CITY OF MARYSVILLE
PUBLIC WORKS DEPARTMENT
526 C STREET
MARYSVILLE, CALIFORNIA 95901
NOTICE TO CONTRACTORS
SPECIAL PROVISIONS
PROPOSAL AND CONTRACT
FOR
5TH STREET REHABILITATION
CONTRACT NO. 21-01
FEDERAL PROJECT NO. 5009(030)
FOR USE WITH STANDARD SPECIFICATIONS AND STANDARD
PLANS DATED 2018 OF THE CALIFORNIA DEPARTMENT OF
TRANSPORTATION, GENERAL PREVAILING WAGE RATES AND
LABOR SURCHARGE, AND EQUIPMENT RENTAL RATES OF THE
CALIFORNIA DEPARTMENT OF TRANSPORTATION
CONTRACT NO. 21-01
FEDERAL PROJECT NO. 5009(030)
The special provisions contained herein have been prepared by or under the direction of the following Registered Person:
JOHN S. MALLEN
RCE 62315, Exp. 09/30/2023
****************************************************************************************************** SPECIAL NOTICE ****************************************************************************************************** The bidder’s attention is directed to the section entitled “Subcontracting” in Section 4 of the Special Provisions regarding the requirement that proposed subcontractors be listed in the bidder’s proposal. Subcontractors performing work in excess of one-half of one percent of the total bid or $10,000, whichever is greater, shall be listed. ******************************************************************************************************
CONTRACT SPECIFICATIONS
TABLE OF CONTENTS
NOTICE TO CONTRACTORS
SPECIAL PROVISIONS
1. DEFINITIONS
1.1 General
2. PROPOSAL AND CONTRACT REQUIREMENTS
2.1 Examination of Plans, Specifications, and Site of Work
2.2 Proposal Form
2.3 Delivery of Proposal
2.4 Withdrawal of Proposal
2.5 Competency of Bidder
2.6 Rejection of Proposals
2.7 Bidder Guaranty
2.8 Award of Contract
2.9 Execution of Contract
2.10 Contract Bonds
2.11 Guaranty of Work
2.12 Federal Lobbying Restrictions
2.13 Disadvantaged Business Enterprise (DBE)
2.14 DBE Requirements - CDBG
2.15 Local Agency Bidder – DBE Information
3. CONTROL OF WORK
3.1 General
3.2 Lines, Grades, and Surveying
3.3 Intent of Plans and Specifications
3.4 Environmental Control
3.5 Final Inspection
4. LEGAL REGULATIONS AND RESPONSIBILITY TO THE PUBLIC
4.1 Laws to be Observed
4.2 Prevailing Wages
4.3 Prevailing Wages – Davis-Bacon Act Provisions
4.4 Permits and Licenses
4.5 Indemnity
4.6 Insurance
4.7 No Personal Liability
4.8 Responsibility of City
4.9 Domestic Materials
4.10 Apprenticeship Requirements
4.11 Subcontracting
4.12 Subcontractor and DBE Records
4.13 Differing Site Conditions
SPECIAL PROVISIONS (continued)
4.14 Working Hour Restrictions
4.15 Examination and Audit
4.16 Equal Opportunity Clause
4.17 Federal Equal Employment Opportunity Construction Contract Specifications
4.18 Performance of Subcontractors
4.19 DBE Certification Status
4.20 Removal of Asbestos and Hazardous Substances
4.21 Buy America Requirements
4.22 Use of the United States-flag vessels (Cargo Preference Act)
5. WATER AND DUST CONTROL
5.1 Water
5.2 Dust Control
6. PROGRESS OF THE WORK, LIQUIDATED DAMAGES, AND
CONTRACT TIME
6.1 Prosecution of Work
6.2 Liquidated Damages
6.3 Time for Completion
6.4 Extension of Contract Time
6.5 Right-of-Way Delays
6.6 Force Account Payment
6.7 Pre-construction Conference
7. PAYMENT
7.1 General
7.2 Progress Payments
7.3 Final Payment
7.4 Resolution of Claims
8. QUANTITIES AND MATERIALS
8.1 Quantities
8.2 Materials
8.3 Quality Control
8.4 Testing Methods and Frequency
9. SAFETY PRECAUTIONS
9.1 Preservation of Property
9.2 Obstructions
9.3 Interruption of Service
9.4 Safety Devices
9.5 Maintaining Traffic
10. DESCRIPTION OF THE WORK
11. EARTHWORK & PAVING
11.1 Tree Removal
SPECIAL PROVISIONS (continued)
11.2 Clearing and Grubbing
11.3 Concrete Removal
11.4 Earthwork
11.5 Restrictions on Purchases of Mined Materials
11.6 Aggregate Base
11.7 Prime Coat
11.8 Paint Binder
11.9 Pavement Repair
11.10 Cold Plane/ Conform Grind Asphalt Concrete
11.11 Road Surface Preparation
11.12 Tack Coat
11.13 Pavement Reinforcing Fabric
11.14 Asphalt Concrete
11.15 Temporary Pavement Delineation
11.16 Adjusting Manholes and Valves to Grade
11.17 Survey Monument Wells
11.18 Finishing Roadway
11.19 Roadway Signs
12. CONCRETE CURBS, GUTTERS, SIDEWALKS, AND DRIVEWAYS
12.1 General
12.2 Curing
12.3 Measurement and Payment
12.4 Temporary Pedestrian Route of Travel
12.5 Temporary Pedestrian Channelizing Devices & Barricades
13. TRENCHING OPERATIONS
13.1 Legal Requirements
13.2 General
13.3 Trench Width
13.4 Cutting of Pavement
13.5 Bracing and Shoring
13.6 Maximum Length of Trench Open
13.7 Bedding
13.8 Initial Backfill
13.9 Restoration of Surfacing
13.10 Payment
14. STORM SEWER CONSTRUCTION
14.1 General
14.2 Materials
14.3 Protection of Pipes
14.4 Manholes
14.5 Drop Inlets and Catch Basins
14.6 Initial Backfill
14.7 Completing Backfill
14.8 Crossing Over a Water Main
SPECIAL PROVISIONS (continued)
14.9 Measurement
14.10 Payment
15. SEWER MAIN CONSTRUCTION
15.1 General
15.2 Materials
15.3 Installation of Sanitary Sewer
15.4 Initial Backfill
15.5 Completing Backfill
15.6 Manholes
15.7 Testing and Cleaning of Sewer Lines
15.8 Crossing Over a Water Main
15.9 Measurement and Payment
16. WATER MAIN CONSTRUCTION
16.1 General
16.2 Materials
16.3 Installation
16.4 Locating Wire
16.5 Valves and Fittings
16.6 Traffic Valve Boxes
16.7 Plugs and Caps
16.8 Thrust Backing
16.9 Fire Hydrants
16.10 Water Services
16.11 Initial Backfill
16.12 Completing Backfill
16.13 Hydrostatic Pressure and Leakage Testing
16.14 Disinfection and Flushing
16.15 Payment
17. PAVEMENT MARKERS AND MARKINGS
17.1 Pavement Delineation Layout
17.2 Thermoplastic Traffic Stripes and Traffic Markings
17.3 Pavement Markers
17.4. Remove Traffic Stripes, Pavement Markings, and Markers
18. SIGNALS, SIGNS, AND LIGHTING
18.1 Description
18.2 Foundations
18.3 Conduit
18.4 Pull Boxes
18.5 Conductors and Wirings
18.6 Bonding and Grounding
18.7 Service
18.8 Existing Highway Facilities
18.9 Standards, Steel Pedestals, and Posts
SPECIAL PROVISIONS (continued)
18.10 Functional Testing
18.11 Numbering Electrical Equipment
18.12 Model 170E Controller Assemblies
18.13 Vehicle Signal Faces and Signal Heads
18.14 Pedestrian Signal Faces
18.15 Detectors
18.16 Pedestal Push Buttons
18.17 Luminaires
18.18 Roadside and Mast Arm Signs
18.19 Modem
18.20 Local Intersection Program (Software)
18.21 Optical Detector System
18.22 Audible Pedestrian Signals
18.23 Battery Backup System
18.24 Payment
18.25 Rectangular Rapid Flashing Beacon System
19. STORM WATER QUALITY
19.1 General
19.2 Contractor’s Responsibilities
19.3 Owner Responsibilities
19.4 Payment
20. SURVEYS
20.1 Description
20.2 Measurement
20.3 Payment
21. IRRIGATION SYSTEM
21.1 Conditions
21.2 Quality Assurance Requirements
21.3 Existing Conditions
21.4 Submittals
21.5 Record Drawings and Maintenance Manuals
21.6 Product Delivery, Storage, and handling
21.7 Guarantee
21.8 Materials
21.9 Observation of Site
21.10 Preparation
21.11 Water and Electrical Services
21.12 Installation
21.13 Temporary Repairs
21.14 Field Quality Control
21.15 Maintenance
21.16 Clean-up
21.17 Observation Prior to Final Acceptance
21.18 Landscape Maintenance
SPECIAL PROVISIONS (continued)
22. LANDSCAPE INSTALLATION
22.1 Scope of Work
22.2 Quality Assurance
22.3 Product Delivery, Storage, and handling
22.4 Job Conditions
22.5 Samples and Tests
22.6 Guarantee and Replacement
22.7 Submittals
22.8 Quality Assurance
22.9 Products
22.10 Observation
22.11 Preparation
22.12 Installation
22.13 Plant Installation
22.14 Clean-up
22.15 Observation Schedule
22.16 Landscape Maintenance
23. LANDSCAPE MAINTENANCE
23.1 Conditions
23.2 Scope of Work
23.3 Quality Assurance
23.4 Maintenance Period
23.5 Guarantee and Replacement
23.6 Observation Schedule
23.7 Final Acceptance of the Project
23.8 Materials
23.9 Maintenance
ATTACHMENT A – SECTION 3 CLAUSE
ATTACHMENT B – EQUAL OPPORTUNITY
FEDERAL LABOR STANDARDS PROVISIONS – FORM HUD-4010
PROPOSAL TO THE PUBLIC WORKS DEPARTMENT, CITY OF MARYSVILLE BIDDER’S BOND
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE
PUBLIC CONTRACT CODE SECTION 10232 STATEMENT
PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT
NON-COLLUSION AFFIDAVIT
SPECIAL PROVISIONS (continued)
LABOR CODE SECTION 1861 CERTIFICATION
DEBARMENT & SUSPENSION CERTIFICATION (TITLE 49 CFR, PART 29)
NONLOBBYING CERTIFICATION FOR FEDERAL-AID CONTRACTS
DISCLOSURE OF LOBBYING ACTIVITIES
EXHIBIT 15-G: CONSTRUCTION CONTRACT DBE COMMITMENT
EXHIBIT 15-H: DBE INFORMATION – GOOD FAITH EFFORTS
EXHIBIT 12-B: BIDDERSLIST OF SUBCONTRACTORS (DBE & NON-DBE) PAYROLL FORM WH-347
FEDERAL WAGE RATES
FHWA-1273 (EXHIBIT 12-G)
STATE LABOR STANDARD PROVISIONS
CONTRACTOR’S/SUBCONTRACTOR’S CERTIFICATION CONCERNING STATE
LABOR STANDARDS AND PREVAILING WAGES
DISADVANTAGED BUSINESS ENTERPRISE INFORMATION FORM
PROPOSAL CERTIFICATION
CONTRACT AGREEMENT
FAITHFUL PERFORMANCE BOND
PAYMENT BOND
CITY OF MARYSVILLE
STATE OF CALIFORNIA
PUBLIC WORKS DEPARTMENT
NOTICE TO CONTRACTORS
Sealed proposals will be received at the City Clerk’s Office, City of Marysville, located at City Hall, 526 C St, Marysville, California, 95901, until 3:00 P.M. on Thursday, December 2, 2021, at which time they will be publicly opened and read aloud, for construction in accordance with the specifications to which special reference is made as follows:
5TH STREET REHABILITATION
CONTRACT NO. 21-01
FEDERAL PROJECT NO. 5009(030)
No bid will be considered unless it is made on the bid form purchased from and furnished by the Public Works Department. Each bid must be accompanied by cash, cashier’s check, certified check, or a bidder’s bond executed by an admitted surety insurer made payable to the City of Marysville for an amount equal to at least ten percent (10%) of the total bid amount, such guaranty to be forfeited should the bidder to whom the contract is awarded fail to enter into the contract.
General Work Description:
The project involves the rehabilitation of 5th Street between J Street and E Street. The rehabilitation consists of the following:
Variable Depth AC Grinding
Two lift overlay of existing road surface
Installation of curb & gutter, parkway strip, sidewalk, driveways, and ADAcompliant curb ramps Installation of landscaping and landscaping irrigation
Storm drain inlet and pipe installations
Installation of new striping
Installation of new signal system, RRFB pedestrian crossing, and decorative street lights.
The estimated cost of the project is approximately $3,000,000. Completed the work within 100 working days.
The DBE Contract goal is _____23.0_____ percent.
A mandatory pre-bid meeting is scheduled for this project. It will be November 10, 2021 at 10:00 AM at City Hall, 526 C St, Marysville, California, 95901 Bids are required for the entire work described herein. The Contractor shall possess a Class A license.
City of Marysville Notice to Contractors 5TH STREET REHABILITATION
5TH STREET REHABILITATION
CONTRACT NO. 21-01
FEDERAL PROJECT NO. 5009(030)
The total quantity of materials estimated for this contract is in the table below:
Item
No.
Item Description Estimated
Quantity
Unit
1 Mobilization/Demobilization 1 LS
2 Traffic Control 1 LS
3 Construction Area Signs 1 LS
4 Profile / Taper Grind Existing Roadway
Section
117,200 SF
5 Remove Concrete Sidewalk, Curb, & Gutter 31,300 SF
6 Pavement Repair Sections 27,000 SF
7 Asphalt Concrete (3/4" HMA Type A) 2,870 TON
8 Minor Concrete (6"Barrier Curb and Gutter) 3,800 LF
9 Minor Concrete (Sidewalk- City Detail 103) 26,000 SF
10 Accessible Ramps / Truncated Domes within
sidewalk area
41 EA
11 Class 2 Aggregate Base (0.50 - feet) (under
Sidewalk)
970 TON
12 Minor Concrete (Heavy Duty Driveway City
Detail 105)
18 EA
13 Traffic Signal Work (Temporary signal
modifications and signal detection at H Street)
1 LS
14 Traffic Signal Work (Relocate/Replace Poles
& Mast Arms)
4 EA
15 Traffic Signal Work (Relocate/Replace Signal
Controls)
1 LS
16 RRFB Pedestrian crossing at F Street 1 LS
17 Adjust Existing Sewer Manhole Cover to
Grade
6 EA
18 Adjust AT&T Manhole Cover to Grade 7 EA
19 Adjust Water Valve Cover to Grade 17 EA
20 Roadside Sign - One Post 24 EA
21 Adjust Survey Monument Cover to Grade 4 EA
22 Pavement Delineation 1 LS
23 Single Head Decorative Street Lights
(includes all work from point of connection to
street light, includes installation of banner
brackets)
7 EA
24 Double Head Decorative Street Lights
(includes all work from point of connection to
street light, includes installation of banner
brackets)
7 EA
25 Planter Excavate, Scarify & Backfill with Top
Soil (Select material generated from
excavation)
5,715 SF
26 6" C900 PVC Irrigation Sleeves in Roadway 630 LF
City of Marysville Notice to Contractors 5TH STREET REHABILITATION
27 Landscape Irrigation System per Irrigation
Plans including sleeves
1 LS
28 Landscape Planting per Landscape Plans 1 LS
29 Landscape Planter Decomposed Granite 210 TON
30 6" Cobble Set in Concrete 1,100 SF
31 Class 2 Aggregate Base Under Concrete and
Cobble
27 TON
32 6" Median Planter Curb 1,875 LF
33 10 Inch Class 4 Reinforced Concrete Pipe 130 LF
34 8 Inch Class 4 Reinforced Concrete Pipe 141 LF
35 Remove Existing Storm Drain Inlet 9 EA
36 Connect to Existing Storm Drain 7 EA
37 City - Storm Drain Drop Inlet 9 EA
38 Adjust Existing Storm Drain Manhole Cover to
Grade
9 EA
39 Prepare SWPPP, File NOI, File NOT, and
SMARTS database reporting for the project
1 LS
40 SWPPP implementation including installation
and maintenance of all required BMPs during
construction
1 LS
Plans, specifications, and proposal forms for bidding this project can be obtained at the office of the Public Works Director, City of Marysville, 526 C St, Marysville, California, 95901, for a non-refundable deposit of $120 per set. If a contractor elects to submit a bid, the proposal form shall be obtained from the City. Deposit shall be in the form of a cashier’s check, personal check, or business check. If a contractor elects to have plans and specifications shipped via Fedex, they may contact the Public Works Department and provide their FedEx Account Number.
This project is subject to the “Buy America” provisions of the Surface Transportation Assistance Act of 1982 as amended by the Intermodal Surface Transportation Efficiency Act of 1991.
This contract is subject to state contract nondiscrimination and compliance requirements pursuant to Government Code Section 12990.
In accordance with the provisions of Section 1770 to 1790 of the Labor Code of the State of California, the City of Marysville has ascertained that the general prevailing rate of wages applicable to the locality in which the work is to be done to be listed in the “General Prevailing Wage Rates as determined by the Director of Industrial Relations,” which is on file at the Public Works Department and available from the California Department of Industrial Relations Internet website at
www.dir.ca.gov/OPRL/DPreWageDetermination.htm. The Federal minimum wage rates set forth in this project as predetermined by the United States Secretary of Labor are set forth in the books entitled “Notice to Contractors, Special Provisions, and Contract Documents”. The Federal minimum wage rates for this project may be obtained directly from the Department of Labor home page at www.wdol.gov/dba.aspx under CA9 wage City of Marysville Notice to Contractors 5TH STREET REHABILITATION
determination for Yuba County. Addenda to modify the Federal minimum wage rates, if necessary, will be issued to holders of the plans and specifications.
Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in the county, or counties, in which the work is to be done have been determined by the Director of the California Department of Industrial Relations. These wages are set forth in the General Prevailing Wage Rates for this project, available at the Labor Compliance Office at the offices of the State of California, Department of Transportation, District Director of Transportation, for the district in which the work is situated and at the office of the Marysville Public Works Department.
If there is a difference between the minimum wage rates predetermined by the Secretary of Labor and the general prevailing wage rates determined by the Director of the California Department of Industrial Relations for similar classifications of labor, the Contractor and subcontractors shall pay not less than the higher wage rate. The Department will not accept lower State wage rates not specifically included in the Federal minimum wage determinations. This includes “helper” (or other classifications based on hours of experience) or any other classification not appearing in the Federal wage determinations.
Where Federal wage determinations do not contain the State wage rate determination otherwise available for use by the Contractor and subcontractors, the Contractor and subcontractors shall pay not less than the Federal minimum wage rate which most closely approximates the duties of the employees in question.
It is mandatory that the Contractor to whom the contract is awarded and any subcontractor under him pay not less than said specified rates to all persons employed by them or either of them in the execution of the contract.
The successful bidder, at bidder’s own expense, shall furnish a faithful performance bond and a payment bond each in an amount of one hundred percent (100%) of the total bid, respectively, and in the form prescribed for use by the City of Marysville. The bonds shall be provided to the City at the time of execution of contract.
Bids will be required to set forth the price of the items bid upon, the total sales and use taxes that will be due on the purchase or use of the items bid upon, and a total figure for the price plus tax. Any difference between the taxes shown on the bid as the total figure and that actually due shall be the responsibility of the bidder.
No charge for delivery, shipping, parcel post, packing, insurance, license fees, permits, or for any other purpose will be paid by the City of Marysville unless expressly included and itemized in the bid.
Unit prices shall be shown on bids submitted as well as a total price for each item bid upon.
City of Marysville Notice to Contractors 5TH STREET REHABILITATION
If two or more bids received are for the same total amount or unit price, quality and service being equal, the City Council or its designee may accept the one it chooses or accept the lowest bid made after negotiation with tie bidders.
The officer or employee conducting the bidding procedure shall present the bid tabulation to the City Council or its designee for consideration and award if deemed appropriate.
In its discretion, the City Council of Marysville or its designee may reject any and all bids presented, may accept an item or group of items of any bid, may modify or cancel in whole or in part the notice inviting bids, and may determine to re-advertise for bids.
Similarly, the City Council or its designee reserves the right to waive informalities and minor irregularities in any bids received.
In connection with any discount offered, time will be computed from the date of delivery of supplies and/or equipment acceptable to the City or from the date correct invoices are received in the office of the officer or employee conducting the bidding process if the latter date is later than the date of delivery. Payment will be deemed to be made, for the purpose of earning the discount, on the date of the mailing of the City’s warrant.
Labor surcharge and equipment rental rates to be used on this contract shall be those in effect when the work is accomplished.
Pursuant to Section 22300, Public Contracts Code, the Contractor may elect to receive one hundred percent (100%) of payments due under the contract from time to time without retention of any portion of the payment by the public agency in accordance with the provisions of Section 22300 of the Public Contracts Code. Such securities, if deposited by the Contractor, shall be valued by the public agency’s finance director (treasurer), whose decision on valuation of the securities shall be final.
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 with limited exceptions from this requirement for bid purposes only under Labor Code Section 1771.1(a).
No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5.
The U.S. Department of Transportation (DOT) provides a toll-free “hotline” service to report bid-rigging activities. Bid-rigging activities can be reported Monday through Friday, between 8:00 A.M. and 5:00 P.M., Eastern time, telephone: 1-800-424-9071. Anyone with knowledge of possible bid rigging, bidder collusion, or other fraudulent activities should City of Marysville Notice to Contractors 5TH STREET REHABILITATION
use the hotline to report these activities. The hotline is part of the DOT’s continuing effort to identify and investigate highway construction contract fraud and abuse and is operated under the direction of the DOT Inspector General. All information will be treated confidentially, and caller anonymity will be respected.
Please direct questions to the Public Works Department, (530) 749-3902, attention Ellen Culver, or email at [email protected] . Nicole Moe, CITY CLERK
CITY COUNCIL OF MARYSVILLE
SECTION 1
DEFINITIONS
1.1 General – The work embodied herein shall be done in accordance with the appropriate provisions of the Specifications entitled “State of California, Department of Transportation, Standard Specifications for Construction of Local Streets and Roads,” dated 2018, insofar as the same may apply and in accordance with the following special provisions.
Whenever in said Standard Specifications and these Special Provisions the following terms are used, they shall be understood to mean and to refer to the following:
“Department” or “Department of Transportation” – The Public Works Department of the City of Marysville.
“Engineer” or “Director” – The City Engineer or the Director of Public Works of the City of Marysville or their authorized agents.
“Laboratory” – That laboratory designated by the Engineer. “State” – The City of Marysville.
Other terms appearing in the Standard Specifications and these Special Provisions shall have the intent and meaning specified in Section 1, Definition of Terms of the Standard Specifications.
In case of conflict between Standard Specifications and these Special Provisions, the Special Provisions shall take precedence over and be used in lieu of such conflicting portions.
SECTION 2
PROPOSAL AND CONTRACT REQUIREMENTS
2.1 Examination of Plans, Specifications, and Site of Work – The bidder is required to examine carefully the site of the proposed work, plans, special provisions, standard specifications, and contract forms for the work contemplated, and it will be assumed that the bidder investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished, and as to the requirements of the Special Provisions and the contract. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination.
2.2 Proposal Form – All proposal forms shall be directly purchased from the City of Marysville and shall be made upon the proposal forms included in these Special Provisions. All proposals must give the prices proposed, with unit prices prevailing, and must be signed by the bidder with his address. Copies of proposal forms obtained from a source other than the City will not be allowed.
City of Marysville Special Provisions 5TH STREET REHABILITATION
No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5 with limited exceptions from this requirement for bid purposes only under Labor Code Section 1771.1(a).
2.3 Delivery of Proposal – Said bid or proposal shall be delivered to the City Clerk’s Office, City of Marysville, in accordance with the Notice inviting sealed proposals.
2.4 Withdrawal of Proposal – No bidder may withdraw his proposal for a period of sixty (60) days after the date set for the opening thereof.
2.5 Competency of Bidder – The City may require any bidder to furnish a statement of financial responsibility, technical ability and experience. No bid will be accepted from a Contractor who is not licensed under Chapter 9, Division 3, California Business and Professions Code.
2.6 Rejection of Proposals – Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete bids, erasures, or irregularities of any kind.
The City reserves the right to waive any informality or irregularity in any bid or bidding. The right is reserved to reject any and all proposals.
2.7 Bidder Guaranty – All bids shall be presented under sealed cover and shall be accompanied by cashier’s check, certified check, or bidder’s bond, made payable to the City of Marysville, for an amount equal to at least ten percent (10%) of said bid, and no bids shall be considered unless such cashier’s check, certified check, or bidder’s bond is enclosed herewith.
2.8 Award of Contract – All bids will be compared on the basis of the Engineer's Estimate of quantities of work to be done.
The contract, if awarded, will be to the lowest responsible, responsive bidder.
No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code Section 1725.5.
2.9 Execution of Contract – The contract shall be executed by the successful bidder and returned, together with the contract bonds and certificates of insurance, within fifteen (15) days after the award of contract.
2.10 Contract Bonds – Contractor shall provide, at the time of the execution of the agreement or contract for work and at his own expense, an admitted surety bond in an amount equal to at least one hundred percent (100%) of the contract price as security for the faithful performance of said agreement. Contractor shall also provide, at the time City of Marysville Special Provisions 5TH STREET REHABILITATION
of the execution of the agreement or contract for the work, and at his own expense, a separate admitted surety bond in an amount equal to at least one hundred percent (100%) of the contract price as security for the payment of all persons performing labor and furnishing materials in connection with said agreement. Each bond shall be in the form included in these contract documents. Sureties on each of said bonds shall be satisfactory to the City Attorney.
2.11 Guaranty of Work – Notwithstanding the acceptance of said work and improvements and inspection thereof by the City, Contractor guarantees all of said work and shall perform or cause to be performed repairs, additions, or corrective work caused by the deficiency or omission of Contractor for one (1) year after the work has been completed and accepted by the City. The Faithful Performance Bond herein provided shall cover the guarantee set forth in this paragraph.
2.12 Federal Lobbying Restrictions – Section 1352, Title 31, United States Code prohibits Federal funds from being expended by the recipient or any lower tier subrecipient of a Federal-aid contract to pay for any person for influencing or attempting to influence a Federal agency or Congress in connection with the awarding of any Federalaid contract, the making of any Federal grant or loan, or the entering into of any cooperative agreement.
If any funds other than Federal funds have been paid for the same purposes in connection with this Federal-aid contract, the recipient shall submit an executed certification and, if required, submit a completed disclosure form as part of the bid documents.
A certification for Federal-aid contracts regarding payment of funds to lobby Congress or a Federal agency is included in the Proposal. Standard Form - LLL, “Disclosure of Lobbying Activities,” with instructions for completion of the Standard Form is also included in the proposal. Signing the proposal shall constitute signature of the certification.
The above-referenced certification and disclosure of lobbying activities shall be included in each subcontract and any lower-tier contracts exceeding One Hundred Thousand Dollars ($100,000). All disclosure forms, but not certifications, shall be forwarded from tier to tier until received by the Engineer.
The Contractor, subcontractors, and any lower-tier contractors shall file a disclosure form at the end of each calendar quarter in which there occurs any event that requires disclosure or that materially affects the accuracy of the information contained in any disclosure form previously filed by the Contractor, subcontractors, and any lower-tier contractors. An event that materially affects the accuracy of the information reported includes:
1) A cumulative increase of Twenty-five Thousand Dollars ($25,000) or more in the amount paid or expected to be paid for influencing or attempting to influence a covered Federal action; or
City of Marysville Special Provisions 5TH STREET REHABILITATION
2) A change in the person(s) or individual(s) influencing or attempting to influence a covered Federal action; or
3) A change in the officer(s), employees(s), or Member(s) contacted to influence or attempt to influence a covered Federal Action.
2.13 Disadvantaged Business Enterprise (DBE) – This project is subject to Title 49 CFR 26.13(b):
The Contractor, sub-recipient or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The Contractor shall carry out applicable requirements of 49 CFR, Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the recipient deems appropriate.
The DBE Contract goal is ___23.0____ percent.
Take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract (49 CFR 26).
To ensure there is equal participation of the DBE groups specified in 49 CFR 26.5, the Agency specifies a goal for Disadvantaged Business Enterprises (DBEs). DBE is a firm that meets the definition of DBE.
Make work available to DBEs and select work parts consistent with available DBE subcontractors and suppliers.
Meet the DBE goal shown in the Notice to Bidders or demonstrate that you made adequate good faith efforts to meet this goal.
It is your responsibility to verify that the DBE firm is certified as DBE at date of bid opening. For a list of DBEs certified by the California Unified Certification Program, go to:
https://dot.ca.gov/programs/civil-rights/dbe-search All DBE participation will count toward the California Department of Transportation’s federally mandated statewide overall DBE goal.
Credit for materials or supplies you purchase from DBEs counts towards the goal in the following manner:
1. 100 percent counts if the materials or supplies are obtained from a DBE manufacturer.
2. 60 percent counts if the materials or supplies are obtained from a DBE City of Marysville Special Provisions 5TH STREET REHABILITATION
regular dealer.
3. Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if obtained from a DBE that is neither a manufacturer, nor a regular dealer. 49 CFR 26.55 defines “manufacturer” and “regular dealer.”
You receive credit towards the goal if you employ a DBE trucking company that performs a commercially useful function as defined in 49 CFR 26.55.
DBE Commitment Submittal
Submit DBE information on the Local Agency Bidder DBE Commitment (Construction Contracts), Exhibit 15-G form, included in the Bid book. If the form is not submitted with the bid, remove the form from the Bid book before submitting your bid.
If the DBE Commitment form is not submitted with the bid, the apparent low bidder, the 2nd low bidder, and the 3rd low bidder must complete and submit the DBE Commitment form to the Agency. DBE Commitment form must be received by the Agency no later than 3:00 p.m. on the 5th calendar day after bid opening.
Other bidders do not need to submit the DBE Commitment form unless the Agency requests it. If the Agency requests you to submit a DBE Commitment form, submit the completed form within 5 calendar days of the request.
Submit written confirmation from each DBE stating that it is participating in the contract. Include confirmation with the DBE Commitment form. A copy of a DBE's quote will serve as written confirmation that the DBE is participating in the contract.
If you do not submit the DBE Commitment form within the specified time, the Agency finds your bid nonresponsive.
Good Faith Efforts Submittal
If you have not met the DBE goal, complete and submit the DBE Information - Good Faith Efforts, Exhibit 15-H form with the bid showing that you made adequate good faith efforts to meet the goal. Only good faith efforts directed towards obtaining participation by DBEs will be considered. If good faith efforts documentation is not submitted with the bid, it must be received by the Agency no later than 3:00 p.m. on the 5th calendar day after bid opening.
If your DBE Commitment form shows that you have met the DBE goal or if you are required to submit the DBE Commitment form, you must also submit good faith efforts documentation within the specified time to protect your eligibility for award of the contract in the event the Agency finds that the DBE goal has not been met.
Good faith efforts documentation must include the following information and City of Marysville Special Provisions 5TH STREET REHABILITATION
supporting documents, as necessary:
1. Items of work you have made available to DBE firms. Identify those items of work you might otherwise perform with its own forces and those items that have been broken down into economically feasible units to facilitate DBE participation. For each item listed, show the dollar value and percentage of the total contract. It is your responsibility to demonstrate that sufficient work to meet the goal was made available to DBE firms.
2. Names of certified DBEs and dates on which they were solicited to bid on the project. Include the items of work offered. Describe the methods used for following up initial solicitations to determine with certainty if the DBEs were interested, and the dates of the follow-up. Attach supporting documents such as copies of letters, memos, facsimiles sent, telephone logs, telephone billing statements, and other evidence of solicitation. You are reminded to solicit certified DBEs through all reasonable and available means and provide sufficient time to allow DBEs to respond.
3. Name of selected firm and its status as a DBE for each item of work made available. Include name, address, and telephone number of each DBE that provided a quote and their price quote. If the firm selected for the item is not a DBE, provide the reasons for the selection.
4. Name and date of each publication in which you requested DBE participation for the project. Attach copies of the published advertisements.
5. Names of agencies and dates on which they were contacted to provide assistance in contacting, recruiting, and using DBE firms. If the agencies were contacted in writing, provide copies of supporting documents.
6. List of efforts made to provide interested DBEs with adequate information about the plans, specifications, and requirements of the contract to assist them in responding to a solicitation. If you have provided information, identify the name of the DBE assisted, the nature of the information provided, and date of contact. Provide copies of supporting documents, as appropriate.
7. List of efforts made to assist interested DBEs in obtaining bonding, lines of credit, insurance, necessary equipment, supplies, and materials, excluding supplies and equipment that the DBE subcontractor purchases or leases from the prime contractor or its affiliate. If such assistance is provided by you, identify the name of the DBE assisted, nature of the assistance offered, and date. Provide copies of supporting documents, as appropriate.
8. Any additional data to support demonstration of good faith efforts.
The agency may consider DBE commitments of the 2nd and 3rd bidders when determining whether the low bidder made good faith efforts to meet the goal.
2.14 DBE Requirements – CDBG - This project is partially funded by the Department of Housing and Urban Development Community Development Block Grant (CDBG) funds. As such, this project is subject to the Requirement for Affirmative Action to Ensure Equal Employment Opportunity (Executive Order 11246). The contractor's compliance with the Executive Order and the regulations in 41 CFR Part 60-4 shall be based on its implementation of the Equal Opportunity Clause, specific affirmative action obligations required by the specifications set forth in 41 CFR 60-4.3(a), and its efforts to meet the goals established for the geographical area where the contract resulting from this solicitation is to be performed. The hours of minority and female employment and City of Marysville Special Provisions 5TH STREET REHABILITATION
training must be substantially uniform through the length of the contract, and in each trade, and the contractor shall make a good faith effort to employ minorities and women evenly on each of its projects. The transfer of minority or female employees or trainees from contractor to contractor or from project to project for the sole purpose of meeting the contractor's goals shall be a violation of the contract, the Executive Order and the regulations in 41 CFR Part 60-4. Compliance with the goals will be measured against the total work hours performed. As used in this contract, the term "minority or women's business enterprise" means a business, at least 50% of which is owned by minority group members or women or, in the case of publicly-owned businesses, at least 51% of the stock is owned by minority group members or women. For the purpose of this definition, minority group members are Black, Hispanics, Asians, Native Americans, Alaskans or Pacific Islanders.
In submitting a bid, the bidder shall, in the selection of any and all contractors, subcontractors, and vendors for the procurement of equipment, supplies, construction, and services related to the project, at a minimum, undertake the following affirmative “Good Faith Effort” steps. Failure to take these six (6) affirmative steps, prior to bid opening, and to submit the Disadvantaged Business Enterprise Information Form with the bid shall cause the bid to be rejected as a non-responsive bid.
Good Faith Effort Requirements
(1) Include minority and women business enterprises on solicitation lists; (2) Assure that minority and women business enterprises are solicited whenever they are potential sources, in a way that encourages and facilitates their participation in the competitive process.
(3) Divide total requirements, when economically feasible, into small tasks or quantities to permit maximum participation by minority and women business enterprises. (4) Establish delivery schedules, when the requirements of the work permit, which will encourage participation by minority and women business enterprises. (5) Use the services and assistance of the Small Business Administration and the U.S. Minority Business Development Agency, as appropriate; and (6) If any contractor awards sub-agreements, require the contractor to take the affirmative steps in paragraphs (1) through (5) of this section.
Each bid must include submission of the Disadvantaged Business Enterprise Information Form, identifying each proposed subcontractor/supplier/ vendor for the project. Using the Disadvantaged Business Enterprises Information Form, the bidder must provide the following information for each proposed subcontractor/supplier/vendor:
(1) Firm name; (2) Contact person; (3) Entity’s mailing address: (4) telephone number; (5) e-mail address; (6) The procurement on which the proposed subcontractor/supplier/vendor bid or quoted, and when; and (7) proposed City of Marysville Special Provisions 5TH STREET REHABILITATION
subcontractor/supplier/vendor status as a disadvantaged business enterprise or nondisadvantaged business enterprise.
Other Requirements
(1) The apparent successful low bidder must submit documentation showing that, prior to bid opening, the required Good Faith Effort was made. The documentation must be received by the City of Marysville within 3 working days following bid opening, except the Disadvantaged Business Enterprise Information Form, which is to be submitted with the bid. Failure to submit the Disadvantaged Business Enterprise Information Form with the bid will cause the bid to be rejected as non-responsive. (2) If the apparent successful low bidder has rejected or considered as nonresponsible and or non-responsive any low DBE sub-bidder, a complete explanation must be provided to the City of Marysville.
(3) Using the DBE Verification of Qualification Form, apparent successful low bidder must provide evidence of certification by a federal, State, or local government entity for each Disadvantaged Business Enterprise firm to be utilized. Such certification documentation shall be submitted within 3 working days following bid opening. (4) If additional procurement becomes necessary after the award of the prime contract, good faith efforts shall be applied, and, if Disadvantaged Business Enterprise subcontracts are awarded, the DBE Verification of Qualification Form shall be provided to the City of Marysville by the prime contractor within 10 working days following the award of each new subcontract.
(5) Any deviation from the information contained in the Disadvantaged Business Enterprise Information Form shall not result in a reduction of Disadvantaged Business Enterprise participation without prior approval of the City of Marysville. (6) Failure of the apparent low bidder to perform the six affirmative Good Faith Effort steps prior to bid opening and/or to submit the Disadvantaged Business Enterprise Information Form with its bid will lead to its bid being declared non-responsive by the City of Marysville. The City of Marysville may then award the contract to the next low responsive, responsible bidder meeting the requirements of these contract provisions. (7) Prime contractor must pay its subcontractor for satisfactory performance no more than 30 days from the prime contractor’s receipt of payment.
The bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth in these Special Provisions.
City of Marysville Special Provisions 5TH STREET REHABILITATION
2.15 Local Agency Bidder – DBE Information – A "Local Agency Bidder-DBE Information (Construction Contracts), Exhibit 15-G" form is included in the Special Provisions to be executed by the successful bidder. The purpose of the form is to collect data required under 49 CFR 26. Even if no DBE participation will be reported, the successful bidder must execute and return the form.
The successful bidder's "Local Agency Bidder- Information (Construction Contracts), Exhibit 15-G" form should include the names, addresses and phone numbers of DBE firms that will participate, with a complete description of work or supplies to be provided by each, and the dollar value of each DBE transaction. When 100 percent of a contract item of work is not to be performed or furnished by a DBE, a description of the exact portion of that work to be performed or furnished by that DBE should be included in the DBE information, including the planned location of that work. A successful bidder certified as a DBE should describe the work it has committed to performing with its own forces as well as any other work that it has committed to be performed by DBE subcontractors, suppliers and trucking companies.
The successful bidder is encouraged to provide written confirmation from each DBE that the DBE is participating in the contract. A copy of a DBE's quote will serve as written confirmation that the DBE is participating in the contract. If a DBE is participating as a joint venture partner, the successful bidder is encouraged to submit a copy of the joint venture agreement.
The "Local Agency Bidder-DBE Information (Construction Contracts), Exhibit 15- G" form shall be completed and returned to the Agency by the successful bidder with the executed contract and contract bonds.
SECTION 3
CONTROL OF THE WORK
3.1 General – Attention is directed to the provisions of Section 5 of the Standard Specifications and the following provisions.
3.2 Lines, Grades, and Surveying – The Contractor shall be responsible for hiring a licensed land surveyor to perform all necessary construction staking. Construction staking shall be considered included in the price or prices bid for various related items of work in the bid schedule and no additional compensation will be allowed therefor.
3.3 Intent of Plans and Specifications – These Special Provisions, the Plans, the Standard Specifications, and all supplementary documents are essential parts of the contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be cooperative, to describe and to provide for a complete work. Plans shall govern over Standard Specifications, and Special Provisions shall govern over both Plans and Standard Specifications.
3.4 Environmental Control – Attention is directed to Sections 13 and 14 of the Standard Specifications. The Contractor shall comply with all environmental control rules, City of Marysville Special Provisions 5TH STREET REHABILITATION
regulations, ordinances, and statutes that apply to the project and any work performed pursuant to the contract.
Contractor shall haul away and dispose of all removed waste materials at a proper disposal site.
Unless otherwise designated, all trees, landscaping, and shrubbery shall be protected.
Contractor will be required to provide the City a spill countermeasure plan prior to beginning construction.
3.5 Final Inspection – The Contractor shall notify the Engineer in writing of the completion of the work, and the Engineer will promptly inspect the work. The Engineer will develop a final punch list, and the Contractor will be notified in writing of any defects or deficiencies to be remedied. When notified that this work has been completed, the Engineer will again inspect the work and when satisfied that all work has been done in accordance with the contract drawings and these Special Provisions, he will recommend to the City Council that they formally accept the contract as complete. The completion date, for purposes of computing “Time for Completion” and liquidated damages, if any, will be considered to be the date of Contractor’s first written completion notice, provided that, in the Engineer’s judgment, the work is substantially complete and operational at that time.
SECTION 4
LEGAL REGULATIONS AND
RESPONSIBILITY TO THE PUBLIC
4.1 Laws to be Observed – The Contractor shall keep himself fully informed of all existing state and national laws and all municipal ordinances and regulations of the City of Marysville which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same.
4.2 Prevailing Wages – It shall be mandatory upon the Contractor to whom the contract is awarded, and upon any subcontractor under him, to pay not less than the specified rates as listed in the “Notice to Contractors” to all laborers, workmen, and mechanics employed by them in the execution of the contract. The Contractor shall provide the City with a certified copy of all payroll records in accordance with Section 1776 of the Labor Code. The Contractor and all subcontractors shall furnish electronic certified payroll records directly to the Labor Commissioner (aka Division of Labor Standards Enforcement).
4.3 Prevailing Wages – Davis-Bacon Act Provisions – This CDBG funded project must comply with the Davis-Bacon Act.
City of Marysville Special Provisions 5TH STREET REHABILITATION
“(a)(1) Minimum wages.
(i) All laborers and mechanics employed or working upon the site of the work (or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project), will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section (1)(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in Sec. 5.5(a)(4).
Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and
(2) The classification is utilized in the area by the construction industry; and (3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (B) If the contractor and the laborers and mechanics to be employed in the City of Marysville Special Provisions 5TH STREET REHABILITATION
classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs (a)(1)(ii) (B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2) Withholding. The City of Marysville shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937 or under City of Marysville Special Provisions 5TH STREET REHABILITATION
the Housing Act of 1949 in the construction or development of the project), all or part of the wages required by the contract, the City of Marysville may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.
(3) Payrolls and basic records.
(i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the construction or development of the project). Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.
(ii)(A) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the City of Marysville if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit the payrolls to the City of Marysville, sponsor, or owner, as the case may be, for transmission to the City of Marysville. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals.
Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors.
Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the appropriate federal agency if the agency is a party to the contract, but if the agency is not such a party, the contractor will submit them to the applicant, sponsor, or owner, as the case may City of Marysville Special Provisions 5TH STREET REHABILITATION
be, for transmission to the City of Marysville, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant, sponsor, or owner).
(B) Each payroll submitted shall be accompanied by a ``Statement of Compliance,'' signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under Sec. 5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under Sec. 5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the ``Statement of Compliance'' required by paragraph (a)(3)(ii)(B) of this section. (D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.
(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the City of Marysville or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
(4) Apprentices and trainees—
City of Marysville Special Provisions 5TH STREET REHABILITATION
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S.
Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour City of Marysville Special Provisions 5TH STREET REHABILITATION
Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. (5) Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. (6) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR 5.5(a)(1) through (10) and such other clauses as the (write in the name of the Federal agency) may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. (7) Contract termination: debarment. A breach of the contract clauses in 29 CFR
5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. (9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.
(10) Certification of eligibility.
(i) By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm City of Marysville Special Provisions 5TH STREET REHABILITATION
ineligible to be awarded Government contracts by virtue of section 3(a) of the DavisBacon Act or 29 CFR 5.12(a)(1). (ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
(b) Contract Work Hours and Safety Standards Act. The Agency Head shall cause or require the contracting officer to insert the following clauses set forth in paragraphs (b)(1), (2), (3), and (4) of this section in full in any contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by Sec.
5.5(a) or 4.6 of part 4 of this title. As used in this paragraph, the terms laborers and mechanics include watchmen and guards.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (b)(1) of this section the contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (b)(1) of this section. (3) Withholding for unpaid wages and liquidated damages. The City of Marysville shall upon its own action or upon written request of an authorized representative of the Department of
Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages City of Marysville Special Provisions 5TH STREET REHABILITATION
as provided in the clause set forth in paragraph (b)(2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (b)(1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (b)(1) through (4) of this section. (c) In addition to the clauses contained in paragraph (b), in any contract subject only to the Contract Work Hours and Safety Standards Act and not to any of the other statutes cited in Sec. 5.1, the Agency Head shall cause or require the contracting officer to insert a clause requiring that the contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. Further, the Agency Head shall cause or require the contracting officer to insert in any such contract a clause providing that the records to be maintained under this paragraph shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the City of Marysville and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job.”
5. Compliance Verification.
(a) The sub recipient shall periodically interview a sufficient number of employees entitled to DB prevailing wages (covered employees) to verify that contractors or subcontractors are paying the appropriate wage rates. As provided in 29 CFR 5.6(a)(3), all interviews must be conducted in confidence. The sub recipient must use Standard Form 1445 (SF 1445) or equivalent documentation to memorialize the interviews. Copies of the SF 1445 are available from EPA on request.
(b) The sub recipient shall establish and follow an interview schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract. Sub recipients must conduct more frequent interviews if the initial interviews or other information indicated that there is a risk that the contractor or subcontractor is not complying with DB.
Sub recipients shall immediately conduct interviews in response to an alleged violation of the prevailing wage requirements. All interviews shall be conducted in confidence."
(c) The sub recipient shall periodically conduct spot checks of a representative sample of weekly payroll data to verify that contractors or subcontractors are paying the appropriate wage rates. The sub recipient shall establish and follow a spot check schedule based on its assessment of the risks of noncompliance with DB posed by contractors or subcontractors and the duration of the contract or subcontract. At a minimum, if practicable, the sub recipient should spot check payroll data within two weeks City of Marysville Special Provisions 5TH STREET REHABILITATION
of each contractor or subcontractor's submission of its initial payroll data and two weeks prior to the completion date the contract or subcontract. Sub recipients must conduct more frequent spot checks if the initial spot check or other information indicates that there is a risk that the contractor or subcontractor is not complying with DB. In addition, during the examinations the sub recipient shall verify evidence of fringe benefit plans and payments there under by contractors and subcontractors who claim credit for fringe benefit contributions.
(d) The sub recipient shall periodically review contractors' and subcontractors' use of apprentices and trainees to verify registration and certification with respect to apprenticeship and training programs approved by either the U.S Department of Labor or a state, as appropriate, and that contractors and subcontractors are not using disproportionate numbers of, laborers, trainees and apprentices. These reviews shall be conducted in accordance with the schedules for spot checks and interviews described in Item 5(b) and (c) above.
(e) Sub recipients must immediately report potential violations of the DB prevailing wage requirements to the EPA DB contact listed above and to the appropriate DOL Wage and Hour District Office listed at http://www.dol.gov/whd/america2.htm .
This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.
4.4 Permits and Licenses – 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. There will be no charge for the permits from the City.
All contractors, including subcontractors, shall have a City business license in accordance with Section 5-4.02 of the Marysville Municipal Code.
4.5 Indemnity – The City of Marysville and all officers and employees thereof connected with the work, including but not limited to the Director and the Engineer, shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the work; for injury to or death of any person, either workmen or the public; or for damage to property from any cause which might have been prevented by the Contractor, or his workmen, or anyone employed by him.
The Contractor shall be responsible for any liability imposed by law and for injuries to or death of any person, including but not limited to workmen and the public, or damage to property resulting from defects or obstructions or from any cause whatsoever during the progress of the work or at any time before its completion and final acceptance.
The Contractor shall indemnify and save harmless the City of Marysville and all officers and employees thereof connected with the work, including but not limited to the Director and the Engineer, from all claims, suits or actions of every name, kind and City of Marysville Special Provisions 5TH STREET REHABILITATION
description, brought forth, or on account of, injuries to or death of any person, including but not limited to workmen and the public, or damage to property resulting from the performance of a contract, except as otherwise provided by statute. The duty of the Contractor to indemnify and save harmless includes the duties to defend as set forth in Section 2778 of the Civil Code.
With respect to third party claims against the Contractor, the Contractor waives any and all rights to any type of express or implied indemnity against the City, its officers or employees.
It is the intent of the parties that the Contractor will indemnify and hold harmless the City, its officers and employees from any and all claims, suits or actions as set forth above regardless of the existence or degree of fault or negligence on the part of the City, the Contractor, the subcontractor or employee of any of these, other than the active negligence of the City, its officers and employees.
4.6 Insurance – The Contractor shall procure and maintain for the duration of the contract insurance against all claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors. a. Minimum Scope of Insurance – Coverage shall be at least as broad as:
1) Insurance Services Offices Commercial General Liability coverage (occurrence Form CG 00 01) including products and completed operations.
2) Insurance Services Office Form Number CA 0001 covering Automobile Liability, Code I (any auto).
3) Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.
b. Minimum Limits of Insurance – The Contractor shall maintain limits no less than:
1) General Liability: $2,000,000 per occurrence for bodily injury, personal injury, and property damage. The aggregate limit shall be $2,000,000 and shall apply separately to the Contractor’s work under this contract.
2) Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
3) Workers Compensation: Statutory limits.
City of Marysville Special Provisions 5TH STREET REHABILITATION
4) Employers’ Liability: $1,000,000 each accident,
$1,000,000 policy limit bodily injury by disease, $1,000,000 each employee bodily injury by disease.
If the contractor maintains higher limits than the minimums shown above, the City shall be entitled to coverage for the higher limits maintained by the contractor.
c. Deductibles and Self-Insurance Retention – Any deductibles or selfinsurance retention must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or selfinsurance retention as respects the City, its officers, officials, employees and volunteers, or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.
d. Other Insurance Provisions – The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
1) The City, its officers, officials, employees, and volunteers are to be covered as insureds on the CGL and automobile liability policies with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 23 37 forms if later revisions are used).
2) For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it. 3) Each insurance policy required by this clause shall provide that coverage shall not be canceled, except after 30 days prior written notice has been provided to the City or 10 days prior written notice for nonpayment of premium. e. Acceptability of Insurer – Insurance is to be placed with insurers with a current A.M. Best rating of no less than A:VII unless otherwise acceptable to the City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.
f. Verification of Coverage – Contractor shall furnish the City with original certificates and amendatory endorsements, or copies of the applicable City of Marysville Special Provisions 5TH STREET REHABILITATION
insurance language, effecting coverage required by this contract. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The Entity reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time. g. Subcontractors – Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein. h. Waiver of Subrogation – Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation.
The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.
If the Contractor fails to maintain any insurance as required by this section, the City of Marysville may take out such insurance to cover any damages for which the City of Marysville might be held liable on account of the operations under this contract, and deduct and retain the amount of the premiums for such insurance from any sums due the Contractor under the contract. Nothing herein contained shall be construed as limiting in any way the extent to which the Contractor may be held responsible for payment of damages resulting from his operations, or those of any subcontractor under him.
Maintenance of proper insurance coverage is a material element of the contract and failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.
4.7 No Personal Liability – Neither the Mayor, the Council, the Engineer, nor any other officer or authorized assistant or agent shall be personally responsible for any liability arising under the contract.
4.8 Responsibility of City – The City shall not be held responsible for the care or protection of any materials or parts of the work prior to final acceptance, except as expressly provided in these Special Provisions.
4.9 Domestic Materials – Only such materials shall be used in the performance of this contract as conform to the requirements of Chapter 4 of Division 5 of Title 1 of Government Code of the State of California except as otherwise provided in certain treaties and general trade agreements of the United States.
4.10 Apprenticeship Requirements – Attention is directed to the provisions in Sections 1777.5, 1777.6 and 1777.7 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him.
City of Marysville Special Provisions 5TH STREET REHABILITATION
Section 1777.5, as amended in 1989, requires the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will fix the ratio of apprentices to journeymen that will be used in the performance of the contract to be not less than one to five hours except:
a. When employment in the area of coverage by the joint apprenticeship committee has exceed an average of fifteen percent (15%) in the ninety (90) days prior to the request for certificate; or b. When the number of apprentices in training in the area exceeds a ratio of one to five (1:5); or
c. When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally; or
d. When the contractor provides evidence that he employs registered apprentices on all of his contracts on an annual average of not less than one apprentice to eight journeymen; or
e. When a joint apprenticeship committee submits an application to DAS for an alternative ratio based on a 1:5 daily worker count if the hourly ratio is not feasible for that particular craft or trade.
In addition to the above exceptions, contracts of specialty contractors not bidding through a general contractor and involving less than twenty (20) working days or Thirty Thousand Dollars ($30,000) are exempt from the provisions of Section 1777.5.
This is the same exemption that applies to contracts of general contractors. However, a subcontractor bidding through a general contractor must comply with Section 1777.5 no matter how small the subcontract if the contract between the general contractor and the awarding body is covered by Section 1777.5.
Effective January 1, 1990, the Contractor must promptly provide certain contract award information to the joint apprenticeship committee of the apprenticeable craft or trade in the area of the site of the public work. This contract award information must include an estimate of the journeymen hours required, the number of apprentices to be employed, and the approximate date of apprentice employment.
The Contractor is required to make contributions to local funds established for the administration of apprenticeship programs or to the California Apprenticeship Council if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other Contractors on the public works site are making such contributions.
City of Marysville Special Provisions 5TH STREET REHABILITATION
Noncompliance by the Contractor and subcontractor under him with the requirements of Sections 1777.5 and 1777.6 shall result in denial of right to bid on contracts and civil penalties as more particularly set forth in Section 1777.7.
Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
4.11 Subcontracting – Attention is directed to the provisions in Section 5-1.13, “Subcontracting” of the Standard Specifications. The “titleetting and Subcontracting Fair Practices Act” (Public Contract Code Section 4100 through and including 4114, inclusive) shall apply to the work the subject of this invitation. Said Act requires subcontractors, if used for such work, to be listed and identified in the prime contractor’s proposal. It further prohibits the substitution of subcontractors, except as therein specifically authorized (Section 4107 and 4107.5); said Act provides that if the prime contractor fails to specify a subcontractor or specifies more than one subcontractor for the same portion of the work to be performed, in excess of one-half of one percent of the prime contractor’s total bid, under those circumstances, it shall be presumed that the prime contractor agrees that he is fully qualified to perform the work himself and that he shall perform the work himself.
Each bidder shall, with respect to the work the subject of this invitation, list in his proposal:
a. The name and location of the place of business of each subcontractor who will perform work or labor or render services to the prime 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 prime contractor’s total bid. b. The portion of the work which will be done by each such subcontractor. One subcontractor shall be listed for each such portion.
4.12 Subcontractor and DBE Records – Use each DBE subcontractor as listed on the List of Subcontractors form and the Local Agency Bidder DBE Commitment (Construction Contracts), Exhibit 15-G, forms unless you receive authorization for a substitution.
The Agency requests the Contractor to:
1. Notify the Engineer of any changes to its anticipated DBE participation
2. Provide this notification before starting the affected work Maintain records including:
1. Name and business address of each 1st-tier subcontractor
2. Name and business address of each DBE subcontractor, DBE vendor, and DBE trucking company, regardless of tier
3. Date of payment and total amount paid to each business City of Marysville Special Provisions 5TH STREET REHABILITATION
If you are a DBE contractor, include the date of work performed by your own forces and the corresponding value of the work.
Before the 15th of each month, submit a Monthly DBE Trucking Verification form.
If a DBE is decertified before completing its work, the DBE must notify you in writing of the decertification date. If a business becomes a certified DBE before completing its work, the business must notify you in writing of the certification date. Submit the notifications. On work completion, complete a Disadvantaged Business Enterprises (DBE) Certification Status Change, Exhibit 17-O, form. Submit the form within 30 days of contract acceptance.
Upon work completion, complete a Final Report – Utilization of Disadvantaged Business Enterprises (DBE), First-Tier Subcontractors, Exhibit 17-F, form. Submit it within 90 days of contract acceptance. The Agency withholds $10,000 until the form is submitted. The Agency releases the withhold upon submission of the completed form.
4.13 Differing Site Conditions
a. During the progress of the work, the Contractor shall immediately, and before the following conditions are disturbed, notify the Engineer, in writing, of any:
1) Material that the contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law;
2) Subsurface or latent physical conditions at the site differing from those indicated;
3) Unknown physical conditions at the site differing from and generally recognized as inherent in work of the character provided for in the contract.
b. Upon written notification, the Engineer will promptly investigate the conditions, and if the Engineer finds that the conditions do materially differ or do involve hazardous waste and cause a decrease or increase in the Contractor’s cost of or time required for performance of any part of the work, an adjustment, excluding loss of anticipated profits, will be made and the contract modified in writing accordingly.
In the event that a dispute arises whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor’s cost of or time required for performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract.
The Contractor shall retain any and all rights provided either by contract or by law City of Marysville Special Provisions 5TH STREET REHABILITATION
which pertain to the resolution of disputes and protests between the contracting parties.
4.14 Working Hour Restrictions – Eight (8) hours of labor is a legal day’s work.
Any worker’s time of service is restricted to eight (8) hours during any calendar day and forty (40) hours during a calendar week, unless overtime compensation is paid at not less than one and one-half times the basic rate of pay. The Contractor shall pay a penalty of Twenty-five Dollars ($25) for each day a worker is employed in violation of these provisions.
4.15 Examination and Audit – Notwithstanding any other provision of law, every contract involving the expenditure of public funds in excess of Ten Thousand Dollars ($10,000) entered into by any State agency, board, commission, or department, or by any other public entity, including a City, County, or District, shall be subject to the examination and audit of the State Auditor, at the request of the public entity or as part of any audit of the public entity, for a period of three (3) years after final payment under the contract.
Contractor shall also be subject to examination and audit for the same time period.
4.16 Equal Opportunity Clause – During the performance of this contract, the contractor agrees as follows:
a. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin.
The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
b. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.
c. The contractor will send to each labor union or representative of workers with which the contractor has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
City of Marysville Special Provisions 5TH STREET REHABILITATION
d. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor.
e. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to its books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
f. In the event of the contractor's noncompliance with the discrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further government contracts or Federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rules, regulations, or orders of the Secretary of Labor, or as otherwise provided by law.
g. The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to Section 504 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States.
4.17 Federal Equal Employment Opportunity Construction Contract Specifications
a. As used in this section:
1) "Covered area" means the geographical area described in the solicitation from which this contract resulted.
2) "Director" means Director, Office of Federal Contract Compliance Programs, United States Department of Labor, or any person to whom the Director delegates authority.
City of Marysville Special Provisions 5TH STREET REHABILITATION
3) "Employer identification number" means the Federal social security number used on the Employer's Quarterly Federal Tax Return, U.S.
Treasury Department Form 941.
4) "Minority" includes:
i. Black (all persons having origins in any of the Black African racial groups not of Hispanic origin).
ii. Hispanic (all persons of Mexican, Puerto Rican,
Cuban, Central or South American or other Spanish culture or origin, regardless of race).
iii. Asian and Pacific Islander (all persons having origins in any of the original peoples of the Far East, southeast Asia, the Indian subcontinent or the Pacific Islands).
iv. American Indian or Alaskan Native (all persons having origins in any of the original peoples of North America and maintaining identifiable tribal affiliations through membership and participation or community identification).
b. Whenever the contractor, or any subcontractor at any tier, subcontracts a portion of the work involving any construction trade, it shall physically include in each subcontract in excess of $10,000 the provisions of these specifications and the notice which contains the applicable goals for minority and female participation and which is set forth in the solicitations from which this contract resulted.
c. If the contractor is participating (pursuant to 41 CFR 60-4.5) in a Hometown Plan approved by the U. S. Department of Labor in the covered area either individually or through an association, its affirmative action obligations on all work in the plan area (including goals and timetables) shall be in accordance with that plan for those trades which have unions participating in the plan. Contractors must be able to demonstrate their participation in and compliance with the provisions of any such Hometown Plan. Each contractor or subcontractor participating in an approved plan is individually required to comply with its obligations under the EEO clause, and to make a good faith effort to achieve each goal under the plan in each trade in which it has employees. The overall good faith performance by other contractors or subcontractors toward a goal in an approved plan does not excuse any covered contractor's or subcontractor's failure to take good faith efforts to achieve the plan's goals and timetables. d. The contractor shall implement the specific affirmative action standards provided in paragraphs g.1). through g.16). The goals set forth in the solicitation from which this contract resulted are expressed as percentages of the total hours of employment and training of minority and female utilization the City of Marysville Special Provisions 5TH STREET REHABILITATION
contractor should reasonably be able to achieve in each construction trade in which it has employees in the covered area. Covered construction contractors performing construction work in geographical areas where they do not have a Federal or Federally-assisted construction contract shall apply the minority and female goals established for the geographical area where the work is being performed. Goals are published periodically in the Federal Register in notice form and such notices may be obtained from any Office of Federal Contract Compliance Programs or from Federal procurement contracting officers. The contractor is expected to make substantially uniform progress in meeting its goals in each craft during the period specified.
e. Neither the provisions of any collective bargaining agreement, nor the failure by a union with whom the contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the contractor's obligations under these specifications, Executive Order 11246, or the regulations promulgated pursuant thereto.
f. In order for the non-working training hours of apprentices and trainees to be counted in meeting the goals, such apprentices and trainees must be employed by the contractor during the training period, and the contractor must have made a commitment to employ the apprentices and trainees at the completion of their training, subject to the availability of employment opportunities.
Trainees must be trained pursuant to training programs approved by the U.S.
Department of Labor.
g. The contractor shall take specific affirmative actions to ensure equal employment opportunity. The evaluation of the contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The contractor shall document these efforts fully and shall implement affirmative action steps at least as extensive as the following:
1) Ensure and maintain a working environment free of
harassment, intimidation, and coercion at all sites, and in all facilities at which the contractor's employees are assigned to work. The contractor, where possible, will assign two or more women to each construction project.
The contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the contractor's obligation to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities.
2) Establish and maintain a current list of minority and female recruitment sources, provide written notification to minority and female recruitment sources and to community organizations when the contractor or its unions have employment opportunities available, and maintain a record of the organizations' responses.
City of Marysville Special Provisions 5TH STREET REHABILITATION
3) Maintain a current file of the names, addresses and telephone numbers of each minority and female off-the-street applicant and minority or female referral from a union, a recruitment source or community organization and of what action was taken with respect to each such individual. If such individual was sent to the union hiring hall for referral and was not referred back to the contractor by the union or, if referred, not employed by the contractor, this shall be documented in the file with the reason therefore, along with whatever additional actions the contractor may have taken.
4) Provide immediate written notification to the Director when the union or unions with which the contractor has a collective bargaining agreement has not referred to the contractor a minority person or woman sent by the contractor or when the contractor has other information that the union referral process has impeded the contractor's efforts to meet its obligations.
5) Develop on-the-job training opportunities and/or participate in training programs for the area which expressly include minorities and women, including upgrading programs and apprenticeship and trainee programs relevant to the contractor's employment needs, especially those programs funded or approved by the Department of Labor. The contractor shall provide notice of these programs to the sources compiled under g.2) above.
6) Disseminate the contractor's EEO policy by providing notice of the policy to unions and training programs and requesting their cooperation in assisting the contractor in meeting its EEO obligations; by including it in any policy manual and collective bargaining agreement; by publicizing it in the company newspaper, annual report, etc; by specific review of the policy with all management personnel and with all minority and female employees at least once a year; and by posting the company EEO policy on bulletin boards accessible to all employees at each location where construction work is performed.
7) Review at least annually, the company's EEO policy and affirmative action obligations under these specifications with all employees having any responsibility for hiring, assignment, layoff, termination or other employment decisions, including specific review of these items with on-site supervisory personnel such as superintendents, general foremen, etc., prior to the initiation of construction work at any job site. A written record shall be made and maintained identifying the time and place of these meetings, persons attending, subject matter discussed, and disposition of the subject matter.
8) Disseminate the contractor's EEO policy externally by including it in any advertising in the news media, specifically including City of Marysville Special Provisions 5TH STREET REHABILITATION
minority and female news media, and providing written notification to and discussing the contractor's EEO policy with other contractors and subcontractors with whom the contractor does or anticipates doing business.
9) Direct its recruitment efforts, both oral and written, to minority, female and community organizations, to schools with minority and female students and to minority and female recruitment and training organizations serving the contractor's recruitment area and employment needs. Not later than one month prior to the date for the acceptance of applications for apprenticeship or other training by any recruitment source, the contractor shall send written notification to organizations such as the above, describing the openings, screening procedures, and tests to be used in the selection process.
10) Encourage present minority and female employees to recruit other minority persons and women and, where reasonable, provide afterschool summer and vacation employment to minority and female youth both on the site and in other areas of a contractor's workforce. 11) Validate all tests and other selection requirements where there is an obligation to do so under 41 CFR Part 60.3. 12) Conduct at least annually, an inventory and evaluation at least of all minority and female personnel for promotional opportunities and encourage these employees to seek or to prepare for, through appropriate training, etc., such opportunities.
13) Ensure that seniority practices, job classifications, work assignments and other personnel practices, do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the EEO policy and the contractor's obligations under these specifications are being carried out.
14) Ensure that all facilities and company activities are nonsegregated except that separate or single-user toilet and necessary changing facilities shall be provided to assure privacy between the sexes. 15) Document and maintain a record of all solicitations of offers for subcontracts from minority and female construction contractors and suppliers, including circulation of solicitations to minority and female contractor associations and other business associations. 16) Conduct a review, at least annually, of all supervisors' adherence to and performance under the contractor's EEO policies and affirmative action obligations.
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h. Contractors are encouraged to participate in voluntary associations which assist in fulfilling one or more of their affirmative action obligations (g.1) through g.16)). The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under g.1) through g.16) of these specifications provided that the contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the contractor's minority and female workforce participation, makes a good faith effort to meet its individual goals and timetables, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the contractor. The obligation to comply, however, is the contractor's and failure of such a group to fulfill an obligation shall not be a defense for the contractor's noncompliance. i. A single goal for minorities and a separate single goal for women have been established. The contractor, however, is required to provide equal employment opportunity and to take affirmative action for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the contractor may be in violation of the Executive Order if a particular group is employed in a substantially disparate manner (for example, even though the contractor has achieved its goals for women generally, the contractor may be in violation of the Executive Order if a specific minority group of women is underutilized). j. The contractor shall not use the goals and timetables or affirmative action standards to discriminate against any person because of race, color, religion, sex or national origin.
k. The contractor shall not enter into any subcontract with any person or firm debarred from government contracts pursuant to Executive Order 11246. l. The contractor shall carry out such sanctions and penalties for violation of these specifications and of the Equal Opportunity Clause, including suspension, termination and cancellation of existing subcontracts as may be imposed or ordered pursuant to Executive Order 11246, as amended, and its implementing regulations, by the Office of Federal Contract Compliance Programs.
Any contractor who fails to carry out such sanctions and penalties shall be in violation of these specifications and Executive Order 11246, as amended. m. The contractor, in fulfilling its obligations under these specifications, shall implement specific affirmative action steps, at least as extensive as those standards prescribed in paragraph g of these specifications, so as to achieve maximum results from its efforts to ensure equal employment opportunity. If the contractor fails to comply with the requirements of the Executive Order, the implementing regulations, or these specifications, the Director shall proceed in accordance with 41 CFR 60-4.8.
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n. The contractor shall designate a responsible official to monitor all employment related activity to ensure that the company's EEO policy is being carried out, to submit reports relating to the provisions hereof as may be required by the government and to keep records. Records shall at least include for each employee the name, address, telephone number, construction trade, union affiliation, if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice, trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in an easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records.
o. Nothing herein provided shall be construed as a limitation upon the application of other laws which establish different standards of compliance or upon the application of requirements for the hiring of local or other area resident (e.g., those under the Public Works Employment Act of 1977 and the Community Development Block Grant Program).
p. By the submission of this bid, the bidder, offeror, applicant, or subcontractor certifies that he/she does not maintain or provide for his/her employees any segregated facility at any of his/her establishments, and that he/she does not permit employees to perform their services at any location under his/her control where segregated facilities are maintained. He/she certifies further that he/she will not maintain or provide for employees any segregated facilities at any of his/her establishments, and he/she will not permit employees to perform their services at any location under his/her control where segregated facilities are maintained. The bidder, offeror, applicant, or subcontractor agrees that a breach of this certification is a violation of the Equal Opportunity Clause of this contract.
As used in this certification, the term "segregated facilities" means any waiting rooms, work areas, rest rooms and wash rooms, restaurants and other eating areas, time clocks, locker rooms, and other storage or dressing areas,* transportation and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion, or national origin, habits, local custom, or otherwise. He/she further agrees that (except where he/she has obtained identical certifications from proposed subcontractors for specific time periods) he/she will obtain identical certifications from proposed subcontractors prior to the award of subcontracts exceeding $10,000 which are not exempt from the provisions of the Equal Opportunity Clause; that he/she will retain such certifications in his/her files; and that he/she will forward the following notice to such proposed subcontractors (except where proposed subcontractors have submitted identical certifications for specific time periods).
4.18 Performance of Subcontractors – DBEs must perform work or supply City of Marysville Special Provisions 5TH STREET REHABILITATION
materials as listed in the Local Agency Bidder DBE Commitment (Construction Contracts), Exhibit 15-G, included in the Bid.
Do not terminate or substitute a listed DBE for convenience and perform the work with your own forces or obtain materials from other sources without authorization from the Agency.
The Agency authorizes a request to use other forces or sources of materials if it shows any of the following justifications:
1. Listed DBE fails or refuses to execute a written contract based on plans and specifications for the project.
2. You stipulated that a bond is a condition of executing the subcontract and the listed DBE fails to meet your bond
requirements.
3. Work requires a contractor's license and listed DBE does not have a valid license under Contractors License Law.
4. Listed DBE fails or refuses to perform the work or furnish the listed materials.
5. Listed DBE's work is unsatisfactory and not in compliance with the contract.
6. Listed DBE is ineligible to work on the project because of suspension or debarment.
7. Listed DBE becomes bankrupt or insolvent.
8. Listed DBE voluntarily withdraws with written notice from the Contract
9. Listed DBE is ineligible to receive credit for the type of work required.
10. Listed DBE owner dies or becomes disabled resulting in the inability to perform the work on the Contract.
11. Agency determines other documented good cause.
Notify the original DBE of your intent to use other forces or material sources and provide the reasons. Provide the DBE with 5 days to respond to your notice and advise you and the Agency of the reasons why the use of other forces or sources of materials should not occur. Your request to use other forces or material sources must include:
1. 1 or more of the reasons listed in the preceding paragraph
2. Notices from you to the DBE regarding the request
3. Notices from the DBEs to you regarding the request
If a listed DBE is terminated, make good faith efforts to find another DBE to substitute for the original DBE. The substitute DBE must perform at least the same amount of work as the original DBE under the contract to the extent needed to meet the DBE goal.
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The substitute DBE must be certified as a DBE at the time of request for substitution.
Unless the Agency authorizes (1) a request to use other forces or sources of materials or (2) a good faith effort for a substitution of a terminated DBE, the Agency does not pay for work listed on the Local Agency Bidder DBE Commitment (Construction Contracts), Exhibit 15-G, form unless it is performed or supplied by the listed DBE or an authorized substitute.
4.19 DBE Certification Status – If a DBE subcontractor is decertified during the life of the project, the decertified subcontractor shall notify the contractor in writing with the date of decertification. If a subcontractor becomes a certified DBE during the life of the project, the subcontractor shall notify the Contractor in writing with the date of certification. The Contractor shall furnish the written documentation to the Engineer.
Upon completion of the contract, “Disadvantaged Business Enterprises (DBE) Certification Status Change” Form CEM-2403(F) indicating the DBE’s existing certification status shall be signed and certified correct by the Contractor. The certified form shall be furnished to the Engineer within ninety days from the date of contract acceptance.
4.20 Removal of Asbestos and Hazardous Substances – When the presence of asbestos or hazardous substances are not shown on the plans or indicated in the specifications and the Contractor encounters materials which the Contractor reasonably believes to be asbestos or a hazardous substance as defined in Section 25914.1 of the Health and Safety Code, and the asbestos or hazardous substance has not been rendered harmless, the Contractor may continue work in unaffected areas reasonably believed to be safe. The Contractor shall immediately cease work in the affected area and report the condition to the Engineer in writing.
In conformance with Section 25914.1 of the Health and Safety Code, removal of asbestos or hazardous substances including exploratory work to identify and determine the extent of the asbestos or hazardous substance will be performed by separate contract.
If delay of work in the area delays the current controlling operation, the delay will be considered a right of way delay and no contract time will be charged during such delay period. No direct compensation will be made for such delay and Section 8-1.09 of the Standard Specifications will not apply to this contract.
Aerial lead deposits are documented to be present within the project area.
Prior to any work by the Contractor or any Subcontractor, all on-site employees shall have the required training for the removal and disposal of aerial lead deposits. This training and any rules/procedures set by the training shall be considered part of the scope of work described herein. No additional contract time or compensation shall be provided for the required training.
City of Marysville Special Provisions 5TH STREET REHABILITATION
4.21 Buy America Requirements – Attention is directed to the “Buy America” requirements of the Title 23 United States Code, Section 313 and the regulations adopted pursuant thereto. In accordance with said law and regulations, all manufacturing processes for steel and iron materials furnished for incorporation into the work on this project shall occur in the United States; with the exception that pig iron and processed, pelletized and reduced iron ore manufactured outside of the United States may be used in the domestic manufacturing process for such steel and iron materials.
The application of coatings, such as epoxy coating, galvanizing, painting, and any other coating that protects or enhances the value of such steel or iron materials shall be considered a manufacturing process subject to the “Buy America” requirements.
A Certificate of Compliance, conforming to the provisions in Section 6-1.07, Certificates of Compliance, of the Standard Specifications, shall be furnished for steel and iron materials. The certificates, in addition to certifying that the materials comply with the specifications, shall also specifically certify that all manufacturing processes for the materials occurred in the United States, except for the exceptions allowed herein. The requirements imposed by said law and regulations do not prevent a minimal use of foreign steel and iron materials if the total combined cost of such materials used does not exceed one-tenth of one percent (0.1%) of the total contract cost or $2,500, whichever is greater.
The Contractor shall furnish the Engineer acceptable documentation of the quantity and value of any foreign steel and iron prior to incorporating such materials into the work.
4.22 Use of the United States-flag vessels (Cargo Preference Act) (1) To utilize privately owned United States-flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately for dry bulk carriers, dry cargo liners, and tankers) involved, whenever shipping any equipment, material, or commodities pursuant to this contract, to the extent such vessels are available at fair and reasonable rates for United States-flag commercial vessels. (2) To furnish within 20 days following the date of loading for shipments originating within the United States or within 30 working days following the date of loading for shipments originating outside the United States. a legible copy of a rated, 'on-board' commercial ocean bill-of-lading in English for each shipment of cargo described in paragraph (1) of this section to both the Contracting Officer (through the prime contractor in the case of subcontractor bills-of-lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, DC 20590.
(3) To insert the substance of the provisions of this clause in all subcontracts issued pursuant to this contract.
SECTION 5
WATER AND DUST CONTROL
City of Marysville Special Provisions 5TH STREET REHABILITATION
5.1 Water – Water, if obtained from a CAL Water fire hydrant, shall be metered and paid for at the rates set forth by CAL Water. A service charge and deposit may be required for each meter installation required for said metering. The Contractor shall not leave any hose attached to a fire hydrant except when actually drawing water therefrom and shall keep hydrants clear for possible use by the Fire Department.
5.2 Dust Control – Dust control measures shall be taken in conformance to Section 14-9.03 of the Standard Specifications. Contractor shall water the construction site at sufficient intervals to preclude the nuisance of dust caused by the Contractor’s operations and/or wind and traffic, at no additional compensation.
SECTION 6
PROGRESS OF THE WORK, LIQUIDATED
DAMAGES, AND CONTRACT TIME
6.1 Prosecution of Work – The City will issue a Notice to Proceed to the Contractor after the contracts have been fully executed. The Contractor shall diligently prosecute the work to completion before the expiration of the number of working days provided herein.
6.2 Liquidated Damages – Should the Contractor fail to complete all work under the contract within the time provided therefor, he shall pay to the City the sum of One Thousand Dollars ($1,000) for each calendar day delay in finishing the work beyond such contract period, all in accordance with Section 8-1.10 of the Standard Specifications.
The City may deduct such payment from the amounts due the Contractor under the contract.
6.3 Time for Completion – All work under this contract shall be completed within a maximum of ninety (90) working days from the date stated in the Notice to Proceed as the date to start work.
6.4 Extension of Contract Time
a. If the Contractor finds it impossible, for reasons beyond his control, to complete the work within the contract time as specified or as extended in accordance with the provisions of this subsection, he may, at any time prior to the expiration of the contract time, as extended, make a written request to the Engineer for an extension of time, setting forth therein the complete facts which he believes will justify the granting of such request.
The Contractor’s pleas that insufficient time was originally specified shall not constitute a valid reason for extension of contract time. If the Engineer determines that the prosecution of the work was delayed or hampered by conditions beyond the control and without the fault of the Contractor, he may extend the time for completion in such amount as conditions may justify. Such City of Marysville Special Provisions 5TH STREET REHABILITATION
extended time for completion shall then be in full force and effect the same as though it were the original time for completion.
Suspension of work by the Engineer, or extension of the contract time, shall not constitute grounds for any claims by the Contractor for damages or extra compensation, but the period of such suspensions or extensions shall be taken into consideration in determining the time for completion, as herein provided.
When final acceptance has been duly made by the Engineer, as prescribed in Section 3.4, the daily time charge will cease.
b. Any dispute hereunder shall be considered pursuant to the Standard Specifications, and the Contractor shall give immediate notice to the Engineer, along with all pertinent facts relative to such dispute.
6.5 Right-of-Way Delays – The City has scheduled relocation of public utilities to provide for little or no delay to the contractor. It is anticipated that utility companies may be engaged in relocation work immediately prior to Contractor’s work on the project.
Some coordination of scheduling between the Contractor and the utility company may be necessary to minimize or eliminate delays to the Contractor. If the Contractor is unavoidably delayed because of the City’s failure to clear right-of-way, no contract time will be charged during such delay period. No direct compensation will be made for such delay.
6.6 Force Account Payment –
The added markup of Labor, Materials, and Equipment Rental as listed in Sections 9-
1.04B, “Labor,” 9-1.04C, “Materials,” and 9-1.04D, “Equipment Rental,” are amended as follows:
To the total of the direct costs there will be added a markup of 15 percent to the cost of labor, 12 percent to the cost of materials and 12 percent to the equipment rental.
6.7 Pre-construction Conference – Prior to the issuance of the Notice to Proceed, a pre-construction conference will be held at the office of the Director of Public Works for the purpose of discussing with the Contractor the scope of work, contract drawings, specifications, existing conditions, materials to be ordered, equipment to be used, and all essential matters pertaining to the prosecution and the satisfactory completion of the project as required. The Contractor shall provide the following items at the pre-construction conference:
Schedule
Jobsite Photographs
The Contractor’s representatives at this conference shall include all major superintendents for the work and may include major subcontractors.
City of Marysville Special Provisions 5TH STREET REHABILITATION
SECTION 7
PAYMENT
7.1 General – Payment will be made on the basis of the unit prices bid for the various items of work and the quantities of such items completed, and measured in accordance with these Special Provisions.
The prices bid for the various items of work, as listed on the bid schedule, shall be full compensation for furnishing all labor, tools, equipment, materials, and services required by the Plans, these Special Provisions, and the Standard Specifications, to provide a complete work serviceable in all respects. Unless otherwise noted on the plans or specified in these Special Provisions, no additional compensation will be made for incidental work identified in the Plans, these Special Provisions, or the Standard Specifications. Compensation for such incidental work shall be considered included in the price or prices bid, for various related items of work, in the bid schedule.
7.2 Progress Payments – The City will make monthly progress payments to the Contractor for the work under the contract. Such progress payments are not intended to imply acceptance of the work completed or to be accurate as to the quantities of work indicated, but to provide the Contractor with operating capital reasonably consistent with the amount of work completed and materials supplied.
The prime contractor or subcontractor shall pay to any subcontractor, not later than seven days after receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed the contractor on account of the work performed by the subcontractors, to the extent of each subcontractor’s interest therein. In the event that there is a good faith dispute over all or any portion of the amount due on a progress payment from the prime contractor or subcontractor to a subcontractor, the prime contractor or subcontractor may withhold no more than 150 percent of the disputed amount. Any violation of this requirement shall constitute a cause for disciplinary action and shall subject the licensee to a penalty, payable to the subcontractor, of 2 percent of the amount due per month for every month that payment is not made.
In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney’s fees and costs. The sanctions authorized under this requirement shall be separate from, and in addition to, all other remedies, either civil, administrative, or criminal. This clause applies to both DBE and non-DBE subcontractors.
The amounts of such progress payments will be based on the Engineer’s Estimate of the quantities or portions of the work completed at the time of preparation of such estimate.
Upon Contractor’s submittal of documentation of the amounts paid for acceptable materials furnished at the site, but not yet installed, the cost of such materials will be compensated in the progress payments, to a maximum of fifty percent (50%) of the associated bid price.
City of Marysville Special Provisions 5TH STREET REHABILITATION
A retention of five percent (5%) of the total value of the work completed to date will be made from the amount due on each progress payment for partial security for fulfillment of the contract. At the Contractor’s request and at his expense, he may offer to substitute securities within the meaning of Section 22300 of the Public Contract Code in an amount equivalent to the amount withheld, to wit, bank or savings and loan certificates of deposit. This option is available to the Contractor as provided by Section 22300 of the Public Contract Code and must be initiated by him by request and at his sole cost and expense, and upon such request, City shall permit the substitution of securities equivalent to the amount withheld to ensure satisfactory completion and fulfillment of the contract. Contractor shall remain the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon during the period of retention.
Such securities shall be released to Contractor upon satisfactory completion of the contract, to wit, thirty-five (35) days from and after the Notice of Completion.
The securities deposited by Contractor as substitution for funds withheld shall be deposited with City pursuant to the provisions of Section 22300 of the Public Contract Code and shall be ultimately released at the conclusion and satisfactory completion of the contract as herein provided for.
The prime contractor or subcontractor shall return all monies withheld in retention from all subcontractors within seven (7) days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the Agency. Any delay or postponement of payment may take place only for good cause and with the Agency’s prior written approval. Any violation of these provisions shall subject the violating prime contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor; deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.
Any violation of these provisions shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified therein. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor
7.3 Final Payment – The Engineer will, after completion of the work, make a final estimate of the amount of work done thereunder, and the value of such work, and the City will pay the entire sum so found to be due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the contract. All prior partial estimates and payments shall be subject to correction in the final pay estimate and payment. The final payment will not be due and payable until City of Marysville Special Provisions 5TH STREET REHABILITATION
the expiration of thirty-five (35) days from the date of recordation of the notice of acceptance of completion in the Office of the County Recorder of Yuba County.
It is mutually agreed between the parties to the contract that no payments made under the contract shall be conclusive evidence of the performance of the contract, either wholly or in part, against any claim of the City, and no payment shall be construed to be acceptance of any defective work or improper material.
7.4 Resolution of Claims – This section is intended to comply with Article 1.5 (commencing with Section 20184) of Chapter 1 of Part 3 of Division 2 of the Public Contract Code and shall apply to all claims by the Contractor against the City in any amount arising out of or relating to the contract.
Claims filed by the Contractor shall be in writing and shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. Claims must be filed on or before the date of Final Payment. Nothing herein is intended to extend the time limit or supersede notice requirements otherwise provided by the Contract for the filing of claims. Claims submitted by the Contractor shall be accompanied by a notarized certificate containing the following language:
Under the penalty of law for perjury or falsification and with specific reference to the California False Claims Act, Government Code Section 12650 et. seq., the undersigned, (name)______________ title _________________ of (company) ____________________, hereby certifies that the claim for the additional compensation and time, if any, made herein for the work on this contract is a true statement of the actual costs incurred and time sought, and is fully documented and supported under the contract between parties.
Dated __________________ /s/ _______________________
Subscribed and sworn before me this ________ day of ________________ Notary Public
My Commission Expires______________
Failure to submit the notarized certificate will be sufficient cause for denying the claim.
The Contractor shall keep full and complete records of the costs and additional time incurred for any work for which a claim for additional compensation is made. The Engineer or any designated claim investigator or auditor shall have access to those records and any other records as may be required by the Engineer to determine the facts or contentions involved in the claims. Failure to permit access to such records shall be sufficient cause for denying the claims.
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For claims of less than Fifty Thousand Dollars ($50,000), the Engineer shall respond in writing to any written claim within forty-five (45) days of receipt of the claim, or may request, in writing, within thirty (30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the City may have.
The Engineer’s written response to the claim, as further documented, shall be submitted to the Contractor within fifteen (15) days after receipt of further documentation or within a period of time no greater than that taken by the Contractor in producing the additional information, whichever is greater.
For claims over Fifty Thousand Dollars ($50,000), the Engineer shall respond in writing to all written claims within sixty (60) days of receipt of the claim, or may request, in writing, within thirty (30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the City may have.
The Engineer’s written response to the claim, as further documented, shall be submitted to the Contractor within thirty (30) days after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater. If the Contractor disputes the Engineer’s written response, or if the Engineer fails to respond within the time prescribed, the Contractor may notify the Engineer, in writing, either within fifteen (15) days of receipt of Engineer’s response or within fifteen (15) days of the Engineer’s failure to respond within the time prescribed, respectively, and demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon such written demand, City shall schedule a meet and confer conference within thirty (30) days for settlement of the dispute.
If following the meet and confer conference, the claim or any portion remains in dispute, the Contractor may file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Divisions
3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor initially submits the written claim pursuant the section until the time the claim is denied, including any period of time utilized by the meet and confer conference.
As provided by Public Contract Code Section 20184.4, the following procedures are established for all civil actions filed to resolve claims subject to this section:
a. Within sixty (60) days, but no earlier than thirty (30) days, following the filing or responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the election within fifteen (15) days by both parties of a disinterested third person as mediator, shall be commenced within thirty (30) days of the submittal, and shall be concluded within fifteen (15) days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the Court.
City of Marysville Special Provisions 5TH STREET REHABILITATION
b. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of such Code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subparagraph consistent with the rules pertaining to judicial arbitration. Arbitrators shall, when possible, be experienced in construction law. In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party appealing in arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under such chapter, also pay the attorneys’ fees on appeal of the other party.
SECTION 8
QUANTITIES AND MATERIALS
8.1 Quantities – The estimate of the quantities of work to be done and materials to be furnished are approximate only, being given as a basis for the comparison of bids, and the City does not express or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work that may be deemed necessary or expedient by the Engineer.
8.2 Materials – All materials required to complete the work under the contract shall be furnished by the Contractor, except such as is mentioned in these special provisions to be furnished by the City.
8.3 Quality Control – Contractor shall provide material submittals for all materials to be used on this contract. Material submittals shall be delivered to the Engineer a minimum of eight (8) working days prior to their scheduled use, and shall be approved by the Engineer prior to use.
Full compensation for providing material submittals and Certificates of Compliance shall be considered as included in the prices paid for the various contract items of work, and no separate payment will be made therefor.
8.4 Testing Methods and Frequency – The Contractor shall hire a geotechnical firm to perform all testing at City’s direction within the limits of work. Testing procedures and frequency to be used by the geotechnical firm shall be in accordance with the City’s testing procedures and as directed by the Engineer. All costs incurred will be paid by the Contractor. Minimum compaction testing requirements are as follows:
a. Roadway Subgrade and Aggregate Base – Compaction for roadway subgrade and aggregate base shall be tested using nuclear density testing gauges in accordance with ASTM D-1557, D-2922, and D-3017. In cases of highly variable subgrade materials, compaction tests shall be taken in accordance with California Test 216 with a maximum density determination at each City of Marysville Special Provisions 5TH STREET REHABILITATION
location, if necessary. Compaction test frequency for roadway subgrade and aggregate base shall be one test location per each 5,000 square feet of pavement surface per lift of material. Random test locations shall be determined using either ASTM D-3665 or California Test 375.
b. Asphalt Concrete – Compaction for asphalt concrete shall be in accordance with California Test 375. Compaction test frequency for asphalt concrete shall be one test location per each 2,500 square feet of pavement surface area with a minimum of 3 tests per street segment or cul-de-sac. c. Trench Backfill – Compaction for trench backfill shall be tested using nuclear density testing gauges in accordance with ASTM D-1557, D-2922, and D3017. Compaction test frequency for trench backfill shall be one test per 24 inches of compacted of material per 100 linear feet of trench.
Full compensation for testing materials shall be considered as included in the prices paid for the various contract items of work, and no separate payment will be made therefor.
SECTION 9
SAFETY PRECAUTIONS
9.1 Preservation of Property – Due care shall be exercised to avoid injury to existing improvements, utility facilities, adjacent property, and roadside trees and shrubbery that are not to be removed or relocated. Concrete surfaces including curbs and sidewalks that are not to be removed shall not be defaced or damaged in any manner, including markings with paint, asphalt overspray, etc. Contractor is to video or photograph job site to document existing conditions prior to start of work. Photographs and video shall be dated and labeled for location. One copy of the video or photographs shall be provided to the City.
Trees and shrubbery that are not to be removed, and pole lines, fences, signs, markers and monuments, buildings and structures, conduits, pipe lines under or above ground, sewer and water lines, all facilities and any other improvements or facilities within or adjacent to the work shall be protected from injury or damage, and if ordered by the Engineer, the Contractor shall provide and install suitable safeguards to protect such objects from injury or damage. If such objects are injured or damaged by the Contractor’s operations, they shall be replaced or restored at the Contractor’s expense, to a condition as good as when the Contractor entered upon the work, or as good as required by the Specifications accompanying the contract, if any such objects are a part of the work being performed under the contract. Damaged sanitary sewer services and storm drain laterals shall be repaired at Contractor’s expense, as shown on the detail sheet on the plans. The Engineer may make or cause to be made such temporary or permanent repairs as are necessary to restore to service any damaged facility. The cost of such repairs shall be borne by the Contractor and may be deducted from any monies due or to become due to the Contractor under the contract.
City of Marysville Special Provisions 5TH STREET REHABILITATION
Full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in protecting or repairing property as specified in these Special Provisions shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be allowed therefor.
9.2 Obstructions – The location of underground utilities shown on the plans represent the best information available to the City but should be considered as being approximate only. Utility lines may exist that are not as shown on the plans. The exact locations of underground facilities and improvements within the construction area shall be ascertained by the Contractor before using equipment that may damage such facilities or interfere with their service. Contractor will be held liable to the owners of such facilities for any damage or interference with service resulting from his operations.
9.3 Interruption of Service – No valves or other controls on existing utility systems shall be operated for any purpose by the Contractor without prior approval of the Engineer and/or the utility company. 9.4 Safety Devices – Sufficient and adequate signs, lights, barricades and cones shall be furnished, placed, and maintained throughout the construction project as may be deemed necessary by the Engineer to adequately protect the public from injury or unnecessary inconvenience due to the construction operations. Cones shall have two white reflective bands and all barricades shall be equipped with safety lighting. When traffic is to be interrupted or detoured, flagmen, adequately equipped and instructed, shall be provided by the Contractor as deemed necessary by the Engineer. Payment to the Contractor for all costs incurred by him in conforming to this section and “Maintaining Traffic” below shall be considered as included in payment for other items of work and no additional special payment will be made therefor.
9.5 Maintaining Traffic – Attention is directed to Section 7-1.04 of the Standard Specifications. The Contractor will be required to furnish the City a work schedule sufficiently detailed so that the City may ascertain therefrom what effect the Contractor’s proposed construction program will have on traffic through the construction area.
The Contractor shall conduct his operation so as to offer the least possible obstruction and inconvenience to the public, and he shall have under construction no greater amount of work than he can prosecute properly with due regard to the rights of the public. Temporary approaches at private driveways shall be provided as needed and when ordered by the Engineer, and shall be kept in good condition.
Temporary altered or alternate accessible pedestrian route of travel shall be provided around any sidewalk closure at all times. Altered and alternate routes of travel shall comply with Sections 6D.01, 6D.02, and 6D.05 of the California Manual on Uniform Traffic Control Devices and shall be kept in good usable condition.
Temporary altered or alternate pedestrian routes of travel shall be accompanied by temporary accessible pedestrian channelizing devices or barricades. If pedestrian barricades are to be used, they shall be located such that a disabled City of Marysville Special Provisions 5TH STREET REHABILITATION
pedestrian shall not have to backtrack more than one block in order to reach an identified alternate route of travel. Accessible pedestrian channelizing devices and barricades shall comply with Sections 6F.63, 6F.68, and 6F.71 of the California Manual on Uniform Traffic Control Devices.
Spillage resulting from hauling operation along or across a public traveled way shall be removed immediately at the Contractor’s expense.
Attention is directed to the following special traffic control provisions:
a. Streets – One traffic lane in each direction, at least eleven feet (11’) wide, shall be maintained at all times. Contractor shall not grind out more digout area than can be paved back to grade within the same work day as the grinding operation occurs.
b. Minor Streets – Remaining streets within the construction area may be closed as construction necessitates subject to the conditions in subparagraph c. below.
c. General Traffic Control Requirements:
1) Contractor shall provide all necessary detour signs, warning signs, safety devices, and flagmen, as determined by the Public Works Director.
2) Contractor shall provide adequate notice to City and to affected property owners of closures twenty-four (24) hours prior to closure. 3) Contractor shall assure that adequate ingress and egress is provided to all commercial establishments adjacent to the work at all times. 4) Contractor shall assure that residents of residential properties adjacent to the work are afforded reasonable and safe access to their property, and that overnight parking of their vehicles on such property is not restricted except when suitable on-street parking is available. 5) Trenches which have been backfilled but not fully restored and which are to be utilized by public traffic shall be temporarily patched with cold mix asphalt prior to traffic usage unless otherwise approved by the Engineer. This requirement is in addition to those set forth in Section 13.9 of these Special Provisions.
SECTION 10
DESCRIPTION OF THE WORK
City of Marysville Special Provisions 5TH STREET REHABILITATION
The project involves the rehabilitation of 5th Street between J Street and E Street. The rehabilitation consists of the following:
Variable Depth AC Grinding
Installation of curb & gutter, parkway strip, sidewalk, driveways, and ADAcompliant curb ramps Installation of landscaping and landscaping irrigation
Storm drain inlet and pipe installations
Installation of new striping
Installation of new signal detectors.
For a more detailed description of the project scope, refer to the project plans.
SECTION 11
EARTHWORK & PAVING
11.1 Tree Removal – Tree removal shall be done in compliance with Section 16, “Clearing and Grubbing,” of the Standard Specifications. Payment will be made at the unit price bid therefor in the bid schedule; except when no bid item is provided for tree removal, the cost therefor shall be included in the price bid for clearing and grubbing.
11.2 Clearing and Grubbing – Clearing and grubbing shall conform to the provisions of Section 16 of the Standard Specifications.
Clearing shall consist of the satisfactory removal and disposal of all debris and rubbish within the bounds of the contract right-of-ways, including all objects, bushes, and material called for on the plans or necessary for the prosecution of the work for which a separate bid item is not provided.
Grubbing shall consist of the removal of stumps, tree roots and other objectionable material within the limits directed. Depressions made by grubbing shall be filled, compacted and graded to conform to the original ground surface.
11.3 Concrete Removal – Concrete removal shall be done in accordance with Section 15-3 of the Standard Specifications as shown on the plans and as directed by the Engineer. Concrete removal shall be to neat saw cut lines, as directed by the Engineer.
Concrete removed shall be disposed of by the Contractor.
Measurement for payment shall be made by the Engineer before or during removal operations.
11.4 Earthwork – The earthwork involved shall conform to the provisions for “Roadway Excavation” of Section 19 of the Standard Specifications except as modified by these Special Provisions.
City of Marysville Special Provisions 5TH STREET REHABILITATION
a. Excavation – Excavation shall consist of all excavation on the project involved in the grading and construction of roadways, curb and gutters, sidewalks and driveways. Surplus excavated material shall be disposed of by the Contractor. b. Compaction – The relative compaction of original ground areas below the grading plane to a point six inches (6”) below the grading plane, and embankment areas, under base and surfacing and concrete work plus two feet (2’) each side thereof, shall be compacted to a relative compaction of ninety percent (90%) of California Test 216.
If subsidence occurs as a result of compacting original ground, the Contractor shall borrow selected earth material from excavation and shall compact the same to the elevation of the grading plane in accordance with these Special Provisions. Full compensation for excavating and placing such selected earth material will be considered as included as part of work involved in compacting original ground.
c. Testing Compaction – Testing shall be done in accordance with Section 8.4 of these Special Provisions as determined by the Engineer. For testing purposes, moving averages will be based on separate areas consisting of contiguous construction areas.
d. Payment – Payment for the labor, materials, tools, equipment, and incidentals required for doing all the work involved in excavating, loading, hauling, depositing, spreading, and compacting subgrade material and other earthwork, including furnishing and applying water and disposing of surplus materials shall be considered as included in the unit price bid for “Roadway Excavation” in the schedule.
11.5 Restrictions on Purchases of Mined Materials – Per Section 20676 of the Public Contract Code, any construction aggregate (sand, gravel, crushed rock, road base, etc.) shall be purchased from an operation listed on the 3098 List. The 3098 List can be viewed at the Department of Conservation’s Office of Mine Reclamation (OMR) website:
https://www.conservation.ca.gov/dmr
To confirm whether or not a specific operator is on or off the list at any time, contact the Office of Mine Reclamation at (916) 323-9198.
11.6 Aggregate Base – Shall be Class 2 – ¾” maximum grading and shall conform to Aggregate Base Section 26 of the Standard Specifications, except as modified herein.
The surface of the finished aggregate base at any point shall not vary more than 0.05 foot above or below the grade established by the Engineer.
City of Marysville Special Provisions 5TH STREET REHABILITATION
Aggregate base shall not be placed on the prepared subgrade until the Engineer has given his approval of the prepared subgrade.
The aggregate base shall be ninety-five percent (95%) compacted and the method of compaction shall be suitable for the backfill material used, and shall be approved by the Engineer
Measurement for payment of aggregate base shall be from back of curb to back of curb. The contract price per ton shall include full compensation for furnishing all labor, tools, materials, and equipment involved in constructing aggregate base complete in place as shown on the plans and directed by the Engineer.
11.7 Prime Coat – Not used.
11.8 Paint Binder – A paint binder (asphaltic emulsion) shall be furnished and applied in conformance with Section 39-1.09C of the Standard Specifications, except that full compensation for furnishing and applying paint binder (asphaltic emulsion) and sanding (if directed by the Engineer) shall be considered as included in the price paid for asphalt concrete and no additional compensation will be allowed therefor.
11.9 Pavement Repair – Pavement repair shall include removing pavement failures as marked on the street by the Engineer, compacting the base material, and placing asphalt concrete. Individual pavement repairs will be not less than two feet (2’) wide and not less than eight (8) square feet in area. All street cuts around defective areas will be done with a saw, cut to full depth of the pavement. At the Contractor’s option, defective areas may be removed by grinding to the full depth of the pavement without saw cutting the perimeter of the defective area.
The existing material shall be removed to a minimum depth of four inches (4”), but in no case less than the depth of the existing pavement. The existing base material shall be compacted to a density of ninety-five percent (95%). If there is no base material, pave section with four inches (4”) of asphalt concrete. If the existing pavement is thicker than four inches (4”), Class 2 aggregate base shall be used to fill the excavation to a depth of four inches (4”). At the contractor’s option, if the existing pavement is thicker than four inches (4”), the section may be paved full depth with asphalt concrete.
If, in the opinion of the Engineer, the existing subgrade material is unsuitable, the subgrade material shall be removed to a depth as directed by the Engineer, replaced with Class 2 aggregate base, and compacted to a relative density of ninety-five percent (95%). The removal and replacement of subgrade material will be paid as force account work.
The edges of the existing pavement shall be tacked with SS-1 emulsified asphalt immediately prior to paving. Asphalt concrete shall be type “B” and conform to Section 39 of the Standard Specifications.
City of Marysville Special Provisions 5TH STREET REHABILITATION
The Contractor shall be responsible for disposing of all excavated materials off-site.
The contract unit price per square foot for “Pavement Repair” shall include full compensation for furnishing all labor (including flagmen), materials, tools, and equipment and doing all work involved in the removal and replacement of failed pavement areas in accordance with this section, including grinding and removal of existing asphalt concrete.
11.10 Cold Plane/Conform Grind Asphalt Concrete – This bid item shall include grinding asphalt concrete pavement at the locations and to the dimensions shown on the Plans, in accordance with the Standard Specifications and these Special Provisions, and as directed by the Engineer.
Planing asphalt concrete pavement shall be performed by the cold planing method and not by the heater planing method.
Cold planing machines shall be equipped with a cutter head not less than 750 mm (30 inches) in width and shall be operated so that no fumes or smoke will be produced. The cold planing machine shall plane the pavement without requiring the use of a heating device to soften the pavement during or prior to the planing operation.
The depth, width, and shape of the cut shall be as shown on the typical cross sections or as designated by the Engineer. The final cut shall result in a uniform surface conforming to the typical cross sections. The outside lines of the planed area shall be neat and uniform. Planing asphalt concrete pavement operations shall be performed without damage to the surface to remain in place.
Planed widths of pavement shall be continuous except for intersections at cross streets where the planing shall be carried around the corners and through the conform lines. Following planing operations, a drop-off of more than 45 mm (0.15 foot) will not be allowed between adjacent lanes open to public traffic.
Where transverse joints are planed in the pavement at conform lines, no drop-off shall remain between the existing pavement and the planed area when the pavement is opened to public traffic. If asphalt concrete has not been placed to the level of existing pavement before the pavement is to be opened to public traffic, a temporary asphalt concrete taper shall be constructed. Asphalt concrete for temporary tapers shall be placed to the level of the existing pavement and tapered on a slope of 1:30 (vertical:
horizontal) or flatter to the level of the planed area.
Asphalt concrete for temporary tapers shall be commercial quality and may be spread and compacted by any method that will produce a smooth riding surface.
Temporary asphalt concrete tapers shall be completely removed, including the removal of loose material from the underlying surface, before placing the permanent surfacing.
The removed material shall be disposed of outside the highway right of way.
City of Marysville Special Provisions 5TH STREET REHABILITATION
Operations shall be scheduled so that not more than seven (7) calendar days shall elapse between the time when transverse joints are planed in the pavement at the conform lines and the permanent surfacing is placed at the conform lines.
The material planed from the roadway surface shall become the property of the Contractor and disposed of offsite, unless otherwise directed or approved by the Engineer.
Contract removal operations of cold planed material shall be concurrent with planing operations and follow within 15 m (50 feet) of the planer, unless otherwise directed by the Engineer.
Cold plane asphalt concrete pavement will be measured by the square yard.
The quantity to be paid for will be the actual area of surface cold planed irrespective of the number of passes required to obtain the depth shown on the plans. Grinding for removal of asphalt concrete associated with Pavement Repair (digouts) will be measured and paid for separately under the Pavement Repair bid item.
The contract price paid per square yard for cold plane asphalt concrete pavement shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for performing all the work involved in cold planing asphalt concrete surfacing and disposing of planed material, including furnishing the asphalt concrete for and constructing, maintaining, removing, and disposing of temporary asphalt concrete tapers, as specified in the Plans, Standard Specifications, and these Special Provisions, and as directed by the Engineer.
11.11 Road Surface Preparation – In addition to the requirements of Section 39-
1.09B of the Standard Specifications, road surface preparation shall also include the removal and proper disposal of all pavement markers within the project limits. Contractor shall be responsible for filling any holes caused by the removal of pavement markers.
Holes shall be filled with a material approved by the Engineer. Paint binder shall not be applied until surface is clean and free of vegetation. The Contractor will also be responsible for maintaining the striping locations, including locations where striping changes from no passing to passing, to ensure replacement of same in the original locations. Compensation for “Road Surface Preparation” shall be included in other items of work, and no additional compensation will be allowed therefor.
11.12 Tack Coat – A tack coat (asphaltic emulsion) shall be furnished and applied in conformance with Section 39 of the Standard Specifications. Full compensation for furnishing and applying tack coat (asphaltic emulsion) and sanding (if directed by the Engineer) shall be considered as included in the price paid for Pavement Reinforcing Fabric and no additional compensation will be allowed therefor.
11.13 Pavement Reinforcing Fabric – Attention is directed to Section 88-1.02J of the Standard Specifications and to these Special Provisions. No more than one roll of fabric may be placed in advance of hauling operations. Fabric shall be placed or trimmed so that no fabric is exposed beyond the edge of pavement.
City of Marysville Special Provisions 5TH STREET REHABILITATION
This bid item shall include placing pavement reinforcing fabric between the existing asphalt concrete (or leveling course) and the overlay materials in accordance with the Standard Specifications and these Special Provisions, and as directed by the Engineer.
Payment for this item shall include full compensation for furnishing all labor, materials, equipment, and incidentals for performing all the work as described in the Standard Specifications and these Special Provisions, and as directed by the Engineer.
11.14 Asphalt Concrete – Hot Mix Asphalt (asphalt concrete) shall be either ¾- inch Type A or ½-inch Type A, as designated on the Plans. Asphalt concrete shall conform to the provisions of Section 39 of the Standard Specifications and to these Special Provisions. Asphalt binder to be mixed with aggregate shall be steam-refined paving asphalt in conformance with the provisions in Section 92, “Asphalts,” specification grade PG 64-10, or as determined by the Engineer.
Contractor is to produce, construct, provide quality control, and quality control testing for Hot Mix Asphalt in accordance with Section 39-2 “Standard Construction Process” of the Standard Specifications.
Before placing asphalt concrete on the prepared base course, it is the Contractor’s responsibility to ascertain that the base course is accurately brought to the required grade. Asphalt concrete shall be placed and compacted to ninety-five percent (95%) relative compaction at not less than the required thickness shown on the plans.
The casting of loose materials upon the freshly placed mat behind the paving machine and ahead of the breakdown roller is specifically prohibited. Whenever new paving is joined to existing paving, the paving surface at the joint shall be sealed with asphalt emulsion four inches (4”) each side of joint after final compaction of asphalt concrete. Sealant shall be sanded as necessary to prevent traffic pickup.
Certificates of compliance shall be submitted for all materials in asphalt concrete.
In addition to the requirements in Section 39-2.04, “Transporting, Spreading, and Compacting” of the Standard Specifications, asphalt paving equipment shall be equipped with automatic screed controls and a sensing device or devices when paving. When placing the initial mat of asphalt concrete on existing pavement or prepared aggregate base, the end of the screed nearest the centerline shall be controlled by a sensor, activated by a ski device not less than thirty feet (30’) long. The end of the screed farthest from the centerline shall be controlled by a sensor that responds to the grade of the existing surface and will reproduce final grade in the new mat within 0.01 foot (3 mm) 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.
City of Marysville Special Provisions 5TH STREET REHABILITATION
Should automatic screed controls fail to operate properly and all remedial attempts to correct the equipment by the Contractor have been applied during any day’s work, the Contractor may use manual controls of spreading equipment for the remainder of the day. However, the equipment shall be corrected or replaced with alternative automatically controlled equipment conforming to the requirements in this section before starting another day’s work.
Type of pavers that meet minimum requirements for this project are Cedar Rapids 451/551 Series, CAT Rubber Tire AT-1000B, CAT Track AT-1050B, or comparable.
The top of the surface layer of asphalt concrete that does not meet all specified surface tolerances shall be brought within tolerance by abrasive grinding. Areas that have been ground shall receive a fog seal coat. Deviations in excess of 0.3 inch which cannot be brought into specified surface tolerances by abrasive grinding shall be corrected by either removal and replacement or placing an overlay of asphalt concrete.
The corrective method for each area shall be selected by the Contractor and shall be approved by the Engineer prior to beginning the corrective work. Any replacement or overlay pavement not meeting specified tolerances shall be corrected by the methods specified above. All corrective work shall be at the Contractor’s expense.
When abrasive grinding is used to bring the top surface of the uppermost layer of asphalt concrete surfacing within specified surface tolerances, additional abrasive grinding shall be performed as necessary to extend the area ground in each lateral direction so that the lateral limits of grinding are at a constant offset from and parallel to the nearest lane line or pavement edge and in each longitudinal direction so that the grinding begins and ends at lines normal to the pavement centerline within any ground area. All ground areas shall be neat rectangular areas of uniform surface appearance.
Abrasive grinding shall conform to the requirements in Section 42-3.03, “Construction,” of the Standard Specifications, except that the grinding residue shall be disposed of outside the public right-of-way.
String line or other suitable methods of alignment may be required to ensure straight longitudinal joints.
Asphalt concrete shall not be placed until roadways are determined by the Engineer to be ready for paving.
At locations as directed by the Engineer, the Contractor shall place a tack coat and skin patch using 3/8” asphalt concrete. Areas to be leveled shall be feathered to match existing surface. The maximum spread rate is 175 tons per lane mile or 40 square yards per ton and shall not be exceeded unless determined by the Engineer. Asphalt concrete may be placed by motor grader, float tractor, or any other means to obtain a level, uniform surface. At each location requiring a leveling of 3/8” asphalt concrete, a paving machine shall be used and pavement reinforcing fabric and/or surface course of City of Marysville Special Provisions 5TH STREET REHABILITATION
asphalt concrete shall be placed within forty-eight (48) hours of the placement of the leveling course.
Public and private roads adjacent to pulverized or reconstructed areas may require additional attention to safely conform to existing grade. Asphalt concrete may be placed by float tractor or any other means to obtain a level, uniform surface.
After rolling of asphalt concrete and before leaving the construction site, the Contractor shall place temporary pavement delineation per Section 11.14, “Temporary Pavement Delineation,” of these Special Provisions. Any pavement markings obliterated during work, that the Engineer deems necessary, shall receive temporary markings before reopening the travel way to public traffic. Compensation for temporary pavement delineation shall be considered as included in the cost for asphalt concrete and no additional compensation will be allowed therefor.
11.15 Temporary Pavement Delineation – Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the provisions in Section 12-3, “Traffic-Handling Equipment and Devices,” of the Standard Specifications and these Special Provisions. Nothing in these Special Provisions shall be construed as to reduce the minimum standards specified in the Manual of Traffic Controls published by the Department or as relieving the Contractor from his responsibility as provided in Section 7-1.04, “Public Safety,” of the Standard Specifications.
Whenever the work causes obliteration of, or revision to, pavement delineation, temporary or permanent pavement delineation shall be in place and conflicting pavement delineation removed, prior to opening the traveled way to public traffic. Lane line pavement delineation shall be provided at all times for traveled ways open to public traffic.
All work necessary to establish the alignment of temporary pavement delineation, including any required lines and marks, shall be performed by the Contractor.
Surfaces on which temporary pavement delineation is to be applied shall be cleaned of all dirt and loose material and shall be dry when the pavement delineation is applied.
Temporary pavement delineation shall not be applied over existing or other temporary pavement delineation.
Temporary pavement delineation for lane lines shall consist of temporary reflective raised pavement markers placed at longitudinal intervals of not more than twenty-four feet (24’). Temporary reflective raised pavement markers shall be the same color as the lane line the markers replace.
Temporary reflective raised pavement markers shall be placed in accordance with the manufacturer’s instructions. Temporary reflective raised pavement markers shall be cemented to the surfacing with the adhesive recommended by the manufacturer, except epoxy adhesive shall not be used to place temporary reflective raised pavement markers in areas where removal of the markers will be required.
City of Marysville Special Provisions 5TH STREET REHABILITATION
In lieu of temporary reflective raised pavement markers, four inch (4”) reflectorized traffic tape may be used as directed by the Engineer.
Removable type traffic tape shall be applied in accordance with the manufacturer’s installation instructions and shall be rolled slowly with a rubber tired vehicle or roller to ensure complete contact with the pavement surface. Traffic tape shall be applied straight on tangent alignment and on a true arc on curved alignment. Traffic tape shall not be applied when the air or pavement temperature is less than 50ºF unless the installation procedures to be used are approved by the Engineer prior to beginning installation of the tape.
Full compensation for furnishing, placing, maintaining, and removing temporary delineation including temporary reflective raised pavement markers, cones, delineators, channelizers, four inch (4”) traffic stripe, and providing equivalent patterns of the permanent traffic lines when required shall be considered as included in the contract prices paid for the items of work that obliterated the pavement delineation and no separate payment will be made therefor.
11.16 Adjusting Manholes and Valves to Grade – Existing manholes shall be adjusted to grade with materials similar in quality to those in the original structure in accordance with the provisions of Section 15-2.10B of the Standard Specifications and these Special Provisions.
Manholes and valve boxes shall be lowered prior to milling operations and raised to finish grade per the plans and specifications.
After the manhole frame has been removed, the top of the structure shall be carefully trimmed to provide a suitable foundation for the new material. Existing frames and covers are to be used.
Class “B” concrete shall be used for backfilling and shall be struck off to a depth of two inches (2”) below the adjacent surfacing. Type “B” asphalt concrete shall be placed over the concrete backfill smooth with the adjacent pavement.
Adjusting manholes and valves to grade within the publicly used travel lanes shall be completed, including placing paving material around and to the level of the frame and cover, by the end of the same day on which work started. If permanent pavement backfill cannot be completed by the end of the work day, the Contractor shall place temporary paving material to the finished grade level of the frame and cover. The Contractor shall maintain the temporary paving smooth and level with the frame and cover until such time as the permanent paving is placed.
11.17 Survey Monument Wells – Survey monument wells shall be constructed at locations indicated on the plans and as directed by the Engineer.
City of Marysville Special Provisions 5TH STREET REHABILITATION
The concrete used in the construction of the monument well assembly shall be of Class “B” and shall conform to the applicable provisions of Section 90 of the Standard Specifications.
The price paid for each monument well shall include full compensation for furnishing all labor, materials, tools and equipment and doing all the work including structure excavation and backfill involved in the construction of the monument well in place.
11.18 Finishing Roadway – Finishing roadway shall conform to Section 22 of the Standard Specifications and these Special Provisions.
Finishing roadway shall include replacing or relocating all roadway signs, mailboxes, sprinklers, and related facilities removed to facilitate the work, cleaning the roadway surface and adjacent areas of all excess construction materials and debris, and shaping and grading excavated and filled areas adjacent to the work.
Excavated and filled areas adjacent to the work and contiguous to private property and landscape areas shall be of loose select material to a depth of six inches (6”), smoothly graded and sloped as directed by the Engineer.
Payment for finishing roadway shall be considered included in the prices bid for other related items of work and no additional compensation will be made therefor, except where specific bid items are provided on the bid schedule the specified items will be compensation at the price bid therefor.
11.19 Roadway Signs – Roadside signs shall be installed at the locations shown on the plans or where directed by the Engineer, and shall conform to the provisions in Section 56-2, “Roadside Signs,” of the Standard Specifications, these Special Provisions, and Standard Detail No. 109.
Roadside signs shall conform to State Specifications which may be obtained from the Transportation Laboratory, P.0. Box 19128, Sacramento, CA, 95819, (916) 739-2400. Full compensation for furnishing and installing sign panels and metal posts shall be considered as included in the contract price paid for the roadside signs and no separate payment will be made therefor.
SECTION 12
CONCRETE CURBS, GUTTERS, SIDEWALKS, AND DRIVEWAYS
12.1 General – Portland Cement Concrete curbs, gutters, sidewalks, and driveways shall be constructed in conformance with the details shown on the plans and in accordance with the requirements of 90-1 of the Standard Specifications for Minor Concrete.
City of Marysville Special Provisions 5TH STREET REHABILITATION
12.2 Curing – Curing compound shall consist of a liquid which, when applied to fresh concrete by means of a spray gun, will form an impervious membrane over the exposed surfaces of the concrete.
The membrane may be either asphaltic or paraffin derivatives to which other waterproofing materials may have been added. Concrete curing compounds shall be Type 2, white pigmented or clear, as approved by the Engineer.
All compounds shall be furnished by the Contractor and shall be delivered in sealed original containers bearing the manufacturer’s name and product identification.
The compounds shall not be a water emulsion and shall not contain ingredients which are harmful to concrete. Compounds shall be of a uniform quality and tests on samples selected from a given shipment or shipments shall show no appreciable difference in results. The material shall be approved by the Engineer prior to its use.
The rate of application shall be such that the compound forms a continuous, unbroken film which will not disintegrate, check or peel from the applied surfaces of concrete within thirty (30) days after application. The Engineer will determine the permissible rate of coverage of a curing compound.
12.3 Measurement and Payment – Measurement of all concrete quantities for payment shall be to the neat lines determined in the field. Curb and gutter quantities will be measured through driveways and ramps. Curb and gutter will be measured by the lineal foot of exposed front face without regard to depressions and thickening for driveways and pedestrian ramps. Pedestrian access ramps, retaining curbs, and sidewalk shall be measured per square foot. Payment for miscellaneous items such as reinforcing, expansion joints, seals, score lines, truncated domes, Class 2 aggregate base and any other related work that does not have a separate bid item shall be included in the unit prices bid for the related types of concrete work and no additional compensation will be allowed therefor.
No separate measurement will be made for fill material used in conforming to existing grades behind sidewalks. Concrete transitions behind sidewalks necessary for matching existing driveway grades shall be considered as part of the bid item for sidewalk.
The estimated quantities of this item are approximate only, being given as a basis for the comparison of bids. The City does not expressly, or by implication, agree that the actual amount of work will correspond therewith, and reserves the right to increase or decrease the amount thereof as may be deemed necessary or advisable by the Engineer. No adjustments of the contract unit prices will be made therefor. Section 9-
1.06, "Changed Quantity Payment Adjustments," of the Standard Specifications shall not apply.
12.4 Temporary Pedestrian Route of Travel – The contractor shall provide a temporary altered or alternate accessible pedestrian route of travel for any sidewalk closure. Altered and alternate routes of travel shall comply with Sections 6D.01, 6D.02, City of Marysville Special Provisions 5TH STREET REHABILITATION
and 6D.05 of the California Manual on Uniform Traffic Control Devices and shall be kept in good usable condition.
12.5 Temporary Pedestrian Channelizing Devices & Barricades - Temporary altered or alternate pedestrian routes of travel shall be accompanied by temporary accessible pedestrian channelizing devices or barricades. If pedestrian barricades are to be used, they shall be located such that a disabled pedestrian shall not have to backtrack more than one block in order to reach an identified alternate route of travel. Accessible pedestrian channelizing devices and barricades shall comply with Sections 6F.63, 6F.68, and 6F.71 of the California Manual on Uniform Traffic Control Devices.
SECTION 13
TRENCHING OPERATIONS
13.1 Legal Requirements – Prior to commencement of trenching or excavating operations, the Contractor on this project shall have complied with all applicable provisions of Title 8 of the California Administrative Code and all applicable requirements of the Labor Code of the State of California, including:
a. Section 6705 of the Labor Code which requires that, prior to starting excavation of any trench five feet (5’) or more in depth, the Contractor submit for the Engineer’s approval, plans for trench shoring or protection he proposes to use in performing the trenching and pipe installations in this contract; and b. Section 6500 of the Labor Code which requires that the Contractor obtain a permit for trenching operations from the State Division of Occupational Safety and Health prior to any trench work in trenches or excavations over five feet (5’) deep.
This section shall also apply to any person doing work in accordance with any permit issued by the City.
13.2 General – Trenching operations shall include cutting of pavement, trench excavation, disposal of excess materials, removal of obstructions, bracing and shoring, bedding of pipe, backfilling, compacting, and placing of temporary and permanent street pavement restoration.
13.3 Trench Width – The maximum clear width of the trench, measured at the horizontal diameter of the pipe and at one foot (1’) above the top of the pipe, shall not be more than the width shown on the Plans.
If such trench width is exceeded for any reason, the Contractor shall provide, at his own expense, improved bedding conditions, as approved by the Engineer, to meet the load requirements of the changed conditions.
13.4 Cutting of Pavement – When the trench is in an existing paved area, the pavement shall be sawed on neat lines parallel and equidistant from the trench centerline.
City of Marysville Special Provisions 5TH STREET REHABILITATION
Pavement between the lines shall be broken and removed immediately ahead of the trenching operations.
13.5 Bracing and Shoring – To ensure the safety of workmen and to protect and facilitate the work, sufficient bracing and shoring shall be installed in all excavations. The bracing and shoring shall comply with rules, orders, and regulations of the California Division of Industrial Safety. Failure to comply with any of the above-mentioned rules, orders, and regulations shall be sufficient cause for, but shall not place any responsibility upon, the Engineer to immediately suspend the work. The Contractor shall be responsible for the adequacy of all shoring and bracing and compliance with law, and failure of the Engineer to suspend the work or notify the Contractor of the inadequacy of the shoring or bracing or non-compliance with law shall not relieve the Contractor of this responsibility.
Insofar as possible, sheeting shall not extend below the top of the pipe barrel. All sheeting, timbering, lagging and bracing shall, unless otherwise required by the Engineer, be removed during backfilling, and in such a manner as to prevent any movement of the ground or damage to the piping or to the other structures. When the Engineer requires that sheet piling, lagging and bracing be left in place, such materials shall be cut off where designated and the upper part withdrawn. If steel sheet piling is utilized, it may be withdrawn, with compacting of backfill to proceed as piling is removed.
13.6 Maximum Length of Trench Open – At end of each working day, all open trenches, including manhole and drop inlet excavations, shall be either backfilled and compacted or properly protected to allow safe vehicle and pedestrian travel, unless otherwise authorized by the Engineer. Contractor shall provide protective barrier approved by the Engineer around open trench when left unattended.
Steel plate bridging, if used, shall be steel plate designed for HS20-44 truck loading per the CalTrans Bridge Design Specifications Manual. The Contractor shall maintain on the steel plate a non-skid surface having a minimum coefficient of friction equivalent to 0.35 as determined by California Test Method 342.
Approach plate(s) and ending plate (if longitudinal placement) shall be attached to the roadway by a minimum of two (2) dowels pre-drilled into the corners of the plate and drilled two inches (2”) into the pavement. Subsequent plates are butted to each other. Fine graded asphalt concrete shall be compacted to form ramps, maximum slope eight and one-half percent (8.5%) with a minimum twelve inch (12”) taper to cover all edges of the steel plates. When steel plates are removed, the dowel holes in the pavement shall be backfilled with either graded fines of asphalt concrete mix, concrete slurry or equivalent slurry satisfactory to the City’s representative.
The Contractor shall be responsible for maintenance of the steel plates, shoring, and asphalt concrete ramps.
Unless specifically noted, steel plate bridging should not exceed four (4) consecutive working days in any given week. Backfilling of excavations shall be covered City of Marysville Special Provisions 5TH STREET REHABILITATION
with a minimum three inch (3”) temporary layer of cold asphalt concrete, compacted in place using a vibrating roller or vibroplate.
The following table shows the required minimal thickness of steel plate bridging required for a given trench width:
Trench Width Minimum Plate Thickness
1.0’ 1/2”
1.5’ 3/4”
2.0’ 7/8”
3.0’ 1”
4.0’ 1 - 1/4”
Note: For spans greater than 4 feet, a structural design shall be prepared by a registered civil engineer and approved by the City.
13.7 Bedding – Unless otherwise indicated on the drawings or in the Special Provisions, the pipe shall be placed on a firm, prepared bed of three-quarter inch (¾”) maximum crushed rock. The ¾” maximum crushed rock shall have at least one fractured face and shall be in accordance with ASTM D 448 and meet the following gradation:
Sieve Size Percent Passing
3/4” 90 to 100
3/8” 20 to 55
No. 4 0 to 10
No. 8 0 to 5
Bedding shall extend at least four inches (4”) below the pipe barrel or as indicated on the plans. The pipe shall be bedded uniformly throughout its length to a bearing width of at least sixty percent (60%) of the pipe’s internal diameter.
13.8 Initial Backfill – See Sections 14, 15, and 16 of these Special Provisions for specific backfill requirements for storm drain construction, sewer main construction, and water main construction, respectively.
13.9 Restoration of Surfacing – Typical trench restoration is not anticipated as part of this project, as all trench work is expected to be beneath either curb and gutter or asphalt concrete pavement restoration. If trench alignments are modified during construction such that typical trench restoration becomes necessary, it will be paid for as extra work and specification requirements will be issued as part of a change order.
13.10 Payment – Full compensation for trench excavation and backfill as herein specified including all equipment, labor, materials, dewatering, special traffic considerations and safety measures required shall be included in the price for each or lump sum bid of the item requiring such activities listed in the Proposal and no additional compensation will be allowed therefor; except that when a separate bid item is provided for shoring, the lump sum price bid therefor shall be full compensation for furnishing, City of Marysville Special Provisions 5TH STREET REHABILITATION
installing, and maintaining adequate sheeting, shoring, and bracing or equivalent method for protection of life or limb which conform to applicable safety orders; and except that when a separate bid item is provided for CDF, the price per cubic yard shall be full compensation for furnishing, installing, and protecting the Controlled Density Fill in lieu of backfill with sand or native material and placing Class 2 aggregate base.
SECTION 14
STORM SEWER CONSTRUCTION
14.1 General – Furnishing and installing storm sewer facilities and appurtenances shall be in accordance with the Plans, these Special Provisions, and Sections 64 and 65 of the Standard Specifications.
14.2 Materials – Storm sewer pipe to be furnished shall be as designated on the Plans and as specified herein. Unless otherwise designated on the Plans, storm sewer pipe shall be:
a. Reinforced Concrete Pipe – Reinforced concrete pipe (RCP) with rubber gasket joints:
Reinforced concrete pipe shall conform to ASTM designation C-76 and shall be of the class designated on the Plans, or the following if not so designated:
Class 3 – For pipes thirty inches (30”) or greater in diameter and with a minimum of three feet (3’) of cover.
Class 4 – For pipes twenty-four inches (24”) or smaller in diameter, regardless of depth of cover.
For pipes thirty inches (30”) or greater in diameter and with less than three feet (3’) of cover.
14.3 Protection of Pipes – The Contractor shall take all necessary precautions to protect any and all pipe near the surface of the grading plane from damage by construction equipment or traffic.
14.4 Manholes – Manholes for storm sewers shall be constructed of pre-cast reinforced concrete sections or shall be cast-in-place reinforced concrete or shall be a combination of both materials. Manholes shall conform to the details shown on the Plans and shall be designed to meet H-20 loading requirements.
Pre-cast concrete tapered sections, flat lids, rings, and manhole body sections shall conform to Section 70 of the Standard Specifications except as herein provided. All joints on the inside of structures shall be neatly struck and pointed. The bottoms of manholes, as shown on the Plans, shall be neatly shaped.
City of Marysville Special Provisions 5TH STREET REHABILITATION
No pipe shall project more than 0.17 feet into a manhole except were shown on the Plans and in no case shall the bell of a pipe be built into the wall of a manhole or structure. All work shall be cured for a period of ten (10) days after being placed and shall be protected from injury.
Cast-in-place reinforced portions of manholes shall be constructed of Class A concrete as specified in Section 90 of the Standard Specifications. Bar reinforcing steel shall be furnished and installed in accordance with Section 52 of the Standard Specifications.
Cast iron frames and covers as specified on the Plans shall be furnished and installed by the Contractor in accordance with the applicable portions of Section 75 of the Standard Specifications.
Payment for manholes shall include full compensation for all labor, tools, materials, and equipment, pre-cast concrete sections, all cast-in-place concrete, cast iron frame and cover, structure excavation and backfill and raising to grade following completion of paving in accordance with these Special Provisions.
14.5 Drop Inlets and Catch Basins – Drop inlets and catch basins shall conform to the standard details as shown on the Plans and to the provisions of Section 51 of the Standard Specifications.
Payment for drop inlets and catch basins will be made at the respective bid prices for each as contained in the bid schedule and shall include full compensation for all labor, tools, materials, and equipment, pre-cast concrete sections, all cast-in-place concrete, cast iron frame and cover, structure excavation and backfill, relocation, and raising to grade in accordance with these Special Provisions.
14.6 Initial Backfill – The trench shall be backfilled to a point twelve inches (12”) above the top of the pipe using either three-quarter inch (3/4”) maximum crushed rock or imported sand with one hundred percent (100%) passing a one-inch (1”) sieve. The initial backfill shall be carefully placed so as not to disturb or damage the pipe, and shall be brought up evenly on both sides. It shall be placed in layers not exceeding four inches (4”) in depth and hand tamped to the spring line of the pipe or placed to a depth sufficient to keep the pipe from floating. If C.D.F. is used for the balance of the backfill, the bedding and initial backfill shall be compacted prior to placement of C.D.F.
14.7 Completing Backfill – Trench backfill material placed above the initial backfill shall be as designated on the Plans and as specified herein. If not so designated on the Plans, backfill material may be one of the following:
a. Class 2 Aggregate Base – If crushed rock is used for the initial backfill, filter fabric shall be installed to provide a barrier between the Class 2 aggregate base backfill and the crushed rock. If sand is used for the initial backfill, no filter fabric is required.
City of Marysville Special Provisions 5TH STREET REHABILITATION
The Class 2 aggregate base shall be compacted as shown on the plans. The method of compaction shall be suitable for the backfill material used and the trench condition, and shall be approved by the Engineer. b. Sand – If crushed rock is used for the initial backfill, filter fabric shall be installed to provide a barrier between the sand backfill and the crushed rock. If sand is used for the initial backfill, no filter fabric is required.
The sand shall be ninety-five percent (95%) compacted and the method of compaction shall be suitable for the backfill material used, the trench condition, and shall be approved by the Engineer. Jetting of the sand is not allowed.
c. Controlled Density Fill (C.D.F.) – Controlled Density Fill shall be a mixture of Portland Cement (not to exceed 25 pounds per yard), fly ash, aggregates, water and admixtures proportioned to provide a non-segregating, selfconsolidating, free-flowing, and excavatable material which will result in a hardened, dense, non-setting fill. The unconfined compressive strength shall not exceed 200 psi. Laboratory trial batches or field trials data must be submitted to confirm strength and weight.
C.D.F. shall be used in lieu of completing backfill with sand or Class 2 aggregate base if directed by Engineer or shown on the Plans.
C.D.F. shall be proportioned to be flowable, non-segregating, and excavatable by hand or machine. Desired consistency shall be achieved in the 5- 10 inch slump range. The C.D.F. shall be brought up uniformly to the elevation shown on the Plans.
Contractor shall provide steel plates to span utility trenches and prevent traffic contact with C.D.F. for at least seven (7) days after placement.
C.D.F. patching, mixing, and placing may be started if weather conditions are favorable, when the temperatures is at 34° F and rising. At the time of placement, C.D.F. must have a temperature of at least 40° F. Mixing and placing shall stop when the temperature is 38° F or less and falling. Each filling stage shall be as continuous an operation as is practicable. C.D.F. shall not be placed on frozen ground.
There shall be a 7-day waiting period prior to subjecting the trench backfill to traffic loads. This time period can be reduced if, in the opinion of the Engineer, the C.D.F. is adequately firm and stable.
The Contractor shall be responsible for maintenance and repair of any failures of the trench for one (1) year from the completion of the work.
City of Marysville Special Provisions 5TH STREET REHABILITATION
14.8 Crossing Over a Water Main – If crossing over a water main with a storm sewer line, the storm sewer pipe shall be ductile iron. The eighteen-foot (18’) pipe length shall be centered (plus or minus 1’) over the water main crossing, and the water main pipe length shall be centered under the storm sewer.
14.9 Measurement – For purposes of obtaining length of pipe for payment, the pipe shall be measured along the surface to the nearest foot to the centerline of manholes, drop inlets and catch basins.
14.10 Payment – The price bid per lineal foot of storm sewer or main shall include full compensation for furnishing all labor, materials, tools and equipment, and doing all the work involved in furnishing and installing the pipe complete in place, connections to manholes, drop inlets and catch basin as shown on the Plans or required in the Specifications, including trench excavation and backfill. SECTION 15
SEWER MAIN CONSTRUCTION
15.1 General – Furnishing and installing sanitary sewer facilities and appurtenances shall be in accordance with the Plans, these Special Provisions and the Standard Specifications.
15.2 Materials – Sewer pipe to be furnished shall be Vitrified Clay Pipe (VCP).
VCP and fittings shall be extra strength unglazed, bell and spigot pipe and shall conform to ASTM designation C-700. The pipe joints shall be of the mechanical compression type, conforming to ASTM designation C-425.
15.3 Installation of Sanitary Sewer – The pipe shall be laid in a trench excavated to the lines and grades established by the Engineer. The bottom of the trench shall be graded and prepared to provide a firm and uniform bearing throughout the entire length of the pipe.
Bedding of the pipe shall be in accordance with Section 13 “Trenching Operations” of these Special Provisions.
15.4 Initial Backfill – The trench shall be backfilled to a point twelve inches (12”) above the top of the pipe using three-quarter inch (3/4”) maximum crushed rock. The initial backfill shall be placed so as not to disturb or damage the pipe, and shall be brought up evenly on both sides. It shall be placed in layers not exceeding four inches (4”) in depth and hand tamped to the spring line of the pipe or placed to a depth sufficient to keep the pipe from floating. If C.D.F. is used for the balance of the backfill, the bedding and initial backfill shall be compacted prior to placement of C.D.F.
15.5 Completing Backfill – Trench backfill material placed above the initial backfill shall be as designated on the Plans and as specified herein. If not so designated on the Plans, backfill material may be one of the following:
City of Marysville Special Provisions 5TH STREET REHABILITATION
a. Class 2 Aggregate Base – If crushed rock is used for the initial backfill, filter fabric shall be installed to provide a barrier between the Class 2 aggregate base backfill and the crushed rock. If sand is used for the initial backfill, no filter fabric is required.
The Class 2 aggregate base shall be compacted as shown on the plans. The method of compaction shall be suitable for the backfill material used and the trench condition, and shall be approved by the Engineer. b. Sand – After the initial backfill is in place, filter fabric shall be installed to provide a barrier between the sand backfill and the initial backfill.
The sand shall be ninety-five percent (95%) compacted and the method of compaction shall be suitable for the backfill material used, the trench condition, and shall be approved by the Engineer. Jetting of the sand is not allowed.
c. Controlled Density Fill (C.D.F.) – Controlled Density Fill shall be a mixture of Portland Cement (not to exceed 25 pounds per yard), fly ash, aggregates, water and admixtures proportioned to provide a non-segregating, selfconsolidating, free-flowing, and excavatable material which will result in a hardened, dense, non-setting fill. The unconfined compressive strength shall not exceed 200 psi. Laboratory trial batches or field trials data must be submitted to confirm strength and weight.
C.D.F. shall be used in lieu of completing backfill with sand or Class 2 aggregate base if directed by Engineer or shown on the Plans.
C.D.F. shall be proportioned to be flowable, non-segregating, and excavatable by hand or machine. Desired consistency shall be achieved in the 5- 10 inch slump range. The C.D.F. shall be brought up uniformly to the elevation shown on the Plans.
Contractor shall provide steel plates to span utility trenches and prevent traffic contact with C.D.F. for at least seven (7) days after placement.
C.D.F. patching, mixing, and placing may be started if weather conditions are favorable, when the temperatures is at 34°F and rising. At the time of placement, C.D.F. must have a temperature of at least 40°F. Mixing and placing shall stop when the temperature is 38°F or less and falling. Each filling stage shall be as continuous an operation as is practicable. C.D.F. shall not be placed on frozen ground.
There shall be a seven (7) day waiting period prior to subjecting the trench backfill to traffic loads. This time period can be reduced if, in the opinion of the Engineer, the C.D.F. is adequately firm and stable.
City of Marysville Special Provisions 5TH STREET REHABILITATION
The Contractor shall be responsible for maintenance and repair of any failures of the trench for one (1) year from the completion of the work.
15.6 Manholes – Manholes for sanitary sewers shall be constructed of pre-cast reinforced concrete sections or shall be poured in place reinforced concrete or shall be a combination of both materials. In no case will pre-cast manhole bases be allowed.
Manholes shall conform to the details shown on the Plans.
Pre-cast concrete tapered sections, rings, and manhole body sections shall conform to Section 71 of the Standard Specifications except as herein provided. All joints on the inside of structures shall be neatly struck and pointed. The bottoms of manholes, as shown on the Plans, shall be neatly shaped.
No pipe shall project more than 0.17 feet into a manhole and in no case shall the bell of a pipe be built into the wall of a manhole or structure. All work shall be cured for a period of ten (10) days after being placed and shall be protected from injury.
Cast-in-place reinforced portions of manholes shall be constructed of Class A concrete as specified in Section 90 of the Standard Specifications. Bar reinforcing steel shall be furnished and installed in accordance with Section 52 of the Standard Specifications.
Cast iron frames and covers as specified on the Plans shall be furnished and installed by the Contractor in accordance with the applicable portions of Section 55 of the Standard Specifications. Sewer manholes shall pass a vacuum test consisting of the following criteria and procedures:
a. The test shall be performed after assembly of the manhole and installation of the pipe entering or exiting the manhole, but prior to backfilling. The Contractor shall perform the test and supply all test equipment. The City inspector shall witness the test results.
b. Lift holes shall be filled with non-shrink grout prior to testing. c. Pipe entering and exiting the manhole shall be plugged. The plug shall be placed on the flex joint outside of the manhole base. Securely brace the plugs to prevent them from being drawn into the manhole. Unused channels shall be permanently plugged with a plastic or clay stopper.
d. A vacuum of 10 inches of mercury shall be drawn to start the test.
The amount of time required for the vacuum to drop to 9 inches shall be measured.
The manhole will pass the test if the amount of elapsed time is greater than 60 seconds for a 48” manhole, 75 seconds for a 60” manhole, 90 seconds for a 72” manhole and 120 seconds for an 84” manhole. A liquid-filled vacuum gauge shall be used for testing. All detectable leaks shall be repaired with non-shrink grout while the vacuum is drawn.
City of Marysville Special Provisions 5TH STREET REHABILITATION
e. If the manhole fails the initial test, necessary repairs shall be made with a non-shrink grout while the vacuum is still being drawn. Retesting shall proceed until elapsed times are satisfactory.
f. After passing the vacuum test, all joints shall then be mortared, inside and out. Outside mortared joints shall be allowed to dry for a minimum of 24 hours or as approved by the City inspector before backfilling. g. If damage to the manhole is evident at any time during construction, the City inspector may require repairs to be made on the manhole, which will require a new vacuum test prior to acceptance.
Payment for manholes shall include full compensation for all labor, tools, materials, and equipment, pre-cast concrete sections, all cast-in-place concrete, cast iron frame and cover, structure excavation and backfill and raising to grade following completion of paving in accordance with these Special Provisions.
15.7 Testing and Cleaning of Sewer Line – The sanitary sewers shall be tested between manholes or between manholes and cleanouts by one of the following methods.
Tests for final acceptance shall be made after the line has been backfilled and subgrade compaction requirement has been obtained in the street section.
Water Pressure Test – Sewer lines shall be tested after installation by means of an internal hydrostatic head developed by plugging the lower end of the line at a manhole and filling the line with water. The line shall be tested in sections such that the head of any part will not be less than three feet (3’) above the top of the pipe. Loss of water, under the above conditions specified, shall not exceed one hundred (100) gallons per inch diameter of pipe per thousand feet (1000’) of pipe per day. Should the loss exceed this figure, the Contractor shall make such repairs as necessary to reduce the loss to the acceptable figure.
Force Main Water Pressure Test – Tests shall be made in conformance with the applicable provisions of AWWA Standard C-600. Test pressures shall be 100 PSI.
Gravity Sewer Air Test – The sewer shall be effectively plugged and an air compressor shall be used to obtain a pressure of 4 psi in the section of line being tested. The pressure in the pipe shall be allowed to fall from 3.5 to
2.5 psi and the time interval shall be recorded in minutes. If the time interval is less than that calculated in the following formula, the Contractor shall make the necessary corrections to reduce the leakage to required limits.
Time Interval (Minutes) = Main Line Pipe Diameter (Inches) 2 City of Marysville Special Provisions 5TH STREET REHABILITATION
The maximum reach to be tested shall be the reach between two consecutive manholes.
The Contractor shall supply the compressor, plugs, and necessary piping.
Before the sewer lines are accepted, they shall be cleaned and/or flushed, and all foreign matter shall be removed to the satisfaction of the Engineer. Suitable traps shall be placed in the manholes during cleaning to intercept large material. Such material shall be removed from the line.
After pressure testing has been completed, all gravity sewer mains shall be cleaned and televised before permanent paving is applied. Televising of the sewer mains shall be done in conformance with the standard of the industry. At a minimum, the display shall be in color, a written log shall be maintained, text shall appear on the display to indicate location of run, a narrative shall be given indicating location and any deficiencies, and the invert of the pipe shall always be positioned on the bottom of the display. Any deficiencies in the construction shall be corrected and the line shall be televised again.
15.8 Crossing Over A Water Main – If a sewer service or main is crossing over a water main, the sanitary sewer pipe shall be either ceramic epoxy lined or fusion-bonded epoxy lined and coated ductile iron pipe. The eighteen-foot (18’) pipe length shall be centered (plus or minus 1’) over the water main crossing, and the water main pipe length shall be centered under the sewer main or service. If sewer services are constructed over the water main, then sewer service and main shall be ductile iron pipe.
15.9 Measurement and Payment – For purposes of obtaining length of pipe for payment, the pipe shall be measured along the surface to the nearest foot to the centerline of manholes, branches or wyes.
The price paid per lineal foot of sewer pipe or force main shall include full compensation for furnishing all labor, materials, tools, and equipment, and doing all the work involved in furnishing and installing the pipe complete in place including connections to manholes, wyes as shown on the Plans or required in the Specifications.
SECTION 16
WATER MAIN CONSTRUCTION
16.1 General – Construction of water mains and appurtenances shall be in accordance with the plans, these Special Provisions, and the Standard Specifications.
The Contractor shall submit a plan of staging and storage for pipe material, backfill material and equipment proposed along the alignment, or other areas to be used by the Contractor or sub-contractor(s) within the City or County limits. The Contractor shall provide adequate protection for any pipe, material or equipment being stored along the pipeline alignment route. Placement of barricades and warning signs shall be maintained as the construction progresses to protect the public, pedestrian and vehicle traffic. The City of Marysville Special Provisions 5TH STREET REHABILITATION
Engineer may, at its discretion, deny any request for storage of equipment or materials along the pipeline alignment for concern for public safety.
The Contractor shall keep the interior of all pipe that is to be installed clean while being stored by furnishing and installing appropriate plastic sheeting securely tied tightly to each pipe end.
16.2 Materials – Water pipe and associated materials shall be of the following materials and shall comply with Assembly Bill 1953 (lead free), unless otherwise designated:
a. Pipe – Ductile iron pipe shall be Class 250 minimum and conform to the requirements of the AWWA C151 for ductile iron pipe. Ductile iron pipe shall be cement mortar lined in accordance with AWWA C104.
b. Fittings – All flanged fittings shall conform to AWWA C110. All mechanical or push on fittings shall conform to AWWA C110 or C153. All ductile iron fittings shall be cement mortar lined in accordance with AWWA C104. c. Valves and Valve Boxes – Gate valves shall be ductile iron resilient wedge gate valves with fusion bonded epoxy coating, smooth waterway 250 psi working pressure and meeting the requirements of AWWA C515. All valves shall have a two inch (2”) square operating nut, and shall have eighteen inches (18”) of cover minimum from the top of nut to finished grade. Twelve inch (12”) valves shall be miter geared. Valves larger than twelve inches (12”) shall have bevel gearing.
Any exception shall be authorized by the Public Works Director.
Valve boxes, including extension, shall be as shown on the plans.
Installation shall include adjusting to grade after paving completion. d. Fire Hydrants – Fire hydrants shall be as shown on the plans.
Any damaged metal surfaces shall be primed and entire hydrant shall be finished with two coats of 1145 Safety Yellow paint or City-approved equal.
Payment for fire hydrant assemblies shall include full compensation for furnishing all labor, materials, tools and equipment involved in furnishing and installing the fire hydrant complete, including hydrant, riser, pipe, check valve, nipples, fittings, concrete thrust block and drainage pit, if required, as herein specified.
e. Salvaged Materials – All fittings and materials which are to be removed and are salvageable shall be the property of the City, unless otherwise directed by the Engineer.
16.3 Installation – Water mains shall be installed in accordance with AWWA C600 and in the location as shown on the plans. The trench shall be of sufficient depth City of Marysville Special Provisions 5TH STREET REHABILITATION
to provide the minimum cover over the pipe from the finished grade as shown on the plans and shall be to the grades designated on the plans. The interior of all pipe and accessories shall be kept free from dirt and foreign matter at all times.
Proper implements, tools, and facilities satisfactory to the Engineer shall be provided and used for the safe and sufficient execution of the work. All pipe fittings, valves, hydrants, and accessories shall be carefully lowered into the trench by means of a crane, ropes, or other approved equipment in such a manner as to prevent damage to the pipe and fittings. Under no circumstances shall pipe be dropped or dumped into the trench. The pipe and accessories shall be inspected for defects prior to lowering into the trench. Any defect, damage, or unsound pipe shall be repaired or replaced. All foreign matter shall be removed from the interior of the pipe before lowering into position in the trench. Pipe shall be kept clean by means approved by the Engineer during and after laying.
Pipe shall not be deflected either vertically or horizontally in excess of that recommended by the manufacturer of the coupling. When pipe laying is not in progress, the open ends of the pipe shall be closed by an approved means to prevent entrance of trench water into the line. Whenever water is ejected from the interior of the pipe, adequate backfill shall be deposited on the pipe to prevent floating. Any pipe which has floated shall be removed from the trench and relayed as directed by the Engineer. No pipe shall be laid in water or when, in the opinion of the Engineer, the trench or weather is unsuitable for such work.
16.4 Locating Wire – All runs of cast iron, ductile iron and non-metallic water pipe shall have a No. 10 gauge solid, soft drawn copper wire having 4/64 inch minimum polyvinyl chloride insulation laid along the pipe to facilitate locating the pipe at a later date.
The wire shall be stubbed up inside each valve box, and be placed as shown on Standard Detail 404. Wire extending into the valve boxes shall also have 4/64 inch polyvinyl chloride insulation.
The Contractor shall furnish and install copper compatible wire terminal splicing sleeves that tightly crimp or clamp wires together. The splice shall be completed by a first coat of tightly wrapped quality scotch brand electrical tape, followed by a uniform wrapped second coat of 10 mil black tape.
Prior to final pavement restoration, the Contractor shall completely test the tracer wire for resistance continuity in the presence of the Engineer.
The cost for furnishing, installing, and testing locating wire will be considered paid for in the price bid for water mains.
16.5 Valves and Fittings – Cast iron valves, hydrants, or fittings for use with ductile iron pipe may have bells or spigots with special dimensions as recommended by the pipe manufacturer in order to provide a flexible seal between the pipe and the fitting with a rubber ring gasket of the same composition, design, and dimensions as used with the pipe couplings. Before laying the valves, hydrants, or fittings, all lumps, blisters and City of Marysville Special Provisions 5TH STREET REHABILITATION
excess coal-tar coatings shall be removed from the bells and spigot ends. The outside of the spigot and the inside of the bell shall then be wire brushed and wiped clean and dry.
16.6 Traffic Valve Boxes – Traffic valve boxes shall be firmly supported and maintained, centered, and plumb over the wrench nut of the valve gate.
16.7 Plugs and Caps – Standard plugs shall be inserted into the bells of all deadend fittings and spigot ends of fittings and plain ends of pipe shall be capped, unless otherwise shown on the plans. Plugs and caps shall be lowered into trench, inspected and cleaned as specified above. Joints to ductile iron pipe shall be in accordance with manufacturer’s specifications.
16.8 Thrust Backing – Thrust backing shall be applied at bends, tees, valves, plugs, caps, fire hydrants and where changes in pipe diameter occur at reducers or in fittings. The size and shape of concrete thrust backing shall be as shown on the plans or as directed by the Engineer. Thrust backing shall be of Class B concrete having a compression strength of not less than 2,000 psi, in one (1) day when using high early strength cement, or in seven (7) days when using standard cement. Backing shall be placed between solid ground and fitting to be anchored. The area of bearing on the fitting and on the ground in each instance shall be that required by the Engineer. The backing shall be placed so that the pipe and fitting joints will be accessible for repair.
16.9 Fire Hydrants – Fire hydrants shall be located as shown on the plans or as directed by the Engineer. All hydrants shall stand plumb with nozzles at right angles to the curb or as directed by the Engineer. Hydrants shall be cleaned of foreign matter before setting. 16.10 Water Services – All services shall be copper Type K unless otherwise specified on the plans. Services shall be placed on a firm, prepared bed of imported sand with one hundred percent (100%) passing a one-inch (1”) sieve. Bedding shall extend at least three inches (3”) below the pipe barrel or as indicated on the plans. The trench shall be backfilled to a point six inches (6”) above the top of pipe using sand. The initial backfill shall be carefully placed so as not to disturb or damage the pipe, and shall be brought up evenly on both sides. The final backfill shall meet the requirements of Section 16.12 below. Backfill and trench restoration shall be included in the line item for “Water Service.”
16.11 Initial Backfill – For pipes less than sixteen inches (16”) in diameter, the trench shall be backfilled to a point twelve inches (12”) above the top of the pipe using imported sand with one hundred percent (100%) passing a one-inch (1”) sieve. For pipes sixteen inches (16”) or greater in diameter, the trench shall be backfilled to a point twelve inches (12”) above the top of pipe using three-quarter inch (¾”) maximum crushed rock.
The initial backfill shall be carefully placed so as not to disturb or damage the pipe, and shall be brought up evenly on both sides. It shall be placed in layers not exceeding four inches (4”) in depth and hand tamped to the spring line of the pipe or placed to a depth sufficient to keep the pipe from floating.
City of Marysville Special Provisions 5TH STREET REHABILITATION
16.12 Completing Backfill – Trench backfill material placed above the initial backfill shall be as designated on the plans and as specified herein. Within the paved portion of the roadway, including paved shoulders, all trench backfill material placed between the initial backfill and the asphalt concrete pavement restoration shall be Class 2 aggregate base. Outside of paved areas, trench backfill material placed above the initial backfill shall be either Class 2 aggregate base or sand, except that the upper 12-inches shall be Class 2 aggregate base within 3 feet of the edge of pavement. a. Class 2 Aggregate Base – If crushed rock is used for the initial backfill, filter fabric shall be installed to provide a barrier between the Class 2 aggregate base backfill and the crushed rock. If sand is used for the initial backfill, no filter fabric is required.
The Class 2 aggregate base shall be compacted as shown on the plans. The method of compaction shall be suitable for the backfill material used and the trench condition, and shall be approved by the Engineer. b. Sand – If crushed rock is used for the initial backfill, filter fabric shall be installed to provide a barrier between the sand backfill and the crushed rock. If sand is used for the initial backfill, no filter fabric is required.
The sand shall be compacted as shown on the plans. The method of compaction shall be suitable for the backfill material used and the trench condition, and shall be approved by the Engineer. Jetting of the sand will not be allowed. c. Field Quality Control – The Contractor shall hire a geotechnical engineering consultant to perform all required trench backfill testing, as directed by the Engineer. Testing procedures and frequency shall be in accordance with the City’s testing procedures, or as directed by the Engineer. Payment for field quality control shall be considered included in payment for other items of work and no additional compensation will be made therefor.
d. Warranty Against Trench Failure – The Contractor shall be responsible for maintenance and repair of any failures of the trench in accordance with Section 2.11 “Guaranty of Work”.
16.13 Hydrostatic Pressure and Leakage Testing – Lines to be tested shall be plugged or capped at all dead ends. Filling of the line and connection to existing City lines shall be as shown on the plans. The blind flange shall remain in place until pressure, leakage, and disinfection tests have been completed.
Any deviation from this method must have prior approval from the Public Works Director.
Contractor shall furnish all hoses, pumps, pressure gauges, leakage measuring devices, connection, relief valves, temporary pressure heads, other necessary City of Marysville Special Provisions 5TH STREET REHABILITATION
apparatus, and personnel required for pressure and leakage testing. All pressure gauges shall be calibrated within forty-five days of the pressure test and the calibration tag shall be affixed to the gauge.
Pressure tests shall be made in conformance with the applicable provisions of AWWA C600. Test pressures shall be 150 psi. In no case shall there be placement of permanent pavement prior to successful completion of the tests.
Prior to performing the required pressure test, the Contractor shall raise the pipeline pressure to the required test pressure by means of a pump connected to the pipeline in a manner satisfactory to the Engineer for a period of 30 minutes. During this period, the Contractor shall maintain pressure within 10 psi of the required test pressure.
The pipeline pressure shall then be reduced to line pressure. The Contractor shall then raise the pipeline pressure to the required test pressure again and maintain within 5 psi of the required test pressure for two hours minimum.
Measured leakage for the pipeline is the total quantity of water required to be pumped into the pipeline to maintain the test pressure within allowable limits during the 2-hour test period and to bring the pressure back to the initial test pressure. Leakage shall be measured in the presence of the Engineer. For successful completion of the leakage test, the measured leakage shall not exceed limits established in AWWA C600.
On completion of the pressure and leakage tests, any exposed couplings shall be covered and backfilled and shall be compacted thoroughly by tamping or other methods approved by the Engineer.
All dirt, rubbish, and excess earth from excavation shall be hauled to a dump provided by the Contractor, and the construction sites shall be left clean, to the satisfaction of the Engineer.
16.14 Disinfection and Flushing – Upon successful completion of pressure and leakage testing and before being placed in service, all new water systems or valve sections to such extensions, or any replacement in existing water system or exposed section of the existing City system shall be flushed and disinfected to the satisfaction of the Engineer, in conformance with AWWA C651.
Water distribution mains up to and including sixteen inches (16") in diameter shall be disinfected using the Tablet Method or Continuous-feed Method described in AWWA C651. Water transmission mains eighteen inches (18”) in diameter and greater shall be disinfected using the Continuous-feed Method described in AWWA C651.
Before being placed in service, all new mains shall be chlorinated so that a chlorine residual of not less than ten parts per million remains in the water after at least twenty-four (24) hours retention in the pipe. Under average circumstances, this may be expected by application of twenty-five (25) parts per million. Unless otherwise approved by the Engineer, chlorine shall be introduced in the form of one percent (1%) waterchlorine solution of one of the following materials:
City of Marysville Special Provisions 5TH STREET REHABILITATION
a. Calcium hypochlorite (65-70% Chlorine), conforming to AWWA B300.
b. Sodium hypochlorite (5-15% Chlorine), conforming to AWWA B300.
Valves shall be manipulated so that the strong chlorine solution in the line being treated will not flow back into the lines supplying the water.
Check valves shall be used conforming to Standard Detail No. 410.
Treated water shall be retained in the pipe long enough to destroy all nonspore-forming bacteria. This period should be at last twenty-four (24) hours and should produce no less than ten (10) parts per million at the extreme of the line at the end of the retention period.
In the process of chlorinating newly laid pipe, all valves or other appurtenances shall be operated while the pipe line is filled with the chlorinating agent.
Following chlorination and prior to bacteriological testing, all treated water shall be thoroughly flushed at a minimum velocity of 2.5 feet per second from the newly laid pipe line at its extremities until the replacement water throughout its entire length shall, upon test, be proved comparable in quality to the water served the public from the existing water supply system in accordance with State of California Department of Health Services requirements. Water from flushing shall be disposed of such that it does not flood, inundate, or damage property. Contractor shall dechlorinate the water prior to disposal by injecting or mixing EPA approved chemicals with the water to neutralize the chlorine before it is released to the ground, stream, or storm drain system. Residual chlorine levels shall be reduced and maintained to a maximum of one hundredth (0.01) parts per million. Contractor shall test the discharge at fifteen-minute intervals to assure that acceptable levels of neutralization are maintained. Discharge shall be stopped if chlorine levels exceed one hundredth parts per million.
No earlier than 24 hours after flushing the chlorinated water from the main, the Engineer will collect bacteriological samples for testing. Samples will be collected at locations along the pipeline identified by the Engineer. Contractor shall notify the Engineer at least 24 hours in advance of the time that the samples are to be drawn for testing.
Should the initial test fail to result in total coliform being absent and Total Plate Count less than five hundred colony forming units per milliliter, the original chlorination procedure shall be repeated at Contractor’s expense. If satisfactory results are not obtained after two (2) tests, the City reserves the right to charge the Contractor for the additional time it takes to retest additional bacteriological samples.
16.15 Payment – The price per linear foot paid for furnishing and installing water mains shall include full compensation and furnishing all labor, materials including locating wire, tools, and equipment, and doing all the work including excavation, laying of water mains and joints, disposal of waste materials, furnishing and installing bedding, initial backfill, and trench backfill, furnishing and installing temporary asphalt concrete trench City of Marysville Special Provisions 5TH STREET REHABILITATION
patch for Type A trench restoration, furnishing and installing mounded soil for Type D trench restoration, backfill and hydrostatic testing, chlorinating, flushing and installing the water mains complete in place as specified herein, except that separate payment for furnishing and installing fittings, gate valves, and hydrants will be paid at the prices bid therefor. Pipe, fittings, valves, tapping saddles, etc. used exclusively for the filling and hydrostatic testing operations will be paid for separately under the Testing Block and Bypass bid item. Mainline fittings will be paid for separately under the Fittings bid item.
The weight of the fittings for payment of the Fittings bid item will be based on AWWA C110 for flanged fittings and AWWA C110 or C153 for mechanical and push-on fittings.
Spools with flanged joints will not be considered as fittings for the purposes of payment but shall be paid for as lineal feet of water pipe for the size of pipe involved and no additional compensation will be allowed therefor.
SECTION 17
PAVEMENT MARKERS AND MARKINGS
17.1 Pavement Delineation Layout – Contractor is responsible for re-establishing the existing pavement delineation, including traffic stripes, traffic markers, and markings, after the asphalt concrete has been placed, unless modified by the Engineer. Contractor is to use his forces to accurately locate the positions of all traffic stripes, traffic markers, and markings prior to their removal due to construction activities so that the new pavement delineation can be replaced in the same location.
Full compensation for laying out the new pavement delineation, including thermoplastic traffic stripes, thermoplastic pavement markings, and pavement markers shall be considered as included in the prices paid for the various contract items of work, and no separate payment will be made therefor.
17.2 Thermoplastic Traffic Stripes and Traffic Markings – Thermoplastic traffic stripes (traffic lines) and pavement markings shall be applied in conformance with the provisions in Section 84, “Traffic Stripes and Pavement Markings,” of the Standard Specifications and these Special Provisions. Unless otherwise shown on the Plans, traffic stripes shall be in accordance with the following details:
Caltrans Detail
Description Speed < 35 mph
Centerline Detail 1 Detail 2
Laneline Detail 8 Detail 9
No Passing Zone – Two Directions Detail 21 Detail 22
Right Edgeline Detail 27 Detail 27
Two-Way Left Turn Lane Detail 31 Detail 32
Channelizing Line Detail 38A Detail 38B
Bike Lane Detail 39 & 39A Detail 39 & 39A
Primer shall be applied:
City of Marysville Special Provisions 5TH STREET REHABILITATION
a. To asphaltic surfaces over 6 months old and to all concrete surfaces
b. Immediately before, and concurrently with the application of the thermoplastic
c. At the manufacturer’s instructed rate
Where striping joins existing striping, as shown on the Plans, the Contractor shall begin and end the transition from the existing striping pattern into or from the new striping pattern a sufficient distance to ensure continuity of the striping pattern.
All traffic stripes shall be placed using thermoplastic material unless otherwise noted on the plans or directed by the Engineer.
Thermoplastic material for traffic stripes shall be applied at a minimum thickness of 90 mils.
The contract prices paid per lineal foot for thermoplastic traffic stripes and per each for the thermoplastic pavement markings shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for performing all the work involved in painting traffic stripes (regardless of the number, widths, and patterns of individual strips involved in each traffic stripe) and pavement markings including establishing alignment for stripes and layout work, complete in place, as shown on the Plans, as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer.
17.3 Pavement Markers – Pavement markers shall conform to the provisions in Section 85, “Pavement Markers,” of the Standard Specifications and these Special Provisions. Non-reflective pavement markers shall be ceramic.
At the option of the Contractor, a hot melt bitumen adhesive may be used to cement the markers to the pavement, instead of the Rapid Set Type or Standard Set Type adhesive specified in Section 85-1.06 of the Standard Specifications. The bitumen adhesive material, if used, shall conform to the following:
Specification ASTM Test Method Requirement
Flash Point, COC °F D 92 550 Min.
Softening Point, °F D 36 200 Mm.
Brookfield, Viscosity, 400°F D 2196 7,500 cP, Max.
Penetration, 100g, 5 sec., 77°F D5 10-20 dmm
Filler Content, % by weight
(insoluble in 1,1,1 Trichloroethane) D 2371 50 - 75
Filler material shall be calcium carbonate and shall conform to the following fitness:
Sieve Size Percent Passing
No. 100 100
No. 200 95
City of Marysville Special Provisions 5TH STREET REHABILITATION
No. 325 75
Bitumen adhesive shall be indirectly heated in an applicator with continuous agitation. The adhesive shall be applied at a temperature between 400° F and 425° F.
Markers shall be placed immediately after application of the adhesive.
Placement of markers using bitumen adhesive shall conform to the requirements for placing markers in said Section 85-1.06 of the Standard Specifications, except as follows:
a. Markers shall not be placed when the pavement or temperature is 50° F or less.
b. Blast cleaning of clean, new asphalt concrete surfaces will not be required.
c. Blast cleaning of clean, new seal coat surfaces will not be required.
Placement of markers associated with fire hydrants shall be at locations determined by the Engineer.
Pavement markers not placed within one-half inch (1/2”) of the required locations shall be subject to removal and replacement in the correct locations, as directed by the Engineer.
The contract unit prices paid for pavement marker (retro-reflective) and pavement marker (non-reflective) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for performing all the work involved in furnishing and placing pavement markers, complete in place, including adhesives, and establishing alignment for pavement markers, as shown on the Plans, as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer.
17.4 Remove Traffic Stripes, Pavement Markings, and Markers – All existing traffic stripes, pavement markings, and markers are to be removed prior to placing asphalt concrete overlay in project areas, including, but not limited to, all thermoplastic stop bars, stop legends, bike lanes, yellow centerlines, crosswalks, and miscellaneous markings.
Contractor shall comply with Title 8, Section 1532.1 of the California Code of Regulations pertaining to potential occupational exposure to lead.
Where blast cleaning is used for the removal of painted traffic stripes and pavement markings or for removal of objectionable material, and such removal operation is being performed within ten feet (10’) of a lane occupied by public traffic, the residue, including dust, shall be removed immediately after contact between the sand and the surface being treated. Such removal shall be by a vacuum attachment operating concurrently with the blast cleaning operation.
City of Marysville Special Provisions 5TH STREET REHABILITATION
Nothing in these Special Provisions shall relieve the Contractor from his responsibilities as provided in Section 7-1.09, “Public Safety,” of the Standard Specifications.
Existing pavement markers, when no longer required for traffic lane delineation as directed by the Engineer, shall be removed and disposed of.
Full compensation for removing painted and thermoplastic striping and markings and removing and disposing of pavement markers shall be considered as included in the prices paid for the various contract items of work, and no separate payment will be made therefor.
SECTION 18
SIGNALS, SIGNS, AND LIGHTING
18.1 Description – Installation of traffic signals, signs, lighting, and communication conduit shall conform to the provisions in Section 86, “Signals and Lighting,” of the Standard Specifications and these Special Provisions.
The Contractor shall maintain existing signals or provide temporary signals to direct vehicle and pedestrian traffic through the intersection during construction and installation of the traffic signal system. Existing conflicting signal equipment and all temporary signal equipment shall be removed when the system is turned on.
Full compensation for maintaining and removing existing signal, constructing, maintaining, and providing any temporary signal equipment shall be considered as included in the contract lump sum price paid for the signal item involved and no additional compensation will be allowed therefore.
18.2 Foundations – Foundations shall conform to the provisions in Section 87- 1.03E(3), “Concrete Pads, Foundations, and Pedestals,” of the Standard Specifications and these Special Provisions.
Sleeve nuts shall be used on Type 1-B standards. Foundation for Type 1-B standards shall conform to the details on Standard Plan RSP ES-7B, Detail C “Anchor Bolts with Sleeve Nuts,” except that the bottom of the base shall be flush with the finished grade.
18.3 Conduit – The conduit run between a foundation and the nearest pull box shall be the same as in the foundation. Rigid non-metallic conduit shall be used in signals, electrolier, controller, and service foundation.
When a standard coupling cannot be used for coupling metal type conduit, a UL-listed threaded union coupling, as specified in the third paragraph in Section 86-
2.05C, “Installation,” of the Standard Specifications, or a concrete-tight split coupling or concrete-tight set screw coupling shall be used.
City of Marysville Special Provisions 5TH STREET REHABILITATION
Conduit runs shown on the plans to be located behind curbs may be installed in the street, within three feet (3’) and parallel to the gutter line of the curb, by trenching as provided below. All pull boxes shall be located behind the curb or at the locations shown on the plans.
After conductors have been installed, the ends of conduit terminating in service and controller cabinets shall be sealed with an approved type of sealing compound.
At locations where conduit is to be installed under pavement and existing underground facilities require special precautions as described in “obstructions” of these Special Provisions, conduit shall be placed by trenching as provided below.
At other locations where conduit is to be installed by jacking or drilling as provided in Section 86-2.05C, “Installation,” of the Standard Specifications, and if delay to any vehicle will not exceed five (5) minutes, the conduit shall be non-rigid type, and may be installed by the trenching method as follows:
At locations where conduit is to be installed under pavement, conduit shall be placed by trenching as provided below.
a. Trenching Installation of Conduit – Conduit shall be placed under existing pavement in a trench approximately two inches (2”) wider than the outside diameter of the conduit to be installed. Trench shall not exceed six inches (6”) in width. Conduit depth shall not exceed twelve inches (12”) or conduit tradediameter plus ten inches (10”), whichever is greater, except that at pull boxes, the trench may be hand dug to required depth. The top of the installed conduit shall be a minimum of nine inches (9”) below finish grade.
In areas where additional pavement is to be placed, trenching installation shall be completed prior to placing final pavement layer. The outline of all areas of pavement to be removed shall be cut to a minimum depth of three inches (3”) with a rock cutting excavator specifically designed for this purpose.
Cuts shall be neat and true with no shatter outside the removal area.
The conduit shall be placed in the bottom of the trench and the trench shall be backfilled with commercial quality concrete, containing not less than 564 pounds of cement per cubic yard, to not less than 0.10 foot below the pavement surface. The top 0.10 foot shall be backfilled with asphalt concrete produced from commercial quality paving asphalt and aggregates.
Prior to spreading asphalt concrete, paint binder shall be applied as specified in Section 39-4.02, “Prime Coat and Paint Binder,” of the Standard Specifications. Spreading and compacting of asphalt concrete shall be performed by any method which will produce an asphalt concrete surfacing of uniform smoothness, texture, and density.
City of Marysville Special Provisions 5TH STREET REHABILITATION
All excavated areas in the pavement shall be backfilled, except for the top
0.10 foot, by the end of each work period. The top 0.10 foot shall be placed within 3 calendar days after trenching.
18.4 Pull Boxes – Grout in the bottom of pull boxes will not be required.
Where the sump of an existing pull box is disturbed by the Contractor’s operations, the sump shall be reconstructed and, if the sump was grouted, the old grout shall be removed and new grout placed.
18.5 Conductors and Wirings – Traffic signal conductors shall conform to the requirements of Section 86-2.08 of the Standard Specifications.
Splices shall be insulated by “Method B” or, at the Contractor’s option, splices of conductors shall be insulated with heat-shrink tubing of the appropriate size after thoroughly painting the spliced conductors with electrical insulating coating. a. Heat-Shrink Tubing – Heat-shrink tubing shall be medium or heavy wall thickness, irradiated polyolefin tubing containing an adhesive mastic inner wall. Minimum wall thickness prior to contraction shall be 0.04-inch. When heated, the inner wall shall melt and fill all crevices and interstices of the object being covered while the outer wall shrinks to form a waterproof insulation. Each end of the heat-shrink tube or the open end of the end cap of heat-shrink material shall, after contraction, overlap the conductor insulation at least 1½ inches. Heat-shrink material shall conform to UL Standard E466345 600V 125°C.
All heat-shrink tubing shall also meet the following requirements.
Shrinkage Ratio: 33 percent, maximum, of supplied diameter when heated to 120°C and allowed to cool
to 25°C
Dielectric Strength: 350 kilovolts per inch, minimum
Resistivity: 1014 ohms per centimeter, minimum
Tensile Strength: 2,000 lbs. per square inch, minimum
Operating
Temperature:
-55°C to 135°C
Water Absorption: 0.5 percent, maximum
When three or more conductors are to be enclosed within a single splice using heat-shrink material, mastic shall be placed around each conductor, prior to being placed inside the heat shrink material. The mastic shall be the type recommended by the manufacturer of the heat-shrink material.
City of Marysville Special Provisions 5TH STREET REHABILITATION
After contraction, the ends and seams of heat-shrink material shall be painted with electrical insulating coating.
Heat-shrink material shall not be heated with an open flame.
18.6 Bonding and Grounding – Grounding jumper shall be attached by a 3/16 inch or larger brass bolt in the signal standard or controller pedestal and shall be run to the conduit, ground rod or bonding wire in adjacent pull box.
Equipment grounding conductors will not be required in conduit containing loop lead-in cables only.
Bonding of standards and pedestals without handholes shall be by means of a bonding jumper between a 3/16 inch or larger brass or bronze bolt installed in the lower portion of the shaft and the conduit, ground rod or bonding wire in the adjacent pull box. Grounding jumper shall be visible after cap has been poured on foundation.
Standards and pedestals without handholes shall be bonded by a bonding jumper between the equipment grounding system and the anchor bolts. The bonding jumper shall not exceed a 360 degree turn around the anchor bolt.
18.7 Service – Circuit breakers used as service disconnect equipment shall have a minimum interrupting capacity of 42,000 ampere, rms, for 120/240-volt services and 30,000 amperes, rms, for 480-volt services.
Circuit breakers shall be mounted on non-energized clips. All circuit breakers shall be mounted vertically with the up position of the handle being the “ON” position.
Dead front panel or panels, and corresponding exterior door, shall be hinged on one side and shall be openable without the use of tools.
A heavy-duty barrier type terminal block shall be provided in each service equipment enclosure. The terminal block shall have a minimum of twelve (12) positions with terminals rated at Size No. 8, or larger, to accept the field wires indicated on the plans. Field wires shall be terminated using crimped, insulated loop connectors.
Type III service equipment enclosures shall be fabricated from aluminum and shall conform to the fabrication requirements in Section 86-3.04A, “Cabinet Construction,” of the Standard Specifications except as follows:
a. All exterior seams for enclosure and doors shall be continuously welded by gas tungsten arc (Tig) process.
b. Sealing of anodic coating shall be in five percent (5%) aqueous solution of nickel acetate (pH 5.0 to 6.5) for fifteen (15) minutes at 210°F.
City of Marysville Special Provisions 5TH STREET REHABILITATION
18.8 Existing Highway Facilities – The work performed in connection with various existing highway facilities shall conform to the provisions in Section 15, “Existing Highway Facilities,” of the Standard Specifications and these Special Provisions.
Each roadside sign shall be installed at the new location on the same day said sign is removed from its original location.
The work performed in connection with various existing highway facilities shall conform to the provisions in Section 15-2.04, “Salvage,” of the Standard Specifications, the materials to be salvaged shall remain the property of the City, and shall be cleaned, packaged, bundled, tagged, and hauled to the City’s Corporation Yard at 1185 Market Street, Marysville.
18.9 Standards, Steel Pedestals, and Posts – The sign mounting hardware, as shown on Detail U of Standard Plan ES-7N, shall be installed at the locations shown on the plans.
Where the plans refer to the side tenon detail at the end of the signal mast arm, the applicable tip tenon detail may be substituted.
18.10 Functional Testing – The functional test for each lighting system shall consist of not less than seven (7) days. If unsatisfactory performance of the system develops, the conditions shall be corrected and the test shall be repeated until the seven (7) days shall be continuous and satisfactory operation is obtained.
18.11 Numbering Electrical Equipment – As directed by the Engineer, the Contractor shall place 5-digit, self-adhesive reflective equipment numbers on all electroliers, soffit lighting, sign lighting, and service pedestals. On electroliers, the numbers shall be placed as shown on standard plan ES-7B. On service pedestals, the numbers shall be placed on the front door.
18.12 Model 170E Controller Assemblies – Model 170E controller assembly or assemblies with Model 332 controller cabinet.
The Contractor shall arrange to have the signal software supplier and a signal technician qualified to work on the controller and employed by the controller manufacturer or his representative, present at the time the equipment is turned on. If requested by the Engineer, the signal technician shall enter all program and/or timing information and shall make all adjustments necessary for the operation of each controller assembly.
18.13 Vehicle Signal Faces and Signal Heads – All lamps for traffic signal units will be furnished by the Contractor.
All signal heads shall have backplates. Signal section housings shall be metal type.
City of Marysville Special Provisions 5TH STREET REHABILITATION
The first paragraph of Section 86-4.08, “Signal Mounting Assembly,” of the Standard Specifications is amended to read:
Signal mounting assemblies shall consist of 1½ inch standard steel pipe or galvanized conduit, necessary fittings, slip-fitters and terminal compartments. Pipe fittings shall be ductile iron, galvanized steel, copper, brass or bronze. Slip-fitters shall be cast bronze or hot-dip galvanized ductile iron. Terminal compartments shall be cast bronze, Type 356-T6 aluminum or hot-dip galvanized ductile iron. After installation, any exposed threads of galvanized conduit brackets and all areas of such brackets damaged by wrench or vise jaws shall be cleaned with a wire brush and painted with two (2) applications of unthinned zinc-rich paint conforming to the requirements of Military Specifications DOD-P-21035A.
18.14 Pedestrian Signal Faces – Pedestrian signal faces shall conform to the provisions in Section 86-4.06 of the State Standard Specifications and these Special Provisions.
Caltrans Standard Special Provision Number 86-405_DU is incorporated by reference. Pedestrian signal faces shall have LED displays that include solid (filled in) walking man and raised hand symbols and shall be Dialight Model No. 430-6479-001 or approved equal. Dialight may be reached at (732) 919-3119.
All pedestrian signal heads shall be the “countdown” variety and shall have a high intensity LED timer display, which is legible, day or night, from a minimum distance of one hundred and twenty (120) feet from the signal. Timer must have the ability to time from both the beginning of the Walk interval and from the beginning of the flashing Don’t Walk interval. Timer must also have the ability to time down to the end of the flashing Don’t Walk movement controlled by the unit. Timer shall calculate and display the appropriate flashing Don’t Walk time, as programmed on the signal controller, after one cycle of flashing Don’t Walk operation. The timer shall continuously recalculate flashing Don’t Walk time after any change in the setting for that phase on the traffic signal controller.
The pedestrian signal head shall be programmed to count down only during the flashing Don’t Walk interval.
18.15 Detectors – Loop wire shall be “Type 2.”
Loop detector lead-in cable shall be Type B. Conductors for loop detector lead-in cable shall be 2 No. 16 (19 x 29) stranded, tinned copper.
Residue resulting from slot cutting operations shall not be permitted to flow across shoulders or lanes occupied by public traffic and shall be removed from the pavement surface.
Asphaltic sealant for inductive detector loop installation will be furnished by the Contractor. Slots shall be filled with hot melt rubberized asphalt sealant.
City of Marysville Special Provisions 5TH STREET REHABILITATION
Temperature of sealant material during installation shall be above 70°F. Air temperature during installation shall be above 50°F. Sealant placed in the slots shall be compacted by use of an eight (8) inch diameter by 1/8 inch thick steel hand roller or other tool approved by the Engineer. Compacted sealant shall be flush with the pavement surface. Minimum conductor coverage shall be one (1) inch. Excess sealant remaining after rolling shall not be reused. On completion of rolling, traffic will be permitted to travel over the sealant.
If any existing loop conductor, including the portion leading to the detector handhole or termination pull box, is damaged by the Contractor’s operation, the Contractor shall immediately notify the Engineer. The damage shall be repaired at the Contractor’s expense and as directed by the Engineer within twenty-four (24) hours. If the Contractor fails to complete the repairs within this period, the repairs will be made at the Contractor’s expense.
18.16 Pedestrian Push Buttons – Pedestrian push buttons shall be accessible pedestrian signals (non-vibrating type) and shall conform to the provisions in Section 86- 1.02T, “Accessible Pedestrian Signals,” and Section 87- 1.03T, “Accessible Pedestrian Signals,” of the Standard Specifications and these Special Provisions. Custom crossing warning sound shall be; “YELLOW LIGHTS ARE FLASHING”, repeated twice, unless a different message is requested by the City.
18.17 Luminaires – All new luminaires shall be LED luminaires, and shall have 120-count LEDs. Luminaires shall use 2M optic, shall use UL voltage, shall be equipped with a NEMA photocell receptacle, and shall be 2-level 525mA standard fixture with integrated sensor control.
Photoelectric control of the luminaries shall be Type V. Contactors shall be the mercury type.
18.18 Roadside and Mast Arm Signs – Roadside and mast arm signs shall be installed at the locations shown on the plans or where directed by the Engineer, and shall conform to the provisions in Section 56-2, “Roadside Signs,” and Section 86-6, “Lighting,” of the Standard Specifications and these Special Provisions.
Roadside and mast arm signs and (LED) internally illuminated street name signs shall conform to State Specifications and shall be provided by the Contractor. Full compensation for furnishing and installing sign panels shall be considered as included in the contract price paid for signals and lighting, and no separate payment will be made therefore.
18.19 Modem – Modem Model 400, to be used with Model 170E controller units.
These specifications shall supplement General Specifications for Traffic Control Equipment and, in case of conflict, these specifications shall govern.
City of Marysville Special Provisions 5TH STREET REHABILITATION
1.1 The modem shall provide for 1-way or 2-way, 2-wire half duplex and 4-wire full duplex communications.
1.2 The model board dimensions, space limitations, and connection shall be as shown on the plans.
1.3 The modem shall comply with the following requirements:
1.3.1 Data Rate: Serial, 300 to 1200 Baud Modulation
1.3.2 Modulation: Frequency Shift Keying (FSK)
1.3.3 Operation: Asynchronous
1.3.4 Line and Signal Requirements: Type 3002 Voice grade
1.3.5 Interface: EIA RS-232-C Standards
1.3.6 Tone Carrier Frequencies: 1200 Hz - 2200 Hz
1.3.7 Transmitting Output Signal Level: 0, -2, -4, -6, and -8 dbm continuous or switch selectable
1.3.8 Received Input Sensitivity: 0 to -40 dbm
1.3.9 Received Bandpass Filter: Shall provide a minimum of 20 db attenuation at frequencies outside the operating band
1.3.10 Clear-to-Send Delay: Turnaround time of 10 milliseconds
1.3.11 Carrier Response Time: 8 milliseconds
1.3.12 Soft Carrier Turn Off Time: 10 milliseconds
1.3.13 Modem Recovery Time: Capable of receiving data within 10 milliseconds after completion of transmissions
1.3.14 Error Rate: Not to exceed 1 bit in 105 bits with a signal to noise ratio of 16 db with noise flat weight over a 300 to 3400 Hz band
1.3.15 ACIA Interface: Comply with EIA RB-232-C Standards
1.3.16 Transmit Noise: Less than -50 db across 1600 ohm resistive load within the frequency spectrum of 300 to 3000 Hz at maximum output
1.4 Communications shall be switch selectable between half and full duplex.
1.5 The modem power requirements are as follows:
Input Voltages Maximum Current
+12 VDC 150 milliamperes
-12 VDC 150 milliamperes
1.6 Indicators shall be provided on the front edge of the modem indicating Carrier Detect, Transmit Data, and Receive Data.
1.7 Must interface to and operate in Type 170 controller unit.
1.8 Must decode California test program correctly.
City of Marysville Special Provisions 5TH STREET REHABILITATION
18.20 Local Intersection Program (Software)– The local intersection program shall be BI Tran Systems Program 200CA, or approved equal, and shall be as described in Traffic Signal Control Local Intersection Program published by the State of California Department of Transportation, dated July 1978, supplemented and enhanced as follows:
a. Phase Overlaps: One right turn arrow overlap and four full overlaps shall be provided. The right turn overlap shall be programmable and designated OL'A. Full overlaps are designated OL'A, OL'B, OL'C, and OL'D.
The full overlaps shall be output to the auxiliary output file in a Model 332 cabinet. In addition, full overlaps OL'A and OL'B, shall also be output to switchpacks 3 and 7, when those respective phases are not used. The right turn overlaps shall be output as directed in the above-referenced local intersection program.
Each full overlap shall have an operator settable Green clearance, Yellow change, and Red clearance time. It shall be possible to assign any combination of phases to a full overlap.
There shall be a separate set of overlaps used during Railroad preemption operation.
b. Timing Accuracy: The accuracy of each timed interval shall be within 100 milliseconds of the programmed value when tested as described in NEMA Standard TS 1-76.
c. Pedestrian Phases: Each of the four pedestrian inputs shall be operator assignable to a pedestrian phase. It shall be possible to cause any pedestrian phase to display and time concurrently with any vehicle phase. d. Railroad Preemption: The track clearance phases associated with each railroad preemption input (RRI and RR2) and the limited service phases served during the train passage interval of RR2 shall be completely operator selectable. There shall be separate associated of overlaps for Railroad Preemption operation.
If no track clearance phases are selected for Railroad preemption, the program shall cause the controller to proceed directly to the train passage interval (Flashing Red for RR1 or limited service for RR2). When exiting RRl, the controller shall resume operation in its Startup phases. e. Emergency Vehicle Preemption: Four emergency vehicle preemption inputs shall be provided. The clearance phases associated with each input shall be operator selectable. If no emergency vehicle clearance phase is selected, the controller shall preempt to all red signal indications.
City of Marysville Special Provisions 5TH STREET REHABILITATION
f. Maximum Extension #2 (Max 2): The program shall be capable of using either Maximum Extension or Max 2 timing intervals. Maximum extension timing shall be used, except when Max 2 is called. Max 2 shall be automatically implemented when operating in any coordinated plan.
Max 2 timing shall be programmable on a per phase basis and shall be adjustable from 0 to 255 seconds in one second increments. g. Internal Time Clock/Calendar: The internal time clock shall provide automatic correction for daylight savings time and leap year.
Once the clock is set, it shall remain accurate even through power outages of less than 4 hours and 15 minutes. During normal power conditions, the clock shall be derived from the power line frequency. This shall provide a stable long-term time clock. During power outages, the length of the outage shall be measured by a highly accurate quartz crystal. Upon restoration of power, the length of the power outage shall be added to the time at which the power failure occurred to arrive at the current time of day. If the outage is 4 hours and 15 minutes or more in duration, the clock shall not be updated and the time of day operation shall be inhibited, until the operator re-enters the correct time of day.
It shall provide the following functions internal to the controller nit by time of day and day of week: Pedestrian recall, vehicle maximum recall, and Red rest time of day functions shall be assignable by phase and it shall be possible to change the assignments during the day. Free operation shall cause the local controller to operate in a non-coordinated mode.
h. Maximum Recall: It shall be possible to place a steady demand on selected phases during all modes of operation (free or coordinated). i. Phase Sequence: Each coordinated plan and free operation shall have a phase sequence selection. This shall permit the operator to select leadlag, lead-lead, lag-lead, or lag-lag turn operation for each plan. The operation shall be able to set the designated phase which lags each phase pair. The quad configuration shall contain 4 phase pairs, phases 1 & 2, 3 & 4, 5 & 6, 7 & 8.
j. Free: When commanded manually, by the master or by time of day, the controller shall revert to free, non-coordinated operation. k. Coordination: The local coordination program shall, in conjunction with the local intersection program, provide coordinated operation of the local controller. The coordinated operation shall be provided by commands received via a 7-wire or modem interconnect circuit or by commands received from internal time base coordination as selected by the operator. Time base coordination shall be part of the local program and shall provide coordinated operation based on an accurate measure of the time of day.
City of Marysville Special Provisions 5TH STREET REHABILITATION
During coordinated operation, force-off commands shall control the maximum length (split) of the non-coordinated phases. A force-off command shall terminate a phase without regard to vehicle demand, except as restricted by the local intersection program. A force-off command shall terminate each noncoordinated phase at a specific point in a cycle. 1) Signal Control Plans: The local coordination program shall provide 11 signal control plans. One for free operation, one for flash operation, and nine for coordinated operation.
The free control plan shall provide unrestricted fully actuated operation.
Each coordinated control plan shall define a cycle length, an offset time, a lag phase designation, force-off points for the non-coordinated phases, a permissive period, and designated synchronization phases. The cycle length, offset time, and permissive period shall be in seconds and shall be adjustable from 0 to 255 seconds in one-second increments.
The lag phase designation shall set the phase rotation
sequence.
Force-off points shall be measured from the yield point of the cycle and shall be set directly by the operator. The force-off points shall be in seconds and shall have an allowable range between 0 and 255 seconds in one- second increments.
2) Local Intersection Operation: The local coordination program during coordinated operation shall automatically recall the coordinated phases. During coordinated operation, it shall be possible to place a maximum recall on any combination of phases. It shall also be possible to cause phase 1 and/or 5 to be recalled if, and only if, they are also selected as a lag phase for the current coordination plan. The recall condition during coordination shall be the result of the logical OR of normal operator set recalls, time of day function recalls, and coordination recall.
The non-coordinated phases shall operate fully actuated, unless programmed for recall, for both vehicles and pedestrians except as restricted by force-offs. Demand on a non-coordinated phase shall be served in the normal phase sequence. A non-coordinated phase shall be served as long as demand is present or until forced off or the maximum timer expires. Any non-coordinated phase without demand shall be skipped, and any time in a cycle not used by the non-coordinated phases, shall be added to the coordinated phases.
City of Marysville Special Provisions 5TH STREET REHABILITATION
It shall be possible, during coordination, to select whether or not to automatically recall the synchronization phase(s) pedestrian timing.
Rest in Walk shall also be operator selectable during coordination. 3) Manual Operation: The local coordination program shall provide for manual selection of signal control plans. Manual control shall have priority over remote master or time base coordination. 4) Remote Master: The local coordination program shall provide coordinated operation based on commands received via the interconnect circuit (7-wire or modem) from a remote master controller.
The system synchronization point shall be determined from the momentary de-energization of the currently effective Offset input. If all offset lines remain off for more than an operator set period, the controller shall assume an interconnect problem and shall revert to time base coordination at the end of the current signal cycle.
5) Time Base Coordination: The local coordination program shall provide coordinated operation based on an accurate measure of time, without the use of an interconnect circuit. There shall be two types of Time Base Coordination methods provided and shall be operator selectable between (1) “syncing” to one of 9 continuous cycle timers referenced to a settable time of day or (2) “syncing” at the time of day a new cycle is implemented. Time Base Coordination shall generate a system synchronization pulse and control plan selection commands.
A program clock shall be capable of selecting specific control plans by time of day. Sixteen times of day (events) shall be programmable by the operator to change the operating control plan. The events shall be capable of being implemented on any, all, or any combination of days of the week.
When viewing or setting each time of day event, the hour, minute, days of week and effective control plan shall be simultaneously displayed on the controller unit front panel.
6) Offset: The offset shall establish a time relationship between the local cycle timer and the master cycle timer to provide a progression of traffic flow through the system. The offset shall be measured, in seconds, from the system synchronization point (master zero) and the local yield point (local zero).
Smooth offset transition shall be provided such that the cycle length will be shortened to not less than an operator set minimum if the new offset can be reached in one cycle. Otherwise, the cycle shall be City of Marysville Special Provisions 5TH STREET REHABILITATION
increased to not more than an operator set maximum until the proper offset is reached.
7) Permissive Period: The local controller shall utilize a permissive period to answer demands which were not present at the yield point. The permissive period shall be the amount of time, in seconds, following the yield point during which the controller may leave the synchronization phase(s) to serve a demand.
l. Operator Interface: The phase timing parameters (Walk, Yellow, etc.) and their front panel display codes shall be identical with the abovereferenced local intersection program with the following enhancements:
1) It shall be possible; to display the preceding or next INTERVAL or PHASE with a single keystroke.
2) When viewing or changing flags by phase on the CALL/ ACTIVE lights (FORCE-OFF, HOLD, etc.), the current time on the background cycle timer shall be displayed in the TIMING/DATA window. m. Master Controller Capability: When directed by the operator, the program shall output Dial and Offset information to the auxiliary output file in a Model 332 cabinet and/or to an internal Model 400 modem, at 1200 baud. The Dial and Offset shall be determined from the Time Base Coordination event table.
Additionally, it shall be possible to generate a synchronization pulse based on the Yellow signal indication of a selected phase or phases. The pulse shall be capable of being utilized by a controller at an adjacent intersection. n. Intersection Flash: The program shall cause the intersection to FLASH by MANUAL, REMOTE MASTER, or local Time of Day command. o. Continuous Memory Monitor: The RAM and EPROM memories shall be continuously checked to determine if a memory failure has occurred. If a failure is detected, the watchdog output is interrupted.
p. Pretimed Operation: This operator selectable feature will put vehicle and ped calls to permitted phases and assigned ped phases when coordinated.
The splits will be regulated by internally set force-off points. The pedestrian clearance time will always remain constant.
q. Installation: This software shall be installed by qualified personnel of the software supplier in the controllers at the intersections specified to receive the modems.
18.21 Optical Detector System – Optical Detector System will include the following:
City of Marysville Special Provisions 5TH STREET REHABILITATION
a. Optical Detectors will be by 3M or City-approved equal. b. Optical Detector Cable-Will be by 3M, Detector Cable 138 or City-approved equal. c. Phase Selector – Phase Selector equipment will be 3M or City-approved equal.
18.22 Audible Pedestrian Signals – In addition to standard pedestrian signal shown on the Plans, the Contractor shall supply and install audible pedestrian signals.
One audible pedestrian signal unit shall be supplied and installed for each standard pedestrian signal head installed as shown on the Plans. Audible pedestrian signal units shall be U.S. Traffic Corporation Model APS-10 or approved equal. U.S. Traffic Corporation may be reached at (800) 733-7872. Unit output volume shall be field adjustable and shall be capable of output of not less that 90 db at 1 watt / 1 meter. Units shall be capable of automatic self-adjustment of output volume depending on ambient noise conditions. The type of signal output shall be field-selectable, with each unit capable of emitting both a “cuckoo” signal and a “peep-peep” signal.
Each audible pedestrian signal unit shall be mounted on top of the associated standard pedestrian signal head with the face of the unit tipped downward such that it is directed toward a point five feet (5’) above the roadway surface in the center of the crosswalk at the edge of pavement at the opposite end of the associated crosswalk.
Mounting of audible pedestrian signal units shall conform to the manufacturer's recommendations and as directed by the Engineer. The audible pedestrian signals shall be programmed to emit a “cuckoo” signal on north-south crosswalks and a “peep-peep” signal on east-west crosswalks.
18.23 Battery Backup System – Electrical service shall conform to the provisions in Section 86-2.11, “Service,” of the Standard Specifications and these Special Provisions.
New Type IIIAF service cabinets shall be fabricated from aluminum and shall be Tesco Model 27-22BBS with integrated battery backup system.
All circuit breakers shall be mounted vertically with the up position of the handle being the “ON” position.
The barrier-type terminal block shall be excluded from the service cabinet.
18.24 Payment – The contact lump sum price paid for “Traffic Signal Work” shall include full compensation for furnishing and installing the necessary pull boxes, conduit, conductors, lead-in cable service pedestals, controller, and cabinet, service pedestal and meter, traffic signals, modem, local intersection program (software), and all signs attached to Traffic Signals, interconnect cable, temporary signal equipment and all the work involved in the signal installation as shown on the plans and directed by the Engineer and specified herein and no additional compensation will be allowed therefore.
City of Marysville Special Provisions 5TH STREET REHABILITATION
18.25 Rectangular Rapid Flashing Beacon System – The Rectangular Rapid Flashing Beacon (RRFB) assembly shall be a button actuated system, and shall conform to the applicable provisions of Section 87-7, “Flashing Beacon Systems,” of the Standard Specifications and comply with the requirements found in the FHWA Memorandum 1A- 21, Interim Approval for Optional Use of Rectangular Rapid Flashing Beacons. The system shall be self-contained and power with wireless communication between poles.
All components of the RRFB assembly shall be produced by the same manufacturer. This includes, but is not limited to, button-actuated LED flashers, RRFB control assembly, pedestrian push buttons, and pedestrian crossing signs. RRFB systems shall be measured and paid for as one complete installed system in operable condition including foundations, poles, LED flashers, wiring, conduit, pull boxes, and associated equipment, complete in place.
Full compensation for furnishing all labor, materials, tools equipment and incidentals and for doing all related work for the RRFB installation complete in place as shown on the Plans and as directed by the Engineer shall be considered included in the contract lump sum price paid for the RRFB system installation.
City of Marysville Special Provisions 5TH STREET REHABILITATION
SECTION 19
STORM WATER QUALITY CONTROL
19.1 General
The 1972 amendments to the Federal Water Pollution Control Act established the National Pollutant Discharge Elimination System (NPDES) permit program to control discharges of pollutants from point sources. The 1987 amendments to the Clean Water Act (CWA) created a new section of the CWA devoted to storm water permitting (Section 402(p)). The EPA has delegated permitting authority to the State Water Resources Control Board (SWRCB). The SWRCB issues both general and individual permits.
Construction activities are regulated under the NPDES General Permit for Storm Water Discharges Associated with Construction Activity (General Permit) provided the total amount of ground disturbance during construction is greater than or equal to 1 (one) acre.
The appropriate Regional Water Quality Control Board (RWQCB) enforces the General Permit. Coverage under a General Permit requires the submission of a Notice of Intent (NOI) with the appropriate fee, annual compliance reports, a Notice of Termination (NOT) and preparation of a storm water pollution prevention plan (SWPPP).
Construction activity includes, but is not limited to: clearing, grading, demolition, excavation, construction of new structures, pipelines and reconstruction of existing facilities involving removal and replacement that results in soil disturbance. This includes construction access roads, staging areas, storage areas, stockpiles, and any off-site areas which receive run-off from the construction project such as discharge points into a receiving water.
While the Owner will be responsible to the RWQCB for causing the preparation of and compliance with the various management plans called for in the permit, the Owner will require the Contractor to provide the detail planning and compliance activities required insofar as they would potentially affect the Contractor's methods and means of performing the Work.
If a violation of the permit is due to the Contractor's actions or inactions and a fine is assessed, the Contractor shall be responsible for the fine.
A copy of the Fact Sheet for the General Permit, the General Permit, and the NOI, are available on the SWRCB website at:
http://www.swrcb.ca.gov/water_issues/programs/stormwater/.
19.2 Contractor’s Responsibilities
The Contractor shall comply with the SWRCB, RWQCB, County, City, and other local agency requirements regarding storm-water management, inspection, and monitoring.
The Contractor shall be responsible for meeting the requirements of the General Permit except as specifically noted below. The Contractor shall prepare the following documents in accordance with the General Permit and submit them to the Owner as City of Marysville Special Provisions 5TH STREET REHABILITATION
follows:
Provide information to the Construction Manager as necessary to complete the NOI.
Provide a Qualified SWPPP Developer to prepare and submit the SWPPP for Owner review at least 30 days prior to any soil disturbing construction in accordance with the General Permit. The Plan shall follow the format presented in the California Storm Water Best Management Practices (BMP) Handbook - Construction Activity volume, available from the Blue Print Service, 1700 Jefferson Street, Oakland, California 94612. The plan must address all areas outside of the Project site that are disturbed by Contractor for the prosecution of the Work.
Provide a Qualified SWPPP Practitioner to install, construct, implement, monitor, maintain and remove upon completion all of the BMP’s and other pollution prevention measures in accordance with the General Permit.
Prepare the annual compliance report and submit to the Owner prior to review as required by Section B, Item 4. – Compliance Certification of the General Permit.
Prepare all inspection and monitoring reports in accordance with Section B, items 3 through 6 of the General Permit and submitting them to the Owner for review.
Prepare NOI for Construction Manager and Owner review. The Owner will file the NOI, however, the Contractor shall certify the NOI.
Provide evidence to the Construction Manager that the individual responsible for the SWPPP preparation, implementation, and permit compliance has been appropriately trained and has attended training and/or workshops offered by the SWRCB, RWQCB, or other locally recognized agencies or professional organizations in accordance with Section A, item 12. – Training of the General Permit. All workers on-site shall, at a minimum, have received training from the responsible individual.
Contractor shall provide the Construction Manager the names and 24-hour phone numbers for parties responsible for implementing, monitoring, inspecting and maintaining the SWPPP.
All documents prepared by the Contractor shall be routed through the Owner, via the Construction Manager, for submission to the RWQCB.
Contractor shall be bound to the conditions on the Notice of Intent (NOI) that will be filed by Owner and will be responsible for all costs associated with the implementation of the Plan including all fines, damages and job delays incurred due to failure to implement the requirements of the Permit.
Contractor shall maintain a copy of the NOI, Plan and Permit at the Project Site at all times, and shall make the Plan available to Owner, Construction Manager, and the State Water Quality Control Board during construction activities. Contractor shall allow authorized agents of the Water Quality Control Board, State Water Resources Control Board, U.S. Environmental Protection Agency, and local storm water management personnel upon the presentation of credentials and other documents as may be required City of Marysville Special Provisions 5TH STREET REHABILITATION
by Laws and Regulations to accomplish the following.
A. Enter, at reasonable times, upon the construction site and Contractor’s facilities pertinent to the Work.
B. Have access to and copy, at reasonable times, any records that must be kept as specified in the permit.
C. Inspect, at reasonable times, the construction site and related erosion and sediment control measures.
D. Sample or monitor, at reasonable times, for the purpose of ensuring compliance with the Permit.
E. Contractor shall notify the Construction Manager immediately following a request from any regulatory agency to enter, inspect, sample, monitor or otherwise access the Project Site or its records.
The Contractor shall be responsible for taking the proper actions to prevent stormwater coming into contact with contaminants and sediments from migrating offsite or entering storm sewer drainage systems. The Contractor shall take immediate action if directed by the Construction Manager or if the Contractor observes contaminants and/or sediments entering the storm drainage system, to prevent further storm-water from entering the system.
The Contractor shall update the SWPPP whenever there is a change in construction or operations which may affect the discharge of pollutants to storm water.
The Contractor shall file the Notice of Termination Form (NOT) and the Contractor’s post-construction BMP’s plan when all portions of the site have been transferred to the Owner upon Final Acceptance of the Work.
19.3 Owner Responsibilities
The Owner shall be responsible for the following:
File the Notice of Intent (NOI) that has been prepared and certified by the Contractor.
Furnish the Contractor with base maps of a suitable scale in order to satisfy the requirements of Section A, items 5 through 10 of the General Permit.
The Owner will submit to the RWQCB an annual summary report and pay the associated fee. This annual summary report will require the submission of the annual certification and update as required in Contractor’s responsibilities above.
Furnish text and calculations for Section A, item 10. – Post-Construction Storm Water Management of the General Permit.
Signatory responsibility as defined in Section C, item 9. a. – Signatory Requirements of the General Permit.
City of Marysville Special Provisions 5TH STREET REHABILITATION
19.4 Payment – The contract, lump sum price, paid for the bid item: “Prepare SWPPP, File NOI, File NOT, and SMARTS database reporting for the project”, includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved for furnishing, placing, maintaining, and removing erosion control, and developing and implementing the SWPPP, providing a Water Pollution Control manager, conducting water pollution control training, performing project monitoring and inspections, correcting water pollution control practices, filing a Notice of Intent and filing a Notice of Termination as shown on the plans, inputting and managing the SMARTS database for the project as specified in the Standard Specifications and these special provisions, and as directed by the Engineer.
The City pays you to prepare water pollution control program as follows:
1. A total of 70 percent of the item total upon approval of the SWPPP and NOI receipt letter
2. A total of 100 percent of the item total upon Final Payment The annual permit fee(s) shall be paid by the City.
The City will not pay for erosion and sediment control items that are required due to the Contractor’s negligence, carelessness, failure to properly install controls, or failure to abide by the provisions of the SWPPP, the Standard Specifications and these Special Provisions. The Contractor shall install such work at no expense to the City.
All penalties from regulatory agencies attributable to the Contractor as a result of the Contractor’s negligence, carelessness, failure to properly install controls, or failure to abide by the provisions of the SWPPP, the Standard Specifications and the Special Provisions shall be paid at the Contractor’s sole expense.
City of Marysville Special Provisions 5TH STREET REHABILITATION