DIVISION H

GENERAL REQUIREMENTS

Department of Public Works H-1 City of Long Beach Division H – General Requirements

STANDARD SPECIFICATIONS

These provisions are modifications of the Standard Specifications for Public Works Construction, (Greenbook) 2015 Edition, called the Standard Specifications. The Standard Specifications are a part of the Work’s Specifications. Anything not modified herein shall be as stated in the Greenbook.

The Standard Specifications are written and promulgated by Public Works Standards, Incorporated. Copies of the Standard Specifications are available from the publisher, Building News, Incorporated, 1612 South Clementine Street, Anaheim, California 92802, telephone (714) 517-0970.

Department of Public Works H-2

PART 1

GENERAL PROVISIONS

SECTION 1 – GENERAL

1-2 TERMS AND DEFINITIONS.

Replace and add the following definitions:

Agency – See “City.”

Board – The City Council of the City of Long Beach, California, or its designated agencies and boards.

Engineer – The City Engineer of the City of Long Beach, California, and their designated representatives (Project Manager) or the Engineer/Architect of Record.

Plans – The Plans for this Work consist of Long Beach Drawing (formal Drawing No. to be determined during design process) on file with the Department of Public Works.

Standard Plans – The City’s Standard Plans published by the Department of Public Works. The version of each standard plan to be used shall be the most recent version available at the time of Bid opening.

Working Day – Any day within the period between the date of the start of the Contract time as specified in 6-1 and the date of field acceptance of the Work by the Engineer, other than:

a) Saturday,

b) Sunday,

c) Any day designated as a holiday by the City, including New Year’s holiday, Martin Luther King Jr. Day, President’s Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Election Day, Thanksgiving Day, the day following Thanksgiving Day, and Christmas Day.

d) Any other day designated as a holiday in a Master Labor Agreement entered into by the Contractor or on behalf of the Contractor as an eligible member of a contractor’s association,

e) Any day the Contractor is prevented from working at the beginning of the workday for cause as specified in 6-6.1, or

f) Any day the Contractor is prevented from working during the first 5 hours with at least 60 percent of the normal work force for cause as specified in 6-6.1.

Add the following definitions:

City – The City of Long Beach, California, its Boards and Commissions, and their

Department of Public Works H-3 officials, employees, and agents.

Major Bid Item – A single Contract item constituting 10% or more of the original Contract Price.

Notice to Procure – A written notice to the Contractor, issued after execution of the contract but prior to the Notice to Proceed, to purchase long lead-time items.

Such Notice to Procure shall not start the Contract time.

1-3 ABBREVIATIONS.

1-3.2 Common Usage. Add the following:

Abbreviation Word or Words AB Anchor bolt

AC

Ave

BCR

Asphalt concrete, advisory circular Avenue Begin Curb Return

BD Bottom of Driveway Bldg Blvd

BM

Building Boulevard Benchmark

BMP

BW

Best Management Practice Back of Walk

C

CB

Conduit Catch Basin

CLB, COLB

C&G

City of Long Beach Curb and Gutter

CMP Corrugated metal pipe

CW

D

Cold water Curvature Degree

D.F. Drinking fountain D/F

DWY

ECR

Double faced Driveway End Curb Return

Elec Elev

Electrical Elevation

E.P. Each plant E/S Ex, Exist

East Side Existing

(F)

FH

FL

FS

Denotes "Final Pay Quantity" in the Bid Fire Hydrant Flow Line Finished Surface

GB Greenbook, Grade Break HW Hot water

Department of Public Works H-4

Abbreviation Word or Words L Length Lav Lavatory

LB

LD

Long Beach Local Depression

L&I

LP

Landscape and irrigation Light Pole

Ltg Lighting m Meter mm Millimeter m2 Square meter m3 Cubic meter Mfr

MH

Manufacturer Manhole

MLLW

Mon

Mean lower low water (survey datum) Monument

MSL

N

Mean sea level North

No. Number N/S North Side NS-n, SE-n, or WM-n

NTS

PB

PP

PVMT

Best Management Practice description from the California Stormwater Quality Association BMP Handbook. The letter "n" denotes the description number.

Not to Scale Pull Box Power Pole Pavement

QA/QC Quality assurance / quality control

QC

R

Quick coupler Radius

Rd Road Rwy R/W S

Runway Right of Way South

(S) S/S

Denotes "Specialty Item" in the Bid South Side

Sch Schedule SF Square foot S/F

SL

Single faced Streetlight

SNB Select natural base S/S South Side

ST

STA

Std

SW

Street Station Standard Sidewalk

Department of Public Works H-5

Abbreviation Word or Words

TD

T

TC

Top of Driveway Tangent Top of Curb

Tonne Typ

Metric ton, equals 1,000 kilograms Typical

Twy Taxiway

UON

W

Unless otherwise noted Width / West

WC Water closet WH Weep Hole W/S

WV

West Side Water Valve

WWM Welded wire mesh

1-4 UNITS OF MEASURE.

1-4.1 General. Add the following:

The Contractor shall use U.S. Standard Measures for construction unless otherwise noted in the specifications for the Work.

1-7 AWARD AND EXECUTION OF THE CONTRACT

Add the following:

1-7.2 Contract Bonds. Bonds shall be per the requirements stated in the Request for Proposal if differing from this Section in amount and/or scope.

Replace the 7th paragraph reference to “Board” with “Engineer.”

SECTION 2 – SCOPE AND CONTROL OF THE WORK

2-3 SUBCONTRACTS.

2-3.1 General. Add the following:

To the extent that Subsection 2-3.1 is inconsistent with Long Beach Municipal Code Sections 2.87.010 through 2.87.080, the Long Beach Municipal Code supersedes Subsection 2-3.1.

2-3.2 Self Performance. Replace this subsection with the following:

Standard requirements apply unless changed herein.

The Contractor shall perform, with its own organization, Contract work amounting to at least 15 percent of the Contract price except that any designated “Specialty Items” may be performed by subcontract and the amount of any such “Specialty Items” so performed will be deducted from the Contract Price before computing the amount required to be

Department of Public Works H-6 performed by the Contractor with its own organization. “Specialty Items” will be identified by the Agency in the Bid or the Special Provisions. Where an entire item is subcontracted, the value of the work subcontracted will be based on the Contract Unit Price. When a portion of an item is subcontracted, the value of the work subcontracted will be based on the estimated percentage of the Contract Unit Price. This will be determined from information submitted by the Contractor, and subject to approval by the Engineer.

2-5 PLANS AND SPECIFICATIONS.

2-5.3 Submittals. Supplement Table 2-5.3.2, Working Drawings; Table 2-5.3.3, Shop Drawings; and the listing shown in Subsection 2-5.3.4, “Supporting Information,” with the following combined table:

TABLE 2-5.3, Submittals

Item Section Number

Title Subject

1 2-5.4 Record Drawings Record Drawings 2 2-9 Surveying Survey Records 3 4-1.4 Test of Materials List of Materials 4 4-1.5 Certification Certifications 5 6-1 Construction Schedule and

Commencement of Work Construction Schedule

6 6-8 Completion, Acceptance, and Warranty

Special Warranties

7 7-2.2 Labor Labor Compliance documentation 8 7-3 and 7-4 Liability and Workers’

Compensation Insurance Insurance documentation

9 7-5 Permits Permits 10 7-9 Protection and Restoration of Existing Improvements Traffic Sign and Curb Marking Inventory

11 9-2 Lump Sum Work Lump Sum Details 12 N/A Requirements Concrete Mix Designs

N/A N/A

General Public Convenience and Safety

Asphalt Concrete Mix Designs Traffic Control Plan

15 N/A Catalog Details / Manufacturer’s Specifications

16 N/A Shop Drawings 17 N/A Mock-ups 18 N/A Extra Supplies 19 N/A Instruction Manuals /

Control Charts

This table is not comprehensive: additional submittal items may be listed in other

Department of Public Works H-7 sections of the RFP, Division H, or will be identified by the City and required to be submitted as directed by the City during the course of the Project/Work.

2-5.3.1 General. Add the following:

Deliver submittals to the City’s Project Management Software. (Information provided in Appendix C – Web-based Project Management Software).

The Contractor shall not begin Work until the Engineer has approved relevant submittals in writing. The City will not make final payment before the Contractor delivers all required Work submittals.

Add the following subsection:

2-5.4 Record Drawings.

The Contractor shall keep one complete set of the Plans, reserved for use as record drawings, at the Work site at all times. The Contractor shall maintain on these drawings a currently updated record of all construction changes and variations from the Plans, including all underground and surface improvements installed in locations other than those indicated on the Plans. The Contractor shall enter the record information in red.

Where a Plan does not exist, the Contractor shall submit an accurate and detailed sketch.

The Contractor shall properly dimension and locate all changes and variations to the Plans.

The Contractor shall submit the record drawings to the Engineer prior to final acceptance of the Work.

2-9 SURVEYING.

2-9.1 Permanent Survey Markers.

Replace this subsection with the following:

The Contractor shall be responsible for the preservation and perpetuation of all existing monuments which control subdivisions, tracts, boundaries, or rights-of-way, or which provide survey control, including benchmarks, which will be disturbed by the Contractor’s activities.

After receiving the Notice to Proceed, the Contractor, using the services of a surveyor licensed in California, shall submit to the City preliminary Corner Records for those monuments that were found in the construction area. The Contractor will not be given authorization for any removals until the City’s Surveyor has accepted and approved the preliminary Corner Records.

Prior to removals, the Contractor shall request the City of Long Beach Surveyor to transfer to temporary bench marks the elevation for any benchmarks to be reset, and provide a brass disc for the City Surveyor to stamp. When the discs are stamped and returned to the Contractor, the Contractor shall construct the benchmarks at locations marked out by the City Surveyor.

The Contractor's surveyor shall set new ties for any monuments whose ties are disturbed, Department of Public Works H-8 and prepare preliminary Corner Records for the new ties.

After construction and before final payment, the Contractor's surveyor shall submit to the City for its review the preliminary Corner Records for any monuments replaced or constructed, or whose ties are reset. The City will not approve preliminary Corner Records showing “No Reference” unless the Contractor can demonstrate that a diligent effort was made to find a reference. After the City’s approval, the Contractor's surveyor shall file Corner Records for those monuments in the Office of the County Surveyor and shall provide the City with a copy of all Corner Records filed.

Payment for monument preservation and perpetuation by the Contractor shall be considered as included in the prices bid for the various items of Work, and the City will make no additional payment therefor.

2-9.2 Survey Service.

Replace this subsection with the following:

The Contractor shall set and maintain all stakes and marks necessary for the construction of the Work and perform any additional design surveys that may be required. Except for the survey control data provided on the plans, all calculations, surveying and measures required for setting and maintaining the necessary lines and grades shall be performed by the Contractor.

Surveys performed by the Contractor shall conform to the California Land Surveyor’s Act.

In accordance with the Act, “responsible charge” for surveying shall reside with a licensed land surveyor or a civil engineer qualified to practice land surveying in California.

The minimum standard of survey quality shall be that of similar surveys performed by the City of Long Beach.

The Contractor shall provide to the Engineer copies of all calculations, survey notes, and staking data when requested by the Engineer. The Engineer shall decide all questions which may arise as to the quality or acceptability of deliverables furnished and surveying performed for this Work, and the Engineer’s decision shall be final.

The Contractor shall verify layout information shown on the Plans before proceeding with layout of construction features.

The Contractor shall record deviations from the required lines and levels and shall advise the Engineer promptly upon detecting deviations exceeding indicated or recognized tolerances. Record deviations which are accepted (not corrected) shall be shown on the as-built record drawings. Before final acceptance of the Work, the Contractor shall provide to the Engineer all computations, survey notes, and other survey data used to accomplish the Work, which shall become the property of the City. Construction stakes shall be removed from the Work when no longer needed.

Payment for surveying by the Contractor shall be considered as included in the prices bid for the various items of Work, and the City will make no additional payment therefor.

2-10 AUTHORITY OF BOARD AND ENGINEER. Add the following:

The Engineer will interpret the meaning of the Plans and Specifications, and the Engineer's decision will be final.

Department of Public Works H-9

If there appears to be any error or discrepancy in or between the Plans and Specifications, the Contractor shall refer the matter to the Engineer for adjustment before proceeding with the Work. If the Contractor proceeds with the Work without referring the matter, the Contractor does so at its own risk and must bear any additional cost incurred as a result of failure to refer.

SECTION 3 – CHANGES IN WORK

3-2 CHANGES INITIATED BY THE AGENCY.

3-2.2 Contract Unit Prices.

3-2.2.1 General. Replace this subsection with the following:

If the Engineer orders a change in quantity of an item of Work, and the change does not involve a substantial change in character of the Work from that shown in the Plans or Specifications, the City will adjust the total payment to be made for the item of Work by multiplying the amount authorized and installed by the Contract Unit Price. This amount may be greater or less than the amount shown in the Bid.

If the total quantity of a Major Bid Item is changed, only changes within 25% of the quantity shown in the Bid, either more or less, will be adjusted at the Contract Unit Price. If the total quantity of a Major Bid Item is changed in excess of 25%, the adjustment in payment will be made per 3-2.4. The adjustment in payment will be made only for the quantity of the Major Bid Item that exceeds 25%, either increase or decrease.

3-2.2.2 Increases of More Than 25%. Replace this subsection with the following:

If the total quantity of a Major Bid Item is increased in excess of 25% more than the quantity shown in the Bid, and if the City and the Contractor cannot agree upon an adjustment in Contract Unit Price, the Work shall proceed according to 3-3, and as follows:

The costs determined for the item of Work shall not include fixed costs. Fixed costs shall be deemed to have been recovered by the Contractor through payment for 125% of the Bid quantity at the Contract Unit Price.

3-2.2.3 Decreases of More Than 25%. Replace this subsection with the following:

If the total quantity of a Major Bid Item is decreased in excess of 25 percent less than the quantity shown in the Bid, no adjustment in the Contract Unit Price will be made unless so requested in writing by the Contractor. If the Contractor so requests, the adjustment in payment will be made per 3-2.4. If no adjustment in Contract Unit Price can be agreed upon by the City and the Contractor, the Work shall proceed according to 3-3, and as follows:

In no case will payment be less than would be made for the actual quantity at the Contract Unit Price, nor more than would be made for 75 percent of the Bid quantity at the Contract Unit Price.

Department of Public Works H-10

3-3 EXTRA WORK.

3-3.2 Payment.

3-3.2.3 Markup.

3-3.2.3.1 Work by Contractor. Replace this subsection with the following:

The following percentages shall be added to the Contractor’s costs and shall constitute the markup for all overhead and profit:

Labor 20% Materials 15% Equipment Rentals 15%

One percent (1%) may also be added to the sum of costs and markups as compensation for the Contractor’s bond premium.

3-3.2.3.2 Work by Subcontractor. Replace this subsection with the following:

When a subcontractor performs all or any part of the extra work, the markups in 3-

3.2.3.1 shall be added to the subcontractor's actual cost of such work. The Contractor may add an additional markup of 10 percent of the first $5,000 of the subcontracted portion of the extra work and 5 percent on work added more than $5,000 of the subcontracted portion of work.

SECTION 4 – CONTROL OF MATERIALS

4-1 MATERIALS AND WORKMANSHIP

4-1.2 Protection of Work and Materials. Add the following:

The Contractor shall remove and replace materials damaged by the Contractor's operations at the Contractor's sole expense before the final inspection and acceptance.

4-1.3.2 Inspection of Materials Not Locally Produced. Add the following:

The City shall pay the cost of inspection required hereunder.

4-1.4 Test of Materials. Add the following:

The Contractor shall submit samples of materials, at the Contractor's sole expense, as the Engineer may require, 15 days in advance of being incorporated in the Work to a testing laboratory designated by the City.

Samples of materials to be tested shall be properly identified and shall establish exact nature and character of materials. The City may reject any material or part thereof that proves defective as a result of testing and requires satisfactory replacement.

4-1.6 Trade Names or Equals. Add the following:

Where a specific manufacturer is noted on the Plans or listed in the Specifications or other Contract Documents, unless otherwise noted, an "approved equal" item may be

Department of Public Works H-11 substituted.

If a Bidder desires to bid an "approved equal" item, the Bidder shall submit a request to do so to the Engineer in writing by the time Proposals are due, as shown in the RFP.

SECTION 5 – UTILITIES

5-1 LOCATION. Add the following:

The City has determined the locations of all known existing subsurface facilities from records and field investigations and these facilities are shown on substructure drawings, which are available for review in the Department of Public Works. However, the City does not guarantee the accuracy of the indicated locations or that all facilities are shown.

The Contractor shall request Underground Service Alert and conduct potholing at least two weeks prior to any other excavation. Any discrepancies between field conditions and the Plans and Specifications shall be submitted to the Engineer in writing for review.

The City may arrange for and conduct a preconstruction meeting between the Contractor, the Engineer, and the utility owners to discuss scheduling, coordination of any required utility relocations, and the protections of existing utilities. The Contractor shall attend any preconstruction meeting scheduled by the Agency and shall cooperate with all utility owners performing utility markings, relocation or installation work of the Project site.

5-3 REMOVALS. Add the following:

The Contractor shall remove interferences shown on the Plans, other than utilities, to clear construction by at least 12 inches.

5-4 RELOCATION. Add the following:

The Contractor shall perform work on utilities only when authorized by the utility’s owner and only using the services of firms pre-qualified by the owner.

Add the following subsection:

5-4.1 Resetting Vaults and Other Appurtenances.

Certain manholes, vaults, valve boxes or other appurtenances belonging to utility companies or others may need resetting to grade. The City does not guarantee that all such items are shown on the Plans, as it is the Contractor’s (or their licensed professional designer of record) responsibility to capture any such data and infrastructure during the survey and design phases of the Project/Work. The Contractor is not required to do the work of resetting such to grade, except sewer and storm drain manholes, Long Beach Gas & Oil Department and Long Beach Water Department valve boxes and meter boxes, and City-owned communications vaults; however, the Contractor shall notify the owners at least two weeks in advance of construction to give them opportunity to perform the necessary work in conjunction with Work performed by the Contractor.

5-7 UNKNOWN FACILITIES. Add the following section:

Department of Public Works H-12

If the Contractor encounters any unknown facility, or if any known facility's actual location is greatly different than the Plans indicate, the Contractor shall immediately notify the Engineer and not disturb the facility except in the presence of the Engineer.

5-8 FACILITIES REQUIRING SPECIAL PRECAUTIONS. Add the following section:

The Contractor's attention is directed to the existence of certain underground facilities that may require that Contractor take special precautions to protect the health, safety and welfare of workers and the public. Facilities requiring special precautions include but are not limited to: conductors of petroleum products, oxygen, chlorine, and toxic or flammable gases; natural gas in pipelines; underground electric supply system conductors or cables either directly buried or in duct or conduit which do not have concentric neutral conductors or other effectively grounded metal shields or sheaths; and underground electrical conductors with a potential-to-ground of more than 300 volts. The Contractor shall notify the Engineer at least 48 hours before performing any Work in the vicinity of such facilities.

If such facilities are not located on the Plans in both alignment and elevation, the Contractor shall perform no Work in the vicinity of these facilities until the owner, or its representative, has located the facility by potholing, probing, as-built plans or other means that will locate and identify the facility.

5-9 GENERAL REQUIREMENTS WHEN WORKING AROUND LONG BEACH

ENERGY RESOURCES (LBER) FACILITIES.

All excavations, whether in the public right of way, or on private property require a valid Dig Alert Ticket from Underground Service Alert of Southern California (USASC).

Excavators MUST contact USASC by dialing 811 at least 48 hours prior to any excavation work. LBER, and all other underground facility operators will locate and mark existing substructures at no charge in delineated areas.

The excavator shall immediately contact LBER Inspection upon damaging or exposing any LBER main or service. All active LBER facilities, including gas distribution mains & services, shall be protected in place by the excavator. Wrap damage of LBER mains or services will be repaired by LBER free of charge. Any other damage to LBER’s facilities will be repaired by LBER at the excavator’s expense. Any repair or relocation work required on LBER’s facilities can solely be performed by LBER and will be subject to LBER’s availability of resources.

Any exposed, active LBER main or service shall be supported at the excavator’s expense with an approved LBER method. Any active LBER main or service exposed for a duration longer than 5 days shall be protected from exposure to sunlight. The support design shall be submitted to LBER Engineering for approval prior to implementation.

A minimum 12” clearance around LBER’s facilities shall be maintained by the excavator when installing new pipelines or other structures near LBER facilities. The excavator shall notify LBER Inspection prior to backfilling around any active LBER main or service. The backfill material & method used by the excavator is subject to LBER Inspection’s review

Department of Public Works H-13

& approval.

LBER contacts: LBER Engineering/Inspection – (562) 570-2085

LBER 24-Hour Emergency Line – (562) 570-2140

SECTION 6 – PROSECUTION, PROGRESS,

AND ACCEPTANCE OF THE WORK

6-1 CONSTRUCTION SCHEDULE AND COMMENCEMENT OF WORK.

Replace the entire subsection with the following:

6-1.1 Construction Schedule.

6-1.1.1 Terms and Definitions. The following terms and their respective definitions are in addition to those specified in 1-2.

As-Built Schedule – The final updated Construction Schedule that reflects actual construction progress throughout the entire duration of the Project.

Baseline Schedule – The original Construction Schedule used as the basis for measuring construction progress and Contract performance.

Constraint – A requirement that restricts or dictates the Construction Schedule.

Construction Schedule – The schedule of construction activities that reflects the means and methods, planned sequencing, duration, and Milestone dates for the completion and acceptance of the Work. Types include the Baseline Schedule, Weekly Schedule Update, Monthly Schedule Update, and the As-Built Schedule.

Critical Path – The sequence of activities shown on the Construction Schedule which adds up to the longest overall duration.

Data Date – The latest date through which the activities shown on the Construction Schedule have been updated.

Milestone – A schedule activity that has zero duration and which graphically represents the start or finish of a portion of the Work.

Monthly Schedule Update – An updated Construction Schedule submitted every month that compares actual construction progress versus the progress planned on the Baseline Schedule.

Total Float - the maximum amount of time an activity can be delayed from its early start without delaying the completion of the Work. Float shall be an expiring resource

Department of Public Works H-14 available to both the Contractor and the Agency. Float shall not be for the exclusive use or benefit of either the Agency or the Contractor.

Weekly Schedule Update – An updated Construction Schedule submitted every week that reflects the status of construction activities from the past week and also includes construction activities scheduled in detail for the following 2 weeks.

6-1.1.2 General. Construction schedules shall conform to the following requirements:

a) The Construction Schedule shall be prepared using the latest version of Primavera "Suretrak", Microsoft "Project Professional", Primavera "Project Planner (P6)", or Agency-approved equal.

b) The Construction Schedule shall be prepared using the Critical Path Method (CPM) illustrating the chronological relationship and sequence of work activities.

Activities on the Critical Path shall be clearly delineated.

c) Work activities shall include the following:

i) Scope/Work items shall be subdivided into those portions to be constructed during each stage or phase of construction, or portions which do not exceed 20 Working Days, whichever is less, and correlate to the final Schedule of Values and any other industry standard methods.

ii) Each activity shall be identified with its corresponding scope/work item number(s).

iii) Each submittal, and the corresponding Agency review period, shall be shown as an individual activity.

iv) Submittals which must be accepted prior to issuance of the NTP shall be identified.

v) The procurement of construction materials and equipment shall be identified and shown as individual activities.

vi) Work to be performed by subcontractors shall be identified and shown as individual activities.

vii) NTP requirements shall be shown as individual activities.

d) Start and completion dates of each work activity shall be illustrated.

e) The Construction Schedule shall commence on the date of issuance of the NTP and end on the date of fulfillment of all of the requirements in the Contract Documents.

Department of Public Works H-15

f) Change Orders, including number, description, approval date, and duration shall be shown as individual activities.

g) The schedule shall reflect the following Constraints:

i) Utility relocations per 5-4.

ii) Schedule impacts due to the protection, removal, or relocation of utilities per 5-1.

Sequencing and phasing of work shall be clearly outlined to provide for reasonable time to respond to utility marking requests.

iii) The Sequence of Work per 6-2.3

iv) Temporary traffic control requirements

v) The Time of Completion per 6-7. A Baseline Schedule submitted showing completion earlier or later than the time of completion specified will not be accepted.

h) The schedule activities shall include the following information:

i) Activity ID

ii) Scope/Work Item No(s).

iii) Activity Name

iv) Original Duration

v) Actual Duration

vi) Start Date

vii) Finish Date

viii) Actual Start Date

ix) Actual Finish Date

x) Total Float

6-1.1.3 Submittals.

a) Baseline Schedule.

Within 10 Days of issuance of the NTP, the Contractor shall submit a Baseline

Department of Public Works H-16

Schedule for review and acceptance by the Engineer in accordance with 2-5.3 and 6-1.1.3.

The Baseline Schedule submittal shall include a portable document file (pdf) and a program file, accessible using the latest version of Primavera "Suretrak", Microsoft "Project Professional", Primavera “Project Planner (P6)”, or Agency-approved equal. The schedule may be emailed to the Engineer.

b) Weekly Schedule Updates During Biweekly Meetings.

During the bi-weekly on-site management meetings, the Contractor shall submit Weekly Schedule Updates using the same software used to prepare the Baseline Schedule. The schedule updates will be used to manage, coordinate, and schedule all upcoming Contract activities. These detailed schedules may be submi t ted in bar char t fo rmat and shall reflect the logic and sequence used for the accepted Baseline Schedule. The Weekly Schedule Update shall include the following:

i) Status of the construction activities of the past week, scheduled vs. actual.

ii) An explanation for deviations from planned activities, together with actions taken or planned to recover lost time, if applicable.

iii) Two-week "look-ahead" Schedule detailing all work activities p l a n n e d f o r the next 2 weeks, including all work to be performed by others.

Activities included in the Baseline Schedule shall be further broken down into detailed activities, by specific task, by specific area, at the crew level or lower.

c) As-Built Schedule. Within 7 Days after completion of the Work per 6-8, the

Contractor shall prepare and submit an As-Built Construction Schedule using the same software used to prepare the Baseline Schedule. The Engineer will not submit the f i n a l progress payment for processing until the s c h e d u l e has been submitted. The schedule may be emailed to the Engineer.

The As-Built Schedule shall reflect the actual progress of the Work from the date of issuance of the NTP through the date of completion. Should the As-Built Schedule not reflect the actual start and finish dates of all work activities, the schedule will be returned to the Contractor for revision and re-submittal.

The schedule shall be submitted with a written certificate signed by the Contractor’s Authorized Representative stating:

“To my knowledge and belief, the enclosed As-Built Schedule reflects the actual start and finish dates of the actual work activities for the Contract contained herein.”

6-1.1.4 Payment.

Payment for preparation of Schedule shall be considered as included in the prices for the various items of Work, and the City will make no additional payment therefor.

Department of Public Works H-17

No separate or additional payment will be made for preparation of each Bi-weekly Schedule Update, or any other schedules indicated in Division H.

6-1.2 Commencement of Work. Add the following:

The Contractor shall commence work on the date to be specified in a written "Notice to Proceed" from the City and complete all Work within the time stated in RFP. The Contractor shall begin the procurement of materials within 5 working days after approval by the Engineer of shop drawings and submittals relating to equipment and materials.

The time of completion shall not include the 30 days required for the maintenance and plant establishment period as specified in Section 308-6,"Maintenance and Plant Establishment," of the Standard Specifications for Public Works Construction (i.e. the Greenbook).

Notice to Procure - After the award of the contract and approval of shop drawings, the City will issue to the Contractor a written "Notice to Procure" for all long lead items necessary to construct the Work. Within 5 working days after receipt of this Notice, the Contractor shall place orders for long lead items. Within the same 5 days, the Contractor shall submit copies of the orders to the City, along with the manufacturer's estimated delivery dates.

As soon as the Contractor receives notification of delivery of the equipment and materials, the Contractor shall notify the City and submit a construction schedule or update a previously submitted schedule.

The Contractor shall submit a written proposed construction schedule to the Engineer at the preconstruction conference required in Subsection 6-1.3. The Contractor shall submit updated construction schedules weekly.

6-1.3 Preconstruction Conference.

Prior to the commencement of Work and after execution of the Contract, the City will contact the Contractor to participate and arrange for a preconstruction conference with all interested parties.

6-1.4 Notices.

The Contractor shall give advance notice, shown below, to the proper office prior to the time each of the following operations is to be commenced. The Contractor shall be responsible for verifying that all phone numbers indicated below are correct and active.

Operation Office Phone Advance Notice

Start of Work

Inspection Section (562) 570-5160 2 working days

Department of Public Works H-18

Operation Office Phone Advance Notice Shutdown of work or resumption of work after shutdown

Layout & Stakes

Closing of Streets

L.B. Police Department* L.B. Fire Department*

(562) 570-7241

(562) 591-7631

24 hours

Traffic Striping and Signs

Inspection Section (562) 570-5160 3 working days

Traffic Signals & Loop Detectors

Inspection Section (562) 570-5160 3 working days

Bus Stops

Long Beach Public Transportation Company*

(562) 808-8801 1 week

Tree Pruning

*Notify the Inspection Section before notifying these offices.

The Contractor shall notify the owners of all utilities at least 48 hours before any excavation or work adjacent to utility structures. The utility companies listed below can be contacted as indicated.

1. Underground Service Alert (USA/SC) Telephone: 1-800-227-2600

2. Long Beach Utilities (Gas, Water, Sewer and Storm Drain Facilities)

Telephone: (562) 570-5700

3. City of Long Beach Gas and Oil Department or USA/SC Chuck Querido Telephone: (562) 570-2036

4. Southern California Edison Company or USA/SC Telephone: 1-800-655-4555

5. Frontier Communications Neil Aliberti Telephone: (714) 375-6705

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6. City of Long Beach Public Service Bureau Public Works, Traffic Operations

Telephone: (562) 570-3263

7. All other utilities:

City of Long Beach, Bureau of Engineering Telephone: (562) 570-5160

6-1.5 Construction Update Meetings. The Agency will schedule and conduct weekly meetings for the purposes of construction management as well as assessing the status of the informal partnership. The weekly meetings will have a set agenda, including, but not limited to, a report and discussion of the status of the following:

a) Weekly Detailed Schedule per 6-1.1

b) Quality assurance/quality control

c) BMPs/SWPPP Compliance

d) Site operations, including coordination of work by others

e) Community/public relations

f) Change Orders

g) Submittals

h) RFI’s

6-2 PROSECUTION OF THE WORK.

6-2.3 Sequence of Work. Add the following:

The Contractor’s construction schedule and sequence of work shall conform to the

a) The first order of construction work shall be any construction work specified as such in 6-1.2 or on the Plans.

b) The surface course of pavement shall be scheduled to follow completion of parkway improvements throughout the length of the Project unless otherwise approved in writing by the Engineer.

c) Unless otherwise directed by the Engineer, all parkway improvements behind any curb and gutter shall be completed immediately following completion of a continuous pour of curb and gutter. This requirement shall not be interpreted to prohibit the Contractor from performing concurrent work.

6-6 DELAYS AND EXTENSIONS OF TIME.

6-6.5 Weather Delays. Add the following:

An extension of time, without compensation, may be granted at the request of the Contractor for up to ten (10) calendar days due to unusually severe weather. The Contractor shall include approved weather days in their schedule revisions.

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6-7 TIME OF COMPLETION. Add the following subsections:

6-7.4 Additional Requirements. Add the following:

The Contractor shall perform no Work on days other than Working Days or outside of normal working hours (defined as the hours between 7:00 a.m. to 4:00 p.m.) without the consent of the Engineer, unless otherwise specified. In any event, all Work shall be subject to approval of the Engineer, and subject to the requirements of the Construction Noise Regulations pursuant to Long Beach Municipal Code §8.80.130 and §8.80.202 (for additional information, see Information Bulletin IB-027 on the Community Development Department website: https://www.longbeach.gov/globalassets/lbcd/media-library/documents/building--safety/information-bulletins/ib-027). Before starting such work, the Contractor shall make arrangements with the Engineer for the continuous or periodic inspection of the work and tests of materials, when necessary.

If the Contractor requests permission to work outside of the above time periods and if the City grants such request, the Contractor shall pay all extra expense to the City for inspection and other incidental expenses caused by such overtime work, including obtaining weekend inspections and noise permits. If the City requests the Contractor to work overtime or if overtime work is specifically required by the Contract Documents, the City will pay all extra expense of inspection and additional noise permits as required.

Additionally, if the Contractor finds it necessary, in order to complete the work according to schedule, to perform certain of its operations outside of Working Days or normal working hours, these operations shall be performed as part of the Work included in the awarded Contract Price and shall not constitute a basis for additional payments.

If the City requests the Contractor to work overtime or if overtime work is specifically required by the Contract Documents, the City will pay all extra expense of inspection and additional noise permits as required.

6-8 COMPLETION, ACCEPTANCE, AND WARRANTY.

Upon acceptance by the Engineer, the Engineer will file a Notice of Completion with Los Angeles County Recorder. The date the Notice of Completion is filed will be the date of acceptance of the Work and the date the Contractor is relieved from responsibility to protect the Work.

The acceptance of the Work or the payment of any money by the City shall not operate as a waiver of any provision of the Contract, or of any power reserved to the City, or of any right to damages or indemnity provided in the Contract. The waiver of any breach of the Contract, or any default hereunder, shall not be held to be a waiver of any other or subsequent breach or default.

The Contractor shall guarantee all Work against failure due to defective materials and faulty workmanship for a period of 1 year after the date of acceptance of the Work by the City, unless some longer period is expressly set forth in any manufacturer's warranty or within the Contract Documents.

https://www.longbeach.gov/globalassets/lbcd/media-library/documents/building--safety/information-bulletins/ib-027 https://www.longbeach.gov/globalassets/lbcd/media-library/documents/building--safety/information-bulletins/ib-027

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When the City discovers defective material or workmanship that requires repair or replacement under guarantee, the Contractor shall furnish all necessary labor, materials, and equipment to correct and make good, at no expense to the City, all such defects. The Contractor shall commence repair or replacement within 24 hours after receiving written notice from the Engineer, and diligently and continuously perform the Work until the repair or replacement is completed and the City has accepted it.

6-9 LIQUIDATED DAMAGES. Add the following:

The City will assess liquidated damages at the rate of $2,800 per calendar day that the Contractor exceeds the specified time of completion.

6-11 CLAIMS RESOLUTION. Add the following subsection:

6-11.1 Compliance with Mandatory Procedures. Contractor’s use of the claims resolution process available in Public Contract Code Section 9204 (as set forth below in Section 6-11.2) shall not satisfy or otherwise excuse Contractor’s compliance with the mandatory notice and claim presentation procedures pursuant to Chapter 5 (commencing with Section 930) of Part 3 of Division 3.6 of Title 1 of the California Government Code.

6-11.2 Public Contract Code Section 9204.

Section 9204 is added to the Public Contract Code, to read:

The Legislature finds and declares that it is in the best interests of the state and its citizens to ensure that all construction business performed on a public works project in the state that is complete and not in dispute is paid in full and in a timely manner.

Notwithstanding any other law, including, but not limited to, Article 7.1 (commencing with Section 10240) of Chapter 1 of Part 2, Chapter 10 (commencing with Section 19100) of Part 2, and Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3, this section shall apply to any claim by a Contractor in connection with a public works project.

For purposes of this section:

1. “Claim” means a separate demand by a contractor sent by registered mail or certified mail with return receipt requested, for one or more of the following:

(a) A time extension, including, without limitation, for relief from damages or penalties for delay assessed by a public entity under a contract for a public works project.

(b) Payment by the public entity of money or damages arising from work done by, or on behalf of, the contractor pursuant to the contract for a public works project and payment for which is not otherwise expressly provided or to which the claimant is not otherwise entitled.

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(c) Payment of an amount that is disputed by the public entity.

2. “Contractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who has entered into a direct contract with a public entity for a public works project.

3. “Public entity” means, without limitation, except as provided in subparagraph 4.

below, a state agency, department, office, division, bureau, board, or commission, the California State University, the University of California, a city, including a charter city, county, including a charter county, city and county, including a charter city and county, district, special district, public authority, political subdivision, public corporation, or nonprofit transit corporation wholly owned by a public agency and formed to carry out the purposes of the public agency.

4. “Public entity” shall not include the following:

(a) The Department of Water Resources as to any project under the jurisdiction of that department.

(b) The Department of Transportation as to any project under the jurisdiction of that department.

(c) The Department of Parks and Recreation as to any project under the jurisdiction of that department.

(d) The Department of Corrections and Rehabilitation with respect to any project under its jurisdiction pursuant to Chapter 11 (commencing with Section 7000) of Title 7 of Part 3 of the Penal Code.

(e) The Military Department as to any project under the jurisdiction of that department.

(f) The Department of General Services as to all other projects.

(g) The High-Speed Rail Authority.

5. “Public works project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind.

6. “Subcontractor” means any type of contractor within the meaning of Chapter 9 (commencing with Section 7000) of Division 3 of the Business and Professions Code who either is in direct contract with a contractor or is a lower tier subcontractor.

Upon receipt of a claim pursuant to this section, the public entity to which the claim applies shall conduct a reasonable review of the claim and, within a period not to exceed 45 days, shall provide the claimant a written statement identifying what portion of the claim is

Department of Public Works H-23 disputed and what portion is undisputed. Upon receipt of a claim, a public entity and a contractor may, by mutual agreement, extend the time period provided in this subdivision.

The claimant shall furnish reasonable documentation to support the claim.

If the public entity needs approval from its governing body to provide the claimant a written statement identifying the disputed portion and the undisputed portion of the claim, and the governing body does not meet within the 45 days or within the mutually agreed to extension of time following receipt of a claim sent by registered mail or certified mail, return receipt requested, the public entity shall have up to three days following the next duly publicly noticed meeting of the governing body after the 45-day period, or extension, expires to provide the claimant a written statement identifying the disputed portion and the undisputed portion.

Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement. If the public entity fails to issue a written statement, paragraph 3, below, shall apply.

1. If the claimant disputes the public entity’s written response, or if the public entity fails to respond to a claim issued pursuant to this section within the time prescribed, the claimant may demand in writing an informal conference to meet and confer for settlement of the issues in dispute. Upon receipt of a demand in writing sent by registered mail or certified mail, return receipt requested, the public entity shall schedule a meet and confer conference within 30 days for settlement of the dispute.

2. Within 10 business days following the conclusion of the meet and confer conference, if the claim or any portion of the claim remains in dispute, the public entity shall provide the claimant a written statement identifying the portion of the claim that remains in dispute and the portion that is undisputed.

Any payment due on an undisputed portion of the claim shall be processed and made within 60 days after the public entity issues its written statement.

Any disputed portion of the claim, as identified by the contractor in writing, shall be submitted to nonbinding mediation, with the public entity and the claimant sharing the associated costs equally. The public entity and claimant shall mutually agree to a mediator within 10 business days after the disputed portion of the claim has been identified in writing. If the parties cannot agree upon a mediator, each party shall select a mediator and those mediators shall select a qualified neutral third party to mediate with regard to the disputed portion of the claim. Each party shall bear the fees and costs charged by its respective mediator in connection with the selection of the neutral mediator. If mediation is unsuccessful, the parts of the claim remaining in dispute shall be subject to applicable procedures outside this section.

For purposes of this section, mediation includes any nonbinding process, including, but not limited to, neutral evaluation or a dispute review board, in which an independent third party or board assists the parties in dispute

Department of Public Works H-24 resolution through negotiation or by issuance of an evaluation. Any mediation utilized shall conform to the timeframes in this section.

Unless otherwise agreed to by the public entity and the contractor in writing, the mediation conducted pursuant to this section shall excuse any further obligation under Section 20104.4 to mediate after litigation has been commenced.

This section does not preclude a public entity from requiring arbitration of disputes under private arbitration or the Public Works Contract Arbitration Program, if mediation under this section does not resolve the parties’ dispute.

3. Failure by the public entity to respond to a claim from a contractor within the time periods described in this subdivision or to otherwise meet the time requirements of this section shall result in the claim being deemed rejected in its entirety. A claim that is denied by reason of the public entity’s failure to have responded to a claim, or its failure to otherwise meet the time requirements of this section, shall not constitute an adverse finding with regard to the merits of the claim or the responsibility or qualifications of the claimant.

4. Amounts not paid in a timely manner as required by this section shall bear interest at 7 percent per annum.

5. If a subcontractor or a lower tier subcontractor lacks legal standing to assert a claim against a public entity because privity of contract does not exist, the contractor may present to the public entity a claim on behalf of a subcontractor or lower tier subcontractor. A subcontractor may request in writing, either on his or her own behalf or on behalf of a lower tier subcontractor, that the contractor present a claim for work which was performed by the subcontractor or by a lower tier subcontractor on behalf of the subcontractor. The subcontractor requesting that the claim be presented to the public entity shall furnish reasonable documentation to support the claim.