDDERS
FOR
ARTERIAL PAVEMENT REHABILITATION PROJECT –
PASEO DE VALENCIA & LA PAZ ROAD, CIP 104 & 109
AND
CURB RAMP REPLACEMENT PROJECT - ALICIA PARKWAY
1. PROPOSAL FORMS
Bids shall be submitted in writing on the Proposal forms provided by the City of Laguna Hills (hereinafter “CITY” or “City”). All blank spaces in the bid forms must be correctly filled in and all information requested therein must be clearly and legibly set forth in the manner and form indicated. All spaces for bid prices and lump sum price for which the bid is made, must be filled in, in both words and figures. All prices and notations must be in ink or typewritten. No erasures will be permitted. Mistakes may be crossed out and corrections typed or written in ink adjacent thereto and must be initialed by the person or persons signing the bid. Bidder acknowledges and agrees that by failing to complete the bid forms in their entirety, as set forth above, the CITY may find the bidder’s entire bid non-responsive and may cause the rejection of the bidder’s proposal at the discretion of the CITY.
2. PROPOSAL GUARANTEE (BID BOND)
In accordance with Public Contract Code Section 20170, proposals must be accompanied by a proposal guarantee consisting of either cash, a cashier’s check, a certified check or bid bond payable to the CITY in the minimum amount of ten percent (10%) of the total amount bid. Any proposal not accompanied by such a guarantee will not be considered. IF A BIDDER TO
WHOM A CONTRACT IS AWARDED FAILS OR REFUSES TO EXECUTE THE CONTRACT
DOCUMENTS OR FURNISH THE REQUIRED INSURANCE POLICIES AND BONDS AS
SET FORTH IN THOSE DOCUMENTS, THE PROPOSAL GUARANTEE SHALL BE FORFEITED TO THE CITY. The proposal guarantees of all bidders will be held until the successful bidder has properly executed all Contract Documents.
3. NON-COLLUSION AFFIDAVIT
Bidder shall declare that the only persons or parties interested in the proposal as principals are those named therein; that no officer, agent, or employee of the CITY is personally interested, directly or indirectly, in the proposal; that the proposal is made without connection to any other individual, firm, or corporation making a bid for the same work; and that the proposal is in all respects fair and without collusion or fraud. The Non-Collusion Affidavit shall be executed and submitted with the proposal.
4. PROPOSAL BID SHEET
Bidders shall give unit prices for each and all of the items set forth. No aggregate bids will be considered. The bidder shall set forth for each item of work, in clearly legible figures, a unit item price and a total for the item in the respective spaces provided for this purpose. The quantities listed in the Bid sheets are supplied to give an indication of the general scope of work, but the accuracy of figures is not guaranteed and the bidder shall make his own
1774061.2 IB-2 LH 6909-01/2023
estimates from the drawings. In case of a variation between the unit price and the totals shown by the bidder, the unit price will be considered to be the bid.
5. DELIVERY OF PROPOSAL
Proposals may be mailed or delivered by messenger. However, it is the bidder's responsibility alone to ensure delivery of the proposal to the hands of the CITY's designated official prior to the bid opening time deadline set forth in the "Notice Inviting Sealed Bids." Late proposals will not be considered and will be returned to the bidder unopened. Proposals shall be enclosed in a sealed envelope plainly marked on the outside, "ARTERIAL PAVEMENT REHABILITATION PROJECT - PASEO DE VALENCIA & LA PAZ ROAD, CIP 104 & 109, AND CURB RAMP REPLACEMENT PROJECT - ALICIA PARKWAY” PROJECT- DO NOT OPEN WITH REGULAR MAIL."
6. WITHDRAWAL OF PROPOSALS
A proposal may be withdrawn by a written request signed by the bidder. Such requests must be delivered to the CITY's designated official prior to the bid-opening time deadline set forth in the "Notice Inviting Sealed Bids". The withdrawal of a proposal will not prejudice the right of the bidder to submit a new proposal, provided there is time remaining to do so. Proposals may not be withdrawn after the bid opening without forfeiture of the proposal guarantee, ex except as authorized by state law
7. NONRESPONSIVE PROPOSALS
Unauthorized conditions, limitations, or provisions attached to a proposal will render it nonresponsive and may cause its rejection. The completed proposal forms shall be without inter-lineation, alterations, or erasures. Alternative proposals will not be considered unless specifically requested. No oral, telegraphic, or telephonic proposal, modification, or withdrawal will be considered.
8. TAXES
No mention shall be made in the proposal of Sales Tax, Use Tax, or any other tax, as all amounts bid will be deemed and held to include any such taxes that may be applicable. Bidder acknowledges and agrees that CITY shall not be responsible for the payment of any increase in Sales Tax, Use Tax, or any other tax that takes effect after award.
9. DISQUALIFICATION OF BIDDERS
In the event that any bidder acting as a prime contractor has an interest in more than one proposal, all such proposals will be rejected, and the bidder will be disqualified. This restriction does not apply to subcontractors or suppliers who may submit quotations to more than one bidder.
No contract will be executed unless the bidder is licensed in accordance with the provisions of the Business and Professions Code.
10. INTERPRETATION OF PLANS AND DOCUMENTS
1774061.2 IB-3 LH 6909-01/2023
If any person contemplates submission of a bid for the proposed contract and is in doubt as to the true meaning of any part of the plans, specifications or other proposed contract documents, or finds discrepancies in, or omissions from, the drawings or specifications, he or she may submit to the City Engineer a written request for an interpretation or correction thereof five (5) working days prior to the scheduled bid opening. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the proposed documents shall be made only by addendum duly issued and copy of such addendum will be mailed or delivered to each person receiving a set of such documents. The City Engineer will not be responsible for any other explanation or interpretations of the proposed documents.
11. ADDENDA OR BULLETINS
The effect of all addenda to the Contract Documents shall be considered in the bid, and said addenda shall be made a part of the Contract Documents and shall be returned with them.
Before submitting a bid, each bidder shall confirm as to whether or not any addenda have been issued, and failure to cover in this bid any such addenda issued, may render bid nonresponsive and may result in its rejection by the CITY.
12. LEGAL RESPONSIBILITIES
All proposals must be submitted, filed, made, and executed in accordance with State and Federal laws relating to bids for contracts of this nature whether the same are expressly referred to herein or not.
Any bidder submitting a proposal shall by such action thereby agree to each and all of the terms, conditions, provisions, and requirements set forth, contemplated, and referred to in the Plans, Specifications, and Contract Documents, and to full compliance therewith.
13. AWARD OF CONTRACT
Following a review of the bids, the CITY shall determine whether to award the contract or to reject all bids. The award of contract, if made, will be to the lowest responsive-responsible bidder as determined solely by the CITY. At the time of contract award, the successful bidder shall hold a Class A Contractor's License, or a combination of Class C Contractor’s License(s), as required to perform the work, issued by the State of California. Additionally, the CITY reserves the right to reject any or all proposals, to accept any bid or portion thereof, to waive any irregularity, and to take the bids under advisement for the period of time stated in the "Notice Inviting Sealed Bids", all as may be required to provide for the best interests of the CITY. In no event will an award be made until all necessary investigations are made as to the responsibility and qualifications of the bidder to whom the award is contemplated.
Within three (3) days of bid opening contractor must submit a revised bid bond with numerical dollar values, both in words and with digits of bid amount. Within five (5) working days after the date of the Notice of Apparent Low Bidder, the successful bidder will be required to submit required Contract Agreement and Insurance. Within ten (10) working days after the date of the Notice of Award, the successful bidder will be required to submit Bonds (Faithful Performance and Material and Labor). Submission of these documents shall be at the Low Bidder’s sole cost and expense and shall not be made reimbursable by City. Award of Contract, if made, shall be solely the determination of the City Council.
1774061.2 IB-4 LH 6909-01/2023
No bidder may withdraw its proposal for a period of forty-five (45) days after the time set for opening thereof. However, the CITY will return all proposal guarantees within ten (10) days after the award of the contract or rejection of the bids, as the case may be, to the respective bidders whose proposals they accompany.
14. PREVAILING WAGE RATES
The wage rates applicable to this Project are the State of California Department of Industrial Relations prevailing rates of per diem wages and the U.S. Davis-Bacon Wage Rates for Federally-Funded Projects. Not less than higher of the State or Federal prevailing wage rates shall be paid for work on this Project.
In accordance with the provisions of Sections 1773.2 of the California Labor Code, copies of the general prevailing rate of per diem wages as determined by the State Director of Industrial Relations are available at City Hall, which shall be made available to any interested party upon request, or on the Internet at the State Department of Industrial Relations website (www.dir.ca.gov) under Statistics and Research.
The Federal Wage Rates are also available at City Hall or on the Internet (https://ppmoe.dot.ca.gov/des/oe/federal-wages/ca35.pdf) and are hereby physically attached, in conformance with the Federal 10-day rule, as a part of the Contract Documents (Appendix F). The Federal wage rate determination applies to Federal-aid contracts and all work performed exceeding $2,000 by subcontracts and subsequent lower-tier subcontracts and are required be physically included in each executed contract. The City’s decision to award a contract is conditioned upon the Bidder’s acceptance of the Federal wage rate determination.
It shall be mandatory upon the Contractor to whom the Contract is awarded and upon any subcontractor to pay not less than said specified rates to all workers employed by them in the execution of the Contract. A copy of said rates shall be posted at each job site during the course of construction. The Contractor and all subcontractors shall comply with all provisions of the California Labor Code relating to prevailing wage rates, including Sections 1770–1781.
This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. The Department of Industrial Relations shall monitor and enforce compliance with applicable prevailing wage requirements for this Agreement. The reporting requirements may be found at https://www.dir.ca.gov/Public-Works/Contractors.html. The Contractor is responsible for complying with all requirements of the Department of Industrial Relations, including filing electronic payroll reports.
A contractor or subcontractor will not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Contractor and its subcontractors shall maintain active registration with the Department of Industrial Relations for the duration of the Project.
1774061.2 IB-5 LH 6909-01/2023
A contractor or subcontractor will not be qualified to bid on, be listed in a bid proposal, subject to Section 6109 of the public Contract Code, or engage in the performance of any contract for public work on a public works project if the contractor or subcontractor is ineligible to perform work pursuant to Section 1777.1 or 1777.7 of the Labor Code.
The CITY will not recognize any claim for additional compensation because of the payment by the Contractor of any wage rate in excess of the prevailing wage rate or the Federal Minimum Wage Rate (whichever is greater) as set forth in the contract. The possibility of wage increases is one of the elements to be considered by the bidder in determining his bid, and will not under any circumstances be considered as the basis of a claim against the CITY on the Contract.
The Contractor and subcontractors shall comply with Section 1777.6 of the Labor Code which stipulates that it shall be unlawful to refuse to accept otherwise qualified employees as registered apprentices on any public works on any basis listed in Government Code Section 12940(a), as those bases are defined in Government Code Sections 12926 and 12926.1, except as provided in Labor Code Section 3077 and Government Code Section 12940.
15. WORKERS’ COMPENSATION CERTIFICATE
Section 3700 of the Labor Code requires that every employer shall secure the payment compensation by either being insured against liability to pay compensation with one or more insurers or by securing a certificate of consent to self-insure from the State Director of Industrial Relations.
In accordance with this section and with Section 1861 of the Labor Code, the Contractor shall sign a Compensation Insurance Certificate which is included with the Contract Agreement, and submit same to CITY along with the other required Contract Documents, prior to performing any work. Reimbursement for this requirement shall be considered as included in the various items of work.
16. CLAYTON ACT AND CARTWRIGHT ACT
In accordance with Section 7103.5 of the Public Contract Code, 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 subcontractor offers and agrees to assign to CITY all rights, and interest in and all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.
Sec. 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 tenders final payment to the Contractor, without further acknowledgment by the parties.
17. SUBLETTING AND SUBCONTRACTING.
Pursuant to the Subletting and Subcontracting Fair Practices Act (commencing with Section 4100 of the Public Contract Code), bidders are required to list in their proposal the name business address, California contractor license number, and public works contractor registration number issued pursuant to Section 1725.5 of the Labor Code of each subcontractor who will perform work or labor or render services in or about the construction of the work or improvement or a subcontractor who specially fabricates and installs a portion
1774061.2 IB-6 LH 6909-01/2023
of the work or improvement according to detailed drawings contained in the Plans and Specifications in excess of 1/2 of 1% of this prime Contractor's total bid or $10,000, whichever is greater. If a subcontractor’s California contractor license number or public works contractor registration number are submitted incorrectly in the bid, it will not be grounds for filing a bid protest or grounds for considering the bid nonresponsive if the corrected subcontractor’s California contractor license number is submitted to CITY within 24 hours after the bid opening If the bidder fails to list a subcontractor for a portion of work or if the bidder lists more than one subcontractor of the same portion of work in excess of 1/2 of 1% of the total bid or $10,000, whichever is greater, the bidder agrees that it is fully qualified to perform that portion of work itself, and that the bidder shall perform that portion of work itself. If after award of the contract, the bidder actually subcontracts that portion of work, except as provided in Public Contract Code Section 4107 or 4109, the bidder shall be subject to the penalties listed in Section 4111 of the Public Contract Code. It is the CITY's intent for the Subletting and Subcontracting Fair Practices Act to apply to all phases of the work.
18. SUBSTITUTION OF SECURITIES
In conformance with Public Contract Code Section 22300, which is incorporated herein by this reference, the Contractor may substitute securities for any monies withheld by the CITY to ensure performance under the Contract or, in the alternative, may request payment of retention earned directly to an escrow agent.
At the request and expense of the Contractor, the Contractor has the option to deposit securities, which have been approved by the CITY, with a State or Federally chartered bank as the escrow agent or require the City to deposit 5% of each progress payment with the escrow agent. Said securities will be used as a substitute for retention earnings required to be withheld by the CITY, pursuant to the construction contract. Said securities shall have no obligation to any other construction contract for substitution of securities in lieu of retention.
When the Contractor deposits the CITY approved securities with the escrow agent, the escrow agent shall notify the CITY within 10 calendar days of the deposit. Said securities shall be evaluated quarterly by the escrow agent to verify the current market value. If the current market value of said securities falls below the required amount, the escrow agent shall notify the Contractor and require additional securities and/or cash to be submitted for CITY approval, and be held in the escrow account to meet the Contractor's obligations. The escrow agent shall hold said securities until such time as the escrow agent receives written notification from the CITY that the Contractor has satisfactorily completed his Contract obligations.
The type of securities deposited and the method of release shall be approved by the City Attorney's office.
If the Contractor chooses not to exercise its rights under Public Contract Code Section 22300, the full five percent (5%) retention will be deducted from all payments. The final retention will be authorized for payment thirty-five (35) days after the date of recordation of the Notice of Completion, if no stop notices have been filed. The CITY may withhold from release of the final retention amounts authorized under Public Contracts Code Section 7107 and/or 125% of amounts identified in any Stop Notices received by the CITY.
19. BID DOCUMENT/PROPOSAL EDITS
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No Proposer shall modify, edit, interlineate or change any portion of the Bid Proposal pages without the Agency’s written issuance of a formal Addenda. Any Proposer that modifies, edits, interlineates or changes the Bid Proposal sheets with unauthorized changes shall be deemed to be a non-responsive Bidder.
20. BUY AMERICA REQUIREMENTS
Attention is directed to the "Buy America" requirements of the Surface Transportation Assistance Act of 1982 (Section 165) and the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) Sections 1041(a) and 1048(a), and the regulations adopted pursuant thereto. In accordance with said law and regulations, all manufacturing processes for steel and iron materials furnished for incorporation into the work on this project shall occur in the United States; with the exception that pig iron and processed, pelletized and reduced iron ore manufactured outside of the United States may be used in the domestic manufacturing process for such steel and iron materials. The application of coatings, such as epoxy coating, galvanizing, painting, and any other coating that protects or enhances the value of such steel or iron materials shall be considered a manufacturing process subject to the "Buy America" requirements.
A Certificate of Compliance, conforming to the provisions in Section 6-1.07, "Certificates of Compliance," of the Standard Specifications, shall be furnished for steel and iron materials.
The certificates, in addition to certifying that the materials comply with the specifications, shall also specifically certify that all manufacturing processes for the materials occurred in the United States, except for the exceptions allowed herein.
The requirements imposed by said law and regulations do not prevent a minimal use of foreign steel and iron materials if the total combined cost of such materials used does not exceed one-tenth of one percent (0.1%) of the total contract cost or $2,500, whichever is greater. The Contractor shall furnish the City with acceptable documentation of the quantity and value of any foreign steel and iron prior to incorporating such materials into the work.
1774061.2 P-1 LH 6909-01/2023
BIDDER'S NAME:
CITY OF LAGUNA HILLS
PROPOSAL
FOR
ARTERIAL PAVEMENT REHABILITATION PROJECT –
PASEO DE VALENCIA & LA PAZ ROAD, CIP 104 & 109
AND
CURB RAMP REPLACEMENT PROJECT - ALICIA PARKWAY
TO CITY OF LAGUNA HILLS, as CITY:
In accordance with CITY's "Notice Inviting Sealed Bids", the undersigned BIDDER hereby proposes to furnish all materials, equipment, tools, labor, and incidentals required for the above stated project as set forth in the Plans, Specifications, and Contract Documents therefore, and to perform all work in the manner and time prescribed therein.
BIDDER declares that this proposal is based upon careful examination of the work site, Plans, Standard Specifications, Notice Inviting Sealed Bids, Instructions to Bidders, Proposal Documents, General Specifications, Special Provisions and Contract Documents. If this proposal is accepted for award, BIDDER agrees to enter into a contract with CITY at the unit and/or lump sum prices set forth in the following Proposal Bid Sheet. BIDDER understands that failure to enter into a contract in the manner and time prescribed will result in forfeiture to CITY of the Bid Security accompanying this proposal.
BIDDER understands that a bid is required for the entire work, that the estimated quantities set forth in the Proposal Bid Sheet are solely for the purpose of comparing bids, and that final compensation under the contract will be based upon the actual quantities of work satisfactorily completed. It is agreed that the unit and/or lump sum prices bid include all appurtenant expenses, taxes, royalties, and fees. In the case of discrepancies in the amounts bid, unit prices shall govern over extended amounts.
BIDDER agrees and acknowledges that it 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 BIDDER will comply with such provisions of that code before the commencement of any work under this Contract, if awarded.
BIDDER certifies that in all previous contracts or subcontracts, all reports which may have been due under the requirements of any CITY, State, or Federal equal employment opportunity orders have been satisfactorily filed, and that no such reports are currently outstanding.
BIDDER declares that the only persons or parties interested in this proposal as principals are those named herein; that no officer, agent, or employee of the CITY is personally interested, directly or indirectly, in this proposal; that this proposal is made without connection to any other individual, firm, or corporation making a bid for the same work; and that this proposal is in all respects fair and without collusion or fraud.
1774061.2 P-2 LH 6909-01/2023
BIDDER certifies that affirmative action has been taken to seek out and consider disadvantaged business enterprises for those portions of the work to be subcontracted, and that such affirmative actions have been carefully documented, that said documentation is open to inspection, and that said affirmative action will remain in effect for the life of any contract awarded hereunder.
Furthermore, BIDDER certifies that affirmative action will be taken to meet all equal employment opportunity requirements of the contract documents.
BIDDER'S NAME: DATE: , 20
BIDDER'S ADDRESS: BY:
(Print Name)
(Signature)
PHONE: ( ) TITLE:
Subscribed and sworn to before me BY: __________________________ this day of , 20 (Print Name)
(Signature of Notary Public) (Signature)
(Attach Jurat) TITLE: _______________________
(SEAL)
1774061.2 P-3 LH 6909-01/2023
BIDDER'S INFORMATION
BIDDER certifies that the following information is true and correct:
Bidder's Name:
Business Address:
Email: Telephone:( )
State Contractor's License No. and Class:
Original Date Issued: Expiration Date:
The following are the names, titles, addresses, and phone numbers of all individuals, firm members, partners, joint ventures, and/or corporate officers having a principal interest in this proposal:
The dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this proposal are as follows:
All current and prior DBA's, alias, and/or fictitious business names for any principal having an interest in this proposal are as follows:
Subscribed and sworn to before me BY: __________________________ this day of , 20 (Print Name)
(Signature of Notary Public) (Signature)
TITLE: _______________________
(SEAL)
1774061.2 P-4 LH 6909-01/2023
BIDDER'S NAME:
LIST OF SUBCONTRACTORS (4100 PUBLIC CONTRACT CODE)
BIDDER proposes to subcontract certain portions of the work, and to procure materials and equipment from suppliers and vendors in excess of ½ of 1% of the total bid amount or ten thousand dollars ($10,000), whichever is greater as follows (add additional pages as necessary) (Bidder must include all requested information):
Subcontractor Name:
Address:
License No. and Class:
DIR Registration No.:
Phone No.: Email:
Percent of Total Contract:
Specific Scope of Work:
Subcontractor Name:
Address:
License No. and Class:
DIR Registration No.:
Phone No.: Email:
Percent of Total Contract:
Specific Scope of Work:
Subcontractor Name:
Address:
License No. and Class:
DIR Registration No.:
Phone No.: Email:
Percent of Total Contract:
Specific Scope of Work:
Subcontractor Name:
Address:
License No. and Class:
DIR Registration No.:
Phone No.: Email:
Percent of Total Contract:
Specific Scope of Work:
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BIDDER'S NAME:
REFERENCES
The BIDDER shall provide the names, addresses, phone numbers, and e-mail addresses of three (3) references for which BIDDER has performed similar work within the past three years, with at least two (2) references being public agencies. Failure of the BIDDER to list the required references in the bid proposal, or the subsequent inability of the CITY to verify any provided references, shall result in the BIDDER being deemed non-responsive.
Agency Name:
Address:
Phone No.: Contact:
Description of Work:
Agency Name:
Address:
Phone No.: Contact:
Description of Work:
Agency Name:
Address:
Phone No.: Contact:
Description of Work:
DESIGNATION OF SURETIES
The following are the names, addresses, and phone numbers for all brokers and sureties from whom BIDDER intends to procure insurance and bonds:
Name:
Address:
Phone No.: Contact:
Name:
Address:
Phone No.: Contact:
Name:
Address:
Phone No.: Contact:
Name:
Address:
Phone No.: Contact:
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CONTRACTOR'S LICENSING STATEMENT
BIDDER certifies that the following is true and correct. The undersigned is licensed in accordance with the laws of the State of California providing for the registration of Contractors.
Contractor's License Number:
DIR Registration No.:
Name of Individual Contractor (Print or type):
Signature of Owner(s):
Business Address:
or
Name of Company:
Business Address:
Officers:
Name: Title:
Name: Title:
Name: Title:
or
Name of Corporation:
Business Address:
Corporation organized under the laws of the State of:
Name of President of Corp./ Company Name of Secretary of Corp./ Company Subscribed and sworn to before me BY: __________________________ this day of , 20 (Print Name)
(Signature of Notary Public) (Signature)
TITLE: _______________________
(SEAL)
1774061.2 P-7 LH 6909-01/2023
BID BOND (Page 1 of 2) Bond Amount $
Bond Number
BIDDER’S BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, (the “Principal”) has submitted a
bid (the “Bid”) to the City of Laguna Hills, California (the “City”) for construction of the (the “Work”), as specifically set
forth in documents entitled ,
Dated: , 20 (the “Specifications”).
AND WHEREAS, the Principal is required to provide bidder’s security in an amount equal to at least ten percent (10%) of the amount of the Bid and has chosen to satisfy this obligation by providing this bond.
NOW, THEREFORE, we, the Principal, and (the
“Surety”), an admitted surety insurer in the State of California, are held firmly bound unto the City of Laguna Hills in the sum of and /100
DOLLARS ($ ), lawful money of
the United States of America, for the payment of which sum, well and truly be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents, this amount being ten percent (10%) of the total amount of the Bid.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT:
1. If (a) the City accepts the Bid and awards the Principal a contract for the Work, and (b) within the time and manner required under the Specifications or by law, after the prescribed forms are presented to the Principal for signature, the Principal executes a written contract for construction of the Work in accordance with the Bid and delivers the required faithful performance and payment bonds and insurance policies, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
2. The Surety, for value received, hereby stipulates and agrees that the obligation of said Surety and its bond shall be in no way impaired or affected by any extension of the time within (NAME OF BIDDER)
(NAME OF PROJECT AND/OR DESCRIPTION OF WORK)
(TITLE OF BID PACKAGE)
(NAME OF SURETY)
1774061.2 P-8 LH 6909-01/2023
BID BOND (Page 2 of 2) Bond Amount $
Bond Number
which the City may accept such Bid; and said Surety does hereby waive notice of any such extension.
3. In the event suit is brought upon this bond by the City and judgment is recovered, as part of the obligation secured hereby and in addition to the face amount specified in this bond, the Surety shall pay all costs incurred by the City in such suit, including reasonable attorneys’ fees to be fixed by the court.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named on the day of , 20 .
PRINCIPAL: SURETY:
(Principal Name) (Seal) (Surety Name) (Seal)
By: By:
(Signature) (Signature)
(Print Name and Title) (Print Name and Title)
By: By:
(Signature) (Signature)
(Print Name and Title) (Print Name and Title)
Principal Address and Telephone: Surety Address and Telephone:
Affix Corporate Seals
Attach Notary Acknowledgments for All Signatures
Attach Power-of-Attorney if Executed by Attorney-in-Fact
1774061.2 P-9 LH 6909-01/2023
BIDDER'S NAME:
NON-COLLUSION AFFIDAVIT TO BE EXECUTED
BY BIDDER AND SUBMITTED WITH BID
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF LAGUNA HILLS )
In conformance with Public Contract Code Section 7106, the party making the foregoing bid declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that such bid is genuine and not collusive or sham; that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
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].”
Signed: ______________________
Title
Subscribed and sworn to before me
this day of , 20 .
___________________________________
Signature of Notary Public
(SEAL)
1774061.2 P-10 LH 6909-01/2023
CITY OF LAGUNA HILLS
PROPOSAL BID SHEETS
FOR
ARTERIAL PAVEMENT REHABILITATION PROJECT –
PASEO DE VALENCIA & LA PAZ ROAD, CIP 104 & 109
AND
CURB RAMP REPLACEMENT PROJECT - ALICIA PARKWAY
ITEMS APPLICABLE TO THE ENTIRE PROJECT
BASE BID NO. 1:
BID ITEMS 1 through 5:
Item Description
Est.
Quantity Units
Unit
Price
Total
Cost
1 Project Mobilization,
Demobilization, and Cleanup (Not
to Exceed 5% of Construciton
Costs)
1 LS
2 Surveying and Monument
Preservation*
1 LS
3 Prepare and Implement Water
Pollution Control Plan
1 LS
4 Changeable Message Board
Rental including Programming**
500 PER
UNIT
PER
DAY
5 Public Improvement Project Sign 2 EA
*See Section 3-10.3, Section 309, and Section 400-2 of the Special Provisions **CONTRACTOR shall make up to 10 electronic programmable message boards meeting the Specifications for use on this job and shall program messages on the boards at the direction of the ENGINEER. Each message board rental shall be paid on a per day basis up to 50 days (i.e. 10 message boards x 50 days = 500 days). CONTRACTOR shall honor unit prices regardless of the number of boards and days used.
SUBTOTAL IN FIGURES:
(BASE BID NO. 1, ITEMS 1-5)....................................................... $ CIP 104: ARTERIAL PAVEMENT REHABILITATION PROJECT:
PASEO DE VALENCIA – ALICIA PARKWAY TO EL TORO ROAD
BASE BID NO. 2:
BID ITEMS 6 through 30:
Item Description
Est.
Quantity Units
Unit
Price
Total
Cost
6 Unclassified Excavation – Existing
PCC Curb, Gutters, Ramps,
Spandrels
1,400 CY
7 Cold Mill Existing AC Pavement 2”
Depth
250,000 SF
1774061.2 P-11 LH 6909-01/2023
8 Variable Cold Mill Existing AC
Pavement 0” to 2”
100,000 SF
9 Remove and Replace AC
Pavement – 6” Depth
(City Inspector to Mark Out Actual
Limits)
30,000 SF
10 Construct 2” FRAC Overlay 11,000 TON
11 Weed Abatement and Crack Seal 1 LS
12 6” CMB 2,200 TON
13 Construct PCC Curb – 8” Curb
Face
11,000 LF
14 Construct PCC Curb & Gutter – 8”
Curb Face
500 LF
15 Construct PCC Curb – 6” Curb
Face
350 LF
16 Construct PCC Stamped &
Colored Concrete – 4” Depth
1,600 SF
17 Construct PCC Sidewalk – 4”
Depth
6,000 SF
18 Construct PCC Curb Ramp with
Truncated Domes per Plan**
21 EA
19 Remove and Replace Existing
Blue Truncated Dome Tiles with
Yellow Truncated Dome Tiles –
Per Location**
17 EA
20 Adjust Pull Box to Grade 50 EA
21 Double Adjust Manhole Frame
and Cover to Finished Grade
(Storm Drain or Sewer)
40 EA
22 Adjust Water Valves to Grade 70 EA
23 Adjust Survey Monument Well
Frame & Cover to Grade
25 EA
24 Clearing and Grubbing 1 LS
25 Median Dirt Import 300 CY
26 Adjust Median Irrigation to Grade
and/or Repair
1 LS
27 Traffic Signal Loops – Type E 135 EA
28 Traffic Signal Loops – Type F 60 EA
29 Traffic Control 1 LS
30 Signing and Striping 1 LS
** Bidder shall make every effort to attract DBE, WDBE, etc. to work on this portion of the work.
SUBTOTAL IN FIGURES:
(BASE BID NO. 2 ITEMS 6-30) ...................................................... $
1774061.2 P-12 LH 6909-01/2023
ALTERNATE BID TO ITEM 10 IN BASE BID NO. 2:
Item Description
Est.
Quantity Units
Unit
Price
Total
Cost
A-1 Construct 2” ARHM Overlay 11,000 TON
A-2 Subtract Unit Price/Provide Credit
from Deleting Item No. 10,
Construct 2” FRAC Overlay, from
Bid Schedule (Unit Price and Item
Cost must match Item No. 10 in
Base Bid No. 1 Schedule)
(11,000) TON ( ) ( )
SUBTOTAL IN FIGURES:
(ALTERNATE BID TO ITEM 10 IN BASE BID NO. 2) .................... $ ADDITIVE BID TO BASE BID NO. 2:
BID ITEMS AB-1 through AB-13:
Item Description
Est.
Quantity Units
Unit
Price
Total
Cost
AB-1 Cold Mill Existing AC Pavement 2”
Depth
23,000 SF
AB-2 Variable Cold Mill Existing AC
Pavement 0” to 2”
15,000 SF
AB-3 Remove and Replace AC
Pavement – 6” Depth
12,000 SF
AB-4 Construct 2” FRAC Overlay 1,250 TON
AB-5 Double Adjust Manhole Frame
and Cover to Finished Grade
2 EA
AB-6 Adjust Survey Monument Well
Frame & Cover to Grade
3 EA
AB-7 Adjust Water Valves to Grade 10 EA
AB-8 Traffic Signal Loops – Type E 10 EA
AB-9 Traffic Signal Loops – Type F 6 EA
AB10Signing and Striping 1 LS
AB11Traffic Control 1 LS
AB12Prepare Traffic Control Plan and
Obtain Approval from Caltrans
1 LS
AB13Preparing and Obtaining Caltrans
Encroachment Permit, including
payment of fees
1 LS
SUBTOTAL IN FIGURES:
(ADDITIVE BID TO BASE BID NO. 2) ............................................... $
1774061.2 P-13 LH 6909-01/2023
ALTERNATE BID TO ITEM NO. AB-4:
Item Description
Est.
Quantity Units
Unit
Price
Total
Cost
A-3 Construct 2” ARHM Overlay 1,250 TON
A-4 Subtract Unit Price/Provide Credit
from Deleting Item No. AB-4,
Construct 2” FRAC Overlay, from
Bid Schedule (Unit Price and Item
Cost must match Item No. AB-4 in
Additive Bid Schedule)
(1,250) TON ( ) ( )
SUBTOTAL IN FIGURES:
(ALTERNATE BID TO ADDITIVE BID, ITEM NO. AB-4) ................ $ CIP 109: ARTERIAL PAVEMENT REHABILITATION PROJECT:
LA PAZ ROAD – WEST CITY LIMIT/SR-73 TO ALAMEDA AVENUE
BASE BID NO. 3:
BID ITEMS 31 through 52
Item Description
Est.
Quantity Units
Unit
Price
Total
Cost
31 Cold Mill Existing AC Pavement 2”
Depth
200,000 SF
32 Variable Cold Mill Existing AC
Pavement 0” to 2”
27,910 SF
33 Remove and Replace AC Pavement
– 4” Depth
5,600 SF
34 Weed Abatement and Crack Seal 1 LS
35 Construct 2” FRAC Overlay 4,000 TON
36 Subcontract with Uretek USA, Inc. to
Level and Stabilize Roadway using
Polymer Injection Technique to
Eliminate Dip in Roadway per
Specifications.****
1 ALLOW
ANCE $230,000 $230,000
37 Construct PCC Curb Ramp with
Yellow Truncated Domes per
Caltrans Standard Plan A88A or
A88B (Case per Plan)**
10 EA
38 Remove and Reconstruct PCC
Cross Gutter and Spandrel per
OCPW Standard Plan No. 122-2-OC
1,500 SF
39 Remove and Reconstruct PCC
Sidewalk per OCPW Standard Plan
No. 1204 & 1205
3,500 SF
40 Adjust Pull Box to Grade 10 EA
41 Double Adjust Manhole Frame and
Cover to Finished Grade
11 EA
42 Adjust Water Valves to Grade 11 EA
43 Adjust Electric Manhole Frame and
Cover to Finished Grade
4 EA BY
OTHERS
BY
OTHERS
1774061.2 P-14 LH 6909-01/2023
44 Adjust Sewer Cleanout Frame and
Cover to Finished Grade
2 EA
45 Adjust Survey Monument Well
Frame & Cover to Grade
2 EA
46 Traffic Signal Loops – Type E 51 EA
47 Traffic Signal Loops – Type F 19 EA
48 Traffic Control 1 LS
49 Signing and Striping 1 LS
50 Prepare Traffic Control Plan and
Obtain Approval from Caltrans
1 LS
51 Preparing and Obtaining Caltrans
Encroachment Permit, including
payment of fees
1 LS
52 City of Aliso Viejo Encroachment
Permit
1 LS
** Bidder shall make every effort to attract DBE, WDBE, etc. to work on this portion of the work. ****Contractor shall subcontract with Uretek USA, Inc. for the leveling and stabilization of the roadway. Proposal is located in Appendix G, and area is called out on the plans.
SUBTOTAL IN FIGURES:
(BASE BID NO. 3 ITEMS 31-52) .................................................... $ ALTERNATE BID TO ITEM NO. 35:
Item Description
Est.
Quantity Units
Unit
Price
Total
Cost
A-5 Construct 2” ARHM Overlay 4,000 TON
A-6 Subtract Unit Price/Provide Credit
from Deleting Item No. 35,
Construct 2” FRAC Overlay, from
Bid Schedule (Unit Price and
Item Cost must match Item No.
35 in Base Schedule)
(4,000) TON ( ) ( )
SUBTOTAL IN FIGURES:
(ALTERNATE BID TO BASE BID NO. 3, ITEM 35)........................ $ \
\
\
\
\
\
\
1774061.2 P-15 LH 6909-01/2023
CURB RAMP REPLACEMENT PROJECT - ALICIA PARKWAY
BASE BID NO. 4
BID ITEMS 53 through 55
Item Description
Est.
Quantity Units
Unit
Price
Total
Cost
53 Remove and Replace Existing
Blue Truncated Dome Tiles with
Yellow Truncated Dome Tiles –
Per Location
• North, West, East, South
corners of Moulton/Alicia;
• North, South, East corners
of Aliso Hills Road/Alicia;
• West and Northwest
corners of Community
Center Drive/Alicia**
9 EA
54 Remove Existing Curb Ramp from
BCR to ECR and Construct PCC
Curb Ramp with Yellow Truncated
Domes per Caltrans Standard
Plan A88A or A88B
• West and East corners of
Via Lomas/Alicia;
• East and Northeast
corners of Community
Center Drive/Alicia**
4 EA
55 Traffic Control
** Bidder shall make every effort to attract DBE, WDBE, etc. to work on this portion of the work.
SUBTOTAL IN FIGURES:
(BASE BID NO. 4, ITEMS 51-53)................................................... $ TOTAL BID IN FIGURES (BASE BID NO. 1 + BASE BID NO. 2 + BASE BID NO. 3 + BASE BID NO. 4):
$ ____________________________
TOTAL BID IN WORDS (BASE BID NO. 1 + BASE BID NO. 2 + BASE BID NO. 3 + BASE BID NO. 4):
DOLLARS
AND CENTS.
1774061.2 P-16 LH 6909-01/2023
NOTE: THE ESTIMATED QUANTITIES SHOWN HEREIN ARE APPROXIMATE AND ARE TO BE USED ONLY AS COMPARISON OF BIDS. PAYMENT FOR QUANTITIES WILL BE MADE FOR ACTUAL MATERIALS USED ON THE JOB. THE CITY RESERVES THE RIGHT TO
INCREASE OR DECREASE THE AMOUNT OF ANY QUANTITY SHOWN AND TO DELETE ALL OR ANY ITEM FROM THE CONTRACT. IF THERE IS A CONFLICT BETWEEN THE UNIT PRICE PROVIDED AND TOTAL COST, THE UNIT PRICE SHALL PREVAIL.
1774061.2 P-17 LH 6909-01/2023
CITY OF LAGUNA HILLS
PROPOSAL BID SHEETS
FOR
ARTERIAL PAVEMENT REHABILITATION PROJECT –
PASEO DE VALENCIA & LA PAZ ROAD, CIP 104 & 109
AND
CURB RAMP REPLACEMENT PROJECT - ALICIA PARKWAY
PROPOSAL
IN WITNESS WHEREOF, BIDDER executes and submits this proposal with the names, titles, hands, and seals of all forenamed principals this day of , 20 .
BIDDER
Subscribed and sworn to before me BY: __________________________ this day of , 20 (Print Name)
(Signature of Notary Public) (Signature)
(Attach Jurat) TITLE: _______________________
(SEAL)
CITY acknowledges that this proposal was received and opened at the time and in the place specified, and that it was accompanied by the required guarantee in the minimum amount of ten percent (10%) of the total bid.
By:
Title:
1774061.2 P-18 LH 6909-01/2023
BIDDER'S NAME:
BIDDER’S CERTIFICATION FOR
ACKNOWLEDGEMENT OF COMPLIANCE WITH INSURANCE
REQUIREMENTS FOR PUBLIC WORKS CONSTRUCTION
CITY OF LAGUNA HILLS
BIDDER agrees, acknowledges and is fully aware of the insurance requirements as specified in the INSTRUCTIONS TO BIDDERS FOR ARTERIAL PAVEMENT REHABILITATION PROJECT - PASEO DE VALENCIA & LA PAZ ROAD AND CURB RAMP REPLACEMENT PROJECT - ALICIA PARKWAY & PASEO DE VALENCIA, CIP 104/109, AND IN THE SPECIAL PROVISIONS
FOR ARTERIAL PAVEMENT REHABILITATION PROJECT - PASEO DE VALENCIA & LA PAZ
ROAD AND CURB RAMP REPLACEMENT PROJECT - ALICIA PARKWAY & PASEO DE VALENCIA, CIP 104/109 and accepts all conditions and requirements contained therein.
Bidder
By Date
***** SUBMIT THIS EXECUTED FORM WITH THE
BID
1774061.2 P-19 LH 6909-01/2023
BIDDER'S NAME:
BIDDER’S CERTIFICATION FOR
BUY AMERICA REQUIREMENTS
Attention is directed to the "Buy America" requirements of the Surface Transportation Assistance Act of 1982 (Section 165) and the Intermodal Surface Transportation Efficiency Act of 1991 (ISTEA) Sections 1041(a) and 1048(a), and the regulations adopted pursuant thereto. In accordance with said law and regulations, all manufacturing processes for steel and iron materials furnished for incorporation into the work on this project shall occur in the United States; with the exception that pig iron and processed, pelletized and reduced iron ore manufactured outside of the United States may be used in the domestic manufacturing process for such steel and iron materials. The application of coatings, such as epoxy coating, galvanizing, painting, and any other coating that protects or enhances the value of such steel or iron materials shall be considered a manufacturing process subject to the "Buy America" requirements.
A Certificate of Compliance, conforming to the provisions in Section 6-1.07, "Certificates of Compliance," of the Standard Specifications, shall be furnished for steel and iron materials. The certificates, in addition to certifying that the materials comply with the specifications, shall also specifically certify that all manufacturing processes for the materials occurred in the United States, except for the exceptions allowed herein.
The requirements imposed by said law and regulations do not prevent a minimal use of foreign steel and iron materials if the total combined cost of such materials used does not exceed onetenth of one percent (0.1%) of the total contract cost or $2,500, whichever is greater. The Contractor shall furnish the City with acceptable documentation of the quantity and value of any foreign steel and iron prior to incorporating such materials into the work.
Bidder
By Date
***** SUBMIT THIS EXECUTED FORM WITH THE BID
1774061.2 CA-1 LH 6909-01/2023
CITY OF LAGUNA HILLS
CONTRACT AGREEMENT
FOR
ARTERIAL PAVEMENT REHABILITATION PROJECT –
PASEO DE VALENCIA & LA PAZ ROAD, CIP 104 & 109
AND
CURB RAMP REPLACEMENT PROJECT - ALICIA PARKWAY
THIS CONTRACT AGREEMENT (hereinafter “Agreement” or “Contract” or “Contract Agreement”) is made and entered into for the above stated Project this day of , 20 , BY AND BETWEEN THE CITY OF LAGUNA HILLS, as CITY, and , as CONTRACTOR.
WITNESSETH that CITY and CONTRACTOR have mutually agreed as follows:
ARTICLE I
The contract documents for the aforesaid Project shall consist of the Notice Inviting Sealed Bids, Instructions to Bidders, Proposal Documents, Contract Documents, General Specifications, Standard Specifications, Special Provisions, Plans, and all referenced specifications, details, standard drawings, and all appendices attached hereto, together with this Contract Agreement and all required bonds, insurance coverage, 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 ensure its completion in an acceptable manner (hereinafter collectively the “Contract Documents”). All of the provisions of said Contract Documents are attached hereto and are incorporated by reference herein and made a part of this Contract Agreement as though fully set forth herein.
ARTICLE II
For and in consideration of the payments and agreements to be made and performed by CITY, CONTRACTOR agrees to furnish all materials and perform all work required for the above stated project, and to fulfill all other obligations as set forth in the aforesaid Contract Documents.
ARTICLE III
CONTRACTOR agrees to receive and accept the prices set forth in the Proposal 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 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. Notwithstanding any provisions of this Agreement to the contrary, CITY and CONTRACTOR mutually agree that CITY’s maximum cumulative payment obligation hereunder (including CONTRACTOR’s profit) shall be Dollars ($0.00), which shall include all amounts payable to CONTRACTOR for its subcontracts, leases, materials and costs arising from, or due to termination of, this Agreement.
1774061.2 CA-2 LH 6909-01/2023
ARTICLE IV
CITY hereby promises and agrees to employ, and does hereby employ, CONTRACTOR to provide the materials, do the work, and fulfill the obligations according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions set forth in the Contract Documents.
ARTICLE V
CONTRACTOR acknowledges the provisions of the Labor Code requiring every employer to be insured against liability for workers’ compensation, or to undertake self-insurance in accordance with the provisions of that code, and certifies compliance with such provisions.
ARTICLE VI
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.
ARTICLE VII
CONTRACTOR hereby represents and warrants that it will comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C. Section 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should CONTRACTOR so employ such unauthorized aliens for the performance of any work and/or services under this Agreement, and should any liability or sanctions be imposed against CITY for such use of unauthorized aliens, CONTRACTOR hereby agrees to reimburse CITY for any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, or penalties which arise out of or are related to such employment, together with any and all costs, including attorneys' fees, incurred by CITY.
ARTICLE VIII
To the fullest extent permitted by law, CONTRACTOR shall defend (at CONTRACTOR's sole cost and expense), indemnify, protect, and hold harmless CITY, its elected and appointed officials, officers, employees, agents, and volunteers (collectively the “Indemnified Parties”), from and against any and all liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties, and expenses including legal costs and attorney fees (collectively “Claims”), including but not limited to Claims arising from injuries to or death of persons (CONTRACTOR’s employees included), or for damage to property, including property owned by CITY, which Claims arise out of, pertain to, or are related to CONTRACTOR's performance under the Agreement. Under no circumstances shall the insurance requirements and limits set forth in this Agreement be construed to limit CONTRACTOR's indemnification obligation or other liability hereunder. Notwithstanding the foregoing, such obligation to defend, hold harmless, and indemnify the CITY, its elected and appointed officials, officers, employees, agents, and volunteers, shall not apply to such claims or liabilities arising from the sole or active negligence or willful misconduct of CITY.
ARTICLE IX
CONTRACTOR shall be familiar with, observe, and comply at all times during the term of this Agreement with any work rules for contractors as may be established and promulgated by the City Manager, which work rules shall be additional terms and conditions for providing the work and services to the CITY pursuant to this Agreement, as may be updated and/or amended from time to time at the sole discretion of the City Manager.
1774061.2 CA-3 LH 6909-01/2023
[SIGNATURES ON NEXT PAGE]
1774061.2 CA-4 LH 6909-01/2023
CONTRACT AGREEMENT
IN WITNESS WHEREOF the parties hereto have caused this Agreement to be executed the day and year first written.
CITY: CONTRACTOR:
___________________________________ ___________________________________
DAVE WHEELER, MAYOR (CORPORATION (NAME - TYPE))
CITY OF LAGUNA HILLS
BY:________________________________
(PRINT)
ATTEST: ___________________________________
(SIGNATURE)
___________________________________ _________________________________
JENNIFER LEE, CMC, CITY CLERK (TITLE)
CITY OF LAGUNA HILLS
BY: _______________________________
(PRINT)
___________________________________ ___________________________________ GREGORY E. SIMONIAN, CITY ATTORNEY (SIGNATURE)
CITY OF LAGUNA HILLS
_________________________________
(TITLE)
NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST BE NOTARIZED, ATTACH JURAT.
1774061.2 CA-5 LH 6909-01/2023
(Page 1 of 2) Bond Amount $
Bond Number
FAITHFUL PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, on , the City of Laguna Hills, California (“City”) awarded a public works contract (the “Contract”), delineated as Contract No. , for the , as
specified in the Contract , to , a
hereby designated as the “Principal”,
which Contract is attached hereto, and which Contract and all documents incorporated therein by reference are expressly incorporated into this bond by reference AND WHEREAS, the Principal is required under the terms of the Contract to furnish a bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the Principal, and (the
“Surety”), an admitted surety insurer in the State of California, are held firmly bound unto the City of Laguna Hills in the sum of and /100
DOLLARS ($ ), lawful money of the United States of America, for the payment of which sum, well and truly be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT:
1. If the Principal, its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly do and perform all of the covenants and obligations of the Contract, including the provisions for liquidated damages in said Contract, and including any and all amendments, supplements, and alterations made to the Contract as provided therein, on the Principal’s part to be done and performed at the times and in the manner specified in the Contract, and shall indemnify and save harmless the City, its officers and agents as specified in the Contract, then this obligation shall be null and void, otherwise it shall be and remain in full force and effect;
2. In the event the Principal fails to fully perform all requirements in accordance with the terms and conditions of the Contract, then the Surety shall enforce performance by the Principal or shall pay the City for the same in an amount not exceeding the amount specified in this bond.3. In the event suit is brought upon this bond by the City and judgment is recovered, as part of the obligation secured hereby and in addition to the face amount specified in this bond, the
(DATE OF AWARD)
(NAME OF PROJECT AND/OR DESCRIPTION OF WORK)
(NAME OF CONTRACTOR)
(NAME OF SURETY)
(CONTRACTOR ENTITY TYPE i.e., INC, LLC, ETC)
1774061.2 CA-6 LH 6909-01/2023
FAITHFUL PERFORMANCE BOND
(PAGE 2 OF 2)
Surety shall pay all costs incurred by the City in such suit, including reasonable attorneys’ fees to be fixed by the court.
4. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations, additions, omissions or other modifications to the terms of the Contract, or in the work to be performed or the material to be furnished under the Contract, or in the specifications or plans, whether or not made pursuant to the terms of the Contract, shall in any manner release either the Principal or Surety or affect the Surety’s obligations on this bond, and it does hereby waive notice of any such changes, extensions, alterations, additions, omissions or other modifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named on the day of , 20 .
PRINCIPAL: SURETY:
(Principal Name) (Seal) (Surety Name) (Seal)
By: By:
(Signature) (Signature)
(Print Name and Title) (Print Name and Title)
By: By:
(Signature) (Signature)
(Print Name and Title) (Print Name and Title)
Principal Address and Telephone: Surety Address and Telephone:
Affix Corporate Seals
Attach Notary Acknowledgments for All Signatures
Attach Power-of-Attorney if Executed by Attorney-in-Fact
1774061.2 CA-7 LH 6909-01/2023
(PAGE 1 OF 2)
PAYMENT (LABOR AND MATERIAL) BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, on , the City of Laguna Hills, California (“City”) awarded a public works contract (the “Contract”), delineated as Contract No. , for the , as
specified in the Contract , to , a
hereby designated as the “Principal”,
which Contract is attached hereto, and which Contract and all documents incporated therein by reference are expressly incorporated into this bond by reference.
AND WHEREAS, the Principal is required under the terms of the Contract to give this bond in connection with the execution of the Contract.
NOW, THEREFORE, we, the Principal, and (the
“Surety”), an admitted surety insurer in the State of California, are held firmly bound unto the City of Laguna Hills in the sum of and /100
DOLLARS ($ ), lawful money of the United States of America, for the payment of which sum, well and truly be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT:
1. If the Principal, or its subcontractors, or their respective heirs, executors, administrators, successors or assigns, shall fail to pay (a) any of the persons named in Section 9100 of the California Civil Code, (b) any amounts due under the California Unemployment Insurance Code with respect to work or labor performed under the Contract, or (c) any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and its subcontractors pursuant to Section 13020 of the California Unemployment Insurance Code with respect to such work or labor, then the Surety shall pay for the same, in an aggregate amount not exceeding the sum specified in this bond. In case suit is brought upon this bond, the Surety will pay reasonable attorney’s fees to be fixed by the court.
2. This bond shall inure to the benefit of any of the persons named in Section 9100 of the California Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
(DATE OF AWARD)
(NAME OF PROJECT AND/OR DESCRIPTION OF WORK)
(NAME OF CONTRACTOR)
(NAME OF SURETY)
(CONTRACTOR ENTITY TYPE i.e., INC, LLC, ETC)
1774061.2 CA-8 LH 6909-01/2023
PAYMENT (LABOR AND MATERIAL) BOND
(PAGE 2 OF 2)
3. The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alterations, additions, omissions or other modifications to the terms of the Contract, or in the work to be performed or the material to be furnished under the Contract, or in the specifications or plans, whether or not made pursuant to the terms of the Contract, shall in any manner release either the Principal or Surety or affect the Surety’s obligations on this bond, and it does hereby waive notice of any such changes, extensions, alterations, additions, omissions or other modifications.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and Surety above named on the day of , 20 .
PRINCIPAL: SURETY:
(Principal Name) (Seal) (Surety Name) (Seal)
By: By:
(Signature) (Signature)
(Print Name and Title) (Print Name and Title)
By: By:
(Signature) (Signature)
(Print Name and Title) (Print Name and Title)
Principal Address and Telephone: Surety Address and Telephone:
Affix Corporate Seals
Attach Notary Acknowledgments for All Signatures
Attach Power-of-Attorney if Executed by Attorney-in-Fact
1774061.2 CA-9 LH 6909-01/2023
COMPENSATION INSURANCE CERTIFICATE
Pursuant to Section 1861 of the State Labor Code, each contractor to whom a public works contract has been awarded shall sign the following certificate and shall submit same to the City prior to performing any work on the contract:
“I am 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 I will comply with such provisions before commencing the performance of work of this contract.”
Contractor
By:
(PRINT)
(SIGNATURE)
Title
Date
Section 3700 of the Labor Code reads as follows:
"Every employer except the State shall secure the payment of compensation in one or more of the following ways:
"(a) By being insured against liability to pay compensation in one or more insurers duly authorized to write compensation insurance in this state. (b) By securing from the Director of Industrial Relations a certificate of consent to self-insure, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his employee."
COMPENSATION INSURANCE CERTIFICATE
TO BE SUBMITTED WITH CONTRACT
1774061.2 GS-1 LH 6909-01/2023
CITY OF LAGUNA HILLS
GENERAL SPECIFICATIONS
FOR
ARTERIAL PAVEMENT REHABILITATION PROJECT –
PASEO DE VALENCIA & LA PAZ ROAD, CIP 104 & 109
AND
CURB RAMP REPLACEMENT PROJECT - ALICIA PARKWAY
SCOPE OF WORK
The work to be performed and completed by Contractor consists of construction including unclassified excavation, asphalt grinding, asphalt concrete pavement repairs, cold planing, crack sealing, asphalt concrete overlay, removal and replacement of concrete sidewalk, curb ramps, and curb and gutter, adjusting or raising manholes and water valves to grade, striping, and other miscellaneous improvements as shown on the plans and as required to complete the work
LOCATION OF WORK
The Project is located on La Paz Road, Paseo de Valencia, and Alicia Parkway, as shown on the plans
TIME OF COMPLETION
The Contractor shall complete all work in every detail within 50 working days after the date of the Notice to Proceed.
TRAFFIC REQUIREMENTS
The Contractor shall provide delineation in accordance with the latest updated version of the California Manual on Uniform Traffic Control Devices (MUTCD). The Contractor shall schedule the order of his work such that no travel lanes are closed before 8:30 A.M. or after 4:30 P.M. daily.
A minimum of one through travel lane and all turning lanes in all directions shall be maintained during construction between 8:30 A.M. and 4:30 P.M. The same number of travel lanes currently in use (at the time of bid) shall be opened to traffic each and every day between 4:30 P.M. and 8:30 A.M. No work that interferes with public traffic shall be performed after 4:30 P.M. or before 8:30 A.M. No street closures shall be made. The traffic signal and traffic signal detectors shall remain operational during the construction until their replacement is scheduled within 5 days of disruption. Night work shall only be allowed with approved, written approval by the City Engineer, at the contractor’s request, and shall be completed at no additional cost if approved.
Separation between travel lanes shall be accomplished by the use of delineators placed at a maximum of 15' on center. Traffic channelization at intersections shall be accomplished by the use of delineators placed at a maximum of 10' on center.
UTILITY REQUIREMENTS
The Contractor is advised of the existence of the utility notification service provided by UNDERGROUND SERVICE ALERT (USA). USA member utilities will provide the Contractor with the precise locations of their substructures in the construction area when the Contractor gives at least 48 hours notice to the Underground Service Alert by calling 1(800) 422-4133. Contractor shall provide the City with proof of contact with USA upon request.
1774061.2 GS-2 LH 6909-01/2023
The Contractor shall notify the following agencies at least 48 hours in advance of excavating around any of their structures. The utility companies listed below can be contacted as indicated.
NAME ADDRESS ATTENTION Phone
Number
AT&T 3939 E. Coronado St.
Anaheim, CA 92807
Robert Fleisher 714/618-9129
OCTA 550 S. Main Street
Orange, CA 92613-1584
Kyle Poff 714/560-5816
Southern California
Edison
14155 Bake Parkway
Irvine, CA 92718
Chris Schafer 949/458-4413
El Toro Water District 24251 Los Alisos Blvd.
Lake Forest, CA 92630
Brian Miller 949/837-7050
Ext. 224
Gas Company 1919 South State College
Anaheim, CA 92806
Andrew Alday 714/385-3377
Gas Company Southern
Region Transmission
P. O. Box 1100
Chatsworth, CA 91313
Rosalyn
Squires
818/701-4546
CR&R P.O. Box 1100
San Juan Capistrano, CA 92693-1100
Mike
Campuzano
949/254-1779
Saddleback Unified
School District
25631 Diseno Drive
Mission Viejo, CA 92691
Frank Manzo 949/580-3335
Moulton Niguel Water
District
27500 La Paz Road
Laguna Niguel, CA 92677
Steve Merk 949/425-3538
Cox Communication 27121 Towne Centre Drive
Foothill Ranch, CA 92610
Reynaldo
Castro
949/563-8889
Santa Margarita Water
District
P. O. Box 7005
Mission Viejo, CA 92690-7005
Jaime Aguilar 949/459-6582
San Diego Gas & Electric 662 Camino de los Mares
San Clemente, CA 92673
Attn: Dolphus
D. Davis
949/369-4721
The California Public Utilities Commission mandates that, in the interest of public safety, main line gas valves be maintained in a manner to be readily accessible and in good operating condition.
The Contractor shall notify the Southern California Gas Company (714) 634-3185 at least 2 working days prior to the start of construction.
The Contractor shall exercise extreme care to protect all existing utilities in place whether shown on the plans or not, and shall assume full responsibility for all damage resulting from his operations. The Contractor shall coordinate with each utility company as to the requirements and methods for protection of their facilities during the construction period, and shall be responsible for preparation and processing of any required plans or permits. The Contractor shall assume full responsibility to maintain uninterrupted service for all utilities.
By submitting a bid, the Contractor acknowledges the above referenced utility work to be done in conjunction with this Project. The Contractor shall schedule his work and conduct his operations so as to permit access and time for the required utility work to be accomplished during the progress of the work.
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The Contractor shall coordinate with each utility company as to the extent of required work and the time required to do so. The Contractor shall include this time in his schedule. Payment for the above, if any, shall be deemed as included in the items of work as shown on the proposal bid sheet and no additional compensation will be allowed.
FLOW AND ACCEPTANCE OF WATER
It is anticipated that storm, surface or other waters will be encountered at various times and locations during the work herein contemplated. The Contractor, by submitting a bid, acknowledges that he has investigated the risk arising from such waters and has prepared his bid accordingly, and Contractor, by submitting a bid, assumes all of said risk.
REMOVAL OF WATER
The Contractor shall provide and maintain at all times during construction ample means and devices to promptly remove and properly dispose of all water entering the excavations or other parts of the work. No concrete footing or floor shall be laid in water nor shall water be allowed to rise over them until the concrete or mortar has set at least two (2) hours. Water shall not be allowed to rise unequally against any walls for a period of twenty-eight (28) days. Dewatering for the structures and pipelines shall commence when ground water is first encountered, and shall be continuous until such time as water can be allowed to rise in accordance with the above statement. Dewatering shall be accomplished by well points or some other method which will insure a dry hold and preservation of final lines and grade of the bottoms of excavation, all subject to the approval of the City Engineer.
Dewatering methods and disposal of water from dewatering operations shall be the sole responsibility of the Contractor and shall conform to the requirements of the State Regional Water Quality Control Board, the requirements of the National Pollution Discharge Elimination System (NPDES), and the Federal Clean Water Act. Full compensation for dewatering shall be considered as included in the contract prices paid for the related items of work, and no additional compensation will be allowed therefore.
STANDARD SPECIFICATIONS
The Standard Specifications of the City are contained in the 2018 edition of the STANDARD SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, also known as the “Greenbook”, including all supplements, as written and promulgated by the Joint Cooperative Committee of the Southern California Chapter of the American Public Works Association and the Southern California District of the Associated General Contractors of California, which is incorporated herein by this reference. Copies of these Standard Specifications are available from the publisher:
BNi Building News
Division of BNi Publications, Inc.
990 Park Center Drive, Suite E
Vista, California 92801
(760) 734-1113
The Standard Specifications set forth above will control the general provisions for this Contract except as amended by the Plans, General Specifications, Special Provisions, or other Contract Documents.
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The section numbers of the following Special Provisions coincide with those of the said Standard Specifications. Only those sections requiring amendment, elaboration, addition, or that are specifying options are stated in the Special Provisions.
In case of conflict between the Standard Specifications and the General Specifications or Special Provisions, the General Specifications and Special Provisions shall take precedence over and be used in lieu of such conflicting portions of the Standard Specifications.
References in the Special Provisions to "CALTRANS Standard Specifications" shall mean the latest edition of the Standard Specifications of the State of California, Department of Transportation. Copies of these specifications and standard drawings may be obtained from:
California Department of Transportation
Publications Distribution Unit
1900 Royal Oaks Drive
Sacramento, California 95815-3800
Telephone (916) 263-0822
Fax (916) 263-0470
References in the Special Provisions to Standard Plans shall mean the Standard Plans for Public Works Construction, latest edition (written and promulgated by the Public Works Standards, Inc.), and, where applicable and as determined and selected by the City Engineer, those specific standard plans of the City of Laguna Hills, the County of Orange and/or the State Department of Transportation, latest editions.
Where the Plans or Specifications describe portions of the work in general terms, but not in complete detail, it is understood that the item is to be furnished and installed complete and in place and that only the best general practice is to prevail and that only materials and workmanship of the first quality are to be used. Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment and incidentals, and do all the work involved in executing the contract.
WAGE RATES AND LABOR CODE REQUIREMENTS
The City has determined that the work on this Project requires work of labor categories which are subject to the State of California Department of Industrial Relations prevailing rates of per diem wages.
Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “maintenance” projects. Contractor agrees to fully comply with all applicable federal and state labor laws (including, without limitation, if applicable, the Prevailing Wage Laws). It is agreed by the parties that, in connection with the work provided pursuant to the Agreement, Contractor shall bear all risks of payment or non-payment of prevailing wages under California law, and Contractor hereby agrees to defend, indemnify, and hold the City, its elected 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. The foregoing indemnity shall survive termination of the Agreement.
Contractor understands and agrees to comply with the following California Labor Code compliance conditions [Labor Code Sections 1720 et seq., 1813, 1860, 1861, 3700]:
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a) The Agreement is subject to the provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency (“City”) and Contractor agree to be bound by all the provisions thereof as though set forth in full herein.
b) Contractor shall be registered with the Department of Industrial Relations (“DIR”) in accordance with California Labor Code Section 1725.5 and has provided proof of registration to City prior to the effective date of this Agreement.
c) Contractor agrees to comply with the provisions of California Labor Code Sections 1771, 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The applicable prevailing wage determination(s) may be obtained at (http://www.dir.ca.qov/OPRUDPreWaqeDetermination.htm), are on file with City, and are available to any interested party upon request. A copy of said rates shall be posted at each job site during the term of this Agreement.
d) Pursuant to California Labor Code Section 1771.4, Contractor’s services are subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor shall post job site notices as prescribed by DIR regulations and furnish the records specified in California Labor Code Section 1776 directly to the Labor Commissioner in the manner prescribed by California Labor Code Section 1771.4(a)(3) and (c)(2). e) Eight (8) hours of labor shall constitute a legal day’s work for all workmen employed in the execution of this Agreement, and the Contractor and any subcontractor 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 California Labor Code. Contractor shall comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the Contractor or by any subcontractor for each calendar day during which such worker 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 Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. (See, e.g., Cal. Labor Code §1815.)
f) Pursuant to California Labor Code Section 1771.1, Contractor and any subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the California Public Contract Code, or engage in the performance of any contract for public work on a public works project unless registered with the DIR and qualified to perform public work pursuant to California Labor Code Section 1725.2. It is not a violation of California Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by California Business and Professions Code Section 7029.1 or by California Public Contract Code Section 10164 or 20103.5, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. Contractor shall not perform any work under this Agreement with any subcontractor who is ineligible to perform work on the public works project pursuant to Section 1777.1 or 1777.7 of the California Labor Code.
Apprentices
Section 1777.5 requires the Contractor or Subcontractor employing tradesmen in any apprenticeable occupation to apply to an applicable apprenticeship committee that can supply apprentices to the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen to be used in the performance of the Contract.
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The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeable trade and if other Contractors on the public works site are making such contributions.
Information relative to apprenticeship standards, contributions, wage schedules and other requirements may be obtained from the State Director of Industrial Relations or from the Division of Apprenticeship Standards.
RESOLUTION OF CONSTRUCTION CLAIMS
California Public Contract Code (PCC) section 9204 as adopted by Assembly Bill 626 prescribes a process to present, confer, and mediate all construction claims relating to the City’s public works project.
“Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or another public improvement of any kind. “Claim” means a separate demand by the Contractor sent by registered mail or certified mail with return receipt requested for (A) a time extension, including, without limitation for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project (B) payment of money or damages arising from work done by or on behalf of the Contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled, or the amount the payment of which is disputed by the local agency. (PCC 9204(c)(1)) For any claim subject to this article, PCC section 9204 requires the following:
a) The claim shall be submitted by the Contractor in writing, sent by registered mail or certified mail with return receipt requested and must include the documents necessary to substantiate the claim. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. However, upon receipt of a claim, the City, and the Contractor may, by mutual agreement, extend the time period provided by statute.
b) For claims of all amounts, the City shall respond within 45 days of receipt of the claim, and provide the claimant a written statement identifying which portion of the claim is disputed and which portion of the claim is undisputed. If the City requires approval from the City Council, and the City Council does not meet within the 45-day period to respond, the City shall have up to three days to issue its response following the City Council meeting. c) For all portions of a claim determined to be undisputed, the City must process payment to the claimant within 60 days of issuing the City’s written determination. d) If the claimant disputes the City’s response, or if the City fails to respond within the time limits provided, the claimant may demand an informal conference to meet and confer for settlement of the issues in dispute. The demand must be sent in writing by registered or certified mail, return receipt requested. Upon receipt of a demand, the City must schedule a meet and confer conference within 30 days for settlement of the disputed claim. e) Within 10 business days following the conclusion of the meet and confer conference, if any portion of the claim remains in dispute, the City shall provide the claimant an addition written statement identifying the portion of the claim that is undisputed and the portion that remains in dispute.
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f) For all portions of a claim determined to be undisputed, the City must process payment to the claimant within 60 days of issuing the City’s written determination. g) Any remaining undisputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation in which the parties share the cost evenly. The City and the claimant shall mutually agree on a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree, each party shall select a mediator and those mediators shall jointly select a qualified, neutral third party to mediate the remaining undisputed claim. Each party shall bear the respective costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside of PCC section 9204.
Unless otherwise agreed to by the City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under PCC Section 20104.4 to mediate after litigation has been commenced.
PCC Section 9204 does not preclude the City from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program if mediation under this section does not resolve the parties’ dispute.
Should the City fail to respond to a claim, or fail to issue written statements as required, the Contractor’s claim is deemed denied. A claim denied by reason of the City’s failure to respond shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.
Amounts not paid in a timely manner as required by PCC 9204 shall bear interest at seven percent per annum.
NOTICE OF THIRD-PARTY CLAIMS
In accordance with PCC Section 9201, the City will provide timely notification to Contractor of the receipt of any third-party claim relating to the Agreement. The Contractor agrees to reimburse the City for its reasonable costs incurred in providing such notice.
CLAYTON ACT AND CARTWRIGHT ACT
In accordance with Section 7103.5 of the Public Contract Code, 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 subcontractor offers and agrees to assign to the awarding body all rights, and interest in and all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 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 tenders final payment to the contractor, without further acknowledgment by the parties.
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CITY OF LAGUNA HILLS
SPECIAL PROVISIONS
FOR
ARTERIAL PAVEMENT REHABILITATION PROJECT –
PASEO DE VALENCIA & LA PAZ ROAD, CIP 104 & 109
AND
CURB RAMP REPLACEMENT PROJECT - ALICIA PARKWAY
PART 1 - GENERAL PROVISIONS
SECTION 1 - TERMS, DEFINITIONS, ABBREVIATIONS AND SYMBOLS. 1-2 DEFINITIONS.
City City of Laguna Hills
Board City Council
Caltrans California Department of Transportation
County County of Orange
Engineer City Engineer
Federal United States of America
State State of California
Contractor Contractor, its workers, employees and agents Project ARTERIAL PAVEMENT REHABILITATION PROJECT – PASEO DE VALENCIA & LA PAZ ROAD, CIP 104 & 109, AND CURB
RAMP REPLACEMENT PROJECT - ALICIA PARKWAY
1-3 ABBREVIATIONS.
1-3.2 Common Usage. [Add the following to this section]:
MUTCD Manual of Uniform Traffic Control Devices, including the California Supplement
OCPW Orange County Public Works Department
SPPWC Standard Plans for Public Works Construction
SSPWC Standard Specifications for Public Works Construction FHWA Federal Highway Administration
HUD Housing and Urban Development
1-7 AWARD AND EXECUTION OF CONTRACT.
Within three (3) days of bid opening contractor must submit:
• If a bid bond is submitted with a 10% of Bid designation for the amount as noted in the City Approved Bid Bond form, a revised Bid Bond with numerical dollar values, both in words and with digits, shall be submitted to the City within three (3) days of bid opening.
Within five (5) working days after the date of the Notice of Apparent Low Bidder, the Contractor shall execute and return the following documents to the City:
• All Insurance Requirements set forth herein
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• Two (2) Original Signed Contract Agreements
Within ten (10) working days after the date of the Notice of Award, the Contractor shall execute and return the following documents to the City:
• Faithful Performance Bond
• Material and Labor Bond
• Construction Schedule
• Traffic Control Plan
• Water Pollution Control Plan
• Form W-9
• Encroachment Permit Application
• Construction Materials Submittals
FAILURE TO COMPLY WITH ALL OF THE ABOVE WILL RESULT IN ANNULMENT OF THE
AWARD AND FORFEITURE OF THE PROPOSAL GUARANTEE AT THE SOLE DISCRETION OF City.
The Contract Agreement shall not be considered binding upon the City until executed by the authorized City officials. A corporation to which an award is made may be required, before the Contract Agreement is executed by the City, to furnish evidence of its corporate existence, of its right to enter into contracts in the State of California, and that the officers signing the Contract and bonds for the corporation have the authority to do so. 1-7.2 Contract Bonds. [Replace section with the following]:
Both the Faithful Performance Bond and the Material and Labor Bond shall each be for not less than one hundred percent (100%) of the total Contract amount. The Material and Labor Bond shall remain in force until thirty-five (35) days after the date of recordation of the Notice of Completion. The Faithful Performance Bond will be held for one year after the date of recordation of the Notice of Completion.
Prior to the acceptance of any bond, the City shall verify that the surety is an admitted surety in the State of California. If requested by the City, the Contractor shall provide other information specified in the Code of Civil Procedure Section 995.660 to enable the City to verify the sufficiency of the bond.
Should any bond become insufficient, the Contractor shall correct the insufficiency within ten (10) calendar days after receiving notice from the City. The Contractor shall provide the City with evidence of the correction within ten (10) calendar days of said correction. Should any surety at any time be unsatisfactory to the City, written notice will be given to the Contractor to that effect.
No further payments shall be deemed due or will be payable under the Contract until Contractor submits an acceptable bond from a surety accepted by the City. Changes to the work or extensions of time made pursuant to the Contract Agreement shall in no way release the Contractor or the surety from its obligations. Notice of such changes or extensions shall be waived by the surety.
SECTION 2 – SCOPE OF WORK.
2-1.1 PLANS AND SPECIFICATIONS [Add the following to this section]:
The Contractor shall maintain a control set of Plans and Specifications on the Project site at all times. All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked in red on this control set to show the as-constructed conditions.
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Upon completion of all work, the Contractor shall return the control set to the Engineer. Final payment will not be made until this requirement has been met. 2-2 PERMITS. [Add the following to this section]:
Prior to the start of any work, the Contractor shall take out the applicable City and State permits and make arrangements for City and State inspections. Requests for inspections shall be made to the City at least 24 hours in advance of need. The Contractor and all subcontractors shall each obtain any and all other permits, licenses, inspections, certificates, or authorizations required by any governing body or public utility. Payment for this work shall be included in the bid items of work and no additional compensation will be allowed. The City will waive the usual City encroachment permit fees.
Further, Contractor shall ensure that its employees, agents, contractors, and subcontractors conduct themselves in compliance with such laws and licensure requirements including, without limitation, compliance with laws applicable to nondiscrimination, sexual harassment, and ethical behavior throughout the duration of the Contract. Contractor shall not retain or employ an unlicensed subcontractor to perform work pursuant to this Contract. Contractor shall notify the City immediately and in writing of its employees’, agents’, contractors’ or subcontractors’ inability to obtain or maintain, irrespective of the pendency of any appeal, any such licenses, permits, approvals, certificate, waivers, and exemptions that may be required. Such inability shall be cause for termination of this Contract
2-3 RIGHT-OF-WAY. [Add the following to this section]:
The City will acquire all rights of way, easements and rights of entry as required for this Project.
The Contractor shall verify that the acquisition(s) is completed prior to beginning any work outside of the public right of way. All cost for re-mobilization, downtime, etc. due to delays in obtaining the required rights of way, easements and rights of entry shall be included in all other items of work and no additional compensation will be allowed. In the event the required easements have not yet been acquired by the City, the Contractor shall conduct its operation so as to confine its work to the limits of the existing right-of-way.
2-4 COOPERATION AND COLLATERAL WORK. [Add the following]:
The Contractor is advised as to the possibility of other construction projects within the proposed construction zone by the City of Laguna Hills, other governing agencies or private enterprises. In the event of such projects, the Contractor shall coordinate with the applicable parties as to the extent of any time required to complete their work and shall schedule his work and conduct his operations so as to permit access and time as required for the concurrent work. The Contractor shall immediately notify the Engineer in the event of a delay in scheduling caused solely by this concurrent work. Payment for the above, if any, shall be deemed as included in various items of work, including any delay impacts, as shown on the proposal bid sheet and no additional compensation will be allowed.
2-8 EXTRA WORK.
2-8.2 Payment.
2-8.3 Markup.
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(a) Work by Contractor. [Add the following to this section]: The following percentages shall be the maximum added to the Contractor's costs and shall constitute the markup for all overhead and profits:
1) Labor 20%
2) Materials 15%
3) Equipment Rental 15%
4) Other Items and Expenditures 15%
To the sum of the costs and markups provided for in this subsection, 1 percent shall be added as compensation for bonding.
(b) Work by Subcontractor. [Add the following to this section]: When all or any part of the extra work is performed by a Subcontractor, the markup established in 3-3.2.3(a) shall be applied to the Subcontractor's actual cost of such work. A markup of 10 percent on the first $5,000 of the subcontracted portion of the extra work and a markup of five (5) percent on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor.
The markups mentioned hereinafter shall include, but are not limited to, all costs for the services of superintendents, project managers, timekeepers and other personnel not working directly on the change order and pickup or yard trucks used by the above personnel. These costs shall be reported as labor or equipment elsewhere except when actually performing work directly on the change order and then shall only be reported at the labor classification of the work performed.
The costs of rental equipment shall not exceed the equipment rental rates in the surcharge and Equipment Rental Rates, as published by the State of California Business, Transportation, and Housing Agency and the California Department of Transportation, Division of Construction for the current fiscal year.
2-10 DISPUTED WORK. [Add the following to this section]:
If the Contractor and the City are unable to reach an agreement on disputed work, the City may direct the Contractor to proceed as directed. The City shall have the option, at its own discretion, to pay for said work through unilateral change order executed by the City after conducting its own analysis of the reasonable costs thereof. Although not to be construed as proceeding under extra work provisions in Section 3-3, the Contractor shall keep and furnish records of disputed work in accordance with Section 3-3.
In any case where the Contractor believes extra compensation is due the Contractor for work or materials not clearly covered in the Contract, or not ordered by the City as “extra work”, the Contractor shall notify the City in writing of the Contractor's intention to make claim for such extra compensation before the Contractor begins the work on which Contractor bases the claim. If such notification is not given, or the City is not afforded proper supporting documentation by the Contractor for keeping strict account of actual cost, then the Contractor shall be deemed to have waived the claims for such extra compensation. Such notice by the Contractor, and the fact that the City has kept account of the cost as aforesaid, shall not in any way be construed as proving the validity of the claim. The validity of the claim must be determined by the City. If the City determines that the claim is well founded, it shall be allowed and paid for as “extra work”; if the City determines that the claim is not well founded, it shall be disallowed and not paid.
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SECTION 3 – CONTROL OF THE WORK.
3-10 SURVEYING.
3-10.3 Survey Services. [Add sub-section]:
The Contractor will provide the initial surveying and the initial construction staking, if required for the construction of this Project. The cost of any additional surveying and/or construction staking primarily for the convenience of the Contractor and for replacement of stakes lost for any reason will be the responsibility of the Contractor. The Contractor shall make all requests in writing for construction stakes at least 48 hours in advance of the day required.
The Contractor shall be responsible for the finished work's conforming to the lines, grades and benchmarks given by the Engineer. The Contractor shall establish supplementary benchmarks, elevations, lines and grades and any other necessary controls which are not established by the Engineer and which are necessary to complete the work. Compensation for above work by the Contractor shall be included within the various items of work and no additional compensation will be allowed.
SECTION 4 - CONTROL OF MATERIALS
4-3 INSPECTIONS.
4-3.1 General. [Add the following to this section]:
The City will pay for inspection and materials testing. The Contractor shall pay for retests and reinspections due to failure to meet Specifications. If the Contractor elects to work under this Contract more than 8 hours/day or more than 40 hours/week, Saturday, Sunday, or City holidays, it shall arrange with the Engineer for the required inspection service and pay the Special Inspection Fees as provided by the Material Inspector and City Engineer. When Special Inspection is required, the Contractor shall notify the City and pay inspection fees 24 hours in advance. A 24 hour advance notice will be given during working hours, exclusive of Saturday, Sunday or City holidays for the purpose of permitting the Engineer to make necessary assignments of his representatives. If the Contractor is directed by the City to work under this Contract more than 8 hours/day or more than 40 hours/week, the Special Inspection Fee requirements will be waived.
SECTION 5 – LEGAL RELATIONS AND RESPONSIBILITIES
5-1 LAWS AND REGULATIONS. [Add the following to this section]:
The Contractor, and all subcontractors, suppliers and vendors, shall comply with all City, State, and Federal orders regarding affirmative action to ensure equal employment opportunities and fair employment practices. Failure to file any report due under said orders will result in suspension of periodic progress payments.
The Contractor shall ensure unlimited access to the job site for all equal employment opportunity compliance officers.
5-3 LABOR.
5-3.3 Payroll Records. [Add the following to this section]:
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Contractor shall comply with the provisions of California Labor Code Section 1776 which, among other things, require Contractor and each subcontractor to (1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and (3) inform the City of the location of the records. The Contractor is responsible for compliance with Section 1776 by itself and all of its subcontractors. Verified payroll records shall be submitted to the City by the tenth day of each month. Progress payments will be withheld pending receipt of any outstanding reports.
5-4 INSURANCE.
5-4.5 Compliance with Insurance Requirements. [Add the following to this section]:
Contractor shall obtain, maintain, and keep in full force and effect during the term of this Agreement, at its sole cost and expense, and in a form and content satisfactory to City, all insurance required under this section. Contractor shall not commence any work or services under this Agreement unless and until it has provided evidence satisfactory to City that it has secured all insurance required under this section. If Contractor’s existing insurance policies do not meet the insurance requirements set forth herein, Contractor agrees to amend, supplement or endorse the policies to do so.
5-4.5.1Types of Insurance Required. [Add the following to this section]:
As a condition precedent to the effectiveness of this Agreement, and without limiting the indemnity provisions set forth in this Agreement, Contractor shall obtain and maintain in full force and effect during the term of this Agreement, including any extension thereof, the following policies of insurance:
A. Commercial General Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Commercial General Liability Insurance (Insurance Services Office form CG 00 01) written on an occurrence basis with limits of at least two million dollars ($2,000,000.00) per occurrence, four million dollars ($4,000,000.00) in the general aggregate, and four million dollars ($4,000,000.00) for completed operations aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; or (3) contain any other exclusion contrary to the Agreement.
B. Automobile Liability Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Automobile Liability Insurance (Insurance Services Office form CA 001) written on a per occurrence basis with limits of at least one million dollars ($1,000,000.00) combined limit for each occurrence covering bodily injury and property damage. The policy shall specifically include coverage for owned, non-owned, leased, and hired automobiles.
C. Workers’ Compensation Insurance. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Workers’ Compensation Insurance in at least the minimum statutory amounts, and in compliance with all other statutory requirements, as required by the State of California. Contractor agrees to waive and obtain endorsements from its workers’ compensation insurer waiving all subrogation rights under its workers’ compensation insurance policy against the City, its officials, officers, employees, agents and volunteers, and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies. Contractor shall obtain and maintain, in full force and effect throughout the term of this Agreement, a policy of Employer’s Liability Insurance written on a per
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occurrence basis with limits of at least one million dollars ($1,000,000.00) per accident for bodily injury or disease.
5-4.5.2 Acceptability of Insurers. [Add the following to this section]:
Insurance required by this section shall be issued by a licensed company authorized to transact business in the state by the Department of Insurance for the State of California with a current rating of A-:VII or better (if an admitted carrier), or a current rating of A:X or better (if offered by a non-admitted insurer listed on the State of California List of Approved Surplus Line Insurers (LASLI), by the latest edition of A.M. Best’s Key Rating Guide, except that the City will accept workers’ compensation insurance from the State Compensation Fund. In the event the City determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the City.
Contractor shall immediately substitute any insurer whose A.M. Best rating drops below the levels specified herein.
5-4.5.3 Insurance Endorsements. [Add the following to this section]:
Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. Required insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies:
A. The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to provide the following:
(1) Additional Insured: The City, its officials, officers, employees, agents and volunteers, shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement; and
(2) Additional Insured Endorsements: Additional insured endorsements shall not (1) be restricted to “ongoing operations”, (2) exclude “contractual liability”, (3) restrict coverage to “sole” liability of Contractor, or (4) contain any other exclusions contrary to the Agreement; and, the coverage shall contain no special limitations on the scope of protection afforded to additional insureds.
(3) Notice: The policy or policies of insurance required by this section for Commercial General Liability and Automobile Liability Insurance shall be endorsed to state that coverage shall not be suspended, voided, cancelled, or modified, or reduced in coverage or in limits, except after thirty (30) days prior written notice by First Class U.S. Mail, postage-prepaid, has been provided to the City. Notwithstanding the foregoing, if coverage is to be suspended, voided, or cancelled because of Contractor’s failure to pay the insurance premium, the notice provided to City shall be by ten (10) days prior written notice.
B. For all policies of Commercial General Liability Insurance, Contractor shall provide endorsements for completed operations to effectuate this requirement. 5-4.5.4 Deductibles and Self-Insured Retentions.
Any deductible or self-insured retention must be approved in writing by the City in advance and shall protect the City, its officials, officers, employees, agents and volunteers, in the same manner
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and to the same extent as they would have been protected had the policy or policies not contained a deductible or self-insured retention.
5-4.5.6 Primary and Non-Contributing Insurance.
All policies of Commercial General Liability Insurance and Automobile Liability Insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents or volunteers, shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions. 5-4.5.7Waiver of Subrogation.
All policies of Commercial General Liability and Automobile Liability Insurance shall contain or be endorsed to waive subrogation against the City, its officials, officers, employees, agents and volunteers, or shall specifically allow Contractor or others providing insurance evidence in compliance with the requirements set forth in this section to waive their right to recovery prior to a loss. Contractor hereby agrees to waive its own right of recovery against the City, its officials, officers, employees, agents and volunteers, and Contractor hereby agrees to require similar written express waivers and insurance clauses from each of its subcontractors. 5-4.5.8Evidence of Coverage.
Concurrently with the execution of the Agreement, Contractor shall deliver certificates of insurance together with original endorsements affecting each of the insurance policies required by this section. Required insurance policies shall not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for written approval. The certificates of insurance and original endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Contractor shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. Contractor shall promptly furnish, at City’s request, copies of actual policies including all declaration pages, endorsements, exclusions and any other policy documents City requires to verify coverage. 5-4.5.9 Requirements Not Limiting.
Requirement of specific coverage or minimum limits contained in this section are not intended as a limitation on coverage, limits, or other requirements, or a waiver of any coverage normally provided by any insurance. Nothing in this section shall be construed as limiting in any way the indemnification provision contained in this Agreement, or the extent to which Contractor may be held responsible for payments of damages to persons or property. 5-4.5.10 Enforcement of Agreement (Non-Estoppel).
Contractor acknowledges and agrees that actual or alleged failure on the part of the City to inform Contractor of any non-compliance with any of the insurance requirements set forth in this section imposes no additional obligation on the City nor does it waive any rights hereunder.
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5-4.5.11 Insurance for Subcontractors.
Contractor shall either: (1) include all subcontractors engaged in any work or services for Contractor relating to this Agreement as additional named insureds under the Contractor’s insurance policies; or (2) Contractor shall be responsible for causing its subcontractors to procure and maintain the appropriate insurance in compliance with the terms of the insurance requirements set forth in this section, including adding the City, its officials, officers, employees, agents and volunteers, as additional insureds to their respective policies. All policies of Commercial General Liability Insurance provided by Contractor’s subcontractors performing any work or services related to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers, as additional insureds. Contractor shall not allow any subcontractor to commence any work or services relating to this Agreement unless and until it has provided evidence satisfactory to City that the subcontractor has secured all insurance required under this section.
5-4.5.12 Other Insurance Requirements.
The following terms and conditions shall apply to the insurance policies required of Contractor pursuant to this Agreement:
A. Contractor shall provide immediate written notice to City if (1) any of the insurance policies required herein are terminated, cancelled or suspended, (2) the limits of any of the insurance coverages required herein are reduced, or (3) the deductible or self-insured retention is increased.
B. All insurance coverage and limits provided by Contractor and available or applicable to this Agreement are intended to apply to each insured, including additional insureds, against whom a claim is made or suit is brought to the full extent of the policies. Nothing contained in this Agreement or any other agreement relating to the City or its operations shall limit the application of such insurance coverage.
C. None of the insurance coverages required herein will be in compliance with the requirements of this section if they include any limiting endorsement which substantially impairs the coverages set forth herein (e.g., elimination of contractual liability or reduction of discovery period), unless the endorsement has first been submitted to the City and approved in writing.
D. Certificates of insurance will not be accepted in lieu of required endorsements, and submittal of certificates without required endorsements may delay commencement of the Project.
It is Contractor’s obligation to ensure timely compliance with all insurance submittal requirements as provided herein.
E. Contractor agrees to ensure that subcontractors, if any, and any other parties involved with the Project who are brought onto or involved in the Project by Contractor, provide the same minimum insurance coverage required of Contractor. Contractor agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section. Contractor agrees that upon request, all agreements with subcontractors and others engaged in the Project will be submitted to the City for review.
F. Contractor agrees to provide immediate written notice to City of any claim, demand or loss against Contractor arising out of the work or services performed under this Agreement and for any other claim, demand or loss which may reduce the insurance available to pay claims, demands or losses arising out of this Agreement.
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5-4.5.13 Contractor's Liability; City Not Liable; Claims Resolution A. Contractor’s liability. The Contractor shall be responsible for any loss or damage that may occur to:
• The work or any part thereof;
• Any of the materials or other things used or employed in performing the work; • Any injury to any person or persons, either workers or the public; • Any damage to property resulting from any cause which might have been prevented by the Contractor, including defects or obstructions at any time before completion of the work and its final acceptance.
B. City ordered precautions. If, in the opinion of the City Engineer, the precautions taken by Contractor are not safe or adequate at any time during the term of the Contract, the City Engineer may order the Contractor to take further precautions, and if the Contactor shall fail to do so, the City Engineer may order the work done by others and charge the Contractor for the cost thereof, such cost to be deducted from any moneys due or becoming due the Contractor. Failure of the City Engineer to order such additional precautions, however, shall not relieve the Contractor from his full responsibility for public safety.
C. City not liable. The City shall not be answerable or accountable in any manner, for any loss or damage that may occur to any of the following from any cause which might have been prevented by the Contractor:
• The work or any part thereof;
• Any of the materials or other things used or employed in performing the work; • Any injury to any person or persons, either workers or the public; • Any damage to property.
D. Claims Resolution. From time to time during the period of this contract, the City and/or the Contractor may be served with third-party claims, as a result of alleged conduct by Contractor. The following procedures shall be followed by City and Contractor:
For claims received by Contractor:
(1) Contractor shall provide City on a monthly basis details regarding any claim for damages to persons or property, including, date claim made, date of alleged damages, type of damages, alleged cause of damages and, as claims are resolved, details regarding Contractor’s denial or payment of such claim and the reasons for denial or payment. (2) Contractor shall resolve or deny any claim received within thirty (30) days of receipt. If Contractor is unable to resolve a claim within the thirty (30) days set forth above, it shall, prior to the expiration of the thirty (30) days request and extension in writing from the City.
For claims received by City:
(1) City shall process any claims received pursuant to Chapter 3-12 (Claims Against the City) of the Laguna Hills Municipal Code.
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(2) If after investigation of the claim, the City determines the Contractor is liable under this Contract, City shall tender the claim to the Contractor for proper handling and resolution.
E. Retention of Claimed Damages by City. The City may retain so much of the money due the Contractor under and by virtue of the Contract as shall be considered necessary by the City until disposition has been made of such suits or claims for damages aforesaid. 5-7 SAFETY.
5-7.1.3 Traffic and Access. [Add the following to section]:
When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic.
The Contractor shall notify in writing all affected property owners of the proposed construction schedule a minimum of forty-eight (48) hours, but not more than seventy-two (72) hours, in advance of any limitation or closure of access to their property. Form of said notice shall be as approved by the Engineer and shall contain the date and time of the closure. In the event of delay, whether beyond the control of the Contractor or not, the Contractor shall notify all affected property owners as to the extent of the delay and his revised schedule. In the event of delay over 72 hours, the Contractor shall re-notify the property owners as described above. Payment for notification and coordination as per Section 7-10 as modified herein shall be included in the compensation paid for the various items of work and no additional compensation will be allowed. The "Notices" will be furnished by the Contractor.
Pedestrian access shall be maintained at all times during construction and shall be in accordance with the Americans With Disabilities Act.
5.7.2 Safety Orders
5.7.2.1 General. [Add the following to this section]:
The Contractor shall comply with the provisions of any City ordinances or regulations regarding requirements for the protection of excavations and the nature of such protection.
In accordance with Section 6500 of the Labor Code, the Contractor is required to obtain a permit from the Division of Industrial Safety for any trench or excavation which if five feet or more in depth and into which a person is required to descent.
In accordance with Section 6705 of the Labor Code, prior to any excavation involving an expenditure in excess of twenty-five thousand dollars ($25,000) for the excavation of any trench or trenches five (5) feet or more in depth, Contractor shall submit to Engineer a written detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches.
Prior to beginning of excavations requiring shoring, the Contractor shall designate in writing to the Engineer someone whose responsibility it is to supervise the Project safety measures and someone whose responsibility it is to supervise the installation and removal of sheeting, shoring and bracing.
In addition to shoring the excavations in accordance with the minimum requirements of Industrial Safety Orders, it shall be the Contractor's responsibility to provide any and all additional shoring
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required to support the sides of the excavation against the effects of load which may exceed those desired by using the criteria set forth in the Industrial Safety Orders. The Contractor shall be solely responsible for any damages which may result from his failure to provide adequate shoring of the excavation under any and all of the conditions of loading which may exist or which may arise during construction of the Project.
In accordance with Section 7104 of the Public Contract Code, any public works contract which involves excavations that extend deeper than four feet below the surface shall provide as follows:
(a) That the Contractor shall promptly, and before the following conditions are disturbed, notify the City, in writing, of any:
(1) Material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, which is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. (2) Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids.
(3) Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally as inherent in work of the character provided for in the contract.
(b) The local public entity shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the work shall issue a change order under the procedures described in the contract. (c) That, in the event that a dispute arises between City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the contracting parties.
5-7.2.2.1 Storage of Equipment and Materials in Public Streets. [Add the following section]:
The Contractor is required to, at his own expense, maintain and operate a work and storage area outside of the public right-of-way. In such case the Contractor shall submit to City written authorization from the owners of the subject property prior to occupation. Occupation of site without written authorization shall be grounds for immediate suspension of work. Location of site to be approved by City. Condition and operation of yard shall conform to these specifications. The Contractor shall assume full responsibility for all damage to the site resulting from his operations and shall repair and/or replace same, at his own expense, to the satisfaction of the owner of the subject property. The Contractor shall vacate site and return it to pre-Project condition within five (5) working days following application for Notice of Completion. The Contractor shall obtain a written release from the property owner accepting the condition of the vacated site and releasing the Contractor from any further clean-up or restoration work and shall submit a copy of such release to City. The Notice of Completion will not be issued until said release is submitted. 5-7.2.2.2 Street Closures, Detours, Barricades. [Add the following section]:
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The Contractor shall perform lane closures and all traffic control operations in accordance with the applicable details in the California MUTCD, latest edition. No work shall be performed until the required lane closure traffic control has been installed and approved by the City. If the City does not feel that the Contractor is properly and safely implementing the MUTCD details, then work shall be stopped until such time as the Contractor can successfully remedy the deficiencies.
Portable delineators (traffic cones are not allowed), which conform to the California MUTCD, latest edition, shall be spaced as necessary for proper delineation of the travel way. The spacing between delineators shall not exceed 25 feet. The minimum lane transitions shall be a 50 to 1 taper. Double base delineators will be required.
The Contractor shall schedule the order of his work such that no travel lanes are closed before 8:30 A.M. or after 4:30 P.M. daily. A minimum of one through travel lane and all turning lanes in all directions with flaggers will be required at all times. The same number of travel lanes currently in use shall be opened to traffic during non-working hours. No street closures shall be made unless indicated on the approved traffic control plans. The traffic signal and traffic signal detectors shall remain operational continuously during the construction, and traffic loops that require replacement shall be disrupted no more than 5 calendar days before their replacement.
No weekend work (day or night) will be allowed, unless otherwise specified on the Plans or as approved by the City.
The Contractor shall provide, at his expense, advanced warning signs advising the public of the impending major construction project and his proposed schedule. Said signs shall be posted at all major approaches to the construction zones a minimum of one week prior to the start of construction.
The Contractor shall designate at least one worker solely for the provision and maintenance of traffic control.
The Contractor shall be responsible for providing temporary access to all intersecting streets and driveways throughout the workday and at the end of each workday. A minimum of one access point shall be maintained for each commercial business during their normal business hours.
Pedestrian access shall be maintained at all times and temporary and permanent pedestrian access shall be in accordance with the Americans with Disabilities Act.
The Contractor shall provide and maintain all other signs, barricades, pedestals, flashers, delineators and other necessary facilities for the protection of the public within the limits of the construction area and shall be maintained in a new or like new condition, free of damage and graffiti.
If the traffic delineators are damaged, displaced or not in an upright position, from any cause, said delineators shall immediately be replaced or restored to their original location, in an upright position, by the Contractor.
The Contractor shall furnish competent flagmen to give adequate warning to traffic or to the public of any dangerous conditions to be encountered. Flagmen, while on duty and assigned to give warnings to the public that the highway is under construction and of any dangerous conditions to be encountered as a result thereof, shall perform their duties and shall be provided with the necessary equipment in accordance with the California MUTCD. The equipment shall be furnished and kept clean and in good repair by the Contractor, at Contractor’s expense.
Should the Contractor appear to be neglectful or negligent in furnishing warning and protective measures as provided, the Engineer may direct attention to the existence of a hazard and the
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necessary warning and protective measures shall be furnished and installed by the Contractor at its own 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 his obligation to furnish and pay for these devices.
Where on-street parking is not allowed, the Contractor shall be required to post "Temporary No Parking" signs 48 hours prior to start of work. The Contractor will furnish the notification to property owners as mentioned in Section 7-10.1 and the “Temporary No Parking” signs.
No construction activities will be allowed on streets that are receiving trash pick-up services on the same day. A copy of the CR&R Waste Collection Map is available on the City’s website. The Contractor shall coordinate with the trash hauler in preparing the construction schedule. The Contractor shall provide a map showing the schedule of the work, which should coordinate with the trash and mail schedule, to the City at the preconstruction meeting.
Contractor shall notify the following entities at least forty-eight (48) hours in advance of any street closure or restriction to access.
1. Fire Department: Orange County Fire Authority, (714) 573-6000
2. Police Department: Orange County Sheriff’s Department, (714) 647-7000
3. School Districts: Saddleback Valley Unified: (949) 586-1234, Capistrano Unified: (949) 489-7000
4. Trash Collection: CR&R, (877) 728-0446
5. Street Sweeping: Sweeping Corp of America, (949) 413-0165
6. Transit Operations: Orange County Transportation Authority (OCTA), (714) 560-6282
7. Fire Department: Station 22, (949) 770-6016
8. Mail Service: US Postal Service
The City Engineer may add additional entities to this list at his discretion.
All existing stop signs, street name signs and regulatory signs shall be maintained in visible locations during construction. Where construction detours and signing conflict with existing signing, the Contractor shall cover existing signs in a manner approved by the City. The Contractor shall also provide temporary traffic restriping, or reflective white or yellow plastic tabs, at the conclusion of each working day, if not sooner, as directed by the City, for any centerline, painted median or lane line that is obliterated by construction.
The Contractor shall provide temporary delineation as directed/approved. Temporary delineation shall include sandblasting of conflicting markings; installation and removal of temporary centerlines or lane lines, detour signing, barricading; and replacement of traffic lines and markings in their proper locations upon termination of the detour. Conflicting existing and temporary striping, as required for traffic control during construction, shall be removed by the Contractor by using wet nozzle sandblasting methods with immediate clean up of residues.
Blacking-out of the pavement striping will not be allowed. Temporary reflective striping tape or reflective plastic tabs may be used, except that it shall not be applied to final asphalt surfaces.
Said tape or tabs shall be removed from temporary surfaces prior to placement of additional asphalt.
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The Contractor shall also be responsible for notifying adjacent businesses, residents (of affected residential tracts), and entities listed above, in writing seven (7) days in advance of any work that involves limited access. Said notice shall be reviewed and approved by the City in advance of its circulation. Contractor shall provide verification to the City that proper circulation of the notice has been accomplished.
The Contractor shall maintain a 24-hour emergency service to remove, install, relocate, and maintain warning devices. No later than 10 days after the award of the Contract, the Contractor shall furnish to the City, 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.
Prior to the start of each work day, 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 and approved by the City.
Personal vehicles of the Contractor's employees shall only be parked in an allowed area as delineated by the City, and shall not be parked on the traveled way at any time, including any section closed to public traffic.
Flashing Arrow Signs:
Each flashing arrow sign shall be solar powered, mounted on a truck or on a trailer and shall be capable of operating while the vehicle is moving or as directed by the City.
Signs mounted on the cab of a truck shall be mounted to provide a minimum of 7 feet between the bottom of the sign and the roadway. Signs mounted on a trailer, or on anything other than the cab of a truck, shall be mounted to provide a minimum of 8 feet between the bottom of the sign and the roadway.
The total weight of trailer mounted flashing arrow sign including the trailer, sign, power source and other components shall not exceed 1,500 pounds and the height of the level trailer bed shall be no higher than 21 inches above the roadway. The trailer shall be equipped with a minimum of 3 leveling jacks.
Alternative types of lamps may be used in flashing arrow signs if visibility is equal to the specified lamps. Each type AX flashing arrow sign shall be a minimum of 2 feet high and 4 feet wide, and shall be finished with flat black enamel. A minimum of 13 No.4414AX 12-volt, yellow or amber lamps shall be installed in the panel. The lamp configuration shall be for 3 arrowheads or an arrow shaft with 2 arrowheads, one pointing in each direction on the face of the sign with a minimum of 5 lamps forming each arrowhead. Each lamp shall be provided with a visor.
The lamp shall be activated by a switch on a control panel and shall be controlled by electronic circuitry to provide a minimum of 4 selectable modes of operation as follows:
1. Pass Left Mode, - Sequencing of lighted arrowheads or sequencing the lamps forming the arrow shaft and arrowhead to the left or a flashing left arrow with the lamps in the arrow shaft and arrowhead flashing on and off simultaneously.
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2. Pass Right Mode, - Sequencing of lighted arrowheads or sequencing the lamps forming the arrow shaft and arrowhead to the right or a flashing right arrow with the lamps in the arrow shaft and arrowhead flashing on and off simultaneously.
3. Simultaneous Mode, - Either the outside arrowheads pointing in opposite directions are continuously illuminated, except for the center lamp forming each arrowhead, while the arrow shaft lamps flash on and off simultaneously or the outside arrowhead pointing in opposite directions and the arrow shaft lamps all flash simultaneously to indicate passing on either side.
4. Travel Mode, - Travel or caution mode shall flash in a manner not resembling any other mode.
Lane Requirements:
There shall be a minimum of 5’ clearance from open excavations and two feet from other obstructions (curbs, k-rail, etc). All lanes shall be open to traffic during non-working hours.
The Contractor shall be required to use flashing arrow signs at all lane closures to direct travel and appropriate detour signing to control traffic through and/or around the construction area.
The Contractor will not be allowed to excavate a larger quantity of area (“digouts”) than can successfully be repaved in the same working day. No incomplete paving work will be allowed to remain during the hours designated as requiring “all” lanes open to traffic, except in specific instances in which a minor amount of area can safely be covered by approved means with non-skid steel plates, capable of carrying H-20 wheel loading, or patched with temporary AC to bring the excavation up to grade. Said temporary AC shall be ground down to permanent AC sub-grades and approved by the City prior to placement of any additional permanent AC.
Excavations of less than 4’ in width may be covered with non-skid steel plates capable of carrying H-20 wheel loading over the span of the excavation. Plates shall have a minimum width equal to the excavation width plus 24 inches and be securely fastened to the street surface. Asphalt fillers, a minimum of 6 inches wide shall be placed around the perimeter of the plate. When traffic is transferred to any type of temporary pavement surface good drivability of the surfaces shall be maintained and shall be subject to approval by the City prior to allowing traffic to be transferred upon it.
The Contractor shall also ensure that access to all side streets and driveways are maintained at all times. Work in front of or within driveways and side streets shall be conducted in a manner where at no time is access to property denied. Portions of driveway approaches that are not ready to be opened for traffic at the end of the workday shall be steel plated per the requirements noted in the previous paragraph. The Contractor shall use temporary AC surfacing at his own expense for traffic control as required to maintain traffic in a safe non-disruptive manner.
SECTION 6 - PROSECUTION AND PROGRESS OF WORK
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.
6-1.0 General. [Add the following section]:
The Contractor's proposed Construction Schedule shall be submitted to the Engineer within ten (10) working days after the date of the Notice of Award of 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
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delivered. The schedule shall establish the order of work which minimizes disruption of existing travel lanes.
Prior to issuing the Notice to Proceed, the Engineer will schedule a preconstruction meeting with the respective Contractor to review the proposed Construction Schedule and delivery dates, arrange the utility coordination, discuss construction methods, and clarify inspection procedures.
The Contractor shall submit periodic Progress Reports to the Engineer by the tenth day of each month. The report shall include an updated Construction Schedule. Any deviations from the original schedule shall be explained. Liquidated damages will be assessed pending receipt of any outstanding reports, as set forth in Section 6-9.1 below. 6-1.3 Construction Schedule (Critical Path Method) [Add the following section]:
The Contractor shall submit to the Engineer practicable critical path method (CPM) progress schedules in conformance with these Special Provisions. Whenever the term “schedule” is used in this section it shall mean CPM progress schedule illustrated by the Gantt Bar method. The schedule shall be prepared by qualified and experienced scheduling staff.
Schedules shall show the order in which the Contractor proposes to carry out the work with logical links between time-scaled work activities, and calculations made using the critical path method to determine the controlling operation or operations. The Contractor is responsible for assuring that all activity sequences are logical and that each schedule shows a coordinated plan for complete performance of the work.
The Contractor shall produce schedules using computer software and shall furnish compatible software for the Engineer’s exclusive possession and use. The Contractor shall furnish network diagrams, narrative reports, tabular reports and schedule data as parts of each schedule submittal.
The number of activities shall be sufficient to assure adequate planning of the Project, to permit monitoring and evaluation of progress, and to do an analysis of time impacts.
Schedule activities shall include the following:
A. A clear legible description.
B. Start and finish dates.
C. A duration of not less than one working day, except for event activities, and not more than 20 working days, unless otherwise authorized by the Engineer.
D. At least one predecessor and one successor activity, except for Project start and finish milestones.
E. Required constraints.
F. Codes for responsibility, stage, work shifts, location and contract pay item numbers.
The Contractor may show a scheduled completion date that is later than the Contract completion date on an update schedule, after the baseline schedule is accepted. The Contractor shall provide an explanation for a late scheduled completion date in the narrative report that is included with the schedule.
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The Engineer’s review and acceptance of schedules shall not waive any Contract requirements and shall not relieve the Contractor of any obligation thereunder or responsibility for submitting complete and accurate information. Schedules that are rejected shall be correct by the Contract and resubmitted to the Engineer within five (5) working days of notification by the Engineer, at which time a new review period of one week will begin.
Errors or omissions on schedules shall not relieve the contractor from finishing all work within the time limit specified for completion of the Contract. If, after, a schedule has been accepted by the Engineer, either the Contractor or the Engineer discovers that any aspect of the schedule has an error or omission, it shall be corrected by the Contractor on the next schedule.
Payment for the Project schedule and revisions/updates to the schedule shall be made under other items of work and no additional payment shall be made therefore. 6-1.4 Acceleration. [Add the following section]:
The City reserves the right to accelerate the work of the Contract at any time during its performance. In the event the City directs acceleration, such directive will be given to the Contractor in writing. The Contractor shall keep cost and other Project records related to the acceleration directive separately from the normal Project cost records and shall provide a written record of acceleration costs to the City on a daily basis.
In the event the Contractor believes that some action or inaction on the part of the City constitutes an acceleration directive, the Contractor shall immediately notify the City in writing that the Contractor considers the actions or inactions an acceleration directive. The Contractor shall not accelerate their work efforts until the City responds to the written notification. If acceleration is then directed or required by the City, all cost records referred to in the previous paragraph shall be maintained by the Contractor and provided to the City on a daily basis.
In order to recover additional costs due to acceleration, the Contractor must document that additional expenses were incurred and paid by the Contractor. Labor costs recoverable will only be overtime or shift premium costs or the cost of additional laborers brought to the site to accomplish the accelerated work effort. Equipment costs recoverable will only be the cost of added equipment mobilized to the site to accomplish the accelerated work effort. 6-2 PROSECUTION OF THE WORK [Replace the first sentence the following:] To minimize public inconvenience and possible hazard and to restore street and other work areas to their original condition and state of usefulness as soon as practicable, the Contractor shall diligent prosecute the Work to completion and ensure that the construction of ARHM or FRAC overlay for any given portion of the roadway is completed no later than two (2) working days following the cold-milling of the same portion of roadway. [Add to this section]
Construction Phasing/Scheduling Limitations:
• Construction Phasing:
o Contractor shall submit a construction phasing plan to the City for review and approval prior to starting work. Phasing plans shall be prepared in accordance with the phasing requirements and the conditions included in the project specifications.
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• Traffic Control:
o Traffic Control setup at each location shall confirm to CA-MUTCD (Latest Edition) requirements and typical applications and shall be maintained on a daily basis by the contractor.
• Resident Access:
o Contractor shall ensure that access is maintained in the morning and open by the end of each working day for each resident within the project limits. Working hours, as stated in Section 6-3, shall be maintained, and the contractor’s operations shall be phased in such a manner to allow full access to residents during non-working hours.
• Localized Concrete Improvements (Curb/Gutter, Ramps, etc.):
o All concrete improvements shall be completed prior to the start of any pavement grinding or reconstruction activities.
o Contractor’s operations shall be scheduled in such a way that no ramp or portion of sidewalk is left excavated, demolished, or formed over the weekend. o It shall be the contractor’s responsibility to properly barricade the work area during non-working hours and to set up appropriate pedestrian detour/signage until the work is completed
o Driveway access to each property shall be maintained at the end of each working day. Contractor shall ramp or plate the driveways to maintain access. • Reconstruction Roadway Sections:
o For roadways designated for reconstruction, phasing for each operation shall be scheduled as follows:
CMB installation shall be completed on the same day as the roadway demolition activities. No segment shall be left open overnight, and full access shall be maintained at the start and end of each working day. Base paving asphalt for roadway segments designated to be reconstructed shall be installed no later than 5 working days after the start of roadway demolition.
Finished course paving for roadway segments designated to be reconstructed shall be installed no later than 10 working days after the base course paving operations for the given segment.
• Grind and/or Overlay Roadway Sections:
o For roadways designated for grind and/or overlay, phasing for each operations shall be scheduled as follows:
o Pavement transitions at the edge of each ground area shall be installed at the end of each work day and maintained for the duration of the project.
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o Pavement dig outs and patching shall be completed within 5 working days of the start of the pavement grinding operations.
o Final paving shall be installed no later than 2 working days after the start of the pavement grinding operations.
• Slurry Seal Roadway Sections:
o For roadways designated for slurry seal, phasing for each operation shall be scheduled as follows:
Contractor shall first perform weed abatement and crack sealing on all roadway segments identified for slurry seal per the project specification requirements.
Contractor shall locate and remove distressed portions of pavement per “Roadway Patching – Slurry Portion” below. No segment of Roadway Patching shall be left open overnight, and full access shall be maintained at the start and end of each working day.
Cleaning, roadway preparations, application and finishing of the slurry seal shall occur the same day
• Roadway Patching – Mill & Overlay Portion:
o Roadway patching operations shall be scheduled PRIOR to the cold milling operations and prior to the final FRAC or ARHM overlay. o All localized roadway reconstruction patches shall be backfilled and compacted with base paving asphalt on the same day of excavation. No open excavations will be allowed at the end of the work day.
• Roadway Patching – Slurry Portion:
o Roadway patching operations shall be scheduled PRIOR to the final RAP Slurry Seal.
o All localized roadway reconstruction patches shall be paved and compacted with base paving asphalt on the same day of excavation. No open excavations will be allowed at the end of the work day.
• Asphalt Paving:
o Roadway closures on arterial streets will not be allowed. o Contractor to coordinate with City regarding pavement phasing and requested work limits.
o Roadway paving shall occur no later than 2 working days after the date of the cold milling operation.
6-3 TIME OF COMPLETION.
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6-3.1 General. [Add the following to this section]:
The time for completion shall be as set forth in the General Specifications. 6-3.1 General. [Add the following to this section]:
The time for completion shall be as set forth in the General Specifications. “The Contractor shall complete all work under the Contract within fifty (50) consecutive working days after the date on the Notice to Proceed.
The Contractor shall ensure the availability of all material prior to the start of work. Unavailability of material will not be sufficient reason to grant the Contractor an extension of time for 100 percent completion of work.”
Working Days. “Any City holiday, defined as January 1st, the third Monday in January (Martin Luther King Day), the third Monday in February (President's Day), the last Monday in May (Memorial Day), July 4th, the first Monday in September (Labor Day), November 11th (Veterans Day), the fourth Thursday and Friday in November (Thanksgiving and Friday after), December 24th through December 31st.”
Working Hours. Normal working hours are limited to 8:30 a.m. to 4:30 p.m., Monday through Friday.
The Contractor, subcontractors, suppliers, etc., shall not generate any noise at the work site, storage sites, staging areas, etc., before or after the normal working hours prescribed above.
Should the Contractor elect to work outside normal working hours, Contractor must first obtain special permission from the Engineer. The request may be for 4:30 p.m. to 6:30 p.m. on weekdays or 8:30 a.m. to 4:30 p.m. on Saturday only. A request for working during any of these hours must be made at least 72 hours in advance of the desired time period. A separate request must be made for each work shift. The Engineer reserves the right to deny any or all such requests. Additionally, the Contractor shall pay for supplemental inspection costs of $205.00 per hour when such time periods are approved.
6-3.2 Contract Time Accounting. [Add the following to this section]:
The Contractor's activities shall be confined to the hours between 8:30 AM and 4:30 PM, Monday through Friday, excluding holidays, unless otherwise specified. Slurry seal application operations, if any shall terminate no later than 1:30 PM of each working day or at the determination of the Engineer. Slurry seal application operations shall occur within two (2) days after scheduled trash pickup days. Work shall be prohibited any time on Saturday, Sunday or Federal Holidays except as provided herein. Deviation from these hours will not be permitted without the prior consent of the Engineer, except in emergencies involving immediate hazard to persons or property.
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 (premium time) including benefits, overhead, and travel time and are established based on the City’s current fee schedule or professional services agreement for construction inspection services. The service fees will be deducted from any amounts due the Contractor.
Construction activities during City Special Events may be restricted by City to exclude all or part of the work on primary arterial or access roads to the Special Events as determined by Engineer.
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The Contractor shall be responsible to ascertain the exact times of any such events within his proposed construction schedule which may restrict his operation and shall adjust his schedule accordingly. The construction restrictions shall only be for the actual days the events occur. All costs for maintaining traffic control, protection of work site and re-mobilization shall be deemed as included in the lump sum contract for their respective items and no additional compensation will be allowed.
6-3.3 Completion, Acceptance, and Warranty. [Add the following section]:
Work will be deemed completed on the same date when the Notice of Completion is recorded with the County of Orange.
6-4 DELAYS AND EXTENSIONS OF TIME
6-4.1 General [Add the following to the end of this section:] No time extension shall be granted unless the claimed delay meets each and every of the following conditions:
(a) The delay was caused by unforeseen events and was beyond the control of Contractor and its subcontractors and material suppliers;
(b) The delay was caused by events of which Contractor was not advised at or before the time of bidding;
(c) The delay impacted and delayed (i) the controlling items of Work (i.e., the as-built critical path, as determined from the as-planned schedule and the actual progress of the Work), or (ii) the Completion of the whole Work within the Contract time; (d) The delay was not caused by Contractor or its subcontractors or suppliers, including but not limited to their breaches of contract or the standard of care; (e) The delay was not associated with loss of time resulting from the necessity of submittals to CITY for approval, or from necessary CITY surveys, measurements, inspections and testing; (f) The delay was not caused by usual or common weather for the time of year, including usual or common severe weather; and
(g) The delay could not have been prevented by the exercise of care, prudence, foresight, and diligence by Contractor.
Excusable delays may include acts of God, acts of public enemy, acts of the Owner or anyone employed by it, acts of another contractor in performance of a contract (other than this Contract) with the CITY, fires, floods, epidemics, quarantine restrictions, labor disputes, unusually and uncommonly severe weather for the time of year, unforeseen site conditions, or delays of subcontractors due to such causes. CITY shall take into consideration other relevant factors such as concurrent delays.
Contractor has the burden of proving that any delay was excusable, including but not limited to an analysis that establishes no concurrency.
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No extension of time will be granted for an excusable delay caused by a shortage of materials unless the Contractor furnishes to the Engineer documentary proof that the Contractor has made every effort to obtain the materials from all known sources within reasonable reach of the Work in a diligent and timely manner, and further proof in the form of supplementary progress schedules that the inability to obtain the materials when originally planned did in fact cause a delay in final Completion of the entire Work which could not be compensated for by revising the sequence of the Contractor's operations. The term "shortage of materials" shall apply only to materials, articles, parts or equipment which are standard items and are to be incorporated in the Work. The term "shortage of materials" shall not apply to materials, parts, articles or equipment which are processed, made, constructed, fabricated or manufactured to meet the specific requirements of the contract. Only the physical shortage of material will be considered under these provisions as a cause for extension of time. Delays in obtaining materials due to priority in filling orders will not constitute a shortage of materials. 6-4.3 Payment for Delays [Replace paragraph with the following:] To be compensable, an excusable delay must be one for which the CITY is responsible, where the delay was unreasonable under the circumstances involved, and where the delay was not within the contemplation of the parties; however, Contractor shall not be entitled to monetary compensation when (a) Contractor could have reasonably anticipated the delay and avoided or minimized the cost impacts of it, such as judicious handling of forces, equipment, or plant, (b) there was a concurrent delay which does not qualify for monetary compensation under this paragraph, (c) the cause of the delay was reasonably unforeseen by the CITY or the delay was caused by factors beyond the control of the CITY, including but not limited to a delay under Section 2.2.8 above or a delay caused by a utility company’s failure to perform despite CITY’s reasonable arrangements for such performance; or (d) any other defense available to CITY under law or equity applies. Contractor has the burden of proving that any delay was excusable and compensable, including an analysis that establishes non-concurrency.
The Contractor may not seek damages for delay of a planned Completion of the Work before the contractual deadline for Completion of the Work.
6-9 LIQUIDATED DAMAGES. [Add the following to this section]:
It is agreed by the parties to the Contract that time is of the essence and that in the case that all the work is not complete before or upon the expiration of the time limit set forth, damage will be sustained by the City. For each consecutive calendar day in excess of the time specified for the completion of the work, the Contractor shall pay to the City $2,500.00. In addition, the City shall have the right to charge to the Contractor and to deduct from payments for the work the actual cost to the City of engineering, inspection, superintendence, and other overhead expenses, which are directly chargeable to the Contract and which accrue during the period of such delay. The expenses and damages described above shall be deducted from any money due the Contractor under this contract. The Contractor and his sureties shall be liable for any excess cost. 6-9.1 Additional Liquidated Damages. [Add the following section]:
Additional liquidated damages will also be assessed in the amount of $500.00 per calendar day for failure to follow a construction schedule or timely submit periodic progress reports as described in Section 6 of these Special Provisions.
Additional liquidated damages will also be assessed in the amount of $500.00 per calendar day for failure to mobilize to the Project site within 10 working days of the date of the Notice of Proceed as specified in these Special Provisions.
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Additional liquidated damages shall be assessed in the amount of $1,000.00 per day for failure to complete adjustment of the manhole covers to grade within the time limits specified in Section 302-5.8 of these Special Provisions.
Additional liquidated damages shall be assessed in the amount of $1,000.00 per day for failure to restore damaged utilities within three (3) working days as specified in Section 5 of these Special Provisions.
Additional liquidated damages shall be assessed in the amount of $1,000.00 per day for failure to pave any portion of street after cold milling within the time limits specified in Section 302-1 of these Special Provisions.
Additional liquidated damages shall be assessed in the amount of $1,000.00 per day for failure to stripe any portion of street after slurry seal operations / asphalt overlay operations within the time limits specified in Section 314 of these Special Provisions.
Additional liquidated damages shall be assessed in the amount of $1,000.00 per day for failure to slurry seal entire street (including access windows) once any portion of that street is slurry sealed within the time limits specified in Section 302 of these Special Provisions.
Additional liquidated damages shall be assessed in the amount of $1,000.00 per day for failure to place concrete sidewalk and/or curb ramps after demolition of said concrete within the time limits specified in Section 303-5.1.1 of these Special Provisions.
Additional liquidated damages shall be assessed in the amount of $500.00 per incident that the Contractor reduces the traveled way width beyond the hours specified in Section 7-10 of these Special Provisions without written authorization from the City.
Additional liquidated damages shall be assessed in the amount of $500.00 per day for failure to comply with, or implement, or maintain the Storm Water Pollution Protection Plan (SWPPP) or Water Pollution Control Plan (WPCP), as required, by the City’s NPDES permit with the Santa Ana or San Diego Regional Water Quality Board.
Additional liquidated damages shall be assessed in the amount of $500.00 per incident that the Contractor fails to install the Best Management Practices (BMP's) within 24 hours of notification as described in Section 7-8.6.2 of the Special Provisions.
SECTION 7 - MEASUREMENT AND PAYMENT
7-3 PAYMENT.
7-3.2 Partial and Final Payment. [Add the following to this section]:
The closure date for periodic progress payments will be five (5) working days prior to the first Monday of each month. The final progress payment will not be released until the Contractor returns the control set of Plans and Specifications showing the as-constructed conditions. The City shall withhold from the final payment $15,000 in the event that the Contractor fails to return the control set of Plans and Specifications showing the as-constructed conditions.
SUBSTITUTION OF SECURITIES
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In conformance with Public Contract Code Section 22300, the Contractor may substitute securities for any monies withheld by the City to ensure performance under the Contract Agreement.
At the request and expense of the Contractor, the Contractor has the option to deposit securities, which have been approved by the City, and deposited with a State or Federally chartered bank as the escrow agent. Said securities will be used as a substitute for retention earnings required to be withheld by the City, pursuant to the construction contract. The Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive interest thereon. Said securities shall have no obligation to any other construction contract for substitution of securities in lieu of retention. When the Contractor deposits the City approved securities with the escrow agent, the escrow agent shall notify the City within 10 calendar days of the deposit.
Said securities shall be evaluated quarterly by the escrow agent to verify the current market value.
If the current market value of said securities falls below the required amount, the escrow agent shall notify the Contractor and require additional securities and/or cash to be submitted for City approval, and be held in the escrow account to meet the Contractor's obligations. Said securities shall be held by the escrow agent until such time as the escrow agent receives written notification from the City that the Contractor has satisfactorily completed his contract obligations.
Alternatively, the Contractor may request and the City shall make payment of retention earned directly to the escrow agent at the expense of the Contractor. The Contractor may direct the investment of the payment into securities and the Contractor shall receive the interest earned on the investments upon the same terms provided for securities deposited by the Contractor.
The type of securities deposited and the method of release shall be approved by the City Attorney's office.
The full five percent (5%) retention will be deducted from all payments. The City shall hold retainage from the Contractor and shall make prompt and regular incremental acceptances of portions, as determined by the City, of the Contract work, and pay retainage to the Contractor based on these acceptances. The Contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the Contract work by the City. Federal law (49 CFR Section 26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the City’s prior written approval. Any violation of this provision shall subject the violating Contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code.
These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the Contractor, deficient subcontract performance, or noncompliance by a subcontractor.
The final retention will be authorized for payment thirty-five (35) days after the date of recordation of the Notice of Completion. . The City may withhold from release of the final retention amounts authorized under Public Contracts Code Section 7107 and/or 125% of amounts identified in any Stop Notices received by the City.
7-3.3 Delivered Materials. [Add the following to this section]:
Materials and equipment delivered but not incorporated into the work shall not be included in the estimate for progress payment.
7-3.4 Mobilization. [Add the following to this section]:
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Mobilization shall consist of preparatory work and operations, including but not limited to those necessary for the movement of personnel, equipment, supplies, and incidentals to the Project site; for the establishment of all offices, buildings and other facilities necessary for the work on this Project; and for all other work and operations which must be performed or cost incurred prior to beginning work on the various contract items on the Project site. Mobilization is deemed to include all aspects of mobilization and de-mobilization work occurring during the life of the Project for any reason.
Full compensation for mobilization shall be included in the Contract LUMP SUM price bid for Mobilization and shall include full compensation for all costs incurred by the Contractor for doing all the work involved in mobilization as specified herein, and no additional compensation will be allowed. Mobilization shall not exceed 5% of the entire bid, excluding mobilization and as shown in the Proposal Bid Sheet.
7-3.5 Contract Unit Prices
7-3.5.1 General. [Replace with the following]:
If a change is ordered in an item of work covered by a Contract Unit Price, and such change does not involve substantial change in character of the work from that shown on the Plans or specified in the Specifications, then no adjustment in payment will be made regardless of the quantity of work performed.
If a change is ordered in an item of work covered by a Contract Unit Price, and such change does involve a substantial change in the character of the work from that shown on the Plans or specified in the Specifications, an adjustment in payment will be made per 7-3.7. 7-3.5.2 [Delete entire section]
7-3.5.3 [Delete entire Section]
7-3.7 Agreed Prices. [Replace with the following]:
Agreed Prices are prices for new or unforeseen work established by mutual agreement between the Contractor and the Agency. If mutual agreement cannot be reached, the Engineer may direct the Contractor to proceed on the basis of Extra Work in accordance with Section 7-4. 7-4 PAYMENT FOR EXTRA WORK.
7-4.2 Basis for Establishing Costs.
7-4.2.1 Labor [Amend as follows]:
Delete “Workers Compensation Insurance and Liability Insurance” from the “employer payments” in the first paragraph.
7-4.3 Markup.
7-4.3.1 Work by the Contractor. [Replace with the following]:
The following percentages shall be the maximum added to the Contractor’s costs and shall constitute the markup for all overhead, profits, Workers Compensation Insurance & Liability Insurance;
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1) Labor 20
2) Materials 15
3) Equipment Rental 15
4) Other Items and Expenditures 15
To the sum of the Costs and markups provided for this subsection, one percent shall be added as compensation for bonding. In any event, notwithstanding the above markups, the total labor mark-up shall not exceed 33% of the base labor hourly pay rate. No additional compensation shall be allowed.
7-4.3.2 Work by a Subcontractor. [Replace with the following]:
When all or any part of the extra work is performed by a Subcontractor, the markup established in 7-4.3.1 shall be applied to the Subcontractor’s actual cost of work. A markup of ten percent (10%) on the first $5,000 of the subcontracted portion of the extra work and a markup of five percent (5%) on work added in excess of $5,000 of the subcontracted portion of the extra work may be added by the Contractor.
The markups mentioned hereinafter shall include, but are not limited to, all costs for all forms of insurance and the services of superintendents, project managers, timekeepers and other personnel not working directly on the change order and pickup or yard trucks used by the above personnel. These costs shall be reported as labor or equipment elsewhere except when actually performing work directly on the change order and then shall only be reported at the labor classification of the work performed.
SECTION 9 – FACILITIES FOR CONTRACT PERSONNEL. [Add this section]:
9-1 EXTENDED FIELD OFFICE OVERHEAD COST.
Within fourteen (14) calendar days after receipt of the Notice to Proceed, the Contractor shall submit written statement to the City detailing its field office overhead costs which are time related.
The City will review this first cost submittal and reach a written agreement with the Contractor on a daily field office overhead cost rate which shall be memorialized in a no cost change order. The daily rate agreed to in this change order will be applicable throughout the duration of the Contract.
No field office costs will be paid until such an agreement is reached between the City and the Contractor and the change order concerning this daily rate is executed by both parties. Progress payments will be withheld pending receipt of the above-referenced cost submittal and executed change order.
The individual cost components of the daily field office overhead rate shall represent costs which increase as a direct result of any time extension caused solely and exclusively by an act or omission of the City. This listing may include such cost items as on-site project management, supervision, Engineering and clerical salaries; on-site utilities and rent; on-site company vehicles and their operating expenses; and site maintenance and security expenses. Field office overhead costs which are unaffected by increased time shall not be allowable cost in calculating the daily field office overhead rate. These non-time related costs include, but are not limited to, acquisition and installation of stationary equipment; temporary construction facilities; utilities and office furnishings (unless such items are rented or leased); the preparation of the site including clearing, grubbing, grading, fencing, mobilizations and demobilization costs; and the costs of permits, bonds and insurance coverage for the Project.
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The individual wage cost components used to calculate the daily field office rate shall be supported by actual employee payroll records, not salary ranges or estimates. Hourly rates for management, supervisory, engineering, and clerical employees shall be based upon 2080 work hours per year and shall not include allowances for holidays, vacations, or sick time.
When applicable, the daily field office overhead rate shall be multiplied by the number of days the Contract is delayed or extended by change order and shall be added to the agreed upon change order cost. The days of delay shall be those caused solely by the acts or omissions of the City and documented by a time impact analysis prepared and submitted by the Contractor. In the event a deductive change order is issued which reduces time under the Contract, the daily field office overhead rate shall be used to calculate the deductive amount. No allowance for overhead costs and no profit allowance shall be added to the extended field office overhead cost.
SECTION 10 - RESPONSIBILITIES OF THE CONTRACTOR [Add this section]:
10-1 CONTRACTOR'S EQUIPMENT AND FACILITIES.
10-1.1 General.
Conduct of the Work. The Contractor shall behave, at all times, in a courteous, professional manner. While on site, or entering or exiting the site, there shall be no extraneous activity that might cause disruption to the Project site, surrounding areas, or residents. Failure to comply may result in the suspension of work, or removal of contractor’s staff from the Project.
Noise Levels. A noise level limit of 86 dbA at a distance of fifty feet (50') shall apply to all construction equipment on or related to the job whether owned by the Contractor or not. The use of excessively loud warning signals shall be avoided except in those cases required for the protection of personnel.
10-2 COOPERATION AND COLLATERAL WORK.
The Contractor is advised as to the possibility of other construction projects within the proposed construction zone by the City, other governing agencies or private enterprises. In the event of such projects, the Contractor shall coordinate with the applicable parties as to the extent of any time required to complete their work and shall schedule its work and conduct its operations so as to permit access and time as required for the concurrent work. The Contractor shall immediately notify the City Engineer in the event of a delay in scheduling caused solely by this concurrent work. Payment for the above, if any, shall be deemed as included in the items of work as shown on the proposal bid sheet and no additional compensation will be allowed. 10-3 PROJECT SITE MAINTENANCE.
10-3.1 Cleanup and Dust Control.
The Contractor shall keep adjacent properties clean and free of rubbish and debris in a timely manner as necessary and/or as directed by the Engineer.
The Contractor shall implement effective handling, storage, usage, and disposal practices to control material pollution and manage waste and nonstormwater at the job site before they come in contact with storm drain systems and receiving waters. 10-3.1.1 Construction Cleaning [Add the following section]:
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The Contractor shall:
(a) Initiate and maintain a daily program to prevent accumulation of debris on-site and along access roads and haul routes. Maintain areas under Contractor's control free of waste materials, debris, weeds 6” high, and rubbish. Maintain site in a clean and orderly condition. (b) Provide suitable covered containers for deposit of debris and rubbish. Dispose of accumulation of extraneous materials, prohibit overloading of trucks to prevent spillages on access and haul routes and provide daily inspection of haul routes to enforce requirements. (c) The Contractor shall supply self-loading motorized street sweepers equipped with a functional water spray system as part of his daily program. (d) Schedule at a minimum, weekly collection and disposal of debris. Provide additional collections and disposals of debris whenever the weekly schedule is inadequate to prevent accumulation.
The Contractor shall remove debris from closed or remote spaces prior to closing the space, control cleaning operations to minimize dust and other particulates and immediately remove clay and earth which adhere to the paved surface of the roadway. Remove by hand scraping, washing, sweeping, and/or other method(s) which will leave a clean non-skid surface without impairing, injuring or loosening the surface.
The Contractor is required to control dust throughout the life of the Contract. The control may be required by job conditions or City Engineer. In any case, the Contractor shall use water or other means to control the dust. No chemical agents may be used without written authorization from the Agency. The Contractor shall be solely responsible for safety problems, accidents or any other complications or claims arising from inadequate dust control.
No separate payment will be made for any work performed or material used to control dust resulting from the Contractor's performance of the work, or by public traffic, either inside or outside the right-of-way. Full compensation for such dust control will be considered as included in the price paid for the various items of work involved.
No separate payment will be made for any work performed or material used in cleaning the Project. Full compensation for such cleaning shall be considered as included in the price paid for the various items of work involved and no additional compensation will be allowed therefore. 10-4 WATER POLLUTION CONTROL
10-4.1 Best Management Practices (BMPs)
Per the Federal Clean Water Act, the Contractor is required to eliminate pollution to waters of the United States in regards to this Project. This Project will require the Contractor to implement “Best Management Practices”.
The Contractor shall submit a Water Pollution Control Plan (WPCP) as detailed in Appendix A.
The Contractor shall confirm that all of the Best Management Practices (BMP’s) have been adequately detailed that addresses his or her anticipated construction operations and meets the intent of the NPDES requirements. The Contractor shall obtain a Notice of Intent (NOI) from the State Water Resources Control Board and pay all related fees. The NOI shall be submitted as part of the WPCP. After the Notice of Award, the Contractor shall submit to the City a finalized
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and signed WPCP, which establishes the construction BMP requirements, for review and approval. No work will be allowed to begin without an approved WPCP on file with the City.
The Contractor shall utilize Best Management Practices (BMP’s) outlined in the WPCP during construction to ensure that sediment from storm runoff and construction activities does not enter storm drains. Some of the primary Water Pollution Control measures anticipated for this Project include, but are not limited to, covering all storm drain inlets in the Project vicinity with water permeable fabric and gravel bags prior to performing any adjacent AC grinding, removal or paving operations or PCC ramp lip grinding; properly fueling and cleaning all equipment/vehicles; maintaining an ample supply of gravel/sand bags on-hand when excavating new PCC sidewalk/ramp/curb/gutter improvements in the event of rain; properly containing all PCC treatment materials such as the coloring agents, exposed aggregate etching chemicals and surface treatment chemicals required to install the detectable warning mats; properly covering all incoming material trucks and all out going debris hauling vehicles; providing restroom facilities for workers; and regular street sweeping of the work area and haul routes to the satisfaction of the Owner’s Representative.
The requirements of all of the following agencies shall be met and maintained and where there is a conflict between requirements, the most stringent requirement shall govern.
1. San Diego Regional Water Quality Control Board
2. Santa Ana Regional Water Quality Control Board
3. County of Orange
10-4.1.2 Payment
Full compensation for conforming to Subsection 7-8.6, including providing all necessary Best Management Practices shall be considered as included in the Contract LUMP SUM price for Best Management Practices and shall include finalizing and implementing the WPCP in accordance with the “Draft” WPCP and as detailed herein, and shall include full compensation for encroachment permit processing as related to the WPCP, furnishing all labor, tools, materials, and incidentals for implementing said approved / finalized WPCP. 10-5 TRAFFIC CONTROL PLAN (TCP).
It shall be the Contractor's responsibility to furnish a detailed traffic control plan prepared and stamped/signed by a licensed civil or traffic engineer licensed in the State of California for City approval. Detours shall be in accordance with Caltrans standards. The Contractor shall submit detailed drawings of any proposed detour(s)/lane closures to the City Engineer for approval prior to the commencement of work. The traffic control plans shall be submitted to the City for review and approval within 10 working days after the date of the Notice of Award. 10-5.1 Payment.
The Contract LUMP SUM price bid for the Traffic Control bid item shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the traffic control related work involving placing, removing, storing, maintaining, moving to new locations, replacing and disposing of the components of traffic control system as specified in the Standard Specifications and these specifications and as directed by the City. The lump sum price shall also include steel plates and temporary AC including installation and removal; all associated temporary signing and striping; flashing arrow signs; flagging and/or flagmen costs; night work; Project
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notifications; and changeable message signs at the Project site, and no additional compensation will be made therefore.
10-6 CONTRACTORS RESPONSIBILITIES FOR WORK
Until Acceptance of the Work, the Contractor shall have the responsibility, charge and care of the Work and of the materials to be used therein (including materials for which it has received partial payment or materials which have been furnished by the City) and shall bear the risk of injury, loss or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the Work.
The Contractor shall rebuild, repair, restore, and make good all injuries, losses, or damages to any portion of the work or the material occasioned by any cause before its completion and acceptance and shall bear the expense thereof. Where necessary to protect the work or materials from damage, the Contractor shall at his expense provide suitable drainage and erect such temporary structures as are necessary to protect the work or materials from damage. The suspension of the work from any cause whatever shall not relieve the Contractor of his responsibility for the work and materials as herein specified. If ordered by the City Engineer, the Contractor shall at his expense properly store materials which have been partially paid for by the City or which have been furnished by the City.
Such storage by the Contractor shall be on behalf of the City, the City shall at all times be entitled to the possession of such materials, and the Contractor shall promptly return the same to the site of the work when requested. The Contractor shall not dispose of any of the materials so stored, except on written authorization from the City.
In an emergency affecting the safety of life or property, including adjoining property, the Contractor, without special instructions or authorizations, is authorized to act at his discretion to prevent such threatened loss or injury, and he shall so act as though instructed to do so by the City.
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PART 2 - CONSTRUCTION MATERIALS
SECTION 200 – ROCK MATERIALS
200-1 ROCK PRODUCTS.
200-1.1 General. [Add the following to this section]:
Alternate Rock Material - Type "S" is specified unless otherwise indicated.
The weight loss as determined by ASTM C131, shall not exceed 15 percent during 100 revolutions nor 52 percent during 500 revolutions.
Specified gradations represent the limits which determine the suitability of aggregate for use.
Actual gradation shall be uniformly graded from coarse through fine, remaining proportionately distant from these limits
Coarse aggregate is material retained on the No. 4 (4.75 mm) sieve and fine aggregate is material passing the No. 4 (4.75 mm) sieve.
Materials may be sampled at any time until final formal acceptable of the Work. 200-1.1.3 Source. [Add the following section]:
Before beginning Portland cement concrete, asphalt concrete, and slurry seal work, the Contractor shall submit the name of the supplier to the Engineer as specified in 3-8. The supplier shall have on file with the Agency mix designs for Porland cement concrete conforming to 201-
1.1, asphalt concrete conforming to 203-6.2, and slurry seal conforming to 203-5.4.2, when required by Specifications.
200-1.1.2 Statistical Testing. [Add the following to this section]:
Whenever the results of an individual test for any property of a material, other than concrete compressive strength, does not comply with the limits specified for the moving average should the next test be of the same value as that of the test being considered, the production of that material shall be suspended until corrective changes have been made by the Contractor and test indicate that the quality of the next material to be used in the work complies with that specified moving average.
SECTION 201 – CONCRETE, MORTAR, AND RELATED MATERIALS
201-1 PORTLAND CEMENT CONCRETE.
201-1.1 Requirements.
201-1.1.1 General. [Add the following to this section]:
The same brand, type and source of cement and aggregate shall be used for all Portland Cement Concrete. All concrete used on the Project shall be 560-C-3250. Type V cement shall be used. 201-1.2 Materials.
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201-1.2.1 Cement. [Add the following]:
Portland cement shall be Type II or Type V.
201-1.2.5.3 Fly Ash. [Delete this Section and Add the following]:
Fly ash shall not be used.
201-2 REINFORCEMENT FOR CONCRETE.
201-2.2 Steel Reinforcement. [Add the following]:
All reinforcing steel shall be Grade 60 unless otherwise shown on Plans.
SECTION 203 - BITUMINOUS MATERIALS
203-5.2 Mix Design. [Add the following to this section]:
The tests and mix design shall be performed by a laboratory capable of performing the applicable ASTM tests. The original laboratory report shall be signed by the laboratory that performed the tests/mix design and shall show the results of the tests on individual materials, comparing the test results to those required by the applicable ASTM tests. The laboratory shall report the quantitative effects of moisture content on the unit weight of the aggregate (bulking effect). The report shall clearly show the proportions of aggregate, filler (as determined from the tests, minimum and maximum), water (minimum and maximum), the design proportions of each component including additives, all test results used in producing the mix design and asphalt solids content based on the dry weight of aggregate and set-control agent usage. The Contractor shall submit for City approval the source of the rock and the gradation.
Prior to the time of delivery of each shipment of emulsified asphalt, the Contractor shall submit to the City test reports and certifications in accordance with Section 203-1.3 of the Standard Specifications. At the time of delivery of each shipment of aggregate, he shall also submit test reports from his vendors. No material shall be utilized until the certified reports have been checked by the City. Delays by the Contractor in furnishing the reports will not be grounds for any extension of Contract time.
The Agency will require up to 10 working days, from the time of receipt of the mix design, for evaluation of the material characteristics. This mix design will be used for the trial batches and test strips as described in Section 302-4.4.
203-5.4.2.1 Aggregate. [Add the following to this section]:
The grading of the combined aggregate and the percentage of emulsified asphalt shall be Type II and shall conform to the requirements indicated in Table 203-5.4.2.2.
Aggregate shall be dark in color from one material source. 203-5.4.2.4 Latex. [Add the following to this section]:
The emulsified asphalt shall have an additive of latex Ultra Pave 65K or approved equal. The latex shall be added at the emulsion plant after weighing the asphalt and before the addition of mixing water. The latex shall be added at a rate of two (2) percent of the weight of the emulsified
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asphalt. The cost for the latex additive shall be included in the unit price bid for Type II Slurry Seal.
203-6 ASPHALT CONCRETE.
203-6.1 General. [Add the following to the end of the subsection:] Asphalt concrete shall conform to the provisions of Subsection 400-1 "Rock Products" and Subsection 400-4 "Asphalt Concrete" as modified by Orange County Public Works Standard Plan 1805 and herein. The viscosity grade of paving asphalt shall be PG 64-10. The mix designs and asphalt content shall be as follows:
5.8% ½" (III-C-3) Surface Course
5.4% ¾" (III-B-2) Base Course
6.8% ⅜" (III-D) Leveling Course, Miscellaneous AC Placement (hand patching) Composition and Grading
The Contractor shall submit a Job Mix Formula (JMF) for review by the City for each source of supply and type of mixture specified. The JMF shall indicate the percentage aggregate passing each specified sieve size and the percent paving asphalt to be used for each asphalt concrete mixture incorporated in the work.
The aggregate and paving asphalt portions of the mixture produced shall not vary from the JMF by more than the tolerances, which follow, but in any case the allowed tolerance is also restricted to conform to the master grading ranges.
Sieve Size Percent by Weight
No. 4 and larger ±6
No. 30 ±5
No. 200 ±2
Paving Asphalt Material ±0.3
Sampling and Testing
The City Engineer shall have the right to obtain samples of all materials to be used in the work and to test such samples for the purpose of determining specification compliance. The primary sampling point by the testing laboratory will be at the project at the paving machine ahead of all rollers. Other testing may be at the job site, plant, or in trucks as determined by the City Engineer.
Materials that failed the tests shall be replaced by the Contractor, and retesting for specifications compliance shall be at the Contractor's expense
The aggregate and mix to be incorporated into the work shall conform to the following quality requirements:
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Test Test Results
Loss in LA Rattler per California Test 211 (after 500 revolutions) 45% maximum Sand Equivalent per California Test 217 45 minimum
Stabiliometer Value per California Test 366 35 minimum
Air Voids Content (mix) % 3% minimum to 5% maximum
203-11 ASPHALT RUBBER HOT MIX (ARHM).
203-11.1 General. [Add the following]:
Mix design shall be Type ARHM-GG-C (Wet Process). The emulsified asphalt shall have an additive of latex Ultra Pave 65K or approved equal. The latex shall be added at the emulsion plant after weighing the asphalt and before the addition of mixing water. The latex shall be added at a rate of two (2) percent of the weight of the emulsified asphalt. 203-11.2.3.1 General. [Replace the entire first paragraph as follows:] CRM shall only consist of California-generated waste tires, processed in California, and shall conform to the chemical analysis requirements shown in Table 203.11.2.3.1 (A). High natural CRM shall NOT be used on this project, and any references to high natural CRM in the Greenbook specifications shall not apply. Asphalt rubber binder shall contain a minimum of 300 pounds (equivalent to 15 percent by weight) of tire-derived crumb rubber per ton of rubberized binder.
The binder may be either asphalt rubber/field blend or terminal blend. A Certificate of Compliance shall be furnished to the Engineer prior to construction containing a statement confirming conformance with these requirements.
SECTION 206 – MISCELLANEOUS METAL ITEMS [add the following section]:
206-7 TRAFFIC SIGNS.
206-7.1 General.
Traffic signs shall conform to Section 82 “Signs and Markers” of the Caltrans Standard Specifications.
206-7.2 Submittals.
The Contractor shall, in accordance with 3-8, submit shop drawings which show details, dimensions, sizes of material, manufacturer’s written material certificate of compliance, installation instructions, and all information and data necessary for the fabrication and installation of the traffic sign panels and mounting posts.
SECTION 211 - MATERIAL TESTS
211-1 COMPACTION TESTS
211-1.1 Laboratory Maximum Density [Replace with the following:]
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Laboratory maximum density tests shall be performed in accordance with Test Method No. Calif. 216G, Part II. The correction for oversized material as stated in Test Method No. Calif. 216 shall be replaced with Note 2 of ASTM D1557.
Proposed off-site fill material shall be inspected, tested and laboratory report issued prior to use in the work. Suitable excavated materials removed to accommodate new construction may be used as fill material subject to Soils Engineer's inspection and approval. 211-1.2 Field Density. [Add the following to this section]:
Field density tests will be made by the Engineer during the course of construction at the expense of the CITY. If field density tests indicate that any portion of the compacted sub-grade has density lower than that specified, the Contractor shall rework that portion until the specified density is obtained. Retest of areas, which have failed compaction, will be performed by the Engineer at the Contractor's expense.
SECTION 214 – TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT MARKERS [Replace the entire Section with the following]:
214-1 GENERAL.
Traffic stripes and pavement markings shall conform to the State Standard Specifications as described in these specifications.
SECTION 215 – ADDITIONAL ITEMS [Add the following Section]:
215-2 PUBLIC IMPROVEMENT PROJECT SIGNS
215-2.1 General.
The Public Improvement Project Signs shall be in accordance to the specifications set forth in the Section.
215-2.2 Sign Specifications.
Each Public Improvement Project Sign shall be manufactured in accordance with the following:
a) Size: 4 feet tall by 8 feet wide with at least a 7-foot clearance above ground level b) Materials: ¾-inch (exterior type) plywood (C-C EXT-DFPA grade) c) Support: 4-inch by 4-inch by 11-foot posts
d) Mounting: Frame shall be constructed using 2-inch by 6-inch by 8-foot skids centered on each post with a 2-inch by 4-inch by 5 feet 6 inch - 45 degrees brace for each skid and a 2-inch by 6-inch cross strut between the bottom of the posts all of bolted construction. Plywood panel shall be mounted using ¼- inch by 5-inch carriage bolts at 16 inch (max.) OC.
e) Paint:
a. Panel Face: Three coats outdoor enamel (sprayed)
b. Panel Rear and Frame: Two coats outdoor enamel (sprayed) f) Color Stark White background and Green lettering
g) Lettering: Silk screen enamels, Helvetica medium
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h) Text:
MAJOR ROAD CONSTRUCTION
<<PROJECT NAME>>
<<PROJECT LIMITS>>
<<MONTH YEAR>> TO <<MONTH YEAR>>
EXPECT DELAYS
USE ALTERNATE ROUTES
i) Location: The signs shall be placed within the parkway, as directed by the Engineer, one (1) at each end of the Project limits.
j) Disposition: After the Notice of Completion is issued, the sign shall become the property of the Contractor and he shall dispose the sign at no expense to the City. 215-2.3 Submittals.
The Contractor shall, in accordance with Section 215-2.2 of these Special Provisions Specifications, submit to the City, for review and approval, shop drawings which show details, dimensions, sizes of material, manufacturer’s written material certificate of compliance, and all information and data necessary for the fabrication and installation of the Public Improvement Project Signs.
215-2.4 Payment.
Public Improvement Project Sign shall be measured and paid for per EACH sign installed. The Contact unit price shown in the bid schedule shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all work involved and no additional compensation will be allowed.
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PART 3 - CONSTRUCTION METHODS
SECTION 300 EARTHWORK
300-1 CLEARING AND GRUBBING
300-1.1 General. [Add the following to this section]:
In addition to the work outlined in Subsection 300-1 of the Standard Specifications, the following items of work are included under Clearing and Grubbing unless otherwise covered by a specific bid item.
1. Mobilization work and operations per Subsection 7-3.4.
2. Documentation of existing conditions per Subsection 300-1.2 of these specifications.
3. Hand removal and disposal of all vegetation, trees, tree roots, trash and other objectionable material from the affected portion of the project and areas adjoining thereto.
4. Maintain dust control at all times by sweeping; including developing a water supply and furnishing and placing all water required for work done in the contract, including water used for extra work and water used for irrigation purposes.
5. Protection of utilities, trees, shrubs, fences, walls, and other facilities within the construction zone, except those specifically directed by the Engineer to be removed or relocated.
6. Daily cleanup work site including streets, sidewalks and driveways. Daily litter removal.
Daily and as needed street sweeping as specified herein. Recycling of waste materials and provisions for refuse containers from CR&R.
7. Clearing and removal of debris from site of work.
8. Removal of structures, as directed by Engineer to be removed or abandoned.
9. Delay in work necessary to accommodate utility relocations by others.
10. Other items of work as directed in these specifications. 300-1.1.1 Preservation of Property. [Add the following section]:
Prior to start of demolition, the Contractor shall document existing conditions adjoining Project limits to establish preconstruction conditions that might be misconstrued as damage caused by site clearing. Contractor shall use sufficiently detailed photographs and videotape to document existing conditions of any damage. Contractor shall provide photographs and videotape to the Engineer upon request. Payment for this work shall be included in all other items of work and no additional compensation will be allowed.
300-1.2.1 Removal and Disposal of Materials. [Add the following section]:
All materials removed, except for materials indicated to be relocated or salvaged, become the property of the Contractor and shall be hauled to and lawfully disposed of at a site secured by the Contractor. The Contractor will provide the Engineer with a letter indicating the final disposition of materials hauled away and disposed offsite from the Project within five (5) working days after Project completion. No removed materials shall be left within the Project limits overnight.
Any existing irrigation system interfering with construction of new improvements shall be removed and relocated. Payment for removal and relocation of interfering existing irrigation system will be
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considered as included in the item of work interfering with the existing irrigation system and no additional compensation will be allowed.
Any curb drain or parkway drain within limits of removal shall be removed and replaced in kind.
Payment for removal and reconstruction or curb drain and parkway drain will be considered as included in the item of work removing the adjacent curb or sidewalk and no additional compensation will be allowed.
Prior to the removal of materials, the Contractor shall coordinate with the regional notification center (Underground Service Alert of Southern California) to mark out all existing utilities per Section 402. Contractor shall confirm location and depth of all existing utilities per Section 402 in order to avoid damage to them during removal operations. 300-1.1.3 Bituminous Pavement. [Add the following section]:
Prior to removal of bituminous pavement, saw cutting, excavation, or cold milling, the Contractor shall scan the work area using a metal detector of adequate strength to located manholes, valves, utility access covers or any other metal appurtenances buried below the existing pavement surface whether shown on the Plans or not. Contractor shall be responsible for locating these utilities, and if any are found that aren’t shown on the Plans, Contractor shall inform the Engineer for direction on disposition of utility.
Unless specified on Plans to be cold milled, all bituminous pavement shall be saw cut to full depth in a straight line with a power driven saw and completely removed. Where only the surface of existing bituminous pavement is to be removed, the method of removal shall be cold milling per Section 404 and a minimum laying depth of two (2) inches of new pavement material shall be provided at the join line.
300-1.1.4 Payment. [Add the following to this section]:
Compensation for Clearing and Grubbing shall be included in all other items of work and no additional compensation will be allowed.
Cold milling and disposal of asphalt pavement will be measured and paid for per Section 404-11. 300-1.2 Root Pruning and Tree Trimming [Add the following]:
303-1.2.1 Root Pruning.
1. Cut tree roots along both side of walk area, and behind existing edges to a minimum of 20-inches deep.
2. Tree roots will not be cut up to the base of the trunk.
3. All tree root cutting will be approved by the City’s representative.
Root pruning equipment shall be specifically designed for this purpose, sharpened adequately to sever roots in a clean manner, and equipped with padded tracks or rubber tires to prevent scraping or marking of sidewalks.
All cuts shall be backfilled whether immediately upon completion of root pruning or upon completion of sidewalk and curb and gutter repairs and root barrier installation provided that adequate warning devices are placed and maintained at each location. Backfill material shall consist of dirt, Crushed Aggregate Base or crushed miscellaneous base.
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The Contractor shall repair or replace sprinkler system and all utility service connections within the right-of-way which are damaged or removed as a result of the root pruning operation. Repairs shall be initiated immediately and completed by the end of each working day. Repairs and replacements shall be at least equal to existing improvements, and shall match them in finish and dimension, and will be done at Contractor’s expense.
300-1.3.1 General. [Add to this section:]
The work shall be done in accordance with Section 300-1.3.2 of the Standard Specifications except as modified and supplemented herein. Joins to existing pavement lines shall be full depth sawcuts. Final removal between the sawcut lines may be accomplished by the use of jackhammers or sledgehammers. Pavement breakers or stompers will not be permitted on the job. The Engineer must approve final removal accomplished by other means.
The Contractor shall maintain the job site in a clean and safe condition. The Contractor will remove any broken concrete, debris or other deleterious material from the job site at the end of each workday. All areas of roadway removal and replacement shall have a minimum trench width of 3-feet to facilitate maximum compaction. Contractor shall meet with the Engineer to mark out the areas of roadway removal and replacement.”
300-1.3.2 Requirements. [Add the following]:
(a) Bituminous Pavement. It shall be the Contractor’s responsibility to dispose of all suitable bituminous pavement at a recycling facility. The expense for such work shall be deemed as included in the unit price for various items of work in the contract. No additional compensation will be allowed.
(c) Concrete Curb, Walk, Gutters, Cross Gutters, Driveways, and Alley Intersections.
Replace the first sentence of this Section with: “Saw cuts shall be neatly made to a minimum of two (2) inches.” Replace the words “1-½ inch” of the last sentence with the words “two (2) inches”. (d) Miscellaneous
In addition to the work outlined in Subsection 300-1 of the Standard Specifications, the following items listed below will not be paid separately. The expenses for such work shall be deemed as included in the price bid for various bid items and no additional compensation will be allowed.
1. Tree removal and relocation, as required.
2. Removal of interfering portions of fences, planters, sign foundations, vegetation and irrigation systems.
3. Maintain dust control at all times by watering.
4. Protection of utilities, trees, fences, walls signs and other facilities within the construction zone, except those directed to be removed or relocated.
5. Relocation of existing parking bumpers, flag poles, posts, guard posts, curb drains, mailboxes and private property lighting systems not covered under other items of work.
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6. Removal and salvaging of existing signs.
7. Removal and salvaging of existing bus shelters, street furniture and other appurtenances.
8. Removal of existing A.C. berm.
9. Removal of existing parkway drainage improvements such as curb drains, parkway culverts, etc.
10. All sawcutting of existing A.C. pavement and concrete pavement surfaces necessary to facilitate construction of the project.
11. Notifying owners of all newspaper machines and vending machines to remove their facilities from street. Contractor shall remove and dispose of said facilities if no action is taken by Owner.
12. Removal of any other items within the work zone which are not accounted for under individual items of work in these specifications.
300-1.4 Payment. [Add the following]:
Unless otherwise specified, compensation for clearing and grubbing shall included in the Clearing and Grubbing contract price and no additional compensation will be allowed. Payment shall include full compensation furnishing all labor, materials, tools, equipment and doing all work involved in clearing and grubbing as specified for the Base Bid and any Alternate Bids awarded.
Payment shall be limited to not more than 50.0% per progress payment. 300-1.5 Solid Waste Diversion. [Add section.]
Non reinforced concrete and asphalt wastes generated from the job site shall be disposed of at a facility that crushes such materials for reuse. Excess soil and other recyclable solid wastes shall not be disposed of at a sanitary landfill.
The Contractor shall maintain monthly tonnage records of total solid wastes generated and solid wastes disposed of at a sanitary landfill. The Contractor shall report said tonnage monthly to the Engineer on a form provided by the Engineer and provide appropriate confirmation documentation from the recycling facility.
300-2 UNCLASSIFIED EXCAVATION.
300-2.1 General [Add the following to this section]:
Unclassified Excavation shall consist of all saw cutting and excavation of existing roadway as necessary to construct the proposed AC “dig-out” improvements as directed by the Engineer.
Removals in AC pavement shall be minimum 3 inch depth and in PC concrete minimum 3 inch depth, or as directed by the Engineer.
Removal shall be done in accordance with Section 300-1 and Section 401 of the Standard Specifications and these Special Provisions.
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The Contractor shall be responsible for locating and protecting manhole, water valve and utility access frames and covers or other metal appurtenances buried below the existing surface, whether shown on the plans or not.
All existing asphalt concrete pavement that is to be joined by new construction shall be saw cut in a straight line the full depth of the existing pavement. Contractor shall exercise due caution to avoid any disruption to the existing aggregate base that is to remain below the depth of removal called out on the plans. In addition, the Contractor shall not disturb or damage existing improvements to be protected in place. Any damage done by Contractor and/or its equipment shall be repaired or replaced as called out in Section 402 of the Standard Specifications at Contractor's expense. The Contractor shall call USA prior to excavation and shall “pothole” existing utilities that fall within the proposed pavement ‘dig-out” areas as necessary to determine their depth to avoid damaging said utilities.
Removal of existing pavement sections shall be to the depth required for construction of the replacement roadway sections as shown on the plans, estimated bid quantities (proposal) and/or as directed by the Engineer before or after the Cold Mill operation, and will include the removal of existing AC pavement and conflicting portions of aggregate base. All removed material becomes the property of the Contractor and shall be hauled and recycled/disposed of properly outside of the roadway right of way.
The use of pavement breaking equipment (stomper) is not permitted. No crushing operations by Contractor will be allowed at the job site or within the Laguna Hills City limits. Contractor shall price the unclassified excavation and other related bid items accordingly.
The Contractor shall excavate a length of section of roadway not to exceed the amount of removal and placement of AC base course that can be completed within the same working day. All excavations shall be backfilled as soon as permitted under the specifications so that when the job is closed for the day, the open excavation will be kept at a minimum and adjacent utilities will receive maximum backfill support.
300-2.9 Payment. [Add the following to this section]:
Payment for Unclassified Excavation shall be considered included in the Contract unit price bid per SQUARE FOOT for Remove and Reconstruct 6” AC and shall include full compensation for all work required to complete removal and reconstruction of asphalt concrete areas complete in place including, but not limited to, over-excavation, saw cutting pavement, removal and disposal / recycle of excess material at a suitable site, surface preparation, compaction of the sub-grade to 90 percent relative compaction, and furnishing all labor, materials, tools, equipment and incidentals and no additional compensation will be allowed therefor.
If the existing materials in those asphalt concrete areas beneath the regular excavation depth for roadway improvements are found to be wet or unsuitable, the Contractor shall then be ordered to over-excavate those areas to a depth to be determined by the City. Payment for excess excavation including the removal and disposal of said unsuitable soil shall be considered included in the price bid for remove and reconstruct of asphalt concrete and no additional compensation will be allowed therefor.
300-4 UNCLASSIFIED FILL
300-4.9 Measurement and Payment. [Add the following to this section]:
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Compensation for Unclassified Fill required for asphalt concrete slot paving or digouts, concrete improvements, or minor grading adjacent to concrete improvements shall be included in the cost of constructing those items and no additional compensation will be allowed.
SECTION 301 –SUBGRADE PREPARATION, TREATED MATERIALS, AND PLACEMENT
OF BASE MATERIALS
301-1 SUBGRADE PREPARATION
301-1.3 Relative Compaction. [Add the following to this section]:
Cross gutters are to be placed directly on subgrade material which the top 6 inches has been compacted to a relative compaction of 95 percent.
301-1.7 Payment. [Add the following to this section]:
Compensation for manhole and valve adjustments shall be per Section 402-9 and 403-5 of these specifications.
SECTION 302 - ROADWAY SURFACING
302-4 SLURRY SEAL SURFACING.
302-4.5 Scheduling, Public Convenience and Traffic Control. [Add the following to this section]:
During sealing operations, the Contractor’s schedule for slurry seal application shall be designed to provide residents and business owners, whose streets are to be slurry sealed, sufficient paved parking within an 800 foot distance from their homes or businesses. 302-4.6.4 Aggregate Application Rate.
302-4.6.4.1 General [Add the following to this section] Type I emulsion aggregate slurry seal shall be applied at an application rate between 8 lbs/yd2 and 10 lbs/yd2
Type II emulsion aggregate slurry seal shall be applied at an application rate between 12 lbs/yd2 and 15 lbs/yd2
302-4.8 Spreading and Application. [Replace this section with the following:] The Contractor shall place and maintain protective coverings over manholes, utility covers, monuments, drainage facilities or other surface evident features in the pavement, as directed by the Engineer, and shall remove said coverings after slurry sealing for the day has been completed. The Contractor shall clean said coverings at the end of the work day before opening the street for traffic. The Contractor shall not use blow torches for unsealing utility or manhole covers.
Existing pavement markers shall be removed flush with the existing pavement surface, per Section 314-3, before placing slurry seal.
Prior to placement of slurry, existing striping shall be removed flush by grinding.
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The Contractor shall air blow all debris and moisture from all cracks 1/4” or greater, treat with weed killer, and then fill with elastomeric sealant material per Section 302-16 flush with the existing pavement surface.
The Contractor shall vacuum sweep the surface of all streets on multiple occasions after placing slurry seal. The first sweep shall be conducted within two days of placing the slurry. Each successive sweep shall be once per week, starting after the first sweeping for a duration of four weeks or as directed by the Engineer. The Contractor shall make complete (curb-to-curb) passes on all scheduled sweeps. Successive sweeps shall not be considered as part of the construction duration.
The Contractor shall use appropriate Best Management Practices, or BMP’s, to prevent sediment and debris from entering the storm drain system.
The reasons for repair of slurry seal shall include but are not limited to excessive drag lines, transverse ridges (washboard appearance), uneven and excessive longitudinal joint widths, rough handwork, and excessive color variation.
The finished slurry seal shall be of uniform color and texture. Slurry joints shall be straight and tight. Slurry along the lip of gutter shall be maintained in a neat, straight edge. Any overlap onto concrete gutters is unacceptable and shall be removed immediately. All curbs, gutters, sidewalks and driveways shall be maintained free of loose aggregate and shall be swept as necessary or as directed by the City Engineer. Any stains resulting from the slurry sealing or paving shall be removed to the City’s satisfaction.
The Contractor shall roll the entire cul-de-sac, dead-end streets and knuckle curves with a selfpropelled 10 ton pneumatic roller with a tire pressure of 50 psi and equipped with a water spray system. The Contractor shall make four complete passes on the aforementioned streets the same day they are slurry sealed.
For all cul-de-sacs the Contractor shall close access for a 24-hour period to allow an extended cure time for the cul-de-sacs. Cul-de-sacs shall not be scheduled on a Friday to allow for this extended cure time and opening to traffic before the weekend. Additionally, the Contractor shall coordinate with waste services to ensure closed access does not conflict with the waste services schedule.
Cracks shall be routed prior to crack filling as outlined in Section 302-16.3.
The Contractor shall complete crack sealing, removal of excess slurry from the gutter, and striping removal in one day, so to minimize street closures to two days at most (one day to perform the slurry seal operation and one day to complete the crack sealing, removal of excess slurry from the gutter, and striping removal). Streets with access issues can be slurried in two days (one half of the street each day) and one day to complete the miscellaneous items of work as described in this paragraph.
Two weeks following the completion of slurry seal operations, the Contractor shall repair all power steering marks, rough seam lines, and any other defects as directed by the City Engineer. 302-4.11 Payment [Add the following to this section]:
The Type II Emulsion-Aggregate Slurry (EAS) shall be measured and paid at the unit price bid per EXTRA LONG TON for material actually placed. The Type II Emulsion-Aggregate Slurry with 2% Latex unit price bid shall include full compensation for specified surface preparation,
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removals, sweeping, placing BMP’s, materials and equipment required in the mix design, and for applying the Type II EAS in place.
302-5 ASPHALT CONCRETE PAVEMENT.
302-5.1 General. [Replace the last paragraph with the following]:
Asphalt Concrete shall conform to the requirements of Subsection 203-6.1 as modified by these Special Provisions, and Orange County Public Works Department 2018 Standard Plans, Standard Plan 1805. Bituminous pavement removals shall conform to the provisions of Subsection 300.2.2 as modified as follows:
The AC pavement to be removed and replaced shall be cold planed/grind to a depth of two inches (2”) to provide a neat and straight pavement break. Asphalt Concrete hot mix shall be inlayed to the removed section. The join between the existing pavement and the new pavement shall be sealed. Streets which are not scheduled for an asphalt concrete overlay shall have the finish grade and join flush with the existing surface.
Only areas that can be repaved to finish grade in one work day shall be excavated in the same one work day. AC pavement shall be placed on the same day as the related excavation or cold planing. All travel lanes shall be reopened at the end of the work day. AC shall be placed in two (2) inch lifts and compacted to 95% relative compaction.
At the conclusion of each work day, the newly paved areas shall be smooth, flush with finish grade and suitable for traffic. The Contractor shall place temporary reflective tabs to restore all lane lines affected by the new paving.
Miscellaneous Asphalt Concrete Placement. [Add new section].
This item shall consist of all preparatory work (including all handwork) necessary to place miscellaneous asphalt concrete. It shall include the following:
(1) Fine grading to the tolerances set forth in Subsection 301-1.4 of the Standard Specifications.
(2) Applying soil sterilant in accordance with Subsection 301-6 as modified by these Special Provisions.
(3) Providing headers (if shown on plans) in accordance with Subsection 302-5.5 of the Standard Specifications.
(4) Root removal.
302-5.4 Tack Coat. [Add the following to this section]:
Tack coat material for overlay shall be SS-1H applied at a rate of 0.20 gallons per square yard above 350 degrees Fahrenheit from a distributor truck with a functioning heating element capable of raising the temperature by 3 degrees Fahrenheit per hour minimum.
Tack coat shall not be placed so far ahead of paving that the tack coat is tracked away by trucks from more than 20 percent of the tacked area.
Apply SS-1H tack coat uniformly in two coats of 0.20 gallons per square yard each with full “break” in between, or 0.20 gallons per square yard SS-1H uniformly in one coat on all vertical joins of AC patching.
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302-5.5 Distribution and Spreading. [Delete the sixth paragraph and add the following]:
The depositing, distributing, and spreading of the asphalt concrete shall be accomplished in a single, continuous operation by means of a self-propelled mechanical spreading and finishing machine designed especially for that purpose. The machine shall be equipped with a screed or strike-off assembly capable of being accurately regulated and adjusted to distribute a layer of the material to a definite predetermined thickness. The machine shall be equipped with automatic screed controls. The automatic screed controls require a reference system for the automatic system to follow. This reference can be the base on which the asphalt concrete is being placed, the lane next to the material being placed, or a string line. The automatic screed control can also follow a traveling reference system. A traveling reference system may be a 30-foot “ski” attached to a control arm, which notes changes in base contours and adjusts the screed automatically to compensate. A string line or traveling reference system shall be used to allow the automatic control to adjust screed height as necessary to maintain proper longitudinal (length-wise) grade of the pavement. To maintain proper transverse (width-wise) grade, the automatic screed control shall use a pendulum system attached to a beam running between the two screed pull arms.
When paving is of a size or in a location that use of a self-propelled machine is impractical, the Engineer may waive the self-propelled requirement.
The Contractor shall provide for adequate quality control measures to insure that delivery of asphalt rubber shall be neither too slow nor too fast to prevent stopping of the paving operation and/or cooling of the asphalt rubber material. Material delivery scheduling and handling is critical to optimizing compaction and ride quality.
302-5.6.1 General. [Add to this section]:
Asphalt concrete will be thoroughly compacted by rolling as soon as a layer of the material has been placed. Rolling will commence along the lower edge and continue until the edge is thoroughly compacted. The roller will then be gradually advanced to the crown point, both sides being rolled in a like manner. Rolling will continue until the pavement layer has become thoroughly compacted to the specified grade and cross-section.
Placement of AC in over-excavated areas shall be done with minimum disturbance to the subgrade. Compacting shall be done with light rolling a steel wheel roller with compaction requirement waived. AC shall be placed in lifts not exceeding 150 mm in compacted thickness and shall be allowed to cool for 24 hours before placing the next lift.
If the asphalt concrete pavement material has cooled below the minimum spreading temperature (260 °F) prior to completing the initial breakdown, the surface will be removed by an approved method to provide a minimum one-inch of depth for new paving material, without causing any feather-edges at joints. The contractor will then repave the area to the requirements herein.
Rollers will be self-propelled. Two axle, steel wheel tandem rollers will weigh not less than eight (8) tons (7,260 Kg). Vibratory rollers shall be used. All rollers must be in good mechanical condition, capable of smooth straight path operation. No leakage of any petroleum products will be allowed. The surface of all roller wheels will be treated with sufficient water to prevent pickup of bituminous materials, but not sufficient to be detrimental to the pavement. 302-5.6.3 Ride Quality Standard. [Add to this section]:
If, in the opinion of the City Engineer, the ride quality of the final asphalt concrete is not acceptable, the contractor shall, within seven (7) calendar days of placement of the final paving surface, have
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the surface profiled using a California Profilograph in accordance with California test 526 and provide the City with an original profile graph. The City may, at their discretion, delete this item from the contract if it is determined that the ride quality is acceptable. The cost for this work shall be the fixed lump sum amount and no additional compensation will be allowed. The time allotted for the Profilograph and any surface repair (as indicated by the Profilograph) shall be included in the contract time specified for this project and no additional time or compensation will be allowed.
If the finished surface of the asphalt concrete on the traffic lanes does not meet the specified surface tolerance, it shall be brought within tolerance by either (1) abrasive grinding, or (2) removal and replacement. The method will be selected by the Engineer. The corrective work shall be at the contractor's expense.
302-5.7 Joints [Add the following to this section]:
The Contractor shall place the overlay such that joints and seams fall within six (6) inches of the lane line for the new delineation. The joint pattern for all pavement layers shall be submitted in writing to the Engineer for review and approval 2 weeks in advance of the first lift of pavement to be placed. No exceptions to the specified requirements for joints shall be anticipated, and the Engineer’s decisions shall be final.
302-5.8 Bituminous Pavement Crack Sealing. [Add new section]:
302-5.8.1 General.
Bituminous Pavement Crack Sealing consists of furnishing all labor, equipment, and materials and performing all operations in connection with bituminous pavement crack sealing. Crack sealing shall be performed upon all streets scheduled for the application of CMREAS and AC Overlay without further designation.
302-5.8.2 Cleaning.
All pavement cracks greater than or equal to 1/8” width shall be routed by mechanical means and cleaned by air blowing. All debris resulting therefrom shall immediately be removed by mechanical means and disposed of in a legal landfill or pavement recycling facility. 302-5.8.3 Material.
The crack sealing material shall be an asphalt cement, aromatic rubber extender oil, and a minimum of 20% powdered rubber by weight combined in such manner as to produce a material with the following properties:
1. WORKABILITY
The material shall pour readily and penetrate large cracks a temperatures below 400o Fahrenheit.
2. CURING
The product shall contain no water or volatile solvents and shall cure immediately upon cooling to a sufficient viscosity to prevent tacking by traffic.
3. LABORATORY EVALUATION
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When a sample of the product has been heated at 350O Fahrenheit for two hours, it shall pass the following tests:
Softening Point (R&B)135O F Min. (ASTM D312)
Flexibility A 1/8” thick specimen of the product conditioned to 10O F shall be capable of being bent to a 90O angle over 1” mandrel without cracking.
The sealer shall be forced into the crack by use of a squeegee. The sealer shall be flush with the existing pavement surface prior to the application of the AC overlay or slurry seal. 302-5.9 Measurement and Payment [Add the following to this section]:
Payment for 2” AC Overlay shall be made at the unit price bid per TON. The Contract unit price per ton shall include full compensation for all surface preparation, furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved, including furnishing and applying the rock dust blotter, to place the AC overlay complete and in place. Temporary surface work where required by the CITY for traffic control or other purposes shall be considered included in the price bid Traffic Control and no additional compensation will be allowed. 302-9 ASPHALT RUBBER HOT MIX (ARHM).
302-9.9 Payment. [Add the following to this section]:
Payment for 2” Asphalt Rubber Hot Mix (ARHM) Overlay shall be made at the unit price bid per TON. The Contract unit price per ton shall include full compensation for all surface preparation, furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved, including furnishing and applying the rock dust blotter, to place the ARHM overlay complete and in place. Temporary surface work where required by the CITY for traffic control or other purposes shall be considered included in the price bid Traffic Control and no additional compensation will be allowed.
302-15 RUBBER POLYMER MODIFIED SLURRY SPECIFICATION (RPMS) [Add this section]:
302-15.1 General
This work shall consist of mixing asphaltic emulsions, aggregate, set control additives, specially produced and graded crumb rubber, and water and spreading the mixture on a surfacing of pavement where shown on plans, as specified in these special provisions, and as directed by the Engineer.
All requirements from the Standard Specification for Public Works Construction Section 203-5 and 302-4, current edition, shall apply unless superseded by the additional requirements as described in Section 302-15 Rubber Polymer Modified Slurry Specification (RPMS). 302-15.2 Materials
The materials for Rubberized Slurry Seal immediately prior to the mixing shall conform to the requirements set forth in Section 302-15.
302-15.3 Asphaltic Emulsion
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Asphaltic Emulsion shall be quick-setting Type PMCQS-1H grade manufactured with 3.0% Styrene Butadiene Polymer or approved equal conforming to the requirements of these special provisions when tested in accordance with the specified test methods:
Emulsion
Quality Tests Test Requirements
AASHTO T59
ASTM D244
Residue after Distillation 60% Min
Residue
AASHTO T49
ASTM 2397
Penetration at 77F (25C) 40-90
In addition, the quick setting Type PMCQS-1H Asphaltic Emulsion shall test Positive for Particle Charge when tested in accordance with ASTM Designation: If the Particle Charge Test result is inconclusive the Asphaltic Emulsion shall meet a pH requirement of 6.7 maximum. 302-15.4 Aggregate
The mineral aggregate used shall be the type and grade specified for the particular use of the Rubberized Slurry surfacing. The aggregate shall be manufactured crushed stone such as granite, slang, limestone, chat, or other high quality aggregate, or combination thereof. Aggregate shall consist of rock dust except that 100 percent of any aggregate of combination of aggregates, larger than the No. 50 sieve size, used in the mix shall be obtained by crushing rock. The material shall be free from vegetable matter and other deleterious substances. All aggregate shall be free of caked lumps and oversized particles.
302-15.5 Quality Tests
The percentage composition by weight of the aggregate shall conform to the following gradings when determined by California Test 202, modified by California Test 105 when there is a difference in specific gravity of 0.2 or more between blends of different aggregates.
TYPE I SLURRY SEAL GRADATION
Sieve Size Percentage Passing Stockpile Tolerance
No. 4 100 +/-5%
No.8 90-100 +/-5%
No.16 65-90 +/-5%
No.30 40-60 +/-5%
No.50 25-42 +/-4%
No.200 10-20 +/-2%
The job mix (target) gradation shall be within the gradation band for the desired type. After the target gradation has been submitted, then the percent passing each sieve shall not vary be more than the stockpile tolerance.
The aggregate shall also conform to the following requirements:
Test California Test Requirements
Sand Equivalent 217 55 min.
Durability Index 229 55 min.
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The aggregate will be accepted at the job location or stockpile. The aggregate shall be accepted based on five gradation tests according to California Test 202, modified by California Test 105 when there is a difference in specific gravity of 0.2 or more between blends of different aggregates. If the average of the five tests is within the gradation tolerances, then the material will be accepted. If the tests show the material to be out, the contractor will be given the choice to either remove the material or blend other aggregates with the stockpile material to bring it into specifications. Materials used in blending must meet the quality test before blending and must be blended in a manner to produce a consistent gradation.
302-15.6 Water
Water shall be of such quality that the asphalt will not separate from the emulsion before the slurry seal is in place in the work. If necessary for workability, a set-control agent that will not adversely affect the Rubberized Slurry Surfacing material may be used. Prewetting of streets will not be required unless streets are subject to high temperatures and/or dust. 302-15.7 Crumb Rubber
The crumb rubber shall be ambient granulated or ground from whole passenger and/or truck tires only. Uncuring or devulcanized rubber is not acceptable and shall not be used. Rubber tire buffing from either recapping or manufacturing processes may not be used as a supplement to the crumb rubber mixture.
In order to remove steel and fabric, an initial separation stage which subjects the rubber to freezing temperatures may be used. The crumb rubber shall not be elongated or hair-like in shape and individual particles shall not be greater than 1/20 of an inch in length. The crumb rubber shall be free of contaminants including: fiber, metal and mineral matter, to the following tolerances:
A. The fiber content shall be less than 0.30% by weight.
B. The crumb rubber shall be free of metal particles. Metal imbedded in rubber particles will not be allowed. The amount of mineral contaminants allowed shall not exceed
0.10% by weight.
C. The crumb rubber shall be dry with a moisture content of less than 0.75%.
CRUMB RUBBER CHEMICAL PROPERTIES SPECIFICATION
Property Specification Limits
Specific Gravity 1.15+/-.05
Percent of Carbon Black 35.0 Maximum
Percent of Rubber Hydrocarbon 55.0 Maximum
Percent Ash 6.0 Maximum
Percent of Acetone Extract 10.0 Maximum
Percent of Chloroform Extract 3.0 Maximum
Percent Natural Rubber 40 Minimum
The crumb rubber shall conform to the following gradation and chemical properties:
CRUMB RUBBER GRADATION REQUIREMENTS
Sieve Size Percent Passing
No.30 100
No.40 90-100
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No.50 75-85
No.100 25-35
No.200 0-10
TESTING METHODS FOR CRUMB RUBBER ANALYSIS
Property Test Method
Specific Gravity ASTM D-1817
Carbon Black ASTM D-297
Ash ASTM D-297
Chloroform Extract ASTM D-297
Natural/Synthetic Rubber ASTM D-297
Sieve Analysis ASTM D-1511 or ASTM DC-136
302-15.8 Carbon Black
The carbon black solution shall be non-ionic in charge and liquid in form. The carbon black must be compatible with the emulsion system, polymers and additives being used.
Specification Tolerances
Total Solids 40-44
% Black by Weight 35-37
Type Black Medium Furnace Color
Type Dispersing Non-ionic
302-15.9 Mineral Filler
Portland Cement, hydrated lime, limestone dust, fly ash or other approved filler meeting the requirements of ASTM D-242 shall be used if required by the mix design and may be used to facilitate set times as needed. Any cement used shall be considered as part of the dry aggregate weight for mix design purposes.
302-15.10 Additive
Additives may be used to accelerate or retard the break-set of the Rubberized Slurry Surfacing.
The use of additives shall be in quantities specified in the mix design. 302-15.11 Laboratory Evaluation
Before work begins, the contractor shall submit a mix design covering the specific materials to be used on the Project. The design will be performed by a laboratory that has experience in designing Rubberized Asphalt Slurry Surfacing. After the mix design has been approved, no substitution will be permitted unless approved by the Engineer.
302-15.12 Mix Design
The proposed Rubberized Asphalt Slurry Surfacing mix design shall verify compatibility of the aggregate, emulsion, mineral filler, set-control additive and rubber blend. Recommended tests and values are as follows:
Test Description Specification
ISSA T-106 Slurry Seal Consistency Pass
ISSA TB-109 Excess Asphalt 50 grams/square foot max.
ISSA TB-100 Wet Track Abrasion Type I: 50 grams/square foot max.
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Type II: 60 grams/ square foot max.
ISSA TB-113 Mixing Time Controllable to 150
seconds min.
ISSA TB-114 Wet Stripping Pass
The Mixing Time test should be done at the highest temperatures expected during construction.
The original lab report shall be signed by the laboratory that performed the mix design and shall show the results of tests on individual materials. The report shall clearly show the proportions of aggregate, mineral filler (min. and max.), water (min. and max.), additive (s) (usage), asphalt emulsion and asphalt rubber blend based on the dry weight of the aggregate.
All of the component materials used in the mix design shall be representative of the materials proposed by the contractor to be used on the Project. The percentage of each individual material required shall be shown in the laboratory report. Adjustments may be required during the construction, based on field conditions.
The component materials shall be within the following limits:
Residual Asphalt Type I 10.8%-16.0% Based on dry weight of aggregate.
Residual Asphalt Type II 7.5%-13.5% Based on dry weight of aggregate.
Crumb Rubber The crumb rubber will be added to the Rubberized Slurry mix at a rate of 5.0% by volume to the asphalt cement.
Carbon Black Carbon Black shall be added at 1.3 to 2.0% of the finished emulsion.
Mineral Filler 0.5%-2.0% (if required by mix design) based on dry weight of aggregate.
Additives As needed.
Water As needed to achieve proper mix consistency.
302-15.13 Proportioning
Note: Proportioning equipment of equal capacity to that described herein will be considered by the City prior to time of award.
Calibration information satisfying the Standard Specifications for Public Works Construction, current edition, Section 302-4.3.4 must be submitted to the City by the time of the pre-construction and approved by the City prior to start of slurry seal application.
Aggregates, asphaltic emulsion, water, additives, including set-control agent, if used, and crumb rubber shall be proportioned by volume utilizing the mix design approved by the Engineer. If more than one kind of aggregate is used, the correct amount of each kind of aggregate to produce the required grading shall be proportioned separately, prior to the other materials of the mixture, in a manner that will result in a uniform and homogenous blend.
The complete mixture, after addition of water and any set-control agent used, shall be such that the mixture has proper workability and (a) will permit a traffic flow, without pilot-car-assisted traffic on the slurry seal within one hour after placement (at 78 degrees F.) without the occurrence of bleeding separation or other distress, and (b) will prevent development of bleeding, excessive raveling, separation or other distress within 7 days after placing the rubberized asphalt surfacing.
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Spread rates shall be as follows:
The Type I RPMS shall be placed at 9.0 (+/- 0.5) pounds per square yard, based on dry aggregate weight.
Asphaltic emulsion shall be added at a rate within the following ranges of percent by weight of the dry aggregate. The exact weight will be determined by the mix design and the asphalt solids content of the asphaltic emulsion furnished.
Type of Aggregate Range
Type I 18.0 - 20.0%
Pneumatic rolling is required on all streets. Rolling will commence as soon as the RPMS has set sufficiently to prevent any material form adhering to the tires. The RPMS surface shall be rolled by two to five coverages, or directed by the engineer. Pneumatic rollers shall be operated at a minimum tire pressure of 50 psi.
The Aggregate shall be proportioned by a belt feeder operated with an adjustable cutoff gate. The height of the gate opening shall be readily determinable. The emulsion shall be introduced into the mixer by a positive displacement pump. Water shall be introduced into the mixer through and adjustable multi-spray pugmill bar, water volume shall be displayed by an electric digital meter registering in gallons delivered.
The bitumen ratio (pounds of asphalt per 100 pounds of dry aggregates) shall not vary more than
1.5- pound of asphalt above or 0.6-pound asphalt below the amount designated by the mix design and approved by the Engineer.
The aggregate belt feeder shall deliver aggregate to the pugmill mixed with such volumetric consistency that the deviation for any individual aggregate delivery rate check-run shall be within
2.0 percent of the mathematical average of 3 runs of at least 300 gallons each in duration.
Each Rubberized Slurry surfacing unit shall be equipped with a unit designed to store and deliver the various required materials to a twin-shafted, multi-paddle pugmill in the following manner:
A. Each Rubberized Slurry surfacing unit shall be equipped with a computer controlled automatic sequencing system that initiates each material delivery at the precise moment necessary to insure proper proportioning.
B. Each Rubberized Slurry surfacing unit shall be equipped with independent storage capabilities for the aggregate, emulsion, crumb rubber, set-control additives and the carbon black.
The carbon black shall be delivered to the mixer in the relative proportions required by means of a common shaft, dual pump system. The carbon black flow rates shall be independently adjustable by means of diaphragm valves and shall be sequenced through the computer controlled auto-sequencing system. The carbon black shall be blended and mixed prior to their introduction into the pugmill. Introduction into the twin-shafted pugmill shall be done through an injection system, which delivers the blended material to the apex of each mixing shaft immediately prior to the introduction of the asphalt emulsion. The carbon black delivery system shall each be equipped with digital electronic flow metering devices that can read in gallons per minute.
The crumb rubber delivery system shall be equipped with an air suspension unit designed to prevent clumping or bridging of the rubber material. The air discharges shall be sequenced to avoid over-suspension of the rubber. The rubber shall be delivered to the pugmill by a
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hydraulically driven auger and shall be initiated through the computer controlled auto sequencing system.
The rubberized asphalt slurry surfacing shall be mixed in a continuous, twin shaft, multi-paddle pugmill mixer. The pugmill shall be equipped with a hydraulically controlled steel pugmill gate for positive discharge operations. No dripping slurry will be allowed.
The emulsion shall be introduced into the mixer by a positive displacement pump. The emulsion storage shall be equipped with a device which will automatically shut down the power to the emulsion pump and aggregate belt feeder when the level of stored emulsion is lowered to within two inches of the suction line.
A temperature-indicating device shall be installed in the emulsion storage tank at the pump suction level.
The aggregate shall be proportioned using a belt feeder operated with an adjustable cutoff gate.
The height of the gate opening shall be readily determinable.
The aggregate feeder shall be directly connected to the drive on the emulsion pump. The drive shaft of the aggregate feeder shall be equipped with an electronic digital belt. The belt delivering the aggregate to the pugmill shall be equipped with a device to monitor the depth of the aggregate being delivered to the pugmill. The device for monitoring depth of aggregate shall automatically shut down the power to the aggregate belt feeder whenever the depth of aggregate is less than 70 percent of the target depth of flow. An additional device shall monitor movement of the aggregate belt by detecting revolutions of the belt feeder. The devices for monitoring no flow or belt movement, as the case may be, shall automatically shut down the power to the aggregate belt when the aggregate belt movement is interrupted. To avoid shutdown caused by normal fluctuations in delivery rates, a delay of three seconds between sensing less than desirable storage levels of aggregate or emulsion shall be permitted.
Water delivery shall be adjusted through a diaphragm valve. Water flow rate shall be electronically displayed through a digital meter.
Set control additive flow rate shall be electronically displayed through a digital meter.
The mixer unit shall not be operated unless all electronic display and revolution counters are in good working condition and functioning and all metal guards are in place. All indicators required by these specifications shall be operational at all times.
The rubberized Asphalt Slurry mixture shall be spread by means of a controlled spreader box.
The spreader box shall be capable of spreading traffic lane width and shall have strips of flexible rubber belting or similar material on each side of the spreader box and in contact with the pavement to positively prevent loss of slurry from the ends of the box. All spreader boxes shall be equipped with working reversible motor-driven augers when placing Rubberized Asphalt Slurry.
Spreader boxes without mixing augers shall not be used. Rear flexible strike-off blades shall make close contact with the pavement, and shall be capable of being adjusted to the various crown shapes so as to apply a uniform surfacing coat. Flexible drags, to be attached to the rear of the spreader box, shall be provided as directed by the Engineer. All drags and strike-off blades (rubbers) shall be cleaned daily if problems with cleanliness and longitudinal scouring occur. The spreader box shall be clean, free of all slurry and emulsion, at the start of each work shift.
In addition to meeting the material quality requirements, the finished Type I Rubber Polymer Modified Slurry shall be appear uniform and homogenous as determined by the Engineer.
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302-15.14 Measurement and Payment
Payment for slurry seal on the residential streets shall be made at the Contract unit price per EXTRA LONG TON for Type I Rubber Polymer Modified Slurry with 3.0% latex bid item and shall be based on as placed field measurements only. No compensation shall be made for any excess materials. The Contract unit price shall include full compensation for all labor, equipment, and materials necessary to complete the Type I Rubber Polymer Modified Slurry with 3.0% Latex application including pavement cleaning, posting of notices, and all other appurtenant work. 302-17 BITUMINOUS PAVEMENT CRACK SEALING [Add this section]:
302-17.1 General. [Add the following section]:
Crack seal material shall conform to the following specifications or shall be approved by the City Engineer.
302-17.2 Material. [Add the following section]:
The asphalt rubber sealant material shall be made with paving grade asphalt and granulated reclaimed rubber.
The granulated rubber shall be 100 percent vulcanized and shall meet the following requirements:
Passing Sieve Percentage
No. 8 100
No. 10 98-100
No. 40 0-10
The specific gravity of the granulated rubber shall be 1.15 + 0.02. The material shall be free of fabric, wire or other contamination materials, except that up to 4 percent of calcium carbonate which may be included to prevent particles from sticking together.
Test
Property Specification Requirement
Rubber Cement 25 percent + 2 percent
Cone Penetration ASTM D3407 25 (+/- 5)
(@77° F)
Softening Point ASTM D36 210° – 220° F
Resilience ASTM D 3407 50 – 60 percent
Flow (@140° F) ASTM D3407 0 mm, maximum
The asphalt rubber sealant material shall be accompanied by a certificate of compliance from the manufacturer.
302-17.3 Crack Repairs. [Add this section]:
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Crack sealant shall be applied to all cracks of 1/8 inch or greater as determined by the City Engineer.
The crack seal material shall be applied a minimum of two (2) weeks in advance of the slurry seal operation.
The sealant shall not be placed when the pavement temperature is below 50° F, above 90° F or during unsuitable weather.
For cracks in size from 1/4 inch and greater in width the crack shall be widened using a router to form a shallow sealant reservoir which is 3/4 inch wide and 3/4 inch deep.
The cracks shall be cleaned with compressed air to remove all dust and free moisture, and treated with weed killer, immediately prior to filling.
The Contractor shall protect all existing utility covers, traffic detector loops and pull boxes during the routing operation and shall repair or replace any damaged facilities to its original condition.
The existing facilities shall include but not be limited to the above items.
All debris resulting from crack routing shall be removed from the roadbed by hand or mechanical sweeping prior to the end of each work day.
Sealant shall be placed from the bottom of the crack upward to the pavement surface in a manner which does not result in sealant bridging or entrapping air pockets.
With deep cracks, settlement may occur, thus requiring application of a second layer of sealant.
The level of the sealant will be allowed to be slightly below the level of the existing pavement.
Alternatively, for full depth wide cracks, the Contractor may fill the cracks with clean sand and apply a sealant a minimum of ¾ inch thick to seal the crack. All excess sealant shall be removed from the crack with a minimum overlap onto adjacent pavement.
The sealant shall be placed in such a manner that any excess sealant is not spread or squeegeed onto the pavement where cracks are not present, especially between separate individual cracks.
The Contractor may be required to furnish and spread sufficient sand necessary to eliminate tracking or damage to the crack sealant. On all arterial highways where sand will be applied over fresh crack sealant, the contractor shall post “Loose Gravel” (C6) construction signs. Signs shall be posted from commencement of crack sealing until all sand has been cleaned from the roadway.
The Contractor shall remove all sand by sweeping with 24 hours after opening the street to traffic.
For arterials and collectors, rolling closures during the crack sealing operation shall not be allowed unless approved by the Engineer.
A singular crack shall be considered to be a crack which is not part of a network of cracking of average spacing less than 3-foot in both dimensions. If asphalt concrete pavement is being constructed directly upon an existing asphalt concrete pavement: 1) all singular cracks and joints shall be blown clear with high pressure air; and 2) all visible singular cracks shall be completely filled with Crafco Polyflex Type III or approved equal.
To ensure awareness of crackfill crew of the specification, the foreman on the crackfill work shall fill out the following certificate, have the certificate at the site of the work, and present the certificate to the inspector on request.