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MINUTES - 02102004 - C1-C5
''I'll-'..,.........I............................................................................................................................................................................ ......................................................................................................... Recording Requested By: CONTRA COSTA Co Recorder Office Contra Costa County Public Works Dept. STEPHEN L. WEIR41erk-Recorder Construction Division DOC— 200'4--0045445-00 255 Glacier Drive Wednesday, FEB 11, 2004 10:56:44 Martinez,CA 94553 FRE $0.00 Return to: Tt I Pd $0.00 Nbr-001979396 1rc/R9/1-1 PUBLIC WORKS DEPARTMENT BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, CALIFORNIA In the Matter of Accepting and Giving RESOLUTION OF ACCEPTANCE Notice of Completion of Contract for and NOTICE OF COMPLETION Olympic Boulevard Pedestrian Path (C.C. § 3086, 3093) Project No.0662-684208-03) RESOLUTION NO. 20041 62 The Board of Supervisors of Contra Costa County RESOLVES that: The County of Contra Costa on July 22, 2003 contracted with W.R. Forde Associates, for the construction of a pedestrian path along Olympic Boulevard from Pleasant Hill Road to Tice Valley Road in the Walnut Creek area, with American Casualty Company of Reading, PA, as surety, for work to be performed on the grounds of the County; and The Public Works Director reports that said work has been inspected and complies with the approved plans, special provisions and standard specifications and recommends its acceptance as complete as of January 9, 2004. Therefore, said work is ACCEPTED as completed on said date, and the Clerk shall file with the County Recorder a copy of this Resolution and Notice as a Notice of Completion for said contract. PASSED BY THE BOARD on February 10, 2004 by the following vote: AYES: SUPERVISORS GIOIA, UILKEM, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE CERTIFICATION AND VERIFICATION I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. Contact: Mike Carlson (925)313-2321 Orig. Dept.:Public Works(Const) ATTESTED: FEBRUARY 10, 2004 Recording to be completed by COB JOHN SWEETEN, Clerk of the Board of Supervisors and cc: Auditor County Administrator Public works- Accounting - Construction, P.Edwards - Env.,C. Sellgren - Traffic,J. Fahy By Deputy Contractor PE:tb G:\GrpData\ConshBO\2004\ACCEPTANCE-80-PWD-OlympicBlvdPedPath.doc RESOLUTION NO. 2004/ 62 1 TO: BOARD OF SUPERVISORS FROM: MA'URICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: February 10, 2004 SUBJECT: APPROVE the Plans and Specifications of the Oak Road Right Turn Lane and Signal Modifications project, and AUTHORIZE the Public Works Director, or designee, to advertise the project, Pleasant Hill BART area. [CP# 98-64] (Fully funded by Redevelopment Agency Funds.) (District IV) Project No. 0662-6R4126-03 Specific Request(s)or Recommendation(s)& Background s Justification 1. RECOMMENDED ACTION: APPROVE the Plans and Specifications for Oak Road Right Turn Lane and Signal Modifications Project and ADVERTISE for bids to be received on Tuesday, March 16, 2004 at 21.00 p.m. DIRECT the Clerk of the Board to publish the Notice to Contractors in accordance with Section 22037 of the Public Contract Code. Continued on Attachment: � SIGNATURE: 1'1�6410621- i,,�ECOMMENDATION OF COUNTY ADMINISTRATOR REPRMMENDATION OF BOARD COMMITTEE . OVE _ OTHER i SIGNATURE(S).\ ACTION OF BgAR ON FEBRUARY 10, 2004 APPROVED AS RECOMMENDED xx OTHER I hereby certify that this is a true and correct copy of an VOTE OF SUPERVISORS action taken and entered on the minutes of the Board of xx UNANIMOUS(ABSENT NONE } Supervisors on the date shown. AYES. NOES: ABSENT: ABSTAIN: ATTESTED: FEBRUARY 10, 2004 CS:ga JOHN SWEETEN,Clerk of Board of Supervisors and G:\GrpData\Des3gn\80A.RD ORDERSVO04\Oak Road Right Turn Lane&Signal County Administrator Modifications.doc Orig.Div: Public Works(Design) Contact: Craig Standafer(313-2098) cc: Administrator-Attn: E.Kuevor By��� Deputy Auditor-Controller Community Development--D.Foley Clerk of the Board—P. Malloy Public Works: Accounting .................................................................. . .................... SUBJECT: APPROVE the Plans and Specifications of the Oak Road Right Turn Lane and Signal Modifications project, and AUTHORIZE the Public Works Director, or designee, to advertise the project, Pleasant Hill BART area. [CP# 98-64] (Fully funded by Redevelopment Agency Funds.) (District IV) Project No. 0662-6R4126-03 DATE: February 10, 2004 PAGE: 2 II. FISCAL IMPACT: This project is fully funded by Redevelopment Agency Funds. The Agency funds are included in the Agency's adopted budget. III. REASONS FOR RECOMMENDATIONIBACKGROUND: The project is needed as traffic related mitigation to construct the Jones Road/Iron Horse Trail at Treat Boulevard over crossing that will follow this project. The Public Works Director has filed with the Board of Supervisors the Plans and Specifications for the project. The general prevailing rates of wages, which shall be the minimum rates paid on this project, have been filed with the Clerk of the Board and copies will be made available to any interested party upon request. The Board reviewed and approved the project on June 10, 2003, (Item D.3) and adopted the Mitigated Negative Declaration for Treat Boulevard/Jones Road, (Iron Horse Trail) over crossing and right turn lane on Oak Road to Treat Boulevard Project in accordance with the California Environmental Quality Act. The Board requested that the Public Works Director return to the Board with final project plans prior to advertising the project, IV. CONSEQUENCES OF NEGATIVE ACTION: If the project is not approved for advertising, it will not be constructed and the Iron Horse Trail Bridge Project cannot be constructed. PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Contra Costa I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above-entitled matter. 1 am the Principal Legal Clerk of the Contra Costa Times, a newspaper of general circulation, printed and published at 2640 Shadelands Drive in the City of Walnut Creek, County of Contra Costa, 94598. And which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Contra Costa, State of California, under the date of October 22, 1934. Case Number 19764. The notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: February 14 all in the year of 2004 I certify for declare) under penalty of perjury that the foregoing is true and correct. Executed at Walnut Creek, Califor ria)this 4,dy a F rua 20 4 ............................... Signatur Contra C sta Times P 0 Box 147 Walnut Creek, CA 94596 (925) 935-2525 Proof of Publication of: (attached is a copy of the legal advertisement that published) Contra Costa County Public Works Department 255 Glacier Drive Marti- nez,California 5493-4897 NOTICE TO CONTRACTORS The Public Works Director will receive sealed bids at the Public Works Depart- ment, C.C. Rich Building, 255 Glacier Drive, Marg- nez,California 94553-4897, until 2 o'ciock p.m., on Tuasday, March 16,2004, at which time they will be publicly opened and read for: OAK ROAD RiGHY TURN LANE AND SIGNAL MODIFICATIONS. General work description: The project consists of constructing an approxi- mate$y 300 foot ions right turn Fane on northbound Oak Road to eastbound Treat Boulevard. Work in- cludeswidening asphalt concrete pavement, con- structing curb and side- walk, replacing street trees and irrigation mod- Eying a storm drainage system,and modifying an existing traffic signal in- ctuding ductwork and de- tector loops. Engineer's cost estimate: $140,040 A Fre-bld meeting will be held on Monday,March 1. 2064,at 10.00 a.m.at the Public Works Department to cover the County's Bid- der Outreach Program. Prospective bidders at- tendance Is recommend- ed but not mandatory. Contract Documents. In- cluding plans and specifi- cation, may be ved and/or obtained at the Public Works Department, C.C.Rich Building,255 Gia- cler Drive Martinez,Call- forma 94558-4897,Mondayy -Thursday(7:00 a.m. -12 Noon and 1:00 p.m.-5:00 p.m.)(closed Fridays).To abtaln pians and sppeeccHica- tions a service charge Is reulred in the amount of $24.65 (sales tax Includ- ed). Picots and %eclAta- tions may be ordered by man for an additional ship- 9 Int and handling tee of 53.t10. Checks shall be made PaYabte to 'Else Couof Contra Costa' andnt e, malted to the above address. The Pub- lic Works Department does not guarantee the ar- rival of the plans and spec- Iflcations In time for bid- ding. Plans and specifica- tions will not be sent over- nilt mail. This roject is to be adver- tlsedp pursuant to Public Contract Code 22037. This contract Is subject to state contract nondiscrimi- nation and compliance re- Vrements pursuant to Government Code,Section 12990. The Contractor shall pos- sess a Class A or Class C- 12 License at the time the Contract Is awarded. Bids must cover the entire project,and neither pa al nor Contingent bids will be considered. The successful bidder shaft furnish aayment bond and a performance bond. The Board has ascer- tained stertained the general prevail- ing rate of wages app0ca- ble to this work. Thepre- vailing rate of per diem wages is on file with the Clerk of the Board of Su- pervisors,and is incorpo- rated herein by reference thereto,the same as if set forth in full herein. For any classification not in- cluded in the list,the mini- mum wage shall be the g�eenneeral prevailing rate for Contra Costa county. The bid opening date may be extended by adden- dum issued by the Public Works Department no lat- er than Friday March 12, 2004, in whic}i case any bids submitted for the original hid opening will be returned unopened and sealed bid proposals for the extended bid open- Ing shall be submitted on or before Tuesday,March 30 2064,at 2:00 p.m. and wil be opened, read and recorded at the same Place specified above. All proposers received tate wilt be returned uno- pened. The said Board reserves the right to reject any and all bids.or any portion of any bid and/or waive any Irregularity In any bid received. For questions regarding the project contact Cram Standafer, bestgn Divi- sion,at 6h)313-2018. By order of the Board of Supervisors of Contra Cos- to county John Sweeten Clerk Of the Board of Su- pervisors and County Administrator BY:/s/Emy L Sharp Deputy Dated:February 10,2004 Legal CCT 9377 Publish February 14,2004 t CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT P'ROP'OSAL ANIS CONTRACT FOR OAK ROAD RIGHT TURN LANE AND SIGNAL MODIFICATIONS PROJECT NO.: 0662-684126-03 40, dP cou * t Y"Y FOR USE WITH STANDARD SPECIFICATIONS AND STANDARD PLANS DATED JULY, 1999 OF THE CALIFORNIA DEPARTMENT OF TRANSPORTATION, AND GENERAL PREVAILING WAGE RATES AND APPLICABLE LABOR SURCHARGE AND EQUIPMENT REN'T'AL RATES, AS ON FILE WITH THE CLERK OF THE BOARD OF SUPERVISORS. BID OPENING DATE: March i6,2004 FOR PRE-IIID INFORMATION CONTACT: Craig Standafer (925) 313-2018 FOR PLAN HOLDER'S LIST CALL (925) 313-2000 TABLE OF CONTENTS PROPOSAL ...........................................................................I.. .....................1 SUBCONTRACT INFORMATION .................................................. .....................6 TITLE 23 SECTION 112 NON-COLLUSION AFFIDAVIT .............................................7 SIGNATUREOF BIDDER ............................................................ .....................8 SAMPLEBIDDER'S BOND ............................................ ........... .....................9 LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR/SUPPLIER/MANIUFACTURER/TRUCKER/SUBCONSULTANT .........10 VERIFICATION OF PERFORMANCE SUBCONTRACTOR/SUPPLIERJMANUFACTURER/TRUCKER/SUBCONSULTANT .........11 WARRANTY AND REPAIR AGREEMENT ...................................... ....................12 SAMPLECONTRACT ................................................................ .....................13 SAMPLE PERFORMANCE BOND ................................................. .....................17 SAMPLEPAYMENT BOND ......................................................... .....................18 OAK ROAD RIGHT TURN LANE AND SIGNAL MODIFICATIONS PROJECT NO.: 0662-68.4126-03 Bids Due. March 16, 2004 To the Board of Supervisors of Contra Costa County Martinez, California PROPOSAL FOR OAK.ROAD RIGHT TURN LANE AND SIGNAL MODIFICATIONS Name of bidder Business address Mailing address Business Phone Fax Number Contact To the Board of Supervisors of Contra Costa County: The undersigned, as bidder, declares that the only persons or parties involved in this proposal as principals are those named herein; that this proposal is made without collusion =with any other person, firm or corporation; that heJshe has carefully examined the location of the proposed work, plans and specifications; and he/she proposes and agrees, if this proposal is accepted, that he/she will contract with the Agency to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the contract, in the manner and time prescribed, and according to the requirements of the Engineer as therein set forth, and that lie/she will take in full payment therefor an amount based on the unit prices specified hereinbelow for the various items of work, the total of said work as estimated herein being (Insert total) and the following being the unit prices bid, to wit: l Oak Road Right Turn Lane and Signal Modifications 0662-684126-03 ItemL Bid !#ern Description Unit Quantity Unit Price (in Total No. Figures in Figures) 1 Construction Area Signs L.S. 1 2 Traffic Control System L.S. 1 3 Relocate Signs Each 3 Modify Inlet (Standard Manhole on 4 Existing Inlet Base) Each 1 5 Clearing and Grubbing L.S. 1 6 Roadway Excavation (F) C.Y. 366 7 Aggregate Base (Class 2) Ton 160 8 Asphalt Concrete(Type A, 3/4" Max) Ton 210 9 Minor Structure(Type"F" Inlet) Each 1 10 Roadside Sign (Single Metal Post) Each 1 11 18"Reinforced Concrete Pipe(Class L.F. 8 IV) 12 Minor Concrete(Sidewalk) S.F. 2930 13 Minor Concrete (S1-6 Curb) L.F. 340 14 Minor Concrete (Exposed Aggregate S.F. 530 Concrete) 15 Minor Concrete(Colored Concrete) S.F. 310 16 Minor Concrete(Pavement Blocks on S.F. 120 Concrete Base) 17 Miscellaneous Metal (Tree Grate Each 10 Frames) 18 Thermopiastic Striping (Detail 38B) L.F. 200 19 Thermoplastic Pavement Marking S.F. 84 20 1 Planting (24" Box Tree) Each 10 21 JjPlant Establishment(90 days) L.S. 1 22 Irrigation System L.S. 1 23 Signals and Lighting L.S. 1 TOTAL 2 The statement of prevailing wages appearing in the Equipment Rental Rates and General Prevailing Wage Rates is hereby specifically referred to and by this reference is made a part of this contract. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of said terms of said proposal conflicting herewith. By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. The improvement contemplated in the performance of this contract is an improvement over which the State of California shall exercise general supervision. The State of California, therefore, shall have the right to assume full and direct control over this contract whenever the State of California, at its sole discretion, shall determine that its responsibility to the United States so requires. In case of a discrepancy between unit prices and totals, the unit prices shall prevail. For lump sum (LS) items, the total shall prevail. It is understood and agreed that the quantities of work under each item are approximate only, being given for a basis of comparison of proposal, and the right is reserved to the Agency to increase or decrease the amount of work under any item as may be required, in accordance with provisions set forth in the specifications for this project. It is further understood and agreed that the total amount of money set forth for each item of work or as the total amount bid for the project, does not constitute an agreement to pay a lump sum for the work unless it specifically so states. It is hereby agreed that the undersigned, as bidder, shall furnish a Payment Bond in an amount equal to fifty percent of the total amount of this proposal and a Faithful Performance Bond to be one hundred percent of the total amount of this proposal, to the Agency and at no expense to said Agency, executed by a responsible surety acceptable to said Agency in the event that this proposal is accepted by said Agency. If this proposal shall be accepted and the undersigned shall fail to contract as aforesaid and to give the two bonds in the sums to be determined as aforesaid, with surety satisfactory to the Board of Supervisors, within seven (7) days, not including Sundays, after the bidder has received notice from the Board of Supervisors that the contract is ready for signature, the Board of Supervisors may, at its option, determine that the bidder has abandoned the contract, and thereupon this proposal and the acceptance thereof shall be null and void and the forfeiture of such security accompanying this proposal shall operate and the same shall be the property of the Agency. ............ ........................................................................................................I.,........ .............. PROPOSAL All good faith effort documentation must be submitted with the bid or within two (2) working days following the bid opening. Failure to submit the required good faith effort documentation within two (2) working days following the bid opening may render the bid non-responsive. The County anticipated levels of F_ MBE Participation: 14% F_ WBE Participation: 6% The bidder is required to subcontract the following minimum percentage of its bid: Mandatory Subcontracting 25% Minimum (MSM) Requirement NOTE: Outreach Program information and/or assistance may be obtained through the County's Affirmative Action Office at (925) 335-1045. 4 ''I'll''..,.............I...................................................................................I..''..''........ ........................................................ PROPOS-4L(CONT) The contractor agrees, by submission of this proposal, to conform to the requirements of Section 4100 through 4113 of the Public Contract Code. The undersigned, as bidder, declares that he/she has not accepted any bid from any subcontractor or supplier through any bid depository, the by-laws, rules or regulations of which prohibit or prevent the contractor from considering any subcontractor or supplier which is not processed through said bid depository, or which prevent any subcontractor or supplier from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository. The following is a complete list of items to be subcontracted, including the subcontractor's name and address, as required. If a portion of any item of work is done by a subcontractor, the value of the work subcontracted will be based on the estimated cost of such portion of the contract item, determined from information submitted by the contractor, subject to approval by the engineer. Contra Costa County requires that all subcontractor information shall be submitted at the time of bid opening, no time extension will be allowed to submit this information per Assembly Bill 1092. The Bidder shall list each subcontractor to whom the Bidder proposes to subcontract any item of work, or portion thereof, in excess of one-half of one percent (.50%) of the total bid or $10,000, whichever is greater in accordance with the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code. 5 . � � .. . . . � . . . � � $ . � � . � � t + � # k � $ : � ® _ � \ \ � � \ NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID being first duly sworn, deposes and says (Name) that he or she is of (Title,position in Company) (Name of Company) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any Undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham;that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix overhead, profit, or cost element of the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and , further, that the bidder has not, directly or indirectly, submitted his order bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid." (Signature of Bidder) State ofCalifomia ) ACKNOWLEDGEMENT (By Individual, Partnership or County of )ss Corporation) The person(s) signing above for , known to me individual and business capacities as stated, personally appeared before me today and acknowledged that he/she/they executed it and acknowledged to me that the partnership named above executed it or acknowledged to me that the corporation named above executed it pursuant to its bylaws or a resolution of its board of directors. Dated: Signature: Name(Typed or Printed) (This area for official notarial seal) 7 For bids exceeding $25,000, accompanying this proposal is a Proposal Guaranty in the amount of Ten(10) Percent of Amount Bid (Cashier's Check, Certified Check or Bidder's Bond acceptable) The names of all persons interested in the foregoing proposal as principals are as follows. IMPORTANT NOTICE If the bidder or other interested person is a corporation, state legal name of corporation, also names of president, secretary, treasurer, and manager thereof. If a copartnership, state true name of firm. If bidder or other interested person is an individual, state first and last name in full. Licensed to do or subcontract all classes of work involved in the project, in accordance with an act providing for the registration of contractors, License No. Class: (Expires }. By my signature on this proposal I certify, under penalty of perjury under the laws of the State of California,that the foregoing information is true and correct. Date: (Signature of Bidder) Business address Place of residence Date 20 8 SAMPLE BID BOND Bond No. KNOW ALL BY THESE PRESENTS: That we, ----, as Principal, and , a corporation organized and existing under the laws of the State of and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto , as Obligee, in the sum of Ten Percent 0D%) of the amount of the bice Dollars lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS,the Principal has submitted a bid for (Project Mame) (Project Number) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid and give bond with good and sufficient surety for the faithful performance of such contract, or in the event of the failure of the Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the difference, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which Obligee may legally contract with another party to perform the work covered by said bid, if the latter amount be in excess of the former,then this obligation shall be null and void, otherwise to remain in full force and effect. SIGNED AND SEALED,this day of , 20 (SEAL) (SEAL) (Principal) (Surety) By: (Signature) (Signature) (SEAL AND ACKNOWLEDGMENT OF NOTARY) G:\GrpData\Design\CTSPE064speesNOak Road Right Turn L wie and Signal Modifications Prop.doc 511101 9 Contra Costa County OUTREACH PROGRAM Affirmative Action Office 651 Pine Street, Martinez, CA 94553 (925)335-1045 Fax(925) 6461353 LETTER OF INTENT TO PERFORIN!As A SUBCONTRACTOR t SUPPLIER.l MANUFACTURER I TRUCKER.ISUBCONSULTANT Name of Prime Contractor Name of Project Project Number The undersigned is a(check one): Sole proprietorship Corporation Limited Liability Partnership Joint Venture Check the following which may apply. MBE WBE SBE LRE Subcontractor Subcontractor Subcontractor _ Subcontractor Supplier Supplier Supplier Supplier Manufacturer Manufacturer � Manufacturer � Manufacturer Trucker Trucker Trucker Trucker Other i Other � Other_ � Other Describe Describe Describe Describe Nome of the Above Apply The undersigned is prepared to perform the following described work in connection with the above project (specify in detail the particular work items or parts thereof to be performed): Total Amount Bid to Prime Contractor: $ Signature Position Title Date Name of Person Completing this Form Company Name Phone Number Fax Number G:\GrpData\Desio%CTSPEC\34spees\Oak Road Right Tum Lane and Signal Modifications Pmp.doc Revised Effective 8/312000 10 Contra Costa County OUTREACH PROGRAM Affirmative Action Office 651 Pine Street, Martinez, CA 94553 (925):335-1045 Fax(925)646-1353 VERIFICATION OF PERFORMANCE SUBCONTRACTOR/SUPPLIE.R/MANUFACTtJR,R/TRUCKER/SUBCONSULTANT 1. Name of Prime Contractor 2. Name of Project 3 Project Number 4. The undersigned performed work in connection with the above project as (check one): Sole proprietorship _- _ Corporation Limited Liability Partnership Joint`denture 5. Check the following which may apply. MBE WBE SBE LBE _ Subcontractor Subcontractor Subcontractor Subcontractor Supplier Supplier _ _ Supplier Supplier Manufacturer Manufacturer Manufacturer Manufacturer Trucker __ Trucker Trucker Trucker Sub Consultant Sub Consultant Sub Consultant _ _ Sub Consultant Other_ Other Other Other Describe Describe Describe Describe None of the Above Apply 6. The undersigned has performed the following described work in connection with the above project (specify in detail the particular work items or parts that were performed): 7. Total Sid to Prime Contractor or Consultant: $ 8. Total Amount Received: $ 9. Explain any difference between lines #7 and#8 by attaching a written explanation. 10. Signature Position/Title Date l 1. Name of Person Completing this Form 12. Company Name Phone Number FAX Number G;iGrpBatalDesignlCTSPEC104specs\Oak Road Right Tuns Late and Signal Modifications Prop.doc REVISED 8/3/2000 11 WARRANTY AND REPAIR AGREEMENT To (Agency): The undersigned agrees to repair and/or replace all improvements installed as part of OAK ROAD RIGHT TURN DANE AND SIGNAL MODIFICATIONS PROJECT NO.. 0662-6124126-03 Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work of any part thereof fail to operate properly as originally intended and in accordance with the plans and specifications, due to any of the above causes, for a period of 12 months after date on wl-iich the contract work is accepted by the Agency. The undersigned also agrees to reimburse the Agency, upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, if such work is performed by the Agency. Alternatively, upon demand by the Agency, the undersigned further agrees to replace any such material and to repair said work completely without cost to the Agency so that said work will function successfully as originally contemplated. The Agency shall have the unqualified option to make any needed replacements or repairs itself or to have such. replacements or repairs done by the undersigned. In the event the Agency elects to have such work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be famished and installed within a reasonable time after the receipt of demand from the Agency. If the undersigned shall fail or refuse to comply with his obligations under this agreement, the Agency shall be entitled to all costs and expenses, including attorneys` fees, reasonably incurred by reason of the said failure or refusal. The warranty period on the replaced materials or repaired defects shall commence, for a separate period of 12 months, beginning on the date the repair work is accepted by the Agency. In no event will the warranty period extend beyond three (3) years from the date the original contract work is accepted by the Agency. All Opticom (or equal)components shall be guaranteed in accordance with the manufacturer's warranty, which shall start after successful completion of the function test. All equipment for the Submaster shall be guaranteed for a period of three(3)years from the date the contract work is accepted;by the Agency. (Company Name) (Authorized Signature) (Print Name) Date. G:\GrpData\Design\CTSPEC\04specs\oak Road Right Tam Lane and Signa!Modifications Prop.doc 7/30198 12 SAMPLE CONTRACT (Contra Costa County Standard Form Construction:Agreement) 1.SPECIAL TERMS. These special terms are incorporated below by reference. (See Secs.2,3) Parties: Public Agency--Contra Cost County Contractor Use complete legal name of Contractor, Effective Date: (see Section 4 for starting date.) (See Sec.3) Project Name Proj.No. located 'nit work consists of all in accordance with the Plans,Drawings,Special Provisions and/or Specifications prepared by or for the Public Works Director/Chie€Engineer(cross out one)and in accordance with the accepted Bid Proposal (See Sec.4) Completion Time: ((DELETE ONE OF THE FOLLOWING STATEMENTS.)) (a) By (b) Within working/calendar((circle the appropriate word))days from starting date. (See Sec.5) Liquidated Damages: $ per calendar day. (See Sec.6) Public Agency's Agent: (See Sec.7) Contract Price: $ more or less, in accordance with finished quantities at unit bid prices. ((DELETE TEXT if not unit price bid.)) (See Sec.8) Federal Taxpayees I.D.or Social Security No. 2. SIGNATIIRES&ACKNOWLEDCyEMENT. Public Agency,By, Maurice M.Slim, Public Works Director Contractor,hereby also certifying awareness of and compliance with Labor Code Sections 1861 and 3700 concerning Workers' Compensation Law, By: (Designate official capacity in the business) By: (Designate official capacity in the business) Note to Contractor: For corporations,the contract must be signed by two officers. The first signature must be that of the chairman of the board, president or vice president,the second signature must he that of the secretary;assistant secretary,chief financial officer or assistant treasurer. (Civil Code,Section 1190 and Corporations Code,Section 313.) The acknowledgment below must be signed by a Notary Public. CERTIFICATE OF ACKNOWLEDGMENT State of California ) ss. County of ) On the date written below,before me,the undersigned Notary Public,personally appeared the person(s)signing above for Contractor,personally known to me(or proved to nit on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/slielthey executed the saint in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted;executed the instrument. WITNESS my hand and official seal. Dated: (Notary's Sea[) (Notary Public) 13 3.WORK CONTRACT.CHANGES. (a) By their signatures in Section 2,effective on the above date,these parties promise and agree as set forth in this contract,incorporating by these references the material in Section 1,SPECIAL TERMS, (b) Contractor shall,at his own cost and expense,and in a workmanlike mariner,fully and faithfully perform and complete the work;and will furnish all materials, labor, services and transportation necessary, convenient and proper in order fairly to perform the requirements of this contract, all strictly in accordance with the Public Agency's plans,drawings and specifications and in accordance with the accepted bid proposal. (c) The work can be changed only with Public Agency's prior written order specifying such change and its cost agreed to by the parties;and the Public Agency shall never have to pay more than specified in Section 7,PAYMENT,without such an order. 4. TIME: NOTICE TO PROCEED. Contractor shall start this work as directed in the specifications or the Notice to Proceed;and shall complete it as specified in Section 1,SPECIAL TERMS, 5. LIQUIDATED DAMAGES. if the Contractor fails to complete this contract and this work within the time fixed therefor,allowance being made for contingencies as provided herein,he becomes liable to the Public Agency for all its loss and damage therefrom;and because,from the nature of the case, it is and will be impracticable and extremely difficult to ascertain and fix the Public Agency's actual damage frorn any delay in performance hereof, it is agreed that Contractor will pay as liquidated damages to the Public Agency the reasonable sum specified in Section 1,SPECIAL TERMS,the result of the parties'reasonable endeavor to estimate fair average compensation therefor,for each calendar day's delay in finishing said work;and if the same be not paid, Public Agency may, in addition to its other remedies,deduct the same from any money due or to become due Contractor under this contract. If the Public Agency for any cause authorizes or contributes to a delay, suspension of work or extension of time, its duration shall be added to the time allowed for completion,but it shall not be deemed a waiver nor be used to defeat any right of the Agency to damages for non-completion or delay hereunder. Pursuant to Government Code Section 4215;the Contractor shall not be assessed liquidated damages for delay in completion of tike work, when such delay was caused by the failure of the Public Agency or the owner of a utility to provide for removal or relocation of existing utility facilities. 6. INTEGRATED DOCUMENTS. The plans, drawings and specifications or special provisions of the Public Agency's call for bids, and Contractor's accepted bid for this work are hereby incorporated into this contract;and they are intended to cooperate,so that anything exhibited in the plans or drawings and not mentioned in the specifications or special provisions,or vice versa,is to be executed as if exhibited,mentioned and set forth in boor,to the true intent and meaning thereof when taken all together; and differences of opinion concerning these shall be finally determined by Public Agency's Agent specified in Section 1,SPECIAL TERMS. 7. PAYMENT. (a) For his strict and literal fulfillment of these promises and conditions,and as full compensation for all this work,the Public Agency shall pay the Contractor the sum specified in Section 1,SPECIAL TERMS,except that in unit price contracts that payment shall be for finished quantities at unit bid prices. (b) On or about the first of each calendar month,the Contractor shall be paid for all work done through the 15th of the preceding calendar month,as determined by Public Agency, minus 10%thereof pursuant to Public Contract Code Section 9203, but not until defective work and materials have been removed,replaced,and made good. 8.PAYMENTS WITHHELD. (a) The Public Agency or its Agent may withhold any payment,or because of later discovered evidence nullify all or any certificate for payment,to such extent and period of time only as may be necessary to protect the Public Agency from loss because of: (1) Defective work not remedied,or uncompleted work,or (2) Claims filed or reasonable evidence indicating probable filing,or (3) Failure to properly pay subcontractors or for material or labor,or (4) Reasonable doubt that the work can be completed for the balance then unpaid,or (5) Damage to another contractor,or (6) Damage to the Public Agency,other than damage due to delays. (b) The Public Agency shall use reasonable diligence to discover and report to the Contractor,as the work progresses,the materials and labor which are not satisfactory to it,so as to avoid umhecessary trouble or cost to the Contractor in making good any defective work or parts. (c) 35 calendar days after the Public Agency files its notice of completion of the entire work, it shall issue a certificate to the Contractor and pay the balance of die contract price after deducting all amounts withheld under this contract,provided the contractor shows that all claims for labor and materials have been paid,no claims have been presented to the Public Agency based on acts or omissions of the Contractor,and no liens or withhold notices have been filed against the work or site, and provided there are not reasonable indications of defective or missing work or of late-recorded notices of liens or claims against Contractor. 9. INSURANCE. (Labor Code Secs. 1860-61) On signing this contract,Contractor must give Public Agency (1) a certificate of consent to self- insure issued by the Director of Industrial Relations,or (2) a certificate of Workers'Compensation insurance issued by an admitted insurer,or (3) an exact copy of duplicate thereof certified by the Director or the insurer. Contractor is aware of and complies with Labor Code Section 3700 and the Workers' Compensation Law. 10. BONDS. On signing this contract Contractor shall deliver to Public Agency for approval good and sufficient bonds with sureties,in amount(s) specified in the specifications or special provisions, guaranteeing his faithful performance of this contract and his payment for all labor and materials hereunder. 14 11. FAILURE TO PERFORM. If the Contractor at any time refuses or neglects, without fault of the Public Agency or its agent(s), to supply sufficient materials or workmen to complete this agreement and work as provided herein,for a period of 10 days or more after written notice thereof by the Public Agency,the Public Agency may furnish same and deduct the reasonable expenses thereof from the contract price. 12, LAM APPLY. General. Both parties recognize the applicability of various federal,state,and local laws and regulations,especially Chapter I of Part 7 of Division 2 of tite Labor Code(beginning with Section 1720;and including Sections 1735,1777.5,and 1777.6 forbidding discrimination). The parties specificallystipulate that tite relevant penalties and forfeitures provide in the Labor Code,especially in Sections 1715 and 1813'concerning prevailing wages and hours;as well as Section 1776 concerning certified payroll records,shall apply to this agreement. 13. SUBCONTRACT RS. Public Contract Code Sections 4100-4114 are incorporated herein. 14. WAGE RATES. (a) Pursuant to Labor Code Section 1773,the Director of the Department of Industrial Relations has ascertained the general prevailing rates of wages per diem,and for holiday and overtime work,in the locality in which this work is to be performed,for each craft,classification,or type of workman needed to execute this contract,and said rates are as specified in the call for bids for this work and are on fife with the Public Agency,mid are hereby incorporated herein. (b) This schedule of wages is based on a working day of 8(tours unless otherwise specified; and the daily rate is the hourly rate multiplied by the number of hours constituting tine working day. When less than that number of hours are worked,the daily wage rate is proportionately reduced, but the hourly rate remains as stated. (c) The Contractor,and all his subcontractors,must pay at least these rates to all persons of this work, including all travel;subsistence, and fringe benefit payments provided for by applicable collective bargaining agreements. All skilled labor not listed above most he paid at least dte wage scale established by collective bargaining agreement for such labor in the locality where such work is being performed. If it becomes necessary for the Contractor or any subcontractor to employ any person in a craft, classification or type of work(except executive,supervisory,administrative;clerical or other non- manual workers as such)for which no minimum wage rate is specified,the Contractor shall immediately notify the Public Agency which shall apply from the time of the initial employment of the person affected and during the continuance of such employment. 15. HOURS OF LABOR. Eight hours of labor in one calendar day constitutes a legal day's work,and no workman employed at any time on this work by the Contractor or by any subcontractor shall be required or permitted to work longer thereon except as provided in Labor Code Sections 1810.1815. 16. APPRENTICES. Properly indentured apprentices may be employed on this work in accordance with Labor Code Sections 1777.5 and 1777.6, forbidding discrimination. 17. DESIRE TO PROMOTE ECONOMY OF CONTRA COSTA. The Public Agency desires to promote the industries and economy of Contra Costa county,and tine Contractor therefore is encouraged to use the products,workmen,laborers and mechanics of this County in every case where the price, fitness and quality are equal. 18. ASSIGNMENT. The agreement binds the heirs,successors,assigns,and representatives of the Contractor;but be cannot assign it in whole or in part,nor any monies due or to become due under it,without the prior written consent of the Public Agency and the Contractor's surety or sureties, unless they have waived notice of assignment. 19. NO WAIVER BY PUBLIC AGENCY. Inspection of the work and/or materials,or approval of work and/or materials inspected,or statement by any officer,agent or employee of the Public Agency indicating the work or any part thereof complies with the requirements of payments therefor,or any combination of these acts, shall not relieve the Contractor of his obligation to ft+lfill this contract as prescribed;nor shall the Public Agency be thereby estopped from bringing any action for damages or enforcement arising from tate failure to comply with any of the terms and conditions hereof. 20. HOLD HARMLESS AND INDEMNITY. (a) Contractor promises to and shall hold harmless and indemnify from the liabilities as defined in this section. (b) The indemnitees benefited and protected by this promise are the Public Agency and its elective and appointive boards,commissions,officers, agents and employees. (c) The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below,including but not limited to personal injury,death,property damage,trespass,nuisance,inverse condemnation,patent infringement,or any combination of these, regardless of whether or not such liability, claim or damage was unforeseeable at any time before the Public Agency approved the improvement plans or accepted the improvements as completed,and including the defense of any suit(s)or action(s)at law or equity concerning these. (d) The actions causing liability are any act or omission (negligent or non-negligent)in connection with the matters covered by this contract and attributable to tine contractor,subcontractor(s),or any officer(s),agent(s)or employee(s)of one or more of them. (e) Non-Conditions: The promise and agreement in this section is not conditioned or dependent on whether or not any indemnitee has prepared, supplied,or approved any plan(s),drawing(s),specification(s)or special provision(s) in connection with dtis work,has insurance or other indemnification covering any of these matters,or that the alleged damage resulted partly from any negligent or willftil misconduct of any indemnitee. 15 ......... ....... .. _ ... ......... ......... 21. EXCAVATION. Contractor shall comply with the provisions of Labor Code Section 6705, if applicable, by submitting to Public Agency a detailed pian showing the design of shoring,bracing,sloping,or other provisions to be made for worker protection from the hazard of caving ground during trench excavation. 22. RECORD RETENTION. Except for records delivered to Public Agency, Contractor shall retain, for a period of at least five years after Contractor's receipt of the final payment under this contract,all records prepared in the performance of this contract or otherwise pertaining to the work, including without limitation bidding,financial and payroll records. Upon request by Public Agency,Contractor shall make such records available to Public Agency,or to authorized representatives of the state and federal governments,at no additional charge and without restriction or limitation on their use. 23 . CONFLICT WITH BID. It is further expressly agreed by and between the.parties hereto that should there be any conflict between the terms of this contract and the bid or proposal of said Contractor,then this contract shall control and nothing herein shall be considered as an acceptance of said terms of said proposal conflicting herewith. 24. USE OF PRIVATE PROPERTY. Contractor shall not use private property for any purpose in connection with the work absent a prior,written agreement with the affected property owner(s). ((Use Sections 25&26 only on CALTRANS-supervised projects.)) 25. CONTROL BY STATE. The improvement contemplated in the performance of this contract is an improvement over which the State of California shall exercise general supervision. The State of California, therefore, shall have the right to assume full and direct control over this contract whenever the State of California,in its sole discretion,shall determine that its responsibility to the United States would so require such action. 26. RENTAL AND WAGE RATES. The statement of prevailing wages appearing in the Equipment Rental states and General Prevailing Wage Rates is hereby specifically referred to and by this reference is made a part of this contract. \tt FORM APPROVED by County Counsel. (CC-1;Rev.3-95) G:\GrpData\Design\CTSPEC\04specs\Oak Road Right Turn Lane and Signal Modifications Prop.doc 5/1/01 16 SAMPLE PERFORMANCE BOND -- PUBLIC WOR Bond No. Premium Any claim under this Bond should be sent to the following address: KNOW ALL BY THESE PRESENTS: That we, , as Principal, and a corporation organized and existing under the laws of the State of and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto , as Obligee, in the scan of Dollars ($ ) lawful money of the UnitedStates of America, for the payment of which sura well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION of the above obligation is such that, whereas the Principal has entered into a contract dated , with the Obligee to do and perform the following work, to- wit: as is more specifically set forth in the contract documents,reference to which is hereby made. NOW THEREFORE, if the Principal shall well and truly perform all the requirements of said contract documents required to be performed on its part, at the times and in the manner specified therein, then this obligation shall be null and void,otherwise it shall remain in full force and effect. PROVIDED,that any alterations in the work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said contract documents, shall not in any way release the Principal or the Surety thereunder, nor shall any extensions of time granted under the provisions of said-contract documents release either the Principal or the Surety, and notice of such alterations or extensions of time is hereby waived by the Surety. PROVIDED,that if any action is commenced on this band by the Obligee, in addition to the sum specified above, the Principal and the Surety, their heirs, executors, administrators, successors and assigns, jointly and severally, shall be obligated to pay to the Obligee all costs, attorney's fees and other litigation expenses incurred by the Obligee in collecting monies due under the terms of this bond. SIGNED AND SEALED,this day of (SEAL) (SEAL) (Principal) (Surety) By: (Signature) (Signature) (SEAL AND ACKNOWLEDGMENT OF NOTARY) g Agrpdata\desi gn\ctspec\proposal\perfbnd.doc 17 SAMPLE PAYMENT BOND -- PUBLIC WORK [Civ. Code Secs. 3247 - 3248] Bund No. Premium Any claim under this Bond should be sent to the following address: KNOW ALL BY THESE PRESENTS: That we, , as Principal, and a corporation organized and existing under the laws of the State of and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto', -- -, as Obligee, in the sum of Dollars ($ } lawful money of the United States of America, for the payment of which sumwelland truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. THE CONDITION of the above obligation is such that, whereas the Principal has entered into a contract dated , with the Obligee to do and perform the following work, to-wit: as is more specifically set forth in the contract documents, reference to which is hereby made. NOW THEREFORE, if the Principal or a subcontractor fails to pay any of the persons named in Section 3181 of the Civic Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, the Surety will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a reasonably attorney's fee, to be fixed by the court. This bond shall ensure to the benefit of any of the persons named in Section 3181 of the Civic Code so as, to give a right of action to such persons or their assigns in any suit brought upon this bond. SIGNED AND SEALED,this day of (SEAL) (SEAL) (Principal) (Surety) By: (Signature) (Signature) (SEAL AND ACKNOWLEDGMENT OF NOTARY) g:\grpd ata\design\ctspec\proposal\paybond.doc 18 02/04/2004 24:41 9253132182 CCCO DESIGN CAGE 02 CD I 410 vai is @9 -4 09 JF rr � I n Nf Y i!^. �sF♦�p �' V f 02/04/2004 24:42 9253232282 CCCQ DESIGN PAGE 03 w U. ltl prL� '�' car+ 9Y}M rrCi✓rai+it W �. tr`w b` a 1) y+ ry l �y LO n Fit CL i-�- l i �pp 4LAI i Ogg ih -71 05 (.r dR O. �NNyt1l!�� dd i �tM r...� X. -Al s a O + LO 02104/2004 14:41 9253132182 CCCO DESIGN PAGE 04 } Z Z9 motile g°S ou�lwojow E pjoA ay Z"" in } r � r r � _ 4 l w } i � ' a t W 4 0 t ,f t 8n qV 90 OLA{N e ! 02/84/2004 24:41 9253132182 CCCO DESIGN PAGE 05 i tit J. Li Lu w E z W dam$ M ` � i f� t _ - NaTI M u 4 F 2/04'2004 14:41 9253132282 CCCO DESIGN PAGE 06 it 40, j f t � , f f � t' { {. a 41.� '� CONTRA COSTA COUNT' PUBLIC WORKS DEPARTMENT NOTICE TO CONTRACTORS AND SPECIAL PRO,VISIONS FOR OAK ROAD RIGHT TURN LANE AND SIGNAL MODIFICATIONS PROJECT NO: 0662-68.4126-03 f10 (\� % d� alt11111 lop _ r }1 IfOU FOR USE WITH STANDARD SPECIFICATIONS AND STANDARD PLANS DATED JULY 1999, OF THE CALIFORNIA DEPARTMENT OF TRANSPORTATION, AND GENERAL PREVAILING WAGE RATES AND APPLICABLE LABOR SURCHARGE AND EQUIPMENT RENTAL RATES, AS ON FILE WITH THE CLERK OF THE BOARD OF SUPERVISORS, BID OPENING DATE: Tuesday, March 16, 2004 FOR PRE-BID INFORMATION CONTACT: Craig Standafer (925) 313-2018 ENGINEER'S ESTIMATE: $140,000 FOR PLAN HOLDER'S LIST CALL (925) 313-2000 Visit the Design Division at the Public Works website for other advertised and developing projects www.co.contra-costa.ca.us/det)art/]2 G:1GrpData\Design\CTSPEC104specsloak Road Right Turn Lane and Signal Modifications.doc ''I'll.-,..............11......... ...................................... THIS SHEET IS FOR INFORMATION PURPOSES ONLY AND SHALL NOT BE CONSIDERED A PART OF THIS CONTRACT SPECIAL NOTICE 1 The Bidder shall submit applicable list of subcontractors with the bid proposal. Failure to submit this information with the bid proposal may result in rejection of the bid. SPECIAL NOTICE 2 A pre-bid meeting is scheduled for this project on the date given in the Notice to Contractors. Discussions will cover project construction and the Bidder Outreach Program requirements. SPECIAL NOTICE 3 In cases of utility leaks, breaks, or emergencies, the following numbers should be called: Utilit Phone Number PG&E (Gas) (800) 743-5000 PG&E (Electric) (800) 743-5000 SPECIAL NOTICE 4 In the case where a bidder claims an inadvertent error in listing subcontractors, a notice of the claim must be submitted to the Engineer in writing within two (2) working days after the time of the bid opening and copies of the notice must be sent to the subcontractors involved. SPECIAL NOTICE 5 The bidder's attention is directed to the State and Federal laws concerning fraud, bribery, collusion, conspiracy, and making false statements in connection with bidding upon, award of, or performance of any public works contract. The U.S. Department of Transportation, Office of Inspector General, has established the following telephone hotline to report violations. In California call 1-800-545-7496 Outside California call 1-800-424-9071 Confidentiality may be maintained and callers may remain anonymous. SPECIAL NOTICE 6 The bidder's attention is directed to Section 2-1.01A of these Special Provisions regarding the requirement of a WARRANTY AND REPAIR AGREEMENT for the entire project. ................... ................................................... ...................................... .......... .................................... SPECIAL NOTICE 7 Planholders lists for projects out to bid for the Contra Costa County Public Works Department may be viewed on-line at the Public Works Web Site. Projects under development for the upcoming season may also be viewed at the site. 1. Log-on at www.co.contra-costa.ca.tis/depztrt/-p 2. Select the "Design" division at the left of your screen. I Select"Project Information" on the Design web page. 4. Select "Projects Currently Advertised For Bids"on this web page. 5. On the "Projects Currently Advertised For Bids" web-page you will find a listing of current active files with pertinent project information including a. Access to the '"Notice to Contractors" which will give you a brief description of the project as well as how to obtain a set of bid documents and b. Access to the "Planholders List". DISCLAIMER Contra Costa County Public Works Department provides the Planholders List as a convenience to Contractors, Subcontractors and suppliers. The Public Works Department is under no legal obligation to provide this information. While we make every effort to keep this information current and correct, the Public Works Department makes no guarantee as to the accuracy or completeness of these documents. ................................. ....................... PROJECT NO. 0662-6R4126-03 The special provisions contained herein have been prepared by or ender the direction of the following Registered Persons: CIVIL 17 SOFES43 na � Exp- C1 OF C TRAFFIC SIGNALS, SIGNING AND STRIPING TABLE OF CONTENTS VICINITY AND CONSTRUCTION SIGNING MAP TYPICAL SECTIONS NOTICE TO CONTRACTORS SPECIAL PROVISIONS SECTION 1. SPECIFICATIONS AND PLANS............................................................................. I SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS ..........................................2 2-1.01 GENERAL................................................................................-.......................... ............... 2 2-1.01A WARRANTY AND REPAIR AGREEMENT......................... ........ .......... ............... 2 SECTION 3 - OUTREACH PROGRAM/MANDATORY SUBCONTRACTING......................3 SECTION 3-1.00 OUTREACH PROGRAM..................................................................................3 0-1.01 GENERAL..................................................................................................... ................ 3 3-1.02 MBE/WBE/OBE PARTICIPTION................................................................. ......... ........... 3 .3-1.03 DEFINITIONS .............................................................................. ....................................... 3-1.04 CERTIFICATION AND PARTICIPATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES............................................................................................... .......................................4 3-1.05 GOOD FAITH EFFORT DOCUMENTATION................................................................... 7 3-1.05A GOOD FAITH EFFORT DOCUMENTATION SUBMITTAL.................................. 10 3-1.06 AWARD OF CONTRACT. .................................................. ...................................... 10 3-1.07 SUBCONTRACTOR SUBSTITUION ......................................... .............................. 10 3-1.08 SUB-AGREEMENT FALSIFICATION................ ................ ......................... .......... 11 3-1.09 FINAL SUBCONTRACTING REPORT SUBMITTAL/VERIFICATION OF ............... 11 PERFORMANCEFORMS ............................................................................................................ 11 3-1.10 REVIEW OF RECORDS ............................................................................................. 12 3-1.11 PROMPT PAYMENT................................................................... ............................... 12 SECTION 3-2.00 MANDATORY SUBCONTRACTING MINIMUM.....!................................12 .3-2.01 GENERAL.................................................................................................................... 12 3-2.02 MANDATORY SUBCONTRACTING MINIMUM PARTICIPATION LEVEL...... 12 3-2-03 DEFINITIONS..............._.................................. .............................. ........................... 12 3-2.04 MSM PARTICIPATION RECOGNITION.................................................................. 1.3 SECTION 3-3.00 EXECUTION OF CONTRACT........................................................................ 13 3-3.01 AWARD OF CONTRACT ........... ................ ..................................................................- 13 3-3.02 BONDS........... .................................................................................................................... 13 3-3.03 INSURANCE AND INDEMNIFICATION........................................................................ 14 3-3.03A INSURANCE REQUIREMENTS ................................. ............................................. 14 3-3.03B HOLD HARMLESS AND INDEMNIFICATION ....................._............................. 15 3-3.04 EXECUTION OF AGREEMENT (CONTRACT) ............................................................ 17 SECTION 4. BEGINNING OF WORK AND TIME OF COMPLETION................................ 17 4-1.01 GENERAL.......................................................................................................................... 17 4-1.02 PRE-CONSTRUCTION CONFERENCE ......................................................................... 17 4-1.03 ARCHAEOLOGICAL DISCOVERIES AND/OR HISTORICAL DISCOVERIES ........... 18 SECTIONS. GENERAL................................................................................................................. 19 SECTION 5-1. MISCELLANEOUS.............................................................................................. 19 5-1.01 LABOR NONDISCRIMINATION.................................................................................... 19 5-1. 02 AFFIRMATIVE ACTION AND EQUAL EMPLOYMENT OPPORTUNITY .............. 19 5-1.03 PUBLIC SAFETY.............................................................................................................. 22 5-1.04 PAYROLL RECORDS ...................................................................................................... 24 5-1.05 SURFACE MINING AND RECLAMATION ACT.......................................................... 24 5-1.06 PROGRESS SCHEDULE.................................................................................................. 24 5-1.07 INCREASES AND DECREASES IN QUANTITIES....................................................... 24 5-1.08 SCOPE OF PAYMENT..................................................................................................... 24 5-1.09 LEGAL HOLIDAYS.......................................................................................................... 24 5-1.10 AREAS FOR CONTRACTOR'S USE............................................................................... 25 5-1.11 PAYMENTS...................... ......................................................... ................. ................ 25 5-1.12 CLAIMS BY CONTRACTOR ........ ...................... .................................................- 26 5-1.13 INTERPRETATION OF CONTRACT DOCUMENTS.................................................... 28 5-1.14 SUBCONTRACTING........................................................................................................ 28 5-1.15 SOUND CONTROL REQUIREMENTS........................................................................... 28 5-1.16 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS ...................................... 29 5-1.17 PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS................. 29 5-1.18 CONTROL OF WORK............................................................................. ................... 29 5-1.19 AIR POLLUTION CONTROL.......................................................................................... 30 5-1.20 ACCEPTANCE OF CONTRACT ...................................................................................... 30 SECTION 6. ADDITIONAL INSUREDS, WORKING DAYS,AND LIQUIDATED DAMAGES.............................................................................................................. ...............................30 6-1.01 ADDITIONAL INSUREDS............................................................................................... 30 6-1,02 WORKING DAYS............................................................................................................. 30 6-1.03 LIQUIDATED DAMAGES............................................................................................... 30 SECTION7. (BLANK)....................................................................................................................30 SECTION 8. MATERIALS............................................................................................................30 SECTION 8-1. MISCELLANEOUS.............................................................................................. 30 8-1.01 PREQUALIFIED AND TESTED SIGNING AND DELINEATION MATERIALS....... 30 8-1.02 TESTING............................................................................................................................ 37 8-1.03 QUALITY CONTROL TESTING..................................................................................... 38 SECTION 9. DESCRIPTION OF WORK.................................................................................... 38 SECTION 10. CONSTRUCTION DETAILS..............................................................................38 SECTION10-1. GENERAL ...........................................................................................I...............38 10-1.01 ORDER OF WORK...................................................................................................... 38 10-1.02 PROJECT APPEARANCE .................................................................. 39 10-1.03 WATER POLLUTION CONTROL................................................................................. 40 � , � � � � l0'1.04PRESERVATION (}F PROPERTY........ ............................................ ........................... 4l 10-1.05 ----'---......................................................................... 42 10-I.06 CONSTRUCTION AREA TRAFFIC CONTROL DEVICES ....................................... � ��4 10-1.07 CONSTRUCTION AREA SIGNS..................................................................................� 45 10-1.08 MAINTAINING TRAFFTC --------------------.--.,-------. 46 10-1.09 EXISTING HIGHWAY FACILITIES................. .......................................................... 49 10-1.09A RELOCATE ROADSIDE SIGN.................................................... 49 10-l.0qBREMOVE PIPE LINE ................................................................................................ 44 10-1]00C MODIFY INLET............................................................... ........................................ 49 10'1.091}REMOVE CONCRETE --------------------L---.------- 5A lO-\.lO CLEARING AND GRUBBING ......................................................................... .......... 50 10-].I] EARTHWORK---------.---------------------------.. 50 10-1.12 AGGREGATEBASE............................................................................................. ......... 51 10-1.}] ASPHALT CONCRETE—.------------------ .................................... 10-1.14 MINOR CONCRETE STRUCTURES ............................................................. .............. 52 I0-IJ5 R(lADSTT)BS[GNS...................................................................................................... 5] 10-1J6 REINFORCED CONCRETE PTPE—.............................................................. ................ 53 10-1.17 MISCELLANEOUS CONCRETE CONSTRUCTION------.----------.. 54 l0-1.I7AEXPOSED AGGREGATE CONCRETE....................................... ................ .......... 55 lA-[l7BCOLORED CONCRETE.............................. .................................. ........... --- .... 56 10'1.17C PAVEMENT BLOCKS ON CONCRETE BASE...................................................... 57 10-1.18 MISCELLANEOUS METAL........................................................................................... 5g }A-1.l9 TRAFFIC STRIPES AND PAVEMENT MARKINGS .................................................. 59 ' 10'1.20 PAVEMENT MARKERS............................................................ ................................... 60 � SECTION 10-2. SIGNALS AND LIGHTING ...............................................................................60 10'2.01 SCHEDULING OFWORK............................................................................................. @} 10-2.07 ORDER OF WORK......................................................................................... ............... 6U 10'2J03 CONDUIT........................................................................................................................ 60 10-2.04 P[}LLB(l}{ES................................................................................................................... h| 10-2.05 CONDUCTORS AND WIRING--------.--------- .---------- 6I 10-2J06 DETECTORS-------.--------------'---.—_—.--------'' 61 ' I0'2}/7 WARRANTY AGREEMENT ------------------.~---.-------. 62 10-2.08 PAYMENT................................................ ......................................................... ............ 6n SECTION 10-3' PLANTING & XRRIGATION'..--.'...---.-.'...-.,'.--'~L~'..,',.........,,-'.--. 62 10-3.01 PLANTINGS........... ......................................................................................... .............. 62 10-3.82 IRRIGATION---------------------------~----------' 65 � � � ' ' ' , � ' - .................... ................... 0 > Lo 0 Li z tm of co M L L i 0 z z No2jj 0 7- 0 U) z z 0 Li<�- 0 z --:) W 00 X Uj to z 0 C) uj <1 >rvo V) 0 �-o V) z z LJ z 0 C) zz zzz: opq LAJ Z UJ< Ld L.Lj -j LJ S 1 t j r,7 x a r 9 V c ! V o ; -0'0 N C� , a m N oK m m r h 3 4 aa+ i >p F a N J U ! 0 r d w _ d Y w 0- .�1, N N � at m '1 -LN =Y W-0 ,. �N C � > a OM �� 0 r O o o m 4 0 as � ;.l of � m r ,ice in 1; }--• Ln N (1 E3 > Un0 W o z LZ V o U d CL O C N D M' Ol 1 a m rn r v n m m ' c ! O S ----_-.-._.._..-._--------------------------------- Project Name: OAK ROAD RIGHT TURN LANE AND SIGNAL MODIFICATIONS Project Number: 0662-684126-03 Contra Costa County Public Works Department 255 Glacier Drive, Martinez, California 94553-4897 NOTICE TO CONTRACTORS The Public Works Director will receive sealed bids at the Public Works Department, C.C. Rich Building, 255 Glacier Drive, Martinez, California 94553-4897, until 2 o'clock p.m., on Tuesday, March 16, 2004, at which time they will be publicly opened and read, for: OAK ROAD RIGHT TURN LANE AND SIGNAL MODIFICATIONS. General work description: The project consists of constructing an approximately 300 foot long right turn lane on northbound Oak Road to eastbound Treat Boulevard. Work includes;widening asphalt concrete pavement, constructing curb and sidewalk, replacing street trees and irrigation, modifying a storm drainage system, and modifying an existing traffic signal including ductwork and detector loops. Engineer's cost estimate: $140,000 A pre-bid meeting will be held on Monday, March 1, 2004, at 10:00 a.m. at the Public Works Department to cover the County's Bidder Outreach Program. Prospective bidders attendance is recommended but not mandatory. Contract Documents, including plans and specifications, may be viewed and/or obtained at the Public Works Department, C.C. Rich Building, 255 Glacier Drive, Martinez, California-94553-4897, Monday - Thursday (7:00 a.m. - 12 Noon and 1:00 p.m. - 5:00 p.m.) (closed Fridays). To obtain plans and specifications a service charge is required in the amount of $21.65 (sales tax included). Plans and specifications may be ordered by mail for an additional shipping and handling fee',of $3.00. Checks ihall be made pa—y-551e to THe County of Cont—ra--Co-sta' and be mailed to the a oVe -aUdress. T e Public Works Department does not guarantee the arrival of the plans and specifications in time for bidding. Plans and specifications will not be sent overnight mail. This project is to be advertised pursuant to Public Contract Code 22037. This contract is subject to state contract nondiscrimination and compliance requirements pursuant to Government Code, Section 12990. The Contractor shall possess a Class A or Class C-12 License at the time the Contract is awarded. Bids must cover the entire project, and neither partial nor contingent bids will be considered. The successful bidder shall furnish a payment bond and a performance bond. The Board has ascertained the general prevailing rate of wages applicable to this work. The prevailing rate of per diem wages is on file with the Clerk of the Board of Supervisors, and is incorporated herein by reference thereto, the same as if set forth in full herein. For any classification not included in the list, the minimum wage shall be the general prevailing rate for Contra Costa County. The bid opening date may be extended by addendum issued by the Public Works Department no later than Friday, March 12, 2004, in which case any bids submitted for the original bid opening will be returned unopened and sealed bid proposals for the extended bid opening shall be submitted on or before Tuesday, March 30, 2044, at 2:00 p.m., and will be opened, read and recorded at the same place specified above. All proposals received late will be returned unopened. ...................I...............................................................................................................................................-..................I..............-.--............- The said Board reserves the right to reject any and all bids or any portion of any bid and/or waive any irregularity in any bid received. For questions regarding the project contact Craig Standafer, Design Division, at(925) 313-2018. Z> By order of the Board of Supervisors of Contra Costa County John Sweeten Clerk of the Board of Supervisors and County Administrator By Deputy Dated: Publication dates: ........................... ....11.11.... ....._... ......... ......... ......... .._..... .11:11..._... _.__..... ......_.. ............_111.1. .. ....... ........ ............ .........._. ........ ..... ........ ..... . ...... ......... ........ ...... CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS SECTION 1. SPECIFICATIONS AND PLANS The work embraced herein shall be done in accordance with the Standard Specifications dated July, 2002, and the Standard Plans dated July, 2002, of the State of California, Department of Transportation, and the Standard Plans of the Contra Costa County Public Works Department insofar.as the same may apply and in accordance with the following special provisions. In case of conflict between the Standard Specifications and these special provisions, the special provisions shall take precedence over and be used in lieu of such conflicting portions. DEFINI'T'IONS AND TERMS As used herein,unless the context implies otherwise, the following terms have the following meaning: Agency. The legal entity for which the work is being performed. Board of Supervisors. The Board of Supervisors of Contra Costa County, State',of California is the governing board for the agency having jurisdiction over the work being done under this contract. County. Contra Costa County, a political subdivision of the State of California. The agency having jurisdiction over the work being done under this contract. Department. Department of Transportation Director Director of Transportation. The Board of Supervisors of Contra Costa County, State of California. Deputy DirectorTransportation En ineering, or Engineer. The Public Works Director of Contra Costa County, State of California, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. Laboratorv. The Materials and Testing Laboratory of Contra 'Costa County or Laboratories authorized by the Engineer to test materials and work involved in the contract. Standard Specifications. The 1999 edition of the Standard Specifications of the',State of California, Department of Transportation. Any reference therein to the State of California or a state agency, office or officer shall' be interpreted to refer to the County or its corresponding agency, office or officer acting under this contract. ,State. "Agency" as defined above. State Highway Engineer. The Public Works Director, Contra Costa County, State of California. Tran ortation Building. Sacramento. C. C. Rich Building, 255 Glacier Drive,Martinez, California. 1 ...........................................................................................................................................................................................1.111111111............... .................................................. SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS 2-1.01 GENERAL The bidder's attention is directed to the provisions in Section 2, "Proposal Requirements and Conditions," and Section 8-1.01, "Subcontracting," of the Standard Specifications and these special provisions for the requirements and conditions which must be observed in the preparation of the proposal form and the submission of the bid. The eighth paragraph of Section 2-1.03, "Examination of Plans, Specifications, Contract, and Site of Work," of the Standard Specifications is amended to read: When cross sections are included with the contract plans, or are available for inspection, it is expressly understood and agreed that said cross sections do not constitute part of the contract, do not necessarily represent actual site conditions or show location, character, dimensions and details of work to be performed, and are only for the convenience of bidders and their use is subject to all the conditions and limitations set forth in this Section 2-1.03. The -first paragraph in Section 2-1.07, "Proposal Guaranty," of the Standard Specifications is amended to read: All bids shall be presented under sealed cover and, if the bid is greater than $25,000, accompanied by one of the following forms of bidder's security. Cash, cashier's check, a certified check, or a bidder's bond executed by an admitted surety insurer, made payable to the Board of Supervisors of Contra Costa County, State of California. The first sentence of the last paragraph in Section 2-1.07, "Proposal Guaranty," of the Standard Specifications is amended to read: The bidder's bond shall conform to the bond form in the "Proposal and Contract" book for the project and shall be properly filled out and executed. The form of Bidder's Bond mentioned in the last paragraph in Section 2-1.07, "Proposal Guaranty," of the Standard Specifications will be found following the signature page of the proposal annexed hereto. Public Contract Code Section 7106 requires all bidders on public projects to submit a signed affidavit confirming that they have not colluded or conspired with others in the preparation of their bid. The "Non-Collusion Affidavit," attached to the proposal, is to be fully executed, notarized and submitted along with the proposal. To assist the Agency in verifying a bidder's intent to comply with Section 8-1.01, "Subcontracting," of the Standard Specifications, the bidder shall furnish upon request from the Agency copies of all subcontracts; all accepted subcontract or supplier quotes; and/or written explanation as to the bidder's plan for compliance within 48 hours of such a request. Non-compliance with such a request may be grounds for declaring a bidder non-responsive and therefore ineligible for award. 2-1.01A WARRANTY AND REPAIR AGREEMENT All improvements installed under this contract, including all road, storm drain, irrigation, traffic signal, and highway lighting system improvements and equipment shall be covered by the 2 .......... .............................................. WARRANTY AND REPAIR AGREEMENT found in the Proposal. This agreement shall be executed by the Contractor prior to the acceptance of the work as complete. SECTION 3 - OUTREACH PROGRAM/MANDATORY SUBCONTRACTING MINIMUM/AWARD AND EXECUTION OF CONTRACT SECTION 3-1.00 OUTREACH PROGRAM 3-1.01 GENERAL This project is subject to the policies and requirements established in the County's Outreach Program for the use of Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs), Other Business Enterprises (OBEs), Small Business Enterprises (SBEs), and Local Business Enterprises (LBEs). The County is committed to ensuring frill and equitable participation by minority, women, and other sub-bid or subcontracting businesses in County-funded construction projects. The Outreach Program is set forth herein. Bidders should be fully informed of this program. Bidders are encouraged to use MBE/WBE firms whenever there is a need to subcontract portions of the work. Failure to comply with the County's Outreach Program may render the bid non-responsive. 3-1.02 MBE/WBE/OBE PARTICIPTION The Outreach Program requires the bidder to make a "Good Faith Effort" to obtain sub-bid participation by MBEs, WBEs, SBEs, and LBEs which is anticipated by the County to produce levels of participation as stated in the proposal form. 3-1.03 DEFINITIONS For purposes of this program, the following definitions shall apply: A. "Minority or Women Business Enterprise (MBE or WBE)" means a business enterprise that meets both of the following criteria: 1. A business entity that is at least 51 percent owned by one or more minority persons or women or, in the case of any business whose stock is held, at least 51 percent of the stock is owned by one or more-minority persons or women; and 2. A business whose management and daily business operations are controlled by one or more minority persons or women. B. "Other Business Enterprise (OBE)" means any business that does not otherwise qualify as a Minority or Women Business Enterprise. C. `'Small Business Enterprise (SBE)" means a small business concern, as defined in Section 3 of the Small Business Act and implementing regulations (Volume 13 of the Code of Federal Regulations, Chapter 1). D. "Local Business Enterprise (LBE)" means a business that has its rain office of principal place of business within the boundaries of Contra Costa County. E. "Minority person" means African Americans; Hispanic Americans; Native Americans (including American Indians, Eskimos, Aleuts, and Native Hawaiians); Asian Pacific (including persons whose origins are from Japan, China, 'Taiwan, Korea, Vietnam, Laos, 3 ..............................................I....... .......................................... Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories oil" the Pacific and the Northern Marianas); and Asian Indians (including persons whose origins are from India, Cn Pakistan, and Bangladesh). F. "Subcontract" means an agreement between the prime contractor and an individual, firm, or corporation for the performance. of a particular portions) of the work, which the prime contractor has obligated itself G. "Subcontractor" means an individual, firm, or corporation having a direct contract with the contractor for the performance of a part of the work which is proposed to be constructed or done tinder the contract or permit, including the furnishing of all labor, materials, or -equipment. H. "Vendor and/or supplier" means a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in stock, and regularly sold to the public in the usual course of business. The firm must engage in, as its principal business, and its own name, the purchase and the sale of the products in question. A vendor and/or supplier of bulk items such as steel, cement, stone, and petroleum products need not keep such products in stock, if it owns or operates distribution equipment. 1. "Manufacturer" means a firm that operates or maintains a factory or establishment that produces on the premises the materials or supplies obtained by the contractor. J. "Trucker" means a firm that performs hauling or trucking work with trucks owned or leased by that firm. K. "Broker" means a firm that changes for providing a bona fide service such as professional, technical, consultant, or managerial services and assistance in the procurement of essential personnel, facilities, equipment, insurance or bonds, materials, or supplies required for the performance of the contract. The fee or commission is to be reasonable and not excessive as compared with fees customarily allowed for similar services. 3-1.04 CERTIFICATION AND PARTICIPATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES A. If recognition is to be given to MBE/WBE participation on this project, within two (2) working days after bid opening, an MBE/WBE must be (a) certified by the involved County department or self-certified on an appropriate form satisfactory to the County; or (b) certified by any of the following agencies ---State of California Department of Transportation (CalTrans), City of Oakland, Port of Oakland, Regional Transit Coordinating Council, San Francisco Human Rights Commission, Los Angeles County Metropolitan Transportation Commission, or U.S. Small Business Administration. Applications for certification and/or directories of MBE/WBE certified firms are available at the following locations: 4 ............. ...... ........ ................... ............- l. Contra Costa County Affirmative Action Office, 651 Pine Street, 10`h Floor, Martinez, CA 94553 Telephone: (925) 335-1045 Fax: (925) 646-1353 2. City of Oakland Office of Public Works, One City Hail Plaza, Oakland, CA 94612' Telephone: (510) 238-3970 Fax: (510) 238-3363 3. Los Angeles County Metropolitan Transportation Commission Equal Opportunity Department, 1 Gateway Plaza, Los Angeles, CA 90012 Telephone: (213) 922-2600 Fax: (213) 922-7660 4. Port of Oakland 530 Water Street,Oakland, CA 94607 Telephone: (510) 627-1100 Fax: (510) 45.1-1656 5. Regional Transit Coordination Council Includes the following agencies: AC Transit (Alameda Contra Costa Transit District) Telephone: (510) 577-8812 Fax: (510) 577-8839 Email: sandvp&acbell.net BART (Bay Area Rapid Transit District) Telephone: (510) 464-6110 Fax: (510)4614-7587 Email: jnjackl@bart.dst.ca.us County Connection(Central Contra Costa Transit Authority) Telephone: (925)676-1976 Fax: (925)686-2630 Email: mdrig—alr cecta.org Metropolitan Transportation Commission Telephone: (510) 646-7750 Fax: (510) 464-7848 Email: imi asfa mtc.dst.ca.us Samtrans (San Mateo County Transit District) Telephone: (650) 508-6417 Fax: (650) 508-6415 5 ................................ ............. Sap.Francisco Municipal Railway Telephone: (415) 923-6139 Fax: (415) 923-6180 Santa Clara Valley Transportation Authority Telephone: (408) 321-5606 Fax: (408) 955-0892 Email: atidy.flores@vta.org 6. San Francisco Human Rights Commission 25 Van Ness Avenue, Suite 800, San Francisco, CA 94102-6033 Telephone: (415) 252-2500 Fax: (415) 4')1-5764 Web Page: http://,,v,,vw.sthLimanxights.ortz (Note: Firm must be listed on their certification list, not their registry). 7. CalTrans (California Department of Transportation) Division of Civil Rights, 1120 N Street, Room 2445, Sacramento, CA 95814 Web Page: http://wvvw.dot.ca.,eov/hq 8. U.S. Small Business Administration Regional Office, 71 Stevenson Street, 20"' Floor, San Francisco, CA 94105- Telephone: (415) 744-6808 Web Page: http://vpvw/zQvcon.com B. This applies to recognition as an MBE/WBE, 1. All listed MBE or WBE firms must be certified as defined under the proceeding paragraph before credit may be allowed toward the respective MBE or WBE participation level 2. Work performed by a prime contractor will be considered for credit in computing any level of anticipated MBE/WBE participation established for this project. The prime contractor will be required to make a good faith effort to obtain certified MBEs/WBE through subcontracting to reach anticipated participation levels. 3. A listed MBE or WBE firm must perform a commercially useful ftinction i.e., must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing, and supervising the work. 4. Recognition for materials and/or supplies is limited to 60 percent of the amount to be paid to the vendor for such materials/ supplies in computing the levels of MBE/WBE participation, unless the vendor manufactures or substantially alters the materials/supplies. 5. MBE/WBE credit shall not be given to a Joint Venture partner listed as a subcontractor by a Joint Venture bidder. 6. MBE/WBE credit for brokers required for performance of the contract is limited to the reasonable fee or commission charged, as not considered excessive, as compared with fees customarily allowed for similar services. 6 .............. ........................ ........ ............. ........... .................................''I'll''....... ................................ 3-1.05 GOOD FAITH EFFORT DOCUMENTATION The bidder must take affirmative steps prior to bid opening to ensure that a maximum effort is made to recruit sub-bidder/subcontractors, Minority and women-owned and controlled business must be considered along with other business enterprises whenever possible as sources of supplies, construction, and other services. The required affirmative steps for Good Faith Effort documentation are outlined below. It is a policy of Contra Costa County to provide all MBEs, WBEs, OBEs, SBEs and LBEs an equal opportunity to participate in the performance of all County contracts. Bidders must assist the County in implementing this policy by taking all reasonable steps to ensure that all qualified business enterprises, including MBEs, WBEs, OBEs, SBEs and LBEs have an equal opportunity to compete for and participate in County contracts. A bidder's good faith efforts to reach out to MBEs, WBEs, OBEs, SBEs and LBEs (subcontractors, suppliers, manufacturers, truckers, etc.) will be determined by the Board of Supervisors from written documentation of the level of effort put into achieving the indicators. Failure to meet anticipated MBE/WBE participation levels will not by itself be the basis for disqualification or determination of noncompliance with this policy. Howe I ver, failure to include supporting documentation of a good faith effort and failure to achieve a minimum of 75 out of 100 Good Faith Effort evaluation points may render the bid non-responsive and may result in its rejection. Adequacy of bidder's good faith effort will be determined after consideration of the indicators of good faith as set forth below. Indicator 1 2 31 4 6 7 1 8-1 91101 , Total Points 1 01 _10l 13 9 10 10 .5 ]10 1 26 7 100 Each indicator (2-10) is evaluated on a pass1fail basis, ie., either full or zero points can be achieved for compliance with each item I LEVEL OF ANTICIPATED MBE/WBE PARTICIPATION No Points The bidder has made a good faith effort to obtain sub-bid participation by MBEs, WBEs, OBEs, SBEs, and LBEs which could be expected by the County-to produce a reasonable level of-participation by interested business enterprises, including the anticipated levels of MBE and WBE participation set forth in the proposal form and to have the bidder meet the Mandatory Subcontracting Minimum for the project. ATTENDED PRE-BID MEETING 10 Points The bidder has attended the pre-bid meeting scheduled by the County to inform all bidders of the requirements for the project for which the contract will be awarded. This requirement may be waived only if the bidder certifies in writing prior to the pre-bid meeting that it was already informed as to those project requirements. Required Doeumentation: a) Attend pre-bid meeting and be listed on the attendance sheet; or b) Submit a letter prior to the pre-bid meeting either by fax to (925) 313-2444 Attn: Construction Division or by mail to Construction Division, Contra Costa County Public Works Department, 255 Glacier Drive, Martinez, CA 94553. 7 ............. .................................................... SUFFICIENT WORK IDENTIFIED FOR SUBCONTRACTORS 13 Paints The bidder has identified, listed and selected specific work items in the project to be performed by sub-bidders/subcontractors in order to provide an opportunity for participation by MBEs, WBEs, OBEs, SBEs, and LBEs. Upon making this determination, the bidder subdivided the total contract work requirements into smaller portions or quantities to permit maximum active participation of MBEs, WBEs, OBEs, SBEs, and LBEs. - Required Documentation: Proof of this must be demonstrated in either Indicator 4 or 5. 41 ADVERTISEMENT 9 Points Not less than ten (10) calendar days prior to bid opening, the bidder advertised for sub-bids from interested business enterprises in one or more daily or weekly newspapers, trade association publications, minority or trade oriented publications, trade journals, or other media, specified by the County, such as the Daily Construction Service, the Daily Pacific Builder, or the Small Business Exchange. Required Documentation: A copy of the advertisement and a proof of publication statement or other verification, which confirms the date the advertisement was published. Note: The advertisement must be specific to the project, not-generic, and may not be a plan holder advertisement provided by the publication. It should include the County project name, name of bidder, areas of work available for subcontracting, and a contact person's name and telephone number, information on the availability of plans and specifications and the bidder's policy concerning assistance to subcontractors in obtaining bonds, lines of credit, and/or insurance. Consideration will be given to the wording of the advertisement to ensure that it did not exclude or seriously limit the number of potential respondents. 1 5_I WRITTEN NOTICES TO SUBCONTRACTORS 10 Points The bidder has provided written notice of its interest in receiving sub-bids on the contract to those subcontractors, suppliers, manufacturers, and truckers, including MBEs, WBEs, OBEs, SBEs, and LBEs having an interest in participation in the selected work items. All notices of interest shall be provided not less than ten (10) calendar days prior to the date the bids are required to be submitted. Required Documentation- A copy of each letter sent to available MBEs, WBEs, OBEs, SBEs, and LBEs for each item of work to be performed. If there is only one master notification, then a copy of the letter along with a listing of all recipients will suffice. Faxed copies must include the fax transmittal confirmation slip showing the date and time of transmission. Mailed letters must include copies of the metered envelopes or certified mail receipts. Letters must contain: areas of work to be subcontracted; County project name; name of the bidder; contact person's name, address, and telephone number; information on the availability of plans and specifications; and the bidder's policy concerning assistance with bonds, lines of credit, and insurance. Note: This written notice can be used to satisfy Indicators 3, 7, and 10. ............................................................. CERTIFICATION AGENCIES (Bidders should contact the agencies listed in Paragraph -1.04A above to obtain current copies of MBE/WBE directories for listings of certified MBE/WBE firms.) 6 FOLLOW-UP ON INITIAL SOLICITATION 10 Points The bidder has documented efforts to follow-up initial solicitations made in Indicator #5 by- contacting ycontacting the MBEs, WBEs, OBEs, LBEs, and SBEs to determine with certainty whether said businesses were interested in performing specific portions of the project work, to;answer any questions from them, to record any telephone quotes, and to confirm/record the business' interest in bidding on the project. Required Documentation: A copy of telephone lobs. These logs must include the name of the company called, telephone number, contact person, who did the calling, time, date, and the result of the conversation. Bidder must follow-up with all subcontractors to whom they sent letters. 7 PLANS, SPECIFICATIONS AND REQUIREMENTS 5 Points. The bidder has provided interested sub-bid enterprises with information about the plans, specifications, and requirements for the selected sub-bid,'subcontracting work. Required Documentation: Include in Indicator 4 or 5, information detailing how, where, and when the bidder will make the required information available to interested subcontractors. 8 CONTACTED RECRUITMENT/PLACEMENT 10 Points ORGANIZATIONS The bidder has requested assistance from organizations that provide assistance in the recruitment and placement of MBEs, WBEs, OBEs, SBEs, and LBEs not less than fifteen (15) ;calendar days prior to the submission of bids. Any organizations that have been contacted must be listed in the required documentation. Required Documentation: A copy of each letter sent to outreach agencies requesting assistance in recruiting MBEs, WBEs, OBEs, SBEs, and. LBEs. Faxed copies must include the fax transmittal confirmation slip showing the date and time of transmission. Mailed letters must include copies of the metered envelopes or certified mail receipts. Letters must contain areas of work to be subcontracted, County project name, name of the bidder, and contact person's name, address, and telephone number. 9 NEGOTIATE IN GOOD FAITH 26 Points The bidder has negotiated in good faith with interested MBEs, WBEs, OBEs, SBEs, and LBEs and did not unjustifiably reject as unsatisfactory bids or proposals prepared by any enterprise, as determined by the County. Required Documentation: a) Copies of all MBE/WBE/OBE/SBE/LBE bids or quotes received; and b) Summary sheet organized by work area, listing the bids received, the name of the company that submitted the bid, the dollar amount of the bid and the subcontractor selected for that work area. If the 9 bidder elects to perform a listed work area with its own forces, they must include a bid that shows their own costs for the work. 10 BOND, LINES OF CREDIT, AND INSURANCE ASSISTANCE 7 Points The bidder has documented efforts to advise and assist interested MBEs, WBEs, OBEs, SBEs, and LB£s in obtaining bonds, lines of credit, and insurance required by the County or contractor. Required .Documentation: Include in Indicator 4 or 5, information about the bidder's efforts to assist with bonds, lines of credit, and insurance. 3-1.05A GOOD FAITH EFFORT DOCUMENTATION SUBMITTAL No later than two (2) working clays fallowing bid opening, the bidders shall submit completed good faith effort documentation to the County. In its review of the good faith effort documentation, the County may request additional information to validate and/or clarify that the good faith effort submission was adequate. Such information shall be submitted promptly upon request by the County. For MBE/WBE firms to be used on the project, the bidder shall submit, within two (2) working days after bid opening, a completed "Letter of Intent" form for each such firm (see sample form attached to the Proposal). Use of the form will verify the amount of work each MBE/WBE subcontractor, supplier,manufacturer, or trucker intends to perform.The form shall be signed by the MBE/WBE subcontractor, supplier, manufacturer, or trucker identifying the item(s) of work to be performed and the actual dollar value to be received. 3-1,06 AWARD OF CONTRACT The Board reserves the right to reject any and all bids. The award of a contract will be to the lowest responsive, responsible bidder whose proposal complies with all requirements prescribed herein. This includes compliance with the required Outreach Program. A positive and adequate demonstration to the satisfaction of the Board of Supervisors that a good faith effort to include MBE/WBE/OBE/SBE/LBE subcontractors' participation was made is a condition for eligibility for award of the contract. In the event that the Board considers awarding away from the apparent low bidder because of the bidder's failure to supply adequate good faith effort documentation, the County shall afford the 'bidder an opportunity to present further evidence prior to award of contract. The Board specifically reserves the right, in its sole discretion, to waive any of the time requirements set forth in Section 3 and to waive any other irregularities relating to compliance with the County's Outreach Program. 3-1.07 SUBCONTRACTOR SUBSTITUION In addition to the requirements set forth in the provisions pertaining to the listing of subcontractors the following shall apply for the purpose of this program: A. Substitution During Construction: The contract award requires that the, level of all subcontractor participation shall be maintained throughout the duration of the contract. 10 I. The Contractor shall request advance approval for all substitutions of bid-listed subcontractors. 2. The request shall be in writing and submitted to the County. The request shall give the reason for the substitution, the name of the subcontractor, supplier, trucker, or manufacturer, and the name of the replacement. B. MBE/WBE Sub-bidder/Subcontractor Substitution: The County requires that whenever the Contractor seeks to substitute a bid,-listed MBEIWBE subcontractor,:, supplier, manufacturer, or trucker, the Contractor must make a good faith effort to replace the MBE/WBE with a firm of the same certification status (i.e., MBE for MBE and WBE for WBE). l. The Contractor shall call at least two (2) certified :VIBE or WBE sub-bid prospects from each trade for which sub-bid/subcontracting work is available and document the followingfor submittal: Name of the company called; contact person and telephone number; elate and time of contact. Response for each item of work that was solicited, including dollar amounts. Reason for selection or rejection of sub-bid prospect. 2. The Contractor shall submit all documentation of good faith efforts, to the County for. review and approval by the County Administrator's Office. 3-1.08 SUB-AGREEMENT FALSIFICATION Falsification or misrepresentation of a sub-agreement as to company name, contract amount, and/or actual work to be clone by the sub-bidder/subcontractor will result in sanctions set 'forth in provisions pertaining to listing of subcontractors. 3-1.09 FINAL SUBCONTRACTING REPORT SUBMITTALNERIFICATION OF PERFORMANCE FORMS The Contractor must submit the Final Subcontracting Report to the County Affirmative Action Office within fifteen (15) calendar days after the final inspection of the contract work by the County. Failure to comply may result in the assessment of liquidated damages in the amount of five hundred dollars ($500.00) per calendar day by the Board of Supervisors. Upon completion of work, the Contractor shall submit a completed "Verification of Performance's form (see sample form attached to the Proposal) for each MBE/WBE prime contractor, subcontractor, supplier, manufacturer, or trucker used on the project or listed in the bid. The form shall be signed by the MBE/WBE identifying the item(s) of work performed and the actual dollar amount received. Final payment for work dome may be withheld until all MBE/WBE Verification of Performance forms are received. The Prime Contractor must explain in writing any 'total dollar' amounts paid to MBEIWBE subcontractors, suppliers, manufacturers, or truckers that are less than the dollar amounts shown on the respective Letter of Intent. 11 ...................................................... ...................................... 3-1.10 REVIEW OF RECORDS Upon request, the Contractor and its subcontractors and truckers shall promptly make available, for review by the County Administrator's Office, certified payroll records and copies of purchase orders, invoices, and/or contracts from suppliers and manufacturers. 3-1.11 PROMPT PAYMENT The Contractor shall make prompt payment to its subcontractors, truckers, suppliers, and manufacturers in accordance with their contracts and legal relationships. SECTION 3-2.00 MANDATORY SUBCONTRACTING MINIMUM 3-2.01 GENERAL This project is subject to the policies and requirements established by the Board of Supervisors Outreach Program-Construction. The County is committed to maximizing subcontracting opportunities in the provision of all goods and services to the County on a contractual basis. The Outreach Program is set forth herein. Bidders should be fully informed of this program. Failure to comply with the Mandatory Subcontracting Minimum requirements may render the bid non-responsive. 3-2.02 MANDATORY SUBCONTRACTING MINIMUM PARTICIPATION LEVEL To be eligible for award of this project, the Board of Supervisors requires the bidder to subcontract a minimum percentage of its bid, which is stated in the proposal form, to any qualified available contractor, and list all subcontractors, regardless of amount, that the bidder wishes to be credited toward achieving the required MSM. Failure to list the subcontractors and subcontracting amounts with the bid on the form provided in the proposal, sufficient to meet or exceed the required MSM, may cause the bid to be rejected by the Board of Supervisors as non-responsive. 3-2.03 DEFINITIONS For purposes of this program, the following definitions shall apply: A. "Subcontractor" means an individual, firm or corporation having a direct contract with the contractor for the performance of a part of work which is proposed to be constructed or done under the contract or permit, including the furnishing of all labor, materials, or equipment. B. "Subcontract" means an agreement between the prime contractor and an individual, firm or corporation for the performance of a particular portion(s) of the work, which the prime contractor has obligated itself. C. "Vendor and/or supplier" means a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in stock, and regularly sold to the public in the usual course of business. The firm must engage in, as its principal business, and its own name, the purchase and sale of the products in question. A supplier of bulk items such as steel, cement,-stone and petroleum products need not keep such products in stock, if it owns or operates distribution equipment. 12 ........... D. "Manufacturer" means a firm that operates or maintains a factory or establishment that produces on the premises the materials or suppliers obtained by the contractor. E. "Broker" means a firm that charges for providing a bona fide service, such as professional, technical, consultant or managerial services and assistance in the procurement of essential personnel, facilities, equipment, insurance or bonds, materials or j supplies required for performance of the contract. The fee or commission is to be reasonable and not excessive as compared with fees customarily allowed for similar services. 3-2.04 MSM PARTICIPATION RECOGNITION A. Work performed by a prime contractor will not be considered for credit toward the, MSM participation level. B. MSM credit for materials and/or supplies is limited to 60 percent of the amount to be paid to the vendor for the materials/supplies. C. MSM credit for a vendor who substantially alters materials/supplies and/or is a manufacturer will be 100 percent. D. MSM credit for brokers required for performance of the contract is limited to the reasonable fee or commission charged, as not considered excessive, as compared with fees customarily allowed for similar services. E. MSM credit shall not be given to a Joint Venture partner listed as a subcontractor by a Joint Venture bidder. SECTION 3-3.00 EXECUTION OF CONTRACT 3-3.01 AWARD OF CONTRACT The second paragraph of section 3-1.01, "Award of Contract", of the Standard Specifications is superseded by the following special provision: The award of the contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed herein, including without limitation the requirements for a Project Labor Agreement if required (see Section 5-1.02) and the Outreach Program and Mandatory Subcontracting Minimum requirements. Such award, if made, will be made within the time period during which bids may not be withdrawn as specified in the Notice to Contractors. The award of the contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed herein within 37 days after the opening of the proposals for contract bid amounts under S 1,000,000 and within 90 days for contract bid amounts equal to or exceeding $1,000,000, which require a Project Labor Agreement. This period will be subject to extension for such further period as may be agreed -upon in writing between the Department and the bidder concerned. 3-3.02 BONDS Contractor shall provide, at the time of the execution of the agreement or contract for the work, and at no additional expense to the Agency, a surety bond executed by an admitted surety insurer in an amount 13 .......... ............................................................- ............................... I I I equal to at least one-hundred percent (100%) of the contract price as security for the faithfid performance of said agreement. Contractor shall also provide, at the time of the execution of the agreement or contract for the work, and at no additional expense to the Agency, a separate surety bond executed by an admitted surety insurer in an amount equal to at least one-hundred percent(100%)of the contract price as security for the payment of all persons performing labor and furnishing materials in connection with said agreement. Sureties on each of said bonds shall be satisfactory to the Agency. 3-3.03 INSURANCE AND INDEMNIFICATION Sections 7-1.12 "Indemnification and Insurance" through 7-1.12B(6),. "Miscellaneous", of the Standard Specifications are superseded by the following special provisions. 3-3.03A INSURANCE REQUIREMENTS Before performing any work pursuant to the Agreement (Contract), the Contractor, and its subcontractors, shall, at no additional expense to the Agency, obtain and maintain in force during the entire term of the contract and until acceptance of the completed job the following insurance: With Respect to the Contractor's Operations: 1. Worker's Compensation Insurance pursuant to State Law, including Employer's Liability. 2. Comprehensive or Commercial General Liability Insurance, including coverage for blanket contractual, owners' and contractors' protective and broad form property damage liability, with a minimum combined single limit coverage of one million dollars for all damages because of bodily injury, sickness, disease, or death to any person and damages to property including the loss of use thereof arising out of each accident or occurrence. 3. Comprehensive Motor Vehicle Liability Insurance, including coverage for motor vehicles, owned, non-owned, leased or hired by or on behalf of the contractor with a minimum combined single limit of one million dollars for all damage because of bodily injury or death to any person and damages to property including loss of use thereof arising out of each accident or occurrence. With Respect to Subcontractor's Operations: 1. Worker's Compensation Insurance pursuant to State law. 2. Comprehensive Motor Vehicle Liability Insurance, including coverage for motor vehicles owned, non-owned, leased, or hired by or on the behalf of the subcontractor with a minimum combined single limit coverage of$500,000 for all damages because of bodily injury or death to any person and damage to property including the loss of use thereof arising out of each accident or occurrence. Additional Insurance Policy Requirements Such insurance as is afforded by the policy to the Contractor for Comprehensive or Commercial Liability Insurance shall include coverage for property damage caused by blasting, collapse, structural injuries or damage to underground -utilities. The policy shall not contain the so-called "x" "c" "u" exclusions. The minimum limits of liability for this insurance are as follows: $500,000 $1,000,000 Bodily Injury Liability Each Person Each Occurrence 14 ......................... ...................... ..................................................... $250,000 $500,000 Property Damage Liability Each Aggregate Occurrence Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve the Contractor for liability in excess of that coverage, nor shall it preclude the Agency from taking such other actions as is available to it under any other provision of this contract (except retainage of money due the Contractor) or otherwise in law. Regarding Comprehensive or Commercial General Liability and lvlotor Vehicle Liability Insurance, the policy or policies and the riders attached thereto or the certificates for the policies or riders shall name the Agency, and those agencies or individuals lined in Section 6, "ADDITIONAL INSUREDS, WORKING DAYS, AND LIQUIDATED DAMAGES," of these special provisions and their respective officers, agents, employees, representatives, governing body, commissioners and volunteers as additional insureds. All insurance policies shall include a provision for 30 days' written notice to the Agency of cancellation or material change. The insurance hereinabove specified shall be in the form satisfactoryto the Agency, shall be placed with an insurance company or companies authorized to transact business in the State of California and satisfactory to the Agency, and shall be kept in full l force and effect until completion to the satisfaction of the Agency and acceptance by the Agency of all of the work to be performed by the Contractor under the Agreement(Contract). The Contractor shall furnish, or cause to be furnished to the Agency, evidence of insurance in the form approved by the Agency. Insurance brokers that issue certificates of insurance and/or endorsements on behalf of the insurance companies must demonstrate to the satisfaction of the Agency that they are an authorized agent of the insurance company having the power to amend the policies to conform to this contract's requirements_ 3-3.03B HOLD HARMLESS AND INDEMNIFICATION The Agency and those agencies or individuals listed in Section 6, "ADDITIONAL INSURED, WORKING BAYS, AND LIQUIDATED DAMAGES" of these special provisions including their respective officers, agents, commissioners, employees, representatives, governing body and volunteers, shall not be answerable or accountable in any manner: for any loss or damage that may happen to the work or any part thereof; for any loss or damage to any of the materials or other things used or employed in performing the work; for injury to or death of any person, either workers or the public, or for damage to property from any cause which might have been prevented by the Contractor, or the Contractor's workers, or anyone employed by the Contractor. The Contractor shall be responsible for any liability imposed by law; and for injuries to or death of any person including but not limited to workers and the public, or damage to property resulting from defects or obstructions or from any cause, whatsoever during the progress of the work or at any time before its completion and final. acceptance. The Contractor, and its subcontractors, shall indemnify, defend, save, ',protect and hold harmless the Agency and those agencies or individuals listed in Section 6 "ADDITIONAL INSURED, WORKING DAYS, AND LIQUIDATED DAMAGES" of these special provisions' including their respective officers, agents, commissioners, employees,,representatives, governing body and volunteers,; from all claims, suits or actions of every name,'kind and description, brought forth, or on account of, injuries to or death of any person including but not limited to workers and the public, or damage to property resulting from the performance of a contract, 15 .............-...........-............... ..............-.....- except as otherwise provided by statute. The duty of the Contractor to indemnify, defend, save, protect and hold harmless includes the duties to defend as set forth in Section 2778 of the Civil Code, With respect to third party claims against the Contractor, the Contractor waives any and all rights to any type of express or implied indemnity against the Agency, its officers or employees. It is the intent of the parties that the Contractor will indemnify, defend, save, protect and hold harmless the Agency and those agencies or individuals listed in Section 6, "ADDITIONAL INSURED, WORKING DAYS, AND LIQUIDATED DAMAGES" of these special provisions including their respective officers, agents, commissioners, employees, representatives, governing body and volunteers, from any and all claims, suits or actions as set forth above regardless of the existence or degree of fault or negligence on the part of the Agency, the Contractor, the subcontractor or employee of any of these, other than the active negligence of the Agency, its officers and employees. In addition to any remedy authorized by law, so much of the money due the Contractor under and by virtue of the contract as shall be considered necessary by the Agency may be retained until disposition has been made of such suits or claims for damages as aforesaid. The retention of money due the Contractor shall be subject to the following: 1. The Agency will give the Contractor 30 days notice of its intention to retain ftinds from any partial payment that may become due to the Contractor prior to acceptance of the contract. Retention of funds from any payment made after acceptance of the contract may be made without prior notice to the Contractor. 2. No retention of additional amounts out of partial payments will be made if the amount to be retained does not exceed the amount being withheld from partial payments pursuant to Section 9-1.06, "Partial Payments" of the Standard Specifications, 3. If the Agency has retained funds and it is subsequently determined that the Agency is not entitled to be indemnified and saved harmless by the Contractor in connection with the matter for which the retention was made, the Agency shall be liable for interest on the amount retained at the legal rate of interest for the period of the retention. The Agency will consider proposals by the Contractor to enter into special arrangements, such as posting, securities or bonds acceptable to the Agency, in lieu of the retention of funds. The special arrangements shall be in writing, and approved by the surety on the performance bond and by the surety on the payment bond. No funds will be retained or continue to be retained tinder the following condition: The Contractor establishes to the satisfaction of the Agency that at the time of the accident or occurrence giving rise to a claim or lawsuit against the Agency, the Agency or its officers and employees, the Contractor had in full force and effect the insurance coverage described in the "fNSURANCE REQUIREMENTS" section of these special provisions. Nothing in the contract is intended to create the public or any member thereof a third party beneficiary hereunder, nor is any term and condition or other provision of the contract intended to establish a standard of care owed to the public or any member thereof. 3-3.04 EXECUTION OF AGREEMENT (CONTRACT) The following is added to Section 3-1,03, "Execution of Contract," of the Standard Specifications. A sample copy of the Agreement(Contract) is contained in the Proposal and Contract book. The submittal of the Agreement (Contract) to the Contractor for execution shallconstitute notice of contract award. The Contractor shall sign the Agreement (Contract) and return it'to the Engineer together with: 1. The originals and one copy of each of the contract bonds specified in these special provisions. 2. One of the following: a. Two copies of a certificate of consent to self-insure issued by the Director of Industrial relations of the State of California. b, Two copies'of a certificate of worker's compensation insurance issued by an admitted 'insurer. c. Two copies of a certificate of worker's compensation insurance, certified, by the Director of Industrial Relations of the State of California or the insurer. 3. Either of the following: a. Two certified copies of the Contractor's insurance policies specified in these special provisions. b. Two copies of certificates of insurance for the Contractor's insurance policies specified in these special provisions. The Agency will review the contract documents and, if in order, will notify the Contractor that the contract has been approved within five working days after the contractor submits the documents to the Agency. SECTION 4. BEGINNING OF STORK AND TIME OF COMPLETION 4-1.01 GENERAL Attention is directed to the provisions in Section 8-1.03), "Beginning of Work," and in Section 8-1.06; "Time of Completion," of the Standard Specifications and these special provisions. The first paragraph of Section 8-1.03, "Beginning of Work," of the Standard Specification is amended to read: The first working day shall be no later than 27 calendar days from contract award by the Board of Supervisors. The Contractor and Engineer may revise the start of work date if they mutually agree and the Engineer confirms in writing, Even though the counting of working days may have begun, in no case will the Contractor be allowed to begin work before the pre-construction conference is held. All specified submittals shall be furnished to the Engineer at, or prior to, the preconstruction conference. All specified approvals contained in the Standard Specifications and these special provisions shall be obtained prior to the beginning of work. After starting work, the Contractor shall diligently prosecute the work to completion within the time limit provided in Section b, "ADDITIONAL INSUREDS, WORKING DAYS, AND LIQUIDATED DAMAGES," of these special provisions. 4-1.02 PRE-CONSTRUCTION CONFERENCE Prior to the beginning of work, a pre-construction conference will be held at 255 Glacier Drive, Martinez, California, for the purpose of discussing with the Contractor the scope of work, contract' drawings, ,Specifications, existing conditions, materials to be ordered, equipment to be used, and all essential matters pertaining to the prosecution of and the satisfactory completion of the project as required. The pre-construction conference shall be held within 10 days of contract award. The Contractor's representatives at this conference shall include all .major superintendents for the`work and may include major subcontractors, 17 ..........1.11,....................................I............................................. ..................................................-... The following submittals shall be presented to the Engineer at the pre-construction conference and will be required before work can begin: 1. Progress schedule usingworking days format. 2. The on-site authorized representative (and home phone number) who shall have complete authority to present the contractor. 3. A list naming each official (with title) who is authorized to sign contract change orders, daily extra work reports, and the final pay estimate. 4. Three copies of a list of all the materials that are to be used on the project, their source, and the name(s) and address(es) of the supplier(s). Please identify each material by contract item number and name. 5. A statement giving the name and address of each subcontractor together with the item number, description, unit cost, and total cost of each item to be subcontracted. 6. A list giving the description, identification number, make, model number, and other necessary information for each piece of equipment to be used on this project. (Do not send listing of all items in equipment pool) 7. Two copies of the "Storm Water Pollution Protection Plan" if required by these special provisions. 8. Any other submittals and/or approvals required by the Standard Specifications and these special provisions. 9. A list of first tier subcontractors, suppliers, manufacturers, or truckers for which a "Verification of Performance" form will be required by these special provisions. 4-1.03 ARCHAEOLOGICAL DISCOVERIES andlor HISTORICAL DISCOVERIES All personnel connected with the project shall be informed of the possibility of finding archaeological and/or historical resources (e.g., human or structural remains, artifacts, rock mortars, hearths, ovens, trash pits, bone, or shell fragments) at the work site. All articles of archaeological and/or historical interest uncovered by the Contractor during the progress of the work shall be reported immediately to the Engineer. All work shall be halted within approximately 85 ft radius of the find and shall not be resumed until so permitted, in writing, by the Engineer. All resources found during project activities are the property of the Agency. The California Public Resources Code, Chapter 1.7, Section 5097.5, makes it a misdemeanor for anyone to knowingly disturb a historical feature. The California Public Resources Code, Sections 5097.98 and 5097.99 and Health and Safety Code 7050 require coordination with the Native American Heritage Commission (NAHC). The California Administrative Code, Title 14, Section 4307, mandates that no person shall disfigure any object of historical interest or value. The California Penal Code, Title 14, Part 1, Section 622-1/2 makes it a misdemeanor to destroy anything of historical value within any public place. The Agency shall retain a cultural resources consultant to ascertain the nature and extent of the discovery. Measures recommended by the cultural resources consultant and approved by the Agency shall be incorporated in the project. The Contractor is to cooperate with the cultural resources consultant with regard to late discovery and evaluation of archaeological and/or historical resources. Contractor labor, equipment, and/or materials required in assisting the cultural resources consultant and as directed by the Engineer, will be paid as extra work as provided in Section 4-1.03D of the Standard Specifications. Any delays to the Contractor's operations as a direct result of the archaeological and/or historical discoveries during construction will be considered right-of-way delays within the meaning of Section 8- .......... -—------- ..................I...........I..................- ....................................... 1.09, "Right-of-Way Delays," of the Standard Specifications, and compensation for such delay will be determined in accordance with said section. The Contractor shall be entitled to no other compensation for any such delay. SECTION 5. GENERAL SECTION 5-1. MISCELLANEOUS 5-1.01 LABOR NONDISCRIMINATION Attention is directed to the following Notice that is required by Chapter 5 of Division 4 of Title 2, California Code of Regulations. NOTICE OF REQUIREMENT FOR NONDISCRIMINATION PROGRAM (GOV. CODE,SECTION 12990) Your attention is called to the "Nondiscrimination Clause", set forth in Section 7-1.01A(4), "Labor Nondiscrimination," of the Standard Specifications, which is applicable to all nonexempt State contracts and subcontracts, and to the "Standard California Nondiscrimination Construction Contract Specifications" set forth therein. The specifications are applicable to all nonexempt State construction contracts and subcontracts of$5000 or more. 5-1. 02 AFFIRMATIVE ACTION AND EQUAL EMPLOYMENT OPPORTUNITY The Contractor shall pay special attention to Section 7-1.01A (4), "Labor Nondiscrimination" of the Standard Specifications and these special provisions. 5-1.02 A. Employment Goals.--On contractsof$1,000,900 or more it shall be the goal of each Contractor and subcontractor to ensure that the composition of all persons employed s cifically for the purpose of completing this contract shall reflect the 25.7 percent overall minority composition of the labor force of Contra Costa County and a 6.9 percent of the labor force for women employed specifically for the purpose of completing this contract. This requirement does not apply to current employees used on this contract. The Contractor shall make a maximum effort to achieve this employment goal within each trade by ensuring that the percentage of total hours worked within each trade by persons who are members of minority groups are in proportion to the overall minority composition of the Contra Costa County labor force population. The goals shall apply to the Contractor and all subcontractors regardless of how they are selected. 5-1.02 B. Specific Affirmative Action Steps.--No Contractor or subcontractor shall be found to be in noncompliance solely on account of its failure to meet these goals. The Contractor and subcontractors shall be given the opportunity to demonstrate that they have instituted these Specific Affirmative Action Steps and have made every "good faith" effort to make these steps work toward the attainment of the above employment goals. The Contractor shall inform its subcontractors of their respective obligations under the terms and requirements of these special,provisions. The Contractor's and subcontractors' Affirmative Action Program must incl,ude specific affirmative action steps to increase minority and women utilization. Any Contractor who fails to meet the employment goals outlined in Section 5-1.02A "Employment Goals", above, must demonstrate to the satisfaction of the Contract Compliance Officer that a good faith effort was made to meet these goals. This effort must be at least as extensive and specific as the following: 19 .................................................... 1) The Contractor shall notify the union (hiring hall) in writing that the employment goal of this project is not being met, and the Contractor shall solicit the union's assistance in meeting the specified goals. 2) The Contractor shall make specific and continuing personal recruitment efforts, both written and oral, directed at minority, female and community organizations, schools with minority and female students, minority and female recruitment organizations, and minority and female training organizations within the greater San Francisco Bay Area. 3) The Contractor shall notify the Contract Compliance Officer whenever the union or unions with whom the Contractor has a collective bargaining agreement have not referred to the Contractor a minority person or female in response to a request sent by the Contractor to the union or whenever the Contractor has other information that the union referral process has impeded the Contractor's efforts to meet the specified employment goals. 4) The Contractor shall actively participate as an individual or through an association in joint apprenticeship programs, and the Contractor shall, where reasonable, develop on-the- job training opportunities and programs, which expressly include minorities and females. 5) The Contractor shall solicit and sponsor members of minority groups and females for pre-apprenticeship training. 6) The Contractor shall demonstrate an effort to cooperate with the unions with which the Contractor has agreements in the development of programs to assure qualified members or minority groups and females of equal opportunity in employment in the construction trades. 7) The Contractor shall maintain a file of the names, addresses and telephone numbers of minority and female workers referred to said Contractor, what actions were taken with respect to each referred worker, and if the worker was not employed, the reasons why. For each such worker not employed by the Contractor, the Contractor's file shall document the reasons. 8) The Contractor shall establish and maintain a current list of minority and female recruitment sources, and shall notify community organizations that the Contractor has employment opportunities available, and shall maintain the records of organizations' responses. The Contractor shall make a specific effort to encourage its current employees to recruit any qualified minority and female workers. 9) The Contractor shall disseminate an Equal Employment Opportunity (EEO) policy within the Contractor's own organization by including it in any policy manual and collective bargaining agreement; by publicizing it in company newspapers and annual reports; by conducting staff and employee representative meetings to' explain and discuss policy; by posting of the policy; and by specific review of the policy with minority and female employees. 10) The Contractor shall disseminate an EEO policy externally by providing notice of the policy to the unions and training programs and requesting their cooperation in assisting the informing and discussing it with all recruitment Contractor in meeting EEO obligations; by info wi 20 ................. ............................................ ...........I..........................I...................I....................... ............................................................................................ . ........................... .................... sources; by advertising in the news media, specifically including minority and female news media; by notifying and discussing it with all subcontractors and suppliers. ?V 11) The Contractor shall ensure that all facilities and company activities are nonsegregated. If necessary, changing facilities shall be provided to assure privacy between the sexes. 12) The Contractor shall conduct, at least annually, an inventory ry and evaluation of all minority and female personnel for promotional opportunities and encourage such employees to seek or to prepare for,through appropriate training, etc., such opportunities. 13) The Contractor shall review, at least annually,the company's EEO policy. Upon request by the Contract Compliance Officer, the Contractor shall hall provide copies of documentation that a good faith effort was made. 5-1.02 C. ReportLay,Requirements.--The provisions in Section 7-1.01A(4), "Labor Nondiscrimination", of the Standard Specifications are amended as follows: Each employee shall be identified as to minority or non-minority status and as to gender on the copy of all payrolls submitted weekly to the Contract Compliance Officer. Such payroll records shall be submitted on U.S. Department of Labor Payroll Report Form WH-347 (or other form approved by the project Contract Compliance Officer) and in accordance with Section 1776 of the Labor Code. 5-1.02 D. Enforcement.--The Contract Compliance Officer will review Contractor's and subcontractors' "project-related" employment practices during the performance of this contract. 5-1.02 D(1) Determination of Noncompliance.--If the Contract Compliance Officer determines that there is an apparent violation of any substantial requirements of these "Affirmative Action and Equal Employment Opportunity" special provisions and Section 7- 1.01A(4), "Labor Nondiscrimination" of the Standard Specifications by the Contractor or one of its subcontractors, the Contract Compliance Officer will hold a meeting with the Contractor, and its subcontractor (if applicable), for the purpose of deten-nining whether the Contractor is indeed out of compliance. If after the meeting th I e Contract Compliance Officer finds the Contractor out of compliance.. the Contractor will be notified of its appeal rights to the County Administrator. In the event that the Contractor disagrees with the County Administrators determination, the Contractor may appeal, inwriting,to the Board of Supervisors. If the Board of Supervisors concurs that there has been a violation, the Contract Compliance Officer will notify the Contractor in writing of the sanctions to be imposed. In addition, the Contra Costa County Board of Supervisors will deem afinding of willful violation of the California Fair Employment Act by the Fair Employment Practices Commission to be a violation by the Contractor of the nondiscrimination requirements of this project, and such violation shall be subject to the sanctions pro I vided herein. The same shall apply to violations of the Equal Employment Opportunity Commission regulation and other state and federal compliance agencies. Any sanctions imposed by the County for such violations shall be in addition to any sanctions or penalties imposed by the regulatory agencies or commissions. 21 ............. ............................................................................................................................................................................................- 5-1.02 D(2) Sanctions.--A finding at the public hearing that there has been a violation of the Affirmative Action and Equal Employment Opportunity requirements of this project shall be cause for the Board of Supervisors to impose any or all of the following sanctions: 1. Withhold an additional (10%) of all further contract progress payments until the Contractor provides evidence satisfactory to the Board of Supervisors that the condition of noncompliance has been corrected. 2. Suspend the contract until such time as the Contractor provides evidence satisfactory to the Board of Supervisors that the condition of noncompliance has been corrected. All expenses, including liquidated damages shall be paid by the Contractor for any resultant delays. 3. Cancel the contract and collect appropriate damages from the Contractor. 4. Declaration that the Contractor is non-responsible and is ineligible to make bids on future County contracts until the Contractor can demonstrate to the satisfaction of the Board of Supervisors that the violation has been corrected. 5-1.03 PUBLIC SAFETY The Contractor shall provide for the safety of traffic and the public in accordance with the provisions in Section 7-1.09, "Public Safety," of the Standard Specifications and these special provisions. The Contractor shall install temporary railing (Type K) between any lanes carrying public traffic and any excavation, obstacle, or storage area when the following conditions exist: (1) Excavations.--Any excavation, the near edge of which is 8 feet or less from the edge of the lane, except: (a) Excavations covered with sheet steel or concrete covers of adequate thickness to prevent accidental entry by traffic or the public. Trench plates subject to public traffic shall be the non-skid type and chocked. If more than one plate is required, the plates shall be tack welded together. (b) Trenches less than one foot wide for irrigation pipe or electrical conduit, or excavations less than one foot in diameter. (c) Where other methods such as tapering with aggregate base or placing steel plates are not feasible at the edge of pavement, the Contractor shall place delineators at 5 feet maximum intervals that are glued on at the edge of pavement. Appropriate signage such as "Open Trench"and "Shoulder Closed Ahead" signs shall be provided. (2) Temporarily Unprotected Permanent Obstacles.--Whenever the work includes the installation of a fixed obstacle together with a protective system, such as a sign structure together with protective railing, and the'Contractor elects to install the obstacle prior to installing the protective system; or whenever the Contractor, for his convenience and with permission of the Engineer, removes a portion of an existing protective railing at an obstacle and does not replace such railing complete in place during the same day. (3) Storage Areas.--Whenever material or equipment is stored within 12 feet of the lane and such storage is not otherwise prohibited by the specifications. 22 ----------- ''I'll'-,.................................................................... ....................... .................................................. The approach end of temporary railing (Type K), installed in accordance with the requirements in this section "Public Safety" and in Section 7-1.09, "Public Safety," of the Standard Specifications shall be offset a minimum of 15 feet from the edge of the traffic lane open to public traffic. The temporary railing shall be installed on a skew toward the edge of the traffic lane of not more than one foot transversely to ten feet longitudinally with respect to the edge of the traffic lane. If the 15-foot minimum offset cannot be achieved, the temporary railing shall be installed on the 10 to I skew to obtain the maximum available offset between the approach end of the railing and the edge of the traffic lane, and an array of temporary crash cushion modules shall be installed at the approach end of the temporary,railing. Temporary railing (Type K) shall conform to the provisions in Section 12-3.08, "Temporary Railing (Type K)" of the Standard Specifications, except temporary railing (Type K) fabricated prior to January 1, 1993, with one longitudinal No. 5 reinforcing steel bar near the top in lieu of the 2 longitudinal No. 5 reinforcing steel bars near the top, as shown on the plans, may be used. Temporary crash cushion modules shall conf6rm to the provisions in "Temporary Crash Cushion Module" elsewhere in these special provisions. Except for installing, maintaining and removing traffic control devices, whenever work is performed or equipment is operated in the following work areas the Contractor shall close the adjacent traffic lane unless otherwise provided in the specifications: Approach speed of public traffic (Posted Limit) Work Areas (Miles Per Hour) Over 45 Within 6 feet of a traffic lane but not on a traffic lane. 35 to 45 Within 3 feet of a traffic lane but not on a traffic lane. The lane closure provisions of this section shall not apply if the work area is protected by permanent or temporary railing or barrier. When traffic cones or delineators are used to delineate a temporary edge of traffic lane, the line of cones or delineators shall be considered to be the edge of traffic lane, however, the Contractor shall not reduce the width of an existing lane to less than 10 feet without written approval from the Engineer. When work is not in progress on a trench or other excavation that required closure of an adjacent lane, the traffic cones or portable delineators used for the lane closure shall be placed off of and adjacent to the edge of the traveled way. The spacing of the cones or delineators shall be not more than the spacing used for the lane closure. Suspended loads or equipment shall not be moved nor positioned over public:traffic or pedestrians. Full compensation for conforming to the requirements in this section "Public Safety," including furnishing and installing temporary railing (Type K) and temporary crash cushion modules, delineators, materials, and labor used for temporary tapers between existing pavement and excavated roadways, and other types of barriers/catchment facilities shall be considered as included in the:contract prices paid for the various items of work involved and no additional compensation will be allowed therefor. 23 5-1.04 PAYROLL RECORDS The provisions of Section 7-1.01A(3), "Payroll Records," of the Standard Specifications are amended with the following: "(h) The contractor shall permit the Engineer to interview employees during working hours on the job to verify the above mentioned payroll records." 5-1.05 SURFACE MINING AND RECLAMATION ACT Attention is directed to the Surface Mining and Reclamation Act of 1975; commencing in Public Resources Code, Mining and Geology, Section 2710, which establishes regulations pertinent to surface mining operations, and to California Public Contract Code Section 10295.5. Material from mining operations furnishedfor this project shall only come from permitted sites in compliance with California Public Contract Code Section 10295.5. The requirements of this section shall apply to materials furnished for the project, except for acquisition of materials in conformance with the provisions in Section 4-1.05, "Use of Materials' Found on the Work," of the Standard Specifications. 5-1.06 PROGRESS SCHEDULE Progress schedules are required for this contract and shall be submitted in conformance with the provisions in Section 8-1.04, "Progress Schedule," of the Standard Specifications and these special provisions, unless otherwise authorized in writing by the Engineer. The second paragraph of Section 8-1.04, "Progress Schedule," of the Standard Specifications shall not apply. 5-1.07 INCREASES AND DECREASES IN QUANTITIES The provisions of Section 4-1.038, "Increased or Decreased Quantities," of the Standard Specifications shall apply only to major items of work as defined herein. A major item of work is any item for which the cost, computed on the basis of contract unit price and the quantity shown in the proposal, is equal to or greater than ten (10) percent of the original total contract amount. 5-1.08 SCOPE OF PAYMENT The provisions of Section 9-1.02, "Scope of Payment," of the Standard Specifications are amended with the following: Full compensation for furnishing all labor, materials, tools,.equipment, and incidentals necessary to the completed work and for performing all work contemplated and embraced under the contract whose payment is not clearly embraced in the various contract payment clauses shall be considered as included in the various contract items of work and no additional compensation will be allowed. 5-1.09 LEGAL HOLIDAYS In lieu of the provisions in SECTION 1, "DEFINITIONS AND TERMS," of the Standard Specifications, the following days are designated as legal holidays: January 1st known as New Years Day Third Monday in January,known as Dr.Martin Luther King Jr. Day Third Monday in February, known as President's Day The last Monday in May, known as Memorial Day 24 :.....::: ......................I..............................11.........1.11...... ................... ................................ July 4'h, known as Independence Day First Monday in September, known as Labor Day November 11'11, known as Veteran's Day Fourth Thursday in November, known as Thanksgiving Day The Friday after Thanksgiving Day December 25'h, known as Christmas Day When a designated legal holiday falls on a Saturday, the proceeding Friday shall be considered to be the legal holiday. When a designated legal holiday falls on a Sunday, the following Monday shall be considered to be the legal holiday. 5-1.10 AREAS FOR CONTRACTOR'S USE Attention is directed to the provisions in Section 7-1.19, "Rights in Land and Improvements," of the Standard Specifications and these special provisions. 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. No State-owned parcels adjacent to the right of way are available for the exclusive use of the Contractor within the contract limits. The Contractor shall secure, at the Contractor's own expense, areas required for plant sites, storage of equipment or materials, or for other purposes, The Contractor shall remove equipment, materials, and rubbish from the work areas and other State- owned property which the Contractor occupies. The Contractor shall leave the areas in a presentable condition in conformance with the provisions in Section 4-1.02, "Final Cleaning Up," of the Standard Specifications. The Contractor shall secure, at the Contractor's own expense, areas required for plant sites, storage of equipment or materials or for other purposes, if sufficient area is not available to the Contractor within the contract limits, or at the sites designated on the plans outside the contract limits. 5-1.11 PAYMENTS Attention is directed to Section 9-1.06, "Partial Payments," and 9-1.07, "Payment After Acceptance," of the Standard Specifications and these special provisions. The provisions in Section 9-1.06, "Partial Payments," are modified as follows: No partial payment will be made for any materials on hand whichare furnished but not incorporated in the work. The provisions in Section 9-1.07, "Payment After Acceptance," are modified as follows: Upon satisfactory completion of the entire work, the Engineer will recommend the acceptance of the work to the Board of Supervisors. If the Board accepts the completed work, it will cause a Notice of Completion to be recorded with the County Recorder. Thirty-five days after the filing of the Notice of Completion, the Contractor will be entitled to the balance due for the completion and acceptance of the work, if certification is made by sworn written statement that all claims have been filed with the agency based upon acts or omissions of the Contractor and that no liens or withhold notices have been filed against said work or theproperty on which the work was done, and contractor has complied with the "Final Subcontracting Report Submittal/Verification of Performance Forms" section of these special provisions. 25 ............................................1111111.111111111 ...................................................... ............................ 5-1.12 CLAIMS BY CONTRACTOR Section 9-1.10, "Arbitration," of the Standard Specifications is deleted and the following is substituted therefor: Attention is directed to the provisions of Government Code Sections 900 and following, concerning7the procedures to be followed when filing claims against the Agency. All claims shall be filed with the Clerk of the Board of Supervisors. Forms specifying the information to be contained in claims against the Agency may be obtained from the Clerk of the Board of Supervisors. Pursuant to Public Contract Code Section 20104(a), all claims by Contractor of$375,000 or less are subject to Article 1.5 (commencing with Section 20104) of Chapter I of Part 3 of the Public Contract Code, which is incorporated into the contract and which provides as follows: ARTICLE 1.5 Resolution of Construction Claims §20104. (a) (1) This article applies to all public works claims of three hundred seventy-five thousand dollars ($375,000) or lessw1iich arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240) of Chapter I of Part 2. (b) (1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or(C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. §20104.2 For any claim subject to this article,the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim- Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b) (1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating, to defenses or claims the local agency may have against the claimant. 26 :X ........................... ................................. (2) If additional information is thereafter required, it shall be requested And provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c) (1) For claims of over fifty thousand dollars ($50,000) and Iess than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or,within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in-writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) If following the meet and confer conference the claim or any portion remains in dispute, the claimant may file 'a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title l of the Government Code. For proposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time the claim is denied,including any period of time utilized by the meet and confer conference. §20104.4 The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days,following the filing or responsive pleadings, the court shall submit the matter to non-binding mediation. unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties, of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. 27 ............................................................................................... ................................................................... (b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141,10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. (2) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney's fees on appeal of the other party. §20104.6 (a) No local agency shall fail to pay money, as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or udgment. The interest shall begin to accrue on the date the suit is filed in a court of law. 5-1.13 INTERPRETATION OF CONTRACT DOCUMENTS Section 5-1,04, "Coordination and Interpretation of Plans, Standard Specifications, and Special Provisions," of the Standard Specifications is modified by the following addition: The proposal shall govern over the special> provisions. In the event of a discrepancy between units shown on plans, in the special provisions and in the proposal, the units shown in the proposal shall govern. 5-1.14 SUBCONTRACTING Attention is directed to the provisions in Section 8-1.01, "Subcontracting," of the Standard Specifications and these special provisions. Pursuant to the provisions in Section 1777.1 of the Labor Code, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a subcontractor on a public works project. This list of debarred contractors is available from the Department of Industrial Relations web site at: http://www.dir.ca.gov/DLSE/Debar.html. 5-1.15 SOUND CONTROL REQUIREMENTS Sound control shall confonn to the provisions in Section 7-1.011, "Sound Control Requirements," of the Standard Specifications and these special provisions. The noise level from the Contractor's operations, between the hours of 7:00 p.m. and 7:00 a.m. on weekdays and between 7:00 p.m. and 9:00 a.m. on weekends and holidays, shall not exceed 86 dBa at a distance of 50 feet. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level. 28 ...................................... ............. 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 exceptthose required by safety laws for the protection of personnel. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. 5-1.I6 PROMPT PROGRESS PAYMENT"TO SUBCONTRACTORS Attention is directed to the provisions in Section 7108.5 of the Business and Professions Code concerning prompt payment to subcontractors. The prime'contractor or subcontractor shall pay any subcontractor,not later than 10 days of receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed the contractor on account of the work performed by the subcontractors, to the extent of each subcontractors interest therein. Any violation of this section of the Code shall constitute a cause for disciplinary action and shall subject the licensee to a penalty payable to the subcontractor, of 2 percent'of the amount due per month for every month that payment is not made. In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney's fees and costs. 5-1.17 PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS The Contractor shall return'all moneys withheld in retention from the subcontractor within 30 days after receiving payment for work satisfactorily completed, even if the other contract work is not completed and has not been accepted in conformance with Section 7-1.17, "Acceptance of Contract," of the Standard Specifications. This requirement shall not be construed to limit oriimpair any contractual, administrative, or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the Contractor or deficient subcontract performance or noncompliance by a subcontractor. 5-1.18 CONTROL OF WORK Control of work shall conform to the provisions in Section 5, "Control of Work," of the Standard Specifications and these special provisions. The second paragraph of Section 5 - 1.07; "Lines and Grades.," of the Standard" Specifications is modified to read: When the Contractor requires such stakes or marks, he shall notify the Engineer of his requirements in writing a reasonable length of time in advance of starting-operations that require such stakes or marks. In no event shall a notice of less than 3 working days be considered a reasonable length of time. The Engineer will provide one set of stakes or :marks as necessary for'each request for survey and it shall be the Contractor's responsibility to protect the stakes or marks. If the Contractor fails to protect the stakes or marks and they are damaged or lost; the Contractor shall notify the Engineer in writing of the "re-staking" requirements and the Engineer will replace the stakes or marks and will deduct the cost thereof from any moneys due or to become due the Contractor. 29 5-1.19 AIR POLLUTION CONTROL Air pollution control shall conform to the provisions in Section 7-1.0117, "Air Pollution Control," of the Standard Specifications and these special provisions. All construction machinery and vehicles shall be properly tuned. Any machinery or vehicle when not in use shall not be idled unnecessarily. 5-1.20 ACCEPTANCE OF CONTRACT Section 7-1.17, `:Acceptance of Contract", of the Standard Specifications are superseded by the following: When the Engineer had made the final inspection as provided in Section 5-1.13, "Final Inspection," and determines that the contract work has been completed in all respects in accordance with the plans and specifications, the Engineer will recommend that the Director formally accept the contract, and immediately upon and after the acceptance by the :Director, the Contractor will be relieved of the duty of maintaining and protecting the work as a whole, and the Contractor will not be required to perform any further work thereon. SECTION 6. ADDITIONAL INSUREDS, WORKING DAYS, AND LIQUIDATED DAMAGES 6-1.01 ADDITIONAL INSUREDS In accordance with the, "INSURANCE REQUIREMENTS," and, "HOLD HARMLESS AND INDEMNIFICATION," sections contained in SECTION 3 of these special provisions and Section 20 of the Contract (Construction Agreement), the following shall be named as additional 'insureds and shall be defended, held harmless and indemnified: LEISURE SPORTS,INCORPORATED 6-1.02 WORKING DAYS In accordance with Section 4-1.01, "GENERAL," of these special provisions, the Contractor will have 40 working days to complete the project excluding plant establishment work. The Contractor's attention is directed to the"Planting and Irrigation"section of these special provisions. 6-1.03 LIQUIDATED DAMAGES Attention is directed to Section 8-1.07, "LIQUIDATED DAMAGES," of the Standard Specifications and these special provisions. The Contractor shall pay to the Agency the sura of$850 per clay,for each and every calendar day delay in finishing the work in excess of the number of working days prescribed above. SECTION 7. (BLAND) SECTION 8. MATERIALS SECTION 8-1. MISCELLANEOUS 8-1.01. PREQUALIFIED AND TESTED SIGNING AND DELINEATION MATERIALS The Department maintains the following list of Prequalified and Tested Signing and Delineation Materials. The Engineer shall not be precluded from sampling and,testing products on the list of Prequalified and Tested Signing and Delineation Materials. The manufacturer of products on the list of Prequalified and Tested Signing and Delineation Materials shall furnish the Engineer a Certificate of Compliance in conformance with the provisions in Section-6-1.07, "Certificates of Compliance," of the Standard Specifications for each type of traffic product supplied. 3{� .:..;. For those categories of materials included on the list of Prequalified and Tested Signing and Delineation Materials, only those products shown within the listing .may be ,sed in the work, tither categories of products, not included on the list of Prequalified and Tested Signing and Delineation Materials, may be used in the work provided they conform to the requirements of the Standard Specifications. Materials and products may be added to the list of Prequalified and Tested`Signing and Delineation Materials if the manufacturer submits a New Product Information Form to the New Product Coordinator at the Transportation Laboratory. Upon a Departmental request for samples, sufficient samples shall be submitted to permit performance of required tests. Approval of materials or products will depend upon compliance with the specifications and tests the Department may elect to perforin. PAVEMENT MARKERS,PERMANENT TYPE Retrore#lective With Abrasion Resistant Surface(.ARS) A. Apex, Model 921 AR(100 mm x 100 mm) {4 inches x 4 inches} B. Avery Dennison (formerly Stimsonite), Models C88 (100 mm x 100 mm) {4 inches x 4 inches}, 911 (100 mm x 100 mm) {4 inches x 4 inches} and 953 (70 mm x 1`14 mm) {2.75 inches x 4.5 inches} C. Ray-t3-Lite, Model "AA" ARS (100 mm x 100 mm) {4 inches x 4 inches) D. 3 M Series 290 (89 mm x 100 mm) {3.5 inches x 4 inches} E. 3M Series 290 PSA, with pressure sensitive adhesive pad (89 mm x '100 min) {3.5 inches x 4inches} Retroreflective With Abrasion Resistant Surface (ARS) (for recessed applications only) A. Avery.Dennison (formerly Stimsonite), Model 948 (58 nim x 119 mm) {2.3 inches x 4.7 inches) B. Avery Dennison(formerly Stimsonite),Model 944SB (51 mm x 100 mm) {2 inches x 4 inches};* C. Ray-U-Lite, Model 2002 (58 mm x 117 mm) {2.3 inches x 4.6 inches) D. Ray-O-Lite, Model 2004 ARS (51 mm x 100 mm) {2 inches x 4 inches}*' *For use only in 114 mm {4.5 inches) wide (older)recessed slots Non-Reflective, 100 mm {4 inches}Round A. Alpine Products, "D-Dot" and "ANR" (ABS) B. Apex Universal (Ceramic) C. Apex Universal, Models 929 (ABS) and 929PP (Polypropylene) D, Elgin Molded Plastics, "Empco-Lite" Model 900 (ABS) E. Glowlite (Ceramic) F. Hi-Way Safety, Inc., Models P20-200OW and 2001Y (ABS) G. Interstate Sales, "Diamond Back" (ABS) and(Polypropylene) H. Novabrite Models'Cdot (White) Cdot-y (Mellow), Ceramic 1. Novabrite Models Adot-w(White) Adot-y (Yellow), (ABS) J. Novabrite Models Pdot-w(White)Pdot-y (Yellow), Polypropylene K. Road Creations, Model RCB4NR(Acrylic) L. Three D Traffic Works TD10000 (ABS), TD10500 (Polypropylene) M. Zumar Industries, "Titan TM40A" (ABS) PAVEMENT MARS, TEMPORARY TYPE Temporary.Markers For Long Term Day/Night Use (6 months or less) A. Apex Universal,Model 924 (100 mm x 100 mm) {4 inches x 4 inches} 31 ................................................. ...................................... ...................................... .............................. B. Elgin Molded Plastics, "Empco-Lite" Model 901 (100 mm. x 100 mm) t 4 inches x 4 inches C. Road Creations, Model R4 I C (100 nun x 100 mm) {4 inches x 4 inches} D. Vega Molded Products "Temporary Road Marker" (75 mm x 100 mm) {3 inches x 4 inches} Temporary Markers For Short Term Day/Night Use (14 days or less) (For seal coat or chip seal applications, clear protective covers are required) A. Apex Universal, Model 932 B. Bunzl Extrusion, Models T.0.1\4., T.R.P.M., and "HH" (High Heat) C. Hi-Way Safety, Inc., Model 1280/1281 STRIPING AND PAVEMENT MARKING MATERIAL Permanent Traffic Striping and Pavement Marking Tape A. Advanced Traffic Marking, Series 300 and 400 B. Brite-Line, Series 1000 C. Brite-Line, "DeltaLine XRP" D. Swarco Industries, "Director 35" (For transverse application only) E. Swarco Industries, "Director 60" F. 3M, "Stamark" Series 380 and 5730 G. 3M, "Stamark" Series 420 (For transverse application only) Temporary (Removable) Striping and Pavement Marking Tape (6 months or less) tle� A. Advanced Traffic Marking, Series 200 B. Brite-Line, Series 100 C. Garlock Rubber Technologies, Series 2000 D. P.B. Laminations, Aztec, Grade 102 E. Swarco Industries, "Director-2" F. Trellebore, Industries, R140 Series G. 3M, Series 620 "CR", and Series A750 H. 3)M, Series A145, Removable Black Line Mask (Black Tape: for use only on Asphalt Concrete Surfaces) 1. Advanced Traffic Marking Black "Hide-A-Line" (Black Tape: for use only on Asphalt Concrete Surfaces) J. Brite-Line "BTR" Black Removable Tape (Black Tape: for use only on Asphalt Concrete Surfaces) K. Tretleborg Industries, RB-140 (Black Tape: for use only on Asphalt Concrete Surfaces) Preformed Thermoplastic (Heated in place) A. Avery Dennison, "Hotape" B. Flint Trading, "Premark," "Premark 20/20 Flex," and "Premark 20/20 Flex Plus" Ceramic Surfacing Laminate, 150 mm x 150 mm (6 inches x 6 inches} A. Safeline Industries/Highway Ceramics, Inc. CLASS 1 DELINEATORS One Piece Drivable Flexible Type, 1700 mm f66 inches) A. Bunz1 Extrusion, "Flexi-Guide Models 400 and 566" B. Carsonite, Curve-Flex CFRM-400 32 ................. C. Carsonite, Roadmarker CRM-375 D. FlexStake, Model 654 TM E. GreenLine Models HWD 1-66 and CGD1-66 F. J. Miller Industries, Model JMI-375 (with soil anchor) Special Use Type, 1700 mm 166 inches) A. Bunzl Extrusion, Madel FG 560 (with 450 mm 118 inches} U-Channel base)' B. Carsonite, "Survivor" (with 450 mm 118 inches) U-Channel base) C. Carsonite, Roadmarker CRM-375 (with 450 mm 118 inches) U-Channel base) D. FlexStake, Model 604 E. GreenLine Models HWDU and CGD (with 450 mm {18 inches} U-Channel base) F. Impact Recovery Model Dab, with #105 Drivable Base G. Safe-Hit with 200 mm 18 inches)pavement anchor(SH248-GPI) H. Safe-Hit with 380 min 115 inches} soil anchor (SH248-GP2) and with 450 mm 118 inches}soil anchor(SH248-GP3) Surface Mount Type, 1200 mm 148 inches} A. Bent Manufacturing Company, Masterflex Model MF-I80EX-48 B. Carsonite, "Super Duck 11" C. FlexStake, Surface Mount, Models 704 and 754 TM D. Impact Recovery Model D48, with 4101 Fixed(Surface-Mount) Base E. Three D Traffic Works "Channelflex" ID No. 522248W CHANNELIZERS Surface Mount Type, 900 mm (36 inches) A. Bent Manufacturing Company, Masterflex Models MF-560-36 (Round) and MF-180-36 (Flat) B. Bunzl Extrusion, Flexi-Guide Models FG300LD and FG30OUR C. Carsonite, "Super Duck" (Flat SDF-436,Round SDR-336) D. Carsonite, "Super Duck II" Madel SDCF20360IMB "The Channelizer" E. FlexStake, Surface Mount, Models 703 and 753 TM F. GreenLine, Model SMD-36 G. Hi-Way Safety, Inc. "Channel Guide Channelizer" Model CGC36 H. Impact Recovery Model D36, with#101 Fixed (Surface-Mount) Base 1. Repo, Models 300 and 400 J. Safe-Hit, Guide Post, Model SH236SMA K. The Line Connection, "Dura-Post" Model DP36-3 (Permanent) L. The Lime Connection, "Dura-Fast" Model DP36-3 C (Temporary) M. Three D Traffic Works "Channelflex" ID No, 522053W Lane Separation System A. Bunz1 "Flexi-Guide (FG) 300 Curb System" B. Qwick Kurb, "Klemmfix Guide System" C. Recycled Technology, Inc. "Safe-Lane System" CONICAL DELINEATORS, 1070 mm (42 inches) (For 700 min Traffic Cones, see Standard Specifications) A. Bent Manufacturing Company "T-Tap" B. Plastic Safety Systems "Navigator-42" 33 C. Radiator Specialty Company "Enforcer" D. Roadmaker Company "Stacker" E. Tra#Fix Devices "Crabber" F. Three D Traffic Works "Ringtop" TD7000, ID No. 742143 OBJECT MARKERS Type "K", 450 mm 118 inches} A. Bunzl, Model FG318PE B. Carsonite, Model SMD 615 C. FlexStake, Model 701 KM D. Repo, Models 300 and 400 E. Safe-Hit, Model SH718SMA F. The Line Connection, Model DP21-4K Type "K-4" / "Q" Object Markers, 600 mm (24 inches} A. Bent Manufacturing "Masterflex" Model MF-360-24 B. Bunzl Extrusion, Model FG324PE C. Carsonite, Super Duck II D. FlexStake, Model 701KM E. Repo, Models 300 and 400 F. Safe-Hit, Models SH8 24SMA WA and SH8 24GP3 WA G. The Line Connection, Madel DP21-4Q H. Three D Traffic Works "Q" Marker, ID No. 531702W CONCRETE BARRIER MARKERS AND TEMPORARY RAILING (TYPE K) REFLECTORS Impactable Type A. ARTUK, "FB" B. Bunz1 Extrusion, Models PCBM-12 and PCBM-T12 C. Duraflex Corp., "Flexx 2020" and "Electritlexx" D. Hi-Way Safety, Inc., Model GMKRM100 E. Plastic Safety Systems "BAM" Models OM-BARR and OM-BWAR F. Sun-Lab Technology, "Safety Guide Light Model TM-S" G. Three D Traffic Works "Roadguide"' 9304 Series, IIS No. 903176 (One-Way), ID No. 903215 (Two-Way) Mon-Impactable Type A. ARTUK, JD Series B. Plastic Safety Systems "BAM" Models OM-BITARW and DM-BITARA C. Vega Molded Products, Models GBM and JD METAL BEAM GUARD RAIL POST MARKERS (For use to the left of traffic) A. Bunz1 Extrusion, "Mini" (75 mm x 254 mm) {3 inches x 10 inches) B. Creative Building Products, "Dura-Bull, Model 11201 C. Duraf7ex Corp., "Railrider" 34 CONCRETE BARRIER:DELINEATORS,400 mm {26 inches} (For use to the right of traffic) A. Bunzl Extrusion, Model DCBM T-16 B. Safe-Hit, Model SH216RBM C. Sun-Lab Technology, "Safety Guide Light, Model TM16," (75 mm x 300 mm) �3 inches x 12 inches) D. 'Three D Traffic Works "Roadguide" ID No. 904364 (White), ID No. 904390 (Yellow) CONCRETE BARRIER-MOUNTED MINI-DRUM (260 mm x 360 mean x 570 mm) X10 inches x 14 inches x 22 inches) A. Stinson Equipment Company "SaddleMarker" SOUND WALL DELINEATOR (Applied vertically. Plaice top of 75 mm x 300 mm {3 inches x 12 inches) reflective element at 1200 mm f4 inchesf above plane of roadway) A. Bunzl Extrusion, DCBM S-36 B. Sun-Lab Technology, "Safety Guide Light, Model SM12," (75 mm x 300 mm) 13 inches x 12 inches) GUARD RAILING DELINEATOR (Place top of reflective element at 1200 mm 148 inches I above plane of roadway) Wood Post Type, 686 rnm {27 inches) A. Bunzl Extrusion, FG 427 and FG 527 B. Carsonite, Model 427 C. Fle Stake, Model 102 GR D. GreenLine GRD 27 E. J. Miller Model 1MI-375G F. Safe-Hit, Model SH227GR.D G. Three D Traffic Works "Guardflex" TD9100 Series, ID No. 510476 Steel Post Type A. Carsonite, Model CFGR-327 with CFGRBK300 Mounting Bracket RETROREFLECTIVE SHEETING Channelizers,Barrier Markers, and Delineators A. Avery Dennison T-6500 Series (Formerly Stimsonite, Series 6200) (For rigid substrate devices only) B. Avery Dennison WR:-6100 Series C. Nippon Carbide,Flexible Ultralite Grade (ULG)II D. Reflexite, PC-1000 Metalized Polycarbonate E. Reflexite,AC-1000 Acrylic F. Reflexite,AP-1000 Metalized Polyester G. Reflexite, Conforalight, AR-1000 Abrasion Resistant Coating H. 3M, High Intensity 35 Traffic Cones, 330 mm 113 inches} Sleeves A. Reflexite SB (Polyester), Vinyl or "TR" (Semi-transparent) Traffic Cones, 100 mm and 150 mm 14 inches x 6 inches} Sleeves A. Nippon Carbide, Flexible Ultralite Grade (ULG) 1I B. Reflexite, Vinyl, "TR" (Semi-transparent) or "Conformalight" C. 3M Series 3840 Barrels and Drums A. Avery Dennison WR-6100 B. Nippon Carbide, Flexible Ultralite Grade (ULG) II C. Reflexite, "Conformalight" "Super High Intensity" or "High Impact Drum Sheeting" D. 3M Series 3810 Barricades: Type 1, Medium-Intensity (Typically Enclosed Lens,Glass-Bead Element) A. American Decal, Adcolite B. Avery Dennison, T-1500 and T-1600 series C. 3M Engineer Grade, Series 3170 Barricades: Type 11, Medium-High-Intensity (Typically Enclosed Lens, Glass-Bead Element) A. Avery Dennison, T-2500 Series B. K.iwalite Type 11 C. Nikkalite 1800 Series Signs: Type 11, Medium-High-Intensity (Typically Enclosed Lens,Glass-Bead Element) A. Avery Dennison, T-2500 Series B. Kiwalite, Type II C. Nikkalite 1800 Series Signs: Type III,High-Intensity(Typically Encapsulated Glass-Bead Element) A. Avery Dennison, T-5500 and T-5500A Series B. Nippon Carbide, Nikkalite Brand Ultralite Grade 11 C. 3M Series 3870 Signs: Type IV, High-Intensity (Typically Unmetallixed Microprismatic Element) A. Avery Dennison, T-6500 Series (Formerly Stimsonite Series 6200) B. Nippon Carbide, Crystal Grade, 94000 Series Signs: Type VI,Elastomeric (Rall-Up) High-intensity,without Adhesive A. Avery Dennison, WU-6014 B. Novabrite LLC, "Econobrite" C. Reflexite "Vinyl" D. Reflexite "SuperBright" E. Reflexite "Marathon" F. 3M Series RS34 (Change) and RS20 (Fluorescent orange) 36 Signs: Type VII, Super-high-Intensity (Typically Unmetallized Microprismatic Element) A. 3M LDP Series 3924 (Fluorescent Red/Orange) B. 3M LDP Series 3970 Signs: Type VIII, Super-High-Intensity (Typically Unmetallized Microprismatic Element) A. Avery Dennison, T-7500 Series Signs: Type IX,Very-High-Intensity (Typically Unmetallized Microprismatic Element) A. 3M VIP Series 3981 Diamond Grade(Fluorescent yellow) & 3M VIP Series 3983 Diamond Grade (Fluorescent yellovdGreen) C. 3M VIP Series 3990 Diamond SPECIALTY SIGNS A. All Sign Products, STOP Sign(All Plastic), 750 mm {30 inchesl B. Relexite "Endurance" Work Zone Sign (with Semi-Rigid Plastic Substrate) SIGN SUBSTRATE Fiberglass Reinforced Plastic (FRP) A. Fiber-Brite B. Sequentia, "Polyplate" C. Inteptast Group "InteCel" (13 mm (0.5-inch) for Post-Mounted CZ 'Signs, 1200 mm {48 incheslor less) Aluminum Composite A. Alcan Composites "Dibond Material, 2 mm {0.08-inch)" (for temporary construction signs only) B. Mitsubishi Chemical Aerica, Alpolic 350 (for temporary construction signs only) 8-1.02 TESTING Whenever a reference is made in the Standard Specifications or these special provisions to any of the California Test numbers specified below, the corresponding ASTM Designation or. AASHTO Designation test numbers may be used to determine the quality of materials. CALIFORNIA,TEST ASTM DESIGNATION AASHTO DESIGNATION 216 D 15.57 T 180 231 D 2922 (a) T:238 ray 203 D 422 T 88' 204 D 4318 T 89&T 90 504 C 231 T 152 518 C 138 T 121 52.1 C39 T 22' 523 C 392 & C 78 T 177 &T'97 533 C 360 211 C131 & C535 T96' 37 Note: (a) When ASTM Designation: D 2922 or AASHTO Designation: T 238 is used, the frequency and a real distribution of such tests shall comply with the requirements specified in California Test 231. For each determination of relative compaction by ASTM or AASHTO test methods, laboratory compaction tests per ASTM Designation: D 1557 or AASHTO Designation: T 180 shall be performed, except when the use of previous laboratory maximum dry densities are allowed. Previous laboratory maximum dry densities may be used to determine relative compaction if the material, as determined by the Engineer, is from the same general''excavation or plant source and has the same visual characteristics of color, gradation, and soil classification as the previous laboratory maximum dry densities. The use of previous laboratory maximum dry densities will not be permitted for more than 5 working days or for more than 14 determinations of relative compaction. 8-1.03 QUALITY CONTROL TESTING The Contractor's attention is directed to Section 6-3.42, "Testing by Contractor" of the Standard Specifications regarding responsibility for quality control. The acceptance testing performed by the Agency shall not relieve the Contractor of responsibility for performing quality control testing as required by the above and otherprovisions of the Standard Specifications and these special provisions. The following list provides limited number of conversion factors for the contractors to use in converting metric units to English units, the list is not to be considered exhaustive and the contractor shall use standard S.I. conversion factors when converting units not contained on the list. SECTION 9. DESCRIPTION OF WORK The work to be done generally consists of constructing an approximately 300-foot long right turn lane on northbound Oak Road to eastbound Treat Boulevard. Work includes widening asphalt concrete pavement, constructing curb and sidewalk, replacing street trees and irrigation, modifying a storm drainage system, modifying an existing traffic signal including duct work and detector loops, and such other items or details, not mentioned above, that are required by the plans, Standard Specifications, or these special provisions to be performed, placed, constructed or installed. SECTION 10. CONSTRUCTION DETAILS SECTION 10-1. GENERAL 10-1.01 ORDER OF WORK Order of work shall conform to the provisions in Section 5-1.05, "Order of Work," of the Standard Specifications and these special provisions. The Contractor shall have a representative on the job site at all times while work is actually in progress whose sole'duties shall be to supervise the work crews. The firstorderof work shall be for the Contractor to submit a traffic control plan and a construction schedule. These items shall be submitted at the preconstruction conference in addition to all other required submittals. The work shall be scheduled in such a manner that will minimize impacts to vehicular and pedestrian traffic. The traffic control plan and construction schedule shall be approved by the engineer prior to the beginning of work. At the end of each working day if a difference in excess of 3 inches exists between the elevation of the existing pavement and the elevation of any excavation within 8'of the traveled way, material shall be placed and compacted against the vertical cuts adjacent to the traveled way or as otherwise allowed in 38 ««: N.k.::f....N..... .,�.. ... NN: :: ..;;. N....... ;. the "Public Safety" and "Maintaining Traffic" sections of these special provisions. During excavation operations, native material may be used for this purpose, however, once the placing of the structural section commences, structural material shall be used. The material shall be placed to the level of the elevation of the top of existing pavement and tapered at a slope of 4:1 (verticalhorizontal) or flatter to the bottom, of the excavation. Full compensation for placing the material on a 4:1 slope, regardless of the number of times it is required, and subsequent removing or reshaping of the;material to the lines and grades shown on the plans shall--be considered as included in the contract price paid for the materials involved and no additional compensation will be allowed therefor. No payment will be made for material placed in excess of that required for the structural section. Attention is directed to Obstructions of these special provisions for requirements prior to working within the vicinity of a utility facility.. Adjacent sections of portland cement concrete, exposed aggregate concrete, and colored concrete shall not be placed on the same day. At least 48 hours prier to beginning any signal modification work, including locating and cutting signal loop detectors, the Contractor shall contact Leonard Cillona of the City of Walnut Creek Traffic Signal. Shop at office phone number(925) 256-3529 or mobile phone number(925) 212-3059. Orders for trees and shrubs and materials shall be placed no later than sever' (7) calendar days after award of contract unless otherwise permitted by the Engineer. The Contractor shall furnish the Engineer with statements from the vendors that the orders for said equipment and materials have been received and accepted by said vendors. Said vendor's statements shall indicate anticipated delivery dates for all equipment and materials ordered. The Contractor shall place orders for replacement plants with the vendor at.the appropriate time so that the roots of the replacement plants are vigorous and not in a root-bound condition." A list of all planting and irrigation materials shall be provided at the-pre-construction conference as stated elsewhere in these special provisions. The contractor shall submit experience qualifications for specialized concrete work as stated elsewhere in these special provisions. The Contractor shall place all irrigation lines and sleeves prior to installation<ofinedian hardscaping. All utility services to the median and sidewalk bulbouts shall be placed prior to reconstruction or overlay of the roadway. 10-1.02 PROJECT APPEARANCE The Contractor shall maintain a neat appearance to the work. In areas visibleto the public, the following shall apply: A. When practicable, broken concrete and debris developed during clearing and: grubbing shall be disposed of concurrently with its removal If stockpiling is necessary, the material shall be removed or disposed of weekly: B. Trash bins shall be furnished for debris from concrete construction. Debris shall be placed in trash bins daily. Forms or falsework that are to be re-used shall be stacked neatly concurrently with their removal. Forms and falsework that are not to be re-used shall be disposed of concurrently with their removal. Full compensation for conforming to the provisions in this section, not otherwise provided for, shall be considered as included in prices paid for the various contract items of 'work involved and no additional compensation will be allowed therefor. 39 , 11.111,.................................... .......................................... ........................................... 10-1.03 WATER POLLUTION CONTROL Water pollution control work shall conform to the provisions in Section 74.01G, "Water Pollution," of the Standard Specifications and these special provisions. Water pollution control work shall conform to the requirements in the "Storm Water Pollution Prevention Plan (SVvTPP) and Water Pollution Control Program (WPCP) Preparation Manual" and the "Construction Site Best Management Practices (BMPs) Manual," and addenda thereto issued up to, and including, the date of advertisement of the project, hereafter referred to respectively as the "Preparation Manual" and the "Construction Site BMP Manual" and collectively as the "Manuals." Copies of the Manuals may be obtained from the Department of Transportation, Material Operations Branch, Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento, California 95815, Telephone: (916) 445-3520. Copies of the Manuals may also be obtained from the Department's Internet Web Site at: http://www,dot.ca.gov/hq/construc/stormwater.html. The Contractor shall know and fully comply with the applicable provisions of the Manuals and Federal, State, and local regulations that govern the Contractor's operations and storm water discharges from both the project site and areas of disturbance outside the project limits during construction. Unless arrangements for disturbance of areas outside the project limits are made by the>Department and made part of the contract, it is expressly agreed that the Department assumes no responsibility whatsoever to the Contractor or property owner with respect to any arrangements made between the Contractor and property owner to allow disturbance of areas outside the project limits. The Contractor shall be responsible for the costs and for liabilities imposed by law as a result of the Contractor's failure to comply with the requirements set forth in this section "Water Pollution Control" including, but not limited to, compliance with the applicable provisions of the Manuals and Federal, State, and local regulations. For the purposes of this paragraph, costs and liabilities include, but are not limited to, fines, penalties, and damages whether assessed against the State or the Contractor, including those levied under the Federal Clean Water Act and the State Porter Cologne Water Quality Act. In addition to the remedies authorized by law, an amount of the money due the Contractor under the contract, as determined by the Department, may be retained by the State of California until disposition has been made of the costs and liabilities. Conformance with the provisions in this section "Water Pollution Control" shall not relieve the Contractor from the Contractor's responsibilities as provided in Section 7, "Legal Relations and Responsibilities," of the Standard Specifications. While this contract does not require a formal written water pollution control plan, the contractor shall conduct his operations employing best management practices to reduce the potential of pollutants and sediment entering the storm drainage system. The Contractor shall identify pollution sources that may adversely affect the quality of storm water discharges associated with the project and shall identify water pollution control measures, hereafter referred to as control measures, to be constructed, implemented, and maintained in order to reduce to the extent feasible pollutants in storm water discharges from the construction site during construction under this contract. The Contractor shall incorporate control measures in the following categories: A. Soil stabilization; B. Sediment control; C. Tracking control; D. Wind erosion control; E. Non-storm water control; and F. Waste management and material pollution control. 40 ................... ........... ............. ................. ..........................................I........................................................................................................... .. ... .......................................... Specific objectives and minimum requirements for each category of control measures are contained in the Manuals. The Contractor shall consider the objectives and minimum requirements presented in the Manuals for each of the above categories. When minimum requirements are listed for any category, the Contractor shall incorporate into his operations and implement on the project, one or more of the listed minimum controls required in order to meet the pollution control objectives for the category. Soil stabilization practices and sediment control measures, including minimum requirements, shall be provided throughout the rainy season, defined as between October 15 and April 15. The Contractor shall have a year-round program for implementing and maintaining water pollution control practices for wind erosion control, tracking control, non-storm water control, and waste management and materials pollution control. The National Weather Service weather forecast shall be monitored and used by the Contractor on'a daily basis. An alternative weather forecast proposed by the Contractor may be.used if approved by the Engineer. If precipitation is predicted, the necessary water pollution control practices shall be deployed prior to the onset of the precipitation. The Engineer may order the suspension of construction operations which create water pollution if the Contractor fails to conform to the provisions in this section "Water Pollution Control" as determined by the Engineer. MAINTENANCE To ensure the proper implementation and functioning of control measures, the Contractor shall regularly inspect and maintain the construction site for the control measures implemented. The Contractor shall identify corrective actions and time needed to address any deficient measures or reinitiate any measures that have been discontinued. PAYMENT Full compensation for conforming to the provisions in this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. The Engineer will retain an amount equal to 25 percent of the estimated value of the contract work performed during estimate periods in which the Contractor fails to conform to the provisions in this section "Water Pollution Control" as determined by the Engineer. Retentions for failure to conform to the provisions in this section "Water Pollution Control" shall be in addition to the other retentions provided for in the contract. The amounts retained for failure of the Contractor to conform to the provisions in this section will be released for payment on the next monthly estimate for partial payment following the date that water pollution control measures have been implemented or corrected has been implemented and maintained and water pollution is adequately controlled, as determined by the Engineer. 10-1.04 PRESERVATION OF PROPERTY Attention is directed to the provisions in Section 7-1.11, "Preservation of Property,' of the Standard Specifications and these special pro-visions. Existing trees, shrubs and other plants, that are not to be removed as shown on the plans or specified elsewhere in these special provisions, and are injured or damaged or caused to fall by reason of the contractor's operations, shall be replaced by the Contractor as directed by the Engineer. The Engineer shall determine appropriate number, size and species of plants as restitution. The Contractor shall furnish,plant, and maintain the specified plants at his expense. The maintenance period shall be for three years from the 41 .......... ........................................................................................ .........-.... ......... date that the Agency accepts the contract as complete. Typical tree restoration requires trees to be replaced at a 3:1 ratio. This may vary depending on the size and species of the tree, shrub or other plants removed. In addition, the Contractor shall post a security cash bond in the amount of$2,000 plus an additional $200 per tree in excess of three trees, $100 per shrub, and an amount representing 10 times the actual cost of other plants replaced. This security bond will be returned at the end of the three-year maintenance period provided that an 80% survivability is reached with the replacement planting. Failure to reach this goal will require additional planting and another three-year maintenance period with appropriate security bond being retained by the County. Damaged or injured plants shall be removed and disposed of outside the highway right of way in accordance with the provisions in Section 7-1.13 of the Standard Specifications. Prior to commencement of this construction contract, it is expected that the property owner adjacent to Oak Road will install a retaining wall, remove lawn and other landscaping plants, and remove existing irrigation system where it interferes with this project. All areas that have had landscaping removed are f.15 available for the Contractor's use as bounded on the plan sheet using a Right of Entry line. The Contractor shall preserve the retaining wall and all remaining landscaping. A right-of-entry will be available for the contractor to perform a grading conform but is not available to allow the Contractor to store equipment or stockpile materials. If the �Contractor discovers irrigation lines or landscaping that interferes with the work, the Contractor shall notify the Engineer. 10-1.05 OBSTRUCTIONS Attention is directed to Section 8-1.10, "Utility and Non-Highway Facilities," and Section 15, "Existing Highway Facilities," of the Standard Specifications and these special provisions. Attention is directed to the existence of certain underground facilities that may require special precautions be taken by the Contractor to protect the health, safety and welfare of workers and of 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 greater than 150 mm (6 inch) in diameter or pipelines operating at pressures greater than 415 kPa (60 psi) (gage); underground electric supply system conductors or cables, with potential to ground of more than 300 V, either directly buried or in a duct or conduit which do not have concentric grounded or other effectively grounded metal shields or sheaths. The Contractor shall notify the Engineer and the appropriate regional notification center for operators of subsurface installations at least 2 working days, but not more than 14 calendar days,prior to performing any excavation or other work close to any underground pipeline, conduit, duct, wire or other structure. Regional notification centers include,but are not limited to, the following: Notification Center Telephone Number Underground Service Alert-Northern 1-800-6 -2444 California(USA) 1-800-227-2600 It is anticipated that the following utility facilities will be relocated or abandoned prior to the dates shown. 42 ....................... .......... .............. UTILITY LOCATION DA'I'S PG&E High Voltage 10+50±to 13 +20 i- approx 2l' Relocated by Underground Electric Right of`0'-Line April 2004 Power with associated vaults and transformers Moving to approx 31' Right of'0'- Line PG&E 17x30 Box and 13+40±, 34'±Right of`0'-Line Abandoned associated'underground by April conduit and conductors 2004 Comcast(CATV) l7x34" 13+37 ±, 32' Right of`0'-Line Relocated by Box and associated empty April 2004 conduit (no cabling) CCWD (Water) 11+35' i, 16'±Right of`Cl'-Line Relocated by Fire Hydrant I April 2004 In the event that the utility facilities mentioned above are not removed or relocated by the date specified and, if in the opinion of the Engineer, the Contractor's operations are delayed or interfered with by reason of the utility facilities not being removed or relocated by the date specified, the County will compensate the Contractor for the delays to the extent provided in Section 8-1.09, "Right of Way Delays," of the Standard Specifications, and not otherwise, except as provided in Section 8-1.10, "Utility and Mon-Highway Facilities," of the Standard Specifications.' The following utility'facilities will be relocated during the progress of the contract. The Contractor shall notify the Engineer, in writing, prior to doing work in the vicinity of the facility. The utility facility will be relocated within the listed working days, as defined in Section 8-1.46, "Time of Completion," of the Standard Specifications, after the notification is received by the Engineer: UTILITY LOCATION WORKING DAYS Comeast(CATV) 13+08',23'±Right of`0'-Line -_ 2 Conduit and cabling Interferes with the Drainage Inlet. Comcast will lower the conduit below the proposed pipe elevation. The contractor shall make arrangements with the Cable TV Company, Comcast, to coordinate the work. The Contractor shall coordinate with Mr. Brian Sweeney of Comcast at cell phone number (925)_698-4874 or office .number (925) 349-.3374 at least five (5) full working days in advance of work requiring relocation of this facility. The contractor shall provide two (2) working days for Comcast to perform the work. Comcast may contact the contractor at the preconstruction meeting to arrange and pay for use of the contractor's equipment and labor 'to perform the work to limit their short term mobilization of equipment. In the event that the Cable TV lines are not relocated within the number of working days specified and, if in the opinion of the Engineer, the Contractor's operations are belayed or interfered with by reason of the utility facilities not being relocated within the number of working days specified, the County will compensate the Contractor for the delays to the extent provided in Section 8-1.09, "Right of Way Delays," of the Standard Specifications, and not otherwise, except as provided in Section 8-1.10, "Utility and Non-Highway Facilities," of the Standard Specifications: 43 ...........................11.............................................................. ..............-............................................... Full compensation for coordinating with Comcast as specified in these special provisions shall be considered as included in the various contract items of work requiring coordination and no additional compensation will be allowed therefor. The following utilities have facilities within the construction area as shown on the plans and are not expected to be relocated or otherwise impacted by this project. -UTILITY CONTACT PERSON TELEPHONE SBC (telephone) Nichole Francis 925-901-4086 Time Warner Telecom (Fiber Optic) Craig George 925-3383-6326 Astound Broadband/Seren Technologies Dave Womack 925-459-1175 (Fiber Optic) Metropolitan Fiber Services Steve Chrisman 510-772-8372 10-1.06 CONSTRUCTION AREA TRAFFIC CONTROL DEVICES Flagging, signs, and all other traffic control devices furnished, installed, maintained, and removed when no longer required shall conform to the provisions in Section 12, "Construction Area Traffic Control Devices," of the Standard Specifications and these special provisions. Category I traffic control devices are defined as those devices that are small and lightweight (less than 100 pounds), and have been in common use for many years. The devices shall be known to be crashworthy by crash testing, crash testing of similar devices, or years of demonstrable safe performance. Category I traffic control devices include traffic cones, plastic drums, portable delineators, and channelizers. If requested by the Engineer, the Contractor shall provide written self-certification for crashworthiness of Category I traffic control devices. Self-certification shall be provided by the manufacturer or Contractor and shall include the following: date, Federal Aid number (if applicable), expenditure authorization, district, county, route and kilo-meter post of project limits; company name of certifying vendor, street address, city, state and zip code; printed name, signature and title of certifying person; and an indication of which Category I traffic control devices will be used on the project. The Contractor may obtain a standard form for self-certification from the Engineer. than Category 2 traffic control devices are defined as those items that are small and lightweight (less tI 100 pounds), that are not expected to produce significant vehicular velocity change, but may otherwise be potentially hazardous. Category 2 traffic control devices include: barricades and portable sign supports. Category 2 devices shall be on the Federal Highway Administration (FHWA) Acceptable Crashworthy Category 2 Hardware for Work Zones list. This list is maintained by FHWA and,can be located at the following internet address: http:[/safety.fhwa.dot.govlfou-rthleveUhardware/listing,cfm?code=workzone. The Department maintains'a secondary list at the following internet address: fol2s/sigatech/sign -Pdf.htm. ht�p://www.dot.ca.gov/hq/traf ---del/ u Category 2 devices shall be labeled with the FHWA acceptance letter number and the name'of the manufacturer by the start of the project. The label shall be readable. Category 2 devices without a label shall not be used on the project. If requested by the Engineer, the Contractor shall provide a written list of Category 2 devices to be used on the project at least 5 days prior to beginning any work using the devices. For each type of device,the list shall indicate the FHWA acceptance letter number and the name of the manufacturer. 44 Full compensation for providing self-certification for crashworthiness of Category 1 traffic control devices and for providing a list of Category 2 devices used on the project and labeling Category 2 devices as specified shall be considered as included in the prices paid for the various contract items of work requiring the use of the Category 1 or Category 2 traffic control devices and no additional compensation will be allowed therefor. 10-1.07 CONSTRUCTION AREA SIGNS Constructionarea signs shall be furnished, installed, maintained, and removed when no longer required in conformance with the provisions in Section 12, "Construction Area Traffic Control Devices," of the Standard Specifications and these special provisions. Attention is directed to the provisions in "Prequalified and Tested Signing and Delineation Materials" of these special provisions. Type II retroreflective sheeting shall not be used on construction area sign panels. The Contractor shall notify the appropriate regional notification center for operators of subsurface installations at least 2 working days, but not more than 14 calendar days; prior to commencing excavation for construction area sign posts. The regional notification centers include, but are not limited to, the following: Notification Center Telephone Number Underground Service Alert-Northern 1-804-642-2444 California(USA) 1-800-227-2600' Excavations required to install construction area signs shall be performed by hand methods without the use of power equipment, except that power equipment may be used if it is determined there are no utility facilities in the area of the proposed post holes. Sign substrates for stationary mounted construction area signs may be fabricated from fiberglass reinforced ,plastic as specified under "Prequalified and Tested Signing and Delineation Materials" of these special provisions. The Contractor may be required to cover certain signs during the progress of the work. Signs that are no longer required or that convey inaccurate information to the public shall be immediately covered or removed, or the information shall be corrected. Covers for constructionarea signs shall be of sufficient size and density to completely block out the complete face of the signs. The retroreflective face of the covered signs shall not be visible either during the day or at night. Covers shall be fastened securely so that the signs remain covered during inclement weather. Covers shall be replaced when they no longer cover the signs properly. Note 4 in the first paragraph of Section 12-3.06A, "Stationary Mounted Signs," of the Standard Specifications is amended to read: 4. The post embedment shall be 2.5 feet backfill with native material. Compact by tamping. Payment for construction area signs will be made in increments of the contract lump sum price for this item of world in the following manner: Initial'Increment: 60 percent of the lump sutra price upon satisfactory completion of installation of signs. Final Increment: Balance of the lump sum price upon satisfactory completion of removal of signs. 45 .........................................................................................................- ...................................... 10-1.08 MAINTAINING TRAFFIC Attention is directed to Sections 7-1.08, "Public Convenience," 7-1.09, "Public Safety," and 12, "Construction Area Traffic Control Devices," of the Standard Specifications and to the provisions in "Public Safety" of these special provisions and these special provisions. Nothing in these special provisions shall be construed as relieving the Contractor from the responsibilities specified in Section 7-1.09. Lane closures shall conform to the provisions in section "Traffic Control System for Lane Closure" of these special provisions. The Contractor shall notify local authorities of the Contractor's intent to begin work at least 5 days before work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make arrangements relative to keeping the working area clear of parked vehicles. Local authorities are defined as, but not limited to, Contra Costa Sheriffs Department, California Highway Patrol, local Fire Department, United States Post Office, local waste management companies Emergency Response Companies and/or all businesses or regular users whose ability to perform their daily job will be affected by road closures, detours or general work by the Contractor. Whenever vehicles or equipment are parked on the shoulder within 6 feet of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at 25 feet intervals to a point not less than 25 feet past the last vehicle or piece of equipment. A minimum of 9 cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted on a portable sign stand with flags. The sign shall be placed where designated by the Engineer. No construction equipment or construction materials shall be parked or stockpiled within 10 feet of a traffic lane when construction operations are not actively in progress. The far right lane of northbound Oak Road and eastbound Treat Blvd may be closed while construction activities are actively occurring and for the durations specified elsewhere in these special provisions. No work that interferes with public traffic shall be performed between 4:00 p.m. and 6:00 a.m. on Treat Blvd and Oak Road.except work required under Sections 7-1.08 and 7-1.09 of the Standard Specifications and these special provisions. The fall width of the traveled way shall be open for use by public traffic on Saturdays, Sundays and designated legal holidays; after 3,:00 p.m. on Fridays and the day preceding designated legal holidays; and when construction operations are not actively in progress. Designated legal holidays are listed elsewhere in these special provisions. The width of the far right lane of northbound Oak Road may be reduced to 10.5 feet with a maximum of 1.5' drop off at the edge of traveled way during non-construction hours while adjoining pavement excavation and asphalt concrete placement work is in progress provided that delineators have been installed as discussed in "Public Safety" of these special provisions. In addition to the delineators, that state "Open Trench" or "Shoulder Work Ahead" a the Contractor shall install construction signs th, maximum of 20 feet in advance of the drop-off. The contractor shall perform all roadway excavation and asphalt concrete placement operations that would cause a drop-off condition during one work week (Monday to Friday). Under no circumstance shall a drop-off at the edge of traveled way be allowed during a Friday, Saturday, or Sunday night. When the above requirements are not met, the excavated area adjacent to the traveled way shall have a 4:1 taper or flatter in place, as specified in"Public Safety" and "Order of Work" of these Special Provisions. The provisions in this section will not relieve the Contractor of responsibility for providing additional devices or taking measures as may be necessary to comply with the provisions in Section 7-1.09, "Public Safety," of the Standard Specifications. 46 ..................I.............. ............................................................................................. ............................. LATE REOPENING OF CLOSURES If a closure is not reopened to public traffic by the specified time, work shall be suspended in conformance with the provisions in Section 8-1.05, "Temporary Suspension of Work," of the Standard Specifications. The Contractor shall not make any further closures until the Engineer has accepted a work plan, submitted by the Contractor, that will insure that future closures will be reopened to public traffic at the specified time. The Engineer will have 2 working days to accept or reject the Contractor's proposed work plan. The Contractor will not be entitled to any compensation for the suspension of work resulting from the late reopening of closures. For each 10-minute interval, or fraction thereof past the time specified to reopen the closure, the County will deduct $100 per ten-minute interval from moneys due or that may become due the Contractor under the contract. Minor deviations from the requirements of this section concerning hoursof work which do not significantly change the cost of the work may be permitted upon the written request of the Contractor if, in the opinion of the Engineer, public traffic will be better served and the work expedited. These deviations shall not be adopted by the Contractor until the Engineer has approved the deviations in writing. Other modifications will be made by contract change order. TRAFFIC CONTROL SYSTEM FOR LANE CLOSURE A traffic control system shall consist of closing traffic lanes in conformance with the details shown on the plans, the provisions in Section 12, "Construction Area Traffic Control Devices," of the Standard' Specifications, the provisions under "Maintaining Traffic" and "Construction Area Signs" of these special provisions, and these special provisions. During traffic stripe operations and pavement marker placement operations using bituminous adhesive, traffic shall be controlled, at the option of the Contractor, with either stationary or moving lane closures. During other operations, traffic shall be controlled with stationary Ian I e closures. Attention is directed to the provisions in Section 84-1.04, "Protection From Damage," and Section 85-1.06, "Placement," of the Standard Specifications. If components in the traffic control system are displaced or cease to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediatelyrepair the components , to the original condition or replace the components and shall restore the components to the original location. STATIONARY LANE CLOSURE When lane and ramp closures are made for work periods only, at the end of each work period, components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder. If the Contractor so elects, the components may be stored at selected central locations,I designated by the Engineer within the limits of the highway right of way. Each vehicle used to place, maintain and remove components of a traffic control system on multilane highways shall be equipped with a Type 11 flashing arrow sign which shall be, in operation when the vehicle is being used for placing, maintaining or removing the components. Vehicles equipped with Type 11 flashing arrow sign not involved in placing, maintaining or removing. the components when . operated within a stationary type lane closure shall only display the caution display mode. The sign shall be controllable by the operator of the vehicle while the vehicle is in motion. The flashing arrow 47 .........................................................................................-.... sign shown on the plans shall not be used on the vehicles which are doing the placing, maintaining and removing of components of a traffic control system and shall be in place before a lane closure requiring the sign's use is completed. TRAFFIC CONTROL FOR PAVEMENT DELINEATION During traffic stripe operations and pavement marker placement operations using bituminous adhesive, traffic shall be controlled, at the option of the Contractor, as provided for under "Traffic Control System for Lane Closure" of these Special Provisions, or by use of an alternate traffic control plan proposed by the Contractor. The Contractor shall not start traffic stripe operations using an alternate plan until he has submitted his plan to the Engineer and has received written approval of said plan. Alternate traffic control plans for striping operations shall conform to the provisions in Section 7-1,08, "Public Convenience," 7-1.09, "Public Safety," and 12, "Construction Area Traffic Control Devices," of the Standard Specifications and these special provisions. Full compensation for providing traffic control for applying traffic stripes and pavement markers shall be considered as included in the contract prices paid for the various items of work and no separate payment will be made therefor. FLAGGING COSTS In lieu of the provisions of Section 12-2.02, "Flagging Costs," of the Standard Specifications regarding equal payment by the State and the Contractor, full compensation for furnishing flaggers, including transporting flaggers, providing stands or towers for use of flagg- ers, shall be considered as included in the contract price paid for the various items of work that require flagging and no separate payment will be made therefor. MAINTAINING PEDESTRIAN TRAFFIC The Contractor shall detour pedestrian traffic around the construction site while the walking surface is not available. The Contractor shall provide signs on a removable barricade that would direct pedestrians to cross the street at a signalized intersection. At a minimum, signs shall be placed at the following locations: I Northeast corner of Jones Road and Oak Road 2. Southwest comer of Treat Boulevard and Oak Road 3. Northeast comer of Treat Boulevard and Oak Road 4, Southwest comer of Treat Boulevard and Jones Road PAYMENT The adjustment provisions in Section 4-1.03, "Changes," of the Standard Specifications shall not apply to the item of traffic control system. Adjustments in compensation for traffic control system will be made only for increased or decreased traffic control system required by changes ordered by the Engineer and will be made on the basis of the cost of the increased or decreased traffic control necessary. The adjustment will be made on a force account basis as provided in Section 9-1.03, "Force Account Payment," of the Standard Specifications for increased work and estimated on the same basis in the case of decreased work. The contract lump sum price paid for traffic control system shall include full compensation for furnishing all labor, materials (including signs), tools, equipment, and incidentals, and for doing all the work involved in placing, removing, storing, maintaining, moving to new locations, replacing and disposing of the components of the traffic control system shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. 48 ..................................- ............- Full compensation for providing pedestrian facilities, detour signs, and barricades shall be considered as included in the prices paid for the various contract items of'wort{ involved and no additional compensation;will be allowed therefore. 10-1.09 EXISTING HIGHWAY FACILITIES The work performed in connection with various existing highway facilities shall conform to the provisions in Section 15, "Existing Highway Facilities," of the Standard Specifications and these special provisions. Miscellaneous highway facilities shall include any improvement or facility located within the area of work. All existing facilities that are within the limits of clearing and grubbing as described elsewhere in these special provisions, and in conflict with the work to be done, shall be removed unless otherwise noted on the plans 10-1.09A RELOCATE ROADSIDE SIGN Existing roadside signs shall be removed and relocated to the new locations shown on the plans. Each roadside sign shall be installed at the new location on the same day that the sign is removed from its original location. If a roadside sign cannot be relocated on the same day, temporary signs shall be provided until the final sign is placed. 10-1.09B REMOVE PIPE LINE The ends of culverts and pipelines shall be securely closed by a 6"thick tight fitting plug or wail of commercial quality concrete. Pipelines shall not be abandoned until their use is no longer required. The Contractor shall notify the Engineer in,advance of any intended culvert or pipeline abandonment. Full compensation for concrete plugs, pipe removal (including cutting), structure excavation, and backfill (including sand, controlled low strength material or slurry cernent backfill) shall be considered as included in the contract lump sum price paid for clearing-and grubbing, and no additional compensation will be allowed therefor. 10-1.090 MODIFY INLET The adjustments shall conform to the provisions in Section 15-2.05, "Reconstruction," of the Standard Specifications with the following modifications: Portland cement concrete used for adjustments shall be minor concrete containing not less than 470 pounds of portland cement per cubic yard and shall conform to the provisions i Section 51, "Concrete Structures," of the Standard Specifications. The combined aggregate grading shall be the 1 inch Max. grading,specified in Section 90-3.04, "Combined Aggregate Gradings," of the Standard Specifications. Mortar used for adjustments shall conform to the provisions in Section 51-1.135, "Mortar," of the Standard Specifications. Salvaged materials, except monument covers and frames, which are undamaged may be reinstalled as directed by the Engineer. Structures built of cast-in-place concrete, precast concrete, brick or vitrified clay pipe parts shall be replaced in kind, unless otherwise permitted by the owners of the facilities. During sealing or paving operations, all surface structures shall be protected and no material shall be permitted to fill openings or joints between frames and covers. Facilities shall be adjusted so that there will not be any perceptible difference in elevation between finished pavement surface and the facility. The Engineer shall be the sole judge of the acceptable degree of smoothness of passage of a motor vehicle over the adjusted facility. 49 ....................................................................................................... ................................................... Materials used to accomplish the adjustment shall be at least equal in quality to those in the original structure, or shall be as noted on the plans. Cast iron adjusting rings shall not be used to accomplish the adjustment. When a manhole adjustment involves excavation or concrete removal, a temporary cover shall be placed to prevent entry of materials into the manhole and drainage or sewer pipes. The contract unit prices paid for modifying inlets shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved in adjusting the facilities, complete in place, including removing portions of inlets, bar reinforcing steel, concrete, structure excavation, and structure backfill as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. No compensation will be allowed for any adjustments which are performed by others. 10-1.09D REMOVE CONCRETE Concrete where shown on the plans to be removed, shall be removed. Concrete removed shall be disposed of outside the highway right of way in conformance with the provisions in Section 7-1.13, "Disposal of Material Outside the Highway, Right of Way," of the Standard Specifications. Full compensation for removing and disposing of concrete shall be considered as included in the lump sum contract price paid for Clearing and Grubbing, and no separate payment will be made therefor. 10-1.10 CLEARING AND GRUBBING Clearing and grubbing shall conform to the provisions in Section 16, "Clearing and Grubbing," of the Standard Specifications and these special provisions. Vegetation shall be cleared and grubbed only within the excavation and embankment slope lines. Activities controlled by the Contractor, except cleanup or other required work, shall be confined within the graded areas of the roadway. Nothing herein shall be construed as relieving the Contractor of the Contractor's responsibility for final cleanup of the highway as provided in Section 4-1.02, "Final Cleaning Up," of the Standard Specifications. Trees and shrubs shall not be removed unless they are shown and noted on the plans to be,removed. All trees and shrubs conflicting with grading, utilities, or other improvements or overhanging the sidewalk or pavement so as to form a nuisance 'or hazard to the public shall be trimmed to provide 18 feet of clearance over roadways and 8 feet of clearance over sidewalks or walkways. All roots exposed in trench and roadway excavation shall be cut neatly at accordance the excavation line in with recognized standards of good arboricultural practices. The provisions of the last paragraph of Section 16-1.03, "Construction," of theStandard Specifications are amended to also include the trimming of roots of trees and shrubs that are to be leftin place. 10-1.11 EARTHWORK Earthwork shall conform to the provisions in Section 19, "Earthwork," of the Standard Specifications and these special provisions. Any material imported for the construction of embankments or as backfill for structures, culverts, and other facilities shall meet the following requirements: 50 ................ .......................................................................................................1.1.11,111,111, ....................................................................................... PH ' I >5.5 (> 7.3) 2 Water Soluble Sulfate i J <0.2% : Resistivity(R) > 300© ohm tin I Per California Test 532&643. 2 For backfill around metal pipe/conduit. 3 Reported as SO4. Surplusexcavated material shall become the property of the Contractor and shall be disposed of outside the highway right of way in conformance with the provisions in Section 7-1.13, "Disposal of Material Outside the Highway Right of Way," of the Standard Specifications, Where a portion of the existing surfacing is to be removed, the outline of:the area to be removed shall be cut on a neat line with a power-driven saw to a minimum depth of 2 inches before removing the surfacing. Full compensation for cutting the existing surfacing shall be considered as included in the contract price paid per cubic yard for roadway excavation and no additional compensation will be allowed therefor. 10-1-12 AGGREGATE BASE Aggregate base shall be Class 2 and shall conform to the provisions in Section 26, "Aggregate Bases," of the Standard Specifications and these special provisions. The restriction that the amount of reclaimed material included in Class 2 aggregate base not exceed 50 percent of the total volume of the aggregate used shall not apply. Aggregate for Class 2 aggregate base may include reclaimed glass. Aggregate base incorporating reclaimed glass shall not be placed at locations where surfacing will not be placed over the aggregate base. 10-1.13 ASPHALT CONCRETE Asphalt concrete shall conform to the provisions in Section 39, "Asphalt Concrete," of the Standard Specifications and these special provisions. The Contractor shall submit an asphalt concrete mix design at the pre-construction meeting to be approved by the County. The mix design shall state the amount of asphalt binder to be mixed with the aggregate for asphalt-concrete by weight of the dry aggregate based on California Test methods 366 and 367. If the supplier has an approved mix design that meets the requirements of these special provisions and the mix design is registered with the Contra Costa County Public Works Department, Materials Testing Laboratory, the Contractor need only submit a letter to the Engineer identifying the supplier, the mix registration number and the source of the aggregate. Unless otherwise directed by the Engineer, asphalt binder to be mixed with aggregate shall be steam- refined paving asphalt, viscosity grade AR 4000 When aggregate is tested in accordance with Test Method No. Contra Costa County 214 (AC), the loss of sodium sulphate shall not exceed 9.6 percent. Aggregate for the base lifts shall be Type A conforming to the grading for the 1 1/4" maximum, medium grading. Aggregate for the final lift shall be Type A conforming to the grading for the 1/2" maximum, medium grading. Asphalt Concrete (Type A, Y2" Max)will be measured and paid for as Asphalt Concrete (Type A, 1/4" Max). Paint binder (tack coat) shall be R.S-1 asphaltic emulsion. Paint binder used,as a tack coat shall be applied at a rate of 0.07 gallons per square yard. Asphalt concrete placed in the top layer of the surfacing shall be obtained from only one asphalt plant. 51 ....... ... ...... .......''I'll'-,........ .................................................... ................. . ................................................................................. ....... ............................................. The provisions in Section 39-6.02, "Spreading," of the Standard Specifications are amended with the following: While spreading the final lift of asphalt concrete (wearing surface), all excess asphalt concrete along cold joints shall be carefully removed and disposed. This excess material shall not be placed by any means over the asphalt concrete being spread. The sixth paragraph of section 39-2.02 of the Standard Specifications is replaced with the following: If the results of either or both the aggregate grading and Sand Equivalent tests do not meet the requirements specified for "Contract Compliance," the asphalt concrete or asphalt concrete base which is represented by these tests shall be removed. However, if requested by the Contractor and approved by the Engineer, the asphalt concrete or asphalt concrete base may remain in place and the Contractor shall pay the State $15.00 per ton for the asphalt concrete or asphalt concrete base represented by these test and left in place. The Department may deduct this amount from any moneys due, or that may become due, the Contractor under the contract. If both the aggregate grading and Sand Equivalent do not conform to the"Contract Compliance"requirements, only one adjustment shall apply. 10-1.14 MINOR CONCRETE STRUCTURES Portland cement concrete structures shall conform to the provisions in Section 51, "Concrete Structures," of the Standard Specifications and these special provisions. The provisions of Section 51-1.02, "Minor Structures," and Section 90-10, "Minor Concrete," of the Standard Specifications, shall apply except as modified herein. Drainage inlets, sidewalk cross drains, culvert headwalls, endwalls, junction boxes, and manholes are classified as minor stnictures. Inlet structures shall not be precast excepting for precast inlet tops as allowed by various County Standard Plans. Filter material for weepholes shall be concrete aggregate conforming to the provisions in Section 90-2.02, "Aggregates," of the Standard Specifications. The grading limits of the combined aggregate for filter material shall be those for the I inch Max. grading in Section 90-3.04, "Combined Aggregate Gradings," of the Standard Specifications. The grading limits for the combined aggregate grading for aggregate used in portland cement concrete shall be those for the I inch Max. grading in Section 90-3.04, "Combined Aggregate Gradings, of the Standard Specifications. When a drainage inlet is constructed in two or more segments, with a construction joint at the pavement subgrade, and the portion of the inlet above the joint is constructed monolithically with the curb and sidewalk, the concrete for the upper portion of the inlet shall be the same class as is used for the curb and sidewalk. The provisions of Section 51-1.18B, "Class I Surface Finish," of the Standard Specifications, are modified as follows: In lieu of the provisions of the first sentence of the second paragraph requiring sanding, the surfaces to receive a Class 1 Surface Finish shall be finished with a neat cement wash or with a brush coat or surface film of thin cement mortar composed of one part portland cement and one part of fine sand that will pass through a No. 16 sieve. 52 . ........................ ................................... ........... .................... .......... The contract unit price paid for minor structures shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all work involved in constructing the minor structures complete in place, including structure excavation and structure backfill, furnishing and placing bar reinforcing steel and miscellaneous iron and steel (including metal frames and covers; and frames and grates), furnishing and placing sacked filter material for weepholes, and doing all the work necessary to construct the minor structures complete in place, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. The eighth and ninthparagraph of Section 90-2.02 are replaced with the following`. If the results of either or both the Cleanness Value and coarse aggregate grading tests do not meet the requirements specified for "Contract Compliance," the concrete which is represented by the tests shall be removed. However, if the Engineer determines that the concrete is structurally adequate, the concrete may remain in place, and the Contractor shall pay to the State $10 per cubic yard for paving concrete and $15 per cubic yard for all other concrete for the concrete represented by these tests and left in place. The Department may deduct the amount from any moneys due, or that may become due, the Contractor under the contract. If the results of either or both' the Sand Equivalent and fine aggregate grading tests do not meet the requirements specified for "Contract Compliance," the concrete which is represented by the tests shall be removed. .However, if the Engineer determines that the concrete is structurally adequate, the concrete may remain in place, and the Contractor shall pay to the State $10 per cubic yard for paving concrete and $15 per cubic yard for all other concrete for the concrete represented by these tests and left in place. The Department may deduct the amount from any moneys due, or that may become due, the Contractor under the contract. 10-1.15 ROADSIDE SIGNS Roadside signs shall be installed at the locations shown on the plans or where designated by the Engineer and in conformance with the provisions in Section 56-2, "Roadside Signs," of the Standard Specifications and these Special Provisions. 10-1.16 'REINFORCED CONCRETE PIPE Reinforced concrete pipe shall conform to the provisions in Section 65, "Reinforced Concrete Pipe;" of the Standard Specifications .and these special provisions. Concrete slab shall conform to the provisions of Section 51-1.02, "Minor Structures" and section 90-10, "Minor Concrete" of the Standard Specifications and'these special provisions. Where embankment will not be placed over the top of the pipe, a relative comaction'of not less than 85 percent shall be required below the pipe spring line for pipe installed using Method 1 backfill in trench, as shown on Standard Plan A62D. Where the pipe is to be placed under the traveled way, a relative compaction of not less than 90 percent shall be required unless the minimum distance between the top of the pipe and the pavement surface is the greater of 4 ft. or one half of the outside diameter of the pipe. Except as otherwise designated by classification on the plans or in the specifications, joints for culvert and drainage pipes shall conform to the plans or specifications for standard joints. When reinforced concrete pipe is installed in conformance with the details shown on Revised Standard Plan A62DA, the fifth paragraph of Section 19.3.04, "Vater Control and Foundation Treatment," of the Standard Specifications shall not apply. When solid rock or other unyielding material is encountered at the planned elevation of the bottom of the bedding, the material below the bottom of the bedding shall be removed to a depth of 1150 of the height of the embankment over the top of the culvert,but not less than 150 mm nor more than 300 mm. The resulting trench below the bottom of the bedding shall be backfilled with structure backfill material 53 -_------------__ � in conformance with the provisions in Section 19-3.06, "Structure Backfill," of the Standard The excavation and backfill below the planned elevation of the bottom of the bedding will be paid for as extra work as provided in Section 4-1.03D, "Extra Work," of the Standard Specifications, The Outer Bedding shown on Revised Standard Plan A62DA shall not be compacted prior to placement of the pipe. Full compensation for constructing a concrete slab over the 18" reinforced concrete pi-pe as shown on the contract plans shall be considered as included in the contract price paid per linear foot for 18" Reinforced Concrete Pipe (Class_V) and no additional compensation will be allowed, therefor. 10-1.17 MISCELLANEOUS CONCRETE CONSTRUCTION Concrete curbs, sidewalks, gutter depressions, island paving, curb ramps (wheelchair ramps), ditches and driveways shall conform to the provisions in Section 73, "Concrete Curbs and Sidewalks," of the Standard Specifications, except as modified herein. The second paragraph of Section 73-1.01, "Description," of the Standard Specifications is amended to read: Such work shall be constructed of minor concrete conforming to the provisions in Section 90-10, "Minor Concrete," except as follows: The maximum size of aggregate used for miscellaneous concrete construction shall be I inch. Where sidewalk is to be constructed immediately adjacent to new concrete curb, the curb and sidewalk shall be constructed mo.nolithically, except where different types of concrete are adjacent (e.g., exposed aggregate or colored concrete next to the curb). No deviation in shape and design of curb ramps and driveways with sidewalk from the standard plans will be allowed, unless such deviations are noted on the construction plans. The contractor shall utilize screed boards or templates to guide the casting of the curb ramps and driveways with sidewalk to the dimensions shown on the appropriate standard plan or construction plan. Free forming of these facilities will not be allowed. The Contractor's attention is directed to the "Order of Work" section of these special provisions regarding performance of exposed aggregate and colored concrete work on separate days. Conforms with existing concrete shall be sawcut. After sawcutting, concrete shall be cleaned. TI concrete may be cleaned by abrasive blast cleaning or other methods approved by the Engineer. Repairs shall be made by removin.g and replaciriv,the entire unit between joints. Full compensation for sawoutting existing concrete curbs, sidewalks, driveways, and curb ramps shall be considered as included in the contract unit prices paid for minor concrete and no separate payment will be made therefor. Aggregate subbase or aggregate base for miscellaneous concrete shall conform to Section 25, "Aggregate Subbases," arid Section 26, "Aggregate Bases," respectively, of the Standard Specifications. udes a separate pay item for aggregate base or aggregate subbase, the quantities If this contract inci of aggregate base I and aggregate subbase placed under concrete curbs, sidewalks, driveways, depressions and curb ramps will be measured and paid for as aggregate base or aggregate subbase. If this contract does not include a separate pay item for aggregate base or aggregate s b ase, the quantities of aggregate base or aggregate subbase laced under minor concrete will not be measured. aggregate subbase shall be Full compensation for furnishing, placing and compacting aggregate base and , considered as included in the contract prices paid for minor concrete and no separate payment will be made therefor. 54 � ..................................................................................................................I..''.'''', .. ........................................................................................ When constructinc, new curb, sidewalk or driveway adjacent to existing curb, sidewalk or driveway, the Contractor shall dowel the existing concrete to the new concrete with #4 reinforcing bars. Two No. 4 bars shall be used to dowel new curb to existing curb, otherwise #4 bars shall be spaced at 3 foot maximum intervals in doweling new and existing concrete. Embedment shall be 6 inches minimum into both the new and existing concrete. Full compensation for doweling into existing>concrete, and dowels, shall be considered as included in the contract prices paid for minor concrete and no additional compensation will be allowed therefor. The lengths of curbs at structures, designated as aprons and transitions on the plans, will not be measured. Full compensation for aprons and transitions shall be considered as included in the contract unit prices paid for minor structures and no separate payment will be made therefor. Driveways, curb ramps and sidewalks which are contiguous with curb will be measured from a point 6 inches behind the face of curb. Curbs shall include curb transitions and depressions along driveways and curb ramps. Driveways, curb ramps and portland cement concrete path conforms will be paid for as minor concrete (sidewalk). No deduction in quantities of minor concrete (sidewalk) will be made for utility covers and portions of inlets behind the projected back of curb line. The area of concrete for the treewells shall be deducted from the total quantity of minor concrete (sidewalk). The fourth paragraph of Section 73-1.05, "Curb Construction," shall apply. Expansion joints will be required. In lieu of the provisions in Sections 73-1.07, "Measurement," and 734,108, "Payment," of the Standard Specifications, measurement and payment for miscellaneous concrete construction will be made in units as specified in the bid proposal. 10-1.17A EXPOSED AGGREGATE CONCRETE The work shall consist of furnishing and placing exposed aggregate concrete as indicated on the Contract plans including providing samples of the seeding aggregate, placing seed aggregate, brushing and flushing the surface to expose the seeded aggregate surface, curing, and acid washing the surface. This section shall apply to all surface finishes indicated as "exposed aggregate" on the plans. This work shall be performed in conformance with Section 73, "Concrete Curbs and Sidewalks" and Section 90-10, "Minor Concrete," of the Standard Specifications, except as specified in these special provisions. Work on exposed aggregate concrete shall be performed by a specialty Contractor who has had 5 or more years of experience performing work of a similar complexity and quality. The Specialty Contractor shall furnish installers' qualifications upon request by the Engineer. Materials Mix designs shall be submitted to the Engineer at or before the preconstruction meeting. The contractor shall provide a sample bag of seeding aggregate to the E.ngi neer for approval at Engineer least two weeks before placement of exposed aggregate concrete. If the Engineer finds the sample does not reasonably match the color, size, texture, or other attributes of the existing exposed aggregate, the Contractor shall provide another sample. The Contractor will not be allowed additional working days for failure to find a reasonably matched sample. Aggregate source and cement type and brand shall not be altered once construction begins. The aggregate to be used in seeding shall match in size and color the existing exposed aggregate to the satisfaction of the Engineer. The aggregate shall be hard, sound, durable, and free of all deleterious materials and staining qualities. Flat, slivery stones shall not be used. 55 .......................1.11........ .........1.11,11,1111,........ ....................................................................... .............. ............. ................................................................................ Installation Prior to the concrete placement operation, all selected seeding aggregate shall be washed thoroughly so it is free of all dust, dirt, and clay particles. The aggregate shall be in damp condition, but without free surface water at the time of seeding application. There shall be sufficient select aggregate on hand to complete seeding once it has started. After the base concrete is placed as specified elsewhere in these special provisions, the strikeoff and bullfloat operations shall be such that a level surface is obtained sufficiently below the final finish grade to allow for volume growth due to addition of seeding aggregate. The seeding operation shall start immediately after placement of concrete as described above. The select aggregate shall be carefully and uniformly seeded by suitable means so that the entire surface is completely covered with one layer of stone. Stacked stone as well as slivery particles shall be removed at this time. The aggregate shall be embedded by suitable means. Under,no circumstances shall areas lacking in mortar be filled with small quantities of the base concrete mix. When the concrete is hard enough to retain the embedded aggregate and the>mortar is still soft enough to be removed by brushing, the surface shall be brushed and flushed with water. The exposing operation of washing and brushing with a stiff bristle broom shall continue until the surface matches the existing exposed aggregate concrete finish. The final washing operation shall cease when the flush water runs clear and there is no noticeable cement film on the aggregate. Work shall be planned so that the concrete placing and aggregate seeding procedures are coordinated with the capabilities of the washing and brushing crew. An approved chemical retarder sprayed onto the freshly floated surface may be used to extend the working time for exposure of aggregate. Attention is directed to the Water Pollution Control section of these special provisions. As soon as the washing operation ceases, the curing operation shall begin. Follow all manufacturers recommendations for cure powders used on exposed aggregate. After the slab is cured and no sooner than two weeks after the concrete has been placed, cement film shall be removed from the surface of the aggregate by acid wash. Delaying the acid wash additional time is permissible, in fact, desirable. The slab shall be saturated with water, brushed free of standing water, and washed with a 5% to 10% solution of Muriatic Acid. Several flush-ings with clear water should follow the acid wash. Payment Full compensation for providing test samples of the seeding aggregate, furnishing and placing base concrete, seeding aggregate, exposing the aggregate, applying the acid wash, and dowelling into adjacent concrete shall be considered as included in the contract price paid per square foot for Minor Concrete (Exposed Aggregate)and no additional compensation will be allowed therefor. 10-1.17B COLORED CONCRETE This section shall consist of furnishing and placing colored concrete. This section shall apply to all surface finishes indicated as "colored concrete" on the plans. This work shall be performed in conformance with Section 73 "Concrete Curbs and Sidewalks" and Section 90-10, "Minor Concrete," of the Standard Specifications, except as specified in these Special Provisions. Integral color, scoring, and texture work of all concrete shall be performed by a Specialty Contractor who has had 5 or more years of experience performing work of a similar complexity and quality. The Specialty Contractor ,shall furnish installers' qualifications upon request by the Engineer. Materials Mix designs shall be submitted to the Engineer at or before the preconstruction meeting. Consultation with concrete coloring agent manufacturer is required; follow manufacturer's 56 ........................ ............ ........................ ............................... recommendations. Mix cement, fine and coarse aggregates, admixtures and water to exact proportions of the mix design. Integral color admixture formula is factory measured and distributed in "per sack" volume;bags. The contractor shall provide a test sample of colored concrete to the l,ngineer for approval at least two weeks before placement of colored concrete. If the Engineer finds the sample does not reasonably match the color, size, texture, or other attributes of the existing colored concrete, the Contractor shall provide another sample. The Contractor will not be allowed additional working days for failure to find a reasonably matched sample. Integral Color and Finish Schedule: The color of the concrete shall match the existing color to the satisfaction of the Engineer. Colored concretes shall be obtained as specified herein and as follows': Integrally colored concrete shall contain proper amounts proportioned per sack of cement for each concrete mix of CHROMIX Admixture for color-conditioned concrete (Standard colors, unless otherwise noted above) as manufactured by L. M. Scofield Company, Los Angeles, CA 90040 local representative: (415) 255-2728, or approved equal. The color-conditioning admixture shall be a single component, pigmented, water-reducing, concrete admixture, factory formulated and packaged in cubic yard dosage increments, not multiple,::,additives and pigments to be dosed separately into the mix. It shall comply with ASTM 0979 for pigment and ASTM 0494 for dispersion agent. The concrete shall contain sacks of cement per cubic yard to comply with the strength of concrete mix specified or shown on plans, no reactive aggregate, and no calcium chloride. The slump shall not exceed 4 inches. Pigmented Sealing/Curing Compound or form release agents: At all integrally colored concrete: Follow manufacturer's recommendations. Installation Place the concrete as specified elsewhere in these special provisions. Avoid methods that will discolor or mottle the desired finish calor. Payment Full compensation for providing test parcels of the colored concrete, furnishing and placing colored concrete and dowelling into adjacent concrete shall be considered as included in the contract price paid per square forst for minor Concrete (Colored Concrete) and no additional compensation will be allowed.therefor. 10-1.1:70 PAVEMENT BLOCKS ON CONCRETE BASE The work shall consist of furnishing and installing all pavement blocks, sand bedding, concrete base, expansion joints and features as shown on the drawings and as specified herein:. The concrete base shall conform to the provisions in Section 90-10, "Minor Concrete " of the Standard Specifications, except as specified in these special provisions. The pavement block installer shall be a Specialty Contractor with a minimum of two (2) years of experience with block layout and installation for similar-sized and quality street work, using methods for pavement block installation as specified herein. Method >includes placing each pavement black in a sand setting bed within a concrete base. The Specialty Contractor shall furnish installers' qualifications upon request by the Engineer. Materials Concrete pavement blocks shall be selected to match the existing pavement blocks in color, shape, and texture. If an exact match cannot be located, a suitable alternative may be selected with approval by the Engineer. Pavement blocks shall have a minimum compressive strength of 8,000 psi 57 ..................................................................... in accordance with testing procedures ASTM C-14, and me-It 0939-82 "Specifications for Solid Concrete Interlocking Paving Units." All pavement blocks shall be sound and free of defects that would interfere with the proper placing of pavement blocks or impair the strength or permanence of the construction. Pigments used in concrete pavement blocks shall be synthetic iron oxide and shall be alkali-resistant. Copies of pavement block tags or certifications shall be provided to the Engineer. Submit - pavement block manufacturer's documentation of compressive strength, water absorption, abrasion index and dimensional tolerances to Engineer. Submit data on all other materials specified to Engineer. Sand for joints and the setting bed shall be be cleaned washed sand with 50% finer than #50 sieve. Other materials not specifically described but required for a complete and proper installation of pavement blocks shall be as selected by the Contractor, subject to the approval of the Engineer. Preparation The concrete base shall be completely cleaned of all curing compounds. Sand shall be placed in the concrete base to the dimensions shown in the plans. Laying Pavement Blocks Pavement blocks shall be laid in a full bed of sand over concrete base, as shown on details. Position the concrete pavement blocks with hand tight joints in the sand bed and tap into level with adjacent work and elevations. Laying pattern of the pavement blocks shall match the existing pattern. String lines shall be used to hold all pattern lines and elevations true. The first row shall abut an edge restraint and shall be laid at a suitable angle to the edge restraint to achieve the required visual orientation of pavement blocks in the completed pavement. In each row all full units shall be laid first. Closure pavement blocks shall be cut and fitted subsequently. Pavement blocks may be cut using a mechanical or hydraulic guillotine bolster, or by power sawing. Any pavement blocks adjacent to other paving, utilities, tight bollards, etc. shall be carefully cut so that the gap is even and no more than 1/8 inch wide. All concrete pavement block work shall be plumb, level, and true to line and all comers and angles shall be square unless otherwise indicted on the drawings. Slight, -uniform adjustments shall be made to pavement blocks to avoid small slivers of pavement blocks in filling small gaps. Cutting two rows of pavement blocks will be required to avoid small slivers wherever the Engineer deems necessary. Whole pavement blocks shall be installed adjacent to existing pavement blocks. Damaged pavement blocks, which are structurally damaged during compaction, shall be immediately removed and replaced. Sand shall be spread over the installed pavement blocks and swept into joints. Excess sand shall be swept into the joints or disposed of from surface area. The completed pavement blocks installation shall be washed down and cleaned to provide a clean,finished workman-like installation. Provide for positive drainage on all concrete pavement block surfaces. Report in writing all discrepancies or omissions on drawings and conditions on the site which would prevent proper drainage. The finished paving surfaces shall not vary more than 1/4 inch measured with a 10 foot metal straightedge, except at a grade change. "Birdbaths" or other surface irregularities will not be permitted. The Contractor shall correct any irregularities to the satisfaction of the Engineer. Measurement and Payment Full compensation for furnishing and installing pavement blocks on a concrete base including subgrade preparation, concrete base (including the raised edges of the concrete base adjacent to the pavement block work), reinforcing steel, dowelling into adjacent concrete, curing, sand bedding, 58 ........ ..... ............ ...................... ........................................................................................................................................ ................................................................................... sand for joints, and all other items required for a complete pavement block on concrete base installation, as shown on the plans, as specified in the standard specifications, and these special. provisions, and as directed by the Engineer shall be considered as included in the contract price paid per square foot for Minor Concrete (Pavement Blocks .on Concrete Base) and no additional compensation will be allowed therefor. 10-1-18 MISCELLANEOUS METAL Miscellaneous iron and steel shall conform to the provisions in Section 75, "Miscellaneous Metal," of the Standard Specifications and these special provisions. The work of constructing each tree grate frame shall include furnishing I tree grate frames and installing into concrete curb and sidewalk to the dimensions shown on the plans and reusing the existing tree grates. The tree grate frames may be purchased as a manufactured unit with the approval of the Engineer. Alternatively, the tree grate frames may be manufactured to the dimensions shown on the plans with the approval of the Engineer. If the tree grate frames are manufactured, the tree grate frames shall conform to the requirements for straightening, welding, and galvanizing in Section 55-3 "Fabrication" of the Standard Specifications. The tree grate frames shall be hot dipped galvanized after the anchor bolts have been welded in Place. Tree grate frames shall be sized to fit the existing tree grates and shall be installed so that when the grate fits inside the frame, the grate is flush and seated firmly with the surroundii I ig sidewalk within 1/8". If the tree grates do not seat properly in the frames, the contractor shall remove the frame by saw cutting the concrete at the nearest joint and install a new frame. The contractor shall not grind the tree grate frame. Full compensation for furnishing and placing tree grate frames, placing a thickened section of portland cement concrete at the tree grate frame, cutting holes for tree stakes, and reusing the existing tree grates shall be considered as included in the contract unit price paid for Miscellaneous Metal (Tree Grate Frames) and no additional compensation will be allowed therefor. 10-1.19 TRAFFIC STRIPES AND PAVEMENT MARKINGS Traffic stripes and pavement markings shall conform to the provisions in Section 84, "TRAFFIC STRIPES AND PAVEMENT MARKINGS," of the Standard Specifications and these special provisions. Thermoplastic striping shall not be applied using hand cart methods. The first paragraph of Section 84-2.05, "Measurement," of the Standard Specifications is amended to read: Thermoplastic traffic stripes will be measured by the linear foot of traffic detail, without deductions for gaps in broken traffic stripes, regardless of the number of individual stripes comprising the detail (e.g. Detail 29 placed between Station 1+00 and Station 2+00 will be measured as 100 linear feet even though it consists of 400 linear feet of stripe). Section 84-2.06, "Payment," of the Standard Specifications is amended to read:I The contract prices paid per linear foot for thermoplastic stripe detailsI designated in the Engineer's Estimate and per square foot for thermoplastic pavement markings shall include full 59 ......................................... ....................................................................................... compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in applying thermoplastic traffic stripes, pavement markings and pavement markers, complete in place, including alignment for stripes and layout work, as shown on the plans, as specified in these specifications and the special provisions, and as directed by the Engineer. Traffic stripes and pavement markings shall be applied only on dry surfaces and only during periods of favorable weather. Painting shall not be performed when the atmospheric temperature is below 60°F, when freshly painted surfaces may become damaged by rain, fog, or condensation; nor when it can be anticipated that the atmospheric temperature will drop below said 60'F temperature during the drying period. The contract prices paid per linear foot for paint traffic stripe details designated in the Engineer's Estimate and per square foot for paint pavement markings shall include full compensation for finishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in painting traffic stripes, pavement markings and pavement markers, complete in place including alignment for stripes, and layout work, as shown on the plans, as specified in these specifications and the special provisions, and as directed by the Engineer. 10-1.20 PAVEMENT MARKERS Pavement markers shall conform to the provisions in Section 85, "PAVEMENT MARKERS," of the Standard Specifications and these special provisions. Sections 85-1.08, "Measurement," and 85-1.09, "Payment," of the Standard Specification are modified by the following: Full compensation for pavement markers which are shown on traffic stripe details shall be considered as included in the contract prices paid per linear foot for traffic stripe details and no separate payment will be made therefor. SECTION 10-2. SIGNALS AND LIGHTING Signals, Lighting, and Electrical Systems shall conform to the provisions in Section 86, "Signals, Lighting and Electrical Systems" of the 2002, or most current, Standard Specifications and these Special provisions. 10-2.01 SCHEDULING OF WORK The first sentence in the first paragraph of Sec. 86-1.07, -"Scheduling of Work", of the Standard Specifications is deleted. 10-2.02 ORDER OF WORK The Contractor shall be responsible for locating the comers of each detector loop. The detector loop comers shall be marked, and the Engineer thereof shall approve the locations before the pavement is cut. The pavement shall be cut with an abrasive type saw. Full compensation for locating and marking the comers of the detector loops and pull boxes, shall be considered as included in tl-le contract lump sum price paid for "Signals and Lighting," and no additional compensation will be allowed therefor. 10-2.03 CONDUIT Conduit which is installed underground shall be Type 3, rigid, nonmetallic type, Schedule 40. All conduits shall enter a pullbox with a 90`degree elbow, unless permitted otherwise by the Engineer. All conduits shall have a 1/4-inch pullrope installed in them. Bell ends or bushings shall be installed on all conduits. 60 ................... ........... ............................................ After conductors have been installed, the ends of conduits terminating in pull boxes and controller cabinets shall be sealed with a sealing compound approved by the Engineer. Conduit runs shown on the plans to be located behindcurbs may be installed in the street. Trenching for conduit installation within the street section is PERMITTED if delay to any vehicle will not exceed 10 minutes. The top of the installed conduit shall be a minimunm of 12 inches below finish grade in the street section. The trench shall be backfilled with corpmercial duality'concrete. All trenches shall be finish paved within 24 hours of the installation of the Portland cement concrete backfill. If the Contractor does not comply with this section, the Engineer will order the work done by others and deduct the cost of doing the work-from monies due the Contractor. When rigid non-metallic conduit is placed in a trench other than in the street section, and after the conduit installed, the trench shall be backfilled with PCC Murry. No native material backfill will be permitted. 10.2.04 PULLBOXES Grout in the bottom of pull boxes will not be required. Pullbox stoops shall be constructed from 1'/z" minimum clean/washed river run rack. All pull boxes shall be FPLC Type", unless permitted otherwise by the Engineer. .All pull boxes shall be located behind the curb or at the locations shown on the plans. All pullboxes installed as part of the interconnect(IC) system shall have the lids:marked "interconnect." Reinforced plastic/fiberglass lids for pull boxes, in sidewalks or islands, are permitted, unless shown otherwise on the plans. All 20" x 42" pullboxes shall be furnished with split lids, and shall be labeled "Traffic Signal." 10-2.05 CONDUCTORS AND WIRING At least 6 feet of slack shall be provided in the pullbox nearest each signal standard, for those conductors terminating in that standard; and 3 feet of slack shall be provided in each conductor in all other pullboxes Straight splices in signal neutral and multiple lighting conductors'shall be insulated in conformance with Method B, tap splices in signal neutral and multiple lighting conductors shall be Type C, and conductors shall be spliced by the use of C-shaped compression connectors; as shown. on State Standard Plan ES-13, Separate neutral conductors shall be run from the nearest pullbox to each "vehicle and pedestrian signal" terminal block. A continuous No. 8 ground shall be installed in all conduits. Identification bands shall be constructed from a nylon cable tie with at least a 3/8-inch by 3/4-inch label flag attached. The marking pen shall be one recommended by the manufacturer of the cable tie or it shall be an indelible marking pen compatible'with writing'on the nylon material. No other method of labeling will be acceptable. All phase conductors and detector cables shall be labeled in the pullbox nearest their termination. and in the controller cabinet. Phase conductors shall be labeled with 'phase designation. Detector cables shall be labeled with phase and loop number. Lighting conductors (street or sign)shall be labeled as appropriate. Spare conductors need not be labeled. Conductors shall not be pulled into conduits until the pull boxes have been set to grade, rock sumps have been installed, and conduits have been bonded and grounded. A continuous No. 8 ground shall be installed in all conduits. All pullboxes shall be inspected and approved prior to pulling any conductors. Conductors shall not be pulled into conduits unless the Engineer is present to observe the operation. The ends'of all unused.cables shall be sealed. 10-2.06 DETECTORS Loop wire shall be Type 1, The loop lead-in cable shall be Type B. RoL d/circle loops are not acceptable. 61 . ............................................................. ........................... Each cable shall be identified in the pull-box nearest the loop and in the controller cabinet as to its "phase and loop number." Conductors to be buried in the pavement shall be installed only in the presence of the Engineer. All loops shall be connected in series. "Asphaltic emulsion sealant," shall be used to install the detector loops installed prior to a "final lift of asphalt". "Hot-melt rubberized asphalt sealant" shall be used to install the detector loops installed in the top lift of asphalt (new or existing). Epoxy shall be used in concrete surfaces. Asphalt concrete shall be used to fill all curb termination points. 10-2.07 WARRANTY AGREEMENT The traffic signal, and highway lighting systems and equipment, and all improvements installed under these specifications, shall be covered,by the Warranty and Repair Agreement found in the Proposal and Contract Book. The Contractor prior to acceptance of the work as complete shall execute this agreement. WORKMANSHIP All facilities.shall be installed in a professional and workmanlike manner. Any portion of the signal system, which is not installed in a professional manner, shall be removed and reinstalled correctly, to the satisfaction of the Engineer- 10-2.08 PAYMENT Full compensation for performing all the work as< shown on the plans, as specified in the Standard Specifications and these Special Provisions, Section 10-2, including furnishing all labor, materials, tools, equipment, and incidentals, and performing all alterations necessary to complete the work, shall be considered as included in the contract lump sum price paid for "Signals and Lighting", and no additional compensation will be allowed therefore. SECTION 10-3. PLANTING & IRRIGATION Planting and irrigation work shall conform to the provisions in Section 20, "Erosion Control & Highway Planting" of the Standard Specifications and these Special Provisions. 10-3.01 PLANTINGS The work of planting shall consist of furnishing and planting trees, including excavation, placing amended soil mix, placing and tamping crushed aggregate, fertilizer tablets, root barriers, and shall conform to the provisions in Section 20-4, "Highway Planting" of the Standard Specifications and these Special Provisions. Plant Materials Trees shall be container stock of the sizes shown on plans. Contractor is responsible for all deposits, cost of maintenance and healtl -i of plant materials. Contractor shall verify that plant materials do not dry-out. Holding and maintenance shall be provided at no additional charge to the County. The Engineer reserves right to reject any plant materials that do not meet the specifications at the end of any holding period or at any other time during the Contract and through plant establishment period. Any plant material rejected by the Engineer shall be replaced by the Contractor at no cost to the County. Substitutions of plant materials will not be welcome, and will not be permitted unless authorized in writing by the Engineer. If proof is submitted that any plant specified is not obtainable in the Western region of the United States, a proposal will be considered for use of the nearest equivalent size or variety 62 .............. ..........I.........................................................''I'll, ............................................................................... with corresponding adjustment of Contract Price. Such proof shall be substantiated and submitted in writing to the Engineer no later than 30 days after award of Contract. These provisions shall not relieve Contractor of the responsibility of obtaining specified materials in advance if special growing conditions or other arrangements must be made in order to supply specified materials. All trees shall have straight trunks of uniform taper, larger at the bottom. Trunks shall be free of damaged bark, with all minor abrasions and cuts showing healing tissue. Sucker basal growth and sucker lateral growth shall be removed and treated to eliminate re-sprouting. Normal lower side branching shall remain. Trees unable to stand upright without support shall be,rejected. Staking shall only be used to straighten a tree, not fully support it. The minimum quality of all plant materials shall conform to the prevailing Published specifications of the California Association of Nurserymen and the American Association of Nurserymen, "American Standard for Nursery Stock." Additional specifications shall be indicated in the Reviewed Landscape Plans. Approval of Plant Materials Prior to ordering any plant material, the Contractor shall obtain Engineer approval of the nurseries to be utilized. At the preconstruction meeting submit documentation to the Engineer that all plant materials have been ordered and will be held for the job until delivery is requested. Arrange procedure for review of the growing facility and the plant materials with Engineer at the time of submission. Plants shall be subject to review and acceptance by Engineer when ordered, and upon delivery for conformity to these Technical Specifications. Such acceptance shall not impair right of review and rejection during progress of the work. Plants reviewed on delivery shall be I arranged on the site to permit close inspection by the Engineer. Other Materials Amended soil as shown on the plans shall conform to the following: Nitrogen-treated organic amendments shall conform to: 1. Physical Properties: a. 95%-100%passing, sieve size 6.3 5mm. {'l4 inch). b. 80%-100%passing, sieve size 2.38mm. c. 0%-30%passing, sieve size 500 micron. 2. Chemical Properties: a. Nitrogen Content dry weight basis—0.4-0.6%. b. Iron content—minimum 0.08% dilute acid soluble Fe on dry weight basis. c. Soluble salts — maximum 3.5 millihos/centimeter @ 25 degrees C. as determined by saturation extract method. d. Ash—0-6.0%. Where such products are appropriate and available, the Contractor shall use recycled products as soil amendments. Recycled products may include composted sewage sludge, composted yard debris, or rice hulls, The Contractor shall not violate any governing statute, such as Health..Codes, in using these products. The Contractor shall submit a certification describing the quantity, type, composition, weight, and origin of all amendments. Amendments shall not be delivered to the site without prior approval of the Engineer. 63 ................... .............................................................. .............. Root barriers shall be high density, high impact plastic with 50% post consumer recycled plastic. Solvent weld for all seams shall be per manufacturer's recommendations. Barrier shall match the size of the planter area available. Utilize solvent weld for all seams and lap all corners. Commercial fertilizer tablets shall be controlled release fertilizer tablets 21 gram, 20-10-5 (-P-K) with calcium, sulfur andiron. Antidessicant shall be Wilt-proof Formula NCF as manufactured by Nursery Specialty products, Greenwich. Conn., or approved equal. Use anti-desiccants for plant transportation of material in ftill leaf. Anti-desiccants for retarding excessive loss of plant moisture and inhibiting wilt shall be sprayable, water insoluble vinyl-vinyledine complex which will produce a moisture retarding barrier not removable by rain (or snow). Crushed aggregate shall be decomposed granite. Tree Stakes shall be Y' diameter untreated pine. All trees shall have sufficient trunk strength and caliper to stand upright and rigid on their own, without stakes. Tree stakes are intended to provide protection from vandals, autos, and toppling due to heavy wind during the establishment period (not to hold up substandard nursery stock). Set stakes plumb and parallel to curb. Trees shall be tied to stakes using black corded, rubber tee straps or approved equal. Tree ties shall be long and tied loosely to the trunk, allowing freedom of movement except on the windiest of days. Inspection The Contractor shall be responsible for inspection of all root systems on plant materials. Inspection shall include, but not be limited to, checking for rootbound stock,encircling roots at the perimeter of the container, girdling roots at the top surface of the rootball, and other defective root conditions. The Contractor shall cut defective or potentially defective girdling, rootbound, and encircling roots and spread the root system into the surrounding backfill. The Contractor shall reject plants with excessively defective root systems. Storage The Contractor shall provide healthy growing conditions for all plants that are stored on the site before installation. The Contractor shall water, fertilize, and protect plants from excessive wind, sun, or shade while they are in storage. The Contractor shall store all materials where they are protected from damage including weather and vandalism. The Contractor shall stop work if air temperature, soil moisture, or climate conditions are beyond limits established by standard practice. Under no circumstances shall any planting be performed if the temperature exceeds 90° F or is below 40° F. No planting shall be done when the soil is saturated with water. Installation and Planting Root Barriers shall be installed along the edge of the curbs at all tree planting areas in accordance with the details shown on the plans. Root Barriers shall be installed vertically and parallel to curb per manufacturer's recommendations as shown on drawings. Root Barrier shall be installed tight and flush to the pavement and shall be evenly set to within I" of the pavement surface (never higher than surface of pavement). Full compensation for root barriers shall be considered as included in the contract unit prices paid for the plants involved and no separate payment will be made therefore. Do not plant until Amended Soil Mix, Root Barrier, and Irrigation have been installed and approved by the Engineer. Preparation of hole for planting shall consist of locating planting holes per planting nsions and depth shown on drawings with vertical sides. Do not excavate plans. Excavate holes to dime planting holes until the irrigation system is tested and approved by the.Engineer. Locate planting holes in the center of tree location as shown on the plans bringing any conflict with underground utility lines to the attention of the Engineer. Excavate holes to diameter and depth as shown on plans. Avoid over- excavating. 64 ................ ............................................. Only unamended soil shall be used beneath the rootball and the bottom of plant pit shall be cultivated to improve porosity. Should additional backfill be necessary, amended soil may be used. Scarify" the sides and 'bottom, of holes just prior to planting' so there is not a slick interface. Perforated drain pipes with pea gravel shall be installed as shown on the plans. Install deep watering tubes around irrigation bubblers. Deep watering tubes:,shall be installed in tree planting hales in accordance with the details shown on the plans. Deep watering tubes shall be installed vertically and aligned with the curb and adjacent pavement. Fertilizer tablets shall be spaced evenly around the rootball, halfway Lip the Backfill and touching the side of the rootball. Handle the tree carefully, set the rootball on bottom of pit. Set tree in hale so that it is upright, plumb and faced to give the best appearance and relationship to the sidewalk and street. Install rootball stakes as indicated on drawings. Do not penetrate or damage rootball during installation of tree stakes. Backfill planting in 6-inch layers. Firm each layer to settle and eliminate all air pockets. Hand water thoroughly immediately after planting' to help settle in backfill. Raise rootballs''that settle below accepted finish grade as shown on drawings. Plant Establishment Plant Establishment work shall conform to the provisions of 'Section 20-4.08`of the Standard Specifications and: shall'be a Type; I plant establishment period for a period of ninety (90) days. Type'I plant establishment period shall be the number of working clays specified for plant establishment in the special provisions and shall begin after all 'work has been completed; and accepted, except plant establishment work. Prior to the time of acceptance of the contract, schedLle and perform a field demonstration of the planting and irrigation system, to be attended by the County maintenance personnel and outside maintenance contractors, if any, as designated by County. Contractor is responsible for plaint health throughout the work, including, replacement of plants showing failure to grow, as specified in Section 20, "Erosion Control and Highway'Planting," and as deemed by the Engineer. If root ball of tree sinks more than 2" during the plant establishment period, it shall be considered as a failed tree plaiting. The Contractor shall remove the tree, prepare tree pit to the same standards as originally shown'and specified, and replant or replace existing tree with a new one of the same size, species, varieties, and in excellent health. Payment Full compensation'for planting trees including planting, area excavation and preparation,backfilling, soil amendments, root barriers, fertilizer tablets, tree stakes, crushed aggregate, coordination with irrigation work, and all other work associated with planting as shown on the plans and as specified in these special provisions shall be considered as included in the contract unit prices paid :for Planting and no additional compensation will be allowed therefor. Full compensation for plant establishment work as specified in Section 20, "Plant Establishment Work" of the Standard Specifications and in these special provisions will be considered as included in the lump sum contract price for Plant Establishment and no additional compensation will be allowed therefor. 10-3.02 IRRIGATION The work of irrigation shall consist of furnishing and installing irrigation pipe and>tubing, bubblers, perforated pipe drains with pea gravel, couplers, and tying into the existing irrigation system. Irrigation system work shall conform to the provisions of Section 20, "Erosion Control anti Highway Planting," of the Standard Specifications, except as shown on plans and as specified in the special provisions. 65 y Layout shown on plans is schematic. Contractor shall adjust layout in field with approval by the Engineer. Irrigation system is designed for a minimum of 65 PSI and 40 GPM at the point of connection. Confirm prior to start of work. Advise the Engineer if these minimums are not met, or if pressure exceeds 100 PSI. Provide complete <operating instructions, reorder,information, guarantees and other manufacturer's information on all portions of new irrigation system. Include maintenance, cleaning and other information as requested by the Engineer. Submit for approval in timely fashion, with time for requested additional information to be assembler)and included. Materials Materials shall be as shown on plans and specified in these special provisions and shall all be new, of excellent commercial quality and condition, and as accepted by Engineer. Plastic Pipe shall conform to the previsions of Section 20-5.03E, "Pipe," of the Standard Specifications. Plasticpipe,supply;lines shall be polyvinyl chloride (PVC) 1120 or 1220 pressure rated pipe with minimum pressure ratings(PR.) as shown on the plans. Schedule 40 PVC pipe shall conform to the requirements of ASTM D1785, with primers used on all solvent-cemented joints. Solvent cement shall comply with the requirements of the local Air Quality Management District. Plastic pipe main supply lines installed in conduit shall be Schedule 40 PVC pipe. PVC Fittings and Nipples: Schedule 40 or 80, standard weight, as manufactured by Pacific W stern, Simpson,Lasco, or approved equal to meet ASTM D2466, D2464 and D2467. Tree bubblers shall be Touro Flood Bubbler(Model 514-20)or approved equal. Bubbler piping shall be 1l2" Class 200 PVC pipe. The riser shall be 1/2" schedule 80flexibleriser. Piping shall be buried minimum 6 inches from tree bubbler to rootball of tree. Installation Testing for irrigation systems and all aspects of irrigation system functioning shall be performed in compliance with the Standard Specifications and in the presence of the Engineer. Operation, testing,and complete demonstration to the Engineer and the County's maintenance crew of full range of operations, ,complete and uniform irrigation application, and proper functioning of all installed,components is required upon completion of work. Schedule testing/demonstration at least two weeks in advance with Engineer. Payment materials, tools, equipment, testing; and incidentals for Full compensation for famishing all labor; doing all.the work involved in installing the irrigation system including the PVC pipes, perforated pipe, pea gravel, trenching,,and drip bubblers and tying into the existing irrigation system as shown,on the plans, as specified in the Standard Specifications and in these special provisions, and as directed by the Engineer shall be considered as included in the contract lump sum price paid for Irrigation System and- no;,additional compensation will be allowed therefor. 66 ««, Ln ti . x m x x pO �g Z d co w z ? 0 C7 � p'a. 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Li CLA9 = C,41 y Cp (L U N ix 00'00• ais ZI sod aqy aas' au OD"i o C.4 toV w N(o 2W 6 6Do - ,vmo- 1,001cowt-P ♦Haran LJ LO 8. Z 0 (n 40 31 Q u F- m Z c V IM6w bIN uy 1-- � �� - ci uj C) o uj N LO uj i6 LLJ n t��ry 6 O C M a at +7 ,aw O to Li ' C3 c�a CL �H z ®� (� A. o � AN tN Q, < vma� M uj " ir tedG> > t X W Q' a ,� °- (. TF- 4.�x < a ° a LL LAJ vi dna o W, c� x op o E o as rs �= ar o � e 41 is F U N r 0m m lt„1 {' 0 in i- Ld r o u 26 039 — ^' Aa sn o k; 1 00 a. d 0 0 aid`o 44A� f IN s � 1 b V OA r b ` 11 `• .t, 'tai I � ti *' it ' I 1 it � ti 1 jf It . rill + 1 1 � 1 t 1 i t A 11 if��6 `i , � I t ' ' tF A1 , err is ................................ ....... ................ .................................................................. co TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: February 10, 2004 SUBJECT: AUTHORIZE the Public Works Director, or designee, to execute the Purchase and Sale Agreement and ACCEPT the Grant Deed from Robert Pochini and Peggy J. Pochini in connection with the North Broadway Area Infrastructure Phase III Project, Bay Point area. (District V) [CDD-CP# 97-36] Project No. 0662-6R4141 Task: ACQ Account: 3540 SPECIFIC REQUESTJS)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION 1. Recommended Action: A. APPROVE the Purchase and Sale Agreement and ACCEPT the Grant Deed from Robert Pochini and Peggy J. Pochini. B. AUTHORIZE the Public Works Director to execute the Purchase and Sale Agreement on behalf of the County. C. APPROVE the payment of$55,000 for said property rights and AUTHORIZE the Auditor- Controller to issue a check in that amount payable to Placer Title Company, 1981 North Broadway, Suite 302, Walnut Creek, CA 94596, Escrow No. 615-5755 to be forwarded to the Real Property Division for delivery. D. DIRECT the Real Property Division to have the above referenced Grant Deed recorded in the Office of the County Record Continued on Attachment: X SIGNATURE: ECOMMENDATION OF COUNTY ADMIN) OR —RECOMMENDATION OF BOARD COMMIT&Fre ,-400RovE OTHER SIGNATURE(S): ACTION OF BD ON P'EBRUARY 10, 2004 APPROVED AS RECOMMENDED XX OTHER VOTE OF SUPERVISORS xx UNANIMOUS(ABSENT NONE ) I hereby certify that this is a true and correct AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the DRA:eh date shown. G:\GrpData\RealProp\2004-Files\BOS&RESN12004PochinI brd.doc Orig. Div: Public Works(R/P) ATTESTED: FEBRUARY 10, :2004 Contact: Dick R.Awenius(313-2227) JOHN SWEETEN, Clerk of the Bosrd of cc: County Administrator Auditor-Controller(via R/P) Supervisors and County Administrator P.W.Accounting Redevelopment(via R/P) By Deputy Recorder(via RIP) Board Orders Clerk Specialist,Adm. Subject: North Broadway Area Infrastructure Phase III Project, Bay Point area Date: February 10, 2004 Page: 2 IL Financiallmisact: The activity is funded by Contra Costa County Redevelopment Agency (900%). III. Reasons for Recommendations and Background: These property rights are required far the North Broadway Area Infrastructure—Phase III Project, Bay Point area in accordance with the approved plans and specifications. IV. Consequences of Negative Action: The project will not have sufficient land rights to allow construction in accordance with the approved plans and specifications. Parcel Number. 096-032-021 Grantors: Robert&Peggy Pochini Project Name: North Broadway Revitalization—Phase III Address: 18940 Hwy 128 Project Number: 0662-684141 Calistoga, California 94515 PURCHASE AND SALE AGREEMENT BETWEEN CONTRA COSTA COUNTY AND GRANTORS NAMED HEREIN This Agreement is entered into by,and between CONTRA COSTA COUNTY (hereinafter "County") and ROBERT POCH'INI and PEGGY J. POCHINI, husband and wife, as joint tenants (hereinafter "Grantors"). RECITALS Grantors are the owners of approximately .16 acres of real property located in Contra Costa County, California and described on Exhibit "A" attached hereto and incorporated herein by reference. The real property, including improvements thereon, if any, are collectively referred to herein as the"Property." AGREEMENT NOW THEREFORE, in consideration of the agreements herein contained and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties hereby agree as follows: 1. Effective Date. It Is understood that this Agreement is subject to approval by the County's Governing Board, and shall be effective on the date approved by said Governing Board ("Effective Date"). This Agreement will first be submitted to the Grantors first for approval, and thereafter to the County. 2. purchase and Sale. Subject to the terms and conditions in this Agreement, Grantors agree to sell and County agrees to purchase the Property. 3. Purchase Price. The purchase price for the Property shall be Fifty-Five Thousand and No/100 Dollars ($55,000.00) ("Purchase Price"). All ad valorem real property taxes and any penalties and costs thereon, and all installments of any bond or assessment that constitutes a lien on the Property shall be cleared and paid by Grantors as of the date title shall vest in County by the recordation of the deed herein pursuant to Sections 4986, 5482, and 5086 of the Revenue and Taxation Code of the State of California, if unpaid as of the date title vests. Both Grantors and County recognize the expense, time, effort, and risks to both parties in determining the compensation for the property by eminent domain litigation. The compensation set forth herein for the property is in compromise and settlement, in lieu of such litigation. 1 _.................... ........... _. _._. ............................................................................. 4. Conditions to County's Performance. The County's obligation to perform under this Agreement is subject to the following conditions: 4.1. Grantors' representations and warranties in this Agreement being correct as of the date of this Agreement and as of the Close of Escrow. 4.2. Grantors' performance of all obligations under this Agreement. 4.3. The vesting of title to the Property in the County by grant deed in fee simple absolute, free and clear of all liens, encumbrances, assessments, leases (recorded and/or unrecorded), and taxes except Items 3, 4, 5, 6, 7 & 8 on Schedule B to the Litigation Guarantee (the "Approved Exceptions")dated September 26, 2003, issued by Placer Title Company. 4.4. Placer Title Company's being prepared to issue a CLIA title insurance policy in the full amount of the purchase price, subject only to the Approved Exceptions("Title Policy"). If County determines that any of these conditions have not been met, County shall have the right to terminate this Agreement by delivering written notice to Grantors and, if applicable, the Escrow agent. 5. Escrow. By this Agreement, County and Grantors establish an escrow ("Escrow") with Placer Title Company, 1981 N. Broadway, #100, Walnut Creek, CA 94596, their Escrow No. 615-5755 ("Title Company"). Grantors hereby authorize County to prepare and file escrow instructions with said Title Company, on behalf of Grantors, in accordance with this Agreement. This includes authorization of the Title Company to withhold pro rata taxes, liens and assessments on the Property conveyed. 5.1. Fees and Title Insurancp. The County shall pay all escrow and recording fees incurred in this transaction and, if title insurance is desired by the County, the premium charged therefor. 5.2 Grantors' Deposit into Escrow. On or before the Close of Escrow, Grantors will deliver into Escrow with the Title Company the following documents: A. A grant deed, in recordable form and properly executed on behalf of Grantors, in a form approved by County("Grant Deed"), conveying to County the Property in fee simple absolute, subject only to the Approved Exceptions. B. Copies of any effective leases, rental agreements or any other agreements, if any, which the County has agreed in writing are to remain in effect after County takes title. 2 C. Grantors' affidavit of nonforeign status as contemplated by Section 1445 of the Internal Revenue Code of 1986, as amended [26 USCG §1445] (`°FtRPTA Affidavit"); and D. Grantors' affidavit as contemplated by the Revenue and Taxation Code § 18662 ("Withholding Affidavit'). 5.3. Daposit of Purchaga Price Into Es=w by COUUty. Prior to the Close of Escrow, County will deposit the purchase Price into escrow with the Title Company. 5.4. GlosA of "scro Escrow shall close upon the conveyance of the Property to the County ("Close of Escrow"). On the closing date, the Title Company shall close Escrow as follows: A. Record the Grant Deed, marked for return to the County care of Dick R. Awenius, Senior Real Property Agent for the County (which shall be deemed delivery to the County); B. issue the Title Policy, if requested to do so by the County; C. Prorate takes, assessments, rents and other charges as provided by this Agreement; D. Disburse to the Grantors the Purchase Price, less prorated amounts and charges to be paid by or on behalf of Grantors, E. Prepare and deliver to the County and to the Grantors one signed copy each of the Title Company's closing statementshowing all receipts and disbursements of the Escrow. If the Title Company is unable to simultaneously perform all of the instructions set'forth above, the Title Company shall notify the Granters and the County, and shall retain all funds and documents pending receipt of further instructions from the County. 6. Grantors' Representations and Warranties. Grantors make the following representations and warranties'with the understanding that these representations and warranties are material and are being relied upon by County. Grantors represent and warrant to the County that, as of the date of this Agreement, and as of the Close of Escrow: 6.1. Math atabla Title. Grantors are the owners of the Property;and have marketable and insurable fee simple title to the Property clear of restrictions, leases, liens and other encumbrances, subject only to the Approved Exceptions. No leases, licenses, or other 3 ......... _ ..... ......._. _. .............. ._ __ .............. agreements allowing any third party rights to use the Property are or will be in force unless prior consent has been given by the County in writing. Commencing with the full execution of this Agreement by both parties and until the Close of Escrow, Grantors shall not permit any liens, encumbrances, or easements to be placed on the property other than the Approved Exceptions, nor shall Grantors enter into any agreement that would affect the Property that would be binding on the County after the Close of Escrow without the prior written consent of the County. 6.2 Condition of Property. Grantors have disclosed to the County all information, records, and studies maintained by Grantors in connection with the Property concerning hazardous substances and that Grantors are not concealing any knowledge of the presence of contamination or hazardous substances on, from, or under the Property. Any information that Grantors have delivered to the County either directly or through Grantors' agents is accurate and Grantors have disclosed all material facts with respect to the Property. 6.3 Other Matters Affecting Proms. To the best of Grantors' knowledge, there are not presently any actions, suits, or proceedings pending or, to the best of Grantors' knowledge, threatened against or affecting the Property or the interest of Grantors in the Property or its use that would affect Grantors' ability to consummate the transaction contemplated by this Agreement. Further, there are not any outstanding and unpaid arbitration awards or judgments affecting title to any portion of the Property. To the best of Grantors' knowledge there are not presently any pending or threatened condemnation, eminent domain, or similar proceedings affecting the Property. Grantors shall promptly notify County of any of these matters arising in the future. 6.4 Grantors' Agencv. That this Agreement and all other documents delivered prior to or at the Close of Escrow;have 9) been authorized, executed, and delivered by Grantors, 2) are binding obligations of the Grantors; and 3) are collectively sufficient to transfer all of Grantors' rights to the Property. In addition to any other remedies that may be available to the County as the result of a breach of any of the foregoing warranties or representations, Grantors agree to defend and hold the County harmless and reimburse the County for any and all loss, cost, liability, expense, damage or other injury, including without limitation, attorneys fees, incurred by reason of, or in any manner resulting from, the breach of any of the warranties and representations contained in this Agreement, and all third-party claims arising out of or related to any facts or circumstances with respect to the period prior to the Close of Escrow. 7. County's Representations and Warranties. County warrants that, upon approval of this Agreement by the County's governing body, this Agreement shall constitute a binding obligation of the County. 4 8. Hazardous Materials. It is understood that the property being acquired in this transaction may contain hazardous waste requiring mitigation under State or Federallaw to protect the public health. The acquisition costs reflect the fair-market value of the property without the presence of contamination. If site cleanup is required on the property, the County may elect to exercise its right to pursue the responsible parties to recover clean-up costs from those who caused or contributed to the hazardous waste contamination on, in, or under the property. 9. Survival. All of the terms, provisions, representations, warranties and covenants of the parties under this Agreement shall survive the assignment, expiration, or termination of this Agreement and shall not merge in the deed or other documents following the delivery and recordation of said deed or other documents. 10. Right of Entry. From and after the Effective date of this Agreement and at all times until this Agreement is terminated or title vests in the County, County shall have the right at all reasonable times to enter onto the Property for the purposes of the County, including but not limited to conducting sails'tests, surveys, and studies. County will indemnify and hold Grantors harmless against any damages or costs arising from County's or County's designated persons' entry onto the property, including but not limited to attorney's fees and costs. 11. Dismissal'of Eminent Domain. The undersigned Grantor hereby agrees and consents to the dismissal of any eminent domain action in the Superior Court wherein the herein described land is included and also waives any and all claims to all litigation expenses and any money that may be on deposit in the Superior Court in said action. 12. County's Right of Possession. It is agreed and confirmed by the parties hereto that notwith- standing other provisions in this contract, the right of possession and use of the subject property by the County, including the right to remove and dispose of improvements, shall commence on January 15, 2004, or the close of the escrow controlling this transaction, whichever occurs first, and that the amount shown in Clause 2A herein includes, but is not?ilmited to, full payment for such possession and use, including damages, if any,from said date. 13. Assignment and Successors. This Agreement shall inure to the benefit of and shall be binding upon the parties to this Agreement and their respective heirs, successors, and assigns. 14. Notices. All notices (including requests, demands, approvals or other communications)under this Agreement shall be in writing. The place for delivery of all notices given under this Agreement shall be as follows: Grantors: Robert& Peggy Pochini 18940 State Highway 128 Calistoga, CA 94515 Telephone: (707)942-6161 5 .................... ......... _. ._. _... ......... ......... County: Contra Costa County Public Works Department Real Property Division 255 Glacier Drive Martinez, CA 94553 Attn: Dick R. Awenius Telephone: (925)313-2227 or to such other addresses as County and Grantors may respectively designate by written notice to the other. 15. Entire Agreement. The parties have herein set forth the whole of their agreement. The perform- ance of this agreement constitutes the entire consideration for said document and shall relieve the County of all further obligation or claims on this account, or on account of the location, grade or construction of the proposed public improvement. Grantors have no other right or claim to compensation arising out of or connected with the acquisition of the subject property by the County, except as specifically set forth in this Agreement, including but not limited to all claims for compensation for improvements pertaining to realty, all claims for compensation for fixtures, equipment or machinery, attomeys'fees, costs or damages of every kind and nature by reason of County's acquisition of the subject property, and agrees never to assert such a claim. 16. Construction. The section headings and captions of this Agreement are, and the arrangement of this instrument is, for the sole convenience of the parties to this Agreement. The section headings, captions and arrangement of this instrument do not in any way affect, limit, amplify or modify the terms and provisions of this Agreement. This Agreement shall not be construed as if it had been prepared by one of the parties, but rather as if both parties had prepared it. The parties to this Agreement and their counsel have read and reviewed this Agreement and agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply to the interpretation of this Agreement. The Recitals are and shall be enforceable as a part of this Agreement. 17. Further Assurances. Whenever requested to do so by the other party, each party shall execute, acknowledge and deliver all further conveyances, assignments, confirmations, satisfactions, releases, powers of attorney, instruments of further assurance, approvals, consents and all further instruments and documents as may be necessary, expedient, or proper in order to complete all conveyances, transfers, sales, and assignments under this Agreement, and do all other acts and to execute, acknowledge, and deliver all documents as requested in order to cavy out the intent and purpose of this Agreement. 18. Waiver. A waiver or breach of any covenant or provision in this Agreement shall not be deemed a waiver of any other covenant or provision in this Agreement, and no waiver shall be valid unless 6 in writing and executed by the waiving party. 19. Severability. If any term or provision of this Agreement shad, to any extent, be held invalid or unenforceable, the remainder of this Agreement shall not be affected. 20. Governing Law and Venue. This Agreement shall be governed and construed in accordance with California law. The venue of any litigation pertaining to this Agreement shall be Contra Costa County, California. CONTRA COSTA COUNTY GRANTORS -- ROBERT POCHINI and PEGGY J. POCHINI, husband and wife, as joint tenants RECOMMENDED FOR APP OVAL: t BY w obert Pochi t:. j� 4 - . R al Property A t I\\ By By . ochini rincipal Real roperty Agent Date (Date Si ned b)`Grantors} APPROVED: By t Public 0540rector Date: 1 t7 d Date: (Date of Board Approval) NO OBLIGATION OTHER THAN THOSE SET FORTH HEREIN WILL BE RECOGNIZEED Exhibit A- Legal Description DRA: 02-041n.broadway1120103Poch!N PurchSaleAgree 12/2!2003 9:26 AM (FORM APPROVED BY COUNTY COUNSEL 6199) 7 .......................... .......................... ................ ......................... Order No. 615-5755 EXHIBIT"All LEGAL DESCRIPTION THE LAND DESCRIBED HEREIN IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF I CONTRA COSTA, UNINCORPORATED AREA, AND IS DESCRIBED AS FOLLOWS: THE WEST 138-75 FEET OF THE NORTH 50 FEET OF LOT 40,IN BLOCK"B", AS SHOWN ON THE MAP ENTITLED, "POINSETTIA LAND COMPANY, WEST PITTSBURG TRACT UNIT NO. 1, CONTRA COSTA COUNTY,-CALIFORNIA",FILED ON JUNE 8, 1926,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY IN BOOK 19 OF MAPS,AT PAGE 506. A.P.N. 096-032-021 CLTA Preliminary Report ................................................... TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: February 10,2004 SUBJECT: State Route 4 East,Railroad Avenue to Loveridge Road,Pittsburg Area. District V. [SCH#240011207] Project No.:4660-6X4287 Task: ACg Account: 3544 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Reyommmen+` Aefi l: A. APPROVE the Relocation Assistance Claim listed below: CLAIMANT CLAIM— DATE PAYEE A Bishop Wisecarver Moving Expense 11/21/03 Bishop Wisecarver $47,539.74 B. AUTHORIZE the Principal Real Property Agent to sign said claim form on behalf of the County. C. AUTHORIZE the Auditor-Controller to issue a check in the amount of. $47,539.74 payable to Bishop Wisecarver, 2104 Martin Way, Pittsburg CA 94565 for moving expenses, to be forwarded to the Real Property.Division for delivery. II. Financial tmpne : Payment totaling $47,539.74 to be made from the State Route 4 East Widening Project, Railroad Avenue to Loveridge Road, which is 104%reimbursable from Contra Costa Transportation Authority. III. Reasons for.Re all melldatin s an a g +>r und: Bishop Wisecarver is located in a building from which they are being displaced because of the highway- widening project. The payment is part of the relocation entitlement required by Government Code §7264, et. Seq. IV. E''r. ns ,nres of Ngga iye Actinn: The County will not be in compliance wi State and F,/, ede al law. Continued on Attachment:_.._ SIGNATURE: _,eftECOMMENDATION OF 70U`NTY ADMINIS TOR RECOMMENDATION OF BOARD COMMI' PROVE _ OTHER SIGNATURE S:`— ACTION OF BOAXb N FEBRUARY 10 2004 APPROVED AS RECOMMENDED XX OTHER / VOTE OF SUPEIV ORS xx UNANIMOUS(ABSENT—NO—NE } I hereby certify that this is a true and correct AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Beard of Supervisors on the CS:eh date shown. G:'CnpData\Rea)Prop'%2004FileslBOs&RES\BOBishop'Alisecarver.doc Div: Public Works(R/P) ATTESTED FEBRUARY 10 f 2004 Contact: Cheryl Sousa(313-2223) JOHN SWEETEN, Clerk of the Board of cc: County Administratorole (vi Supervisors and County Administrator Auditor-Controller(via RSP) P.W.Accounting L. Dalziel,Adm. By--- Deputy I'll,...-................................................................................................................................................................................. ......................................................................... THE BOARD OF SUPERVISORS CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on February 10, 2004, by the following vote: AYES: SUPERVISORS GIOIA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE RESOLUTION NO. 2004/63 ABSTAIN: NONE (Gov. Code § 25526.5) SUBJECT: ADOPT Resolution No. 2004/ 63 conveying a Correction Grant Deed to the State of California in connection with the State Route 4/Willow Pass Grade Lowering Project. Project No. 4660-6X4107 Pittsburg Area. District V. The Board of Supervisors of Contra Costa County RESOLVES THAT: Contra Costa County conveyed certain real property to the State of California which recorded August 21, 2003 in the Contra Costa County Recorder's Office (Series #2003- 0418119). The areas described in Exhibit "A" and Exhibit "B", attached hereto, are the corrected legal descriptions to the parcels identified as parcel 25 and.parcel 26 in said deed. This Board hereby APPROVES and AUTHORIZES the conveyance of a Correction Grant Deed to the State of California, pursuant to Government Code Section 25526.5 and the Chair, Board of Supervisors, is hereby AUTHORIZED to execute said document on behalf of the County. The Real Property Division is DIRECTED to cause said Correction Grant Deed to be delivered to the grantee for acceptance and recording. RDB:eh I hereby certify that this is a true and correct G:\GrpData\ReatProp\2004-Files\BOS&RES\BR.26 Correction Grant Deed.doc copy of an action taken I and entered on the minutes of the Board of supervisors on the OrIg.Dept.: Public Works(R/P) date shown. Contact: Ron Babst(313-2226) cc: Public Works Accounting ATTESTED: FEBRUARY 10, 2004 Public Works Records JOHN SWEETEN,Clerk of the Board of Grantee(via R/P) Supervisors and Counly Administrator Recorder(via R/P) p Community Development Dept Board Orders Clerk Specialist,Adm. BY Deputy RESOLUTION NO. 2004/ 63 --I''..,.....I.........................................................................................................I--...........-....... .................. ........................................................................ EXHIBIT"A" PARCEL 25: A PORTION OF A PARCEL OF LAND DESCRIBED IN THE DEED TO CONTRA COSTA COUNTY, FILED JANUARY 22, 1991 IN BOOK 16360 OF OFFICIAL RECORDS AT PAGE 92,AND A PORTION OF PARCEL 2 DESCRIBED IN THE DEED FILED MAY 20, 1988 IN BOOK 14343 OF OFFICIAL RECORDS AT PAGE 321 IN THE OFFICE OF THE RECORDER OF CONTRA COSTA COUNTY,DESCRIBED AS FOLLOWS: AN EASEMENT FOR DRAINAGE PURPOSES,AND INCIDENTS THERETO,UPON,OVER AND ACROSS THAT REAL PROPERTY SITUATE IN THE CITY OF PITTSBURG,COUNTY OF CONTRA COSTA,STATE OF CALIFORNIA,BEING A PORTION OF SECTION 15,T.2.N.,R.I.W., M.D.B.&M.,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY CORNER OF THAT CERTAIN PARCEL OF LAND DESIGNATED AS PARCEL 16(50867-1)AS DESCRIBED IN THE GRANT DEED FROM THE CONTRA COSTA COUNTY TO THE STATE OF CALIFORNIA RECORDED AUGUST 21,2003 IN THE DOCUMENT NUMBER 03-0416119,CONTRA COSTA COUNTY RECORDS;THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL NORTH 87°50'51"EAST,A DISTANCE OF 230.41 FEET TO THE TRUE POINT OF BEGINNING;THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE,THE FOLLOWING TWO(2)COURSES: 1. NORTH 87050'51"EAST,A DISTANCE OF 47.43 FEET TO THE BEGINNING OF A NON- TANGENT CURVE TO THE RIGHT FROM WHICH POINT A RADIAL LINE.BEARS SOUTH 42024'40"EAST; 2. ALONG SAID CURVE HAVING A RADIUS OF 1071.50 FEET THROUGH A CENTRAL ANGLE OF 0053'02"WITH AN ARC LENGTH OF 16.53 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE NORTH 02032'35"WEST,A DISTANCE OF 477.24 FEET;THENCE SOUTH 87*26'50"WEST 28.48 FEET TO A POINT ON THE WESTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESIGNATED AS PARCEL 2 AS DESCRIBED IN THE DEED RECORDED IN BOOK 7185 OF OFFICIAL RECORDS AT PAGE 622 IN THE OFFICE OF THE RECORDER OF CONTRA COSTA COUNTY,SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT FROM WHICH POINT A RADIAL LINE BEARS SOUTH 59'42'22"EAST;THENCE ALONG SAID CURVE HAVING A RADIUS OF 130.00 FEET THROUGH A CENTRAL ANGLE OF 17025'58"WITH AN ARC LENGTH OF 39.55 FEET TO A POINT ON THE NORTHERLY LINE OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN THE DEED RECORDED IN BOOK 397 OF OFFICIAL RECORDS AT PAGE 288 IN THE OFFICE OF THE RECORDER OF CONTRA COSTA COUNTY,SAID POINT BEING THE BEGINNING OF A NON- TANGENT CURVE TO THE RIGHT FROM WHICH POINT A RADIAL LINE BEARS NORTH 51°41'09"WEST;THENCE ALONG SAID NORTHERLY LINE ON SAID CURVE HAVING RADIUS OF 480.00 FEET THROUGH A CENTRAL ANGLE OF 02046'22"WITH AN ARC LENGTH OF 23.23 FEET;THENCE LEAVING SAID NORTHERLY LINE SOUTH 02032'35" ST,A DISTANCkOF 434.25 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 28,336 SQUARE FEET MORE OR LESS. 0 C) 0 No.6314 Exp o10- fr CP NAWC04601doc(survey)\Drainageessement-25.doc .................................................................................................................................. ..............- ....................................................................... Recording Requested By: State of California When Recorded Return to: Depart.of Transportation P.O.Box 23440 Oakland,CA 94823-0440 Attn:R/W.Excess Lands District I County _] Route Post A_jMLe Number 4 CC 4 16.8 to 120.1 52965-25&26 CORRECTION GRANT DEED To correct the erroneous language in the original document recorded August 21,2003 in the Contra Costa County Recoider's Office(Seiies#2003-04161 19) For Value Received,Contra Costa County, a political subdivision of the State of California,GRANTS to the STATE OF CALIFORNIA,all that real property in the City of Pittsburg and in the unincorporated area of the County of Contra Costa,described as follows: FOR DESCRIPTION SEE EXHIBITS"A"AND"B"ATTACHED HERETO AND MADE A.PART HEREOF. Co RIA COSTA COU Dated: FEBRUARY .10, 2004 By: / Chair,Bo rd of SupervIi6-r-s STATE OF CALIFORNIA COUNTY OF CONTRA COSTA On FEBRUARY 10, 7004, before me, EMELDA L. SHARP _,a Deputy Clerk of the Board of Supervisors, Contra Costa County, personally appeared SUP. FEDERAL GLOVER who is personally known to me (or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s) islare subscribed to the within instrument and acknowledged to me that hefshelthey executed the same in his/her/their authorized capacity(les), and that by his/her/their signature(s) on the Instrument the person(s), or the entity upon behalf of-which the person(s) acted, executed the instrument By: Deputy C19rk THIS IS TO CERTIFY,that the State of California,acting by and through the Department of Transportation(pursuant to Government Code Section 27281), hereby accepts for public purposes the real property described in the within deed and consents to the recordation thereof, IN WITNESS WHEREOF, I have hereunto set my hand this day of 2004. By: Director of Transportation Attorney in Fact ''I'll,.................................................................................................................................................................. ........................................................................... EXHIBIT "B" PARCEL 26: A PORTION OF A PARCEL OF LAND DESCRIBED IN THE DEED TO CONTRA COSTA COUNTY RECORDED DECEMBER 5, 1990 IN BOOK 16360 OF OFFICIAL RECORDS AT PAGE 92 IN THE OFFICE OF THE RECORDER OF CONTRA COSTA COUNTY,DESCRIBED AS FOLLOWS: AN EASEMENT FOR DRAINAGE PURPOSES,AND INCIDENTS THERETO,UPON,OVER AND ACROSS THAT REAL PROPERTY SITUATE IN THE CITY OF PITTSBURG,COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA,BEING A PORTION OF SECTION 15,T.2.N.,R.I.W., M.D.B.&M.,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF THAT CERTAIN PARCEL OF LAND DESIGNATED AS PARCEL 18(50869-1)AS DESCRIBED IN THE GRANT DEED FROM THE CONTRA COSTA COUNTY TO THE STATE OF CALIFORNIA RECORDED AUGUST 21,2003 IN THE DOCUMENT NUMBER 03-0416119,CONTRA COSTA COUNTY RECORDS;THENCE ALONG THE EASTERLY LINE OF SAID PARCEL SOUTH 16008'06"EAST,A DISTANCE OF 70.59 FEET TO THE TRUE POINT OF BEGINNING;THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 16"09'06"EAST,A DISTANCE OF 21.53 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 52008'38"EAST,A DISTANCE OF 214.33 FEET;THENCE NORTH 37*51'22" WEST, A DISTANCE OF 20.00 FEET;THENCE SOUTH 52*08'38"WEST,A DISTANCE OF 206.37 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 4,207 SQUARE FEET MORE OR LESS. THE PURPOSE OF THIS CORRECTION GRANT DEED IS TO CORRECT ERRORS CONTAINED IN THE ORIGINAL LEGAL DESCRIPTIONS OF PARCEL 25 AND PARCEL 26 WHICH WERE INCLUDED IN THE ORIGINAL GRANT DEED RECORDED AUGUST 21,2003 IN THE DOCUMENT NO.2003-0416119-00 IN THE OFFICE OF THE RECORDER OF CONTRA COSTA COUNTY. NOTE:ALL DISTANCES IN THIS DESCRIPTION ARE GRID DISTANCES. MULTIPLY ALL GRID DISTANCES BY A FACTOR OF 1.0000656 TO OBTAIN GROUND DISTANCES. ALSO MULTIPLY AREAS BY 1.0001312 TO OBTAIN TRUE GROUND AREAS. THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS THE CALIFORNIA COORDINATE SYSTEM OF 1983,ZONE 111. 0 a No.6314: Exp. orc NAWC0460\doc(survey)\Drainagoeasement-26,doc ''I'll--,................................................................................................................................................................................................ .............................................................................. EXHIBIT"A" PARCEL 25: A PORTION OF A PARCEL OF LAND DESCRIBED IN THE DEED TO CONTRA COSTA COUNTY, FILED JANUARY 22, 1991 IN BOOK 16360 OF OFFICIAL RECORDS AT PAGE 92,AND A PORTION OF PARCEL 2 DESCRIBED IN THE DEED FILED MAY 20, 1988 IN BOOK 14343 OF OFFICIAL RECORDS AT PAGE 321 IN THE OFFICE OF THE RECORDER OF CONTRA COSTA COUNTY,DESCRIBED AS FOLLOWS: AN EASEMENT FOR DRAINAGE PURPOSES,AND INCIDENTS THERETO,UPON,OVER AND ACROSS THAT REAL PROPERTY SITUATE IN THE CITY OF PITTSBURG,COUNTY OF CONTRA COSTA,STATE OF CALIFORNIA,BEING A PORTION OF SECTION 15,T.2.N.,R.I.W., M.D.B.&M.,MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWESTERLY CORNER OF THAT CERTAIN PARCEL OF LAND DESIGNATED AS PARCEL 16(50867-1)AS DESCRIBED IN THE GRANT DEED FROM THE CONTRA COSTA COUNTY TO THE STATE OF CALIFORNIA RECORDED AUGUST 21,2003 IN THE DOCUMENT NUMBER 03-0416119,CONTRA COSTA COUNTY RECORDS;THENCE ALONG THE NORTHWESTERLY LINE OF SAID PARCEL NORTH 87°50'51"EAST,A DISTANCE OF 230.41 FEET TO THE TRUE POINT OF BEGINNING;THENCE CONTINUING ALONG SAID NORTHWESTERLY LINE,THE FOLLOWING TWO(2)COURSES: 1. NORTH 87°50'51"EAST,A DISTANCE OF 47.43 FEET TO THE BEGINNING OF A NON- TANGENT CURVE TO THE RIGHT FROM WHICH POINT A RADIAL LINE BEARS SOUTH 4224'40"EAST; 2. ALONG SAID CURVE HAVING A RADIUS OF 1071.50 FEET THROUGH A CENTRAL ANGLE OF 0053'02"WITH AN ARC LENGTH OF 16.53 FEET; THENCE LEAVING SAID NORTHWESTERLY LINE NORTH 02032'35"WEST,A DISTANCE OF 477.24 FEET;THENCE SOUTH 87°26'50"WEST 28.48 FEET TO A POINT ON THE WESTERLY LINE OF THAT CERTAIN PARCEL OF LAND DESIGNATED AS PARCEL 2 AS DESCRIBED IN THE DEED RECORDED IN BOOK 7185 OF OFFICIAL RECORDS AT PAGE 622 IN THE OFFICE OF THE RECORDER OF CONTRA COSTA COUNTY,SAID POINT BEING THE BEGINNING OF A NON-TANGENT CURVE TO THE LEFT FROM WHICH POINT A RADIAL LINE BEARS SOUTH 59'42'22"EAST;THENCE ALONG SAID CURVE HAVING A RADIUS OF 130.00 FEET THROUGH A CENTRAL ANGLE OF 17025'58"WITH AN ARC LENGTH OF 39.55 FEET TO A POINT ON THE NORTHERLY LINE OF THAT CERTAIN PARCEL OF LAND AS DESCRIBED IN THE DEED RECORDED IN BOOK 397 OF OFFICIAL RECORDS AT PAGE 288 IN THE OFFICE OF THE RECORDER OF CONTRA COSTA COUNTY,SAID POINT BEING THE BEGINNING,OF A NON- TANGENT CURVE TO THE RIGHT FROM WHICH POINT A RADIAL LINE BEARS,NORTH 51°41'09"WEST;THENCE ALONG SAID NORTHERLY LINE ON SAID CURVE HAVING RADIUS OF 480.00 FEET THROUGH A CENTRAL ANGLE OF 02046'22"WITH AN ARC LENGTH OF 23.23 FEET;THENCE LEAVING SAID NORTHERLY LINE SOUTH 02'32'35" ST,ADISTANC]i-OF 434.25 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 28,336 SQUARE FEET MORE OR LESS. -3 o N8.6344 x O)rc N:\WC0460\doc(survey)\Drainageeasement-25.doc ................................................................. EXHIBIT "B" PARCEL 26: A PORTION OF A PARCEL OF LAND DESCRIBED IN THE DEED TO CONTRA COSTA COUNTY RECORDED DECEMBER 5, 1990 IN BOOK 16360 OF OFFICIAL RECORDS AT PAGE 92 IN THE OFFICE OF THE RECORDER OF CONTRA COSTA COUNTY,DESCRIBED AS FOLLOWS: AN EASEMENT FOR DRAINAGE PURPOSES,AND INCIDENTS THERETO,UPON,OVER AND ACROSS THAT REAL PROPERTY SITUATE IN THE CITY OF PITTSBURG,COUNTY OF CONTRA COSTA,STATE OF CALIFORNIA,BEING A PORTION OF SECTION 15,T.2.N.,R.I.W., M.D.B.&M.,MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF THAT CERTAIN PARCEL OF LAND DESIGNATED AS PARCEL 18(50869-1)AS DESCRIBED IN THE GRANT DEED FROM THE CONTRA COSTA COUNTY TO THE STATE OF CALIFORNIA RECORDED AUGUST 21,2003 IN THE DOCUMENT NUMBER 03-0416119,CONTRA COSTA COUNTY RECORDS;THENCE ALONG THE EASTERLY LINE OF SAID PARCEL SOUTH 16008'06"EAST,A DISTANCE OF 70.59 FEET TO THE TRUE POINT OF BEGINNING;THENCE CONTINUING ALONG SAID EASTERLY LINE SOUTH 16008'06"EAST,A DISTANCE OF 21.53 FEET; THENCE LEAVING SAID EASTERLY LINE NORTH 52008'38"EAST,A DISTANCE OF 214.33 FEET;THENCE NORTH 37'51'22" WEST, A DISTANCE OF 20.00 FEET;THENCE SOUTH 52'08'38"WEST,A DISTANCE OF 206.37 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 4,207 SQUARE FEET MORE OR LESS. THE PURPOSE OF THIS CORRECTION GRANT DEED IS TO CORRECT ERRORS CONTAINED IN THE ORIGINAL LEGAL DESCRIPTIONS OF PARCEL 25 AND PARCEL 26 WHICH:WERE INCLUDED IN THE ORIGINAL GRANT DEED RECORDED AUGUST 21,2003 IN THE DOCUMENT NO.2003-0416119-00 IN THE OFFICE OF THE RECORDER OF CONTRA COSTA COUNTY. NOTE:ALL DISTANCES IN THIS DESCRIPTION ARE GRID DISTANCES. MULTIPLY ALL GRID DISTANCES BY A FACTOR OF 1.0000656 TO OBTAIN GROUND DISTANCES. ALSO MULTIPLY AREAS BY 1.0001312 TO OBTAIN TRUE GROUND AREAS. THE BASIS OF BEARINGS FOR THIS DESCRIPTION IS THE CALIFORNIA COORDINATE SYSTEM OF 1983,ZONE 111. 0 a No.6314, FXP. - aFCALti NAWC0460\doc(survey)\Drainageessement-26.doc ............................................