1774061.2 IB-4 LH 6909-01/2023
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. 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.
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.
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.
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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 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.
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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
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.
1774061.2 P-1 LH 6909-01/2023
BIDDER'S NAME:
CITY OF LAGUNA HILLS
PROPOSAL
FOR
CITYWIDE PAVEMENT REHABILITATION, CIP NO. 101-M
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.
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.
1774061.2 P-2 LH 6909-01/2023
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 CITYWIDE PAVEMENT REHABILITATION, CIP NO. 101-M (the “Work”), as specifically set forth in documents entitled CITYWIDE PAVEMENT REHABILITATION, CIP NO. 101-M, 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
BIDDER'S NAME:
CITY OF LAGUNA HILLS
PROPOSAL BID SHEETS
FOR
CITYWIDE PAVEMENT REHABILITATION, CIP NO. 101-M
BIDDER SHALL COMPLETE ALL BID PAGES
INCLUDING BASE BID AND ADDITIVE BIDS 1, 2 & 3
BASE BID: Clearing and Grubbing, and Water Quality Best Management Practices (All Areas)
Item Description
Est.
Quantity Units
Unit
Price
Total
Cost
1 Mobilization/Clearing and
Grubbing (not to exceed 5% of
total Base Bid)
1 LS
2 Water Quality Management 1 LS
3 Surveying and Monument
Preservation 1 LS
SUBTOTAL IN FIGURES:
(BASE BID ITEMS 1-3) $
BASE BID: ZONE D – Grind and Overlay Operation
4 7’ wide 1” AC cold planning/edge
grind along gutters and 15’ wide
transverse cold planning at join
locations
275,200 SF
5 1.5” AC Overlay 778,100 SF
6 Crack Sealing 1 LS
7 Adjust Gas Valve to Grade 2 EA
8 Adjust Water Valve to Grade 70 EA
9 Adjust Manhole to Grade 77 EA
10 Striping, including raised
pavement markers, lane lines,
legends and cross-walks
1 LS
SUBTOTAL IN FIGURES:
(BASE BID ITEMS 4-10) $
TOTAL BASE BID IN WORDS:
DOLLARS
AND CENTS.
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NOTE: THE ESTIMATED QUANTITIES SHOWN HEREIN ARE APPROXIMATE AND ARE TO BE USED ONLY AS COMPARISON OF BIDS. AWARD SHALL BE ON THE BASIS OF BASE BID ONLY.
1774061.2 P-12 LH 6909-01/2023
BIDDER'S NAME:
CITY OF LAGUNA HILLS
PROPOSAL BID SHEETS
FOR
CITYWIDE PAVEMENT REHABILITATION, CIP NO. 101-M
BIDDER SHALL COMPLETE ALL BID PAGES
INCLUDING BASE BID AND ADDITIVE BIDS 1, 2 & 3
ADDITIVE BID 1: ZONE D – Area Dig Outs & Slurry Seal Operation Item Description
Est.
Quantity Units
Unit
Price
Total
Cost
A1.1 2” Grind/AC Overlay R&R 194,000 SF
A1.2
Type I Central Plant Mixed
Rubberized-Emulsion
Aggregate Slurry (CMREAS),
including crack sealing
1,603,100 SF
A1.3
Striping, including raised
pavement markers, lane lines,
legends and cross-walks
1 LS
TOTAL ADDITIVE BID 1 IN FIGURES:
$
ADDITIVE BID 2: ZONE A – Grind and Overlay Operation
Item Description
Est.
Quantity Units
Unit
Price
Total
Cost
A2.1
7’ wide 1.5” AC cold
planning/edge grind along gutters
and 15’ wide transverse cold
planning at join locations
384,400 SF
A2.2 1.5” AC Overlay 10,400 TON
A2.3 Crack Sealing 1 LS
A2.4 Adjust Gas Valve to Grade 1 EA
A2.5 Adjust Water Valve to Grade 109 EA
A2.6 Adjust Manhole to Grade 125 EA
A2.7
Striping, including raised
pavement markers, lane lines,
legends and cross-walks
1 LS
TOTAL ADDITIVE BID 2 IN FIGURES:
$
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BIDDER'S NAME:
CITY OF LAGUNA HILLS
PROPOSAL BID SHEETS
FOR
CITYWIDE PAVEMENT REHABILITATION, CIP NO. 101-M
BIDDER SHALL COMPLETE ALL BID PAGES
ADDITIVE BID 3: ZONE A&D – Concrete Repair
Item Description
Est.
Quantity Units
Unit
Price
Total
Cost
A4.1
Remove and Reconstruct PCC
Sidewalk per OCPW Standard
Plan No. 1204 & 1205
1100 SF
A4.2 Construct PCC Curb & Gutter – 6”
Curb Face 500 LF
SUBTOTAL ADDITIVE BID 43 IN FIGURES:
$
TOTAL BASE BID PLUS ALL ADDITIVE BIDS IN FIGURES:
$____________________________
TOTAL BASE BID PLUS ALL ADDITIVE BIDS IN WORDS:
DOLLARS
AND CENTS.
NOTE: THE ESTIMATED QUANTITIES SHOWN HEREIN ARE APPROXIMATE AND ARE TO BE USED ONLY AS COMPARISON OF BIDS. AWARD SHALL BE ON THE BASIS OF BASE BID ONLY.
NOTE: 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.
IF THERE IS A CONFLICT BETWEEN THE “TOTAL BASE BID FIGURES” AND THE “TOTAL BASE BID IN WORDS”, THE “TOTAL BASE BID IN WORDS” SHALL PREVAIL.
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CITY OF LAGUNA HILLS
PROPOSAL BID SHEETS
FOR
CITYWIDE PAVEMENT REHABILITATION, CIP NO. 101-M
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:
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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 CITYWIDE PAVEMENT REHABILITATION, CIP NO. 101-M AND IN THE SPECIAL PROVISIONS FOR CITYWIDE PAVEMENT REHABILITATION, CIP NO. 101-M and accepts all conditions and requirements contained therein.
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
CITYWIDE PAVEMENT REHABILITATION, CIP NO. 101-M
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.
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
1774061.2 CA-2 LH 6909-01/2023
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. [SIGNATURES ON NEXT PAGE]
1774061.2 CA-3 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:
___________________________________ ___________________________________
DON CASKEY, MAYOR (CORPORATION (NAME - TYPE))
CITY OF LAGUNA HILLS
BY:________________________________
(PRINT)
ATTEST: ___________________________________
(SIGNATURE)
___________________________________ _________________________________
KAREN HAMMAN, MMC, INTERIM CITY CLERK (TITLE)
CITY OF LAGUNA HILLS
BY: _______________________________
(PRINT)
___________________________________ ___________________________________
COLIN BURNS, CITY ATTORNEY (SIGNATURE)
CITY OF LAGUNA HILLS
_________________________________
(TITLE)
NOTE: SIGNATURES OF CORPORATE OFFICIALS MUST BE NOTARIZED, ATTACH JURAT.
1774061.2 CA-4 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 CITYWIDE PAVEMENT REHABILITATION, CIP NO. 101-M, as specified in the Contract , to , a
hereby designated as the “Principal”,
which Contract is attached hereto, and which Contract and all documents incporated thereinby 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-5 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-6 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 CITYWIDE PAVEMENT REHABILITATION, CIP NO. 101-M, as specified in the Contract , to , a
hereby designated as the “Principal”,
which Contract is attached hereto, and which Contract and all documents incporated thereinby 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-7 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-8 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
CITYWIDE PAVEMENT REHABILITATION, CIP NO. 101-M
SCOPE OF WORK
The work to be performed and completed by Contractor consists of furnishing all materials, equipment, tools, labor, and all other incidental work in this specification document. The work generally consists of unclassified excavation/grinding, asphalt concrete pavement repairs, cement concrete repairs, cold planing, crack sealing, Type I Central Plant Mixed Rubberized Emulsion-Aggregate Slurry, asphalt concrete overlay, raising manholes and water valves to grade, striping and related work. The above described work is included in Base Bid and Additive Bids 1 & 2.
LOCATION OF WORK
The general location and limits of the work is citywide in Zones D and Zones A as shown on the location maps in the appendices. The Base Bid and Additive Bid 1 correspond to Zone D, Additive Bids 2 corresponds to Zone A.
TIME OF COMPLETION
The Contractor shall complete all work in every detail within sixty (60) 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 Work Area Traffic Control Handbook (WATCH) and/or California Department of Transportation Traffic Manual, as most applicable. No street closures shall be made in this project without the prior approval of the City Engineer. The section of the streets to be closed each day shall be selected with the approval of the City Engineer such that residents along the affected local streets will be able to park within a reasonable walking distance of their homes. The following requirements shall also apply: 1) 72 hours written notice to residents/businesses prior to establishing No Parking Zones and for any scheduled slurry seal or AC overlay work, and 2) no lane closure on arterial highways except between the hours of 9 a.m. to 4 p.m. Any work on Arterial Highways shall require the posting of two changeable message signs per work area, as directed by the City Engineer. Traffic Control shall be paid under the lump sum price bid for Clearing and Grubbing and no additional compensation will be allowed therefore.
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.
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.
1774061.2 GS-2 LH 6909-01/2023
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
Rory Harnsich 949/837-7050
Ext. 251
Gas Company 1919 South State College
Anaheim, CA 92806
Fernando Rojo 213/231-8050
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
Angela Rivera 714/902-1781
Saddleback Unified
School District
25631 Diseno Drive
Mission Viejo, CA 92691
Julie Tsang 949/580-3450
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
San Diego Gas & Electric 662 Camino de los Mares
San Clemente, CA 92673
Erik Weigand 949/577-0005
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.
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
1774061.2 GS-3 LH 6909-01/2023
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 2024 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.
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.
1774061.2 GS-4 LH 6909-01/2023
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]:
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.
1774061.2 GS-5 LH 6909-01/2023
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.
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.
1774061.2 GS-6 LH 6909-01/2023
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.
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
1774061.2 GS-7 LH 6909-01/2023
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.
1774061.2 SP-1 LH 6909-01/2023
CITY OF LAGUNA HILLS
SPECIAL PROVISIONS
FOR
CITYWIDE PAVEMENT REHABILITATION, CIP NO. 101-M
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 CITYWIDE PAVEMENT REHABILITATION, CIP NO. 101-M 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
• 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:
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• Faithful Performance Bond
• Material and Labor Bond
• Construction Schedule
• Water Pollution Control Plan
• Form W-9
• 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.
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
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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.
(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%
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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.
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
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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]:
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.
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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.
5-4.5.1 Types 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 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
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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 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.
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5-4.5.7 Waiver 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. 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 necessary warning and protective measures shall be furnished and installed by the Contractor at
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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.
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
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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.
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.
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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 delivered. The schedule shall establish the order of work which minimizes disruption of existing travel lanes.
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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.
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
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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. • Traffic Control:
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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. “The Contractor shall complete all work under the Contract within sixty (60) 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.
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
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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.
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
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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.
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.
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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
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
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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]:
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
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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 Clearing and Grubbing 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;
1) Labor 20
2) Materials 15
3) Equipment Rental 15
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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.
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.
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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]:
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.
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(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 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
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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 Clearing and Grubbing 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. 10-6 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]:
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 Portland 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 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 II/V cement shall be used. 201-1.2 Materials.
201-1.2.4 Cement. [Add the following]:
Portland cement shall be Type II/V.
201-1.2.7.3 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]:
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All reinforcing steel shall be Grade 60 unless otherwise shown on Plans.
SECTION 203 - BITUMINOUS MATERIALS
203-3 EMULSIFIED ASPHALT
203-3.4.4.1 General [Replace subparagraph a) with the following]:
Crumb Rubber shall:
a) be granulated scrap tire rubber derived froom California Recycled Tires, free from fabric, wires, and other contaminants.
203-5 RUBBERIZED EMULSION-AGGREGATE SLURRY (REAS)
203-5.1 General [Add the following]
The REAS shall be Type I-Central Plant Mixed REAS or equal. Installation shall be per Section 302-4.4 as modified herein. Any Bidder that desires to submit a proposed “or equal” REAS is hereby required to submit the “or equal” specifications to Agency not less than 14 calendar days before the scheduled Bid Opening date to allow the Agency time to approve or disapprove the “or equal” specifications prior to the Bid Opening. Failure to follow the timeline for the submission of “or equal" specifications shall eliminate the opportunity for an “or equal” submission. 203-5.2.1 Aggregate. [Add the following to this section]:
The grading of the combined aggregate and the percentage of emulsified asphalt shall be Type I and shall conform to the requirements indicated in Table 203-5.2.2.
Aggregate shall be dark in color from one material source. 203-6 ASPHALT CONCRETE.
203-6.1 General. [Add the following to the end of the subsection:] Asphalt concrete mixes shall comply with Orange County Public Works Standard Plan 1805 requirements, subject to the following clarifications:
Surface Course AC: ½” Type IIIC3 PG 64-10 R20
Base Course AC: ¾” Type IIIB2 PG 64-10 R20
Leveling Course AC and Miscellaneous AC Placement (Hand patching): 3/8” Class D2 PG 64-10 R20
Sampling and Testing
The City Engineer shall have the right to obtain samples of all materials to be used in the work at any stage of the production and construction process and to test such samples for the purpose of determining specification compliance.
Materials that failed the tests shall be replaced by the Contractor, and retesting for specifications compliance shall be at the Contractor's expense.
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SECTION 211 - MATERIAL TESTS
211-1 COMPACTION TESTS [Add the following to this section:] 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 or moisture level lower than that specified, the Contractor shall rework that portion until the specified density and moisture level 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.
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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. Providing traffic control and maintinaing all signs, barricades and flashers necessary to maintain proper control and issuance of notices of access changes or parking space closures.
8. Notices to property owners, coordination with others and coordination with utility companies.
9. Clearing and removal of debris from site of work.
10. Removal of structures, as directed by Engineer to be removed or abandoned.
11. Delay in work necessary to accommodate utility relocations by others.
12. 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]:
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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 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.
The existing asphalt concrete pavement includes a layer of pavement reinforcing fabric installed between asphalt lifts. The Contractor shall anticipate encountering this fabric during cold milling operations. Removal and disposal of the pavement fabric shall be included as part of the work. No additional compensation will be allowed for handling, separating, or disposing of the fabric.
300-1.1.4 Payment. [Add the following to this section]:
Cold milling and disposal of asphalt pavement will be measured and paid for per Section 404-12. 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.
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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.
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.
300-1.4 Payment. [Add the following]:
Unless otherwise specified, compensation for clearing and grubbing shall be 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.
300-1.6 Removal and Disposal of Materials [Add section.] 300-1.3.1 General. [Add the following]:
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.
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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. Removal and disposal of the pavement fabric is included as part of the work. No additional compensation will be allowed for handling, separating, or disposing of the fabric. (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.
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.
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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 2 inch depth and in PC concrete minimum 2 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.
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. The existing asphalt concrete pavement includes a layer of pavement reinforcing fabric installed between asphalt lifts. The Contractor shall anticipate encountering this fabric during cold milling operations. 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 2” Grind/AC Overlay R&R 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
1774061.2 SP-39 LH 6909-01/2023
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]:
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]:
Concrete shall be placed directly on subgrade in which the top 6 inches has been compacted to a relative compaction of not less than 95 percent and moisture-conditioned to at least 2 percent above optimum moisture content, or as directed by the Engineer. 301-1.7 Payment. [Add the following to this section]:
Compensation for manhole and valve adjustments shall be per Section 402-9.1 and 403-3.4 of these specifications.
SECTION 302 - ROADWAY SURFACING
302-4 SLURRY SEAL SURFACING.
302-4.8 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. 302-4.9 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.
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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.
The Contractor shall air blow all debris and moisture from all cracks 1/4” or greater, treat with weed killer, and then fill with approved crack sealant material 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.
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. 302-4.12.3 Rubberized Emulsion-Aggregate Slurry Seal Surfacing [Add the following to this section]:
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The Type I Rubberized Emulsion-Aggregate Slurry (REAS) shall be measured and paid at the unit price bid per SQUARE Foot for material actually placed. The Type I Central Plant Mixed Rubberized-Emulsion-Aggregate Slurry (CMREAS) unit price bid shall include full compensation for specified surface preparation, removals, sweeping, placing BMP’s, materials and equipment required in the mix design, and for applying the Type I EAS in place. 302-4.13 Warranty [Add new Section as follows]:
Contractor shall provide a pro-rata five (5) year warranty against CMREAS product failure as measured by loss of material coverage from the site of the application since the date of installation.
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. 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.
Section 302-5.3.4 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.
(3) Providing headers (if shown on plans) in accordance with Subsection 302-5.5 of the Standard Specifications.
(4) Root removal.
302-5.8 Tack Coat. [Add the following to this section]:
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Tack coat material for overlay shall be SS-1H applied at a rate of 0.10 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 0.05 gallons per square yard each with full “break” in between, or 0.10 gallons per square yard SS-1H uniformly in one coat on all vertical joins of AC patching.
302-5.9 Placement.
302-5.9.1 General. [Delete the third 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 schedule and coordinate delivery of material to maintain a continuous paving operation, preventing interruptions and avoiding cooling of the material below placement temperature. Delivery scheduling and material handling are critical to achieving proper compaction and ride quality.
302-5.9.2 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.
302-5.10 Rolling. [Add to this section]:
If the asphalt concrete cools below the minimum placement temperature of 260°F before breakdown rolling is completed, the affected area shall be removed by an approved method to a minimum depth of 1 inch, without creating feather-edges at joints, and repaved in accordance with these Specifications.
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In over-excavated areas to address wet subgrade conditions, asphalt concrete shall be placed with minimum disturbance to the subgrade. Compaction in these areas shall be by light rolling with a steel-wheel roller, and the density requirements of 302-5.11 are waived. AC shall be placed in lifts not exceeding 6 inches in compacted thickness, and each lift shall be allowed to cool for 24 hours before the next lift is placed.
Rollers shall be self-propelled and in good mechanical condition, capable of smooth, straight-path operation with no leakage of petroleum products. Two-axle steel-wheel tandem rollers shall weigh not less than 8 tons (7,260 kg). Roller wheels shall be kept moist with sufficient water to prevent pickup of bituminous material, but not so much as to be detrimental to the pavement. 302-5.12 Smoothness. [Add to this section]:
If, in the opinion of the City Engineer, the ride quality of the final asphalt concrete surface is not acceptable, the Contractor shall, within seven (7) calendar days of placing the final surface course, have the surface profiled using a California Profilograph in accordance with California Test 526 and shall provide the City an original profilograph trace. No extension of time or additional compensation will be allowed to achieve the ride quality requirements.
If the finished surface of the asphalt concrete in the traffic lanes does not meet the specified surface tolerance, the Contractor shall bring it within tolerance by either (1) grinding to a minimum depth of 2 inches, or (2) removal and replacement. The method shall be selected by the Engineer.
All corrective work shall be at the Contractor's expense. 302-5.14 Measurement and Payment [Add the following to this section]:
Asphalt Concrete. Payment shall be made for asphalt concrete overlay at the contract unit price bid per Ton and shall include full compensation for all labor, materials, tools and equipment, and for doing all work involved in A.C. overlay including crack sealing, with or without paving fabric as specified, leveling course and placement of temporary striping. 2” Grind and AC Overlay Remove and Replace. Payment for the removal and replacement of asphalt concrete at multiple sites as designated herein shall be made at the contract unit price bid per Square Foot and shall include full compensation for all labor, materials, tools, and equipment for excavation, cold planning/grinding, removal, re-compaction of sub-grade, root removal to a depth of 4” below subgrade, disposal, AC pavement complete and in place, and daily placement of temporary traffic striping.
Bituminous Pavement Crack Sealing shall be included within the unit cost for Type I Central Plant Mixed Rubberized Emulsion-Aggregate Slurry or included within the Crack Sealing Lump Sum Bid Item, as applicable, and shall include full compensation for all labor, materials, tools, and equipment necessary to complete this item, and no additional compensation is allowed therefore. 302-17 BITUMINOUS PAVEMENT CRACK SEALING [Add this section]:
302-17.1 General. [Add the following section]:
Crack sealant shall be a hot-applied rubberized asphalt crack sealant conforming to ASTM D6690 Type II and AASHTO M324 Type II. Sealant shall be installed in accordance with the manufacturer’s written recommendations and ASTM D6690 Appendix X1 application guidance.
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Approved products include Crafco PolyFlex Type 2, Deery Super Stretch 80180, Maxwell Elastoflex 650, or approved equal.
302-17.3 Crack Repairs. [Add this section]:
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 sealant.
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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.
CRACKFILL CREW - CERTIFICATE OF PROCEDURES
***No work shall begin without this certificate on site, signed by the foreman.*** As the on-site supervisor of the crackfill crew, I hereby certify that I am aware of and will provide for application such that: “Crackfiller shall be maintained upon application below the top of cold mill texturing and shall be thoroughly squeegeed immediately thereafter.” I also certify that I have verified that the crackfill material is the same material shown on the Certification of Compliance, or is the precise product identified in the specifications:
___________________________________
(Crackfill Manufacturer Product Name)
Print Name:
Signed Date
302-17.4 Measurement and Payment. [Add this section]:
Crack Sealing shall be included within the unit cost for Type I Central Plant Mixed Rubberized Emulsion-Aggregate Slurry or included within the Crack Sealing Lump Sum Bid Item, as applicable, and shall include full compensation for all labor, materials, tools, and equipment necessary to complete this item, and no additional compensation is allowed therefore.
SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION
303-5 CONCRETE CURBS, WALKS, GUTTERS, AND CROSS GUTTERS, ALLEY
INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS
303-5.1 Requirements.
303-5.1.1 General. [Add the following to this Section]:
Saw cuts shall be made at existing joints or cracks or at least 8 feet from an existing joint or crack, and if the saw cut is made at an existing crack, the saw cut shall include the crack within the removal area. Spandrel shall be saw cut a maximum 2 inches from curb face minimum 3 inch depth.
The Contractor shall verify with a “smart level” that the ADA required maximum ramp and sidewalk grades are not exceeded both when marking the required saw cut removal limits and when setting the concrete forms, prior to pouring any curb ramp locations. It shall be the Contractor’s responsibility to supervise and utilize the proper experienced personnel to ensure that the proper saw cut limits are established for all curb ramp locations. The City shall not be responsible to direct the Contactor’s crews or otherwise serve in this management capacity. The City shall be present to verity the concrete forms, prior to pouring any PCC construction improvements.
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The Contractor shall verify with a “smart level”, string line and/or water testing that positive drainage is maintained. The City shall be present to verify the concrete forms, prior to pouring any concrete construction improvements.
Adjacent asphalt and base removal and replacement with full depth AC base course, associated with the curb and gutter reconstruction, shall be a minimum depth of 6-inches and a minimum width of 18-inches and shall conform to the requirements established elsewhere in these Special Provisions.
Note that existing traffic signal and interconnect conduits may be located at shallow depths under the existing PCC sidewalks at signalized intersections. The Contractor shall use extreme caution when removing existing PCC curb and gutter. The Contractor shall notify USA Dig Alert to identify existing utilities within the Project limits.
The sidewalk and curb ramp work shall include all related adjustments of pull boxes, pull box covers and protection of traffic signal poles and signs that fall within the proposed PCC ramp and sidewalk construction limits, unless otherwise called for on the plans. Since the adjustment of pull boxes and pull box covers may require lowering the pull box and pull box cover, said work shall also be considered to include the adjustment of conduit sweeps and conductors if they are found to encroach high enough into the new ramp finished surface plane. It is the Contractor’s responsibility to review in the field in advance all existing pullboxes, which fall within the proposed PCC ramp construction limits, to confirm whether the existing conduit sweeps and conductors will encroach into the proposed finished surface when the pullboxes are adjusted to grade and to bid accordingly.
The contractor shall schedule his operations in such a manner that the duration of time between demolition of curb and gutter, sidewalk and/or curb ramps and concrete placement shall not exceed 72 hours, which includes weekends. Sidewalk and curb ramps shall be opened to pedestrian access on the day following the concrete placement. In addition, all forms shall be removed, irrigation systems shall be repaired, and backfilled placed within 72 hours following concrete placement at each of the curb and gutter reconstruction locations.
Section 6-9.1 of these specifications will apply for failure to adhere to these time limits.
Concrete curb ramp construction shall include a 3-foot deep by 4-foot wide rectangular truncated dome mat and 12” wide grooving layout per the latest Caltrans Standard Plan No. A88A and A88B. The truncated dome mat shall be yellow in color for all application.
A single panel cast-in-place truncated dome mat, constructed of Vitrified Polymer Composite (VPC) by Equal Tile (626) 494-1827, www.equalite.com, or Armor-Tile (800) 682-2525, www.armor-tile.com, or approved equal, shall be required on all new curb ramps.
The truncated dome mat shall be installed across the entire width of the bottom of the curb ramp (typically 4-foot by 3-foot) and shall be installed per the manufacturer’s installation recommendations, and as directed by the Engineer.
At a minimum the Contractor shall adhere to the truncated dome mat manufacturer’s installation requirements including proper surface preparation and protection of the work and surrounding area.
Where retaining curbs are required at the back of curb ramp / sidewalk to make up for a difference in elevation between the existing grade and proposed curb ramp / sidewalk grade, the construction of said retaining curb shall be considered as part of the curb ramp / sidewalk work.
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All work necessary to construct the improvements shall be confined to City right-of-way.
All excavation and forms necessary to construct the improvements shall not disrupt private property. In cases where improvements on private property need to be removed, prior approval from the Engineer or designee shall be obtained, and said improvements shall be replaced to its original condition to the satisfaction of the Engineer or designee. The contractor shall enter into a temporary agreement with the property owner to allow access for construction on private property. Such agreement shall be provided to the City immediately after signatures are obtained. Costs, if any, for obtaining authorization shall be deemed as included in all other items of work and no additional compensation will be allowed Contractor shall ensure that the protection of all existing facilities, structures, and improvements on public and/or private property are maintained throughout the entire Project duration, including, but not limited to, the following: walls, driveways, decorative/colored concrete, stamped concrete, fencing, catch basins, curb and gutter, striping, signs, fire hydrants, landscaping, irrigation, concrete, and asphalt. Any damage to existing public and/or private facilities, structures, utilities, traffic signal loops, and improvements shall be repaired to the satisfaction of the Engineer by the Contractor at no cost to the City.
For the purpose of forming the new curbs and gutters, curb ramp, and cross gutter, a minimum of one-foot wide strip of asphalt concrete pavement shall be removed adjacent to the new curb and gutter, ramp, or cross gutter. The strip shall be replaced with a 12" full depth asphalt concrete as directed by the Engineer.
For the purpose of transitioning the new curbs and gutters, curb ramp, and cross gutter, a pavement transition may be required. The limits of removal shall be determined by the engineer.
The pavement transition shall be replaced with a 12" full depth asphalt concrete as directed by the Engineer.
No open trench (forming strip or pavement digout) shall be left unattended at any time. All trenches shall be backfilled and paved or covered with steel traffic plates at the end of each working day.
In addition to concrete curb and gutter construction that is related to the concrete curb ramp construction; Concrete curb and gutter that is constructed in conjunction with the new curb ramps shall not be constructed monolithic with the adjacent curb ramp or sidewalk.
Upon demolition and removal of existing concrete, expansive subgrade, as determined by the City, shall be prepared to comply with the provisions of Orange County Standard Plan 1204. The minimum depth of subgrade preparation shall be 12 inches, moisture conditioned to 5 percent over optimum moisture content, and compacted to at least 90 percent minimum relative compaction (ASTM D1557). All costs for subgrade preparation shall be considered incidental to curb ramp construction.
Where constructed over expansive subgrade, concrete shall be 5 inches minimum thickness and shall be doweled into adjacent curbs and flatwork with No. 3 reinforcing bars, doweled 7 inches into adjacent concrete at 24-inch centers. Construction joints shall be spaced a maximum of 5 feet apart. A 2-inch layer of aggregate base (CMB or CAB) shall be placed between the top of subgrade and the bottom of new concrete.
303-5.5 Finishing.
303-5.5.4 Gutter. [Add the following to this section]:
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When the gutter is constructed, it shall be water tested. If any portion of the newly constructed gutter is shown to pond water, that portion, including curb if applicable, shall be removed, reconstructed and retested by the Contractor at no additional cost to the City. The exact limits of removal will be determined based on a survey conducted by City forces, unless otherwise directed by the Engineer.
303-5.9 Measurement and Payment. [Add the following to this Section]:
Payment for the Install New ADA Curb Ramp bid item shall be included in the Contract unit price per EACH bid item as indicated in the bid schedule. The unit price shall include full compensation for all colored and non-colored concrete, spandrel repair, curb and gutter, cast in-place detectable warning surface (truncated domes), saw cutting, existing concrete and asphalt concrete removal and disposal, all related root pruning if any, all related forming, sub-grade preparation, all related adjacent sprinkler system modifications and adjustments, all replacement asphalt concrete pavement as required to provide room for concrete forms, protection of existing parkway drain pipe that outlet through the existing curb face if any, adjustment of all pull boxes (including the adjustment of conduit sweeps and conductors when conflicting) and adjustment of other utility covers to the new grades, cross walk restriping, protecting existing improvements within and adjacent to the work, furnishing all labor, materials, tools, equipment and incidentals and for completing all work involved as specified herein, and as shown on the Project Plans and referenced standard plans. All existing traffic signal loops to be protected in place. Any loops damaged during construction will be replaced within 24 hours by the contractor and no additional compensation will be allowed.
Payment for concrete sidewalk, which is related to the concrete curb ramp construction, within the curb ramp and curb return areas, shall be included in the Contract unit price per Remove & Replace Existing Curb Ramp per Caltrans Standard Plan No. A88A bid item as indicated in the bid schedule. Any concrete sidewalk removal required to construct new curb ramps per ADA required maximum curb ramp and sidewalk grades shall be included as part of the work for the curb ramp bid item. Full compensation for this shall include but not be limited to, furnishing all labor, materials, tools, and equipment necessary for doing all work.
Retaining concrete curbs, which are required at the back of concrete curb ramps and sidewalks shall be paid for as part in the Contract unit price per Remove & Replace Existing Curb Ramp per Caltrans Standard Plan No. A88A bid item as indicated in the bid schedule and no additional compensation will be allowed.
Payment for asphalt concrete for forming or transitioning improvements shall be included in the Contract unit price per each Remove & Replace Existing Curb Ramp per Caltrans Standard Plan No. A88A bid item for as indicated in the bid schedule. Full compensation for this item shall include but not be limited to furnishing all labor, materials, tools and equipment necessary for doing all the work.
Adjacent asphalt concrete/aggregate base removal and replacement full depth asphalt concrete base course, associated with all concrete reconstruction work shall be included in the Contract unit price per Remove & Replace Existing Curb Ramp per Caltrans Standard Plan No. A88A bid item as indicated in the bid schedule and no additional compensation will be allowed.
Payment for Remove and Construct 4” PCC Sidewalk bid item shall be included in the Contract unit price per SQUARE FEET as indicated in the bid schedule. The unit price shall include full compensation for all related root shaving/grinding if any, all related forming, sub-grade preparation, all related adjacent sprinkler system modifications and adjustments, all replacement AC pavement as required to provide room for concrete forms, protection of existing parkway drain
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pipe that outlet through the existing curb face if any, adjustment of all pull boxes (including the adjustment of conduit sweeps and conductors when conflicting) and adjustment of other utility covers to the new grades, removal and disposal of any existing asphalt ramps between sidewalk panel joints, protecting existing public and/or private improvements within and adjacent to the work, replacing any landscaping and/or irrigation in kind that is damaged during construction activities, and furnishing all labor, materials, tools, equipment and incidentals for completing all work involved as specified herein, and as shown on the Project plans and referenced standard plans.
Payment for Construct PCC Curb & Gutter shall be made at the Contract price bid per LINEAR FOOT as indicated in the bid schedule and shall include full compensation for furnishing all labor, material, tools, equipment and incidentals; and for doing the work involved to construct the curb and gutter complete in place, including saw cut to acceptable limits, removal and disposal of concrete and subgrade removed within the saw cut limits, making grade, and necessary traffic control as specified in these Special Provisions and as directed by the Engineer, and no additional compensation will be allowed therefor.
SECTION 309 – MONUMENTS
309-1 Description. [Add the following to this section]:
All work shall be performed by a California licensed land surveyor or civil engineer qualified to perform survey work. The work shall consist of searching and locating existing centerline survey monuments; tie existing locations; coordinate removal with City Engineer; reset monuments upon completion of construction; prepare 8 ½” by 11” size tie sheets showing location of monuments and ties; and file with City Engineer.
Monuments to be reset shall include all those found along centerline of streets within the Project boundary, all lot corner monuments disturbed by the construction shall be identified and protected or reset as necessary.
309-4 Payment. [Add the following to this section]:
The cost of all work described above and also including all costs of materials, labor, tools, equipment, and incidentals, and for doing all the work involved, complete in place, shall be included in the Contract LUMP SUM unit price bid for Surveying and Monument Preservation, and no additional compensation shall be allowed.
SECTION 314 – TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT
MARKERS
314-4.3 Painted Traffic Striping and Curb and Pavement Markings Section 210 and Section 314 of the Standard Specifications for Public Works Construction are hereby replaced with the following:
Removal and replacement of existing Traffic Striping, Pavement Markings, Signing, Delineators and Pavement Markers shall conform to the provisions in Section 82, "Signs and Markers", Section 82-9, "Roadside Signs", Section 84-2, "Traffic Stripes and Pavement Markings", and Section 81-3, "Pavement Markers", of the State of California, Department of Transportation's Standard Specifications, latest edition and the State of California, Department of Transportation's Standard Plans, latest edition (hereinafter referred to as the State Standard Specifications and the State Standard Plans, respectively), where applicable and these Special Provisions.
1774061.2 SP-50 LH 6909-01/2023
Paint Traffic Stripes and Pavement Markings.
Painting traffic stripes (traffic lanes) and pavement markings shall conform to the provisions in Section 84-1, "General," and 84-2, "Painted Traffic Stripes and Pavement Markings," of the State Standard Specifications and these Special Provisions.
The CONTRACTOR shall furnish the necessary control points for all striping and markings and shall be responsible for the completeness and accuracy thereof to the satisfaction of the ENGINEER.
The CONTRACTOR shall perform all layout, alignment, and spotting for traffic stripes and markings. Traffic striping shall not vary by more than ½ inch in 50 feet from the alignment shown on the plans. The dimensional details of the stripes and markings shall conform to the provisions set forth in the latest California Manual on Uniform Traffic Control Devices (CA MUTCD) and State Standard Plans available from Caltrans.
Spotting with cat tracks or dribble lines shall be performed prior to the removal of existing stripes.
Cat tracks shall consist of spots of paint not more than 3 inches in width and not more than 5 feet apart along the alignment of the stripe. Paint for the cat tracks shall be the same as that for the intended stripe. Paint for the dribble lines shall be neutral color obtained by mixing approximately two parts white paint with one part black paint.
SPOTTING - Spotting shall be completed prior to the removal of any existing stripes or markings.
Existing stripes and markings shall be removed prior to painting new ones, but in no case shall any section of street be left without the proper striping for more than 24 hours, or over weekends or holidays.
No striping or painting work shall start until the ENGINEER has specifically approved the spotted markings. Existing striping and markings, if any, shall be removed prior to painting new, but in no case shall any section of street be left without the proper striping for more than 24 hours, or over the weekends or holidays.
MATERIALS - Materials shall conform to the provisions in Section 84 - "Materials," of the State Standard Specifications and these Special Provisions. All traffic striping and pavement markings shall be two coats of paint with glass beads unless otherwise approved by the City Engineer. A minimum of 7 days and a maximum of 14 days shall elapse between application of the first and second coats of paint.
The paint for traffic striping and markings shall be as follows:
• High Performance Water Borne, Rapid Dry, White - PERVO Paint Co. #6000, or approved equal.
• High Performance Water Borne, Rapid Dry, Black - PERVO Paint Co. #6002, or approved equal.
• High Performance Water Borne, Rapid Dry, Yellow - PERVO Paint Co #6001, or approved equal.
All lines, legends, crosswalks, limit lines, and shapes shall be paint.
The paint for concrete curbs shall be the following, or an approved equal:
1. PERVO Paint Co. #6004 Red
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All paint shall meet SCAQMD Rule 1113.
Glass beads shall conform to State Specification 8010-004.
All pavement markings shall match City stencils.
Measurement and Payment
Payment for Traffic Striping, Markers, and Markings shall be considered as included in the LUMP SUM bid for Striping and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved in traffic stripes, and pavement markings, including establishing alignment for stripe and layout work as shown on the plans and as required in the Specifications. Payment shall be made at the Contract lump sum price bid and shall include full compensation for all costs incurred by the Contractor for doing all the work involved as specified herein.
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PART 4 EXISTING IMPROVEMENTS
SECTION 400 - PROTECTION AND RESTORATION
400-2 PERMANENT SURVEY MARKERS [Replace section in its entirety with the following:]
The Contractor will be required to contract for the services of a Land Surveyor or Civil Engineer authorized to perform surveying services licensed in the State of California to perform the following services:
Establish the location of all monuments that are presently visible that will be disturbed as a result of the street resurfacing and reestablish said monuments at the completion of the project. The Surveyor will be required to tie out all existing monuments (only visible monuments will be required to be reset) that will be disturbed in conformance with all applicable state laws prior to the resurfacing operations.
The Surveyor shall prepare and furnish to the City Engineer, prior to any surfacing, a plan or sketch showing the locations of the monuments found and proposed to be preserved. The project may be subdivided into areas that may be submitted individually to allow the Surveyor to stay in front of the Contractor’s operations and not impede the Contractor’s progress. Upon completion of the resurfacing, the Surveyor shall reestablish all disturbed monuments in conformance with all applicable state laws.
The Licensed Land Surveyor shall file corner record(s) as required by Sections 8772 and 8773, et seq., of the California Business and Professions Code. Corner Records shall be prepared on the form required and in compliance with BPELSG Rule 464 for each monument being preserved.
More than one preserved monument may be shown on a Corner Record, if desired by the responsible surveyor. In lieu of the Corner Records, a Record of Survey may be prepared showing all monuments and tie/reference points involved in this project.
All records, either Corner Records or Record of Survey, will be forwarded for checking and recordation to the County of Orange. At the same time these are forwarded to the County, a digital copy of same in Adobe PDF format shall be delivered to the City Engineer. No records will be finally filed/recorded at the County until approved as to form and content by the City Engineer.
For each monument reset, a Corner Record, or Record of Survey, in compliance with state laws and Board Rules shall be prepared and forwarded to the County of Orange for review and filing.
At the same time, and every time, the records are submitted to the County, they shall also be transmitted to the City Engineer in digital format for his review and approval. The final filing or recordation shall not be made until the City Engineer indicates his approval. Final payment of the Contract Retention for the project will not be made until all monuments have been reset to the satisfaction of the City, all records have been processed through the County of Orange, and approved and filed in the case of Corner Records, or approved and recorded in the case of a Record of Survey. The City reserves the right to have the monuments and documentation inspected by the City Surveyor for compliance with all State Law, The Subdivision Map Act, and the Professional Land Surveyor’s Act. Digital copies in PDF format of all the filed/recorded documents shall be furnished to the City Engineer.
400-3 PAYMENT [Delete last sentence and replace with the following:]
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The cost of all work described in 400-2 and also including all costs of materials, labor, tools, equipment, and incidentals, and for doing all the work involved, complete in place, shall be included in the Contract LUMP SUM unit price bid for Surveying and Monument Preservation, and no additional compensation shall be allowed.
SECTION 402 – UTILITIES
402-7 LOCATION. [Add the following section]:
The Contractor shall notify the utilities designated in the General Specifications at least 48 hours in advance of excavating around any of their structures.
The existence and locations of utilities shown on the drawings have been determined by a search of the available records as provided by the respective utility owner. The exact locations have not been determined by potholing unless so indicated on the drawings. The Contractor shall determine the exact location of all existing utilities prior to commencing work. Contractor agrees to be fully responsible for any and all damages which may be caused by his failure to exactly locate and preserve any and all underground utilities, whether shown on the plans or not. In the event the Contractor encounters underground utilities not shown on the plans, he shall verify the exact location of the utility and immediately notify the Engineer, regardless of whether the unknown utility conflicts with the proposed construction or not. In the event of such a previously unknown conflict, the Contractor shall immediately notify the Engineer as to the extent, if any, of delays or additional costs resulting from said conflict. The Contractor shall perform work and provide necessary materials to disconnect or relocate existing utilities as indicated. Record on record drawings all existing utility termination points before disconnecting.
When uncharted or incorrectly charted underground piping or other utilities and services are encountered during site work operations, notify the applicable utility company immediately to obtain procedure directions. Cooperate with the applicable utility company in maintaining active services in operation.
In the event the Contractor damages an existing utility line, the Contractor shall restore damaged utilities within three (3) working days.
Pursuant to Government Code Section 4215, if any main or trunkline utility facilities that are not indicated in the drawings, plans or specifications and are determined by Contractor to be located on the site of any construction project that is a subject of the contract, the City shall assume the responsibility for timely removal, relocation, or protection of the existing main or trunkline utility facilities. The Contractor will be compensated for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy, and for equipment on the Project necessarily idled during such work. The Contractor will not be assessed liquidated damages for delay in completion of the Project when such delay was caused by the failure of City or the utility owner to provide for removal of relocation of such utility facilities. Nothing herein shall be deemed to require the City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the site of the construction Project can be inferred from the presence of other visible facilities, such as buildings, meter and junction boxes, on or adjacent to the site of the construction; provided, however, nothing herein shall relieve the City from identifying main or trunklines in the plans or specifications. Nothing herein shall preclude the City from pursuing any appropriate remedy against the utility for delays which are responsibility of the utility. Nothing herein shall be construed to relieve the utility from any obligation as required either by law or contract to pay the cost of removal or relocation of existing utility facilities. If the Contractor, while performing the contract, discovers utility facilities not
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identified by the City in the Contract Plans or Specifications, Contractor shall immediately notify the Engineer and utility in writing. The public utility, whether they are the owner, has sole discretion to perform repairs or relocation work or permit the Contractor to do such repairs or relocation work at a reasonable price.
402-8 SCHEDULE AND TOLERANCE OF UTILITY ADJUSTMENT [Add the following section]:
Sewer and storm drain manhole frames and covers shall be raised to the finished grade by the Contractor within 48 hours of final paving. The Contractor shall raise the tops of all frames and covers to range from flush to 1/4" above the finished grade of the immediately adjacent pavement.
All manhole frames and covers adjusted to grade by Contractor shall be cleaned per Section 403.
Section 6-9.1 of these specifications will apply for failure to adhere to these time limits. 402-9 WATER VALVE ADJUSTMENT AND RECONSTRUCTION [Add the following section]:
Existing valve covers shall be adjusted to grade by the Contractor, to the satisfaction of the Moulton Niguel Water District or the El Toro Water District or City of Laguna Hills, as appropriate.
All valves shall be individually raised, unless requested in writing by the Contractor forty-eight (48) hours prior to beginning of work and approved by the City.
All valves needing adjustment shall have the existing riser and cover as well as the entire concrete ring removed. A new riser and cover if deemed necessary shall be set and a new concrete ring placed. Work on valves shall be done in accordance with Water District standard plans.
Water valves shall be protected in a place and masked off and shall be accessible at all times during construction.
All valves needing adjustment shall have the existing riser and cover as well as the entire concrete ring removed. A new riser and cover if deemed necessary shall be set and a new concrete ring placed. Work on valves shall be done in accordance with Water District standard plans.
The Contractor shall notify in writing the MOULTON NIGUEL WATER DISTRICT or the EL TORO WATER DISTRICT forty-eight (48) hours prior to beginning of work. With copies of the notification to the City.
402-9.1 Measurement and Payment [Add the following section]:
Payment for Adjust Water Valve to Grade shall be paid at the Contract unit price bid for EACH.
Full compensation for this item shall include but not be limited to furnishing all labor, materials, tools, and equipment necessary for doing all the work, including adjusting water valve box and covers to cold mill grade and readjustment to finish grade, compaction, and all appurtenant work as specified.
SECTION 403 – MANHOLE ADJUSTMENT AND RECONSTRUCTION
403-2 MANHOLES IN CONCRETE PAVEMENT. [Add the following to this section]:
Vaults with their top slab on grade shall be protected in place. 403-3.1 Manholes (and Other Structures). [Add the following section]:
Sewer manholes shall be adjusted to grade per Section 403-3.2. Storm drain manholes shall be adjusted to grade per Section 403-3.3 subject to the requirements of the Moulton Niguel Water
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District or the El Toro Water District or City of Laguna Hills, as appropriate. Sewer and storm drain manhole frames and covers shall be raised to the finished grade by the Contractor within 48 hours of final paving. The Contractor shall raise the tops of all frames and covers to range from flush to 1/4" above the finished grade of the immediately adjacent pavement. All manhole frames and covers adjusted to grade by Contractor shall be cleaned. Section 6-9.1 of these specifications will apply for failure to adhere to these time limits.
Any surfaces utilities encountered that are not storm drain, sewer, or water shall be adjusted by the utility owners. If an adjustment is necessary, the Contractor shall notify utility owner at least forty-eight (48) hours prior in advance, of the need to commence work required prior to paving operations and again for work required after paving operations. 403-3.2 Adjustment of Sewer Manholes. [Add the following section]:
Adjustments to grade of sewer manholes shall conform to the provisions of the Standard Plans of the Moulton Niguel Water District or the El Toro Water District or City of Laguna Hills, as appropriate, and these Special Provisions. Manholes shall not be inaccessible for more than 5 working days.
Prior to the start of work all manhole lids need to be masked off and covered. A false bottom system as described below shall be in place in all impacted manholes to assist the contractor with the collection and removal of all debris resulting from their work as required per Greenbook Section 301-1.6.
The manholes to be adjusted shall have all existing mortar as well as the entire concrete frame/ring removed, a new ring or rings (however many may be necessary) set and ½-inch of new cement mortar and a new concrete frame placed. The joint between the new ring or rings and the existing manhole shall have an acceptable sealant applied on the inside to protect the integrity of the existing manhole liner from seepage. All work on manholes shall be done in accordance with Water District standard plans and per District design criteria. The pavement shall be replaced with an asphalt concrete structural section equivalent to that existing in adjacent areas.
The method of adjusting existing manholes in areas of new construction or reconstruction shall be as follows:
(1) Upon completion of roadway construction, circular holes, no larger than 1’ greater than the manhole, shall be cut where the manhole exists. (2) The manholes shall then be raised to the proper grade, the manhole frames and covers replaced, and the pavement shall be replaced with an asphalt concrete structural section equivalent to that existing in adjacent areas.
If the manhole cover is unstable or noisy under traffic, said conditions shall be corrected by placing a coil of asphalt saturated rope, a plastic type washer or asphaltic compounds, as approved by the Engineer, on the cover seat.
For the false bottom system for sewer manhole frame adjustments, the Contractor shall exercise care so that surface materials such as rocks, dirt, and debris do not enter sewer lines. In order to prevent contamination, the Contractor shall be required to provide a ¾-inch thick plywood platform to be placed on the concrete shelf at the bottom of the manhole. The shape of thisplatform shall conform to the circumference of the inside wall at the shelf elevation. Contractor shall arrange for Engineer to inspect inside of all sewer manholes after plywood shelves have been installed, prior
1774061.2 SP-56 LH 6909-01/2023
to any work being done, including cold milling of street. After the manhole has been adjusted, the material accumulated on the plywood shelf, and plywood shelf shall be removed from the manhole in the presence of the Engineer, and disposed of in accordance with Section 300-1.2.1, “Removal and Disposal of Materials,” of the Standard Specifications. In addition, prior to removal of the inserts, the Contractor shall contact the Engineer to verify that all debris has been removed from the sewer system.
403-3.3 Adjustment of Storm Drain Manholes. [Add the following section]:
Adjustments to grade of storm drain manholes shall conform to the provisions of the Standard Plans of Public Works Construction and these Special Provisions.
The method of adjusting existing manholes in areas of new construction or reconstruction shall be as follows:
(1) Upon completion of roadway construction, circular holes, no larger than 1’ greater than the manhole, shall be cut where the manhole exists. (2) The manholes shall then be raised to the proper grade, the manhole frames and covers replaced, and the pavement shall be replaced with an asphalt concrete structural section equivalent to that existing in adjacent areas.
If the manhole cover is unstable or noisy under traffic, said conditions shall be corrected by placing a coil of asphalt saturated rope, a plastic type washer or asphaltic compounds, as approved by the Engineer, on the cover seat.
403-3.4 Measurement and Payment [Add the following section]:
Payment for Adjust Sewer Manhole to Grade shall be paid at the Contract unit price bid for EACH. Full compensation for this item shall include but not be limited to furnishing all labor, materials, tools, and equipment necessary for doing all the work, including adjusting sewer manhole frame and covers to cold mill grade and readjustment to finish grade, compaction, and all appurtenant work as specified.
Payment for Adjust Storm Drain Manhole to Grade shall be paid at the Contract unit price bid for EACH. Full compensation for this item shall include but not be limited to furnishing all labor, materials, tools, and equipment necessary for doing all the work, including adjusting storm drain manhole frame and covers to cold mill grade and readjustment to finish grade, compaction, and all appurtenant work as specified.
SECTION 404 – COLD MILLING.
404-1 GENERAL. [Add the following to this section]:
Cold milling will not be considered complete until all loosened material is removed from the Project site.
The contractor shall schedule his operations in such a manner that the duration of time between edge cold milling and asphalt placement shall not exceed 96 hours, which includes weekends. Section 6-9.1 of these special provisions will apply for failure to adhere to these time limits.
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Cold milled streets shall be approved by the Engineer as completed for cold milling prior to paving.
Sweepers used for cold mill sweeping shall not enter on streets approved as completed for cold milling.
404-2 MILLING MACHINE. [Add the following to this section]:
The Contractor shall furnish a self-propelled machine especially designed and built for grinding flexible and rigid pavements to the depth shown on the plans in one pass. The machine shall be equipped with standard automatic depth controls and must maintain a constant cutting depth and width without tearing or gouging the underlying surface and blade material into a windrow. The machine shall consist of 60" minimum width cutting drum with carbide tip teeth. Drum lacing patterns shall permit a grooved or smooth surface finish as selected by the Engineer and the drum shall be totally enclosed in a shroud to prevent discharge of any loosened material into adjacent work areas. The machine shall be capable of operating at speeds from 5 to 50 feet per minute and designed so that the operator can observe the work without leaving his control area. It shall be adjustable as to crown and depth by tilting the drum axis and shall have a guidance system furnished to assist operator to control grade and match adjacent pavements or cuts. The equipment shall be demonstrated to have been operated on similar work completed prior to the award of this contract.
404-2.5 Method. [Add this section]:
The operator shall furnish the milling machine operated by experienced workmen. The surface tolerance produced shall be such that a 10 feet straight edge laid laterally will indicate variances of less than 3/8" (except in crown area) and a 10 feet straight edge laid longitudinally will indicate variances of less than 3/16".
At the end of each day’s paving, all vertical transverse construction joints shall be filled with cold mix asphalt concrete for a minimum horizontal distance, in direction of traffic, of 5 feet or as necessary to insure the surface grade changes do not exceed 3%. The intent is to provide a smooth transition for vehicular traffic. This transition shall be properly and continuously maintained until the final asphalt concrete course is placed. Temporary A.C. wedges will then be removed no sooner than 24 hours prior to paving. The temporary pavement shall be absorbed into the unit costs for cold milling and no additional compensation will be allowed.
It is Contractor’s responsibility to construct the A.C. surface course within 96 hours after the cold milling work is complete.
During cold milling, the Contractor shall remove all pavement reinforcing fabric encountered within the milling depth. Fabric shall be removed concurrently with milling operations and shall not be left in the milled surface.
The Contractor shall collect, load, haul, and dispose of the removed fabric and associated asphalt-impregnated material in accordance with all applicable regulations. Disposal is considered incidental to cold milling unless a bid item is provided.
The presence of pavement fabric shall not be grounds for additional compensation or time. The Contractor is responsible for selecting equipment and methods capable of removing pavement fabric.
404-7 WORK SITE MAINTENANCE. [Add the following]:
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Residue from grinding shall not be permitted to flow or travel into gutters, onto adjacent street surfaces or parkways. All residues shall be completely removed by a vacuum sweeper and properly disposed. Sweeping is to take place immediately after the grinding has been completed and as directed by the Engineer. No washing of any residue into gutters and/or drainage structures shall be allowed. The Contractor shall cover and protect all storm drain inlets prior to the start of cold milling operations.
404-8 DISPOSAL OF MILLINGS. [Add the following]:
No washing of any residue into gutters and/or drainage structures shall be allowed. The Contractor shall be required to place water permeable fabric secured by gravel bags across the openings of all catch basin openings prior to beginning the milling operations and conform to other related water quality procedures / requirements as detailed in the Water Pollution Control Plan (WPCP) Template in Appendix “A”.
Aggregate material loosened as part of the milling operation shall become the property of the Contractor and shall be disposed of offsite in accordance with Section 300-2.6 of the Standard Specifications.
404-10 Pavement Transitions. [Add the following]:
The Contractor shall provide access and detours at all times for pedestrian facilities and bike lanes when cold milling. Temporary asphalt concrete shall be placed and maintained at the interface between milled and non-milled areas to eliminate the hazard caused by sudden elevation differences, especially in pedestrian path of travel areas adjacent to wheelchair ramps, and shall be removed prior to placement of surface course pavement. 404-12 Payment. [Add the following]:
Payment for Cold Milling shall be considered included in the Contract unit price bid per SQUARE FOOT of various depths, and shall include full compensation for all labor, materials, tools, and equipment for doing all work involved in Cold Milling, including but not limited to, removal and disposal/recycle of excess material at a suitable site and disposal of any contamination encountered from pre-existing pavement fabric.
1774061.2
Appendix A – Water Pollution Control Plan Template
WATER POLLUTION CONTROL PROGRAM (WPCP)
for
START HERE…CLICK HERE TO INSERT PROJECT NAME-THEN TAB TO
NEXT FIELD
LAGUNA HILLS Contract Number:
INSERT LAGUNA HILLS CONTRACT NUMBER-THEN TAB TO NEXT FIELD.
Prepared for:
Insert Name of Lead Agency-then TAB.
Insert Address 1 and press ENTER to insert Address 2 or TAB to next field.
Insert City, State, ZIP-then TAB.
Insert Resident Engineer’s Name-then TAB.
Insert Resident Engineer's Telephone Number-then TAB.
Submitted by:
Insert Contractor's Company Name-then TAB.
Insert Address 1 and press ENTER for Address 2 or TAB to next field.-then TAB.
Insert City, State, ZIP-then TAB.
Insert Telephone-then TAB.
Insert Owner/Representative's Name-then TAB.
Project Site Address
Insert job site address, if any-then TAB.
Insert job site telephone number, if any-then TAB.
Contractor’s Water Pollution Control Manager
Insert WPCM's Name-then TAB.
Insert Telephone Number(s)-then TAB.
Contractor’s Designated Water Pollution Control Inspector (if different from WPCM) Insert Inspectors Name-then TAB.
Insert Telephone Number(s)-then TAB.
WPCP Prepared by:
Insert Company Name-then TAB.
Insert Address 1 and press ENTER to insert Address 2 or TAB to next field.
Insert City, State, ZIP-then TAB.
Insert Telephone-then TAB.
Insert Name and Title of Preparer-then TAB.
WPCP Preparation Date
Insert Date
Water Pollution Control Program (WPCP)
START HERE…CLICK HERE TO INSERT PROJECT NAME-THEN TAB TO NEXT FIELD Contract No. INSERT LAGUNA HILLS CONTRACT NUMBER-THEN TAB TO NEXT FIELD.
WPCP February 2010
J:\CIP PROJECTS\CIP 104 Paseo de Valencia Pavement Rehabilitation Project\Laguna Hills WPCP_Template Updated 02Mac10.doc - Unlocked.doc
Water Pollution Control Program (WPCP)
START HERE…CLICK HERE TO INSERT PROJECT NAME-THEN TAB TO NEXT FIELD INSERT LAGUNA HILLS CONTRACT NUMBER-THEN TAB TO NEXT FIELD.
WPCP Template 07-17-07 Page i
Contents
Section 10 WPCP Certification and Approval............................................................ 10-1
10.1 Contractor’s Certification and Approval by the Resident Engineer .... 10-1 Section 20 Project Information ................................................................................... 20-1 Section 30 Pollution Sources and Control Measures ............................................... 30-1
30.1 Soil Stabilization (Erosion Control) and Sediment Control................. 30-1
30.1.1 Soil Stabilization BMPs.......................................................... 30-2
30.1.2 Sediment Control BMPs ......................................................... 30-6
30.1.3 Tracking Control BMPs .......................................................... 30-8
30.1.4 Wind Erosion Control BMPs................................................. 30-10
30.2 Construction Site Management........................................................ 30-12
30.2.1 Non-Stormwater Management BMPs .................................. 30-12
30.2.2 Waste Management and Materials Pollution Control BMPs 30-15
30.3 Water Pollution Control Drawings (WPCDs).................................... 30-17
30.4 Construction BMP Maintenance, Inspection, and Repair................. 30-17
30.5 Training............................................................................................ 30-18 Section 40 Amendments ............................................................................................. 40-1 Section 50 Reporting ................................................................................................... 50-1
50.1 Discharge Reporting .......................................................................... 50-1 WPCP Attachments
Attachment A .......................................................Water Pollution Control Drawings Attachment B .......Maintenance, Inspection, and Repair of Construction Site BMPs Attachment C ................ Stormwater Quality Construction Site Inspection Checklist Attachment D .......................................................................................Amendments Attachment E ............................................................................ Notice of Discharge Attachment F .................................................................... Discharge Reporting Log Attachment G......................................................Trained Contractor Personnel Log
INSERT ADDTIONAL ATTACHMENT REFERENCES OR DELETE THIS LINE
Water Pollution Control Program (WPCP)
START HERE…CLICK HERE TO INSERT PROJECT NAME-THEN TAB TO NEXT FIELD INSERT LAGUNA HILLS CONTRACT NUMBER-THEN TAB TO NEXT FIELD.
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Section 10
WPCP Certification and Approval
10.1 Contractor’s Certification and Approval by the Resident Engineer
INSTRUCTIONS
The contractor, authorized and required by the Special Provisions to prepare and implement the WPCP, shall provide and sign the following certification:
REQUIRED TEXT
CONTRACTOR’S CERTIFICATION OF WPCP
"I certify under a penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to ensure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted, to the best of my knowledge and belief is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." Signature Date
Name and Title Telephone Number
INSTRUCTIONS
If LAGUNA HILLS is administering the project, then the LAGUNA HILLS Engineer, as the authorized representative of the Department shall provide and sign the following certification upon approval of the WPCP.
If a Local Agency is administering the project, then both the Local Agency Resident Engineer and the LAGUNA HILLS Oversight Engineer shall provide and sign the following certification upon approval of the WPCP.
Is a Local Agency / Private Entity administering the project?
Water Pollution Control Program (WPCP)
START HERE…CLICK HERE TO INSERT PROJECT NAME-THEN TAB TO NEXT FIELD Contract No. INSERT LAGUNA HILLS CONTRACT NUMBER-THEN TAB TO NEXT FIELD.
J:\CIP PROJECTS\CIP 104 Paseo de Valencia Pavement Rehabilitation Project\Laguna Hills WPCP_Template Updated 02Mac10.doc - Unlocked.doc WPCP Template 07-17-07 Page 10-2
REQUIRED TEXT WHEN LAGUNA HILLS IS ADMINISTERING PROJECT For Use by LAGUNA HILLS Only
LAGUNA HILLS RESIDENT ENGINEER'S APPROVAL OF WPCP
I, and/or personnel acting under my direction and supervision, have reviewed this WPCP and find that it meets the requirements set forth in the Special Provisions, the LAGUNA HILLS SWPPP and WPCP Preparation Manual, and the Standard Specifications Section 7-1.01G - Water Pollution.
LAGUNA HILLS Resident Engineer’s
Signature
Date of WPCP Approval
LAGUNA HILLS Resident Engineer's Name
(printed)
LAGUNA HILLS Resident Engineer’s Phone
Number
REQUIRED TEXT WHEN LOCAL AGENCY / PRIVATE ENTITY IS
ADMINISTERING PROJECT
For Use by Local Agency / Private Entity Only
LOCAL AGENCY / PRIVATE ENTITY RESIDENT ENGINEER'S APPROVAL OF WPCP I, and/or personnel acting under my direction and supervision, have reviewed this WPCP and find that it meets the requirements set forth in the Special Provisions, the LAGUNA HILLS SWPPP and WPCP Preparation Manual, and the Standard Specifications Section 7-1.01G - Water Pollution.
Resident Engineer’s Signature Date of WPCP Approval
Resident Engineer's Name (printed) Resident Engineer’s Phone Number For Use by LAGUNA HILLS Only
LAGUNA HILLS OVERSIGHT ENGINEER’S CONCURENCE OF WPCP
I, and/or personnel acting under my direction and supervision, have reviewed this WPCP and concur with the Resident Engineer’s findings that it meets the requirements set forth in the Special Provisions, the LAGUNA HILLS SWPPP and WPCP Preparation Manual, and the Standard Specifications Section 7-1.01G - Water Pollution.
LAGUNA HILLS Oversight Engineer’s
Signature
Date of WPCP Concurrence
Water Pollution Control Program (WPCP)
START HERE…CLICK HERE TO INSERT PROJECT NAME-THEN TAB TO NEXT FIELD Contract No. INSERT LAGUNA HILLS CONTRACT NUMBER-THEN TAB TO NEXT FIELD.
J:\CIP PROJECTS\CIP 104 Paseo de Valencia Pavement Rehabilitation Project\Laguna Hills WPCP_Template Updated 02Mac10.doc - Unlocked.doc WPCP Template 07-17-07 Page 10-3
LAGUNA HILLS Oversight Engineer's Name LAGUNA HILLS Oversight Engineer’s Phone Number
Water Pollution Control Program (WPCP)
START HERE…CLICK HERE TO INSERT PROJECT NAME-THEN TAB TO NEXT FIELD Contract No. INSERT LAGUNA HILLS CONTRACT NUMBER-THEN TAB TO NEXT FIELD.
J:\CIP PROJECTS\CIP 104 Paseo de Valencia Pavement Rehabilitation Project\Laguna Hills WPCP_Template Updated 02Mac10.doc - Unlocked.doc WPCP Template 07-17-07 Page 20-1
Section 20
Project Information
INSTRUCTIONS
Provide narrative text addressing the following topics in a format that can be easily understood by a person who is not familiar with the project.
Introduction and Project Description:
Provide a brief description of the project.
Describe the type(s) of work that will be performed.
Provide a brief description of the project location, including descriptive items such as county, route, post mile, city, and street names.
Describe proximity to receiving waters to which the project will discharge, including surface waters, drainage channels, and drainage systems.
Identify drainage system owners (municipality or agency). Unique Site Features:
Provide a brief description of any unique site features (water bodies, wetlands, environmentally sensitive area, endangered or protected species, etc.) Describe significant or high-risk activities that may impact stormwater quality. Include any unique features or activities within or adjacent to water bodies (such as dredging, re-use of aerially deposited lead material, large excavations, or work within a water body). Project Schedule: Provide a written or graphical project schedule. A graphical schedule in the form of an image file can be copied into the form field for the graphical schedule. Alternatively the graphical schedule can be manually included in the document. The schedule shall clearly show how the rainy season relates to soil-disturbing and re-stabilization activities. The schedule only needs to be detailed enough to show major activities sequenced with the implementation of construction site BMPs, including:
Project start and finish dates
Rainy season dates
Mobilization dates
Mass clearing and grubbing, roadside clearing dates
Major grading and excavation dates
Dates for special activities named in other permits, such as Fish and Game Rainy season implementation schedule
Water Pollution Control Program (WPCP)
START HERE…CLICK HERE TO INSERT PROJECT NAME-THEN TAB TO NEXT FIELD Contract No. INSERT LAGUNA HILLS CONTRACT NUMBER-THEN TAB TO NEXT FIELD.
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Deployment of temporary soil stabilization BMPs
Deployment of temporary sediment control BMPs
Deployment of non-stormwater BMPs
Deployment of waste management and materials pollution control BMPs Paving, sawcutting, and any other pavement related operations Planned stockpiling operations
Dates for other significant long-term operations or activities that may plan non-stormwater discharges such as dewatering, grinding, etc.
Note: Projects located in the Lake Tahoe, Truckee River, East Fork Carson River, or West Fork Carson River Hydrologic Units, and projects above 5,000 ft in elevation in the portions of Mono County or Inyo County within the Lahontan RWQCB are not allowed to perform removal of vegetation nor disturbance of existing ground surface conditions between October 15 of each year and May 1 of the following year; except when there is an emergency situation that threatens the public health and safety, or when the project is granted a variance by the RWQCB Executive Officer. Pollutant Source Identification:
Review the contract documents and associated environmental documents to determine the known site contaminants and list them in this section.
EXAMPLE
1. Introduction and Project Description
The project consists of sound wall construction, shoulder work, and PCC pavement removal and replacement along approximately 1300 feet of highway. The project is located on northbound I-5 in Stockton (San Joaquin County), north from W. March Lane. Project runoff is conveyed approximately 2600 feet south to the Calaveras River via a combination of LAGUNA HILLS-owned roadside ditches and underground drainage facilities. The Calaveras River discharges to the San Joaquin River approximately 1.9 miles downstream from I-5. The total disturbed area is about 0.8 acres.
2. Unique Site Features:
Relative proximity to Calaveras and San Joaquin Rivers.
3. Project Schedule (graphical):
The attached project schedule shows the projected progress of the project and includes implementation of water pollution control items.
4. Potential Pollutant Sources:
The primary construction activities, related materials, and wastes that have the potential to pollute stormwater include:
a) Soil disturbing activities and resulting exposed soil areas, including minor grading along the shoulder and trenching for conduits and sound wall footings.
b) Slurries from mortar mixing and PCC saw-cutting and placement.
Water Pollution Control Program (WPCP)
START HERE…CLICK HERE TO INSERT PROJECT NAME-THEN TAB TO NEXT FIELD Contract No. INSERT LAGUNA HILLS CONTRACT NUMBER-THEN TAB TO NEXT FIELD.
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c) Solid wastes from PCC demolition and removal, sound-wall construction, and form work d) Temporary on-site storage of construction materials, including mortar mix, raw landscaping, soil stabilization materials, and treated lumber.
e) General site litter.
f) Equipment operation and maintenance.
REQUIRED TEXT
1. Introduction and Project Description:
2. Unique Site Features:
3. Project Schedule (graphical):
4. Potential Pollutant Sources:
EXAMPLE: GRAPHICAL SCHEDULE
The graphical Water Pollution Control Schedule is provided on the following page.
Water Pollution Control Program (WPCP)
START HERE…CLICK HERE TO INSERT PROJECT NAME-THEN TAB TO NEXT FIELD Contract No. INSERT LAGUNA HILLS CONTRACT NUMBER-THEN TAB TO NEXT FIELD.
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INSERT GRAPHICAL WATER POLLUTION CONTROL SCHEDULE
Water Pollution Control Program (WPCP)
START HERE…CLICK HERE TO INSERT PROJECT NAME-THEN TAB TO NEXT FIELD Contract No. INSERT LAGUNA HILLS CONTRACT NUMBER-THEN TAB TO NEXT FIELD.
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Section 30
Pollution Sources and Control Measures
INSTRUCTIONS
BMP SELECTION PROCESS
BMPs are selected to reduce or eliminate pollutants in stormwater and non-stormwater discharges associated with construction activities. Described below is the sequence of steps that shall be used to identify BMPs to be included in WPCPs.
Step 1: Incorporate the temporary water pollution control BMPs that are described in:
• Contract Special Provisions;
• Contract Plans;
• Standard Plans; and
• Standard Specifications.
If the BMPs required in Step 1 are inadequate to address potential pollutants in stormwater discharges and non-stormwater discharges, then:
Step 2: Incorporate the temporary water pollution control BMPs using one or more of the LAGUNA HILLS minimum requirements listed in Table 1-1 of the SWPPP/WPCP Preparation Manual.
Step 3: If the BMPs selected from Steps 1 and 2 are inadequate to address potential pollutants in stormwater discharges and non-stormwater discharges, then incorporate the temporary water pollution control BMPs that are described in Section 4.5 of the SWMP. For reference on these BMPs see the Construction Site Best Management Practices (BMPs) Reference Manual. Show the selected BMPs on the WPCDs.
Complete the BMP implementation tables and descriptions in each of the following sections:
30.1 Soil Stabilization (Erosion Control) and Sediment Control
30.2 Construction Site Management
30.1 Soil Stabilization (Erosion Control) and Sediment Control
INSTRUCTIONS
Use each of the following sections to identify erosion and sediment controls that will be implemented during the project.
30.1.1 Soil Stabilization Practices
Water Pollution Control Program (WPCP)
START HERE…CLICK HERE TO INSERT PROJECT NAME-THEN TAB TO NEXT FIELD Contract No. INSERT LAGUNA HILLS CONTRACT NUMBER-THEN TAB TO NEXT FIELD.
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30.1.2 Sediment Control Practices
30.1.3 Sediment Tracking Controls
30.1.4 Wind Erosion Controls
30.1.1 Soil Stabilization BMPs
INSTRUCTIONS
Soil stabilization consists of source control measures that are designed to prevent soil particles from detaching and becoming suspended in stormwater runoff. Soil stabilization BMPs protect the soil surface by covering and/or binding the soil particles.
Provide a brief description of soil-disturbing activities, such as clearing and grubbing, grading, excavation, trenching, etc. Show the limits of the soil-disturbed areas on the WPCDs. Complete the following BMP implementation table for temporary soil stabilization BMPs. Describe the locations and scheduled installations for each selected soil stabilization BMP. If the project will not create disturbed soil areas, state as such and check "No" for all BMPs in the soil stabilization selection BMP implementation table and enter "N/A" as the reason not used.
EXAMPLE
The following soil stabilization BMP implementation table indicates the BMPs that shall be implemented to control erosion on the construction site. Implementation and locations of temporary soil stabilization BMPs are shown on the WPCDs in Attachment A and described in this section. The BMP working details can also be found in Attachment A of this WPCP. The following list of BMPs and narrative explain how the selected BMPs will be incorporated into the project.
Soil disturbing activities consist of minor grading along the shoulder and trenching for utilities and sound wall footings as shown on WPCD-2. Existing vegetation will be preserved outside the immediate construction zone as shown.
SS-1 Scheduling
SS-2 Preservation of Existing Vegetation
Clearing and grubbing will be limited to the boundaries of active construction as shown on WPCD-2.
Surrounding areas of existing vegetation will be protected by installing ESA fencing around the drip lines of the trees.
SS-5 Soil Binders (Copolymer)
BMP SS-5 was selected to minimize interference with the final (permanent) erosion control measures (decorative landscaping). Soil binders will be applied to all non-active soil disturbed areas during the rainy season in conformance with the DSA protection requirements in the Stormwater Pollution Prevention Plan/Water Pollution Control Program Preparation Manual.
Water Pollution Control Program (WPCP)
START HERE…CLICK HERE TO INSERT PROJECT NAME-THEN TAB TO NEXT FIELD Contract No. INSERT LAGUNA HILLS CONTRACT NUMBER-THEN TAB TO NEXT FIELD.
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REQUIRED TEXT
The following soil stabilization BMP implementation table indicates the BMPs that shall be implemented to control erosion on the construction site. Implementation and locations of temporary soil stabilization BMPs are shown on the WPCDs in Attachment A and described in this section. The BMP working details can also be found in Attachment A of this WPCP. The following list of BMPs and narrative explain how the selected BMPs will be incorporated into the project.
Water Pollution Control Program (WPCP)
START HERE…CLICK HERE TO INSERT PROJECT NAME-THEN TAB TO NEXT FIELD Contract No. INSERT LAGUNA HILLS CONTRACT NUMBER-THEN TAB TO NEXT FIELD.
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TEMPORARY SOIL STABILIZATION BMPs
CONSTRUCTION
BMP ID NO (1) BMP NAME
MINIMUM
REQUIREMENT (3)
CONTRACT
BID ITEM
BMP USED
IF NOT USED, STATE REASON YES NO
SS-1 Scheduling
SS-2
Preservation of
Property/
Preservation of
Existing Vegetation
SS-3
Temporary
Hydraulic Mulch
(Bonded Fiber
Matrix)
(2)
Temporary
Hydraulic Mulch
(Polymer Stabilized
Fiber Matrix)
(2)
SS-4
Temporary Erosion
Control (With
Temporary Seeding)
(2)
SS-5 Temporary Soil
Stabilizer (2)
SS-6
Temporary Erosion
Control (Straw
Mulch with
Stabilizing
Emulsion)
(2)
SS-7
Temporary Erosion
Control Blanket (On
Slope)
(2)
Temporary Erosion
Control Blanket (In
swale or ditch)
SS-7 Temporary Cover
(Plastic Covers) (2)
SS-8 Temporary Mulch
(Wood)
SS-9
Earth Dikes /
Drainage Swales &
Lined Swales
SS-10
Outlet Protection /
Velocity Dissipation
Devices
SS-11 Slope Drains
Water Pollution Control Program (WPCP)
START HERE…CLICK HERE TO INSERT PROJECT NAME-THEN TAB TO NEXT FIELD Contract No. INSERT LAGUNA HILLS CONTRACT NUMBER-THEN TAB TO NEXT FIELD.
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CONSTRUCTION
BMP ID NO (1) BMP NAME
MINIMUM
REQUIREMENT (3)
CONTRACT
BID ITEM
BMP USED
IF NOT USED, STATE REASON YES NO
SS-12 Streambank
Stabilization
ALTERNATIVE SOIL STABILIZATION BMPs USED(4)
IF USED, STATE REASON
Notes: (1) The BMP designations (SS-1, SC-3, etc.) are solely for maintaining continuity with existing LAGUNA HILLS documents and are not provided to imply that the Construction Site BMP Reference Manual is a required contract document. (2) The Contractor shall ensure implementation of one of the two measures listed or a combination thereof to achieve and maintain the contract's rainy and non-rainy season requirements.
(3) Not all minimum requirements may be applicable to every project. Applicability to a specific project shall be determined by the Contractor and approved by the Resident Engineer.
(4) Use of alternative BMPs will require written approval by the Resident Engineer.
INSERT NARRATIVE DESCRIBING SELECTED SOIL STABILIZATION BMPs
Water Pollution Control Program (WPCP)
START HERE…CLICK HERE TO INSERT PROJECT NAME-THEN TAB TO NEXT FIELD Contract No. INSERT LAGUNA HILLS CONTRACT NUMBER-THEN TAB TO NEXT FIELD.
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30.1.2 Sediment Control BMPs
INSTRUCTIONS
Sediment controls are used to complement and enhance the selected soil stabilization measures.
Sediment controls are designed to intercept runoff and capture suspended soil particles through a settlement or filtration process.
Provide a brief description of soil-disturbed areas that will necessitate sediment control BMPs.
References to the WPCDs and/or Section 30.1.1 are often sufficient. Complete the following BMP implementation table for temporary sediment control BMPs. All listed BMPs shall be considered for the project.
Describe the locations and scheduled installations for each selected sediment control BMP. Show selected BMPs on the WPCDs.
EXAMPLE
The following sediment control BMP implementation table indicates the BMPs that shall be implemented to control sediment on the construction site. Implementation and locations of temporary sediment control BMPs are shown on the WPCDs in Attachment A and described in this section. The BMP working details can also be found in Attachment A of this WPCP. The following list of BMPs and narrative explain how the selected BMPs will be incorporated into the project.
Temporary fiber rolls will be used at the toe of slopes and as perimeter sediment controls. According to the contract special provisions, sediment controls for this project are required during the rainy season - continuously on non-active DSAs and before rain on active DSAs. Deployment locations will be as follows:
SC-5 Temporary Fiber Rolls
Fiber rolls will be deployed along the downstream (southern) construction site perimeter as shown on WPCD-2. Once the drainage channel is constructed and lined, fiber rolls will be extended north, along each side of the channel. See SC-4, Temporary Check Dam, below.
SC-4 Temporary Check Dam
Concentrated flows will be conveyed by the drainage channel that runs north-south, adjacent to the shoulder. During channel construction, sediment control will be provided by gravel bag check dams, spaced at 30 feet. Once the channel is lined, temporary fiber rolls will be installed along the channel banks to prevent sediment from entering the channel.
REQUIRED TEXT
The following sediment control BMP implementation table indicates the BMPs that shall be implemented to control sediment on the construction site. Implementation and locations of temporary sediment control BMPs are shown on the WPCDs in Attachment A and described in this section. The BMP working details can also be found in Attachment A of this WPCP. The following list of BMPs and narrative explain how the selected BMPs will be incorporated into the project.
Water Pollution Control Program (WPCP)
START HERE…CLICK HERE TO INSERT PROJECT NAME-THEN TAB TO NEXT FIELD Contract No. INSERT LAGUNA HILLS CONTRACT NUMBER-THEN TAB TO NEXT FIELD.
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Temporary sediment control
CONSTRUCTION
BMP ID NO(1) BMP NAME
MINIMUM
REQUIREMENT (3)
CONTRACT
BID ITEM
BMP USED
IF NOT USED, STATE REASON YES NO
SC-1 Temporary Silt
Fence (2)
SC-2 Temporary
Sediment Basin
SC-4 Temporary Check
Dam
SC-5 Temporary Fiber
Rolls (2)
SC-6 Temporary Gravel
Bag Berm
SC-7 Street Sweeping
SC-8 Temporary
Sandbags
SC-9 Temporary Straw
Bale Barrier
SC-10 Temporary Drain
Inlet Protection
ALTERNATIVE SEDIMENT CONTROL BMPs USED(4)
IF USED, STATE REASON
Notes: (1) The BMP designations (SS-1, SC-3, etc.) are solely for maintaining continuity with existing LAGUNA HILLS documents and are not provided to imply that the Construction Site BMP Reference Manual is a required contract document. (2) The Contractor shall ensure implementation of one of the two measures listed or a combination thereof to achieve and maintain the contract's rainy and non-rainy season requirements.
(3) Not all minimum requirements may be applicable to every project. Applicability to a specific project shall be determined by the Contractor and approved by the Resident Engineer.
(4) Use of alternative BMPs will require written approval by the Resident Engineer.
INSERT NARRATIVE DESCRIBING TEMPORARY SEDIMENT CONTROL BMPs
Water Pollution Control Program (WPCP)
START HERE…CLICK HERE TO INSERT PROJECT NAME-THEN TAB TO NEXT FIELD Contract No. INSERT LAGUNA HILLS CONTRACT NUMBER-THEN TAB TO NEXT FIELD.
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30.1.3 Tracking Control BMPs
INSTRUCTIONS
Refer to the following BMP implementation table for sediment tracking control BMPs. If a particular BMP will not be used or is not applicable enter a brief reason. Tracking controls shall be considered and implemented year round and throughout the duration of the project. Show selected sediment tracking control BMPs on the WPCDs in Attachment A.
REQUIRED TEXT
The following tracking control BMP implementation table indicates the BMPs that shall be implemented to reduce sediment tracking from the construction site onto private or public roads.
Implementation and locations of tracking control BMPs are shown on the WPCDs in Attachment A and described in this section. The BMP working details can also be found in Attachment A of this WPCP. The following list of BMPs and narrative explain how the selected BMPs will be incorporated into the project.
Water Pollution Control Program (WPCP)
START HERE…CLICK HERE TO INSERT PROJECT NAME-THEN TAB TO NEXT FIELD Contract No. INSERT LAGUNA HILLS CONTRACT NUMBER-THEN TAB TO NEXT FIELD.
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TEMPORARY TRACKING CONTROL BMPs
CONSTRUCTION
BMP ID NO(1) BMP NAME
MINIMUM
REQUIREMENT
CONTRACT
BID ITEM
BMP USED
IF NOT USED, STATE REASON YES NO
SC-7 Street Sweeping
TC-1
Temporary
Construction
Entrance
TC-2
Stabilized
Construction
Roadway
TC-3
Temporary
Entrance / Outlet
Tire Wash
ALTERNATIVE TRACKING CONTROL BMPs USED(2)
IF USED, STATE REASON
Notes: (1) The BMP designations (SS-1, SC-3, etc.) are solely for maintaining continuity with existing LAGUNA HILLS documents and are not provided to imply that the Construction Site BMP Reference Manual is a required contract document. (2) Use of alternative BMPs will require written approval by the Resident Engineer.
INSERT NARRATIVE DESCRIBING TRACKING CONTROL BMPs
Water Pollution Control Program (WPCP)
START HERE…CLICK HERE TO INSERT PROJECT NAME-THEN TAB TO NEXT FIELD Contract No. INSERT LAGUNA HILLS CONTRACT NUMBER-THEN TAB TO NEXT FIELD.
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30.1.4 Wind Erosion Control BMPs
INSTRUCTIONS
Refer to the following BMP implementation table for wind erosion control BMPs. If a particular BMP will not be used or is not applicable enter a brief reason.
Provide a narrative description of wind erosion control BMPs Give a general approach on how wind erosion control BMPs will be implemented on the project to control dust during construction operations, including stockpile operations at all times.
If the project will not create disturbed soil areas, indicate this in the narrative description.
REQUIRED TEXT
The following wind erosion control BMP implementation table indicates the BMPs that shall be implemented to control wind erosion on the construction site. Implementation and locations of wind erosion control BMPs are shown on the WPCDs in Attachment A and/or described in this section.
The BMP working details can be found in Attachment A. The following list of BMPs and narrative explain how the selected BMPs shall be incorporated into the project.
Water Pollution Control Program (WPCP)
START HERE…CLICK HERE TO INSERT PROJECT NAME-THEN TAB TO NEXT FIELD Contract No. INSERT LAGUNA HILLS CONTRACT NUMBER-THEN TAB TO NEXT FIELD.
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TEMPORARY WIND EROSION CONTROL
CONSTRUCTION
BMP ID NO(1) BMP NAME
MINIMUM
REQUIREMENT(2)
CONTRACT
BID ITEM
BMP USED
IF NOT USED, STATE REASON YES NO
WE-1 Wind Erosion
Control
TC-1
Temporary
Construction
Entrance
TC-2
Stabilized
Construction
Roadway
-----
All Soil
Stabilization
Measures
included in
Section 500.3.4
ALTERNATIVE WIND EROSION CONTROL BMPs USED(3
IF USED, STATE REASON
Notes: (1) The BMP designations (SS-1, SC-3, etc.) are solely for maintaining continuity with existing LAGUNA HILLS documents and are not provided to imply that the Construction Site BMP Reference Manual is a required contract document. (2) Not all minimum requirements may be applicable to every project. Applicability to a specific project shall be determined by the Contractor and approved by the Resident Engineer.
(3) Use of alternative BMPs will require written approval by the Resident Engineer.
INSERT NARRATIVE DESCRIBING WIND EROSION CONTROL BMPs
Water Pollution Control Program (WPCP)
START HERE…CLICK HERE TO INSERT PROJECT NAME-THEN TAB TO NEXT FIELD Contract No. INSERT LAGUNA HILLS CONTRACT NUMBER-THEN TAB TO NEXT FIELD.
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30.2 Construction Site Management
30.2.1 Non-Stormwater Management BMPs
INSTRUCTIONS
Non-stormwater discharges which are not authorized under the LAGUNA HILLS Permit or authorized under a separate NPDES permit are prohibited. Examples of prohibited discharges common to construction activities include:
Vehicle and equipment wash water, including concrete washout water. Slurries from concrete cutting and coring operations or AC grinding operations. Slurries from concrete or mortar mixing operations.
Blast residue from high-pressure washing of structures or surfaces. Wash water from cleaning painting equipment.
Runoff from dust control applications of water or dust palliatives. Sanitary and septic wastes.
List all activities that have the potential to produce non-stormwater discharges. (Consider dewatering operations and any construction activity that requires water use.) Discuss planned dewatering operations with the Resident Engineer to determine possible requirement for permits and/or treatment.
Discuss how mobile operations, such as maintenance and fueling for large or stationary equipment, will be addressed.
Use the following BMP implementation table to select BMPs as necessary to contain, remove, and dispose potential non-stormwater discharges.
Describe the locations and scheduled installations for each selected Non-Stormwater Management BMPs.
REQUIRED TEXT
The following BMP implementation table indicates the BMPs that have been selected to control nonstormwater pollution on the construction site. Implementation and locations of non-stormwater control BMPs are shown on the WPCDs in Attachment A and described in this section. The BMP working details that will be adhered to are found in Attachment A of this WPCP.
Water Pollution Control Program (WPCP)
START HERE…CLICK HERE TO INSERT PROJECT NAME-THEN TAB TO NEXT FIELD Contract No. INSERT LAGUNA HILLS CONTRACT NUMBER-THEN TAB TO NEXT FIELD.
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CONSTRUCTION SITE MANAGEMENT
NON-STORM WATER MANAGEMENT BMPS
BMP
No. BMP MINIMUM REQUIREMENT
CHECK IF
CONTRACT
REQUIREMENT
CHECK
IF
USED
CHECK
IF NOT
USED
IF NOT USED,
STATE REASON
NS-1
Water
Conservation
Practices
NS-2 Dewatering
Operations
NS-3
Paving and
Grinding
Operations
NS-4
Temporary
Stream
Crossing
NS-5 Clear Water
Diversion
NS-6
Illicit
Discharge /
Illegal
Dumping
Reporting
NS-7 Potable Water
/ Irrigation
Vehicle and Equipment
Operations
NS-8
Vehicle and
Equipment
Cleaning
NS-9
Vehicle and
Equipment
Fueling
NS-10
Vehicle and
Equipment
Maintenance
Water Pollution Control Program (WPCP)
START HERE…CLICK HERE TO INSERT PROJECT NAME-THEN TAB TO NEXT FIELD Contract No. INSERT LAGUNA HILLS CONTRACT NUMBER-THEN TAB TO NEXT FIELD.
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INSERT NARRATIVE DESCRIBING NON-STORM WATER MANAGEMENT POLLUTION CONTROL BMPs
Water Pollution Control Program (WPCP)
START HERE…CLICK HERE TO INSERT PROJECT NAME-THEN TAB TO NEXT FIELD Contract No. INSERT LAGUNA HILLS CONTRACT NUMBER-THEN TAB TO NEXT FIELD.
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30.2.2 Waste Management and Materials Pollution Control BMPs
INSTRUCTIONS
Waste management consists of implementing procedural and structural BMPs for collecting, handling, storing and disposing of wastes generated by a construction project to prevent the release of waste materials into stormwater discharges. Wastes are going to be generated during construction; however, the methods in which the wastes are collected, stored, and removed will determine the success of the waste management activities. Construction site wastes can range from residues collected from nonstormwater discharges (i.e. paint removal) to general site litter and debris (i.e. empty marker paint cans).
Material pollution control (materials handling) consist of implementing procedural and structural BMPs for handling, storing and using construction materials to prevent the release of those materials into stormwater discharges. The amount and type of construction materials to be utilized at the site will be dependent upon the type of construction and the length of the construction period. The materials may be used continuously, such as fuel for vehicles and equipment, or the materials may be used for a discrete period, such as fertilizer for landscaping.
Waste management and materials pollution control BMPs must be implemented to minimize stormwater contact with construction materials, wastes and service areas, and to prevent materials and wastes from being discharged off-site.
Review project activities to identify likely construction materials and wastes. Identify materials and wastes with special handling or disposal requirements, such as lead contaminated soils. List anticipated materials and wastes below.
Based on the listed materials and wastes, use the following materials handling and waste management BMP consideration checklist to select appropriate BMPs. Describe the locations and scheduled installations for each selected waste management and materials pollution control BMPs. For Solid Waste Management WM-5, a list of waste disposal facilities and the type of waste to be disposed at each facility is provided.
REQUIRED TEXT
The following BMP implementation table indicates the BMPs that have been selected to control construction site wastes and materials. Implementation and locations of materials handling and waste management BMPs are shown on the WPCDs in Attachment A. The BMP working details that will be adhered to are found in Attachment A of this WPCP. The following list of BMPs and narrative explain how the selected BMPs will be incorporated into the project.
Water Pollution Control Program (WPCP)
START HERE…CLICK HERE TO INSERT PROJECT NAME-THEN TAB TO NEXT FIELD Contract No. INSERT LAGUNA HILLS CONTRACT NUMBER-THEN TAB TO NEXT FIELD.
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Waste Management and Materials Pollution Control BMPs
BMP
No. BMP MINIMUM REQUIREMENT
CHECK IF
CONTRACT
REQUIREMENT
CHECK
IF
USED
CHECK
IF NOT
USED
IF NOT USED,
STATE
REASON
WM-1 Material Delivery
and Storage
WM-2 Material Use
WM-3 Asphalt Concrete
Stockpiles
WM-4 Spill Prevention
and Control
WM-5 Solid Waste
Management
WM-6 Hazardous Waste
Management
WM-7 Contaminated Soil
Management
WM-8 Concrete Waste
Management
WM-9
Sanitary/Septic
Waste
Management
WM-10 Liquid Waste
Management
INSERT NARRATIVE DESCRIBING WASTE MANAGEMENT AND MATERIALS POLLUTION CONTROL BMPs
Water Pollution Control Program (WPCP)
START HERE…CLICK HERE TO INSERT PROJECT NAME-THEN TAB TO NEXT FIELD Contract No. INSERT LAGUNA HILLS CONTRACT NUMBER-THEN TAB TO NEXT FIELD.
J:\CIP PROJECTS\CIP 104 Paseo de Valencia Pavement Rehabilitation Project\Laguna Hills WPCP_Template Updated 02Mac10.doc - Unlocked.doc WPCP Template 07-17-07 Page 30-17
30.3 Water Pollution Control Drawings (WPCDs)
INSTRUCTIONS
The contractor shall include WPCDs in the WPCP to show the locations, applications, and deployment of the BMPs checked in the preceding sections.
The WPCDs shall include one or more drawings at a scale sufficient to clearly show on-site drainage patterns and the location of erosion and sediment control BMPs. The WPCDs shall be no smaller than the "reduced plans" (approximately 11" x 17") issued by LAGUNA HILLS. A sample WPCD can be referenced in Attachment A of Appendix B of the “SWPPP and WPCP Preparation Manual.” The WPCDs shall include:
Detail sheets showing construction details for the BMPs that shall be used. Location sheets, usually modified layout, grading, stage construction, and/or drainage sheets, showing the locations of BMPs that will be used. Delineation of BMPs to be implemented during project construction will be in the form of construction notes and/or symbols.
REQUIRED TEXT
The WPCDs are included as Attachment A to this Water Pollution Control Program.
30.4 Construction BMP Maintenance, Inspection, and Repair
INSTRUCTIONS
A program for the regular inspection, maintenance, and repair of BMPs shall be included in the WPCP in Attachment B. The contractor's attention is directed to the Contract Specifications and Special Provisions for requirements for maintenance and inspection of BMPs. Appendix B, Attachment B of the “SWPPP and WPCP Preparation Manual”, shows a sample Maintenance, Inspection and Repair of Construction Site BMPs form. At a minimum, the contractor shall inspect the site before and after storm events, and at 24-hour intervals during extended storms. The Contract Special Provisions may require additional inspections. The results of the inspection and assessment shall be recorded on the Construction Site Inspection Checklist included in Appendix B, Attachment C to the “SWPPP and WPCP Preparation Manual,” and included as Attachment C of this WPCP.
A copy of each completed Construction Site Inspection Checklist shall be provided to the Resident Engineer within 24-hours of an inspection, and a copy included in the on-site WPCP. A tracking or follow-up procedure must follow any inspection that identifies deficiencies in BMPs.