SPECIFICATION NO. HD-S2339 AND

Transcription

1 SPECIFICATION NO. HD-S2339 AND DRAWINGS LISTED ON DRAWING NO. HD THRU 8 AND REFERENCE DRAWINGS NOS. HD AND HD THRU 46 & 85, C-3447 AND B THRU 8 CITY OF LONG BEACH, CALIFORNIA HARBOR DEPARTMENT ************************* FOR ROADWAY IMPROVEMENTS AT I-710, 9 TH ST AND SHOEMAKER BRIDGE LONG BEACH, CALIFORNIA ************************* OFFICES OF RICHARD D. STEINKE, EXECUTIVE DIRECTOR AND A.J. MORO, CHIEF HARBOR ENGINEER OCTOBER 2008

2 IMPORTANT NOTICE ROADWAY IMPROVEMENTS At I-710, 9 TH STEET AND SHOEMAKER BRIDGE, LONG BEACH, CA To All Prospective Bidders: Specification HD-S2339 Note: Due to security measures currently in place at the Harbor Department Administration Building, please allow extra time to check in with the Security Department on the Lobby level before proceeding to any meetings. Security conditions may require visitors to be escorted by Port personnel within the Administration Building. Bidders are advised that, in the interest of security, authorization is required for all access to and activities in areas within the Harbor District. Such authorization may be obtained from the Port Security Division and is required prior to field visits and/or photography within the Port. The Security Division s Administrative office can be reached Monday Friday, during normal business hours by dialing (562) and after business hours and during weekends and holidays 24-hour Security Dispatch Office number is (562) Pre-Bid Meeting Pursuant to the requirements of Division 2.04 of the General Conditions, the Contractor is responsible for inspection of the project site. The Engineering staff of the Harbor Department will conduct a pre-bid meeting at 10:00 a.m, on Tuesday, November 18, 2008, in the Conference Room, 5 th floor, of the Harbor Department Administration Building, 925 Harbor Plaza, Long Beach, CA. Attendance is optional, but highly recommended. Bid Opening All bids must be submitted before 10:00 a.m., Tuesday, December 16, Any Bids received at or after 10:00 a.m., Tuesday, December 16, 2008 will be deemed nonresponsive and will not be opened. Bids will be publicly opened in the 6 th Floor Board Room of the Harbor Department Administration Building, 925 Harbor Plaza, Long Beach, California, at 10:00 a.m. on Tuesday, December 16, Bids shall be sealed in an envelope and the outside of the envelope should clearly state the specification number, title of the project and the bid opening date. Bids received before Tuesday, December 16, 2008 shall be sent to the 4 th Floor, Plans and Specifications office, where the bid envelope will be date stamped. If bids are hand-carried or received the day of bid opening, prior to 10:00 a.m., the bids will be clocked in at the Lobby desk of the Harbor Department Administration Building and taken to the 6 th Floor Board Room by the Port Contract Administrator. Sincerely, A. J. Moro Chief Harbor Engineer

3 NOTICE INVITING BIDS ROADWAY IMPROVEMENTS AT I-710, 9 TH ST. AND SHOEMAKER BRIDGE, LONG BEACH, CALIFORNIA AS DESCRIBED IN SPECIFICATION NO. HD-S2329 AND DRAWINGS LISTED ON DRAWING NO. HD THRU 8 AND REFERENCE DRAWINGS NOS. HD THRU 46 & 85, C-3447 AND B THRU 8 All bids must be submitted before 10:00 a.m., Tuesday, December 16, Any Bids received at or after 10:00 a.m., Tuesday, December 16, 2008 will be deemed nonresponsive and will not be opened. Bids will be publicly opened in the 6 th Floor Board Room of the Harbor Department Administration Building, 925 Harbor Plaza, Long Beach, California, at 10:00 a.m. on Tuesday, December 16, Bids shall be sealed in an envelope and the outside of the envelope should clearly state the specification number, title of the project and the bid opening date. Bids received before Tuesday, December 16, 2008 shall be sent to the 4 th Floor, Plans and Specifications office, where the bid envelope will be date stamped. If bids are hand-carried or received the day of bid opening, prior to 10:00 a.m., the bids will be clocked in at the Lobby desk of the Harbor Department Administration Building and taken to the 6 th Floor Board Room by the Port Contract Administrator. It is anticipated that the Board of Harbor Commissioners will consider a conditional award on January 12, 2009 with Staff given the authority to execute a Contract provided the lowest responsive bidder submits the required completed insurance forms, bonds and signed Contract within fifteen (15) days after conditional award by the Board. Copies of said specifications and drawings in CD format may be obtained, at no cost, in the Plans and Specifications office, 4 th floor, Harbor Department Administration Building beginning Thursday, October 30, 2008 during the hours of 7:30 a.m. to 4:30 p.m. Monday through Friday. The CD is no charge. To arrange to receive a CD by FedEx at the expense of the Bidders call the office at (562) The printing of hard copies from the CD will be the responsibility of the Bidder. For information on this project and other upcoming Port projects, you may view the Port website at Copies of all Port insurance forms are available at: HD-S 2339 NIB-1

4 The Engineering Staff of the Harbor Department will conduct a pre-bid meeting at 10:00 a.m., on Tuesday, November 18, 2008, in the Conference Room, 5 th floor, of the Harbor Department Administration Building. Attendance is not mandatory, but highly recommended. This project is subject to the Port of Long Beach (POLB) Small Business Enterprises (SBE) and Very Small Business Enterprises (VSBE) Program. POLB expects all Bidders to achieve the combined SBE/VSBE participation goal for this project which is ten percent (10%) SBE/VSBE.. Award of the Contract will be conditioned on the Bidder providing documentation that it has obtained enough SBE/VSBE participation to meet the goal or that it made adequate good faith efforts to meet the goal even though it did not obtain enough SBE/VSBE participation to do so as specified in the Special Provision 32 (S.P. 32). The Port s SBE Administrator is available to provide information on the program requirements, including SBE certification assistance. Please contact Sashi Muralidharan, SBE Administrator at (562) You may also view the Port s SBE program requirements at: This project consists of furnishing all labor, materials, power, equipment, tools, transportation and supervision necessary to stripe and pave three lanes into two lanes. Bidders shall, at the time of submitting their bids, in compliance with Section of the California Business and Professions Code, be licensed by the State Contractor s License Board as a General Engineering Contractor with a "Class A" license. Whenever any material, product, thing, or service identified in the specifications is described by one or more brand or trade names and is followed by the words or equal, the apparent low bidder shall submit data substantiating a request for the substitution of equivalent item(s) within forty-eight (48) hours following bid opening. All bids shall be submitted upon forms provided by the City accompanied by a satisfactory "Bidder s Bond" or other acceptable security deposit in an amount not less than ten percent (10%) of such bid as a guarantee that the Bidder will, if conditionally awarded a Contract by the Board, within fifteen (15) days thereafter, execute and deliver such Contract to the office of the Chief Harbor Engineer along with all required insurance forms and a Payment Bond for not less than one hundred percent (100%) of the Contract price, and a Performance Bond for not less than one hundred percent (100%) of the Contract price. The Bidder s Bond shall be signed by the bidder and the surety and both signatures shall be notarized. The work shall be completed within two ninety days (90) from a date specified in a written "Notice to Proceed" issued by the City. Failure of the Contractor to complete the work within the specified time frame will result in liquidated damages in the amount of one-thousand dollars ($1000) per calendar day of delay in completed work. In addition, liquidated damages in the amount of one thousand dollars ($1000) per calendar day will be assessed for a delayed schedule (as stated in Special Provision 12). Liquidated damages are cumulative and can run concurrently. HD-S 2339 NIB-2

5 The Board of Harbor Commissioners, acting through the Executive Director, reserves the right at any time prior to the execution of the Contract by the City, to reject all bids and to return all deposits accompanying said bids. If the lowest responsive bidder fails to submit the required insurance forms, bonds and signed Contract within fifteen (15) days after conditional award, the Board reserves the right to rescind the conditional award and conditionally award the Contract to the next lowest responsive bidder. All bids and bid bonds shall be guaranteed for a period of ninety (90) days following the bid opening or until the Executive Director executes a Contract, whichever occurs first. The Board also reserves the right at any time to terminate the Contract for its convenience. Dated at Long Beach, California, this day of, 20. Richard D. Steinke Executive Director of the Harbor Department, City of Long Beach, California Note: The Long Beach Harbor Department intends to provide reasonable accommodations in accordance with the Americans with Disabilities Act of This specification is available in an alternative format by request. If a special accommodation is desired, please call (562) , 48 hours prior to the bid opening or any pre-bid meetings. Office hours are Monday-Friday, 7:30 a.m. - 4:30 p.m. HD-S 2339 NIB-3

6 TABLE OF CONTENTS FOR SPECIFICATION NO. HD-S2339 GENERAL PROVISIONS SECTION PAGE 1. Definition of Terms 1 2. Control of the Work 3 3. Changes in Work Control of Materials Prosecution, Progress, and Acceptance of the Work Responsibilities of the Contractor in the Conduct of His Work Indemnity and Insurance Requirements Payments 41 SPECIAL PROVISIONS S.P. 1 GENERAL REQUIREMENTS... 1 S.P. 2 OMISSION OF GENERAL PROVISIONS... 1 S.P. 3 PROPOSAL REQUIREMENTS, LICENSES, AND PERMITS... 1 S.P. 4 TERMINATION FOR CONVENIENCE... 2 S.P. 5 SUBSTITUTION OF EQUIVALENTS... 2 S.P. 6 WORK TO BE DONE BY CONTRACTOR... 3 S.P. 7 WORK TO BE DONE BY CITY OR OTHERS... 3 S.P. 8 COOPERATION WITH OTHERS... 4 S.P. 9 MATERIALS FURNISHED BY THE CITY OR OTHERS... 5 S.P. 10 DRAWINGS, SAMPLES, AND DATA... 5 S.P. 11 RIGHT TO REJECT BIDS... 6 S.P. 12 BONDING REQUIREMENTS... 6 S.P. 13 CONSTRUCTION SCHEDULE... 6 S.P. 14 TIME OF COMPLETION AND LIQUIDATED DAMAGES S.P. 15 MEASUREMENT AND PAYMENT S.P. 16 CHANGES INITIATED BY THE CITY S.P. 17 UNFORESEEN CONDITIONS S.P. 18 ENVIRONMENTAL PROTECTION S.P. 19 COLLECTION OF TAXES S.P. 20 NON-COLLUSION AFFIDAVIT S.P. 21 INDEMNITY S.P. 22 INSURANCE S.P. 23 PUBLIC SAFETY S.P. 24 WORKSITE SAFETY S.P. 25 SECURITY S.P. 26 APPRENTICE EMPLOYMENT HD-S 2339 i

7 S.P. 27 FAIR EMPLOYMENT PRACTICES S.P. 28 WAGE RATES S.P. 29 RETENTION OF MONIES S.P. 30 THIRD PARTY CLAIMS S.P. 31 INTENT REGARDING PROMPT PAYMENT S.P. 32 SMALL BUSINESS ENTERPRISES (SBE)/VERY SMALL BUSINESS ENTERPRISES (VSBE) PROGRAM PROCEDURES & GOALS S.P. 33 ORAL STATEMENTS AND REQUEST FOR INFORMATION S.P. 34 TRANSPORTATION WORKERS IDENTIFICATION CREDENTIAL (TWIC)... ALLOWANCE S.P. 35 CONSTRUCTION WASTE RECYCLING ORDINANCE S.P. 36 EXCAVATION AND DISPOSAL OF CONCRETE AND ASPHALT S.P. 37 TRAFFIC STRIPES AND PAVEMENT MARKING S.P. 38 MAINTAINING TRAFFIC S.P. 39 BARRIER RAIL S.P. 40 TRAFFIC SIGNS S.P. 42 COLD MILLS ASPHALT CONCRETE S.P. 43 ASPHALT CONCRETE PAVEMENT S.P. 44 CONCRETE CURB AND GUTTER S.P. 45 SAND FILLED CRASH CUSHIONS S.P. 46 MOBILIZATION AND DEMOBILIZATION S.P. 47 ALLOWANCE FOR UNFORSEEN WORK APPENDICES APPENDIX A - Harbor Development Permit (HDP) APPENDIX B - SBE/VSBE Instructions and Forms APPENDIX C - Traffic Control Plans and Caltrans Encroachment Permit No.798-NTK-0804 APPENDIX D - Storm Water Pollution Prevention Plan (SWPPP) Template APPENDIX E - Soil Requirements Import Soil Material Quality requirements 2006 Export Soil Material Quality requirements 2006 Surplus Soil Material Quality requirements 2006 APPENDIX F - City of Long Beach Construction and Demolition Recycling Program Ordinance and Waste Management Plan TO BE SUBMITTED WITH BID: Proposal and Bid List of Subcontractors Non-Collusion Affidavit Signature Page Bidder s Bond FORMS/SUBMITTALS HD-S 2339 ii

8 TO BE SUBMITTED WITHIN FORTY-EIGHT (48) HOURS OF BID OPENING Data to Substantiate Substitution of Or Equal Item(s) [ADD THIS ITEM IF NATURAL GAS PIPELINE WORK IS TO BE PERFORMED] Information to Verify Qualification to Perform Natural Gas Pipeline Work TO BE SUBMITTED BY 4:00 PM ON THE FIRST (1 ST ) BUSINESS DAY AFTER BID OPENING SBE-2C TO BE SUBMITTED BY 4:00 PM ON THE THIRD (3 RD ) BUSINESS DAY AFTER BID OPENING (Only if SBE and VSBE Participation Goals are not met) SBE Good Faith Effort Documentation TO BE SUBMITTED WITHIN FIFTEEN (15) DAYS OF CONDITIONAL AWARD OF CONTRACT BY THE BOARD: Executed Contract Performance Bond Payment Bond Evidence of Insurance Note: The Long Beach Harbor Department intends to provide reasonable accommodations in accordance with the Americans with Disabilities Act of This specification is available in an alternative format by request. If a special accommodation is desired, please call (562) , 48 hours prior to the bid opening or any pre-bid meetings. Office hours are Monday-Friday, 7:30 a.m. - 4:30 p.m. HD-S 2339 iii

9 S.P. 1 GENERAL REQUIREMENTS Materials and construction shall comply to the Caltrans Standard Specifications May 2006 plus published revisions unless otherwise noted. The first and second paragraphs of General Provision 2.024, Precedence of Documents, are amended to read: The order of precedence of contract documents shall be: First: Second: Third: Fourth: Fifth: Sixth: Permits as may be required by law. Special Provisions Technical Specifications including Appendices. Drawings. Caltrans Standard Plans that are specifically referenced. Caltrans Standard Specifications that are specifically referenced. Seventh: Standard Specifications for Public Works Construction (SSPWC) S.P. 2 OMISSION OF GENERAL PROVISIONS The following Sections, Divisions, and/or Subdivisions of the General Provisions shall be omitted from these specifications: SECTION DIVISION SUB-DIVISION TITLE 2.14 Field Office S.P. 3 PROPOSAL REQUIREMENTS, LICENSES, AND PERMITS Bidders shall be licensed, at the time of submitting their bids, by the State Contractor s License Board as a General Engineering Contractor with a "Class A" license, in conformance with the provisions of Section of the State of California Business and Professions Code. All bidders shall complete the license statement included on the signature page of the Proposal and Bid. Also, at the time of submitting their bids, if the bidder is in partnership or joint venture, the name under which the bid submitted shall have a Class A license. Subdivision 6.047, Licenses and Permits, of the General Provisions is modified to read: HD-S2339 1

10 The Contractor shall provide and pay for all licenses required by Title 3 and Title 5 of the Long Beach Municipal Code, in order to undertake and complete this Contract. The Contractor shall obtain all permits necessary to undertake the work. The City will pay fees associated with construction and building permits issued by the City and Caltrans, however, fees for permits issued by agencies other than the City or Caltrans shall be paid by the Contractor. All bids shall be submitted upon forms provided by the City accompanied by a satisfactory "Bidder s Bond" or other acceptable security deposit in an amount not less than ten percent (10%) of such bid as a guarantee that the Bidder will, if conditionally awarded a Contract by the Board, within fifteen (15) days thereafter, execute and deliver such Contract to the office of the Chief Harbor Engineer along with all required insurance forms and a Payment Bond for not less than one hundred percent (100%) of the Contract price, and a Performance Bond for not less than one hundred percent (100%) of the Contract price. The Bidder s Bond shall be signed by the bidder and the surety and both signatures shall be notarized. S.P. 4 TERMINATION FOR CONVENIENCE The City reserves the right to terminate the Contract at any time for its convenience and without cause. The City shall give the Contractor written notice of such termination for convenience, by personal service or by leaving a copy at Contractor's place of business or residence or with any employee at the work site. Should the City terminate the Contract for its convenience, the City's liability to the Contractor shall be limited to the following amounts: the value of work done through the date of the termination notice, plus the Contractor's reasonable costs of demobilization, plus reasonable profits and overheads on the work done through the date of service of the termination notice. After termination for convenience, Contractor shall not be entitled to any payment for work not performed by the date of service of the termination notice or any profits or overheads on any work not performed by that date. Upon receipt of notice of termination for convenience, the Contractor shall cooperate with the City to secure the site and demobilize in a safe and orderly fashion and shall be responsible for invoicing the City for the amounts due pursuant to this paragraph. The Engineer shall review these invoices and make the final determination on the amount due to the Contractor. S.P. 5 SUBSTITUTION OF EQUIVALENTS With reference to Division 4.04, Substitution of Equivalents of the General Provisions, delete the first sentence and replace with the following: Whenever any material, product, thing, or service specified herein is described by one or more brand or trade names and is followed by the words or equal, the apparent low bidder shall have forty-eight (48) hours following the opening of bids for the submission of data substantiating a request for a substitution of an equal item. The award of a Contract shall not obligate the City to grant the request for HD-S2339 2

11 substitution, and the successful bidder must be prepared to perform the work regardless of City s decision on the request for substitution. S.P. 6 WORK TO BE DONE BY CONTRACTOR Except as stipulated in these specifications as being furnished by the City or others, the Contractor shall furnish all labor, materials, power, equipment, tools, transportation, and supervision necessary to construct, complete the following: A. Remove existing striping and markings, furnish and install new striping and pavement markings B. Remove existing and install new concrete curbs and gutters C. Cold mill existing and install asphalt concrete pavement overlay D. Furnish and installing traffic warning and regulatory signs, E. Modify existing overhead guide signs F. Furnish and install lightweight metal barrier rail and K-Rails G. Furnish and install crash cushions H. Provide traffic control S.P. 7 WORK TO BE DONE BY CITY OR OTHERS Irrespective of provisions of Division 2.15, Surveying, of the General Provisions, the City will furnish survey lines and grades as deemed necessary by the Engineer to complete the project. When the Contractor requires construction staking, the Contractor shall notify the Engineer of their requirements in writing on the form supplied by the Engineer, a minimum of (2) two working days before survey services will be required. In no event shall a notice of less than two (2) working days be considered a reasonable length of time. A corresponding cut or fill to finished grade (or flow line) will be indicated on a grade sheet in connection with the laying out of any portion of the work. Marks or stakes are to be used within a reasonable amount of time to prevent exposure to deterioration or destruction. The Contractor shall take proper precautions to prevent disturbance or damage to marks or stakes. In case such marks or stakes are damaged or destroyed they will be replaced at the Engineer s discretion and convenience. Remarking, re-staking, or rechecking of survey will be charged to the Contractor at the current rate (estimated to be $3, per day for a three-person survey crew) and will be deducted from the final payment. The City shall perform the following work for this project: Based on the coordinates (easting and northing) given on the plans, the surveyors will mark the control points on the pavement for striping and pavement overlays. The Contractor will provide traffic control for the City surveyors. The City will survey the grade of the ramp recently repaved by Caltrans. The Engineer will direct the Contractor as to the dimensions of the grind and overlay area on this ramp so as to provide a smooth riding surface (without bumps or dips). HD-S2339 3

12 S.P. 8 COOPERATION WITH OTHERS The Contractor shall at all times cooperate with the City, other Contractors, City tenants or agencies doing other work in the vicinity to the extent that all necessary work may progress in an orderly manner. The Contractor shall have no claim against the City as a result of these other activities. The Contractor is advised that this work is to be completed within an operating port, and that container terminal operations and construction activities by others may be in progress seven days a week at the work site during the course of this Contract. The Contractor shall protect all cargo, equipment, and all property of others from any damage whatsoever resulting from his operations during all work. The Contractor shall coordinate his activities with the Engineer to minimize interference to all parties concerned. The Contractor shall coordinate with the appropriate persons for working space requirements outside the immediate work area. The City will not be liable to the Contractor for any loss, damage, cost, or expense of any kind or nature whatsoever arising out of, connected with, or attributable to the activities of others in the project area or immediately adjacent thereto. The Contractor shall arrange and coordinate a schedule with the persons listed below seven (7) calendar days prior to commencement of work, unless noted otherwise. It shall be the Contractor s responsibility to ensure that his actions and methods of operation will not result in interference with other operations. If disruption should materialize, it will be necessary to work irregular hours, at the Contractor s expense, to avoid any conflict. The Shoemaker Bridge and the southbound off-ramp from the I-710 Freeway south of the gore point are owned by the City of Long Beach. Traffic controls that extend north of this gore point require a Caltrans permit. Persons to be Notified: Gary Cardamone, Director of Construction Management-Harbor Department (562) Yvonne Allen, Terminal Services Manager- Harbor Department (562) Randy Rich, Director of Maintenance Harbor Department (562) Cosmo Perrone, Director of Port Security- Harbor Department (562) David Rosemann City Traffic Engineer City of Long Beach (562) Mamoud Nasimi Caltrans Area Inspector (310) (office) (213) (cell) HD-S2339 4

13 The Contractor shall follow the schedule of work as described in S. P. 13 so that construction items that are prerequisites for construction or operations by others are given priority. The work shall be expedited and completed so as to avoid delays to work by other contractors or to the City s tenants. There will be a weekly construction coordination meeting held at the Long Beach Harbor Department Administration Building. Attendance by the Contractor is required. S.P. 9 MATERIALS FURNISHED BY THE CITY OR OTHERS Irrespective of Division 6.11, Temporary Light, Power, and Water of the General Provisions, water for construction purposes will be furnished without charge, from a fire hydrant adjacent to the project site. The Contractor shall make application for temporary water service a minimum of three (3) business days prior to requiring said service by contacting the Harbor Department s Maintenance Division at (562) In accordance with applicable Sections in the City of Long Beach Water Department, Rules, Regulations and Charges Governing Water and Sewer Service (latest edition), a $ deposit will be required for each 2-inch or less temporary service connection and shall be made at the time the service connection is requested. Service connections larger than 2-inches will require a deposit amount based upon meter and backflow device replacement costs. The deposit shall be in the form of a bank cashier s check made payable to the City of Long Beach Harbor Department drawn on a solvent bank in Los Angeles County. The deposit will be held until the service connection is no longer needed and the meter and backflow devices are returned to the Harbor Department in good condition. After application for temporary water service is made, the Harbor Department will install approved backflow prevention and metering devices on the hydrant prior to the withdrawal of any water. The Contractor will not be charged for the installation or removal of these temporary service connections. The Contractor shall be liable for the loss or damage to the backflow prevention and metering devices, and if said devices are lost or damaged, the Contractor will be charged their full replacement value plus a fifteen percent (15%) administrative charge. S.P. 10 A. As-Built Drawings DRAWINGS, SAMPLES, AND DATA The Contractor shall record onto a set of black-line prints of the original Contract drawings and shop drawings, true as-built information in colored pencil with different colors for the various systems and defined by a color legend. Contractor shall submit on a weekly basis. If drawings are not up to date, up to 10% of progress payment may be withheld. As-built Drawings shall include the following: 1. Location of internal and/or underground utilities and appurtenances concealed in construction, referenced to visible and accessible features of structure(s). Location of concealed valves, dampers, controls, balancing devices, junction boxes, cleanouts, and other items requiring access or maintenance. HD-S2339 5

14 2. Field changes of dimension and detail, changes made by change order or field order, and details not on original shop drawings. B. Reference Drawings In addition to the requirements of Subdivision 2.027, "Working Drawings," of the General Provisions, the Contractor's attention is directed to the availability of the following reference drawings: HD and HD thru 46 & 85, C-3447 and B thru 8 These plans will be made available for Contractor's inspection at the Engineer's office, [and also in the construction field office] for Contractor's use. No guarantee is made that the original construction exists exactly as shown on the reference drawings. S.P. 11 RIGHT TO REJECT BIDS The City reserves the right to reject all bids or award the Contract within ninety (90) days after the Bid Opening. All bids shall be guaranteed for a period of ninety (90) days following the Bid Opening. If ninety (90) days after the Bid Opening, the City has not awarded a Contract or given a Notice to Proceed, then the Bidder may, upon request, withdraw its bid without forfeiture of bid security. S.P. 12 BONDING REQUIREMENTS Within fifteen (15) days of conditional award of the Contract by the Board, the Contractor shall file with the City surety bonds, satisfactory to the City, in the amounts and for the purposes stated in Division 2.08, Contract Bonds of the General Provisions, except that the Payment Bond shall not be less than one hundred percent (100%) of the Contract price. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California. The Contractor shall pay all bond premiums, costs and incidentals. Each bond shall be signed by both the Contractor and Surety and both signatures shall be notarized. Should any bond become insufficient, the Contractor shall renew the bond within ten (10) days after receiving notice from the City. NOTE: Samples of bond forms are included at the rear of this specification book for reference. Forms for execution will be provided with the Contract. S.P. 13 CONSTRUCTION SCHEDULE Prior to the commencement of work, the Contractor shall arrange and coordinate a Baseline Schedule with the Engineer in order to determine the construction staging schedule. The Contractor shall submit the schedule to the Engineer for approval. The schedules shall be prepared using either MS Project 2000 or later, or Primavera 3.0 or later, at the discretion of the HD-S2339 6

15 Engineer. The schedules shall show the proposed order of work, the planned beginning and completion dates, expected or actual beginning and completion dates with predecessors, successors and duration for the salient features of the work. At a minimum the schedule shall identify all items listed under the special provision entitled WORK TO BE DONE BY CONTRACTOR above. The schedule shall show each activity and include the activity identification number and description. At the Pre-Construction meeting, the Contractor shall be prepared to review and discuss the schedule and sequence of operations including: as-built schedule development and maintenance; procedures of updating and revisions; and required submittals as specified in this Section. The Contractor shall describe its approach for meeting required interim and final completion milestone dates, as specified by the Contract. As a minimum, the Contractor shall include the following: basis and assumptions used in preparing submittal (such as crew sizes, equipment requirements, anticipated delivery dates, etc), constraints, critical path activities, production rates, activities requiring overtime and/or additional shifts, activities containing time contingencies for impacts to be expected, potential problem areas, permits, coordination, and long lead delivery items (greater than 30 calendar days from order to delivery). The Baseline Schedule narrative shall address the Contractor s approach to executing the scope of work including procurement, long lead items, third party coordination, equipment, materials, site access, submittals, and permits throughout the duration of the project. If, in the opinion of the Engineer, the schedule (1) does not accurately reflect the Contractor s actual or anticipated progress or work plan or, (2) cannot be used to effectively evaluate the Contractor s progress or, (3) is not in compliance with this article and other parts of the Contract, it will be returned to the Contractor for corrections and clarification. The Contractor shall make the necessary corrections and resubmit, or shall respond in detail to the Engineer s comments with reasonable explanation why such corrections or clarifications should not be required. Failure by the Contractor to provide corrections or clarifications to the scheduling submittals as directed by the Engineer shall constitute reason to withhold approval of any progress payment. The Engineer s review of the schedule submittals shall not relieve the Contractor from the responsibility for any variation from the requirements of the Contract Documents unless the Contractor has, in writing, called the Engineer s attention to such variation at the time of submission and the Engineer has given written approval of each such variation. Nor shall any approval by the Engineer relieve the Contractor from responsibility for compliance with any provision of the Contract, except as specifically approved with respect to such variation. The submitted schedule shall include columns showing: Activity duration (in calendar days); Float for each activity (in calendar days); Percentage of actual work complete for each activity (update schedules); HD-S2339 7

16 All schedules shall display on all pages the project start date, the project finish date, the schedule run date, the specification name, the specification number, and the Contractor s name; Milestone dates and contract phases shall be defined; The critical path and critical activities shall be clearly distinguished in red; Float time shall be shown; The schedule shall show the date each activity is expected to start and complete, and shall show all submittals, allowing a minimum of ten (10) working days for review of each; Schedule activities shall be of sufficient detail to assure adequate planning has been done for proper execution of the work and such that, in the sole judgment of the Engineer, it provides an appropriate basis for monitoring progress; The schedule shall begin with the date of issuance of the Notice to Proceed and conclude with the date of Final Completion shown in the Contract. The Contract Time establishes the period and duration in which the City expects the work to be performed. Any schedule that shows completion ahead of the Contract Time shall include additional supporting data to explain the basis of the shorter time for performance. The City may (1) notify the Contractor that the Contract Time is being adjusted by Change Order to reflect the shorter schedule duration or (2) elect not to adjust the Contract Time and allow the use by all parties of the increased schedule flexibility that the shorter schedule represents. In any case, the City shall not be responsible for any costs to the Contractor, actual or anticipated, resulting from the delay(s) of any cause that prevents completion of any part of the work unless it prevents the Contractor from meeting the interim or final completion requirements of the Contract; nor shall the City be obligated to incur any additional costs for administration or inspection of accelerated work by the Contractor. Time extensions shall not be granted nor delay damages paid until a delay occurs on the Critical Path which is beyond the control and without the fault or negligence of the Contractor and its subcontractors or Suppliers, at any tier, and which extends actual work performance beyond the current Contract Completion Date. Time extensions shall be granted only if documented by the Contractor' s submittal of a Time Impact Analysis which demonstrates impact on the end date of the work; based upon an approved schedule update current as of the month the delay occurred; demonstrating that the delay cannot be mitigated or offset through such actions as resequencing work. Total Float HD-S2339 8

17 Total float is not for exclusive use or benefit of either the City or the Contractor, but is an expiring resource available to both parties on a non-discriminatory basis. Total float shall be used by either party as needed to meet the Contractor s milestones and completion dates as defined in the Contract. Time extensions will be granted only to the extent that delays or disruptions to affected work paths exceed total float along those paths of the current reviewed and noted Updated Working Schedule. Such delays or disruptions must also cause the end date of work to exceed current contract completion date and must be beyond the control and without fault or negligence of the Contractor or any of the Contractor s subcontractor at any tier. In the event delays or disruptions impact an already negative float path, the Contractor shall not receive a time extension unless, and until, the activity with highest negative float is driven even further negative. Delays or disruptions shall not be basis for a time extension to this Contract unless, and until, such delays or disruptions are resolved as set forth in the Special Provision titled Time of Completion and Liquidated Damages. Pursuant to float sharing requirements of this Section, use of float-suppression techniques such as, but not limited to, preferential sequencing or logic, special lead/lag logic restraints, and extended activity times or durations is prohibited. Use of float time disclosed or implied by use of alternate float suppression techniques shall be shared to the proportionate benefit of the City and the Contractor. The use of any network technique solely for the purpose of suppressing float will be cause for rejection of schedule submittal. Schedule of Values A Schedule of Values shall be submitted with the Baseline Schedule at the Pre-Construction Meeting. Weather It is the requirement of the Contractor to build into the schedule calendars, the provisions for seasonally anticipated rainfall. Within the baseline narrative, the Contractor should clearly define all activities forecasting these rain delays. Any time extension for inclement weather shall be without cost to the City. The determination of a qualified "weather delay" will be a function of locally prevailing conditions to the effected work site. The Engineer will consider a time extension if any of the critical path activities is impacted by weather. If completion of any part of the work, delivery of equipment or materials, or submittal of Contractor submittals is behind schedule and will impact the end date of the work, the Contractor shall submit a written recovery plan acceptable to the Engineer, including a schedule submitted utilizing the Engineer s approved software media (either MS Project or P3), for completing the work by the current Contract completion date, if requested by the Engineer. Failure of the Contractor to submit the baseline schedule or any required resubmittals, revisions or updates, in a timely, accurate manner and in accordance with the requirements of this Article, will result in costs to the CITY which are difficult if not impossible to determine. Therefore, HD-S2339 9

18 the Contractor shall pay the CITY liquidated damages in the amount of $200 per work day, for every day the schedule submittal, revision, resubmittal, or update is late. This amount shall be subtracted from any monies due and shall be forfeited by the Contractor. The Contractor shall, after substantial completion of the work has been achieved, submit a certified, as-built schedule which accurately reflects the manner in which the project was constructed and includes actual start and completion dates for all activities on the schedule. State of California legal holidays are applicable to wage rates for the work to be done pursuant to the provisions of Section 1773 of the Labor Code of the State of California and to be used in calculating working days. Definitions 1. Baseline Schedule -The initial Critical Path Method (CPM) schedule submitted by the Contractor based upon a reasonable sequence of logical activities, which represents the Contractor s plan for the execution of the work. 2. Change Order A document directing modification to the contract documents that must be approved by both the City and the Contractor before it becomes a legal change to the contract. 3. City The City of Long Beach acting by and through the Board of Harbor Commissioners. 4. Contract Completion Date - The date the Contractor is contractually obligated to complete the work of the contract, including any authorized change orders. 5. Critical Path - The sequence of activities yielding the longest path in a CPM schedule. Any delay in any one activity along this path will delay the completion of the overall project. 6. Critical Path Method (CPM) A schedule network of all work to be performed on the project that has been defined and organized by activities. All activities are defined as having interrelationships, resources and durations. 7. Milestone - A marker in a network, which is typically used to mark a point in time or denote the beginning or end of a sequence of activities. A milestone is linked with other scheduled activities via logic ties. A milestone has zero duration, no resources, no budget and no quantities. 8. Narrative Report - A written text report that addresses the project status, resources and issues. The narrative should include appropriate details to address the following as needed: project progress, potential problem areas, current and anticipated delaying factors and their impact, actions taken or proposed, proposed changes in schedule logic, extension or contraction of activities, proposed addition or deletion of activities, explanation for changes in the critical path, explanation for changes in scheduled completion date, out of sequence work, and other topics related to job progress or scheduling. 9. Recovery Plan The Contractor s plan, to bring the project back on schedule. This may include a revised CPM schedule and additional manpower and equipment. 10. Schedule of Values A breakdown of the contract lump sum bid items into resource items relating to specific components of work or any fractional portion as directed by the Engineer to facilitate the processing of progress payments. HD-S

19 S.P. 14 TIME OF COMPLETION AND LIQUIDATED DAMAGES The Contractor shall commence Work on a date to be specified in a written "Notice to Proceed" issued by the City, and shall complete all work in two consecutive weekends (4 days) as indicated on the Contract Drawings, in the Standard Specifications, and as directed by the Engineer, within ninety (90) days thereafter. The Contractor shall not move onto the worksite until all bonds, insurance, permit, license, and coordination requirements have been met and the Contract has been fully executed by the City. The City reserves the right to reject all bids or award the Contract within sixty (60) days after the Bid Opening. All bids shall be guaranteed for a period of sixty (960) days following the Bid Opening or until the Executive Director executes a Contract, whichever occurs first. If ninety days after the Bid Opening, the City has not awarded a Contract or given a Notice to Proceed, then the bidder may, upon request, withdraw its bid without forfeiture of bid security. Because time is of the essence, the Contractor shall complete all work at the earliest date possible. Failure of the Contractor to complete all work within the specified time will result in damages being sustained by the City. Such damages are cumulative and extremely difficult to determine. Therefore, in the event the specified work is not completed within the time frame specified, liquidated damages will be invoked. The Contractor shall pay to the City, or have withheld from monies due, one thousand dollars ($1,000) for each calendar day of delay in finishing the work that is in excess of the specified completion date, plus any authorized time extensions. Should the Contractor be obstructed or delayed in the prosecution or completion of the project as a result of strike, fire, flood, lightning, severe storms, earthquakes, or by unavoidable calamity or other unforeseen and unanticipated causes that, in the opinion of the Executive Director, are beyond the control of the Contractor, then the Executive Director may grant an extension of time for the completion of the project. In the event an extension of time is granted for one of the aforementioned causes, the time for completion will be extended for purposes of calculating damages to the City. In any case, adjustment of the completion date or time for completion will be based upon the effect of delays upon the completion of the project as a whole and may not necessarily be on a day-for-day basis. The award of a Contract shall be conditioned upon the timely furnishing of properly executed Contract, insurance and bond documents as specified herein to the City. No extension of time will be granted for delays in execution and delivery of Contract, bond and insurance documents by the Contractor. S.P. 15 MEASUREMENT AND PAYMENT Wherever these Specifications do not include or specify the method of measurement and payment for work included in the Drawings and/or Specifications, and the Proposal and Bid does not include pay item(s) for such work, payment for the work will be considered as included in the various items of work involved, and no additional payment will be allowed therefore. HD-S

20 S.P. 16 CHANGES INITIATED BY THE CITY Subdivision of the General Provisions should be replaced in its entirety with the following: The City may unilaterally change the plans, specifications, character of the work or quantity of the work, provided the total arithmetic dollar value of all such changes, both additive and deductive, does not exceed 25 percent of the Contract amount. Changes up to a cumulative amount of $100,000 may be approved by the Executive Director. Changes in excess of $100,000 require prior approval by the Board of Harbor Commissioners. Changes in excess of 25 percent of the Contract amount require a written contract amendment between the Contractor and the City approved in advance by the Board of Harbor Commissioners. Change orders shall be in writing and state the dollar value of the change, establish method of payment, and any adjustment in Contract time. When negotiated prices are involved, change orders shall require the Contractor s signature, indicating acceptance. S.P. 17 UNFORESEEN CONDITIONS The Contractor shall promptly, and before the following conditions are disturbed, notify the Engineer, in writing, of any: A. Material that the Contractor believes may be hazardous substance, as defined in Section of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site or to a treatment facility in accordance with provisions of existing law. B. Subsurface or latent physical conditions at the site differing from those indicated. C. Unknown physical conditions at the site of any unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract. The City shall promptly investigate the conditions and, if it finds that the conditions do materially so differ, or do involve hazardous substances, causing a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, shall issue a change order under the procedures described in the Contract. In the event that a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous substances, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all work to be performed under the Contract. The Contractor shall retain any and all rights provided either by Contract or by law that pertain to the resolution of disputes and protests between the Contracting parties. HD-S

21 S.P. 18 ENVIRONMENTAL PROTECTION A. General Environmental Protection Requirements: Provide and maintain, during the life of the contract, environmental protection as defined. Plan for and provide environmental protective measures to control pollution that develops during normal construction practice. Plan for and provide environmental protective measures required to correct conditions that develop during the construction of permanent or temporary environmental features associated with the project. Comply with Federal, State, and local regulations pertaining to the environment, including but not limited to water, air, waste, hazardous materials and noise. B. Preservation of Natural Resources: Preserve the natural resources within the project boundaries and outside the limits of permanent work. Restore to an equivalent or improved condition upon completion of work. Confine construction activities to within the limits of the work indicated or specified. C. Spill Prevention: Prevent oil or other hazardous substances from entering the ground, drainage areas, drainage system or harbor. All temporary petroleum storage tanks, paint and chemical storage, or transformers shall be maintained within impervious containment structures of sufficient size and strength to contain the contents of the tanks and containers in the event of leakage or spillage. D. Storm Water Pollution Prevention Permit and Plan: a. The City has obtained a General Construction Activity Storm Water Permit (General Permit) from the State Water Resources Control Board for this project provided in Appendix D. This project shall conform to the requirements of the General Permit and the Contractor shall maintain a copy of this Permit at the construction site at all times. The Contractor shall prepare a Storm Water Pollution Prevention Plan (SWPPP) and implement those Best Management Practices (BMP s) described within the Plan at all times. The City has developed a standard construction SWPPP template that provides checklists and a fill in the blank format that can be adapted for use at any construction project site. A copy of the template SWPPP is provided in Appendix D. b. A copy of the completed SWPPP shall be submitted to the Engineer fourteen (14) days prior to the start of construction activities. Upon approval of the SWPPP, the Contractor shall be responsible for installing, constructing and implementing all control measures described in the SWPPP. The Contractor shall perform visual observations, as required by the Permit, to verify that all control measures are implemented and performing properly. If control measures being implemented by the Contractor are inadequate to control water pollution effectively, the Engineer may require the Contractor to revise the operations and amend the SWPPP. All records shall remain on site and readily accessible for review by the City and any responsible agencies. HD-S