12100-0001\2654178v1.doc
City of MB Form
12100-0001\2654178v1.doc
City of MB Form
CITY OF MANHATTAN BEACH
BID DOCUMENTS
BID NO. E1273-23C
CITYWIDE CONCRETE REPAIRS PROJECT CYCLE 2
Concrete Repairs / Citywide
FEBRUARY 2023
CITY OF MANHATTAN BEACH
PUBLIC WORKS DEPARTMENT
BIANCA CARDENAS
1400 HIGHLAND AVENUE
MANHATTAN BEACH, CA 90266
Katherine Doherty, City Engineer C76589
SPECIFICATIONS PREPARED BY
BIANCA CARDENAS UNDER THE
SUPERVISION OF KATHERINE
DOHERTY.
REGISTERED PROFESSIONAL ENGINEER
KATHERINE DOHERTYNo. C76589CIVILSTATE OF CALIFORNIA Exp. 12/31/24
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City of MB Form
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City of MB Form
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NOTICE INVITING BIDS ................................ ................................ ................................ ........ NIB-1 INSTRUCTIONS TO BIDDERS ................................ ................................ ................................ ... I-1 CHECKLIST FOR BIDDERS ................................ ................................ ................................ ....... I-7 BID ................................ ................................ ................................ ................................ ............. B-1 CONTRACT ................................ ................................ ................................ ................................ C-1 PAYMENT BOND (LABOR AND MATERIALS) ................................ ................................ ........... C-5 PERFORMANCE BOND ................................ ................................ ................................ ............ C-7 WARRANTY BOND ................................ ................................ ................................ .................... C-9 PART 1 – GENERAL PROVISIONS ................................ ................................ .......................... 1-1 SECTION 0. GENERAL PROVISIONS DEFINED ................................ ................................ ...... 1-1 SECTION 1. GENERAL, TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE, AND SYMBOLS ................................ ................................ ........................... 1-1 SECTION 2. SCOPE OF THE WORK ................................ ................................ ........... 1-4 SECTION 3. CONTROL OF THE WORK ................................ ................................ ..... 1-22 SECTION 4. CONTROL OF MATERIALS ................................ ................................ .... 1-32 SECTION 5. LEGAL RELATIONS AND RESPONSIBILITIES ................................ ....... 1-33 SECTION 6. PROSECUTION AND PROGRESS OF THE WORK ............................... 1-41 SECTION 7. MEASUREMENT AND PAYMENT ................................ ........................... 1-45 SECTION 8. FACILITIES FOR AGENCY PERSONNEL ................................ .............. 1-55 SECTION 9. CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT PLAN .... 1-55 SECTION 10. ADDITIONAL TERMS ................................ ................................ ............ 1-61 PART 2 - CONSTRUCTION MATERIALS ................................ ................................ .................. 2-1 PART 3 - CONSTRUCTION METHODS ................................ ................................ .................... 3-1 PART 4 - EXISTING IMPROVEMENT ................................ ................................ ......................... 4-1 PART 5 - PIPELINE SYSTEM REHABILITATION ................................ .......................... NOT USED PART 6 - TEMPORARY TRAFFIC CONTROL ................................ ................................ ............ 6-1 PART 7 - STREET LIGHTING AND TRAFFIC SIGNAL SYSTEM ................................ ............... 7-1 12100-0001\2654178v1.doc
City of MB Form
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PART 8 - LANDSCAPE AND IRRIGATION ................................ ................................ ... NOT USED PART 9 - SPECIAL INSTRUCTIONS ................................ ................................ ......................... 9-1 PART 10 – STANDARD AND SPECIAL TECHNICAL PROVISIONS ............................ NOT USED
APPENDIX I PROGRESS PAYMENT REQUEST FORM ................................ ........ APPENDIX I-1 APPENDIX II DAILY REPORT ................................ ................................ ................ APPENDIX II-1 APPENDIX III APPLICABLE STANDARD PLANS AND DETAILS .......................... APPENDIX III-1 APPENDIX IV ADA RAMP AND DRIVEWAY COMPLIANCE MEMORANDUM ..... APPENDIX IV-1 APPENDIX V MONUMENT INVENTORY LIST ................................ ....................... APPENDIX V-1 APPENDIX VI NOTICE TO RESIDENTS ................................ ................................ APPENDIX VI-1 APPENDIX VII VICINITY MAP – CITY LIMITS ................................ ...................... APPENDIX VII-1
NIB-1 12100-0001\2654178v1.doc
City of MB Form
NOTICE INVITING BIDS
FOR
CITYWIDE CONCRETE REPAIRS PROJECT CYCLE 2
Bid Number: E1273-23C
NOTICE IS HEREBY GIVEN that the City of Manhattan Beach, California (“City”) invites sealed Bids for the Project. The City will receive ELECTRONIC BIDS ONLY up to 11:00 a.m. on M o nd a y, M a r c h 06 , 2 0 2 3 at which time the ELECTRONIC bids will be opened and posted on PlanetBids. The deadline to submit questions related to the bid documents is Wednesday, February 22, 2023 at 11:00 a.m.
Bids shall be received electronically only on the PlanetBids Portal accessible through the City of Manhattan Beach Public Works Department Bid Opportunities webpage at https://www.manhattanbeach.gov/departments/public-works/bid-opportunities. To submit your bid electronically and to review Bid tabulation results (“Bid Opening ”), please visit the following link: https://pbsystem.planetbids.com/portal/48136/bo/bo-detail/101821.
Contract Documents in PDF format (including City Special Provisions but not including Standard Specifications and Reference Specifications) shall be obtained from the link/website above.
Total Cost per set: $81.00
All fees listed above are non-refundable. The Contract Documents must be purchased online and cannot be purchased at, or mailed from , City Hall. Bidders are solely responsible for on-time submission of their electronic bid. The City will only consider bids that have been transmitted successfully and have been issued an ebid confirmation number with a time stamp from the bid management system indicating that the bid was submitted successfully. Transmission of bids by any other means will not be accepted. Bidders shall be solely responsible for informing themselves with respect to the proper utilization of the bid management system, for ensuring the capability of their computer system to upload the required documents, and for the stability of their internet service. Failure of the bidders to successfully submit electronic bids shall be at the bidders’ sole risk and no relief will be given for late and/or improperly submitted bids. Bidders experiencing any technical difficulties with the bid submission process may contact PlanetBids at (818) 992-1771. Neither the City, nor PlanetBids, makes any guarantee as to the timely availability of assistance, or assurance that any given problem will be resolved by the bid submission deadline.
Bids must remain valid and shall not be subject to withdrawal for 90 calendar days after the bid opening date.
SCOPE OF WORK. The Project includes, without limitation, furnishing all necessary labor, materials, equipment and other incidental and appurtenant Work necessary to satisfactorily complete the Project, as more specifically described in the Contract Documents. This Work will be performed in strict conformance with the Contract Documents, permits from regu latory agencies with jurisdiction, and applicable regulations. The quantity of Work to be performed and materials to be furnished are approximations only, being given as a basis for the comparison of bids. Actual quantities of Work to be performed may vary at the discretion of the City Engineer.
Time for completion of the Work for the Base Bid Schedule is 250 total Working Days from the date specified in the Notice to Proceed to Fulfill Preconstruction Requirements and Order Materials.
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City of MB Form
REGISTRATION WITH THE DEPARTMENT OF INDUSTRIAL RELATIONS. In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or subcontractor shall 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, unless currently registered and qualified to perform public work pursuant to Section 1725.5 [with limited exceptions for bid purposes only under Labor Code Section 1771.1(a)].
PREVAILING WAGES. In accordance with Labor Code Section 1770 et seq., the Project is a “public work.” The selected Bidder (Contractor) and any Subcontractors shall pay wages in accordance with the determination of the Director of the Department of Industrial Relations (“DIR”) regarding the prevailing rate of per diem wages. Copies of those rates are on file with the Director of Public Works and are available to any interested party upon request. The Contractor shall post a copy of the DIR’s determination of the prevailing rate of per diem wages at each job site. This Project is subject to compliance monitoring and enforcement by the DIR.
BONDS. Each Bid must be accompanied by a cash deposit, cashier’s check, certified check or Bidder’s Bond issued by a Surety insurer, made payable to the City and in an amount not less than ten percent of the total Bid submitted. Personal or company checks are not acceptable.
Upon Contract award, the Contractor shall provide faithful performance and payment Bonds, each in a sum equal to the Contract Price, as well as a warranty or maintenance Bond that is valid for one year from Project acceptance in the amount of ten percent of the Contract Price. All Bonds must be issued by a California admitted Surety insurer using the forms s et forth in the Contract Documents, or in any other form approved by the City Attorney. Failure to enter into the Contract with the City, including the submission of all required Bonds and insurance coverages, within ten calendar days after the date of the mailing of written notice of contract award to the Bidder, shall subject the Bid security to forfeiture to the extent provided by law.
LICENSES. Each Bidder shall possess a valid Class A or C -8 Contractor’s license issued by the California State Contractors License Board at the time of the Bid submission, unless this Project has any federal funding, in which case the successful Bidder must possess such a license at the time of Contract award.
RETENTION SUBSTITUTION. Five percent of any progress payment will be withheld as retention. In accordance with Public Contract Code Section 22300 and at the request and expense of the Contractor, securities equivalent to the amount withheld may be deposited with the City or with a State or federally chartere d bank as escrow agent, which shall then pay such moneys to the Contractor. Upon satisfactory completion of the Project, the securities shall be returned to the Contractor. Alternatively, the Contractor may request that the City make payments of earned retentions directly to an escrow agent at the Contractor’s expense. No such substitutions shall be accepted until all related documents are approved by the City Attorney.
BIDDING PROCESS. The City reserves the right to reject any Bid or all Bids, and to w aive any irregularities or informalities in any Bid or in the bidding, as deemed to be in its best interest.
By:
Katherine Doherty, City Engineer Date
2/14/2023
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INSTRUCTIONS TO BIDDERS
FORM OF BID. The Bid Schedule, Subcontractor Designation Form, and acknowledgement of receipt of Addenda, if any, shall be submitted using only the online electronic forms through the City of Manhattan Beach Public Works Department Bid Opportunities webpage link to the PlanetBids portal at https://www.manhattanbeach.gov/departments/public-works/bid- opportunities. The unit prices for each Bid Item shall be properly entered in the on line electronic Bid Schedule.
In addition, each Bidder must scan and submit the following documents with its electronic bid on the City’s Bid Forms. (The forms listed below can be downloaded separately on PlanetBids).
1. Completed and Signed Contractor’s Statement
2. Completed References Form
3. Completed, Signed, and Notarized Bid Bond
4. Signed Noncollusion Declaration Form
5. Evidence satisfactory to the City indicating the capacity of the person(s) signing the Bid to bind the Bidder
Any Bid not accompanied by a Contractor’s Statement completed with all information required and bearing the signature of the Bidder’s duly authorized representative under penalty of perjury may be deemed non-responsive and rejected. If the City determines that any i nformation provided by a Bidder in the Contractor’s Statement is false or misleading, or is so incomplete as to be false or misleading, the City may reject the Bid submitted by such Bidder as being non-responsive.
DELIVERY OF BIDS. The Bid shall be delive red by the time and date specified in the Notice Inviting Bid, through the City of Manhattan Beach Public Works Department Bid Opportunities webpage link to the PlanetBids portal at https://www.manhattanbeach.gov/departments/public- works/bid-opportunities. Paper copies will not be accepted. Bidders are solely responsible for ensuring that their Bids are received in proper time. Accepted Bids shall become the propert y of the City.
AMENDED BIDS. Unauthorized conditions, limitations or provisos attached to a Bid may cause the Bid to be deemed incomplete and non-responsive.
WITHDRAWAL OF BID. A Bid may be withdrawn without prejudice upon written request by the Bidder filed with the City Clerk before the Bid submission deadline. Bids not withdrawn must remain valid and shall not be subject to withdrawal for 90 Days after the Bid opening date.
BIDDER’S SECURITY. Each Bid shall be accompanied by cash, a certified or cashie r’s check payable to the City, or a satisfactory Bid Bond in favor of the City executed by the Bidder as principal and an admitted surety insurer as Surety, in an amount not less than ten percent of the amount set forth in the Bid. The cash, check or Bid Bond shall be given as a guarantee that, if selected, the Bidder will execute the Contract in conformity with the Contract Documents, and will provide the evidence of insurance and furnish the specified Bonds, within ten calendar days after the date of del ivery of the Contract Documents to the Bidder. In case of the Bidder’s refusal or failure to do so, the City may award the Contract to the next lowest responsible bidder, and the
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cash, check, or Bond (as applicable) of the lowest Bidder shall be forfeited to the City to the extent permitted by law. No Bid Bond will be accepted unless it conforms substantially to the form provided in these Contract Documents.
QUANTITIES APPROXIMATE. Any quantities shown in the Bid form or elsewhere herein shall be considered as approximations listed to serve as a general indication of the amount of Work or materials to be performed or furnished, and as basis for the Bid comparison. The City does not guarantee that the actual amounts required will correspond with those shown. As deemed necessary or convenient, the City may increase or decrease the amount of any item or portion of Work or material to be performed or furnished or omit any such item or portion, in accordance with the Contract Documents.
ADDENDA. Each Bidder shall register to become a Registered Bidder via the City of Manhattan Beach Public Works Department Bid Opportunities webpage link to the PlanetBids portal at https://www.citymb.info/departments/public-works/bid-opportunities. Addenda, if any, shall be issued via email through the PlanetBids Vendor Portal. It is the Contractor’s responsibility to ensure the email address utilized in the Planet Bids Vendor Portal is current and accurate and it is further the Contractor’s responsibility to actively check the Portal and email for the issuance of Addenda.
Bidders are responsible for ensuring that they have received any and all Addenda. It is the Bidder’s responsibility t o actively check PlanetBids for Addenda or bulletin updates. Each Bidder is responsible for verifying that it has received all Addenda issued. Bidders must acknowledge receipt of all Addenda, if any. Failure to acknowledge receipt of all Addenda may cause a Bid to be deemed incomplete and non-responsive.
COMPETENCY OF BIDDERS. In evaluating Bidder responsibility, consideration will be given not only to the financial standing, but also to the general competency of the Bidder for the performance of the Project. Each Bidder shall set forth in the designated areas of the Bidder’s Proposal a Contractor’s Statement regarding its experience. No Contract will be executed with a Bidder that is not licensed and registered with the DIR in accordance with State law, and with any applicable specific licensing requirements specified in these Contract Documents. These licensing and registration requirements for Contractors shall also apply to all Subcontractors.
BIDDER’S EXAMINATION OF SITE AND CONTRACT DOCUMENTS. The Bidder, at its sole cost and expense, is required to carefully examine the Contract Documents and the Project site to become fully acquainted with the conditions affecting the Work. The failure of a Bidder to receive or examine any of the Contract Documents or to inspect the site shall not relieve such Bidder from any obligation relating to the Bid, the Contract, or the Work required under the Contract Documents. The City assumes no responsibility or liability to any Bidder for, nor shall the City be bound by, any understandings, oral representations or oral agreements of the City’s agents, employees or officers concerning the Contract Documents or the Work made prior to execution of the Contract. By submitting a Bid, Bidder represents: (1) that Bidder has read and understands the Contract Documents; (2) the Bid is made in compliance with the Contract Documents and is based upon the labor, materials, equipment, and systems required by the Contract Documents; (3) that Bidder understands that all labor, materials, equipment, and systems to be furnished for the Work shall be furnished for the prices bid; (4) that it has visited the Project site, familiarized itself with the local conditions under which the Work is to be performed; (5) that it is fully exp erienced, qualified and competent to perform the Work set forth in the Contract Documents; (6) that it shall not damage or endanger and shall preserve and protect adjacent properties; (7) that it is properly equipped, organized, and financed to perform the Work; (8) that it is properly permitted and licensed by the California Contractors State Licensing Board to perform the Work; (9) that it has familiarized itself with all conditions bearing upon
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transportation, disposal, handling, and storage of materials; (10) that it has familiarized itself with the availability of labor, water, electric power, and roads; (11) that it has familiarized itself with uncertainties of weather, or similar physical conditions at the Project site; (12) that it has familiarized itself with the character of equipment and facilities needed preliminary to and during performance of the Work; (13) that it has familiarized itself with the staging and material storage constraints of the Project site and surrounding buildings and will con fine its staging and storage operations to approved areas; and (14) that it will coordinate its construction activities with the other contractors performing work on the Project site, if any, including, but not limited to, any separate contractor retained by the City.
No information derived from an inspection of records or investigation will in any way relieve the Contractor from its obligations under the Contract Documents nor entitle the Contractor to any additional compensation. The Contractor shall not make any claim against the City based upon ignorance or misunderstanding of any condition of the Project site or of the requirements set forth in the Contract Documents. No claim for additional compensation will be allowed which is based on a lack of knowledge of the above items. Bidders assume all risks in connection with performance of the Work in accordance with the Contract Documents, regardless of actual conditions encountered, and waive and release the City with respect to any and all claims and liabilities in connection therewith, to the extent permitted by law.
The omission of any portion or item of Work from the Bid that is reasonably inferable from the Contract Documents is not a basis for adjustment of the Contract Price or the Contract Time.
DISQUALIFICATION OF BIDDERS. No Person shall be allowed to make, file or be interested in more than one Bid for the Project. A Person that has submitted a sub-bid to a Bidder, or that has quoted prices of materials to a Bidder, is not thereby disqualified from submitting a sub-proposal or quoting prices to other Bidders or from making a prime Bid. If there is a reason to believe that collusion exists among the Bidders, all affected Bids will be rejected.
RETURN OF BID SECURITY. The successful Bidder’s Bid security shall be held until the Contract is executed. Bid security shall be returned to the unsuccessful Bidders within a reasonable time, which in any case shall not exceed 90 Days after the successful Bidder has signed the Contract.
AWARD OF CONTRACT. The City reserves the right to reject any or all Bids or any parts thereof or to waive any irregularities or informalities in any Bid or in the bidding. The Contract award, if made, will be to the lowest responsible, responsive Bidder and is anticipated to occur within 90 calendar Days after the Bid opening. The Contract award may be made after that period if the selected Bidder has not given the City written notice of the withdrawal of its Bid.
DETERMINATION OF LOWEST BIDDER IF ADDITIVE OR DEDUCTIVE ITEMS. In accordance with Public Contract Code Section 20103.8, the lowest Bid shall be determined by comparing the total Bid price of all Base Bid Items and Additive Alternate Bid Items, using the Engineer’s estimate of quantities for the Work as set forth in the Bidder’s Proposal. The amount of the contract award will be based on the available budget for the project. It may be only for the Base Bid or if the budget allows, include Additive Bid Items. In the event that any or all of the Alternate Bid Items are not awarded as part of the Contract, the City reserves the right to add any or all of the Alternate Bid Items by Change Order or Construction Change Directive at the prices set forth in the Bid.
TRENCHING. If the Project involves the constru ction of a pipeline, sewer, sewage disposal system, boring and jacking pits, or similar trenches or open excavations, which are five feet deep
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or more, then each Bidder must submit, as a Bid item, adequate sheeting, shoring, and bracing, or an equivalent method, for the protection of life or limb, which shall conform to applicable safety orders. This final submission must be accepted by the City in advance of excavation and must include a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from caving ground during the excavation Work. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
LISTING OF SUBCONTRACTORS. Each Bidder shall submit a list of the proposed Subcontractors on the Project, as required by the Subletting and Subcontracting Fair Practices Act (Public Contract Code Section 4100, et seq.).
WORK OF SUBCONTRACTORS. All Bidders are encouraged to disseminate all of the Specifications, Drawings, and other Contract Documents to all persons or entities submitting sub- bids to the Bidder.
INELIGIBLE SUBCONTRACTORS. The successful Bidder is prohibited from performing Work on the Project with any Subcontractor who is ineligible to perform work on a public works project pursuant to Sections 1777.1 or 1777.7 of the California Labor Code. By submitting a Bid, each Bidder certifies that it has investigated the eligibility of each and every listed Subcontractor and has determined that none is ineligible to perform Work pursuant to the Labor Code.
EXECUTION OF CONTRACT. The selected Bidder shall execute the Contract in the form included in these Contract Documents within ten calendar days from the date of delivery of the Contract Documents to the Bidder. Additionally, the selected Bidder shall also secure all insurance and Bonds as herein specified, and provide copies to the City, within ten calendar days from the date of delivery of the Contract Documents to the Bidder. Failure or refusal to execute the Contract or to conform to any of the stipulated requirements shall be just cause for the annulment of the award and forfeiture of the Bidder’s security. In such event, the City may declare the Bidder’s security forfeited to the extent permitted by law, and the City may award the Contract to the next lowest responsible Bidder or may reject all bids.
SIGNATURES. The Bidder shall execute all documents requiring signatures, and shall cause to be notarized all documents that indicate such a requirement. The Bidder shall provide evidence satisfactory to the City, such as an authenticated resolution of its board of directors or a power of attorney, indicating the capacity of the person(s) signing the Bid to bind the Bidder to the Bid and any Contract arising therefrom.
INSURANCE AND BONDS. The Contractor shall not begin Work until it has given the City evidence of all required insurance coverage (including all additional insured endorsements), a Bond guaranteeing the Contractor’s faithful performance of the Contract, and a Bond securing the payment of claims for labor and materials. Where a Contractor has entered into an agreement with a Professional Employment Organization (PEO) to provide human resources, workers' compensation insurance, or other benefits to the Contractor's employees, the Contractor must also submit the agreement with the PEO for review by the City.
INTERPRETATION OF CONTRACT DOCUMENTS. Any Bidder that is in doubt as to the intended meaning of any part of th e Contract Documents, or that finds discrepancies in or omissions from the Contract Documents, may submit to the City Engineer a written request for an interpretation or correction not later than the date specified in the Notice Inviting Bids. Requests for clarification received after this date will be disregarded. Please indicate the Project and
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identification number in the request for clarification. Telephonic requests will not be taken. Any interpretation or correction of the Contract Documents will be made only by a written Addendum.
No oral interpretation of any provision in the Contract Documents shall be binding.
TRADE NAMES OR EQUALS. Requests to substitute an equivalent item for a brand or trade name item must be made by written request submitted no later than ten calendar days after the award of contract. Requests received after this time shall not be considered. Requests shall clearly describe the product for which approval is requested, including all data necessary to demonstrate acceptability.
TAXES. Except as may be otherwise specifically provided herein, all sales and/or use taxes assessed by federal, State or local authorities on materials used or furnished by the Contractor in performing the Work shall be paid by the Contractor. The Bidder shall calculate payment for all sales, unemployment, pension and other taxes imposed by federal, State, and local law and shall include these payments in computing the Bid.
PROTESTS. Any protest of the award of a bid to the apparent lowest responsive and responsible bidder or other bidders must be submitted in accordance with the provisions of the City of Manhattan Beach Public Works Department Bid Protest Procedure Policy 2020-1, available on the City of Manhattan Beach Public Works Department Bid Opportunities webpage at https://www.manhattanbeach.gov/departments/public-works/bid-opportunities.
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BID SCHEDULE NOTICE
Registered Bidders shall utilize the electronic Bid Schedule on the City of Manhattan Beach Bid Portal with PlanetBids to enter Bid Item prices and Subcontractor List information, to acknowledge receipt of Addenda, if any, and to upload scanned copies of other required Bid Forms for submittal.
The link to register to become a Registered Bidder and
electronically bid on this Project can be found at the following address:
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CHECKLIST
CHECKLIST FOR BIDDERS
The following information is required of all Bidders at the time of Bid submission:
Completed and Signed Contractor’s Statement
Completed References Form
Completed, Signed and Notarized Bid Bond
Signed Noncollusion Declaration Form
Evidence satisfactory to the City indicating the capacity of the person(s) signing the Bid to bind the Bidder
Failure of the Bidder to provide all required information in a complete and accurate manner may cause the Bid to be considered non-responsive.
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BID
CITY OF MANHATTAN BEACH
CITYWIDE CONCRETE REPAIRS PROJECT CYCLE 2
TO THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF MANHATTAN BEACH:
The undersigned, as Bidder, declares that: (1) this Bid is made without collusion with any other person and that the only persons or parties interested as principals are those named herein; (2) the undersigned has carefully examined the Contract Documents (including all Addenda) and the Project site; and (3) the undersigned has investigated and is satisfied as to the conditions to be encountered, the character, quality and quantities of Work to be performed, and the materials to be fu rnished. Furthermore, the undersigned agrees that submission of this Bid shall be conclusive evidence that such examination and investigation have been made and agrees, in the event the Contract be awarded to it, to execute the Contract with the City of Manhattan Beach to perform the Project in accordance with the Contract Documents in the time and manner therein prescribed, and to furnish or provide all materials, labor, tools, equipment, apparatus and other means necessary so to do, except as may otherwise be furnished or provided under the terms of the Contract Documents, for the following stated unit prices or lump -sum price as submitted on the Bid herein.
This Bid is made with the full knowledge of the kind, quantity, and quality of the materials and Work required and, if it is accepted by the City, the Bidder shall enter into a Contract and furnish the bonds, insurance, and other documents as required by the Contract Documents within ten calendar days after the date of delivery of the Contract Docume nts to the Bidder. The Bidder agrees that failure to execute and return the Contract or the required faithful performance bond, labor and materials payment bond, warranty bond, and insurance certificates to the City within the ten calendar day period shall be sufficient cause for the rescission of the award and forfeiture of the Bid Security to the City to the extent permitted by law.
Accompanying this Bid is cash, a cashier’s check, a certified check or a Bid Bond in an amount equal to at least ten percent of the total aggregate Bid price based on the quantities shown and the unit prices quoted. The undersigned further agrees that, should it be awarded the Contract and thereafter fail or refuse to execute the Contract and provide the required evidence of insurance and Bonds within ten calendar days after delivery of the Contract to the undersigned, then the cash, check or Bid Bond shall be forfeited to the City to the extent permitted by law. 12100-0001\2654178v1.doc
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CITY OF MANHATTAN BEACH
BID SCHEDULE FOR
CITYWIDE CONCRETE REPAIRS PROJECT CYCLE 2
Bidder’s Name:
Bidder’s Address:
To the Honorable Mayor and Members of the City Council:
In compliance with the Notice Inviting Bids, the undersigned hereby agrees to execute the Contract to furnish all labor, materials, equipment and supplies for the Project in accordance with the Contract Documents to the satisfaction and under the direction of the City Engineer, at the following prices:
An alphabetized list of bid item descriptions is provided following the bid schedules.
Bid Items as Follows:
BASE BID SCHEDULE:
ITEM
NO.
CODE
DESCRIPTION
UNIT ESTIMATED
QUANTITY
UNIT
PRICES
EXTENDED
AMOUNT
1 Mobilization (5%
Maximum of Total Bid
Price)
EA 4
2 6” Portland Cement
Concrete (PCC) Curb
and Gutter
LF 20
3 8” Portland Cement
Concrete (PCC) Curb
and Gutter
LF 20
4 PCC Cross Gutter and
Spandrel
(High Early Strength)
SF 900
5 Custom Design of Curb
Ramp by Registered
Civil Engineer (to
Ensure/Record ADA
Compliance)
EA 4
6 PCC ADA Compliant
Curb Ramp SF 1450
7 PCC Sidewalk SF 360
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8 6” Residential PCC
Driveway Approach
(High Early Strength)
SF 280
9 8” Commercial PCC
Driveway Approach
(High Early Strength)
SF 330
10 PCC Pavement
(High Early Strength)
SF 5500
11 2’ Wide Pervious
Concrete Gutter over
6” CAB and Filter
Fabric
LF 20
12 Furnish and Install
Water Sleeve and
Cover
EA 2
13 Adjust Water Valve
Cover to Grade EA 2
14 Adjust Water Meter
Box to Grade EA 2
15 Adjust City-Owned
Sewer/Stormdrain
Manhole (Precast and
Brick) Frame and
Cover to Grade
EA 2
16 Concrete Grinding LF 45
17 Cold Mill Existing
Asphalt Concrete and
Place 2-Inch Overlay,
Type III C3-PG64-10
AC Pavement
SY 50
18 Rolled Curb LF 20
19 Colored Rolled Curb LF 40
20 Traffic Loops Type "D"
and "E" EA 1
21 Protect and Adjust
Monument, Frames,
Covers, and Sleeves
EA 4
22 Asphalt Berm LF 120
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23 Surface Mounted
Detectable Warning
Surface
EA 4
24 %
Special Project Site
Maintenance. Only as
Directed by City.
LS 1 N/A $ 5,000
TOTAL BASE BID
SCHEDULE:
$
NOTES:
1) In the CODE column (S) denotes a specialty item, (%) denotes progress payments for that lump sum item will be allowed based on the percentage of completion in each pay period, and (C) denotes payments will be made after the completion of the lump sum item. See Subsection 7-2.1 of the General Provisions for details. 2) In the UNIT column (LS) denotes a lump sum item. See Section 7 of the General Provisions for details.
3) Estimated quantities are for the purpose of Bid comparison only; payments will be made on the basis of actual measurement of Work completed, except for lump sum (LS) items. For lump sum items, see Note 1. The Bid Price shall include, but not limited to, sales tax and all other applicable taxes and fees.
4) Items may be adjusted or deleted. T h e unit prices provided above by the Bidder shall be applied to actual quantity of each unit price item, regardless of the original quantity estimate. The City reserves the right to not use any of the estimated quantities; and if this right is exercised, the Contractor will not be entitled to any additional compensation.
Bid Item Descriptions (listed alphabetically)
2’ Wide Pervious Concrete Gutter over 6” CAB and Filter Fabric Work under this item shall include but not be limited to, all traffic control, labor, tools, equipment, and material costs for gutter removal and construction of 2’ wide pervious concrete gutter over 6” CAB and filter f abric at various city locations where directed by the Engineer, per Manhattan Beach Standard Plans MBSI-123A-0 Pervious Concrete Gutter, Standard Specifications for Public Works Construction “Greenbook”, and Special Provisions subsection 303-8 Pervious Concrete.
6” Residential PCC Driveway Approach
Work under this item shall include but not be limited to, all traffic control, labor, tools, equipment, and material costs fo r removal and replacement of the 6” residential portland cement conctrete (PCC) driveway a pproach at various city locations where directed by the Engineer, per the applicable Manhattan Beach Standard Plan [MBSI-110A-1 (ST-1) Residential Driveway Approach (R/W width behind curb 8’ or more), MBSI-110B-1 (ST-1) Residential Driveway Approach (R/W width behind curb 10’ or more) , or MBSI-110C-1 (ST-1) Residential Driveway Approach (Confined R/W)], Standard Specifications for Public Works Construction “Greenbook”, and Special Provisions subsection 303-5 Concrete Curbs, Walks, Gutters, Cross Gutters, Alley, Intersections, Access Ramps, and Driveways. All Residential Driveway Approaches shall be constructed using High Early Strength Concrete.
8” Commercial PCC Driveway Approach
Work under this item shall include but not be limited to, all traffic control, labor, tools, equipment, and material costs for removal and replacement of the 8” commercial portland cement conctrete (PCC) driveway a pproach at various city locations where directed by the Engineer, per the 12100-0001\2654178v1.doc
City of MB Form
B-5
applicable Manhattan Beach Standard Plan [MBSI-116A-0 Commercial Driveway Approach: Type I , MBSI-116B-0 Commercial Driveway Approach: Type II, MBSI-116C-0 Commercial Driveway Approach: Type III , or MBSI-116D-0 Commercial Driveway Approach: Type IV ], Standard Specifications for Public Works Constr uction “Greenbook”, and Special Provisions subsection 303-5 Concrete Curbs, Walks, Gutters, Cross Gutters, Alley, Intersections, Access Ramps, and Driveways. All Commercial Driveway Approaches shall be constructed using High Early Strength Concrete.
Adjust Water Valve Cover to Grade
Work under this item shall include the cost for all the work involved to adjust the water valve sleeve and cover to finish grade and shall include all materials and work to complete the job of final grade during the PCC paving or when the paving is complete where directed in the field by the Engineer.
Work under this item shall include but not be limited to, all labor, tools, equipment, and material costs to Protect and Adjust Water Valve Covers to Grade per Manhattan Beach Standard Plans MBWS-710A-0 Adjustable Valve Box with Cap in AC and PCC Pavements , Standard Specifications for Public Works Construction “Greenbook”, Special Provisions Sections 400 Protection and Restoration, 402 Utilities, and 403 Manhole Adjustment and Reconstruction, and Appendix V Monument Inventory List.
Adjust City-Owned Sewer/Stormdrain Manhole (Precast and Brick) Frame and Cover to Grade The unit price bid per each sewer/stormdrain manhole cover shall include the cost for all work and materials involved to adjust each manhole frame and cover to finished pavement grade either before or after the concrete repaving is completed. The City of Manhattan Beach Wastewater Division will provide the replacement manhole covers as nece ssary (if the manhole cover is in poor condition). Adjustment of manholes and structures shall be in accordance with Standard Plans for Public Works Construction Standard Plan No. 205-3 and No.206-2 (2021 Edition), City of Manhattan Beach MBSS -210A-0 (ST-19) and MBFE-312A-0 (ST-7), Standard Specifications for Public Works Construction “Greenbook”, Special Provisions Section 403 Manhole Adjustment and Reconstruction, and Appendix V Monument Inventory List.
Adjust Water Meter Box to Grade
Work to adjust water meter boxes to grade shall include the cost for all work involved in replacing the existing water meter box and adjusting it to finish grade, and shall include all work to complete the job of final grade setting before paving or concrete placement. Th e City of Manhattan Beach Water Division will provide the replacement water meter boxes and lids, as necessary. Refer to Standard Specifications for Public Works Construction “Greenbook”, Special Provisions Section 400 Protection and Restoration, and Section 403 Manhole Adjustment and Reconstruction , and Appendix V Monument Inventory List.
Asphalt Berm
Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for asphalt removal and replacement of Type III C3-PG64-10 AC Pavement Asphalt Berm per Appendix III Asphalt Berm: Drainage Control Cross Section Detail, Standard Specifications for Public Works Construction “Greenbook”, and Special Provisions 302 Roadway Surfacing.
Cold Mill Existing Asphalt Concrete and Place 2-Inch Overlay, Type III C3-PG64-10 AC Pavement Work under this item shall include but not be limited to, all labor, tools, equipment, disposal, and material costs necessary to remove existing pavement by cold milling and place a 2-inch overlay of Type III C3 -PG64-10 AC pavement at various city locations where directed by the Engineer , per Standard Specifications for Public Works Construction “Greenbook”, and Special Provisions Section Sections 302 Roadway Surfacing and 404 Cold Milling.
Concrete Grinding
12100-0001\2654178v1.doc
City of MB Form
B-6
Work under this item shall include, but not be limited to, all labor, tools, equipment, and material costs for concrete grinding to create a flush surface in areas where the surface is a tripping hazard equal or greater than 1/4” in height. Grinding will be permitted at various locations as directed in the field by the Engineer and per the latest Caltrans Standard Specifications Section 42 -3 Grinding.
Custom Design of Curb Ramp by Registered Civil Engineer (to Ensure/Record ADA Compliance) Work under this item shall include furnishing all time, materials, and coordination necessary for the development of an ADA-compliant curb ramp by a registered civil engineer, including, but not limited to, research of record drawings, survey, design drawings, submittals, approval with/from the City, construction support, as well as preparation of an as-built memorandum stamped and signed by the design engineer. If ADA compliance is not achievable due to existing site conditions, the ramp should be de signed to comply to the maximum extent possible. Refer to Appendix IV and Special Provisions Subsection 303-5 Concrete Curbs, Walks, Gutters, Cross Gutters, Alley, Intersections, Access Ramps, and Driveways.
Furnish and Install Water Sleeve and Cover
Work under this item shall include but not be limited to, all labor, tools, equipment, and material costs to furnish and install water sleeve and covers at various city locations where directed by the Engineer, per Manhattan Beach Standard Plans MBWS-710A-0 Adjustable Valve Box with Cap in AC and PCC Pavements, Standard Specifications for Public Works Construction “Greenbook”, Special Provisions Section 402 Utilities, and Appendix V Monument Inventory List.
Mobilization (5% maximum of Total Bid Price per Mobilization) Work under this item shall include, but not be limited to, all labor, tools, equipment and material costs for preparatory work and operations necessary for the movement of personnel, equipment, supplies, and incidentals to the project site; for t he establishment of all offices, buildings, construction yards, sanitary facilities, Best Management Practices (BMP), and any other facilities necessary for work on the project; and for all other work and operations which must be performed or costs incurre d prior to beginning work on the various contract items on the project site, as well as the related demobilization costs anticipated at the completion of the project. Refer to the Standard Specifications for Public Works Construction “Greenbook” and Part 9 Special Instructions for information regarding staging and storage. The cost of all bonds and insurance policies, including premiums and incidentals, shall be included in Mobilization. No additional compensation will be allowed for additional mobilizations required, including but not limited to, extra work, or delays discovered during construction operations. The cost of all traffic control shall be included in the cost of the individual work items to which it applies, and not included within the cost of Mobilzation.
PCC ADA Compliant Curb Ramp
Removal and replacement of Portland Cement Conctrete (PCC) ADA Compliant Curb Ramp shall be at various city locations where directed by the Engineer, per design prepared by Contractor’s Registered Engineer, or Caltrans Standard P lans A88A Curb Ramp Details, A88B Curb Ramp and Island Passageway Details. Refer to Standard Specifications for Public Works Construction “Greenbook” Specifications, and Special Provisions subsection 303-5 Concrete Curbs, Walks, Gutters, Cross Gutters, Alley, Intersections, Access Ramps, and Driveways . Work shall include full compensation for labor, materials, tools and incidentals, and for performing all work involved in the construction of new ADA curb ramps, complete as specified herein; including but not limited to, traffic control, construction survey, saw -cutting, removal and disposal, excavation, forming, pavement restoration, cast-in detectable warning surface, support of adjacent structures including (protection, restoration, grading, irrigation turf replacement , etc.), furnish and install concrete to construct new ADA ramp, backfill, and compaction to the satisfaction of the Engineer.
PCC Concrete Curb and Gutter (6” Curb with 12” Gutter or 8” Curb with 18” Gutter) 12100-0001\2654178v1.doc
City of MB Form
B-7
Work under this item shall include but not be limited to, all labor, tools, equipment, and material costs for removal and replacement of the Portland Cement Conctrete (PCC) Concrete Curb and Gutter at various city locations where directed by the Engineer , per Manhattan Beach Standard Plan MBSI-120A-0 (ST-3) Standard Curb and Gutter, Standard Specifications for Public Works Construction “Greenbook”, and Special Provisions subsection 303 -5 Concrete Curbs, Walks, Gutters, Cross Gutters, Alley, Intersections, Access Ramps, and Driveways.
PCC Sidewalk
Work under this item shall include but not be limited to, all labor, tools, equipment, and material costs for removal and replacement of the Portland Cement Conctrete (PCC) Sidewalk at various city locations where directed by the Engineer per Manhattan Beach Standard Plan MBSI-112A-0 (ST-2) Standard Sidewalk and MBSI-115D-0 Sidewalk Placement Around Obstructions, Standard Specifications for Public Works Construction “Greenbook”, and S pecial Provisions subsection 303-5 Concrete Curbs, Walks, Gutters, Cross Gutters, Alley, Intersections, Access Ramps, and Driveways.
PCC Cross Gutter and Spandrel
Work under this item shall include but not be limited to, all labor, tools, equipment, and material costs for removal and replacement of the Portland Cement Concrete (PCC) Cross Gutter and Spandrel at various city locations where directed by the Engineer per Manhattan Beach Standard Plan MBSI -122A-0 (ST -12) Standard Cross Gutter, Standard Specif ications for Public Works Construction “Greenbook ”, and Special Provisions subsection 303 -5 Concrete Curbs, Walks, Gutters, Cross Gutters, Alley, Intersections, Access Ramps, and Driveways. All Cross Gutter and Spandrel shall be constructed using High Early Strength Concrete.
PCC Pavement
Work under this item shall include but not be limited to, all labor, tools, equipment, and material costs for removal and replacement of Portland Cement Concrete (PCC) Pavement at various city locations where directed by the Engineer per Manhattan Beach Standard Plan MBSI-132A-0 (ST- 10) Street Excavation and Pavement Restoration, Standard Specifications for Public Works Construction “Greenbook”, and Special Provisions subsections 302 Roadway Surfacing and 303 Concrete and Masonry Construction. All PCC Pavement shall be constructed using High Early Strength Concrete.
PCC Rolled Curb (Natural Concrete Gray or Colored)
Work under this item shall include but not be limited to, all labor, tools, equ ipment, and material costs for removal and replacement of the Portland Cement Conctrete (PCC) Type C Rolled Curb at various city locations where directed by the Engineer per Manhattan Beach Standard Plan MBSI-121A-0 Type C Rolled Curb , Standard Specifications for Public Works Construction “Greenbook”, and Special Provisions subsection 303 -5 Concrete Curbs, Walks, Gutters, Cross Gutters, Alley, Intersections, Access Ramps, and Driveways.
Protect and Adjust Monument Frames, Covers, and Sleeves Work under this item shall include but not be limited to, all labor, tools, equipment, and material costs to Protect and Adjust Monument Frames, Covers, and Sleeves at various city locations where directed by the Engineer per Manhattan Beach Standard Plan MBSI-170A-0 (ST -4) Monument in Roadwa y, Standard Specifications for Public Works Construction “Greenbook”, Special Provisions Section 400 Protection and Restoration, and Appendix V Monument Inventory List.
Special Project Site Maintenance (Only as Directed By City) To maintain good public relations, the City may deem it necessary to require special Project site maintenance, public convenience, safety actions, and work to be performed by the Contractor that 12100-0001\2654178v1.doc
City of MB Form
B-8
are over and above that which is required by the provisions of Section 3-12 and Section 5-7 of the Standard Specifications and these General Provisions. These actions and work shall be as directed by the Engineer in writing, and payment for compliance therewith shall be on a cost plus basis for extra work per Section 7-4 of the Standard Specifications and applied against the not-to- exceed bid item for “Special Project Site Maintenance and Public Convenience and Safety.”
Surface Mounted Detectable Warning Surface
Work under this item shall include, but not be limited to, all removal, disposal, labor, tools, equipment, and material costs necessary to furnish and install a Surface Mounted Detectable Warning Surface. Warning surface shall be 36”x60” Armor-Tile (or approved equal), installed per manufacturer details. Refe r to Appendix III ADA-S-3648W Detectable/Tactile Warning Surface Tile 36”x60” Suface Ap plied Inline Dome Tactile Tile Plans and Detail and Caltrans Standard Specifications.
Traffic Loops Type "D" and "E"
Work under this item shall include but not be limited to, all labor, tools, equipment, traffic control, and material costs to furnish and install Traffic Loops Type "D" and "E" at various city locations where directed by the Engineer, per Caltrans Latest Plans ES-5B, Caltrans Latest Specifications, Manhattan Beach Standard Plan MBSI -174A-1 (ST -27) Continental Crosswalk Markings, and Special Provisions. The Contract unit price paid per each traffic signal loop installed shall include, but not be limited to the complete installation of the loop detectors, to the termination of pull box, conduits, slot cutti ng, lead -in cable loop wire, application of sealant, and no additional compensation will be made therefor.
Total Bid Price = Base Bid Schedule Amount Plus (+) All Additive Bid Schedule Amounts
TOTAL BID PRICE IN DIGITS: $
TOTAL BID PRICE IN WORDS:
The undersigned certifies to have a minimum of three consecutive years of current experience in the type of Work related to the Project and that this experience is in ac tual operation of the firm with permanent employees performing a part of the Work as distinct from a firm operating entirely by subcontracting all phases of the Work. The undersigned also certifies to be properly licensed by the State as a contractor to perform this type of Work. The undersigned possesses California Contractor’s License
Number , Class , which expires on .
Signature: Title: Date:
Signature:
Title:
Date:
12100-0001\2654178v1.doc
City of MB Form
B-9
BIDDER’S PROPOSAL – CONTRACTOR’S STATEMENT
CITYWIDE CONCRETE REPAIRS PROJECT CYCLE 2
Fill out all of the following information. Attach additional sheets if necessary.
(1) Bidder’s Name:
(2) If the Bidder’s name is a fictitious name, who or what is the full name of the registered owner? If the Bidder’s name is not a fictitious name, write “N/A” in the response to this question. If you are doing business under a fictitious name, provide a copy of the filed valid Fictitious Business Name Statement.
(3) Business Address:
(4) Telephone: Email:
(5) Type of Firm – Individual, Partnership, LLC or Corporation:
(6) Corporation organized under the laws of the State of:
(7) California State Contractor’s License Number and Class:
Original Date Issued: Expiration Date:
(8) DIR Contractor Registration Number:
(9) List the name and title of the person(s) who inspected the Project site for your firm:
(10) Number of years’ experience the company has as a contractor in construction work:
(11) List the names, titles, addresses and telephone numbers of all individuals, firm members, partners, joint ventures, and company or corporate officers having a principal interest in this Bid:
(12) List all current and prior D.B.A.’s, aliases, and fictitious business names for any principal having interest in this Bid:
12100-0001\2654178v1.doc
City of MB Form
B-10
(13) List the dates of any voluntary or involuntary bankruptcy judgments against any principal having an interest in this Bid:
(14) For all arbitrations, lawsuits, settlements and the like (in or out of court) that the company or any principal having an interest in this Bid has been involved with in the past five years:
a. List the names, addresses and telephone numbers of contact persons for the parties:
b. Briefly summarize the parties’ claims and defenses:
c. State the tribunal (e.g., Superior Court, American Arbitration Association, etc.), the matter number, and the outcome:
(15) Has the company or any principal having an interest in this Bid ever had a contract terminated by the owner or agency? If yes, explain.
12100-0001\2654178v1.doc
City of MB Form
B-11
(16) Has the company or any principal having an interest in this Bid ever failed to complete a project? If yes, explain.
(17) Has the company or any principal having an interest in this Bid ever been terminated for cause, even if it was converted to a “termination of convenience”? If yes, explain.
(18) For projects that the company or any principal having an interest in this Bid has been involved with in the last five years, did you have any claims or actions:
a. By you against the owner? Circle one: Yes No
b. By the owner against you? Circle one: Yes No
c. By any outside agency or individual for labor compliance? Circle one: Yes No
d. By Subcontractors? Circle one: Yes No
e. Are any of these claims or actions unresolved or outstanding? Circle one: Yes No
If your answer is “yes” to any part or parts of this question, explain.
(19) Has the company or any of its principals ever been debarred by any agencies? Is yes, please explain.
12100-0001\2654178v1.doc
City of MB Form
B-12
(20) For all public agency projects in excess of $15,000.00 that you are currently working on or have worked on in the past two years, provide the following information:
Project 1 Name/Number
Project Description
Approximate Construction Dates From: To:
Agency Name:
Contact Person: Telephone:
Address:
Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.).
Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No
If you answered yes to either of the above two questions, please explain and indicate outcome of claims.
Project 2 Name/Number
Project Description
Approximate Construction Date From: To:
Agency Name:
Contact Person: Telephone:
Address:
Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.).
12100-0001\2654178v1.doc
City of MB Form
B-13
Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No
If you answered yes to either of the above two questions, please explain and indicate outcome of claims.
Project 3 Name/Number
Project Description
Approximate Construction Dates From: To:
Agency Name:
Contact Person: Telephone:
Address:
Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.).
Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No
If you answered yes to either of the above two questions, please explain and indicate outcome of claims.
Project 4 Name/Number
Project Description
Approximate Construction Dates From: To
12100-0001\2654178v1.doc
City of MB Form
B-14
Agency Name:
Contact Person: Telephone:
Address:
Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.).
Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No
If you answered yes to either of the above two questions, please explain and indicate outcome of claims.
Project 5 Name/Number
Project Description
Approximate Construction Dates From: To:
Agency Name:
Contact Person: Telephone:
Address:
Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.).
Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No 12100-0001\2654178v1.doc
City of MB Form
B-15
If you answered yes to either of the above two questions, please explain and indicate outcome of claims.
Project 6 Name/Number
Project Description
Approximate Construction Dates From: To:
Agency Name:
Contact Person: Telephone:
Address:
Original Contract Amount: $ Final Contract Amount: $
If final amount is different from original amount, please explain (change orders, extra work, etc.).
Did you or any Subcontractor, file any claims against the Agency? Circle one: Yes No
Did the Agency file any claims against you? Circle one: Yes No
If you answered yes to either of the above two questions, please explain and indicate outcome of claims.
[Continue to Next Page]
12100-0001\2654178v1.doc
City of MB Form
B-16
Upon request of the City, the Bidder shall furnish evidence showing a notarized financial statement, financial data, construction experience, or other additional information.
Failure to provide truthful answers to the questions above or in the following References Form may result in the Bid being deemed non-responsive.
Urban Runoff Certification . The Bidder certifies to the City that he/she has trained his/her employees and Subcontractors, if any, for Urban Runoff management and has included sufficient sums in the Bid Price to cover such costs of training as stipulated in the most current Regional Water Quality Control Board requirements, including the Municipal Separate Storm Sewer System National Pollutant Discharge Elimination System (NPDES) Permit. The Contractor is responsible for all clean up and payment of all fines levied as a result of any illegal discharge (as defined in NPDES permit) occurring as a result of the Contractor’s Work and/or operations.
I, the undersigned, certify and declare that I have read all the foregoing answers to the Bidder’s Proposal – Contractor’s Statement and know their contents. The matters stated in the Bidder’s Proposal – Contractor’s Statement answers are true of my own knowledge and belief, except as to those matters stated on information and belief, and as to those matters I believe them to be true. I declare under penalty of perjury under the laws of the State of California that the foregoing is correct.
Company
Signature:
Name:
Title:
Date:
Signature:
Name:
Title:
Date:
12100-0001\2654178v1.doc
City of MB Form
B-17
DESIGNATION OF SUBCONTRACTORS
[Public Contract Code Section 4104]
CITYWIDE CONCRETE REPAIRS PROJECT CYCLE 2
List all Subcontractors who will perform Work or labor or render service to the Contractor in or about the construction of the Work or improvement, or a Subcontractor licensed by the State of California who, under subcontract to the Contractor, specially fabricates and installs a portion of the Work or improvement according to detailed drawings contained in the Plans and Specifications, in an amount in excess of one-half of one percent of the Contractor’s total Bid or, in the case of bids or offers for the construction of streets or highways, including bri dges, in excess of one -half of one percent of the Contractor’s total Bid or $10,000.00, whichever is greater. If all Subcontractors do not fit on this page, attach another page listing all information for all other Subcontractors.
Name under which
Subcontractor is
Licensed
and Registered
CSLB License
Number(s) and
Class(es)
DIR
Contractor
Registration
Number
Address and Phone Number
Type of Work
(e.g., Electrical)
Percentage of Total
Bid (e.g., 10%)*
*The percentage of the total Bid shall represent the “portion of the work” for the purposes of Public Contract Code Section 4104(b).
12100-0001\2654178v1.doc
City of MB Form
B-18
Bond No.
BID BOND
CITYWIDE CONCRETE REPAIRS PROJECT CYCLE 2
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Manhattan Beach (“City”), has issued an invitation for Bids for the Work described as follows:
WHEREAS
(Name and address of Bidder)
(“Principal”), desires to submit a Bid to City for the Work.
WHEREAS, Bidders are required to furnish a form of Bidder’s security with their Bids.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”), a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ),
being not less than ten percent of the total Bid price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal is awarded the Contract for the Work by the City and, within the time and in the manner required by the bidding specifications, enters into the written form of Contract included with the bidding specifications, furnishes the required Bonds (one to guarantee faithful performance and the other to guarantee payment for labor and materials), and furnishes the required insurance coverage, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
In case suit is brought upon this instrument, Surety further agrees to pay all court costs incurred by the City in the suit and reasonable attorneys’ fees in an amount fixed by the court. Surety hereby waives the provisions of Civil Code Section 2845. 12100-0001\2654178v1.doc
City of MB Form
B-19
IN WITNESS WHEREOF, this instrument has been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal”
Name:
Address:
Telephone No.:
Signature:
Print Name:
Title:
Date:
Signature:
Print Name:
Title:
Date:
“Surety”
Company Name:
Address:
Telephone No.:
Signature:
Print Name:
Title:
Date:
NOTE: This Bond must be dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached.
12100-0001\2654178v1.doc
City of MB Form
B-20
NONCOLLUSION DECLARATION FORM
TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID
[Public Contract Code Section 7106]
CITYWIDE CONCRETE REPAIRS PROJECT CYCLE 2
The undersigned declares:
I am the of , the party making the foregoing
Bid.
The Bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation. The Bid is genuine and not collusive or sham.
The Bidder has not directly or indirectly induced or solicited any other Bidder to put in a false or sham Bid. The Bidder has not directly or indirectly colluded, conspired, connived, or agreed with any Bidder or anyone else to put in a sham Bid, or to refrain from bidding. The Bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the Bid price of the Bidder or any other Bidder, or to fix any overhead, profit, or cost element of the Bid price, or of that of any other Bidder. All statements contained in the Bid are true. The Bidder has not, directly or indirectly, submitted his or her Bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, to any corporation, partnership, company, association, organization, Bid depository, or to any member or agent thereof, to effectuate a collusive or sham Bid, and has not paid, and will not pay, any Person or entity for such purpose.
Any person executing this declaration on behalf of a Bidder that is a corporation, partnership, joint venture, limited liability company, limited liability partnership, or any other entity, hereby represents that he or she has full power to execute, and does execute, this declaration on behalf of the Bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration is executed on [date], at [city], [state].
Signature:
Printed Name:
Signature:
Printed Name:
Date: Date:
12100-0001\2654178v1.doc
City of MB Form
B-21
ADDENDA ACKNOWLEDGMENT FORM
CITYWIDE CONCRETE REPAIRS PROJECT CYCLE 2
Bidder’s Name:
The Bidder shall signify receipt of all Addenda here, if any:
Addendum Number Date Received Signature
If there are more Addenda than there is room in the chart above, attach another page acknowledging receipt of the Addenda.
12100-0001\2654178v1.doc
City of MB Form
C-1
CONTRACT
CITY OF MANHATTAN BEACH CONTRACT FOR
CITYWIDE CONCRETE REPAIRS PROJECT CYCLE 2
THIS CONTRACT (“Contract”) is made and entered this _______ day of _____________, 20___ (“Effective Date”), by and between the CITY OF MANHATTAN BEACH, a California municipal corporation (“City”) and ______________________________, a ______________________________ [Legal Form of Entity and state of formation, e.g., California corporation, limited partnership, limited liability company] (“Contractor”). The Contractor’s California State Contractor’s license number is _______________.
In consideration of the mutual covenants hereinafter set forth, the parties hereto agree as follows:
1. Contract Documents. The Contract Documents consist of this Contract, the Notice Inviting Bids, Instructions to Bidders, Bid (including documentation accompanying the Bid and any post- Bid documentation submitted before the Notice of Award), the Bonds, permits from regulatory agencies with jurisdiction, General Provisions, Special Provisions, Plans, Standard Plans, Standard Specifications, Reference Specifications, Addenda, Change Orders, and Supplemental Agreements. The Contract Documents are attached hereto and incorporated herein by reference.
2. Scope of Services . The Contractor shall perform and provide all materials, tools, equipment, labor, and services necessary to complete the Work in a good and workmanlike manner for the project identified as CITYWIDE CONCRETE REPAIRS , as described in the Contract Documents.
3. Compensation.
3.1 Contract Price and Basis for Payment . In consideration for the Contractor’s full, complete, and timely performance of the Work required by the Contract Documents, the City shall pay the Contractor for the actual q uantity of Work required under the Bid Items awarded by the City performed in accordance with the lump sum prices and unit prices for Bid Items, set forth in the Bidder’s Proposal submitted with the Bid. The sum of the unit prices and lump sum prices for the Bid Items, awarded by the City is $_______________ (“Contract Price”). It is understood and agreed that the quantities set forth in the Bidder’s Proposal for which unit prices are fixed are estimates only and that the City will pay and the Contractor will accept, as full payment for these items of work, the unit prices set forth in the Bidder’s Proposal multiplied by the actual number of units performed, constructed, or completed as directed by the Engineer.
3.2 Payment Procedures . Based upon applications for payment submitted by the Contractor to the City, the City shall make payments to the Contractor in accordance with Section 7 of the Standard Specifications, as modified by Section 7 of the General Provisions.
4. Contract Time.
4.1 Initial Notice to Proceed . The City shall issue the “Notice to Proceed to Fulfill Preconstruction Requirements and Order Materials.” The date specified in the Notice to Proceed to Fulfill Preconstruction Requirements and Order Materials constitutes the date of commencement of the Contract Time of Working Days. The Contract Time includes the time necessary to fulfill preconstruction requirements, place the order for materials, and to complete construction of the Project (except as adjusted by subsequent Change Orders). 12100-0001\2654178v1.doc
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The Notice to Proceed to Fulfill Preconstruction Requirements and Order Materials shall further specify that the Contractor must c omplete the preconstruct ion requirements and order materials within Working Days after the date of commencement of the Contract Time; this duration is part of the Contract Time.
Preconstruction requirements include, but are not limited to, the following:
Submit and obtain approval of Baseline Schedule
Submit Construction and Demolition Waste Management Plan
Submit and obtain approval of Traffic Control Plans
Submit and obtain approval of the Water Pollution Control Plan (WPCP)
Submit Monument Inventory List
Obtain approved Permits from all applicable agencies
Obtain rights to use a construction yard, if applicable
Notify all agencies, utilities, residents, etc., as outlined in the Contract Documents
Submit and obtain approval of a Project Staffing List with contact information, a Project Emergency Contact List, and Illness Prevention Program.
Submit and obtain approval of critical required submittals listed in the Contract Documents and Special Provisions (i.e., concrete mix designs, asphalt mix designs, and base materials, patch materials, detectable warning surface, reflective pavement markers and adhesive, thermoplastic, paint, reflective glass beads, epoxy-coated rebar, rapid dry waterborne paint, “No Parking” Signs, etc.)
4.2 Not Used
4.3 Not Used
4.4 Notice to Proceed with Construction . After all preconstruction requirements are met and materials have been ordered in accordance with the Notice to Proceed to Fulfill Preconstruction Requirements and Order Materials, the City shall issue the “Notice to Proceed with Construction,” at which time the Contractor shall diligently prosecute the Work, including corrective items of Work, day to day thereafter, within the remaining Contract Time.
5. Liquidated Damages for Delay and Control of Work.
5.1 Liquidated Damages . The Contractor and the City have agreed to liquidate damages pursuant to Section 6-9 of the General Provisions.
6. Early Completion.
6.1 Not Used
6.2 City Not Liable for Contractor Failure to Achieve Early Completion. While the Contractor may schedule completion of all of the Work, or portions thereof, earlier than the 12100-0001\2654178v1.doc
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Contract Time, the City is exempt from liability for and the Contractor will not be entitled to an adjustment of the Contract Sum or to any additional costs, damages, including, but not limited to, claims for extended general conditions costs, home office overhead, jobsite overhead, and management or administrative costs, or compensation whatsoever, for use of float time or for the Contractor’s inability to complete the Work earlier than the Contract Time for any reason whatsoever.
7. Work after Stop Work Notice. Any work completed by the Contractor after the issuance of a Stop Work Notice by the City shall be rejected and/or removed and replaced as specified in the applicable Section of the Special Provisions.
8. Antitrust Claims. In entering into this Contract, the Contractor offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it ma y have under Section 4 of the Clayton Act (15 U.S.C. Sec.§ 15) or under the Cartwright Act (Business and Professions Code Section 16700 et seq.) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor without further acknowledgment by the parties.
9. Prevailing Wages. The City and the Contractor acknowledge that the Project is a public work to which prevailing wages apply.
10. Workers’ Compensation . Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, the Contractor certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self -insurance in accordance with the provisions of that C ode, and I will comply with such provisions before commencing the performance of the Work of this Contract.”
11. Titles. The titles used in this Contract are for convenience only and shall in no way define, limit or describe the scope or intent of this Contract or any part of it.
12. Authority. Any person executing this Contract on behalf of the Contractor warrants and represents that he or she has the authority to execute this Contract on behalf of the Contractor and has the authority to bind the Contractor to the performance of its obligations hereunder.
13. Entire Agreement . This Contract, including the Contract Documents and any other documents incorporated herein by specific reference, represents the entire and integrated Contract between the City and the Contractor. This Contract supersedes all prior oral or written negotiations, representations or agreements. This Contract may not be modified or amended, nor any provision or breach waived, except in a writing signed by both parties that expressly refers to this Contract.
14. Counterparts. This Contract may be executed in counterpart originals, duplicate originals, or both, each of which is deemed to be an original for all purposes.
IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first above written.
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CITY:
City of Manhattan Beach,
a California municipal corporation
By:
Name: Bruce Moe
Title: City Manager
ATTEST:
By:
Name: Liza Tamura
Title: City Clerk
APPROVED AS TO FORM:
By:
Name: Quinn M. Barrow
Title: City Attorney
APPROVED AS TO FISCAL IMPACT:
By:
Name: Steve S. Charelian
Title: Finance Director
APPROVED AS TO CONTENT:
By:
Name: Erick Lee
Title: Public Works Director
CONTRACTOR:
[Contractor’s Legal Name]
By:
Name:
Title:
By:
Name:
Title:
PROOF OF AUTHORITY TO BIND
CONTRACTING PARTY REQUIRED
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Bond No.
PAYMENT BOND
(LABOR AND MATERIALS)
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Manhattan Beach (“City”), State of California, has awarded to
(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
CITYWIDE CONCRETE REPAIRS PROJECT CYCLE 2
(Project name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work, to file a good and sufficient payment Bond with the City to secure the claims to which reference is made in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City and all cont ractors, subcontractors, laborers, material suppliers, and other persons employed in the performance of the Contract and referred to in Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code in the penal sum of Dollars
($ ), for materials furnished or labor thereon of any kind, or for amounts due under the Unemployment Insurance Act with respect to this Work or labor, that the Surety will pay the same in an amount not exceeding the amount hereinabove set forth, and also in case suit is brought upon this Bond, will pay, in addition to the face amount thereof, costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing this obligation, to be awarded and fixed by the court, and to be taxed as costs and to be included in the judgment therein rendered.
It is hereby expressly stipulated and agreed that this Bond shall inure to the benefit of any and all persons, companies, and corporations entitled to file claims under Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the Civil Code, so as to give a right of action to them or their assigns in any suit brought upon this Bond.
Upon expiration of the time within which the California Labor Commissioner may serve a c ivil wage and penalty assessment against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1741, and upon expiration of the time within which a joint labor management committee may commence an action against the principal, any of its subcontractors, or both the principal and its subcontractors pursuant to Labor Code Section 1771.2, if the condition of this Bond be fully performed, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect. 12100-0001\2654178v1.doc
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The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Contract or the Specifications accompanying the same shall in any manner affect its obligations on this Bond, and it does hereby waive notice of any such change, extension, alteration, or addition.
IN WITNESS WHEREOF, two identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal” “Surety”
Signature: Signature:
Print Name:
Title:
Date:
Print Name:
Title:
Date:
Signature:
Print Name:
Title:
Date:
(Seal)
(Seal)
NOTE: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. 12100-0001\2654178v1.doc
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PERFORMANCE BOND
Bond No.
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Manhattan Beach (“City”), has awarded to
(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
CITYWIDE CONCRETE REPAIRS PROJECT CYCLE 2
(Project name)
WHEREAS, Principal is required under the terms of the Contract to furnish a Bond for the faithful performance of the Contract.
NOW, THEREFORE, we, the undersigned Principal, and
,
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ ),
this amount being not less than the total Contract Price, in lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, successors executors and administrators, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions an d provisions in the Contract and any alteration thereof made as therein provided, on the Principal’s part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify and save harmless the City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise, it shall be and remain in full force and effect.
As a part of the obligation secured hereby and in addition to the face amount specified therefor, there shall be included costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered. Surety hereby waives any statute of limitations as it applies to an action on this Bond.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or of the Work to be performed thereunder or the specifications accompanying the same shall in anywise affect its obligations under this Bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the Work or to the specifications. Surety hereby waives the provisions of California 12100-0001\2654178v1.doc
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Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this Bond and has all rights of a party hereto.
IN WITNESS WHEREOF, two identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal” “Surety”
Signature:
Print Name:
Title:
Date:
Signature:
Print Name:
Title:
Date:
Signature:
Print Name:
Title:
Date:
(Seal)
(Seal)
NOTE: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. 12100-0001\2654178v1.doc
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Bond No.
WARRANTY BOND
KNOW ALL PERSONS BY THESE PRESENTS that:
WHEREAS the City of Manhattan Beach (“City”), State of California, has awarded to
(“Principal”)
(Name and address of Contractor)
a contract (the “Contract”) for the Work described as follows:
CITYWIDE CONCRETE REPAIRS PROJECT CYCLE 2
(Project name)
WHEREAS, under the terms of the Contract, the Principal is required before entering upon the performance of the Work to file a good and sufficient warranty Bond with the City.
NOW, THEREFORE, we, the undersigned Principal, and
(Name and address of Surety)
(“Surety”) a duly admitted surety insurer under the laws of the State of California, as Surety, are held and firmly bound unto the City in the penal sum of Dollars ($ )
this amount being not less than 10% of the total Contract Price, lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if the hereby bounded Principal, his, her or its heirs, executors, administrators, successors or assigns, shall remedy, without cost to the City, any defects which may develop during a period of one year from the date of completion and acceptance of the work performed under the Contract, caused by defective or inferior materials or workmanship, and shall indemnify, defend and hold harmless the City, its officers, agents, and employees for any and all claims, demands, causes of action, damages, injuries, liabilities, losses, costs or expenses, including attorneys’ fees and costs of defense, which arise out of, pertain to, or relate to such defects or to the Principal’s actions or inactions in remedying such defects, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
In case suit is brought upon this bond, Surety further agrees to pay, in addition to the Penal Sum, all costs and reasonable expenses and fees, including reasonable attorneys’ fees, incurred by the City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.
FURTHER, Surety hereby waives the provisions of California Civil Code sections 2845 and 2849.
The City is the principal beneficiary of this bond and has all rights of a party hereto.
The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract or to the work to be performed thereunder or the specifications 12100-0001\2654178v1.doc
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accompanying the same shall in anywise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract or to the work or to the specifications.
IN WITNESS WHEREOF, two identical counterparts of this instrument, each of which shall for all purposes be deemed an original hereof, have been duly executed by Principal and Surety, on the date set forth below, the name of each corporate party being hereto affixed and these presents duly signed by its undersigned representative(s) pursuant to authority of its governing body.
Dated:
“Principal” “Surety”
Signature:
Print Name:
Title:
Date:
Signature:
Print Name:
Title:
Date:
Signature:
Print Name:
Title:
Date:
(Seal)
(Seal)
NOTE: This Bond must be executed in duplicate and dated, all signatures must be notarized, and evidence of the authority of any person signing as attorney-in-fact must be attached. DATE OF BOND MUST NOT BE BEFORE DATE OF CONTRACT. Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. 12100-0001\2654178v1.doc
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CHECKLIST FOR EXECUTION OF CONTRACT
TO BE SUBMITTED BY SUCCESSFUL BIDDER:
Executed copy of the Contract (will be sent via DocuSign)
Completed, signed and notarized Payment Bond (original) in amount of the Contract
Completed, signed and notarized Performance Bond (original) in amount of the Contract
Completed, signed and notarized Warranty Bond (original) in the amount of 10% of the Contract
Workers’ Compensation Certificate with attached Certificate of Insurance General Liability insurance certificate naming the City as a co-insured Automobile insurance naming the City as a co-insured
Umbrella/Excess Liability (General aggregate) insurance certificate naming the City as a co-insured, if applicable
Additional insured endorsement – comprehensive general liability Additional insured endorsement – automobile liability
Additional insured endorsement – excess liability
Primary and Non-Contributory Endorsement- General Liability Policy Waiver of Subrogation - General Liability
Waiver of Subrogation - Worker’s Compensation
ALL SUBMITTALS WILL BE RETAINED BY CITY, EXCEPT FOR ONE COPY OF THE
FULLY EXECUTED CONTRACT
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PART 1 - GENERAL PROVISIONS SECTION
GENERAL PROVISIONS DEFINED
0-1 STANDARD SPECIFICATIONS
The 2021 edition of “Standard Specifications for Public Works Construction”, as amended by the Contract Documents, is incorporated into the Contract Documents by this reference. The Work described herein shall be done in accordance with the provisions of the Standard Specifications, as amended by the Contract Documents.
0-2 NUMBERING OF SECTIONS
The number of sections and subsections in these General Provisions are compatible with the numbering in the Standard Specifications. Subsections of architectural and/or other work may be numbered according to the Construction Specifications Institute (CSI) format.
0-3 SUPPLEMENTATION OF STANDARD SPECIFICATIONS
The Sections that follow supplement, but do not replace, the corresponding provisions in Part 1 (General Provisions) of the Standard Specifications, except as otherwise indicated herein. In the event of any conflict between the Standard Specifications and these General Provisions, these General Provisions shall control.
SECTION 1. GENERAL, TERMS, DEFINITIONS, ABBREVIATIONS, UNITS OF MEASURE,
AND SYMBOLS
The provisions below shall supplement, but not replace, those provisions in Section 1 of the Standard Specifications.
1-2 TERMS AND DEFINITIONS
Whenever in the Standard Specifications or in the Cont ract Documents the following terms are used, they shall be understood to mean the following:
Agency – The City of Manhattan Beach.
Applicable Law – All State, federal, and local laws, statutes, ordinances, codes, rules, and regulations governing the Work.
Bid Item – An item of Work listed on the Bid Schedule.
Board – The City Council of the City of Manhattan Beach.
City – The City of Manhattan Beach
City Council – The City Council of the City of Manhattan Beach Contract Documents – As defined in Section 1 of the Contract.
Contract Time – The number of Working Days stated in the Contract for the completion of the Work.
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County – County of Los Angeles, California
Detour – A temporary route for traffic (vehicular or pedestrian) around a closed portion of a road or travel way.
Engineer – The City Engineer, acting either directly or through properly authorized agents. Such agents shall act within the scope of the particular duties entrusted to them.
Estimated Quantities – The quantities of Work anticipated to be performed, as set forth in the Bid Schedule, designated as units or a lump sum.
Excavation – Any operation in which earth, rock, or other material in the ground is moved, removed, or otherwise displaced by means of tools, equipment, or explosives in any of the following ways: grading, trenching, digging, ditching, drilling, augering, tunneling, scraping, cable or pipe plowing and driving, or any other way (Cal. Gov.
Code § 4216).
Final Acceptance - Acceptance of the Work by the City Council and direction to staff to cause recordation of the Notice of Completion, pursuant to Section 3 -13 of these General Provisions.
Inspector – An authorized representative of the City, assigned by the City to make inspections of Work performed by or materials supplied by the Contractor.
Major Item of Work – A bid item amount that is at least 10% of the total contract award amount.
Minor Item of Work – A bid item amount that is less than 10% of the total contract award amount.
Notice of Completion – The notice authorized by Civil Code Section 9204.
Notice to Proceed or Notice to Proceed with Construction – A written notice issued by the City to the Contractor that authorizes the Contractor to perform the Work.
Notice to Proceed to Fulfill Preconstruction Requirements and Order Materials – A written notice issued by the City to the Contractor that authorizes the Contractor to proceed with preconstruction requirements and the acquisition or purchase of materials that are to be incorporated into the Work and establishes the date of commencement of the Contract Time.
Project – See Work.
Punch List – A list of items of Work to be completed or corrected by the Contractor in order to complete the Work as specified in the Contract Documents.
Shop Drawings – All drawings, diagrams, illustrations, brochures, schedules and other data which are prepared by the Contractor, a Subcontractor, manufacturer, supplier, or distributor, which illustrate how specific portions of the Work shall be fabricated or installed.
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State – The State of California.
Submittal – Any drawing, calculation, specification, product data, samples, manuals, requests for substitutes, spare parts, photographs, survey data, traffic control plans, record drawings, bonds or similar items required to be submitted to the City under the terms of the Contract.
Traffic Engineer – The representative of the Engineer who is assigned traffic -related matters.
Work – The construction and services required by the Contract Documents, whether completed or partially completed, and includes all other labor, materials, equipment, services provided or to be provided by the Contractor to fulfill the Contractor’s obligations.
Working Day - Any calendar day except Saturdays, Sundays, and the following holidays:
New Year’s Day ................................ ........... January 1
Martin Luther King, Jr. Day ........................... 3rd Monday in January
Presidents’ Day ................................ ............ 3rd Monday in February
Memorial Day ................................ ............... Last Monday in May
Independence Day ................................ ....... July 4
Labor Day ................................ .................... 1st Monday in September
Columbus Day ................................ .............. 2nd Monday in October
Veterans’ Day ................................ ............... November 11
Thanksgiving ................................ ................ 4th Thursday in November
Friday after Thanksgiving ............................. 4th Friday in November
Christmas Day ................................ .............. December 25
If a holiday falls upon a Sunday, the following Monday shall be the day the holiday is observed, and if a holiday falls upon a Saturday, the preceding Friday shall be the day the holiday is observed.
Work Directive – A unilateral written order issued by the City directing the Contractor to continue performance of the Work or a disputed item of Work pending resolution of a claim or dispute concerning the scope of Work.
1-3 ABBREVIATIONS
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1-3.3 Institutions
The institutions listed in Section 1 -3.3 of the Standard Specific ations shall be supplemented by the list below:
Abbreviation Word or Words
AAN ................................ ................................ .................... American Association of Nurserymen AGCA ................................ ................................ ........ Associated General Contractors of America APWA ................................ ................................ ................... American Public Works Association CRSI ................................ ................................ ..................... Concrete Reinforcing Steel Institute CSI ................................ ................................ ........................ Construction Specifications Institute NEC ................................ ................................ ................................ ........... National Electric Code NFPA ................................ ................................ .................... National Fire Protection Association SSS ................................ ................................ ............ State of California Standard Specifications, Latest edition, Department of Transportation
SSP ................................ ................................ ......................... State of California Standard Plans, Latest edition, Department of Transportation
1-7 AWARD AND EXECUTION OF THE CONTRACT
1-7.2. Contract Bonds. The following paragraphs shall be added following the seventh paragraph:
The Faithful Performance Bond shall remain in force until the date of recordation of the Notice of Completion. The Labor and Materials Bond shall remain in force until expiration of the time within which the California Labor Commissioner may serve a civil wage and penalty assessment against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1741, and until the expiration of the time within which a joint labor management committee may commence an action against the principal, any of its Subcontractors, or both the principal and its Subcontractors pursuant to Labor Code Section 1771.2.
The warranty or maintenance Bond shall be valid for one year from the date of recordation of Notice of Completion by the County Recorder, in the amount of ten percent of the Contract Price.
Other than the details listed herein, the warranty or maintenance Bond shall adhere to the requirements for Bonds in Section 1 -7.2 of the Standard Specifications. Nothing herein shall abridge or amend Section 3-13.3 of the Standard Specifications or the related provisions in these Contract Documents.
All Bonds must be submitted using the required forms, which are in the Contract Documents, or on any other form approved by the City Attorney.
SECTION 2. SCOPE OF THE WORK
The provisions below shall supplement but not replace those provisions in Section 2 of the Standard Specifications, unless specifically noted below.
2-1 WORK TO BE DONE
The following paragraphs shall be added at the end of Subsection 2-1:
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and Specifications shall be remedied or removed and replaced by the Contractor in an acceptable manner at his own expense. No compensation will be allowed for any work done beyond the lines and grades shown on the Plans or established by the Engineer. Upon failure on the part of the Contractor to comply with any order of the Engineer made under the provisions of this article, the Engineer and the City may cause the defective work to be remedied or removed and replaced at the expense of the Contractor.
Any unauthorized or defective work, defective material or workmanship or any unfaithful or imperfect work that may be discovered before Final Acceptance of work by City Council shall be corrected immediately with no extra charge even though it may have been overlooked in previous inspections and estimates or may have been caused due to failure to inspect the work.
2-2 PERMITS
The following paragraphs shall be added at the end of Subsection 2-2:
Before starting any construction work, the Contractor will be required to obtain all necessary permits from the City, which may include obtaining a n encroachment permit for Work within the public right-of-way, as well as all other permits required fr om all other agencies. Should this Project require construction of trenches or excavations which are five feet or deeper and into which a person is required to descend, the Contractor shall obtain a Cal/OSHA permit and furnish the City with a copy before W ork can commence on this Project. The Contractor shall bear all cost for fees for all agencies except for the City of Manhattan Beach permit fees.
The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the work. All City of Manhattan Beach permits required for the performance of the Contract shall be issued on a “no fee” basis.
2-4 COOPERATION AND COLLATERAL WORK
The following paragraphs shall be added at the end of Subsection 2-4:
The Contractor shall be responsible for coordinating all Work with the City’s street sweeping, trash pick-up, and street maintenance contractors, emergency services departments, utility companies’ crews, and others when necessary who have the right to operate within or adjacent to the work site during the performance of such work. If necessary to avoid or minimize such damage or delay, the Contractor shall re -deploy its work force to other parts of the work. E ach contractor shall be responsible to the other for all damage to work, to persons or property caused to the other by their operations, and for loss caused to the other due to unnecessary delays or failure to finish the work within the time specified for completion.
Payment for conforming with all collateral work shall be considered, as being included in the various Contract items in the bid schedule and no additional compensation will be allowed therefor.
2-5 THE CONTRACTOR’S EQUIPMENT AND FACILITIES
The following sentence shall be added at the end of Subsection 2-5:
The use of excessively loud equipment and warning signals shall be avoided, except in those cases required for the protection of personnel.
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2-5.4 Haul Routes
Subsection 2-5.4 shall be deleted and replaced as follows:
The Contractor must obtain the Engineer’s approval before using any haul routes. Further detail requirements for haul traffic may be delineated in the Special Provisions.
2-6 CHANGES REQUESTED BY THE CONTRACTOR
2-6.1 General
The following paragraph shall be added at the end of Subsection 2-6.1:
If the Contractor alleges that instructions issued after the date of the Contract will result in increases to the Contract Price or Contract Time, if latent or unforeseen conditions require modification of the Contract Documents, or the Contractor otherwise becomes aware of the need for or desirability of a change in the Work, a Change Order Proposal (“COP”) may be submitted to the City in writing, using the forms provided herein in Subsection 2-11 of the General Provisions, and must specify the reasons for such change, including relevant circumstances and impacts on the construction schedule. The Contractor may request additional compensation and/or time through a COP but not for instances that occurred more than ten calendar days prior to the COP.
The Contractor’s failure to initiate a COP within such period shall be deemed a waiver of the right to adjustment of the Contract Price or the Contract Time for the alleged change, unless such waiver is prohibited under state law. Any COP that is approved by the City will be incorporated in a Change Order or Construction Change Directive. If the City determines that the Work in question is not a change, the City shall issue a Work Directive, ordering the Contractor to proceed with the Work without delay. If the COP is denied but the Contractor believes that it does have merit, the Contractor may submit a claim to the City.
2-7 CHANGES INITIATED BY THE AGENCY
The following paragraph shall be added at the end of Subsection 2-7:
The City reserves the right, without notice to the Surety, to increase or decrease the quantity of any item or portion of the Work described in the Contract Documents or to alter or omit portions of the Work so described, as may be deemed necessary or expedient by the Engineer, without in any way making the Contract void. Such increases, alterations or decreases of Work shall be considered and treated as though originally contracted for, and shall be subject to a ll the terms, conditions and provisions of the original Contract. The Contractor shall not claim or bring suit for damages, whether for loss of profits or otherwise, on account of any decrease, alteration or omission of any kind of Work to be done.
2-7.1 General
Add the following paragraphs at the end of Subsection 2-7.1:
The City reserves the right to make changes in the Work, including the elimination of any Bid Item, after execution of the Contract and without invalidating the Contract by:
Change Order approved by the City Council, City Manager, Public Works Director, or City Engineer (dollar value of approval authority for each as per City policy); or
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Construction Change Directive approved by the City Council, City Manager, Public Works Director, or City Engineer (dollar value of approval authority for each as per City policy).
A change that causes the total value of all changes to exceed the Contract contingency amount established at the time of award of the Contract must be approved by the City Council. No payments in excess of the original Contract Price will be made until a Change Order is approved in the normal course of business. The City may, at any time, without notice to the Contractor’s surety(ies), order changes in the Work within the general scope of the Contract. Such changes in the Work shall not relieve or release the surety(ies) of its (their) obligations under the Performance and Payment Bonds issued for the Project. Changes in the Work made pursuant to this section shall in no way release any guarantee or warranty provided by the Contractor.
The City may issue a Change Order Proposal Request (“COPR”), in writing, to the Contractor, describing a proposed change to the Work and requesting that the Contractor submit an itemized Change Order Proposal (“COP”) to the City. The Contractor shall submit the COP to the City Engineer, using the forms provided herein in Subsection 2-11 of these General Provisions, within ten calendar days after the City’s issuance of the COPR. If the Contractor fails to submit a COP within such period of time, it shall be presumed that the change described in the City’s COPR will not result in an increase to the Contract Price or Contract Time and the change shall be performed by the Contractor without such increases. A COPR does not authorize the Contractor to commence performance of the changed work. The Contractor shall not perform any change until receipt of the City’s written approval. If the City approves the Contractor’s COP, the City shall issue a Change Order.
Whenever a change is pending, the Contractor shall notify the City if it is necessary to halt other Work in the area of the change that would be affected thereby, until such time as the change is authorized.
Any change to the Contract Price shall be in a sum mutually agreed to by the Contractor and the City. When the cost for Extra Work cannot be agreed upon, the City will pay for Extra Work based on the accumulation of costs as provided for in Subsection 7-4, “Payment for Extra Work,” of the Standard Specifications and the General Provisions.
2-7.1.1 Change Order
Add Subsection 2-7.1.1 as follows:
A Change Order is a written instrument prepared by the City and signed by the City and the Contractor, stating their agreement upon all of the following:
A. The scope of the change in the Work;
B. The amount of the adjustment, if any, in the Contract Price; and
C. The extent of the adjustment, if any, in the Contract Time.
2-7.1.1.1 Accord and Satisfaction
Add Subsection 2-7.1.1.1 as follows:
The Contractor’s agreement on any Change Order shall be a full compromise and settlement of all adjustments to the Contract Time and Contract Price, and compensation for any and all delay, 12100-0001\2654178v1.doc
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extended or additional field and home office overhead, disruption, acceleration, inefficiencies, lost labor or equipment productivity, differing site conditions, construction interferences, and other extraordinary or consequential damages (hereinafter called “Impacts”), including any ripple or cumulative effect of the Impacts on the overall Work under the Contract arising directly or indirectly from the performance of Work described in the Change Order. By execution of any Change Order, the Contractor agrees that the Change Order constitutes a complete accord and satisfaction with respect to all claims for schedule extension, Impacts, or any costs of whatsoever nature, character or kind arising out of or incidental to the Change Order. No action, conduct, omission, product failure, or course of dealing by the City shall act to waive, modify, change, or alter the requirement that Change Orders must be in writing, signed by the City and the Contractor, and that such written Change Orders are the exclusive method for effectuating any change to the Contract Sum and/or Contract Time.
2-7.1.2 Construction Change Directive
Add Subsection 2-7.1.2 as follows:
A Construction Change Directive is a written order prepared and signed by the City, directing a change in the Work prior to the Contractor’s agreement on adjustment, if any, in the Contract Price or Contract Time, or both. The City may, by Construction Change Directive, without invalidating the Contract, order changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Price and Contract Time being adjusted accordingly. Upon receipt of a Construction Change Directive, the Contractor shall promptly proceed with the change in the Work involved. A Construction Change Directive shall be used in the absence of total agreement on the terms of a Change Order. The City’s form of Construction Change directive is provided in Subsection 2-11 of the General Provisions.
2-8 EXTRA WORK
Subsection 2-8 of the Standard Specifications shall be deleted and replaced as follows:
New and unforeseen work will be classified as Extra Work only when the Work is not covered and cannot be paid for under any of the various items or combination of items for which a Bid price appears on the Bid. The Contractor shall not do any Extra Work except upon written order from the Engineer.
All Extra Work shall conform to the Plans and Specifications.
The Contractor shall furnish to the Engineer each Subcontractor’s signed and detailed estimate of the cost for labor, materials, and equipment, including the markup by such Subcontractor for overhead and profit for Work added or deducted to a Subcontractor’s scope of Work. The Contractor shall furnish to the Engineer the sub-Subcontractor’s signed detailed estimate of the cost for labor, materials, and equipment, including the markup by such sub-Subcontractor for overhead and profit for Work added or deducted to a sub-Subcontractor’s scope of Work. The Contractor shall furnish to the Engineer the vendor or supplier’s signed detailed estimate or quotation of the cost to the Contractor for Work added or deducted from a vendor or suppliers scope of Work.
2-10 DISPUTED WORK
Delete Subsection 2-10 in its entirety and substitute the following:
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In the event of disputed Work, the City shall have the right to unilaterally issue a written Work Directive; and the Contractor shall continue performance pending resolution of the dispute and shall maintain cost data described in Subsection 2 -8 of the Standard Specifications and the General Provisions. The City’s form of Work Directive is provided in Subsection 2 -11 of the General Provisions. Payment shall be made for such disputed Work as is later determined by negotiation between the parties or as is fixed by a court of law.
2-11 FORMS
Add Section 2-11 to incorporate the following forms, which appear in the succeeding pages. 2-11.1 Change Order Form
2-11.2 Change Order Proposal Forms
(a) Change Order Proposal Summary Report
(b) Labor Cost Report
(c) Labor Rates Report
(d) Material Cost Report
(e) Equipment Cost Report
(f) Special Forces/Services Cost Report
2-11.3 Construction Change Directive Form
2-11.4 Work Directive Form
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CITY OF MANHATTAN BEACH
Project No. E1273-23C
CITY OF MANHATTAN BEACH
PUBLIC WORKS DEPARTMENT
Engineering Division
CONTRACT CHANGE ORDER NO. 1 (Final)
PROJECT NO.: E1273-23C
DESCRIPTION: CITYWIDE CONCRETE REPAIRS PROJECT CYCLE 2
TO: Construction Company, Inc.
You are hereby instructed to comply with the following changes from the Contract Plans and Specifications:
SUMMARY OF CHANGES
Description
(Detailed Explanation Attached)
Change in
Contract Price1
Change in
Work Days
1. $0.00
2. Adjustment in Final Bid Quantities $0.00
Net Change in Contract Price and Work Days $0.00
1Deduction or decrease in Contract Price is denoted in parentheses.
The following change is hereby made a part of the Contract Documents and shall be performed under the same terms and conditions as required by the original Contract Documents. Except as modified herein, the original Contra ct Documents and all prior amendments shall remain in full force and effect and all of the terms of the Contract Documents are hereby incorporated in this Change Order.
SUMMARY OF ALL CHANGE ORDERS
ORIGINAL CONTRACT AMOUNT .............................. $000,000.00 CCO1 (FINAL) ................................ ................................ ........ $0.00 TOTAL ................................ ................................ ........ $000,000.00
SUMMARY OF WORKING DAYS
FIRST DAY OF WORK: ................................ ........................... Date CONTRACT WORKING DAYS ................................ ..................... X TIME EXTENSION: CCO 1 (Final) ................................ .............. Y NEW TOTAL WORKING DAYS:................................ ............... X+Y LAST DAY OF WORK ................................ ..................... New Date
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CITY OF MANHATTAN BEACH
Project No. E1273-23C
CHANGE ORDER DETAIL
Change Order No.: 1 (Final)
Project No.: E1273-23C
Description: CITYWIDE CONCRETE REPAIRS PROJECT CYCLE 2
The changes or interpretations described and noted herein are hereby authorized. The signed original of this order is on file in the Department of Public Works. Shown as separate paragraphs:
(A) Reason for Change; (B) Description of Change; (C) Change in Contract Costs; and (D) Change in Completion Date.
Item No. 1:
A. Reason for Change:
Due to conditions encountered during construction, modifications to the amount of Work were determined to be appropriate, and the changes were addressed by means of adjusting applicable contract quantities, as outlined below.
B. Description of Change:
ITEM DESCRIPTION UNIT UNIT
PRICE
BID OR
CURRENT
APPROVED
QTY
FINAL
QTY
CHANGE CHANGE
IN COST1
New Item 0 0 0 0.00
1Deduction or decrease in Contract Price is denoted in parentheses.
C. Change in Contract Cost:
Add $0.00
D. Change in Completion Date:
Add Y Working Days
Item No. 2:
A. Reason for Change:
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B. Description of Change:
CITY OF MANHATTAN BEACH
Project No. E1273-23C
ITEM DESCRIPTION UNIT UNIT
PRICE
BID OR
CURRENT
APPROVED
QTY
FINAL
QTY
CHANGE CHANGE
IN COST1
New Item 0 0 0 0.00
1Deduction or decrease in Contract Price is denoted in parentheses.
C. Change in Contract Cost:
Add $0.00
D. Change in Completion Date:
No Change.
SIGNATURE PAGE TO FOLLOW:
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CITY OF MANHATTAN BEACH
Project No. E1273-23C
The original Contract Price was ($0.00). Contract Change Order No. 1 (Final) increased the Contract Price by ($0.00). The new Contract Price will be $00/100, resulting in an increase of approximately 0.00% to the original Contract.
The original Contract Time of X Working Days was extended by Y Working Days per Change Order No. 1 (Final). The last contract Working Day is new Date.
Ordered:
Public Works Director
Date:
Concurred by:
City Engineer
Date:
Concurred by:
Project Manager
Date:
Acceptance by the Contractor:
This Change Order is in full compromise and settlement of all adjustments to Contract Time and Contract Price, and compensation for any and all delay, extended or additional field and home office overhead, disruption, acceleration, inefficiencies, lost labor or equipment productivity, differing site conditions, construction interferences and other extraordinary or consequential damages (hereinafter called “Impacts”), including any ripple or cumulative effect of these Impacts on the overall Work under the Contract arising directly or indirectly from the performance of Work described in this Change Order. By execution of this Change Order, the Contractor agrees that this Change Order constitutes a complete accord and satisfaction with respect to all claims for schedule extension, Impacts, or any costs of any nature, character or kind arising out of or incidental to this Change Order.
Name: Date:
Title:
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CITY OF MANHATTAN BEACH
Project No. E1273-23C
CHANGE ORDER PROPOSAL FORM
2-11.2(a) CONTRACT CHANGE ORDER PROPOSAL SUMMARY REPORT
General Contractor AMOUNT
1. Labor Cost ................................ ................................ ................................ ...... $
2. Material Cost ................................ ................................ ................................ ... $
3. Equipment Cost ................................ ................................ .............................. $
4. Special Forces/Services ................................ ................................ .................. $
Subtotal Contractor Cost• ................................ ................................ ........................... $
5. Subcontractor/Sub-Subcontractor Name
Labor Cost ................................ ........ $
Material Cost ................................ ..... $
Equipment Cost ................................ $
Subtotal Subcontractor/Sub-Subcontractor Cost
6. Subcontractor/Sub-Subcontractor Name
Labor Cost ................................ ........ $
Material Cost ................................ ..... $
Equipment Cost ................................ $
Subtotal Subcontractor/Sub-Subcontractor Cost ................................ ......................... $
TOTAL CONTRACT CHANGE ORDER COSTS ................................ ........................ $ Date
CCO Proposal No. Contractor
Item No. Location
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CITY OF MANHATTAN BEACH
Project No. E1273-23C
CHANGE ORDER PROPOSAL FORM
2-11.2(b) LABOR COST REPORT Date
CLASSIFICATION AND NAME
HOURS
HOURLY
RATE
EXTENDED
AMOUNTS
Classification:
Name:
OT
REG
$
$
$
$
Classification:
Name:
OT
REG
$
$
$
$
Classification:
Name:
OT
REG
$
$
$
$
Classification:
Name:
OT
REG
$
$
$
$
Classification:
Name:
OT
REG
$
$
$
$
Classification:
Name:
OT
REG
$
$
$
$
TOTAL LABOR $
Overhead/profit 20%................................ ................................ ................................ $
Total labor/overhead/profit ................................ ................................ ....................... $
Subcontractor’s mark-up of total Sub-Subcontractor
labor/overhead/profit (if applicable) 5% ................................ ................................ .... $
General contractor’s mark-up of total Subcontractor
or Sub-Subcontractor labor/overhead/profit (if applicable) 5% ................................ . $
Total ................................ ................................ ................................ ........................ $ Date
CCO Proposal No. Contractor or Subcontractor
Item No. Location
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CITY OF MANHATTAN BEACH
Project No. E1273-23C
CHANGE ORDER PROPOSAL FORM
2-11.2(c) LABOR RATES REPORT Date
CLASSIFICATION:
TAXABLE BASE: AMOUNT
Base Hourly Pay $
Vacation $
TOTAL TAXABLE BASE $
TAXES & INSURANCE PERCENT AMOUNT
Social Security Tax $
State Unemployment Tax $
Federal Unemployment Tax $
Workmen’s Compensation $
Liability & Umbrella Insurance $
TOTAL TAXES & INSURANCE $
FRINGE BENEFITS AMOUNT
Pension $
Health & Welfare $
Training $
Other Fringe Benefits $
TOTAL FRINGE BENEFITS $
AMOUNT $
Date
CCO Proposal No. Contractor or Subcontractor
Item No. Location
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CITY OF MANHATTAN BEACH
Project No. E1273-23C
CHANGE ORDER PROPOSAL FORM
2-11.2(d) MATERIAL COST REPORT
INVOICE
NO.
DESCRIPTION
AMOUNT
1. Material $
Sales Tax (Prevailing Tax Rate) 9.50% $
Subtotal $
2. Material $
Sales Tax (Prevailing Tax Rate) 9.50% $
Subtotal $
3. Material $
Sales Tax (Prevailing Tax Rate) 9.50% $
Subtotal $
SUBTOTAL MATERIAL COST $
NOTE: An itemized list of materials, manufacturers, serial numbers, invoices, and other pertinent date shall be submitted along with the material cost report.
Overhead/profit 15%................................ ................................ ................................ $
Total material/overhead/profit ................................ ................................ .................. $
Subcontractor’s mark-up of total Sub-Subcontractor
material/overhead/profit (if applicable) 5% ................................ ............................... $
General contractor’s mark-up of total Subcontractor
or Sub-Subcontractor labor/overhead/profit (if applicable) 5% ................................ . $
Total ................................ ................................ ................................ ........................ $ Date
CCO Proposal No. Contractor or Subcontractor
Item No. Location
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CITY OF MANHATTAN BEACH
Project No. E1273-23C
CHANGE ORDER PROPOSAL FORM
2-11.2(e) EQUIPMENT COST REPORT
EQUIPMENT NO.
(Description, Type, Size)
HOURS
HOURLY RATE
EXTENDED
AMOUNTS
SUBTOTAL EQUIPMENT COST $
Overhead/profit 15%................................ ................................ ................................ $
Total equipment/overhead/profit ................................ ................................ .............. $
Subcontractor’s mark-up of total Sub-Subcontractor
equipment/overhead/profit (if applicable) 5% ................................ ........................... $
General contractor’s mark-up of total Subcontractor
or Sub-Subcontractor equipment/overhead/profit (if applicable) 5% ......................... $
Total ................................ ................................ ................................ ........................ $ Date
CCO Proposal No. Contractor or Subcontractor
Item No. Location
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CITY OF MANHATTAN BEACH
Project No. E1273-23C
CHANGE ORDER PROPOSAL FORM
2-11.2 (f) SPECIAL FORCES/SERVICES COST REPORT
INVOICE
NO.
DESCRIPTION
AMOUNT
1. $
$
Subtotal $
2. $
$
Subtotal $
3. $
$
Subtotal $
SUBTOTAL MATERIAL COST $
NOTE: An itemized list of materials, manufacturers, serial numbers, invoices, and other pertinent date shall be submitted along with the special forces/services cost report.
Overhead/profit 15%................................ ................................ ................................ $
Total Special Forces/Services/Overhead/Profit ................................ ................... $ Date
CCO Proposal No. Contractor or Subcontractor
Item No. Location
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CITY OF MANHATTAN BEACH
Project No. E1273-23C
2-11.3 CONSTRUCTION CHANGE DIRECTIVE
Distribution to: CITY CONTRACTOR OTHER PROJECT MANAGER
PROJECT: DIRECTIVE NO.:
DATE:
CONTRACT DATE:
TO CONTRACTOR: CONTRACT FOR:
You are hereby directed to make the following change(s) to this Contract:
PROPOSED ADJUSTMENTS
1. The proposed basis of adjustment to the Contract Price is:
[ ] Lump Sum (increase) (decrease) of $
[ ] Unit Price of $ per
[ ] Daily time and materials records of actual costs plus an overhead and profit, as provided in Subsection 2 -8, “Extra Work,” the Standard Specifications and the General Provisions, [subject to a Not-To-Exceed Amount of $ ].\ [ ] as follows:
2. The Contract Time is proposed to (be adjusted) (remain unchanged). The proposed adjustment, if any, is (an increase of days) (a decrease of days).
If the Contractor disagrees with the proposed adjustments, it must submit its own proposal within ten days of the date of this Construction Change Directive pursuant to Contract Documents or the proposed adjustment will become final and binding on the Contractor.
When signed by the City and received by the Contractor, this document becomes effective IMMEDIATELY as a Construction Change Directive (CCD), and the Contractor shall proceed with the change(s) described above.
Ordered:
Public Works Director
Date:
Concurred by:
City Engineer
Date:
Concurred by:
Project Manager
Date:
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CITY OF MANHATTAN BEACH
Project No. E1273-23C
2-11.4 WORK DIRECTIVE
Distribution to: CITY CONTRACTOR FIELD OTHER PROJECT MANAGER
PROJECT: WORK DIRECTIVE NO.:
DATE:
CONTRACT DATE:
TO CONTRACTOR: CONTRACT FOR:
You are hereby directed to continue performance of the following Work, without delay, pending resolution of the dispute concerning such Work and maintain the cost data described in Subsection 2-8, “Extra Work,” of the Standard Specifications and the General Provisions to the Contract for the performance of such Work:
Neither the issuance of this Work Directive nor the requirement for the Contractor to maintain cost data constitutes approval by the City of a change in the Work or modification of the Contract Documents.
Ordered:
Public Works Director
Date:
Concurred by:
City Engineer
Date:
Concurred by:
Project Manager
Date:
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SECTION 3. CONTROL OF THE WORK
The provisions below shall supplement but not replace those provisions in Section 3 of the Standard Specifications, unless specifically noted below.
3-1 ASSIGNMENT
Any purported assignment without written consent of the City shall be null, void, and of no effect, and the Contractor shall hold harmless, defend and indemnify the City and its officers, officials, employees, agents and representatives with respect to any claim, demand or action arising from or relating to any unauthorized assignment.
If the City opts to consent to assignment, the City’s consent shall be contingent upon: (1) a letter from the Surety agreeing to the assignment and assigning all of the Bonds to the assignee without any reduction, or the assignee supplying all new Bonds in the amounts originally required under the Contract Documents; and (2) the assignee supplying all of the required insurance in the amounts required in the Contract Documents. Until the Surety assigns all of the Bonds or the assignee supplies all of the new Bonds, and until the assignee supplies all of the required insurance, an assignment otherwise consented to in writing by the City shall not be effective. Even if the City consents to assignment, no assignment shall relieve the Contractor of liability under the Contract.
3-3 SUBCONTRACTORS
Add the following subsections:
3-3.1 Subcontractors.
Subcontractors shall be listed by the Bidder in accordance with these specifications and must be properly licensed under the laws of the State of California for the type of work which they are to perform. Copies of all Subcontracts shall be made available to the Engineer, upon request.
3-3.2 A Subcontractor whose prosecution of the work is not satisfactory shall be terminated immediately by the Contractor upon the receipt of a written notice by the Engineer. Subcontractors whose work was determined to be unsatisfactory shall not be allowed to perform any work on the job site.
3-5 INSPECTION
The Contractor shall arrange and pay for all off -site inspection of the Work required by any ordinance or governing authorities. The Contractor shall also arrange and pay for other inspections, including tests in connection therewith, as may be assigned or required.
Add the following subsection:
3-5.1 Inspection
An inspector shall in no case act as foreman or perform other duties for the Contractor, nor interfere with the Contractor’s management of the Work. Any advice which an inspector may give the Contractor shall not be binding to the Engineer or to the City, or release the Contractor from fulfilling all the terms of the Contract.
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or the City with respect to the work prior to final completion and acceptance thereof shall affect or prejudice the right of the Engineer or the City to reject any defective work or material or to require the complete fulfillment of all the provisions of the Contract.
If the Engineer deems it expedient and not in the best interest of the City to correct work injured or done not in accordance with the Contract, the defective work may be accepted subject to an equitable deduction from the Contract Price which may be made therefor by the City upon certification from the Engineer.
Reexamination of any work may be ordered by the Engineer at any time prior to Final Acceptance and, if so ordered, the work must be uncovered by the Contractor. If such work be found in accordance with the Contract, the City will pay the cost of reexamination and replacement. If such work be found defective or not in accordance with the C ontract, the Contractor shall pay such costs.
3-7 CONTRACT DOCUMENTS
3-7.1 General
All final locations determined in the field, and any deviations from the Plans and Specifications, shall be marked in red on the control set to show the as-built conditions. This control set of Plans shall also be edited for all Addenda, Requests for Information, Change Orders, field changes not involving cost, and any other variation that occurred during construction. Upon completion of all Work, the Contractor shall return the control set to the Engineer. Final payment will not be made until this requirement is met.
Where a work feature is shown on the drawings or identified in the Specifications but is not specifically indicated as an item in the Bid Schedule, and there is no ambiguity regarding the requirement to construct, install, or construct and install that work feature, the Contractor is required to complete the work feature. All costs to the Contractor for constructing, installing, or both constructing and installing such a work feature shall be included in the Bid.
3-7.2 Precedence of the Contract Documents
The following shall replace Section 3-7.2:
With regard to Section 3 -7.2 in the Standard Specifications, the Special Provisions shall control over the General Provisions, and the Notice Inviting Bids and Instructions to Bidders (in that order) shall control over the Bid, such that the order of precedence shall be as follows:
1. Requirements of law.
2. Permits issued by regulatory agencies with jurisdiction.
3. Change Orders and Supplemental Agreements, whichever occurs last.
4. Contract.
5. Addenda.
6. Notice Inviting Bids.
7. Instructions to Bidders.
8. Bid/Proposal.
9. Special Provisions.
10. General Provisions.
11. Plans.
12. Standard Plans.
13. Standard Specifications.
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14. Reference Specifications.
3-8 SUBMITTALS.
3-8.1 General
The following paragraphs shall be added at the end of Subsection 3-8.1:
The Contractor shall, at its own expense, transmit to the Engineer for review and acceptance, working drawings, shop drawings, supporting information, and/or other available instructive and descriptive information from the manufacturer, when and as required by the Plans or General Provisions or requested by the Engineer. Shop drawings will not be required for standard items in common use for which adequa te manufacturers’ literature is available unless otherwise required by the Engineer.
The Contractor shall consecutively number, thoroughly check, approve and sign each submittal and transmit the submittals to the Engineer for review. In the event that certain submittals are submitted without the Contractor’s approval signature or are unacceptable to the City, they shall be rejected by the Engineer. The Contractor shall thereafter correct the submittals and resubmit.
In the event that in the process of development of the submittals it is discovered that there are defects and/or errors on the Plans that result in conflict between the Plans and the submittals, or if the submittals show variation from the Plans or other Contract Documents, the Contractor shall thoroughly describe and explain any defects and/or conflicts in its transmittal letter to the Engineer.
The Engineer’s review of the submittals will be for general design and arrangement only, and shall not relieve the Contractor from responsibility for errors of any sort in the submittals or of the responsibility for executing the work in accordance with the Contract Documents. The Contractor shall allow a minimum of 20 Working Days for review of submittals. The Contractor shall be solely responsible for the correctness of the submittals, for shop fits and field connections, and for the results obtained by use of such submittals. The Contractor shall verify and be fully responsible for all dimensions and job-site conditions affecting the Work and shall be responsible for furnishing and installing the proper materials required by the Contract Documents.
The Contract Time will not be extended due to the failure of the Contractor to provide submittals as required by the Contract Documents in a timely manner.
3-9 SUBSURFACE DATA
The following paragraphs shall be added at the end of Subsection 3-9:
If the City or its consultants have made investigations of subsurface conditions in areas where the Work is to be performed, such investigations shall be deemed made only for the purpose of study and design. If a geotechnical or other report has been prepared for the Project, the Contractor may inspect the records pertaining to such investigations subject to and upon the conditions hereinafter set forth. The inspection of the records shall be made in the office of the Engineer. It is the Contractor’s sole responsibility to determine whether such investigations exist, and the City makes no affirmative or negative representation concerning the existence of such investigations. 12100-0001\2654178v1.doc
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The records of any such investigations are made available solely for the convenience of the Contractor. It is expressly understood and agreed that the City, the Engineer, their agents, consultants or employees assume no responsibility whatsoever with respect to the sufficiency or accuracy of any investigations, the records thereof, and the interpretations set forth therein. No warranty or guarantee is expressed or implied that the conditions indicated by any such investigations or records are representative of those existing in the Project area. The Contractor agrees to make such independent investigations and examination as necessary to be satisfied of the conditions to be encountered in the performance of the Work.
The Contractor represents that it has studied the Plans, Specifications and other Contract Documents, and all surveys and investigation reports of subsurface and latent physical conditions, has made such additional surveys and investigations as necessary f or the performance of the Work at the Contract Price in accordance with the requirements of the Contract Documents, and that it has correlated the results of all such data with the requirements of the Contract Documents.
No claim of any kind shall be made or allowed for any error, omission or claimed error or omission, in whole or in part, of any geotechnical exploration or any other report or data furnished or not furnished by the City.
3-10 SURVEYING
The following paragraph shall be added before the first paragraph of Section 3-10.1:
The Contractor shall verify all dimensions on the drawings and shall report to the City any discrepancies before proceeding with related Work. The Contractor shall perform all survey and layout Work per the benchmark information on the Project Plans. All surveying Work must conform to the Professional Land Surveyors’ Act (Business and Professions Code Section 8700 et seq ). All Project surveying notes and “cut -sheets” are to be provided to the City after the completion of each surveying activity and all final surveying notes shall be provided before final payment to the Contractor.
The Contractor is responsible for hiring a Surveyor to set survey points to be used for re - establishments of disturbed monuments and submit Corner Records to the County Surveyor.
Copy of the submitted Corner Records must be provided to the City prior to actual disturbance of the monuments. The Contractor shall also cause all disturbed survey monuments within the project work area to be re-established at the end of the project. This also includes filing Corner Records and Record of Survey with the County Surveyor within 7 days of substantial completion of the construction work and submitting a copy to the City of the filed paperwork receipt within 2 days of submission. The Contractor is required to provide a copy of the County Surveyor’s acceptance within 2 days of receipt from the County Surveyor.
Construction stakes shall be set and stationed by the Contractor at its expense. Unless otherwise indicated in the Special Provisions, surveying costs shall be included in the price of items bid. No separate payment will be made. Re-staking and replacement of construction survey markers damaged as a result of the Work, vandalism, or accident shall be at the Contractor’s expense.
3-11 CONTRACT INFORMATION SIGNS
Section 3 -11 of the Standard Specifications shall not be incorporated, and shall instead be replaced with the following:
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The names, addresses and specialties of the Contractor, Subcontractors, architects or engineers may not be displayed on any signage within the public right -of-way. This signage prohibition includes advertising banners hung from truck beds or other equipment.
3-12 WORKSITE MAINTENANCE
The following paragraphs shall be added at the end of Section 3-12.1:
Clean-up shall be done as Work progresses at the end of each day and thoroughly before weekends. The Contractor shall not allow the Work site to become littered with trash and waste material, but shall maintain the same in a neat and orderly condition throughout the construction operation, including suspension of work, and until the final acceptance . Materials which need to be disposed shall not be stored at the Project site, but shall be removed by the end of each Working Day. Failure of the Contractor to comply with the Engineer's clean up orders may result in an order to suspend work until the condition is corrected. No additional compensation will be allowed as a result of such suspension. If the job site is not cleaned to the satisfaction of the Engineer, the cleaning will be done or contracted by the City and shall be back-charged to the Contractor and deducted from the Contract Price.
The Contractor shall make its own arrangements for storing its equipment and materials for any necessary off -site storage or shop areas necessary for the proper execution of the Work.
Approved areas within Work site may be used for temporary storage; however, the Contractor shall be responsible for obtaining any necessary permits from the City. In any case, the Contractor’s equipment and personal vehicles of the Contractor’s employees shall not be parked on the traveled way or on any section where traffic is restricted at any time.
The Contractor shall deliver, handle, and store products in accordance with the manufacturer’s written recommendations and by methods and means that will prevent damage, deterioration, and loss including theft. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned. Delivery schedules shall be controlled to minimize long-term storage of products at the Project site and overcrowding of construction spaces. In particular, the Contractor shall provide delivery and installation coordination to ensure minimum holding or storage times for products recognized to be flammable, hazardous, easily damaged, or sensitive to deterioration, theft, and other sources of loss.
Storage shall be arranged to provide access for inspection. The Contractor shall periodically inspect to ensure products are undamaged and are maintained under required conditions.
The Contractor shall promptly remove from the vicinity of the completed Work, all rubbish, debris, unused materials, lumber, concrete forms, construction equipment, and temporary structures and facilities used during construction. Excess excavated material from catch basins or similar structures shall be removed from the site immediately. Sufficient material may remain for use as backfill if permitted by the Specifications or Engineer. Before final inspection of the work, the Contractor shall clean the right of way, private property, material sites, and all ground occupied by the Contractor in connection with the work of all rubbish, weeds, unwanted plants/trees, excess and unused materials, falsework, temporary structures, and equipment. All parts of the work shall be left in a neat and presentable condition. Final Acceptance of the Work by the City will be withheld until the Contractor has satisfactorily complied with the foregoing requirements for final clean-up of the Project site.
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All costs associated with the clean -up and storage required to complete the Project shall be the sole responsibility of the Contractor. Full compensation for collecting and disposing of loose material and debris from the job site shall be considered as included in the contract prices paid for the various items of work involved and no additional compensation will be allowed therefor.
Pursuant to the provisions of this section and Section 5-7 of the Standard Specifications and these General Provisions, the Contractor is responsible for Project site maintenance and for public convenience and safety. Payment for compliance with these provisions is considered as included in the prices bid for other contract items.
The City, however, to maintain good public relations, may deem it necessary to require special Project site maintenance, and public convenience and safety actions and work to be performed by the Contractor that are over and above those required by the provisions of Section 3-12 and Section 5-7 of the Standard Specifications and these General Provisions.
These actions and work shall be as directed by the Engineer in writing and payment for compliance therewith shall be on a cost plus basis for extra work per Section 7-4 of the Standard Specifications and applied against the not -to-exceed bid item for “Special Project Site Maintenance and Public Convenience and Safety.”
The first sentence of Section 3-12.4.2 shall not be incorporated, and shall instead be replaced with the following:
Construction materials and equipment shall not be stored in streets, roads, or highways unless otherwise specified in the Special Provisions or approved by the Engineer.
3-12.2 Air Pollution Control
The following paragraphs shall be added at the end of Section 3-12.2:
Dust control shall be performed in accordance with South Coast Air Quality Management District (SCAQMD) Rule 403, and this subsection.
Dust resulting from the Contractor’s performance of the work, either inside or outside the right -of- way, shall be controlled by the Contractor. Dust control includes the action necessary to prevent, reduce or control dust within the work area as required to complete the work. The Contractor shall carry out proper and efficient measures to prevent its operations from producing dust in amounts damaging to property or causing a nuisance, or harm to persons living nearby or occupying buildings in the vicinity of the work. The Contractor shall control dust 24 hours a day, seven days a week. The methods to be used for controlling dust in the construction area and along haul roads shall be approved by the Engineer prior to starting any work. The Rule 403 Implementation Handbook published by the SCAQMD, contains a detailed listing of reasonably available dust control measures.
Dust or dirt accumulations generated by the Contractor’s operations shall be cleaned and removed by the Contractor from all areas as designated by the Engineer. Areas to be cleaned shall include, but not be limited to swimming pools, interiors of any structures including residences and places of business, exteriors of any structures including roofs, patios, driveways, and any othe r areas as required. Where necessary, the Contractor shall retain a professional cleaning service for the cleaning of swimming pools, and the interior and exterior of structures. The cost for cleaning and removal of dust or dirt shall be at the Contractor’s expense and no additional compensation will be 12100-0001\2654178v1.doc
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made therefor.
Water for use in dust control shall, at the option of the Contractor, be potable or non-potable. Non- potable water shall consist of reclaimed waste water or non -potable water developed from other sources.
Unless otherwise permitted by the Engineer or unless all the water is applied by means of pipe lines, at least one mobile unit with a minimum capacity of 3700 L (1,000 gallons) shall be available for applying water on the project at all times.
Chemical additives or binder may be used in water for compaction or dust palliative. If such additives are used, furnishing and applying the additives shall be at the Contractor’s expense.
The right is reserved by the Engineer to prohibit the use of a particular type of additive, to designate the locations where a particular type of additive may not be used, or to limit the amount of a particular type of additive to be used at certain locations, all if the Engineer has reasonable ground for believing that such use will in any way be detrimental. The additive or binder shall be either miscible in water or be some form of material that is directly applied to the surface without mixing with water.
Additives or binders that are miscible in water shall be either a resin emulsion, an SS1 type asphaltic emulsion, materials composed essentially of lignin sulfonate, or any other binder that is miscible in water in the proportions provided herein is non-corrosive, and is effective as a dust palliative.
Resin emulsion shall be composed of from 57 percent (57%) to 63 percent (63%) of semi -liquid petroleum resin and the remainder water to which a suitable emulsifying agent has been added.
The resin emulsion shall be readily miscible with water and when diluted with any hard water in the proportions of one part of emulsion to 10 parts water shall show no signs of breakdown or separation of the petroleum resin base. Resin emulsion, which has been stored in closed containers at temperatures above freezing for a perio d up to 3 months, shall show no signs of separation. Any resin emulsion which has been stored for more than 3 months shall not be used until tested and approved.
SS1 type asphaltic emulsion shall conform to the provisions in Subsection 203 -3, "Emulsified Asphalt."
Additives or binders that are miscible in water shall be mixed with additional water at the rate of from 4 to 19 parts of water to one part of binder, the exact rate to be determined by the Engineer.
Mixing shall be accomplished by placing the binder and water in the spreading equipment simultaneously or by some other mixing method that will produce equivalent results.
The resulting mixture shall be applied with pressure type water distributor trucks equipped with a spray system or pressure type asphalt distributors at an approximate rate of from 0.9 - to 3.6 L/m2 (0.2 to 0.8 gallons per square yard).
Additives or binders that are directly applied to the surface without mixing with water shall be applied with equipment approved by the Engineer. The binder shall be applied at a rate of from 0.4- to 1.1 L/m2 (0.10 to 0.25 gallons per square yard).
The exact rate and number of applications of binders will be determined by the Engineer.
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Dust control ordered by the Engineer to be applied on Saturda ys, Sundays or holidays will be included in the Contract price for dust control and no additional compensation will be allowed therefor. No adjustment of compensation will be made for any increase or decrease in the quantity of dust control required, regardless of the reason for such increase or decrease.
Full compensation for all direct and indirect costs incurred for work performed or materials used to control dust resulting from the Contractor’s performance of the work and caused by public traffic, either inside or outside the right of way shall be considered as included in the Contract prices paid for the various items of work involved and no additional compensation will be allowed therefor.
3-12.4 .2 Storage in Public Streets
The first sentence of Section 3-12.4.2 shall not be incorporated, and shall instead be replaced with the following:
Construction materials and equipment shall not be stored in streets, roads, or highways unless otherwise specified in the Special Provisions or approved by the Engineer.
3-12.6 Water Pollution Control
The following paragraphs shall be added at the end of Section 3-12.6:
If the Contractor uses reclaimed waste water in the work, the sources and discharge of reclaimed waste water shall meet the California Depar tment of Health Services Water Reclamation Criteria and the Regional Water Quality Control Board requirements. The Contractor shall obtain either a waste water discharge permit or a waiver from the Regional Water Quality Control Board. Copies of permits or waivers from the Regional Water Quality Control Board shall be delivered to the engineer before using reclaimed waste water in the work.
Water shall be applied in the amounts, at the locations, and for the purposes designated in the Special Provision and these Specifications, and as ordered by the Engineer.
Water for compacting embankment material, sub-base, base and surfacing material, and for laying dust, shall be applied by means of pressure -type distributors or pipe lines equipped with a spray system or hoses with nozzles that will ensure a uniform application of water. All equipment used for the application of water shall be equipped with a positive means of shut-off.
The following paragraphs shall be added at the end of Section 3-12.6.1:
The Contractor shall provide to the City its Water Pollution Control Plan (WPCP) both in hardcopy and pdf format, for review by the City Engineer.
Full compensation for preparation, administration, and all other work related to required fees, construction and all other related costs shall be considered as included in the bid for Stormwater Control, BMPs, NPDES Compliance, and Permit.
Replace Subsection 3-12.6.2 with the following:
Best Management Practices shall be defined as any program, technology, process, siting criteria, operating method, measure, or device which controls, prevents, removes, or reduces pollution. The Contractor shall obtain and refer to the California Stormwater Quality Association’s: Stormwater Best Management Practice Handbook Portal: Construction . The publication is available from 12100-0001\2654178v1.doc
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CASQA.
The Contractor shall have a minimum of two (2) readily accessible copies of the handbook on the Work site at all times. T he Contractor shall implement BMPs appropriate for each construction operation in accordance with the recommendations provided in the handbook.
Additional BMPs may be required as a result of a change in actual field conditions, contractor activities, or construction operations. When more than one BMP is listed under each specific BMP category, the Contractor shall select the appropriate and necessary number of BMPs within each category in order to achieve the BMP objective.
BMPs for contractor activities shall be continuously implemented throughout the year. BMPs for erosion control and sedimentation shall be implemented during the period from October 15 to April 15, and whenever the National Weather Service predicts rain within 24 hours. BMPs for erosion control and sedimentation shall also be implemented prior to the commencement of any contractor activity or construction operation that may produce run-off, and whenever run-off from other sources may occur.
The City, as a permittee, is subject to enforc ement actions by the State Water Resources Control Board, the Environmental Protection Agency and private citizens. The City may assess the Contractor a penalty of $1,000 for each calendar day that the Contractor has not fully implemented the appropriate BMPs and/or is otherwise in noncompliance with these provisions. In addition, the City will deduct, from the final payment due the Contractor, the total amount of any fines levied on the City, plus legal and staff costs, as a result of the Contractor’s lack of compliance with these provisions and/or less than complete implementation of the appropriate BMPs.
Full compensation for the implementation of BMPs, including the construction, removal, and the furnishing of all necessary labor, equipment, and materials, shall be considered as included in the price bid for Mobilization.
The Contractor must submit the initial WPCP document (2 hard copies and one pdf copy) to the City no later than fifteen (15) working days following the approval by the City Council of the Contract.
The City will review the WPCP within seven (7) calendar da ys. Should revisions be required, the Contractor shall again submit 2 hard copies and one pdf copy of the revised WPCP. The City may take up to three (3) working days to re-review each revision.
If, during construction operations, field conditions change in a manner which, in the opinion of the Engineer, significantly deviates from how the WPCP, as approved by the City, addressed the current construction operation, the Engineer may direct the Contractor to revise the current construction operation and/or the WPCP. Such directions will be made in writing and will specify the items of work for which the WPCP is inadequate. No further work on these items will be permitted until the Contractor revises the construction operations to the satisfaction of the Engineer and/or until the Contractor submits a revised WPCP and receives City approval. The Engineer will notify the Contractor of the acceptance or rejection of the revised WPCP within seven (7) working days from the date of submittal.
Full compensation for preparation of the WPCP, all revisions to the WPCP, and all other related costs shall be considered as included in the bid price for Mobilization.
3-13 COMPLETION, ACCEPTANCE AND WARRANTY
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from the Notice to Proceed, as stated in the Contract. The Contractor shall not be allowed to begin any construction activity at the site before the issuance of the Notice to Proceed. Between the period of the Notice of Award and Notice to Proceed, the Contractor shall process Shop Drawings and begin procuring equipment and materials.
3-13.2 Acceptance
The Project will not be considered complete and ready for City Council direction to staff regarding recordation of the Notice of Completion until all Work required by the Contract Documents has been fully completed in compliance with the Contract Documents and all Applicable Laws including, but not limited to, correction or completion of all pu nch list items, the Work site is cleaned up in accordance with Section 3 -12 of the Standard Specifications, the General Provisions, and the Special Provisions, and all of the following items have been received by the Engineer:
1. A form of Notice of Completion, with all information required by the California Civil Code;
2. All written guarantees, warranties, and special warranties if applicable;
3. All “as-builts” and record drawings;
4. Duly completed and executed forms of Conditional Waiver and Release On Final Payment from the Contractor, Subcontractors of any tier, suppliers, and other person eligible to file stop notices in connection with the Work; and
5. Duplicate copies of all operating instructions and manufacturer’s operating catalogs and data, together with such field instructions as necessary to fully instruct City personnel in correct operation and maintenance procedures for all equipment installed listed under the electrical, air conditioning, heating, ventilating and other trades. This data and instructions shall be furnished for all equipment requiring periodic adjustments, maintenance or other operation procedures.
The Contractor shall allow at least seven Working Days’ notice for final inspection. Such notice shall be submitted to the Engineer in writing.
3-13.3 Warranty
For the purposes of the calculation of the start of the warranty period, the Work shall be deemed to be completed upon the date of recordation of the Notice of Completion. If that direction is contingent on the completion of any items remaining on a punchlist, the Work shall be deemed to be completed upon the date of the Engineer’s acceptance of the final item(s) on that punchlist.
The Contractor shall repair or replace defective materials and workmanship as required in Section 3-13.3 of the Standard Specification at its own expense. Additionally, the Contractor agrees to defend, indemnify and hold the City harmless from claims of any kind arising from damage, injury or death due to such defects.
The parties agree that no certificate given shall be conclusive evidence of the faithful performance of the Contract, either in whole or in part, and that no payment shall be construed to be in acceptance of any defective Work or improper materials. Further, the certificate or final payment shall not terminate the Contractor’s obligations under the warranty herein. The Contractor agrees that payment of the amount due under the Contract and the adjustments and payments due for any Work done in accordance with any alterations of t he same, shall release the City, the City 12100-0001\2654178v1.doc
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Council and its officers and employees from any and all claims or liability on account of Work performed under the Contract or any alteration thereof.
SECTION 4. CONTROL OF MATERIALS
The provisions below shall su pplement but not replace those provisions in Section 4 of the Standard Specifications, unless specifically noted below.
4-1 GENERAL
The first paragraph of Section 4-1 is replaced with the following:
Wherever applicable, materials shall conform to the latest Standards of the American Society for Testing Materials. All workmanship in the fabrication, assembly and construction of materials and equipment shall be neat and workmanlike in every respect. All equipment offered shall be of the manufacturer’s latest design.
The Contractor and all Subcontractors, suppliers, and vendors shall guarantee that the Work will meet all requirements of this Contract as to the quality of materials, equipment, and workmanship.
4-1.1 Property Rights in Materials
Nothing in the Contract shall be construed as vesting in the Contractor any right, title, or interest in material used in the Work after it has been attached or affixed to the Work or the soil. All such material shall become the property of the City upon being so attached or affixed.
4-2 PROTECTION
Add the following at the end of Subsection 4-2:
Materials shall not be stored in the right-of-way unless written permission is given by the Engineer.
4-4 TESTING
Delete Subsection 4-4 in its entirety and substitute the following:
Unless otherwise called for in the Special or General Provisions, all testing of materials will be performed by the City in such number and at such locations as deemed necessary by the Engineer to ensure compliance with the Contract Documents. The cost of all testing that can be performed within 50 miles of the Project will be borne by the City. The cost of all testing that must be performed 50 miles or more from the Project will be borne by the Contractor. The cost of all re- testing will be borne by the Contractor, and the amount due the City for the re -testing will be deducted from the Contract Price via Change Order.
The cost of rework material testing, overtime, travel and other related costs incurred by the City will be deducted from the Contract Price via Change Order.
4-6 TRADE NAMES
If the Contractor requests to substitute an equivalent item for a brand or trade name item, the burden of proof as to the comparative quality and suitability of alternative equipment or articles or materials shall be upon the Contractor, and the Contractor shall furnish, at its own expense, all 12100-0001\2654178v1.doc
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information necessary or related thereto as required by the Engineer. All requests for substitution shall be submitted, together with all documentation necessary for the Engineer to determine equivalence, no later than ten calendar days after the award of the Contract, unless a different deadline is listed in the Special Provisions.
4-9 RECYCLING OF MATERIALS
Subsection 4-9 is hereby added to the Standard Specifications as follows:
4-9.1 Recycling Requirement
Recycling of asphalt concrete, Portland cement concrete, aggregate base, and green waste is required.
4-9.2 Contractor’s Obligation
The City is committed to a recycling program. If available, it is the obligation of the Contractor, under the Contract, to recycle the waste material through an approved recycling plant. Records and reports of waste recycle, including scale tonnages, will be submitted to the City on a regular monthly basis. Failure to comply with the requirements of this Section will result in delay of progress payment.
SECTION 5 LEGAL RELATIONS AND RESPONSIBILITIES
The provisions below shall supplement but not replace those provisions in Section 5 of the Standard Specifications, unless specifically noted below
5-3.1.1 Public Work
Subsection 5-3.1.1 is hereby added to the Standard Specifications as follows:
The Contractor acknowledges that the Project is a “public work” as defined in Labor Code Section 1720 et seq. (“Chapter 1”), and that this Project is subject to (a) Chapter 1, including without limitation Labor Code Section 1771 and (b) the rules and regulations established by the Director of Industrial Relations (“DIR”) implementing such statutes. The Contractor shall perform all Work on the Project as a public work. The Contractor shall comply with and be bound by all the terms, rules and regulations described in (a) and (b) as though set forth in full herein.
5-3.2.1 Copies of Wage Rates
Subsection 5-3.2.1 is hereby added to the Standard Specifications as follows:
Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Project are on file at City Hall and will be made available to any interested party on request. By initiating any Work on this Project, the Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and the Contractor shall post such rates at each job site covered by these Contract Documents.
5-3.2.2 Failure to Pay Prevailing Rates
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Subsection 5-3.2.2 is hereby added to the Standard Specifications as follows:
The Contractor shall comply with and be bound by the provisions of Labor Code Sect ions 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Contractor shall, as a penalty paid to the City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to these Contract Documents by the Contractor or by any Subcontractor.
5-3.2.3 Debarment or Suspension
Subsection 5-3.2.3 is hereby added to the Standard Specifications as follows:
The Contractor shall not perform Work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or State law providing for the debarment of contractors from public works. The Contractor and Subcontractors shall not be debarred or suspended throughout the duration of the Contract pursuant to Labor Code Section 1777.1 or any other federal or State law providing for the debarment of contractors from public works. If the Contractor or any Subcontractor becomes debarred or suspended during the duration of the Project, the Contractor shall immediately notify the City.
5-3.3 Payroll Records
The Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires the Contractor and each Subcontractor to (1) keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776, (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 has ten days in which to comply subsequent to receipt of a written notice requesting these records, or as a penalty to the City, the Contractor shall forfeit $100.00 for each Day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these pe nalties shall be withheld from progress payments then due.
5-3.4 Hours of Labor
The Contractor acknowledges that eight hours labor constitutes a legal day’s work. The Contractor shall comply with and be bound by Labor Code Section 1810. The Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. The Contractor shall, as a penalty paid to the City, forfeit $25.00 for each worker employed in the performance of this Proj ect by the Contractor or by any Subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of the Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay.
5-3.5 Apprentices
The following paragraph should be added at the end of Subsection 5-3.5:
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The Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.6 and 1777.7 and California Code of Regulations Title 8, Section 200 et seq . concerning the employment of apprentices on public works projects. The Contractor shall be responsible for compliance with these Sections for all apprenticeable occupations. Before commencing Work on this Project, the Contractor shall provide the City with a copy of the information submitted to any applicable apprenticeship program. Within 60 Days after concluding Work, Contractor and each of its Subcontractors shall submit to the City a verified statement of the journeyman and apprentice hours performed under this Contract.
5-3.6 Registration with the DIR
Subsection 5-3.6 is hereby added to the Standard Specifications as follows:
In accordance with Labor Code Sections 1725.5 and 1771.1, no contractor or Subcontractor shall 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, unless currently registered and qualified to perform public work pursuant to Section 1725.5.
5-3.7 Compliance Monitoring and Posting Job Sites
Subsection 5-3.7 is hereby added to the Standard Specifications as follows:
This Project is subject to compliance monitoring and enforcement by the DIR. The Contractor shall post job site notices, as prescribed by regulation.
5-3.8 Subcontractors
Subsection 5-3.8 is hereby added to the Standard Specifications as follows:
For every Subcontractor who will perform Work on the Project, the Contractor shall be responsible for such Subcontractor’s compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and the Contractor shall include in the written Contract between it and each Subcontractor a copy of the provisions in this Section 5 -3 of the General Provisions and a requirement that each Subcontractor shall comply with those provisions. The Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure Subcontractor’s compliance, including without limitation, conducting a periodic review of the certified payroll records of the Subcontractor and upon becoming aware of the failure of the Subcontractor to pay its workers the specified prevailing rate of wages. The Contractor shall diligently take corrective action to halt or rectify any failure.
5-3.9 Prevailing Wage Indemnity
Subsection 5-3.9 is hereby added to the Standard Specifications as follows:
To the maximum extent permitted by law, the Contractor shall indemnify, hold harmless and defend (at the Contractor’s expense with counsel reasonably acceptable to the City) the City, its officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed in Section 5- 3 of the General Provisions by any Person (including the Contractor, its Subcontractors, and each of their officials, officers, employees and agents) in connection with any Work undertaken or in connection with the Contract Documents, including without limitation the payment of all 12100-0001\2654178v1.doc
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consequential damages, attorneys’ fees, and other related costs and expenses. All duties of the Contractor under this Section 5-3.9 shall survive expiration or termination of the Contract.
5-4 INSURANCE
The first paragraph of Section 5-4.1 of the Standard Specifications shall not be incorporated and shall instead be replaced with the following:
The Contractor shall provide and maintain insurance naming the City, its elected and appointed officials, officers, employees, attorneys, agents, designated volunteers, and independent contractors in the role of City officials as insureds or additional insureds regardless of any inconsistent statement in the policy or any subsequent endorsement whether liability is attributable to the Contractor or the City. The insurance provisions shall not be construed to limit the Contractor’s indemnity obligations contained in the Contract. The City will not be liable for any accident, loss, or damage to the Work before completion, except as otherwise specified in Section 6-5.
The Contractor shall at all times during the term of the Contract carry, maintain, and keep in full force and effect the insurance referenced in Section 5 -4 of the Standard Specifications, as modified below.
The following provisions are hereby added to Section 5-4.1 of the Standard Specifications:
5-4.1.1 Acceptability of Insurers.
The insurance policies required under this Section 5 -4 shall be issued by an insurer admitted to write insurance in the State of California with a rating of A:VII or better in the latest edition of the A.M. Best Insurance Rating Guide. Self-insurance shall not be considered to comply with the insurance requirements under this Section 5-4.
5-4.1.2 Additional Insured.
The City, its elected and appointed officials, officers, employees, attorneys, agents, designated volunteers, and independent contractors in the role of City officials, shall be the insured or named as additional insureds covering the Work, regardless of any inconsistent statement in the policy or any subsequent endorsement, whether liability is attributable to the Contractor or the City. The commercial general and automobile liability policies shall contain an endorsement naming City, its officers, employees, agents and volunteers as additional insureds. This provision shall also apply to any excess/umbrella liability policies.
5-4.1.3 Primary and Non-Contributing.
The insurance policies required under this Section 5-4 shall apply on a primary non-contributing basis in relation to any other insurance or self -insurance available to the City. Any insurance or self-insurance maintained by the City, its officers, employees, agents or volunteers, shall be in excess of the Contractor’s insurance and shall not contribute with it. This provision shall also apply to any excess/umbrella liability policies.
5-4.1.4 Contractor’s Waiver of Subrogation.
The insurance policies required under this Section 5 -4 shall not prohibit the Contractor and the Contractor’s employees, agents or Subcontractors from waiving the right of subrogation prior to a 12100-0001\2654178v1.doc
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loss. The Contractor hereby waives all rights of subrogation against the City.
5-4.1.5 Deductibles and Self-Insured Retentions.
Any deductibles or self-insured retentions must be declared to and approved by the City. At the City’s option, the Contractor shal l either reduce or eliminate the deductibles or self -insured retentions with respect to the City, or the Contractor shall procure a bond guaranteeing payment of losses and expenses.
5-4.1.6 Cancellations or Modifications to Coverage.
The Contractor shall not cancel, reduce or otherwise modify the insurance policies required by this Section 5-4 during the term of the Contract. The commercial general and automobile liability policies required under the Contract shall be endorsed to state that should the issuing insurer cancel the policy before the expiration date, the issuing insurer will endeavor to mail 30 days’ prior written notice to the City. If any insurance policy required under this Section 5 -4 is canceled or reduced in coverage or limits, the Con tractor shall, within two business days of notice from the insurer, phone, fax or notify the City via certified mail, return receipt requested, of the cancellation of or changes to the policy
5-4.1.7 City Remedy for Noncompliance.
If the Contractor does not maintain the policies of insurance required under this Section 5-4 in full force and effect during the term of the Contract, or in the event any of the Contractor’s policies do not comply with the requirements under this Section 5 -4, the City may either immediately terminate the Contract or, if insurance is available at a reasonable cost, the City may, but has no duty to, take out the necessary insurance and pay, at the Contractor’s expense, the premium thereon. The Contractor shall promptly reimburse the City for any premium paid by the City or the City may withhold amounts sufficient to pay the premiums from payments due to the Contractor.
5-4.1.8 Evidence of Insurance.
At least two Working Days prior to the performance of Services under the Contract, the Contractor shall furnish the City’s Risk Manager with a certificate or certificates of insurance and all original endorsements (both of which must reference the same Policy number), evidencing and effecting the coverages required under Sectio n 5-4 of the Standard Specifications, as modified by this Section 5 -4. The endorsements are subject to approval by the City’s Risk Manager. The Contractor may provide complete, certified copies of all required insurance policies to the City.
The Contractor shall provide proof to the City’s Risk Manager that insurance policies expiring during the term of the Contract have been renewed or replaced with other policies providing at least the same coverage. The Contractor shall furnish such proof at least two weeks prior to the expiration of the coverages.
The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements must specifically name the City of Manhattan Beach and its elected and appointed officials, officers, employees, attorneys, agents, designated volunteers, and independent contractors in the role of City officials as insureds or additional insureds. The Contractor shall maintain current insurance certificates and endorsements on file wi th the City’s Risk Manager at all times during the term of this Contract. The City reserves the right to require complete, certified copies of all required insurance policies at any time.
Where the Contractor has entered into an agreement with a Professio nal Employment 12100-0001\2654178v1.doc
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Organization (PEO) to provide human resources, workers' compensation insurance, or other benefits to the Contractor's employees, the Contractor must also submit the agreement with the PEO. If the evidence of insurance submitted by the Contra ctor pursuant to this Section 5 -4 evidences that the insurance is provided by the PEO, all such PEO-provided insurance coverages and indemnities must comply with the requirements of these Contract Documents.
5-4.1.9 Indemnity Requirements not Limiting.
Procurement of insurance by the Contractor shall not be construed as a limitation of Contractor’s liability or as full performance of the Contractor’s duty to indemnify the City under Section 5 -8 of the Contract.
5-4.1.10 Subcontractor Insurance Requirements.
The Contractor shall require each of its Subcontractors that perform Services under the Contract to maintain insurance coverage that meets all of the requirements of this Section -5-4.
5-4.1.11 Replacement Insurance
The Contractor agrees that it will not cancel, reduce or otherwise modify the insurance coverage.
The Contractor agrees that if it does not keep the required insurance in full force and effect, and such insurance is available at a reasonable cost, the City may take out the necessary insurance and pay the premium thereon, and the repayment thereof shall be deemed an obligation of the Contractor and the cost of such insurance may be deducted, at the option of the City, from payments due the Contractor. This shall be in addition to all other legal options available to the City to enforce the insurance requirements.
5-4.1.12 Subcontractors
The Contractor shall ensure all Subcontractors and their employees are listed as additional insureds on all of the Contractor’s insurance.
The provisions below shall supplement but not replace those provisions in Sections 5-4.2, 5-4.3, and 5-4.4 of the Standard Specifications.
5-4.2 General Liability Insurance
Instead of the minimum limits listed in Section 5-4.2 of the Standard Specifications, the Contractor shall procure and at all times during the term of the Contract carry, maintain, and keep in full force and effect Commercial General Liability Insurance with a minimum limit of $2,000,000.00 per occurrence for bodily injury, personal injury and property damage and a general aggregate limit of $2,000,000.00 per project or location. If the Contractor is a limited liability company, the commercial general liability coverage shall be amended so that the Contractor and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.
5-4.3 Workers’ Compensation Insurance
Workers’ Compensation Insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of $1,000,000.00 per accident for bodily injury or disease. If the Contractor has no employees while performing the Work under the Contract, a Workers’ Compensation policy is not required, but the Contractor shall execute a declaration that it has no 12100-0001\2654178v1.doc
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employees.
5-4.4 Automobile Insurance
Instead of the minimum limits listed in Section 5-4.4 of the Standard Specifications, the Contractor shall procure and at all times during the term of the Contract carry, maintain, and keep in full force and effect Automobile Liability Insurance for any owned, non -owned or hired vehicle used in connection with the performance of the Contract with a combined single limit of $2,000,000.00 per accident for bodily injury and property damage. If the Contractor does not use any owned, non-owned or hired vehicles in the performance of the Work under this Contract, the Contractor shall obtain a non-owned auto endorsement to the Commercial General Liability policy required by Subsection 5-4.2.
5-4.5 Insurance Requirements not Limiting
Subsection 5-4.5 is hereby added to the Standard Specifications as follows:
If the Contractor maintains broader coverage and/or higher limits than the minimums required above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City. No representation is made that the minimum insurance requirements of this Contract are sufficient to cover the obligations of the Contractor under this Contract.
5-4.6 NOT USED
5-7 SAFETY
The provisions below shall supplement but not replace those provisions in Subsection 5-7 of the Standard Specifications.
5-7.8 Steel Plate Covers
5-7.8.1 General
The Contractor shall cover all openings, trenches and excavations at the end of each Work Day with steel plate covers. No open excavation will be permitted to extend into a weekend or holiday.
5-8 INDEMNIFICATION
The following indemnity provisions shall supersede the indemnity in Section 5-4.1 of the Standard Specifications.
5-8.1 Contractor’s Duty.
To the fullest extent permitted by law, the Contractor shall, at its sole cost and expense, defend, hold harmless and indemnify the City and its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively “Indemnitees”), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, expenses, judgments, penalties, liens, and losses of any nature whatsoever, including fees of accountants, attorneys, or other professionals and all costs associated therewith 12100-0001\2654178v1.doc
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and the payment of all consequential damages (collectively “Liabilities”), in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of the Contractor, its officers, agents, servants, employees, Subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that the Contractor shall bear the legal liability thereof) in the performance of the Contract, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. The Contractor shall defend the Indemnitees in any action or actions filed in connection with any Liabilities with counsel of the Indemnitees’ choice, and shall pay all costs and expenses, including all attorneys’ fees and experts’ costs actually incurred in connection with such defense. The Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by Indemnitees in connection therewith.
5-8.1.1 Taxes and Workers’ Compensation
The Contractor shall pay all required taxes on amounts paid to the Contractor under the Contract, and indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by the Contract. The Contractor shall fully comply with the Workers’ Compensation law regarding the Contractor and the Contractor’s employees. The Contractor shall indemnify and hold the City harmless from any failure of the Contractor to comply with applicable Workers’ Compensation laws. The City may offset against the amount of any fees due to the Contractor under the Contract any amount due to the City from the Contractor as a result of the Contractor’s failure to promptly pay to the City any reimbursement or indemnification arising under this Subsection 5-8.1.1.
5-8.1.2 Subcontractor Indemnity Agreements
The Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 5-8 from each and every Subcontractor or any other person or entity involved by, for, with or on behalf of the Contractor in the performance of the Contract. If the Contractor fails to obtain such indemnity obligations, the Contractor shall be fully responsible and indemnif y, hold harmless and defend the Indemnitees from and against any and all Liabilities at law or in equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of the Contractor’s Subcontractor, its officers, agents, servants, employees, Subcontractors, materialmen, contractors or their officers, agents, servants or employees (or any entity or individual that the Contractor’s Subcontractor shall bear the legal liability thereof) in the performance of the Contract, including the Indemnitees’ active or passive negligence, except for Liabilities arising from the sole negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.
5-8.2 Workers’ Compensation Acts not Limiting.
The Contractor’s indemnifications and obligations under this Section 5 -8, or any other provision of the Contract, shall not be limited by the provisions of any Workers’ Compensation act or similar act. The Contractor expressly waives its statutory immunity under such statutes or laws as to the City, its officers, agents, employees and volunteers.
5-8.3 Insurance Requirements not Limiting.
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because of the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to the Contract. The indemnities in this Section 5 -8 shall apply regardless of whether or not any insurance policies are determined to be applicable to the Liabilities, tax, assessment, penalty or interest asserted against the City.
5-8.4 Survival of Terms.
The Contractor’s indemnificatio ns and obligations under this Section 5 -8 shall survive the expiration or termination of the Contract.
5-8.5 Civil Code Exception.
Nothing in this Section 5 -8 shall be construed to encompass Indemnitees’ sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code Section 2782(a) or the City’s active negligence to the limited extent that the underlying Contract Documents are subject to Civil Code Section 2782(b), provided such sole negligence, willful misconduct or active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction.
5-8.6 Nonwaiver of Rights.
Indemnitees do not and shall not waive any rights that they may possess against the Contractor because the acceptance by the City, or the deposit with the City, of any insurance policy or certificate required pursuant to these Contract Documents. This indemnity provision is effective regardless of any prior, concurrent, or subsequent ac tive or passive negligence by Indemnitees and shall operate to fully indemnify Indemnitees against any such negligence.
5-8.7 Waiver of Right of Subrogation.
The Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all Claims arising out of or incident to the activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent or subsequent active or passive negligence by Indemnitees.
SECTION 6. PROSECUTION AND PROGRESS OF THE WORK
The provisions below shall supplement but not replace those provisions in Section 6 of the Standard Specifications, unless specifically noted below.
6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF THE WORK
6-1.1 Construction Schedule
In addition to the construction schedule required pursuant to Section 6 -1.1 of the Standard Specifications after notification of the Contract award and before any start of the Project, as well as the revised construction schedule in advance of beginning revised operations, the Contractor shall submit an updated construction schedule with its monthly invoice every month. Progress payments shall be contingent upon the receipt of monthly updated construction schedules.
One week before the scheduled pre -construction meeting, the Contractor must submit a construction schedule to the Engineer for review and approval. The Contractor shall make 12100-0001\2654178v1.doc
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revisions as required by the Engineer. The schedule must account for all subcontract work, as well as the work of the Contractor, submittals, coordination with the other contractors performing concurrent work and the Traffic Control Plan. The Contractor shall update this Construction Schedule when directed by the Engineer, or when:
a. A Change Order significantly affects the Contract completion date or the sequence of construction approach or activities; or
b. The actual sequence of the Work, or the planned sequence of the Work, is changed and does not conform to the Contractor’s current accepted Project construction schedule.
6-1.1.1 Pre-Construction Conference
Subsection 6-1.1.1 is hereby added to the Standard Specifications as follows:
Approximately five Days before the commencement of Work at the site, a pre -construction conference will be held at the City and shall be attended by the Contractor’s Project manager, its on-site field superintendent, and any Subcontractors that the Contractor deems appropriate.
Attendance by the Contractor and any Subcontractors designated is mandatory.
Contractor shall submit its 24-hour emergency telephone numbers to the Engineer for approval a minimum of two Working Days before the pre -construction conference. Unless previous ly submitted to the Engineer, the Contractor shall bring to the pre-construction conference copies of each of the following:
1) Construction Schedule.
2) Procurement schedule of major equipment and materials and items requiring long lead time.
3) Shop drawing/sample submittal schedule.
4) Preliminary schedule of values (lump sum price breakdown) for progress payment purposes.
5) Written designation of the on-site field superintendent and the Project manager. Both daytime and emergency telephone numbers shall be included in the written designation.
The purpose of the conference is to designate responsible personnel and establish a working relationship. The parties will discuss matters requiring coordination and establish procedures for handling such matters. The complete agenda will be furnished to the Contractor before the meeting date. The Contractor shall be prepared to discuss all of the items listed below. 1) The Contractor’s construction schedule.
2) Notification of local residents before starting any Work and keeping them informed throughout the Project.
3) Procedures for transmittal, review, and distribution of the Contractor’s submittals. 4) Processing applications for payment.
5) Maintaining record documents.
6) Critical Work sequencing.
7) Maintaining sewage service during construction, including proposed by-passes. 8) NPDES requirements, if any.
9) Field decisions and Change Orders.
10) Use of Project site, office and storage areas, security, housekeeping, and the City’s needs.
11) Major equipment deliveries and priorities.
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12) Traffic control.
13) Any other item that the City representative states is relevant to the meeting.
6-1.1.2 Weekly Progress Meetings
Subsection 6-1.1.2 is hereby added to the Standard Specifications as follows:
Progress meetings will be held each week during the course of the Project. The meeting location, day of the week and time of day will be mutually agreed to by the City and the Contractor. The Contractor shall provide a two-week “look ahead” schedule for each meeting. The construction manager will preside at these meetings and will prepare the meeting agenda, meeting minutes and will distribute minutes to all persons in attendance. As the Work progresses, if it is determined by agreement of the attendees, that weekly meetings are not necessary, the weekly progress meetings may be changed to bi-weekly progress meetings.
6-2 PROSECUTION OF THE WORK
Add the following as Section 6-2.1:
6-2.1 Excess Cost of City Personnel and Inspection Personnel
For any overtime or emergency work beyond a regular eight-hour day and for any work performed on Saturday, Sunday, or holidays, the charges for City personnel and City consultants/independent contractors, including inspection, required on the job site shall be the responsibility of the Contractor and all co sts therefor shall be deducted from the payments due the Contractor. The cost of City personnel and City consultants/independent contractors shall be computed pursuant to the actual costs incurred by City, including but not limited to, overtime costs, fringe benefits, and overhead costs.
6-3 TIME OF COMPLETION
6-3.2 Contract Time Accounting
Add the following at the end of Subsection 6-3.2:
The Contract Time for completion of the Work, including corrective items of Work, shall be in accordance with Section 4 of the Contract. Contract Time extensions, when granted by the Engineer, will be in Working Days and in accordance with the Contract Documents, and will be set forth in writing via Change Order.
Add the following as Section 6-3.2.1:
6-3.2.1 Hours of Work
The Contractor shall not conduct any operations or perform any Work pertaining to the Project outside the working days and hours as defined in Section 10-8 Working Days and Hours. In the event that the Contractor abuses the hours of work requirement, a written warning will follow. After each additional warning, a $200.00 penalty will be deducted from the Contract amount. The payment deduction is in addition to the City’s right to suspend work per Section 6-6 of the General Provisions.
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6-4 DELAYS AND EXTENSIONS OF TIME
Add the following at the end of Subsection 6-4:
Unless otherwise agreed in writing, an adjustment to the Contract time by reason of a Change Order shall be agreed to at the time the Change Order is issued and accepted by the Contractor.
If the Change Order does not reserve the right of the parties, or either of them, to seek an adjustment to the Contract time, then the parties forever relinquish and waive such right and there shall be no further adjustments to the Contract time.
6-4.2 Extensions of Time
Add the following at the end of Subsection 6-4.2:
In the event it is deemed appropriate by the City to extend the time for completion of the Work, any such extension shall not release any guarantee for the Work required by the Contract Documents, nor shall any such extension of time relieve or release the Sureties on the Bonds executed. In executing such Bonds, the Sureties shall be deemed to have expressly agreed to any such extensions of time. The amount of time allowed by an extension of time shall be limited to the period of the delay giving rise to the same as determined by the City. Notwithstanding any dispute which may arise in connection with a claim for adjustment of the Contract time, the Contractor shall promptly proceed with the Work.
Should any agency or utility company’s work result in delays to the Contractor’s work schedule, the Contractor shall be entitled only to an equivalent extension of time for the completion of the contract, and shall not be entitled to damages due to downtime and idled equipment or additional payments over and above the agreed upon unit prices.
Should the Contractor be delayed by the City, and such delay could not have been reasonably foreseen or prevented by the Contractor, the Engineer will dete rmine the extent of the delay, the effect on the project, and any extension of time.
6-4.3 Payment for Delays
Add the following at the end of Subsection 6-4.3:
Notwithstanding any other terms and conditions of the Contract Documents, the City shall have no obligation whatsoever to increase the Contract Price or extend the time for delays.
Unless compensation and/or mark-up is agreed upon by the City, the Contractor agrees that no payment of compensation of any kind shall be made to the Contractor for damages or increased overhead costs caused by any delays in the progress of the Contract, whether such delays are avoidable or unavoidable or caused by any act or omission of the City or its agents. Any accepted delay claim shall be fully compensated f or by an extension of time to complete the performance of the Work.
This Section shall not apply to compensable delays caused solely by the City. If a compensable delay is caused solely by the City, the Contractor shall be entitled to a Change Order that: (1) extends the time for completion of the Contract by the amount of delay caused by the City; and (2) provides equitable adjustment, as determined by the City, to the Contractor.
6-6 SUSPENSION OF THE WORK
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6-6.1 General
Add the following paragraph following paragraph at the end of Subsection 6-6.1:
In the event a suspension of work is ordered because of failure on the part of the Contractor to carry out orders given or to perform any provisions of the Work, such suspension of work shall not relieve the Contractor of its responsibility to complete the work within the time limit set forth herein and shall not be considered cause for extension of the time for completion, and further, such suspension of work shall not entitle the Contractor to any additional compensation.
6-8 TERMINATION OF THE CONTRACT FOR CONVENIENCE
In addition to the reasons for termination listed in Section 6-8 of the Standard Specifications, which allow termination upon any written notice, the City may cancel the Contract for any other reason or for no reason upon 30 Days’ written notice. The rest of the procedure outlined in Section 6-8 shall apply to such situation, including the Contractor’s required immediate notification of Subcontractors and suppliers and the payment. In no event (including termination for impossibility or impracticability, due to conditions or events beyond the control of the City, for any other reason or for no reason) shall the total amount of money to Contractor exceed the amount which would have been paid to the Contractor for the full performance of the services described in the Contract.
Furthermore, some of the City’s projects are funded in whole or in part by funds other than the City’s General Fund. If this Project is funded by such external funds in whole or in part, or if those external funds are terminated or reduced at any time and for any reason or for no reason at all, and the City determines at its discretion that no other funding is available for continuation of this Project, the City will not be obligated to continue funding for the services contained in these Contract Documents and may terminate the Project immediately. The City shall reimburse the Contractor for its work satisfactorily completed until the te rmination date. In no event shall the total amount of money to the Contractor exceed the amount which the City has received in funding from its external source. The Special Provisions may include further details in this regard.
6-9 LIQUIDATED DAMAGES
For the purposes of the calculation of the start of the liquidated damages, the Work shall be deemed to be completed when the same has been completed in accordance with the Plans and Specifications therefor and to the satisfaction of the Engineer, and the Engineer has certified such completion in accordance with Section 3 -13.1 of the Standard Specifications. The liquidated damages value is hereby amended to be $162 per day.
SECTION 7. MEASUREMENT AND PAYMENT
The provisions below shall supplement but not replace those provisions in Section 7 of the Standard Specifications, unless specifically noted below.
7-1 MEASUREMENT OF QUANTITIES OF UNIT PRICE WORK
7-1.1 General
Add the following at the end of Subsection 7-1.1:
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“Final” or “Lump Sum” shall have final pay quantities measured and paid for in accordance with the Standard Specifications and these General Provisions.
7-1.2 Methods of Measurement
Add the following at the end of Subsection 7-1.2:
The Contract Price shall constitute full compensation for all labor, equipment, materials, tools and incidentals required to complete the Project as outlined in t hese Contract Documents and as directed by the Engineer.
7-2 LUMP SUM WORK
Delete the first sentence of Subsection 7-2 and substitute the following:
Items of Work which are designated by the letters “LS” or the words “Lump Sum” in the Estimated Quantities column of the Bid Schedule shall be paid for at the price indicated in the Bid, unless the dimensions of the Work, as shown on the Plans, are revised by the Engineer. If such dimensions are revised and such revisions result in an increase or decrease in the quantity of such Work, the final payment for the lump sum item will be revised in proportion to the change in dimensions authorized by Change Order.
Add the following at the end of Subsection 7-2:
The Contractor shall submit a Work item breakdown of the Bid, described in the second paragraph of Subsection 7-2, “Lump Sum Work,” of the Standard Specifications, within ten Working Days after award of the Contract and/or at any other time as required by the Engineer.
No guarantee is made regarding the amount of Work required to complete a lump sum item of Work.
7-2.1 Progress Payments for Lump Sum Items of Work
Subsection 7-2.1 shall be added as follows:
The word “Complete” in the Estimated Quantities column of the Bid Schedule for a lump sum item of Work shall mean that payment for that item will only be made after all Work for that item has been completed. The “%” symbol in the Estimated Quantities column of the Bid Schedule for a lump sum item of Work shall mean that progress payments for that item will be allowed based on the percentage of completion as determined by the Engineer in each pay period, typically every 30 days. (See Subsection 7-3.2 of the Standard Specifications and these General Provisions.)
7-3 PAYMENT
7-3.1 General
Add the following at the end of Subsection 7-3.1:
In accordance with Public Contract Code Section 7107, if no claims have been filed and are still pending, the amount deducted from the final estimate and retained by the City will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be withheld for any other lawful purposes. 12100-0001\2654178v1.doc
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Whenever the Contractor is required to perform work or furnish equipment, labor, tools, and materials of any class for which no price is fixed in the proposal, it shall be understood that such work, equipment, labor, tools, and materials shall be provided without extra charge, allowance, or direct payment of any kind. The cost of performing such work or furnishing such equipment, labor, tools, and materials shall be included in the unit bid prices in the proposal most closely related to the work and no additional compensation will be made thereof.
If any portion of the work done or materials furnished under the Contract shall prove defective or not in accordance with the Specifications and Contract drawings, and if the imperfection in the same is not of sufficient magnitude or importance to make the work dangerous or undesirable, the Engineer shall have the r ight and authority to retain the work instead of requiring it to be removed and reconstructed, but he shall make such deductions therefor in the payment due the Contractor as may be just and reasonable.
Delete the tenth paragraph of Subsection 7-3.1 and substitute the following:
Not later than 60 days from the date of Final Acceptance, the five percent deducted and retained from each progress estimate (see Subsection 7-3.2 of the Standard Specifications and these General Provisions) by the City will be paid to the Contractor except such amounts as are required by law to be withheld by properly executed and filed notices to stop payment, or as may be authorized by the Contract to be further retained.
7-3.2.1 Monthly Closure Date and Invoice Date
Subsection 7-3.2.1 is hereby added to the Standard Specifications as follows:
The Contractor shall prepare and submit the form attached herewith (see Appendix I), or its own form in an identical format, to the Engineer for all requests for progress payments for the work performed in accordance with the provisions of the Contract during the preceding month. The progress payment request shall be submitted monthly, and a maximum of one progress payment request may be submitted each month. The Contractor shall submit a Conditional Waiver and Release Form (Civil Code Section 8132) with the applicable monthly progress payment request.
Progress payment requests associated with work completed prior to June 30th (the end of the City’s fiscal year), must be submitted no later than July 30th.
7-3.2.2 Payments
Subsection 7-3.2.2 is hereby added to the Standard Specifications as follows:
The City shall make payments within 30 Working Days after receipt of the Contractor’s undisputed and properly submitted payment request, including an updated construction schedule pursuant to Section 6-1.1 of the General Provisions. The City shall return to the Contractor any payment request determined not to be a proper payment request as soon as practicable, but not later than seven Working Days after receipt, and shall explain in writing the reasons why the payment request is not proper. Acceptance by the Contractor of the payment made in accordance with the final estimate shall be a release to the City, its officers, agents, and employe es excepting only claims against the City for any amount withheld by it at the time of such payment.
7-3.2.3 Retention
Subsection 7-3.2.3 is hereby added to the Standard Specifications as follows:
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The City shall withhold not less than five percent from each progress payment. The City shall withhold not less than five percent of the Contract Price from the Final Payment Amount (defined in Section 7-3.2.4) until at least 35 days after recordation of the Notice of Completion, or recordation of a notice of cessation, but not longer then the period permitted by Public Contract Code Section 7107.
In addition to retained percentage and liquidated damages, the City may withhold payments to the Contractor including for defective work not remedied and other valid claims against the Contractor.
7-3.2.4 Final Invoice and Payment
Subsection 7-3.2.4 is hereby added to the Standard Specifications as follows:
Whenever the Contractor shall have completely performed the Contract in the opinion of the Engineer, the Contractor shall submit to the Engineer a written statement of the final quantities of Contract items in the form of the final invoice, which must have an identical format to the progress payment request form attached herewith (see Appendix I). Upon receipt of the final payment request, the Engineer shall check the quantities included therein and shall authorize a payment amount, which in the Engineer’s opinion shall be just and fair, covering the value of the total amount of Work done by the Contractor, less all previous payments and all amounts to be retained under the provisions of the Contract Documents (“Final Payment Amount”). The Contractor shall submit a Conditional Waiver and Release form (Civil Code Section 8136) with the Final Payment request. The Engineer shall then request that the City accept the Work and that the City Clerk be authorized to file, on behalf of the City in the office of the County Recorder, a Notice of Completion of the Work herein agreed to be done by the Contractor. In addition, the final payment will not be released until the Contractor returns the control set of Plans and Specifications showing the redlined as-built conditions.
Final payment requests associated with work completed prior to June 30th (the end of the City’s fiscal year), must be submitted no later than July 30th.
7-3.2.5 Substitute Security
Subsection 7-3.2.5 is hereby added to the Standard Specifications as follows:
In accordance with Public Contract Code Section 22300, the Contractor may request that it be permitted to substitute securities in lieu of having retention withheld by the City from progress payments when such payments become due or, in the alternative, the Contractor may request that the City make payments of earned retentions directly to an agreed upon designated escrow agent at the Contractor’s expense. If the Contractor selects either one of these alternatives, the following shall control.
7-3.2.5.1 Substitution of Securities for Performance Retention
Subsection 7-3.2.5.1 is hereby added to the Standard Specifications as follows:
At some reasonable time before any progress payment would otherwise be due and payable to the Contractor in the performance of Work under these Contract Documents, the Contractor may submit a request to the City in writing to permit the substitution of retentions with securities equivalent to the amount estimated by the City (“estimated amount of retention”) to be withheld. 12100-0001\2654178v1.doc
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The Contractor shall deposit such securities with the City or may, in the alternative, deposit such securities in escrow with a State or federally chartered bank in California, as the escrow agent, at the Contractor’s expense. Such securities will be the equivalent or greater in value of the estimated amount of retention. If the Con tract is modified by written Modifications or Change Orders or the Contractor otherwise becomes entitled to receive an amount more than the Contract Price at the time the securities are deposited, the Contractor shall, at the request of the City, deposit w ith the City or escrow agent, whichever is applicable, additional securities within a reasonable time so that the amount of securities on deposit with the City or escrow agent is equivalent or greater in value than the amount of retention the City would otherwise be entitled to withhold from progress payments due or to become due to the Contractor as the Work progresses.
The City shall withhold any retention amount that exceeds the security amount until the additional securities are deposited and, if the deposit is with an escrow agent, the City has confirmation from that escrow agent of the new total value of securities. Upon satisfactory completion of the Contract, which shall mean, among other things, that the City is not otherwise entitled to retain proceeds from progress payments as elsewhere provided in the Contract or under applicable law, the securities shall be returned to the Contractor. The City shall, within its sole discretion, determine whether the amount of the securities on deposit with the City or escrow agent is equal to or greater than the amount of estimated retention of progress payments that could otherwise be held by the City if the Contractor had not elected to substitute same with securities.
7-3.2.5.2 Deposit of Retention Proceeds with an Escrow Agent Subsection 7-3.2.5.2 is hereby added to the Standard Specifications as follows:
As an alternative to the substitution of securities, as provided above, or the City otherwise retaining and holding retention proceeds from progress payments, the Contractor may request the City to make payments of retentions earned directly to an escrow agent with the same qualifications as required in Section 7 -3.2.5.1 above and at the expense of the Contractor. At its sole expense, the Contractor may direct the investment of such retention payments into only such securities as mentioned in Section 7-3.2.5.3 below and shall be entitled to interest earned on such investments on the same terms provided for securities deposited by the Contractor. Upon sa tisfactory completion of the Contract, which shall mean when the City would not otherwise be entitled to withhold retention proceeds from progress payments had the Contractor not elected to have such proceeds deposited into escrow, the Contractor shall be allowed to receive from the escrow agent all securities, interest and payments deposited into escrow pursuant to the terms of this Section.
The Contractor shall pay to each Subcontractor, not later than ten Days of receipt of payment, the respective amount of interest earned, net of costs attributed to retention withheld from each Subcontractor, on the amount withheld to ensure performance of the Contractor.
7-3.2.5.3 Subcontractor Entitlement to Interest
Subsection 7-3.2.5.3 is hereby added to the Standard Specifications as follows:
If the Contractor elects to receive interest on any moneys withheld in retention by the City, then the Subcontractor shall receive the identical rate of interest received by the Contractor on any retention moneys withheld from the Subcontractor by the Contractor, less any actual pro rata costs associated with administering and calculating that interest. In the event that the interest rate is a fluctuating rate, the rate for the Subcontractor shall be determined by calculating the interest rate paid during the time that retentions were withheld from the Subcontractor. If the Contractor elects to substitute securities in lieu of retention, then, by mutual consent of the Contractor and the Subcontractor, the Subcontrac tor may substitute securities in exchange for the release of moneys held in retention by the Contractor. The Contractor shall pay each 12100-0001\2654178v1.doc
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Subcontractor, not later than ten Days after receipt of escrow moneys, the amount owed to each Subcontractor from the mon eys plus the respective amount of interest earned, net of costs attributed to the retention held from each Subcontractor, on the amount of retention withheld to ensure performance of the Subcontractor.
7-3.2.5.4 Securities Eligible for Investment
Subsection 7-3.2.5.4 is hereby added to the Standard Specifications as follows:
Securities eligible for investment shall include those listed in Government Code Section 16430, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed upon between the Contractor and the City. The Contractor shall be the beneficial owner of any securities substituted for any monies withheld and shall receive any interest thereon.
7-3.2.5.5 Escrow Agreement for Security Deposits in Lieu of Retention
Subsection 7-3.2.5.5 is hereby added to the Standard Specifications as follows:
The escrow agreement that shall be used for the deposit of securities in lieu of retention shall substantially conform to the form prescribed in Public Contract Code Section 22300(f).
7-3.2.5.6 Inconsistencies with Prevailing Statutory Requirements Subsection 7-3.2.5.6 is hereby added to the Standard Specifications as follows:
If there is any inconsistency between or differences in Public Contract Code Section 22300 and the terms of this provision, or any future amendments thereto, Section 22300 shall control.
7-3.5.2. Increases of More than 25 Percent
Delete Subsection 7-3.5.2 in its entirety and substitute the following:
Should the actual quantity of a Major Item of Work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications exceed the Bid quantity by more than 25%, a Change Order will be issued and payment for the quantity in excess of 25% of the Bid quantity will be made on the basis of an adjustment to the Contract Unit price mutually agreed to by the City and the Contractor or pursuant to Subsection 7-3.7 “Agreed Prices.”
For Minor Items of Work, the Contractor will be paid using the Contract Unit Price, regardless of whether the actual quantity of the Minor Item of Work covered by a Contract Unit Price exceeds the bid quantity by more than 25%.
7-3.5.3 Decreases of More than 25 Percent
Delete Subsection 7-3.5.3 in its entirety and substitute the following:
Should the actual quantity of a Major Item of Work covered by a Contract Unit Price and constructed in conformance with the Plans and Specifications be less than 75% of the Bid quantity, an adjustment in payment will not be made unless so requested in writing by the Contractor. If the Contractor so requests, a Change Order shall be issued and payment shall be made on the basis of an adjustment to the Contract Unit Price mutually agreed to by the City and 12100-0001\2654178v1.doc
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the Contractor, or pursuant to Subsection 7-3.7 “Agreed Prices”; however, in no case will payment be less than would be made for the actual quantity at the Contract Unit Price.
For Minor Items of Work, the Contractor will be paid using the Contract Unit Price, regardless of whether the actual quantity of the Minor Item of Work covered by a Contract Unit Price is less than 75% of the Bid quantity.
7-3.5.4 Changes for Items Not Covered by Unit Prices
Subsection 7-3.5.4 is hereby added to the Standard Specifications as follows:
Payment for any change for an Item of Work not covered by a Contract Unit Price shall be made pursuant to Subsection 7-4 “Payment for Extra Work.”
7-4 PAYMENT FOR EXTRA WORK
7-4.1 General
Add the following at the end of Subsection 7-4.1
Any change in the Work for an Item of Work not covered by a Contract Unit Price that involves both added and deleted Work shall be paid on the basis of the net total cost. The cost of deleted Work not covered by a Contract Unit Price shall be determined by the Engineer based on the schedule of lump sum prices submitted by the Contractor in accordance with Subsection 7-2, “Lump Sum Work,” of the Standard Specifications and the General Provisions.
7-4.2.1 Labor
Delete Subsection 7-4.2.1 in its entirety and substitute the following:
The cost of labor will be the actual cost for wages prevailing locally for each craft or type of worker (including foreman when authorized by the Engineer) performing the Extra Work at the t ime the Extra Work is done, plus liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs, as well as assessments or benefits required by lawful collective bargaining agreements.
To the actual wages, as defined above, will be added a labor surcharge set forth in the California Department of Transportation publication entitled “Labor Surcharge and Equipment Rental Rates” that is in effect on the date upon which the Extra Work is performed. The labor surcharge shall constitute full compensation for all payments imposed by State and federal laws and for all other payments made to, or on behalf of, the workers, other than actual wages, subsistence and travel paid to the workers. The labor surcharge includes Workers’ Compensation, Social Security, Medicare, Federal Unemployment, State Unemployment, and State Training taxes.
Except when direct supervision is provided by working foremen whose time is included in accordance with Subsection 7-4.2.2, the cost of direct supervision of Extra Work, when such direct supervision is provided exclusively for the Extra Work and not in conjunction with or at the same time as supervision for other Work, and when approved in advance in writing by the Engineer, may be charged to the Extra Work. Such cost includes only the actual cost of supervision labor, plus payroll taxes, insurance, and pension costs. The cost of transportation, use of vehicle, and other costs incurred by supervision will not be allowed.
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7-4.2.2 Materials
Add the following to the end of Subsection 7-4.2.2:
If the Contractor does not furnish satisfactory evidence of the cost of the materials from the actual supplier thereof within 10 days following delivery of materials to the Work site, the Engineer reserves the right to establish the cost of the materials at the lowest current wholesale prices at which the materials were available, in the quantities concerned, delivered to the location of the Work site, less any discounts.
7-4.2.3 Tool and Equipment Rental
Delete Subsection 7-4.2.3 in its entirety and substitute the following:
No payment will be made for individual pieces of equipment or tools not listed in the California Department of Transportation publication entitled “Labor Surcharge and Equipment Rental Rates” that is in effect on the date upon which the Extra Work is performed and that have a replacement value of $200.00 or less, whether or not consumed by use. Such equipment or to ols shall be considered to be small tools.
The Contractor will be paid for the use of equipment at the rental rates listed for such equipment in the Labor Surcharge and Equipment Rental Rates publication that is in effect on the date upon which the Extra Work is performed.
Move in and out, or minimum charges other than the hourly rate, shall not apply to equipment available from the force already on the Project site.
For equipment that is rented from a local equipment agency, the Contractor will be paid at the hourly rate shown on the rental agency invoice or agreement for the time the equipment is used on Extra Work. If a minimum equipment rental amount is required by the local equipment rental agency, the actual amount charged will be paid to the Contractor.
If it is deemed necessary by the Engineer to use equipment not listed in the Labor Surcharge and Equipment Rental Rates publication, a suitable rental rate for that equipment will be established by the Engineer. The Contractor may furnish any cost data that might assist the Engineer in the establishment of the rental rate. If the rental rate established by the Engineer is $10.00 per hour or less, the provisions above concerning rental of equipment from a local equipment agency shall apply.
Rental time will not be allowed while equipment is inoperative due to breakdowns.
When owner operated equipment is used to perform Extra Work to be paid on a force account basis, the Contractor will be paid for the equipment and operator as follows:
1. Payment for the equipment will be made at the rental rates listed for such equipment in the Labor Surcharge and Equipment Rental Rates publication that is in effect on the date upon which the Extra Work is performed.
2. Payment for the cost of labor will be made in conformance with the provisions in Subsection 7-4.2.1 “Labor” of the General Provisions.
7-4.3 Markup
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Delete Subsection 7-4.3 in its entirety and substitute the following:
The markup for overhead and profit on Extra Work shall be in accordance with the following schedule.
7-4.3.1 Work by Contractor.
The following percentages shall be added to the Contractor’s costs and shall constitute the markup for all overhead and profit:
1) Labor ................................ ................................ ........... 20% 2) Materials ................................ ................................ ..... 15% 3) Equipment Rental ................................ ........................ 15% 4) Other Items and Expenditures ................................ ..... 15% To the sum of the costs and markups provided for in this subsection, one percent shall be added as compensation for bonding.
7-4.3.2 Work by Subcontractor.
For Extra Work performed by a Subcontractor, the markup established in Subsection 7 -4.3.1 of the General Provisions shall be applied to the Subcontractor’s costs. An additional five percent shall be added to the Subcontractor’s final cost, which shall reimburse the Contractor for administrative costs, including overhead and profit.
7-4.3.3 Work by Sub-Subcontractor.
Subsection 7-4.3.3 is hereby added to the Standard Specifications as follows:
For Extra Work performed by a sub-Subcontractor, the markup established in Subsection 7-4.3.1 of the General Provisions shall be applied to the sub-Subcontractor’s costs. An additional ten percent shall be added to the sub-Subcontractor’s final cost, five percent of which shall reimburse the Contractor for administrative costs, including overhead and profit, and five percent of which shall reimburse the Subcontractor for administrative costs, including overhead and profit.
7-4.3.4 Work by Specialist.
Subsection 7-4.3.4 is hereby added to the Standard Specifications as follows:
If the Engineer and the Contractor agree that a service or an item of Extra Work cannot be performed by the forces of the Contractor or those of any of its Subcontractors or sub - Subcontractors, such service or Extra Work item may be performed by a specialist. Invoices for such services or items of Extra Work calculated on the basis of current market prices may be accepted without complete itemization of labor, material, and equipment rental costs when it is impracticable and not in accordance with the established practice of the special service industry to provide such complete itemization.
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in a fabrication or machine shop facilities away from the Project site, the charges for that portion of the Extra Work performed in such facility may, by agreement between the Contractor and Engineer, be accepted as a specialist billing.
For Extra Work performed by a specialist, 15% shall be added to the specialist’s invoice price less a credit to the City for any cash or trade discount offered or available, whether or not such discount may have been taken; such percentage shall reimburse the Contractor for administrative costs, including overhead and profit.
7-4.3.5 Work not Covered by Unit Prices.
Subsection 7-4.3.5 is hereby added to the Standard Specifications as follows:
Markup for overhead and profit on any change in the Work for an Item of Work not covered by a Contract Unit Price that involves both added and deleted Work shall be paid, in accordance with this Subsection 7-4.3 of the General Provisions, only if the net cost increases the Contract Price (i.e., if the cost for added Work exceeds the cost for deleted Work).
7-4.4 Daily Reports by Contractor
Delete the first sentence of Subsection 7-4.4 and substitute the following:
The Contractor shall submit daily reports for Extra Work showing all labor, material, and equipment costs incurred.
Add the following at the end of Subsection 7-4.4:
The daily reports shall describe in detail the Extra Work tha t was performed and the location (station, etc.). Separate daily reports shall be submitted for Extra Work that is performed for more than one location and for different tasks that are performed on the same day. Material charges shall be substantiated by valid copies of vendor’s invoices. Such invoices shall be submitted with the daily reports, or if not available, they shall be submitted with subsequent daily reports. The Contractor shall maintain the Contractor’s records in such a manner as to provide a clear accounting of the costs.
Upon completion of the Extra Work, the Contractor shall submit a summary of costs, including markup for overhead and profit. All costs shall be in accordance with this Section 7-4 “Payment for Work.” The signature of the City’s Inspector on a daily report shall indicate agreement with the information reflected therein, not that the Contractor is entitled to payment of the costs in the report. The Engineer shall review the daily reports. The Engineer shall compare the Inspector’s records with the completed daily reports furnished by the Contractor and make any necessary adjustments. When the daily reports are agreed upon and signed by both parties, these reports shall become the basis of payment for the Extra Work performed.
7-4.5 Extension of Time
Add the following as Subsection 7-4.5:
If the Contractor is delayed in completing the Extra Work due to a change ordered by the City, the time for completion of Work will be extended in accordance with Section 6 -4 of these Gene ral Provisions.
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7-6 AUDIT
The City or its representative shall have the option of inspecting and/or auditing all records and other written materials used by the Contractor in preparing its billings to the City as a condition precedent to any payment to the Contractor or in response to a construction claim or a Public Records Act (Government Code Section 6250 et seq.) request. The Contractor will promptly furnish documents requested by the City at no cost. Additionally, the Contractor shall be subject to State Auditor examination and audit at the request of the City or as part of any audit of the City, for a period of three and one-half years after Final Acceptance under the Contract. The Contractor shall include a copy of this Section 7-6 in all contracts with its Subcontractors, and the Contractor shall be responsible for immediately obtaining those records or other written material from its Subcontractors upon a request by the State Auditor or the City. If the Project includes other auditing requirements, those additional requirements will be listed in the Special Provisions.
SECTION 8. FACILITIES FOR AGENCY PERSONNEL
The provisions below shall supplement but not replace those provisions in Section 8 of the Standard Specifications, unless specifically noted below.
8-1 GENERAL
The following paragraph shall be added following the first paragraph of Section 8-1:
No field offices for City personnel shall be required; however, City personnel shall have the right to enter upon the Project at all times and shall be admitted to the offices of the Contractor to use the telephone, desk and sanitary facilities provided by the Contractor for its own personnel.
SECTION 9. CONSTRUCTION AND DEMOLITION WASTE MANAGEMENT PLAN
9.1 GENERAL
To ensure that solid waste generated in the City is reduced, reused or recycled, the Contractor shall submit a “Waste Management Plan” (WMP) to the Engineer for review and approval, using the form found at the end of this Section 9. After the WMP has been reviewed by the Engineer, it will be returned to the Contractor in one of the following four status conditions:
“Approved”
“Further Explanation Required”: The Engineer will return the WMP to the Contractor with questions about the WMP. The Contractor shall resubmit plan with each of the City’s questions answered thoroughly.
“Denied”: The Engineer will indicate the reasons for denial. The Contractor shall then re- submit a new WMP that complies with the requirements of this Section or request an Infeasibility Exemption.
“Infeasibility Exemption Approved”
The Contractor shall follow the WMP and document results during demolition and construction.
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the City in accordance with Section 7.3.1 and 7.3.2 shall be withheld until final WMP is submitted to the City and approved by the City.
9-2 DEFINITIONS
a) “Construction” means the building of any facility or structure or any portion thereof including any tenant improvements to an existing facility or structure.
b) “Construction and Demolition Debris” means used or discarded materials removed from premises during construction of the Project.
c) “Conversion Rate” means the rate set forth in the standardized Conversion Rate Table approved by the City Council pursuant to this Section for use in estimating the volume or weight of materials identified in a Construction and Demolition Waste Reduction and Recycling Plan.
d) “Divert” means to use material for any purpose other than disposal in a landfill. Diversion credit is given for source reduction (waste reduction), recycling, and composting.
e) “Diversion Requirement” means the diversion of at least 65% of the total Construction and Demolition Debris generated by a Project via reduction (source reduction), reuse or recycling, unless the Contractor has been granted an Infeasibility Exemption, in which case the Diversion Requirement shall be the maximum feasible diversion rate established by the Engineer.
f) “Recycling” means the process of collecting, sorting, cleansing, treating, and reconstituting materials that would otherwise become solid waste, and returning them to the economic mainstream in the form of raw material for new, reused, or reconstituted products which meet the quality standards necessary to be used in the marketplace.
g) “Renovation” means any change, addition, or modification in an existing structure.
h) “Reuse” means further or repeated use of Construction or Demolition Debris. An example is the reuse of crushed concrete as road base or as aggregate on the construction site.
i) “Salvage” means the controlled removal of Construction or Demolition Debris from project for the purpose of recycling, reuse, or storage for later recycling or reuse.
j) “Construction and Demolition Waste Management Plan” means a completed form, approved by the Engineer for the purpose of compliance with this Section, submitted by the Contractor/Contractor for any Covered or Noncovered Project that indicates the estimated diversion that the Contractor/Contractor anticipates in diverting from disposal.
k) “Construction and Demolition Waste Management Report” means a completed form, approved by the Engineer for the pur pose of compliance with this Section, submitted by the Contractor for any Project that documents the disposal and diversion tonnages and destinations.
9-3 INFEASIBILITY EXEMPTION
a) Application. If the Contractor experiences unique circumstances that the Contractor believes make it infeasible to comply with the Diversion Requirement, the Contractor shall apply for an exemption at the time that it submits the WMP. The Contractor shall indicate on the WMP the maximum rate of diversion the Contractor believes is feasible for each material and the specific circumstances that the Contractor believes make it infeasible to comply with the Diversion 12100-0001\2654178v1.doc
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Requirement.
b) The Engineer shall review the information supplied by the Contractor and may meet with the Contractor t o discuss possible ways of meeting the Diversion Requirement. Based on the information supplied by the Contractor, the Engineer shall determine whether it is possible for the Contractor to meet the Diversion Requirement.
c) If the Engineer determines that it is infeasible for the Contractor to meet the Diversion Requirement due to unique circumstances, the Engineer shall determine the maximum feasible diversion rate for each material and shall indicate this rate on the WMP submitted by the Contractor. The Engineer shall return a copy of the WMP to the Contractor marked “Infeasibility Exemption Approved.”
d) Denial of Exemption. If the Engineer determines that it is possible for the Contractor to meet the Diversion Requirement, the Engineer shall so inform the Contractor in writing. The Contractor will have 15 days to resubmit a new WMP. If the Contractor fails to resubmit a new WMP, or if the resubmitted WMP does not comply with the requirements of the plan, the Engineer shall deny the WMP.
9-4 DIVERSION PROGRAM
The methodology used to calculate diversion is based on the Title 14, California Code of Regulations, Article 6.1 Solid Waste Generation Study, Section 18722 et seq, and is consistent with CalRecycle measurement protocols. The following equation defines the “Generation -Based Diversion Quantification Methodology”:
9-5 ADDITIONAL INFORMATION
Other materials to assist the Contractor in completing the WMP can be found on the City’s website at www.manhattanbeach.gov.
Construction and Demolition Debris Recycling Guide
Construction and Demolition Recycling Brochure
Generation = Disposal + Diversion
Diversion Rate (%) = Diversion Tons
Generation Tons
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CITY OF MANHATTAN BEACH
Construction & Demolition Waste Management Plan
Manhattan Beach Municipal Code 5.26 requires construction projects to reuse or recycle 65% of all construction site waste (all demolition and roof tear-off projects, and all construction with a total value of $100,000). 2-2 REQUIRED GOAL: REUSE OR RECYCLE A MINIMUM OF 65% OF ALL PROJECT WASTE
Instructions:
1. Complete entire WMP & submit to the Project Manager as a project submittal.
2. Reuse and/or recycle at least 65% of all construction site waste and keep good records of all facility waste tickets.
3. Submit a copy of this WMP and ALL recycling and landfill facility weight tickets before Final Inspection to the Project Manager as a new project submittal. A COPY OF THIS WMP AND RECEIPTS OF ALL RECYCLING AND DISPOSAL SHALL BE SUBMITTED BEFORE FINAL PAYMENT WILL BE MADE BY THE CITY.
Fines for Non-Compliance (MBMC 5.26.020): Demo projects up to $5,000 and Construction projects up to $10,000
Project Name:
Project Address:
Type of Project: [ ] Street Improvement [ ] Water Main [ ] Sewer Main [ ] Storm Drain [ ] Other
Total Bid Price: $
Requesting Infeasibility Exemption: [ ] Yes [ ] No
Contractor Name:
Address:
Recycler:
Contact Name:
Contact Phone:
Recycler Contact:
Recycler Address: Recycler Contact Phone:
CITY USE ONLY
Approved
Application (Date) Final (Date)
Further explanation needed (see attached)
Denied
Infeasibility Exemption Approved
Reviewed By
Submit this form and the attached Waste Management Plan Table to: Project Manager by email or Engineering Division, City of Manhattan Beach 3621 Bell Avenue, Manhattan Beach, CA 90266 12100-0001\2654178v1.doc
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CITY OF MANHATTAN BEACH
Construction & Demolition Waste Management Plan Table
Project Name:
Total Estimated Waste Generated by Project: _ (IN TONS). (Ask your hauler, recycler or site cleanup vendor to assist you. Use receipts from your previous jobs for estimates.) Complete and return with Building Permit Application Complete and return with receipts prior to final building approval
Material Type Estimated
Reused/
Recycled
Estimated
Disposed/
Landfilled
Vendor or Facility
to be Used
(Destination)
Actual
Reused/
Recycled
Actual
Disposed/
Landfilled
Vendor or Facility
Used (Destination)
Asphalt & Concrete
Bricks/Masonry/Tiles
Building Materials (doors,
windows, fixtures, etc.)
Cardboard
Concrete Pavement and
Grindings
Drywall (new, unpainted)
Asphalt Pavement
Grindings
Landscape Debris (Plant &
Tree Trimmings)
Scrap Metal
Unpainted Wood & Pallets
Other (painted wood &
drywall, roofing, etc.)
Mixed C&D*
Trash/Garbage
TOTAL
*Mixed C&D is defined as a mixture of three or more materials (e.g., wood, drywall, roofing, etc.) from construction or demolition sites that will be taken to a “qualified” facility for recycling. (See C&D Debris Recycling Guide.)
If you are requesting an infeasibility exemption and the estimated amount reused/recycled is less than 65%, please explain why (attach additional sheets if necessary):
If the actual amount reused/recycled is less than 65%, please explain why:
Prepared by (please print): Date:
Contractor Signature: Phone Number:
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Conversion Rates
The following conversion rates are estimates. The ranges vary widely, depending on how the materials are handled (compacted, loose, chipped, etc.). Use the conversion factors and receipts from any previous projects to help you estimate the potential amount of materials and diversion. Take into consideration the type and load of vehicles that will be used to haul the materials. Ask your hauler or recycler to assist you in estimating these numbers.
Material Lbs/cy Tons/cy
Asphalt 1,400 lbs/cy 0.7 tons/cy
Brick 2,430 lbs/cy 1.21 tons/cy
Cardboard 100 lbs/cy 0.05 tons/cy
Concrete 2,600 lbs/cy
(Sources range from1,000 to 4,000) 1.3 tons/cy
Dirt/Soils 2,660 lbs/cy 1.33 tons/cy
Drywall 700 lbs/cy 0.35 tons/cy
Wood (chipped) 300 – 650 lbs/cy 0.15 – 0.3 tons/cy
Mixed C&D Debris 900 lbs/cy 0.45 tons/cy
Mixed Waste/Trash 100 – 350 lbs/cy 0.5 – 0.175 tons/cy
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SECTION 10. ADDITIONAL TERMS
10-1 NONDISCRIMINATORY EMPLOYMENT
The Contractor shall not unlawfully discriminate against any individual based on race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation or military and veteran status. The Contractor understands and agrees that it is bound by and will comply with the nondiscrimination mandates of all statutes and local ordinances and regulations.
10-2 NOTICE TO PROCEED
Upon award of the Contract and signing the Contract Documents, the City shall issue the Contractor a Notice to Proceed. The City will not authorize any Work to be done under these Contract Documents before the Contract has been fully executed. Any Work that is done by the Contractor in advance of such time shall be considered as being done at the Contractor’s own risk and responsibility, and as a consequence will be subject to rejection.
10-3 CONTRACTOR’S RESPONSIBILITY FOR WORK
Until the final acceptance of the Work by the City as defined in Section 3 -13.2 of the General Provisions, by written action of the Engineer, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part of the Work by the action of the elements, criminal acts, or any other cause. The Contractor shall rebuild, repair, restore and make good all injuries or damages to any portion of the Work occasioned by any cause before its completion and acceptance and shall bear the expense thereof, except for such injuries or damages arising from the sole negligence or willful misconduct of the City, its officers, ag ents or employees. In the case of suspension of Work from any cause whatever, the Contractor shall be responsible for all materials and the protection of Work already completed, shall properly store and protect them if necessary, and shall provide suitable drainage and erect temporary structures where necessary.
10-4 PROCEDURE IN CASE OF DAMAGE TO PUBLIC PROPERTY
Any portions of curb, gutter, sidewalk or any other City improvement damaged by the Contractor during the course of construction shall be replaced by the Contractor at its own cost. The cost of additional replacement of curb, gutter or sidewalk in excess of the estimated quantities shown in the Bid form and Specifications, and found necessary during the process of construction (but not due to damage resulting from carelessness on the part of the Contractor during its operation), shall be paid to the Contractor at the unit prices submitted in its Bid.
10-5 REMOVAL OF INTERFERING OBSTRUCTIONS
The Contractor shall remove and dispose of all debris, abandoned structures, tree roots and obstructions of any character encountered during the process of excavation.
It is understood that the cost of any such removals are made a part of the unit price bid by the Contractor under the item for excavation or removal of existing Work. 12100-0001\2654178v1.doc
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10-6 SOILS ENGINEERING AND TESTING
An independent certified materials testing firm must be retained by the Contractor to perform materials tests and applicable special inspections during the Contractor’s entire operation to ascertain compliance with the Contract requirements. If the initial tests do not meet the Contract requirements, the Contractor shall bear the cost of all subsequent tests.
The Contractor shall provide a copy of the testing and inspection reports to the Engineer within 24 hours upon receipt.
If the City requires other tests or more specific requirements for testing regarding this Project, those details will be included in the Special Provisions.
10-7 ACCESS TO PRIVATE PROPERTY
Unless otherwise stated in the Special Provisions, the Contractor shall be responsible for all fees and costs associated with securing permission to access private property for any portion of the Project.
All driveway access must remain open at all times. With the approval of the Engineer, flaggers may be used during work hours. Outside work hours steel plate texture pin in -place or other measures may be utilized to facilitate full unrestricted access. All streets and alleys must be plated, cleaned up, and ready for traffic at the end of each workday, unless otherwise allowed by the City Engineer.
Vehicular and pedestrian access to adjacent properties shall be provided at all times. Closed sidewalks shall be posted with “SIDEWALK CLOSED” signs at each approach to the closure and an approved alternative route provided with directional signs.
10-8 WORKING DAYS AND HOURS
The Contractor shall do all Work between the hours of 7:30 a.m. to 4:30 p.m., Monday throug h Friday.
Streets within the limits of work may be classified as collector or above (including, but not limited to, 15 th Street, Highland Avenue, Rosecrans Avenue, Marine Avenue, Manhattan Avenue , Manhattan Beach Boulevard), and shall have all travel lanes open between 5:00 a.m. and 8:30 a.m. and between 3:30 p.m. and 9:00 p.m. One travel lane in each direction shall be open at all times between 8:30 a.m. and 3:30 p.m. unless otherwise indicated on plans or approved by City Engineer. With the approval of the Engineer, flaggers may be used if one lane in each direction cannot be kept open. All traffic lanes shall be open before and after work hours.
Construction work within any designated safe route pedestrian pathways:
No travel lanes, pedestrian crossings or other means of accessibility to any school facilities shall be disturbed by construction activities between 7:30 AM to 8:30 AM and 1:30 PM to 3:30 PM on school days unless otherwise approved by the City Traffic Engineer. Contractor shall coordinate all work in the vicinity of schools with the school administrators to minimize construction impacts on special dismissal and event days.
No Work will be allowed on Saturday, Sunday or City holidays listed on the City’s website unless specifically mentioned in the Contract Documents or authorized by the City Engineer.
In addition, no Work will be allowed on any election or special election day that may be declared 12100-0001\2654178v1.doc
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within a 300 -foot radius of any voting location or in any locatio n that will disturb access to any voting location, as determined and directed by the City Engineer. If the Work is within the 300-foot radius or disturbs access to any voting location, as determined by the City Engineer, a time extension of one Working Day will be granted for each such Day that Work cannot be performed.
A permit may have other hours or Days for the Contractor to do the Work, and those hours and Days shall supersede any hours a nd Days written in this Section, unless approved by the Engineer.
Whenever the Contractor is permitted or directed to perform night Work or to vary the period during which Work is performed during the Working Day, the Contractor shall give 24 hours’ notice to the Engineer so that inspection may be provided. Charges to the Contractor for inspection will be incurred as stated in Section 6-2.1.
10-9 CLAIM DISPUTE RESOLUTION
In the event of any dispute or controversy with the City over any matter whatsoever, the Contractor shall not cause any delay or cessation in o r of Work, but shall proceed with the performance of the Work in dispute. The Contractor shall retain any and all rights provided that pertain to the resolution of disputes and protests between the parties. The Disputed Work will be categorized as an “unresolved dispute” and payment, if any, shall be as later determined by mutual agreement or a court of law. The Contractor shall keep accurate, detailed records of all Disputed Work, claims and other disputed matters.
All claims arising out of or related to the Contract Documents or the Project, and the consideration and payment of such claims, are subject to the Government Claims Act (Government Code Section 810 et seq.) with regard to filing claims. All such claims are also subject to Public Contract Code Section 9204 and Public Contract Code Section 20104 et seq . (Article 1.5), where applicable. The Contract hereby incorporates those provisions as though fully set forth herein.
Thus, the Contractor or any Subcontractor must file a claim in ac cordance with the Government Claims Act as a prerequisite to filing a construction claim in compliance with Section 9204 and Article 1.5 (if applicable), and must then adhere to Article 1.5 and Section 9204, as applicable, pursuant to the definition of “claim” as individually defined therein.
10-10 THIRD PARTY CLAIMS
The City shall have full authority to compromise or otherwise settle any claim relating to the Project at any time. The City shall timely notify the Contractor of the receipt of any third -party claim relating to the Project. The City shall be entitled to recover its reasonable costs incurred in providing this notice.
10-11 COMPLIANCE WITH LAWS
The Contractor shall comply with all applicable federal, State and local laws, ordinances, codes and regulations in force at the time the Contractor performs pursuant to the Contract Documents.
10-12 CONTRACTOR’S REPRESENTATIONS
By signing the Contract, the Contractor represents, covenants, agrees, and declares under penalty of perjury under the laws of the State of California that: (a) the Contractor is licensed, qualified, and capable of furnishing the labor, materials, and expertise necessary to perform the services in accordance with the terms and conditions set forth in the Contract Documents; (b) there are no obligations, commitments, or impediments of any kind that will limit or prevent its full performance under the Contract Documents; (c) there is no litigation pending against the 12100-0001\2654178v1.doc
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Contractor that could adversely affect its performance of the Contract, and the Contractor is not the subject of any criminal investigation or proceeding; and (d) to the Contractor’s actual knowledge, neither the Contractor nor its personnel have been convicted of a felony.
10-13 CONFLICTS OF INTEREST
The Contractor agrees not to accept any employment or representation during the term of the Contract or within 12 months after acceptance as defined in Section 3 -13.2 of the General Provisions that is or may likely make the Contractor “financially interested,” as provided in Government Code Sections 1090 and 87100, in any decisions made by the City on any matter in connection with which the Contractor has been retained pursuant to the Contract Documents.
10-14 APPLICABLE LAW
The validity, interpretation, and performance of these Contract Documents shall be controlled by and construed under the laws of the State of California, excluding California’s choice of law rules.
Venue for any such action relating to the Contract shall be in the Los Angeles County Superior Court.
10-15 TIME
Time is of the essence in these Contract Documents.
10-16 INDEPENDENT CONTRACTOR
The Contractor and Subcontractors shall at all times remain, as to the City, wholly independent contractors. Neither the City nor any of its officials, officers, employees or agents shall have control over the conduct of the Contractor, Subcontractors, or any of their officers, employees, or agents, except as herein set forth, and the Contractor and Subcontractors are free to dispose of all portions of their time and activities that they are not obligated to devote to the City in such a manner and to such Persons that the Contractor or Subcontractors wish except as expressly provided in these Contract Documents. The Contractor and Subcontractors shall have no power to incur any debt, oblig ation, or liability on behalf of the City, bind the City in any manner, or otherwise act on behalf of the City as agents. The Contractor and Subcontractors shall not, at any time or in any manner, represent that they or any of their agents, servants or employees, are in any manner agents, servants or employees of the City. The Contractor and Subcontractors agree to pay all required taxes on amounts paid to them under the Contract, and to indemnify and hold the City harmless from any and all taxes, assessments, penalties, and interest asserted against the City by reason of the independent contractor relationship created by the Contract Documents. The Contractor shall include this provision in all contracts with all Subcontractors.
10-17 CONSTRUCTION
In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of these Contract Documents shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Contract Documents or who drafted that portion of the Contract Documents.
10-18 NON-WAIVER OF TERMS, RIGHTS AND REMEDIES
Waiver by either party of any one or more of the conditions of performance under these Contract Documents shall not be a waiver of any other condition of performance under these Contract 12100-0001\2654178v1.doc
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Documents. In no event shall the making by the City of any payment to the Contractor constitute or be construed as a waiver by the City of any breach of covenant, or any default that may then exist on the part of the Contractor, and the making of any such payment by the City shall in no way impair or prejudice any right or remedy available to the City with regard to such breach or default.
10-19 TERM
The Contract is effective as of the Effective Date listed, and shall remain in full force and effect until the Contractor has fully rendered the services required by the Contract Documents or the Contract has been otherwise terminated by the City. However, some provisions may survive the term listed within this Section, as stated in those provisions.
10-20 NOTICE
Except as otherwise required by law, any notice or other communication authorized or required by these Contract Documents shall be in writing and shall be deemed received on (a) the day of delivery if delivered by hand or overnight courier service during the City’s regular business hours or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses listed on the Contractor’s Bid and City Hall, or at such other address as one party may notify the other.
10-21 SEVERABILITY
If any term or portion of these Contract Documents is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of these Contract Documents shall continue in full force and effect.
10-22 REQUIREMENT TO MITIGATE THE SPREAD OF COVID-19
The Contractor and all Subcontractors for the Work shall comply with all applicable Federal, State, Los Angeles County, and City statutes, regulations, orders, and ordinances regarding COVID-19 Infection Prevention. This requirement specifically includes, without limitation, compliance with the “Revised Emergency Temporary Standards” issued by the California Department of Industrial Relations, Division of Occupational Safety and Health and Safety on May 6, 2022 and as may be amended from time to time by the Department.
Prior to the pre -construction meeting, the Contractor shall subm it to the City a “COVID -19 Mitigation Program” implementing these requirements and shall post the COVID -19 Mitigation Program on the project site in a manner designated by the City’s Project Manager. The failure of employees or workers of the Contractor and all subcontractors on the Work to comply with these requirements shall be a default per Section 6-7.1, and may also result in a suspension of the Work pursuant to Section 6-6. Contractor acknowledges that, in the event that the Engineer suspends the Work as a result of such failure by Contractor or one of its subcontractors to comply with these requirements, City is not responsible for the delay, and that pursuant to Section 6 -6.1 the Contractor is not entitled to compensation. The Contractor shall also pay to the City the costs and expenses incurred by the City resulting from the failure of employees of the Contractor and all subcontractors on the Work to comply with these requirements including, but not limited to, the salaries and benefits for City employees who are unable to work due to exposure to COVID -19 as a result of such failure, and workers compensation benefits and expenses. Delays in the Work resulting from Contractor’s or its subcontractor’s failure to comply with these regulations shall not be considered an unforeseen event entitling Contractor to an extension of time or payment for delay pursuant to Section 6-4 of the Standard Specifications. 12100-0001\2654178v1.doc
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PART 2 - CONSTRUCTION MATERIALS
The corresponding provisions in Part 2 (Construction Materials) of the Standard Specifications are incorporated, except as otherwise indicated herein. In the event of any conflict between the Standard Specifications and these Special Provisions, these Special Provisions shall control.
SECTION 201 – CONCRETE, MORTAR, AND RELATED MATERIALS
201-1 PORTLAND CEMENT CONCRETE
201-1.1 Requirements
201-1.1.1 General
The following paragraph shall be added to the last paragraph:
The Contractor shall furnish the Engineer wit h a copy of the mix design to be used and with a legible, certified weight -master’s certificate for each load of Portland Cement Concrete (PCC) delivered to the project. Concrete delivered to the project site having a water content and/or slump greater than the specified in the mix design shall be rejected and removed from the project site.
201-1.1.2 Concrete Specified by Class and Alternate Class
The following paragraph shall be added:
Portland Cement Concrete (PCC) Mix Design:
All concrete shall be 560-C-3250 PCC in accordance with the City of Manhattan Beach Standard Plans. Design mix shall be approved by the City Engineer prior to purchase or placing of concrete.
SECTION 214 - TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND
PAVEMENT MARKERS
214-5 THERMOPLASTIC MATERIAL FOR TRAFFIC STRIPING AND MARKINGS 214-5.1 General
Delete 1st Paragraph and add the following:
Thermoplastic material shall conform to State Specification PTH-02ALKYD.
Concrete Curb Painting shall be as follows:
Red: Ennis-Flint WB RED 7004PLUS SEMIGLOSS or approved equal.
Yellow: Ennis-Flint WB YEL CA PTWB-01 or approved equal.
White: Ennis-Flint WB WHT CA PTWB-01 or approved equal.
Black: Ennis-Flint WB BLK CA PTWB-01 or approved equal.
Blue: Ennis-Flint 6006 – Blue or approved equal
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PART 3 - CONSTRUCTION METHODS
The corresponding provisions in Part 3 (Construction Methods) of the Standard Specifications are incorporated, except as otherwise indicated herein. In the event of any conflict between the Standard Specifications and these Special Provisions, these Special Provisions shall control.
SECTION 300 - EARTHWORK
300-1 CLEARING AND GRUBBING
300-1.1 General
Add the following:
All existing PCC pavement to be removed shall be done by sawcut full depth, to a true line where new concrete pavement is to join. Removal of PCC items shall include the removal of underlying base to a depth necessary to construct new structure.
No tree roots are to be trimmed/pruned/cut without prior written approval from the City’s arbori st, Ernest Area (310) 802-5305. Removal and haul away of interfering tree and groundcover roots shall be performed under the supervision of the City’s arborist.
The Contractor shall remove all debris by the end of each workday.
300-1.4 Payment
Delete and replace with the following:
All unit bid items prices shall include the full compensation for clearing and grubbing including saw cutting, breaking, removal, tree root pruning/cut, and haul away required to perform the construction specified, and shall be considered included in the pri ce for various items of work. No additional compensation will be allowed, except for other removal items under the Contractor’s Proposal Bid Schedule and shall be paid as indicated therein.
300-2 UNCLASSIFIED EXCAVATION.
300-2.1 General
Add the following:
Contractor shall be aware that the soil conditions in the project are very sandy and collapsible.
Contractor shall use appropriate construction methods for this soil type when performing Work including, but not limited to, removing and replacing PCC curb, gutter, PCC pavement, asphalt and sidewalk.
300-2.2 Unsuitable Material.
300-2.2.1 General.
Add the following:
Roadway Excavation locations shall be performed at locations as directed by the engineer.
Where a portion of existing surfacing is to be removed, the outline of the area to be removed shall be cut on a neat line with a power-driven saw to a depth as specified in City Standard Plans before 12100-0001\2654178v1.doc
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removing the surfacing. The Contractor will be required to sawcut the pavement where the join line or cut line is cold milled, unless otherwise directed by the Engineer.
300-2.8 Measurement.
Add the following:
h) Removal of bituminous pavement, as directed by the engineer. i) Removal of concrete pavement, as directed by the engineer.
300-2.9 Payment.
Replace the first paragraph with the following:
The cost of unclassified excavation s are included in various applicable bid items in the Construction’s Proposal Bid Schedule. Payment shall include compensation for excavating, sloping, rounding tops and ends of excavations, loading, fill, disposing of surplus material, stockpiling, and hauling it to its final location.
300-3 STRUCTURE EXCAVATION AND BACKFILL
300-3.1 General.
Add the following:
PCC work such as curb ramps, driveways, curb and gutter, sidewalk, streets, and other structures shall follow the City of Manhattan Beach Standard Plans.
300-3.6 Payment.
Add the following:
There will be no payment for structural excavation and backf ill. Cost of structural excavation and structural backfill shall be considered included in the applicable bid items.
SECTION 302 – ROADWAY SURFACING
SECTION 302-5 - ASPHALT CONCRETE PAVEMENT
302-5.1 General
Change the last sentence to the following:
Asphalt concrete shall be Type III -C3-PG64-10 for surface course a s shown in Manhattan Beach Standard Plan MBSI-132A-0 (ST-10) or as specified herein. The use of slag aggregate for asphalt concrete is expressly prohibited.
Add the following:
The combined aggregate grading for asphalt concrete placed on miscellaneous areas shall conform to the gradation for the asphalt concrete placed on the traveled way, unless otherwise directed by the Engineer. The amount of asphalt binder used in the asphalt concrete placed in dikes, gutters, gutter flares, oversize drains and aprons at the ends of drainage structures, unless otherwise directed by the Engineer, shall be increased one per cent (1%) by weight of the aggregate over 12100-0001\2654178v1.doc
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the amount of asphalt binder used in the asphalt concrete placed on the traveled way.
302-5.4 Tack Coat
Replace the second paragraph with the following:
A similar tack coat shall be applied to all surfaces that are to be overlaid unless otherwise directed by the Engineer.
302-5.5 Distribution and Spreading
Add the following:
The asphalt concrete to be placed in areas which are designated by the City Engineer as miscellaneous areas may be spread in one layer. The material shall be compacted to the required lines, grades and cross section. Miscellaneous replacement areas shall be placed on subgrade which has been compacted to 95% relative compaction.
When placing asphalt concrete to the lines and grades as approved by the Engineer, the automatic screed controls shall control the longitudinal grade and transverse slope of the screed. Grade and slope references shall be furnished, installed, and maintained by the Contractor. The Contractor shall use a ski device, the minimum length of the ski device shall be 30 feet. The ski de vice shall be a rigid one -piece unit and the entire length shall be utilized in activating the sensor. The Contractor may use a laser to control the screed.
When placing the initial mat of asphalt concrete on existing pavement, the end of the screed nearest the center line shall be controlled by a sensor activated by a ski device not less than 30 feet long.
The end of the screed farthest from center line shall be controlled by an automatic transverse slope device set to reproduce the cross slope approved by the Engineer.
When paving contiguously with previously placed mats, the end of the screed adjacent to the previously placed mat shall be controlled by a sensor that responds to the grade of the previously placed mat and will reproduce the grade in the new mat within a 0.01 feet tolerance. The end of the screed farthest from the previously placed mat shall be controlled in the same manner as when placing the initial mat.
302-5.6 Rolling
302.5.6.1 General
Add the following:
The Contractor shall furnish a sufficient number of rollers to obtain the specified compaction and surface finish required by the Standard Specifications and these Special Provisions.
Pneumatic rollers shall be required on lower layer only.
Initial breakdown compaction shall consist of a minimum of three (3) coverages of a layer of asphalt mixture. A pass shall be a movement of rolling in both directions over the same path. Coverage shall consist of as many passes as are necessary to cove r the entire width being paved. Overlap between passes during coverage, made to ensure compaction without displacement of material in accordance with good rolling practice, shall be considered to be part of the coverage being made and not part of a subsequent coverage.
Each coverage shall be completed before subsequent coverages are started. 12100-0001\2654178v1.doc
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All joints shall be sealed after rolling.
302.5.6.2 Density and Smoothness.
Add the following:
The completed surfacing shall be thoroughly compacted, smooth and free from r uts, humps, depressions or irregularities. Any ridges, indentations or other objectionable marks left in the surface of the asphalt concrete shall be eliminated by rolling or other means. The use of any equipment that leaves humps, ridges, irregularities, indentations or other objectionable marks in the asphalt concrete shall be discontinued, and acceptable equipment shall be furnished by the Contractor.
The transverse slope of the finished surface shall be uniform to a degree such that no depressions greater than 0.01 feet are present when tested with a straightedge 10 feet long, laid in a direction transverse to the center line.
If the test results for any lot of asphalt concrete indicate that the relative compaction is below 95.0 percent (95%), the Contractor will be advised that he /she is not attaining the required relative compaction and that materials, procedures, or both, need adjustment. Asphalt concrete spreading operations shall not continue until the Contractor has notified the Engineer of the adjustment that will be made in order to meet the required compaction.
302-5.9 Measurement and Payment.
Replace the subsection with the following:
The unit price paid per square yard of Type III C3 -PG64-10 Asphalt Concrete Pavement shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in constructing asphalt concrete complete in place, and no additional compensation will be allowed therefor.
SECTION 302-6 PORTLAND CEMENT CONCRETE PAVEMENT
302-6.1 General
Add the following:
Replace the Portland Cement Concrete (PCC) Pavement to match the existing depth of PCC plus 1”. The PCC pavement shall be of Concrete Class No. 560-C-3250. See City of Manhattan Beach Standard Plan MBSI-133A-1. All traffic striping, paint, and/or markings removed by restoration work shall be replaced as specified in Standard Specifications for Public Works Construction “Greenbook” Specifications and Section 214 of these Special Provisions.
302-6.3 Placing Concrete
Add the following:
Advise the Engineer at least 48 hours before concrete placement.
Testing responsibility of Contractor – Conduct a minimum of one density test during each day’s placement in accordance with ASTM C172 and C 138/C 138M following procedures described in ASTM C 29/C 29M, Jigging Procedures. Determine density using a minimum 0.25 ft³ cylindrical metal measure. Fill and compact the measure in accordance with ASTM C29/c 29M, Jigging procedure.
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302-6.5.2 Construction Joints
Replace paragraph two with the following:
Longitudinal construction joints shall be constructed as a plain face.
Longitudinal Joints shall be constructed in multiples of 10’ not exceeding 12’.
302-6.5.3 Transverse Expansion Joints
Add the following:
Transverse joints shall be placed at right angles to longitudinal joints at intervals not exceeding 14’.
Concrete restoration must be doweled to existing concrete pavement with #4 epoxy coated dowels at 16”O.C. and minimum embedment of 4”.
Expansion joint filler and join sealants shall be install by S ection 201 -3 of the Standard Specifications. The joint sealant shall be a two-component, non-sag traffic-grade material. It shall be applicable in horizontal, vertical, and overhead joints. The sealant shall be principally a chemical cure to form an elastomeric substance.
302-6.5.4 Weakened-Plane Joints
Add the following:
Weakened – Maximum intervals shall be 12’.
Expansion joint filler and join sealants shall be installed per section 201 -3 of the Standard Specification. The joint sealant shall be a two -component, non-sag traffic-grade material. It shall be applicable in horizontal, vertical, and overhead joints. The sealant shall be principally a chemical cure to form an elastomeric substance.
302-6.6 Curing
Add the following:
Provide high early strength set-accelerating admixture options. The set-accelerating admixture shall be non-chloride set accelerator and shall not contain purposely added chlorides or contribute to steel corrosion.
Chemical admixture shall be used in accordance with 201-1.2.4 and at the manufacturer’s specified dosage rate.
302-6.7 Traffic and Use Provisions
Add the following:
Pavement constructed of concrete which has been treated in acc ordance with 201-1 to obtain an early increase in strength may be opened to traffic 3 days after it is placed, or as directed by the Engineer.
302-6.8 Measurement and Payment
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Replace the first sentence with the following:
Payment for concrete pavement will be made as shown on the Bid unit price in the bid schedule and shall include all related debris removal, grad ing, edge form work, mobilization, traffic control and erosion control, parking striping, street markings, curb paint, saw cutting, expansion joint filler, joint sealer, base material, steel plates texture, and other related appurtenances integral to the proposed PCC rehabilitation and shall be considered full compensation for furnishing all labor, materials, tools, equipment, and incidentals to accomplish the work as specified in these project plans and provision and no additional compensation shall be allowed.
Add the following:
Unused material which is delivered to the project site that is rejected or is in excess of that actually needed, will not be paid for by the City.
SECTION 303 - CONCRETE AND MASONRY CONSTRUCTION
SECTION 303 -5 - CONCRETE CURBS , WALKS, GUTTERS, CR OSS GUTTERS, ALLEY
INTERSECTIONS, ACCESS RAMPS, AND DRIVEWAYS
303-5.1 Requirements
303-5.1.1 General
The second paragraph shall be deleted and replaced with the following:
The thickness, texture, and color (to match existing color) of sidewalks, curb, gutters, driveways, cross gutters, and access ramps, shall be as shown on the applicable City Standard Plans provided in Appendix III.
No concrete shall be ordered and/or poured until the forms and subgrade have been inspected and approved by the Engineer in th e field. All pull boxes, water meter boxes, and water valve covers shall be adjusted to proposed finish grade and approved by the Engineer in the field prior to placement of concrete.
303-5.5.5 Alley intersections, Access Ramps and Driveways
Add the following:
ADA Curb Ramp Compliance and Installation:
The Contractor shall install access ramps with American Disability Act (ADA) Standards/California Code of Regulations (CCR) Title 24 – Accessibility Regulations appr oved cast-in place/wet set detectable warning surface (truncated domes) and per the l atest edition of applicable Caltrans Standard Plans. The Contractor shall extend the new ramp for all curb ramp case types up to 15 feet from the edge of landing to satisf y ADA slope and the Department of Justice requirement to the maximum extent possible.
The Contractor shall verify on site all existing elevations for the installation/modification of the curb ramps and sidewalk transition panels and verify that all des ign grades are achievable with site conditions. The installation of the curb ramp shall maintain all existing cross gutter, flow line and lip of gutter elevations and grades and shall be in compliance with all applicable ADA standards.
Written approval from the Engineer is required prior to construction of curb ramps.
When directed by the Engineer, the Contractor shall hire a registered Civil Engineer to custom design curb ramps to ensure ADA compliance. The contractor needs to reconstruct the ramps to 12100-0001\2654178v1.doc
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the “maximum extent possible” as designed, signed, and stamped by his/her registered engineer .
Configuration of all ramps designed by the Contractor’s engineer shall be documented by an ADA Ramp and Driveway Compliance Memo. A memo template is included in Appendix IV.
Work under the bid item to Custom Design Curb Ramps by Registered Civil Engineer to Ensure ADA compliance, shall include full compensation for furnishing labor, materials, tools and incidentals, and for performing all work involved in the design of the curb ramp by the registered civil engineer to ensure ADA compliance, complete as specified herein; including but not limited to research of record drawings, survey, design, ensuring ADA compliance, or if not achievable due to existing site conditions design to the maximum extent possible, coordination, submittals, and approval with/from the City, construction support, preparation, signature, creation and stamp of the as-built memorandum (see Appendix IV), and other appurtenance to complete work. Payment for custom design curb ramps is per each curb ramp upon full completion of all work associated wi th this bid item.
Work under the bid item to Furnish and Install PCC ADA compliant curb ramp shall include full compensation for furnishing labor, materials, tools and incidentals, and for performing all work involved in the construction of new ADA curb ramps, complete as specified herein; including but not limited to, traffic control, construction survey, saw -cutting, removal and disposal, excavation, forming, pavement restoration, detectable warning surface, support of adjacent structures (protection, restoration, grading, irrigation turf replacement), concrete, backfill, and compaction to the satisfaction of the Engineer.
303-5.3 Placing Concrete
Add the following:
Advise the Engineer at least 48 hours before concrete placement.
Testing responsibility of Contractor – Conduct a minimum of one density test during each day’s placement in accordance with ASTM C172/C172M and C138/C138M following procedures described in ASTM C29/C29M, Jigging Procedures. Determine density using a minimu m 0.25 ft³ cylindrical metal measure. Fill and compact the measure in accordance with ASTM C29/C29M, Jigging procedure.
303-5.4 Joints
303-5.4.1 General
Add the following:
Refer to the Applicable City Standard Plans Appendix III.
303-5.5 Finishing
303-5.5.1 General
Add the following:
Finishing: Concrete shall be distributed uniformly between forms or saw cut joints as soon as placed, struck off and tamped. After tamping, surface shall be floated and finished. Finish shall match existing concrete as closely as practical. Work surface shall be free of any unevenness greater than1/8-inch when checked with a 10’ straightedge or string line. Refer to the Applicable City Standard Plans Appendix III.
303-5.6 Curing
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Add the following:
Where applicable, p rovide high early strength set -accelerating admixture options. The set - accelerating admixture shall be non-chloride set accelerator and shall not contain purposely added chlorides or contribute to steel corrosion.
Chemical admixture shall be used in accordance with 201-1.2.4 and at the manufacturer’s specified dosage rate.
303-5.9 Measurement and Payment
Replace the section with the following:
Payment for concrete curbs and gutter, sidewalks, cross gutters, driveways and access ramps will be made as shown in the bid schedule and shall include all related debris removal, root pruning, grading, edge form work, traffic control, parking striping, curb paint, removal and restoration of adjacent asphalt (Type III C3-PG64-10) slot cut patch restoration, saw cutting, expansion joint filler, joint sealer, base material, steel plates texture, and other related appurtenances integral to the proposed PCC rehabilitation and shall be considered full compensation for furnishing all labor, materials, tools equipment and incidental to accomplish the work as specified in these project plans and provision and no additional compensation shall be allowed.
Unused material which is deliver ed to project site that is rejected or is in excess of that a ctually needed will not be paid for by the City.
303-8 PERVIOUS CONCRETE.
303-8.1 General.
Replace the section with the following:
Pervious concrete shall conform to 201 -1.1.6. Pervious concrete shall be constructed a minimum of 6 inches thick unless.
Contractor qualification
The Contractor shall employ no less than one National Ready Mixed Concrete Association (NRMCA) certified pervious concrete craftsman or equivalent who must be onsite overseeing each placement crew during all concrete placement , or the Contractor shall employ no less than five NRMCA certified Pervious Concrete Technicians, or equivalents, who shall be on site working as members of each placement crew during all concrete placement unless otherwise specified.
The Contractor shal l t est and inspect concrete materials and operations as Work progresses.
Failure to detect defective Work or material early will not prevent rejection if a defect is discovered later, nor shall it constitute final acceptance.
Testing agencies
Agencies that perform testing services on concrete materials shall meet the requirements of ASTM C 1077. Agencies inspecting the Work shall meet the requirements of ASTM E 329. Testing agencies performing the testing shall be accepted by City Engineer before performing any Work.
1. Field tests of concrete required shall be performed by an individual certified as an NRMCA Certified Pervious Concrete Technician or equivalent and an ACI Concrete Field Testing Technician – Grade 1 or equivalent.
Testing
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1. Conduct a minimum of one density test during each day’s placement in accordance with ASTM C 172 and C 138/C 138M following the consolidation procedures described in ASTM C 29/C 29M, Jiggi ng Procedure. Determine density using a minimum 0.25 ft3 (0.007 m3) cylindrical metal measure. Fill and compact the measure in accordance with ASTM C 29/C 29M, Jigging Procedure.
a. Fresh density shall be within ±5 lb/ft3 (80 kg/m3) of the specified density.
2. Remove three cores from each lot of 5000 ft2, in accordance with ASTM C 42 /C 42M not less than 7 days after placement of the pervious concrete. Select three locations in accordance with ASTM D 3665. Measure the cores for thickness (ASTM 42/C 42M) and density (ASTM C 140). After thickness determination, trim and measure the cores for density in the saturated condition, Saturation, of ASTM C 140. Immerse the trimmed cores in water for 24 hours, drain for 1 minute, and remove surface water with a damp cloth, then weigh immediately.
Tolerance for thickness and density reported as the average of three cores of each lot shall be as follows:
a. The average compacted thickness shall not be 1/4 in. (6 mm) less than the specified thickness, with no single core exceeding 1/2 in. (13 mm) less than the specified thickness; nor the average compacted thickness more than 1-1/2 in. (38 mm) more than the specified thickness.
b. Hardened density shall be within ±5 lb/ft3 (80 kg/m3) of the specified density.
When a lot is outside one or more of the limits, the lot shall be rejected, removed, and replaced at the Contractor’s expense.
Core holes shall be filled with concrete.
Referenced standards
Standards of ACI and ASTM referred to in this specifica tion are listed with serial designation including year of adoption or revision, and are part of this specification.
ACI standards (latest editions available)
ASTM standards (latest editions available)
C 29/C 29M Test Method for Bulk Density (Unit Weight) and Voids in Aggregate
C 33 Specification for Concrete Aggregates
C 42/C 42M Test Method for Obtaining and Testing Drilled Cores and Sawed Beams of Concrete
C 94/C 94M Specification for Ready-Mixed Concrete
C 138/C138M Test Method for Density (Unit Weight), Yield and Air Content (Gravimetric) of Concrete
C 140 Test Method for Sampling and Testing Concrete Masonry Units and Related Units
C 172 Practice for Sampling Freshly Mixed Concrete
C 174/C174M Test Method for Measuring Thickness of Concrete Elements Using Drilled Concrete 12100-0001\2654178v1.doc
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Cores
C 494/C 494/M Specification for Chemical Admixtures for Concrete
C 1077 Practice for Laboratories Testing Concrete and Concrete Aggregates for Use in Construction and Criteria for Laboratory Evaluation
C 994 Specification for Preformed Expansion Joint Filler for Concrete (Bituminous Type)
D 1751 Specification for Preformed Expansion Joint Filler for Concrete Paving and Structural Construction (Nonextruding and Resilient Bituminous Types)
D 1752 Specification for Preformed Sponge Rubber Cork and Recycled PVC Expansion Joint Fillers for Concrete Paving and Structural Construction
D 3385 Test Method for Infiltration Rate of Soils in Field Using Double-Ring Infiltrometer
D 3665 Practice for Random Sampling of Construction Materials
E 329 Specification for Agencies Engaged in Construction Inspection and/or Testing
303-8.5 Placement.
Add the following:
Products
Pervious Concrete: Comply with ASTM C 94/C 94M
Filter Fabric shall be MIRAFI 140N or approved equivalent.
Subgrade and Base preparation
Prepare subgrade and base as specified in the Manhattan Beach Standard Drawing MBSI-123A.
Batching, Mixing and Delivery
Batch and mix in compliance with ASTM C 94/C 94M except that discharge shall be completed within 60 minutes of the introduction of mixture water to the cement. Increase time to 90 minutes when using an extended set control admixture meeting the requirements of ASTM C 494/C, 494M, Type B. Water addition, in accordance with ASTM C 94/C 94M, is permi tted at the point of discharge. Do not exceed the maximum water -cementitious material ration (w/cm) specified or submitted.
303-8.6 Joints.
Add the following:
Refer to Greenbook unless otherwise noted in the Manhattan Beach Standard Plan MBSI-123A.
303-8.7 Curing.
Replace the first two sentences with the following:
Begin curing within 20 minutes of concrete discharge unless longer working time is accepted by the City Engineer. Completely cover the pavement surface with a minimum 6 mil (0.15 mm) thick polyethylene sheet. Cut sheeting to a minimum of a full placement width. Cover all exposed edges of pavement with polyethylene sheet. Secure curing cover material without using dirt. Cure pavement for a minimum of 7 uninterrupted days, unless otherwise specified. 12100-0001\2654178v1.doc
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Add the following:
Opening to traffic
Do not open the pavement to bicycle or pedestrian traffic until the concrete has cured for at least 7 uninterrupted days and until the pavement is accepted by the Engineer for opening to traffic.
303-8.9 Measurement.
Replace with the section with the following:
Pervious concrete shall be measured by the linear foot as shown on the plans. Material which is delivered to the project site and not used or is rejected and specifically, material which is delivered to the site in excess of that actually needed, will not be paid for by the City.
303-8.10 Payment.
Replace with the section with the following:
Payment for construction of 2’ wide pervious concrete gutter shall be made at the contract bid unit price as shown in the bid schedule and shall include all relat ed traffic control, debris removal, grading, edge form work, landscaping, irrigation and other related appurtenances per the standard plan and shall include the pervious concrete material and placement, crushed aggregate base material and compaction, filte r fabric and shall be considered full compensation for furnishing all labor, materials, tools, equipment and incidentals to accomplish the work as specified in these project plans and provisions and no additional compensation shall be allowed.
SECTION 314 – TRAFFIC STRIPING, CURB AND PAVEMENT MARKINGS, AND PAVEMENT
MARKERS
314-1 GENERAL
Replace the first paragraph with the following:
The work shall consist of the removal and application of the traffic striping (striping), curb and pavement markings (markings), and pavement markers at all locations disturbed by Work.
Thermoplastic striping, markings, and markers shall be used and may be applied a minimum of seven (7) days after the concrete paving operations. Curb painting shall be applied a minimum of seven (7) days after the concrete operations.
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PART 4 - EXISTING IMPROVEMENT
The corresponding provisions in Part 4 (Existing Improvement) of the Standard Specifications are incorporated, except as otherwise indicated herein. In the event of any conflict between the Standard Specifications and these Special Provisions, these Special Provisions shall control.
SECTION 400 - PROTECTION AND RESTORATION
400-1 GENERAL
Replace the subsection with the following:
The Contractor shall be responsible for the protection of public and private property adjacent to the Work and shall exercise due caution to avoid damage to such property. If damage to existing improvements occurs, the engineer must be notified immediately, and damages must be repaired at the Contractor’s expense within 24 hours from the time the damage occurred, unless otherwise approved by the engineer.
The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal (e.g., sidewalks, driveways, fences, walls, utility installations, conduits, pavement, structures, hardscape, signs, markings, striping, posts, tra ffic loops, curb s, gutters, sidewalk, ADA detectable warning devices, asphalt, delineators, landscape, plants, irrigation infrastructure, fences, walls, structures, manholes, frames, valve covers, sleeves, survey markers, benchmarks, survey control monumen ts, etc.) which are damaged or removed as a result of its operations or as required by the plans and specifications. When a portion of a sprinkler system within the right -of-way must be removed, the re maining lines shall be capped. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension at the contractor’s expense and to the satisfaction of the engineer.
Maintenance of street and traffic signal systems that are damaged, temporarily removed , or relocated shall conform to 701-2.
If excavation is required, Contractor shall finish grade soil adjacent to Work that is disturbed during construction operations. Trees, lawns, and shrubbery that are not to be removed shall be protected from damage or injury. If damaged or removed due to Contractor’s operations, all shall be restored or replaced in as nearly the original condition and location as is reasonably possible.
Lawn areas shall be re-sod or reseeded and covered with suitable mulch. Plants shall be replaced with the same materials and similar in size. Parkway fill materials shall be Class A topsoil. Repairs to damaged irrigation lines or sprinkler heads shall be made within 48 hours.
The Contractor shall give reasonable notice to occupants or owners of adjacent property to permit them to salvage or relocate plants, trees, fences, sprinklers, and other improvements, within the right-of-way which are designated for removal and would be destroyed because of the Work.
Contractor is responsible for clean-up of any debris on, around, or in the manholes or valve covers.
Contractor to complete and submit the Monument Inventory List in Appendix V within 2 weeks of receiving the City’s location list.
Monument frames, covers, and sleeves shall be furnished and adjusted to finished grade. Existing survey markers, monuments, and benchmarks not conforming to the proposed roadway finish surface shall remain accessible by means of an approved sleeve and lid per City of Manhattan Beach Standard Drawing MBSI-170A-0 ST-4, or by other methods approved by the Engineer.
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400-2 PERMANENT SURVEY MARKERS
Replace the second paragraph with the following:
The Contractor is responsible for hiring an independent surveyor to tie-out all monuments and log all valve and manhole locations within the project’s limits of work before construction work begins, providing the City with a Monument Inventory List (Appendix V), and providing the City proof of re-establishing of those monuments after work is done. The Contractor will:
a) Set survey points outside the affected work area that reference and locate each controlling survey monument that may be disturbed,
b) File a Corner Record or Record of Survey with the County Surveyor after setting the survey points to be used for re -establishment of the disturbed controlling survey monuments, and
c) File a Corner Record or Record of Survey with the County Surveyor afte r re - establishment of the disturbed controlling survey monuments.
400-3 PAYMENT
Replace the entire subsection with the following:
No separate or additional payment will be made for
1) Protection of existing improvements, and
2) Restoration of existing improvements.
Permanent survey markers will be restored by the Contractor at their own expense. It shall be the Contractor’s responsibility to place protective covering over, or to otherwise avoid paving over survey markers, monum ents, and benchmarks, and to remove the covering and/or asphalt concrete after paving operations have been completed.
All costs to the Contractor for protecting, removing, restoring, relocating, repairing, replacing, or reestablishing existing improvements shall be included in the Bid.
The Contract unit price paid per each for adjusting monument frames, covers, and sleeves to finished grade shall be measured in accordance with “Monument Preservation, Restoration and Survey” Bid Item, per Standa rd Specifications, and shall include full compensation for furnishing all labor, materials, tools, and equipment, record with the County Land Survey Records, and for doing all the work involved in adjusting monument frames, covers, and sleeves to finished grade, complete in place, and no additional compensation will be allowed therefor. Contractor will record all monuments in an inventory list as shown in Appendix V, and shall walk with the City’s Inspector to inspect each manhole and valve at the end of the project to ensure compliance.
SECTION 401 – REMOVAL
401-5 Other Improvements
Add the following:
The Contractor may find it necessary to remove and replace some irrigation facilities during the process of construction. In such events, the Contractor shall make a written request to the Engineer in the field for the work and shall notify and cooperate with the resident and/or owner of the property affected. Any irrigation facilities in conflict with the proposed improvements which are removed, damaged, disturbed, or broken, shall be modified, repaired, and/or replaced to provide full irrigation coverag e to the areas requiring irrigation, using new materials of equal or better 12100-0001\2654178v1.doc
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quality than the original materials.
All trees, shrubbery and lawns which are deprived of normal irrigation due to a disruption of service caused by the Contractor's operations shall be regularly and thoroughly irrigated by the Contractor so that the plantings will not be damaged. If any trees, shrubbery, lawns or their plants die or suffer unacceptable damage as a result of or precipitated by the Contractor's operations, the Contractor shall replace it with the same plant species and size. Existing grass lawns within the area which must be excavated and/or re-graded, shall be cut into approximately 12 inch squares, removed, protected, cared for and replaced as soon as possible. Dead, dying, and unacceptably damaged grass shall be replaced with new grass sod.
The upper inches of all backfill in areas subject to planting and/or replanting shall be topsoil, free of rocks and debris. Backfill below this depth shall consist of native soil, free of rocks, and debris, and compacted to a relative compaction of 85 percent (85%).
Damaged or injured plants shall be removed and recycled through green waste processors. At the option of the Contractor, removed trees and shrubs may be reduced to chips and removed from the project.
Replacement planting of injured or damaged trees, shrubs and other plants shall be completed not less than 20 working days prior to completion of the work. Replacement plants shall be watered as necessary to maintain the plants in a healthy condition.
SECTION 402 - UTILITIES
402-1 LOCATION
Replace the first paragraph with:
The location and existence of any underground Utility or substructure has not been obtained. The methods used and costs involved to locate existing elements, points of connection and all construction methods are the Contractor’s sole responsibility. Accuracy of information furnished, as to existing conditions, is not guaranteed by the City. The Contractor, at its sole expense, must make all investigations necessary to determine locations of existing elements, which may include contacting Underground Service Alert (USA) and other private underground locating firm(s), utilizing specialized locating equipment, hand trenching, or both. For every Dig Alert Identification Number issued by Underground Service Alert during the course of the Project, the Contractor must submit to the City the following form. The Contractor shall be responsible for preserving the integrity of the existing underground utilities at the site.
Add the following:
Existing utilities may include, but are not limited: electric utilities, gas utilities, telephone utilities, television utilities, water utilities, street lighting facilities, traffic signal facilities, sanitary sewers, storm drains, and irrigation systems. The Contractor shall assume that any of these underground utilities and/or facilities may be encountered during the removal and reconstruction work and shall protect and restore same in place in accordance with Section 400 of the Standard Specifications and the following requirements and provisions:
The Contractor shall pothole utilities in any areas of excavation, including but not limited to, street widening, utility pole installation or relocation, light pole installation or relocation, pipe installation, catch basin installation, pavement reconstr uction, and traffic signal equipment foundation installation. The Contractor shall submit pothole locations to the City five (5) working days ahead 12100-0001\2654178v1.doc
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of USA notification for review and comment. The Contractor retains sole responsibility for utilities.
The Contractor shall pot hole a minimum of two (2) working days ahead of the construction or installation for the area in which the work is to be performed. The "potholes" shall be to a depth sufficient to satisfy the Contractor that the proposed constructio n work will not damage any underground utilities and/or facilities. The Contractor shall be solely responsible for the cost of repair for any such damage to the underground utilities and/or facilities and shall, except for irrigation systems, make or cause to be made all repairs necessary to restore service the same day.
Full compensation for compliance with the preceding requirements shall be considered as being included in the various Contract items in the bid schedule and no additional compensation will be allowed therefor.
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UNDERGROUND SERVICE ALERT IDENTIFICATION NUMBER FORM
No excavation will be permitted until this form is completed and returned to the City.
Government Code Section 4216 et seq. requires a Dig Alert Identification Number to be issued before a permit to excavate will be valid.
To obtain a Dig Alert Identification Number, call Underground Service Alert at 811 a minimum of three (3) Working Days before scheduled excavation. For best response, provide as much notice as possible up to ten (10) Working Days.
Dig Alert Identification Number:
Dated:
(“CONTRACTOR”)
By:
Printed Name:
Title:
By:
Printed Name:
Title:
Note: This form is required for every Dig Alert Identification Number issued by Underground Service during the course of the Work. Additional forms may be obtained from the City upon request.
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402-1.3 Entry by Utility Owners
Add the following:
The right is reserved to the owners of public Utilities or franchises to enter the Project site for the purpose of making repairs or changes in their property that may be necessary as a result of the Work as well as any other reason authorized by the City. When the Contract Documents provide for the Utility owners to alter, relocate or reconstruct a Utility, or when the Contract Documents are silent in this regard and it is determined by the City Engineer that the Utility owners must alter, relocate or reconstruct a Utility, the Contractor shall schedule and allow adequate time for those alterations, relocations or reconstructions by the respective Utility ow ners. City employees and agents shall likewise have the right to enter upon the Project site at any time and for any reason or no reason at all.
402-2 PROTECTION
Add the following to paragraph five:
If Contractor damages or breaks the Utilities, it will be the Contractor’s responsibility to repair the Utility at no cost to the Utility or the City.
402-3 REMOVAL
Add the following:
Facilities encountered during the prosecution of the Work that are determined to be abandoned shall be removed by the Contractor as required for the Work, unless directed otherwise by the City Engineer. The remaining portion of the existing Utility which is left in place shall be accurately recorded, in elevation and plan, on the control set of Contract Drawings.
402-4 RELOCATION
Add the following to paragraph three:
Operations shall be conducted in such manner that existing road facilities and utilities which are to remain in place will not be damaged. The water meter box, cover, valve, sleeve, and utility vault shall be adjusted to grade by the Contractor as directed by the Engineer. All new and/or existing valve and survey monument covers shall be adjusted to grade during paving. When required, the Contractor shall install survey monument covers before paving. The Contractor s hall furnish all slip sleeves or cans where none exist. The Contractor shall loosen and paint blue all water valve covers immediately after paving.
Prior to adjustment, the Contractor shall notify the utility owners. The utility companies shall be notified by the Contractor within 48 hours after PCC paving as to locations, size and/or description of structure involved. The Contractor shall cooperate fully with all Utility forces of the City or forces of other public or private agencies engaged in the relocation, altering, or otherwise rearranging of any facilities that interfere with the progress of the Work. The Contractor shall schedule the Work so as to minimize interference with the relocation, altering, or other rearranging of facilities.
Adjust Water Valve Box Cover to Grade
The unit price bid per each water valve box cover shall include the cost for all the work involved to adjust the water valve sleeve and cover to finish grade and shall include all material and all work to complete the job of final grade during the PCC paving or when the paving is complete and will 12100-0001\2654178v1.doc
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be at the locations identified on list provided by City’s Project Manager. Other non-city owned utility structures shall be set to grade by the respective utility provider owner upon not ice by the contractor and coordinated with the City’s Project Manager.
Furnish and Install Water Sleeve and Cover
Work under this item shall include but not be limited to, all labor, tools, equipment, and material costs to furnish and install water sleeve and cover at various city locations where directed in the field by the Engineer per Manhattan Beach Standard Plans MBWS-710A-0 Adjustable Valve Box with Cap in AC and PCC Pavements and Standard Specifications for Public Works Construction “Greenbook”.
402-6 COOPERATION
Add the following:
The Contractor’s attention is directed to the fact that Work may be conducted at or adjacent to the site by other contractors during the performance of the Work under this Contract. The Contractor shall conduct its operations so as to cause a minimum of interference with the work of such other contractors, and shall cooperate fully with such contractors to provide continued safe access to their respective portions of the site, as required to perform work under their respective contracts.
Compensation for compliance shall be included in the various items of the Work, and no additional compensation shall be allowed therefor.
402-7 NOTIFICATION
Add the following:
The Contractor shall notify the City Engineer and the owners of all Utilities and substructures not less than forty-eight (48) hours before starting construction.
SECTION 403 – MANHOLE ADJUSTMENT AND RECONSTRUCTION
403-1 GENERAL
Replace the first sentence with the following:
Operations shall be conducted in such manner that existing road facilities and utilities which are to remain in place will not be damaged. The utility companies shall be notified by the Contractor within 48 hours after PCC paving as to locations, size and/or description of structure involved.
403-3 MANHOLES IN ASPHALT CONCRETE PAVEMENT
Add the following:
After the pavement has been completed, the necessary portions of the sub -grade, base, and pavement shall be neatly removed, the structure built up, and the manhole frame set to be backfilled with Type III-C3-PG64-10 asphalt concrete. The asphalt concrete shall be placed and compacted in a workmanlike manner to conform to the appearance of the surrounding pavement, within two days of raising the manhole to grade.
403-5 PAYMENT
Replace with the following:
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Adjust City-Owned Sewer/Stormdrain Manhole (Precast and Brick) Frame Cover to Grade – The unit price bid per each sewer/stormdrain manhole cover shall inc lude the traffic control, and cost for all work and materials involved in adjusting each manhole (precast or brick) frame and cover to finished pavement grade either before or after the concrete repaving is completed. The City of Manhattan Beach Wastewater Division will provide the replacement manhole covers as necessary (if the manhole cover is on bad conditions). Adjustment of manholes and structures shall be in accordance with Standard Plans for Public Works Cons truction Standard Plan No. 205 -3 and No.206-2 (2012 Edition). The work of setting to new grade the tops of manholes or other structures belonging to public utility companies will be done by said companies. The Contractor shall coordinate the manhole adjustments with the appropriate utility and shall be responsible for all costs associated with coordinating with the utility owner and for having the utility owner adjust the manhole frame and cover to grade.
SECTION 404 - COLD MILLING
404-1 GENERAL
Replace the section with the following:
The area of the asphalt concrete pavement to be removed shall be cut on a neat and straight line, to the satisfaction of the Engineer, with a power-driven saw to full depth before removing the surfacing.
The Contractor will not be required to sawcut the pavement where the join line or cut line is cold milled.
The Contractor may encounter existing pavement fabric underneath existing asphalt concrete. The Contractor shall account for its removal and disposal at no additional cost.
If the Contractor chooses to remove the asphalt concrete by cold milling then the existing asphalt concrete shall be cold milled or ground in accordance with the Greenbook Standard Specifications and these Special Provisions.
The Contractor shall take care not to contaminate the millings with non-aggregate base material, including disintegrated granite.
The asphalt concrete, including aggregate base, shall be disposed of at a recycling plant. The Contractor shall provide the City with the weight certification of recycling in tons of asphalt concrete and the required monthly Solid Waste Disposal and Recycling Reports.
404-2 MILLING MACHINE
Add the following:
At least two full time flag persons shall be assigned to the milling machine for traffic control when working on streets open to traffic.
404-12 PAYMENT
Replace with the following:
Asphalt concrete removal associated with curb and gutter, cross gutter and local depression, sidewalk and driveway work will be considered as miscellaneous removals and payment will be considered as included in the respective unit prices quoted in the Bid Schedule. 12100-0001\2654178v1.doc
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The contract unit price paid per square yard of Cold Mill Existing Asphalt Concrete and Place 2-Inch Overlay shall include full compensation for, but not limited to, furnishing all labor, materials, tools, equipment, saw cutting, loading, hauling, recycling, providing recycling weight certification, reports, and incidentals, for doing all work involved in asphalt concrete removal and recycling, and no additional compensation will be allowed therefor. If the Contractor does not provide the weight certification of recycling and the required monthly Solid Waste Disposal and Recycling Reports, then payment will be withheld until the weight certification and reports are provided.
6-1
PART 5 – PIPELINE SYSTEM REHABILITATION (NOT USED)
PART 6 - TEMPORARY TRAFFIC CONTROL
The corresponding provisions in Part 6 (Temporary Traffic Control) of the Standard Specifications are incorporated, except as otherwise indicated herein. In the event of any conflict between the Standard Specifications and these Special Provisions, these Special Provisions shall control.
SECTION 600 - ACCESS
600-1 GENERAL
Add the following:
The Contractor shall notify in person and with printed notification (Notice of Construction), at least ten (10) working days prior to commencing work, to all agencies, businesses, institutions, postal service, residents, hospital, transit agencies, schools, churches, stores, utilities, and waste disposal service fronting or affected by the work. Additional printed notification shall be given not less than forty- eight (48) hours prior to performing any work which will restrict residential property access, close or partially close the street, or which will restrict or disallow street parking. All schools, churches, hospitals, and businesses shall receive seven (7) working days notification prior to performing any work that will restrict property access. Changes to previously published information will necessitate the distribution of additional notices and could result in a delay in the work at no cost to the City.
Appendix VI Sample Notice to Residents requires that the printed notice s contain a general description of the work to be done and the date (s) that the work is to be done. The notices shall also include a statement that parking will be restricted as called for on the "NO PARKING" signs to be posted along the street. The Contractor must designate its own public liaison, a person to handle all resident inquiries. The Contractor shall respond to residents’ inquiries within one hour of the call during normal working hours (7:30am to 4:30pm). When speaking with residents, common courtesy is required. Provide a contact name and phone number for the Contractor’s primary contact for the public. The provided phone number shall be a direct phone number, such as a cell phone number, for the Contractor’s primary contact. The office number for the Contractor will not be acceptable in lieu of the Contractor’s primary contact’s direct phone number. All public notices must be reviewed and approved by the Engineer prior to its distribution.
The Contractor shall coordinate with the school district for pick -up and drop-off of school children, waste disposal collection, street sweeping, MTA Bus Stops and Zones Dispatcher, the postal service to ensure delivery of mail, and churches for weekly or special activities. The local traffic consists of, but is not limited to, residences, church congregations, post offices, meter readers, transit operators, trash pickup, school buses, and emergency vehicles. The Contractor shall provide a smooth travel way and either a flagger and/or signing to direct traffic. The Contractor shall notify the MTA Bus Stops and Zones Dispatcher and any other affected transit services a t least two working days prior to construction and any impacts. Evidence of such notification shall be submitted to the City at least two working days prior to construction and any impacts.
Access to mailboxes shall be maintained at all times such that th e postal delivery service is not interrupted. Trash pick-up services shall not be interrupted. Access to vacant and unused property may be restricted when approved by the Engineer. Both vehicular and pedestrian access shall be maintained at all times to all other property except as otherwise specifically authorized in writing by the Engineer.
6-2
The Contractor shall obtain a Manhattan Beach City Permit for work performed in the right-of-way, and provide the City with evidence of insurance coverage in compliance with section 5-4 “Insurance” in the General Provisions of the Specifications for this project. Furthermore, the Contractor shall notify the Public Works Inspector at (310) 802 -5306, at least 72 hours prior to any construction in right-of-way. At least 72 hours in advance of closing, partially closing or reopening, any street, alley, sidewalk or other public thoroughfare, the Contractor shall notify the Police, Fire, Traffic and Engineering Department and affected residents and business owners. Deviatio ns must first be approved in writing by the Engineer. Fire and Police Dispatch can be reached at (310) 545-4566 prior to starting work or closing lanes/streets every day. When entering or leaving roadways carrying public traffic, the Contractor’s equipment, whether empty or loaded, shall yield to the public traffic at all times, except where the traffic is being controlled by police officers, fire officers, properly trained and experienced flaggers, or at traffic signalized intersections. Contractor shall work closely with all affected businesses to ensure impacts are minimized during work. All work must be coordinated with the adjacent businesses, the Northern Manhattan Beach Business Improvement District, Downtown Business Association, Manhattan Beach Parks and Recreation events, and all affected agencies.
All open trenches shall be covered with non-skid steel plates or temporary asphalt pavement before and after work hours. Steel plates shall be placed securely to avoid tripping hazards and in a way that minimizes movement and noise. Reflective tape shall be used at the edges of all steel plates in sidewalk or crosswalk areas. The Contractor shall control his work so as to minimize the use of steel plates within sidewalk and crosswalk areas.
The Contractor shall maintain the construction site during non -working hours in a secure, clean, and safe condition. The Contractor shall be available for immediate mitigation measures should the City Engineer decide that appropriate action is necessary during non-working hours.
600-2 VEHICULAR ACCESS.
Add the following:
All streets shall remain open to through traffic at all times except when street closure is approved by the Engineer. Overnight and long terms street closures can only be approved by City Council, which will require a minimum 8 week lead time. The Contractor shall make provisions to allow local traffic access to the closed streets.
Vehicular access to hospital, business, school, and church driveways s hall be maintained at all times during construction. Unless the Contractor makes other arrangements satisfactory to the Engineer and the owners, the following shall also apply to business establishments: a) For each establishment (such as, but not limited to, gas stations, markets and other "drive in" businesses) on the corner of an intersection which has a driveway (or driveways) on each intersecting street, the Contractor shall provide vehicular access to at least one driveway on each intersecting street unless otherwise approved in writing by the Engineer. b) For each establishment (such as but not limited to motels, parking lots and garages) which has a one way traffic pattern with the appropriate entrance driveway and exit drivewa y, the Contractor shall provide vehicular access to both the entrance driveway and the exit driveway. c) The Contractor shall furnish, install, maintain and remove steel traffic plates at driveways as needed to provide continuous access, and at locations where so requested by the Engineer. No separate payment will be made for steel traffic plates.
600-3 PEDESTRIAN ACCESS.
Replace the second paragraph with the following:
6-3
Pedestrian zones and public transportation stops, as well as pedestrian crossings of the Work site at intervals not exceeding 500 feet shall be maintained unless otherwise approved by the Engineer.
In addition, no two adjoining streets shall be closed at the same time, except as otherwise approved by the Engineer. When sidewalks are closed, “SIDEWALK CLOSED” signs shall be used at each approach to the closure and an approved alternate route provided. Pedestrians shall not be directed into direct conflict with vehicles operating within the Work site or other traffic. Where it is necessary to divert pedestrians into the parking lane or a street, barricades or temporary traffic barriers shall be provided to separate the pedestrian walkway from the adjacent traffic lane.
SECTION 601 - TEMPORARY TRAFFIC CONTROL FOR CONSTRUCTION
AND MAINTENANCE WORK ZONES
601-1 GENERAL
Add the following:
Street closures, detours, lane closures, signs, lights and other traffic control devices shall conform to these Special Provisions; the California Manual on Uniform Traffic Control Devices (California MUTCD – latest edition at the time of bid ); the "Work Area Traffic Control Handbook" (WATCH – latest edition at the time of bid); and Section 7 -10 and Part 6 of the Standard Specifications . The California MUTCD is available at the following address:
http://www.dot.ca.gov/hq/traffops/engineering/mutcd/
In the event of conflict regarding temporary traffic control , the order of precedence shall be as follows:
1. Special Instructions
2. Special Provisions
2. Temporary Traffic Control Plans (to be prepared by the Contractor)
3. California Manual on Uniform Traffic Control Devices
4. Work Area Traffic Control Handbook
5. Standard Specifications
Nothing in the Standard and Special Technical Provisions shall be construed as relieving the Contractor from his or her responsibility to provide for the safety and convenience of traffic and the public during construction.
Unless otherwise approved by the Engineer, the Contractor shall allow passag e of public transit coaches through the Work area at all times. For the Metropolitan Transportation Authority (Metro), the Contractor shall notify the Stops and Zones Representative, (213) 922 5190, at least 48 hours prior to construction at bus stop zones to allow Metro to temporarily abandon and relocate bus stop zones within the construction area. Grade changes within the travelled way that exceed one inch and are to remain overnight shall be ramped with temporary asphalt concrete at a slope not to exceed 1:1. The roadway shall be cold milled and/or paved to full width at the end of each day.
Consistent with the City’s Right-of-Way Permit, traffic signal actuation sh all be maintained at all times.
The contractor shall protect and provide traffic control at wet concrete for sufficient time to avoid blemishes, vandalism, or traffic damage to the surface. Repairs or replacements will be made at the contractor’s expense to the satisfaction of the Engine er. The Contractor shall install textured steel plates to protect fresh concrete if left overnight . Steel plates shall be accompanied by other
6-4
traffic control devices as necessary.
601-2 TEMPORARY TRAFFIC CONTROL PLAN.
601-2.1 General.
Replace the subsection with the following:
If directed by the Engineer, the Contractor shall prepare and submit a Traffic Control Plan (TCP).
The sheets of the TCP shall display the title, phase identification, name of the firm preparing the TCP, approval block for each jurisdictional agency, north arrow, sheet number, and number of sheets comprising the TCP. General notes and symbol definitions shall be included as appropriate.
The TCP shall graphically show the lists of street segments and street names, buffer spaces, lane configuration and lane width dimensions, advance signing, sign panel dimensions, striping details, transitions, vehicle and pedestrian detour routes and the figures for their typical WATCH application.
The TCP shall be drawn to a scale of 1 inch = 40 feet on common size plan sheets, either 11 inches x 17 inches or 2 feet x 3 feet, as dictated by the length of the Work. The TCP shall conform to the requirements listed in these Standard Specifications, Special Provisions, California MUTCD, and the Work Area Traffic Control Handbook, and shall be transmitted to the City for approval no later than fourteen (1 0) calendar days after the date of the Notice to Proceed with Preconstruction Requirements.
601-2.2 Payment.
Replace the subsection with the following:
Full compensation for compliance with the preceding TCP requirements shall be considered as being included in the unit price for the bid item to which it corresponds, and no additional compensation will be allowed therefor.
601-3 TEMPORARY TRAFFIC CONTROL (TTC) ZONE DEVICES.
601-3.4 Operation and Maintenance.
601-3.4.1 General.
Replace the subsection with the following:
The Contractor shall be responsible for operation and maintenance of the TTC zone devices and services twenty-four (24) hours per day, seven (7) days per week, which includes holidays , from the date of Notice to Proceed to the completion and acceptance of the work . The Contractor shall patrol and monitor the Work site to ensure that the TTC devices are in -place, properly positioned, and operational. The Contractor shall ensure that TTC devices are repaired, replaced, and cleaned as necessary to preserve their appearance and visibility. TTC devices that are damaged shall be repaired or replaced.
601-3.5 Signs and Signage.
601-3.5.1 General.
Replace the third paragraph with the following:
Temporary “No Parking ” and “No Stopping ” signs shall be installed at least 72 hours before enforcement. Temporary “No Parking” and “No Stopping” signs shall be installed at one-hundred-
6-5
foot (100') maximum spacing along each side of the affected streets prior to the commencement of the street improvement work and shall be removed along with, equipment, and other obstructions immediately upon completion, suspension, or rescheduling of work that will prohibit parking . The Contractor shall not p ost signs on trees and uti lity poles. Where there is metered parking, “NO PARKING-TOW AWAY” signs must be placed on each meter post. The Contractor shall document the day, date, and hours, with the municipal code showing that parking will be prohi bited on that particular street. The signs shall meet the requirements of City of Manhattan Beach Standard Plan MBSI-182A of Appendix III . The printed notices and the "NO PARKING" signs shall be furnished and discarded by the Contractor.
Add the following:
Properly trained and experienced flaggers shall be provided to direct traffic when the traffic is to be interrupted, when two-way traffic is to be reduced to one-way traffic, and at other such times as is necessary to safely pass traffic through or around the work area and when so directed by the Engineer.
601-3.6 Channelizing Devices.
601-3.6.1 General.
Replace the subsection with the following:
Channelizing devices shall include cones, tubular markers ( delineators), channelizers, drums, barricades, and temporary barriers. Channelizing devices shall be surface mounted type furnished, placed, and maintained at the locations shown on the TCP or as approved by the Engineer.
When no longer required for the work as determined by the Engineer, channelizers (except channelizers to be left in place), and underlying adhesive used to cement the channelizer bases to the pavement, shall be removed. Removed channelizers and adhesive shall become the property of the Contractor and shall be removed from the site of work.
601-3.6.4 Barricades.
Add the following:
All barricades shall be equipped with flashing warning lights, and all traffic cones shall be no less than 28 in . in height, except that shorter cones, 12 in . minimum height, may be permitted during striping maintenance operations where the only function of the cone is to protect the wet paint from the traffic.
The entire area of orange and white stripes for barricades shall be Type I, engineering grade, or Type II, super engineering grade, retro-reflective sheeting conforming to the requirements of ASTM Designation: D 4956-95.
Type III barricades, no less than 6 ft . in length and equipped with two (2) Type “N” markers each and two (2) portable flashing beacons each, shall be used to close streets, except as otherwise specifically approved by the Engineer for minor maintenance work of no more than one (1) working day’s duration, on weekdays, or on holidays only, and limited to th e hours between 8:30 a.m. and 3:30 p.m. The barricades shall be placed across the full roadway at each point of closure with the distance between barricades, or between barricades and curbs, not exceeding 3 ft. except that one (1) 11 ft. wide gap between barricades shall be provided at the center of the street. Barricades to the right of the street’s center, facing the inbound vehicular traffic, shall also be equipped with one (1) R11-2, “Road Closed” sign, one (1) R11 -4, “Road Closed to Thru Traffic,” sign, and a Type P
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warning sign.
601-3.7.6 Flashing Arrow Signs.
Add the following:
For arterial and collector streets, the Contractor shall furnish and maintain solar -powered flashing arrow signs (FAS) during lane closures on arterial and collector streets. The City Engineer shall determine when FAS is required at any location. The cost of these signs shall be included in the unit prices bid for the particular items of work where such signs may be required.
FLASHING ARROW BOARD(S) ARE MANDATORY FOR LANE CLOSURES ON MAJOR STREETS. They shall operate until traffic control is removed.
601-4 TEMPORARY TRAFFIC STRIPING AND PAVEMENT MARKINGS. 601-4.1 General
Add the following:
The Contractor shall furnish and install all necessary striping, markings and plastic reflective pavement markers (white or yellow) to provide temporary pavement striping, markers and markings while construction operations are underway. The temporary pavement markers shall be placed ten (10) feet on center. The tempor ary striping, markers and markings shall be maintained until the permanent striping and markings are applied. The work to furnish, install and maintain ALL temporary striping, markers and markings shall be included under the various items of work.
601-4.2 Application
Add the following:
i) Reflectorized (both sides) temporary self-adhesive markers, 4 in. wide, shall be applied to unstriped pavement surface before opening the travel way to public traffic. Reflectorized temporary yellow markers shall be used to delineate the centerline to sep arate opposing traffic. Reflectorized temporary white markers shall be used to delineate lanes of travel and placed in 24 in. intervals transverse to the road to delineate stop bars and limit lines.
The reflectorized temporary markers shall be removed the same day the thermoplastic striping has been placed on the pavement. The removal of the markers shall be done such a way that the pavement is not damaged.
601-5 TRAFFIC LANE WIDTHS.
601-5.2 Lane Widths.
Replace the first paragraph with the following:
Unless otherwise specified or shown on the TCP, two-way vehicular traffic shall be maintained at all times within two (2) 1 0 ft. wide lanes on streets having an effective roadway width of 4 0 ft. or more with restricted parking. Other streets of lesser w idths may be reduced to one (1) 12 ft . wide lane with work activity being limited to one side at a time, and the one -way vehicular traffic being maintained at all times by properly tr ained and experienced flaggers. All lane closures shall have flashing arrow signs to provide additional, high level, advanced warning.
Failure of the Contractor to maintain the required lane widths per the Project Specific Scope of Work and Traffic Control of the Special Provisions will result in a permanent payment deduction of $200
6-7
for each Incident that the Contractor fails to comply. An Incident is defined as the issuance of a written Correction Action Notice by the Engineer or his representative to the Contractor.
There will be a limit of one (1) Incident per four (4) hour time period and two (2) incidents per working day. The payment deduction is in addition to the City’s right to suspend work per Section 3-12 of the General Provisions.
7-1
PART 7 - STREET LIGHTING AND TRAFFIC SIGNAL SYSTEMS
The corresponding provisions in Part 7 (Street Lighting and Traffic Signal Systems) of the Standard Specifications are incorporated, except as otherwise indicated herein. In the event of any conflict between the Standard Specifications and these Special Provisions, these Special Provisions shall control.
SECTION 701 CONSTRUCTION
701-4 DAMAGE TO EXISTING SYSTEMS
Replace the subsection with the following:
Should any damage to an existing system to remain in place occur, which is not part of the work shown on the Plans, the Contractor shall immediately notify the Engineer and arrange for the immediate repair and restoration of service. Where appro ved by the Engineer, a suitable temporary replacement system shall be provided, and t he Contractor shall perform the repairs within 72 hours of damaging the system or receiving approval of the equipment and materials by the Engineer, whichever takes longer. Electrical safety clearance shall be obtained from the serving utility before performing any work on existing energized circuits. Equipment and materials used for repairs or replacements shall conform to 700 and be approved by the Engineer.
Installation shall be accomplished by the Contractor, subject to the approval of the Engineer prior to the start of construction.
701-5 TEMPORARY SYSTEMS
701-5.1 General
Add the following:
Replace all damaged traffic signal detectors within 5 calendar days of final paving. All detectors damaged by the work shall be replaced to the standards of the City Public Works Department. In the instance of damaged in-pavement loop detectors, approved alternatives include microwave or video detection systems (wireless allowed). After completion of the roadway construction and final paving in place, inductive loops shall be restored and operable prior to the removal of the temporary detection system, unle ss otherwise shown on the Plans or required by the Special Provisions.
In-road warning light (IRWL) components shall be protected or replaced at the contractor’s expense, to the standards of the Engineer . Contact existing in-road warning light manufacture r Lane Light tech support at (866) 466 -4836 for guidance in areas where in -road warning lights exist.
701-17.6.3 Inductive Loop Detectors
Replace with the section with the following:
701-17.6.3.1 General
Furnish and install traffic signal loop detectors type “D” & “E” per Caltrans Standard Specification Section 86 – Division X Electrical Work and Caltrans standard drawing ES-5B latest edition.
701-517.6.3.2 Installation
7-2
Furnish and install traffic signal loop detectors type “D” & “E” per Caltrans Standard Specification Section 86 – Division X Electrical Work and Caltrans standard drawing ES-5B latest edition.
The Contractor shall test each Type D detector with a bicycle wheel made of ferromagnetic material, weighing not more than three pounds exclusive of tire and inner tube. If a frame is used to hold the wheel upright, it shall be made of a non-ferromagnetic material such as wood. Special features, components, or vehicles designed to activate the dete ctor will not be permitted. The Contractor shall place or hold the wheel vertic ally over each Type D detector. The loop detector must register and hold the presence of the bicycle wheel for a continuous period of time of at least two minutes in order to for the Engineer to accept the detector test and installation.
The Contractor shall test each Type E detector with a motor driven cycle, as defined in the California Vehicle Code that is licensed for street use by the Department of Motor Vehicles of the State of California. The unladen weight of the vehicle shall not exceed 220 pounds and the engine displacement shall not exceed 100 cubic centimeters. Special features, components or vehicles designed to activate the detector will not be permitted. The Contractor shall provide an operator licensed to drive such vehicl e who shall drive the motor driven cycle through the response or detection area of the detector at not less than 3mph nor more than 7 mph. The loop detector must detect the motor driven vehicle without the call being held in order for the Engineer to accept the detection test and installation.
701-17.6.3.3 Sealants
Replace with the following:
Furnish and install traffic signal loop detectors type “D” & “E” per Caltrans Standard Specification Section 86 – Division X Electrical Work and Caltrans standard drawing ES-5B latest edition.
701-17.6.6 Payment
Replace with the following:
The Contract unit price paid per each traffic signal loop installed shall include, but not be limited to the complete installation of the loop detectors, to the termination of pull box, conduits, slot cutting, lead -in cable loop wire, and application of sealant. The price shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, as directed by the Engineer, and all other appurtenant as shown on the plans and per the specifications, and no additional compensation will be made therefor.
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PART 8 - LANDSCAPE AND IRRIGATION (NOT USED)
Refer to Part 4 Existing Improvements.
PART 9 - SPECIAL INSTRUCTIONS
SECTION 1. GENERAL
The contractor will be supplied a list of work locations for the repair and/or replacement of sidewalk, ramp, curb and gutter, driveway, PCC pavement, etc. A list of work locations will be provided for up to four separate Contractor mobilizations. All locations will be within the City of Manhattan Beach.
City limits are shown on the map provided in Appendix VII.
Contractor is advised that there are no major or mi nor bid items as described in Section 1 of the General Provisions. For all work, the Contractor will be paid at the unit rates provided in the Bid, regardless of the quantities constructed.
SECTION 2. STAKEHOLDERS
The Contractor shall coordinate all Work within the vicinity of schools with the school district for pick-up and drop-off of children, special dismissal, and school event days.
Contractor shall work in close coordination with all impacted agencies, businesses, and residents to ensure impacts are minimized during work.
The Contractor shall notify the following City Departments and agencies at least 24 hours prior to the start of work at any location, and 24 hours prior to the partial closing of a street or alley within the City of Manhattan Beach.
MANHATTAN BEACH PUBLIC WORKS DEPARTMENT
Bianca Cardenas, Associate Engineer (310) 802-5357
Public Works Inspector (310) 802-5306 & (310) 802-5341
MANHATTAN BEACH POLICE DEPARTMENT
Notify Dispatcher’s Office (310) 545-4566
MANHATTAN BEACH FIRE DEPARTMENT
Notify Dispatcher's Office (310) 802-5203
WASTE MANAGEMENT
Notify Felipe Barrera (310) 830-7100
STREET SWEEPING
Routine schedule street sweeping is performed by Athens Services (888) 336-6100
SECTION 3. SCHEDULE
3-1 NOTICE TO PROCEED / COMPLETION OF ALL WORK
The City will provide to the Contractor a separate Notice to Proceed and list of repair items for each requested mobilization. The contractor shall mobilize and complete the requested work within 45
9-2
working days from issuance of the Notice to Proceed. The Contractor shall provide a construction schedule to the City within 5 working days from the date of receipt of Notice to Proceed. Liquidated damages may be charged daily if work is not completed within the 45 working days.
Refer to Standard Specifications for Public Works Construction “Greenbook” Part 6 and Special Provisions for Prosecution and Progress of Work.
Two Week Look Ahead Schedules shall be submitted to the City three (3) working days prior to commencing the construction activities, and every Monday until all requested work is completed.
Full compensation for compliance with these requirements shall be considered as included in the appropriate bid items.
SECTION 4. COORDINATION OF WORK
4-1 SEQUENCE OF WORK
Contractor shall submit to the City for approval a Sequen ce of Work plan that minimizes impacts to City businesses, residents, visitors, pedestrian access, and traffic flow due to the closures. The City shall approve this Sequence of Work plan prior to construction.
4-2 CONSTRUCTION STAGING AREA
Spoils from excavation shall be immediately removed from the project site. Overnight storage of materials removed or equipment shall not be permitted on the traveled roadway surface.
The Contractor shall be responsible for securing a construction staging area for this project. The Contractor may elect to contact the Manhattan Beach Unified School District (MBUSD) in regards to using the parking lot on Peck Avenue above Begg Field and Begg Pool for a construction staging area for this project. Any coordination or agreement with the MBUSD is independent of this Contract and is not guaranteed. The City will not facilitate any coordination or agreement with the MBUSD regarding securing a constr uction staging area. If the Contractor elects to contract with the MBUSD, the MBUSD may require the Contractor to install “No Parking” signs or to provide services for the MBUSD’s properties.
The cost of securing a staging area shall be considered as included in the Contract prices paid for the Mobilization bid item, and no additional compensation will be allowed therefor.
SECTION 5. COORDINATION OF WORK
The Contactor shall submit a completed Contractor’s Daily Report to the City each working day by 5:30 p.m. The Contractor’s Daily Report shall identify the full name of each person working onsite, the type of work performed, and duration the work is performed. The Contractor is responsible for including all members of the Contractor’s crews and its subco ntractors’ crews. The Daily Report shall also describe the work completed , the quantities used for each bid item , and a detailed description of any incidents that may have occurred during the work day. All material delivery tickets and weight tickets for c onstruction waste or recycling shall be submitted to the City with the Contractor’s Daily Reports. Progress payments shall be contingent upon the receipt of the Contractor’s Daily Reports and all supporting documentation described in this Section.
10-1
PART 10 - STANDARD AND SPECIAL TECHNICAL PROVISIONS – NOT USED
**END OF SECTION**
12100-0001\2654178v1.doc
City of MB Form
Appendix I-1
APPENDIX I
PROGRESS PAYMENT REQUEST FORM
TO: CITY OF MANHATTAN BEACH
Engineering Division, 1400 Highland Avenue, Manhattan Beach, CA 90266 PROJECT TITLE _________________________________________________________________________________________________________ PROJECT NO. _________________________________________________________________________________ FROM: CONTRACTOR _ _ _ Date _________________________________ Address _______________________________________________________________________________________________________________ Telephone _
Submitted by _
Progress Estimate # _
Contract Award Amount $ _ _
No. Description Contract
Quantity
Previous
Quantity
Quantity This
Estimate
Unit
Price
Amount
This
Estimate
Total Quantity to
Date
Total Amount
to Date
1. 2.
3. 4.
5. 6.
7. 8.
9. 10.
11. 12.
13. 14.
15. 16.
17. 18.
19. 20.
21. 22.
Total
Less Retention
Less Previous Billing(s)
Total Amount Due
City Approval: Date:
NOTE: An updated Project Schedule must be provided with each monthly progress payment in accordance with Section 6-1 of the General Provisions in addition to a Conditional Waiver and Release form per Section 7-3.2.1 12100-0001\2654178v1.doc
City of MB Form
Appendix II-1
APPENDIX II
CONTRACTOR’S DAILY REPORT TO THE CITY
(Only the Contractor’s Foreman and Superintendent is authorized to complete this form.) Project Name: _ _ Project Location:
Date: Report No.: _ Start Time: _ End Time:
Contractor’s Company Name: _ _
Contractor’s Foreman/Superintendent: _ _
Name Signature
Work Accomplished
Equipment on Site Hours
Workers on Site Classification Hours Company
Note: It is the responsibility of the Contractor to provide this completed form to the City every working day by 5:30 PM, without fail. Failure to do so may result in the corresponding monthly progress payment to be delayed.
APPENDIX III
APPLICABLE STANDARD PLANS AND DETAILS
1. Manhattan Beach Standard Plans
MBSI-110A-1(ST-1) Residential Driveway Approach (R/W width behind curb 8’ or more)
MBSI-110B-1(ST-1) Residential Driveway Approach (R/W width behind curb 10’ or more)
MBSI-110C-1(ST-1) Residential Driveway Approach (For confined right-of-way) MBSI-111A-0 (ST-9) Curb Ramp – Not Currently in Use (Please refer to latest Caltrans Standard A88)
MBSI-112A-0 (ST-2) Standard Sidewalk
MBSI-115D-0 Sidewalk Placement Around Obstructions
MBSI-116A-0 Commercial Driveway Approach: Type I
MBSI-116B-0 Commercial Driveway Approach: Type II
MBSI-116C-0 Commercial Driveway Approach: Type III
MBSI-116D-0 Commercial Driveway Approach: Type IV
MBSI-120A-0 (ST-3) Standard Curb and Gutter
MBSI-121A-0 Type C Rolled Curb
MBSI-122A-0 (ST-12) Standard Cross Gutter
MBSI-123A-0 Pervious Concrete Gutter
MBSI-132A-0 (ST-10) Street Excavation and Pavement Restoration MBSI-133A-0 Concrete Pavement Replacement
MBSI-170A-0 (ST-4) Monument in Roadway
MBSI-174A-1 (ST-27) Continental Crosswalk Markings
MBSI-182A-0 No Parking Sign
MBSS-210A-0 (ST-19) 24” Sewer Manhole Frame and Cover MBFE-312A-0 (ST-7) Manhole Frame and Cover for Catch Basin
2. Asphalt Berm: Drainage Control Cross Section Detail
3. Caltrans Standard Plans
A88A Curb Ramp Details
A88B Curb Ramp and Island Passageway Details
ES-5B
4. ArmorTile Surface Applied Inline Dome Tactile Tile Plans and Detail ADA-S-3648W Detectable/Tactile Warning Surface Tile 36”x48” Suface Applied Inline Dome Tactile Tile Plans and Detail
APPENDIX III
APPLICABLE STANDARD PLANS AND DETAILS
APPENDIX III
APPLICABLE STANDARD PLANS AND DETAILS
APPENDIX III
APPLICABLE STANDARD PLANS AND DETAILS
APPENDIX III
APPLICABLE STANDARD PLANS AND DETAILS
APPENDIX III
APPLICABLE STANDARD PLANS AND DETAILS
APPENDIX III
APPLICABLE STANDARD PLANS AND DETAILS
APPENDIX III
APPLICABLE STANDARD PLANS AND DETAILS
APPENDIX III
APPLICABLE STANDARD PLANS AND DETAILS
APPENDIX III
APPLICABLE STANDARD PLANS AND DETAILS
APPENDIX III
APPLICABLE STANDARD PLANS AND DETAILS
APPENDIX III
APPLICABLE STANDARD PLANS AND DETAILS
APPENDIX III
APPLICABLE STANDARD PLANS AND DETAILS
APPENDIX III
APPLICABLE STANDARD PLANS AND DETAILS
APPENDIX III
APPLICABLE STANDARD PLANS AND DETAILS
APPENDIX III
APPLICABLE STANDARD PLANS AND DETAILS
APPENDIX III
APPLICABLE STANDARD PLANS AND DETAILS
APPENDIX III
APPLICABLE STANDARD PLANS AND DETAILS
APPENDIX III
APPLICABLE STANDARD PLANS AND DETAILS
APPENDIX III
APPLICABLE STANDARD PLANS AND DETAILS
APPENDIX III
APPLICABLE STANDARD PLANS AND DETAILS
APPENDIX III
APPLICABLE STANDARD PLANS AND DETAILS
APPENDIX III
APPLICABLE STANDARD PLANS AND DETAILS
APPENDIX III
APPLICABLE STANDARD PLANS AND DETAILS
APPENDIX III
APPLICABLE STANDARD PLANS AND DETAILS
APPENDIX III
APPLICABLE STANDARD PLANS AND DETAILS
APPENDIX III
APPLICABLE STANDARD PLANS AND DETAILS
APPENDIX III
APPLICABLE STANDARD PLANS AND DETAILS
APPENDIX III
APPLICABLE STANDARD PLANS AND DETAILS
APPENDIX III
APPLICABLE STANDARD PLANS AND DETAILS
APPENDIX IV
ADA RAMP AND DRIVEWAY COMPLIANCE MEMORANDUM
MEMORANDUM
DATE: XXXX XX, 2023
TO: KATHERINE DOHERTY, PE, CITY ENGINEER
FROM:
SUBJECT: CURB RAMPS CONSTRUCTION PROJECT – “AS-BUILT” MEMO WITH
CERTIFICATE OF COMPLIANCE
PROJECT NUMBER:
RAMP LOCATION:
The installation of Americans with Disabilities Act (ADA) curb ramps followed the Caltrans latest Revised Standard Plan RSP A88A, City of Manhattan Beach Standard Curb Ramp Removal Limits, Sheet D and Sheet E. Normal circumstances allow application of th e design parameters of the standard plans without deviation from the printed standard plans.
Several items can impact the design parameters of the standard plans which are street slopes, site conditions and other factors. For thi s ramp location, the fol lowing I tems describe their impacts of deviations from the standard plans.
Item 1 – Street Slopes
The above referenced project is located in the City of Manhattan Beach, in several hillside neighborhoods that have street slopes greater than 5%. It was mutually agreed upon and determined to use the Caltrans Standard Plans X Standard Plans for Public Works Construction, Standard Plan 111-5, Sheet 9 of 10, Table 2, Slope Adjustments to address the ramp conditions with street slopes in excess of 5%. In order to address street slope values larger than the 5 %, engineering judgement, site conditions, constructability and ADA compliance are factored into the following recommended implementation methodology for constructing ADA compliant ramps.
For streets with a slope greater than 5%, application of the Street Slope Adjustment shall be as follows;
“X” Up Dimension shall the End of Curb Return (EC). This complies with City of Manhattan Beach Standard Curb Ramp Removal Limits, Sheet D and Sheet E.
All other standards identified in the Standard Plans shall be implemented to the greatest extent practical during construction as applicable.
This recommendation provides compliance with the intent of t he ADA Curb Ramp Standards and provides a logical termination for the ramp construction where the street slope exceeds 5%.
Item 2 – Site Conditions
The street slopes for the site are as follows:
APPENDIX IV
ADA RAMP AND DRIVEWAY COMPLIANCE MEMORANDUM
Chestnut slopes away from the Ramp at 1.4% and 21 St slopes down and away at 7.5%
The street slope is in excess of the 5% on the 21St side and the slopes are shown accordingly. This allowed a ramp slope of 7.5% or less, the gutter plate slope less than 5% and the sidewalk ramp slope of .8% along Chestnut are in compliance with the standard. The sidewalk ramp slope along Chestnut is in excess of the standard due to the transition from the flat intersection to the downhill slope of 7.5%. The as -built field conditions and actual slopes provides compliance with the intent of the ADA Curb Ramp Standards and a logical termination to address the site conditions.
Item 3 – Other Factors
One additional factor that was accommodated for was joining the sidewalk elevation with the private property walkway. The elevations matched and a step was not required.
These as-built field conditions provides compliance with the intent of the ADA Curb Ramp Standards and to address other factors.
Conclusion:
The street slopes, site conditions and other factors contribute to the constructed ramp meeting the intent of the ADA Curb Ramp Standard by allowing access from the sidewalk to the roadway and that are not in compliance with maximum slope values noted on the standard plans due to the document’s items.
Certificate of Compliance:
This Certificate of Compliance is prepared after completion of construction activities for the Ramp located at xxxxxxxxxxxxxxxxxxxxx, that created, altered, or affected pedestrian facilities constructed in accordance with the policies, standards and project specifications in compliance with the intent of the standards of the ADA.
I, (Project Engineer), a California Licensed Professional Engineer, do hereby certify that the project has been constructed in accordance with the project specifications, standard plans, “As- Built” Memorandum describing construction exceptions due to the individual site conditions.
[Engineer’s Stamp]
Project Engineer,
No. C xxxxx, Exp Date
APPENDIX V
MONUMENT INVENTORY LIST
MONUMENT PRESERVATION AND RESTORATION
Monument Inventory List
Citywide Concrete Repairs Project Cycle 2 - E1273-23C
Date:
Contractor’s Licensed Surveyor shall review the project limits in order to locate existing monuments, centerline ties, and other monuments observed. Surveyor shall prepare an inventory of monuments found, approximate location, monument character, and whether it will be destroyed during construction.
Contractor shall provide the City with the inventory list two weeks after receiving the location list.
Contractor will be required to file a record of survey to re-stablish all damaged monuments.
No. Location Monument Type Impacted by
Construction Yes (Y)
or No (N)
APPENDIX VI
NOTICE TO RESIDENTS
Contractor Logo
Contractor Address:
Office: (XXX) XXX-XXXX Fax: (XXX) XXX-XXXX
State Contractors License No.:
NOTICE OF CONSTRUCTION
CITYWIDE CONCRETE REPAIRS PROJECT CYCLE 2
Project No. X-XXX
Dear Resident and Property/Business Owner:
This letter is to notify you that the City of Manhattan Beach has retained our company to perform concrete repairs in your neighborhood from Monday, XXXX XX, 2023, through Friday, XXXX XX, 2023. Work will occur daily between 7:30 AM and 4:30 PM throughout the project’s duration.
The proj ect involves upgrading many of the City’s existing damaged ramps to meet current ADA standards, reconstructing damaged curbs, gutters, cross gutters, deteriorated Portland Cement Concrete (PCC) pavement slabs, and driveway approaches at various locations within the City.
Construction Impacts:
Access to parking and driveways may be restricted during this work. If you have a special need (i.e. medical appointment, delivery, etc.), please make the necessary arrangements before the commencement of work . For those properties where driveway access is blocked, a parking permit may be issued for the day(s) of construction.
Wherever possible, please aid in the project’s success by relocating and protecting all property adjacent to work areas. It is recommended that all vehicles be a minimum distance of 5 feet from the street (concrete repair operations) to avoid any contact with construction areas.
We will work with the City’s Waste Management Section to ensure that your trash is collected on normal trash day. Pl ease be sure to place your trash cans at the curb the night before collection.
Please turn off sprinklers and do not discharge water during repairs.
We will remove all barricades and traffic cones to indicate when the street is open to vehicles and pedestrians. The project represents an important safety enhancement in the City, and your assistance and patience during construction is appreciated.
If weather conditions require any day of the project to be delayed, a new notice will be either mailed or hand-delivered for the specific project area affected. Please feel free to contact me regarding a parking permit, questions, or concerns.
Project Manager’s Name | Project Manager | Company | Direct Phone Number
APPENDIX VII
VICINITY MAP – CITY LIMITS