HomeMy WebLinkAboutMINUTES - 06262001 - C.10 TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR
DATE: June 26, 2001
SUBJECT: APPROVE Plans and Specifications and ADVERTISE for bids for the Castro
Ranch Bike Lanes Project in the Richmond area.
Project No.: 0662-6R4248-01, CDD-CP # 00-27
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
I. Recommended Action:
APPROVE the Plans and Specifications for the Castro Ranch Bike Lanes Project
and
ADVERTISE for bids to be received on Tuesday, July 24, 2001, at 2:00 p.m.
DIRECT the Clerk of the Board to publish the Notice to Contractors in
accordance with Section 22037 of the Public Co71'yz' zi
� ae,
_RECOMMENDATION OF COUNTY ADMINISTRATOR
_RECOMMENDATION OF BOARD COMMITTEE
APPROVE OTHER
SIGNATURE(S):
ACTION OF BOARD ON June 26 , 2001 APPROVED AS RECOMMENDED xx OTHER
VOTE OF SUPERVISORS I hereby certify that this is a true and correct copy of an
xx UNANIMOUS(ABSENT None ) action taken and entered on the minutes of the Board of
AYES: NOES: Supervisors on the date shown.
ABSENT: ABSTAIN:
FN:mp
G:\GrpData\Design\Frank\Projects\Castro Ranch Bike Lanes\Castro Ranch Board
Order.doc June 26 , 2001
ATTESTED:
Orlg Div: Public Works(Design Division)
Contact: Frank Navarro (925)313-2264 John Sweeten, Clerk of the Board of Supervisors and
cc: E.KCAO County Administrator
Auditor-controller
Community Development
PW Accounting
Construction
By � Deputy
i�
SUBJECT: APPROVE Plans and Specifications and ADVERTISE forbids for the Castro
Ranch Road Bike Lanes Project in the Richmond area.
Project No.: 0662-6R4248-01, CDD-CP # 00-27
DATE: June 26, 2001
PAGE 2
II. Financial Impact:
The estimated contract cost of the project is $258,000, funded by Transportation
Development Act (TDA) Article 3 Funds (68%) and Local Road
Funds (32%).
III. Reasons for Recommendations and Background:
The project is needed to provide bike lanes on this portion of Castro Ranch Road.
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 May 2, 2000 and determined the
project to be exempt from the California Environmental Quality Act as a Class 4h
Categorical Exemption. A Notice of Exemption was filed with the County Clerk on
May 4, 2000.
IV. Consequences of Negative Action:
If the project is not approved for advertising, it will not be constructed.
PROOF OF PUBLICATION
contra
nuCcounty
aunty
t(2015.5 C.C.P.) Pb.WO ^V
25 aGanmenrtNe
Martinez.California ISTATE OF CALIFORNIA 943-497
IV\ 1
County of Contra Costa NOTICE TO
.CONTRACTORS
The Public Works Director
I am a citizen of the United States and a resident of the will receive sealed bids at
Count aforesaid; I am over the age of eighteen ears, and the Public Werke Depart-
ment g g Y 255ilIacIor Drivon Martniez�
not a party t0 Or interested In the above-entitled matter. California 94553-4897 until
. 2 o'clock p.m. on July 24
I am the Principal Legal Clerk of the Contra Costa Times, a 2001, at wnlilvvchppeme they
read ofor.CAS7R0^RANCH
newspaper of general circulation, printed and published at BIKE LANES
2640 Shadelands Drive in the City of Walnut Creek, County General work descn 1lon:
This pro ect consists o1
of Contra Costa,94598. pavemen{ wldeing, minor
pavement failure repair,
concrete curb, concrete
And which newspaper has been adjudged a newspaper of ditch, asphalt concrete
gdike,r flooxwtenyon and etrlpe-
general circulation by the Superior Court of the County of
Contra Costa, State of California, under the date of October Engineer's cast estimate:
22, 1934.Case Number 19764. s182,000
A ra-bid meeting will be
The notice, of which the annexed is a printed copy (set in zool ei loco m'at the
type not smaller than nonpareil),has been published in each to co r the
Department
YPP to ewer me County's Bid-
regular and entire issue of said newspaper and not in an der Outreach Program.
9Y ProspectNe Udders after-
supplement thereof on the following dates,to-wit: danco Is recommended
but not mandetury.
July 10 Contract Documents, In-
cationclu s.pmay be viewiend
end/or obtained et Ne Putr
,.%01Z
c Jerks Deportment C.C.
all in the year of 2001 Rich Building,255 Glacier
Drive Martinez, California
I certif Thuradey 97
�:00 eay 12
y (or declare) under penalty of perjury that the Noon and 1:00 ppam-T.-5:00
foregoing IS true and correct. p.m.� (closed Frldays). To
9 9 ob a n plans antl specllf ca-
tions a service charge Is re-
qwired In the amount o1
Executed at Walnut Creek,Califon ia. 523.76(sales tax Included).
Plans and specifications
On this 1 day Ju y, 001 may
beajolongi dbymaienC
hantlling fee oshipping3.00.
Chocks shell be made Pay-
........... .. . . ..... . ....... able to'The County of 0on-
Signaturetra Costa'and be mailed to
above address.The Public
Works Department does
not guarantee the arrival of
Contra Costa Times the plans and specifics-
tions In time for bidding.
P O Box 4147 will not be sentt ovem'pht
Walnut Creek,CA 94596 mall.
(925)935-2525 This project is to be adver-
tised pursuant to Public
Contract Code 22037.
Proof Of Publication Of: This contract is subj
t o
state contract nondlscrecltml-
(attached is a copy of the legal advertisement that published) nation and compliance re-
yyuirements ursuant to
Government(Ade,Section
12290.
The Contractor shall pos-
sess a ClassA or Class
C12 License at the time the
Contract Is awarded.
Bids must cover the entire
pmject,and neither partial
nor contingent bids will be
consldema.
The successful bidder shall
furnish a payment bond
antl a performance bond.
The Board nes ascertained
the general prevailing we e
rates The
r applicable to this
per The prevalling rete lof
e
per diem wages Is on 910
with the Clerk the Board
01 Supervisors,, and r Ir
corpr.
encs thtedere herein a rater.
Inset thereto,the lama
It sat forth at•I For
any classification
not not In-
cludod the list the mini•
mum
mum wage shall be the
fferal prevalling rate for
Contra Costa County,
The bid oppening date may
be extendatl by addendum
issued by the Public Worts
Department no later than
Jury 19, 2001, In which
case any bids submitted
for the oriaanal bid ooeninaa
will be refumed unoponed
and sealed bid pproposals
for the extended bid open-
Inap shall be submitted on or
bcforo August 7 2001,at
2:00 p.m., and will be
opened,read and recorded
at the same place spocl-
fied above. All proposals
received late will be re-
turned unopened
The said Board reserves
the rlgght to reject arty and
all bila or any portion of
any bid aridior waive arty ir-
regularity In any bid re-
cerved.
For questions reWding the
project contact N�.ck Loze-
no Design Division.at(925)
31N-2323.
By order of the Board of
Suppaarvlson;of Contra Cos-
ta Co my
John Sweeten
Clerk of the Board of Su-
pervisora and County Ad-
m
inisira[a
By:Is/
E.Sharp Deputy
Le pN WCT 242'8
Publish July 10,2001
oy - _ _ s LEGAL PUBLICATION REQUISTION /
Contra Costa County
Srq ccitiN�
From: Clerk of the Board To: West County Times
651 Pine St., Room 106 PO Box 100
Martinez, CA 94553 Pinole, CA 94564
Requested by: Date:
Phone No: Reference No:
o2/fid 6 �P .?
Orgl�6 G.2 Sub Object: Task: �� Activity:
o
Publication Date (s): /
No. of Pages: .3
O b p
LEGAL PUBLICATION- /19/ rz77o/
d
7/7?.
O
""Immediately upon expiration of publication,""
send in one affidavit for each publication in
order that the auditor may be authorized to pay your bill.
Authorized Signature:
T /Owe-
�G�AsG
Please confirm date of publication & receipt of this fax. 1�, �°
fo
ProjecRANCH BTI NES,-
-Project Numbgr�-OK 2-61Z4248-01
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 July 24,
2001, at which time they will be publicly opened and read, for: CASTRO RANCH BIKE LANES.
General work description:The project consists of pavement widening,nunor pavement failure
repair, concrete curb, concrete ditch, asphalt concrete dike, flow diverters,pipe culvert extension
and striping.
Engineer's cost estimate: $182,000
A pre-bid meeting will be held on Monday, July 9, 2001 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 $23.76 (sales tax
included). Plans and specifications may be ordered by mail for an additional shipping and
handling fee of $3.00. Checks shall be made payable to 'The County of Contra Costa' and be
mailed to the above address. The 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 opehiing date may be extended by addendum issued by the Public Works Department no
later than July 19, 2001, 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 August 7,2001,at 2:00 p.m., and will be opened,
read and recorded at the sane place specified above. All proposals received late will be
returned unopened.
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 Nick Lozano, Design Division,at(925) 313-2323.
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:
June 29, 2001
CONTRA COSTA COUNTY
PUBLIC WORKS DEPARTMENT
PROPOSAL RECEIVED
AND JUN � 8
CONTRACT Zoo1
FOR CLERK BOARD OF SUPERVISORS
CONTRA COSTA CO.
CASTRO RANCH BIKE LANES
PROJECT NO: 0662-6R4248-01
01.
a
COUN
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: July 24,2001
FOR PRE-BID INFORMATION CONTACT: Nick Lozano (925)313-2323
i'
FOR PLAN HOLDER'S LIST CALL (925)313-2000
TABLE OF CONTENTS
PROPOSAL
SUBCONTRACT INFORMATION
TITLE 23 SECTION 112 NON-COLLUSION AFFIDAVIT
SIGNATURE OF BIDDER
SAMPLE BIDDER'S BOND
LETTER OF INTENT TO PERFORM AS A
SUBCONTRACTOR/SUPPLIER/MANUFACTURER!TRUCKER/SUBCONSULTANT
VERIFICATION OF PERFORMANCE
SUBCONTRACTOR/SUPPLIER/MANUFACTURER/TRUCKER/SUBCONSULTANT
WARRANTY AND REPAIR AGREEMENT
SAMPLE CONTRACT
SAMPLE PERFORMANCE BOND
SAMPLE PAYMENT BOND
CASTRO RANCH BIKE LANES
PROJECT NO. 0662-6R4248-01
Bids Due: July 24, 2001
To the Board of Supervisors of Contra Costa County
Martinez, California
PROPOSAL
FOR
CASTRO RANCH BIKE LANES
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 he/she 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 he/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:
Item Bid Item Description Unit Quantity Unit Price (in Total (in
No. Figures) Figures)
1 Mobilization L.S. 1
2 Construction Area Signs L.S. 1
3 Traffic Control System L.S. 1
4 Remove Traffic Stripe M 2185
5 Relocate Roadside Sign (One Post) EA 1
6 Adjust Monument To Grade EA 1
7 Clearing and Grubbing L.S. 1
8 Roadway Excavation (F) M3 515
g Earthwork L.S. 1
10 Asphalt Concrete(Type A, 19mm MAX.) TONNE 1550
11 Pavement Failure Repair M2 52
12 Place AC Dike(Type A) M 6
13 Roadside Sign (One Post) EA 4
14 Corrugated Metal Pipe M 2
15 Minor Concrete("V"Ditch) M 18
16 Minor Concrete (A2-150 Curb) M 18
17 Redwood Flow Diverters EA 17
18 Thermoplastic Traffic Stripe (Detail 2) M 175
19 Thermoplastic Traffic Stripe(Detail 22) M 215
20 Thermoplastic Traffic Stripe(Detail 2713) M 530
21 Thermoplastic Traffic Stripe(Detail 39) M 1885
22 Thermoplastic Pavement Marking M2 14
TOTAL
a
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.
1
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
MBE Partici ation: 14%
=WBE Participation: 6%
The bidder is required to subcontract the following minimum
percentage of its bid:
Mandatory
Subcontracting 14%
Minimum (MSM)
Requirement
NOTE: Outreach Program information and/or assistance may be obtained
through the County's Affirmative Action Office at (925) 335-1045.
2
PROPOSAL(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.
i
3
o T�rp
PA
o
o
10.
1po
"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 of California ) 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) ;
5
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
6
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 (10%) of the amount of the bid
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 Name) (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\C—MPEC1PROPOSAL\SAMBIDB.DOC 5/1/01
Contra Costa County
OUTREACH PROGRAM
Affirmative Action Office
651 Pine Street,Martinez,CA 94553
(925)335-1045 Fax(925)646-1353
LETTER OF INTENT
TO PERFORM AS A
SUBCONTRACTOR/SUPPLIER/MANUFACTURER/
TRUCKER/SUBCONSULTANT
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 LBE
_ Subcontractor _ Subcontractor _ Subcontractor _ Subcontractor
_ Supplier _ Supplier _ Supplier _ Supplier
_ Manufacturer _ Manufacturer _ Manufacturer _ Manufacturer
_ Trucker _ Trucker _ Trucker _ Trucker
_ Other _ Other _ Other _ Other
Describe Describe Describe Describe
_None 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\Dcsign\CTSPEC\PROPOSAL\Itrintent.doc
8
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/SUPPLIER/MANUFACTURER/TRUCKER/SUBCONSU LTANT
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 Venture
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 Bid 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
11.
Name of Person Completing this Form
12. ( )
Company Name Phone Number
L—
)-FAX Number
9
WARRANTY AND REPAIR AGREEMENT
To Contra Costa County:
The undersigned agrees to repair and/or replace all improvements installed as part of
Castro Ranch Bike Lanes
0662-6R4248-01
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
which 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 furnished 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\PROPOSAL\MAINT.doc 7/30/98
10
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 Costa County
Contractor—
Use complete legal name of Contractor.
Effective Date:
(see Section 4 for starting date.)
(See Sec.3) Project Name
Proj.No.
located
The work consists of
all in accordance with the Plans,Drawings,Special Provisions and/or Specifications
prepared by or for the Public Works Director/Chief 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 Taxpayers I.D.or Social Security No.
2. SIGNATURES&ACKNOWLEDGEMENT.
Public Agency,By:
Maurice M.Shiu,
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 be 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 1
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 me 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/she/they executed the same 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 Seal)
(Notary Public)
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 I,SPECIAL TERMS.
(b) Contractor shall,at his own cost and expense,and in a workmanlike manner,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 from 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 the 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 both,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 unnecessary 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 the 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.
12
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. LAWS APPLY. General. Both parties recognize the applicability of various federal,state and local laws and regulations,especially Chapter of
Part 7 of the California Labor Code(beginning with Section 1720,and including Sections 1735, 1777.5,and 1777.6 forbidding discrimination)and intend that
this agreement complies therewith. The parties specifically stipulate that the relevant penalties and forfeitures provided in the Labor Code, especially in
Sections 1775 and 1813,concerning prevailing wages and hours,shall apply to this agreement as though fully stipulated herein.
13. SUBCONTRACTORS. Public Contract Code Sections 41004114 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 file with the Public Agency,and are
hereby incorporated herein.
(b) This schedule of wages is based on a working day of 8 hours unless otherwise specified;and the daily rate is the hourly rate multiplied by the
number of hours constituting the 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 must be paid at least the 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 anytime 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 the 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 he 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 fulfill this contract as prescribed; nor shall the Public Agency be thereby
estopped from bringing any action for damages or enforcement arising from the 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 the 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 this work,has insurance or other indemnification
covering any of these matters,or that the alleged damage resulted partly from any negligent or willful misconduct of any indemnitee.
13
21. EXCAVATION. Contractor shall comply with the provisions of Labor Code Section 6705, if applicable, by submitting to Public Agency a
detailed plan 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
Contractors receipt of the final payment under this contrail,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 furthcr 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 terns 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 Rates 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-l;Rev.3-95)
G:\GrpData\Design\CTSPEC\PROPOSAL\Samcontr.doc 5/1/01
14
SAMPLE PERFORMANCE BOND —PUBLIC WORK
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 sum of 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.
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 bond 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:\grpdata\design\ctspec\proposal\perfbnd.doc ,
15
SAMPLE PAYMENT BOND -- PUBLIC WORK
[Civ. Code Secs. 3247- 3248]
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 sum of 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.
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:\grpdata\design\ctspec\proposal\paybond.doc
a
16
u
CONTRA COSTA COUNTY
PUBLIC WORKS DEPARTMENT
NOTICE TO CONTRACTORS
AND
SPECIAL PROVISIONS
FOR
CASTRO RANCH BIKE LANES
PROJECT NO: 0662-6R4248-01
1 _ 1
n1
�,.... 0
rA,cou��
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: July 24, 2001
FOR PRE-BID INFORMATION CONTACT: Nick Lozano (925) 313-2323
ENGINEER'S ESTIMATE: $182,000
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/depart/pw/
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 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 4
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 5
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.
� t
PROJECT NO. 0662-6R4248-01
The special provisions contained herein have been prepared by or under the direction of the
following Registered Persons:
CIVIL
C o
C7 No.C 59584
u�
EXP- L44L
L
*cf j. CNIL
q�OF CA1-�F�
r t '
TABLE OF CONTENTS
VICINITY AND CONSTRUCTION SIGNING MAP
TYPICAL SECTIONS
NOTICE TO CONTRACTORS
SPECIAL PROVISIONS
SECTION 1. SPECIFICATIONS AND PLANS................:................................................ 1.
SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS..............................2
2-1.01 GENERAL................................................................................................................. 2
2-1.01 A WARRANTY AND REPAIR AGREEMENT....................................................... 3
SECTION 3 - OUTREACH PROGRAM/MANDATORY SUBCONTRACTING..........3
SECTION 3-1.00-OUTREACH PROGRAM.......................................................................3
3-1.01 GENERAL................................................................................................................. 3
3-1.02 MBE/WBE/OBE PARTICIPTION........................................................................... 3
3-1.03 DEFINITIONS .......................................................................................................... 3
3-1.04 CERTIFICATION AND PARTICIPATION OF MINORITY AND WOMEN
BUSINESS ENTERPISES .............:..................................................................................... 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
3-1.07SUBCONTRACTOR SUBSTITUTION.................................................................. 11
3-1.08 SUB-AGREEMENT FALSIFICATION................................................................. 11
3-1.09 FINAL SUBCONTRACTING REPORT SUBMITTALNERIFICATION OF
PERFORMANCEFORMS ................................................................................................ 12
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 ............................................................ 13
SECTION 3-3.00 EXECUTION OF CONTRACT............................................................ 13
3-3.01 BONDS.................................................................................................................... 13
3-3.02 INSURANCE AND INDEMNIFICATION............................................................ 14
3-3.02A INSURANCE REQUIREMENTS ................................................................... 14
3-3.02B HOLD HARMLESS AND INDEMNIFICATION .......................................... 15
3-3.03 EXECUTION OF AGREEMENT(CONTRACT) ................................................. 17
SECTION 4. BEGINNING OF WORK AND TIME OF COMPLETION.................... 1.7
4-1.01-GENERAL............................................................................................................... 17
4-1.02 PRE-CONSTRUCTION CONFERENCE .............................................................. 18
4-1.03 ARCHAEOLOGICAL DISCOVERIES AND/OR HISTORICAL DISCOVERIES 18
• � r
SECTION5. 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.....................................................:.......................................... 25
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............................................................................................. 29
5-1.15 CITY OF RICHMOND ENCROACHMENT PERMIT.......:................................. 29
5-1.16 SOUND CONTROL REQUIREMENTS................................................................ 29
5-1.17 PROMPT PROGRESS PAYMENT'I'O SUBCONTRACTORS........................... 30
5-1.18 PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS...... 30
5-1.19 CONTROL OF WORK........................................................................................... 30
5-1.20 AIR POLLUTION CONTROL............................................................................... 30
SECTION 6. ADDITIONAL INSUREDS,WORKING DAYS,AND LIQUIDATED
DAMAGES..................................................................................................................................30
6-1.01 ADDITIONAL........................................................................................................ 30
6-1.02 WORKING DAYS.................................................................................................. 31
6-1.03 LIQUIDATED DAMAGES.................................................................................... 31
SECTION7. (BLANK)........................................................................................................31
SECTION8. MATERIALS................................................................................................31
SECTION 8-1. MISCELLANEOUS..................................................................................31
8-1.01 SUBSTITUTION OF NON-METRIC MATERIALS AND PRODUCTS............. 31
8-1.02 PREQUALIFIED AND TESTED SIGNING AND DELINEATION
MATERIALS...................................................................................................................... 39
8-1.03 TESTING.................................................................................................................45
8-1.04 QUALITY CONTROL TESTING.......................................................:.................. 46
SECTION 9. DESCRIPTION OF WORK........................................................................46
SECTION 10. CONSTRUCTION DETAILS..................................................................46
SECTION 10-1. GENERAL...............................................................................................46
10-1.01 ORDER OF WORK............................................................................................... 46
10-1.02 WATER POLLUTION CONTROL...................................................................... 47
10-1.03 PRESERVATION OF PROPERTY...................................................................... 49
10-1.04 PROGRESS SCHEDULE....................................................:................................ 49
10-1.05 OBSTRUCTIONS.................................................................................................49
1 f
10-1.06 DUST CONTROL.................................................................................................. 50
10-1.07 MOBILIZATION......................
10-1.08 FLAGGING COSTS. ............................................................................................ 50
10-1.09 CONSTRUCTION AREA SIGNS........................................................................ 50
10-1.10 MAINTAINING TRAFFIC .................................................................................. 50
10-1.11 TRAFFIC CONTROL SYSTEM FOR LANE CLOSURE .................................. 51
10-1.12 TRAFFIC CONTROL FOR PAVEMENT DELINEATION ............................... 52
10-1.13 EXISTING HIGHWAY FACILITIES.................................................................. 52
10-1.13A REMOVE TRAFFIC STRIPE AND PAVEMENT MARKING................... 52
10-1.13B REMOVE ASPHALT CONCRETE DIKE.................................................... 53
10-1.13C RELOCATE ROADSIDE SIGN.................................................................... 53
10-1.13D REMOVE CONCRETE................................................................................. 53
10-1.13E PAVEMENT FAILURE REPAIR.................................................................. 53
10-1.14 ADJUSTING UTILITIES TO GRADE................................................................ 54
10-1.15 CLEARING AND GRUBBING ........................................................................... 55
10-1.16 EARTHWORK...................................................................................................... 56
10-1.17 ASPHALT CONCRETE....................................................................................... 56
10-1.17A ASPHALT CONCRETE DIKE...................................................................... 58
10-1.18 MISCELLANEOUS CONCRETE CONSTRUCTION........................................ 58
10-1.19 CORRUGATED METAL PIPE............................................................................ 59
10-1.20 REDWOOD FLOW DIVERTERS ............................................:.......................... 60
10-1.21 ROADSIDE SIGNS .............................................................................................. 60
10-1.22 TRAFFIC STRIPES AND PAVEMENT MARKINGS ....................................... 60
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Project Name: CASTRO RANCH BIKE LANES
Project Number: 0662-6R4248-01
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 July 24,
2001, at which time they will be publicly opened and read,for: CASTRO RANCH BIKE LANES.
General work description: The project consists of pavement widening,minor pavement failure
repair,concrete curb,concrete ditch, asphalt concrete dike, flow diverters,pipe culvert extension
and striping.
Engineer's cost estimate: $182,000
A pre-bid meeting will be held on Monday, July 9, 2001 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 $23.76 (sales tax
included). Plans and specifications may be ordered by mail for an additional shipping and
handling fee of $3.00. Checks shall be made payable to 'The County of Contra Costa' and be
mailed to the above address. The 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 i
Contra Costa County.
\ 1
The bid opening date may be extended by addendum issued by the Public Works Department no
later than July 19, 2001, 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 August 7, 2001,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..
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 Nick Lozano,Design Division, at(925) 313-2323.
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:
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, 1999, and the Standard Plans dated July, 1999, 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.
DEFINITIONS AND TERMS
As used herein, unless the context implies otherwise, the following terms have the following
meaning:
Ate. 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.
Co un 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 Director Transportation Engineering, or En ig neer. 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.
Laboratory. 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 ig neer. The Public Works Director, Contra Costa County, State of
California. �
1
Transportation Building, Sacramento. C. C. Rich Building, 255 Glacier Drive, Martinez,
California.
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 filed 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-
2
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
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 full 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 which does not otherwise qualify
as a Minority or Women Business Enterprise.
3
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 main 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, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories of the Pacific
and the Northern Marianas); and Asian Indians (including persons whose origins are from
India, Pakistan, and Bangladesh).
F. "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.
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 under 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.
I. "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 ENTERPISES
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
4
(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:
I. 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 Hall Plaza, Oakland, CA 94612
TelephoneL(510) 238-3970
Fax: (510) 234-2233
3. Los Angeles County Metropolitan Transportation Commision
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) 272-1390
Fax: (510) 272-1172
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: sandvpkpacbell.net
BART(Bay Area Rapid Transit District)
Telephone: (510)464-6110
Fax: (510)464-7587
Email: imackl@bart.dst.ca.us
County Connection(Central Contra Costa Transit Authority)
Telephone: (925) 676-1976 x223
Fax: (925) 686-2630
Metropolitan Transportation Commission
Telephone: (510) 646-7750
Fax: (510) 464-7848
Email:jmiyasgmtc.dst.ca.us
5
Samtrans (San Mateo County Transit District)
Telephone: (415) 508-6417
Fax: (415) 508-6415
San 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: andy.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)431-5764 -
WebPage: http://www.sfhumanrights.ora/
(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
Webpage: http://www.dot.ca.gov/hq
8. U.S. Small Business Administration
Regional Office, 71 Stevenson Street, 20''Floor, San Francisco, CA 94105-
Telephone: (415) 744-6808
Webpage: http://www/govcon.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
though subcontracting to reach anticipated participation levels.
3. A listed MBE or WBE firm must perform a commercially useful function 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. i
6
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.
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 complete 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, ect.)
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.
However, 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 11 21 31 4 1 5 1 61 7 1 81 9 1 10 1 Total
Points 1 01 10 1 13 1 9 1 10 1 10 1 5 1 10 1 26 1 7 1 100
Each indicator(2-10) is evaluated on a pass/fail basis, i.e.,,either full or zero points can be
achieved for compliance with each item.
1 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.
2 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.
7
Required Documentation: 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.
3 SUFFICIENT WORK IDENTIFIED FOR 13 Points
SUBCONTRACTORS
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.
4 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.
J . , 5 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
8
contain: areas of work to be subcontracted; County protect 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 3-1.04A 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 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 logs. 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
_T
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 which 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
9 NEGOTIABLE 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 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 7 Points
ASSISTANCE
The bidder has documented efforts to advise and assist interested MBEs, WBEs, OBEs,
SBEs, and LBEs in obtaining bonds, lines of credit, and insurance required by the County or
contractor.
3-1.05A GOOD FAITH EFFORT DOCUMENTATION SUBMITTAL
Required Documentation: Include in Indicator 4 or 5, information about the bidder's
efforts to assist with bonds, lines of credit, and insurance.
No later than two (2) working days following 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.
371.06 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.
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The Board specifically reserves the right, in its sole discretion, to waive any of the time
requirements set forth in Section 3v and to waive any other irregularities relating to compliance
with the County's Outreach Program.
3-1.07 SUBCONTRACTOR SUBSTITUTION
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.
1. 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 MBE/WBE 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).
1. The Contractor shall call at least two (2) certified MBE or WBE sub-bid prospects
from each trade for which sub-bid/subcontracting work is available and document
the following for submittal:
Name of the company called; contact person and telephone number; date
and time of contact.
Response for each item of work which 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 done by the sub-bidder/subcontractor
will result in sanctions set forth in provisions pertaining to listing of
subcontractors.
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3-1.09 FINAL SUBCONTRACTING REPORT SUBMITTAL/VERIFICATION 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" 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 done 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 MBE/WBE subcontractors, suppliers,
manufacturers, or truckers that are less than the dollar amounts shown on the respective Letter of
Intent.
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:
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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.
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 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 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
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an amount equal to at least one-hundred percent (100%) of the contract price as security for the
faithful 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.
3-3.02 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.
3-3.02A 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:
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$500000 $1 000 000
Bodily Injury Liability Each Person Each Occurrence
$250000 $500000
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 Motor 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 listed 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 satisfactory to 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 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.
3-3.02B HOLD HARMLESS AND INDEMNIFICATION
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, 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
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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, 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 funds
from any partial payment which 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.
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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
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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 under 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 "INSURANCE 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.
3-3.03 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 shall constitute 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 WORK 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:
17
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
preconstruction conference is held. All specified submittals shall be fiunished 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 6, "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.
4-1.03 ARCHAEOLOGICAL DISCOVERIES and/or 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 27 meter (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 8-1.09, "Right-of-Way Delays," of the Standard Specifications, and
18
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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$5.000 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.
5-1.02A Employment Goals.--On contracts of$1,000,000 or more it shall be the goal of
each Contractor and subcontractor to ensure that the composition of all persons employed
specifically 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.
5-1.0213 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 include 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
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faith effort was made to meet these goals. This effort must be at least as extensive and
specific as the following:
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
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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 Contractor in meeting EEO obligations; by informing and discussing it
with all recruitment sources; by advertising in the news media, specifically including
minority and female news media; by notifying and discussing it with all
subcontractors and suppliers.
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 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 provide copies of
documentation that a good faith effort was made.
5-1.02C Reporting Requirements.--The provisions in Section 7-1.OlA(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.
5-1.02D 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.O1A(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 determining whether the Contractor is indeed out of compliance. If after
the meeting the 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 i
Administrators determination,the Contractor may appeal, in writing, to the Board of
Supervisors. If the Board of Supervisors concurs that there has been a violation, the
21
Contract Compliance Officer wi.11 notify the Contractor in writing of the sanctions to
be imposed.
In addition, the Contra Costa County Board of Supervisors will deem a finding 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
provided 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.
5-1.021)(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 lane 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 2.4 meters 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.
22
(b) Excavations less than 300 mm deep.
(c) Trenches less than 300 mm wide for irrigation pipe or electrical conduit, or
excavations less than 300 mm in diameter.
(d) Excavations parallel to the lane for the purpose of pavement widening or
reconstruction.
(e) Excavations protected by existing barrier or railing.
(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 3.6 meters of the
lane and such storage is not otherwise prohibited by the specifications.
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 4.5 meters 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 300 mm transversely to 3.0 meters longitudinally with respect to the
edge of the traffic lane. If the 4.5 meter minimum offset cannot be achieved, the temporary
railing shall be installed on the 10 to 1 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. 16 reinforcing steel bar near the top in lieu of
the 2 longitudinal No. 16 reinforcing steel bars near the top, as shown on the plans, may be used.
Temporary crash cushion modules shall conform 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) (kph) Work Areas
Over 72 Within 2 meters of a
traffic lane but not
on a traffic lane.
56 to 72 Within 1 meter of a
traffic lane but not
on a traffic lane.
i
The lane closure provisions of this section shall not apply if the work area is protected by
permanent or temporary railing or barrier.
23
1 .
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 3.0 meters 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, 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.
5-1.04 PAYROLL RECORDS
The provisions of Section 7-I.OIA(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 furnished for 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 and shall conform to the provisions in Section 8-1.04, "Progress
Schedule," of the Standard Specifications.
5-1.07 INCREASES AND DECREASES IN QUANTITIES
The provisions of Section 4-1.0313, "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:.
24
r
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 I", 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
July 0, known as Independence Day
First Monday in September, known as Labor Day
November 1 Ph, known as Veteran's Day
Fourth Thursday in November,known as Thanksgiving Day
The Friday after Thanksgiving Day
December 25th, 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 Agency-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.
No area is available within the contract limits for the exclusive use of the Contractor.
However, temporary storage of equipment and materials on State property may be arranged with
the Engineer, subject to the prior demands of State maintenance forces and to other contract
requirements. Use of the Contractor's work areas and other State-owned property shall be at the
Contractor's own risk, and the State shall not be held liable for damage to or loss of materials or
equipment located within such areas.
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 which are furnished but not
incorporated in the work.
25
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 the property on which the work was done, and contractor has complied with the "Final
Subcontracting Report SubmittalNerification of Performance Forms" section.of these special
provisions.
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,
concerning the 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 1 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 less which 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. i
26
(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.
(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 less 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.
27
(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 1 of the
Government Code. For purposes 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.
(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 judgment. 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.
28
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:
httj2://www.dir.ca.gov/DLSE/Debar.html.
5-1.15 CITY OF RICHMOND ENCROACHMENT PERMIT
Attention is direction to Section 7-1.04, "Permits and Licenses," of the Standard
Specifications and these special provisions.
The contractor-shall obtain an encroachment permit, for which the fee shall be waived, from
the City of Richmond for erecting construction area signs in Richmond and constructing the
southern portion of the project. The contractor shall also submit to the City of Richmond, and
receive their approval for, a traffic control plan. The contact person for the City of Richmond is:
Steven Tam, Senior Civil Engineer, (510) 307-8091, City of Richmond, Engineering
Division, 2566 Macdonald Avenue, Richmond, CA 94801.
In the event of any conflicts between the requirements of the encroachment permit and what
is shown on the plans or specified in the Standard Specifications and these special provisions, the
encroachment permit shall govern. No extension of time will be granted for work involved in
obtaining the contractor's encroachment permit or for doing the work covered by the original
permit.
Full compensation for obtaining necessary permits from the City of Richmond for
erecting construction area signs in the City of Richmond shall be considered as included in the
contract lump sum price paid for construction area signs and no separate payment will be made
therefor.
5-1.16 SOUND CONTROL REQUIREMENTS
Sound control shall conform 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 A m. and 7:00 a.m.
on weekdays and between 7:00 Am. and 9:00 a.m. on weekends and holidays, shall not exceed 86
dBa at a distance of 15 meters. This requirement in no way relieves the Contractor from
responsibility for complying with local ordinances regulating noise level.
Said noise level requirement shall apply to all equipment on the job or related to the job,
including but not limited to trucks, transit mixers or transient equipment that may or may not be
owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings
except those required by safety laws for the protection of personnel.
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.
29
5-1.17 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS
Attention is directed to the provisions in Sections 10262 and 10262.5 of the Public Contract
Code and Section 7108.5 of the Business and Professions Code concerning prompt payment to
subcontractors.
5-1.18 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 or
impair 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.
5-1.19 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.
5-1.20 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
SECTION 6. ADDITIONAL INSUREDS,WORKING DAYS, AND LIQUIDATED
DAMAGES
6-1.01 ADDITIONAL
In accordance with the, "INSURANCE REQUIREMENTS," and, "HOLD-HARMLESS AND
INDEMNIFICATION," sections contained in SECTION 3 of these special provisions the following
shall be named as additional insureds and shall be held harmless and indemnified:
State of California,City of Richmond
30
6-1.02 WORKING DAYS
In accordance with Section 44.01, "GENERAL," of these special provisions, the Contractor
will have 25 working days to complete the project.
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 sum of
$850.00 per day, for each and every calendar day delay in finishing the work in excess of the
number of working days prescribed above.
SECTION.7. (BLANK)
SECTION 8. MATERIALS
SECTION 8-1. MISCELLANEOUS
8-1.01 SUBSTITUTION OF NON-METRIC MATERIALS AND PRODUCTS
Only materials and products conforming to the requirements of the specifications-shall be
incorporated in the work. When metric materials and products are not available, and when
approved by the Engineer, and at no cost to the State, materials and products in the United States
Standard Measures which are of equal quality and of the required properties and characteristics
for the purpose intended, may be substituted for the equivalent metric materials and products,
subject to the following provisions:
A. Materials and products shown on the plans or in the special provisions as being
equivalent may be substituted for the metric materials and products specified or detailed
on the plans.
B. Before other non-metric materials and products will be considered for use, the Contractor
shall furnish, at the Contractor's expense, evidence satisfactory to the Engineer that the
materials .and products proposed for use are equal to or better than the materials and
products specified or detailed on the plans. The burden of proof as to the quality and
suitability of substitutions shall be upon the Contractor and the Contractor shall finnish
necessary information as required by the Engineer. The Engineer will be the sole judge
as to the quality and suitability of the substituted materials and products and the
Engineer's decision will be final.
C. When the Contractor elects to substitute non-metric materials and products, including
materials and products shown on the plans or in the special provisions as being
equivalent, the list of sources of material specified in Section 6-1.01, "Source of Supply
and Quality of Materials," of .the Standard Specification shall include a list of
substitutions to be made and contract items involved. In addition, for a change in design
or details, the Contractor shall submit plans and working drawings in conformance with
the provisions in Section 5-1.02, "Plans and Working Drawings," of the Standard
Specifications. The plans and working drawings shall be submitted at least 7 days before
the Contractor intends to begin the work involved.
Unless otherwise specified, the following substitutions of materials and products will be
allowed:
31
SUBSTITUTION TABLE FOR SIZES OF HIGH STRENGTH STEEL
FASTENERS
ASTM Designation: A 325M
METRIC SIZE SHOWN ON THE SIZE TO BE SUBSTITUTED
PLANS inch
mm x thread pitch
M16x2 5/8
M20 x 2.5 3/4
M22 x 2.5 7/8
M24x3 1
M27 x 3 1-1/8
M30 x 3.5 1-1/4
M36 x 4 1-1/2
SUBSTITUTION TABLE FOR PLAIN WIRE REINFORCEMENT
ASTM Designation: A 82
METRIC SIZE SHOWN ON THE SIZE TO BE SUBSTITUTED
PLANS inch x 100
2
mm
MW9 W1.4
MW10 W1.6
MW13 W2.0
MW 15 W2.3
MW19 W2.9
MW20 W3.1
MW22 W3.5
MW25 W3.9, except W3.5 in piles only
MW26 W4.0
MW30 W4.7
MW32 W5.0
MW35 W5.4
MW40 W6.2
MW45 W6.5
MW50 W7.8
MW55 W8.5, except W8.0 in piles only
MW60 W9.3
MW70 W 10.9, except W 11.0 in piles only
MW80 W12.4
MW90 W14.0
MW100 W15.5
32
SUBSTITUTION TABLE FOR BAR REINFORCEMENT
METRIC BAR DESIGNATION BAR DESIGNATION
NUMBER' SHOWN ON THE NUMBER2 TO BE SUBSTITUTED
PLANS
10 3
13 4
16 5
19 6
22 7
25 8
29 9
32 10
36 11
43 14
- 57 18
Bar designation numbers approximate the number of millimeters of the nominal
diameter of the bars.
2Bar numbers are based on the number of eighths of an inch included in the
nominal diameter of the bars.
No adjustment will be required in spacing or total number of reinforcing bars due
to a difference in minimum yield strength between metric and non-metric bars.
33
SUBSTITUTION TABLE FOR SIZES OF:
(1)STEEL FASTENERS FOR GENERAL APPLICATIONS(ASTM Designation: A 307 or AASHTO
Designation: M 314,Grade 36 or 55),and
2 HIGH STRENGTH STEEL FASTENERS(ASTM Designation: A 325 or A 449
METRIC SIZE SHOWN ON THE PLANS SIZE TO BE SUBSTITUTED
mm inch
6 or 6.35 1/4
8 or 7.94 5/16
10 or 9.52 3/8
11 or 11.11 7/16
13 or 12.70 1/2
14 or 14.29 9/16
16 or 15.88 5/8
19 or 19.05 3/4
22 or 22.22 7/8
24, 25, or 25.40 1
29 or 28.58 1-1/8
32 or 31.75 1-1/4
35 or 34.93 1-3/8
38 or 38.10 1-1/2
44 or 44.45 1-3/4
51 or 50.80 2
57 or 57.15 2-1/4
64 or 63.50 2-1/2
70 or 69.85 2-3/4
76 or 76.20 3
83 or 82.55 3-1/4
89 or 88.90 3-1/2
95 or 95.25 3-3/4
102 or 101.60 4
34
SUBSTITUTION TABLE FOR NOMINAL THICKNESS OF SHEET METAL
UNCOATED HOT AND COLD ROLLED HOT-DIPPED ZINC COATED SHEETS
SHEETS (GALVANIZED
METRIC THICKNESS GAGE TO BE METRIC THICKNESS GAGE TO BE
SHOWN ON THE SUBSTITUTED SHOWN ON THE SUBSTITUTED
PLANS inch PLANS inch
mm mm
7.94 0.3125 4.270 0.1681
6.07 0.2391 3.891 0.1532
5.69 0.2242 3.510 0.1382
5.31 0.2092 3.132 0.1233
4.94 0.1943 2.753 0.1084
4.55 0.1793 2.372 0.0934
4.18 0.1644 1.994 0.0785
3.80- 0.1495 1.803 0.0710
3.42 -. -0.1345 1.613 0.0635
3.04 0.1196 1.461 0.0575
2.66 0.1046 1.311 0.0516
2.28 0.0897 1.158 0.0456
1.90 0.0747 1.006 or 1.016 0.0396
1.71 0.0673 0.930 0.0366
1.52 0.0598 0.853 0.0336
1.37 0.0538 0.777 0.0306
1.21 0.0478 0.701 0.0276
1.06 0.0418 0.627 0.0247
0.91 0.0359 0.551 0.0217
0.84 0.0329 0.513 0.0202
0.76 0.0299 0.475 0.0187
0.68 0.0269 -------- --------
0.61 0.0239 -------- --------
0.53 0.0209
-------- --------
0.45 0.0179 -------- --------
0.42 0.0164 -------- --------
0.38 0.0149 -------- --------
35
SUBSTITUTION TABLE FOR
WIRE
METRIC THICKNESS WIRE THICKNESS
SHOWN ON THE TO BE SUBSTITUTED GAGE NO.
PLANS inch
mm
6.20 0.244 3
5.72 0.225 4
5.26 0.207 5
4.88 0.192 6
4.50 0.177 7
4.11 0.162 8
3.76 0.148 9
3.43 0.135 10
3.05 0.120 11
2.69 0.106 12
2.34 0.092 13
2.03 0.080 14
1.83 0.072 15
1.57 0.062 16
1.37 0.054 17
1.22 0.048 18
1.04 0.041 19
0.89 0.035 20
36
SUBSTITUTION TABLE FOR PIPE
PILES
METRIC SIZE SIZE
SHOWN ON THE TO BE SUBSTITUTED
PLANS inch x inch
mm x mm
PP 360 x 4.55 NPS 14 x 0.179
PP 360 x 6.35 NPS 14 x 0.250
PP 360 x 9.53 NPS 14 x 0.375
PP 360 x 11.12 NPS 14 x 0.438
PP 406 x 12.70 NPS 16 x 0.500
PP 460 x T NPS 18 x T"
PP 508 x T NPS 20 x T"
PP 559 x T NPS 22 x T"
PP610xT NPS 24xT"
PP 660 x T NPS 26 x T"
PP 711xT NPS 28xT"
PP 762 x T NPS 30 x T"
PP 813xT NPS 32xT"
PP 864 x T NPS 34 x T"
PP914xT NPS 36xT"
PP 965 x T NPS 38 x T"
PP 1016xT NPS 40xT"
PP 1067 x T NPS 42 x T"
PP 1118xT NPS 44xT"
PP 1219xT NPS 48xT"
�-PP 1524 x T NPS 60 x T"
The thickness in millimeters (T) represents an exact conversion
of the thickness in inches(T").
SUBSTITUTION TABLE FOR STRUCTURAL TIMBER
AND LUMBER
METRIC MINIMUM METRIC MINIMUM NOMINAL
DRESSED DRY, DRESSED GREEN, SIZE
SHOWN ON THE SHOWN ON THE TO BE SUBSTITUTED
PLANS PLANS inch x inch
mmxmm nim xmm
19x89 20x90 1x4
38x89 40x90 2x4
64x89 65x90 3x4
89x89 90x90 4x4
140x140 143x143 6x6
140x184 143x190 6x8
184x184 190x190 8x8
235x235 241x241 10x10
286x286 292x292 12x12
37
SUBSTITUTION TABLE FOR NAILS AND SPIKES
METRIC COMMON METRIC BOX NAIL, METRIC SPIKE, SIZE
NAIL, SHOWN ON THE SHOWN ON TO BE
SHOWN ON THE PLANS THE SUBSTITUTED
PLANS PLANS Penny-weight
Length, mm Length, mm
Length, mm Diameter, mm Diameter, mm
Diameter, mm
50.80 50.80 6d
2.87 2.51
63.50 63.50 8d
3.33 2.87
76.20 76.20 76.20 10d
3.76 3.25 4.88
82.55 - 82.55 82.55 12d
3.76 3.25 4.88
88.90 88.90 88.90 16d
4.11 3.43 5.26
101.60 101.60 101.60 20d
4.88 3.76 5.72
114.30 114.30 114.30 30d
5.26 3.76 6.20
127.00 127.00 127.00 40d
5.72 4.11 6.68
139.70 50d
7.19
152.40 60d
7.19
38
SUBSTITUTION TABLE FOR IRRIGATION
COMPONENTS
METRIC NOMINAL
WATER METERS, SIZE
TRUCK LOADING TO BE SUBSTITUTED
STANDPIPES,
VALVES, BACKFLOW
PREVENTERS, FLOW
SENSORS, WYE
STRAINERS, FILTER
ASSEMBLY UNITS,
PIPE SUPPLY LINES,
AND PIPE
IRRIGATION SUPPLY
_ LINES
SHOWN ON THE inch
PLANS
DIAMETER NOMINAL
(DN) mm
15 1/2
20 3/4
25 1
32 1-1/4
40 1-1/2
50 2
65 2-1/2
75 3
100 4
150 6
200 8
250 10
300 12
350 14
400 16
Unless otherwise specified, substitutions of United States Standard Measures standard
structural shapes corresponding to the metric designations shown on the plans and in
conformance with the requirements in ASTM Designation: A 6/A 6M, Annex 2, will be
allowed.
8-1.02 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.
39
. I I
For those categories of materials included in the list of Prequalified and Tested Signing and
Delineation Materials, only those products shown within the listing may be used in the work.
Other categories of products, not included in 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 perform.
PAVEMENT MARKERS, PERMANENT TYPE
Retroreflective
A. Apex, Model 921 (100 mm x 100 mm)
B. Ray-O-Lite, Models SS (100 mm x 100 mm), RS (100 mm x 100 mm) and AA (100 mm
x 100 mm)
C. Stimsonite, Models 88 (100 mm x 100 mm), 911 (100 mm x 100 mm), 953 (70 mm x
114 mm)
D. 3M Series 290 (89 mm x 100 mm)
Retroreflective With Abrasion Resistant Surface (ARS)
A. Apex, Model 921AR(100 mm x 100 mm)
B. Ray-O-Lite "AA" ARS (100 mm x 100 mm)
C. Stimsonite, Models 911 (100 mm x 100 mm), 953 (70 mm x 114 mm)
D. 3M Series 290 (89 mm x 100 mm)
Retroreflective With Abrasion Resistant Surface (ARS)
(Used for recessed applications)
A. Stimsonite, Model 948 (58 mm x 119 mm)
B. Ray-O-Lite, Model 2002(58 mm x 117 mm)
C. Stimsonite, Model 944SB (51 mm x 100 mm)*
D. Ray--O-Lite, Model 2004 ARS (51 mm x 100 mm)*
*For use only in 114 mm wide(older) recessed slots
Non-Reflective For Use With Epoxy Adhesive, 100 mm Round
A. Apex Universal (Ceramic)
B. Highway Ceramics, Inc. (Ceramic)
Non-Reflective For Use With Bitumen Adhesive, 100 mm Round
A. Alpine Products, "D-Dot" and "ANR" (ABS)
B. Apex Universal (Ceramic)
C. Apex Universal, Model 929 (ABS)
D. Elgin Molded Plastics, "Empco-Lite" Model 900 (ABS)
E. Highway Ceramics, Inc. (Ceramic)
F. Hi-Way Safety, Inc., Models P20-2000W and 2001Y (ABS)
G. Interstate Sales, "Diamond Back" (ABS) and (Polypropylene)
H. Novabrite Models Adot-w(White) Adot-y (Yellow), (ABS)
40
I. Road Creations, Model RCB4NR(Acrylic)
J. Zumar Industries, "Titan TM40A" (ABS)
PAVEMENT MARKERS,TEMPORARY TYPE
Temporary Markers For Long Term Day/Night Use (6 months or less)
A. Apex Universal, Model 924 (100 mm x 100 mm)
B. Elgin Molded Plastics, "Empco-Lite" Model 901 (100 mm x 100 mm)
C. Road Creations,Model R41C (100 mm x 100 mm)
D. Vega Molded Products "Temporary Road Marker" (75 mm x 100 mm)
r
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. Davidson Plastics, Models T.O.M., 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)
A. Advanced Traffic Marking, Series 200
B. Brite-Line, Series 100
C. P.B. Laminations, Aztec, Grade 102
D. Swarco Industries, "Director-2"
E. 3M, "Stamark," Series.620
F. 3M Series A145 Removable Black Line Mask
(Black Tape: For use only on Asphalt Concrete Surfaces)
G. Advanced Traffic Marking Black "Hide-A-Line"
(Black Tape: For use only on Asphalt Concrete Surfaces)
H. Brite-Line "BTR" Black Removable Tape
(Black Tape: For use only on Asphalt Concrete Surfaces)
Preformed Thermoplastic (Heated in place)
A. Flint Trading, "Premark" and "Premark 20/20 Flex"
B. Pavemark, "Hotape"
Removable Traffic Paint
A. Belpro, Series 250/252 and No. 93 Remover
a
Ceramic Surfacing Laminate, 150 mm x 150 mm
A. Safeline Industries/Highway Ceramics, Inc.
41
CLASS 1 DELINEATORS
One Piece Driveable Flexible Type, 1700 mm
A. Carsonite, Curve-Flex CFRM-400
B. Carsonite, Roadmarker CRM-3.75
C. Davidson Plastics, "Flexi-Guide Models 400 and 566"
D. FlexStake, Model 654 TM
E. GreenLine Models HWD 1-66 and CGD 1-66
F. J. Miller Industries, Model JMI-375 (with soil anchor)
Special Use Flexible Type, 1700 mm
A. Carsonite, "Survivor" (with 450 mm U-Channel base)
B. F1exStake,Model 604
C. GreenLine Models HWD and CGD (with 450 mm U-Channel base)
D. Safe-Hit with 200 mm pavement anchor (SH248-GPI)
E. Safe-Hit with 380 mm soil anchor (SH248-GP2) and with 450 mm soil anchor
(SH248-GP3)
Surface Mount Flexible Type, 1200 mm
A. Bent Manufacturing Company, Masterflex Model MF-180EX-48
B. Carsonite, "Super Duck 11"
C. F1exStake, Surface Mount, Models 704 and 754 TM
CHANNELIZERS
Surface Mount Type,900 mm
A. Bent Manufacturing Company, Masterflex Models MF-360-36 (Round) and MF-180-36
(Flat)
B. Carsonite, "Super Duck" (Flat SDF-436, Round SDR-336)
C. Carsonite, "Super Duck II" Model SDCF20360IMB "The Channelizer"
D. Davidson Plastics, Flex-Guide Models FG300LD and FG300UR
E. F1exStake, Surface Mount, Models 703 and 753 TM
F. GreenLine, Model SMD-36
G. Hi-Way Safety, Inc. "Channel Guide Channelizer".Model CGC36
H. The Line Connection, "Dura-Post" Model DP36-3 (Permanent)
I. The Line Connection, "Dura-Post" Model DP36-3C (Temporary)
J. Repo, Models 300 and 400
K. Safe-Hit, Guide Post, Model SH236SMA
CONICAL DELINEATORS, 1070 mm
(For 700 mm Traffic Cones, see Standard Specifications)
A. Bent Manufacturing Company '.'T-Top"
B. Plastic Safety Systems "Navigator-42"
C. Roadmaker Company "Stacker"
D. TrafFix Devices "Grabber"
OBJECT MARKERS s
Type "K",450 mm
A. Carsonite, Model SMD-615
42
B. F1exStake, Model 701 KM
C. Repo, Models 300 and 400
D. Safe-Hit, Model SH718SMA
E. The Line Connection, Model DP21-4K
Type "K-4" / "Q" Object Markers, 600 mm
A. Bent Manufacturing "Masterflex" Model MF-360-24
B. Carsonite, Super Duck II
C. F1exStake, Model 701 KM
D. Repo, Models 300 and 400
E. Safe-Hit, Models SH8 24SMA_WA and SH8 24GP3_WA
F. The Line Connection, Model DP21-4Q
TEMPORARY RAILING (TYPE K) REFLECTORS AND CONCRETE BARRIER
MARKERS _
Impactable Type
A. ARTUK, "FB"
B. Davidson Plastics, Model PCBM-12
C. Duraflex Corp., "Flexx 2020" and "Electriflexx"
D. Hi-Way Safety, Inc., Model GMKRM100
Non-Impactable Type
A. ARTUK, JD Series
B. Stimsonite, Model 967 (with 83 nun Acrylic cube corner reflector)
C. Stimsonite, Model 967LS
D. Vega Molded Products, Models GBM and JD
THRIE BEAM BARRIER MARKERS
(For use to the left of traffic)
A. Duraflex Corp.,"Railrider"
B. Davidson Plastics, "Mini" (75 mm x 254 mm)
CONCRETE BARRIER DELINEATORS,400 mm
(For use to the right of traffic. When mounted on top of barrier, places top of reflective
element at 1200 mm)
A. Davidson Plastics, Model PCBM T-16
B. Safe-Hit, Model SH216RBM
C. Sun-Lab Technology, "Safety Guide Light, Model TM," 130 mm x 130 mm x 80 mm
CONCRETE BARRIER-MOUNTED MINI-DRUM (260 mm x 360 mm x 570 mm)
A. Stinson Equipment Company "SaddleMarker"
SOUND WALL DELINEATOR
(Applied vertically. Place top of 75 mm x 300 mm reflective element at 1200 mm above
roadway)
A. Davidson Plastics, PCBM S-36
B. Sun-Lab Technology, "Safety Guide Light, Model SM12," 130 mm x 130 mm x 80 mm
43
GUARD RAILING DELINEATOR
(Top of reflective element at 1200 mm above plane of roadway)
Wood Post Type,686 mm
A. Carsonite, Model 427
B. Davidson Plastics FG 427 and FG 527
C. FlexStake, Model 102 GR
D. GreenLine GRD 27
E. J.Miller Model JMI-375G
F. Safe-Hit, Model SH227GRD
Steel Post Type
A. Carsonite, Model CFGR-327 with CFGRBK300 Mounting Bracket
RETROREFLECTIVE SHEETING
Channelizers,Barrier Markers, and Delineators
A. 3M, High Intensity
B. Reflexite, PC-
1000 Metalized Polycarbonate
C. Reflexite, AC-1000 Acrylic
D. Reflexite, AP-1000 Metalized Polyester
E. Reflexite, AR-1000 Abrasion Resistant Coating
F. Avery Dennison T-6500 Series (Formerly Stimsonite, Series 6200) (For rigid substrate
devices only)
Traffic Cones,330 mm Sleeves
A. Reflexite SB (Polyester), Vinyl or "TR" (Semi-transparent)
Traffic Cones, 100 mm and 150 mm Sleeves
A. 3M Series 3840
B. Reflexite Vinyl, "TR" (Semi-transparent) or "Conformalite"
Barrels and Drums
A. Reflexite, "Super High Intensity" or "High Impact Drum Sheeting"
B. 3M Series 3810
Barricades: Type I, Engineer Grade
A. American Decal, Adcolite
B. Avery Dennison, T-1500 and T-1600
C. 3M, Scotchlite, Series CW
Barricades: Type II, Super Engineer Grade
A. Avery Dennison, T-2500 Series
B. Kiwalite Type II
C. Nikkalite 1800 Series
Signs: Type II, Super Engineer Grade
A. Avery Dennison, T-2500 Series
B. Kiwalite, Type II
44
C. Nikkalite 1800 Series
Signs: Type III, High-Intensity Grade
A. 3M Series 3800
B. Nippon Carbide,Nikkalite Brand Ultralite Grade II
Signs: Type IV, High-Intensity Prismatic Grade
A. Avery Dennison T-6500 (Formerly Stimsonite Series 6200)
Signs: Type VII,High-Intensity Prismatic Grade
A. 3M Series 3900
Signs: Type VI,Roll-Up Signs
A. Reflexite, Vinyl (Orange)
B. Reflexite "SuperBright" (Fluorescent orange)
C. Reflexite "Marathon" (Fluorescent orange)
D. 3M Series RS34 (Orange) and RS20 (Fluorescent orange)
SPECIALTY SIGN (All Plastic)
A. All Sign Products, STOP Sign, 750 mm
SIGN SUBSTRATE FOR CONSTRUCTION AREA SIGNS
Aluminum
Fiberglass Reinforced Plastic (FRP)
A. Sequentia, "Polyplate"
B. Fiber-Brite
8-1.03 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 1557 T 180
231 D 2922(a) T238 (a)
203 D 422 T88
204 D 4318 T 89 &T 90
504 C 231 T 152
518 C 138 T 121
521 C39 T 22
523 C392 &C78 T177 &T97
533 C 360 -- '
211 C 131 &C535 T96
45
. c
Note:
(a) When ASTM Designation: D 2922 or AASHTO Designation: T 238 is used,the frequency
and areal 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.
8-1.04 QUALITY CONTROL TESTING
The Contractor's attention is directed to Section 6-3.02, "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 other provisions of the Standard Specifications and these special
provisions.
SECTION 9. DESCRIPTION OF WORK
The work to be done generally consists of pavement widening, minor pavement failure repair,
concrete curb, concrete ditch, asphalt concrete dike, flow diverters, pipe culvert extension, and
striping, 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
-1. GENERAL
SECTION 10
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.
Several items of work within the project will require an encroachment permit from the City
of Richmond. Attention is directed to Section 5-1.15 "Encroachment Permit City of
Richmond."
The Contractor shall notify the Engineer at least two (2) days in advance of traffic striping
layout operations. The Engineer most approve striping layout (cat-tracking) prior to striping
operation.
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 and coordinate activities pertaining
to the contract operations, including traffic control and public notifications.
a
46
10-1.02 WATER POLLUTION CONTROL
Water pollution control work shall conform to the provisions in Section 7-1.01G, "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 (SWPPP) 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 Engineer, may be retained by the Agency until
disposition has been made of the costs and liabilities.
The retention of money due the Contractor shall be subject to the following:
A. The Agency will give the Contractor 30 days notice of the Agency's intention to retain
funds from partial payments which may become due to the Contractor prior to acceptance
of the contract. Retention of funds from payments made after acceptance of the contract
may be made without prior notice to the Contractor.
B. 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.
C. If the Agency has retained funds and it is subsequently determined that the Agency is not
subject to the costs and liabilities in connection with the matter for which the retention
was made, the Department shall be liable for interest on the amount retained at the legal
rate of interest for the period of the retention.
.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.
47
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.
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.
The Contractor shall implement, year-round and throughout the duration of the project,
control measures for tracking control, wind erosion control, non-storm water control, and waste
management and material pollution control.
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.
If the Contractor or the Engineer identifies a deficiency in the deployment or functioning of
an identified control measure,the deficiency shall be corrected immediately.
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.
48
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 and water pollution is adequately controlled, as
determined by the Engineer.
10-1.03 PRESERVATION OF PROPERTY
Attention is directed to the provisions in Section 7-1.11, "Preservation of Property,' of the
Standard Specifications and these special provisions.
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 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 date that the Agency accepts the contract as
complete. Typical tree restoration requires tress 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 additions, the
Contractor shall post a security cash bond in the amount of$7,000 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.
10-1.04 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.
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.
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 1-800-642-2444 i
California(USA) 1-800-227-2600
49
10-1.06 DUST CONTROL
Dust control shall conform to the provisions in Section 10, "Dust Control," of the Standard
Specifications.
10-1.07 MOBILIZATION
Mobilization shall conform to the provisions in Section 11, "Mobilization," of the Standard
Specifications.
10-1.08 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 flaggers, shall be considered as
included in the contract price paid for traffic control system and no separate payment will be made
therefor.
10-1.09 CONSTRUCTION AREA SIGNS
Construction area 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-Northem. 1-800-642-2444
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.
10-1.10 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.
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Personal vehicles of the Contractor's employees shall not be parked on the traveled way or
shoulders including any section closed to public traffic.
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.
Whenever vehicles or equipment are parked on the shoulder within 1.8 m 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
7.5 in intervals to a point not less than 7.5 in 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.
The full 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: -January 1 st, the third Monday in February, the last Monday in
May, July 4th, the first Monday in September, November 11th, Thanksgiving Day, and
December 25th. When a designated legal holiday falls on a Sunday, the following Monday shall
be a designated legal holiday. When November 11th falls on a Saturday, the preceding Friday
shall be a designated legal holiday.
Minor deviations from the requirements of this section concerning hours of 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. All other modifications will be made by contract change
order.
10-1.11 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.
The provisions in this section will not relieve the Contractor from the responsibility to
provide additional.devices or take measures as may be necessary to comply with the provisions
in Section 7-1.09, "Public Safety," 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 immediately
repair the components to the original condition or replace the components and shall restore the
components to the original location.
When lane 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 designated
by the Engineer within the limits of the highway right of way.
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,
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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.
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.
Traffic control system required by work which is classed as extra work, as provided in
Section 4-1.031) of the Standard Specifications, will be paid for as a part of the extra work.
10-1.12 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.
10-1.13 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
10-1.13A REMOVE TRAFFIC STRIPE AND PAVEMENT MARKING
Traffic stripes and pavement markings to be removed shall be removed at the locations
shown on the plans and at the locations designated by the Engineer.
Nothing in these special provisions shall relieve the Contractor from the Contractor's
responsibilities as provided in Section 7-1.09, "Public Safety," of the Standard Specifications.
The contract unit price paid for removing traffic stripe and pavement marking shall include
full compensation for furnishing all labor, materials, tools, equipments and incidentals and for
doing all work involved in remove traffic stripe and pavement marking, complete in place, as
specified in the Standard Specifications and these special provisions, and as directed by the
Engineer.
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10-1.13B REMOVE ASPHALT CONCRETE DIKE
Existing asphalt concrete dike, where shown on the plans to be removed, shall be removed.
Prior to removing the dike, the outside edge of the asphalt concrete to remain in place shall
be cut on a neat line to a minimum depth of 50 mm.
The dike shall be removed in such a manner that the surfacing which is to remain in place is
not damaged.
The dike shall be disposed of outside the highway right of way in conformance with the
provisions in Section 7-1.13 of the Standard Specifications.
Full compensation for removing asphalt concrete dike as designated on the plans, shall be
considered as included in the contract price paid for clearing and grubbing and no separate
payment will be made therefor.
10-1.13C 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.
The contract unit price paid for relocate roadside sign shall include full compensation for
furnishing all labor, materials, tools, equipment and incidentals and for doing all work involved
in relocate roadside sign, complete in place, as specified in the Standard Specifications and
these special provisions, and as directed by the Engineer.
10-1.131) REMOVE CONCRETE
Concrete, designated on the plans to be removed, shall be removed and disposed of.
Removed concrete shall be disposed of outside the highway right of way in accordance
with the provisions in Section 7-1.13, "Disposal of Material Outside of the Highway Right of
Way,"of the Standard Specifications.
Full compensation for removing portions of curb, gutter, and ditch, as designated on the
plans, shall be considered as included in the contract price paid for clearing and grubbing and no
separate payment will be made therefore.
10-1.13E PAVEMENT FAILURE REPAIR.
This work shall consist of removing existing asphalt concrete pavement and underlying base
rock and replacing the removed roadway section with new asphalt concrete as shown on the plans
and in accordance with Section 39, "Asphalt Concrete," of the Standard Specifications and these
special provisions.
The exact limits of roadway section to be removed and replaced will be determined by the
Engineer. The minimum width of roadway section to be removed shall not be less than 1.2 meters.
Existing roadway section removed during a work period shall be replaced before the time the
lane is to be opened to public traffic as designated in "Maintaining Traffic" of these special
provisions.
The roadway section to be removed shall be ground with a milling machine capable of cutting to
a neat line. The roadway section shall be removed without damage to pavement that is to remain in
place. Damage to pavement which is to remain in place shall be repaired to a condition satisfactory
to the Engineer, or the damaged pavement shall be removed and replaced with new asphalt concrete i
if ordered by the Engineer. Repairing or removing and replacing pavement damaged outside the
limits of pavement to be reconstructed shall be at the Contractor's expense.
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Removed materials shall be disposed of outside the highway right of way in accordance with the
provisions in Section 7-1.13 of the Standard Specifications.
The material remaining in place, after removing failed pavement and base rock to the required
depth, shall be graded to a plane, watered, and compacted. The finished surface of the remaining
material shall not extend above the grade established by the Engineer.
Areas where the grade is low as a result of over excavation shall be filled, at the Contractor's
expense,with asphalt concrete.
Asphalt concrete shall conform to the provisions for asphalt concrete in "Asphalt Concrete" of
these special provisions except for payment.
A paint binder (tack coat) of asphalt emulsion shall be furnished and applied to all vertical
surfaces of the pavement failure repair.
The quantity of pavement failure repair to be paid for will be measured by the square meter. The
area to be paid for will be calculated on the basis of the dimensions laid out in the field by the
Engineer.
The contract price paid per square meter for pavement failure repair shall include full
compensation for furnishing all labor, materials (including asphalt concrete and asphaltic emulsion
as paint binder), tools, equipment, and incidentals, and for doing all the work involved in pavement
failure repair complete in place, as shown on the plans, as specified in the Standard Specifications
and these special provisions, and as directed by the Engineer.
10-1.14 ADJUSTING UTILITIES TO GRADE
Where shown on the plans to be adjusted, or as directed by the Engineer, existing utilities shall
be adjusted to final grade. 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
300 kg of portland cement per cubic meter and shall conform to the provisions in Section 51,
"Concrete Structures," of the Standard Specifications.- The combined aggregate grading shall be the
25-mm. 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.
Precast concrete elements shall conform to the provisions in Section 70-1.021-1, "Precast
Concrete Structures," 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.
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SURVEY MONUMENTS--Adjusting monuments to grade shall include adjustment of
covers, frames, and, if necessary, monument cores in accordance with County Standard Plan
CC 105. The use of extension rings will not be allowed. Covers and frames shall be
removed and replaced with new covers and frames. The covers and frames shall be Forni
Corporation (Ironsides), American Brass and Iron Foundry, Monroe Casting Products, or
equal,as approved by the Engineer. If the use of a cover and frame other than those listed is
proposed, the Contractor shall submit information on the alternative at the pre-construction
conference. Covers shall be marked "MONUMENT," shall be non-rocking, and shall be
designed for a wheel load of 7,275 kg.
The Contractor shall notify the Engineer at least four working days in advance of
commencing adjustment work in order to arrange for establishment of reference points. The
Contractor shall coordinate the work with that of the County's survey crew.
The Contractor shall exercise caution when adjusting monuments, covers, and frames. All
costs associated with resetting monuments, covers, and frames disturbed or damaged by the
Contractor, or due to failure to properly notify the Engineer of adjustment work, will be
deducted from moneys due the Contractor.
If it is necessary to remove concrete from around a survey monument to permit adjustment
of the frame, the concrete may be replaced with asphalt concrete. However, the monument
frame shall bear on a firm concrete base.
The contract unit prices paid for adjusting utilities to grade 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 installing steps, 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.
10-1.15 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.
At locations where there is no grading adjacent to a bridge or other structure, clearing and
grubbing of vegetation shall be limited to 1.5 meters outside the physical limits-of the bridge or
structure.
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 5.5 meters of clearance over roadways and 2.5 meters of clearance over
sidewalks or walkways. All roots exposed in trench and roadway excavation shall be cut neatly 4
at the excavation line in accordance with recognized standards of good arboricultural practices.
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The provisions of the last paragraph of Section 16-1.03, "Construction," of the Standard
Specifications are amended to also include the trimming of roots of trees and shrubs that are to
be left in.place.
10-1.16 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:
pH > 5.5 > 7.3 2
Water Soluble Sulfate 3 < 0.2%
Resistivity(R) > 3000 ohm cm 2
1 Per California Test 532&643.
2 For backfill around metal pipe/conduit.
3 Reported as SO,.
Surplus excavated 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 50 mm
before removing the surfacing. Full compensation for sawcutting the existing surfacing shall be
considered as included in the. contract price paid per cubic meter for roadway excavation and no
additional compensation will be allowed therefor.
10-1.17 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 shall be Type .A conforming to the grading for the 19-mm maximum, medium
grading.
Paint binder(tack coat) shall be RS-1 asphaltic emulsion. Paint binder used as a tack coat shall
be applied at a rate of 0.32 liters per square meter. „
Asphalt concrete placed in the top layer of the surfacing shall be obtained from only one asphalt
plant.
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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.
Asphalt concrete placed in layers less than 38 mm in compacted thickness or widths of less
than 1.5m shall be spread and compacted with the equipment and by the methods specified in
Section 39, "Asphalt Concrete," of the Standard Specifications. All other asphalt concrete shall
be spread and compacted in conformance with said Section 39, amended as follows:
Section 39-5.02, "Compacting Equipment," of the Standard Specifications is amended to
read:
The Contractor shall furnish sufficient rolling equipment to obtain the compaction and
surface finish required by-these specifications. As a minimum, one roller shall be a
pneumatic roller as described in Section 39-5.02, "Compacting, Equipment," of the
Standard Specifications.
. All rollers shall be equipped with pads and water systems which prevent sticking of
asphalt mixtures to the pneumatic or steel-tired wheels. A parting agent, which will not
damage the asphalt mixture, as determined by the Engineer, may be used to aid in
preventing the sticking of the mixture to the wheels.
Asphalt concrete shall be spread with an asphalt paver and shall be compacted by any
means to obtain the specified density and surface finish to the lines, grades and cross section
shown on the plans.
The last paragraph of said Section 39-6.01 is amended to read:
At locations where the asphalt concrete is to be placed over areas inaccessible to an
asphalt paver, the.asphalt concrete shall be spread by any means that will obtain the
specified results and shall be compacted to the specified density and to the required lines,
grades and cross sections.
Section 39-6.03, "Compacting," of the Standard Specifications is amended by deleting the
fifth and the seventh through tenth paragraphs and adding the following before the eleventh
paragraph:
At a minimum, the Contractor's compactive effort shall include compaction by the
pneumatic tired roller as described in the following paragraph.
The initial or breakdown compaction shall be followed immediately by additional
rolling consisting of 3 coverages with a pneumatic tired roller. Coverages with a pneumatic-
tired roller shall start when the temperature of mixture is as high as practicable, preferably
above 80°C, and shall be completed while the temperature of the mixture is at or above
65°C.
Asphalt concrete shall be compacted to a relative compaction of not less than 92 percent.
Relative compaction shall be based on comparison to the maximum theoretical asphalt
concrete density(Rice gravity)using test method ASTM 2041-91. In place asphalt concrete
57
I
densities will be determined using cores taken from the pavement using California Tests 304
and 308. Lot and test site selection will be determined by the Engineer.
Any lot of asphalt concrete that has relative compaction of less than 91.5 percent shall
be removed and replaced by the Contractor at no cost to the agency. If requested in writing
by the Contractor, a lot with a relative compaction of 89.0 percent or greater may be
accepted on the basis of a reduced payment.
The Engineer will provide monitoring of the compaction process using a Troxler nuclear
thin layer density gauge. If any lot tested indicates a relative compaction below 92 percent,
the Contractor will be advised that he is not attaining the desired relative compaction and
that his materials or his procedures, or both,need adjustment.
Section 39-8.02, "Payment," of the Standard Specifications is amended by adding the
following after the first paragraph:
Asphalt concrete in a lot that is accepted on the basis of reduced payment will be paid
for at the contract prices for the.items of asphalt concrete involved multiplied by the
following factors:
Relative Compaction Pay Factor
91.5 and above . 1.000
91.0 to 91.4 0.950
90.5 to 90.9 0.900
90.0 to 90.4 0.850
89.5 to 89.9 0.800
89.0 to 89.4 0.750
Asphalt concrete leveling as directed by the Engineer will be measured and paid for as asphalt
concrete.
10-1.17A ASPHALT CONCRETE DIKE
Aggregate for asphalt concrete dikes shall conform to the' 9.5 mm maximum grading as,
specified in Section 39-2.02, "Aggregate," of the Standard Specifications.
The amount of asphalt binder used in asphalt concrete placed in dikes shall be increased one
percent by mass of the aggregate over the amount of asphalt binder determined for use in asphalt
concrete placed on the traveled way.
Full compensation for furnishing the asphalt concrete to construct the asphalt concrete dike shall
be considered as included in the contract price paid per meter for the various types of asphalt
concrete dike and no separate payment will be made therefor.
10-1.18 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:
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1. The maximum size of aggregate used for miscellaneous concrete construction shall
be 25mm.
Conforms with existing concrete shall be sawcut. After sawcutting, concrete shall be cleaned.
The concrete may be cleaned by abrasive blast cleaning or other methods approved by the Engineer.
Repairs shall be made by removing and replacing the entire unit between joints.
Full compensation for sawcutting 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.
If this contract includes a separate pay item for aggregate base or aggregate subbase, the
quantities of aggregate base 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 subbase,the
quantities of aggregate base or aggregate subbase placed under minor concrete will not be
measured. Full compensation for furnishing,.placing and compacting aggregate base and aggregate
subbase shall be considered-as included in the contract prices paid for minor concrete and no
separate payment will be made therefor.
When constructing new curb, sidewalk or driveway adjacent to existing curb, sidewalk or
driveway, the Contractor shall dowel the existing concrete to the new concrete with No. 4
reinforcing bars. -Two No. 4 bars shall be used to dowel new curb to existing curb, otherwise No. 4
bars shall be spaced at 4 foot maximum intervals in doweling new and existing concrete.
Embedment shall be 150mm 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 150mm behind the face of curb.
Curbs shall include curb transitions and depressions along driveways and curb ramps.
Driveways and curb ramps 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 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 73-1.08, "Payment," of the
Standard Specifications, measurement and payment for miscellaneous concrete construction will be
made in units as specified in the bid proposal.
10-1.19 CORRUGATED METAL PIPE
Corrugated metal pipe culverts shall conform to the provisions in Section 66, "Corrugated Metal
Pipe," of the Standard Specifications and these special provisions.
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10-1.20 REDWOOD FLOW DIVERTERS
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Construction of redwood flow diverters shall be furnished and installed in accordance with
the plans and these special provisions.
The contract price paid per redwood flow diverter shall include full compensation for
furnishing all labor, materials, tools, equipment and incidentals for doing all the work involved
in constructing the redwood flow diverters, complete in place, as shown in the plans, as specified
in these specifications and special provisions, and as directed by the Engineer.
Excavating, regrading, and compacting between redwood flow diverters will be measured
and paid for as earthwork.
10-1.21 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.
Wood posts shall be pressure treated after fabrication in"conformance with the provisions in
Section 58, "Preservative Treatment of Lumber, Timber and Piling," of the Standard
Specifications with creosote, creosote coal tar solution, creosote petroleum solution (50-50),
pentachlorophenol in hydrocarbon solvent, copper naphthenate, ammoniacal copper arsenate, or
ammoniacal copper zinc arsenate. In addition to the preservatives listed above, Southern yellow
pine may also be pressure treated with chromated copper arsenate. When other than one of the
creosote processes is used, blocks shall have a minimum retention of 6.4 kg/m3, and need not be
incised.
10-1.22 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 materials shall be applied by extrusion methods in a single uniform layer.
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 meter 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 meters even though it consists of 400 meters of stripe).
Section 84-2.06, "Payment," of the Standard Specifications is amended to read:
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The contract prices paid per meter for thermoplastic stripe details designated in the
Engineer's Estimate and per square meter for thermoplastic pavement markings shall
include full 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.
Section 84-3.02, "Materials," of the Standard Specifications is amended by the following:
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Paint for traffic stripes and pavement markings shall conform to the Bay Area Air Quality
Management District's rule for low VOC (volatile organic compounds) traffic paint.
Glass beads shall conform to State Specification No. 8010-51 J-22 Type II.
Section 84-3.05, "Application," of the Standard Specifications is amended by the following:
The first, third and tenth paragraphs of Section 84-3.05, "Application," of the Standard
Specifications are deleted.
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 16° C, 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 16°C temperature during the drying period.
Paint to be applied in 2 coats shall be applied at the approximate rate of one liter per six
square meters for each coat.
The first paragraph of Section 84-3.06, "Measurement," of the Standard Specifications is
amended to read: -
Painted traffic stripes will be measured by the meter 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 meters even though it consists of 400 meters of stripe). Painted
pavement markings will be measured by the square meter for the actual area painted.
Section 84-3.07, "Payment" of the Standard Specifications is amended to read:
The contract prices paid per meter for paint traffic stripe details designated in the
Engineer's Estimate and per square meter for paint pavement markings shall include full
compensation for furnishing 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.
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