1 CONSTRUCTION CONTRACT
BOB HART SQUARE EXPANSION – PROJECT NO. CP220073
1. Parties and Date.
This Contract is made and entered into this ________________ day of ___________, ____________ by and between the City of Merced, a California Charter Municipal Corporation of the State of California (“City”) and American Paving Co., a California Corporation with its principal place of business at 525 W. Alluvial Ave, Fresno, CA 93711 (“Contractor”). City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Contract.
2. Recitals.
2.1 City. City is a California Charter Municipal Corporation organized under the laws of the State of California, with power to contract for services necessary to achieve its purpose.
2.2 Contractor. Contractor desires to perform and assume responsibility for the provision of certain construction services required by the City on the terms and conditions set forth in this Contract. Contractor represents that it is duly licensed and experienced in providing services such as construction of the expansion of Bob Hart Square on the south side to include a new outdoor plaza with a stage, bench seating, concrete arch, and brick. These improvements include water main replacement, new storm drain and inlets, landscaping, lighting, and electrical upgrades. The following license classifications are required for this Project: Class A
2.3 Project. City desires to engage Contractor to render such services for the Bob Hart Square Expansion – Project No. CP220073 as set forth in this Contract.
2.4 Project Documents & Certifications . Contractor has obtained, and delivers concurrently herewith, a performance bond, a payment bond, and all insurance documentation, as required by the Contract.
3. Terms
3.1 Incorporation of Documents. This Contract includes and hereby incorporates in full by reference the following documents, including all exhibits, drawings, specifications and documents therein, and attachments and addenda thereto:
• Services/Schedule (Exhibit “A”)
• Plans and Specifications (Exhibit “B”)
• Special Conditions (Exhibit “C”)
• Contractor’s Certificate Regarding Workers’ Compensation (Exhibit “D”) • Public Works Contractor Registration Certification (Exhibit “E”) • Payment and Performance Bonds (Exhibit “F”)
• Addenda
• Change Orders executed by the City
Attachment 3
2 • Latest Edition of the Standard Specifications for Public Works Construction (Green Book), Excluding Sections 1-9
• Notice Inviting Bids if any
• Instructions to Bidders if any
• Contractor’s Bid
3.2 Contractor’s Basic Obligation; Scope of Work. Contractor promises and agrees, at its own cost and expense, to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to complete the Project fully and adequately, including all structures and facilities necessary for the Project or described in the Contract (hereinafter sometimes referred to as the “Work”), for a Total Contract Price as specified pursuant to this Contract. All Work shall be subject to, and performed in accordance with the above referenced documents, as well as the exhibits attached hereto and incorporated herein by reference. The plans and specifications for the Work are further described in Exhibit “B” attached hereto and incorporated herein by this reference. Special Conditions, if any, relating to the Work are described in Exhibit “C” attached hereto and incorporated herein by this reference.
3.2.1 Change in Scope of Work. Any change in the scope of the Work, method of performance, nature of materials or price thereof, or any other matter materially affecting the performance or nature of the Work shall not be paid for or accepted unless such change, addition or deletion is approved in writing by a valid change order executed by the City. Should Contractor request a change order due to unforeseen circumstances affecting the performance of the Work, such request shall be made within five (5) business days of the date such circumstances are discovered or shall waive its right to request a change order due to such circumstances. If the Parties cannot agree on any change in price required by such change in the Work, the City may direct the Contractor to proceed with the performance of the change on a time and materials basis.
3.2.2 Substitutions/“Or Equal”. Pursuant to Public Contract Code Section 3400(b), the City may make a finding that designates certain products, things, or services by specific brand or trade name. Unless specifically designated in this Contract, whenever any material, process, or article is indicated or specified by grade, patent, or proprietary name or by name of manufacturer, such Specifications shall be deemed to be used for the purpose of facilitating the description of the material, process or article desired and shall be deemed to be followed by the words “or equal.”
Contractor may, unless otherwise stated, offer for substitution any material, process or article which shall be substantially equal or better in every respect to that so indicated or specified in this Contract. However, the City may have adopted certain uniform standards for certain materials, processes and articles. Contractor shall submit requests, together with substantiating data, for substitution of any “or equal” material, process, or article no later than thirty-five (35) days after award of the Contract. To facilitate the construction schedule and sequencing, some requests may need to be submitted before thirty-five (35) days after award of Contract. Provisions regarding submission of “or equal” requests shall not in any way authorize an extension of time for performance of this Contract. If a proposed “or equal” substitution request is rejected, Contractor shall be responsible for providing the specified material, process, or article. The burden of proof as to the equality of any material, process or article shall rest with Contractor.
The City has the complete and sole discretion to determine if a material, process, or article is an “or equal” material, process or article that may be substituted. Data required to substantiate requests for substitutions of an “or equal” material, process or article data shall include a signed affidavit from Contractor stating that, and describing how, the substituted “or equal”
3 material, process or article is equivalent to that specified in every way except as listed on the affidavit. Substantiating data shall include any and all illustrations, specifications, and other relevant data including catalog information which describes the requested substituted “or equal” material, process or article, and substantiates that it is an “or equal” to the material, process or article. The substantiating data must also include information regarding the durability and lifecycle cost of the requested substituted “or equal” material, process, or article. Failure to submit all the required substantiating data, including the signed affidavit, to the City in a timely fashion will result in the rejection of the proposed substitution.
Contractor shall bear all of the City’s costs associated with the review of substitution requests. Contractor shall be responsible for all costs related to a substituted “or equal” material, process, or article. Contractor is directed to the Special Conditions (if any) to review any findings made pursuant to Public Contract Code section 3400.
3.3 Period of Performance and Liquidated Damages . Contractor shall perform and complete all Work under this Contract within 45 working days, beginning the effective date of the Notice to Proceed (“Contract Time”). Contractor shall perform its Work in strict accordance with any completion schedule, construction schedule or project milestones developed by the City. Such schedules or milestones may be included as part of Exhibits “A” or “B” attached hereto or may be provided separately in writing to Contractor. Contractor agrees that if such Work is not completed within the aforementioned Contract Time and/or pursuant to any such completion schedule, construction schedule or project milestones developed pursuant to provisions of the Contract, it is understood, acknowledged and agreed that the City will suffer damage. Pursuant to Government Code Section 53069.85, Contractor shall pay to the City as fixed and liquidated damages the sum of $4,200 per day for each and every calendar day of delay beyond the Contract Time or beyond any completion schedule, construction schedule or Project milestones established pursuant to the Contract.
3.4 Standard of Performance; Performance of Employees. Contractor shall perform all Work under this Contract in a skillful and workmanlike manner, and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Contractor represents and maintains that it is skilled in the professional calling necessary to perform the Work. Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them. Finally, Contractor represents that it, its employees, and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Work, including any required business license, and that such licenses a nd approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Contractor shall perform, at its own cost and expense and without reimbursement from the City, any work necessary to correct errors or omissions which are caused by Contractor’s failure to comply with the standard of care provided for herein. Any employee who is determined by the City to be uncooperative, incompetent, a threat to the safety of persons or the Work, or any employee who fails or refuses to perform the Work in a manner acceptable to the City, shall be promptly removed from the Project by Contractor and shall not be re-employed on the Work.
3.5 Control and Payment of Subordinates; Contractual Relationship . City retains Contractor on an independent contractor basis and Contractor is not an employee of City. Any additional personnel performing the work governed by this Contract on behalf of Contractor shall at all times be under Contractor’s exclusive direct ion and control. Contractor shall pay all wages, salaries, and other amounts due such personnel in connection with their performance under this Contract and as required by law. Contractor shall be responsible for all reports and obligations
4 respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, and workers’ compensation insurance.
3.6 City’s Basic Obligation. City agrees to engage and does hereby engage Contractor as an independent contractor to furnish all materials and to perform all Work according to the terms and conditions herein contained for the sum set forth above. Except as otherwise provided in the Contract, the City shall pay to Contractor, as full consideration for the satisfactory performance by Contractor of the services and obligations required by this Contract, the below -referenced compensation in accordance with compensation provisions set forth in the Contract.
3.7 Compensation and Payment.
3.7.1 Amount of Compensation. As consideration for performance of the Work required herein, City agrees to pay Contractor the Total Contract Price of three million four hundred eighteen thousand five hundred and two Dollars and sixty cents ($3,418,502.60) (“Total Contract Price”) provided that such amount shall be subject to adjustment pursuant to the applicable terms of this Contract or written change orders approved and signed in advance by the City.
3.7.2 Payment of Compensation. If the Work is scheduled for completion in thirty (30) or less calendar days, City will arrange for payment of the Total Contract Price upon completion and approval by City of the Work. If the Work is scheduled for completion in more than thirty (30) calendar days, City will pay Contractor on a monthly basis as provided for herein. On or before the fifth (5th) day of each month, Contractor shall submit to the City an itemized application for payment in the format supplied by the City indicating the amount of Work completed since commencement of the Work or since the last progress payment. These applications shall be supported by evidence which is required by this Contract and such other documentation as the City may require. The Contractor shall certify that the Work for which payment is requested has been done and that the materials listed are stored where indicated. Contractor may be required to furnish a detailed schedule of values upon request of the City and in such detail and form as the City shall request, showing the quantities, unit prices, overhead, profit, and all other expenses involved in order to provide a basis for determining the amount of progress payments.
3.7.3 Prompt Payment. City shall review and pay all progress payment requests in accordance with the provisions set forth in Section 20104.50 of the California Public Contract Code. However, no progress payments will be made for Work not completed in accordance with this Contract. Contractor shall comply with all applicable laws, rules and regulations relating to the proper payment of its employees, subcontractors, suppliers, or others.
3.7.4 Contract Retentions. From each approved progress estimate, five percent (5%) will be deducted and retained by the City, and the remainder will be paid to Contractor. All Contract retention shall be released and paid to Contractor and subcontractors pursuant to California Public Contract Code Section 7107.
3.7.5 Other Retentions. In addition to Contract retentions, the City may deduct from each progress payment an amount necessary to protect City from loss because of: (1) liquidated damages which have accrued as of the date of the application for payment; (2) any sums expended by the City in performing any of Contractor’s obligations under the Contract which Contractor has failed to perform or has performed inadequately; (3) defective Work not remedied; (4) stop notices as allowed by state law; (5) reasonable doubt that the Work can be completed for the unpaid balance of the Total Contract Price or within the schedu led completion date; (6) unsatisfactory prosecution of the Work by Contractor; (7) unauthorized deviations from the Contract;
5 (8) failure of Contractor to maintain or submit on a timely basis proper and sufficient documentation as required by the Contract or by City during the prosecution of the Work; (9) erroneous or false estimates by Contractor of the value of the Work performed; (10) any sums representing expenses, losses, or damages as determined by the City, incurred by the City for which Contractor is liable under the Contract; and (11) any other sums which the City is entitled to recover from Contractor under the terms of the Contract or pursuant to state law, including Section 1727 of the California Labor Code. The failure by the City to deduct any of these sums from a progress payment shall not constitute a waiver of the City’s right to such sums.
3.7.6 Substitutions for Contract Retentions. In accordance with California Public Contract Code Section 22300, the City will permit the substitution of securities for any monies withheld by the City to ensure performance under the Contract. At the request and expense of Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a state or federally chartered bank in California as the escrow agent, and thereafter the City shall then pay such monies to Contractor as they come due. Upon satisfactory completion of the Contract, the securities shall be returned to Contractor. For purposes of this Section and Section 22300 of the Public Contract Code, the term “satisfactory completion of the contract” shall mean the time the City has issued written final acceptance of the Work and filed a Notice of Completion as required by law and provisions of this Contract. Contractor shall be the beneficial owner of any securities substituted for monies withheld and shall receive any interest thereon. The escrow agreement used for the purposes of this Section shall be in the form provided by the City.
3.7.7 Title to Work. As security for partial, progress, or other payments, title to Work for which such payments are made shall pass to the City at the time of payment. To the extent that title has not previously been vested in the City by reason of payments, full title shall pass to the City at delivery of the Work at the destination and time specified in this Contract. Such transferred title shall in each case be good, free and clear from any and all security interests, liens, or other encumbrances. Contractor promises and agrees that it will not pledge, hypothecate, or otherwise encumber the items in any manner that would result in any lien, security interest, charge, or claim upon or against said items. Such transfer of title shall not imply acceptance by the City, nor relieve Contractor from the responsibility to strictly comply with the Contract and shall not relieve Contractor of responsibility for any loss of or damage to items.
3.7.8 Labor and Material Releases. Contractor shall furnish City with labor an d material releases from all subcontractors performing work on, or furnishing materials for, the Work governed by this Contract prior to final payment by City.
3.7.9 Prevailing Wages. Contractor is aware of the requirements of California Labor Code Section 1720 et seq., and 1770 et seq., as well as California Code of Regulations, Title 8, Section 16000 et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “public works” and “main tenance” projects.
Since the Services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and since the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. City shall provide Contractor with a copy of the prevailing rates of per diem wages in effect at the commencement of this Contract upon request. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request and shall post copies at Contractor’s principal place of business and at the project site. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. Contractor and any subcontractor shall forfeit a penalty
6 of up to $200 per calendar day or portion thereof for each worker paid less than the prevailing wage rates.
3.7.10 Apprenticeable Crafts . When Contractor employs workmen in an apprenticeable craft or trade, Contractor shall comply with the provisions of Section 1777.5 of the California Labor Code with respect to the employment of properly registered apprentices upon public works. The primary responsibility for compliance with said section for all apprenticeable occupations shall be with Contractor. The Contractor or any subcontractor that is determined by the Labor Commissioner to have knowingly violated Section 1777.5 shall forfeit as a civil penalty an amount not exceeding $100 for each full calendar day of noncompliance, or such greater amount as provided by law.
3.7.11 Hours of Work. Contractor is advised that eight (8) hours labor constitutes a legal day’s work. Pursuant to Section 1813 of the California Labor Code, Contractor shall forfeit a penalty of $25.00 per worker for each day that each worker is permitted to work more than eight (8) hours in any one calendar day and forty (40) hours in any one calendar week, except when payment for overtime is made at not less than one and one-half (1-1/2) times the basic rate for that worker.
3.7.12 Payroll Records. Contractor and each subcontractor shall keep an accurate payroll record, showing the name, address, social security nu mber, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman , apprentice, worker, or other employee employed by him or her in connection with the public work. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of Contractor in the manner pro vided in Labor Code section 1776. In the event of noncompliance with the requirements of this section, Contractor shall have 10 days in which to comply subsequent to receipt of written notice specifying in what respects such Contractor must comply with th is section. Should noncompliance still be evident after such 10-day period, Contractor shall, as a penalty to City, forfeit not more than $100.00 for each calendar day or portion thereof, for each worker, until strict compliance is effectuated. The amount of the forfeiture is to be determined by the Labor Commissioner. A contractor who is found to have violated the provisions of law regarding wages on Public Works with the intent to defraud shall be ineligible to bid on Public Works contracts for a period of one to three years as determined by the Labor Commissioner. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, such penalties shall be withheld from progress payments then due. The responsibility for compliance with this section is on Contractor. The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursu ant to the small project exemption specified in Labor Code Section 1771.4.
3.7.13 Contractor and Subcontractor Registration . Pursuant to Labor Code sections 1725.5 and 1771.1, all contractors and subcontractors that wish to bid on, be listed in a bid proposal, or enter into a contract to perform public work must be registered with the Department of Industrial Relations. No bid will be accepted, nor any contract entered into without proof of the contractor’s and subcontractors’ current registration with the Department of Industrial Relations to perform public work. Contractor is directed to review, fill out and execute the Public Works
7 Contractor Registration Certification attached hereto as Exhibit “E” prior to contract execution.
Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 a nd 1771.1.
3.7.14 Labor Compliance; Stop Orders . This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be the Contractor’s sole responsibility to evaluate and pay the cost of complying with all labor compliance requirements under this Contract and applicable law. Any stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor that affect Contractor’s performance of Work, including any delay, shall be Contractor’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Contractor caused delay subject to any applicable liquidated damages and shall not be compensable by the City. Contractor shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Contractor or any subcontractor.
3.8 Performance of Work; Jobsite Obligations.
3.8.1 Water Quality Management and Compliance.
3.8.1.1 Water Quality Management and Compliance. Contractor shall keep itself and all subcontractors, staff, and employees fully informed of and in compliance with all local, state and federal laws, rules and regulations that may impact, or be implicated by the performance of the Work including, without limitation, all applicable provisions of the Federal Water Pollution Control Act (33 U.S.C. §§ 1300 ); the California Porter -Cologne Water Quality Control Act (Cal Water Code §§ 13000 -14950); local ordinances regulating discharges of storm water; and any and all regulations, policies, or permits issued pursuant to any such authority regulating the discharge of pollutants, as that term is used in the Porter -Cologne Water Quality Control Act, to any ground or surface water in the State.
3.8.1.2 Compliance with the Statewide Construction General Permit. Contractor shall comply with all conditions of the mos t recent iteration of the National Pollutant Discharge Elimination System General Permit for Storm Water Discharges Associated with Construction Activity, issued by the California State Water Resources Control Board (“Permit”). It shall be Contractor’s sole responsibility to file a Notice of Intent and procure coverage under the Permit for all construction activity which results in the disturbance of more than one acre of total land area, or which is part of a larger common area of development or sale. Prior to initiating work, Contractor shall be solely responsible for preparing and implementing a Storm Water Pollution Prevention Plan (SWPPP) as required by the Permit. Contractor shall be responsible for procuring, implementing and complying with the provisions of the Permit and the SWPPP, including the standard provisions, and monitoring and reporting requirements as required by the Permit. The Permit requires the SWPPP to be a “living document” that changes as necessary to meet the conditions and requir ements of the job site as it progresses through difference phases of construction and is subject to different weather conditions. It shall be Contractor’s sole responsibility to update the SWPPP as necessary to address conditions at the project site.
3.8.1.3 Other Water Quality Rules Regulations and Policies.
Contractor shall comply with the lawful requirements of any applicable municipality, drainage City,
8 or local agency regarding discharges of storm water to separate storm drain systems or other watercourses under their jurisdiction, including applicable requirements in municipal storm water management programs.
3.8.1.4 Cost of Compliance. Storm, surface, nuisance, or other waters may be encountered at various times during construction of The Work. Th erefore, the Contractor, by submitting a Bid, hereby acknowledges that it has investigated the risk arising from such waters, has prepared its Bid accordingly, and assumes any and all risks and liabilities arising therefrom.
3.8.1.5 Liability for Non -Compliance. Failure to comply with the Permit is a violation of federal and state law. Pursuant to the indemnification provisions of this Contract, Contractor hereby agrees to defend, indemnify and hold harmless the City and its officials, officers, employees, volunteers and agents for any alleged violations. In addition, City may seek damages from Contractor for any delay in completing the Work in accordance with the Contract, if such delay is caused by or related to Contractor’s failure to comply with the Permit.
3.8.1.6 Reservation of Right to Defend. City reserves the right to defend any enforcement action brought against the City for Contractor’s failure to comply with the Permit or any other relevant water quality law, regulation, or policy. Pursuant t o the indemnification provisions of this Contract, Contractor hereby agrees to be bound by, and to reimburse the City for the costs (including the City’s attorney’s fees) associated with, any settlement reached between the City and the relevant enforcement entity.
3.8.1.7 Training. In addition to the standard of performance requirements set forth in paragraph 3.4, Contractor warrants that all employees and subcontractors shall have sufficient skill and experience to perform the Work assigned to them without impacting water quality in violation of the laws, regulations and policies described in paragraph 3.8.1. Contractor further warrants that it, its employees and subcontractors will receive adequate training, as determined by City, regarding the requirements of the laws, regulations and policies described in paragraph 3.8.1 as they may relate to the Work provided under this Agreement. Upon request, City will provide the Contractor with a list of training programs that meet the requirements of this paragraph.
3.8.2 Safety. Contractor shall execute and maintain its work so as to avoid injury or damage to any person or property. Contractor shall comply with the requirements of the specifications relating to safety measures applicable in particular operations or kinds of work. In carrying out its Work, Contractor shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the Work and the conditions under which the Work is to be performed. Safety precautions as applicable shall include, but shall not be limited to, adequate life protection and lifesaving equipment; adequate illumination for underground and nig ht operations; instructions in accident prevention for all employees, such as machinery guards, safe walkways, scaffolds, ladders, bridges, gang planks, confined space procedures, trenching and shoring, fall protection and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and adequate facilities for the proper inspection and maintenance of all safety measures. Furthermore, Contractor shall prominently display the names and telephone numbers of at least two medical doctors practicing in the vicinity of the Project, as well as the telephone number of the local ambulance service, adjacent to all telephones at the Project site.
9 3.8.3 Laws and Regulations. Contractor shall keep itself fully informed of and in compliance with all local, state, and federal laws, rules and regulations in any manner affecting the performance of the Contract or the Work, including all Cal/OSHA requirements, and shall give all notices required by law. Contractor shall be liable for all violations of such laws and regulations in connection with Work. If Contractor observes that the drawings or specifications are at variance with any law, rule, or regulation, it shall promptly notify the City in writing. Any necessary changes shall be made by written change order. If Contractor performs any work knowing it to be contrary to such laws, rules, and regulations and without giving written notice to the City, Contractor shall be solely responsible for all costs arising therefrom. City is a public entity of the State of C alifornia subject to certain provisions of the Health & Safety Code, Government Code, Public Contract Code, and Labor Code of the State. It is stipulated and agreed that all provisions of the law applicable to the public contracts of a municipality are a part of this Contract to the same extent as though set forth herein and will be complied with. Contractor shall defend, indemnify, and hold City, its officials, officers, employees, and agents free and harmless, pursuant to the indemnification provisions of this Contract, from any claim or liability arising out of any failure or alleged failure to comply with such laws, rules or regulations.
3.8.4 Permits and Licenses. Contractor shall be responsible for securing City permits and licenses necessary to perform the Work described herein, including, but not limited to, any required business license. While Contractor will not be charged a fee for any City permits, Contractor shall pay the City’s business license fee, if any. Any ineligible contractor or subcontractor pursuant to Labor Code Sections 1777.1 and 1777.7 may not perform work on this Project.
3.8.5 Trenching Work. If the Total Contract Price exceeds $25,000 and if the Work governed by this Contract entails excavation of any trench or trenches five (5) feet or more in depth, Contractor shall comply with all applicable provisions of the California Labor Code, including Section 6705. To this end, Contractor shall submit for City’s review and approval a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer.
3.8.6 Hazardous Materials and Differing Conditions . As required by California Public Contract Code Section 7104, if this Contract involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, Contractor shall promptly, and prior to disturbance of any conditions, notify City of: (1) any material discovered in excavation that Contractor believes to be a hazardous waste that is required to be removed to a Class I, Class II or Class III disposal site; (2) subsurface or latent physical conditions at the site differing from those indicated by City; and (3) unknown physical conditions of an unusual nature at the site, significantly different from those ordinarily encountered in such contract work. Upon notification, City shall promptly investigate the conditions to determine whether a change order is appropriate. In the event of a dispute, Contractor shall not be excused from any scheduled completion date and shall proceed with all Work to be performed under the Contract but shall retain all rights provided by the Contract or by law for making protests and resolving the dispute.
3.8.7 Underground Utility Facilities. To the extent required by Section 4215 of the California Government Code, City shall compensate Contractor for the costs of: (1) locating and repairing damage to underground utility facilities not caused by the failure of Contractor to exercise reasonable care; (2) removing or relocating underground utility facilities not indicated in the construction drawings; and (3) equipment necessarily idled during such work. Contractor shall not
10 be assessed liquidated damages for delay caused by failure of City to provide for removal or relocation of such utility facilities.
3.8.8 Air Quality. Contractor must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the California Air Resources Board (CARB). Although CARB limits and requirements are broader, Contractor shall specifically be aware of their application to "portable equipment", which definition is considered by CARB to include any item of equipment with a fuel-powered engine. Contractor shall indemnify City against any fines or penalties imposed by CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Contractor, its subcontractors, or others for whom Contractor is responsible under its indemnity obligations provided for in this Agreement.
3.8.9 State Recycling Mandates. Contractor shall comply with State Recycling Mandates. Any recyclable materials/debris collected by the contractor that can be feasibly diverted via reuse or recycling must be hauled by the appropriate handler for reuse or recycling.
3.9 Completion of Work. When Contractor determines that it has completed the Work required herein, Contractor shall so notify City in writing and shall furnish all labor and material releases required by this Contract. City shall thereupon inspect the Work. If the Work is not acceptable to the City, the City shall indicate to Contractor in writing the specific portions or items of Work which are unsatisfactory or incomplete. Once Contractor determines that it has completed the incomplete or unsatisfactory Work, Contractor may request a reinspection by the City. Once the Work is acceptable to City, City shall pay to Contractor the Total Contract Price remaining to be paid, less any amount which City may be authorized or directed by law to retain. Payment of retention proceeds due to Contractor shall be made in accordance with Section 7107 of the California Public Contract Code.
3.10 Claims; Government Code Claim Compliance.
3.10.1 Intent. Effective January 1, 1991, Section 20104 et seq., of the California Public Contract Code prescribes a process utilizing informal conferences, no n-binding judicial supervised mediation, and judicial arbitration to resolve disputes on construction claims of $375,000 or less. Effective January 1, 2017, Section 9204 of the Public Contract Code prescribes a process for negotiation and mediation to resolve disputes on construction claims. The intent of this Section is to implement Sections 20104 et seq. and Section 9204 of the California Public Contract Code.
This Section shall be construed to be consistent with said statutes.
3.10.2 Claims. For purposes of this Section, “Claim” means a separate demand by the Contractor, after a change order duly requested in accordance with the terms of this Contract has been denied by the City, for (A) a time extension, (B) payment of money or damages arising from Work done by or on behalf of the Contractor pursuant to the Contract, or (C) an amount the payment of which is disputed by the City. Claims governed by this Section may not be filed unless and until the Contractor completes all procedures for giving notice of delay or change and for the requesting of a time extension or change order, including but not necessarily limited to the change order procedures contained herein, and Contractor’s request for a change has been denied in whole or in part. Claims governed by this Section must be filed no later than fourteen (14) days after a request for change has been denied in whole or in part or after any other event giving rise to the Claim. The Claim shall be submitted in writing to the City and shall include on its first page the following in 16-point capital font: “THIS IS A CLAIM.” Furthermore, the claim shall include the documents necessary to substantiate the claim. Nothing in this Section is intended to extend the
11 time limit or supersede notice requirements otherwise provided by contract for the filing of claims, including all requirements pertaining to compensation or payment for extra Work, disputed Work, and/or changed conditions. Failure to follow such contractual requirements shall bar any claims or subsequent lawsuits for compensation or payment thereon.
3.10.3 Supporting Documentation. The Contractor shall submit all claims in the following format:
3.10.3.1 Summary of claim merit and price, reference Contract Document provisions pursuant to which the claim is made.
3.10.3.2 List of documents relating to claim:
(A) Specifications
(B) Drawings
(C) Clarifications (Requests for Information)
(D) Schedules
(E) Other
3.10.3.3 Chronology of events and correspondence
3.10.3.4 Analysis of claim merit
3.10.3.5 Analysis of claim cost
3.10.3.6 Time impact analysis in CPM format
3.10.3.7 If Contractor’s claim is based in whole or in part on an allegation of errors or omissions in the Drawings or Specifications for the Project, Contractor shall provide a summary of the percentage of the claim subject to design errors or omissions and shall obtain a certificate of merit in support of the claim of design errors and omissions.
3.10.3.8 Cover letter and certification of validity of the claim, including any claims from subcontractors of any tier, in accordance with Government Code section 12650 et seq.
3.10.4 City’s Response. Upon receipt of a claim pursuant to this Section, City shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the Contractor a written statement identifying what portion of the claim is disputed and what portion is undisputed. Any payment due on an undisputed portion of the claim will be processed and made within 60 days after the public entity issues its written statement.
3.10.4.1 If City needs approval from its governing body to provide the Contractor a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, City shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the Contractor a written statement identifying the disputed portion and the undisputed portion.
12 3.10.4.2 Within 30 days of receipt of a claim, City may request in writing additional documentation supporting the claim or relating to defenses or claims City may have against the Contractor. If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of City and the Contractor.
3.10.4.3 City’s written response to the claim, as further documented, shall be submitted to the Contractor within 30 days (if the claim is less than $50,000, within 15 days) after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.
3.10.5 Meet and Confer. If the Contractor disputes City’s written response, or City fails to respond within the time prescribed, the Contractor may so notify City, in writing, either within 15 days of receipt of City’s response or within 15 days of City’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand, City shall schedule a meet and confer conference within 30 days for settlement of the dispute.
3.10.6 Mediation. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, City shall provide the Contractor a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed. Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after City issues its written statement. Any disputed portion of the claim, as identified by the Contractor in writing, shall be submitted to nonbinding mediation, with City and the Contractor sharing the associated costs equally. City and Contractor shall mutually agree to a mediator within 10 business days after the disputed portion of th e claim has been identified in writing, unless the parties agree to select a mediator at a later time.
3.10.6.1 If the Parties cannot agree upon a mediator, each Party shall select a mediator and those mediators shall select a qualified neutral third part y to mediate with regard to the disputed portion of the claim. Each Party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator.
3.10.6.2 For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the Parties in dispute resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.
3.10.6.3 Unless otherwise agreed to by City and the Contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.
3.10.6.4 The mediation shall be held no earlier than the date the Contractor completes the Work or the date that the Contractor last performs Work, whichever is earlier. All unresolved claims shall be considered jointly in a single mediation, unless a new unrelated claim arises after mediation is completed.
3.10.7 Procedures After Mediation. If following the mediation, the claim or any portion remains in dispute, the Contractor must file a claim pursuant to Chapter 1 (commencing with
13 Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the Contractor submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference or mediation.
3.10.8 Civil Actions. The following procedures are established for all civil actions filed to resolve claims subject to this Section:
3.10.8.1 Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation unless waived by mutual stipulation of both parties or unless mediation was held prior to commencement of the action in accordance with Public Contract Code section 9204 and the terms of these procedures..
The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court.
3.10.8.2 If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1114.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.
3.10.8.3 In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.
3.10.9 Government Code Claims. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Contractor must comply with the claim procedures set forth in Government Code sections 900 et seq. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Contractor. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Contractor shall be barred from bringing and maintaining a valid lawsuit against the City. A Government Code claim must be filed no earlier than the date the work is completed or the date the Contractor last performs work on the Project, whichever occurs first. A Government Code claim shall be inclusive of all unresolved claims unless a new unrelated claim arises after the Government Code claim is submitted.
3.10.10 Non-Waiver. City’s failure to respond to a claim from the Contractor within the time periods described in this Section or to otherwise meet the time requirements of this Section shall result in the claim being deemed rejected in its entirety. City’s failure to respond shall not waive City’s rights to any subsequent procedures for the resolution of disputed claims.
14 3.11 Loss and Damage. Except as may otherwise be limited by law, Contractor shall be responsible for all loss and damage which may arise out of the nature of the Work agreed to herein, or from the action of the elements, or from any unforeseen difficulties which may arise or be encountered in the prosecution of the Work until the same is fully completed and accepted by City.
3.12 Indemnification.
3.12.1 Scope of Indemnity . To the fullest extent permitted by law, Contractor shall defend, indemnify and hold the City, its officials, employees, agents and authorized volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in a ny manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Contractor’s services, the Project or this Agreement, including without limitation the payment of all consequential damages, expert witness fees and attorneys’ fees and other related costs and expenses. Notwithstanding the foregoing, to the extent required by Civil Code section 2782, Contractor’s indemnity obligation shall not apply to liability for damages for death or bodily injury to persons, injury to property, or any other loss, damage or expense arising from the sole or active negligence or willful misconduct of the City or the City’s agents, servants, or independent contractors who are directly responsible to the City, or for defects in design furnished by those persons.
3.12.2 Additional Indemnity Obligations . Contractor shall defend, with counsel of City’s choosing and at Contractor's own cost, expense and risk, any and all Claims covered by this section that may be brought or instituted against City or its officials, employees, agents and authorized volunteers. In addition, Contractor shall pay and satisfy any judgment, award or decree that may be rendered against City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Contractor shall al so reimburse City for the cost of any settlement paid by City or its officials, employees, agents and authorized volunteers as part of any such claim, suit, action or other proceeding. Such reimbursement shall include payment for City's attorney's fees and costs, including expert witness fees. Contractor shall reimburse City and its officials, employees, agents and authorized volunteers, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Contractor's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by the City, its officials, employees, agents and authorized volunteers.
3.13 Insurance.
3.13.1 Time for Compliance. Contractor shall not commence Work under this Contract until it has provided evidence satisfactory to the City that it has secured all insurance required under this section. In addition, Contractor shall not allow any subcontractor to commence work on any subcontract until it has provided evidence satisfactory to the City that the subcontractor has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Contract for cause.
3.13.2 Minimum Requirements. Contractor shall, at its expense, procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of th e Work hereunder by Contractor, its agents, representatives, employees or subcontractors. Contractor
15 shall also require all of its subcontractors to procure and maintain the same insurance for the duration of the Contract. Such insurance shall meet at le ast the following minimum levels of coverage:
3.13.2.1 Minimum Scope of Insurance. Coverage shall be at least as broad as the latest version of the following: (1) General Liability: Insurance Services Office Commercial General Liability coverage (occurrence form CG 00 01) OR Insurance Services Office Owners and Contractors Protective Liability Coverage Form (CG 00 09 11 88) (coverage for operations of designated contractor); (2) Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 00 01, code 1 (any auto); and (3) Workers’ Compensation and Employer’s Liability: Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance. Policies shall not contain exclusions contrary to this Contract.
3.13.2.2 Minimum Limits of Insurance. Contractor shall maintain limits no less than: (1) General Liability: $5,000,000 per occurrence and $5,000,000 aggregate for bodily injury, personal injury and property damage; (2) Automobile Liability: $5,000,000 per accident for bodily injury and property damage; and (3) Workers’ Compensation and Employer’s Liability:
Workers’ compensation limits as required by the Labor Code of the State of California. Employer’s Liability limits of $1,000,000 each accident, policy limit bodily injury or disease, and each employee bodily injury or disease. Defense costs shall be available in addition to the limits. Notwithstanding the minimum limits specified herein, any available coverage shall be provided to the parties required to be named as additional insureds pursuant to this Contract.
3.13.3 Insurance Endorsements. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements (amendments) on forms supplied or approved by the City to add the following provisions to the insurance policies:
3.13.3.1 General Liability. (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status using ISO endorsements CG20 10 10 01 plus CG20 37 10 01, or endorsements providing the exact same coverage, with respect to the Work or operations performed by or on behalf of Contractor, including materials, parts or equipment furnished in connection with such work; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self- insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it.
3.13.3.2 Automobile Liability. (1) Such policy shall give the City, its officials, employees, agents and authorized volunteers additional insured status with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Contractor or for which Contractor is responsible; (2) all policies shall waive or shall permit Contractor to waive all rights of subrogation which may be obtained by the Contractor or any insurer by virtue of payment of any loss or any coverage provided to any person named as an additional insured pursuant to this Contract, and Contractor agrees to waive all such rights of subrogation; and (3) the insurance coverage shall be primary insurance as respects the City, its officials, employees, agents and authorized volunteers, or if excess, shall stand in an unbroken chain of coverage excess of Contractor’s scheduled underlying coverage. Any insurance or self-
16 insurance maintained by the City, its officials, employees, agents and authorized volunteers shall be excess of Contractor’s insurance and shall not be called upon to contribute with it in any way.
3.13.3.3 Workers’ Compensation and Employer’s Liability Coverage.
The insurer shall agree to waive all rights of subrogation against the City, its officials, employees, agents and authorized volunteers for losses paid under the terms of the insurance policy which arise from work performed by Contractor.
3.13.3.4 All Coverages . Each insurance policy required by this Contract shall be endorsed to state that: (1) coverage shall not be suspended, voided, reduced or canceled except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City; and (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its officials, employees, agents and authorized volunteers.
3.13.4 Separation of Insureds; No Special Limitations . All insurance required by this Section shall contain standard separation of insureds provisions. In addition, such insurance shall not contain any special limitations on the scope of protection afforded to the City, its officials, employees, agents and authorized volunteers.
3.13.5 Deductibles and Self-Insurance Retentions. Any deductibles or self- insured retentions must be declared to and approved by the City. Contractor shall guarantee that, at the option of the City, either: (1) the insurer shall reduce or eliminate such deductibles or self- insured retentions as respects the City, its officials, employees, agents and authorized volunteers; or (2) the Contractor shall procure a bond or other financial guarantee acceptable to the City guaranteeing payment of losses and related inves tigation costs, claims and administrative and defense expenses.
3.13.6 Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating no less than A:VII, licensed to do business in California, and satisfactory to th e City. Exception may be made for the State Compensation Insurance Fund when not specifically rated.
3.13.7 Verification of Coverage. Contractor shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Contract on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms supplied or approved by the City. All certificates and endorsements must be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
3.13.8 Subcontractors. All subcontractors shall meet the requirements of this Section before commencing Work. Contractor shall furnish separate certificates and endorsements for each subcontractor. Subcontractor policies of General Liability insurance shall name the City, its officials, employe es, agents and authorized volunteers as additional insureds using form ISO 20 38 04 13 or endorsements providing the exact same coverage. All coverages for subcontractors shall be subject to all of the requirements stated herein except as otherwise agreed to by the City in writing.
17 3.13.9 Reporting of Claims. Contractor shall report to the City, in addition to Contractor’s insurer, any and all insurance claims submitted by Contractor in connection with the Work under this Contract.
3.14 Bond Requirements.
3.14.1 Payment Bond. If required by law or otherwise specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Payment Bond in an amount required by the City and in a form provided or approved by the City. If such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.
3.14.2 Performance Bond. If specifically requested by City in Exhibit “C” attached hereto and incorporated herein by reference, Contractor shall execute and provide to City concurrently with this Contract a Performance Bond in an amount required by the City and in a form provided or approved by the City. I f such bond is required, no payment will be made to Contractor until the bond has been received and approved by the City.
3.14.3 Bond Provisions . Should, in City’s sole opinion, any bond become insufficient or any surety be found to be unsatisfactory, Co ntractor shall renew or replace the effected bond within (ten) 10 days of receiving notice from City. In the event the surety or Contractor intends to reduce or cancel any required bond, at least thirty (30) days prior written notice shall be given to the City, and Contractor shall post acceptable replacement bonds at least ten (10) days prior to expiration of the original bonds. No further payments shall be deemed due or will be made under this Contract until any replacement bonds required by this Section are accepted by the City.
To the extent, if any, that the Total Contract Price is increased in accordance with the Contract, Contractor shall, upon request of the City, cause the amount of the bond to be increased accordingly and shall promptly deliver satisfactory evidence of such increase to the City. If Contractor fails to furnish any required bond, the City may terminate the Contract for cause.
3.14.4 Surety Qualifications. Only bonds executed by an admitted surety insurer, as defined in California Code of Civil Procedure Section 995.120, shall be accepted. If a California- admitted surety insurer issuing bonds does not meet these requirements, the insurer will be considered qualified if it is in conformance with Section 995.660 of the California Co de of Civil Procedure, and proof of such is provided to the City.
3.15 Warranty. Contractor warrants all Work under the Contract (which for purposes of this Section shall be deemed to include unauthorized work which has not been removed and any non-conforming materials incorporated into the Work) to be of good quality and free from any defective or faulty material and workmanship. Contractor agrees that for a period of one year (or the period of time specified elsewhere in the Contract or in any guarantee or warranty provided by any manufacturer or supplier of equipment or materials incorporated into the Work, whichever is later) after the date of final acceptance, Contractor shall within ten (10) days after being notified in writing by the City of a ny defect in the Work or non -conformance of the Work to the Contract, commence and prosecute with due diligence all Work necessary to fulfill the terms of the warranty at its sole cost and expense. Contractor shall act sooner as requested by the City in response to an emergency. In addition, Contractor shall, at its sole cost and expense, repair and replace any portions of the Work (or work of other contractors) damaged by its defective Work or which becomes damaged in the course of repairing or replacing defective Work. For any Work so corrected, Contractor’s obligation hereunder to correct defective Work shall be reinstated for an additional one year period, commencing with the date of acceptance of such corrected Work. Contractor shall
18 perform such tests as the City may require to verify that any corrective actions, including, without limitation, redesign, repairs, and replacements comply with the requirements of the Contract. All costs associated with such corrective actions and testing, including the removal, replacement, and reinstitution of equipment and materials necessary to gain access, shall be the sole responsibility of Contractor. All warranties and guarantees of subcontractors, suppliers and manufacturers with respect to any portion of the Work, whether express or implied, are deemed to be obtained by Contractor for the benefit of the City, regardless of whether or not such warranties and guarantees have been transferred or assigned to the City by separate agreement and Contractor agrees to enforce such warranties and guarantees, if necessary, on behalf of the City. In the event that Contractor fails to perform its obligations under this Section, or under any other warranty or guaranty under this Contract, to the reasonable satisfaction of the City, the City shall have the right to correct and replace any defective or non-conforming Work and any work damaged by such work or the replacement or correction thereof at Contractor’s sole expense. Contractor shall be obligated to fully reimburse the City for any expenses incurred hereunder upon demand.
3.16 Employee/Labor Certifications.
3.16.1 Contractor’s Labor Certification. By its signature hereunder, Contractor certifies that he is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker’s Compensation or to undertake self - insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Work. A certification form for this purpose, which is attached to this Contract as Exhibit “D” and incorporated herein by referenc e, shall be executed simultaneously with this Contract.
3.16.2 Equal Opportunity Employment. Contractor represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
3.16.3 Verification of Employment Eligibility. By executing this Contract, Contractor verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subcontractors and sub-subcontractors to comply with the same.
3.17 General Provisions.
3.17.1 City’s Representative. The City hereby designates the General Manager, or his or her designee, to act as its representative for the performance of this Contract (“City’s Representative”). City’s Representative shall have the power to act on behalf of the City for all purposes under this Contract. Contractor shall not accept direction or orders from any person other than the City’s Representative or his or her designee.
3.17.2 Contractor’s Representative. Before starting th e Work, Contractor shall submit in writing the name, qualifications and experience of its proposed representative who shall be subject to the review and approval of the City (“′Contractor’s Representative”). Following approval by the City, Contractor’s Representative shall have full authority to represent and act on behalf of Contractor for all purposes under this Contract. Contractor’s Representative shall
19 supervise and direct the Work, using his best skill and attention, and shall be responsible for all construction means, methods, techniques, sequences and procedures and for the satisfactory coordination of all portions of the Work under this Contract. Contractor’s Representative shall devote full time to the Project and either he or his designee, who shall be acceptable to the City, shall be present at the Work site at all times that any Work is in progress and at any time that any employee or subcontractor of Contractor is present at the Work site. Arrangements for responsible supervision, acceptable to the City, shall be made for emergency Work which may be required.
Should Contractor desire to change its Contractor’s Representative, Contractor shall provide the information specified above and obtain the City’s written approval.
3.17.3 Termination. This Contract may be terminated by City at any time, either with or without cause, by giving Contractor three (3) days advance written notice. In the event of termination by City for any reason other than the fault of Contractor, City shall pay Contractor for all Work performed up to that time as provided herein. In the event of breach of the Contract by Contractor, City may terminate the Contract immediately without notice, may reduce payment to Contractor in the amount necessary to offset City’s resulting damages, and may pursue any other available recourse against Contractor. Contractor may not terminate this Contract except for cause.
In the event this Contract is terminated in whole or in part as provided, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated.
Further, if this Contract is terminated as provided, City may require Contractor to provide all finished or unfinished documents, data, diagrams, drawings, materials or other matter prepared or built by Contractor in connection with its performance of this Contract.
3.17.4 Contract Interpretation. Should any question arise regarding the meaning or import of any of the provisions of this Contract or written or oral instructions from City, the matter shall be referred to City’s Representative, whose decision
3.17.5 Anti-Trust Claims . This provisi on shall be operative if this Contract is applicable to California Public Contract Code Section 7103.5. In entering into this Contract to supply goods, services or materials, Contractor hereby offers and agrees to assign to the City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Section 15) or under the Cartwright Act (Chapter 2, commencing with Section 16700, of Part 2 of Division 7 of the Business and Professions Code) arising from purchases of goods, services, or materials pursuant to the Contract. This assignment shall be made and become effective at the time the City tender final payment to Contractor, without further acknowledgment by the Parties.
3.17.6 Notices. All notices hereunder and communications regarding interpretation of the terms of the Contract or changes thereto shall be provided by the mailing thereof by registered or certified mail, return receipt requested, postage prepaid and addressed as follows:
CONTRACTOR:
American Paving Co.
525 W. Alluvial Avenue
Freno, CA 93711
Stephen J. Poindexter, President
20 CITY:
City of Merced
2525 “O” Street
Merced, California 95340
Attn: Mr. Richard Maddox, PE
Interim City Engineer
Any notice so given shall be considered received by the other Party three (3) days after deposit in the U.S. Mail as stated above and addressed to the Party at the above address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
3.17.7 Time of Essence . Time is of the essence in the performance of this Contract.
3.17.8 Assignment Forbidden. Contractor shall not, either voluntarily or by action of law, assign or transfer this Contract or any obligati on, right, title or interest assumed by Contractor herein without the prior written consent of City. If Contractor attempts an assignment or transfer of this Contract or any obligation, right, title or interest herein, City may, at its option, terminate and revoke the Contract and shall thereupon be relieved from any and all obligations to Contractor or its assignee or transferee.
3.17.9 No Third Party Beneficiaries . There are no intended third party beneficiaries of any right or obligation assumed by the Parties.
3.17.10 Governing Laws; Venue. This Agreement shall be interpreted in accordance with the laws of the State of California. If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a state or federal court situated in the County of Merced, State of California.
3.17.11 Counterparts. This Contract may be executed in counterparts, each of which shall constitute an original.
3.17.12 Successors. The Parties do for themselves, their heirs, ex ecutors, administrators, successors, and assigns agree to the full performance of all of the provisions contained in this Contract.
3.17.13 [Reserved]
3.17.14 Solicitation. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Contract. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Contract. For breach or violation of this warranty, City shall have the right to terminate this Contract without liability.
3.17.15 Conflict of Interest. Contractor maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Contractor, to solicit or secure this Agreement. Further, Contractor warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working
21 solely for Contractor, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Contract, no official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Contract, or obtain any present or anticipated material benefit arising therefrom. In addition, Contractor agrees to file, or to cause its employees or subcontractors to file, a Statement of Economic Interest with the City’s Filing Office r as required under state law in the performance of the Work.
3.17.16 Certification of License.
3.17.16.1 Contractor certifies that as of the date of execution of this Contract, Contractor has a current contractor’s license of the classification indicated below under Contractor’s signature.
3.17.16.2 Contractors are required by law to be licensed and regulated by the Contractors’ State License Board which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent a ct or omission is filed within four (4) years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within ten (10) years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors’ State License Board, P.O.
Box 26000, Sacramento, California 95826.
3.17.17 Authority to Enter Contract . Each Party warrants that the individuals who have signed this Contract have the l egal power, right and authority to make this Contract and bind each respective Party.
3.17.18 Entire Contract; Modification . This Contract contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Contract may only be modified by a writing signed by both Parties.
3.17.19 Non-Waiver. None of the provisions of this Agreement shall be considered waived by either party, unless such waiver is specifically specified in writing.
3.17.20 City’s Right to Employ Other Contractors . City reserves right to employ other contractors in connection with this Project or other projects.
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23 EXHIBIT “A” - SERVICES / SCHEDULE
The work to be performed includes, but not limited to, Expansion of Bob Hart Square on the south side to include a new outdoor plaza with a stage, bench seating, concrete arch, and brick. These improvements include water main replacement, new storm drain and inlets, landscaping, lighting, and electrical upgrades.
Such other items or details, not mentioned above, that are required by the Drawings and Technical Specifications Plans, City of Merced Standard Specifications and Typical Details, and the Special Conditions shall be performed, placed, constructed, or installed.
The project is located at Bob Hart Square on Canal St between Arbor Ln and 16th St. Bids are required for the entire work described herein.
The work shall be Completed within 45 working days of Notice to Proceed.
BID SCHEDULE - “A” PLAZA IMPROVEMENTS
NO. ITEM
UNIT OF ESTIMATED UNIT ITEM
MEASURE QUANTITY PRICE TOTAL
1 Permits, Bonds, Licenses & Insurance LS 1 $ 120,000.00 $ 120,000.00 2 Public Convenience and Safety LS 1 $ 236,000.00 $ 236,000.00 3 Water Pollution Control LS 1 $ 6,500.00 $ 6,500.00 4 Street Sweeping LS 1 $ 1.00 $ 1.00 5 Surveying Services LS 1 $ 26,000.00 $ 26,000.00 6 Remove Existing Asphalt SF 11358 $ 1.50 $ 17,037.00 7 Remove Existing Concrete SF 12830 $ 1.50 $ 19,245.00 8 Remove Existing 6" Vertical Curb LF 640 $ 3.00 $ 1,920.00 9 Remove Existing 6" Vertical Curb and
Gutter LF 163 $ 11.00 $ 1,793.00 10 Fine Grading SF 27208 $ 2.50 $ 68,020.00 11 Earthwork CY 1340 $ 150.00 $ 201,000.00 12 Remove Existing Street Light EA 4 $ 1,300.00 $ 5,200.00 13 Relocate Existing Street Sign EA 6 $ 200.00 $ 1,200.00 14 Relocate Existing Wood Sign EA 1 $ 200.00 $ 200.00
24 15 Remove Existing Trees EA 12 $ 1,170.00 $ 14,040.00 16 Remove Existing Striping LF 745 $ 3.40 $ 2,533.00 17 Remove Existing Bollard EA 11 $ 50.00 $ 550.00 18 Remove Existing Concrete Ramp CF 16 $ 31.25 $ 500.00 19 Remove Existing Handrail LF 10 $ 50.00 $ 500.00 20 Remove Existing 3' Wrought Iron Fence LF 69 $ 7.00 $ 483.00 21 Remove Existing Bike Rack EA 3 $ 400.00 $ 1,200.00 22 Remove Existing Bench EA 5 $ 250.00 $ 1,250.00 23 Remove Existing Trash Can EA 2 $ 500.00 $ 1,000.00 24 Remove Existing 12" Storm Drain Pipe LF 216 $ 40.00 $ 8,640.00 25 Remove Existing 4" Storm Drain Pipe LF 76 $ 40.00 $ 3,040.00 26 Remove Existing Storm Drain Catch Basin EA 7 $ 500.00 $ 3,500.00 27 4" ADS - Storm Drainage LF 99 $ 50.00 $ 4,950.00 28 8" ADS - Storm Drainage LF 28 $ 58.00 $ 1,624.00 29 10" ADS - Storm Drainage LF 172 $ 135.00 $ 23,220.00 30 12" ADS - Storm Drainage LF 148 $ 140.00 $ 20,720.00 31 Catch Basin EA 9 $ 2,500.00 $ 22,500.00 32 Manhole EA 1 $ 8,000.00 $ 8,000.00
33 Pedestrian Concrete SF 16729 $ 11.50 $ 192,383.50 34 Vehicular Concrete SF 2745 $ 21.00 $ 57,645.00 35 Decorative Concrete SF 3197 $ 15.00 $ 47,955.00 36 2.5"AC/6" AB Pavement SF 823 $ 26.00 $ 21,398.00 37 6" Vertical Curb LF 434 $ 17.60 $ 7,638.40 38 6" Vertical Curb and Gutter LF 268 $ 61.00 $ 16,348.00 39 Concrete Ramp w/Handrail EA 1 $ 7,500.00 $ 7,500.00 40 Diagonal Parking Stalls Striping EA 3 $ 3,500.00 $ 10,500.00 41 Christmas Tree Tie Area LS 1 $ 2,500.00 $ 2,500.00 42 Adjust Utility Boxes to Grade LS 1 $ 5,000.00 $ 5,000.00
25 43 Crosswalk Thermoplastic Striping EA 1 $ 5,000.00 $ 5,000.00 44 Raised Planter, Item #3 LF 264 $ 720.00 $ 190,080.00 45 Low Screen Wall, Edges of Parking Area
Item #4 LF 223 $ 600.00 $ 133,800.00
46 low screen wall behind stage LF 32 $ 750.00 $ 24,000.00 47 Built in Bench Seating, Item #5 LF 167 $ 450.00 $ 75,150.00 48 low wall along edge of stage item #13 LF 93 $ 200.00 $ 18,600.00 49 Brick Band, Plaza, 2' Wide, Item #2 LF 566 $ 200.00 $ 113,200.00 50 Brick Band, Stage, 20" Wide, Item #11 LF 93 $ 300.00 $ 27,900.00 51 Pipe handrail, Item #9 LF 52 $ 250.00 $ 13,000.00 52 Bollards, Removable, Item #16 EA 8 $ 1,000.00 $ 8,000.00 53 Bench, Item #6 EA 8 $ 2,500.00 $ 20,000.00 54 Trash Receptable, Item #17 EA 4 $ 2,000.00 $ 8,000.00 55 Bike Rack, Item #15 EA 3 $ 1,100.00 $ 3,300.00 56 Irrigation System, Renovate Existing and
Add New LS 1 $ 53,800.00 $ 53,800.00
57 Tree - 24" Box EA 15 $ 425.00 $ 6,375.00 58 Shrubs, 5 Gallon EA 303 $ 35.00 $ 10,605.00 59 Shrubs, 1 Gallon EA 60 $ 12.00 $ 720.00 60 Bark Mulch - 3" At Planter Areas SF 6350 $ 0.90 $ 5,715.00 61 Soil Preparation SF 6350 $ 0.50 $ 3,175.00 62 Plant Establishment and 90 Day
Maintenance SF 6350 $ 0.75 $ 4,762.50 63 Stage Backdrop Wall, Item #12 LS 1 $ 105,000.00 $ 105,000.00 64 Repaint existing fence, Item #8 LS 1 $ 12,500.00 $ 12,500.00 65 Repair Clock, Item #7 LS 1 $ 15,000.00 $ 15,000.00 66 Step Lights Shown on Electrical Plans EA 18 $ 1,655.00 $ 29,790.00 67 Sternbern Site Lighting EA 15 $ 10,205.00 $ 153,075.00 68 Duplex Outlets With In-Use Covers EA 16 $ 757.00 $ 12,112.00
26 69 Electrical Materials and Installation LS 1 $ 140,000.00 $ 140,000.00 70 Restoration LS 1 $ 5,000.00 $ 5,000.00 Total Bid $ 2,388,893.40
27 BID SCHEDULE - “B” WATER MAIN IMPROVEMENTS
NO. ITEM
UNIT OF ESTIMATED UNIT ITEM
MEASURE QUANTITY PRICE TOTAL
1 Permits, Bonds, Licenses &
Insurance LS 1 $ 30,000.00 $ 30,000.00 2 Public Convenience and Safety LS 1 $ 140,000.00 $ 140,000.00 3 Water Pollution Control LS 1 $ 1.00 $ 1.00 4 Street Sweeping LS 1 $ 1.00 $ 1.00 5 Surveying Services LS 1 $ 2,800.00 $ 2,800.00 6 Remove Existing Pavement SF 1,536 $ 3.60 $ 5,529.60 7 Remove Existing Concrete SF 182 $ 6.80 $ 1,237.60 8 Remove Existing Striping LF 29 $ 75.00 $ 2,175.00 9 Remove Existing 6" Vertical Curb LF 3 $ 250.00 $ 750.00 10 Remove Existing 6" Vertical Curb
and Gutter LF 9 $ 80.00 $ 720.00 11 Remove Existing Bollard EA 2 $ 50.00 $ 100.00 12 Remove Existing Gas Line LF 521 $ 35.00 $ 18,235.00 13 Remove Existing 16" Water Pipe LF 505 $ 140.00 $ 70,700.00 14 Remove Existing 8" Water Pipe LF 86 $ 90.00 $ 7,740.00 15 Remove Existing 6" Water Pipe LF 35 $ 90.00 $ 3,150.00 16 Abandon Existing 16" Water Pipe LF 98 $ 60.00 $ 5,880.00 17 Remove Existing 16" Water Valve EA 4 $ 600.00 $ 2,400.00 18 Remove Existing 8" Water Valve EA 2 $ 500.00 $ 1,000.00 19 Remove Existing 6" Water Valve EA 1 $ 500.00 $ 500.00 20 Fine Grading SF 3,056 $ 1.00 $ 3,056.00 21 Disconnection From Existing Water
System LS 1 $ 8,000.00 $ 8,000.00 22 Connection to Existing Water
System LS 1 $ 72,000.00 $ 72,000.00 23 Reconnect Existing Water Meter EA 2 $ 4,000.00 $ 8,000.00 24 16" Ductile Iron- Domestic LF 632 $ 340.00 $ 214,880.00 25 12" Ductile Iron- Domestic LF 5 $ 300.00 $ 1,500.00 26 8" Ductile Iron- Domestic LF 90 $ 300.00 $ 27,000.00 27 6" Ductile Iron- Domestic LF 69 $ 280.00 $ 19,320.00 28 16" Water Valve EA 9 $ 20,000.00 $ 180,000.00 29 12" Water Valve EA 1 $ 12,000.00 $ 12,000.00 30 8" Water Valve EA 3 $ 5,000.00 $ 15,000.00 31 6" Water Valve EA 3 $ 3,800.00 $ 11,400.00 32 30" Steel Casing LF 37 $ 800.00 $ 29,600.00 33 Fire Hydrant EA 2 $ 18,000.00 $ 36,000.00 34 MJ Cap With Kicker EA 2 $ 3,000.00 $ 6,000.00 35 Pedestrian Concrete SF 176 $ 76.00 $ 13,376.00
28 36 2" Grind and Overlay SF 2,879 $ 15.00 $ 43,185.00 37 2.5 AC/6" AB Pavement SF 1,560 $ 14.00 $ 21,840.00 38 6" Vertical Curb LS 3 $ 1,000.00 $ 3,000.00 39 6" Vertical Curb and Gutter LS 9 $ 337.00 $ 3,033.00 40 Crosswalk- Thermoplastic Striping EA 1 $ 5,000.00 $ 5,000.00 41 Restoration LS 1 $ 3,500.00 $ 3,500.00 Total Bid $ 1,029,609.20
Total Bid: $3,418,502.60
29 EXHIBIT “B” - PLANS AND TECHNICAL SPECIFICATIONS
SCOPE OF WORK
The work to be performed includes, but is not limited to, Expansion of Bob Hart Square on the south side to include a new outdoor plaza with a stage, bench seating, concrete arch, and brick. These improvements include water main replacement, new storm drain and inlets, landscaping, lighting, and electrical upgrades.
Such other items or details, not mentioned above, that are required by the Drawings and Technical Specifications Plans, City of Merced Standard Specifications and Typical Details, and the Special Conditions shall be performed, placed, constructed, or installed.
PERFORMANCE
The Contractor shall furnish all labor, materials, tools, equipment, incidentals, and do all work described in the Plans and these Special Provisions.
COORDINATION/COOPERATION
The Contractor shall notify the Engineer at (209) 385-6846 at least three (3) working days in advance of the tentative starting date.
The Contractor shall be responsible for contacting and coordinating with all utility companies, including the City, with regards to the location of existing underground facilities in the construction area. The Contractor shall call Underground Service Alert at (800) 642-2444, at least 2 working days before commencement of underground work for location of underground facilities.
Utility facilities damaged, temporarily disconnected, or relocated as a result of construction shall be repaired/reconnected as directed by the governing utility at the Contractor's expense.
Full compensation for conforming to the requirements of this section shall be considered as included in the price paid for the various contract items of work involved and no additional compensation will be made.
INSPECTION OF SITE
The Contractor shall inspect the work site and note all existing conditions before submitting a bid for this project.
A site tour is scheduled immediately following the pre-bid/LBE meeting if requested.
DUST CONTROL
It shall be the responsibility of the Contractor to minimize dust during earth moving operations. A water truck shall be made available if necessary for dust control.
Full compensation for conforming to the requirements of this section shall be considered as included in the price paid for the various contract items of work involved and no additional compensation will be made.
PERMITS, BONDS, LICENSES AND INSURANCE
The Contractor shall procure all permits, bonds, licenses, and insurance, pay all charges and fees, and give all notices necessary and incidental to the prosecution of the work.
Payment for "Permits, Bonds, Licenses and Insurance," shall be at the contract lump sum price as set forth in the proposal, and shall include all fees associated with permits, bonds, licenses, inspections, and all other fees necessary for the completion of this item.
30 PUBLIC CONVENIENCE AND SAFETY
The Contractor shall be responsible for all the provisions of this item, including issuance of all notices necessary for prosecution of the work.
Construction Area Signs -- Construction area signs and traffic cones shall be furnished, installed, maintained, and removed when no longer required in accordance with the provisions in Section 12, "Temporary Traffic Control," of the State Specifications, and these Special Provisions. Specifically included in this item are all detour signage.
The Contractor shall notify the appropriate regional notification center for operators of subsurface installations at least two (2) working days, but not more than 14 calendar days, prior to commencing any excavation for construction area signposts. The regional notification centers include, but not limited to the following:
Notification Center Telephone
Underground Service Alert (USA) 1-800-227-2600 (Northern California)
All excavations required to install construction area signs shall be performed by hand methods without the use of power equipment, except that power equipment may be used if it is determined that there were no utility facilities in the area of the proposed post holes.
Sign substrates for stationary mounted construction area signs may be fabricated from fiberglass reinforced plastic as specified under “Prequalified and Tested Signing and Delineation Materials” elsewhere in these Special Provisions.
Type IV reflective sheeting for sign panels for portable construction area signs shall conform to the requirements specified under “Prequalified and Testing Signing and Delineation Materials” elsewhere in these Special Provisions.
The term “construction area signs” shall also include temporary object markers required for the direction of public traffic through or around the work during construction. Object markers listed or designated on the plans as construction area signs shall be considered to be signs and shall be furnished, erected, maintained and removed by the Contractor in the same manner specified for construction area signs and the following:
Object markers shall be stationary mounted on wood or metal posts in accordance with the details shown on the plans and the requirements in Section 82, “Markers and Delineators,” of the Standard Specifications.
Marker panels for Type N, Type P and Type R object markers shall conform to the requirements for sign panels for stationary mounted signs.
Target plates for Type K and Type L object markers and posts, reflectors and hardware shall conform to the requirements in said Section 82, but need not be new.
When a street section is to be closed, it shall be solidly barricaded, and signs shall be posted at the closure points indicating “Street Closed.”
Full cost of providing and removing construction area signs shall be borne exclusively by the Contractor and shall be considered as included in the contract lump sum price for Item 10 -1.07, “Public Convenience & Safety.”
Maintaining Traffic -- Attention is directed to Section 7-1.03, "Public Convenience," Section 7-1.04, "Public Safety," and Section 12, "Temporary Traffic Control," of the State Specifications. Nothing in these Special
31 Provisions shall be construed as relieving the Contractor from its responsibility as provided in Section 7-
1.04 of the State Specifications.
All traffic cones used for night lane closures shall have reflec tive cone sleeves as specified in the specifications. One (1) 12-foot wide traffic lane must be open at all times.
The second and third paragraphs of Section 12-3.10, “Traffic Cones,” of the State Standard Specifications are amended to read:
The type of reflective cone sleeve used shall be at the option of the Contractor. Only one type of reflective cone sleeve shall be used on the project.
Lane closures shall conform to the provisions in the section of these special provisions entitled “Traffic Control System for Lane Closure.”
Personal vehicles of the Contractor's employees shall not be parked on the traveled way or shoulders, including any section closed to public traffic.
The Contractor shall notify local authorities of its intent to begin work at least five (5) days before work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make its own arrangements relative to keeping the working area clear of parked vehicles.
The Contractor shall provide access to all businesses and residences within the construction zone at all times throughout the project. When the work requires the closing of a business driveway or other entrance, the Contractor shall post signs directing the public to the most convenient access to the business.
The Contractor shall provide access to all private driveways when construction is not actively in progress.
Access to driveways fronting the construction area shall not be hindered or blocked for time periods greater than 4 hours without notifying the property owner or tenant in writing 24 hours prior to blockage.
The Contractor shall provide safe public access around the work site in accordance with the American Disabilities Act requirements during the work.
Whenever vehicles or equipment are parked on the shoulder within six feet of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at 25-foot intervals to a point not less than 25 feet past the last vehicle or piece of equipment. A minimum of nine (9) cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted on a telescoping flag tree with flags. The flag tree shall be placed where directed by the Engineer.
When the Contractor’s operations create a condition hazardous to traffic or to the public, he shall furnish, erect and maintain, at his expense and without cost to the City, such fences, barricades, lights, signs and other devices as are necessary to prevent accidents or damage or injury to the public. The Contractor shall also furnish such flagmen, provided with the necessary equipment kept clean and in good condition by the Contractor at his expense, as may be necessary to give adequate warning to traffic or to the public that the roadway is under construction or of any dangerous conditions to be encountered. The flagmen shall perform their duties and their work of furnishing and placing such signs, lights, flags and other warning and safety devices as set forth in the current “Work Area Traffic Control Handbook” as published by the Building News, Inc., Los Angeles, California.
Minor deviations from the requirements of this section concerning hours of work which do not significantly change the cost of the work may be permitted upon the written request of the Contractor if, in the opinion of the
32 Engineer, public traffic will be better served and the work expedited. Such deviations shall not be adopted until the Engineer has indicated its written approval. All other modifications will be made by contract change order.
Full cost of conforming to this section shall be considered as included in the contract lump sum price for “Public Convenience and Safety.”
Traffic Control System for Lane Closure -- A traffic control system shall be provided by the Contractor and shall be in accordance with the provisions of Section 12, "Temporary Traffic Control," of the State Specifications, the provisions under "Maintaining Traffic" elsewhere in these Special Provisions.
The provisions in this section shall not relieve the Contractor from its responsibility to provide such additional devices, or take such measures as may be necessary, to comply with the provisions in Section 7-1.04, "Public Safety," of the State Standard Specifications.
Prior to any lane closures, it shall be the responsibility of the Contractor to provide 72-hour notice to the City and obtain City approval of the lane closure. Failure to notify the City in a timely manner is cause for the City to prevent the lane closure.
Whenever a lane closure is made, the Contractor shall close the lane by placing fluorescent traffic cones, portable cones, portable delineators, or other devices approved by the Engineer, along a taper and along the edge of the closed lane adjacent to public traffic. One telescoping flag tree with flags shall be placed at the beginning and at the end of the taper.
If any component in the traffic control system is displaced or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component, and shall restore the component to its original location. Full cost of providing flaggers shall be borne exclusively by the Contractor.
The Contractor shall submit a traffic control plan and approved by the City Engineer prior to commencing any work.
Protection of the Work -- To minimize traffic congestion during the resurfacing operation, the work shall be done in stages. Residents with driveways within the closed section shall be notified at least 24 hours in advance of closure via door hangers and signs within the limits of the project.
Barricades and signs and their cost of replacement, the cost of flagmen necessary for the protection of the work and the public and costs of notification of affected residents will be considered as included in the contract price paid for bid items shown in the proposal, and no separate payments shall be made.
Payment for " Public Convenience and Safety," shall be at the contract lump sum price as set forth in the proposal, and shall include all labor, materials, tools, equipment, and all work necessary for the completion of this item.
WATER POLLUTION CONTROL
Summary
It shall be the responsibility of the Contractor to comply with all of the requirements of the latest NPDES General Permit for "Storm Water Discharges Associated with Construction and Land Disturbance Activities" (Order No. 2009 -0009-DWQ, NPDES No. CAS000002) her einafter called the "Permit" and standard industry practice.
This includes, but is not limited to, preparing plans and application, maps as well as all necessary reporting on the SWQCB's Storm Water Multiple Application and Report Tracking System (SMARTS System). The Contractor, working with their certified Qualified Storm Water Pollution Prevention Plan (SWPPP) Developer
33 (QSD), will determine what would be the best course of action to comply with the latest State NPDES General Permit for Storm Water Discharges Associated with Construction and Land Disturbance Activities Order No. 2009-0009- DWQ. If the Contractor's QSD determines a SWPPP is the best course of action, it shall be the responsibility of the Contractor and their QSD to submit to Construction Management a completed SWPPP for review. Upon acceptance of the SWPPP document by Construction Management, the QSD shall prepare a Notice of Intention (NOI) application in the SWQCB's SMARTS System and upload all necessary documents and maps to be approved by the Legally Responsible Person (LRP). Until a written approval of the SWPPP has been obtained from the SWQCB, no construction activity shall commence on the project site. Upon obtaining written approval of the SWPPP, it shall be the responsibility of the Contractor to implement the SWPPP. Throughout the course of the project, the Contractor's Qualified SWPPP Practitioner (QSP) shall conduct periodic inspections, testing, any reporting on the SMARTS System as well as coordinate with the QSD to update the SWPPP as necessary. At the conclusion of construction, it shall be the responsibility of the Contractor and his or her QSD/QSP to ensure Annual Report(s) have been prepared on the SMARTS System as well as prepare the Notice of Termination (NOT) for City's approval.
The Contractor shall keep a copy of the approved SWPPP, and amendments thereto, at the job site and in the general business office of the Contractor. In addition, the Contractor shall make available to Construction Management copies of all amendments to the SWPPP as prepared by the Contractor. The SWPPP shall be made available upon request of a representative of the Fresno Metropolitan Flood Control District, Regional Water Quality Control Board, State Water Resources Control Board or U. S. Envir onmental Protection Agency. Requests by the public shall be directed to the Engineer.
If the Contractor and/or his/her QSD determines that a SWPPP is not necessary, then it shall be the responsibility of the Contractor to provide a list of Best Management Practices (BMP) that are to be implemented during the Work to Construction Management. The Contractor shall implement the BMP in a timely manner and maintain throughout the duration of the project. The Contractor shall keep a copy of the BMP list and any modification to the list at the job site and in the general business office of the Contractor.
In addition, the Contractor shall make available to the City copies of all modifications to the BMP list. The BMP list shall be made available upon request of a representative of the Fresno Metropolitan Flood Control District, Regional Water Quality Control Board, State Water Resources Control Board or U. S.
Environmental Protection Agency. Requests by the public shall be directed to Construction Management.
Notice of violation and/or fines for any non-compliance will be the responsibility of the Contractor.
Manage work activities to reduce the discharge of pollutants to surface waters, groundwater, or municipal separate storm sewer systems including work items shown in the Bid Item List for:
1. Prepare Storm Water Pollution Prevention Plan. SWPPP preparation includes obtaining SWPPP approval, amending the SWPPP, preparing a CSMP and a SAP, and monitoring and inspecting WPC practices at the job site.
2. Storm Water Annual Report. Storm Water Annual Report preparation includes certifications, monitoring and inspection results, and obtaining Storm Water Annual Report acceptance.
3. Storm Water Sampling and Analysis Day. Storm Water Sampling and Analysis Day includes re porting of storm water quality per qualifying rain event. If specified for the risk level, the work includes preparation, collection, analysis, and reporting of storm water samples for turbidity, pH, and other constituents.
4. Rain Event Action Plan. If speci fied for the project risk level, REAP preparation includes preparing and submitting REAP forms and monitoring weather forecasts.
Do not start work until:
1. SWPPP is approved by the City.
2. SWPPP is uploaded onto the SMART System.
3. WDID is issued.
34 4. SWPPP review requirements have been fulfilled. If the RWQCB requires time for SWPPP review, allow 30 days for the RWQCB to review the SWPPP as specified under "Submittals" of these special provisions.
This project is anticipated to be Risk Level 1.
Definitions and Abbreviations
active and inactive areas: (1) Active areas have soil disturbing work activities occurring at least once within 14 days, and (2) Inactive areas are areas that have not been disturbed for at least 15 days.
BMPs: Best Management Practices are water pollution control practices. construction phase: Construction phases are (1) Highway Construction including work activities for building roads and structures, (2) Plant Establishment including maintenance on vegetation installed for final stabilization, and (3) Suspension where work activities are suspended and areas are inactive.
CSMP: Construction Site Monitoring Program.
NAL: Numeric Action Level.
NEL: Numeric Effluent Limit.
NPDES: National Pollutant Discharge Elimination System.
NOI: Notice of Intent.
Normal working hours: The hours you normally work on this project.
Preparation Manual: The Department's "Storm Water Pollution Prevention Plan and Water Pollution Control Program Preparation Manual."
QSD: Qualified SWPPP Developer.
QSP: Qualified SWPPP Practitioner.
Qualified rain event: A qualified rain event is a storm that produces at least 0.5 inch of precipitation with a 48 hour or greater period between storms.
REAP: Rain Event Action Plan.
RWQCB: Regional Water Quality Control Board.
SAP: Sampling and Analysis Plan.
SSC: Suspended Sediment Concentration.
SWRCB: State Water Resources Control Board. SWPPP: Storm Water Pollution Prevention Plan.
WDID: Waste Discharge Identification Number. WPC: Water Pollution Control.
WPC Manager: Water Pollution Control Manager. The WPC Ma nager implements water pollution control work described in the SWPPP and oversees revisions and amendments to the SWPPP.
Submittals
Within 20 days after contract approval, start the following process for SWPPP approval:
1. Submit 3 copies of the SWPPP and allow 20 days for the Engineer's review. If revisions are required, the Engineer provides comments and specifies the date that the review stopped.
2. Change and resubmit the SWPPP within 15 days of receipt of the Engineer's comments. The Engineer's review resumes when the complete SWPPP is resubmitted.
3. When the Engineer approves the SWPPP, submit an electronic and 4 printed copies of the approved SWPPP.
4. If the RWQCB reviews the approved SWPPP, the Engineer submits one copy of the approved SWPPP to the RWQCB for their review and comment. RWQCBs requiring time to review SWPPPs include:
5. If the Engineer requests changes to the SWPPP based on RWQCB comments, amend the SWPPP within 10 days.
Submit:
35 1. Storm water training records including training dates and subjects for employees and subcontractors. Include dates and subjects for ongoing training, including tailgate meetings.
2. Employee training records.
2.1. Within 5 days of SWPPP approval for existing employees
2.2. Within 5 days of training for new employees
2.3. At least 5 days before subcontractors start work for subcontractor's employees
Prepare a Storm Water Annual Report for the reporting period from July 1st to June 30th. For the prior reporting period, submit the report no later than July 15th if construction occurs from July 1st through June 30th or within 15 days after contract acceptance if construction ends before June 30th.
Submit the Storm Water Annual Report as follows:
1. Submit 2 copies of the Storm Water Annual Report and allow 10 d ays for the Engineer's review. If revisions are required, the Engineer provides comments and specifies the date that the review stopped.
2. Change and resubmit the Storm Water Annual Report within 5 days of receipt of the Engineer's comments. The Engineer's r eview resumes when the complete Storm Water Annual Report is resubmitted.
3. When the Engineer accepts the Storm Water Annual Report, insert the WPC Manager's signed certification and the Engineer's signed certification.
Submit one electronic copy and 2 prin ted copies of the accepted Storm Water Annual Report. Submit as required:
1. NAL Exceedance Reports
2. NEL Exceedance Reports
3. Visual Monitoring Reports
4. Inspection Reports
5. BMP Status Report
At least 5 days before operating any construction support facility, submit:
1. A plan showing the location and quantity of WPC practices associated with the construction support facility
2. A copy of the NOI approved by the RWQCB and the SWPPP approved by the RWQCB if you will be operating a batch plant or a crushing plant under the General Industrial Permit
Quality Control and Assurance Training
Provide storm water training for:
1. Project managers
2. Supervisory personnel
3. Employees involved with WPC work
Train all employees, including subcontractor's employees, in the following subjects:
1. WPC rules and regulations
2. Implementation and maintenance for:
2.1. Temporary Soil Stabilization
2.2. Temporary Sediment Control
2.3. Tracking Control
2.4. Wind Erosion Control
2.5. Material pollution prevention and control
36 2.6. Waste management
2.7. Non-storm water management
2.8. Identifying and handling hazardous substances
2.9. Potential dangers to humans and the environment from spills and leaks or exposure to toxic or hazardous substances
Employees must receive initial WPC training before working on the job site. Conduct weekly training meetings covering:
1. WPC BMP deficiencies and corrective actions
2. BMPs that are required for work activities during the week
3. Spill prevention and control
4. Material delivery, storage, use, and disposal
5. Waste management
6. Non-storm water management procedures
Training for personnel to collect water quality samples must include:
1. SAP review
2. Health and safety review
3. Sampling simulations
A Storm Water Information Handout has been prepared for this contract and is available as described in "Supplemental Project Information" of these special provisions.
If you operate construction support facilities, protect storm water systems or receiving waters from the discharge of potential pollutants by using WPC practices.
Construction support facilities include:
1. Staging areas
2. Storage yards for equipment and materials
3. Mobile operations
4. Batch plants for PCC and HMA
5. Crushing plants for rock and aggregate
6. Other facilities installed for your convenience such as haul roads
If you operate a batch plant to manufacture PCC, HMA, or other material; or a crushing plant to produce rock or aggregate; obtain coverage under the General Industrial General Permit. You must be covered under the General Industrial Permit for batch plants and crushing plants located:
1. Outside of the job site
2. Within the job site that serve one or more contracts Discharges from manufacturing facilities such as batch plants must comply with the general waste discharge requirements for Order No. 97-03-DWQ, NPDES General Permit No. CAS000001, issued by the SWRCB for "Discharge of Stormwater Associated with Industrial Activities Excluding Construction Activities." For the General Industrial Permit, go to:
http://www.waterboards.ca.gov/
You may obtain copies of the Preparation Manual from the Publication Distribution Unit. The mailing address for the Publication Distribution Unit is:
State of California
37 Department of Transportation
Publication Distribution Unit
1900 Royal Oaks Drive
Sacramento, California 95815
Telephone: (916) 445-3520
The Preparation Manual and other WPC references are available at the Department's "Construction Storm Water and Water Pollution Control" Web site. For the Web site, go to:
http://www.dot.ca.gov/hq/construc/stormwater/stormwater1.htm
Water Pollution Control Manager
Assign one WPC Manager to implement the SWPPP. The WPC Manager must comply with the Permit qualifications for a QSP and a QSD. You may assign a different QSD to prepare the SWPPP.
The QSD must have the following qualifications:
1. Department approved storm water management training described in the Department's "Construction Storm Water and Water Pollution Control" web site
2. Registration or certification described in the Permit The QSP must meet the qualifications of the QSD or have the following certifications:
1. Department approved storm water management training described in the Department's "Construction Storm Water and Water Pollution Control" web site
2. Certification described in the Permit
At the job site, the WPC Manager must:
1. Be responsible for WPC work
2. Be the primary contact for WPC work
3. Oversee the maintenance of WPC practices
4. Oversee and enforce hazardous waste management practices
5. Have the authority to mobilize crews to make immediate repairs to WPC practices
6. Ensure that all employees have current water pollution control training
7. Implement the approved SWPPP and amend the SWPPP when required WPC Manager must oversee:
1. Inspections of WPC practices identified in the SWPPP
2. Inspections and reports for visual monitoring
3. Preparation and implementation of REAPs
4. Sampling and analysis
5. Preparation and submittal of:
5.1. NAL exceedance reports
5.2. NEL exceedance reports
5.3. SWPPP annual certification
5.4. Annual reports
5.5. BMP status reports
STORM WATER POLLUTION PREVENTION PLAN (SWPPP)
General
38 SWPPP work includes preparing a SWPPP including a CSMP, obtaining SWPPP approval, amending the SWPPP, inspecting and reporting on WPC practices at the j ob site. The SWPPP must comply with the Preparation Manual and the Permit. The SWPPP must be submitted in place of the water pollution control program under Section 13-2, "Water Pollution Control Program," of the Standard Specifications.
Additional WPC work will be paid for as extra work under Section 4 -1.05, "Changes and Extra Work," of the Standard Specifications.
The SWPPP must include sections as specified for the project risk level as follows:
1. For risk level 1:
1.1. Schedule
1.2. CSMP
2. For risk level 2:
2.1. Schedule
2.2. CSMP
2.3. Adherence to Effluent Standards for NALs
2.4. REAP
3. For risk level 3:
3.1. Schedule
3.2. CSMP
3.3. Adherence to Effluent Standards for NALs and NELs
3.4. REAP
The SWPPP must include WPC practices for:
1. Storm water and non-stormwater from areas outside of the job site related to project work activities such as:
1.1. Staging areas
1.2. Storage yards
1.3. Access roads
2. Activities or mobile operations related to contractor obtained NPDES permits
3. Construction support facilities
The SWPPP must include a copy of permits obtained by the Department such as Fish & Game permits, US Army Corps of Engineers permits, RWQCB 401 Certifications, and RWQCB Waste Discharge Requirements for Aerially Deposited Lead Reuse.
Amend the SWPPP annually and resubmit it by July 15th. Amend the SWPPP if:
1. Changes in work activities could affect the discharge of pollutants
2. WPC practices are added by change order work
3. WPC practices are added at your discretion
4. Changes in the amount of disturbed soil are substantial
5. Objectives for reducing or eliminating pollutants in storm water discharges have not been achieved
6. There is a Permit violation
Whenever you amend the SWPPP, follow the same process specified for SWPPP approval. Retain a printed copy of the approved SWPPP at the job site.
SWPPP Schedule
The SWPPP schedule must:
39 1. Describe when work activities will be performed that could cause the discharge of pollutants into storm water
2. Describe WPC practices associated with each construction phase
3. Identify soil stabilization and sediment control practices for disturbed soil areas
Construction Site Monitoring Program (CSMP)
General
The QSD must prepare a CSMP as part of the SWPPP. The CSMP must be developed before starting work and be revised to reflect current construction activities as necessary.
The CSMP must include sections for the project risk level as follows:
1. For risk level 1:
1.1. Visual Monitoring
1.2. SAP for Non-Visible Pollutants
2. For risk level 2:
2.1. Visual Monitoring
2.2. SAP for Non-Visible Pollutants
2.3. SAP for sediment and turbidity
2.4. SAP for pH
3. For risk level 3:
3.1. Visual Monitoring
3.2. SAP for Non-Visible Pollutants
3.3. SAP for sediment and turbidity
3.4. SAP for pH
3.5. SAP for receiving waters
3.6. SAP for temporary active treatment systems
Visual Monitoring
The WPC Manager must oversee the performance of visual inspections for qualifying rain events.
For each qualifying rain event, perform visual inspections and record observations during normal working hours as follows:
1. Record the time, date, and rain gauge reading
2. Observe:
2.1. Within 2 days before the storm:
2.1.1 Drainage areas for spills, leaks, or uncontrolled pollutants
2.1.2 Proper implementation of WPC practices
2.1.3 Storm water storage areas for leaks and adequate freeboard
2.2. Every 24 hours during the storm:
2.2.1 WPC practices for effective operation
2.2.2 WPC practices needing maintenance and repair
2.3. Within 2 days after the storm event:
2.3.1. Discharge locations
2.3.2. WPC practices to evaluate the design, implementation, and effectiveness
2.3.3. To identify where additional WPC practices may be needed.
Perform non-stormwater discharge visual inspections as follows:
1. At least once during each of the following periods:
40 1.1. January through March
1.2. April through June
1.3. July through September
1.4. October through December
2. Observe flowing and contained storm water for the presence of floating and suspended materials, sheen on the surface, discoloration, turbidity, odors, and sources of observed pollutants
3. Observe the job site for the presence of authorized and unauthorized non-stormwater discharges and their sources
The WPC Manager must prepare visual inspection reports that include the following:
1. Name of personnel performing the inspection, inspection date, and date inspection report completed
2. Storm and weather conditions
3. Locations and observations
4. Corrective actions taken
Maintain visual inspections reports at the job site as part of the SWPPP.
Sampling and Analysis Plan (SAP)
General
Include a SAP in the CSMP to monitor the effectiveness of WPC practices. The SAP must comply with the Preparation Manual.
Assign trained personnel to collect water quality samples. Document their training in the SAP. Describe the following water quality sampling procedures in the SAP:
1. Sampling equipment
2. Sample preparation
3. Collection
4. Field measurement methods
5. Analytical methods
6. Quality assurance and quality control
7. Sample preservation and labeling
8. Collection documentation
9. Sample shipping
10. Chain of custody
11. Data management and reporting
12. Precautions from the construction site health and safety plan
13. Laboratory selection and certifications
Whenever assigned field personnel take samples, comply with the equipment manufacturer's recommendation for collection, analysis methods, and equipment calibration.
Samples taken for laboratory analysis must follow water quality sampling procedures and be analyzed by a State-certified laboratory under 40 CFR Part 136, "Guidelines Establishing Test Procedures for the Analysis of Pollutants."
The SAP must identify the State -certified laboratory, sample containers, preservation requirements, holding times, and analysis method. For a list of State-certified laboratories, go to:
41 http://www.cdph.ca.gov/certlic/labs/Pages/ELAP.aspx
Include procedure for sample collection during precipitation.
Retain water quality sampling documentation and analytical results with the SWPPP at the job site.
Show pollutant sampling locations on SWPPP drawings.
If discharges or sampling locations change because of changed work activities or knowledge of site conditions, amend the SAP.
If the project is risk level 2 or risk level 3, include procedures for collecting and analyzing at least 3 samples for each day of each qualifying rain event. Describe the collection of effluent samples at all locations where the storm water is discharged off-site.
Analytical Results and Evaluation
Submit an electronic copy (in file format .xls, .txt, .csv, .dbs, or .mdb) and a printed copy of water quality analytical results, and quality assurance and quality control within 48 hours of field analysis sampling, and within 30 days for laboratory analysis. Also provide an evaluation of whether the downstream samples show levels of the tested parameter that are higher than the control sample.
Electronic water quality analysis results must have the following information:
1. Sample identification number
2. Contract number
3. Constituent
4. Reported value
5. Analytical method
6. Method detection limit
7. Reported limit
SAP for Non-Visible Pollutants
The SAP must include a description of the sampling and analysis strategy for monitoring non- visible pollutants.
The SAP must identify potential non-visible pollutants present at the job site associated with any of the following:
1. Construction materials and waste
2. Existing contamination due to historical site usage
3. Application of soil amendments, including soil stabilization materials, with the potential to change pH or contribute toxic pollutants to storm water
SWPPP drawings must show the locations planned for storage and use of potential non-visible pollutants.
The SAP must include sampling procedures for the following conditions when observed during a storm water visual inspection. For each of the following, collect at least one sample for each qualifying storm event:
1. Materials or waste containing potential non-visible pollutants that are not stored under watertight conditions
2. Materials or waste containing potential non -visible pollutants that are stored under watertight conditions, but a breach, leakage, malfunction, or spill is observed; the leak or spill has not been cleaned up before precipitation; and material or waste could discharge non -visible pollutants to surface waters or drainage system
42 3. Chemical applications, including fertilizer, pesticide, herbicide, methyl methacrylate concrete sealant, or non-pigmented curing compound used during precipitation or within 24 hours preceding precipitation, and could discharge pollutants to surface waters or drainage system
4. Applied soil amendments, including soil stabilization materials that could change pH levels or contribute toxic pollutants to storm water runoff and discharge pollutants to surface wa ters or drainage system, unless available independent test data indicates acceptable concentrations of non-visible pollutants in the soil amendment
5. Storm water runoff from an area contaminated by historical usage of the site that could discharge pollutants to surface waters or drainage systems
The SAP must provide sampling procedures and schedule for:
1. Sample collection during the first 2 hours of each rain event that generate runoff
2. Sample collection during normal working hours
3. Each non-visible pollutant source
4. Uncontaminated control sample
The SAP must identify locations for sampling downstream and control samples, and reasons for selecting those locations. Select control sample locations where the sample will not come in contact with materials, waste, or areas associated with potential non-visible pollutants or disturbed soil areas.
SAP for Sediment and Turbidity
If the project is risk level 2 or risk level 3, sample and analyze for turbidity:
Parameter Test Method Detection Limit
(Min)
Unit
Turbidity Field test with calibrated
portable instrument
1 NTU
If the project is risk level 3 and the turbidity NEL has been exceeded, sample and analyze for SSC:
Parameter Test Method Detection Limit
(Min)
Unit
SSC ASTM Method D3977-97 5 Mg/L
SAP for pH
If the project is risk level 2 or risk level 3, sample and analyze for pH:
Parameter Test Method Detection Limit
(Min)
Unit
pH Field test with calibrated
portable instrument
0.2 pH units
SAP for Receiving Waters
If the project is risk level 3, describe procedures for obtaining samples from representative and accessible locations:
43 1. Upstream of the discharge point
2. Downstream of the discharge point
Show receiving water sampling locations on SWPPP drawings.
If there are several discharge points, describe procedures for obtaining samples from a single upstream and a single downstream location.
Rain Event Action Plan (REAP)
REAP work includes preparing and submitting REAP forms and monitoring weather forecasts. The WPC Manager must submit a REAP to protect the job site at least 48 hours before a predicted rain event.
Prepare a REAP when the National Weather Service is predicting at least a 50 percent probability of precipitation within 72 hours.
For the REAP, use approved forms and include:
1. Site location
2. Risk level
3. Contact information including 24-hour emergency phone numbers for:
3.1. WPC Manager
3.2. Erosion and sediment control providers or subcontractors
3.3. Storm water sampling providers or subcontractors
4. Storm Information
5. Construction phase information for:
5.1. Highway Construction including active and inactive areas for work activities for building roads and structures
5.2. Plant Establishment including maintenance on vegetation installed for final stabilization where areas are inactive
5.3. Suspension where work activities are suspended and areas are inactive
6. Construction phase information including:
6.1. Construction activities
6.2. Subcontractors and trades on the job site
6.3. Pre-storm activities including:
6.3.1. Responsibilities of the WPC Manager
6.3.2. Responsibilities of the crew and crew size
6.3.3. Stabilization for active and inactive disturbed soil areas
6.3.4. Stockpile management
6.3.5. Corrective actions taken for deficiencies identified during pre-storm visual inspection
6.4. Activities to be performed during storm events including:
6.4.1. Responsibilities of the WPC Manager
6.4.2. Responsibilities of the crew and crew size
6.4.3. BMP maintenance and repair
6.5. Description of flood contingency measures
You must have the REAP onsite at least 24 hours before a predicted rain event. A printed copy of each REAP must be at the job site as part of the SWPPP
Implement the REAP including mobilizing crews to complete activities no later than 24 hours before precipitation occurs.
44 IMPLEMENTATION REQUIREMENTS
SWPPP Implementation
Obtain, install, and maintain a rain gauge at the job site. Observe and record daily precipitation.
Monitor the National Weather Service Forecast Office on a daily basis. For forecasts, go to:
http://www.srh.noaa.gov/forecast
Whenever you or the Engineer identifies a deficiency in the implementation of the approved SWPPP:
1. Correct the deficiency immediately, unless the Engineer agrees to a later date for making the correction
2. Correct the deficiency before precipitation occurs
If you fail to correct the deficiency by the agreed date or before the onset of precipitation, the Department may correct the deficiency and deduct the cost of correcting the deficiency from payment.
Continue SWPPP implementation during any temporary suspension of work activities.
Install WPC practices within 15 days or before predicted precipitation, whichever occurs first.
Numeric Action Levels (NALs)
If the project is risk level 2 or risk level 3, then it is subject to NALs:
Parameter Test Method Detection
Limit (Min)
Unit Numeric Action Limit
pH Field test calibrated
with portable
instrument
0.2 pH units Lower NAL = 6.5 Upper
NAL = 8.5
Turbidity Field test calibrated
with portable
instrument
1 NTU 250 NTU
Numeric Effluent Limits (NELs)
If the project is risk level 3, then it is subject to NELs:
Parameter Test Method Detection
Limit (Min)
Unit Numeric Effluent Limit
pH Field test calibrated
with portable
instrument
0.2 pH units Lower NEL = 6.0 Upper
NEL = 9.0
Turbidity Field test calibrated
with portable
instrument
1 NTU 500 NTU
The storm event daily average for storms up to the 5-year, 24-hour storm, must not exceed the NEL for turbidity.
The daily average sampling results must not exceed the NEL for pH.
45 Storm Water Sampling and Analysis Day
Storm Water Sampling and Analysis Day work includes preparation, collection, analysis, and reporting of storm water samples for turbidity, pH, and other constituents. If the project is risk level 2 or risk level 3, and there is a qualified rain event that produces runoff, comply with the project's SAP for preparation, collection, analysis, and reporting of storm water samples. Collect:
1. Samples for each non-visible pollutant source and a corresponding uncontaminated control sample
2. Samples for turbidity, pH, and other constituents as specified
3. At least 3 samples for each day of each qualifying rain event
4. Samples for all locations where the storm water is discharged off-site
Perform sample collection during:
1. First 2 hours of each qualified rain event that produces runoff
2. Normal working hours
If the project is risk level 3, obtain receiving water samples.
You are not required to physically collect samples during dangerous weather conditions such as flooding or electrical storms.
If downstream samples show increased levels, assess WPC practices, site conditions, and surrounding influences to determine the probable cause for the increase.
Inspection
The WPC Manager must oversee inspections for WPC practices identified in the SWPPP:
1. Before a forecasted storm
2. After precipitation that causes site runoff
3. At 24-hour intervals during extended precipitation
4. On a predetermined schedule, a minimum of once a week
The WPC Manager must oversee daily inspections of:
1. Storage areas for hazardous materials and waste
2. Hazardous waste disposal and transporting activities
3. Hazardous material delivery and storage activities
4. WPC practices specified under "Construction Site Management" of these special provisions
The WPC Manager must use the Storm Water Site Inspection Report provided in the Preparation Manual.
The WPC Manager must prepare BMP status reports that include the following:
1. Location and quantity of installed WPC practices
2. Location and quantity of disturbed soil for the active or inactive areas
Within 24 hours of finishing the weekly inspection, the WPC Manager must submit:
1. Copy of the completed site inspection report
2. Copy of the BMP status report
REPORTING REQUIREMENTS
46 Storm Water Annual Report
Storm Water Annual Report work includes certifications, monitoring and inspection results, and obtaining Storm Water Annual Report acceptance. The WPC Manager must prepare a Storm Water Annual Report. The report must:
1. Use an approved report format
2. Include project information including description and location
3. Include storm water monitoring information including:
3.1. Summary and evaluation of sampling and analysis results including laboratory reports
3.2. Analytical methods, reporting units, detections limits for analytical parameters
3.3. Summary of corrective actions
3.4. Identification of corrective actions or compliance activities that were not implemented
3.5. Summary of violations
3.6. Names of individuals performing storm water inspections and sampling
3.7. Logistical information for inspections and sampling including location, date, time, and precipitation
3.8. Visual observations and sample collection records
4. Include documentation on training for:
4.1. Individuals responsible for NPDES permit compliance
4.2. Individuals responsible for BMP installation, inspection, maintenance, and repair
4.3. Individuals responsible for preparing, revising, and amending the SWPPP NAL Exceedance Report
If the project is risk level 2 or risk level 3 and an effluent sample exceeds a NAL, notify the Engineer and submit a NAL Exceedance Report no later than 48 hours after the conclusion of the storm event. The report must:
1. Include the following field sampling results and inspections:
1.1. Analytical methods, reporting units, and detection limits
1.2. Date, location, time of sampling, visual observation and measurements
1.3. Quantity of precipitation of the storm event
2. Description of BMPs and corrective actions taken to manage NAL exceedance
NEL Violation Report
If the project is risk level 3 and an NEL is exceeded, notify the Engineer and submit a NEL Violation Report within 6 hours. The report must:
1. Include the following field sampling results and inspections:
1.1. Analytical methods, reporting units, and detection limits
1.2. Date, location, time of sampling, visual observations and measurements
1.3. Quantity of precipitation of the storm event
2. Description of BMPs and corrective actions taken to manage NEL exceedance
If the project is risk level 2 or risk level 3, submit all sampling results to the Engineer no later than 48 hours after the conclusion of a storm event.
PAYMENT
The contract lump sum price paid for “Water Pollution Control” includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in street sweeping, including disposal of collected material, as shown on the plans, as specified in the Standard Specifications, these special provisions, and as directed by the Engineer.
47 The contract lump sum price paid for prepare storm water pollution prevention plan includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in preparing, obtaining approval of, and amending the SWPPP and CSMP, inspecting water pollution control practices, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer.
The City does not adjust payment for an increase or decrease in the quantity of storm water sampling and analysis day.
You may request or the Engineer may order laboratory analysis of storm water samples. Laboratory analysis of storm water samples will be paid for as extra work under Section 4 - 1.05D, "Extra Work," of the State Standard Specifications.
The City does not pay for the preparation, collection, laboratory analysis, and reporting of storm water samples for non-visible pollutants if WPC practices are not implemented before precipitation or if a failure of a WPC practice is not corrected before precipitation.
The City does not pay for implementation of WPC practices in areas outside the highway right - of-way not specifically provided for in the plans or in the special provisions.
The City does not pay for WPC practices installed at your construction support facilities.
WPC practices for which there are separate bid items of work are measured and paid for as those bid items of work.
STREET SWEEPING
This work includes street sweeping.
The SWPPP must describe and include the use of street sweeping as a water pollution control practice for sediment control and tracking control.
Submittals
At least 5 business days before starting clearing and grubbing, earthwork, or other activities with the potential for tracking sediment or debris, submit:
1. Number of sweepers described in the SWPPP
2. Type of sweeper technology
Quality Control and Assurance
Retain and submit records of street sweeping including:
1. Quantity of sweeping waste disposal
2. Sweeping times and locations
CONSTRUCTION
Street Sweepers
Sweepers must use one of these technologies:
48 1. Mechanical sweeper followed by a vacuum-assisted sweeper
2. Vacuum-assisted dry (waterless) sweeper
3. Regenerative-air sweeper
Operation
Street sweeping must be done at:
1. Paved roads at job site entrance and exit locations
2. Paved areas within the job site that flow to storm drains or water bodies
Street sweeping must be done:
1. During clearing and grubbing activities
2. During earthwork activities
3. During trenching activities
4. During roadway structural section activities
5. When vehicles are entering and leaving the job site
6. After soil disturbing activities
7. After observing offsite tracking of material
Monitor paved areas and roadway within the jobsite. Street sweeping must be done:
1. Within 1 hour, if sediment or debris is observed during activities that require sweeping
2. Within 24 hours, if sediment or debris is observed during activities that do not require sweeping
At least 1 sweeper must be on the job site at all times when sweeping work is required. The sweeper must be in good working order.
Perform street sweeping to minimize dust. If dust generation is excessive or sediment pickup is ineffective, use water or a vacuum.
You may stockpile collected material on the jobsite according to the approved SWPPP. Dispose of collected material at least once per week.
Material collected during street sweeping must be removed and disposed of under Section 7-1.13, "Disposal of Material Outside the Street Right of Way," of the Standard Specifications.
Your WPCM must inspect paved roads at job site access points:
1. Daily if earthwork and other sediment or debris generating activities occur daily
2. Weekly if earthwork and other sediment or debris generating activities do not occur daily
3. When the National Weather Service predicts precipitation with a probability of at least 30 percent
The contract lump sum price paid for “Street Sweeping” includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in street sweeping, including disposal of collected material, as shown on the plans, as specified in the Standard Specifications, these special provisions, and as directed by the Engineer.
SURVEYING SERVICES
49 The Contractor will arrange for performance of survey work and construction layout and will be responsible for the accuracy of surveying adequate for construction. The selection of a Surveyor by the Contractor will be subject to approval by the Engineer. The Contractor shall preserve construction survey stakes and marks for the duration of their usefulness. If any construction survey stakes are lost or disturbed and need to be replaced, such replacement shall be by the Surveyor at the expense of the Contractor. The Contractor will dig all holes necessary for line and grade stakes. Full cost of providing surveys shall be borne exclusively by the Contractor.
Payment for "Surveying Services," shall be at the contract lump sum price as set forth in the proposal and shall include all labor, materials, tools, equipment, and all work necessary for the completion of this item.
MEASUREMENT AND PAYMENT
Payment for "PORTABLE CHANGEABLE MESSAGE SIGN” shall be at the contract unit price as set forth in the proposal and shall include all labor, materials, tools, equipment, traffic control plans and all work necessary for the completion of this item.
Portable changeable message signs ordered by the Engineer in excess of the number shown on the plans or specified in these special provisions will be paid for as extra work under Section 4-1.05, "Changes and Extra Work," of the Standard Specifications.
CLEARING AND GRUBBING
Clearing and grubbing shall conform to the provisions in Section 16, “Clearing and Grubbing,” of the State Specifications and these Special Provisions.
Vegetation shall be cleared and grubbed only within the limits of construction shown in the plans. All existing vegetation, outside the areas to be cleared and grubbed, shall be protected from injury or damage resulting from the work of the Contractor.
Nothing herein shall be construed as relieving the Contractor of his responsibility for final clean up as provided in Section 4-1.13, “Cleanup”, of the State Standard Specifications.
Full compensation for conforming to the requirements of this section shall be considered as included in the price paid for the various contract items of work. The cost for Clearing and Grubbing shall be included within the associated items of work involved and no additional compensation will be made.
REMOVE EXISTING ASPHALT
This section shall consist of performing all operations necessary for the removal and disposal of asphalt pavement and base to a full depth of 3.5” more or less, and all other items necessary to complete the project.
Grindings shall be the property of the contactor.
Nothing herein shall be construed as relieving the Contractor of his responsibility for final clean up as provided in Section 4-1.02, “Final Clean Up,” of the State Standard Specifications.
Grinding operation shall follow Section 42-3, “Grinding”, of the State Standard Specifications.
50 Payment for Item, "REMOVE EXISTING PAV EMENT" shall be at the contract unit price as set forth in the proposal and shall include all labor, materials, tools, equipment, grading, compaction, and all work necessary for the completion of this item.
REMOVE CONCRETE
The contractor shall conform t o the provisions in Section 15 -1.03B, “Removing Concrete,” of the State Specifications and these Special Provisions. The contractor shall remove concrete sidewalk, driveways and other concrete flat work as shown on the plans.
The quantities of Portland cement concrete sidewalk and driveway removed will be measured and paid for by the square foot. Aggregate base shall also be removed and disposed of.
The contract price per square foot for the removal of existing sidewalk, driveway or other concrete flat wor k shall be full compensation for furnishing all labor, materials, tools, equipment and incidentals, for doing all work involved and no additional compensation will be allowed therefor.
Surplus material shall become the property of the Contractor and shall be disposed of at the Contractor’s expense outside the right-of-way.
Payment for “REMOVE EXISTING CONCRETE” shall be at the contract square foot price as set forth in the proposal and shall include all labor, materials, tools, equipment, trenching, backfilling and all work necessary for the completion of this item.
SAWCUT EXISTING CONCRETE AND ASPHALT PAVEMENT
Sawcutting shall conform to the provisions in Section 39, "Asphalt Concrete," and Section 40 “Concrete Pavement,” of the State Standard Specifications and these special provisions. Contractor shall provide a Lead Compliance Plan to the City Engineer for review prior to sawcutting existing concrete and asphalt concrete.
Where no joint exists in concrete on the line at which concrete is to be removed, a straight, neat cut with a power-driven saw shall be made along the line to a minimum depth of 2 inches before removing the concrete.
Existing asphalt shall be sawcut to a minimum depth of 2 inches and asphalt surface that borders the demolition area shall be protected from damage.
Full compensation for conforming to the requirements of this section shall be considered as included in the price paid for the various contract items of work. The cost for sawcutting shall be included within the associated items of work involved and no additional compensation will be made.
REMOVE CURB AND GUTTER
Remove Curb and Gutter shall conform to the provisions in Section 15 -1.03B, “Removing Concrete,” of the State Specifications and these Special Provisions.
51 Where no joint exists in the concrete on the line at which concrete is to be removed, a straight, neat cut with a power-driven saw shall be made along the line to a minimum depth of 2 inches before removing the concrete.
Surplus excavated material shall become the property of the Contractor and shall be disposed of outside the highway right-of-way in accordance with t he provisions in Section 5 -1.20B(4), “Contractor-Property Owner Agreement for Disposal of Material Outside the Highway Right-of-Way,” of the State Specifications.
Payment for “REMOVE EXISTING 6” VERTICAL CURB” and “REMOVE EXISTING 6” VERTICAL CURB AND GUTTER” shall be at the contract linear foot price as set forth in the proposal and shall include all labor, materials, tools, equipment, trenching, backfilling and all work necessary for the completion of this item.
EARTHWORK AND FINE GRADING
This section shall consist of performing all operations necessary for the excavation and filling for rough grading the site, prepare subgrades for walks, pavement, driveways, and any other items needed to complete the project. Section also includes but are not limited to placing fill, compaction pf existing ground and fill, preparing of subgrades for improvements and grading of soil.
Earthwork operation shall follow Section 19-1.01, “Earthwork”, of the State Standard Specifications.
Payment for Item, "EARTHWORK” and “FINE GRADING" shall be at the contract unit price as set forth in the proposal and shall include all labor, materials, tools, equipment, grading, compaction, and all work necessary for the completion of this item.
REMOVE STREETLIGHTS
The Contractor shall remove existing streetlight, streetlight box, and associated electrical material where shown on the plans to be removed. The Contractor shall fill and compact void and patch hole to match existing material and grades.
Nothing herein shall be construed as relieving the Contractor of his responsibility for final clean up as provided in Section 4-1.13, “Cleanup,” of the State Standard Specifications.
All surplus material shall become the property of the City of Merced and shall be delivered to the City of Merced Corporation Yard at 1776 Grogan Avenue, Merced, Ca.
Payment for “REMOVE EXISTING STREET LIGHT” shall be at the contract unit price as set forth in the proposal, and shall include all labor, materials, tools, equipment, and all work necessary for the completion of this item.
REMOVE AND RELOCATE SIGNS
The Contractor shall remove existing sign pole and base where shown on the plans to be removed. The Contractor shall fill and compact void and patch hole to match existing material and grades.
Nothing herein shall be construed as relieving the Contractor of his responsibility for final clean up as provided in Section 4-1.13, “Cleanup,” of the State Standard Specifications.
All surplus material shall become the property of the Contractor and shall be disposed of outside the right-of- way.
52 Payment for “RELOCATE EXISTING STREET SIGN” and “RELOCATE EXISTING WOOD SIGN” shall be at the contract unit price as set forth in the proposal, and shall include all labor, materials, tools, equipment, and all work necessary for the completion of this item.
TREE REMOVAL
Contractor shall remove the trees where shown on the plans. Tree removal shall conform to the provisions in Section 17-2 “Clearing and Grubbing” of the State Specifications and these Special Provisions.
The root ball shall be completely removed and hauled away along with any roots greater that ½ inch in diameter within any structural section of sidewalk, curb and gutter or roadway. The remaining hole shall be backfilled with native soil, compacted to 90% relative compaction, and sodded to match existing landscaping.
Payment for “REMOVE EXISTING TREES” shall be at the contract unit price as set forth in the proposal, and shall include all labor, materials, tools, equipment, and all work necessary for the completion of this item.
TRAFFIC STRIPES AND PAVEMENT MARKINGS
Contractor shall remove existing striping where shown on plans to provide clean and smooth surface for application of proposed striping. 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 2015 State Standard Specifications and these special provisions.
Thermoplastic material shall be free of lead and chromium and shall conform to the requirements in State Specification PTH-02ALKYD.
Retroreflectivity of the thermoplastic traffic stripes and pavement markings shall conform to the requirements in ASTM Designation: D 6359 -99. White thermoplastic traffic stripes and pavement markings shall have a minimum initial retroreflectivity of 250 mcd m-2 lx-1. Yellow thermoplastic traffic stripes and pavement markings shall have a minimum initial retroreflectivity of 150 mcd m-2 lx-1. Green thermoplastic pavement markings shall have a minimum initial retroreflectivity of 75 mcd m-2 lx-1.
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.
Thermoplastic material for traffic stripes shall be applied at a minimum rate of 0.2 lb/ft. The minimum application rate is based on a solid stripe of 4 inches in width.
Thermoplastic traffic stripes shall be applied at the minimum thickness and application rate as specified below.
The minimum application rate is based on a solid stripe of 4 inches in width.
Minimum
Stripe Thickness (inch)
Minimum Application Rate
(lb/ft)
0.079 0.27
0.098 0.34
53 Thermoplastic traffic stripes and pavement markings shall be free of runs, bubbles, craters, drag marks, stretch marks, and debris.
At the option of the Contractor, permanent traffic striping and pavement marking tape conforming to the provisions in "Prequalified and Tested Signing and Delineation Materials" of these special provisions may be placed instead of the thermoplastic traffic stripes and pavement markings specified herein. Permanent tape, if used, shall be installed in conformance with the manufacturer's specifications.
If permanent tape is placed instead of thermoplastic traffic stripes and pavement markings, the tape will be measured and paid for by the linear foot as thermoplastic traffic stripe and by the square foot as thermoplastic pavement marking.
Payment for “REMOVE EXISTING STRIPI NG”, “DIAGONAL PARKING STALL STRIPING”, and “CROSSWALK THERMOPLASTIC STRIPING” shall be at the contract unit price as set forth in the proposal, and shall include all labor, materials, tools, equipment, and all work necessary for the completion of this item.
STRUCTURE REMOVAL
The Contractor shall remove structure and associated material or footings where shown on the plans to be removed. The Contractor shall fill and compact void and patch hole to match existing material and grades.
Nothing herein shall be construed as relieving the Contractor of his responsibility for final clean up as provided in Section 4-1.13, “Cleanup,” of the State Standard Specifications.
All surplus material shall become the property of the Contractor and shall be disposed of outside the right-of- way.
Payment for “REMOVE EXISTING BOLLARD, CONCRETE RAMP, HANDRAIL, 3’ WROUGHT IRON FENCE, BIKE RACK, BENCH, and TRASH CAN” shall be at the contract unit price as set forth in the proposal, and shall include all labor, materials, tools, equipment, and all work necessary for the completion of this item.
REMOVE EXISTING PIPE, VALVES, AND CATCH BASIN
The Contractor shall remove existing storm drain, water line, valves, and catch basins where shown on the plans and as described in these specifications.
Surplus excavated material shall become the property of the Contractor and shall be disposed of outside the highway right-of-way in accordance with the provisions in Section 5 -1.20B(4), “Contractor-Property Owner Agreement for Disposal of Material Outside the Highway Right-of-Way,” of the State Specifications.
Payment for removal of existing storm drain and catch basin shall be in bid items; “REMOVE EXISTING STORM DRAIN CATCH BASIN”, “REMOVE EXISTING 12” STORM DRAIN PIPE”, “REMOVE EXISTING 4” STORM DRAIN PIPE”, “REMOVE EXISTING 16” WATER PIPE”, “REMOVE EXISTING 8” WATER PIPE”, “REMOVE EXISTING 6” WATER PIPE”, “REMOVE EXISTING 16” WATER VALVE”, “REMOVE EXISTING 8” WATER VALVE”, AND “REMOVE EXISTING 6” WATER VALVE”, per the contract per unit pric e as set forth in the proposal and shall include all labor, materials, tools, equipment, trenching, backfilling and all work necessary for the completion of this item.
INSTALL STORM DRAIN
54 The Contractor shall furnish and install ADS-Pipe “SaniTite HP” (High Performance Polypropylene) Pipe, or approved equal, in accordance with the manufacturer’s installation manual and the current City of Merced Standard Designs S-8 (Sanitary Sewer Data) and S-9 (Sewer System Testing), the Plans, and these Special Provisions.
Pipe Requirements
SaniTite HP pipe shall have a smooth interior, and annular exterior corrugations, and shall meet ASTM F2764 with the modifications listed herein.
Joint Performance
The pipe shall be watertight according to the requirements of ASTM D3212 10.8 psi (74kPa) laboratory test.
Spigot shall have two gaskets meeting the requirements of ASTM F477. Gaskets shall be installed by the pipe manufacturer and covered with a removable wrap to ensure the gasket is free from debris. A joint lubricant supplied by the manufacturer shall be used on the gasket and bell during assembly. The pipe shall have a reinforced bell with a polymer composite band installed by the manufacturer.
Fittings shall conform to ASTM F2881 or F2764 for applicable diameters, and be capable of withstanding all operating conditions when installed. Fittings may be molded or fabricated. Fabricated fittings shall be welded at all accessible interior and exterior junctions.
Field Pipe and Joint Performance
To assure water tightness, field performance verification shall be accomplished by testing in accordance with ASTM F2487 for water and F1417 or C1103 for air. Appropriate safety precautions must be used when field- testing any pipe material. Contact the manufacturer for recommended leakage rates.
Material Properties
Polypropylene compound for pipe and fitting production shall be an impact modified copolymer meeting the material requirements of ASTM F2764.
Installation
Installation shall be in accordance with ASTM D2321 and ADS recommended installation guidelines, with the exception that only minimum cover in traffic area shall be one foot. Backfill for minimum cover situations shall consist of Class 1 or Class 2 (minimum 90% SPD) material. Maximum fill heights depend on embedment material and compaction level. Contact the local representative or visit the website at www.ads-pipe.com for a copy of the installation guidelines.
This item shall include trench excavation, bedding, setting of the pipe , stub outs, caps, connections to new catch basin, testing, backfill, compaction, and all conditions described on the plans, and in the applicable City of Merced Standards. The removal of existing storm drain pipe is included in this item.
Where a portion of existing surfacing is to be removed, the outline of the area to be removed shall be cut on a neat line with a power-driven saw to a minimum depth of 0.17-foot before removing the surfacing.
55 Trench excavation and backfill work shall conform to the City of Merced Standards T-1 to T-5 (Trenching and Backfill Requirements) and shall be paid for under this item.
Payment for, “4” ADS STORM DRAINAGE”, “8” ADS STORM DRAINAGE”, “10” ADS STORM DRAINAGE”, and “12” ADS STORM DRAINAGE” shall be at the contract unit price as set forth in the proposal and shall include all labor, materials, tools, equipment, compaction and all work necessary for the completion of this item.
INSTALL CATCH BASIN
The Contractor shall install Catch Basin with circular inlet in accordance with the details contained in the plans, and shall conform to (or match) existing or new flowlines, as shown in the Plans, and City Standards SD-3. This item shall include subgrade preparation, base material, compaction, and all conditions described in the applicable City of Merced Standard Designs.
Payment for “Install Catch Basin,” shall be at the contract unit price as set forth in the proposal and shall include all labor, materials, tools, equipment, compaction, and all work necessary for the completion of this item.
INSTALL MANHOLE
The Contractor shall construct new storm drain manhole where indicated on the plans, provide continuous service (existing mains), provide backfill material, and restore site paving in conformance with the plans.
Manhole frame and cover shall be a D&L Supply Company A-1094 or approved equal. A concrete collar shall be placed around each manhole frame consisting of 4000psi concrete with two #4 rebar loops.
All incoming and out flowing storm mains or laterals shall be extended and re-connected to the new manhole as required, using like materials and C -594 sewer repair couplings with stainless steel shear rings, or an approved alternative method. The Contractor shall install new manhole frames and covers at each site. Reuse of existing frames and covers shall not be permitted. Any sewage spills, or any construction debris that falls into the sewer main, shall be cleaned up at the Contractor’s expense and to the satisfaction of the Engineer.
References:
1. Sewer Manhole Details (S-1)
2. Drop Manhole (S-2)
3. Manhole Frame and Cover (S-3)
4. Large Size Manhole Frame and Cover (S-3A)
5. PCC Collar Pipe Connections (SD-8)
6. Storm Drain Manhole Details (SD-10)
7. Alternate Storm Drain Manhole (SD-11)
Payment for “MANHOLE” shall be at the contract unit price as set forth in the proposal and shall include all work required to complete the project for a
56 Storm Drain Manhole, including but not limited to, all labor, materials, tools, equipment, demolition, excavation, backfill, compaction, resurfacing, and all work necessary for the completion of this item.
ABANDON EXISTING PIPE
The Contractor shall abandon existing 16” water line where removal would cause significant damage to surface materials. The Contractor cap each end shall slurry backfill with no voids in pipe per City of Merced standard specifications.
Payment for removal of existing storm drain and catch basin shall be in bid items; “ABANDON EXISTING 16” WATER LINE” per the contract per unit price as set forth in the proposal and shall include all labor, materials, tools, equipment, trenching, backfilling and all work necessary for the completion of this item.
REMOVE EXISTING GAS LINE
The Contractor shall make the necessary coordination with PG&E to remove existing abandoned gas line where shown on the plans and as described in these specifications. Contractor to confirm with PGE line has been abandoned prior to removal. Contractor responsible for any costs, applications, fees, associated with removal of a PGE gas line.
Surplus excavated material shall become the property of the Contractor and shall be disposed of outside the highway right-of-way in accordance with the provisions in Section 5 -1.20B(4), “Contractor-Property Owner Agreement for Disposal of Material Outside the Highway Right-of-Way,” of the State Specifications.
Payment for removal of existing storm drain and catch basin shall be in bid items; “REMOVE EXISTING GAS LINE”, per the contract per unit price as set forth in the proposal and shall include all labor, materials, tools, equipment, trenching, backfilling and all work necessary for the completion of this item.
REMOVE & REPLACE SUB-BASE AND TRENCH MATERIAL
This section shall consist of performing all operations necessary for the excavation, trenching, off- hauling, importing suitable material for rough sub-grading, removal of watermain and installing of watermain.
Imported material shall be:
Aggregate Subbase -- Aggregate subbase shall be class 3 with and shall conform to the provisions in Section 25 “Aggregate Subbases,” of the State Specifications, the Plans, and these Special Provisions.
Aggregate Base -- Aggregate base shall be Class 2 with and shall conform to the provisions in Section 26 “Aggregate Bases,” of the State Specifications, the Plans, and these Special Provisions. The aggregate shall conform to the ¾-inch maximum grading specified in Section 26-
1.02B, “Class 2 Aggregate Base,” of the State Specifications. See above Section.
Full compensation for conforming to the requirements of this section shall be considered as included in the price paid for the various contract items of work. The cost for “Remove & Replace Sub-Base
57 and Trench Material” shall be included within the associated items of work involved and no additional compensation will be made.
D.I.P. WATER MAIN AND SERVICE
The Contractor shall furnish and install ductile iron pipe according to the City of Merced Standards W-15 & W- 16 (Water System Construction Specifications), the Plans, and these Special Provisions.
All water mains shall be supplied with tyton joints, unless otherwise specified on the plans and shall have a minimum cover of 36 inches on pipes smaller than 12 inches and minimum cover of 42 inches on pipes 12 inches or larger. All trenching shall be per City Standards T-1 through T-5, and the plans. Concrete shall be repaired specifically per City Standard T-2.
The Contractor shall furnish and install temporary backflow device, all bends, tees, reducers, blind flange and all other accessories according to the City of Merced Standards W-8 (Double Check Valve Backflow Preventer), W-9 (Reduced Pressure Principle Backflow Preventer), W-15, W-16, W-17 & W-19 to W-22 (Water System Construction Specifications).
All Hot Mix Asphalt paving and Aggregate Base typically used over water mains in roadways will be covered under other contract items and will not be paid for with this item.
All connections to live mains shall be made in the presence of a City Water Special Inspector, who has the authority to order termination of work if Contractor’s actions are judged to risk the health or safety of the public, as provided in Section 10-1.30 “Inspection Services.”
Payment for, Install D.I.P. Water Main,” shall be at the contract unit price “16” DUCTILE IRON - DOMESTIC”, “12” DUCTILE IRON - DOMESTIC”, “8” DUCTILE IRON - DOMESTIC”, and “6” DUCTILE IRON - DOMESTIC” as set forth in the proposal and shall include all labor, tools, equipment, excavation, compaction, sterilization, concrete paving, and all work necessary for the completion of this item. The removal and replacement of trench material shall be included in this bid item.
GATE VALVE
The Contractor shall install new gate valves as shown on the plans and according to the City of Merced Standard W-15 (Water System Construction Specifications), the Plans, and these Special Provisions. Contractor to install offset gate valves where noted on plans.
All connections to live mains shall be made by a City Water Department Certified Operator.
Payment for, “16” WATER VALVE”, “12” WATER VALVE”, “8” WATER VALVE”, and “6” WATER VALVE” shall be at the contract unit price and shall include all labor, materials, tools, equipment and all work necessary for the completion of this item.
58 HYDRANT
The Contractor shall remove existing fire hydrant(s) assembly at location(s) per plan. Install according to the City of Merced Standards W -2 (Fire Hydrant & Valve Assembly), W -16, W -22 & W -23 (Water System Construction Specifications), provide all trenching, backfill materials, restoration of asphalt co ncrete paving, sidewalk, curb and gutter, and any other work necessary to construct from each fire hydrant to the water main, per the Plans, and these Special Provisions.
Fire hydrants shall be James Jones J-4060A, “wet barrel” with 4’ minimum bury. Acceptable fire hydrants are Mueller “481 H” and Clow “F-960” wet barrel fire hydrants. Connecting pipeline shall be the same material as the water main. Valve box shall be Christy traffic valve box with G5C or G4C cast iron lid, marked “WATER.” Gate valve needed for the installation of the hydrant is included in this item.
Fire hydrant markers shall conform to the provisions in Section 85, “Pavement Markers” of the 2015 State Specifications, the Plans, and these Special Provisions. Pavement markers shall be blu e (2-way) reflective Stimsonite Model No. 88AB or approved equal.
At the option of the Contractor, a hot -melt bituminous adhesive may be used to cement the markers to the pavement, as specified in Section 85-1.02D “Hot Melt Bituminous Adhesive,” of the 2015 State Specifications instead of the Rapid Set or Standard Set Type adhesive.
Payment for “HYDRANT” shall be at the contract unit price as set forth in the proposal for “Hydrant” and shall include the removal and re-installation of a new fire hydrant, gate valve, piping, concrete pad and all work and materials necessary for the completion of this item.
RECONNECT EXISTING WATER METER
The Contractor shall new service lines as shown on the plans and according to the City of Merced Standard W- 15 (Water System Construction Specifications), the Plans, and these Special Provisions. Service lines are to match existing line type, size, and material. Service lines are to be reconnected to the existing water meter and a new tap into the proposed 16” Water main is to be installed. The assumed linear footage of this pipe is part of the “6” DUCTILE IRON – DOMESTIC” bid item and is to be priced assuming it is a 6” pipe.
All connections to live mains shall be made by a City Water Department Certified Operator.
Payment for, “RECONNECT EXISTING WATER METER” shall be at the contract unit price and shall include all labor, materials, tools, equipment and all work necessary for the completion of this item.
STEEL CASING
The Contractor shall install 30” steel casing as shown per detail on the plans and according to the City of Merced Standard W-15 (Water System Construction Specifications), the Plans, and these Special Provisions. Casing joints shall be welded in accordance withawwa standard C-206. Casing spacers with runners shall be provided per detail in plans. A joint shall be installed at each end of casing pipe.
59 Payment for, “30” STEEL CASING” shall be at the contract unit price and shall include all labor, materials, tools, equipment and all work necessary for the completion of this item.
MJ CAP WITH KICKER
The Contractor shall supply a MJ cap where noted on plans. The Contractor shall provide all materials, excavation and equipment. Contractor to exposed trench for City to install MJ cap. Contractor to install kicker and provide the removal and replacement of sub-base and trench materials per the plans and these special provisions.
All connections to live mains shall be made by a City Water Certified Operator.
Payment for “MJ CAP WITH KICKER” shall be at the contract unit price as set forth in the proposal and shall include all labor, materials, tools, equipment and all work necessary for the completion of this item.
DISCONNECTION FROM EXISTING WATER SYSTEM
The Contractor shall supply all the material required to disconnect existing water mains from the live main on Canal Street at all points shown on these plans. Any existing water valves shall be removed and returned to the public works yard.
All connections to live mains shall be made by a City Water Certified Operator.
Payment for “DISCONNECTION FROM EXISTING WATER SYSTEM” shall be at the contract lump sum price as set forth in the proposal and shall include all labor, materials, tools, equipment and all work necessary for the completion of this item.
CONNECTION TO EXISTING WATER SYSTEM
The Contractor shall supply and install a backflow preventer for the initial tie -in to the existing system. The backflow device shall be sufficiently sized to attain a water velocity capable of removing debris. At the Contractor’s option, a small booster pump may be installed downstream of the backflow device. The Contractor shall install a temporary blow -off valve assembly to facilitate flushing the new water main. At the end of satisfactory flushing and sterilization, the Contractor shall remove the backflow device and blow-off assembly and make the final system connection. The Contractor shall provide all materials, excavation and equipment. (If a booster pump is used, a Reduced Pressure Backflow Assembly must be used.)
All connections to live mains shall be made by a City Water Certified Operator.
60 Payment for “CONNECTION TO EXISTING WATER SYSTEM” shall be at the contract lump sum price as set forth in the proposal and shall include all labor, materia ls, tools, equipment and all work necessary for the completion of this item.
INSPECTION SERVICES
At any time that the system is pressure tested, disinfected, or a connection made to the existing system, the Contractor shall not perform this work unless a City Water Special Inspector is present at the immediate site of the pressure test, disinfection or connection to witness and certify this work. The Contractor shall provide notice 48 hours in advance to the City Public Works Department, (209) 385 -6225 that the services of the Special Inspector will be required, including the expected duration of the requirement.
The inspector shall provide written certification to the City, for each and every: Pressure Test Disinfection Bacteriological Sample Collected Connection to an Existing Main
That he has personally collected the bacteriological sample or witnessed the p ressure test, disinfection or connection for the entire time that it was being made, and that proper procedures were followed.
The Contractor is hereby advised that a City Water Special Inspector is not the same person as the regular construction Inspector. Failure to request the services of the Special Inspector or to perform disinfection and connections without his presence will result in sanctions and refusal to accept and pay for the items of work involved.
Full compensation for conforming to the requirements of this section shall be considered as included in the price paid for the various contract items of work involved and no additional compensation will be made.
PRESSURE TESTING AND DISINFECTION
All new water lines shall be completely isolated from any existing main line until they have been tested and disinfected to the satisfaction of the City Water Special Inspector and City Engineer. New main line may be filled from existing main only by temporary tap thereto and through a City approved backflow prevention unit so as to provide positive backflow prevention.
Pipes shall be maintained clean and any chance of major contamination avoided during construction. All new water mains shall be pressure tested in the presence of a City Water Special In spector in accordance with AWWA C 600 prior to disinfection. The test pressure, allowable leakage and test medium shall be as specified below:
Method: AWWA C 600, as modified herein.
61 Duration: Two (2) hours
Test Pressure: 150 psig measured at highest point of section of pipeline being tested.
Medium: Potable Water
Allowable Leakage: Leakage shall be defined as the quantity of test medium that must be added to the section of pipeline being tested to maintain pressure within 5 psig of the test pressure for the specified test duration. Maximum leakage shall be as specified in AWWA C 600.
Following hydrostatic testing, all water mains shall be flushed and disinfected, in the presence of a City Water Special Inspector, in accordance with AWWA Standard C 651-92 and City Standards W-19, W-20 and W-21 (Water System Construction Specifications). Disinfecting chemicals and additives shall comply with the requirements of Title 22, Division 4, Chapter 18 as regulated by the State of California, Department of Health Services, except that tablets are not allowed. Contractor shall use either hypochlorite liquid solution or gaseous chlorine injection. If gas injection is used, it must be done under fully qualified and licensed conditions.
All water used for disinfection will be de-chlorinated and flushing shall be conveyed to a sanitary sewer manhole or to a tank truck supplied by the Contractor for this purpose. No water used for disinfection or flushing shall be allowed into any storm drain or gutter.
Following disinfection and flushing, the Inspector shall take water samples for bacteriological analysis of the water in sterile bottles provided by the laboratory and shall assure sample transport to the laboratory under proper chain of custody procedures. The samples will be analyzed in the City laboratory. If the specified bacteriological requirements are not satisfied, the disinfection procedure must be repeated until the requirements are met. Disinfection and flushing for water mains that have been completely or partially dewatered shall comply with AWWA C 651-92. The cost for all first bacteriological tests shall be paid by the City. Succeeding tests required due to failure of the first test shall become the responsibility of the Contractor who shall pay all costs for retesting.
The City Water Special Inspector shall provide written certification to the City, for each pressure test, each disinfection, and/or each bacterial sample that he has personally witnessed the test or disinfection procedure and that he has personally collected the bacterial sample.
The Contractor shall provide all necessary materials and equipment, and shall perform all work, except for sample collection required for testing and sterilization of the water main. Sampling points shall be at maximum spacing of 200 feet, or as directed by the Engineer.
When the new water main is properly disinfected and the isolation dam is removed from the connection flange or other type of connection is made, extreme care shall be exercised to prevent the entry of contamin ation.
Connection fittings shall be thoroughly swabbed with an approved bactericide immediately prior to their installation.
62 Full compensation for conforming to the requirements of this section shall be considered as included in the price paid for the various contract items of work involved and no additional compensation will be made.
ADJUST UTILITY BOXES TO GRADE
Frames, covers, grates of existing sewer/storm drain manholes, water valve boxes and other utility boxes shall be lowered or raised to final grade of finished asphalt in accordance with the provisions in Section 15 -2.05, “Reconstruction,” of the Standard Specifications. The use of raising devices will not be permitted.
This item shall include removal and protection of the existing water valve boxes and sewer frames and covers, and concrete collars. Grade adjustments shall be made in accordance with the City of Merced Standard Designs S-1, W-2, or requirements of the governing utility owner. Contractor shall replace any water utility boxes and/or sewer frame and covers that are damaged during the construction to current City Standards. Contractor shall coordinate all work with the governing utility company.
Upon completion of placement of final pavement on the street, all utility covers (sewer/storm drain manhole, water valve, other utility manhole, and detector handhole covers, etc.) shall be clean and free of any hot mix asphalt and shall seat securely in their frames.
Payment for "ADJUST UTILITY BOXES TO GRADE,” shall be at the contract unit price as set forth in the proposal and shall include all labor, materials, tools, equipment, disposal, and all work necessary for the completion of this item.
INSTALL CURB AND GUTTER
The Contractor shall install concrete curb and gutter in accordance with the current City of Merced Standard SCG-1 (Sidewalk, Curb and Gutter Section) and SCG-4 (General Requirements – Sidewalk, Curb and Gutter), the Plans, and these Special Provisions. This item shall include subgrade excavation and preparation, aggregate base material placement and compaction, concrete, rebar, and all conditions described on the plans and in the applicable City of Merced Standard Designs.
Unless the curb replacement is for an entire length of the property frontage, curb height and gutter pan width shall match existing adjacent curb dimensions.
Where curb replacement covers a full property frontage, the curb height and/or gutter pan width shall be City Standard SCG-1 dimensions. Transition curb and gutter dimensions over a distance of 3 feet from existing to City Standard SCG-1 dimensions.
63 10-1.20A Aggregate Base -- Aggregate base shall be Class 2 with 4 inches minimum depth and shall conform to the provisions in Section 26 “Aggregate Bases,” of the State Specifications, the Plans, and these Special Provisions. The aggregate shall conform to the ¾-inch maximum grading specified in Section 26-1.02B, “Class Aggregate Base,” of the State Specifications.
Curb and gutter quantities are based on face of curb length rounded off to the nearest foot regardless of curb section dimensions.
Actual work quantities to be paid are those quantities marked and agreed upon in the field between the Engineer and the Contractor prior to demolition. No additional repairs beyond the limits marked and agreed upon in the field as actual quantities will be paid therefor.
Payment for "6” VERTICAL CURB” and “6” VERTICAL CURB AND GUTTER” shall be at the contract unit price as set forth in the proposal and shall include all labor, materials, tools, equipment, backfill, Class 2 aggregate base, compaction and all work necessary for the completion of this item.
SIDEWALK AND ACCESS RAMPS
The Contractor shall install concrete sidewalk and handicap ramps in accordance with the details shown on the Plans, and these Special Provisions. This item shall include subgrade preparation, aggregate base material, compaction, and all conditions described herein and as detailed on the plans. Ramps to include all railing, truncated domes, and materials necessary as detailed on plans.
Aggregate Subbase -- Aggregate subbase shall be class 3 with and shall conform to the provisions in Section 25 “Aggregate Subbases,” of the State Specifications, the Plans, and these Special Provisions.
Aggregate Base -- Aggregate base shall be Class 2 with and shall conform to the provisions in Section 26 “Aggregate Bases,” of t he State Specifications, the Plans, and these Special Provisions. The aggregate shall conform to the ¾ -inch maximum grading specified in Section 26 -1.02B, “Class 2 Aggregate Base,” of the State Specifications. See above Section.
The concrete sidewalk and access ramps shall have a minimum thickness of 4-inch, minimum 5-sack, minimum 3,000psi, slump of 4-inches +/- 1-inch, match the existing adjacent concrete walk finish and in accordance with the Plans, and these Special Provisions.
The concrete walk shall have ½” felt expansion joint to be installed at 60’ maximum intervals and control joints spaced every 10’ on center.
The Contractor shall uniformly moisture condition subgrade to optimum moisture content to a depth of 12” and compact existing sub-grade to 90%, but not more than 95%, followed by Caltrans Class 2 aggregate. See above for AB requirements.
Actual work quantities to be paid are those quantities marked and agreed upon in the field between the Engineer and the Contractor prior to demolition. No additional repairs beyond the limits marked and agreed upon in the field, as actual quantities will be paid therefor.
64 Payment for “PEDESTRIAN CONCRETE” and “CONCRETE RAMP W/ HANDRAIL” shall be at the contract square foot price as set forth in the proposal a nd shall include all labor, materials, tools, equipment, backfill, aggregate base, compaction, and all work necessary for the completion of this item.
DECORATIVE CONCRETE
The Contractor shall install decorative concrete in accordance with the details shown on the Plans, and these Special Provisions. This item shall include subgrade preparation, aggregate base material, compaction, and all conditions described herein and as detailed on the plans. Decorative patterns and coloring are part of this bid item. Contractor to work with City to determine final design prior to construction.
Aggregate Subbase -- Aggregate subbase shall be class 3 with and shall conform to the provisions in Section 25 “Aggregate Subbases,” of the State Specifications, the Plans, and these Special Provisions.
Aggregate Base -- Aggregate base shall be Class 2 with and shall conform to the provisions in Section 26 “Aggregate Bases,” of the State Specifications, the Plans, and these Special Provisions. The aggregate shall conform to the ¾ -inch maximum grading specified in Secti on 26 -1.02B, “Class 2 Aggregate Base,” of the State Specifications. See above Section.
The decorative concrete shall have a minimum thickness of 4-inch, minimum 5-sack, minimum 3,000psi, slump of 4-inches +/- 1-inch, match the existing adjacent concrete walk finish and in accordance with the Plans, and these Special Provisions.
The concrete walk shall have ½” felt expansion joint to be installed at 60’ maximum intervals and control joints spaced every 10’ on center.
The Contractor shall uniformly moisture condition subgrade to optimum moisture content to a depth of 12” and compact existing sub-grade to 90%, but not more than 95%, followed by Caltrans Class 2 aggregate. See above for AB requirements.
Actual work quantities to be paid are those quantities marked and agreed upon in the field between the Engineer and the Contractor prior to demolition. No additional repairs beyond the limits marked and agreed upon in the field, as actual quantities will be paid therefore.
Payment for “DECORATIVE CONCRETE” shall be at the contract square foot price as set forth in the proposal and shall include all labor, materials, tools, equipment, backfill, aggregate base, compaction, and all work necessary for the completion of this item.
VEHICULAR CONCRETE
The Contractor shall install six -inch (6”) vehicular concrete in accordance with the current City of Merced Standard Drawing D-7 for commercial driveway, the Plans, and these Special Provisions. This item shall include subgrade preparation, aggregate base material, compaction, and all conditions described in the applicable City of Merced Standard Designs.
The vehicular concrete shall have a minimum thickness of 6-inch, minimum 5-sack mix (Class B), maximum 4- inch slump, match the existing adjacent concrete driveway finish and in accordance with the current City of Merced Standard Drawing D-7, the Plans, and these Special Provisions.
65 The Contractor shall to a depth of 12-inches, uniformly moisture condition the existing sub-grade to optimum moisture content and compact to at least 90%, but not more than 95% relative compaction as determined by ASTM D1557 followed by 4” thick of Caltrans Class 2 aggregate base compacted to 95% relative compaction.
This item shall include subgrade preparation, aggregate base material, c ompaction, and all conditions described in the applicable City of Merced Standard Designs.
Compacted aggregate base shall be required at 4 inches minimum depth prior to pouring the concrete driveway.
Payment for "VEHICULAR CONCRETE," shall be at the contract square foot price as set forth in the proposal and shall include all labor, materials, tools, equipment, backfill, aggregate base, compaction, and all work necessary for the completion of this item.
AGGREGATE BASE
The Contractor shall furnish and ins tall aggregate base in accordance with the current City of Merced Standards, the Plans, and these Special Provisions.
Aggregate base shall be Class 2 and conforms to the ¾ -inch maximum grading provisions in Section 26, “Aggregate Bases” of the State Standard Specifications. Native subgrade material shall be moisture conditioned to at least 3% above the optimum moisture content, compacted to at least 90% but not more than 95% relative compaction as determined by ASTM D1557A.
Full compensation for “Aggregate Base,” shall be paid for under the individual items for sidewalk, curb & gutter, driveways, and handicap ramp.
Payment for Aggregate Base under the asphalt paving patch shall be at the contract unit price as set forth in the proposal and shall include all labor, materials, tools, equipment, compaction and all work necessary for the completion of this item.
ASPHALT PAVEMENT
This work shall consist of removing existing asphalt, preparing subgrade, applying tack coat, subgrade excavation, preparation and compaction, aggregate base material placement and compaction, and hot mix asphalt placement and compaction in accordance with the plans and these Special Provisions. Canal Street may be closed, and traffic control must be provided.
Hot Mix Asphalt – Hot Mix Asphalt shall be Type A in accordance with the provisions in Section 39, “Hot Mix Asphalt” of the State Specifications.
Hot mix asphalt shall conform to Section 39 of the State Specifications and shall be HMA Type A using PG 64-10 asphalt binder. Aggregate used in the base and intermediate layers shall be ¾" maximum, medium grading and the final wearing course should be Type A, ½” maximum, medium grading. Sections of paving to receive greater than 3” of new hot mix asphalt shall be paved in two separate lifts. Hot mix asphalt shall be spread in the number of layers indicated in Section 39-6, “Spreading and Compacting” of the State Standard Specifications and shall be compacted with approved equipment as delineated in the State Specifications.
66 Hot mix asphalt shall be produced at an established commercial mixing plant. The aggregate and asphalt binder shall be heated and mixed thoroughly.
Prior to spreading hot mix asphalt, a paint binder of asphaltic emulsion shall be furnished and applied uniformly to contact surfaces of all cold pavement joints, curbs, gutters and to other surfaces designated by the Engineer.
A paint binder (tack coat) of asphaltic emulsion shall be applied to the vertical and flat areas to be surfaced in accordance with Section 39-4 of the State Standard Specifications. Prime coat will not be required on base rock. Asphaltic emulsion shall be type SS1 unless otherwise permitted by the engineer.
Removal and Disposal – Existing surfacing and any other materials within the saw cut or milled lines shall be removed to a depth of approximately 1.50 feet.
Thickness – The compacted thickness of hot mix asphalt shall be 3-inchs where specified on the plans, and shall be placed in two (2) lifts or in compliance with the State Specifications.
Payment for “ 2.5” AC/6” AB” and “2” GRIND AND OVERLAY” shall be at the contract square foot price as set forth in the proposal and shall include all labor, materials, tools, equipment, compaction, and all work necessary for the completion of this item. The removal and replacement of sub-base material shall be included in this item.
TACK COAT APPLICATION
Immediately prior to placing the final asphalt lift, a tack coat of asphalt cement shall be applied to all edges where new asphalt is placed against existing pavement surfaces and along the outside edge of the gutter pan and in all vertical surfaces. The tack coat shall be applied uniformly at a rate of 0.02 – 0.10 gal/yd² of surface covered. The application temperature shall be a minimum 290°F to assure uniform distribution. The contractor shall make every effort to keep the gutter pan clean and shall apply the tack coat adjacent to the gutter pan with a handheld applicator nozzle. Contractor shall thoroughly remove asphalt cement and clean any surfaces not scheduled for overlay.
Payment for, “Tack Coat Application,” shall be considered as included in the price paid for Item 10-1.26, “Asphalt Pavement” as set forth in the proposal and no additional compensation will be made. This includes all labor, materials, tools, equipment, and all work necessary to complete this item.
CHRISTMAS TREE TIE AREA
Contractor shall protect existing tie down area for Plaza Christmas Tree. The tie down point covers are to be raised to grade. Any impact to current footings shall be replaced or repaired in kind. The existing outlet to be
67 maintained and raised to grade. All labor, materials, tools, equipment, and all work necessary to maintain a functioning Christmas Tree support area to its current capacity shall be part of this bid item.
Payment for “CHRISTMAS TREE TIE AREA” shall be at the contract unit price as set forth in the proposal, and shall include all labor, materials, tools, equipment, and all work necessary for the completion of this item.
RAISED PLANTER, ITEM #3
Complete, in place, including excavation, base preparation, compaction, backfill, planting backfill mix and placement, formwork, reinforcement, masonry core, veneer, wall ties and other appurtenances, skate deterrents, and wall cap, and shop d rawings and other submittals. Measurement and payment shall be per lineal foot.
Payment for “RAISED PLANTER, ITEM #3,” shall be at the contract unit price as set forth in the proposal, and shall include all labor, materials, tools, equipment, and all work necessary for the completion of this item.
LOW SCREEN WALL, EDGES OF PARKING AREA, ITEM #4
Complete, in place, including excavation, base preparation, compaction, backfill, formwork, reinforcement, masonry core, veneer, and wall cap, and shop drawings and other submittals. Measurement and payment shall be per lineal foot.
Payment for “LOW SCREEN WALL, EDGES OF PARKING AREA, ITEM #4” shall be at the contract unit price as set forth in the proposal, and shall include all labor, materials, tools, equipment, and all work necessary for the completion of this item.
LOW SCREEN WALL BEHIND STAGE, ITEM #10
Complete, in place, including excavation, base preparation, compaction, backfill, formwork, reinforcement, masonry core, veneer, and wall cap, and shop drawings and other submittals. Measurement and payment shall be per lineal foot.
Payment for “LOW SCREEN WALL BEHIND STAGE, ITEM #10” shall be at the contract unit price as set forth in the proposal, and shall include all labor, materials, tools, equipment, and all work necessary for the completion of this item.
BUILT IN BENCH SEATING, ITEM #5
Complete, in place, including excavation, base preparation, compaction, backfill, formwork, reinforcement, masonry core, veneer, wall ties and other appurtenances, skate deterrents, and wall cap, and shop drawings and other submittals. Measurement and payment shall be per lineal foot.
Payment for “BUILT IN BENCH SEATING, ITEM #5” shall be at the contract unit price as set forth in the proposal, and shall include all labor, materials, tools, equipment, and all work necessary for the completion of this item.
68 LOW WALL ALONG EDGE OF STAGE, ITEM #13
Complete, in place, including excavation, base preparation, compaction, backfill, formwork, reinforcement, masonry core, veneer, wall ties and other appurtenances, skate deterrents, and wall cap, and shop drawings and other submittals. Measurement and payment shall be per lineal foot.
Payment for “LOW WALL ALONG EDGE OF STAGE, ITEM #13” shall be at the contract unit price as set forth in the proposal, and shall include all labor, materials, tools, equipment, and all work necessary for the completion of this item.
BRICK BAND, PLAZA 2’ WIDE, ITEM #2
Pavers complete, in place, including subgrade preparation and all work and materials through finish surface, and submittals. Measurement and payment shall be per lineal foot.
Payment for “BRICK BAND, PLAZA 2’ WIDE, ITEM #2” shall be at the contract unit price as set forth in the proposal, and shall include all labor, materials, tools, equipment, and all work necessary for the completion of this item.
BRICK BAND, STAGE 20” WIDE, ITEM #11
Pavers complete, in place, including subgrade preparation and all work and materials through finish surface, and submittals. Measurement and payment shall be per lineal foot.
Payment for “BRICK BAND STAGE 20” WIDE, ITEM #11” shall be at the contract unit price as set forth in the proposal, and shall include all labor, materials, tools, equipment, and all work necessary for the completion of this item.
PIPE HANDRAIL, ITEM #9
Pipe handrail, complete in place, including subgrade preparation, footings, all materials needed for shop fabrication and field installation, and finish, and submittals. Measurement and payment shall be per lineal foot.
Payment for “PIPE HANDRAIL, ITEM #9” shall be at the contract unit price as set forth in the proposal, and shall include all labor, materials, tools, equipment, and all work necessary for the completion of this item.
BOLLARDS, REMOVABLE, ITEM #16
Bollard, complete, in place, with excavation, subgrade prep, drain rock, sleeves and all other materials needed for complete installation, finishing, and submittals. Measurement and payment shall be per each.
69 Payment for “BOLLARDS, REMOVABLE, ITEM #16” shal l be at the contract unit price as set forth in the proposal, and shall include all labor, materials, tools, equipment, and all work necessary for the completion of this item.
BENCH, ITEM #9
Bench, complete, in place, with all materials needed for comple te installation, finishing, and submittals.
Measurement and payment shall be per each.
Payment for “BENCH, ITEM #9” shall be at the contract unit price as set forth in the proposal, and shall include all labor, materials, tools, equipment, and all work necessary for the completion of this item.
TRASH RECEPTACLE, ITEM #17
Trash receptacle, complete, in place, with all materials needed for complete installation, finishing, and submittals. Measurement and payment shall be per each.
Payment for “TRASH RECEPTACLE, ITEM #17” shall be at the contract unit price as set forth in the proposal, and shall include all labor, materials, tools, equipment, and all work necessary for the completion of this item.
BIKE RACK, ITEM #15
Bike, complete, in place, with all materials needed for complete installation, finishing, and submittals.
Measurement and payment shall be per each.
Payment for “BIKE RACK, ITEM #15” shall be at the contract unit price as set forth in the proposal, and shall include all labor, materials, tools, equipment, and all work necessary for the completion of this item.
IRRIGATION SYSTEM, RENOVATE EXISTING AND ADD NEW
Irrigation system, complete, in place, downstream from point of connection, including POC equipment, control system, valves, pipe, fittings, heads, emitters, bubblers, and all accessories, appurtenances, trenching and backfilling, and incidental work, warranty, and modifications to existing system as needed to complete the Work of this Project. Measurement and payment shall be per Lump Sum.
Payment for “IRRIGATION SYSTEM, RENOVATE EXISTING AND ADD NEW” shall be at the contract unit price as set forth in the proposal, and shall include all labor, materials, tools, equipment, and all work necessary for the completion of this item.
PLANTING
Tree or shrub in place including excavation, water basin ring, planting backfill mix, watering, warranty, and surace restoration per applicable details and standards. Measurement and payment shall be per each.
70 Payment for “TREE – 24” BOX”, “SHRUBS, 5-GALLON”, AND “SHRUBS, 1-GALLON” shall be at the contract unit price as set forth in the proposal, and shall include all labor, materials, tools, equipment, and all work necessary for the completion of this item.
BARK MULCH – 3” AT PLANTER AREAS
Mulch in place including delivery, placement and clean up. Measurement and payment shall be per square foot.
Payment for “BARK MULCH – 3” AT PLANTER AREAS” shall be at the contract unit price as set forth in the proposal, and shall include all labor, materials, tools, equipment, and all work necessary for the completion of this item.
SOIL PREPARATION
Soil preparation including testing, subgrade preparation, provision and incorporationg of amendments, removal of rock or other unsutiable material, application of pre-emergents and finish grading. Measurement and payment shall be per square foot.
Payment for “SOIL PREPARATION” shall be at the contract unit price as set forth in the proposal, and shall include all labor, materials, tools, equipment, and all work necessary for the completion of this item.
PLANT ESTABLISHMENT AND 90 DAY MAINTENANCE
Maintenance of the complete landscape system including planting and irrigation systems, and miscellaneous improvements. Measurement and payment shall be per square foot.
Payment for “PLANT ESTABLISHMENT AND 90 DAY MAINTENANCE” shall be at the contract unit price as set forth in the proposal, and shall include all labor, materials, tools, equipment, and all work necessary for the completion of this item.
STAGE BACKDROP WALL, ITEM #12
Wall complete, in place, including excavation, subgrade preparation and compaction, backfilling, formwork, reinforcement, concrete placements, masonry, veneers, precast stone, metal fabrications including lettering and connections, finishes and painting, coordination with electrical components including conduit and boxes, shop drawings, product samples and submittals. Measurement and payment shall be per lump sum.
Payment for “STAGE BACKDROP WALL, ITEM #12” shall be at the contract unit price as s et forth in the proposal, and shall include all labor, materials, tools, equipment, and all work necessary for the completion of this item.
REPAINT EXISTING FENCE, ITEM #8
71 Clean and prepare existing fence for painting, paint fence including primer and paint, clean-up and touch-up.
Measurement and payment shall be as lump sum.
Payment for “REPAINT EXISTING FENCE, ITEM #8” shall be at the contract unit price as set forth in the proposal, and shall include all labor, materials, tools, equipment, and all work necessary for the completion of this item.
REPAIR CLOCK, ITEM #7
Clean and prepare existing clock base, fill and form repair to match existing design, prep for painting, paint including primer and paint, clean-up and touch-up. Measurement and payment shall be as lump sum.
Payment for “REPAIR CLOCK, ITEM #7” shall be at the contract unit price as set forth in the proposal, and shall include all labor, materials, tools, equipment, and all work necessary for the completion of this item.
STEP LIGHTS SHOWN ON ELECTRICAL PLANS
Step lights, complete, in place, with all materials needed for complete installation, finishing, and submittals.
Measurement and payment shall be per each.
Payment for “STEP LIGHTS SHOWN ON THE ELECTRICAL PLANS” shall be at the contract unit price as set forth in the proposal, and shall include all labor, materials, tools, equipment, and all work necessary for the completion of this item.
STERNBERG SITE LIGHTING
Sternberg Site Lighting, complete, in place, with all materials needed for complete installation, finishing, and submittals. Measurement and payment shall be per each.
Payment for “STERNBERG SITE LIGHTING” shall be at the contract unit price as set forth in the proposal, and shall include all labor, materials, tools, equipment, and all work necessary for the completion of this item.
DUPLEX OUTLETS WITH IN-USE COVERS
Duplex outlets with in -use covers, complete, in place, with all materials needed for complete installation, finishing, and submittals. Measurement and payment shall be per each.
Payment for “DUPLEX OUTLETS WITH IN-USE COVERS” shall be at the contract unit price as set forth in the proposal, and shall include all labor, materials, tools, equipment, and all work necessary for the completion of this item.
ELECTRICAL MATERIALS AND INSTALLATION
Electrical materials and installation - including saw cutting, trenching, and backfilling, conduit, wire, circuit breakers, time clocks, controls, terminations, connections, etc. all as required to make a functional electrical
72 system for the lights and outlets as shown on the electrical plans. Measurement and payment shall be as lump sum.
Payment for “ELECTRICAL MATERIALS AND INSTALLATION” shall be at the contract unit price as set forth in the proposal, and shall include all labor, materials, tools, equipment, and all work necessary for the completion of this item.
RESTORATION
The Contractor shall restore all areas adjacent to the construction area and areas affected during construction to their preconstruction condition. Specifically included in this item are all concrete and asphalt pavement, signs, concrete curb and gutter, curb drains, driveway and alley approach, sidewalk, pavement markings, landscaping, and irrigation, fencing and all items damaged during construction.
The Contractor shall also modify any water sprinkler service that has to be moved back of the new sidewalk so that it remains functional after modification. Contractor shall make the modifications using the same type of materials as the existing system, or materials as approved by the Engineer. Contractor shall remove sidewalk formwork, cleanup and backfill with soil and re-sod to match existing landscaping.
Payment for "Restoration," shall be at the lump sum price paid as set forth in the proposal and shall include all labor, materials, tools, equipment, compaction, and all work necessary for the completion of this item.
AS-BUILT DRAWINGS
Record Drawings shall be submitted before the notice of completion is filed and must include the following:
• Shall be submitted on Mylar, at least 24”x 36”, and shall bear the name, address, telephone number of the firm preparing the drawings and in electronic (AutoCAD) format. • Surveyor’s/Engineers statement (with embossed or wet seal and with and original signature on each sheet) shall verify the as-built drawings reflect the true conditions in the field. • Contractor’s statement (with original signature on each sheet) shall verify all construction specifications and product qualities have been met or exceeded.
• “AS-BUILT DRAWINGS” or “RECORD DRAWINGS” shall be clearly labeled on each sheet. • The location and elevation of the benchmark referenced will be shown on the drawing. • Corrected placement, grade, elevation and alignment of roads, water system, sewer and storm system, lighting system and appurtenances, pipe sizes, material changes, shall all be shown on as-built drawing. • All horizontal distances shall be shown to the nearest tenth of a foot (0.1’). All elevations shall be shown to the nearest five hundredths of a foot (0.05’).
Full compensation for conforming to the requirements of this section shall be considered as included in the price paid for the various contract items of work involved and no additional compensation will be made.
73 EXHIBIT “C” – SPECIAL CONDITIONS
ARTICLE 1 BONDS
Within ten (10) calendar days from the date the Contractor is notified of award of the Contract, the Contractor shall deliver to the City four identical counterparts of the Performance Bond and Payment Bond on the forms supplied by the City and included as Exhibit “F” to the Contract. Failure to do so may, in the sole discretion of City, result in the forfeiture of Contractor’s bid security. The surety supplying the bond must be an admitted surety insurer, as defined in Code of Civil Procedure Section 995.120, authorized to do business as such in the State of California and satisfactory to the City. The Performance Bond and the Payment Bond shall be for one hundred percent (100%) of the Total Contract Price.
74 U.S. DEPARTMENT OF THE TREASURY
CORONAVIRUS STATE FISCAL RECOVERY FUND
AWARD TERMS AND CONDITIONS
1 Use of Funds
a. Recipient understands and agrees that the funds disbursed under this award may only be used in compliance with sections 602(c) and 603(c) of the Social Security Act (the Act) and Treasury’s regulations implementing that section arid guidance.
b. Recipient will determine prior to engaging in any project using this assistance that it has the institutional, managerial, and financial capability to ensure proper planning, management, and completion of such project.
2 Period of Performance The period of performance for this award begins on the date hereof and ends on December 31, 2026. As set forth in Treasury’s implementing regulations, Recipient may use award funds to cover eligible costs incurred during the period that begins on March 5, 2021 and ends on December 31, 2024.
3 Reporting. Recipient agrees to comply with any reporting obligations established by Treasury, as it relates to this award.
4. Maintenance of and Access to Records
a, Recipient shall maintain records and financial documents sufficient to evidence compliance with sections 602(c) and 603(c), Treasury’s regulations implementing those sections, and guidance regarding the eligible uses of funds. b. The Treasury Office of Inspector General and the Government Accountability Office, or their authorized representatives, shall have the right of access to records (electronic and otherwise) of Recipient in order to conduct audits or other investigations.
c. Records shall be maintained by Recipient for a period of five (5) years after all funds have been expended or returned to Treasury, whichever is later.
5. Pre-award Costs Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with fun ding from this award
6. Administrative Costs. Recipient may use funds provided under this award to cover both direct and indirect costs.
7. Cost Sharing Cost sharing or matching funds are not required to be provided by Recipient.
8. Conflicts of Interest Recipient understands and agrees it must maintain a conflict of interest policy consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy is applicable to each activity funded under this award. Recipient and subrecipients must disclose in writing to Treasury or the pass-through entity, as appropriate, any potential conflict of interest affecting the awarded funds in accordance with 2 C.F.R. § 200.112.
9 Compliance with Applicable Law and Regulations.
a. Recipient agrees to comply with the requirements of sections 602 and 603 of the Act, regulations adopted by Treasury pursuant to sections 602(I) and 603(I) of the Act, and guidance issued by Treasury regarding the foregoing.
Recipient also agrees to comply with all other applicable federal statutes, regulations, and executive orders, and Recipient shall provide for such compliance by other parties in any agreements it enters into with other parties relating to this award.
b. Federal regulations applicable to this award include, without limitation, the following:
i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may determine are inapplicable to this Award and subject to such exceptions as may be otherwise provided by Treasury. Subpart F Audit Requirements of the Uniform Guidance, implementing the Single Audit Act, shall apply to this award. ii. Universal Identifier and System for Award Management (SAM), 2 C.F,R. Part 25, pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is hereby incorporated by reference. iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170, pursuant to which the
75 award term set forth in Appendix A to 2 C.F.R. Part 170 is hereby incorporated by reference. iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement), 2 C.F.R.
Pan 180, including the requirement to include a term or condition in all lower tier covered transactions (contracts and subcontracts described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R.
Part 180 and Treasury’s implementing regulation at 3 l C.F.R. Pan 19. v. Recipient Integrity and Performance Matters, pursuant to which the award term set forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by reference. vi. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20. vii. New Restrictions on Lobbying, 3 I C.F, R. Part 21, viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. §§ 4601- 4655) and implementing regulations.
ix. Generally applicable federal environmental laws and regulations. c. Statutes and regulations prohibiting discrimination applicable to this award, include, without limitation, the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the basis of race, color, or national origin under programs or activities receiving federal financial assistance;
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1568 (42 U.S.C. §§ 3601 et seq.), which prohibits discrimination in housing on the basis of race, color, religion, national origin, sex, familial status, or disability.
iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of disability under any program or activity receiving federal financial assistance; iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit discrimination on the basis of age in programs or activities receiving federal financial assistance; and v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§ 12101 et seq.), which prohibits discrimination on the basis of disability under programs, activities, and services provided or made available by state and local governments or instrumentalities or agencies thereto.
10 Remedial Actions In the event of Recipient’s noncompliance with sections 602 and 603 of the Act, other applicable Jaws, Treasury’s implementing regulations, guidance, or any reporting or other program requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of future award funds, if any, or take other available remedies as set forth its 2 C.F.R. § 200.339. In the case of a violation of sections 602(c) or 603(c) of the Act regarding the use of funds, previous payments shall be subject to recoupment as provided in sections 602(e) and 603(e) of the Act,
11 Hatch Act Recipient agrees to comply, as applicable, with requirements of thc Hatch Act (5 U.S.C. §§ 1501 -1508 and 7324-7328), which limit certain political activities of State or local government employees whose principal employment is in connection with an activity financed in whole or in part by this federal assistance.
12 False Statements Recipient understands that making false statements or claims in connection with this award is a violation of federal law and may result in criminal, civil, or administrative sanctions, including fines, imprisonment, civil damages and penalties, debarment from participating in federal awards or contracts, and/or any other remedy available by law.
13 Publications Any publications produced with funds from this award must display the following language: “This project [is being] [was] supported, in whole or in part, by federal award number [enter project FAJN] awarded to City of Merced by the U.S. Department of the Treasury.”
14 Debts Owed the Federal Government
a. Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally determined to be authorized to retain under the terms of this award; (2) that are determined by the Treasury Office of Inspector General to have been misused; or (3) that are determined by Treasury to be subject to a repayment obligation pursuant to
76 sections 602(e) and 603(e) of the Act and have not been repaid by Recipient shall constitute a debt to the federal government.
b. Any debts determined to be owed the federal government must be paid promptly by Recipient. A debt is delinquent if ii has not been paid by the date specified in Treasury’s initial kitten demand for payment, unless other satisfactory arrangements have been made or if the Recipient knowingly or improperly retains funds that are a debt as defined in paragraph 14(a). Treasury will take any actions available to it to collect such a debt.
15. Disclaimer
a. The United States expressly disclaims any and all responsibility or liability to Recipient or third persons for the actions of Recipient or third persons resulting in death, bodily injury, property damages, or any other losses resulting in any way from the performance of this award or any other losses resulting in any way from the performance of this award or any contract, or subcontract under this award. b. The acceptance of this award by Recipient does not in any way establish an agency relationship between the United States and Recipient.
16 Protections for Whistleblowers
a. In accordance with 4 l U.S.C. § 47 12. Recipient may not discharge, demote, or otherwise discriminate against an employee in reprisal for disclosing to any of the list of persons or entities provided below, information that the employee reasonably believes is evidence of gross mismanagement of a federal contract or grant, a gross waste of federal funds, an abuse of authority relating to a federal contract or grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal contract (including the competition for or negotiation of a contract) or grant.
b. The list of persons and entities referenced in the paragraph above includes the following:
i. A member of Congress or a representative of a committee of Congress; ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or management; v. An authorized official of the Department of Justice or other law enforcement agency; vi. A court or grand jury; or
vii. A management official or other employee of Recipient, contractor, or subcontractor who has the responsibility to investigate, discover, or address misconduct. c. Recipient shall inform its employees in writing of the rights and remedies provided under this section, in the predominant native language of the workforce.
17 Increasing Seat Belt Use in the United States Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), Recipient should encourage its contractors to adopt and enforce on-the-job scat belt policies and programs for their employees when operating company-owned, rented or personally owned vehicles.
18 Reducing Text Messaging While Driving Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), Recipient should encourage its employees, subrecipients, and contractors to adopt and enforce policies that ban text messaging while driving, and Recipient should establish workplace safety policies to decrease accidents caused by distracted drivers.
77 OMB Approved No. 1505 -0271
Expiration Date: 11/30/202l
ASSURANCE OF COMPLIANCE WITH CIVIL RIGHTS REQUIREMENTS
ASSURANCE OF COMPLIANCE WITH TITLE VI OF THE
CIVIL RIGHTS ACT OF 1964
As a condition of receipt of federal financial assistance front the Department of the Treasury, the City of Merced (hereinafter referred to as “the Recipient”) provides the assurances stated herein. The federal financial assistance may include federal grants, loans and contracts to provide assistance to the recipient’s beneficiaries, the use or rent of Federal land or property at below mark et value, Federal training, a loan of Federal personnel, subsidies, and other arrangements with the intention of providing assistance. Federal financial assistance does not encompass contracts of guarantee or insurance, regulated programs, licenses, procurement contracts by the Federal government at market value, or programs that provide direct benefits.
This assurance applies to all federal financial assistance from or funds made available through the Department of the Treasury, including any assistance that the Recipient may request in the future.
The Civil Rights Restoration Act of 1987 provides that the provisions of this assurance apply to all of the recipient's programs, services and activities, so long as any portion of the recipient’s program(s) is f ederally assisted in the manner proscribed above.
1. Recipient ensures its current and future compliance with Title VI of the Civil Rights Act of 1964, as amended, which prohibits exclusion from participation, denial of the benefits of, or subjection to discrimination under programs and activities receiving federal funds, of any person in the United States on the ground of race, color, or national origin (42 U.S.C. § 2000d et seq.), as implemented by the Department of the Treasury Title VI regulations at 31 CFR Part 22 and other pertinent executive orders such as Executive Order 13166; directives; circulars; policies; memoranda and/or guidance documents.
2. Recipient acknowledges that Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency,” seeks to improve access to federally assisted programs and activities for individuals who, because of national origin, have Limited English proficiency (LEP). Recipient understands that denying a person access to its programs, services, and activities because of LEP is a form of national origin discrimination prohibited under Title VI of the Civil Rights Act of 1964 and the Department of the Treasury’s implementing regulations. Accordingly, Recipient shall initiate reasonable steps, or comply with the Department of the Treasury’s directives, to ensure that LEP persons have meaningful access to its programs, services, and activities. Recipient understands and agrees that meaningful access may entail providing language assistance services, including oral interpretation and written translation where necessary, to ensure effective communication in the Recipient’s programs, services, and activities.
3. Recipient agrees to consider the need for language services for LEP persons during development of applicable budgets and when conducting programs, services and activities. As a resource, the Department of the Treasury has published its LEP guidance at 70 FR 6067. For more information on LEP, please visit http:www.lep.gov
4. Recipient acknowledges and agrees that compliance with this assurance constitutes a condition of continued receipt of federal financial assistance and is binding upon Recipient and Recipient’s successors, transferees and assignees for the period in which such assistance is provided.
5. Recipient acknowledges and agrees that it must require any sub-grantees, contractors, subcontractors, successors, transferees, and assignees to comply with assurances I fi above, and agrees to incorporate the following language in every contract or agreement subject to Title VI and its regulations between the Recipient and the Recipient’s sub-grantees, contractors, subcontractors, successors, transferees, and assignees:
The sub-grantee, contractor, subcontractor, successor, transferee, arid assignee shall comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal financial assistance from excluding from a program or activity, denying benefits of, or otherwise
78 discriminating against a person on the basis of race, color, or national origin (42 U.S.C. ,§ 2000d et seq.), as implemented by the Department of the Treasury’s Title VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made a part of this contract (or agreement). Title W also includes protection for persons with “Limited English Proficiency” in any program or activity receiving federal financial assistance. 42 U.S.C. § 2000d et seq,, as implemented by the Department of the Treasury ’s Title VI regulations. 31 CFR Part 22. and herein incorporated by reference and made a part of this contract or agreement.
6. Recipient understands and agrees that if any real property or structure is provided or improved with the aid of federal financial assistance by the Department of the Treasury, this assurance obligates the Recipient, or in the case of a subsequent transfer, the transferee, for the period during which the real property or structure is used for a purpose for which the federal financial assistance is extended or for another purpose involving the provision of similar services or benefits. If a personal property is provided, this assurance obligates the Recipient for the period during which it retains ownership or possession of the property.
7 Recipient shall cooperate in any enforcement or compliance review activities by the Department of the Treasury of the aforementioned obligations. Enforcement may include investigation, arbitration, mediation, litigation, and monitoring of any settlement agreements that may result from these actions.
That is, the Recipient shall comply with information requests, on-site compliance reviews, and reporting requirements.
8 Recipient shall maintain a complaint log and inform the Department of the Treasury of any complaints of discrimination on the grounds of race, color, or national origin, and limited English proficiency covered by Title VI of the Civil Rights Act of 1964 and implementing regulations and provide, upon request, a list of all such reviews or proceedings based on the complaint, pending or completed, including outcome. Recipient also must inform the Department of the Treasury if Recipient has received no complaints under Title VI..
9. Recipient must provide documentation of an administrative agency’s or court’s findings of non- compliance of Title VI and efforts to address the non-compliance, including any voluntary compliance or other agreements between the Recipient and the administrative agency that made the finding. If the Recipient settles a case or matter alleging such discrimination, the Recipient must provide documentation of the settlement. If Recipient has not been the subject of any court or administrative agency finding of discrimination, please so state.
10. If the Recipient makes sub-awards to other agencies or other entities, the Recipient is responsible for ensuring that sub-recipients also comply with Title VI and other applicable authorities covered in this document State agencies that make sub-awards must have in place standard grant assurances and review procedures to demonstrate that that they are effectively monitoring the civil rights compliance of sub-recipients.
The United Slates of America has the right to seek judicial enforcement of the terms of this assurances document and nothing in this document alters or limits the federal enforcement measures that the United States may take in order to address violations of this document or applicable federal law.
Under penalty of perjury, the undersigned official(s) certifies that he/she has read and understood its obligations as herein described, that any information submitted in conjunction with this assurance document is accurate and complete, and that the Recipient is in compliance with the aforementioned nondiscrimination requirements.
Recipient Date
Signature of Authorized Official:
81 EXHIBIT “F” – PAYMENT AND PERFORMANCE
BONDS
82 PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
THAT WHEREAS, the City of Merced (hereinafter referred to as “City”) has awarded to ____________________, (hereinafter referred to as the “Contractor”) _______________________ an agreement for ______________________________ (hereinafter referred to as the “Project”).
WHEREAS, the work to be performed by the Contractor is more particularly set forth in the Contract Documents for the Project dated ________________, (hereinafter referred to as “Contract Documents”), the terms and conditions of which are expressly incorporated herein by reference; and
WHEREAS, the Contractor is required by said Contract Documents to perform the terms thereof and to furnish a bond for the faithful performance of said Contract Documents.
NOW, THEREFORE, we, _______________, the undersigned Con tractor and _____________________________________________ as Surety, a corporation organized and duly authorized to transact business under the laws of the State of California, are held and firmly bound unto the City in the sum of _________________________ __ DOLLARS, ($____________), said sum being not less than one hundred percent (100%) of the total amount of the Contract, for which amount well and truly to be made, we bind ourselves, our heirs, executors and administrators, successors and assigns, jointl y and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that, if the Contractor, his or its heirs, executors, administrators, successors or assigns, shall in all things stand to and abide by, and well and truly keep and perfor m the covenants, conditions and agreements in the Contract Documents and any alteration thereof made as therein provided, on its part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their intent and meaning; and shall faithfully fulfill all obligations including the one-year guarantee of all materials and workmanship; and shall indemnify and save harmless the City, its officers and agents, as stipulated in said Contract Documents, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.
As a condition precedent to the satisfactory completion of the Contract Documents, unless otherwise provided for in the Contract Documents, the above obligation s hall hold good for a period of one (1) year after the acceptance of the work by City, during which time if Contractor shall fail to make full, complete, and satisfactory repair and replacements and totally protect the City from loss or damage resulting from or caused by defective materials or faulty workmanship, Surety shall undertake and faithfully fulfill all such obligations. The obligations of Surety hereunder shall continue so long as any obligation of Contractor remains. Nothing herein shall limit the City’s rights or the Contractor or Surety’s obligations under the Contract, law or equity, including, but not limited to, California Code of Civil Procedure section 337.15.
Whenever Contractor shall be, and is declared by the City to be, in default unde r the Contract Documents, the Surety shall remedy the default pursuant to the Contract Documents, or shall promptly, at the City’s option:
83 (1) Take over and complete the Project in accordance with all terms and conditions in the Contract Documents; or
(2) Obtain a bid or bids for completing the Project in accordance with all terms and conditions in the Contract Documents and upon determination by Surety of the lowest responsive and responsible bidder, arrange for a Contract between such bidder, the Surety and the City, and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract p rice” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any amount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
(3) Permit the City to complete the Project in any manner consistent with local, California and federal law and make available as work progresses sufficient funds to pay the cost of completion of the Project, less the balance of the contract price, including other costs and damages for which Surety may be liable. The term “balance of the contract price” as used in this paragraph shall mean the total amount payable to Contractor by the City under the Contract and any modification thereto, less any a mount previously paid by the City to the Contractor and any other set offs pursuant to the Contract Documents.
Surety expressly agrees that the City may reject any contractor or subcontractor which may be proposed by Surety in fulfillment of its obligations in the event of default by the Contractor.
Surety shall not utilize Contractor in completing the Project nor shall Surety accept a bid from Contractor for completion of the Project if the City, when declaring the Contractor in default, notifies Surety of the City’s objection to Contractor’s further participation in the completion of the Project.
The Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the Contract Documents or to the Project, including but not limited to the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__).
(Corporate Seal)
Contractor/ Principal
By
Title
84 (Corporate Seal) Surety
By
Attorney-in-Fact
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached.
(Attach Attorney-in-Fact Certificate) Title
The rate of premium on this bond is ____________ per thousand. The total amount of premium charges, $_______________________________.
(The above must be filled in by corporate attorney.)
THIS IS A REQUIRED FORM
Any claims under this bond may be addressed to:
(Name and Address of Surety) ___________________________________________ ___________________________________________
___________________________________________
(Name and Address of Agent or ___________________________________________ Representative for service of
process in California, if different ___________________________________________ from above)
___________________________________________
(Telephone number of Surety and ___________________________________________ Agent or Representative for service
of process in California)
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
85 Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s)
Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
86 Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s)
Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
87 PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS That
WHEREAS, the City of Merced (hereinafter designated as the “City”), by action taken or a resolution passed ___________ , 20 ____has awarded to ________________ hereinafter designated as the “Principal,” a contract for the work described as follows:
_____________________________________________________ (the “Project”); and WHEREAS, the work to be performed by the Principal is more particularly set forth in the Contract Documents for the Project dated __________________ (“Contract Documents”), the terms and conditions of which are expressly incorporated by reference; and WHEREAS, said Principal is required to furnish a bond in connection with said contract; providing that if said Principal or any of its Subcontractors shall fail to pay for any materi als, provisions, provender, equipment, or other supplies used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code or for any a mounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of said Principal and its Subcontractors with respect to such work or labor the Surety on this bond will pay for the same to the extent hereinafter set forth.
NOW THEREFORE, we, the Principal and __________________________ as Surety, are held and firmly bound unto the City in the penal sum of ______________ Dollars ($___________) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his or its subcontractors, heirs, executors, administrators, successors or assigns, shall fail to pay any of the persons named in Section 9100 of the Civil Code, fail to pay for any materials, provisions or other supplies, used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department or Franchise Tax Board from the wages of employees of the contractor and his subcontractors pursuant to Section 18663 of the Revenue and Taxation Code, with respect to such work and labor the Surety or Sureties will pay for the same, in an amount not exceeding the sum herein above specified.
This bond shall inure to the benefit of any of the persons named in Section 9100 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.
It is further stipulated and agreed that the Surety on this bond shall not be exonerated or released from the obligation of this bond by any change, extension of time for performance, addition, alteration or modification in, to, or of any contract, plans, specifications, or agreement pertaining or relating to any scheme or work of improvement herein above described, or pertaining or relating to the furnishing of labor, materials, or equipment therefore, nor by any change o r modification of any terms of payment or extension of the time for any payment pertaining or relating to any scheme or work of improvement herein above described, nor by any rescission or
88 attempted rescission of the contract, agreement or bond, nor by any conditions precedent or subsequent in the bond attempting to limit the right of recovery of claimants otherwise entitled to recover under any such contract or agreement or under the bond, nor by any fraud practiced by any person other than the claimant seeking to recover on the bond and that this bond be construed most strongly against the Surety and in favor of all persons for whose benefit such bond is given, and under no circumstances shall Surety be released from liability to those for whose benefit such bond has been given, by reason of any breach of contract between the owner or City and original contractor or on the part of any obligee named in such bond, but the sole conditions of recovery shall be that claimant is a person described in Section 9100 of the Civil Code, and has not been paid the full amount of his claim and that Surety does hereby waive notice of any such change, extension of time, addition, alteration or modification herein mentioned and the provisions of sections 2819 and 2845 of the California Civil Code.
IN WITNESS WHEREOF, we have hereunto set our hands and seals this _______ day of ______________, 20__.
(Corporate Seal)
Contractor/ Principal
By
Title
(Corporate Seal) Surety
By
Attorney-in-Fact
Title
Signatures of those signing for the Contractor and Surety must be notarized and evidence of corporate authority attached. A Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
NOTE: A copy of the Power-of-Attorney authorizing the person signing on behalf of the Surety to do so must be attached hereto.
89 Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/s he/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s)
Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
90 Notary Acknowledgment
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF ______________
On , 20___, before me, _______________________________, Notary Public, personally
appeared , who proved to me on the basis of satisfactory
evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT Individual
Corporate Officer
Title(s) Title or Type of Document
Partner(s)
Limited
General Number of Pages
Attorney-In-Fact
Trustee(s)
Guardian/Conservator Date of Document
Other:
Signer is representing:
Name Of Person(s) Or Entity(ies)
Signer(s) Other Than Named Above
91 APPENDIX
92 CITY OF MERCED STANDARD DESIGNS
THE FOLLOWING STANDARDS ARE FOR REFERENCE ONLY
REFER TO THE CITY OF MERCED WEBSITE FOR THE COMPLETE LISTING OF
STANDARD DETAILS
https://www.cityofmerced.org/departments/engineering/standard-designs/
93 STATE GENERAL PREVAILING WAGE RATES
General prevailing wage determination
Made by the Director of Industrial Relations
Pursuant to California Labor Code part 7,
Chapter 1, article 2, sections 1770, 1773, and 1773.1
__________________________________________________
State of California Department of Industrial Relations Website:
http://www.dir.ca.gov/OPRL/PWD/index.htm
94 LOCATION MAP
95 PUCHASING DEPARTMENT DRIVING DIRECTIONS
96 REGULATION VIII – FUGITIVE PM10 PROHIBITIONS
97 98
99