Modjeska_Grade_Road_General_Conditions.pdf

MODJESKA GRADE ROAD, ROAD AND DRAINAGE IMPROVEMENTS Page 1

SUPPLEMENTAL GENERAL CONDITIONS

3/2026

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SUPPLEMENTAL GENERAL CONDITIONS

1. “DEFINITIONS”

ADD to the “DEFINITIONS” Section of the General Conditions the following.

This Contract includes the following Standard Plans, Standard Specifications and Reference Specifications which are incorporated herein by reference and made part hereof the OC Public Works Standard Plans & Specifications as though fully set forth:

1. “Standard Specifications for Public Works Construction (Greenbook), 2024,” (SSPWC) including all subsequent supplements thereto, as written and promulgated by the Public Works Standards, Inc. and as published by BNi Building News, except Part 1 (all) “General Provisions”, Sections 214 “Traffic Striping, Curb and Pavement Markings, and Pavement Markers”, 314 “Traffic Striping, Curb and Pavement Markings, and Pavement Markers” and Part 7 (all) “Street Lighting and Traffic Signal Systems”.

2. The following listed portions of the “Standard Specifications, 2024 Editions: and “Standard Plans, 2024 Edition” (and all standard specifications and plans referenced therein), as published by the State of California, Department of Transportation (Caltrans):

a. Standard Specification Sections: 9, 10-1.02B, 10-1.02D, 12, 19, 42, 45–60, 61–67, 70, 72, 75, 81-84, 89-91 and 95-96, and as referenced in the Plans and Special Provisions.

b. Standard Plan Numbers: A10A-A10H, A20A-A20D, A24A-A24E, A40B, A62A- A62G, A63A-A63B, A73A-A73C, A76A-A76L, A77L-A77V, A78A-A78K, A81A-A81C, A88B, A90A-A90B, D78A-D78C, D79, D79A, D80-D86C, T1-T5, T10-T17, B Sheets (all), RS Sheets (all), S82-S86, S89, S93-S95 and ES Sheets (all), and as referenced in the Plans and Special Provisions.

3. The “California Manual on Uniform Traffic Control Devices (CA MUTCD), 2014

Edition,” including all subsequent supplements/revisions thereto. This manual may be downloaded by accessing the following Department of Transportation, State of California, website:

https://dot.ca.gov/programs/safety-programs/camutcd

2. “PROTECTION”

ADD to the “PROTECTION” Subsection of the “PERFORMANCE” Section of the General Conditions the following.

2.1. SAFETY

2.1.1. WORK SITE SAFETY

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The CONTRACTOR shall provide safety measures as necessary to protect the public and workers within, or in the vicinity of, the Work site. The CONTRACT shall ensure that its operations will not create safety hazards.

The CONTRACTOR shall provide safety equipment, material, and assistance to OWNER personnel so that they may properly inspect all phases of the Work.

When asbestos is being removed, the requirements of the CCR Title 8, Div. 1, Chapter 4, Subchapter 4 and Subchapter 7 “General Industry Safety Orders” shall be implemented.

The CONTRACTOR shall designate in writing a "Project Safety Official" who shall be at the Work site at all times, and who shall be thoroughly familiar with the CONTRACTOR’s Injury and Illness Prevention Program (IIPP) and Code of Safe Practices. The Project Safety Official shall be available at all times to abate any potential safety hazards and shall have the authority and responsibility to shut down an unsafe operation, if necessary.

2.1.2. SAFETY ORDERS

The CONTRACTOR shall have at the Work site, copies or suitable extracts of CCR Title 8, Subchapter 4 “Construction Safety Orders” Subchapter 20 “Tunnel Safety Orders”, and Subchapter 7 “General Industry Safety Orders” Prior to beginning any excavation 5 feet in depth or greater, the CONTRACTOR shall submit to the ENGINEER, the name of the "Competent Person" as defined in CCR, Title 8, Section 1504, “Definitions” in accordance with Standard Specifications Section 3-8, “Submittals”. The "Competent Person" shall be present at the Work site as required by Cal-OSHA.

Before excavating any trench 5 feet or more in depth, the CONTRACTOR shall submit in accordance with Standard Specifications Section 3-8, “Submittals” a detailed Working Drawing (shoring plan) showing the design of the shoring, bracing, sloping, or other provisions used for the workers; protection. If the shoring plan varies from the shoring system standards, the shoring plan shall be prepared by a registered Structural or Civil Engineer. The shoring plan shall accommodate existing underground utilities. No excavation shall start until the ENGINEER has accepted the shoring plan and the CONTRACTOR has obtained a permit from the State Division of Industrial Safety. A copy of this permit shall be submitted to the Engineer in accordance with Standard Specifications Section 3-8, “Submittals”. If the CONTRACTOR fails to submit a shoring plan or fails to comply with an accepted shoring plan, the CONTRACTOR shall suspend work at the affected location(s). Such suspended work shall not be the basis of a claim for Extra Work and the CONTRACTOR shall not receive additional compensation or Contract time.

Payment for shoring shall be included in the Bid item provided therefore. Payment for compliance with the provisions of the safety orders and all other laws, ordinances, and regulations shall be included in the various Bid items.

2.1.3. USE OF EXPLOSIVES

Explosives may be used only when authorized in writing by the ENGINEER.

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Explosives shall be handled, used, and stored in accordance with CCR Title 8, Div 1 Chapter 4 Subchapter 4 “Construction Safety Orders” and all applicable regulations. Prior to blasting, the CONTRACTOR shall comply with the following requirements:

a) The jurisdictional law enforcement agency shall be notified 24 hours in advance of blasting.

b) The jurisdictional fire department shall be notified 24 hours in advance of blasting.

c) Blasting activities and schedule milestones shall be included in the CONTRACTOR’s construction schedule.

For a Private Contract, specific permission shall be obtained from the OWNER in writing, prior to any blasting operations in addition to the above requirements.

The ENGINEER’s approval of the use of explosives shall not relieve the CONTRACTOR from liability for claims caused by blasting operations.

2.1.4. HAZARDOUS SUBSTANCES

A Safety Data Sheet (SDS) as described in CCR, Title 8, Section 5194, shall be maintained at the Work site for all hazardous material used by the CONTRACTOR.

Material usage shall be accomplished with strict adherence to California Division of Industrial Safety requirements and all manufacturer warnings and application instructions listed on the Material Safety Data Sheet (MSDS) and on the product container label.

The CONTRACTOR shall notify the ENGINEER if a specified product cannot be used under safe conditions.

2.1.5. CONFINED SPACES

The CONTRACTOR shall be responsible for implementing, administering and maintaining a Confined Space Entry Program (CSEP) in accordance with CCR, Title 8, Sections 5156, 5157 and 5158.

Prior to the start of the Work, the CONTRACTOR shall prepare and submit a CSEP in accordance with the “CONTRACTOR’s SUBMITTALS” Subsection of the General Conditions. The CSEP shall address all potential physical and environmental hazards and contain procedures for safe entry into confined spaces such as the following:

a) Training of personnel.

b) Purging and cleaning the space of materials and residue.

c) Potential isolation and control of energy and material inflow.

d) Controlled access to the space.

e) Atmospheric testing of the space.

f) Ventilation of the space.

g) Special hazards consideration.

h) Personal protective equipment.

i) Rescue plan provisions.

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The submittal shall include the names of the CONTRACTOR’S personnel, including each Subcontractor’s personnel, assigned to the Work that will have CSEP responsibilities, their CSEP training, and their specific assignment and responsibility in carrying out the CSEP.

Entry into permit-required confined spaces as defined in CCR, Title 8, Section 5157 may be required as part of the Work. Manholes, tanks, vaults, pipelines, excavations, or other enclosed or partially enclosed spaces shall be considered permit-required confined spaces until the pre-entry procedures demonstrate otherwise. The CONTRACTOR shall implement a permit-required CSEP prior to performing any work in a permit-required confined space. A copy of the permit shall be available at all times for review by both the CONTRACTOR and the ENGINEER at the Work site.

Payment for the CSEP shall be included in the Bid items for which the CSEP is required.

2.1.6. SECURITY & PROTECTIVE DEVICES

Security and protective devices shall consist of fencing, steel plates, or other devices as specified in these Special Provisions to protect open excavations.

The CONTRACTOR shall completely fence open excavations. Security fencing shall conform to Standard Specifications Section 304-5, “Security Fencing”. Security fencing shall remain in place unless workers are present and construction operations are in progress during which time the CONTRACTOR shall provide equivalent security.

The CONTRACTOR shall provide steel plate covers as necessary to protect from accidental entry into openings, trenches, and excavations. Steel plate covers shall conform to Section 5-7.8 “Steel Plate Covers” of the Standard Specifications. Surfaces exposed to pedestrian or vehicular traffic shall be non-skid.

Payment for security and protective devices shall be included in the various Bid items for which security and protective devices are required.

3. “FUGITIVE DUST EMISSION CONTROL”

DELETE the “FUGITIVE DUST EMISSION CONTROL” Subsection of “PERFORMANCE” Section of the General Conditions in its entirety. Refer to the “DUST CONTROL” Section of the Special Provisions: Construction Details for additional details and requirements.

4. “REGULATORY COMPLIANCE REQUIREMENTS”

DELETE the “REGULATORY COMPLIANCE REQUIREMENTS” Subsection of the “PERFORMANCE” Section of the General Conditions in its entirety. REPLACE with the “REGULATORY COMPLIANCE & PERMIT REQUIREMENTS” Section below.

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5. REGULATORY COMPLIANCE & PERMIT REQUIREMENTS

5.1. GENERAL PERMITS, LICENSES AND AGREEMENTS

The CONTRACTOR shall be responsible for identifying and obtaining all permits and licenses required for this project. Cost and fees associated with said permits regardless of whether obtained by the OWNER, City or by CONTRACTOR, shall be borne solely by the CONTRACTOR.

The CONTRACTOR shall comply with all rules and regulations included in said permits and licenses. Should the CONTRACTOR fail to conform to said rules and regulations, the OWNER reserves the right to perform the work necessary to conform to the rules and regulations. The cost of such work will be deducted from any funds to become due to the CONTRACTOR.

It is noted that multiple permits are required from the various regulatory agencies.

CONTRACTOR is to abide by and follow the requirements of all such permits.

The Project is located within the California Regional Water Quality Board, Santa Ana and San Diego Regions.

5.2. CONSTRUCTION RELATED DEWATERING & DE MINIMUS

DISCHARGES

5.2.1. SANTA ANA REGION

The County has been issued Municipal NPDES Permit No. CAS618030, Order No. R8-2009-0030, from the California Regional Water Quality Control Board, Santa Ana Region. Section III.3.ii. of this permit authorizes de minimus types of discharges listed in the Santa Ana Regional Board’s General De Minimus Permit for Discharges to Surface Waters, Order No. R8-2009-0003, from OWNER owned and/or operated facilities and activities (including construction), outside of the Newport Bay watershed.

A copy of the OWNER’s Municipal NPDES Permit (Order No. R8-2009-0030) may be found on the internet at:

https://www.waterboards.ca.gov/rwqcb8/board_decisions/adopted_orders/orders/2009/09_030_ oc_ms4_as_amended_by_10_062.pdf

A copy of the Santa Ana Regional Board’s General De Minimus Permit for Discharges to Surface Waters (Order No. R8-2020-0006) may be found on the internet at:

https://www.waterboards.ca.gov/santaana/board_decisions/adopted_orders/orders/2020/R8- 2020-0006.pdf

For de minimus discharges outside of the Newport Bay Watershed, the CONTRACTOR is hereby directed to read and thoroughly comply with the language in Section III.3.ii. of the OWNER’s Municipal NPDES Permit (Order No. R8-2009-0030) and to consult the General DeMinimus Permit (Order No. R8-2020-0006) for the types of de minimus discharges which are covered.

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5.2.2. SAN DIEGO REGION

On March 12, 2008, the San Diego Regional Board adopted Order No. R9-2008-0002, General Waste Discharge Requirements and NPDES Permit for discharges from groundwater extraction waste to surface waters within the San Diego Region except for San Diego Bay.

A copy of this document may be found on the internet at:

http://www.waterboards.ca.gov/sandiego/board_decisions/adopted_orders/2008/2008_0002.pdf

The CONTRACTOR is hereby directed to read it thoroughly and comply with the requirements as specified therein.

The CONTRACTOR is hereby notified that the permit is subject to a ninety (90) day lead time notification. The County will undertake all effluent monitoring, sampling, and reporting to the California Regional Water Quality Control Board, San Diego Region as required by the permit.

The CONTRACTOR shall coordinate with the ENGINEER for the submittal of the permit application, including: the Notice of Intent; Initial Sampling and Monitoring Report; groundwater dewatering extraction system plans and sampling, monitoring, & treatment strategies to comply with the permit requirements, and payment of all permit fees. The CONTRACTOR shall comply with all requests from the OWNER for construction and location of sampling stations; construction of settling/stilling basins; and any other mitigation measures required to conform to the permit.

5.3. NPDES MS4 PERMIT REQUIREMENTS

The OWNER is subject to two Municipal National Pollutant Discharge Elimination System (NPDES) Permits which authorize the discharge of stormwater from its municipal separate storm sewer system (MS4). The MS4 Permits are issued by the Santa Ana and San Diego Regional Water Quality Control Boards. They both require the OWNER to prepare and update a Stormwater Program Local Implementation Plan (LIP) which details how compliance with requirements of the MS4 Permits will be maintained.

The CONTRACTOR is directed to read thoroughly and comply with all requirements of Section A-8, Construction, of the County’s LIP. A copy of Section A-8 of the LIP may be found on the internet at:

http://ocwatersheds.com/documents/damp/lip

The CONTRACTOR is responsible for complying with all locally enforced water quality related codes and ordinances. It should be noted there may be multiple cities with jurisdiction over public right of way within the project limits and it is the CONTRACTOR’s responsibility to make sure that activities related to the PROJECT do not cause violations of local laws.

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5.4. NPDES CONSTRUCTION GENERAL PERMIT (CGP) REQUIREMENTS

The State Water Resources Control Board adopted the Construction Stormwater General Permit (CGP) (Order No. 2022-0057-DWQ) on September 8, 2022, which regulates land disturbance of 1 acre or greater within the State of California. All dischargers subject to this general order are required to obtain coverage.

A copy of this permit and related documents/attachments may be found on the internet at:

https://www.waterboards.ca.gov/water_issues/programs/stormwater/construction/general_permi t_reissuance.html

The CONTRACTOR is hereby directed to read and understand all the requirements of this Permit as they relate to this PROJECT.

The OWNER has been issued Municipal NPDES Permit No. CAS618030, Order No. R8-2009- 0030, from the California Regional Water Quality Control Board, Santa Ana Region as described above. Section XV, “Municipal Construction Projects/Activities,” of the Municipal Permit describes specific compliance with the latest version of the State’s CGP within the Santa Ana Region.

Prior to commencing work, the CONTRACTOR shall submit the required PRDs (Permit Registration Documents) to the ENGINEER. If any of the required items are missing, the PRD submittal is considered incomplete and will be rejected. Upon receipt and acceptance of a complete PRD submittal, the ENGINEER will electronically submit these documents through the Stormwater Multi-Application, Reporting and Tracking System (SMARTS) to the State Water Resources Control Board (SWRCB) to obtain coverage under the CGP.

5.4.1. REPORTING

The CONTRACTOR shall be responsible for providing all reports required by the CGP (monitoring, inspection, Rain Event Action Plans, annual reports, etc.) to the ENGINEER for review. Time sensitive reports involving monitoring data shall be provided as soon as the information is made available. All other reports shall be provided to the ENGINEER a minimum of two weeks prior to their deadline for submittal to the SWRCB through SMARTS.

CONTRACTOR shall refer to the “REGULATORY COMPLIANCE REQUIREMENTS” Subsection of the General Conditions, the “REGULATORY COMPLIANCE & PERMIT REQUIREMENTS” Section of the Supplemental General Conditions, and the “STORM WATER POLLUTION PREVENTION PLAN (SWPPP)” Section of the Special Provisions: Construction Details for all SWPPP requirements.

5.5. SANTA ANA/SAN DIEGO REGIONAL WATER QUALITY CONTROL

BOARD (SECTION 401 CERTIFICATION)

It has been determined that the proposed PROJECT does not require water quality certification under Section 401 of the Federal Clean Water Act.

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5.6. PROPERTY, ENCROACHMENT AND OTHER PERMITS/APPROVALS

The OWNER has obtained Temporary Right of Entry Permits for construction of proposed improvements at Driveway Nos. 2, 4, and 10. A copy of the agreements will be provided by the OWNER. The CONTRACTOR shall comply with the requirements of these agreements.

5.7. PAYMENT

All compensation for complying with the conditions and requirements of the various permits for the PROJECT shall be as specified above and in the:

1. “REGULATORY COMPLIANCE & PERMIT REQUIREMENTS” Section of the Supplemental General Conditions;

2. “PERMIT REQUIREMENTS” Section of the Special Provisions: Construction Details;

3. “STORM WATER POLLUTION PREVENT PLAN (SWPPP)” Section of the Special

Provisions: Construction Details;

and no additional compensation will be allowed therefor.

6. COOPERATION

When necessary, the CONTRACTOR shall so conduct its operations as to permit access to the Work site and provide time for utility work to be accomplished during the progress of the Work.

The CONTRACTOR shall cooperate with all private property owners affected by the PROJECT, notifying them at least 24 hours before commencement of any work on/or adjacent to their property. The CONTRACTOR shall confirm with OWNER that applicable rights have been obtained when work will occur on private property.

The CONTRACTOR shall be responsible for ascertaining the nature and extent of any simultaneous, collateral, and essential work by others. The OWNER, its workers and contractors and others, shall have the right to operate within or adjacent to the Work site during the performance of such work.

The OWNER, the CONTRACTOR and each of such workers, contractors and others, shall coordinate their operations and cooperate to minimize interference.

Should the CONTRACTOR be delayed by the OWNER, and such delay could not have been reasonably foreseen or prevented by the CONTRACTOR, the ENGINEER will determine the extent of the delay, the effect on the Work, and any extension of time.

The CONTRACTOR's attention is directed to the "Identification of Utility Disposition" Section of the Special Provisions: Construction Details. Several utilities will be performing work concurrent with work on this PROJECT.

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The CONTRACTOR shall include in its Bid all costs involved as a result of coordinating its work with others. The CONTRACTOR will not be entitled to additional compensation from the OWNER for damages resulting from such simultaneous, collateral, and essential work. If necessary to avoid or minimize such damage or delay, the CONTRACTOR shall redeploy its work force to other parts of the Work. Full compensation for conforming to these added requirements shall be considered as included in the various items of work involved and no additional compensation will be allowed therefor.

7. CONSTRUCTION AREA

CONTRACTOR shall protect property and facilities adjacent to the construction area and all property and facilities within the construction area which are shown on the plans to be protected.

After project completion, the construction area shall be in a clean and presentable condition. All public and/or privately owned improvements and facilities shall be restored to their original condition and location. If improvements or facilities are damaged, they shall be replaced with new materials which are at least equal to the original materials.

Nothing herein shall be construed to entitle the CONTRACTOR to the exclusive use of any public street, way, or parking area during performance of the CONTRACT work. CONTRACTOR shall conduct its operations so as not to interfere with the authorized work of utility companies or other agencies in such streets, ways or parking areas.

The CONTRACTOR shall be responsible for investigating conditions of available public and private roads and of clearances, restrictions and other limitations affecting transportation and ingress and egress to the site of the work.

Use of equipment will be minimized during any Stage II or Stage III smog alerts. All equipment will meet emissions standards. CONTRACT specifications require dust control.

All proper public safety measures are to be used during construction, including barriers, flagmen and signing.

Equipment usage shall be limited to normal working hours, in accordance with the CONTRACT specifications. Equipment must conform with all applicable noise regulations.

The CONTRACTOR’s attention is directed to the Stage Construction Plans and “MAINTAIN TRAFFIC & DETOURS” section of the Special Provisions: Construction Details. Construction of the proposed improvements shall be performed in 5 stages as indicated in the plans to minimize impacts to access. Stages 1, 2, and 4 include full closure of segments of Modjeska Grade Road as shown on the plans over the duration of work in those stages. In Stages 3 and 5, roadway closures shall be limited to working hours only, and one travel lane shall remain open with flagger control during construction activities. Both travel lanes shall be open for traffic at the end of each day.

Staging closure location limits and order of completion of stages may be adjusted upon written request by the CONTRACTOR and approval by the ENGINEER a minimum of 7 days prior to the start of work for the affected stage(s). CONTRACTOR shall consider order of completion of drainage systems, including underground storm drains, surface ditches, and dike, and shall prevent

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CONTRACTOR’s attention is directed to horizontal clearances available for construction activities in Stages 3 and 5 while maintaining one open travel lane, as well as available vertical clearances where trees overhang the roadway. These conditions may impact equipment that may be used at these locations.

8. SOUND CONTROL REQUIREMENTS

The CONTRACTOR shall comply with all County of Orange and local sound control and noise level rules, regulations, and ordinances which apply to any work performed pursuant to the CONTRACT, and shall make every effort to control any undue noise resulting from the construction operation.

Each internal combustion engine used for any purpose on the job or related to the job shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said muffler.

Stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers. Construction haul routes shall be designed to avoid noise sensitive uses (e.g., residences), to the extent feasible.

The noise level from the CONTRACTOR's operations between the hours of 5 p.m. and 7 a.m. on weekdays, including Saturday, or at any time on Sunday or a Federal holiday, shall be in accordance with the County ordinance covering "Noise Control." This requirement in no way relieves the CONTRACTOR of responsibility for complying with local ordinances regulating noise level.

Said noise level requirement shall apply to all equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the CONTRACTOR. The use of loud sound signals shall be avoided in favor of light warnings, except those required by safety laws for the protection of personnel.

The property at 28102 Modjeska Grade Road frequently has horse(s) occupying a corral adjacent to the roadway. CONTRACTOR shall minimize noises and other disturbances to the horse(s) to the maximum extent practicable and coordinate with the property owner regarding planned work activities and possible relocation of the horse(s) by the property owner during work activities adjacent to the corral.

9. WATER CONSERVATION

The CONTRACTOR shall, whenever possible, minimize the use of water during project construction. Watering equipment shall be kept in good working order. Water leaks shall be repaired promptly. Washing of equipment, except when necessary for the safety or for the protection of equipment, shall be discouraged.

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Water curing of concrete improvements as specified in Standard Specifications Section 303-1.10, "Curing".), shall not be allowed unless specifically permitted by these Special Provisions or directed by the ENGINEER.

Nothing in this Subsection shall be construed as relieving the CONTRACTOR of furnishing sufficient water as required for the proper construction of this project in accordance with the Standard Specifications for Public Works Construction and these Special Provisions.

10. FLOW AND ACCEPTANCE OF WATER

It is anticipated that storm, well and pump discharge, surface and possible ground or other waters (WATERS) will be encountered at various times and locations during the work. Such WATERS may interfere with CONTRACTOR's operations and may cause damage to adjacent or down-stream private and/or public property by flooding, lateral erosion, sedimentation, or pollution if not properly controlled by the CONTRACTOR. The CONTRACTOR, by submitting a bid, assumes all of said risk and the CONTRACTOR acknowledges that its bid was prepared accordingly.

In addition, by entering into this CONTRACT, the CONTRACTOR, his subcontractors, and material suppliers acknowledge that there are inherent risks to their workmen, equipment, materials, supplies, and other personal property by conducting work in and around OWNER facilities from WATERS; that damages and injuries to his workmen, completed and partially completed PROJECT works, construction site water quality features/BMPs, equipment, materials, supplies, and other property could occur at any given time, especially if occupying the PROJECT site or conducting work during the storm season (October 15th to April 15th); and that OWNER is not responsible or liable for the CONTRACTOR’s, subcontractor’s, and/or material supplier’s damages caused by WATERS.

The CONTRACTOR by submitting a bid assumes all of said risk, responsibility, and liability at no additional cost to the OWNER. The CONTRACTOR shall repair/rebuild/replace any damages or losses to PROJECT (while CONTRACTOR is in possession of PROJECT) at no additional cost to the OWNER beyond his original bid (and all extra work approved prior to the time of damage by WATERS). The CONTRACTOR acknowledges that he/she considered and included these issues and risks in his submitted bid for the PROJECT.

The CONTRACTOR shall conduct its operations in such a manner WATERS may proceed without diversion or obstruction along existing street and drainage courses. Equipment, materials, and supplies shall not be placed or stockpiled in any way that may create an obstruction to WATERS. Drainage of WATERS from existing or proposed storm drains and catch basins shall be maintained at all times. Diversion of WATERS for short reaches in order to protect construction in progress will be permitted if public and/or private properties are not damaged or, in the opinion of the ENGINEER, are not subject to the probability of damage. CONTRACTOR shall at no cost to OWNER obtain written permission from the appropriate public agency and/or property owner before any diversion of WATERS will be permitted by the ENGINEER.

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By entering into an CONTRACT with the OWNER, the CONTRACTOR acknowledges that the ENGINEER’s permission and/or approval shall in no way relieve the CONTRACTOR from his responsibility and/or liability, for protecting at all times, adjacent and downstream properties, including the PROJECT site, from damages due to temporary: stream bank/channel alterations;

excavation and/or fill; channelization; flow diversions; check dams, sediment, groundwater, water quality basins, and/or other impoundments not shown on the Plans but chosen and implemented by the CONTRACTOR, at his option, as his means and methods of constructing the PROJECT.

During the course of controlling WATERS, the CONTRACTOR shall conduct construction operations to protect WATERS from being polluted with concrete, grout, mortar or concrete washout, chemicals, sediment, fuels, oils, bitumen and other asphalt derivatives, or other harmful materials, and shall be responsible for removing said materials in the event protective measures are not effective.

Construction site shall be maintained in such a condition that an anticipated storm does not carry sediment, wastes, or pollutants off site.

Discharges of material other than stormwater are allowed only when necessary for performance and completion of construction practices and where they do not: cause or contribute to a violation of any water quality standard; cause or threaten to cause pollution, contamination, or nuisance; or contain a hazardous substance in a quantity reportable under Federal Regulations 40 CFR Parts 117 and 302, or any other law or applicable regulation.

Potential pollutants include but are not limited to: sediment, vehicle/equipment fuels, oil or other petroleum products, paint or other coating materials, lubricants, and hydraulic, radiator or battery fluids; vehicle/equipment wash water and concrete mix wash water; concrete, cement, asphalt, detergent or floatable wastes; wastes from any engine/equipment steam cleaning or chemical degreasing; solid or liquid chemical spills; wastes from sealants, limes, and solvents; and super-chlorinated potable water line flushings.

Vehicle maintenance, staging and storing equipment, materials, fuels, lubricants, solvents, and other possible contaminants shall be a minimum of 50 feet from surface waters. Any necessary equipment washing shall occur where the water cannot flow into surface waters.

Construction equipment shall not be operated in flowing water. Equipment used in and around surface waters shall be in good working order and free of dripping or leaking contaminants.

During construction, disposal of such materials shall occur in a specified and controlled temporary area on-site, physically separated from potential storm water run-off, with ultimate disposal in accordance with local, state, and federal requirements.

11. SURVEYING SERVICES

CONTRACTOR shall be made aware that OWNER has a work schedule with limited surveying services available on Friday, and that surveying services cannot be guaranteed on all Fridays.

CONTRACTOR is required to keep OWNER informed in advance of his schedule to assure surveying services are available for construction of Project as described in the "SURVEYING"

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Subsection of the “PERFORMANCE” Section of the General Conditions. CONTRACTOR shall submit a formal written request for surveying services to OWNER no less than forty eight (48) hours in advance of his need for such services. Failure by CONTRACTOR to submit a written request in a timely manner may not guarantee that such services will be available when required, and surveying services cannot be guaranteed on Friday regardless.

The CONTRACTOR is to make every effort to avoid disturbing or destroying Survey Control Points set by the County of Orange Survey Crews (OC Survey). If destruction of a Control Point is unavoidable, CONTRACTOR is required to contact the OWNER at least 48 hours in advance.

This will enable OC Survey crews to assess the relevance of said Control Point and

1. Allow its destruction; or

2. Allow OC Survey time to relocate said Control Point and not affect the project schedule.

If this procedure is not followed, the cost for replacing or relocating or re-setting of dislocated Survey Control Points as specified in these General Provisions and as deemed necessary by the OWNER or OWNER Surveyor. Is considered included in various items of work involved and no additional compensation will be allowed therefor.

CONTRACTOR‘s attention is directed to Section 8771 (b) of the Business and Professions Code and submittal of appropriate documents (Corner Record or Record of Survey) with the County Surveyor’s office for review and approval.

CONTRACTOR shall, to the satisfaction of the ENGINEER, lay out the work from the plans and shall establish all benchmarks, monuments, lines and levels necessary for the construction covered by this contract unless otherwise specified herein. The CONTRACTOR shall employ a qualified land surveyor registered in the State of California, to lay out the work and to verify the lines and elevations as the work progresses. All dimensions shall be checked against existing conditions and discrepancies reported immediately to the ENGINEER. CONTRACTOR shall be responsible for establishment of basic layout of entire area to the satisfaction of the ENGINEER prior to beginning any major portion of grading for construction. Any discrepancies arising from the preliminary layout shall be resolved prior to construction. During the progress of construction, the CONTRACTOR shall provide surveying services as necessary, or upon request of the ENGINEER, to assure that the construction complies with the plans and specifications.

The COUNTY will furnish the basic control for alignment and grades consisting of the following:

1. Initial establishment of project centerline or baseline.

2. Establishment of the reference benchmarks indicated on the plans.

While the ENGINEER may, at their discretion, check the CONTRACTOR's surveying work at any time, checking by COUNTY survey parties may be limited to checking finished product being within the tolerances given in other sections of the specifications. CONTRACTOR shall furnish the ENGINEER with copies of original field notes, computations, and other records during progress of the work.

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The cost of all surveying, to the lines and grades shown on the plans, shall be considered as included in the various items of work and no separate payment will be allowed therefor.

12. INSPECTION SERVICES

Work shall be done only in the presence of the ENGINEER, unless otherwise approved. Any work done without proper inspection will be subject to rejection. The ENGINEER and any authorized representatives shall at all times have access to the Work during its construction at shops and yards and while in storage, as well as to the Work site. The CONTRACTOR shall provide every reasonable facility for ascertaining that the materials and workmanship conform to the Contract Documents. Inspection of the Work shall not relieve the CONTRACTOR of the obligation to fulfill all conditions of the CONTRACT.

The work is subject to inspection and approval by the ENGINEER. CONTRACTOR shall be made aware that the OWNER has a work schedule with limited inspection services available on Friday. The CONTRACTOR is required to keep the ENGINEER informed in advance of his schedule so as to assure inspection is available for on-site work that will be performed by the CONTRACTOR, or off-site work, such as material sampling and testing, which may or may not be performed by the CONTRACTOR.

The CONTRACTOR shall notify the ENGINEER before noon of the working day before inspection is required, except for inspection on Friday. Requests for inspection on Friday shall be made by 4:00 p.m. on the preceding Wednesday.

13. MEASUREMENT AND COMPENSATION

Compensation for items of work not specifically identified in these Special Provisions shall include all labor, materials, tools, equipment, safety measures, transportation and supervision required to complete the work to grades and dimensions shown on the plans or staked in the field. There shall be no compensation except for the bid items specified in the Proposal. The cost of all work shown in the plans and specifications but not specifically identified as a bid item or described within a bid item shall be included in related bid items, and no additional compensation shall become due the CONTRACTOR by nature of compliance with the plans and specifications except as provided in the “CHANGES" Section of the General Conditions.

14. PAYMENTS

Attention is directed to the "PAYMENTS" Section of the General Conditions. The amount set forth for the CONTRACT items of work hereinafter listed shall be deemed to be the maximum value of said CONTRACT items of work which will be recognized for progress payment purposes:

Mobilization _$_2,321,000_________ Clearing and Grubbing $ 80,000

Dispute Resolution Board (DRB) - 6&7 _$_ 60,000_________ _$_2,461,000__________

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After acceptance of the Work pursuant to the "ACCEPTANCE" Section of the General Conditions, the amount, if any, payable for a CONTRACT item of work in excess of the maximum value for progress payment purposes hereinabove listed for said item, will be included for payment in the first estimate made after acceptance of the Work. Work shall be as defined under the “SCOPE OF WORK” Section in the CONTRACT and the Special Provisions.

No payment will be made to the CONTRACTOR for any materials on hand which are furnished but not incorporated into the work.

Upon satisfactory completion of the work, the ENGINEER shall file a Notice of Completion for acceptance of the work. Said Notice shall be filed and recorded in the records of the County Recorder.

Thirty-five (35) days after the recording of the Notice of Completion or within sixty (60) days after the Date of Completion in accordance with Public Contract Code Section 7107, the CONTRACTOR shall be entitled to the balance due for completion and acceptance of the work, provided all claims for labor and materials have been paid, and no claim shall have been filed with the OWNER based upon acts or omissions of the CONTRACTOR and no liens or withhold notices shall have been filed against said work or the property on which the work was done. If there is a dispute between the OWNER and CONTRACTOR, OWNER may retain up to 150% of the estimated value of the disputed amount from the final payment in accordance with Section 7107 of the Public Contract Code.

Section 7107 of the Public Contracts Code defines Completion as any of the following:

1. The occupation, beneficial use, and enjoyment of a work of improvement, excluding any operation only for testing, startup, or commissioning, by the OWNER, or its agent, accompanied by cessation of labor on the work of improvement.

2. The acceptance by the OWNER, or its agent, of the work of improvement.

3. After the commencement of a work of improvement, a cessation of labor on the work of improvement for a continuous period of 100 days or more, due to factors beyond the control of the CONTRACTOR.

4. After commencement of a work of improvement, a cessation of labor on the work of improvement for a continuous period of 30 days or more, if the OWNER files or record a notice of cessation or a notice of completion.

15. AFFIRMATIVE ACTION FOR WORKERS WITH DISABILITIES

CONTRACTOR shall abide by the following clause and shall include same in all contracts with subcontractors:

The CONTRACTOR shall not discriminate against any employee or applicant for employment because of a disability in regard to any position for which the employee or applicant for employment is qualified. The recipient or CONTRACTOR agrees to take Affirmative Action to employ, advance in employment, and otherwise treat qualified individuals with disabilities

MODJESKA GRADE ROAD, ROAD AND DRAINAGE IMPROVEMENTS Page 18 without discrimination in all employment practices such as the following: employment, upgrading, demotion, layoff or termination, rate of pay or other forms of compensation, and selection for training, including apprenticeship.

16. CULTURAL/SCIENTIFIC RESOURCE FINDS

There are no known cultural/scientific resources at the site. If the CONTRACTOR's operations uncover or CONTRACTOR's employees find any burial grounds or remains, ceremonial objects, petroglyphs, and archaeological or paleontological or other artifacts of like nature within the construction area, CONTRACTOR shall immediately notify the ENGINEER of CONTRACTOR's findings and shall modify construction operations so as not to disturb the findings and the area within a 50-foot radius of the findings, pending receipt of notification as to determination of the final disposition of such finding from the ENGINEER.

Should the findings, or notification as to disposition of findings, result in delays or extra work, additional time and/or extra work payment will be allowed as provided for in the “CHANGES” Section of the General Provisions.

Any findings of a cultural/scientific resource nature shall remain the property of the OWNER and not become the property of the person or persons making the discovery.

17. WORKING DAYS

Attention for definition of “working day” is directed to the "DEFINITIONS" Section of the General Conditions.

18. FINAL PAY QUANTITIES

When an item of work is designated as "Final Quantity" (F) in the "Notice Inviting Bids" and "Bid Form" Sections of these Special Provisions, the estimated quantity for that item of work shall be the final pay quantity, unless the dimensions of any portion of that item are revised by the ENGINEER, or the item or any portion of the item is eliminated. If the dimensions of any portion of the item are revised, and the revisions result in an increase or decrease in the estimated quantity of that item of work, the final pay quantity for the item will be revised in the amount represented by the changes in the dimensions.” If a final pay item is eliminated, the estimated quantity for the item will be eliminated. If a portion of a final pay item is eliminated, the final pay quantity will be revised in the amount represented by the eliminated portion of the item of work.

The estimated quantity for each item of work designated as "Final Quantity" (F) in the "Notice Inviting Bids" and "Bid Form" Sections of these Special Provisions shall be considered as approximate only, and no guarantee is made that the quantity which can be determined by computations, based on the details and dimensions shown on the plans, will equal the estimated quantity. No allowance will be made in the event that the quantity based on computations does not equal the estimated quantity.

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In case of discrepancy between the quantity shown in the “Notice Inviting Bids” and “Bid Form” Sections of these Special Provisions for a final pay item and the quantity or summation of quantities for the same item shown on the plans, payment will be based on the quantity shown in the “Notice Inviting Bids” and “Bid Form” Sections of these Special provisions.

19. FEDERAL LABOR STANDARDS INFORMATION

This project requires compliance with the labor standards promulgated by the United States Secretary of Labor as specified in the Special Provision: Federal Section of these specifications.

The CONTRACTOR's attention is directed to some important provisions of Special Provision:

Federal that shall be accomplished by the CONTRACTOR. The provisions are as follows:

1. Pay not less than the prevailing wages outlined in the CONTRACT and these Special Provisions, including time and one-half to those employees who worked over eight hours per day or forty hours per week on the project.

2. Pay all employees at least once a week.

3. Post the applicable wage determinations on the job site so that employees may verify their rates of pay.

4. Submit weekly payroll records and a statement of compliance to the contracting government, and keep these records for three years from the date of completion of the contract.

5. Make the provisions of the Special Provision: Federal Section a part of all subcontractor contracts.

20. SOIL CONDITIONS

The CONTRACTOR's attention is directed to the diagram entitled "Log of Test Borings" in the Geotechnical Report in the Special Provisions. These diagrams are records of the data obtained by the OWNER and represent the character of material encountered at the test boring sites. These diagrams are included only for the convenience of the bidders. There is no guarantee, either expressed or implied, that the conditions indicated are representative of those actually existing throughout the project, or any part of it, or that unforeseen developments may not occur.

The diagrams were accompanied by a report which is included for study by prospective bidders and the CONTRACTOR in the Special Provisions. The plotted locations shown on the plans are locations estimated in the field.

The Geotechnical Report(s) and test borings log shall not be construed to be a waiver of the CONTRACTOR's obligation to inspect the soil conditions before submitting a bid. By submitting a bid, the CONTRACTOR acknowledges satisfaction as to the quality of the geotechnical information, including but not restricted to the conditions affecting handling and storage of materials, disposal of excess material, and level and amount of groundwater.

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21. UNFORESEEN DIFFICULTIES

The CONTRACTOR shall promptly notify the ENGINEER of any work site conditions per the “CHANGED CONDITIONS” Subsection of the “CONDITIONS AFFECTING THE WORK” Section of the General Conditions, in writing, upon their discovery and identification, and before they are disturbed. All loss or damage arising out of the nature of the work to be accomplished under the CONTRACT, or from any unforeseen obstructions or difficulties which may be encountered during the progress of the work and in the prosecution of the same, or from the action of elements, or from encumbrances on the line of work, shall be sustained by the CONTRACTOR for failure to notify the ENGINEER per the “CHANGED CONDITIONS” Subsection of the “CONDITIONS AFFECTING THE WORK” Section of the General Conditions and these Special Provisions.

22. PROVISIONS FOR EMERGENCIES

Unusual conditions may arise during the work which requires that immediate and unusual provisions be made to protect the public from danger, loss or prosecution of the work. It is part of the service required of the CONTRACTOR to make such provisions and to furnish such protection.

The CONTRACTOR shall take such steps and precautions as his operations make necessary in order to protect the public from danger, damage, or loss of life or property which would result from the interruption or contamination of public water supply, irrigation, or other public service, or from the failure of partly complete work.

Whenever, in the opinion of the ENGINEER an emergency exists against which the CONTRACTOR has not taken adequate precautions for public safety or for protection of utilities, adjacent structures or property which may be injured by process of construction on account of such neglect and immediate action is necessary in order to protect public, private, personal or property interest, or prevent likely loss of human life or damage on account of the Work, then the ENGINEER may provide suitable protection to said interests by causing such work to be done and material to be furnished which the ENGINEER deems reasonable and necessary.

The cost of said repairs, including labor and materials, as may be deemed necessary by the ENGINEER shall be borne by the CONTRACTOR. If the CONTRACTOR does not pay said cost and expenses upon presentation of the bills therefor, duly certified by the ENGINEER, said cost and expense will be paid by the COUNTY and shall be deducted from any amounts due, or which may become due to the CONTRACTOR. Failure of the COUNTY however, to take such precautionary measures shall not relieve the CONTRACTOR of his full responsibility for public safety.

23. FIRE PREVENTION PLAN

Job Safety Analysis CONTRACTOR shall conduct a Job Safety Analysis (JSA) to identify potential hazards to mitigate the hazards associated with wildfires. This includes identifying tasks which involve the use of heavy equipment and/or tools which generate heat and/or a spark, storage and use of combustible liquids, and implementing controls to mitigate hazards.

MODJESKA GRADE ROAD, ROAD AND DRAINAGE…