SECTION 4.BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES
51.12DAMAGE CLAIMS
51.13COMPENSATION ADJUSTMENTS FOR PRICE INDEX FLUCTUATIONS
51.14AREAS FOR CONTRACTOR'S USE
51.15PAYMENTS
51.16PROJECT INFORMATION
SECTION 6.(BLANK)
SECTION 7.(BLANK)
SECTION 8.MATERIALS
SECTION 8-1.MISCELLANEOUS
81.01SUBSTITUTION OF NONMETRIC MATERIALS AND PRODUCTS
81.02PREQUALIFIED AND TESTED SIGNING AND DELINEATION MATERIALS
81.03ENGINEERING FABRICS
SECTION 8-2.CONCRETE
82.01PORTLAND CEMENT CONCRETE
82.02FREEZING CONDITION REQUIREMENTS
SECTION 9.(BLANK)
SECTION 9.
SECTION 10.CONSTRUCTION DETAILS
SECTION 10-1.GENERAL
101.01ORDER OF WORK
101.02WATER POLLUTION CONTROL
RETENTION OF FUNDS
WATER POLLUTION CONTROL PROGRAM PREPARATION, APPROVAL AND AMENDMENTS
COST BREAK-DOWN
WPCP IMPLEMENTATION
MAINTENANCE
REPORTING REQUIREMENTS
PAYMENT
101.03OBSTRUCTIONS
101.04CONSTRUCTION AREA TRAFFIC CONTROL DEVICES
101.05CONSTRUCTION AREA SIGNS
101.06MAINTAINING TRAFFIC
101.07CLOSURE REQUIREMENTS AND CONDITIONS
CLOSURE SCHEDULE
CONTINGENCY PLAN
LATE REOPENING OF CLOSURES
COMPENSATION
101.08TRAFFIC CONTROL SYSTEM FOR LANE CLOSURE
STATIONARY LANE CLOSURE
MOVING LANE CLOSURE
PAYMENT
101.09TEMPORARY PAVEMENT DELINEATION
GENERAL
TEMPORARY LANELINE AND CENTERLINE DELINEATION
101.10PORTABLE CHANGEABLE MESSAGE SIGN
101.11TEMPORARY CRASH CUSHION MODULE
101.12EXISTING HIGHWAY FACILITIES
REMOVE PAVEMENT MARKER
REMOVE PAVEMENT MARKING
COLD PLANE ASPHALT CONCRETE PAVEMENT
101.13SHOULDER BACKING
101.14SEAL COAT
MATERIALS
CONSTRUCTION
FLUSH COAT
MEASUREMENT AND PAYMENT
101.15ASPHALT-RUBBER SEAL COAT
101.16MODIFIED BINDER SEAL COAT
101.17ASPHALT CONCRETE
101.18Fiberglass polyester paving mat
Measurement and Payment
101.19LIME TREATED AGGREGATES
MATERIALS
PROPORTIONING
MIXING AND STORAGE
PRODUCTION DATA COLLECTION
CONTRACTOR QUALITY CONTROL
PAYMENT
101.20REPLACE ASPHALT CONCRETE SURFACING
101.21RUBBERIZED ASPHALT CONCRETE (TYPEG)
101.22FURNISH SIGN
SHEET ALUMINUM
RETROREFLECTIVE SHEETING
PROCESS COLOR AND FILM
single sheet aluminum Sign
FIBERGLASS REINFORCED PLASTIC PANEL SIGN
101.23MARKERS AND DELINEATORS
101.24THERMOPLASTIC Pavement Marking (RECESSED)
101.25PAINT TRAFFIC STRIPE
101.26PAVEMENT MARKERS
SECTION 11. (BLANK)
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Use when it is desirable to provide the Contractor an optional "delayed start" such as when numerous specialty types of projects are to be advertised during a short time period, AND there are only a limited number of contractors licensed to do such types of work.
This delayed start option provides the Contractor the opportunity to spread the work out over a longer time period so the Contractor can make more efficient use of labor force and equipment; usually resulting in lower costs to the State.
SECTION 4.BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES
Attention is directed to the provisions in Section81.03, "Beginning of Work," in Section81.06, "Time of Completion," and in Section81.07, "Liquidated Damages," of the Standard Specifications and these special provisions.
2
The Contractor shall begin work within 3045 calendar days after the contract has been approved by the Attorney General or the attorney appointed and authorized to represent the Department of Transportation.
3
The work shall be diligently prosecuted to completion before the expiration of15WORKING DAYS beginning on the date that work begins or beginning on the thirtiethforty-fifthcalendar day after approval of the contract, whichever occurs first.
4
The Contractor shall pay to the State of California the sum of $8,900 per day, for each and every calendar day's delay in finishing the work in excess of 15WORKING DAYS.
5
The 72 hours advance notice before beginning work referred to in Section81.03, "Beginning of Work," of the Standard Specifications is changed to 5days advance notice for this project.
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Use in ALL seal coat projects when screenings will be applied.
51.12DAMAGE CLAIMS
Attention is directed to Section 7, "Legal Relations and Responsibility," of the Standard Specifications.
2
Provided the Contractor's operations and work comply with the plans and specifications, the Contractor's responsibility for payment of claims for physicaldamages caused by screenings or bituminous binder will be limited to no more than 10percent of the total contract bid price.
3
For each seal coat location within the project, only those claims for physical damages caused by screenings or bituminous binder that occurred within the period extending from the first day screenings were applied to the binder to 4 days following the last day screenings were applied to the binder, shall be considered for resolution.
4
Claims reported or submitted by the public directly to the Contractor within 30days from the last spreading of screenings on the project shall be processed and resolved by the Contractor in conformance with the following:
A.Within 3 working days after receipt of a claim from the public, the Contractor shall submit to the Department a copy of the claim together with a determination of whether or not the claim will be paid. If the claim is to be rejected, the Contractor shall explain in writing the basis for rejecting the claim.
B.If the claimant becomes dissatisfied with the Contractor's handling of their claim, the Contractor shall immediately refer the dissatisfied claimant to the local District Claims Office for assistance in resolving the claim.
C.Within 30days from the last spreading of screenings on the project, the Contractor shall submit evidence to the Department of those claims paid by the Contractor.
5
Claims presentedby the public directly to the Department or State Board of Control, as set forth in Government Code Section 900, et seq., will be processed and resolved by the Department in conformance with the following:
A.These claims will be processed as formal government claims against the State, subject to all applicable statutes, regulations, and departmental policies. The Department reserves the right to adjust and settle any formal government claim directly with the claimant, or it may refer the claim to the Contractor for investigation and disposition.
B.If the Department or State Board of Control approves settlement of a formal government claim or the Department is ordered to pay the claim pursuant to a court order, the claim will be paid by the Department from the funds retained.
C.Within 3working days of determination by the local District Claims Office that the Contractor is responsible for resolving the formal government claim, the local District Claims Office will either send a copy of the claim to the Contractor for handling and disposition, or notify the Contractor of the Department's decision to settle and pay the claim directly with the claimant.
6
Funds in an amount not to exceed 5 percent of the total contract bid price will be retained from the Contractor's payments. This retention by the Department will be for a maximum period of 60days after the last spreading of screenings on the project to allow the Department sufficient time to settle claims that remain unresolved by the Contractor. At the end of this 60day period, funds remaining in the retention, that are not allocated by the Department to pay unsettled claims, will be returned to the Contractor. This 5 percent retention shall be in addition to any retention provided for in Section 71.12A, "Indemnification," of the Standard Specifications, or any other deduction or retention specified elsewhere in the specifications.
7
If no retained funds remain, or if the retention has been returned to the Contractor, the Department may elect to pay a formal government claim from public funds. If the Department determines the Contractor is responsible for the claim, the Department will then seek reimbursement from the Contractor for any public funds used to pay the claim, subject to the 10percent limitation. The Department may use any legal remedy available to obtain reimbursement from the Contractor including administration of an offset as provided for in Section 12419.5 of the Government Code.
8
Except for the limitation of responsibility for damage claims specified above, nothing in this section shall be construed as decreasing the Contractor's obligation to defend and indemnify the State from all claims in conformance with the provisions of Section7, "Legal Relations and Responsibility," of the Standard Specifications.
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Use for projects advertised on or after January 23, 2006.
Use for asphalt concrete and/or asphalt concrete base and/or rubberized asphalt concrete and asphaltic emulsion (paint binder).
Use SSP S5-231 when an item is included for asphalt treated permeable base.
Use SSP S5-232 when an item is included for paving asphalt (binder-pavement reinforcing fabric).
Use SSP S5-233, SSP S5-234 or SSP S5-235 for seal coats and slurry seals.
In the Engineer's Estimate under Supplemental Work, provide funds in the amount of 0.15 x Qa x Ib. Qa is the estimated quantity of asphalt binder (equal to the asphalt percentage times the estimated tonnes of asphalt concrete) plus asphalt binder in asphalt concrete base (ACB) (equal to the asphalt percentage times estimated tonnes of ACB) plus asphaltic emulsion residue (equal to the asphaltic emulsion estimated tonnes x 0.57). Ib is the anticipated California Statewide Paving Asphalt Price Index for the month in which the bids for the project will be opened. (Note: The amount provided by this calculation may vary substantially from the amount actually needed since the change in asphalt prices cannot be predicted with accuracy.)
Use item code 066666, Compensation Adjustments for Price Index Fluctuations of Paving Asphalt.
List: Estimated asphalt percentage used in AC in calculation: ______
Estimated asphalt percentage used in ACB in calculation: ______
Estimated paving asphalt (Qa) used for Supplemental Work:______
Calif. Statewide Paving Asphalt price index month: ______
Calif. Statewide Paving Asphalt price index: ______
1*. Insert item code numbers and complete item descriptions for items containing paving asphalt. Delete 397001 "ASPHALTIC EMULSION (Paint Binder)" if no contract item for asphaltic emulsion (paint binder).
51.13COMPENSATION ADJUSTMENTS FOR PRICE INDEX FLUCTUATIONS
The provisions of this section shall apply only to the following contract items:
ITEM CODE / ITEM390126 / RUBBERIZED ASPHALT CONCRETE (TYPE G)
397001 / ASPHALTIC EMULSION (Paint Binder)
370120 / ASPHALT-RUBBER BINDER
3701224000A / ASPHALTMODIFIED BINDER (TYPE 2)
3744920125 / ASPHALTIC EMULSIONBINDER (Polymer Modified)
374002 / ASPHALTIC EMULSION (Fog Seal Coat)
393001A / FIBERGLASS POLYESTER PAVING MAT
374010 / ASPHALTIC EMULSION (Flush Coat)
375024 / SCREENINGS (Hot-Applied)
375024A / SCREENINGS (MEDIUM, Hot-Applied)
390095 / REPLACE ASPHALT CONCRETE SURFACING
390175 / ASPHALT CONCRETE (LEVELING)
2. If the project includes asphalt concrete base, add ", asphalt concrete base" after asphalt concrete. Delete "and asphaltic emulsion (paint binder)" if no contract item for asphaltic emulsion (paint binder).
The compensation payable for paving asphalt used in rubberized asphalt concrete, asphalt concrete,asphaltic emulsion (paint binder)asphalt rubber binder, modified binder, binder for fiberglass polyester paving mat, asphaltic emulsion and precoating for screenings will be increased or decreased in conformance with the provisions of this section for paving asphalt price fluctuations exceeding 10percent (Iu/Ib is greater than 1.10 or less than 0.90) which occur during performance of the work.
Delete Paras 3 and 4 if no contract item for asphaltic emulsion (paint binder).
3
The quantity of paving asphalt used in asphaltic emulsion (paint binder) will be determined by multiplying the item quantity for asphaltic emulsion (paint binder) included in a monthly estimate by the minimum percent residue specified in Section 94, "Asphaltic Emulsions," of the Standard Specifications. The asphaltic emulsion minimum percent residue will be based on the type of emulsion used by the Contractor.
4
At the Contractor's option, the Contractor may provide actual daily test results for paving asphalt residue for the asphaltic emulsion (paint binder)used. Test results provided by the Contractor shall be from an independent testing laboratory that participates in the AASHTO Proficiency Sample Program. The Contractor shall take samples of asphaltic emulsion from the distributor truck at mid-load from a sampling tap or thief. Two separate 2-liter samples shall be taken in the presence of the Engineer. The Contractor shall provide one sample to the Contractor's independent testing laboratory, with 24 hours of sampling. The second sample shall be given to the Engineer. The test results from the Contractor's independent testing laboratory shall be delivered to the Engineer within 10 days from sample date.
5
The Contractor shall provide a weight slip, certified by a weighmaster, for each load of asphalt concrete to be used for replace asphalt surfacing and binder for fiberglass polyester paving mat. The scales used to determine the weight will be considered “commercial devices” and shall be sealed by the Division of Measurement Standards or its authorized representative as often as the Engineer may deem necessary. The scales shall be operated by a weighmaster licensed in conformance with the requirements in the California Business and Professional Code, Division 5, Chapter 7.
6
The quantity of paving asphalt used in asphalt concrete will be calculated by the Engineer using the percentage of asphalt binder determined by the Engineer multiplied by the tonnes of asphalt concrete shown on certified load weight slips to be used for replace asphalt surfacing and binder for fiberglass polyester paving mat. Quantities of asphalt concrete wasted or disposed of will not be included in any adjustment of compensation.
7 Replace "0.7" used for asphalt rubber binder with "0.5" for asphalt binder (polymer modified)
The quantity of paving asphalt used in screenings (hot-applied) will be determined by multiplying the item quantity for screenings (hot-applied) included in a monthly estimate times the percentage determined by the Contractor (within the range of 0.7 to 1.0 percent).
8 Replace "(flush coat)" with "(fog seal coat)" when required. I am assuming this should reflect the item names that would be on the estimate
The adjustment in compensation will be determined in conformance with the following formulae when the item of rubberized asphalt concrete, asphalt concrete(leveling), replace asphalt concrete surfacing, fiberglass polyester paving mat,asphalt-rubber binder, modified binder, asphaltic emulsion (polymer modified), asphaltic emulsion (fog seal coat), screenings (hot-applied), or screenings (medium, hot-applied) is included in a monthly estimate:
A.Total monthly adjustment = AQ
B.For an increase in paving asphalt price index exceeding 10 percent:
A = 0.90 (1.1023) (Iu/Ib - 1.10) Ib
C.For a decrease in paving asphalt price index exceeding 10 percent:
A = 0.90 (1.1023) (Iu/Ib - 0.90) Ib
D.Where:
If asphalt concrete base is added in Para 2, add ", asphalt concrete base" after asphalt concrete. Delete "and asphaltic emulsion residue used as paint binder" if no contract item for asphaltic emulsion (paint binder).
A = Adjustment in dollars per tonne of paving asphalt used to produce rubberized asphalt concrete, asphalt concrete, and asphaltic emulsion residue used as paint binder in asphalt-rubber binder, modified binder, binder for fiberglass polyester paving mat, asphatic emulsion residue and precoating for screening rounded to the nearest $0.01.
Iu = The California Statewide Paving Asphalt Price Index which is in effect on the first business day of the month within the pay period in which the quantity subject to adjustment was included in the estimate.
Ib = The California Statewide Paving Asphalt Price Index for the month in which the bid opening for the project occurred.
If asphalt concrete base is added in Para 2, add "and asphalt concrete base" after asphalt concrete. Delete "plus the quantity in tonnes of paving asphalt that would have been used as residue in the asphaltic emulsion shown under 'This Estimate' on the monthly estimate" if no contract item for asphaltic emulsion (paint binder).I am assuming this should reflect the actual item names that would be on the estimate
Q = Quantity in tonnes of paving asphalt that was used in producing the quantity of rubberized asphalt concrete, asphalt concrete (leveling), replace asphalt concrete surfacing, fiberglass polyester paving matasphalt-rubber binder, modified binder, asphaltic emulsion (polymer modified), asphaltic emulsion (fog seal coat), screenings (hot-applied), or screenings (medium, hot-applied) shown under "This Estimate" on the monthly estimate using the amount of asphalt determined by the Engineer.
6
The adjustment in compensation will also be subject to the following:
A.The compensation adjustments provided herein will be shown separately on payment estimates. The Contractor shall be liable to the State for decreased compensation adjustments and the Department may deduct the amount thereof from moneys due or that may become due the Contractor.
B.Compensation adjustments made under this section will be taken into account in making adjustments in conformance with the provisions in Section 41.03B, "Increased or Decreased Quantities," of the Standard Specifications.
C.In the event of an overrun of contract time, adjustment in compensation for paving asphalt included in estimates during the overrun period will be determined using the California Statewide Paving Asphalt Price Index in effect on the first business day of the month within the pay period in which the overrun began.
7
The California Statewide Paving Asphalt Price Index is determined each month on the first business day of the month by the Department using the median of posted prices in effect as posted by Chevron, Mobil, and Unocal for the Buena Vista, Huntington Beach, Kern River, Long Beach, Midway Sunset, and Wilmington fields.
8
In the event that the companies discontinue posting their prices for a field, the Department will determine an index from the remaining posted prices. The Department reserves the right to include in the index determination the posted prices of additional fields.
9
The California Statewide Paving Asphalt Price Index is available on the Division of Engineering Services website at:
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Use when the District has determined that yard areas or plant sites are available for the project.
Refer to Highway Design Manual, Topic 112, "Contractor's Yard and Plant Sites," regarding guidelines to be used by the District in establishing Contractor's yard areas and plant sites.
51.14AREAS FOR CONTRACTOR'S USE
Attention is directed to the provisions in Section 71.19, "Rights in Land and Improvements," of the Standard Specifications and these special provisions.
2. When yard areas or plant sites are not available for exclusive use by the Contractor, use Paras 2, 3, & 4, as applicable, and delete remaining Paras.
The highway right of way shall be used only for purposes that are necessary to perform the required work. The Contractor shall not occupy the right of way, or allow others to occupy the right of way, for purposes which are not necessary to perform the required work.
3. When areas are available for exclusive use by the Contractor for yard areas and plant sites, delete Paras 3 & 4.