Cover and TOC for bid doc - Citrus Heights, CA
Transcription
Cover and TOC for bid doc - Citrus Heights, CA
PLEASE READ THIS IMPORTANT ANNOUNCEMENT BEFORE DOWNLOADING OR PRINTING THIS DOCUMENT It is the bidder’s responsibility to register with the General Services Department to ensure the bidder is placed on the Plan Holder’s List for this project. Please e-mail GSD-Mailbox with the following information: − − − − Company Name Contact Name and e-mail address Mailing Address Phone and Fax numbers It is also the bidder’s responsibility to check this website for any updated information at least 24 hours prior to the scheduled bid opening. Following are the Bid Specifications for: 2016 Residential Street Resurfacing Project Project Number – 22-16-001 TABLE OF CONTENTS Page NOTICE TO CONTRACTORS .............................................................................................N-1 INSTRUCTIONS TO BIDDERS ............................................................................................. I-1 PROPOSAL ........................................................................................................................... P-1 BID SCHEDULE ................................................................................................................... P-3 BIDDER'S BOND................................................................................................................... P-5 CONTRACTOR’S LICENSE CERTIFICATE ........................................................................ P-7 NON-COLLUSION AFFIDAVIT ............................................................................................ P-8 DESIGNATION OF SUBCONTRACTORS ............................................................................ P-9 EXPERIENCE/QUALIFICATIONS STATEMENT ................................................................ P-11 FINAL SIGNATURE AND PROPOSAL ACKNOWLEDGEMENT PAGE ............................. P-12 CONTRACT...........................................................................................................................C-1 FAITHFUL PERFORMANCE BOND ..................................................................................FB-1 PAYMENT (LABOR AND MATERIALS) BOND ................................................................. PB-1 CONTRACTOR’S CERTIFICATE REGARDING WORKERS’ COMPENSATION ............. WC-1 CONTRACT CHANGE ORDER ........................................................................................ CO-1 SPECIAL PROVISIONS SECTION A - DESCRIPTION OF PROJECT Contract Documents .......................................................................................................... SP-1 Changes in Work ................................................................................................................ SP-2 Equal Employment Opportunity ....................................................................................... SP-14 SECTION B - GENERAL REQUIREMENTS Definitions and Terms ...................................................................................................... SP-15 Proposal Requirements and Conditions .......................................................................... SP-15 Award and Execution of Contract and Insurance Requirements ...................................... SP-16 Beginning of Work, Time of Completion and Liquidated Damages................................... SP-24 Scope of Work ................................................................................................................. SP-24 Control of Work ................................................................................................................ SP-26 Control of Materials ......................................................................................................... SP-26 i Page Legal Relations and Responsibility .................................................................................. SP-26 Measurement and Payment ............................................................................................. SP-26 Anti-Trust Claim Assignment ............................................................................................ SP-32 Prosecution and Progress ............................................................................................... SP-32 Permits and Codes .......................................................................................................... SP-32 Apprenticeship Requirements .......................................................................................... SP-33 Subcontracting ................................................................................................................. SP-34 Performance of Subcontractors and Suppliers ................................................................ SP-34 Permits and Licenses ...................................................................................................... SP-35 Statistical Testing ............................................................................................................ SP-35 Highway Construction Equipment .................................................................................... SP-36 Equipment Rental Rates .................................................................................................. SP-36 Sound Control Requirements .......................................................................................... SP-37 Hazardous Waste in Excavation ....................................................................................... SP-37 Referenced Specifications ............................................................................................... SP-37 Safety ............................................................................................................................. .SP-38 Warranty Bond.................................................................................................................. SP-39 SECTION C - WAGE AND EQUIPMENT RATES Prevailing Wage Rates .................................................................................................... SP-39 Payroll Record ................................................................................................................. SP-40 Equipment Rental Rates .................................................................................................. SP-41 Extract of Public Works Contract Award .......................................................................... SP-42 Department of Industrial Relations/Division of Apprenticeship Standards ................................................................................. SP-43 SECTION D - GENERAL CONSTRUCTION DETAILS Scope of Work ................................................................................................................. SP-44 Reference ........................................................................................................................ SP-44 Pre-Construction Conference .......................................................................................... SP-44 Construction Schedules .................................................................................................... SP-44 Weekly Statement of Working Days ................................................................................. SP-44 Verifications of Conditions ............................................................................................... SP-45 Substitutions .................................................................................................................... SP-45 Underground Utilities ....................................................................................................... SP-45 Materials and Tests ......................................................................................................... SP-45 City Furnished Materials .................................................................................................. SP-46 Sequence of Constructing to Maintain Traffic .................................................................. SP-46 Obstructions .................................................................................................................... SP-46 Contractor's Responsibility .............................................................................................. SP-46 Construction Upon Private Property ................................................................................ SP-47 As-Built Drawings ............................................................................................................. SP-47 ii TECHNICAL SPECIFICATIONS Section 1. 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.11 1.12 1.13 1.14 1.15 Page Contractual Responsibilities Location .......................................................................................................TS-1 Description of Project ................................................................................. TS-1 Time of Completion .....................................................................................TS-1 Liquidated Damages....................................................................................TS-1 Insurance Requirements .............................................................................TS-1 Order of Work ..............................................................................................TS-1 Water Pollution Control................................................................................TS-2 Public Notification ........................................................................................TS-4 Traffic Control ..............................................................................................TS-5 Construction Survey/Staking (BI).................................................................TS-6 Preconstruction Photographs (BI)................................................................TS-7 Potholing .....................................................................................................TS-8 Submittals....................................................................................................TS-9 Project Appearance .....................................................................................TS-9 Preservation of Property ............................................................................TS-10 Section 2. 2.01 2.02 2.03 2.04 2.05 2.06 2.07 2.08 2.09 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 Construction Details Mobilization (BI) .........................................................................................TS-10 Clearing and Grubbing (BI) ........................................................................TS-11 Roadway Excavation and Grading (BI)......................................................TS-12 Aggregate Base Class 2 (BI) .....................................................................TS-13 Over Excavation (BI) .................................................................................TS-14 Minor Pavement Reconstruction (BI) .........................................................TS-14 Pavement Planing (Wedge and Conform Grinding) (BI) ............................TS-15 THIS SECTION INTENTIONALLY LEFT BLANK ......................................TS-17 Pre-Resurfacing Preparation .....................................................................TS-17 Leveling Course (BI) ..................................................................................TS-18 THIS SECTION INTENTIONALLY LEFT BLANK ......................................TS-19 Pavement Reinforcing Fabric (BI)..............................................................TS-19 Asphalt Concrete, Type A (BI) ...................................................................TS-21 Shoulder Backing (BI)................................................................................TS-24 Type B Drop Inlet (BI) ................................................................................TS-25 Construct 48” Storm Drain Manhole (BI) ...................................................TS-25 Polypropylene Storm Drain Pipe (BI) .........................................................TS-26 Raising and Lowering Utility Frames and Covers (BI) ...............................TS-26 Traffic Striping and Pavement Markings (BI) .............................................TS-29 Reflective Pavement Markers (BI) .............................................................TS-29 Minor Concrete (BI) ...................................................................................TS-30 Coordination with Refuse Collection Services ...........................................TS-33 THIS SECTION INTENTIONALLY LEFT BLANK ......................................TS-34 THIS SECTION INTENTIONALLY LEFT BLANK ......................................TS-34 Supplemental Work (BI) ............................................................................TS-34 Construction & Demolition Debris Recycling .............................................TS-34 iii APPENDIX A) B) C) D) Plan Sheets Construction Details Insurance and Surety Information Sheet Construction & Demolition Debris Recycling • Exhibit A: C&D Debris Waste Management Plan • Exhibit B: C&D Debris Recycling Waste Log E) State Wage Decision iv CITY OF CITRUS HEIGHTS NOTICE TO CONTRACTORS SEALED BIDS will be received at the office of the City Clerk, City Hall, 7927 Auburn Boulevard, Citrus Heights, California, until the hour of 2:00 PM on Thursday, August 4, 2016 at which time they will be publicly opened and read for the 2016 Residential Street Resurfacing Project, City of Citrus Heights, California. The work to be performed consists, in general, of placing asphalt concrete overlay on various streets including placement of leveling course; minor pavement reconstruction; pavement grinding, constructing curb and gutter, construction storm drains and drainage inlets, adjusting manholes and valves boxes to grade; restoring traffic striping, legends and markings; and all other works as shown on the contract documents. An electronic copy of the plans, specifications, contract documents and proposal forms is available on the City’s website at no cost. For any bidder who obtains the electronic form of documents from the City or any other source, it is that bidder's responsibility to register with the General Services Department to ensure the bidder is placed on the Plan Holder’s List for this project in order to receive notification of addenda or other important information related to the project. You will be given an opportunity to register for the plan holders list when you click the download link on the website. The documents may also be obtained at the office of the General Services Department, City Hall, 7927 Auburn Boulevard, Citrus Heights, California, with a charge of $50.00 for pick up and $65.00 for mailing, which is not refundable. It is the bidder's responsibility to check the City's website for any updated information at least 24 hours prior to the scheduled bid opening. Bids are required for the entire work described herein. A MANDATORY pre-bid conference is scheduled to be held on WEDNESDAY, July 27, 2016, at 9:00 AM in the Grand Oaks Large Conference Room at Citrus Heights City Hall, 7927 Auburn Boulevard, Citrus Heights, CA 95610. Bidders must be present at the Pre-Bid Conference no later than the scheduled start time. A bidder’s FAILURE TO ATTEND the mandatory pre-bid conference, to arrive after the advertised start time, or to leave the meeting prior to its conclusion shall render any bid submitted by that bidder to be deemed non-responsive and the bid shall not be considered for award. Decision by the City on this matter shall be final. In accordance with the provisions of Section 1770 of the Labor Code of the State of California, the Director of the Department of Industrial Relations has ascertained the general prevailing rate of wages applicable to the work to be done in accordance with the standards set forth in Section 1773 and which is filed in the office of the City Clerk. Minimum wage rates for this project are set forth in Section C of the Special Provisions. If there is a difference between the minimum wage rates predetermined by the Director N-1 of Industrial Relations for similar classifications of labor, the Contractor and his/her subcontractors shall not pay less than the higher wage rate. The successful bidder will be required to post a copy of the general prevailing rates per diem wages in a conspicuous place at the job site forthwith upon undertaking the public work called for herein. The successful bidder shall also keep an accurate certified payroll record in accordance with requirement set forth in Section 1776 of the Labor Code of the State of California and Section C (Titled "Wage and Equipment Rates") of this specification. Each bidder submitting a bid for any portion of the work contemplated by the documents on which bidding is based, shall execute and attach thereto an affidavit substantially in the form herein provided to the effect that he/she has not entered into a collusive agreement with any other person, firm or corporation in regard to any bid submitted. Before executing any subcontract, bidder shall submit the name of any proposed subcontractor in the form provided. No DBE goal has been established for this project. Also, each bidder submitting a bid for any portion of the work contemplated by these specifications shall execute and attach thereto a certification with regard to the performance of previous contracts or subcontracts subject to the Equal Opportunity Clause and the filing of required reports. The City of Citrus Heights, in accordance with Title VI of the Civil Rights Act of 1964, (78 Stat. 252), and the regulations of the Department of Commerce (15 C.F.R., Part 8) issued pursuant to such Act, hereby notified all bidders that it will affirmatively insure that the contract entered into pursuant to this advertisement will be awarded to the lowest, responsive responsible bidder without discrimination on the ground of race, sex, color or national origin. No bid will be accepted unless it is made on a proposal form furnished by the General Services Director. Each bid must be accompanied by cash, cashier's check, certified check or Bidder's Bond made payable to the City of Citrus Heights in the amount of 10% of the total bid amount, such guaranty to be forfeited should the bidder to whom the contract is awarded fail to enter into the contract. The bid bonds for the three acceptable lowest bidders shall be retained until the City Council has accepted the successful bidder. All other Bidder's Bonds shall be returned to the bidder five (5) working days after bid opening. The bidder whose proposal is accepted shall be permitted to substitute designated securities for any moneys withheld by the City of Citrus Heights to insure performance under the contract. This right of substitution shall be exercised in the manner and subject to the conditions specified in the contract documents. N-2 Attention is directed to the General Requirements, Section B, of the specifications for compliance with the insurance requirements. Insurance is to be placed with insurers with a Best's rating of no less than A:VII. Pursuant to Executive Order 11246, as amended, on Equal Employment Opportunity, a prime Contractor and any subcontractor who signs a contract on a Federally-assisted construction project is required to take affirmative action toward equal employment opportunity and is required under certain conditions to present written affirmative action programs. At pre-construction conferences, the successful bidder and his/her known principal subcontractors shall be required to present and discuss the approach of the previously submitted written Affirmative Action Program, as required in these specifications, to be taken by the successful bidder and subcontractors to implement the requirements of affirmative action for equal employment and training in accordance with said Executive Order, or as amended. The successful Bidder will be required to furnish, prior to the performance of any work hereunder, a payment bond in an amount equal to one hundred percent (100%) of the Contract price, and a faithful performance bond in an amount equal to one hundred percent (100%) of the Contract price. The bonds must be approved by the City. Attention is directed to the General Requirements, Section B, of the specifications for compliance with the employment of apprentices by the Contractor or any subcontractor under him/her. As a condition precedent to the completion of this contract, the Contractor shall furnish a Warranty Bond, in a form acceptable to the City in an amount of one hundred percent (100%) of the total contract price plus change orders, to hold good for a period of one year after the completion and acceptance of the work, to protect the City against the results of defective materials, quality of work, and equipment during that time. This bond shall be delivered to the City before the final payment under this contract will be made. Bidders are hereby notified that in accordance with the provisions of Public Contracts Code section 22300, securities may be substituted for any monies, which the City may withhold pursuant to the terms of this Contract to insure performance. Each bond must be furnished by a company, acceptable to the City, that is authorized and licensed by the Insurance Commissioner as an “admitted surety insurer” and which maintains at least one officer in California for conducting business. Prior to such approval, the surety shall provide the documentation required by California Civil Code Section 995.660. If any surety becomes unacceptable to the City or fails to furnish reports as to financial condition, as requested by the City, the successful Bidder shall promptly furnish such additional surety as may be required from time to time to protect the interests of the City and of persons supplying labor or materials in the prosecution of the work pursuant to the Contact. Time of completion of the work is 35 working days from the date of issuance of the Notice to Proceed by the City Engineer. N-3 The City of Citrus Heights reserves the right to reject any or all bids or portions thereof, to accept a bid or portion thereof and to waive any minor informality or irregularity. Bid protests must be submitted in writing to the attention of the City Clerk before 4:00 pm of the 7th calendar day following the bid opening. For Contracts not involving Federal Funds, no bid will be accepted from a Contractor who has not been licensed in accordance with the provisions of Chapter 9, Division III, of the Business and Professions Code, Section 7000 et seq., known as the Contractors License Law. For Contracts involving Federal Funds, no bid will be awarded to a contractor who has not been licensed in accordance with the provisions of Chapter 9, Division III, of the Business and Professions Code, Section 7000 et seq., known as the Contractors License Law. The license classification required for this project is Class “A”: General Engineering Contractor or “C-12”: Earthwork and Paving Contractor. Amy Van, City Clerk 7-19-2016 Date N-4 CITY OF CITRUS HEIGHTS INSTRUCTIONS TO BIDDERS 1. It is the contractor’s responsibility to register with the General Services Department to ensure they are placed on the Plan Holder’s List for this project in order to receive notification of addenda or other important information related to the project. It is also the contractor’s responsibility to check the website for any updated information 24 hours prior to the scheduled bid opening. 2. The following documents must be included with the contractor’s bid package: (a) All Proposal Forms (b) Signed and dated cover page of each addendum issued, if any 3. INSPECTION OF SITE: Bidders are required to inspect the site of the work to satisfy themselves by personal examination or by such other means, as they may prefer, of the location of the proposed work and of the actual conditions at the project site. Inspections shall be between the hours of 7:30 a.m. and 5:00 p.m. on weekdays only. Submission of a bid by the bidder shall constitute acknowledgement that, if awarded the contract, the bidder has relied and is relying on its own examination of (a) the site of work, (b) access to the site, and (c) all other data and matters requisite to the fulfillment of the work and on its own knowledge of the facilities on and in the vicinity of the site of the work to be constructed under the contract. All questions regarding these bid documents, technical specifications, the bid process, etc., shall be made in writing to the project manager, Stuart Hodgkins, at shodgkins@citrusheights.net, with a copy to the project assistant at GSD-Mailbox@citrusheights.net. 4. MANDATORY PRE-BID CONFERENCE: A pre-bid conference is scheduled to be held on Wednesday, July 27, 2016 at 9:00 AM in Grand Oaks Large Conference Room at Citrus Heights City Hall, 7927 Auburn Boulevard, Citrus Heights, CA 95610. Bidders must be present at the Pre-Bid Conference no later than the scheduled start time. A bidder’s FAILURE TO ATTEND the mandatory pre-bid conference, to arrive after the advertised start time, or to leave the meeting prior to its conclusion shall render any bid submitted by that bidder to be deemed non-responsive and the bid shall not be considered for award. Decision by the City on this matter shall be final. All persons attending the pre-bid conference will be asked to identify themselves and the company they represent and to sign an attendance form, giving their name, address, telephone number, and e-mail address or attaching a business card. 5. PLANS AND SPECIFICATIONS MUTUALLY EXPLANATORY: The project Plans and Specifications are intended to be explanatory of each other. Any work indicated in the Plans and not in the Specifications or vice versa, is to be executed as if indicated in both. Should any discrepancy appear, or misunderstanding arise as to the impact of anything contained in either, the explanation of the City Engineer in relation thereto shall prevail. I-1 The work shall be performed and completed according to the true spirit, meaning, and intent of the Plans and Specifications. All work shown on the drawings, the dimensions of which are not figures, shall be accurately followed to the scale to which the drawings are made, but figured dimensions are in all cases to be followed where given though they may differ from scaled measurements. Large-scale and or full-size drawings shall be followed in preference to small-scale drawings. Any discrepancies found in the dimensions shall be brought to the immediate attention of the Engineer. 6. PREPARING AND SUBMITTING BIDS. Bids shall be made on the Bid Proposal forms prepared by the General Services Director and provided herewith in ORIGINAL form, and submitted in a SEALED ENVELOPE. All signatures, valid bonds and notary acknowledgments must be complete for a bid to be accepted by the date of the bid opening. Bids shall give the prices proposed in figures and shall give all other information requested herein. The bidder or its authorized representative shall sign all bid forms as indicated. Submittal of all bids shall be in accordance with the Notice to Contractors and these Instructions to Bidders. Attention is directed to the paragraph 2 of these instructions for a list of documents that must be included with the Contractor’s bid. Bidders must satisfy themselves of the accuracy of the estimate of the quantities of the work to be done by personal examination of the location of the proposed work and by examination of the Plans and Specifications of the work. Bidders shall not, at any time after the submission of a bid, dispute or complain of such estimate or assert that there was any misunderstanding in regard to the nature or amount of work to be done. Each bidder shall examine the bidding documents carefully and not later than seven working days prior to the date for receipt of bids, shall make written request to the Engineer for interpretations or correction of any ambiguity, inconsistency, or error therein which he may discover. Any interpretation or correction by Addendum securely attached to the Contractor’s bid shall be binding. No bidder shall rely upon any interpretation or correction given by any other method. Each bidder represents that its bid is based upon the materials and equipment described in the bidding documents, Plans and Specifications. Before the award of the Contract, any bidder may be required to furnish evidence satisfactory to the City and to the City’s Representative of the necessary facilities, ability and pecuniary resources to fulfill the conditions of the Contract. 7. BID SCHEDULE: Bid prices shall include everything necessary for the completion of construction and fulfillment of the contract including, but not limited to, furnishing all materials, equipment, tools plant and other facilities, and all management, superintendence, labor, required testing and other necessary services. Bid prices shall also include allowance for all federal, state and local taxes. 8. BIDDER’S BOND: Each bid must be accompanied by cash, cashier's check, certified check or Bidder's Bond made payable to the City of Citrus Heights in the amount of 10% of the total bid amount, such guaranty to be forfeited should the bidder to whom the contract is awarded fail to enter into the contract. I-2 9. CONTRACTOR’S LICENSE FORM: Each bidder shall complete the Contractor’s License Form included with the Proposal forms. Bidder shall be licensed in accordance with the Notice to Contractors. 10. NON-COLLUSION AFFIDAVIT: Each bidder submitting a bid for any portion of the work contemplated by the documents on which bidding is based, shall execute and attach thereto an affidavit substantially in the form herein provided to the effect that he/she has not entered into a collusive agreement with any other person, firm or corporation in regard to any bid submitted. 11. LIST OF SUBCONTRACTORS: Each bidder shall have listed on the form provided, the name, address and description of the work, of each subcontractor to whom the bidder proposed to sublet portions of the work. For the purpose of this paragraph, attention is directed to the provisions in Section 8-1.01, "Subcontracting," and Section 2, “Proposal Requirements and Conditions,” and Section 3, “Award and Execution of Contract,” of the Standard Specifications and these special provisions with regard to subcontracted portions of the work. Pursuant to the provisions in Section 1777.1 of the Labor Code, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a subcontractor on a public works project. This list of debarred contractors is available from the Department of Industrial Relations web site at: http://www.dir.ca.gov/DLSE/debar.html. No DBE goal has been established for this project. 12. EXPERIENCE: Each bidder shall complete the Experience/Qualifications Statement included with the Proposal forms. 13. ACTIONS ON PROPOSALS: The bid bonds for the three acceptable lowest bidders shall be retained until the City Council has accepted the successful bidder. All other Bidder's Bonds shall be returned to the bidder five (5) working days after bid opening. The contract shall be awarded, if an award is made, to the lowest responsible bidder within 60 calendar days from the date the bids are publicly opened and declared. If the award is not made within that period, all bids submitted are deemed rejected by the governing body. A contract shall exist between the Contractor and the City when all of the following steps have been completed: (a) Execution and delivery to the City of the written Contract by the Contractor within (10) working days after issuance of a Notice of Intent to Award; (b) Delivery by the Contractor to the City of the Faithful Performance and Labor and Materials bonds required herein; (c) Delivery by the Contractor to the City of all City-approved Insurance Policies, on the appropriate forms, as required; (d) Award of contract by the City. I-3 14. LABOR AND MATERIALS & FAITHFUL PERFORMANCE BONDS: The successful Bidder will be required to furnish, prior to the performance of any work hereunder, a Labor and Materials Bond in an amount equal to one hundred percent (100%) of the Contract price, and a Faithful Performance Bond in an amount equal to one hundred percent (100%) of the Contract price. The bonds must be approved by the City. 15. INSURANCE: The contractor shall file with the City within ten (10) working days of receiving the Notice of Intent to Award, copies of all required Insurance Policy certificates and endorsements for acceptance. Attention is directed to Section B (General Requirements), of the Special Provisions for compliance with the insurance requirements. Insurance is to be placed with insurers with a Best's rating of no less than A:VII. 16. PROGRESS PAYMENTS: WITHHOLDS: Progress payments shall be made to the contractor for the value of the work completed less five percent (5%) security withheld. The provisions of Public Contract Code Section 22300, “Permissible substitution of securities,” are applicable to this contract. The alternatives to contract performance retentions as defined in Section 22300 are options available at the request and expense of the Contractor. 17. PAYMENTS TO SUBCONTRACTORS: Attention is directed to the provisions in and Section 7108.5 of the Business and Professions Code concerning prompt payment to subcontractors. The Contractor shall return all moneys withheld in retention from the subcontractor within 30 days after receiving payment for work satisfactorily completed, even if the other contract work is not completed and has not been accepted in conformance with Section 7-1.17, "Acceptance of Contract," of the Standard Specifications. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the Contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the Contractor or deficient subcontract performance or noncompliance by a subcontractor. 18. APPRENTICES: Attention is directed to the General Requirements, Section B, of the specifications for compliance with the employment of apprentices by the Contractor or any subcontractor under him/her. 19. PERFORMANCE/WARRANTY BOND: As a condition precedent to the completion of this contract, the Contractor shall furnish a Performance Bond, in a form acceptable to the City in an amount of one hundred percent (100%) of the total contract price plus change orders, to hold good for a period of one year after the completion and acceptance of the work, to protect the City against the results of defective materials, quality of work, and equipment during that time. This bond shall be delivered to the City before the final payment under this contract will be made. Bidders are hereby notified that in accordance with the provisions of Public Contracts Code section 22300, securities may be substituted for any monies, which the City may withhold pursuant to the terms of this Contract to insure performance. I-4 20. ACCEPTABILITY OF SURETY: Each bond must be furnished by a company, acceptable to the City, that is authorized and licensed by the Insurance Commissioner as an “admitted surety insurer” and which maintains at least one office in California for conducting business. Prior to such approval, the surety shall provide the documentation required by California Civil Code Section 995.660. If any surety becomes unacceptable to the City or fails to furnish reports as to financial condition, as requested by the City, the successful Bidder shall promptly furnish such additional surety as may be required from time to time to protect the interests of the City and of persons supplying labor or materials in the prosecution of the work pursuant to the Contract. 21. PREVAILING WAGES/CERTIFIED PAYROLL: The successful bidder will be required to post a copy of the general prevailing rates per diem wages in a conspicuous place at the job site forthwith upon undertaking the public work called for herein. The successful bidder shall also keep an accurate certified payroll record in accordance with requirement set forth in Section 1776 of the Labor Code of the State of California and Section C (Titled "Wage and Equipment Rates") of this specification. 22. REGISTRATION WITH STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS REQUIRED, per SB 854: Contractors and subcontractors will need to be registered with the Department of Industrial Relations in order to 1) bid or be listed on a bid for a public works project on or after March 1, 2015, or 2) work on a public works project awarded on or after April 1, 2015. For additional information, please visit: http://www.dir.ca.gov/Public-Works/PublicWorks.html. I-5 PROPOSAL City of Citrus Heights PROPOSAL FOR THE 2016 Residential Street Resurfacing Project TO: DIRECTOR, GENERAL SERVICES City of Citrus Heights Citrus Heights, California 95621-5577 Name of Bidder: Business Address: City, State, Zip: Telephone (area code): The work for which this proposal is submitted is for construction in accordance with the special provisions (including the payment of not less than the minimum wage rates set forth therein) and contract annexed hereto, the project plans described below, and also in accordance with the Department of Transportation Standard Plans and Specifications July 2010 edition and the Labor Surcharge and Equipment Rental Rates in effect on the date of work is accomplished; and the Sacramento County Public Works Agency, Improvement Standards, current edition, and Standard Construction Specifications, current edition. The project Plans and Specifications for the work to be done were approved on July 20, 2016, and are titled: 2016 Residential Street Resurfacing Project Bids are to be submitted for the entire work. The amount of the bids for comparison purposes will be the Total Base Bid Price. The bidder shall set forth for each unit basis item of work an item price and a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for the this purposes. In the case of unit basis items, the amount set forth under the “Total” column shall be the extension of the item price bid on the basis of the estimated quantity for the item. The quantities listed in the following Bid Schedule are approximate only and are given for the purpose of comparing proposals. The City does not expressly or by implication agree that the actual amount of work will correspond with quantities given herein, but reserves the right to increase or decrease the amount of any class or portion of the work as may be deemed necessary or advisable by the Director. Payment will be based upon the actual quantities installed or constructed, unless otherwise specified. P-1 The contract shall be awarded to the contractor submitting the lowest responsive responsible Total Bid. In case of discrepancy between the written prices and the numerical prices, the written prices shall prevail. In case of discrepancy between the unit prices and the total amount, the unit prices shall prevail, except as provided in (a) or (b), as follows: (a) If the amount set forth as a Unit Price for a said item is not readable or otherwise not clear, or is omitted, or is the same amount as the entry in the Total Amount column, then the amount set forth in the Total Amount column for the line item shall prevail and shall be divided by the Estimated Quantity for the said item and the price thus obtained shall be the Unit Price amount. (b) (Decimal Errors) If the total of the entered Unit Price multiplied by the given Estimated Quantity is exactly off by a decimal factor (i.e. ten, one hundred, etc. or, one-tenth, onehundredth, etc.) from the entered Total Amount, the discrepancy will be resolved by using the entered Unit Price or entered Total Amount, whichever most closely approximates (by percentage) the Unit Price or Total Amount in the City Engineer's Cost Estimate. The City of Citrus Heights desires wherever possible to hire qualified City of Citrus Heights residents to work on City projects. Contractors, subcontractors, consultants, and developers will, wherever possible, solicit proposals from qualified local firms and will, wherever possible, employ qualified local residents to work on City projects. If this proposal shall be accepted and the undersigned shall fail to contract as aforesaid and to give the two bonds in the sums to be determined as aforesaid, with surety satisfactory to the City Council, within eight (8) working days, after the bidder has received notice from the City Engineer and the contract has been awarded, the City Council may, at its option, determine that the bidder has abandoned the contract, and thereupon this proposal and the acceptance thereof shall be null and void, and the forfeiture of such security accompanying this proposal shall operate and the same become and be the property of the City of Citrus Heights. The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm, or corporation; that the bidder has carefully examined the location of the proposed work, the attached proposed form of contract, and the plans therein referred to; and that the bidder proposed, and agrees if this proposal is accepted, that he will contract with the City of Citrus Heights, in the form of the copy of the contract attached hereto, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the contract, in the manner and time therein prescribed, and according to the requirements of the Engineer as therein set forth, and that the bidder will take in full payment therefore the following item prices to wit: Note: For this proposal to be considered complete and responsive the bidder must complete all of the documents and certificates contained in these proposal pages and execute the proposal as required. CONTRACTOR: P-2 BID SCHEDULE CITY OF CITRUS HEIGHTS 2016 Residential Street Resurfacing Project The following quantities are approximate only and are given for the purpose of comparing proposals. The City does not expressly or by implication agree that the actual amount of work will correspond with quantities given herein, but reserves the right to increase or decrease the amount of any class or portion of the work as may be deemed necessary or advisable by the Engineer. Payment will be based upon the actual quantities installed or constructed, unless otherwise specified. The bid shall be awarded to the contractor submitting the lowest responsible Total Base Bid. BASE BID (Continued…) P-3 BASE BID (continued) Total Base Bid = $ Total Base Bid (in words) = $ ADDITIVE ALTERNATE NO. 1 – AUBURN BOULEVARD FRONTAGE ROAD Total Additive Alternate No. 1 = $ Total Additive Alternate No. 1 (in words) $ BIDDER’S NAME (PRINTED) BIDDER’S SIGNATURE P-4 CITY OF CITRUS HEIGHTS BIDDER'S BOND KNOW ALL MEN/WOMEN BY THESE PRESENTS, THAT we, , as Principal, and , as Surety, are held and firmly bound unto the City of Citrus Heights, hereinafter called CITY, in the penal sum of TEN PERCENT (10%) OF THE TOTAL AMOUNT OF THE BID of the Principal above named, submitted by said Principal to the City of Citrus Heights, for the work described below, for the payment of which sum in lawful money of the United States, well and truly to be made, we bind ourselves, our heirs, administrators, and executors and successors, jointly and severally, firmly by these presents. In no case shall the liability of the Surety hereunder exceed the sum of $ THE CONDITION OF THIS OBLIGATION IS SUCH THAT, WHEREAS, the Principal has submitted the above-mentioned bid to the City of Citrus Heights, for the 2016 Residential Street Resurfacing Project specifically described as follows, for which bids are to be opened at Citrus Heights, California, on _______________________, 20____, for the work to be done consisting, in general, of placing asphalt concrete overlay on various streets including placement of leveling course; minor pavement reconstruction; pavement grinding, constructing curb and gutter, construction storm drains and drainage inlets, adjusting manholes and valves boxes to grade; restoring traffic striping, legends and markings; and all other works as shown on the contract documents. NOW, THEREFORE, if the aforesaid Principal is awarded the contract and within the time and manner required under the Specifications, after the prescribed forms are presented to him/her for signature, enters into a written contract, in the prescribed form, in accordance with the bid, and files the two bonds with the City of Citrus Heights, one to guarantee faithful performance and the other to guarantee payment for labor and materials, as required by law and in all other aspects perform the agreement and obligations created by the acceptance of the Bid, then this obligation shall be null and void; otherwise, it shall be and remain in full force and virtue. In the event suit is brought upon this bond by the Obligee and judgment is recovered, the Surety shall pay all costs incurred by the Obligee in such suit including a reasonable attorney's fee to be fixed by the court. P-5 IN WITNESS WHEREOF, we have hereunto set our hands and seals on this , 20 . Principal: day of Company: By: Name: Title: Phone: Surety: Company: By: Name: Title: Address: Phone: NOTES: 1. Signature of those executing for the Surety must be properly acknowledged. 2. The bid bonds for the three acceptable lowest bidders shall be retained until the City Council has accepted the successful bidder. All other bid bonds shall be returned to the bidder five (5) working days after bid opening. P-6 CITY OF CITRUS HEIGHTS CONTRACTORS LICENSE FORM PROJECT NAME: Any person or entity submitting a bid on this project to engage in the business or act in the capacity of a contractor shall be licensed as a contractor in accordance with the provisions of Division 3, Chapter 9 of the California Business and Professions Code. A bid submitted to the City by a contractor who is not licensed as set forth above shall be considered nonresponsive and shall be rejected by the City. Before awarding the contract for this project, the City must verify that the contractor was properly licensed when the contractor submitted his/her bid on this project. In order for the City to verify the license status of a contractor, the contractor, at the time he/she submits his/her bid for the project, shall provide in writing to the City his/her contractor's license number, name on the license, classification, and expiration date of the license. In all contracts where federal funds are involved, no bid submitted to the City shall be invalidated by the failure of the bidder to be licensed in accordance with the laws of this state. However, at the time the contract is awarded, the contractor shall be properly licensed in accordance with the laws of this state. The first payment for work or material under any contract shall not be made unless and until the Registrar of Contractors verifies to the City that the records of the Contractors' State License Board indicate that the contractor was properly licensed at the time the contract was awarded. Any bidder or contractor not so licensed shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder. CERTIFICATION In accordance with the Business and Professions Code, we do hereby, under Penalty of Perjury, certify that the following contractor’s license information is true and correct. Contractor's License No.: Expiration Date: Contractor's Classification: Contractor’s Name (Printed) Bidder’s Signature (same signature as on Bid Proposal) Date Bidder’s Name (Printed) City of Citrus Heights Business License No.: Bidder’s Title P-7 CITY OF CITRUS HEIGHTS NON-COLLUSION AFFIDAVIT STATE OF CALIFORNIA COUNTY OF SACRAMENTO ) ) ) , being first duly sworn, deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. Contractor’s Name (Printed) Bidder’s Signature (same signature as on Bid Proposal) Date Bidder’s Name (Printed) Bidder’s Title ACKNOWLEDGMENT State of California County of _____________________________) On ____________________________ before me, _________________________________________________ (insert name and title of the officer) 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 ______________________________ (Seal) P-8 CITY OF CITRUS HEIGHTS DESIGNATION OF SUBCONTRACTORS 2016 Residential Street Resurfacing Project In compliance with the provisions of Section 4100-4114 of the Public Contracts Code of the State of California, and any amendments thereof, each Bidder shall set forth below the name and location of the place of business of each Subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work or improvement to be performed under these specifications in excess of one-half of one percent (0.5%) of the prime Contractor’s total bid or ten thousand dollars ($10,000.00) whichever is greater. The prime Contractor shall list the portion of the work which will be done by such Subcontractor. If the Contractor fails to specify a Subcontractor for any portion of the work to be performed under the Contract, the Contractor shall be deemed to have agreed to perform such portion itself, and the Contractor shall not be permitted to subcontract that portion of the work except under the conditions allowed by applicable law. Portion of Work: Est. Value of Work: $ Subcontractor: Street Address: City, Zip: Phone: Fax: Contractor License No: Portion of Work: Est. Value of Work: $ Subcontractor: Street Address: City, Zip: Phone: Fax: Contractor License No: Portion of Work: Est. Value of Work: $ Subcontractor: Street Address: City, Zip: Phone: Fax: Contractor License No: (Continued next page) Contractor’s Name (Printed) Bidder’s Signature (same signature as on Bid Proposal) Date Bidder’s Name & Title (Printed) P-9 Portion of Work: Est. Value of Work: $ Subcontractor: Street Address: City, Zip: Phone: Fax: Contractor License No: Portion of Work: Est. Value of Work: $ Subcontractor: Street Address: City, Zip: Phone: Fax: Contractor License No: Portion of Work: Est. Value of Work: $ Subcontractor: Street Address: City, Zip: Phone: Fax: Contractor License No: Portion of Work: Est. Value of Work: $ Subcontractor: Street Address: City, Zip: Phone: Fax: Contractor License No: Portion of Work: Est. Value of Work: $ Subcontractor: Street Address: City, Zip: Phone: Fax: Contractor License No: Contractor’s Name (Printed) Bidder’s Signature (same signature as on Bid Proposal) Date Bidder’s Name & Title (Printed) P-10 CITY OF CITRUS HEIGHTS EXPERIENCE/QUALIFICATIONS STATEMENT The Bidder has been engaged in the contracting business, under the present business name for years. Experience in work of a nature similar to that covered in the proposal extends over a period of years. The Bidder, as a Contractor, has never failed to satisfactorily complete a Contract awarded to it, except as follows: The following contracts have been satisfactorily completed in the last three (3) years for the persons, firm or authority indicated, and to whom reference is made: Year Type of Work Contract Amount Owner/Agency Contact Person with Telephone No. The following is a list of plant and equipment owned by the Bidder, which is definitely available for use on the proposed work as required: Quantity Name, Type and Capacity Condition Location COPY AND ATTACH ADDITIONAL SHEETS AS NECESSARY Contractor’s Name (Printed) Bidder’s Signature (same signature as on Bid Proposal) Date Bidder’s Name (Printed) Bidder’s Title P-11 ACCOMPANYING THIS PROPOSAL is (in an amount of Ten Percent (10%) of the total bid) NOTICE: Insert the words CASH ($_________________), CASHIER’S CHECK, BIDDER’S BOND, or MONEY ORDER, as the case may be. THE NAMES OF ALL PERSONS INTERESTED IN THE FOREGOING PROPOSAL AS PRINCIPALS ARE AS FOLLOWS: IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation, also names of the president, secretary, treasurer, and manager thereof; if a copartnership, state true name of firm, also names of all individual co-partners composing the firm; if bidder or other interested person is an individual, state first and last names in full. LICENSED IN ACCORDANCE WITH THE CONTRACTORS' LICENSE LAW OF THE STATE OF CALIFORNIA (BUSINESS AND PROFESSIONS CODE) SECTION 7000 et seq. PROVIDING FOR THE REGISTRATION OF CONTRACTORS, License No._______________. This proposal is submitted with respect to the changes to the contract included in addenda number/s :____________________. (Signed addenda cover sheets shall be included with sealed bid submittal.) Bidder’s Name (Printed) Bidder’s Signature Date NOTE: If the bidder is a corporation or a co-partnership, the legal name of the firm shall be set forth above, together with the signature of the officer or partner authorized to sign contracts for the firm. Business Address Phone Place of Residence Phone P-12 CITY OF CITRUS HEIGHTS STATE OF CALIFORNIA CONTRACT FOR: 2016 Residential Street Resurfacing Project THIS CONTRACT, made and concluded in duplicate this day of , 20___, at Citrus Heights, California, by and between the City of Citrus Heights, a Municipal Corporation of the State of California, acting by and through its City Council, hereinafter called CITY, and Name of contractor, hereinafter called CONTRACTOR. WITNESSETH: ARTICLE ONE. That for and in consideration of the payments and agreements hereinafter to be made and performed by the City, and under the conditions expressed in the two bonds, bearing even date with these presents and hereunto attached, one a Faithful Performance Bond and one a Payment (Labor and Materials) Bond, each in the amount of 100% of the amount bid, the Contractor agrees with the City, at his/her own proper cost and expense, to do all the work and furnish all the materials, except such as are mentioned in the Specifications to be furnished by the City, necessary to construct and complete in a good, quality and substantial manner and to the satisfaction of the City of Citrus Heights, subject project, within a time frame of 35 WORKING DAYS from the date the Notice to Proceed is issued by the City Engineer, in accordance with the project specifications; Department of Transportation Standard Plans and Specifications, current edition; the Labor Surcharge and Equipment Rental Rates in effect on the date of work is accomplished; the Sacramento County Public Works Agency, Improvement Standards, current edition; and Standard Construction Specifications, current edition, which said documents are specifically referred to and by such reference made a part hereof. To the extent there are any inconsistencies among these documents, then the terms and conditions of this contract shall control over the documents referenced in the preceding sentence. ARTICLE TWO. The City hereby promises and agrees with the Contractor to employ, and does hereby employ the Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to for the prices set forth in the proposal submitted by the Contractor and accepted by the City, which is attached hereto as Attachment “A”, and hereby contracts to pay the same at the time, in the manner and upon the conditions herein set forth; and the parties hereto for themselves, their heirs, executors, administrators, successors and assigns do hereby agree to the full performance of the covenants herein contained. ARTICLE THREE. The said Contractor agrees to receive and accept the prices set forth in the proposal as full compensation for furnishing all materials and for doing all the work contemplated and embraced in this agreement, also for all loss or damage arising out of the nature of the work aforesaid, or from the action of the elements or from any C-1 unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until its acceptance by the City and for all risks of every description, connected with the work; also for all discontinuance of work, and for well and faithfully completing the work, and the whole thereof, in the manner and according to the Plans and Specifications and the requirements of the Engineer under them. ARTICLE FOUR. Pursuant to California Public Contract Code, Section 22300, the Contractor is hereby permitted to substitute securities of the kind listed below in place of the five percent (5%) retention withheld in accordance with this section, or any other moneys withheld by the City to ensure performance of this contract. At the request and expense of the Contractor, securities equivalent to the amount or amounts withheld may be deposited directly with the City, or with a state or federally chartered bank as the escrow agent, who shall pay such moneys to the Contractor upon satisfactory completion of this contract. The General Services Director is authorized to execute documents necessary for this purpose. The Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall be entitled to receive any interest thereon. Securities eligible for investment under this provision shall include those listed in Government Code, Section 16430, or bank or savings and loan certificates of deposit. The five percent (5%) retention or other moneys withheld will not be released to the Contractor until the City has satisfied itself that the substitution of securities has been made in accordance with the provisions of this paragraph. ARTICLE FIVE. By my signature as Contractor, I certify that I am aware of the provisions of Section 3700 of the 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 I will comply with such provisions before commencing the performance of the work of this contract. ARTICLE SIX. The complete contract consists of the following documents; all of which by reference are made a part of this contract: 1. Notice to Contractors 2. Instruction to Bidders 3. Proposal 4. Contract for 2016 Residential Street Resurfacing Project 5. Contract bonds, one a Faithful Performance and one a Payment (Labor and Materials) Bond, each in the amount of 100% of the amount bid 6. Specific Plans and Specifications for 2016 Residential Street Resurfacing Project 7. Standard Plans and Specifications of the State of California, Business and Transportation Agency, Department of Transportation, current edition C-2 8. Sacramento County Public Works Agency, Improvement Standards, current edition and Standard Construction Specifications, current edition ARTICLE SEVEN. The current statements of prevailing rate of per diem wages as determined by the Director of the Department of Industrial Relations and the Federal Labor Wage Rates, if applicable, each on file with the Citrus Heights City Clerk is hereby specifically referred to and by such reference is hereby made a part of this agreement. The Contractor shall, as a penalty, forfeit to the City, the amount specified by law per day for each calendar day, or portion thereof, for each employee paid less than the prevailing salary or wage for any such work done under and by reason of the terms or conditions of this agreement by the Contractor or any subcontractor under him/her. The Contractor agrees to keep an accurate certified payroll record in accordance with Section 1776 of the Labor Code of the State of California. The Contractor shall, as a penalty, forfeit to the City the amount specified by law, for each employee for non-compliance with the payroll record keeping requirements as stipulated in Section 1776 of the Labor Code of the State of California and this contract document. It is further expressly agreed by and between the City and the Contractor that should there be a conflict between the terms of this agreement and the bid or proposal of said Contractor, then this agreement shall control and nothing herein contained shall be considered as an acceptance of the said terms of said bid or proposal conflicting herewith. ARTICLE EIGHT. For Contracts Not Involving Federal Funds: Contractor warrants and represents that he/she is licensed, and at the time he/she submitted his/her bid for this project to the City was licensed, pursuant to Division 3, Chapter 9 of the California Business and Professions Code, to engage in the business or act in the capacity of a contractor within the State of California for the purposes of this CONTRACT. In the event Contractor is or was not licensed as set forth above, this CONTRACT is void. For Contracts Involving Federal Funds: Contractor warrants and represents that he/she is licensed, and at the time the contract was awarded was licensed, pursuant to Division 3, Chapter 9 of the California Business & Professions Code, to engage in the business or act in the capacity of a contractor within the State of California for the purposes of this CONTRACT. The first payment for work or material under this CONTRACT shall not be made unless and until the Registrar of Contractors verifies to the City that the records of the Contractors' State License Board indicate that Contractor was properly licensed at the time this CONTRACT was awarded. In the event Contractor is or was not licensed as set forth above, this CONTRACT is void. C-3 IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands and affixed their seal the day and year first above written. CITY OF CITRUS HEIGHTS A Municipal Corporation By: Henry Tingle City Manager Approved as to Form: Attest: Ruthann G. Ziegler City Attorney Amy Van City Clerk "CITY SEAL" Contractor Address By: "CORPORATE SEAL" C-4 CITY OF CITRUS HEIGHTS STATE OF CALIFORNIA FAITHFUL PERFORMANCE BOND (to accompany contract) KNOW ALL MEN/WOMEN BY THESE PRESENTS, that we, , as Principal, and , as Surety, are held and firmly bound unto the City of Citrus Heights, a Municipal Corporation of the State of California, hereinafter called the CITY, in the penal sum of DOLLARS ($ ), and no more, for the work described below, for the payments of which sum in lawful money of the United States of America well and truly to be made to the City of Citrus Heights, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents as herein above provided. THAT WHEREAS, the Principal has entered into a contract with said City for the construction of: 2016 Residential Street Resurfacing Project NOW, THEREFORE, the condition of this obligation is such that is the above bounded Principal shall in all things stand to abide by, and well and truly keep and perform the covenants, conditions and agreements in the foregoing contract agreed on his/her or their part to be kept and performed at the time and in the manner herein specified, and shall indemnify and save harmless the City of Citrus Heights, its officers, agents and employees as therein stipulated, then this obligation shall become null and void; otherwise, it shall remain in full force and virtue. The Surety herein, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms and conditions of said contract, or the specifications accompanying the same shall in any manner affect its obligations on this bond, and said Surety does hereby waive notice of any such change, extension, alteration or addition. FB-1 IN WITNESS WHEREOF, the above bounded parties have executed this Instrument under their several seals this day of , 20__. The name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative pursuant to authority of its governing body. PRINCIPAL: SURETY: Signature, Title Signature, Title SURETY INFORMATION: Contact Person: Name of Company: Address: Telephone: (_____) ________________ Fax : (_____) ________________ NOTE: (1) Signatures of those executing for the Surety must be properly acknowledged. (2) This Bond must be in an amount equal to 100% of the amount bid. FB-2 CITY OF CITRUS HEIGHTS STATE OF CALIFORNIA PAYMENT (LABOR AND MATERIALS) BOND KNOW ALL MEN/WOMEN BY THESE PRESENTS, that whereas, the City of Citrus Heights, a Municipal Corporation of the State of California, acting through its City Council, has awarded , hereinafter designated as the Principal, a contract for: 2016 Residential Street Resurfacing Project AND WHEREAS, said Principal is required to furnish a bond in connection with said contract, provided that if said Contractor, or any of his/her or its subcontractors, shall fail to pay for any materials, provisions, provender or other supplies, or teams, used in, upon, for or about the performance of the work contracted to be done, or any work or labor done thereon of any kind, or for amounts due under the Unemployment Insurance Code with respect to such labor, the Surety of this bond will pay the same. NOW, THEREFORE, we, , as Principal and , as Surety, are held firmly bound unto the City of Citrus Heights, a Municipal Corporation of the State of California, hereinafter called City, in the penal sum of DOLLARS($ ), and no more, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents, as herein provided. The condition of this obligation is such that, if said Principal, or his/her or its Subcontractors, shall fail to pay for any materials, provisions, provender or other supplies or teams 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 for amounts due under the Unemployment Insurance Code with respect to such work or labor, as required by the provisions of Title 15, Part 4, Third Division of the Civil Code of the State of California, commencing with Section 3082, and providing that the persons, companies or corporations so furnishing said materials, provisions, or other supplies, appliances or power used in, for or about the performance of the work contracted to be executed or performed, or any person, company, or corporation, renting, or hiring implements, or machinery, or power, for, or contributing to said work to be done, or any person who performs work or labor upon the same, or any person who supplies both work and materials therefor, shall have complied with the provisions of said Title 15, the Surety, or Sureties, hereon will pay the same in an amount not exceeding the sum specified in his/her or its bond, and also, in case suit is brought upon this bond, a reasonable attorney's fee to be fixed by the Court, then this obligation shall become null and void; otherwise, it shall remain in full force and virtue. PB-1 This bond shall inure to the benefit of any and all persons, companies and corporations entitled to file claims under Section 3181 of the Civil Code of the State of California so as to give a right of action to them or their assigns in any suit brought upon this bond. The Surety herein, for value received, hereby stipulates and agrees that no change, extension of time, alteration, addition or modification to the terms and conditions of said contract, or the specifications accompanying the same, shall in any manner affect its obligation on this bond, and said Surety does hereby waive notice of any such change, extension, alteration or addition. IN WITNESS WHEREOF, the above bounden parties have executed this Instrument under several seals this day of , 20__. The name and Corporate Seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representatives, pursuant to authority of its governing body. PRINCIPAL: SURETY: Signature, Title Signature, Title SURETY INFORMATION: Contact Person: Name of Company: Address: Telephone: (_____) ________________ Fax : (_____) ________________ NOTE: (1) Signatures of those executing for the Surety must be properly acknowledged. (2) This Bond must be in an amount equal to 100% of the amount bid. PB-2 CONTRACTOR’S CERTIFICATE REGARDING WORKERS COMPENSATION TO: City Clerk City of Citrus Heights I am aware of the provisions of Section 3700 of the Labor Code of the State of California which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this Contract. CONTRACTOR By: (Business Address) (Place of Residence) WC-1 CITY OF CITRUS HEIGHTS GENERAL SERVICES DEPARTMENT 2016 Residential Street Resurfacing Project Project #22-16-001 CONTRACT CHANGE ORDER NO. ____ This Change Order is an addition and/or deletion of the work beyond that previously contracted for and shall be subject to all terms, conditions and specifications of the original Contract Documents. DECREASE in Contract Price DESCRIPTION OF CHANGES TOTALS NET CHANGE IN CONTRACT PRICE INCREASE in Contract Price $0.00 $0.00 $0.00 JUSTIFICATION CONTRACT STATUS PER THIS CHANGE ORDER ACCEPTANCE Contractor ORIGINAL CONTRACT START DATE: ORIGINAL NUMBER OF CONTRACT DAYS: WORKING DAYS "( )" INDICATES DECREASE IN DAYS : BY: ___________________________________ OTHER see WSWD DATE: _________________________________ ORIGINAL CONTRACT COMPLETION DATE: PREVIOUS CHANGE ORDERS: WORKING DAYS THIS CHANGE ORDER: WORKING DAYS 0.0 NET CHANGE ALL CHANGE ORDERS TO DATE: WORKING DAYS CM / RE BY: ___________________________________ Name, Title THE NUMBER OF WEATHER DAYS TO DATE: 0 NUMBER OF DAYS ADDED TO DATE DATE: _________________________________ THE DATE OF COMPLETION IS NOW: CITY OF CITRUS HEIGHTS: ORIGINAL CONTRACT AMOUNT: "( )" INDICATES DECREASE IN COST BY: ___________________________________ PREVIOUS CHANGE ORDERS: Engineer Name/Title $0.00 $0.00 THIS CHANGE ORDER: NET CHANGE ALL CHANGE ORDERS TO DATE: DATE: _________________________________ $0.00 REVISED CONTRACT AMOUNT CONCUR: ______________________________ David Wheaton, Director REIMBURSEMENT ELIGIBLE STATE FEDERAL CO-1 DATE: _________________________________ SPECIAL PROVISIONS SPECIAL PROVISIONS SECTION A – DESCRIPTION OF PROJECT The location and scope of work for this project are as described in the Technical Specifications. 1. Contract Documents: The work shall be done in accordance with the following documents which, by reference, are incorporated into the contract: A. Notice to Contractors – As contained herein and published in periodicals of the local area. B. Instructions to Bidders – As contained herein and used by bidder in preparing formal proposal to do work. C. Proposal – Including the bond required therewith, all as contained in blank form herein, used by the bidder making formal proposal to do the work. D. Contract – The formal agreement between the City of Citrus Heights and the Contractor, including the Faithful Performance Bond, and the Payment (Labor and Materials) Bond. E. Standards – Except as stated in the Technical Specifications all work and materials shall be in accordance with the Sacramento County Public Works Agency, Improvement Standards and Standard Construction Specifications, current editions, the City of Citrus Heights Standard Construction Details, current edition, and the Standard Specifications of the State of California, current edition, which said documents are specifically referred to and by such reference made in part hereof. F. Specifications for the Work – These specifications, including all references. G. Document Precedence -- The component Contract documents are intended to provide explanation for each other. Any work shown on the Plans and not in the Specifications, or vice versa, is to be executed as if indicated in both. In case of a conflict in the Contract, the following order of precedence will govern interpretation of the Contract: 1) Field Instruction or other written directives 2) Addenda 3) Technical Specifications 4) Special Provisions 5) Project Plans 6) City Standard Construction Details SP-1 7) County Standard Drawings 8) County Standard Specifications 9) State Standard Drawings 10) State Standard Specifications Any work for which there are no provisions in these Specifications, the Special Provisions or Technical Specifications, or on the Plans, shall be performed in accordance with the provisions of State Specifications. 2. Changes in the Work A. Form of Change: 1) 2) The City may, at any time, by written order, make changes in the Work as deemed necessary by the Engineer. Such changes include, but are not limited to, changes: a) In the Specifications or Plans; b) In the sequence, method or manner of performance of the Work; c) In the owner-furnished facilities, equipment, materials, services or site; or d) Directing acceleration of the Work. If such changes cause an increase or decrease in the Contractor's cost of, or time required for, performance of the Contract, an equitable adjustment will be made and the Contract modified in writing accordingly. a) Change Orders. A change pursuant to this Section A-2B will be in the form of a Contract Change Order which will set forth the work to be done or the method by which the change and cost adjustment, if any, will be determined, and the time of completion of the work. Upon receipt of a Contract Change Order, the Contractor shall proceed with the ordered work. If ordered in writing by the Engineer, the Contractor shall proceed with the work so ordered prior to actual receipt of a Contract Change Order. A Contract Change Order executed by the Contractor and approved by the Engineer is an executed Contract Change Order as that term is used throughout this Section. b) Change Order Protests. A Contract Change Order may be issued to the Contractor at any time. Should the Contractor disagree with any terms or conditions set forth in a Contract Change Order which the Contractor has not executed, the Contractor shall submit a written protest to the Engineer within fifteen (15) days after the SP-2 receipt of such Contract Change Order. The protest shall state the points of disagreement and, if possible, the quantities and cost involved. If a written protest is not submitted, payment will be made as set forth in the Contract Change Order. Such payment shall constitute full compensation for all work included therein or required thereby. Such unprotested Contract Change Orders shall be considered as executed Contract Change Orders. Where the protest concerning a Contract Change Order relates to compensation, the compensation payable for all work specified or required by the Contract Change Order to which such protest relates will be determined in the same manner as provided in Section A-2B. The Contractor shall keep full and complete records of the cost of such work and shall permit the Engineer to have such access thereto as may be necessary to assist in the determination of the compensation payable for such work. Where the protest concerning a Contract Change Order relates to the adjustment of time and the completion or the Work, the time to be allowed therefore will be determined as provided in this Section. The consent of the Contractor's sureties shall not be required as to any change or Extra Work, and the liability of the Contractor's Bonds shall be increased or decreased accordingly without notice to the sureties. B. Procedures and Allowable Costs on Changes and Additions to Work 1) Forms of Payment If the change in, or addition to, the Work will result in an increase in the contract sum, the City shall have the right to require the performance thereof. The compensation to be paid for any such work shall, in the City's sole discretion, be determined in one or more of the following ways: a) By agreed unit prices, if unit prices are required by the City's bid form and provided with contractor's bid; b) By proposal and acceptance of an agreed upon lump sum; or c) On a time and materials basis. Until one of the above methods is agreed on, or if the Work is to be paid for on a time and materials basis, the Contractor shall keep full and complete records of the cost of such work in the form and manner prescribed by the Engineer and shall permit the Engineer to have access to such records as may be necessary to assist in the determination of the compensation payable for such work. SP-3 2) Lump Sum Payment The City, in its sole and absolute discretion, may request a lump sum proposal by Contractor to perform the change in, or addition to, the Work performed. Such lump sum proposal shall be submitted by the Contractor within ten (10) days of the City's request therefor. Request for a lump sum proposal by City shall not be deemed an election by City to have the Work performed on a lump sum basis. Costs of preparing the proposal shall not be compensable. a) Contents of Lump Sum Proposal. The Contractor's proposal shall be itemized and segregated by labor and materials for the various components of the change (no aggregate labor total will be acceptable). The proposal shall be accompanied by signed proposals of any Subcontractors which will perform any portion of the change, and of any persons who will furnish materials or equipment for incorporation therein. The proposal shall also include the Contractor's estimate of the time required to perform the changes or additional work. b) Computation of Labor Costs. The portion of the proposal relating to labor, whether by the Contractor's forces or the forces of any of its Subcontractors, may include the projected wages of the reasonably anticipated Site labor, including foremen, who will be directly involved in the change in the Work. These projected wages shall not include charges for assistant superintendents, superintendents, office personnel, timekeepers and maintenance mechanics. Labor costs may also include Contractor's overhead and profit which shall be computed by adding to the labor costs either up to fifteen percent (15%) of the projected wages, but not payroll costs, or the labor surcharge set forth in the California Department of Transportation publication entitled Labor Surcharge And Equipment Rental Rates, which is in effect on the date upon which the Work is accomplished and which is a part of the Contract. The method of computing the overhead and profit shall be solely within the discretion of the City. The labor surcharge, if used, shall constitute full compensation for all payments imposed by State and Federal laws and for all other payments made to, or on behalf of, the worker, other than actual wages as defined above or travel and subsistence payments as provided by Labor Code Section 1773.8. No time or charges will be allowed except when the workers are actually engaged in the proper, efficient and diligent performance or completion of the extra work as authorized. Overtime shall not be worked without prior approval of the Engineer. c) Computation of Equipment and Materials Costs. The portion of the proposal relating to materials may include the reasonably SP-4 anticipated direct costs to the Contractor or to any of its Subcontractors of materials to be purchased for incorporation in the change in the Work. This portion of the proposal may also include transportation and applicable sales or use taxes. Up to fifteen percent (15%) of these direct costs may be included as overhead and profit for the Contractor or any such Subcontractor (such overhead and profit to include all small tools). This portion of the proposal may further include the Contractor's and any of its Subcontractors' reasonably anticipated costs for the rental and operation of prime construction and automotive equipment furnished and used in connection with the change in the Work. The equipment rental and operation rates used shall be the current edition of the Department of Transportation, Division of Construction, Equipment Rental Rates. These costs shall not include charges for listed equipment or major tools with a new cost of $500.00 or less. No time charges shall be allowed except for equipment actually used for the proper and efficient performance or completion of the authorized change in the Work. d) Subcontractors. The lump sum proposal may include up to five percent (5%) of the amount which the Contractor will pay to any of its Subcontractors for the change in the Work as allowable overhead and profit to the Contractor. e) Failure to Submit Lump Sum Proposal. In the event that the Contractor fails to submit its proposal within the designated period, the Engineer may direct the Contractor to proceed with the change or addition to the Work and the Contractor shall so proceed. The Engineer shall unilaterally determine the reasonable costs and time to perform the work in question, which determination shall be final and binding upon the Contractor. f) Failure to Agree on Lump Sum Amount. In the event that the parties are unable to agree as to the reasonable costs and time to perform the change in or addition to the Work based upon the Contractor's proposal and the Engineer and City do not elect to have the change in the Work performed on a time and material basis, the Engineer and City shall make a unilateral determination of the reasonable cost and time to perform the change in the Work, based upon their own estimates, the Contractor's submission or combination thereof. In such instances, a Change Order shall be issued for the amount of costs and time determined by the Engineer and the City and shall become binding upon the Contractor unless the Contractor submits its protest in writing to the City within thirty (30) days of the issuance of the Change Order. The City has the right to direct the Contractor in writing to perform the change in the Work which is the subject of the Change Order. Failure of the parties to reach agreement regarding the costs and time of the performing the change in the Work and/or any pending SP-5 protest shall not relieve the Contractor from performing the change in the Work promptly and expeditiously. 3) Payment by Unit Prices If any of the items included in the lump sum proposal are covered by unit prices contained in the contract document, the City may, if it requires the change in the Work to be performed on a lump sum basis, elect to use these unit prices in lieu of the similar items included in the lump sum proposal in which event an appropriate deduction will be made in the lump sum amount prior to the application of any allowed overhead and profit percentages. No overhead and profit shall be applied to any unit prices. 4) Payment on a Time and Material Basis If the City elects to have the change or addition to the Work performed on a time and material basis, the Work shall be performed, whether by the Contractor's forces or the forces of any of its Subcontractors or Subsubcontractors, at actual costs to the entity or entities performing the change in the Work. Actual costs shall not include any charge for administration, clerical expense, supervision or superintendence of any nature whatsoever, including foremen, or the costs, use or rental of tools or plant. Contractor may add fifteen percent (15%) thereof as the total overhead and profit to the entity or entities actually performing the change. This fifteen percent (15%), however, shall not be applied against any payroll costs as defined in Section A-2B with respect to lump sum proposals. If the entity or entities actually performing the work are Subcontractors or Sub-subcontractors, the Contractor shall be allowed five percent (5%) of the total charge of the performing entity or entities (including mark-up) as Contractor's mark-up. No other mark-ups shall be allowed hereunder. The Contractor shall submit to the City daily work and material tickets, to include the identification number assigned to the change in the Work, the location and description of the change in the Work, the classification of labor employed (and names and social security numbers), the material used, the equipment rented (not tools) and such other evidence of cost as the City may require. The City may require authentication of all time and material tickets and invoices by persons designated by the City for such purpose. The failure of the Contractor to secure any required authentication shall, if the City elects to treat it as such, constitute a waiver by the Contractor of any claim for the cost of that portion of the Change in the Work covered by a non-authenticated ticket or invoice; provided, however, that the authentication of any such ticket or invoice by the City shall not constitute an acknowledgment by the City that the items thereon were reasonably required for the Change in the Work. SP-6 5) Limitations on Changes The Contractor shall not be entitled to any amount for indirect costs, damages or expenses of any nature, including, but not limited to, so-called "impact" costs, labor inefficiency, wage, material or other escalations beyond the prices upon which the proposal is based and to which the parties have agreed pursuant to the provisions of this Section, and which the Contractor, its Subcontractors and Sub-subcontractors or any other person may incur as a result of delays, interferences, suspensions, changes in sequence or the like, for whatever cause, whether reasonable or unreasonable, foreseeable or unforeseeable, or avoidable or unavoidable, arising from the performance of any and all changes in the work performed pursuant to this Section. It is understood and agreed that the Contractor's sole and exclusive remedy in such event shall be recovery of its direct costs as compensable hereunder and an extension of the time of the Contract, but only in accordance with the provisions of the Contract Documents. It is expressly agreed that Contractor shall not be entitled to claim damages for anticipated profits on any portion of the Work that may be deleted. The amount of any adjustment for work deleted shall be estimated at the time deletion of work is ordered and the estimated adjustment will be deducted for the subsequent monthly pay estimates. The City reserves its rights under Section A-2H to audit Contractor's asbid profit in connection with any deductive change, to arrive at a final adjustment. Contractor's as-bid profit shall be reduced pro rata according to the proportion of the original contract value less as-bid profit, represented by the work deleted. The City reserves the right to contract with any person or firm other than the Contractor for any or all Extra Work. C. Unilateral Change in or Addition to the Work. Notwithstanding the above, the City, directly or through the Engineer, may direct the Contractor in writing to perform changes in or additions to the scope of the Contract. The Contractor shall perform such work and the parties shall proceed pursuant to the provisions of Section A-2B. D. Changes in Character of Work. If an ordered change in the Plans or Specifications materially changes the character of the Work of a Contract item from that upon which the Contractor based its bid price, and if the change increases or decreases the actual unit costs of such changed item as compared to the actual or estimated unit cost of performing the Work of the item in accordance with the Specifications and Plans originally applicable thereto, in the absence of an executed Contract Change Order specifying the compensation payable, an adjustment in compensation therefor will be made in accordance with the following: 1) The basis of such adjustment in compensation will be the difference between the Contract unit-price to perform the work of the item or portion SP-7 thereof involved in the change as originally planned and the actual unit cost of performing the work of the item or portion thereof involved in the change, as changed. Actual unit costs will be as agreed upon by the Contractor and the Engineer. If they cannot agree or if there is no unitprice for the subject work, then the costs of the work will be determined by the Engineer in the same manner as if the work were to be paid for on the time and material basis as provided in Section A-2B. Any such adjustment will apply only to the portion of the work of the item actually changed in character. 2) E. Failure of the Engineer to recognize the change in character of the work at the time the Contract Change Order is issued shall in no way be construed as relieving the Contractor of its duties and responsibility of filing a written protest within the ten-(10) day limit as herein above provided. Differing Site Conditions. The Contractor shall promptly, and before the following conditions are disturbed, notify the City in writing of any: 1) Material that the Contractor believes may contain hazardous waste, as defined in Section 25118 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law; or 2) Subsurface or latent physical conditions at the Site differing from those indicated in the Contract Documents; or 3) Unknown conditions at the Site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract. The Engineer shall thereupon promptly investigate the conditions. If the Engineer finds that they do involve hazardous waste, or do materially differ and cause and decrease or increase in the Contractor's cost of time of performance, the Engineer will issue and change order as appropriate. Any increase or decrease of cost resulting from such changes shall be adjusted in the manner provided in Section A-2B for adjustments as to extra and/or additional work and changes. However, neither the City nor the Engineer shall be liable or responsible for additional work, costs or changes to the Work due to material difference between actual conditions and any geotechnical, soils and other reports, surveys and analyses made available for the Contractor's review. In the event that a dispute arises between the City and the Contractor, whether the conditions materially differ, or involve hazardous waste, or cause and decrease or increase the Contractor's cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided by the Contract, but shall proceed with all work to be performed under the Contract, the procedures applicable to claims for extra costs shall then apply. SP-8 F. Civil Action Procedures The following procedures shall apply to all civil actions filed to resolve claims under this contract. 1) Non-Binding Mediation Within sixty (60) days, but no earlier than thirty (30) days, following the filing of responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within fifteen (15) days by both parties of a disinterested third person as mediator, shall be commenced within thirty (30) days of the submittal, and shall be concluded within fifteen (15) days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court or by stipulation of both parties. If the parties fail to select a mediator within the fifteen-(15) day period, any party may petition the court to appoint the mediator. 2) Judicial Arbitration 3) a) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of 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 subsection consistent with the rules pertaining to judicial arbitration. b) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators shall be experienced in construction law. Upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. c) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of part 3 of the Code of Civil Procedure, any party appealing 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 of the other party arising out of the appeal. Intent a) It is the intention of this Section that the differences between the parties, arising under and by virtue of the Contract, be brought to SP-9 the attention of the Engineer at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action promptly taken. The Contractor hereby agrees that it shall have no right to additional compensation for any claim that may be based on any act, failure to act, event, thing or occurrence for which no written notice of potential claim, as herein required, was timely filed. G. b) In the event of an emergency endangering life or property, the Contractor shall act as stated in Section B-3E herein, and after execution of the emergency work shall present an accounting of labor, materials and equipment in connection therewith. The procedure for any payment that may be due to for emergency work will be as specified in Section A-2 herein. c) The City shall pay money as to any portion of a claim which is undisputed, except as otherwise provided in the contract. d) In any suit filed under this section, the City shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. Claims for Extra Costs 1) 2) Notice of Potential Claims a) It is hereby mutually agreed that the Contractor shall not be entitled to the payment of any additional compensation for any cause, including any act, or failure to act, by the Engineer, or the happening of any event, thing or occurrence, unless the Contractor provides the Engineer with written notice of the potential claims as hereinafter specified. Compliance with this section, however, shall not be a prerequisite as to matters within the scope of the protest provisions in Section A-2A. b) The written notice of potential claims shall set forth the reasons for which the Contractor believes additional compensation will or may be due, the nature of the costs involved, and, insofar as possible, the amount of the potential claim. The notice as above required shall be given to the Engineer prior to the time that the Contractor commences performance of the Work giving rise to the potential claim for additional compensation, if based on an act or failure to act by the Engineer, or in all other cases within ten (10) days after the happening of the event, thing or occurrence giving rise to the potential claim. Construction Claims a) The Contractor may submit a claim to the Engineer concerning any matter for which a protest under Section A-2A, or a notice of SP-10 potential claim, is filed. Such claims, or potential claims, shall be submitted to the Engineer within sixty (60) days following the submission of the protest or notice, unless, due to the nature of the claim or the uncompleted state of the Work, it is impracticable to determine the amount or the extent of the claim within such period. In such cases, claims shall be submitted at the earliest practicable time in which such a determination can be made. In any event, all claims shall be filed on or before the date of the final release by the Contractor as provided for in Section B-8I. b) 3) 4) All claims shall be in writing and shall set forth clearly and in detail, for each item of additional compensation claimed, the reasons for the claim, reference to applicable provisions of the Specifications, the nature and the amount of the cost involved, the computations used in determining such costs, all pertinent factual data and all the documents necessary to substantiate the claim. The Contractor shall maintain complete and accurate records of the cost or any portion of the Work for which additional compensation is claimed, and shall provide the Engineer with copies thereof, as required. Resolution of Constructions Claims $50,000 or Less a) The City will respond in writing to all written claims for less than or equal to fifty thousand dollars ($50,000) within forty-five (45) days of receipt of the claim, or may request, in writing, within thirty (30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have against the claimant. b) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the claimant. c) The City's written response to the claim, as further documented, shall be submitted to the claimant within fifteen (15) days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. Resolution of Claims Greater than fifty thousand dollars ($50,000) and Less than or Equal to three hundred and seventy-five thousand dollars ($375,000). a) The City will respond in writing to all written claims for of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000) within forty-five (45) days of receipt of the claim, or may request, in writing, within thirty (30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have against the claimant. SP-11 5) b) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the City and the claimant. c) The City's written response to the claim as further documented, shall be submitted to the claimant within thirty (30) days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. Resolution of Claims Greater than three hundred and seventy-five thousand dollars ($375,000). The Engineer shall, within a reasonable time after the presentation of any claim in excess of three hundred and seventy five thousand dollars ($375,000), make a decision in writing on such claim. All decisions of the Engineer shall be final unless the Contractor, within ten (10) days after receipt of the Engineer's decision, files a written protest with the Engineer stating clearly and in detail the basis of the protest. Such protest shall be forwarded promptly by the Engineer to the City Council, who will issue a decision on such protest. It is hereby agreed that the Contractor's failure to protest the Engineer's determination or instruction within ten (10) days after such determination or instruction is transmitted to the Contractor shall constitute a waiver by the Contractor of all rights to further protest, judicial or otherwise. 6) Meet and Confer Conference a) If the claimant disputes the City's written response, or the City fails to respond within the time prescribed, the claimant may so notify the City, in writing, either within fifteen (15) days of receipt of the City's response or within fifteen (15) days of the 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 a demand, the City will schedule a meet and confer conference within thirty (30) days for settlement of the dispute. b) If, following the meet and confer conference, the claim or any portion thereof remains in dispute, the claimant may file a claim pursuant to Chapter 1 (commencing with 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 claimant submits its written claim pursuant to subdivision (1) until the time the claim is denied, including any period of time utilized by the meet and confer conference. SP-12 7) Contractor’s Duty During Claim Resolution The Contractor shall proceed with the Work in accordance with the plans and specifications and determinations and instructions of the Engineer during the resolution of any claims disputes. H. City’s Right to Audit and Preservation of Records 1) The Contractor shall maintain books, records and accounts of all costs in accordance with generally accepted accounting principles and practices. The City and its authorized representatives shall have the right to audit the books, records and accounts of the Contractor under any of the following conditions: a) The Contract is terminated for any reason in accordance with the provisions of the Contract Documents in order to arrive at equitable termination costs; b) In the event of a disagreement between the Contractor and the City over the amount due the Contractor under the terms of the Contract; c) To check or substantiate any amounts invoiced or paid which are required to reflect the costs of the Contractor, or the Contractor's efficiency or effectiveness under this Contract or in connection with extras, changes, claims, additions, backcharges, or others, as may be provided for in this Contract; and/or d) If it becomes necessary to determine the City's rights and the Contractor's obligations under the Contract or to ascertain facts relative to any claim against the Contractor which may result in a charge against the City; e) To determine any difference in cost occasioned by a permissible substitution; and /or f) For any other reason in the City's sole judgment. 2) Contractor shall provide the City (or its representatives), unlimited, reasonable access during working hours to the Contractor's books and records. The City's audit rights shall be liberally construed in the City's favor. 3) The Contractor, from the effective date of final payment or termination hereunder, shall preserve and make available to the City for a period of three (3) years thereafter, at all reasonable times at the office of the Contractor (but without any charge to the City), all its books, records, documents, photographs, micro-photographs, and other evidence bearing on the costs and expenses of the Contractor under this Contract and relating to the Work hereunder. SP-13 3. 4) The City will make all payments required of it under this Contract subject to audit, under circumstances stated above, which audit may be performed at the City's option, either during the Contract time period or during the record retention time period. Regardless of authorization, approval or acceptance, signatures or letters which are given by the City and are part of the City's control systems or are requested by the Contractor, the payments made under this Contract shall not constitute a waiver or agreement by the City that it accepts as correct the billings, invoices or other charges on which the payments are based. If the City's audit produces a claim against the Contractor, the City may pursue all its legal remedies even though it has made all or part of the payments required by this Contract. 5) If any audit by the City or its representative discloses an underpayment by the City pursuant to the terms of the Contract Documents, the City shall have the duty to pay any amount found by the audit to be owed to the Contractor. If such audit discloses an overpayment, the Contractor shall have the obligation to reimburse the City for the amount of the overpayment. The City's right to claim reimbursement from the Contractor of any overpayment shall not be terminated or waived until three years after the completion of the City's audit or upon the termination of audit rights under subparagraph (f), below, whichever date is later. The obligation of the Contractor to make reimbursements hereunder shall not terminate except as provided by law. 6) The City's right to audit and the preservation of records shall terminate at the end of three (3) years after the date final payment is made or termination of the Contract. The Contractor shall include this "Right to Audit and Preservation of Records" clause in all subcontracts issued by it and it shall require the same to be inserted by all Sub-subcontractors in their subcontracts, for any portion of the work. Should Contractor fail to include this clause in any such contract or Sub-subcontractor contract, or otherwise fail to insure the City's rights hereunder, Contractor shall be liable to the City for all costs, expenses and attorney's fees which the City may have to incur obtaining or attempting to obtain an audit or inspection of or the restoration of records which otherwise would have been available to the City from the persons under this clause. The City or its authorized representative may conduct such audit. Equal Employment Opportunity. During the performance of this contract, the Contractor agrees as follows: That the Contractor will not, because of race, religious creed, color, sex, national origin or ancestry of any person, refuse to hire or employ any applicant or to bar or discharge any employee from employment, or to discriminate against any employee in compensation, or in terms, conditions or privileges of employment and that the Contractor will take affirmative action to insure that every applicant for employment and every employer will receive equal opportunity for employment and shall be granted equal treatment with respect to compensation, terms, conditions or other privileges of SP-14 employment, without regard to any employee's race, religious creed, color, sex, national origin or ancestry. SECTION B – GENERAL REQUIREMENTS 1. 2. Definitions and Terms A. Standard Specifications – The Standard Specifications of the State of California, Department of Transportation, Division of Highways, current edition. Any reference therein to a State Agency or officer shall be interpreted as the corresponding City office or officer acting under this contract with address at City Hall, Citrus Heights, California 95621. B. City – The City of Citrus Heights. C. City Council – The governing body of the City. D. City Specifications – The County of Sacramento, Public Works Agency Improvement Standards, current edition and Standard Construction Specifications, current edition. Any reference therein to a County Agency or officer shall be interpreted as the corresponding City office or officer acting under this contract with address at City Hall, Citrus Heights, California 95621. E. Engineer – The General Services Director or City Engineer of the City of Citrus Heights or his/her authorized agent who shall represent the City during the term of the contract. F. Laboratory – The laboratory of the City of Citrus Heights to the extent of its capability; otherwise as defined in the Standard Specifications. Proposal Requirements and Conditions A. General – The bidder's attention is directed to the provisions of Section 2 of the Standard Specifications, as supplemented herein, for the requirements and conditions which he/she must observe in the preparation of the proposal form and the submission of the bid. B. Proposal Forms – The proposal forms are bound in these Specifications which may be obtained from the office of the General Services Department 6237 Fountain Square Drive, City Hall, Citrus Heights, California, as advertised in the 'Notice to Contractors'. C. Disqualification of Bidders – In addition to the other requirements the bidder must declare in the proposal that he/she has not accepted any bid from any Subcontractor or vendor through any bid depository, By-Laws, Rules and Regulations of which prohibit or prevent the Contractor from considering any bid from any Subcontractor or vendor which is not processed through said bid depository or which prevent any Subcontractor or vendor from bidding to any Contractor who does not use the facilities of or accept bids from or through such bid depository. SP-15 3. D. Competency of Bidders – Upon demand, bidder shall submit evidence to the City as to their ability, financial responsibility and experience in order to be eligible for consideration of their proposal. E. Non-Collusion – In accordance with Public Contract Code Section 7106, a Noncollusion Affidavit is included in the proposal. Signing the proposal shall also constitute signature of the Non-collusion Affidavit. Award and Execution of Contract, and Insurance Requirements A. General – The bidder's attention is directed to the provisions of Section 3 of the Standard Specifications, as supplemented herein, for the requirements of the Contract. B. Award of Contract C. 1) The City reserves the right to accept or reject any and all Bids for a period of sixty (60) days after the date of opening, and to waive any minor informality or irregularity in any Bid. No Bid can be withdrawn during that period. 2) The City reserves the right to reject any or all Bids, including, without limitation, the right to reject any non-conforming, non-responsive, unbalanced, or conditional bids. Contract Bonds The successful bidder shall furnish with the Contract a FAITHFUL PERFORMANCE BOND and a PAYMENT (LABOR AND MATERIALS) BOND, each in the amount of 100% of the total bid, on the forms prescribed by the City. D. Responsibility of Contractor, Hold Harmless & Indemnity Agreement The contractor shall take all responsibility for the work and shall defend, indemnify, release and hold harmless the City, its officers, officials, directors, employees, agents and volunteers, from all claims, loss, damage, injury, and liability of every kind, nature, and description, directly or indirectly arising from the performance of the contract of work regardless of responsibility for negligence (including costs and expenses, which include attorney's fees, incurred in connection therewith) and from any and all claims, loss, damage, injury, and liability, howsoever the same may be caused, resulting directly or indirectly from the nature of the work covered by the contract, regardless of responsibility for negligence (including costs and expenses, which include attorney's fees, incurred in connection therewith), but excluding liability due to the sole negligence or willful misconduct of the City. The City, pursuant to this contract and indemnity agreement, may, at the time of preparing and certifying the final voucher, an as a condition of preparing and certifying the same, require the Contractor to continue his/her bond or any part thereof, as security against any such unsatisfied claims, for a time not exceeding the time when such claims would be legally barred. Approval of the insurance SP-16 contracts required does not relieve the Contractor or sub-contractors from liability under this hold harmless and responsibility clause. E. Insurance and Liability 1) Insurance Contractor shall 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 the Work hereunder by the Contractor, its agents, representatives, employees or Subcontractors. The cost of such insurance shall be included in the Contractor’s bid. a) Neither the Contractor nor any Subcontractor shall commence any work until all required insurance has been obtained at their own expense. Such insurance must have the approval of the City as to limit, form, and amount, and shall be placed with insurers with a current A.M. Best’s rating of no less than A:VII. b) Any insurance bearing on adequacy of performance shall be maintained after completion of the Project for the full guarantee period. c) Prior to execution of the Contract, the Contractor shall furnish the City with original endorsements effecting coverage for all policies required by the Contract. The Contractor shall not permit any Subcontractor identified in the Designation of Subcontractors form to commence work on this Project until such Subcontractor has furnished the City with original endorsements effecting coverage for all insurance policies required by the Contract. The endorsements are to be on forms provided or approved by the City. The City may require the Contractor or any Subcontractor to furnish complete certified copies for all insurance policies affecting the coverage required by the Contract. d) All of the Contractor’s policies shall contain an endorsement providing that written notice shall be given to the City at least sixty (60) calendar days prior to termination, cancellation, or reduction of coverage in the policy. e) Any policy or policies of insurance that the Contractor elects to carry as insurance against loss or damage to its construction equipment and tools shall include a provision therein providing a waiver of the insurer’s right to subrogation against the City and the Director. f) The requirements as to the types, limits, and the City’s approval of insurance coverage to be maintained by the Contractor are not SP-17 intended to and shall not in any manner limit or qualify the liabilities and obligations assumed by the Contractor under the Contract. I. g) In addition to any other remedy the City may have, if the Contractor or any of the Subcontractors fail to maintain the insurance coverage as required in this Section, the City may obtain such insurance coverage as is not being maintained, in form and amount substantially the same as required herein, and the City may deduct the cost of such insurance from any amounts due or which may become due the Contractor under this Contract. h) The Contractor and all Subcontractors shall, at their expense, maintain in effect at all times during the performance of work under the Contract not less than the following coverage and limits of insurance, which shall be maintained with insurers and under forms of policy satisfactory to the City. The maintenance by the Contractor and all Subcontractors of the following coverage and limits of insurance is a material element of this Contract. The failure of the Contractor or any Subcontractor to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of this contract. Worker’s Compensation and Employer’s Liability Insurance (a) Worker Compensation The Contractor and all Subcontractors shall maintain insurance to protect the Contractor or Subcontractor from all claims under Worker’s Compensation and Employer’s Liability Acts, including Longshoremen’s and harbor Workers’ Act. Such coverage shall be maintained, in type and amount, in strict compliance with all applicable State and Federal statutes and regulations. The Contractor shall execute a certificate in compliance with Labor Code Section 1861, on the form provided in the Contract Documents. (b) Claims Against City If an injury occurs to any employee of the Contractor or any of the Subcontractors for which the employee or its dependents, in the event of its death, may be entitled to compensation from the City under the provisions of the Acts, or for which compensation is claimed from the City, there will be retained out of the sums due the Contractor under this Contract, an amount sufficient to cover such compensation as fixed by the Acts, until such compensation is paid or it is determined that no compensation is due. If the City is required to pay such compensation, the amount so paid will be deducted and retained from such sums due, or to become due, the Contractor. SP-18 II. Commercial General and Automobile Liability Insurance The Contractor shall maintain in effect at all times during the performance of the work hereunder not less than the following coverages and limits of Commercial General and Automobile Liability insurance: (a) Form and Amount The insurance shall include, but shall not be limited to, protection against claims arising from death, bodily injury, personal injury, or damage to property resulting from actions, failures to act, operations or equipment of the insured, or by its employees, agents or consultants, or by anyone directly or indirectly employed by the insured. The amount of insurance coverages shall not be less than the limits stated in the Appendix section of this document. Any deductibles must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles as respects the entity, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration expenses, and defense expenses. The commercial general and automobile liability insurance coverage shall also include the following: (b) Additional Requirements i) Provisions or endorsement naming the City, the Engineer and the City’s consultants, and each of their officers, employees, and agents, as additional insureds with respect to any potential liability arising out of the performance of any work under the Contract, and providing that such insurance is primary insurance as respects the interest of the City and the Engineer, and its consultants, and each of their officers, employees, and agents and that any other insurance, risk pool membership, or other liability protection maintained by the City or maintained by the Engineer is excess to the insurance required hereunder, and will not be called upon to contribute to any loss. ii) “Cross Liability” or “Severability of Interest” clause. iii) Broad Form Property Damage, Personal Injury, Contractual Liability, Protective Liability, and Completed Operations coverages, and elimination of any exclusion regarding loss or damage to property caused by explosion or resulting from collapse of buildings or structures or damage to property underground, commonly referred to by insurers as the “XCU” hazards. iv) Provision or endorsement stating that such insurance, subject to all of its other terms and conditions, applies to the liability assumed by the Contractor under the Contract, including, without limitation, that set forth in Section B-3E(2), Indemnity and Litigation Costs. SP-19 v) Provisions or endorsement stating that 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 officers, officials, employees, or volunteers. vi) The Contractor’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. III. Builder’s Risk or Installation Floater “All-Risk” Insurance If required, before commencement of the Work, the Contractor shall submit written evidence that it has obtained for the period of the Contract, Builder’s Risk “All-Risk” Completed Value Insurance and/or Inland Marine “All-Risk” Installation Floater Insurance, as may be applicable, upon the entire Project which is the subject of this Contract, including completed work and work in progress. The policy or policies of insurance shall name the Contractor, City, and Engineer as insured as their respective interests may appear, and shall include an insurer’s waiver of subrogation rights in favor of each. Such insurance may have a deductible clause, but the amount of the deductible shall be subject to the approval of the City, except that the deductible on earthquake coverage may be in accordance with the underwriter’s requirements. 2) Indemnity and Litigation Cost a) Promptly upon execution of the Contract, the Contractor specifically obligates itself and hereby agrees to protect, hold free and harmless, defend and indemnify the City, the Engineer and its consultants, and each of their officers, employees and agents, from any and all liability, penalties, costs, losses, damages, expenses, causes of action, claims or judgments, including attorney's fees, which arise out of or are in any way connected with the Contractor's, or its Subcontractors' or suppliers', performance of work under this Contract or failure to comply with any of the obligations contained in the Contract. This indemnity shall imply no reciprocal right of the Contractor in any action on the contract pursuant to California Civil Code section 1717 or section 1717.5. To the fullest extent legally permissible, this indemnity, defense and hold harmless agreement by the Contractor shall apply to any and all acts or omissions, whether active or passive, on the part of the Contractor or its agents, employees, representatives, or Subcontractor's agents, employees and representatives, resulting in claim or liability, irrespective of whether or not any acts or omissions of the parties to be indemnified hereunder may also have been a contributing factor to the liability, except such loss or damage which was caused by the active negligence, the sole negligence, or the willful misconduct of the City. b) In any and all claims against the City, the Engineer and each of their consultants, officers, employees and agents by any employee of the SP-20 Contractor, any Subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation under this Section shall not be limited in way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under Workers' Compensation statutes, disability benefit statutes or other employee benefit statutes. c) This indemnity shall not apply to fees and costs incurred by the City in prosecuting or defending against the Contractor in any proceeding under Sections A-2F and A-2G of these Special Provisions. 3) Protection of Work a) The Contractor shall be responsible for the care of all the Work until its completion and final acceptance. The Contractor shall, at its own expense, replace damaged or lost material and repair damaged parts of the Work or the City may do the same at the Contractor’s expense and the Contractor and its sureties shall be liable therefor. The Contractor shall make its own provisions for properly storing and protecting all material and equipment against theft, injury, or damage from any and all causes. Damaged material and equipment shall not be used in the Work. The Contractor shall take all risks from floods and casualties except as provided by law, and shall make no charge for the restoration of such portions of the work as may be destroyed or damaged by flood or other casualties or because of danger from flood or other casualties or for delays from such causes. The Contractor may, however, be allowed a reasonable extension of time on account of such delays, subject to the conditions herein before specified. The Contractor shall not be responsible for the cost, in excess of five percent (5%) of the contracted amount, of repairing or restoring damage to the Work, if the damage was proximately caused by an earthquake in excess of a magnitude of 3.5 on the Richter Scale or by tidal waves; provided that the Work damaged was built in accordance with accepted and applicable building standards, and the plans and specifications of the City. b) The Contractor shall effectively secure and protect adjacent property and structures, livestock, crops and other vegetation. If applicable, the Contractor shall open fences on or crossing the right-of-way and install temporary gates of sound construction thereon so as to prevent the escape of livestock. Adjacent fence posts shall be adequately braced to prevent the sagging or slackening of the wire. Before such fences are opened, the Contractor shall notify the owner or tenant of the property and, where practicable, the opening of the fence shall be in accordance with the wishes of the owner or tenant. The Contractor shall be responsible that no loss or inconvenience shall accrue to the owner or tenant by virtue of their fences having been opened or the gate not having been either shut or attended at all times. Where special types of fences are encountered, the Contractor shall install SP-21 temporary gates made of similar materials and of suitable quality to serve the purposes of the original fences. In all cases where the Contractor removes fences to obtain workroom, the Contractor shall provide and install temporary fencing as required, and on completion of construction shall restore the original fence to the satisfaction of the Engineer. All costs of providing, maintaining and restoring gates and fencing shall be home by the Contractor. The Contractor shall provide and maintain all passageways, guard fences, lights and other facilities for protection required by public authority or local conditions. c) The Contractor shall use extreme care during construction to prevent damage from dust to crops and adjacent property. The Contractor, at its own expense, shall provide adequate dust control for the right-ofway and take other preventative measures as directed by the Engineer. d) The Contractor shall be responsible for all damage to any property resulting from trespass by the Contractor or its employees in the course of their employment, whether such trespass was committed with or without the consent or knowledge of the Contractor. e) The Contractor shall see that the Site is kept drained and free of all ground water and any other water which may impede the progress or execution of the Work. f) The Contractor shall be responsible for any damage caused by drainage or water runoff from construction areas and from construction plant areas. g) In an emergency affecting the safety of life, the Work, or adjoining property, the Contractor, without special instruction or authorization from the Engineer, is hereby permitted to act at its discretion to prevent such threatened loss or injury, and the Contractor shall so act without appeal if so instructed or authorized. Any compensation claimed by the Contractor on account of emergency work shall be determined as specified under Section A-2. Should the Engineer deem an emergency condition to exist, the Contractor shall immediately do those things and take those steps ordered by the Engineer. The decision of the Engineer in this respect shall be final and conclusive. Any claims for compensation made by the Contractor on account of emergency work shall be determined as specified under Section A-2. h) Except as provided by Government Code Section 4215, the Contractor shall be responsible for the removal, relocation and protection of all public and private utilities, including irrigation facilities in the nature of utilities, located on the site of the construction Project if and to the extent that the same are identified in the Contract Documents, and the Contractor shall not be entitled to any extension of time or claim for damages for extra compensation in connection therewith. If and to the extent that such utilities or facilities are not identified in the Contract SP-22 Documents, as between the Contractor and the City, the City will be responsible for the cost of their removal, relocation or protection, as the case may be, but the Contractor shall perform any such work in conformance with applicable provisions of Sections A-2A and A-2B, if so directed by the Engineer. In such situations the Contractor shall not be responsible for delay in completion of the Project caused by the failure of the City or the owner of the utility to provide for such removal or relocation. If the Contractor, while performing the Contract, discovers utility or irrigation facilities not identified by the City in the Contract Documents, the Contractor shall immediately notify the Engineer in writing. i) Subject to the provisions of this Section, where the Work to be performed under the Contract crosses or otherwise interferes with existing streams, watercourses, canals, farm ditches, pipelines, drainage channels, or water supplies, the Contractor shall provide for such watercourse or pipelines and shall perform such construction during the progress of the Work so that no damage will result to either public or private interests, and the Contractor shall be liable for all damage that may result from failure to so provide during the progress of the Work. 4) Accidents a) The Contractor shall provide and maintain, in accordance with Labor Code Section 6708 and OSHA requirements, adequate emergency first-aid treatment for its employees and anyone else who may be injured in connection with the Work. b) The Contractor shall promptly report in writing to the Engineer all accidents whatsoever arising out of or in connection with, the performance of the Work, whether on or adjacent to the site, which caused death, personal injury, or property damage, giving full details and statements of witnesses. In addition, if death or serious injury or serious damage is caused the accident shall be reported immediately by telephone or messenger to the City and the Engineer. c) If any claim is made by anyone against the Contractor or any Subcontractor on account of any accident, the Contractor shall promptly report the facts in writing to the Engineer, giving full details of the claim. 5) No Personal Liability Neither the City, the Engineer, nor any of their other officers, agents, or employees shall be personally responsible for any liability arising under the Contract, except such obligations as are specifically set forth herein. F. Exclusions – This insurance does not cover tools owned by mechanics, any tools, equipment, scaffolding, staging, towers, and forms rented or owned by the SP-23 Contractor, the capital value of which is not included in the cost of the work or any shanties or other structures erected for the sole convenience of the workers. G. Beginning of Work, Time of Completion and Liquidated Damages – Time is of the essence on this contract. The Contractor shall show evidence that all necessary materials have been ordered within TEN (10) working days from the date the Notice to Proceed is issued by the Engineer or a stop work notice will be issued and any applicable working days will be charged. The Contractor shall begin work on or before the tenth (10th) working day after the date of the Notice to Proceed, and shall diligently prosecute the same to completion within Time of Completion specified in the Technical Specifications. It is understood that failure of the Contractor to complete the work within the stipulated number of days will or may subject the City to serious loss or damage. Should the Contractor fail to complete the work provided for herein, within the time fixed for such completion, due allowance being made for unavoidable delays, he/she shall become liable to the City for the amount specified under Liquidated Damages in the Technical Specifications, for each day said work remains incomplete beyond the time for completion, as and for liquidated damages and not as a penalty, agreed upon by the parties to the contract, it being expressly stipulated that it would be impracticable and extremely difficult to fix the actual amount of damage. If it appears to the Contractor that he/she will not complete the work provided in this contract in the time agreed, he/she shall make written application to the City at least FIVE (5) CALENDAR DAYS PRIOR TO THE EXPIRATION OF THE TIME FOR COMPLETION, stating the reason why and amount of extension which he/she believes should be granted. The City may then, in its discretion, grant or deny, such extension. Any money due, or to become due, the Contractor may be retained to cover the said liquidated damages, and should such money not be sufficient to cover such damages, the City shall have the right to recover the balances from the Contractor, or his/her sureties. 4. Scope of the Work A. General – Attention is directed to the provisions of Section 4 of the Standard Specifications, as supplemented herein, for the requirements and conditions concerning the scope of the work. B. Increased and Decreased Quantities – All items of work will be paid for at the respective prices listed in the proposal or bid for any quantities of such work done and accepted by the City. No adjustments to unit prices will be made for any increase or decrease of actual, final quantities from the Engineer's estimated bid sheet quantities. The first and second paragraphs of Section 4-1.03, “Changes,” of the Standard Specifications are amended to read: SP-24 The City reserves the right without changing the scope of work, to make such alterations deviations, additions to or deletions from the plans and specifications, including but not limited to, the right to add or delete any portion of the work to be done with no additional compensation or change in lump sum or unit bid prices. The City also reserves the right without changing the scope of work, to increase or decrease the quantity of any item or portion of the work, as may be deemed by the Engineer to be necessary or advisable and to require such extra work as may be determined by the Engineer to be required for the proper completion or construction of the whole work contemplated. Engineer Estimate quantities are approximate only and will be used as a basis for a comparison of bids. C. Hours of Work – Regular working hours are 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays observed by the City. No work outside of the regular working hours shall be done unless previously requested by the contractor in writing and approved by the Engineer. The Contractor shall be responsible for reimbursement to the City for the cost of providing inspection outside the normal workday or on weekends or holidays. All inspection work outside the regular work hours shall be charged at each inspector’s current overtime rate with applicable overhead. Unless otherwise noted in the contract documents, a minimum of two 10-foot wide travel lanes (in each direction) shall remain open to traffic between the hours of 6:00 AM and 9:00 PM on the following streets: • Antelope Road - From Sunrise Boulevard to western city limits; • Auburn Boulevard - From north city limit to Manzanita Avenue; • Madison Avenue (wbnd) - From Fair Oaks Boulevard to western city limits; • Greenback Lane - From Fair Oaks Boulevard to western city limits; • Sunrise Boulevard - From north city limit to Madison Avenue; Holiday Construction Moratorium - Except as provided in the Technical Provisions or as approved by the Engineer, Construction will be suspended and no activities that interfere with public traffic shall be conducted on designated streets during the holiday season (defined as period between the Friday preceding Thanksgiving and the 1st Monday in January falling at least three (3) calendar days after New Year's Eve Day. Designated streets are: • Antelope Road - From Sunrise Boulevard to western city limits; • Auburn Boulevard - From north city limit to Manzanita Avenue; • Madison Avenue (wbnd) - From Fair Oaks Boulevard to western city limits; • Greenback Lane - From Fair Oaks Boulevard to western city limits; • Sunrise Boulevard - From north city limit to Madison Avenue; All existing pits, excavations, trenches, and openings in the road surface shall be backfilled and paved to produce a level and smooth surface. All barricades and barriers shall be removed from traffic lanes, unless authorized by the Engineer. Only emergency repairs will be permitted during the holiday season. Unless otherwise stipulated in the Contract documents, the holiday season as described above is accounted for in the original contract duration, and Working Days will continue to be counted during this SP-25 suspension period. Baseline and progress schedules shall include this suspension period if applicable. 5. Control of the Work – Attention is directed to the provisions of Section 5 of the Standard Specifications for the requirements and conditions concerning control of the work. 6. Control of Materials – Attention is directed to the provisions of Section 6 of the Standard Specifications for the requirements and conditions concerning the control of materials. 7. Legal Relations and Responsibility 8. A. General – Attention is directed to the provisions of Section 7 of the Standard Specifications, as supplemented herein, for the requirements and conditions concerning legal relations and responsibility. B. Hours of Labor – Eight hours labor constitutes a legal day’s work. The Contractor shall forfeit, as a penalty, to the City, $25.00 for each work person employed in the execution of the contract by the Contractor or any Subcontractor under him/her for each calendar day during which such work person is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of provisions of the Labor Code of the State of California, Section 1810 to Section 1815. C. Public Convenience and Safety – Public Convenience and Safety shall be in accordance with Section 6-12 Public Convenience and Safety of the Sacramento County Standard Construction Specifications. D. Damage to Private Property – Any damage to private property caused by the Contractor and adjudged to be the responsibility of the Contractor by the Engineer shall be rectified to the satisfaction of the Engineer within a reasonable time, depending on the extent of the damage. Said reasonable time shall be as determined by the Engineer, and if the condition is not rectified, the Engineer shall have the power and authority to rectify said damage and the cost thereof to be paid for by the Contractor, either by direct payment to the City of Citrus Heights, or by deducting said amount from moneys due the Contractor. Measurement and Payment A. Measurement of Quantities 1) Where the Contract provides for payment on a “Lump Sum” or “Job” basis shall result in a complete structure, operating plant or system in satisfactory working condition in respect to the functional purposes of the installation, and no extra compensation will be allowed for anything omitted but fairly implied. 2) Payment for all work bid at a price per unit of measurement will be based upon the actual quantities of work as measured upon completion. The City does not expressly or by implication agree that the actual amount of work or materials of any class will correspond to the estimated quantities SP-26 given in the proposal. The Contractor shall make no claim nor receive any compensation for anticipated profits, for loss of profit, for damages, or for any extra payment whatever because of any difference between the amount of work actually done and materials furnished and the estimated amount. B. C. 3) All quantities of work computed under the Contract shall be based upon measurements in accordance with the United States Measurements and Weights. 4) Methods of measurement are specified herein and in the Technical Specifications. Scope of Payment 1) The Contractor shall accept the compensation provided in the Contract as full payment for furnishing all labor, materials, tools, equipment, and incidentals necessary to the completed work and for performing all work contemplated and embraced under the Contract; also for loss or damage arising from the nature of the work, or from the action of the elements, or from any unforeseen difficulties which may be encountered during the prosecution of the Work until the acceptance by the City and for all risks of every description connected with the prosecution of the Work, also for all expenses incurred in consequence of the suspension or discontinuance of the work as provided in the Contract; and for completing the Work according to the Specifications and Plans. Neither the payment of any estimate nor of any retained percentage shall relieve the Contractor of any obligation to make good any defective work or material. 2) No compensation will be made in any case for loss of anticipated profits. Increased or decreased work involving supplemental agreements will be paid for as provided in such agreements. 3) The Work includes the preparatory work and operations needed for mobilization and demobilization of the Project. The Work, however, does not include establishing the Director’s field facility(s) of utility work and connections needed for these facilities. Progress Estimate For each pay period of Contract work, the Contractor shall prepare a written progress estimate of the value of all work performed under the Contract, including any amounts due the Contractor for Extra Work and Change Orders. In arriving at the value of the work done, the Contractor shall give consideration to the value of labor and materials which have been incorporated into the permanent work during the preceding month. Consideration will not be given to preparatory work done or for materials or equipment on hand. The Contractor shall verify the estimated quantities of all pay items with the City’s Inspector prior to submitting a final Progress Payment Request to the Engineer. To assist the Engineer in reviewing Progress Payment Requests, all Progress SP-27 Payment Requests submitted by Contractor shall be accompanied by sufficient documentation to validate payable quantities for the preceding pay period. Documentation shall include, but is not limited, Quantity Sheets for each bid item, in a form approved by the Engineer, summarizing the daily quantity placed/installed with dimensions and location (with centerline station to station references and left or right indicated) and copies of invoices and/or trucking delivery tags. Additional documentation may be requested by the Engineer to adequately verify any bid item quantity. D. Progress Payments 1) The City will pay the Contractor ninety-five percent (95%) of the amount of each progress estimate within 30 days after receipt of an undisputed and properly submitted progress estimate from the Contractor. If the City fails to pay an undisputed progress estimate within the allotted thirty (30) days, the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of section 685.010 of the Code of Civil Procedure. Five percent (5%) of the amount of each estimate shall be retained by the City until final completion and acceptance of all work under the Contract. 2) Upon receipt of a payment request, the City shall act in accordance with both of the following: a) Each payment request shall be reviewed by the City as soon as practicable after receipt for the purpose of determining that the progress estimate is a proper payment request. b) Any payment request determined not to be a proper payment request suitable for payment shall be returned to the Contractor as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this Section shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper. 3) The number of days available to the City to make a payment without incurring interest pursuant to this Section shall be reduced by the number of days by which the City exceeds the seven-(7) day return requirement set forth in paragraph (ii) of subdivision (b). 4) The Contractor may, in accordance with the provisions of Public Contracts Code section 22300, substitute securities for any monies, which the City may withhold to ensure performance under the Contract. 5) When, in the judgment of the Engineer, the Work is not proceeding in accordance with the provisions of the Contract, or when in the Engineer’s judgment the total amount of the Work done since the last estimate amounts to less than one thousand dollars ($1,000), no pay estimate will be prepared and no progress payment will be made. SP-28 E. 6) No progress estimate or payment shall be considered to be an approval or acceptance of any work, materials or equipment. Estimated amounts and values of work done and materials and equipment furnished will be conformed to actual amounts and values as they become available in subsequent progress estimates, progress payments and the final estimate and payment. All estimates and payments will be subject to correction in subsequent progress estimates and payments and the final estimate and payment. 7) It is mutually agreed between the parties to the Contract that no payments made under the Contract, including progress payments and the final payment shall be evidence of the performance of the Contract, either wholly or in part, and no payment shall construed to be an acceptance of any defective or incomplete work or improper materials. Liens and Stop Notices The Contractor agrees to keep the Work, the site of the Work and all monies held by the City free and clear of all liens and stop notices related to labor and materials furnished in connection with the Work, if permitted by law. Furthermore, the Contractor waives any right it may have to file any type of lien or stop notice in connection with the Work. Notwithstanding anything to the contrary contained in the Contract Documents, if any such lien or stop notice is filed or there is evidence to believe that lien or stop notice may be filed at any time during the progress of the Work or within the duration of this Contract, the City may refuse to make any payment otherwise due the Contractor or may withhold any payment due the Contractor a sum sufficient in the opinion of the City to pay all obligations and expenses necessary to satisfy such lien or stop notice. The City may withhold such payment unless or until the Contractor, within ten (10) days after demand therefor by the City, shall furnish satisfactory evidence that the indebtedness and any lien or stop notice in respect thereof has been satisfied, discharged and released of record, or that the Contractor has legally caused such lien or stop notice to be released of record pending the resolution of any dispute between the Contractor and any person or persons filing such lien or stop notice. If the Contractor shall fail to furnish such satisfactory evidence within ten (10) days of the demand therefor, the City may discharge such indebtedness and deduct the amount thereof, together with any and all losses, costs and damages suffered or incurred by the City from any sum payable to the Contractor under the Contract documents, including but not limited to final payment and retained percentage. This Section shall be specifically included in all Subcontracts and purchase orders entered into by the Contractor. F. Final Estimate As soon as possible after the completion of the work and receipt of all documentation required to be submitted by the Contractor is received, the Engineer shall make up the final estimate of the total amount of work done, segregated as to contract item quantities and contract change order work, and the value of such work; and this amount, after deducting all previous payments and all amounts to be deducted and retained under the provisions of the contract, SP-29 shall constitute the final payment. All prior estimates and payments shall be subject to correction in the final estimate. Within fifteen (15) calendar days after the proposed final estimate is submitted to the Contractor, the Contractor shall submit to the Engineer the Contractor’s written approval of said estimate or a written statement of the Contractor’s exceptions thereto. If the Contractor files a statement of exceptions, it shall be in sufficient detail to enable the Engineer to ascertain the basis and amount of said claims. If the Contractor fails to file a statement within the time allowed, it shall be construed to be acceptance of the final estimate as submitted to the Contractor. Any claim of the Contractor or the Contractor’s subcontractors or suppliers with respect to the performance or breach of the contract or any alterations thereof (except for payment of the balance of the contract price as set forth in the final estimate) not specifically set forth in such a statement is waived by the contractor. G. Right to Withhold Payments 1) 2) In addition to all other rights and remedies of the City hereunder and by virtue of the law, the City may withhold or nullify the whole or any part of any partial or final payment to such extent as may reasonably be necessary to protect the City from loss on account of: a) Defective work not remedied, irrespective of when any such work be found to be defective; b) Claims or liens filed or reasonable evidence indicating probable filing of claims or liens including, but not limited to claims under Sections 1775, 1776, or 1777.7 of the Labor Code; c) Failure of the Contractor to make payments properly for labor, materials, equipment, or other facilities, or to Subcontractors and/or suppliers; d) A reasonable doubt that the Work can be completed for the balance then unearned; e) A reasonable doubt that the Contractor will complete the Work within the agreed time limits; f) Costs to the City resulting from failure of the Contractor to complete the Work within the proper time; or g) Damage to work or property. Whenever the City shall, in accordance herewith, withhold any monies otherwise due the Contractor, written notice of the amount withheld and the reasons therefor will be given the Contractor. After the Contractor has corrected the enumerated deficiencies, the City will promptly pay to the Contractor the amount so withheld. When monies are withheld to protect the City against claims or liens of mechanics, materialmen, Subcontractors, etc., the City may at its discretion permit the Contractor to SP-30 deliver a surety bond in terms and amount satisfactory to the City, indemnifying the City against any loss or expense, and upon acceptance thereof by the City, the City shall release to the Contractor monies so withheld. H. Final Payment On the expiration of thirty-five (35) days from the date of acceptance of the contract and filing a Notice of Completion with the Office of the County Recorder, the difference between the final estimate and all payments theretofore made to the Contractor shall be due and payable to the Contractor, subject to any requirements concerning the furnishings of a maintenance bond, and excepting only such sum or sums as may be withheld or deducted in accordance with the material furnished to the City on the located at provisions of this Contract. All prior certifications upon which partial Payments may have been made, being merely estimates, shall be subject to correction in the final certificate. I. Final Release Final payment to the Contractor in accordance with the final estimate is contingent upon the Contractor furnishing the City with a signed written release of all claims against the City arising by virtue of the Contract. The Contractor, from the operation of the release, may specifically exclude disputed Contract claims in stated amounts. The release shall be in substantially the following form: WAIVER AND RELEASE UPON FINAL PAYMENT The undersigned has been paid in full by the City for all labor, services, equipment and material furnished to the City on the ____________________________ (name of Project) located at ____________________________ and does hereby waive and release the City, its officers, agents, and employees, from all claims and liability to the Contractor arising out of, or in any way connected with, the Contract, except for the disputed contract claims specified below: Notice of Disputed Claim Amount of Claim $ Date Name, Title Name of Contractor J. Waiver of Interest The City shall have no obligation to pay and the Contractor hereby waives the right to recover interest with regard to monies, which the City is required to withhold by reason of judgment, order, statute or judicial process. SP-31 9. Antitrust Claim Assignment In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to this contract, the Contractor and all Subcontractors shall offer and agree 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. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgement by the parties. 10. Prosecution and Progress Attention is directed to the provisions of the Standard Specifications for the requirements and conditions concerning the prosecution and progress of the work and the assignment of the contract. 11. Permits and Code A. The Contractor shall give all notices required by and comply with all applicable laws, ordinances and codes of the City of Citrus Heights. All construction work and/or utility installations shall comply with all applicable ordinances and codes including all written waivers. Before installing any work, the Contractor shall examine the Drawings and Technical Specifications for compliance with applicable ordinances and codes and shall immediately report any discrepancy to the City Engineer of the City of Citrus Heights. Where requirements of the Drawings and Technical Specifications fail to comply with such applicable ordinances and codes, the City of Citrus Heights will adjust the contract by Change Order to conform to such ordinances and codes (unless waivers in writing covering the differences have been granted by the governing body or department) and make appropriate adjustment in the contract price or stipulated unit prices. Should the Contractor fail to observe the foregoing provisions and proceed with the construction and/or install any utility variance with any applicable ordinance or Code including any written waivers (not with-standing the fact that such installation is in compliance with the Drawings and Technical Specifications) the Contractor shall remove such work without cost to the City and a Change Order will be issued to cover only the excess cost the Contractor would have been entitled to receive if the change had been made before the Contractor commenced work on the items involved. B. The Contractor shall comply with applicable laws and ordinances governing the disposal of surplus excavation, materials, debris and rubbish on or off the project area and commit no trespass on any public or private property in any operation due to or connected with the improvements embraced in this contract. SP-32 12. Apprenticeship Requirements California Labor Section 1777.5 requires in the employment of apprentices in public works contracts: A. Only registered apprentices within a written agreement in an approved apprentice-training program providing no less than 2,000 hours of continuous employment and education are eligible for employment on public works (in compliance with Labor Section 3077). B. A contractor is no longer required to submit Form DAS-7, but must submit award information to the local applicable joint apprenticeship committee. The award information must include: C. 1) an estimate of the journeyman hours; 2) the number of apprentices to be employed; and 3) the approximate dates of apprentice employment. The minimum statutory 1:5 hourly ratio of work stipulates that no less than one hour of apprentice work for every five hours of journeyman labor on any day of work. (Any journeyman work performed beyond 8 hours per day or 40 hours per week shall not be used to calculate the hourly ratio.) This section shall not apply to specialty contractors or general contractors whose contracts involve less than Thirty Thousand Dollars ($30,000.00) or 20 working days. The Division of Apprenticeship Standards may grant a certificate exempting the contractor from the minimum 1:5 hourly ratio under any one of the following: 1) Unemployment exceeds an average of 15% in the area for the previous 3-month period; 2) The number of apprentices in training in such area exceeds a ratio of 1:5; 3) The apprentice able craft or trade is replacing at least one-thirtieth of its journeymen annually through apprenticeship training, either locally or statewide; 4) The specific task would jeopardize the apprentice's life or public safety or no training can be provided to an apprentice by a journeyman for the specific task. D. Apprentices employed on public works projects can only be assigned to perform work of the craft or trade to which the apprentice is registered. E. All contractors with employees in any apprentice able occupation, regardless of the actual employment of journeymen or apprentices for the awarded public work, must either contribute to the local training trust fund or to the California SP-33 Apprenticeship Council, P.O. Box 603, San Francisco, CA 94101 (as set forth in Section 227). F. Any person who violates Section 1777.5 shall pay a civil penalty of One Hundred Dollars ($100.00) for each calendar day of noncompliance. Any person who willfully violates Section 1777.5 shall pay the One Hundred Dollars ($100.00) fine for each calendar day of noncompliance and shall be denied the right to bid on, or to receive, any public works contract for a period of up to one year for the first violation and up to three years for any additional violations. Compliance disputes arising under Section 1777.5 shall be adjudicated under 8 California Code of Regulations, Article 1. G. Within five (5) days of a public works contract award, the awarding agency must send a copy of the award to the Division of Apprenticeship Standards under Section 1773.3. Within five (5) days of finding any discrepancy regarding the hourly ratio of apprentices to journeymen, the awarding agency shall notify the Division of Apprenticeship Standards. H. 13. The Contractor shall be responsible for compliance for all requirements for occupations subject to apprenticeships as provided by this Contract and/or applicable law. Subcontracting Attention is directed to the provisions in Section 8-1.01, "Subcontracting" of the Standard Specifications and these Special Provisions. Installation of traffic signals shall be considered a "specialty item" as defined in Section 8 of the Caltrans Standard Specifications. In accordance with the requirements of Sections 4100 and 4113, inclusive, of the Public Contract Code, each bidder shall list in his proposal all the names and business address of each subcontractor to whom the bidder proposes to subcontract work and shall list each subcontractor licensed by the State of California. Said list shall include a description of the portion of the work which will be done by each subcontractor. A sheet for listing the subcontractors, as required, is included in the proposal. 14. Performance of Subcontractors and Suppliers The Subcontractors and suppliers listed in the Proposal shall perform the work and supply the materials for which they are listed unless the Contractor has received prior written authorization from the Engineer to perform the work with other forces or to obtain the materials from other sources. SP-34 Authorization to utilize other forces or sources of materials may be requested for the following reasons: A. The listed subcontractor, after having had a reasonable opportunity to do so fail or refuses to execute a written contract, when such written contract, based upon the general terms, conditions, plans and specifications for the project, or on the terms of such subcontractor’s or supplier’s written bid, is presented by the Contractor. B. The listed subcontractor becomes bankrupt or insolvent. C. The listed subcontractor fails or refuses to perform his subcontract or furnish the listed materials. D. The Contractor stipulated that a bond was condition of executing a subcontract and the listed subcontractor fails or refuses to meet the bond requirements of the Contractors. E. The work performed by the listed subcontractor is substantially unsatisfactory and is not in substantial accordance with the plans and specifications, or the subcontractor is substantially delaying or disrupting the progress of the work. F. It would be in the best interest of the City. The Contractor shall not be entitled to any payment for such work or material unless it is performed or supplied by the listed subcontractor or by other forces (including those of the Contractor) pursuant to prior written authorization of the Engineer. 15. Permits and Licenses Attention is directed to Section 7-1.04, "Permits and Licenses" of the Standard Specifications and these Special Provisions. The California Environmental Quality Act of 1970 (Chap. 1433, Stats. 1970), as amended by Chapter 1154, Stats. 1972, may be applicable to permits, licenses and other authorizations which the Contractor must obtain from local agencies in connection with performing the work of the contract. The Contractor shall comply with the provisions of said statutes in obtaining such permits, licenses and other authorizations and they shall be obtained in sufficient time to prevent delays to the work. In the event that the City has obtained permits, licenses or other authorizations, applicable to the work, in conformance with the requirements in said California Environmental Quality Act of 1970, the Contractor shall comply with the provisions of said permits, licenses, and other authorizations. 16. Statistical Testing Moving average requirements are waived. SP-35 17. Highway Construction Equipment Attention is directed to Sections 7-1.011, "Vehicle Code" and 7-1.02, "Weight Limitations" of the Standard Specifications and these Special Provisions. Pursuant to the authority contained in Section 591 of the Vehicle Code, the Department has determined that, within such areas as are within the limits of the project and are open to public traffic, the Contractor shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. Attention is directed to the statements in Section 591 that this section shall not relieve the contractor or any person from the duty of exercising due care. The Contractor shall take all necessary precautions for safe operation of his/her equipment and the protection of the public from injury and damage from such equipment. 18. Equipment Rental Rates The requirements concerning equipment rental rates in Section 9-1.03A(3), "Equipment Rental" and Section 9-1.03A(3b), "Equipment Not on the Work", of the Standard Specifications are modified as follows: The Contractor will be paid for the use of equipment at the rental rates listed for such equipment in the Department of Public Works, Division of Highway's publication Section 9-1.03A(3b), "Equipment Not on the Work" of the Standard Specifications is amended by adding the following: When extra work, other than work specifically designated as extra work in the plans and specifications, is to be paid for on a Force Account basis and the Engineer determines that such extra work required the Contractor to move on to the work equipment which could not reasonably have been expected to be needed in the performance of the contract, the Engineer may authorize payment for the use of such equipment at equipment rental rates in excess of those listed as applicable for the use of such equipment subject to the following additional conditions: A. The Engineer shall specifically approve the necessity for the use of particular equipment on such work. B. The Contractor shall establish to the satisfaction of the Engineer that such equipment cannot be obtained from his/her normal equipment source or sources and those of his/her subcontractors. C. The Contractor shall establish to the satisfaction of the Engineer that the proposed equipment rental rate for such equipment from his/her proposed source is reasonable and appropriate for the expected period of use. D. The Engineer shall approve the equipment source and the equipment rental rate to be paid by the State before the Contractor begins work involving the use of said equipment. SP-36 19. Sound Control Requirements The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances, which apply to any work performed pursuant to the contract. Each internal combustion engine, used for any purpose on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said muffler. The noise level from the Contractor's operations, between the hours of 9:00 p.m. and 7:00 a.m. shall not exceed 50 dBA and between the hours of 7:00 a.m. and 9:00 p.m. shall not exceed 80 dBA at a distance of 50 feet. Said noise level requirement shall apply to all equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. 20. Hazardous Waste in Excavation If the Contractor encounters material in excavation that the contractor has reason to believe may be hazardous waste as defined by Section 25117 of the Health and Safety Code, the contractor shall immediately so notify the Engineer in writing. Excavation in the immediate area of the suspected hazardous material shall be suspended until the Engineer authorizes it to be resumed. If such suspension delays the current controlling operation, the Contractor shall be granted an extension of time as provided in Section 81.07, "Liquidated Damages", of the Standard Specifications. If such suspension delays the current controlling operation by more than 2 working days, the delay shall be considered a right of way delay and the Contractor shall be compensated for such delay as provided in Section 8-1.09, "Right of Way Delays", of the Standard Specifications. The City reserves the right to use other forces for exploratory work to identify and determine the extent of such material and for removing hazardous material from such area. 21. Referenced Specifications The references to Federal specifications and other specifications for the various materials to be furnished by the Contractor shall include, in addition to the basic specifications referred to, all applicable amendments to the specifications and all emergency alternate specifications which have been promulgated and are in effect on the date bids are received. When more than one reference specification is referred to for a material, the material used shall be the one of the highest grade or standard. SP-37 22. Safety A. General 1) The Contractor shall be solely and completely responsible for the conditions of the job Site, including safety of all persons and property during performance of the Work. This requirement shall apply continuously and not be limited to normal working hours. Safety provisions shall conform to all applicable Federal, State, and local laws, ordinances, and codes, and to the rules and regulations established by the California Division of Industrial Safety, and to other rules of law applicable to the Work. 2) The services of the Director in conducting construction review of the Contractor’s performance is not intended to include review of the adequacy of the Contractor’s work methods, equipment, bracing or scaffolding or safety measures, in on, or near the construction site, and shall not be construed as supervision of the actual construction nor make the Director or the City responsible for providing a safe place for the performance of work by the Contractor, Subcontractors, or suppliers; or for access, visits, use work, travel or occupancy by any person. 3) The Contractor shall carefully instruct all personnel working in potentially hazardous work areas as to potential dangers and shall provide such necessary safety equipment and instruction as is necessary to prevent injury to personnel and damage to property. Special care shall be exercised relative to electrical work, work involving excavation and in sump pump work. 4) All work and material shall be in strict accordance with all applicable State, Federal and local laws, rules, regulations, and codes 5) Nothing in this Contract is to be construed to permit work not conforming to governing law. When Contract Documents differ from governing law, the Contractor shall furnish and install the higher standards called for without extra charge. All equipment furnished shall be grounded and provided with guards and protection as required by safety codes. Where law requires vapor-tight or explosion-proof electrical installation, this shall be provided. 6) The Contractor shall submit a safety plan and/or narrative description to the Director prior to commencement of the Work. This safety plan and/or narrative description shall describe all first aid, safety clothing, etc. to be used at Project Site. SP-38 B. 23. Shoring and Trench Safety Plan 1) Attention is directed to Section 832 of the Civil Code of the State of California relating to lateral and subjacent support. The Contractor shall comply with this and other applicable laws including Public Contract Code section 7104. 2) In accordance with Section 6705 of the State Labor Code, the Contractor shall submit to the City specific plans to show details of provisions for worker protection from caving ground. Not less than thirty (30) days before beginning excavation for any trench or trenches five feet or more in depth required under this Contract, the Contractor shall furnish to the Director working drawings of its trench safety plan. The trench safety plan working drawings shall be detailed plans showing the design of the shoring, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground. If such plan varies from shoring system standards established by the Construction Safety Orders of the California Division of Industrial Safety or the Federal Safety and Health Regulations for Construction of the Occupational Safety and Health Administration, Department of Labor, the plan shall be prepared by a registered civil or structural Director. In no event shall the Contractor use a shoring, sloping or protective system less than required by the Construction Safety Orders, or less effective than that required by the Federal Safety Standards. Submission of this plan in no way relieves the Contractor from the requirement to maintain safety in all operations performed by itself or its Subcontractors. Warranty Bond As a condition precedent to the completion of this contract, the Contractor shall furnish in triplicate a bond of a surety company authorized to do business in the State of California acceptable to the owner in an amount of one hundred percent (100%) of the total contract price plus change orders, to hold good for a period of one year after the completion and acceptance of the work, to protect the City against the results of defective materials, work quality and equipment during that time. This bond shall be delivered to the City before the Engineer shall recommend the acceptance of the work to the City Council. SECTION C – WAGE AND EQUIPMENT RATES 1. Prevailing Wage Rates – In accordance with the provisions of Section 1770 of the Labor Code of the State of California, the Director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages applicable to the work to be done, and a current copy of said prevailing wages is on file with the City Clerk. Should the minimum Federal Wage Rate be higher than the rate determined by the Director of the Department of Industrial Relations, then the Federal Wage Rate Determination shall govern. SP-39 The successful bidder will be required to post a copy of these general prevailing rates of per diem wages in a conspicuous place at the job site forthwith upon undertaking the public work called for herein. In addition, the City of Citrus Heights requires that the Contractor and all his/her Subcontractors shall pay their employees on said work a salary or wage at least equal to the prevailing salary or wage for work of similar character in the locality in which the public work is performed. The Contractor shall, as a penalty, forfeit to the City the amount specified by law for each calendar day or portion thereof, for each employee paid less than the prevailing salary or wage for any public work done under the contract by him/her or any subcontractor under him/her. The State Labor Code states that for violations of public works laws relating to payment of prevailing wages, the City of Citrus Heights will be required to withhold from any progress payments owed to a contractor any amounts that have been forfeited as penalties, or as wages owed to employees, who have not been paid the prevailing wage for work performed. Effective 1/1/97, the City is required to directly transfer all withheld wages and penalties to the Labor Commissioner for disbursement in those cases where a contractor fails to bring a lawsuit for amounts withheld within 90 days after the completion of the public works contract and formal acceptance of the job by the City. Also, the Labor Commissioner is permitted to intervene in any lawsuit brought by the contractor against an awarding body for recovery of amounts withheld. In the event that the contract does not prevail in the lawsuit to recover the amounts withheld, the wages and penalties will then be forwarded to the Labor Commissioner for disbursement in the manner previously described. 2. Payroll Record – In accordance with the provisions of Section 1776 of the Labor Code of the State of California, the Contractor shall keep an accurate payroll record, showing the name, address, social security number, 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 the Contractor in connection with this project. This payroll record shall be certified and available for inspection at all reasonable hours at the principal office of the successful bidder and a certified copy shall be furnished within ten (10) days after receipt of a written request by the following parties: A. An employee or his/her authorized representative B. City's representative C. Representative of Labor Standard Enforcement and Division of Apprenticeship Standard of Department of Industrial Relations Any copy of the payroll record made available for inspection and furnished to the public through the above entities shall not disclose names, addresses or social security numbers of individual employees except the name and address of the Contractor. In the event of non-compliance with the requirement of this subdivision, the Contractor shall have ten (10) days in which to comply subsequent to receipt of written notices from SP-40 the State or City. If the non-compliance is still evident after the ten-day period, the Contractor shall, as a penalty, forfeit to the City the amount specified by law for each calendar day, for each employee, until strict compliance is effectuated. 3. Equipment Rental Rates – Equipment rental will be paid for as provided under Section 9-1.03A of the State Standard Specifications at the rates listed in the EQUIPMENT RENTAL RATES TABLE of the State of California, Department of Public Works, Division of Highways, latest issue, for use in their Special Provisions, a copy of which Table of Rates is filed in the City Engineer's Office. SP-41 STATE OF CALIFORNIA – DEPARTMENT OF INDUSTRIAL RELATIONS DIVISION OF APPRENTICESHIP STANDARDS TO: California Department of Industrial Relations Division of Apprenticeship Standards P.O. Box 420603 San Francisco, CA 94142 EXTRACT OF PUBLIC WORKS CONTRACT AWARD FROM: City of Citrus Heights General Services Department 6237 Fountain Square Drive Citrus Heights, CA 95621 A CONTRACT TO PERFORM PUBLIC WORKS UNDER LABOR CODE SECTION 1777.5 HAS BEEN AWARDED TO: 1. NAME OF GENERAL CONTRACTOR 2. CONTRACTOR’S LICENSE NO 3. MAILING ADDRESS (STREET NUMBER OR P.O. BOX) 4. CITY 5. ZIP CODE 6. TELEPHONE NUMBER 7. ADDRESS OR LOCATION OF PUBLIC WORKS SITE (INCLUDE CITY AND/OR COUNTY) 8. CONTRACT OR PROJECT NUMBER 9. DOLLAR AMOUNT OF CONTRACT AWARD 10. FIRST ADVERTISED BID DATE MONTH DAY YEAR 11. IS THIS A DESIGN-BUILD PROJECT? □ __________ / __________ / __________ (MM/DD/YYYY) 12. STATE CONSTRUCTION BONDS □ YES □ □ □ YES NO 15. COMPLETION DATE (ESTIMATED OR ACTUAL) 14. STARTING DATE (ESTIMATED OR ACTUAL) DAY NO 13. WILL YOU OPERATE A DIR APPROVED LCP FOR THIS PROJECT? NO SOURCE ________________________________________________ MONTH □ YES MONTH YEAR DAY YEAR __________ / __________ / __________ (MM/DD/YYYY) __________ / __________ / __________ (MM/DD/YYYY) 16. TYPE OF CONSTRUCTION (HIGHWAY, SCHOOL, HOSPITAL, ETC.) 17. □ NEW CONSTRUCTION □ ALTERATIONS 18. CLASSIFICATION OR TYPE OF WORKER (CARPENTER, PLUMBER, ETC.) THAT WILL BE EMPLOYED BY THE CONTRACTOR(S) 19. Is language included in the Contract Award to effectuate the provisions of Section 1777.5, as required by the Labor Code?......................................................................... Is language included in the Contract Award to effectuate the provisions of Section 1776, as required by the Labor Code?............................................................................ 20. SIGNATURE 21. TITLE □ □ YES YES □ □ NO NO 22. DATE Director of General Services 23. PRINTED OR TYPED NAME 24. TELEPHONE NUMBER David Wheaton (916) 727-4770 Duplication of this form is permissible DAS 13 (rev. 8/10) SP-42 STATE OF CALIFORNIA Jerry Brown, Governor DEPARTMENT OF INDUSTRIAL RELATIONS John Duncan, Director CALIF. DIVISION OF APPRENTICESHIP STANDARDS Vacant, Chief Deputy Director P.O. Box 420603 San Francisco, California 94142 Telephone (415) 703-4251 DISTRICT OFFICES ADDRESS TELEPHONE Fresno 93721 2550 Mariposa St, Rm 3080 209/445-5431 Los Angeles 90012 107 S. Broadway, Room 5034 213/897-1385 Oakland 94621 7700 Edgewater Dr, Ste 327 510/729-5170 Sacramento 95825 2424 Arden Way, Suite 160 916/920-6111 San Jose 95113 100 Paseo De San Antonio, Rm 125 408/277-1273 Santa Ana 92701 28 Civic Ctr. Plaza, Rm 525 714/558-4126 SP-43 SECTION D – GENERAL CONSTRUCTION DETAILS 1. Scope of Work – For all work on this project the Contractor shall furnish all labor, materials, tools, equipment, transportation, appliances and services required to completely execute the work as set forth on the drawings and in these specifications. The subdivision of these specifications into divisions is not intended to strictly set forth or limit the scope of any subcontractor and shall not relieve the Contractor of the responsibility for executing all work on the project as a whole. 2. Reference – Specific reference is hereby made to the State of California Standard Specifications, Department of Transportation, Division of Highways, current edition; the Sacramento County Public Works Agency, Improvement Standards, current edition. 3. Pre-Construction Conference – The Contractor, City Engineer and other interested parties shall meet at a pre-construction conference to be scheduled after execution of the construction contract and prior to the start of construction. The purpose of this conference is to review job schedules, traffic control, affirmative action, and to discuss various other aspects of the work and to clarify procedures. The Contractor shall submit the following to the City Engineer by the date of the preconstruction conference: A. Detailed Construction Schedule for review and approval. B. Detailed Traffic Control Plan for review and approval. C. Erosion and Sediment Control Plan. D. Any other material or required submittals for review and approval. All submittals shall be in writing. E. "Notice" to homeowners and/or affected parties for review and approval. 4. Construction Schedule – The proposed construction schedule shall indicate the various subdivisions of work and the date of commencing and finishing of each. The Engineer, prior to the start of work, shall approve the form of the schedule. The schedule shall be considered as advisory to the Engineer of the Contractor's plans for completing the work within the Contract time and shall in no way be construed to operate as an agreement or guarantee by the Engineer, upon the acceptance of its form, of the Contractor's production. The Contractor shall be obligated to complete the work within the Contract time. At the Engineer's discretion, should the work not conform to the Contractor's progress schedule, the Engineer may request in writing a new schedule reflecting the work as currently progressing. The Contractor shall provide the new schedule within one week of the written request. 5. Weekly Statement of Working Days – The Engineer will furnish the Contractor a weekly statement showing the number of working days charged to the Contract for the preceding week, the number of working days of time extensions approved, the number of working days originally specified for the completion of the Contract, and the number of working days remaining to complete the Contract. The Contractor will be allowed 15 days from the issuance of the weekly statement of working days in which to file a written SP-44 protest setting forth in what respects the Contractor differs from the Engineer, otherwise the decision of the Engineer shall be deemed to have been accepted by the Contractor as correct. 6. Verification of Conditions – The Contractor shall verify all existing conditions before commencing work. All discrepancies between the drawings and actual field conditions shall be immediately reported to the City Engineer in writing who shall determine if modifications in the work are necessary. The Contractor shall not modify the work without prior authorization from the City. 7. Substitutions – Any substitutions of materials, equipment, construction methods, etc. from those noted in the drawings and specifications must be approved in writing by the City Engineer prior (10 working days) to their use or application or installation in the field. 8. Underground Utilities – In accordance with Government Code section 4215, the Contractor shall be compensated for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating existing main or trunk line utility facilities which are not indicated in the Contract Plans and Specifications with reasonable accuracy, and for the equipment on the Project necessarily idled during such work, provided that the Contractor shall first notify the Engineer before commencing work on locating, repairing damage to, removing or relocating such utilities. Contractor shall not be liable for liquidated damages or delays caused by the removal or relocating of utilities when such removal or relocations is the responsibility of the City or the owner of the utility pursuant to Government Code Section 4215. 9. Materials and Tests – All materials incorporated in the project shall meet the requirements of tests specified in the Standard Specifications and other minimum requirements specified herein or in these special provisions. Attention is directed to Section 6 of the Caltrans Standard Specifications. The Contractor shall furnish written laboratory reports from a reputable testing or inspection agency, or written certification from the manufacturer as to compliance with the Specifications as to the composition, durability and performance of the all materials used in the project. Certain specification sections may require special items or materials to be included in the submittal. Reference is made to the Technical Specifications for specific instructions. These reports on any material must be submitted to the Engineer in writing and approved by the Engineer before incorporating that material in the work. All material shall be adequately identified by tags or other means as that material which has been tested and approved. Lack of proper identification shall be considered adequate cause for rejection of any material which cannot be properly inspected on the job. The City reserves the right to make such additional inspections or tests as it may require prior to acceptance of any materials, and also reserves the right to reject any material previously approved because of serious defects or damage discovered subsequent to such approval. Any material rejected by the City shall immediately be removed from the job site, and no payment will be allowed therefor. SP-45 The Contractor shall bear the expense for all unsatisfactory tests and deductions will be made from any moneys due or to become due the Contractor, sufficient to cover the cost of the tests. Full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved for testing and sampling of material from any source shall be considered as included in the price paid for the contract item of work involving such material and no additional compensation will be allowed therefor. 10. City Furnished Materials – The City will furnish to the Contractor free of charge for use under these Specifications the materials specified as “City Furnished” in the Technical Specifications. Contractor shall furnish all other materials called for under this contract. 11. Sequence of Constructing to Maintain Traffic – Attention is directed to Section 7 of the Caltrans Standard Specifications. Restriction of parking on the street will be permitted only when authorized by the Engineer. The Contractor must submit a detailed schedule of operations to the City for its review and approval prior to starting work on the project to enable the City Engineer to ascertain that the intent of Section 7 of the Standard Specifications is being complied with and followed. 12. Obstructions – Attention is directed to the provisions of Section 8-1.10 and Section 7 of the Caltrans Standard Specifications. Attention is directed to the presence of water, fire alarms, telephone, sewer, drainage, gas lines, overhead utilities and underground power lines in the construction area. The work shall be conducted as to permit utility companies to maintain their services without interruption. Minor adjustments of pole lines, pipe lines, and other public improvements may be undertaken by the owners of these improvements during the progress of the work. The Contractor shall cooperate with the owners of the improvements during the progress of the work. The Contractor shall cooperate with the owners of the improvements and shall so coordinate his work as to avoid damage to any of these improvements. Abandoned utility pipe lines and conduits, if encountered, shall be removed and disposed of off the job site by the contractor in accordance with the requirements of Section 7-1.13 of the Caltrans Standard Specifications. Full compensation for conforming to the requirements of this Section not otherwise provided for, shall be considered as included in the prices paid for the various contract items or work, and no additional allowance will be made therefor. 13. Contractor's Responsibility – The Contractor shall be completely responsible for the care and condition of the project improvements in their entirety until completion of the maintenance period and acceptance by the City. The Contractor shall provide all watchmen, guards, and security devices, as he/she deems necessary. Also, the Contractor and all employees of the Contractor shall obey all applicable laws and City ordinances while performing work under this contract. Any fines assessed to the SP-46 Contractor and all employees for not obeying the laws and ordinances of this City while performing work under this contract shall be the responsibility of the Contractor or employees to pay. 14. Construction Upon Private Property – The Contractor shall note that the work may be performed on or in the vicinity of private property. The Contractor shall, at all times, remove all litter, debris, and construction waste, minimize noise, dust, standing water, vibrations, hazardous conditions and provide safe access to these properties. The Contractor is prohibited from using any and all privately owned utilities. The Contractor's materials and equipment shall not be stored upon private property without written approval from the resident and/or owner. Construction on private property during overtime, weekend, holiday or any other irregular period shall be performed only when the Contractor has requested and received written approval from the adjacent residents and the City Engineer. Contractor's attention is directed to Section 6-21, "Preservation of Property," of the Sacramento County Standard Construction Specifications. The Contractor shall protect all on-site private improvements, not indicated for removal, from damage. On-site private improvements include but are not limited to trees, shrubbery, ground cover, structures, gates, fences, signs, utility facilities, and drainage facilities. If such objects are damaged, they shall be replaced, repaired and/or restored to a condition equal or better than when the Contractor entered upon the work, as determined by the Engineer. Any damaged materials deemed unsuitable by the Engineer shall become the property of the Contractor and shall be disposed of off the right of way, unless permitted by the City to be disposed of on the work site. Existing trees, shrubs and other plants, that are not to be removed as shown on the plans or specified elsewhere in these special provisions, and are injured or damaged by reason of the Contractor's operations, shall be replaced by the Contractor. Replacement planting shall conform to the requirements in Section 20-4.07, "Replacement," of the State Standard Specifications. No separate payment shall be made for the above considerations. Full compensation for the above construction restrictions shall be considered as included in the price paid for the various items of work involved. 15. As-Built Drawings – Maintenance and submittal of Record Drawings by the Contractor shall be in accordance with Section 11-3 Record Drawings of the Sacramento County Standard Construction Specifications. SP-47 TECHNICAL SPECIFICATIONS TECHNICAL SPECIFICATIONS 2016 Residential Street Resurfacing Project 1.00 CONTRACTUAL RESPONSIBILITIES 1.01 LOCATION: The work under this contract is generally located on the streets shown on the plan sheets in Appendix A. 1.02 DESCRIPTION OF PROJECT: The work to be performed consists, in general, of placing asphalt concrete overlay on various streets including placement of leveling course; minor pavement reconstruction; pavement grinding, constructing curb and gutter, construction storm drains and drainage inlets, adjusting manholes and valves boxes to grade; restoring traffic striping, legends and markings; and all other works as shown on the contract documents. 1.03 TIME OF COMPLETION For the purpose of this contract, all work under this contract shall be complete within 35 WORKING DAYS from the date of issuance of the Notice to Proceed. 1.04 LIQUIDATED DAMAGES For the purpose of this contract, Liquidated Damages shall be set at the amount of Seven Hundred Fifty Dollars ($750.00) per calendar day. 1.05 INSURANCE REQUIREMENTS The City’s general requirements regarding insurance and liability are outlined in detail in the Special Provisions. Please see the Insurance and Surety Information Sheet in the Appendix for specific requirements that apply to this project. Builders Risk or Installation Floater All Risk Insurance is not required for this project. 1.06 ORDER OF WORK Order of work shall conform to the provisions in Section 5-1.05, "Order of Work," of the State Standard Specifications and these special provisions. Prior to performing any work in the public right-of-way, the Contractor shall prepare and submit a Traffic Control Plan(s) for review and approval by the City of Citrus Heights. The Contractor shall not begin work on clearing, grubbing or earthwork operations until a Water Pollution Control Plan, prepared by the Contractor, is submitted to and reviewed and approved by the City of Citrus Heights. TS-1 The Contractor shall notify the Engineer 5 working days before beginning work on or adjacent to each private property. The integrity of residential fences shall also be maintained. At the end of each work day, all debris, branches, roots, removed fence, rubbish, and other debris in the work area shall be collected and placed in a suitable disposal bin or pile. Materials to be used later in construction shall be neatly stockpiled. All parts of the work shall be left in a neat and presentable condition at the end of the work shift. Full compensation for daily cleanup and maintaining a neat and presentable appearance in the project limits will be considered as included in the prices paid for the various contract items of work and no separate payment will be made therefor. 1.07 WATER POLLUTION CONTROL 1.07.1 General A. The Contractor’s attention is directed to Section 10-4, “Erosion, Sediment, and Water Pollution Control,” of the County Standard Construction Specifications. The Contractor shall conform to all applicable provisions of the referenced section, the requirements of General Permit No. CAS000002 issued by the Regional Water Quality Control Board and these Technical Specifications. The Contractor shall comply with Section 7-1.01G Water Pollution, of the State Standard Specifications. B. As part of the water pollution control work, a Water Pollution Control Program, hereafter referred to as the "WPCP," is required for this contract. The WPCP shall be prepared in accordance with Caltrans Storm Water Quality Handbooks, SWPPP and WPCP Preparation Manual, current addition. C. Implementation, inspection, maintenance and modification of the WPCP shall be in accordance with the Caltrans Storm Water Quality Handbooks, Construction Site Best Management Practice Field Manual and Trouble Shooting Guide, current addition. D. Copies of the above Caltrans handbooks may be obtained from the Department of Transportation, Material Operations Branch, Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento, California 95815, Telephone: (916) 445-3520. E. The Contractor shall become fully informed of, and comply with the applicable provisions of the Handbook and Federal, State and local regulations that govern the Contractor's operations and storm water discharges from both the project site and areas of disturbance outside the project limits during construction. F. Unless arrangements for disturbance of areas outside the project limits are made by the City of Citrus Heights and made part of the contract, it is expressly agreed that the City of Citrus Heights assumes no responsibility to the Contractor or property owner whatsoever with respect to any arrangements made between the Contractor and property owner to allow disturbance of areas outside the project limits. TS-2 G. The Contractor shall be responsible for the costs and for any liability imposed by law as a result of the Contractor’s failure to comply with the requirements set forth in this section "Water Pollution Control" including, but not limited to, compliance with the applicable provisions of the Handbook and Federal, State and local regulations. For the purposes of this paragraph, costs and liabilities include but are not limited to fines, penalties and damages whether assessed against the City of Citrus Heights or the Contractor, including those levied under the Federal Clean Water Act and the State Porter Cologne Water Quality Act. H. In addition to any remedy authorized by law, so much of the money due the Contractor under the contract that shall be considered necessary by the City of Citrus Heights may be retained by the City of Citrus Heights until disposition has been made of the costs and liabilities. 1.07.2 Measurement and Payment A. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. B. The Engineer will retain an amount equal to 25 percent of the estimated value of the contract work performed during estimate periods in which the Contractor fails to conform to the requirements of this section "Water Pollution Control" as determined by the Engineer. C. Retentions for failure to conform to the requirements of this section "Water Pollution Control" shall be in addition to the other retentions provided for in the contract. The amounts retained for failure of the Contractor to conform to the requirements of this section will be released for payment on the next monthly estimate for partial payment following the date that a WPCP has been implemented and maintained, and water pollution is adequately controlled, as determined by the Engineer. D. The retention of money due the Contractor shall be subject to the following: 1. The City of Citrus Heights will give the Contractor 30 days’ notice of its intention to retain funds from any partial payment which may become due to the Contractor prior to acceptance of the contract. Retention of funds from any payment made after acceptance of the contract may be made without prior notice to the Contractor. 2. No retention of additional amounts out of partial payments will be made if the amount to be retained does not exceed the amount being withheld from partial payments pursuant to Section 9-1.06, "Partial Payments," of the Caltrans Standard Specifications. 3. If the City of Citrus Heights has retained funds and it is subsequently determined that the City is not subject to the costs and liabilities in connection with the matter for which the retention was made, the City of Citrus Heights shall be liable for TS-3 interest on the amount retained at the legal rate of interest for the period of the retention. 1.08 PUBLIC NOTIFICATION 1.08.1 General The Contractor shall be required to notify the public, local residents, local businesses, local public, transit companies, local law enforcement agencies, local fire districts, local utility companies and any other persons or agencies affected by this project two (2) weeks prior to construction and 72 hours notification before paving operations. Other notifications may be required during project construction as outlined below. 1.08.2 Materials A. Contractor is responsible for delivering and supplying the two (2) week notification prior to beginning any construction work. B. Contractor is responsible for delivering door hangers (supplied by the City) for the 72 hour notification prior to grinding and/or paving operations, removing and replacing concrete curb, gutter, sidewalk and ADA curb ramps and all other work potentially impacting access or general quality of life for business owners and residents. 1.08.3 Execution A. Notifications will be provided by the Contractor relating to, but not limited to, the following items: • • • • • • • • General information Traffic delays and alternate routes Tree removals Driveway closures Water service interruptions Temporary relocation of bus stops Tree trimming Adjustment of utilities B. Before Contractor begins any work, all residents and businesses on each street affected by the work shall be notified, in writing, at least two (2) weeks in advance. The Contractor shall provide the Engineer a copy of the proposed written notification forty-eight (48) hours prior to mailing or delivery for his/her approval. Written notice to residents and businesses shall provide general information about the project, approximate range of dates on when construction will take place, time of work, Contractor’s name and phone number. C. Contractor is responsible for delivering door hangers, in a form approved by the City, for the 72 hour notification. Door hangers shall contain date(s), times and other pertinent information as directed by the Engineer regarding the work to be performed. The Contractor is responsible to provide a phone number on the notice that can be TS-4 reached after hours and on weekends by residents and businesses to answer their concerns. D. Failure to comply with the notification requirement will result in a stop work order. The Contractor shall maintain an updated and chronological record at the job site of all written notifications along with a list of recipients. Such records shall be made available upon request by the Engineer. 1.08.4 Measurement and Payment Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. The City will furnish door hangers for the seventy-two (72) hour notification as described above. 1.09 TRAFFIC CONTROL 1.09.1 General This work shall include signage, flagging, traffic-handling equipment, devices and other related items to provide for safety and convenience to the public and traffic during construction. 1.09.2 Materials All traffic control devices shall conform to Section 12 of the Caltrans Standard Specifications and the Manual of Uniform Traffic Control Devices, current California edition. 1.09.3 Execution A. All traffic control shall be in accordance with Caltrans Standard Specifications, Section 7-1.08 (Public Convenience) and Section 7-1.09 (Public Safety), the Manual of Uniform Traffic Control Devices, current California edition and this Section. B. Traffic Control Plans (hereinafter "TCP") shall be developed for the Project to assure that adequate consideration is given to the safety and convenience of motorists, pedestrians, and workers during construction. The TCP shall include all work within the City rights-of-way. Individual TCP’s shall be submitted to the Engineer for review a minimum of 3 working days prior to starting any work covered. Noncompliance with any stipulation of this Section will be justification for the City to stop work. C. Installation of all traffic control devices shall conform to Section 12 of the Caltrans Standard Specifications. D. The Contractor shall be responsible for the safety of traffic within the project limits and on the approaches to the project. TS-5 E. The Contractor shall notify the fire department, highway patrol, police, schools, and other agencies required by the Engineer as to the road closure and the expected duration. F. Driveways shall be usable at all times, unless the contractor has made special arrangements with the property owner to close the driveway. The City shall be provided a written copy of the arrangement approved by the property owner. G. Pedestrian access facilities shall be provided through construction areas within the right of way. H. On-Street Parking – Contractor will provide, install, maintain and remove “No Parking” signs in areas where the Contractor’s work will require restricted parking. The Contractor shall place notification for the elimination of on-street parking, if required, at least forty-eight (48) hours, but not more than seventy-two (72) hours prior to the start of work. The signs shall clearly show the date(s) and hours of the parking prohibition, as well as the date and time the signs were posted. The notification shall include the Contractor's phone number and the phrase "VEHICLES WILL BE TOWED PURSUANT TO CVC SECTION 22654 (d)". This notice shall be affixed to a Type II barricade that is placed in the lane of the road, near lip of gutter, (max. 200 ft. spacing) used for on-street parking. No other location or method of placement is acceptable. The notification shall be in a form approved by the Engineer. Noncompliance with any stipulation of this section will be justification for the City to stop work. I. In the event that towing is required after proper notifications have been delivered and posted, and reasonable attempt have been made to the property owner or resident, the Contractor shall be responsible for contacting the Citrus Heights Police Department to dispatch a towing company. It will be the Contractor’s responsibility to determine if towing is required. The City will not be responsible for any claims made as a result of towing from the Contractor. 1.09.4 Measurement and Payment Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. 1.10 CONSTRUCTION SURVEY/STAKING (BI) This work shall consist of furnishing and setting construction stakes and marks by the Contractor to establish the lines and grades required for the completion of the work as shown on the plans and as specified in the Caltrans Standard Specifications and these Technical Specifications. Prior to any construction work, the Contractor shall adequately survey the existing horizontal and vertical control points of all facilities that are to be restored to their original locations at the end of construction. TS-6 Before starting any survey work, the Contractor shall submit in writing for approval to the Engineer, the proposed procedures, methods, equipment, and typical stake markings to be used. All procedures, methods, and typical markings shall be in accordance with the California Department of Transportation Surveys Manual, Chapter 12, “Construction Surveys”. Project control points and data are shown on the plans for the Contractor’s use. Construction staking shall be performed as necessary to control the work. Construction stakes and marks shall be furnished and set with accuracy adequate to assure that the completed work conforms to the lines, grades, and sections shown on the plans. In the event the Contractor's operations destroy any of the project control points, the Contractor shall replace project control points at his expense, subject to verification by the Engineer. The cost of any such verification by the Engineer will be deducted from any moneys due or to become due the Contractor. The Contractor will not be allowed any adjustment in contract time for such verification of project control points by the Engineer. All computations necessary to establish the exact position of the work from the project control points shall be made by the Contractor. All computations, survey notes, and other records necessary to accomplish the work shall be neat, legible and accurate. Copies of such computations, notes, and other records shall be furnished to the Engineer prior to beginning work that requires their use. Construction stakes shall be removed from the site of the work when no longer needed. Upon completion of construction staking and prior to acceptance of the contract, all computations, survey notes, and other data used to accomplish the work shall be furnished to the Engineer and shall become the property of the City. Payment. The contract lump sum price paid for Construction Staking shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in performing construction staking, as shown on the plans, as specified in these Technical Specifications, and as directed by the Engineer. 1.11 PRECONSTRUCTION PHOTOGRAPHS (BI) Preconstruction photographs shall be taken by the Contractor at each intersection of the Work before any construction begins. The view in each photograph shall include a sign showing the date, name of the Project, lateral or street, and applicable station designation. The sign shall not block the important areas of the view and shall be legible in a three and one-half inch by five inch (3-1/2" x 5") print. Each photograph shall be taken from a point between four feet (4’) and eight feet (8’) above the ground. All prints shall show good details in both shadow and sunlit areas. Negatives may be of any size provided minimum negative resolution throughout the major area of the negative is one hundred (100) lines per inch multiplied by the enlargement factor necessary to produce an eight inch by ten inch (8" x 10") print. As an alternative to negatives as described above, the Contractor may substitute digital photography files. Such photographs shall be .TIF or uncompressed .JPEG raster files with a minimum resolution of four (4) megapixels. TS-7 The views in preconstruction photographs shall include the entire construction zone and, in particular, show the interface between the right-of-way and construction zone, and abutting property features such as, but not limited to, condition of existing streets, sidewalks, driveways, fences, landscaping, buildings abutting work site, and existing surface utility facilities on and close to the Work. All essential features of the project area shall be shown accurately. The City may order additional photographs showing additional features or orientations, if the City determines that all essential features are not accurately or adequately shown. A sample of six (6) photographs shall be submitted to the City for approval before proceeding with the remaining photographs. All photographs which do not conform to these Specifications, as determined by the City, shall be retaken. The Contractor shall submit the image files, of all photographs taken, to the City one (1) readonly memory compact disk (CD-ROM). Photographs shall be grouped according to street, lateral or line, and in sequence. The name and number of the Contract and Contractor’s name shall appear on the CD cover. At the Contractor’s option, a DVD may be submitted in lieu of photographs. Additionally, an AVI or raw Quick Time file shall be provided. The content and quality requirements for the photographs shall apply to the video tape. Full compensation for conforming to the provisions in this section, not otherwise provided for, shall be considered as included in prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. 1.12 POTHOLING The contractor is responsible for potholing various existing utilities and facilities as needed to perform their work. Potholing shall consist of excavating to fully expose underground utilities and facilities so that their exact horizontal and vertical alignment can be determined. The location and number of potholes shall be determined in the field by the contractor after the underground facilities have been marked in the field through Underground Service Alert (USA). In general pothole where potential conflicts exist between existing facilities identified through USA in the field and the proposed improvements. In the event existing and proposed facilities are found to be in conflict after potholing, the Engineer reserves the right to change the alignment and grade of the proposed improvements. In the event realignment of the proposed improvement is necessary because of conflicts, and the realignment materially changes the character of the planned work, increases or decreases in the unit cost of the work in question shall be established per the provisions of Section 9 of the County Standard Specifications. Backfilling of potholing excavations shall be per the provisions contained in the General Requirements of these Technical Specifications and the requirements of the Standard Specifications. Surface restoration in paved areas not planned to be reconstructed with this project shall be per Section 19 of the County Standard Specifications. TS-8 The cost for potholing, including back filling and street surface restoration, as necessary for the contractor to complete the work as designed shall be considered included in the cost of other items of work and no additional compensation shall be made therefore. 1.13 SUBMITTALS 1.13.1 General The Contractor shall comply with the submittal requirements as set forth in Section 5-8 “Contractor’s Submittal” of the County Standard Specifications and these special provisions. 1.13.2 Materials As required for submittal and review. 1.13.3 Execution The Contractor shall submit to the Engineer at minimum ten (10) days prior of using said construction work the material design or certificates as noted in these specifications. Submittals will be reviewed and one (1) copy will be returned to the Contractor with conditions and/or approvals. Other reports and certificates for materials furnished may be requested by the Engineer. 1.13.4 Measurement and Payment Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. 1.14 PROJECT APPEARANCE The Contractor shall maintain a neat appearance to the work. In areas visible to the public, the following shall apply: A. When practicable, broken concrete and debris developed during clearing and grubbing shall be disposed of concurrently with its removal. If stockpiling is necessary, the material shall be removed or disposed of weekly. B. All streets, driveways, sidewalks, and haul routes within the project limits shall be kept clean and clear of debris, dirt and dust in a manner acceptable to the Engineer. Failure to meet these requirements of this section may result in a “Stop Work” notice. The “Stop Work” notice will not be rescinded until the appearance of the work is acceptable to the Engineer. TS-9 Full compensation for conforming to the provisions in this section, not otherwise provided for, shall be considered as included in prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. 1.15 PRESERVATION OF PROPERTY Attention is directed to Section 7-1.11, "Preservation of Property," of the 2006 Caltrans Standard Specifications and these special provisions. Existing hardscape, retaining walls, curb, trees, shrubs, other plants and irrigation facilities not called out on the plans to be removed, which are injured or damaged by reason of the Contractor's operations, shall be replaced or restored by the Contractor at the Contractor’s expense. The minimum size of tree replacement shall be 24 inch box and the minimum size of shrub replacement shall be 5-gallon and maximum of 15-gallon, whichever is most appropriate for the species of plant, as determined by the Landscape Architect. Replacement ground cover plants shall be from 1-gallon containers and shall be planted 12 inches on center. Replacement planting shall conform to the requirements in Section 20-4.07, "Replacement," of the Standard Specifications. The Contractor shall water replacement plants in conformance with the provisions in Section 20-4.06, "Watering," of the 2006 Caltrans Standard Specifications. Replacement planting of injured or damaged trees, shrubs, and other plants shall be completed prior to the start of the plant establishment period. Replacement planting shall conform to the provisions in Section 20-4.05, "Planting," of the 2006 Caltrans Standard Specifications. 2.00 CONSTRUCTION DETAILS 2.01 MOBILIZATION (BI) 2.01.1 General Mobilization shall consist of preparatory work and operations, including, but not limited to, those necessary for the movement of personnel, equipment, supplies, and incidentals to the project site; for the establishment of all facilities necessary for work on the project; and for all other work and operations which must be performed or costs incurred prior to beginning work on the various contract items on the project site. 2.01.2 Materials – Not Applicable 2.01.3 Execution A. Mobilization shall conform to Section 11 of the Caltrans Standard Specifications. B. It is the Contractor’s responsibility to plan and perform all work within the time of completion as allowed in this contract. TS-10 2.01.4 Measurement and Payment A. Mobilization shall be paid for at the contract Lump Sum price paid for Mobilization as contained in the Bid Schedule. Compensation for mobilization shall be at the lump sum price bid for the work. Said lump sum price shall include full compensation for furnishing all labor, materials, tools, equipment, administrative cost, and incidentals for mobilization. Compensation for mobilization will be as follows: a. No more than 50% of the mobilization lump sum price in the first month’s payment. b. No more than 25% of the mobilization lump sum price in the second month’s payment. c. No more than 10% of the mobilization lump sum price in any subsequent monthly payment until the entire lump sum amount has been paid. The City shall not pay additional mobilization compensation a for change work order or for a second mobilization if the project is extended due to weather. Payment for mobilization will be subject to retention. 2.02 CLEARING AND GRUBBING (BI) 2.02.1 General Clearing and Grubbing shall conform to Section 16 of the Caltrans Standard Specifications. This work shall consist of removing all objectionable material from within the road right of way, material sites within the right of way, and such other areas as may be specified in these Specifications. Clearing and grubbing shall be performed in advance of grading and roadway excavation operations and in accordance with the requirements specified in these Specifications. 2.02.2 Materials – Not Applicable 2.02.3 Execution A. Contractor shall remove all objectionable material from within the area required for construction of project. Objectionable material shall include, but is not limited to roots, brush, grass, weeds, pavement material and general debris. B. The contractor shall be responsible for making his/her own arrangements for disposing of material including recycling of concrete and asphaltic concrete material outside the City premises or right of way and he/she shall pay all costs involved in connection therewith. C. Material removed shall be disposed of outside the street right of way in accordance with the provisions of Section 7-1.13 of the Caltrans Standard Specifications. The Contractor shall be responsible for locating a suitable dump site approved by the Engineer and for transporting materials for dumping. When material is to be disposed of at a location other than at the local sanitary landfill site, the Contractor shall obtain written authorization from the property owner on whose property the TS-11 disposal is to be made and he/she shall file with the Engineer said authorization together with a written release from the property owner absolving the City from any and all responsibility in connection with the disposal of material on said property. 2.02.4 Measurement and Payment Unless otherwise provided in these Specifications, full compensation for all costs involved in disposing of materials as specified in this section, including all costs of securing a dump site, hauling, removing, disposing or stockpiling earth and all other aspects of this section shall be considered as included in the contract unit price lump sum for Clearing and Grubbing as per the Bid Schedule. All work shall include full compensation for furnishing all labor, tools, equipment and incidentals, and for doing all work involved in complete in place, as shown on the plans, as specified in these Specifications, and as directed by the Engineer. 2.03 ROADWAY EXCAVATION AND GRADING (BI) Excavation and grading shall conform to Section 18 of the County Specifications and these Technical Specifications. Excavation shall include the removal of all asphalt concrete (AC), aggregate base (AB), Portland Cement Concrete Pavement, Retaining Walls, culverts across existing driveways, and native material to allow construction of improvements to the lines and grades shown on the Plans. Included in this item is the necessary import material needed to replace voids created by the removal of existing concrete throughout the project. All existing asphaltic pavement to be removed shall be full depth sawcut at the limits of removal as shown on the Plans and in accordance with Section 15 of the Caltrans Standard Specifications. Included in this item is the sawcutting, removal of base and surfacing as shown on the plans and as directed by the engineer. This work shall include excavation and grading necessary to construct the proposed street section, curb, gutter, sidewalk, curb ramps, median islands, retaining walls, turndown sidewalk wall, driveway and conforms and shall include finish grading necessary to match the back of sidewalk to surrounding grade. Excess excavated material shall be the property of the Contractor and shall be deposited in a location and manner satisfactory to the Engineer. When any material is to be disposed of outside the right-of-way, the Contractor shall obtain written permission from the owner upon whose property the disposal is to be made before any material is deposited thereon. Finish Grading Any grass removed or buried shall be reseeded and all areas disturbed by the project work shall be restored in kind and finished graded to avoid ponding. Payment shall be based on final pay quantity specified at the unit price bid per cubic yard of Roadway Excavation and Grading and shall include full compensation for all labor, materials, tools, equipment and incidentals including sawcutting, and for doing all work involved with Roadway Excavation and Grading as shown on the Plans, as specified in these Technical Specifications and as directed by the Engineer. TS-12 2.04 AGGREGATE BASE CLASS 2 (BI) Aggregate base shall conform to Section 26, “Aggregate Bases”, of the Caltrans Standard Specifications, and these Specifications. The Contractor may propose the use of recycled portland cement concrete or asphalt concrete materials for aggregate base. The amount of reclaimed material shall not exceed fifty percent (50%) of the total volume of the aggregate used. The Contractor shall submit to the City material samples and laboratory test data certifying that the proposed materials meet all the quality requirements of Section 26 of the Caltrans Standard Specifications, and these Specifications. The Contractor may not propose to use recycled asphalt concrete, generated from asphalt concrete removed from within the area of work, for aggregate base unless the recycled material is surplus material from the Work. Proposed recycled materials shall not be used in the Work unless approved in writing by the City. Data and samples shall be submitted at least thirty (30) days prior to expected use of the proposed materials in the Work. The material shall be deposited on the roadbed in such a manner as to provide a uniform section of material within five percent (5%) tolerance of the predetermined required volume. Deposition shall be by methods that prevent segregation of the material. The deposited material shall contain sufficient moisture to prevent segregation. Aggregate base material shall be immediately spread to its planned grade and cross section. Segregation or excessive drifting or spotting of material will not be permitted. Any material determined by the City to be unsuitably segregated, shall be removed from the roadbed or completely reworked to provide the desired uniformity of the material. The Contractor is responsible for maintaining the required moisture content until the next successive layer of material is placed. No additional compensation will be paid for water applied to the aggregate base after the material has been weighed. Aggregate bases shall be compacted to a minimum relative compaction of ninety-five percent (95%) as determined by California Test Method No. 231. The surface of the finished aggregate base at any point shall not vary more than 0.05-foot above or below the grade established by the City. The City of Citrus Heights shall have the option of leaving existing aggregate base in place if deemed suitable. The bid item quantity shall be reduced accordingly with no change in the unit price. Supply and placement of aggregate base on abutting private property, beyond the limits of the new back of sidewalk, shall conform to the applicable portions of these Technical Specifications. The limits and grades for placement of new pavement on abutting private property are shown on the plans. Payment. The quantity of aggregate base to be paid for will be measured by ton, as designated in the Contract. The quantity to be paid for will be based on material delivered and incorporated into the work. No allowance will be made for any aggregate base placed outside said dimensions unless otherwise directed by the City. TS-13 The price paid per ton for aggregate base includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in furnishing and placing aggregate base, complete in place, including applying water, compacting the material, and finishing the surface, as shown or specified in the Contract, specified in these Specifications, and directed by the City. 2.05 OVER EXCAVATION (BI) Over Excavation to remove un-suitable sub-grade soils shall consist of excavating the unsuitable material to a depth, as directed by the Engineer, disposing of the material excavated, placing a layer of Geotextile material at the bottom of the excavation and placing and compacting Aggregate Base 2 to the original sub-grade depth. Over Excavation shall be performed only when so directed by the Engineer. The quantity may be increased or decreased at the engineer’s discretion, and no adjustments will be allowed. Excavation and disposal of the unsuitable material shall generally conform to Roadway Excavation and Grading section of these Specifications. Placement of Geotextile Fabric shall be in accordance with the Standard Construction Specifications and furnishing, placement and compaction of Aggregate Base shall conform to the provisions of Section 22, “Base Material" of the Standard Construction Specifications. Over Excavation shall be measured by the cubic yard of in-place volume. This is an estimated quantity. Payment shall be at the contract unit price bid per cubic yard for Over Excavation and shall include all labor and materials involved in removal and disposal of un-suitable material, furnishing and placement of Geotextile Fabric and furnishing, placement and compaction of Aggregate Base Class 2 `and no additional payment allowed therefore. 2.06 MINOR PAVEMENT RECONSTRUCTION (BI) 2.06.1 General Minor Pavement Reconstruction shall rehabilitate areas of failed pavement in the locations shown on the plan sheets. Work includes removal of failed pavement by grinding to the depth indicated in the plans and specifications and placement of new deep-lift asphalt concrete prior to any slurry seal or asphalt concrete overlay work. The estimated quantities involved in this section are for bidding purposes only. The quantity may be extended, reduced or deleted at the discretion of the Engineer, with no change in unit price. 2.06.2 Materials A. Tack coat of asphalt emulsion shall conform to Sections 37,39 and 94 of the Caltrans Standard Specifications. B. Asphalt concrete shall comply with this Section and the section “Asphalt Concrete” of these Specifications. 2.06.3 Execution A. Removal of existing failed roadway pavement and base material shall be by grinding to the depth specified or as directed by the Engineer. The pavement edge shall be TS-14 kept reasonably straight and vertical, and shall be performed in such a manner that the remaining pavement is undisturbed and undamaged. B. The area of removal of failed pavement and base materials shall be as shown on the plan, listed in these specifications or as directed by the Engineer. Any pavement removal required near the lip of gutter, the existing edge of pavement, or another area of pavement removal shall be extended such that no existing pavement shall remain with a width of less than twenty-four (24) inches. C. A tack coat of asphalt emulsion shall be applied to all concrete and asphalt concrete edges in preparation for installing deep lift asphalt concrete. D. Reconstruction shall be made by means of deep-lift asphalt concrete in accordance with the Standard Specifications. E. Each layer of asphalt concrete shall not exceed 0.40 foot in compacted thickness. No layer shall be placed over a layer which exceeds 0.25 foot in compacted thickness until the temperature at mid-depth, of the layer which exceeds 0.25 foot in compacted thickness, is no more than 160oF. The maximum thickness of the surface layer of deep lift asphalt concrete, that layer directly below leveling course or overlay, shall be 0.25 foot. F. Areas of minor pavement reconstruction shall be brought up to the existing surface grade. In areas adjacent to the lip of gutter, the deep-lift asphalt concrete shall be left at the necessary depth below the lip of gutter to accommodate the final street overlay (2’’ below the lip of gutter for a 2” overlay). 2.06.4 Measurement and Payment A. Payment for Minor Pavement Reconstruction shall be made per square foot of area repaired and shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved removal and disposal of existing asphalt concrete pavement and base materials, preparing the subgrade, furnishing and applying tack coat and furnishing and placing asphalt concrete as shown on the Plans, as specified in these specifications and as directed by the Engineer. 2.07 PAVEMENT PLANING (WEDGE AND CONFORM GRINDING) (BI) 2.07.1 General This work includes pavement planing adjacent to existing curb and gutter at the limits of the project and at conforms on intersecting roadways. 2.07.2 Material If permanent asphalt concrete has not been placed to the level of existing pavement before the pavement is to be opened to public traffic temporary asphalt concrete taper shall be constructed. TS-15 Asphalt concrete for tapers shall be commercial quality and may be spread and compacted by any method that will produce a smooth riding surface. 2.07.3 Execution A. Planing asphalt concrete pavement shall be performed by cold planing. The cold planing machine shall have a cutter head at least six (6) feet wide and shall be operated so as not to produce fumes or smoke. B. The depth, width, and shape of the cut shall be as indicated on the "Wedge Grinding Details" as shown in the APPENDIX, or as directed by the Engineer. "Lane line" shall be defined as a white 4-inch skip or 8-inch solid line. The final cut shall result in a uniform surface conforming to the typical cross-sections. The outside lines of the planed area shall be neat and uniform. The road surfacing to remain in place shall not be damaged in any way. The planed road surface shall not be damaged or spalled. C. Wedge grinding shall be continuous at cross streets where the grinding shall be carried around the corners and through the conform lines at the locations and to the dimensions shown on the typical detail. The Contractor shall use a cold planing machine with a smaller cutting head to remove all material not removed by the larger cold planing machine to the limits shown on the typical detail. Frames, covers and grates of existing manholes, water valves, survey monuments or other facilities within the grinding limits shall be lowered prior to grinding operations. See “Raising and Lowering Utility Frames and Covers” located elsewhere in these Specifications. D. If permanent asphalt concrete has not been placed to the level of existing pavement before the pavement is to be opened to public traffic, a temporary asphalt concrete taper shall be constructed. Asphalt concrete for temporary tapers shall be placed to the level of the existing pavement and tapered in two (2) feet to the level of the planed area or as directed by the Engineer. Asphalt concrete for tapers shall be commercial quality and may be spread and compacted by any method that will produce a smooth riding surface. Asphalt concrete tapers shall be completely removed, including removing all loose material from the underlying surface, before placing the permanent surfacing. E. All material planed from the roadway surface, including material deposited in existing gutters or the adjacent traveled way, shall be immediately removed from the surface and disposed of off-site as directed in these Specifications or by the Engineer. The removal crew shall follow within fifty (50) feet of the planer. See "Unsuitable Material Excavation and Backfill" located elsewhere in these Specifications. F. All planed material, not used as backfill on this project, shall be transported and properly disposed of offsite. Transport and off-loading of material shall be considered incidental and included in the unit price paid for this item. G. Planed pavement shall not remain exposed to traffic for more than five (5) working days before paving, and it shall be the responsibility of the Contractor to schedule planing and paving operations to meet this requirement. The contractor will be TS-16 subject to an administrative penalty in the amount of $250 per day per street for failure to meet the 5 working day requirement stated above. H. This item of work shall also include grinding driveway tapers. I. Planing operations shall be considered to be road construction and shall conform to Section 6-12 of the County Standard Construction Specifications and the "Traffic Control" section of these Specifications. 2.07.4 Measurement and Payment A. Full compensation for furnishing asphalt concrete for temporary tapers and for constructing, maintaining, removing, and disposing of the tapers shall be considered as included in the contract price paid per square yard for Pavement Planing (Wedge and Conform Grinding) and no additional compensation will be allowed therefor. B. Payment shall include full compensation for furnishing all labor, equipment, tools, materials, and incidentals necessary for pavement planing and cleanup. Final payment quantities will be determined by field measurement. The square yard price shall reflect adequate passes of the cold planing machine to achieve the width shown on the plans, as specified in these Specifications, and as directed by the Engineer. 2.08 - THIS SECTION INTENTIONALLY LEFT BLANK 2.09 PRE-RESURFACING PREPARATION 2.09.1 General This section includes all labor, materials, and equipment required to prepare pavement for receiving overlay. This includes removing all vegetation, striping, makings and markers from the pavement, sweeping and washing the pavement if required, in advance of the overlay operation. 2.09.2 Material – Not Applicable 2.09.3 Execution A. The Contractor shall perform Pre-Resurfacing Preparation in accordance with Section 23-8.02, “Pre-Overlay Preparation” of the County Standard Construction Specifications and as directed by the Engineer. B. For streets to receive a micro-seal and/or asphalt concrete overlay, all existing thermoplastic striping and markings shall be fully removed by grinding prior to application of micro-seal or AC overlay. C. The Contractor is responsible for restoring all traffic striping, pavement markings, pavement markers and loop detectors upon completion of the overlay work on each street. The Contractor shall conduct a pre-construction inventory of all traffic striping, pavement markings, pavement markers and loop detectors prior to their removal. Said inventory shall be sufficient to ensure that all traffic striping, pavement markings, TS-17 pavement markers and loop detectors restored to their correct location and configuration following the overlay in accordance with these specifications. D. The placement of Leveling Courses shall be in accordance with these specifications. 2.09.4 Measurement and Payment Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. 2.10 LEVELING COURSE (BI) 2.10.1 General This work includes placing of asphalt concrete overlay balance, filling low areas and covering heavy alligator cracking over designated areas. Locations for placement of leveling course are shown on the plan sheets. 2.10.2 Materials A. Tack coat of asphalt emulsion shall conform to Section 37, 39 and 94 of the Caltrans Standard Specifications. B. Asphalt concrete shall comply with this “Asphalt Concrete, Type A” elsewhere in these Specifications. 2.10.3 Execution A. Overlay balance, mechanical, shall mean filling low areas or covering alligator cracks with asphalt concrete to match existing pavement contours. B. A maximum of one (1) inch depth leveling course will be laid with tapering to conform to existing roadways. Depth and amount of area to receive leveling course may change as directed by the Engineer. C. Pavement delineation removal shall be coordinated with temporary delineation so that lane lines are provided at all times on traveled ways open to public traffic. Temporary reflective pavement markers shall be placed at intervals of not more that 25 feet. Temporary reflective raised pavement markers shall be the same color as the existing lane line or centerline. D. Placement of leveling Course will comply with “Asphalt Concrete, Type A” elsewhere in these Specifications. 2.10.4 Measurement and Payment A. Leveling Course will be measured by the ton of asphalt concrete actually placed. Weight certificates shall be furnished by the Contractor to the Engineer at the job site TS-18 upon delivery of the material. Measurement shall conform to Section 39-8 of the Caltrans Standard Specifications. B. The contract unit price per ton for Leveling Course shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved in constructing leveling course overlay, complete in place as specified in these specification. C. Quantities of material wasted or disposed of in a manner not called for under the contract, or rejected loads of material, including material rejected after it has been placed by reason of the failure of the Contractor to conform to the provisions of the contract, or materials placed outside the lines indicated from the transporting vehicle, or material remaining on hand after completion of the work, will not be paid for and such quantities will be deducted from the final total quantities. No compensation will be allowed for hauling rejected material. D. Payment for prime coat and tack coat shall be considered incidental and no additional allowance will be made therefor. 2.11 - THIS SECTION INTENTIONALLY LEFT BLANK – 2.12 PAVEMENT REINFORCING FABRIC (BI) 2.12.1 General Pavement reinforcing fabric shall conform to the requirements of Section 88 and Section 394.03 of the Caltrans Standard Specifications. A reinforcing fabric shall be placed on all existing pavement surfaces receiving two (2) inches or greater in asphalt concrete unless otherwise directed by the Engineer. 2.12.2 Materials A. Pavement reinforcing fabric shall be manufactured from polyester, polypropylene, or polypropylene-nylon material. The fabric shall conform to the following: Weight, ounces per square yard ASTM Designation: D 5261....................... 3.0 - 8.0 Grab tensile strength (1-inch grip), pounds, min. ASTM Designation: D 4632.........................90 Elongation at break, percent, min. ASTM Designation: D 4632..........................40 Fabric thickness, mils. ASTM Designation: D 5199..................... 30 to 100 The fabrics shall be furnished in protective covers capable of protecting the fabric from ultraviolet rays, abrasion and water. TS-19 B. Asphalt binder for pavement reinforcing fabric shall conform to the provisions of Section 92 (Asphalts) of the Caltrans Standard Specifications and shall be Grade AR4000 unless otherwise ordered by the Engineer. 2.12.3 Execution A. Pavement reinforcing fabric shall be placed on existing pavement to be surfaced as specified in these Specifications, plans or ordered by the Engineer. B. Before placing the pavement reinforcing fabric, a binder of asphalt shall be applied to the surface to receive the pavement reinforcing fabric at an approximate rate of 0.25gallons per square yard of surface covered. The exact rate will be determined by the Engineer. The binder shall be applied to a width equal to the width of the fabric mat plus 3 inches on each side. C. Before applying binder, large cracks, splits and chuck holes in existing pavement shall be repaired as directed by the Engineer or a leveling course placed prior to tack coating. Cracks wider than 1/4 inch should be filled with asphalt joint filler or broomed full of dry sand before the tack coat is applied. D. The fabric shall be aligned and placed with no wrinkles that lap. The test for lapping shall be made by gathering together the fabric in a wrinkle. If the height of the doubled portion of extra fabric is 1/2 inch or more, the fabric shall be cut to remove the wrinkle, then lapped in the direction of paving. Lap in excess of 2 inches shall be removed. E. Pavement reinforcing fabric shall not be placed in areas of conform tapers where the thickness of the overlaying asphalt concrete is 0.08-foot or less. If manual laydown methods are used, the fabric shall be unrolled, aligned, and placed in increments of approximately 30 feet. F. Adjacent borders of the fabric shall be lapped to 2 to 4 inches. The preceding roll shall lap 2 to 4 inches over the following roll in the direction of paving at ends of rolls or at any break. At fabric overlays, both the tack coat and the fabric shall overlap the previously placed fabric by the same amount. G. Seating of the fabric with rolling equipment after placing will be permitted. Turning of paving machine and other vehicles shall be gradual and kept to a minimum to avoid damage. H. A small quantity of asphalt concrete, to be determined by the Engineer, may be spread over the fabric immediately in advance of placing asphalt concrete surfacing in order to prevent fabric from being picked up by construction equipment. I. Public traffic shall not be allowed on the bare reinforcing fabric. J. Care shall be taken to avoid tracking binder material onto the pavement reinforcing fabric or distorting the fabric during seating of the fabric with rolling equipment. If necessary, exposed binder material shall be covered lightly with sand. TS-20 2.12.4 Measurement and Payment A. Payment for installing fabric shall be made at the contract unit price per square yard of Pavement Reinforcing Fabric actually covered as contained in the Bid Schedule. This shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals including rolling, surface cleaning, crack sealing, sand and asphaltic emulsion and for doing all the work involved in furnishing and placing pavement reinforcing fabric complete in place, as shown on the plans, as required by these Caltrans Standard Specifications and these Specifications, and as directed by the Engineer. B. Paving asphalt used as binder in order to tack down the fabric and asphaltic crack sealant will be considered as included in the contract unit price paid for pavement reinforcement fabric; therefore, no additional compensation will be allowed. 2.13 ASPHALT CONCRETE, TYPE A (BI) 2.13.1 General The work in this Section shall include all labor, materials, and equipment required to complete all asphalt paving work, including, but not necessarily limited to, asphalt pavements and bases, asphalt overlays, and asphalt as specified herein or otherwise necessary so that other materials or work may be installed and/or performed and that the whole work is completed in accordance with the Contract Documents. The Contractor shall provide a separate price for asphalt concrete placed in deep lift asphalt applications. These applications include asphalt concrete placed for minor pavement reconstruction. The Contractor shall provide a separate price for Leveling Course and for installation of Speed Humps found elsewhere in these Specifications. 2.13.2 Materials Tack coat of Type SS-1 asphaltic emulsion shall conform to Section 39 and 94 of the Caltrans Standard Specifications and shall be included in the unit bid price for asphalt concrete. A. All asphalt concrete on this project shall be as follows and as specified in Section 392.01 (Aggregate) of the Caltrans Standard Specifications and these Specifications. • • • Leveling Course – Type A, 3/8” maximum Minor Pavement Repairs - Type A, 1/2” maximum, medium grading Overlay - Type A, 1/2” maximum, medium grading B. All asphalt shall be viscosity grade PG 64-10 and shall conform to the requirements of Section 92 (Asphalts) of the Caltrans Standard Specifications. C. Fine seal coat shall conform to the requirements of Section 37-1 (Seal Coats) of the Caltrans Standard Specifications. TS-21 D. Supplying, mixing, proportioning and storing Asphalt Concrete, Type A shall conform to the requirements as specified in Section 39 of the Caltrans Standard Specifications. E. Mix Design Tolerances – Certificate of compliance shall be required from the supplier of the asphalt concrete and delivered to the Engineer not less than ten (10) working days prior to any scheduled asphalt concrete work. INDIVIDUAL TEST RESULTS TEST TEST METHOD NO. CALIFORNIA Loss in L.A. Rattler (after 500 rev.) 45% Max. 211 Kc and Kf 1.8 Max. 303 Sand Equivalent 45 Min. 217 35 Min. 30 Min. 304 304 Moisture Vapor Susceptibility 25 Min. 307 Swell 0.030” Max. 305 Stabilometer Value ¾” 3/8” Lab Compacted Density 304 Maximum Specific Gravity ASTM D-2041 Air Voids Content (%) 3 Min. – 4.5 Max. Mix designs submitted for review shall have been performed within one (1) year from award of contract. 2.13.3 Execution A. Preparation 1. Preparation for AC Type A shall conform to these Specifications. 2. The tack coat shall be applied at the approximate rate of 0.05 to 0.15 gallon per square yard. The exact rate will be determined by the Engineer. 3. The area to which a tack coat has been applied shall be closed to public traffic. Care shall be taken to avoid tracking binder material onto existing pavement surfaces beyond the limits of construction. B. Spreading and Compaction 1. Hauling of asphalt concrete to the job site shall be in accordance with Section 235 of the County Standard Construction Specifications and these Specifications. TS-22 2. Placement of asphalt concrete shall be in accordance with Section 23-8 of the County Standard Construction Specifications and these Specifications. 3. Should the methods and equipment furnished by the Contractor fail to produce a layer of asphalt concrete conforming to the requirements, including straightedge tolerance, of Section 39-6.03 (Compacting) of the Caltrans Standard Specifications, the paving operations shall be discontinued and the Contractor shall modify his equipment or furnish substitute equipment. 4. Gutter Lip – Placing of the asphaltic concrete adjacent to the lips of gutters shall be such that a rise above said lips of 1/4 inch shall remain after compaction. 5. All materials testing necessary to determine conformance with the requirements specified in this section will be performed by the City without cost to the Contractor. C. Acceptance Testing 1. Acceptance testing shall be in accordance with Section 23-9 of the County Standard Construction Specification 2. The Contractor shall remove and replace asphalt concrete that is tested for inplace relative compaction of less than 93%. Finished asphalt concrete pavement which does not conform to the specified compaction requirements will be paid for using the following pay factors: IN PLACE RELATIVE COMPACTION PAY FACTORS 93% or greater 100% 92.9% – 92% 95% 91.9% - 90% 90% 89.9% or less Remove and replace as directed by the Engineer D. Finishing Roadway 1. The completed surface shall be thoroughly compacted, smooth, and true to grade and cross section, free from ruts, humps, depressions or irregularities. When a straight edge 10 feet long is laid on the finished surface and parallel with the center line of the highway, the surface shall not vary more than 0.01 feet from the lower edge of the straight edge. When tested transversely to traffic, the surface shall incline continuously in the direction of the drainage so that no depressions, which will not drain, remain in the surface after rolling. Any ridges, indentations or other objectionable marks left in the surface of the asphalt concrete by equipment shall be eliminated by rolling or other means. The use of TS-23 any equipment that leaves ridges, indentations or other objectionable marks in the asphalt concrete shall be discontinued and other acceptable equipment shall be furnished by the contractor. 2. 3. 2.13.4 A drop-off of more than 0.15-feet will not be allowed at any time between adjacent lanes open to public traffic. Kraft paper, or other approved bond breaker, may be placed under the conform tapers to facilitate the removal of the taper when paving operations resume. 4. Half-width surfacing operations shall be conducted in such manner that, at the end of each day’s work, the distance between the ends of adjacent surfaced lanes shall not be greater than can be completed in the following day of normal surfacing operations. 5. Shoulders adjacent to a lane being paved shall be surfaced prior to opening the lane to traffic. 6. Finishing roadway shall conform to Section 22 of the Caltrans Standard Specifications. The entire roadway and right-of-way shall be left in a neat and presentable condition to the satisfaction of the Engineer. Measurement and Payment A. Payment for placing Asphalt Concrete, Type A shall be made at the contract unit price per ton actually placed and as contained in the Bid Schedule. Payment shall conform to Section 39-8 of the Caltrans Standard Specifications and shall include full compensation for furnishing all labor, materials, tools, equipment, tack coat, temporary asphaltic cutback and incidentals and for doing all the work involved in constructing asphalt concrete overlay and full depth asphalt concrete, complete in place as shown on the plans and as specified in these Specifications. B. Quantities of material wasted or disposed of in a manner not called for under the contract, or rejected loads of material, including material rejected after it has been placed by reason of the failure of the Contractor to conform to the provisions of the contract, or materials placed outside the lines indicated from the transporting vehicle, or material remaining on hand after completion of the work, will not be paid for and such quantities will be deducted from the final total quantities. No compensation will be allowed for hauling rejected material. 2.14 SHOULDER BACKING (BI) General Contractor shall place shoulder backing in compliance with section 19-9 of the Caltrans Standard Specifications adjacent to the new overlay where the exposed face of the new overlay exceeds ½” or as directed by the Engineer. Measurement and Payment Quantities of imported material (shoulder backing) will be measured by the cubic yard in conformance with the provisions in Section 9-1.01, "Measurement of Quantities," of the TS-24 Caltrans Standard Specifications, except that the mass of water in the aggregate will not be determined and no deduction will be made from the mass of material delivered to the work. The contract price paid per ton for imported material (shoulder backing) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in constructing shoulder backing, complete in place, including furnishing, placing, maintaining, and removing portable delineators, C31 signs, and temporary supports or barricades for the signs, as shown on the plans, as specified in the Caltrans Standard Specifications and these special provisions, and as directed by the Engineer. 2.15 TYPE B DROP INLET (BI) 2.15.1 General Where construction of drop inlet is shown on the plan sheets, all work shall conform to the provisions of Section 27 and the applicable provisions of Section 50-3, “Sewer and Storm Drain Castings of the Standard Specifications. The Type B Drop Inlet shall conform to the Standard Construction Drawings 9-13B The final location of the Drop Inlet shall be verified in the field by the Engineer. Contractor shall pothole new location for the Drop Inlet a minimum of 7 working days prior to construction of the DI. If any conflicts are observed, Contractor shall notify Engineer immediately. Existing drainage inlets to be removed, shall be completely removed and disposed of. Existing drainage laterals to be abandoned may be abandoned in place provided that they do not conflict with other improvements. The cost of removal and disposal of existing drop inlets and abandonment of drainage pipes are considered incidental and included in the price paid for the drop inlet bid item and now additional payment will be allowed therefore. All excavation and backfill, paving, concrete, steel, grate, frame and connections to place the complete unit are considered incidental and included in the price paid for the drop inlet bid item and no additional payment will be allowed therefore. 2.15.2 Measurement and Payment Payment for each Drop Inlet constructed shall be made per the contract unit price bid for each drop inlet. Payment shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for completing all work involved in installing the drop inlet as specified in the Standard Specifications, these Technical Specifications and as directed by the Engineer, and no additional compensation shall be allowed therefore. 2.16 CONSTRUCT 48” STORMDRAIN MANHOLE (BI) 2.16.1 General Manhole shall be constructed where shown on the plans, as noted in the Contract Documents or as directed by the Engineer in conformance with Section 39 of the County Standard Specifications. All connections for pipe up to 30” I.D. shall be made by a resilient connector (Flexible Compression Gasket or Boot Connector within three (3) feet of the Manhole TS-25 conforming to ASTM C-923) or other method approved by the Engineer. All connections shall be water and soil tight. 2.16.2 Measurement and Payment Full compensation shall be at the unit price bid per each and shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all work in constructing manholes as shown on the Plans, as specified in these Special Provisions and as directed by the Engineer. 2.17 POLYPROPYLENE STORM DRAIN PIPE (BI) 2.17.1 General The Polypropylene Storm Drain Pipe furnished shall conform to ASTM F2736 (12 – 30-inch diameters) and ASTM F2764 (36 – 60-inch diameters). Installation shall conform to the specifications of Section 19, Trench Excavation, Bedding and Backfill. Excavation of the storm drain pipe trench shall conform to Standard Drawing 9-1. Storm drain pipe bedding and backfill shall conform to Section 19-2.01B and 19-2.02B of the Standard Specifications. All storm drain pipe excavation, bedding, backfill and paving shall be incidental and included in the price paid per lineal foot of Polypropylene Storm Drain Pipe and no additional payment will be allowed therefore. 2.17.2 Measurement and Payment The contract price paid per lineal foot for the pipe sizes specified of Polypropylene Storm Drain Pipe shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for completing all work involved in installing the storm drain pipe as shown on the plans, specified in the Standard Specifications, these Technical Specifications and as directed by the Engineer, and no additional compensation shall be allowed therefore. 2.18 RAISING AND LOWERING UTILITY FRAMES AND COVERS (BI) 2.18.1 General Utility frames and covers shall be adjusted to grade within the asphalt concrete overlay limits following the placement of the top layer of asphalt concrete. 2.18.2 Materials Where there exists Christy type valve box, replace with Forni P-51 cast iron valve box or other as directed by the local water districts. Valve box risers shall be of PVC C900 and shall be inside of valve box without slipping. New valve boxes will be furnished by the local water districts. TS-26 2.18.3 Execution A. Frames, covers and grates of existing manholes, water valves, signal detection systems, survey monuments, or other facilities, shall be adjusted to grade in accordance with the provisions in Section 15-2.05 (Reconstruction) and 15-2.05A (Frames, Covers, Grates, and Manholes) of the Caltrans Standard Specifications, except that raising devices are not allowed and the unit price bid shall include all necessary excavation, backfilling, sealing, and concrete and that the unit price shall be the average depths and limits of adjustment required. B. The Contractor shall cooperate and coordinate all adjustments with the various utility owners when adjusting their facilities. C. Work shall also include the provision of lowering structures in advance of cold planning or grinding, in accordance with these Specifications. D. Contractor shall raise to finished grade all facilities located within asphalt concrete overlay limits following the placement of the top layer of asphalt concrete. No structure shall be adjusted to finished grade until the paving operation adjacent to the facility has been completed. E. Contractor shall be solely responsible for locating, referencing, and setting marks for all valve, survey monuments and manhole frames and covers. Contractor shall submit a neat and accurate plan to the Engineer, at least two (2) working days in advance of any asphalt concrete paving, showing all reference marks and offset distances set for each facility. F. The final adjustment to finished grade of all manhole frames and covers may be accomplished with reinforced concrete grade rings or formed concrete in the throat area. Existing structure pre-cast elements, adjustment rings, frames, and covers removed in adjustments may be reinstalled only when such undamaged items are permitted by the Engineer. Pre-cast reinforced concrete grade rings shall not be used in upward adjustments of standard manholes which would create a completed manhole throat section exceeding twenty-three (23) inches. Rectifying any manholes with completed throats in excess of 23 inches shall be paid for under a separate item listed in the bid schedule. The exact quantity is not known, the number in the bide schedule is for bidding purposes only. The reconstructed sections shall be at least equal in quality in the existing structure. Cast iron extension or adjustment rings will not be allowed in the adjusted structure. G. Water valve covers, detector loop hand holes, cathodic protection test stations and survey monuments shall be raised by removing the existing concrete collar, raising the frame and cover to finished grade, and constructing a new concrete collar. H. For all adjustments, the top surface of the adjusted facility shall be within 1/8 inch of the adjacent finished grade. Adjustment to final grade shall not be made until the top layer of paving has been completed surrounding it. TS-27 I. After placement of Asphalt concrete around manholes and valve covers, areas will be sand sealed. J. The Contractor shall preserve the survey point of all monuments in its undisturbed location and condition. K. Work shall include placement of temporary asphalt around the facilities if the permanent asphalt concrete patching can not be placed the same day the facility is raised to grade. L. Extreme care shall be taken to prevent asphalt concrete from entering the drainage or sanitary sewer system. M. The Engineer may require the Contractor to immediately remove manhole covers for inspection to determine if any asphalt has fallen into the manhole. The Contractor shall be required to immediately remove all asphalt from the manhole's interior. N. Adjustments to all utility covers and/or survey monuments will be performed within 20 working days from the date the final lift of asphalt concrete overlay is applied to that roadway segment. Failure to adjust utility covers and/or survey monuments within the time period allowed, the Contractor shall pay liquidated damages of $100 per calendar day for each utility cover and /or survey monument that is not adjusted. O. Contractor will lower all frames, covers and grates of existing manholes, water valves, survey monuments, or other facilities within the grinding limits, prior to the grinding operation and as needed to provide a continuous grinding operation 2.18.4 Measurement and Payment A. The contract unit price paid for each adjusted frame, cover, grate or manhole shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for performing all the work involved in adjusting the frame, cover, grate or manhole to grade complete in place; including locating, referencing, and setting marks, as specified in the Caltrans Standard Specifications and these Specifications, and as directed by the Engineer. B. The Bid Schedule will be separated by Adjust Manhole Frame and Cover To Grade, Adjust Utility Valve Frame and Cover to Grade (to include survey monuments) and Adjust Utility Vault to Grade. C. The contract unit price paid for each Adjust Manhole Frame and Cover To Grade, Adjust Utility Valve Frame and Cover to Grade (to include survey monuments) and Adjust Utility Vault to Grade shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for performing all the work involved in lowering the frame, cover, grate or manhole to accommodate grinding operations. The quantity shown in the proposal is for bidding purposes and may vary without limit with no change in the unit price. TS-28 2.19 TRAFFIC STRIPING AND PAVEMENT MARKINGS (BI) 2.19.1 General All traffic striping and pavement markings within the project limits shall be thermoplastic. Materials, installation, measurement and payment for thermoplastic traffic striping and pavement markings shall be in accordance with Section 48 of the County Standard Construction Specifications, as indicated in these Specifications and as directed by the Engineer. 2.19.2 Execution Any failure to install new striping within the time limits stated above shall necessitate the installation of temporary pavement markings as described in these Specifications. 2.20 REFLECTIVE PAVEMENT MARKERS (BI) 2.20.1 General Reflective Pavement Markers within the project limits shall be installed by the Contractor as shown on the plans and as directed by the Engineer. 2.20.2 Materials Reflective Pavement markers shall conform to Section 85 of the Caltrans Standard Specifications and these Specifications. 2.20.3 Execution A. Blue raised reflective pavement markers shall be placed in the street, 6” to 12” off of centerline and perpendicular to all fire hydrants. Markers shall be blue with two reflective faces. B. Contractor shall be solely responsible for locating all fire hydrants and doing all location and layout work required for installation of blue reflective pavement markers. 2.20.4 Measurement and Payment A. Reflective pavement markers will be measured and paid for as units determined from actual count in place. This contract unit price shall include full compensation for furnishing and installing the pavement markings, including traffic control, all labor, materials, tools, equipment and incidentals, and for doing all the work involved complete in place as shown on the plans, and as specified in these Specifications, and as directed by the Engineer and no additional compensation will be allowed therefor. B. This item will not include markers already accounted for in the various Traffic Details. TS-29 2.21 MINOR CONCRETE (BI) 2.21.1 General A. Minor Concrete shall consist of PCC Curb Access Ramps, Type 2 PCC Curb & Gutter and PCC Sidewalk. All Minor Concrete shall be constructed in accordance with the details in the Appendices and section 27 of the Sacramento County construction standards. B. Curb Ramps a. No utility pull box, utility pole, traffic signal pull box, traffic signal pole foundation, or any other facility that is visible on or above the surface of a curb access ramp may be located within the area of a curb access ramp without prior approval of the Engineer. For the purpose of these specifications, the area of the curb ramp shall be the area of curb, gutter, sidewalk and retainer curb (back of walk) including and bounded by the 4-foot transition adjacent to the tactile strip on either side of the inclined portion of the ramp. b. All PCC Curb Ramps shall be constructed in accordance with this section, the details in the Appendices, and all applicable Federal, State and local codes and regulations. Any variations from the details or code requirements must be approved in writing by the Engineer, prior to starting demolition. If a ramp constructed by the Contractor is not in full compliance with the requirements of this section, as determined by the Engineer, the Contractor shall remove and reconstruct the entire ramp at their sole cost and expense. Note: To ensure full compliance of all curb access ramps with the standard details and applicable codes, the Inspector shall use appropriate means including, but not limited to, a 2-foot smart level and a tape measure c. The Contractor shall form, place concrete and re-open each new curb ramp to full and safe pedestrian use by the 5:00 p.m. on Friday of the same week demolition/removal is performed. All curb ramp locations shall be open for pedestrian use on weekends and holidays. For the purpose of this project “full and safe pedestrian use” means removal of all formwork, restoration of pavement or placement of properly compacted temporary patch material in front of ramp, removal of construction debris and elimination of all other barriers to pedestrian travel. Should the Contractor fail to comply with the requirements of this section, the Contractor shall pay Administrative Penalties in the amount of $250 per day for each ramp location not in compliance. d. PCC Curb Ramps may be added or eliminated at the discretion of the Engineer. The Contractor shall confirm the final location of all PCC Curb Ramps with the Engineer prior to starting demolition. The Appendices also include a Curb Ramp Completion Report to be used by the City’s inspector. TS-30 2.21.2 Execution A. The Contractor shall mark in the field the boundaries of curb ramp, sidewalk and curb and gutter required for removal to obtain the correct grades needed for the installation of improvements. All boundaries will require inspection prior to sawcutting. The Contractor shall exercise care in removing existing concrete so as not to damage adjoining areas, which are to remain in place, and any damage so caused shall be replaced by the Contractor at his/her own expense. B. Sawcutting – Concrete shall be cut to a true line to a minimum depth of one and one-half (1-1/2”) with a power driven abrasive type saw. Actual limit of concrete removal shall extend to nearest score mark or joint, if nearest score mark or joint is within 3’ of limit of removal. Residual from any sawcutting shall be removed. The downstream drain inlet shall be protected. In no case shall the residual be allowed to enter the storm drain system. Removed materials shall be disposed by the Contractor outside of the road right-of-way and private property when excavated. All specified cleanup shall be the responsibility of the Contractor. C. Aggregate Base/Subbase 1. All aggregate base (AB) and aggregate subbase (ASB), where applicable, shall be installed per 18-2.05, “Subgrade Preparation”, of the County Standard Specifications and these specifications. 2. The Contractor shall submit to the Agency materials samples and laboratory test data certifying that the proposed materials meet all the quality requirements of Section 25 and 26 of the State Specifications. Proposed recycled materials shall not be used in the work unless approved in writing by the City. D. Asphalt Removal at Gutter Lip 1. When new concrete gutter is to be constructed adjacent to existing asphalt concrete roadway, a minimum of twenty-four (24) inches wide of said asphalt concrete roadway shall be sawcut and removed to provide room for a gutter lip form board, unless Contractor receives approval from the Engineer to provide a smooth and uniform tooled edge in lieu of a form board. E. Grades 1. All sidewalks shall be constructed with a crossgrade of 1% minimum and 2% maximum. 2. For all curb ramps, grade in the direction of travel will be 7% minimum and 8.33% maximum. 3. Gutter slope from lip to flowline shall be 5% maximum grade. 4. For ramps on streets with a steep longitudinal grade (where the ramp on the higher side of the landing must be lengthened to achieve the maximum 8.33% grade), 25 feet shall be the maximum length transition required. 5. For ramps to the lower side of the landing (where the ramp must be shortened to achieve the minimum 7% grade), four feet shall be the minimum length transition allowed. TS-31 6. Any finished concrete not conforming to the slope specifications found in these specifications and as detailed in the drawings shall be removed and replace by and at the expense of the Contractor. F. Doweling 1. When pouring new concrete to existing concrete, the existing concrete vertical face shall be doweled three feet on center with 16 inch long, grade 60, #4 rebar penetrating four-inches into the existing curb, four-inches below top of curb. The dowel hole shall be 5/8-inch diameter at a light angle horizontally. The penetrating portion the dowel and adjoining existing concrete shall be 95% coated with two-part epoxy. 2. All abutting sidewalk shall be doweled mid-section with two dowels for four through six-foot wide sidewalks and three dowels for wider sidewalk. 3. Abutting curb and gutter ends shall be doweled twice, 18-inches apart, centered on the curb and gutter section. 4. If the existing edge is damaged during doweling, the concrete shall be saw cut again at the Engineer's discretion. G. Concrete 1. Before placing concrete, subgrade shall be well dampened. 2. All adjoining sidewalk, curb and gutter shall be poured monolithically. 3. Extruded curb will not be allowed. Expansion joints will not be allowed. 4. All newly placed concrete shall be cured in accordance with the provisions in Section 90-7.01B of the State Standard Specifications and these specifications. 5. Exposed surfaces of all concrete sidewalk, curb and gutter, ramps shall be coated with a pigmented curing compound immediately following surface finishing prior to the moisture sheen disappearing from the surface. Curing compound shall be applied at a rate of one gallon per 150 square feet per the manufacturer’s recommendations, whichever is greater, unless otherwise specified. H. Weakened Plane Joints and Score Marks 1. Weakened plane joints and score marks shall be placed through the sidewalk, ramps, curbs and gutter section at the following intervals for the sidewalk widths indicated. See drawing in the Appendix for more details. 2. All four-foot (4’) wide sidewalk/ramp shall be scored at four-foot (4’) intervals. In lieu of every third score mark, at twelve foot (12’) intervals, weakened plane joints shall be constructed. 3. All five-foot (5’) wide sidewalk/ramp shall be scored at five-foot (5’) intervals. In lieu of every third score mark, at ten foot (10’) intervals, weakened plane joints shall be constructed. 4. Weakened plane joints shall extend through both the sidewalk and the curb and gutter when constructed at the same time and monolithically. TS-32 5. All score mark shall be placed at the back of the curb for the total length of all monolithic curb, gutter and sidewalk. I. Concrete Finish 1. The new back of ramp or sidewalk shall match existing concrete walkways within one-half (1/2”) inch without adjusting the cross section. 2. Concrete shall not be placed or finished in the rain. 3. Curb and gutter shall be free from humps, sags, or other irregularities. The surface shall be uniform to a degree such that no depressions greater than 0.02 foot are present when tested with a ten-foot (10’) straightedge, except at grade changes. 4. All concrete surfaces shall be completed with a medium broom finish transverse to the line of work unless otherwise specified 5. All gutters shall be flow tested with water during the pour to assure proper drainage. Following concrete finishing, no water shall pond in the gutter pan. J. Damage Repairs 1. All damage done or openings cut in concrete walks, curbs or gutters during the progress of the work shall be repaired by the Contractor to the satisfaction of the City. Patching of damage area shall not be allowed. Partial removal and replacement of sections of sidewalk, portions of curbs and/or gutters less than four (4’) feet in length will not be allowed. 2. All removal of damaged sidewalk, curb and gutter sections shall extend to the nearest score marks, weakened plane joint, construction joint within three (3’) feet of the limit of damage concrete. All damaged areas shall be remove and replace as specified by the Engineer without compensation. 2.21.3 Measurement and Payment Construct Curb and Gutter (BI) The Contract unit price paid per lineal foot for constructing PCC curb and gutter shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all work involved in sawcutting, removal and disposal of existing curb and gutter, constructing curb and gutter, complete in place, including furnishing and placing aggregate base, preparing the subgrade, all form work, finishing and curing the concrete, scoring, furnishing and placing dowels and epoxy, curb and gutter testing and repairing any damage as shown on the Plans, as specified in these specifications and as directed by the Engineer. 2.22 COORDINATION WITH REFUSE COLLECTION SERVICES The City will provide contractor with tentative schedule for weekly refuse collection and the Neighborhood Clean Up (NCU) program. Contractor shall contact The City’s refuse collection provider and other commercial service providers to verify their schedule and coordinate all work under this contract as necessary to avoid conflicts with these services. No overlay or slurry seal shall be performed one (1) week prior to, the week of or for one (1) week following a scheduled NCU on a specific street. TS-33 2.23 THIS SECTION INTENTIONALLY LEFT BLANK 2.24 THIS SECTION INTENTIONALLY LEFT BLANK 2.25 SUPPLEMENTAL WORK (BI) This item has been included in the contract to cover modifications to the work necessitated by field conditions. The amount of the expenditure under this item may vary from zero to the total amount of this item, as shown on the bid schedule. The amount of expenditure under this item may constitute the sum of several modifications. The Engineer will issue a Supplemental Work Order to the Contractor when a portion of the work being performed will be paid for under this item. 2.26 CONSTRUCTION & DEMOLITION DEBRIS RECYCLING The City of Citrus Heights fosters recycling for all waste materials to the highest level possible. As a result, the Contractor is encouraged to recycle ALL construction and demolition (C&D) debris generated as a result of work performed under this contract. The guidelines and forms to be used by the Contractor in documenting their Construction & Demolition Debris Recycling efforts can be found in the Appendices. TS-34 Appendix A PLAN SHEETS CONSTRUCTION LEGEND 1 MILL & FILL (4”) 2 LEVELING COURSE 1 18’X84’ 5’X21’ 1 4 EDGE & CONFORM GRINDING 3 4’X20’ 1 3 3 2” AC OVERLAY W/ PVMT FABRIC 4 4 4’X11’ 1 3 6’X12’ 1 3 4’X11’ 1 7’X10’ 1 CITY OF CITRUS HEIGHTS 7927 Auburn Blvd. CITRUS HEIGHTS, CA 95610 ph (916) 727-4770 NEIGHBORHOOD NO. : 2 TRASH PICK UP DAY: Wednesday LARGE ITEM PICK UP: Jan., May, Sept. WATER DISTRICT: California American Water N 4 2016 RESIDENTIAL STREET RESURFACING PROJECT LOCATION 1 – GUMWOOD CIRCLE 2 OF 8 FINAL 7/20/2016 CONSTRUCTION LEGEND 6’X18’ 1 3 1 MILL & FILL (4”) 4 7’X12’ 1 2 LEVELING COURSE 3 2” AC OVERLAY W/ PVMT FABRIC 4 EDGE & CONFORM GRINDING 4 4 3 4 3 4 3 N CITY OF CITRUS HEIGHTS 7927 Auburn Blvd. CITRUS HEIGHTS, CA 95610 ph (916) 727-4770 NEIGHBORHOOD NO. : 2 TRASH PICK UP DAY: Wednesday LARGE ITEM PICK UP: Jan., May, Sept. WATER DISTRICT: California American Water 2016 RESIDENTIAL STREET RESURFACING PROJECT LOCATION 2– PARISH WAY 3 OF 8 FINAL 7/20/2016 4 6’ 3 2 12’ 2 4 6X41 1 3 4 2 4 46’X60’ 1 4 2 6’ 3 4 3 15’ 17’X83’ 1 4 8’X32’ 1 10’ 19’X245’ 2 CONSTRUCTION LEGEND N 1 MILL & FILL (4”) 2 LEVELING COURSE 3 2” AC OVERLAY W/ PVMT FABRIC 4 EDGE & CONFORM GRINDING CITY OF CITRUS HEIGHTS 7927 Auburn Blvd. CITRUS HEIGHTS, CA 95610 ph (916) 727-4770 NEIGHBORHOOD NO. : 2 TRASH PICK UP DAY: Wednesday LARGE ITEM PICK UP: Jan., May, Sept. WATER DISTRICT: California American Water 2016 RESIDENTIAL STREET RESURFACING PROJECT LOCATION 3– SANDALWOOD DRIVE 4 OF 8 FINAL 7/20/2016 1 15’X47’ 4 7’X19’ 1 Type VI (R) Arrow 3 15’X50’ 6’X10’ 4 2 1 4 1 3 4 6’X20’ 3 4 4 2 Type IV (L) Arrow 30’X32’ 1 37’X140’ 4 11’X14’ 1 1 7’X15’ 4 CONSTRUCTION LEGEND N 1 MILL & FILL (4”) 2 LEVELING COURSE 3 2” AC OVERLAY W/ PVMT FABRIC 4 EDGE & CONFORM GRINDING CITY OF CITRUS HEIGHTS 7927 Auburn Blvd. CITRUS HEIGHTS, CA 95610 ph (916) 727-4770 NEIGHBORHOOD NO. : 1 TRASH PICK UP DAY: Tuesday LARGE ITEM PICK UP: Jan., May, Sept. WATER DISTRICT: California American Water 2016 RESIDENTIAL STREET RESURFACING PROJECT LOCATION 4– SAYBROOK DRIVE 5 OF 8 FINAL 7/20/2016 NEIGHBORHOOD NO. : 6 TRASH PICK UP DAY: Wednesday LARGE ITEM PICK UP: Mar., Jul., Nov. WATER DISTRICT: Citrus Heights Water SHEET NO. 6 OF 8 FINAL 7/20/2016 NEIGHBORHOOD NO. : 6 TRASH PICK UP DAY: Wednesday LARGE ITEM PICK UP: Mar., Jul., Nov. WATER DISTRICT: Citrus Heights Water 7 OF 8 FINAL 7/20/2016 4 4 4 3 3 4 8X12 1 2 4 3 4 CONSTRUCTION LEGEND 1 MILL & FILL (4”) 2 LEVELING COURSE 3 2” AC OVERLAY W/ PVMT FABRIC 4 EDGE & CONFORM GRINDING CITY OF CITRUS HEIGHTS 7927 Auburn Blvd. CITRUS HEIGHTS, CA 95610 ph (916) 727-4770 NEIGHBORHOOD NO. : 2 TRASH PICK UP DAY: Wednesday LARGE ITEM PICK UP: April, Aug., Dec. WATER DISTRICT: California American Water 2016 RESIDENTIAL STREET RESURFACING PROJECT ADDITIVE ALTERNATE 1– AUBURN BLVD. FRONTAGE ROAD 8 OF 8 FINAL 7/20/2016 Appendix B CONSTRUCTION DETAILS Appendix C INSURANCE AND SURETY INFORMATION SHEET City of Citrus Heights INSURANCE AND SURETY INFORMATION SHEET 2016 Residential Street Resurfacing Project – Project #22-16-001 In order to comply with the bonding and insurance requirements contained in your contract with the City of Citrus Heights, there are several things that we require. It is our intent to facilitate consideration of every project, so we are including here a summary checklist for your convenience. Contractor shall maintain and shall require all of its subcontractors, consultants, and other agents to maintain the insurance listed below. Any requirement for insurance to be maintained after completion of the work shall survive this agreement. I. Workers' Compensation & Employers Liability a. Workers' Compensation insurance with statutory limits as required by the Labor Code of the State of California. b. Employers Liability with limits of $1,000,000 per Accident; $1,000,000 Disease per employee; $1,000,000 Disease per policy. c. Thirty (30) days' prior written notice of cancellation or material change must be provided to City of Citrus Heights. d. The policy must include a written waiver of the insurer's right to subrogate against City of Citrus Heights. e. Required Evidence Of Coverage: i. Subrogation waiver endorsement; and ii. Properly completed Certificate of Insurance. II. General Liability a. Commercial General Liability Insurance no less broad than ISO form CG 00 01. b. Coverage must be on a standard Occurrence form. Claims-Made forms are not acceptable without prior written consent. Modified, limited or restricted Occurrence forms are not acceptable without prior written consent. c. Minimum Limits: $1,000,000 per Occurrence; $2,000,000 General Aggregate; $2,000,000 Products/Completed Operations Aggregate. The General Aggregate must apply separately to each project. d. Prior written consent is required if the insurance has a deductible or self-insured retention in excess of $25,000. e. Coverage shall be continued for one (1) year after completion of the work. f. City of Citrus Heights must be an additional insured for liability arising out of ongoing and completed operations by or on behalf of the contractor. City of Citrus Heights shall continue to be an additional insured for completed operations for (1) year after completion of the work. g. The policy definition of “insured contract” must include assumptions of liability arising out of both ongoing operations and the products-completed operations hazard (“f” definition of insured contract in ISO form CG 00 01, or equivalent). h. The insurance provided to City of Citrus Heights as an additional insured must apply on a primary and non-contributory basis with respect to any insurance or self-insurance program maintained by City of Citrus Heights. i. Thirty (30) days' prior written notice of cancellation or material change must be provided to City of Citrus Heights. j. The policy must cover inter-insured suits and include a “Separation of Insureds” or “severability” clause which treats each insured separately. k. Required Evidence of Coverage: i. Copy of the additional insured endorsement or policy language granting additional insured status; -1- ii. copy of the endorsement or policy language indicating that coverage applicable to City of Citrus Heights is primary and non-contributory; and iii. Properly completed Certificate of Insurance. III. Automobile Liability a. b. c. d. IV. Minimum Limit: $1,000,000 combined single limit per accident. Coverage must apply to all owned, hired and non-owned vehicles. City of Citrus Heights must qualify as an insured. Required Evidence of Coverage: i. Copy of the endorsement or policy language indicating that City of Citrus Heights is an insured; and ii. Properly completed Certificate of Insurance. Contractors Pollution Liability a. Minimum Limits: $1,000,000 per Pollution Incident; $1,000,000 Aggregate; b. Coverage must apply to pollution incidents at or from any location at which Contractor is performing work under this agreement. c. Prior written consent is required if the insurance has a deductible or self-insured retention in excess of $25,000. d. If the insurance is on a Claims-Made basis, the retroactive date shall be no later than the commencement of work. e. The insurance must be continued for one (1) year after completion of the work. If the insurance is on a Claims-Made basis, the continuation coverage may be provided by: (a) renewal of the existing policy; (b) an extended reporting period endorsement; or (c) replacement insurance with a retroactive date no later than the commencement of the work. f. Thirty (30) days' prior written notice of cancellation or material change must be provided to City of Citrus Heights. g. Required Evidence of Coverage: i. Properly completed Certificate of Insurance. V. Surety Bonds a. Bid bond. b. Performance and payment bonds for the entire contract price. c. The surety must be authorized to issue these bonds in the State of California. VI. Standards for Insurance Companies a. Insurance policies must be issued by an insurer with an A.M. Best's rating of at least A:VII. VII. Documentation a. The Certificate of Insurance must include the following reference: 2016 Residential Street Resurfacing Project – Project #22-16-001. b. The name and address for Additional Insured endorsements, Certificates of Insurance and Notice of Cancellation is: City of Citrus Heights Attn: 2016 Residential Street Resurfacing Project 7927 Auburn Boulevard Citrus Heights, CA 95610-1437 c. Current Evidence of Coverage must be provided for the entire required period of insurance. d. Upon written request, certified copies of required insurance policies must be provided within thirty (30) days. -2- Appendix D CONSTRUCTION & DEMOLITION DEBRIS RECYCLING Exhibit A: Construction & Demolition (C&D) Debris Waste Management Plan Exhibit B: Construction & Demolition (C&D) Debris Recycling Waste Log CONSTRUCTION & DEMOLITION DEBRIS RECYCLING The Contractor is encouraged to recycle construction and demolition (C&D) debris generated as a result of the project. This section provides the information needed to comply with this requirement. The Contractor shall submit a Construction & Demolition (C&D) Debris Waste Management Plan, Exhibit A, to the Engineer not less than 10 days prior to beginning any work that will generate C&D debris. The Contractor may contact City's Solid Waste Program Manager for assistance with developing a C&D Debris Waste Management Plan. Exhibit A requires an estimate of all waste that will be removed from the project site, whether that waste will be recycled, salvaged, or landfilled, and the facility that will receive each of the materials. The Contractor may change the vendors listed in the approved Exhibit A at any time after the project starts, provided that every attempt is made to recycle or salvage as much C&D debris as possible. Exhibit A must be submitted to the Engineer. Accumulating clean loads of separated concrete, asphalt, dirt, metals, wood, etc. should be evaluated as the preferred processing method since fees for recycling separated materials are generally cheaper than recycling loads of mixed C&D debris (e.g., commingled wood, roofing, metals, green waste, etc.) However, space and time constraints may not allow for optimum source separation of materials and it may be necessary to remove mixed loads of C&D debris. If C&D debris is combined for recycling, one of the facilities listed below must be used. The Contractor shall contact these facilities prior to completing Exhibit A to confirm arrangements and ensure acceptability of materials generated by the Contractor. At the end of the project, the Contractor is also required to submit a Construction & Demolition Debris Recycling Waste Log, Exhibit B, with weight tags, to the Engineer to document their recycling efforts. The project name, number, and tonnage or cubic yards shall be shown on all weight tags. Exhibit B must be submitted to the Engineer before Final Acceptance of the project will be processed. The Contractor shall keep a copy of all weight tags for records. Exhibits A and B are included in the Exhibits section of this bid/contract document. Authorized Recycling Facilities for Mixed Loads of C&D Debris: The following facilities have been certified as C&D Debris Sorting Facilities: http://www.swa.saccounty.net/Pages/CDDebrisSortingFacilities.aspx Florin-Perkins Public Disposal 4201 Florin Perkins Road, Sacramento 916-443-5120 L&D Landfill 8635 Fruitridge Road, Sacramento 916-737-8640 Page 1 Sierra Waste 8260 Berry Avenue, Sacramento 916-388-8320 City contact for specific questions regarding completing Exhibits A or B: • Mary Poole, Operations Manager, (916) 727.4730 or (916) 727.1454 (facsimile) or mpoole@citrusheights.net It is the Contractor’s responsibility to determine which facility accepts what type of separated or mixed C&D debris prior to completing and submitting Exhibit A to the City. Full compensation for Construction and Demolition Debris Recycling including furnishing all labor, materials, tools, equipment and incidentals for implementing the above recycling requirements, including the work required to segregate C&D debris, stockpiling, container rental cost and fees required by recycling facilities, as specified in these special provisions and as directed by the Engineer, shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. Page 2 EXHIBIT “A” City of Citrus Heights General Services Department 6237 Fountain Square Drive Citrus Heights, CA 95621-5577 Phone: (916) 727-4770 www.citrusheights.net C&D Debris Waste Management Plan Project Name: This Waste Management Plan (WMP) must be submitted prior to start of work. The accompanying Waste Log and supporting information must be submitted prior to project field acceptance. A. Project Information: Job Address: Contractor: Phone: Address: Owner: Phone: Address: B. Type of Work. ( ) Residential ( ) Commercial ( ) Public Works C. Briefly Describe the Project. D. Materials to be Recycled. Please check all the recyclables you anticipate will be generated during the project. ( ( ( ( ( ) ) ) ) ) Clean Wood Waste (unpainted, untreated dimensional lumber and plywood; fasteners OK for recycling; trees, branches, etc.) Corrugated Cardboard (mostly from packaging) Inert Materials (asphalt paving, brick and block, concrete, dirt, rocks, soil) Scrap Metal (appliances, ductwork, fixtures, fencing/railing, gutters, pipes, roofing materials, sinks, structural steel, tubs) Wooden Pallets (whole or broken) The Contractor is strongly encouraged to recycle all materials listed above if generated during the course of the project. You can either source separate the materials, which may be hauled by anyone, or mix them in one container and send the mixed C&D debris loads to a Certified Mixed C&D Sorting Facility. Mixed C&D loads can only be hauled by a franchised hauler or self-hauler. Please see Section F (Definitions) on the backside for more information. E. Material Management. 1. How will C&D debris be stored on the project site? 2. Company(ies) to haul away debris: 3. Facilities to receive debris: ( ) Mixed ( ) Source-separated ____________________________________________________________________________________________________________ I certify the information provided on this form is true and accurate. Date: Permit Applicant Name Page 1 Permit Applicant Signature 05/31/2012 C&D Debris Waste Management Plan City of Citrus Heights General Services Department 6237 Fountain Square Drive Citrus Heights, CA 95621-5577 Phone: (916) 727-4770 www.citrusheights.net F. Definitions Please read and understand these terms. Call the General Services Department at (916) 727-4770 if these terms are not clear to you. 1. Self-haul or self-hauling. This is when the contractor hauls their own waste materials for recycling or disposal. Note that a jobsite cleanup crew is not considered “doing other work on the project” and is not self-hauling. Jobsite cleanup crews need to be franchised in order to haul mixed C&D debris away. 2. Franchised hauler. Contact the General Services Department at (916) 727-4770 for a list of these haulers. These companies are the only companies in the City of Citrus Heights who can legally collect and haul mixed C&D debris for a fee. 3. Source separation. This is achieving compliance with the recycling requirement by keeping cardboard, metal, wood, or other recyclables in separate containers, and sending materials to an authorized recycler. Call the General Services Department at (916) 727-4770 for a list of authorized recyclers. Source-separated material may be hauled by anyone. 4. Mixed C&D debris. This is achieving compliance with the recycling requirement by putting all recyclable (and a small amount of unrecyclable) debris in one container. Mixed material must be sent to a certified mixed C&D sorting facility to have the recyclable material extracted and recovered. Mixed material also must be either self-hauled or hauled by a franchised hauler. If your job site is crowded, this option saves the most space. 5. Certified Mixed C&D Sorting Facility. These facilities have been certified by the Sacramento Regional Solid Waste Authority (SWA) to extract recyclable materials from, mixed C&D debris. In order to achieve compliance by mixed recovery, your debris must go to a certified mixed sorting facility. G. Terms and Conditions • Your approved Waste Management Plan and Waste Log must be kept on the job site in the permit envelope for the duration of the project. • City of Citrus Heights staff may enter the job site to inspect waste collection areas and recordkeeping (e.g., Waste Management Plan, Waste Log). • Clean Wood Waste (unpainted, untreated lumber, plywood, and OSB), Corrugated Cardboard, Inert Materials (asphalt paving, block, brick, concrete, and dirt), Scrap Metal, and Wooden Pallets must be recycled. • Only SWA-Certified Mixed C&D Sorting Facilities may be used to recycle these materials if mixed with other materials. • Only City of Citrus Heights-Franchised Haulers or self-haulers (as defined above) may collect and transport mixed C&D material from the job site. • Construction and Demolition Debris may not be burned or dumped illegally. • Your Waste Log must be completed and submitted prior to the project being field accepted. All recycling activity must be entered on the Waste Log, including information from permit holders who self-hauled their own recyclables off-site. • Failure to comply with these terms and conditions may result in a fine and an investigative fee on future projects. Page 2 05/31/2012 EXHIBIT “B” City of Citrus Heights General Services Department 6237 Fountain Square Drive Citrus Heights, CA 95621-5577 Phone: (916) 727-4770 www.citrusheights.net C&D Debris Waste Log Project Name: The Waste Log and supporting information must be submitted to the General Services Department at prior to field acceptance. Date Hauler: Material: Destination: Quantity: Hauler Material Destination Quantity Indicate the franchisee, self-hauler, or other hauler who removed the material offsite. Indicate appropriate category: Cardboard, Clean Wood Waste, Inert Materials, Scrap Metal, or Wooden Pallets. Indicate the facility that received the material for disposal or recycling. Indicate weight (in pounds). If weight is not obtained, report volume (in cubic feet). Appendix E STATE WAGE DECISION 2016 Residential Street Resurfacing Project Project No. 22-16-001 STATE WAGE DECISION Prevailing wages must be paid to all workers employed on a public works project when the public works project is over $1,000. If an awarding body elects to initiate and enforce a labor compliance program, that has been approved by the Director of the Department of Industrial Relations, for every public works project under the authority of the awarding body, prevailing wages are not required to be paid for any public works project of $25,000 or less when the project is for construction work, or for any public works project of $15,000 or less when the project is for alteration, demolition, repair, or maintenance work. California’s prevailing wage laws ensure that the ability to get a public works contract is not based on paying lower wage rates than a competitor. All bidders are required to use the same wage rates when bidding on a public works project. California law requires that not less than the general prevailing rate of per diem wages be paid to all workers employed on a public works project. In accordance with the provisions of Section 1770 of the Labor Code of the State of California, the Director of the Department of Industrial Relations has determined the general prevailing rate of per diem wages applicable to the work to be done, and a current copy of said prevailing wages is on file with the City Clerk. The state wage determination can also be accessed online at: http://www.dir.ca.gov/dlsr/PWD/index.htm