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HomeMy WebLinkAboutMINUTES - 05042004 - C1-C4 TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU,PUBLIC WORKS DIRECTOR DATE: May 4, 2004 SUBJECT: APPROVE the plans and specifications and ADVERTISE for bids for the North Broadway Area Infrastructure Program Phase 3 project, Bay Point area. [CDD-CP# 97-361 (Contra Costa County Redevelopment Agency.Funds, 100%)(District V) Project No.: 0662-6R4141-02 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION I. Recommended Action: APPROVE the Plans and Specifications for North Broadway Area Infrastructure Program Phase 3 project and ADVERTISE for bids to be received on Tuesday,June 8, 2004, 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 Contract Code. i . .-^ COMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE "'APPROVE OTHER SIGNATURE(S): ACTION OF BO N MAY 04, 2004 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: NL:mm G:\GrpDaia\Design\Board Ordto\BO 2003\North Broadway Area Infrastructure Prog P3A 5-6.doo Orig Div: Public Warks(Design Division) ATTESTED: MAY 04, 2004 Contact: Neil Lawry(925) 313-2278 «: H.Rnevor,CAO John Sweeten,Clerk of the Board of Supervisors and County AudiCommunity Dever Administrator Community Devefopmeni PW Accounting Construction By ,Deputy SUBJECT: APPROVE the plans and specifications and ADVERTISE for bids for the North Broadway Area Infrastructure Program Phase 3 project, Bay Point area. [CDD-CP# 97-36] (Contra Costa County Redevelopment Agency Funds, 100%)(District V) Project No.: 0662-68.4141-02 DATE: May 4, 2003 PAGE 2 II. Financial Impact: The estimated contract cost of the project is $370,000, funded by the Contra Costa County Redevelopment Agency(100%). III. Reasons for Recommendations and Background: The project is needed to improve traffic circulation in the Redevelopment Area of Bay Point. The Public Works Director has filed with the Board of Supervisors the Plans and Specifications for the project. The general prevailing rates of wages,which shall be the minimum rates paid on this project, have been filed with the Clerk of the Board and copies will be made available to any interested party upon request. The Board reviewed and approved the project on December 2, 1997 and found, on the basis of the initial study and all comments received, that there is no substantial evidence that the project will have a significant effect on the environment and adopted the Negative Declaration in compliance with the California Environmental Quality Act. A Notice of Determination was filed with the County Clerk on December 2, 1997. A portion of the project was advertised last year on May 6, 2003 as the North Broadway Area Infrastructure Program Phase 3.A project. Only one bid was received which exceeded the engineers estimate by over 25%and was subsequently rejected. The project has increased from last years bid to include two additional blocks of new roadway on the proposed southern street. The proposed northern street remains unchanged. IV. Consequences of Negative Action: If the project is not approved for advertising, it will not be constructed. E r'a cort kstlmate A t�>Pu � t . Contr ; tate an �ct a mt , ref5r#ve ' ODura �r " a° Noon- O ti i� � x ic P. ai Im.,. i cid : t+ 4W NOTICE'tQCbN'fRllCfflRS t F e y�,,x -} Th$PttAt tAt '. fector W. it5 E[ "'4� the. QPOt �." C'tAi AM SGGff apan't` .320 i '369 St"m' 97. ' S�jIS 8�f 61i�CftFflt+�. junez �c 014vToa m L ZG4A A wh�tch itm��ee they wltt be Pubttaty BA �YARE A Can br[c det¢hotton: WN con new ro s peree' is ��U, ra�ng�y�yy. # :b �tl Contraaco8 aunt � A , fnith{b ## jjj tqr Qf: 19 tS n t � The o k � tbaut u�no�pes��E �a� +art�at ed' 3r etre: St1Bd# Qn 4 ra: an faW ptatRt'Sp@p1De a .yti�:. t ir Fair gORi�asfei t # ttre: sinn.t 3� Off..;.. By ofde �Dartf tSt` �pC1tPa A County B1'ENIV E SHARP Deputy Dated MAY 06 21W Leyytti CCT 0099 Pubitshmay iA,20Wt. CONTRA CO COSTA COUNTY PUBLIC WORKS DEPARTMENT NOTICE TO CONTRACTORS AND SPECIAL PROVISIONS FOR NORTH BROADWAY AREA INFRASTRUCTURE PROGRAM PHASE 3 PROJECT NO: 0662-68.4141-02 t � 14PI COUI`- 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: June 8,;,2004 FOR PRE-BID INFORMATION CONTACT: Adelina Macias (925) 313-2305 ENGINEER'S ESTIMATE: $370,000 FOR PLAN HOLDER'S LIST CALL (925) 313-2000 Visit the Design Division at the Public Works website for other advertised and developing projects www.co.contra-costa.ca.'us/det)art/p- . w/ THIS SKEET 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 information with the bid proposal. Failure to submit this information with the bid proposal may result in rejection of the bid. SPECIAL NOTICE 2 A pre-bid meeting is scheduled for this project on the date given in the Notice to Contractors. Discussions will cover project construction and the Bidder Outreach Program requirements. SPECIAL NOTICE 3 In cases of utility leaks,breaks, or emergencies, the following numbers should be called: utility Phone Number California Cities Water (800) 999-4033 PG&E—Diablo Division(Electric) (925) 674-6361 PG&E—Diablo Division(Gas) (92.5) 674-6344 Delta Diablo Sanitation District (925) 250-3156 SPECIAL NOTICE 4 Cross sections are available for inspection at the Public Works Department, 255 Glacier Drive, Martinez, California, 94553. In accordance with Section 2-1.01, "General," of the special provisions, cross sections 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. Bidders may obtain copies of cross sections upon payment of$6.50,tax included. SPECIAL NOTICE 5 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 6 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 1-500-424-9071 Confidentiality.may be maintained and callers may remain anonymous. SPECIAL NOTICE 7 Planholders lists for projects out to bid for the Contra Costa County Public Works Department may be viewed on-line at the Public Works Web Site. Projects under development for the upcoming season may also be viewed at the site. 1. Log-on at www.co.contra-costa.ca.us/depart/_pw 2. Select the "Design"division at the left of your screen. 3. Select"Project Information" on the Design web-page. 4. Select"Projects Currently Advertised For Bids" on this web-page. 5. On the "Projects Currently Advertised For Bids" web-page you will find a listing of current active files with pertinent project information including a. Access to the "Notice to Contractors" which will give you a brief description of the project as well as how to obtain a set of bid documents and b. Access to the "Planholders List". c. Bid results within 24 hours of bid opening. DISCLAIMER Contra Costa County Public Works Department provides the Planholders List as a convenience t Contractors, Subcontractors and suppliers. The Public Works Department is under no,legal obligation to provide this information. While we make every effort to keep this Information current and correct, the Public Works Department makes no guarantee as to the accuracy or completeness of these documents. PROJECT NO. 0662-6R4141-02 The special provisions contained herein have been prepared by or under the direction of the following Registered Persons: CIVIL SIGNING AND STRIPING t' rn N p Ct. 0 \ a � ` E- >, tf3 :c U DC7 � �• N0 , U r U v y 0 V) U') to U) 0 o t-- A W Q Q us Z C v aV) 0 C) 0 Z �t < 0 LsJ in CN i - c d e v n - - -- - - co Q v LL-C m z° m cv CL cv E a� LO `r V)14, W r`cv U) Q A v A _U CL TABLE OF CONTENTS VICINITY AND CONSTRUCTION SIGNING MAP TYPICAL SECTIONS NOTICE TO CONTRACTORS SPECIAL PROVISIONS SECTION 1. SPECIFICATIONS AND PLANS............................................................................. I SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS ..........................................2 2-1.01 GENERAL........................................................................................ ............................... '2 2-1.01 A WARRANTY AND REPAIR AGREEMENT................................................................2 SECTION 3 - OUTREACH PROGRAM/MANDATORY SUBCONTRACTING......................3 SECTION 3-1.403 OUTREACH PROGRAM.............................................. .................................3 3-1.01 GENERAL........................................................................................ ................................ 3 3-1.02 MBEIWBE/OBE PARTICIPTION.................................................. ...............................3 3-1.03 DEFINITIONS ................................................................................. .................................3 3-1.04 CERTIFICATION AND PARTICIPATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES..... ................................................................................... ....... ..................... 4 3-1.05 GOOD FAITH EFFORT DOCUMENTATION...................................................................6 3-1.05A GOOD FAITH EFFORT DOCUMENTATION SUBMITTAL.'...................................9 3-1.06 AWARD OF CONTRACT................................................................ ............................... 10 3-1.07 SUBCONTRACTOR SUBSTITUTION.......................................... ............................... 10 3-1.08 SUB-AGREEMENT FALSIFICATION............................................................................. ............ ... .............................. 11 3-1.09 FINAL SUBCONTRACTING REPORT SUBMITTALNERIFICATION OF PERFORMANCEFORMS .......................................................................... .......................... 11 3-1.10 REVIEW OF RECORDS .................................................................. .............................. 11 3-1.11 PROMPT PAYMENT....................................................................... .............................. 11 SECTION 3-2.00 MANDATORY SUBCONTRACTING MINIMUM...... ................................ 11 3-2.01 GENERAL............................................. ..................................... .............................. I1 3-2.02 MANDATORY SUBCONTRACTING MINIMUM PARTICIPATION LEVEL............. 12 3-2.03 DEFINITIONS............... ................................................................. .............................. 12 3-2.04 MSM PARTICIPATION RECOGNITION......................................................................... 12 SECTION 3-3.44 EXECUTION OF CONTRACT........................................................................ 13 3-3.01 AWARD OF CONTRACT ............................................................... .............................. 13 3-3.02 BONDS.............................................................................................. .............................. 13 3-3.03 INSURANCE AND INDEMNIFICATION........................................'................................ 1 3-3.03A INSURANCE REQUIREMENTS ............................................. .............................. 13 3-3.038 HOLD HARMLESS AND INDEMNIFICATION ...................................................... 15 3-3.04 EXECUTION OF AGREEMENT(CONTRACT)............................................................. 16 SECTION 4. BEGINNING OF WORD AND TIME OF COMPLETION ............................... 1'7 4-1.01 GENERAL......................................................................................... .............................. 17 4-1.02 PRE-CONSTRUCTION CONFERENCE .......................................... ............................... 17 4-1.03 ARCHAEOLOGICAL DISCOVERIES AND/OR HISTORICAL DISCOVERIES ............ 18 SECTION5. GENERAL.................................................................................................M............... 18 SECTION5-1. MISCELLANEOUS........................................................... ............................... 18 5-1.01 LABOR NONDISCRIMINATION................................................... ............................... 18 5-1.02 AFFIRMATIVE ACTION AND EQUAL EMPLOYMENT OPPORTUNITY................ 19 5-1.03 PUBLIC SAFETY........................................ ............................... ............................... 22 5-1.04 PUBLIC CONVENIENCE............................................................... ............................... 23 5-1.05 PAYROLL RECORDS .................................................................... ............................... 24 5-1.06 SURFACE MINING AND RECLAMATION ACT...........................................................24 5-1.07 PROGRESS SCHEDULE................................................................ ...............................24 5-1.08 INCREASES AND DECREASES IN QUANTITIES........................................................ 24 5-1.09 SCOPE OF PAYMENT................................................................... ............................... 25 5-1.10 LEGAL HOLIDAYS....................................................................... ............................... 25 5-1.11 AREAS FOR CONTRACTOR'S USE............................................. ............................... 25 5-1.12 PAYMENTS..................................................................................... ............................... 25 5-1.13 CLAIMS BY CONTRACTOR..... .................................................. ............................... 26 5-1.14 INTERPRETATION OF CONTRACT DOCUMENTS..................................................... 28 5-1.15 SUBCONTRACTING.............................. .................................... ............................... 28 5-1.16 SOUND CONTROL REQUIREMENTS.......................................... ............................... 29 5-1.17 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS....................................... 29 5-1.18 PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS..................29 5-1.19 CONTROL OF WORD................................................ .............................. 29 5-1.20 AIR POLLUTION CONTROL......................................................... .............................. 30 SECTION 6. ADDITIONAL INSUREDS,WORKING DAYS,AND LIQUIDATED DAMAGES.......................................................................................................................................30 6-1.01 ADDITIONAL INSUREDS.............................................................. .............................. 30 6-1.02 WORKING DAYS............................................................................ .............................. 30 6-1.03 LIQUIDATED DAMAGES.............................................................. .............................. 30 6-1.04 ACCEPTANCE OF CONTRACT.... ............................................ ..............................30 SECTION7. (BLANK)................................................. ............................... ..............................31 SECTION8. MATERIALS............................................................................ ...............................31 SECTION8-1. 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........................................................................................... ..............................4 8-1.04 QUALITY CONTROL TESTING.................................................... ..............................46 8-1.05 METRIC CONVERSIONS............................................................... ..............................46 SECTION 9. DESCRIPTION OF WORK.................................................. ...... ....................47 SECTION 10. CONSTRUCTION DETAILS............................................ .............................47 SECTION10-1. GENERAL........................................................................... ...............................47 10-1.01 TRENCH SHORING AND PROTECTION..................................... ...............................47 10-1.02 ORDER OF WORK.......................................................................................................... 47 10-1.03 WATER POLLUTION CONTROL...................................................................................48 10-1.04 PRESERVATION OF PROPERTY.................................................................................. 50 10-1.05 COOPERATION............................................................................ ................................ 50 10-1.06 OBSTRUCTIONS........................................................................... ................................. 51 10-1.07 TEMPORARY FENCE.................................................................. ............................... 51 10-1.08 CONSTRUCTION AREA TRAFFIC CONTROL DEVICES....... ................................. 52 10-1.09 CONSTRUCTION AREA SIGNS.................................................. ............................... 52 10-1.10 MAINTAINING TRAFFIC ........................................................... ............................... 54 10-1.11 EXISTING HIGHWAY FACILITIES.......................................... ................................. 55 10-1.11A COLD PLANE ASPHALT CONCRETE PAVEMENT............................................ 55 10-1.11B UTILITY CROSSING............................................................. ............................... 56 10-1.12 CLEARING AND GRUBBING ............................. ................... ............................... 56 10-1.12A REMOVE CONCRETE CURB AND SIDEWALK.................................................. 57 10-1.13 EARTHWORK................................................................................ ............................... 57 10-1.13A LEAD CONTAMINATED SOIL............................................ ............................... 58 10-1.13B REMOVE PAINT CHIPS........................................................ ............................... 60 10-1.14 AGGREGATE BASE...................................................................... .... ....................... 60 10-1.15 ASPHALT CONCRETE.................................................................. .............................. 60 10-1,16 MINOR CONCRETE STRUCTURES............................................ ................................62 10-1.17 ROADSIDE SIGN........................................................................... ..............................63 10-1.18 ALTERNATE PIPE ........................................................................ .............................. 63 10-1.19 PLASTIC PIPE............................................................................... ............,................. 64 10-1.20 REINFORCED CONCRETE PIPE.......................................... ........................................ 65 10-1.21 MISCELLANEOUS CONCRETE CONSTRUCTION....................................................65 10-1.22 SURVEY MONUMENTS .............................................................. ..............................6 10-1.23 TRAFFIC STRIPES AND PAVEMENT MARKINGS .................. ................................ 66 10-1.24 PAVEMENT MARKERS................................................ . ............ ..............................67 SECTION10-2.00 LIGHTING...................................................................... ...............................67 10-2.01 STANDARDS, STEEL PEDESTALS AND POSTS ....................................................... 67 10-2.02 CONDUIT......................................................................................... ..............................67 10-2.03 PULLBOXES. ..... ..................................................................... .............................. 68 10-2.04 CONDUCTORS AND WIRING..................................................... .............................. 68 10-2.05 SERVICE......................................................................................... .............................. 68 10-2.06 PAYMENT...................................................................................... .............................. 68 r z .-. LL) ,r > CD ON snijoi ui OF] >- w 3na els►n V713e O ro rnH � ►- 3nb z a ON A31r e Do 0wow �• � � -- 0 Z� - W BIC o .._. 0 Project Name: NORTH BROADWAY AREA INFRASTRUCTURE PROGRAM PHASE 3;.A Project Number: 0662-684141-02 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 WorksDepartment, C.C. Rich Building, 255 Glacier Drive, Martinez, California 94553-4897, until 2 o'clock p.m., on June 8, 2004, at which time they will be publicly opened and read, for: NORTH j BROADWAY AREA INFRASTRUCTURE PROGRAM PHASE 3. General work description: Construct new roadways including,curb, sidewalk,storm drain, and street lighting in the Bay Point area of Contra Costa County. Engineer's cost estimate: $370,000 A pre-bid meeting will be held on Tuesday, May 27, 2004 at 10:00 a.m. at the Public Works Department to cover the County's Bidder Outreach Program. Prospective bidders attendance is recommended but not mandatory. , Contract Documents, including plans and specifications, may be viewed and/or obtained at the Public Works Department, C.C. Rich Building, 255 Glacier Drive, Martinez, California 94553-4897, Monday - Thursday (7:00 a.m. - 12 Noon and 1:00 p.m. - 5:00 p.m.) (closed Fridays). To obtain plans and specifications a service charge is required in the amount of$28.15 (sales tax included). Cross sections may be obtained for this project upon an additional payment of$6.50. Plans,specifications and cross sections may be ordered by mail for an additional shippinz and handling fee of$3.004 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 opening date may be extended by addendum issued by the Public Works Department no later than May 21, 2004, in which case any bids submitted for the original bid opening will be returned unopened and sealed bid proposals for the extended bid opening shall be submitted on or before June 8, 2004, 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 Adelina Macias,Design Division, at(925) 313-2305. 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: A enc . 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�inty. 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 En ing eering, or Engineer. The Public Works Director of Contra Costa County, State of California, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. 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 Engineer.igineer. The Public Works Director, Contra Costa County, State of California. Transportation Building, Sacramento. C. C. Rich Building,255 Glacier Drive,Martinez,California. I 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 Pians, 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-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 2 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 PROGRAMIMANDATORY 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 MBEIWBE 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 MBEiWBEIOBE 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. 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, 3 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. 1. "Manufacturer" means a firm that operates or maintains a factory or establishment that produces on the premises the materials or supplies obtained by the contractor. J "Trucker" means a firm that performs hauling or trucking work with trucks owned or leased by that firm. K. `Broker" means a firm that changes for providing a bona fide service such as professional, technical, consultant, or managerial services and assistance in the procurement of essential personnel, facilities, equipment, insurance or bonds, materials, or supplies required for the performance of the contract. The fee or commission is to be reasonable and not excessive as compared with fees customarily allowed for similar services. 3-1.04 CERTIFICATION AND PARTICIPATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES A. If recognition is to be given to MBE/WBE participation on this project, within two (2) working days after bid opening, an MBE/WBE must be (a) certified by the involved County department or self- certified elfcertified on an appropriate form satisfactory to the County; or (b) certified by any of the following agencies ---State of California Department of Transportation (Caltrans), City of Oakland, Port of Oakland, Regional Transit Coordinating Council, San Francisco Human Rights Commission, Los Angeles County Metropolitan Transportation Commission, or U.S. Small Business Administration. Applications for certification and/or directories of MBE/WBE certified firms are available at the following locations: 1. Contra Costa County Affirmative Action Office, 651 Pine Street, Ioth Floor, Martinez, CA 94553 Telephone: (925) 335-1045 Fax: (925) 646-1353 4 ''I'll''..,..................................................................................................................................................................... .......................................................................... ...... 2. City of Oakland Office of Public Works, One City Hall Plaza, Oakland, CA 94612 Telephone: (510) 238-3970 Fax: (510) 238-3363 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) 627-1100 Fax: (510)451-1656 5. Regional Transit Coordination Council Includes the following agencies: AC Transit (Alameda Contra Costa Transit District) Telephone: (510) 577-8812 Fax: (510) 577-8839 Email: sandyp@pacbell.net BART (Bay Area Rapid Transit District) Telephone: (510) 464-6110 Fax: (510)464-7587 Email: imacklgbart.dst.ca.us County Connection(Central Contra Costa Transit Authority) Telephone: (925) 676-1976 Fax: (925) 686-2630 Email: madrigal@cccta.or Metropolitan Transportation Commission Telephone: (510) 646-7750 Fax: (510) 464-7848 Email: jmjXasgmtc,dst.ca.us Samtrans (San Mateo County Transit District) Telephone: (650) 508-6417 Fax: (650) 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 5 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.sf.humanrights.org/ (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. og v/hq 8. U.S. Small Business Administration Regional Office, 71 Stevenson Street, 20th 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 through 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. 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 compete for and participate in County contracts. A bidder's good faith efforts to reach out to MBEs, WBEs, OBEs, 6 _­­­.................................................................................................................................................. .......................................................................................... 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 2 1 3 4 5 6 7 8 9 10 Total Points 0 10 1 _13_[ 9 10 10 5 10 26 7 100 Each indicator (2-10) is evaluated on a pass1fail basis, i.e., either full or zero points can he achieved for compliance with each item. I LEVEL OF ANTICIPATED MBE/WBE PARTICIPATION No Points The bidder has made a good faith effort to obtain sub-bid participation by MBEs, WBEs, OBES, SBEs, and LBEs which could be expected by the County to produce a reasonable level of participation by interested business enterprises, including the anticipated levels of MBE and WBE participation set forth in the proposal form and to have the bidder meet the Mandatory Subcontracting Minimum for the project. 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. 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 SUBCONTRACTORS 13 Points 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 7_9 Points 7 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. I_5T WRITTEN NOTICES TO SUBCONTRACTORS 10 Points The bidder has provided written notice of its interest in receiving sub-bids on the contract to those subcontractors, suppliers, manufacturers, and truckers, including MBEs, WBEs, OBEs, SBEs, and LBEs having an interest in participation in the selected work items. All notices of interest shall be provided not less than ten (10) calendar days prior to the date the bids are required to be submitted. Required Documentation: A copy of each letter sent to available MBEs, WBEs, OBEs, SBEs, and LBEs for each item of work to be performed. If there is only one master notification, then a copy of the letter along with a listing of all recipients will suffice. Faxed copies must include the fax transmittal confirmation slip showing the date and time of transmission. Mailed letters must include copies of the metered envelopes or certified mail receipts. Letters must contain: areas of work to be subcontracted; County project name; name of the bidder; contact person's name, address, and telephone number; information on the availability of plans and specifications; and the bidder's policy concerning assistance with bonds, lines of credit, and insurance. Note: This written notice can be used to satisfy Indicators 3, 7, and 10. CERTIFICATION AGENCIES (Bidders should contact the agencies listed in Paragraph 3-1.04A above to obtain current copies of MBE/WBE directories for listings of certified MBE/WBE firms.) b 1 FOLLOW-UP ON INITIAL SOLICITATION 14 Points The bidder has documented efforts to follow-up initial solicitations made in Indicator 45 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 Paints 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 NEGOTIATE IN GOOD FAITH —7-1, Points The bidder has negotiated in good faith with interested MBEs, WBEs, (SBEs, 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 ASSISTANCE 7 Points 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. Required Documentation: Include in Indicator 4 or 5, information about the bidder's efforts to assist with bonds, lines of credit, and insurance. 3-1.05A GOOD FAITH EFFORT DOCUMENTATION SUBMITTAL No Inter 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, 9 ..................................................................................................................................................................... .................................................................................................... ...................... the County may request additional information to validate and/or clarify that the good faith effort submission was adequate. Such information shall be submitted promptly upon request by the County. For MBE/WBE firms to be used on the project, the bidder shall submit, within two (2) working days after bid opening, a completed "Letter of Intent" form for each such firm (see sample form attached to the Proposal). Use of the form will verify the amount of work each MBE/WBE subcontractor, supplier, manufacturer, or trucker intends to perform. The form shall be signed by the MBE/WBE subcontractor, supplier, manufacturer, or trucker identifying the item(s) of work to be performed and the actual dollar value to be received. 3-1.06 AWARD OF CONTRACT The Board reserves the right to reject any and all bids. The award of a contract will be to the lowest responsive, responsible bidder whose proposal complies with all requirements prescribed herein. This includes compliance with the required Outreach Program. A positive and adequate demonstration to the satisfaction of the Board of Supervisors that a good faith effort to include MBE/WBE/OBE/SBE/LBE subcontractors' participation was made is a condition for eligibility for award of the contract. In the event that the Board considers awarding away from the apparent low bidder because of the bidder's failure to supply adequate good faith effort documentation, the County shall afford the bidder an opportunity to present further evidence prior to award of contract. The Board specifically reserves the right, in its sole discretion, to waive any of the time requirements set forth in Section 3 and to waive any other irregularities relating to compliance with the County's Outreach Program. 3-1.07 SUBCONTRACTOR 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: 10 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. 3-1.09 FINAL SUBCONTRACTING REPORT SUBMITTALIVERIFICATION 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 11 set forth herein. Bidders should be fully informed of this program. Failure to comply with the Mandatory Subcontracting Minimum requirements may render the bid non-responsive. 3-2.02 MANDATORY SUBCONTRACTING MINIMUM PARTICIPATION LEVEL To be eligible for award of this project, the Board of Supervisors requires the bidder to subcontract a minimum percentage of its bid, which is stated in the proposal form, to any qualified available contractor, and list all subcontractors, regardless of amount, that the bidder wishes to be credited toward achieving the required MSM. Failure to list the subcontractors and subcontracting amounts with the bid on the form provided in the proposal, sufficient to meet or exceed the required MSM,may cause the bid to be rejected by the Board of Supervisors as non-responsive. 3-2.03 DEFINITIONS For purposes of this program, the following definitions shall apply: A. "Subcontractor" means an individual, firm or corporation having a direct contract with the contractor for the performance of a part of work which is proposed to be constructed or done under the contract or permit, including the furnishing of all labor, materials, or equipment. B. "Subcontract" means an agreement between the prime contractor and an individual, firm or corporation for the performance of a particular portion(s) of the work which the prime contractor has obligated itself. C. "Vendor and/or supplier"means a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in stock, and regularly sold to the public :in the usual course of business. The firm must engage in, as its principal business, and its own name, the purchase and sale of the products in question. A supplier of bulk items such as steel, cement, stone and petroleum products need not keep such products in stock, if it owns or operates distribution equipment. U. "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. 12 D. MSM credit for brokers required for performance of the contract is limited to the reasonable fee or commission charged, as not considered excessive, as compared with fees customarily allowed for similar services. E. MSM credit shall not be given to a Joint Venture partner listed as a subcontractor by a Joint Venture bidder. SECTION 3-3.00 EXECUTION OF CONTRACT 3-3,01 AWARD OF CONTRACT The second paragraph of section 3-1.01, "Award of Contract", of the Standard Specifications is superseded by the following special provision The award of the contract, if it be awarded,will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed herein, including without limitation the requirements for a Project Labor Agreement if required (see Section 5-1.02) and the Outreach Program and Mandatary Subcontracting Minimum requirements. Such award, if made, will be made within the time period during which bids may not be withdrawn as specified in the Notice to Contractors. The award of the contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed herein within 37 days after the opening of the proposals for contract bid amounts under $1,000,000 and within 90 days for contract bid amounts equal to or exceeding $1,000,000, which require a Project Labor Agreement. This period will be subject to extension for such further period as may be agreed upon in writing between the Department and the bidder concerned. 3-3.0.2 BONDS Contractor shall provide, at the time of the execution of the agreement or contract for the work, and at no additional expense to the Agency, a surety bond executed by an admitted surety insurer in an amount equal to at least one-hundred percent(1 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'man amount equal to at least one-hundred percent(100%)of the contract price as security for the payment of all persons performing labor and furnishing materials in connection with said agreement. Sureties on each of said bonds shall be satisfactory to the Agency. 3-3.03 INSURANCE AND INDEMNIFICATION Sections 7-1.12 "Indemnification and Insurance" through 7-1.12B(6), "Miscellaneous", of the Standard Specifications are superseded by the following special provisions. 3-3.03A INSURANCE REQUIREMENTS Before performing any work pursuant to the Agreement (Contract), the Contractor, and its subcontractors, shall, at no additional expense to the Agency, obtain and maintain in force during the entire terns 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. 13 -.....I...I................................................................................................................................................................ ................................................................................ 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. 1 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 polity shall not contain the so-called "x" "c" "u" exclusions. The minimum limits of liability for this insurance are as follows: $500,000 $1,000,000 Bodily Injury Liability Each Person Each Occurrence $250,000 $500,000 Property Damage Liability Each Aggregate Occurrence Insurance coverage in the minimum amounts set forth herein shall not,be construed to relieve the Contractor for liability in excess of that coverage, nor shall it preclude the Agency from taking such other actions as is available to it under any other provision of this contract (except retainage of money due the Contractor) or otherwise in law. Regarding Comprehensive or Commercial General Liability and 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. 14 ................................................. .............................................................................................................................................................................. .................................................................................... 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. 3-3.03B 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 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. 15 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. The Agency will consider proposals by the Contractor to enter into special arrangements, such as posting securities or bonds acceptable to the Agency, in lieu of the retention of funds. The special arrangements shall be in writing, and approved by the surety on the performance bond and by the surety on the payment bond. No funds will be retained or continue to be retained 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. 3-3.04 EXECUTION OF AGREEMENT (CONTRACT) The following is added to Section 3-1.03, "Execution of Contract," of the Standard Specifications. A sample copy of the Agreement(Contract)is contained in the Proposal and Contract book. The submittal of the Agreement (Contract) to the Contractor for execution 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. 16 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 Werk," and in Section 8-1.06, "Time of Completion," of the Standard Specifications and these special provisions.' The first paragraph of Section 8-1.03, "Beginning of Work," of the Standard Specification is amended to read: The first working day shall be no later than 20 calendar days from contract award by the Board of Supervisors. The Contractor and Engineer may revise the start of work date if they mutually agree and the Engineer confirms in writing. Even though the counting of working days may have begun, in no case will the Contractor be allowed to begin work before the pre-construction conference is held. All specified submittals shall be furnished to the Engineer at, or prior to, the preconstruction conference. All specified approvals contained in the Standard Specifications and these special provisions shall be obtained prior to the beginning of work. After starting work, the Contractor shall diligently prosecute the work to completion within the time limit provided in Section 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. The following submittals shall be presented to the Engineer at the pre-construction conference and will be required before work can begin: 1. Progress schedule using working days format. 2. The on-site authorized representative (and home phone number) who shall have complete authority to present the contractor. 3. A list naming each official (with title) who is authorized to sign contract change orders, daily extra work reports, and the final pay estimate. 17 4. Three copies of a list of all the materials which are to be used on the project, their source, and. the name(s) and address(es) of the supplier(s). Please identify each material by contract item number and name. 5. A statement giving the name and address of each subcontractor together with the item number, description, unit cost, and total cost of each item to be subcontracted. 6. A list giving the description, identification number, make, model number, and other necessary information for each piece of equipment to be used on this project. (Do not send listing of all items in equipment pool) 7. Two copies of the "Storm Water Pollution Protection Plan" if required by these special provisions. 8. Any other submittals and/or approvals required by the Standard Specifications and these special provisions. 9. A list of first tier subcontractors, suppliers, manufacturers, or truckers for which a"Verification of Performance"form will be required by these special provisions. 4-1.03 ARCHAEOLOGICAL DISCOVERIES 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 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 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. 18 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 nonexemptState construction contracts and subcontracts of$5000 or more. 5-1.02 AFFIRMATIVE ACTION AND EQUAL EMPLOYMENT OPPORTUNITY The Contractor shall pay special attention to Section 7-1.01A (4), "Labor Nondiscrimination" of the Standard Specifications and these special provisions. 5-1.02A 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. 5-1.02B Speck Affirmative Action Stens.--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 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. 1.9 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. E) 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 iri 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 ferrate recruitment sources, and shall notify community organizations that the Contractor has employment opportunities available, and shall maintain the records of organizations' responses. The Contractor shall make a specific effort to encourage its current employees to recruit any qualified minority and female workers. 9) The Contractor shall disseminate an Equal Employment Opportunity (EEO) policy within the Contractor's own organization by including it in any policy manual and collective bargaining agreement; by publicizing it in company newspapers and annual reports; by conducting staff and employee representative meetings to explain and discuss policy; by posting of the policy, and by specific review of the policy with minority and female employees. 10) The Contractor shall disseminate an EEO policy externally by providing notice of the policy to the unions and training programs and requesting their cooperation in assisting the 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. 20 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. 5-1.020 Roorting Requirements.--The provisions in Section 7-1.01A(4), "Labor Nondiscrimination", of the Standard Specifications are amended as follows: Each employee shall be identified as to minority or non-minority status and as to gender on the copy of all payrolls submitted weekly to the Contract Compliance Officer. Such payroll records shall be submitted on U.S. Department of Labor Payroll Report Form WH-347 (or other form approved by the project Contract Compliance Officer)and in accordance with Section 1776 of the Labor Code. 5-1.021) Enforcement.--The Contract Compliance Officer will review Contractor's and subcontractors'"project-related"employment practices during the performance of this contract. 5-1.02D(l) 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- l.O I A(4), "Labor Nondiscrimination" of the Standard Specifications by the Contractor or one of its subcontractors, the Contract Compliance Officer will bold 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 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 Contract Compliance Officer will notify the Contractor in writing of the sanctions to be imposed. In addition, the Contra Costa County Board of Supervisors will deem a finding of willful violation of the California Fair Employment Act by the pair 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. 5-1.02Df2) 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. 21 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.€I3 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. (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 I skew to obtain the maximum available offset between the approach end of the railing and the edge of the traffic lane, and an array of temporary crash cushion modules shall be installed at the approach end of the temporary railing. 22 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 l meter of a traffic lane but not on a traffic lane. The lane closure provisions of this section shall not apply if the work area is protected by permanent or temporary railing or barrier. When traffic cones or delineators are used to delineate a temporary edge of traffic lane, the line of cones or delineators shall be considered to be the edge of traffic lane, however, the Contractor shall not reduce the width of an existing lane to less than 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 1K) 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 PUBLIC CONVENIENCE The provisions of Section 7-1.08, "Public Convenience," of the Standard Specifications, are supplemented herein. At least two (2) working days in advance of any work, all residents and businesses adjacent to the work areas shall be notified of the construction by the Contractor in writing. The Notice shall clearly state the Contractor's estimated project schedule. The notice shall include the Engineer's name and phone number, the Contractor's name,day and night telephone number and contact person. Each Notice shall be hand delivered or securely attached to the door of each business or residence in the event that no one is available to personally accept the notice. The Contractor shall obtain the Engineer's approval (as to form) of the Notice,prior to distribution. Two (2) full working days prior to the day a portion of a street needs to be clear of parked vehicles, the Contractor shall furnish and erect "No Parking" signs. The signs shall include the date and times 23 that parking will be restricted. In small writing on the sign the contractor shall write the exact date and time the notices were placed. These notices shall be attached to portable barricades. "No Parking" signs shall be removed when the work requiring the parking restriction is complete. The contractor shall arrange for towing and removal of any vehicles which interfere with construction operations. Vehicles shall be towed to the nearest street with available parking which is not subject to that days work, vehicles shall not be towed to the towing companies impound lot. No towing will be done or allowed unless the contractor has given the full two (2) working day advance notice to the residents and businesses adjoining the streets to be overlaid. Pull compensation for towing vehicles shall be considered as included in the contract price paid for the various items of work and no separate payment will be made therefor. Emergency vehicles shall be permitted to pass through the work area without,delay at all times. In lieu of the provisions in the nineteenth paragraph of Section 7-1.08, "Public Convenience," of the Standard Specifications regarding payment by the County, full compensation for furnishing, installing and maintaining signs, barricades, and other warning and safety devices, shall be considered as included in the contract price paid for various items of work and no separate payment will be made therefor. -1.05 PAYROLL RECORDS The provisions of Section 7-1.01A(3), "Payroll Records," of the Standard Specifications are amended with the following= "(h) The contractor shall permit the Engineer to interview employees during working hours on the job to verify the above mentioned payroll records." 5-1.06 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, " Ise of Materials Found on the Work," of the Standard Specifications. 5-1.07 PROGRESS SCHEDULE Progress schedules are required for this contract and shall be submitted in conformance with the provisions in Section 8-1.04, "Progress Schedule," of the Standard Specifications and these special provisions,unless otherwise authorized in writing by the Engineer. The second paragraph of Section 8-1.04, "Progress Schedule," of the Standard Specifications shall not apply. 5-1.08 INCREASES AND DECREASES IN QUANTITIES The provisions of Section 4-1.03B, "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. 24 5-1.09 SCOPE OF PAYMENT The provisions of Section 9-1.02, "Scope of Payment," of the Standard Specifications are amended with the following. Full compensation for furnishing all labor, :materials, tools, equipment, and incidentals necessary to the completed work and for performing all work contemplated and embraced under the contract whose payment is not clearly embraced in the various contract payment clauses shall be considered as included in the various contract items of work and no additional compensation will be allowed. 5-1.10 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 1",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 4"', known as Independence Day First Monday in September, known as Labor Day November l 1 t', known as Veteran's Day Fourth Thursday in November,known as Thanksgiving Day The Friday after Thanksgiving Day December 25`x', 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. 5-1.11 AREAS FOR CONTRACTOR'S USE Attention is directed to the provisions in Section 7-1.19, "Rights in Land and Improvements," of the Standard Specifications and these special provisions. The highway right of way shall be used only for purposes that are necessary to perform the required work. The Contractor shall not occupy the right of way, or allow others to occupy the right of way, for purposes which are not necessary to perform the required work.. No State-owned parcels adjacent to the right of way are available for the exclusive use of the Contractor within the contract limits. The Contractor shall secure, at the Contractor's own expense, areas required for plant sites, storage of equipment or materials, or for other purposes. Residence trailers will not be allowed within the highway right of way. The Contractor shall remove equipment, materials, and rubbish from the work areas and other State- owned property which the Contractor occupies. The Contractor shall leave the areas in a presentable condition in conformance with the provisions in Section 4-1.02, "Final Cleaning Up," of the Standard Specifications. 5-1.12 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:: 25 No partial payment will be made for any materials on hand which are furnished but not incorporated in the work.. The provisions in Section 9-1.07, „Payment After Acceptance," are modified as follows: Upon satisfactory completion of the entire work, the Engineer will recommend the acceptance of the work to the Board of Supervisors. If the Board accepts the completed work, it will cause a Notice of Completion to be recorded with the County Recorder. Thirty-five days after the filing of the Notice of Completion, the Contractor will be entitled to the balance due for the completion and acceptance of the work, if certification is made by sworn written statement that all claims have been filed with the agency based upon acts or omissions of the Contractor and that no liens or withhold notices have been filed against said work or the property on which the work was clone, and contractor has complied with the "Final Subcontracting Report Submittal/Verification of Performance Forms"section of these special provisions. 5-1.,13 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 shah 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 1 of Part 2. (b) (1) "Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that "public work" does not include any work or improvement contracted for by the state or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or(C)an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. 26 (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 fiuther documented, shall be submitted to the claimant within 15 days after receipt of the ftuther 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. (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 I 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 27 (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 lav, 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. 5-1.14 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 suits shown in the proposal shall govem. 5-1.15 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 28 project. This list of debarred contractors is available from the Department of Industrial Relations web site at: http://www.dir.ca.gov/DLSE/Debar.html. 5-1.16 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 p.m. and 7:00 a.m. on weekdays and between 7:00 p.m. and 9:00 a.m. on weekends and holidays, shall not exceed 86 dBa at a distance of 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 awned 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. 5-1.17 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS Attention is directed to the provisions in Section 7108.5 of the Business and Professions Code concerning prompt payment to subcontractors. The prime contractor or subcontractor shall pay any subcontractor, not later!than 10 days of receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed the contractor on account of the work performed by the subcontractors, to the extent of each subcontractors interest therein. Any violation of this section of the Code shall constitute a cause for disciplinary action and shall subject the licensee to a penalty payable to the subcontractor, of 2 percent of the;amount due per month for every month that payment is not made. In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney's fees and costs. 5-1.18 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 29 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 last, 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 ATR.POLLUTION CONTROL Air pollution control shall conform to the provisions in Section 7-1.01F, "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, WORDING DAYS,AND LIQUIDATED DAMAGES 6-1.01 ADDITIONAL INSUREDS In accordance with the, "INSURANCE REQUIREMENTS," and, "HOLD HARMLESS ANIS INDEMNIFICATION," sections contained in SECTION 3 of these special provisions and Section 20 of the Contract (Construction Agreement), the following shall be named as additional insureds and shall be defended,held harmless and indemnified: Contra Costa County Redevelopment Agency 6-1.02 WORKING DAYS In accordance with Section 4-1.01, "GENERAL," of these special provisions, the Contractor will have 55 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$ 8.,50 per day,for each and. every calendar day delay in finishing the work in excess of the number of working days prescribed above. 6-1.04 ACCEPTANCE OF CONTRACT Section 7-1.17, "Acceptance of Contract", of the Standard Specifications are superseded by the following. When the Engineer has.made the final inspection as provided in Section 5-1.13, "Final Inspection," and determines that the contract work has been completed in all respects in accordance with the plans and specifications, the Engineer will recommend that the Director formally accept the contract, and immediately upon:and after the acceptance by the Director,the Contractor will be relieved of the duty of maintaining and protecting the work as a whole, and the Contractor will not be required to perform any further work thereon. 30 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 furnish 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 I 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 Clays before the Contractor intends to begin the work involved. Unless otherwise specified,the following substitutions of materials and products will be allowed: SUBSTITUTION TABLE FOR SIZES OF HIGH. STRENGTH STEEL FASTENERS ASTM Design ion: A 325M METRIC SIZE SHOWN ON THE SIZE TO BE SUBSTITUTED PLANS inch mmx thread itch M16 x 2 5/8 M20 x 2.5 3/4 M22 x 2.5 7/8 M24 x 3 1 M27 x 3 1-1/8 M30 x 3.5 1-1/4 M36 x 4 1-1/2 31 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 MW15 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 W8.3—, except W8.0 inpiles only MW60 W9.3 MW70 W 10.9, except W 11.0 in pIles only MW80 W12.4 MW90 W 14.0 , MW100 W15.5 32 SUBSTITUTION TABLE FOR BAR REINFORCEMENT METRIC BAR DESIGNATION BAR DESIGNATION NUMBER.' SHOWN ON THE NUMBER TO BE SUBSTITUTED PLANS 10 3 13 4 16 5 19 6 22 7 25 g 29 9 32 14 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 9J16 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 57.152-1/4 64 or 63.50 2-1/2 70 or 69.85 2-3/4 76 or 76.24 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 nim 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 1 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 ram PP 360x4.55 NPS 14x0.179 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" PP559xT NPS 22xT PP610xT NPS 24xT" PP660xT NPS 26xT" PP 711xT NPS 28xT" PP 762 x T NPS 30 x T" PP 813x NPS 32xT" PP864xT NPS 34xT" PP914xT NPS 36xT" PP965xT NPS 38xT" PP 1016 x T NPS 40 x T" PP 1067 x T NPS 42 x T" PP 1118xT NPS 44xT" PP1219xT 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 n1m X mm nlnl X mm 19X89 20x90 lx4' 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, ME'T'RIC 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 gd 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 11430 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 (L7N)mm 15 1/2 20 3/4 25 1 32 1-1/4 40 1-l/2 50 12 65 2-1/2 75 3 IOC} 4 1503 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 I 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 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 Retrorefiective A. Apex, Model 921 (100 mm x 100 mrn) B. Ray-O-Lite, Models S S (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 min x 100 mm), 953 (70 mm x 114 mm) D. 3M Series 290(89 mm.x 104 mm) Retroreflective With Abrasion Resistant Surface(ARS) A. Apex, Model 921 AR(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) Retroreftective 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'(oider)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 P20-200OW and 2001Y(ABS) G. Interstate Sales, "Diamond Back" (ABS)and(Polypropylene) H. Novabrite Models Adot-w(White)Adot-y(Yellow), (ABS) 1. Road Creations, Model RCB4NR(Acrylic) J. Zumar Industries, "Titan TM40A" (ABS) 40 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 R.41C (100 mm x 100 mm) D. Vega Molded Products "Temporary Road Marker" (75 mm x 100 mm) 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 20120 Flex" B. Pavemark, "Hotape" Removable Traffic Paint A. Beipro, Series 250/252 and No. 93 Remover Ceramic Surfacing Laminate, 150 mm x 150 min A. Safeline Industries/Highway Ceramics, Inc. CLASS 1 DELINEATORS 41 One Piece Driveable Flexible Type, 1700 mm A. Carsonite, Curve-Flex CFRM-400 B. Carsonite,R.oadmarker CRM-375 C. Davidson Plastics, "Flexi-Guide Models 400 and 566" D. FlexStake, Model 654 TM E. GreenLine Models HWD1-66 and CGD1-66 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. FlexStake, Model 604 C. GreenLine Models HWD and CGD (with 450 mm U-Channel base) D. Safe-Hit with 200 mm pavement anchor(SH248-GP1) E. Safe-Hit with 380 mm soil anchor(SH248-GP2) and with 450 mm soil anchor(SH248-GP') Surface Mount Flexible Type, 1200 mm A. Bent Manufacturing Company, Masterflex Model MF-1SOEX-48 B. Carsonite, "Super Duck II" C. FlexStake, 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 SDCF203601 MB "The Channelizer„ D. Davidson Plastics, Flex-Guide'Models FG300LD and FG300UR E. FlexStake, Surface Mount, Models 703 and 753 TM F. GreenLine, Model SMD-36 G. Hi-Way Safety,Inc. "Channel Guide Channelizer" Model CGC36 H. 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 7-Top" B. Plastic Safety Systems "Navigator-42" C. Roadmaker Company "Stacker" D. TrafFix Devices "Grabber" OBJECT MARKERS Type "W", 450 mm A. Carsonite, Model SMD-615 B. FlexStake, Model 701 KM C. Repo, Models 300 and 400 D. Safe-Hit, Model SH718SMA E. The Line Connection, Model DP214K 42 ........................................................................................................................................................I....-I.''..'','''' ........................................................................................... ................................... Type "K-4" "Q" Object Markers, 600 mm A. Bent Manufacturing "Masterflex" Model MF-360-24 B. Carsonite, Super Duck Il C. FlexStake, 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 P21-4Q 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 mm Acrylic cube comer 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 min) 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 nim) 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 min x 80 min 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 min x 300 min reflective element at 1200mm above roadway) A. Davidson Plastics, PCBM S-36 B. Sun-Lab Technology, "Safety Guide Light, Model SM12," 130 mm x 130 min x 80 nun 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 43 ............-.....-.............I.........I........ .............................................................................................................................. .................................................................................. ............................... .................................................................................................................................................................................................................. ........................................................................................ 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 min Sleeves A. Reflexite SB (Polyester), Vinyl or "TR" (Semi-transparent) Traffic Cones, 100 mm and 150 min 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 3 810 Barricades: Type 1,Engineer Grade A. American Decal, Adcolite B. Avery Dennison, T-1500 and T-1600 C. 3M, Scotchlite, Series CW Barricades: Type 11, Super Engineer Grade A. Avery Dennison, T-2500 Series B. Kiwalite Type 11 C. Nikkalite 1800 Series Signs: Type 11, Super Engineer Grade A. Avery Dennison, T-2500 Series B. Kiwalite, Type II C. Nikkalite 1800 Series Signs: Type 111, High-Intensity Grade A. 3M Series 3800 B. Nippon Carbide,Nikkalite Brand Ultralite Grade 11 44 .................................................................................................................... ...... ................................................................................................. 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) T 238 (a) 203 D 422 T88 204 D4318 T89&T90 504 C 231 T 152 518 C 138 T 121 521 C 39 T 22 523 C392& C78 T177 &T97 533 C 360 211 C 131 &C 535 T 96 45 Note: (a) When ASTM Designation: D 2922 or AASHTO Designation: T 238 is used, the frequency and area 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. 8-1.05 METRIC CONVERSIONS Project Plans, County Standard Plans, Construction staking and project Special Provisions (dual units) are in Imperial (English)units. The 1999 California Department of Transportation Standard Plans and Specifications which are a part of this contract are in Metric Units. .The following list provides limited number of conversion factors for the contractors to use in converting metric units to English units, the list is not to be considered exhaustive and the contractor shall use standard S.I. conversion factors when converting units not contained on the list. Common Conversion Factors to Metric Units Class Multiply: By: To Get: Area Ha(10,000 rn ) 2.47 acre m2 10.76 ftz m2 1.20 yd km2 0.386 mit Length in 3.281 ft mm 0.0394 in km 0.621 mi In 1.094 yd Volume rn 3 35.31 ft L 0.264 gal mL 0.0338 fl oz m3 1.308 yd3 Mass g 0.0353 oz kg 2.205 lb tonne (1000kg) 2.205 kip (1,000 lb) kg 0.0011 short ton (2,0001b) tonne 1000k ) 1.102 shortton 46 Density kg/m3 1.685 lb/yd k /m3 0.0624 lb/ft3 Pressure Pa .000145 psi MPa(N/mm2) 0.145 ksi Pa 0.0209 Lb/ft2 Temperature °C 1.8x (°C) + 32 OF Concrete Strength Metric --English Concrete f, 25 MPa 3,600 psi 28 MPa 4,000 psi 35 MPa 5,000 psi 42 MPa 6,000 psi SECTION 9. DESCRIPTION OF WORK The work to be done generally consists of constructing new roadways including, curb, sidewalk, storm drain, street lighting and such other items or details, not mentioned above, that are required by the plans, Standard Specifications,or these special provisions to be performed,placed, constructed or installed. SECTION 10. CONSTRUCTION DETAILS SECTION 10-1. GENERAL 10-1.01 TRENCH SHORING AND PROTECTION Attention is directed to Sections 5-1.02, „Plans and Working Drawings," 5-1.02A, `Trench Excavation Safety Plans,"and 7-1.01E, "Trench Safety," of the Standard Specifications and these special provisions. The Contractor shall have a designated competent person on site at all times that excavation work is being performed. The competent person shall make daily inspection in accordance with all OSHA. requirements. Competent person means one who is capable of identifying existing land predictable hazards in the surroundings or working conditions which are unsanitary,hazardous,or dangerous to employees, and who has the authorization of the Contractor to take prompt corrective measures to eliminate them. The payment limits for trench shoring and protection shall be the measured distance along the trench centerline where the trench protection work is actually performed, and only where trenches are one and a half meters or greater in depth or it has been determined by the competent person and approved by the Engineer that trench shoring is required. The contract price paid per meter for trench shoring and protection shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in protecting the trenches, regardless of the actual method used, including preparing protection plans and inspection by the competent person as required by the plans, Standard Specifications, and these special provisions and as directed by the Engineer. 10-1.02 ORDER OF WORK Order of work shall conform to the provisions in Section 5-1.05, "Order of Work," of the Standard Specifications and these special provisions. The Contractor shall have a representative on the job site at all times while work is actually in progress whose sole duties shall be to supervise the work crews and coordinate activities pertaining to the contract operations, including traffic control and public notifications. 47 ...__. _ ...... ........ ......... ......... ......... ......... ......... ......... ........ ....._._ ...._ __ _ ..... ......... ......... ......... ......... ......... ......_ . ._... Prior to beginning any storm drain work the Contractor shall pothole the sewer main lines that cross under the storm drain. The Contractor shall notify the Engineer if the clearance to any proposed storm drain is less than 150mm so that modifications to the storm drain design can be made. Orders for all lighting equipment and materials shall be placed no later than seven. (7) calendar days after award of contract unless otherwise permitted by the Engineer. The Contractor shall furnish the Engineer with statements from the vendors that the orders for said equipment and materials have been received and accepted by said vendors. Said vendor's statements shall indicate anticipated delivery dates for all equipment and materials ordered. A temporary chain link fence with privacy slats shall be installed as shown on the plans before beginning work on Siino Avenue. The shed shall be removed and immediately replaced by, a temporary chain link fence with privacy slats. At the end of each working day if a difference in excess of 75mm (0.25-feet) exists between the elevation of the existing pavement and the elevation of excavations within 1.5m (5-feet) of the traveled way, material shall be placed and compacted against the vertical cuts adjacent to the traveled way. During excavation operations, native material may be used for this purpose; however, once placing of the structural section commences, structural material shall be used. The material shall be placed to the level of the elevation of the top of existing pavement and tapered at a slope of 1:4 (vertical:horizontal) or flatter to the bottom of the excavation. Treated base shall not be used for the taper. Full compensation for placing the material on a 1:4 slope, regardless of the number of times the material is required, and subsequent removing or reshaping of the material to the lines and grades shown on the plans shall be considered as included in the contract price paid for the materials involved and no additional compensation will be allowed therefor. Into payment will be made for material placed in excess of that required for the structuralsection. 10-1.03 WATER POLLUTION CONTROL Water pollution control work shall conform to the provisions in Section 7-1.41G, "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)445-3524. 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 Istorm 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. 48 .................................................................................................................................................................................................................. ........................................................................................ In addition to the remedies authorized by law, an amount of the money due the Contractor under the contract, as determined by the Department, may be retained by the State of California until disposition has been made of the costs and liabilities. The retention of money due the Contractor shall be subject to the following: A. The Department will give the Contractor 30 days notice of the Department'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 Department has retained funds and it is subsequently determined that the State 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. 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. Soil stabilization practices and sediment control measures, including minimum requirements, shall be provided throughout the rainy season, defined as between October 15 and April 115. 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. 49 ........... ........................I.................111.11,11,............ ...............................................................................................I................ . 11.11,.................................... ..........I........... ........................................................................................................................................................................................ ..................................................................................... The Engineer may order the suspension of construction operations which create water pollution if the Contractor fails to conform to the provisions in this section "Water Pollution,Control" as determined by the Engineer. MAINTENANCE To ensure the proper implementation and functioning of control measures, the Contractor shall regularly inspect and maintain the construction site for the control measures implemented. The Contractor shall identify corrective actions and time needed to address any. deficient measures or reinitiate any measures that have been discontinued. PAYMENT Full compensation for conforming to the provisions in this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. The Engineer will retain an amount equal to 25 percent of the estimated value of the contract work performed during estimate periods in which the Contractor fails to conform to the provisions in this section "Water Pollution Control" as determined by the Engineer. Retentions for failure to conform to the provisions in this section "Water Pollution Control" shall be in addition to the other retentions provided for in the contract. The amounts retained for failure of the Contractor to conform to the provisions in this section will be released for payment on the next monthly estimate for partial payment following the date that water pollution control measures have been implemented or corrected has been implemented and maintained and water pollution is adequately controlled, as determined by the Engineer. 10-1.04 PRESERVATION OF PROPERTY Attention is directed to the provisions in Section 7-1.11, "Preservation of Property,' of the Standard Specifications and these special 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 or caused to fall by reason of the contractor's operations, shall be replaced by the Contractor as directed by the Engin I eer. 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 I ires trees to be replaced at a 3.1 ratio. This may vary depending on the size and species of the tree, shrub I or other plants removed. In addition, the Contractor shall post a security cash bond in the amount of$2,040 plus an additional $200 per tree in excess of three trees, $100 per shrub, and an amoutit 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. 10-1.05 COOPERATION Attention is directed to Section 7-1.14, "Cooperation," and Section 8-1.10, "Utility and Non- Highway Facilities," of the Standard Specifications. 50 ...................................................................-... ...............111.11.111,111,.......... ................................................ 10-1.06 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 California(USA) 1-800-227-2600 It is anticipated that the following utility facilities will be relocated prior to the dates shown: Utility Location Date Intersection of"Alfaro Avenue"& July 20, California Cities: "Solano Avenue" 2004 150mm Nater Main Intersection of"Alfaro Avenue"& July 20, "Poinsettia Avenue" 2004 California Citites: Intersection of"Siino Avenue& July 20, 200mm Water Main Solano Avenue 2004 PG&E Intersection of Siino Avnue & July 20, 50mm Gas line I Solana Avenue 2004 In the event that the utility facilities mentioned above are not relocated by the date specified and, if in the opinion of the Engineer, the Contractor's operations are delayed or interferedwith by reason of the utility facilities not being relocated by the date specified, the State will compensate the Contractor for the delays to the extent provided in Section 8-1.09, "Right of Way Delays," of the Standard Specifications, and not otherwise, except as provided in Section 8-1.10, "Utility and Non-Highway Facilities," of the Standard Specifications. 10-1.07 TEMPORARY FENCE Temporary fence shall be furnished,constructed, and maintained, as shown on the plans, as specified in these special provisions and as directed by the Engineer. A temporary chain link fence with privacy slats shall be installed as shown on the plans. Except as otherwise specified in this section, temporary fence shall conform to the plan details and the specifications for permanent fence of similar character as provided in Section 80, "fences, " of the Standard Specifications. Used materials may be installed provided the used materials are good, sound and are suitable for the purpose intended, as determined by the Engineer. Galvanizing and painting of steel items will not be required. Concrete footings for metal posts will not be required. Temporary fence that is damaged during the progress of the work shall be repaired or replaced by the Contractor at the Contractor's expense. The Contractor shall not remove the fence unless directed by the Engineer. 51 The temporary fence with privacy slats will be measured and paid for in the same manner specified for permanent fence of similar character as provided in Section 80, "Fences, of the Standard Specifications. 10-1.08 CONSTRUCTION AREA TRAFFIC CONTROL DEVICES Flagging, signs, and all other traffic control devices furnished, installed, maintained, and removed when no longer required shall conform to the provisions in Section 12, "Construction Area Traffic Control Devices," of the Standard Specifications and these special provisions. Category 1 traffic control devices are defined as those devices that are small and lightweight (less than 100 pounds), and have been in common use for many years. The devices shall be known to be crashworthy by crash testing, crash testing of similar devices, or years of demonstrable safe performance. Category 1 traffic control devices include traffic cones, plastic drums, portable delineators, and channelizers. If requested by the Engineer, the Contractor shall provide written self-certification for crashworthiness of Category 1 traffic control devices. Self-certification shall be provided by the manufacturer or Contractor and shall include the following: date, Federal Aid number (if applicable), expenditure authorization, district, county, route and kilometer post of project limits; company name of certifying vendor, street address, city, state and zip code, printed name, signature and title of certifying person; and an indication of which Category 1 traffic control devices will be used on the project. The Contractor may obtain a standard form for self-certification from the Engineer. Category 2 traffic control devices are defined as those items that are small and lightweight (less than 100 pounds), that are not expected to produce significant vehicular velocity change, but may otherwise be potentially hazardous. Category 2 traffic control devices include: barricades and portable sign supports. Category 2 devices shall be on the Federal Highway Administration(FHWA)Acceptable Crashworthy Category 2 Hardware for Work Zones list. This list is maintained by FHWA and can be located at the following internet address: http://safety..fhwa.dot.gov/fourthlevel/hardware/listina.cfm?code=workzone. The Department maintains' a secondary list at the following internet address: http://www.dot ca goo/htl/traffops/signtech/signdelfpdf htm. Category 2 devices shall be labeled with the FHWA acceptance letter number and the name of the manufacturer by the start of the project. The label shall be readable. Category 2 devices without a label shall not be used on the project. If requested by the Engineer, the Contractor shall provide a written list of Category 2 devices to be used on the project at least 5 days prior to beginning any work using the devices. For each type of device, the list shall indicate the FHWA acceptance letter number and the name of the manufacturer. Full compensation for providing self-certification for crashworthiness of Category 1 traffic control devices and for providing a list of Category 2 devices used on the project and labeling Category 2 devices as specified shall be considered as included in the prices paid for the various contract items of work requiring the use of the Category 1 or Category 2 traffic control devices and no additional compensation will be allowed therefor. 10-1.09 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. 52 Attention is directed to the provisions in "Prequalified and Tested Signing and Delineation Materials" of these special provisions. Type II retroreflective sheeting shall not be used on construction area sign panels. The Contractor shall notify the appropriate regional notification center for operators of subsurface installations at least 2 working days, but not more than 14 calendar days, prior to commencing excavation for construction area sign posts. The regional notification centers include,but are not limited to, the following: Notification Center Telephone Number. Underground Service Alert-Northern 1-800-642-2444 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. The Contractor may be required to cover certain signs during the progress of the work. Signs that are no longer required or that convey inaccurate information to the public shall be immediately covered or removed, or the information shall be corrected. Covers for construction area, signs shall be of sufficient size and density to completely block out the complete face of the signs. The retroreflective face of the covered signs shall not be visible either during the day or at night. Covers shall be fastened securely so that the signs remain covered during inclement weather. Covers shall be replaced when they no longer cover the signs properly. Note 4 in the first paragraph of Section 12-3.06A, "Stationary Mounted Signs," of the Standard Specifications is amended to read: 4. The post embedment shall be 2.5 feet backfill with native material. Compact by tamping. Construction Funding Signs Construction funding signs will be furnished by the County. The Contractor shall furnish two sign posts per sign and install the signs at the locations designated by the Engineer. The construction funding signs shall be placed in conjunction with construction area signs. These signs shall be maintained by the Contractor throughout the project construction. Damaged construction funding signs shall be replaced by the contractor at his/her expense. These signs shall be salvaged and returned to the County upon completion of the project. Signs shall be picked up and delivered to the County sign shop at 2475 Waterbird Way, Martinez, California, Monday through Thursday by appointment only. Call (925) 313- 7000 a minimum of 48 hours in advance for appointment. Full compensation for pickup, installing, maintaining, removing, salvaging; and returning County furnished signs shall be considered as included in the contract lump sum price for construction area signs and no separate payment will be made therefor. Payment for construction area signs will be made in increments of the contract lump sum price for this item of work in the following manner: Initial Increment: 60 percent of the lump sum price upon satisfactory completion of installation of signs. 53 Final Increment: Balance of the lump sum price upon satisfactory completion of removal of signs. Note 4 in the first paragraph of Section 12-3.06A, "Stationary Mounted Signs," of the Standard Specifications is amended to read: 4. The post embedment shall be 0.8-meters Backfill with native material. Compact by tamping. 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. The Contractor shall place barricades at the ends of each block of Alfaro Avenue and Siino Avenue to prevent public traffic from traveling on the unfinished roadway when work is not in progress during the contract. Lane closures shall conform to the provisions in section "Traffic Control System for Lane Closure" of these special provisions. Personal vehicles of the Contractor's employees shall not be parked on the traveled way including any section closed to public traffic. 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. Local authorities are defined as, but not limited to, Contra Costa Sheriffs 'Department, California Highway Patrol, local Fire Department, United States Post Office, local waste management companies Emergency .Response Companies and/or all businesses or regular users whose ability to perform their daily job will be affected by road closures,detours or general work by the Contractor. Whenever vehicles or equipment are parked on the shoulder within 6 feet of a traffic lane,the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at 25 feet intervals to a point not less than 25 feet past the last vehicle or piece of equipment. A minimum of 9 cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted on a portable sign stand with flags. The sign shall be placed where designated by the Engineer. No construction equipment or construction materials shall be parked or stockpiled within 10 feet of a traffic lane along when construction operations are not actively in progress. A minimum of one paved traffic lane, not less than 10-feet wide shall be open for use by public traffic on the public streets adjacent to the work site. When construction operations are not actively in progress,not less than 2 of these lanes shall be open to public traffic. 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 listed elsewhere in these special provisions. 54 The provisions in this section will not relieve the Contractor of responsibility for providing additional devices or taking measures as may be necessary to comply with the provisions in Section 7-1.09, "Public Safety," of the Standard Specifications. STATIONARY LANE CLOSURE 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. 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 the various items of work that require flagging and no separate payment will be made therefor. 10-1.11 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 pians. 10-1.11A COLD PLANE ASPHALT CONCRETE PAVEMENT Existing asphalt concrete pavement shall be cold planed at the locations and to the dimensions shown on the plans. Planing asphalt concrete pavement shall be performed by the cold planing method. Planning of the asphalt concrete pavement shall not be done by the heater planing method. Cold planing machines shall be equipped with a cutter head not less than 750 mm in width and shall be operated so that no fumes or smoke will be produced. The cold planing machine shall plane the pavement without requiring the use of a heating device to soften the pavement during or prior to the planing operation. The depth, width, and shape of the cut shall be as indicated on County Standard Plan CA 51 i or as designated by the Engineer. The final cut shall result in a uniform surface conforming to the typical cross sections. The outside lines of the planed area shall be neat and uniform. Planing asphalt concrete pavement operations shall be performed without damage to the surfacing to remain in place. Planed widths of pavement shall be continuous except for intersections at cross streets where the planing shall be carried around the corners and through the conform lines. Following planing operations, a drop-off of more than 45 mm will not be allowed between adjacent lanes open to public traffic. Where transverse joints are planed in the pavement at conform lines no drop-off shall remain between the existing pavement and the planed area when the pavement is opened to public traffic. If 55 asphalt concrete has not been placed to the level of existing pavement before the pavement is to be opened to public traffic a temporary asphalt concrete taper shall be constructed. Asphalt concrete for temporary tapers shall be placed to the level of the existing pavement and tapered on a slope of 1:30 (Vertical: Horizontal) or flatter to the level of the planed area. Asphalt concrete for temporary tapers shall be commercial quality and may be spread and compacted by any method that will produce a smooth riding surface. Temporary asphalt concrete tapers shall be completely removed, including the removal of loose material from the underlying surface, before placing the permanent surfacing. The removed material 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. Operations shall be scheduled so that not more than 7 days shall elapse between the time when transverse joints are planed in the pavement at the conform lines and the permanent surfacing is placed at the conform lines. The material planed from the roadway surface, including material deposited in existing gutters or on the adjacent traveled way, shall be removed and 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. Removal operations of cold planed material shall be concurrent with planing operations and follow within 15 m of the planer, unless otherwise directed by the Engineer. Cold plane asphalt concrete pavement will be measured by the square meter. The quantity to be paid for will be the actual area of surface cold planed irrespective of the numberof passes required to obtain the depth shown on the plans. Tapered keycut conforms will be measured and paid for as Cold Plane Asphalt Concrete Pavement. The contract price paid per square meter for cold plane asphalt concrete pavement shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in cold planing asphalt concrete surfacing and disposing of planed material, including furnishing the asphalt concrete for and constructing, maintaining, removing, and disposing of temporary asphalt concrete tapers, as specified in the Standard Specifications and these special provisions and as directed by the Engineer. 10-1.11B UTILITY CROSSING The storm drain system crosses in close proximity to the existing sewer system in three (3) locations. This situation necessitates the placement of a rubber pad as detailed on the plans. All excavation within two meters either side of the crossing shall be done by hand. Utility crossing shall be constructed as shown on the plans and as specified in these special provisions. The contract unit price paid for utility crossing shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved in utility crossing complete in place, as shown on the plans, as specified in and these special provisions, and as directed by the Engineer. 10-1.12 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. The shed and concrete foundations shown on the plans on Siino Avenue shall be removed. Vegetation shall be cleared and grubbed only within the excavation and embankment slope lines. 56 Existing trees, shrubs and other plants that are to be removed as shown on the plans or specified in these special provisions, shall be removed only after the County Environmental Department inspects and determines that the trees, shrubs, and plants are free of any nesting birds. Activities controlled by the Contractor, except cleanup or other required work, shall be confined within the graded areas of the roadway except as noted on the plans. The contract lump sum price paid for clearing and grubbing shall include frill compensation for removing the concrete foundation and driveway between Sta. 3+84 & 3+95 and no additional compensation will be allowed therfor. 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 top rovide 18 feet of clearance over roadways and 8 feet of clearance over sidewalks or walkways. All roots exposed in trench and roadway excavation shall be cut neatly at the excavation line in accordance with recognized standards of good arboricultural practices. The provisions of the last paragraph of Section 16-1.03, "Construction," of the Standard Specifications are amended to also include the trimming and treating of roots of trees and shrubs that are to be left in place. 10-2.12A REMOVE CONCRETE CURB AND SIDEWALK The contractor shall remove and dispose the concrete curb and sidewalk at the ends of each new roadway segment to the limits shown on the plans. The contract price paid per square meter for Remove Concrete Curb and Sidewalk shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved in removing and disposing Concrete Curb and Sidewalk including sawcutting at the conforms, as shown on the plans, as specified in the Standard Specifications and these special provisions and as directed by the Engineer. 10-1.2.3 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 1 > 5.5 >7.3) z Water Soluble Sulfate < 0.2% Resistivity(R) 1 > 3000 ohm cm 1 Per California Test 532&643. 2 For backfill around metal pipe/conduit. 3 Reported as SO4. 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 and these special provisions. 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 min before removing the 57 ......... ......... ......... ......... ......... ......._. .... __._ ..... ...._...... ......... ........ .... .................... . .. ...... ......... ....................................... __...._............._.................................................................................................... _................................................ surfacing. Full compensation for cutting 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. Full compensation for grading area to drain between Stations 3+84 and 3+95 as shown on the plan view shall be considered as included in the contract unit price paid per cubic meter for Roadway Excavation and no separate payment will be made. 10-1.13A LEAD CONTAMINATED SOIL Earthwork involving materials containing lead shall conform to the previsions in "Earthwork` and this section "Lead Contaminated Soil" of these special provisions. Contaminated material has been identified in the initial site investigation report on Siino Avenue between Poinsettia and Fairview Avenues as shown on the "Hazardous Sail Excavation Plan" on Sheet 2 of the plans. Soils at this site have been identified as either Resource Conservation Recovery Act (RCRA) hazardous waste or non-RCRA hazardous waste. Contaminated material may be RCRA hazardous or non-RCRA-hazardous depending upon the soluble concentrations of lead. RCRA hazardous waste is material that has a lead soluble concentration greater than 5.0 mg/L using the Toxicity Characteristic Leaching Potential (TCLP) extraction procedure and requires the disposal facility to do additional stabilization procedures prior to permanent disposal at a ClassI Disposal Site. If the excavated' material contains lead in average concentrations (1) greater than or equal to 1000 mg/kg Total Lead, or (2) greater than or equal to 5.0 mg/L Soluble Lead, as tested using the California Waste Extraction Test, and the material is surplus, then the excavated material is a non-RCRA hazardous. Non-RCRA hazardous waste is material that does not require additional stabilization,but is still considered hazardous and must be disposed at a Class I disposal site. A initial Site Investigation' Report produced by Subsurface Consultants, Inc is available for inspection at the Public Works Department, 255 Glacier Drive, Martinez, 'CA 94553, Monday - Thursday(7:00a m. — 12 Noon and 1:00 p.m.— 5:00 p.m.)(closed Fridays). The full Site Investigation Report, produced by Geocon Consultants, Inc, should be available for inspection by May 8, 2004 at the Public Work Department. RCRA and non-RCRA materials are identified and located as shown on the plans. These materials are hazardous waste regulated by the State of California and shall be transported to and disposed of at a Class I Disposal Site. Materials excavated from these areas shall be transported by;a hazardous waste transporter registered with the Department of Toxic Substances Control using the required procedures for creating a manifest of materials. The vehicles used to transport the hazardous materials shall conform to the current certifications of compliance of the Department of Toxic Substances Control. LEAD COMPLIANCE PLAN The Contractor shall prepare a project specific Lead Compliance Plan to prevent or minimize worker exposure to lead while handling material containing lead contamination. Attention is directed to Title 8, California Code of Regulations, Section 1532.1, "Lead," for specific Cal-OSHA requirements when working with lead. The Lead Compliance Plan shall contain the elements listed in Title 8, California Code of Regulations, Section 1532.1(e)(2)(B). Before submission to the Engineer, the Lead Compliance Plan shall be approved by an Industrial Hygienist certified in Comprehensive Practice by the American Board of Industrial Hygiene. The Plan shall be submitted to the Engineer for review and acceptance at least 5 days prior to beginning work in areas containing lead contamination. Prior to performing work in areas containing lead, personnel who have no prior training or are not current in their training status, including State personnel, shall complete a safety training 58 program provided by the Contractor. The safety training program shall meet the requirements of Title 8, California Code of Regulations, Section 1532.1, "Lead." Personal protective equipment, training, and washing facilities required by the Contractor's Lead Compliance Plan shall be supplied to State personnel by the Contractor. The number of State personnel will be one (1). The Engineer will notify the Contractor of acceptance or rejection of any submitted or revised Lead Compliance Plan not more than 5 days after submittal of the plan. The contract lump sum price paid for Lead Compliance Plan shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in preparing and implementing the Lead Compliance Plan, including paying;the Certified Industrial Hygienist, and for providing personal protective equipment, training and medical surveillance, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. EXCAVATION AND TRANSPORTATION PLAN Within 7 days after approval of the contract, the Contractor shall submit 3 copies of the Excavation and Transportation Plan to the Engineer. The Engineer will have 5 days to review the Excavation and Transportation Plan. If revisions are required, as determined by the Engineer, the Contractor shall revise and resubmit the Excavation and Transportation Plan within 3 days of receipt of the Engineer's comments. The Engineer will have 3 days to review the revisions. Upon the Engineer's approval of the Excavation and Transportation Plan, 3 additional copies of the Excavation and Transportation Plan incorporating the required changes shall be submitted to the Engineer. .Minor changes or clarifications to the initial submittal may be made and attached as amendments to the Excavation and Transportation Plan. In order to allow construction to proceed, the Engineer may conditionally approve the Excavation and Transportation Plan while minor revisions or amendments to the Plan are being completed. The Contractor shall prepare a written, project specific Excavation and Transportation Plan establishing the procedures the Contractor will use to comply with requirements for excavating, transporting, and placing (or disposing) of material containing lead. The Excavation and Transportation Plan shall conform to the regulations of the Department of ToxicSubstance Control and the California Division of Occupational Safety and Health Administration (Cal-OSHA). The plan shall contain,but not be limited to the following elements: A. Excavation schedule (by location and date) B. Dust control measures C. Transportation equipment and routes D. Method for preventing spills and tracking material onto public roads E. Site for disposal of hazardous waste F. Spill Contingency Plan for material containing lead DUST CONTROL Excavation, transportation, placement, and handling of materials containing lead shall result in no visible dust migration. The Contractor shall have a water truck or tank on the job site at all times while clearing and grubbing andlperforming earthwork operations in work areas containing lead. MATERIAL TRANSPORTATION Prior to traveling on public roads, loose and extraneous material shall be'removed from surfaces outside the cargo areas of the transporting vehicles and the cargo shall be covered with tarpaulins, or other cover, as outlined in the approved Excavation and Transportation Plan, The Contractor shall 59 be responsible for costs due to spillage of material containing lead during transport. The Department will not consider the Contractor a generator of these hazardous materials, and the Contractor will not be obligated for further cleanup, removal, or remedial action for such materials handled or disposed of in conformance with the requirements specified in these special provisions and the appropriate State and Federal laws and regulations and county and municipal ordinances and regulations regarding hazardous waste. DISPOSAL Materials containing lead shall be disposed of within California. The disposal site shall be operating under a permit issued by the California Environmental Protection Agency (Cal-EPA) Boards. The Engineer will obtain the Environmental Protection Agency (EPA) Generator Identification Number for hazardous material disposal. The Engineer will sign all hazardous waste manifests. The Contractor shall notify the Engineer five days before the manifests are to be signed. MEASUREMENT AND PAYMENT The contract price paid per cubic meter for Roadway Excavation (Contaminated soil, non- RCRA) and Roadway Excavation (Contaminated soil, RCRA) shall include full: compensation for furnishing all labor, materials, tools, equipments and incidentals and for doing all the work involved in removing and disposing lead contaminated materials including preparing an approved Excavation and Transportation Plan and any supplemental testing and stabilization required by the disposal site, and disposal fees, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. 10-1.13B REMOVE PAINT CHIPS Paint chips within the limits shown on the plans shall be removed and disposed as non-RCRA hazardous waste with the non-RCRA lead contaminated soil. The contract lump sum price paid for Paint Chip Removal shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved in removing paint chips, including disposal at a Class I Disposal Site, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. 10-1.14 AGGREGATE BASE Aggregate base shall be Class 2 and shall conform to the provisions in Section 26, "Aggregate Bases," of the Standard Specifications and these special provisions. The restriction that the amount of reclaimed material included in Class 2 aggregate base not exceed 50 percent of the total volume of the aggregate used shall not apply. Aggregate for Class 2 aggregate base may include reclaimed glass. Aggregate base incorporating reclaimed glass shall not be placed at locations where surfacing will not be placed over the aggregate base. 10-1.15 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 CaliforniaTest methods 366 and. 36'7. 60 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 4004. 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 B conforming to the grading for the 12.5mm maximum, medium grading, except as modified by the following: PERCENT PASSING> Sieve Size Operating Range Contract Compliance 75 urn 6-9 3-11 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. Prime coat shall be liquid asphalt, SC-74, and shall be applied a minimum of 12 hours prior to paving. The rate of application shall be 1.15 liters per square meter. Full compensation for said prime coat shall be considered as included in the contract price paid per tonne for asphalt concrete and no additional compensation will be made therefor. Asphalt concrete placed in the top layer of the surfacing shall be obtained from only one asphalt plant. The provisions in Section 39-6.42, "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.' 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: 61 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. Asphalt concrete shall be compacted to achieve an air permeability of 200 ml/min. or less when tested by Contra Costa County Test Method No. 341. Pavements exhibiting air permeability greater than 200 ml/min. will require the following remedial action: AIR.PERMEABILITY REMEDIAL ACTION` (ML/MIN) 0-200 None required 200-1500 Rejuvenator application —rate of 0.23 to 0.91 l/rn diluted 2 parts rejuvenator to 1 part water applied with a distributor calibrated in accordance with Test Method No. Calif. 339. A sand bottle may also be required with rates of rejuvenator and sand to be determined by the Engineer 1500-3000 Type 11 slurry seal in accordance with S.S. Seca 37-2, "Slurry Seal" 3000+ Pavement removal and replacement to be determined by the en 'neer. Unless specified otherwise on the plans, in the special provisions or directed by the Engineer, an application of asphalt rejuvenator such as "reclamite" or equal, as required above, shall be applied before the road improvements will be accepted as complete. The rejuvenator shall not be applied until pavement temperature is greater than 27° C nor before a period of one mouth following initialpaving. The amount of rejuvenator to be applied will be determined by tests performed by the County. During remedial acion for pavement, 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 no start remedial action 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 remedial action 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 remedial action required for pavement, including all necessary traffic control, shall be considered as included in the contract prices paid for the various items of work involving asphalt concrete and no separate payment will be made therefore. Full compensation for saw cutting at the asphalt concrete conforms prior to excavation shall be considered as included in the contract prices paid for the various items-of work involving asphalt concrete and no separate payment will be made therefor. Asphalt concrete used in paving over storm drain trenches in areas of existing' pavement shall not be measured. Full compensation for furnishing, placing and compacting asphalt concrete over storm drain trenches in these areas shall be considered as included in the various items of work involving storm drains and no additional compensation will be allowed therefor. 10-1.16 MINOR CONCRETE STRUCTURES Portland cement concrete structures shall conform to the provisions in Section 51, "Concrete Structures," of the Standard Specifications and these special provisions. The provisions of Section 51-1.02, „Minor Structures," and Section 90-10, "Minor Concrete," of the Standard Specifications, shall apply except as modified herein. 62 Drainage inlets,sidewalk cross drains and manholes are classified as minor.structures. Inlet structures shall not be precast. Filter material for weepholes shall be concrete aggregate conforming to the provisions in Section 90-2.0.2, "Aggregates," of the Standard Specifications. The grading limits of the combined aggregate for filter material shall be those for the 25 mm Max. grading in Section 903.04, "Combined Aggregate Gradings,,, of the Standard Specifications. The grading limits for the combined aggregate grading for aggregate used in Portland cement concrete shall be those for the 25 num Max. grading in Section 90-3.04, "Combined Aggregate Gradings," of the Standard Specifications. When a drainage inlet is constructed in two or more segments, with a construction joint at the pavement sub-grade, and the portion of the inlet above the joint is constructed monolithically with the curb and sidewalk, the concrete for the upper portion of the inlet shall be the same class as is used for the curb and sidewalk. The provisions of Section 51-1.18B, "Class 1 Surface Finish," of the Standard Specifications, are modified as follows: In lieu of the provisions of the first sentence of the second paragraph requiring sanding,the surfaces to receive a Class 1 Surface Finish shall be finished with a neat cement wash or with a brush coat or surface film of thin cement mortar composed of one part Portland cement and one part of fine sand that will pass through a 1.18 mm sieve. The contract unit price paid for minor strictures shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all work involved in constructing the minor structures complete in place, including structure excavation and structure backfill; furnishing and placing bar reinforcing steel and miscellaneous iron and steel (including metal frames and covers, and frames and grates), sawcutting, furnishing and placing sacked filter material for weepholes, transition concrete ditch, and doing all the work necessary to construct the minor structures complete in place,as shown on the plans, as specified in the Standard Specifications and these special provisions,and as directed by the Engineer. 10-1.17 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. Type N„ Type P, and Type R marker panels mounted on a post with a roadside sign shall be considered to be sign panels and will not be paid for as markers. The contract unit price paid for Roadside Sign shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved in Roadside Sign complete in place, including all signs on the post, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer 10-1.18 ALTERNATE PIPE The Contractor has the option of installing either (a) Corrugated Polyethylene Pipe (HDPEP), or Reinforced Concrete Pipe (RCP)Class III. Alternative pipe culvert will be measured in the field and paid for as 450-millimeter alternative pipe. The contract unit price paid per meter for alternative pipe shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved in installing the pipe complete in place, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. 63 10-1.19 PLASTIC PIPE Plastic pipe shall conform to the provisions in Section 64, "Plastic Wipe," of the Standard Specifications and these special previsions. Section 64-1.01, "Plastic Pipe,"of the Standard Specifications is modified as follows. All references to corrugated interior walled plastic pipe is deleted. All corrugated plastic pipe shall have smooth interior walls regardless of the material type. Installed pipe shall be tested to ensure that vertical deflections for plastic pipe do not exceed the maximum allowable deflection. Maximum allowable deflections shall be governed by the mandrel requirements stated herein and shall nominally be: 1) 3 percent of the maximum average ID for ABS or PVC Composite Pipe. 2) For all plastic pipe other than ABS or PVC Composite Pipe, the percentage listed of the maximum average ID shall be as follows: Nominal Pipe Size Percentage Deflection Allowed' Up to and including 300 mm 5.0 Over 300 to and including 750 mm 4.0' 1.30 days minimum after installation The maximum average ID shall be equal to the average OD per applicable ASTM Standard minus two minimum wall thickness per applicable ASTM Standards. Manufacturing and other tolerances shall not be considered for determining maximum allowable deflections. Deflection tests shall be performed not sooner than 30 days after completion of placement and compaction of backfill. The pipe shall be cleaned and inspected for offsets and obstructions prior to testing. For all pipes 600 mm ID or smaller, the Contractor shall supply a mandrel to be pulled through the pipe by hand to ensure that maximum allowable deflections have not been exceeded. Prior to use, the mandrel shall be certified by the Engineer. Use of an uncertified mandrel or a mandrel altered or modified after certification will invalidate the test. If the mandrel fails to pass, the pipe will be deemed to be overdeflected. Unless otherwise permitted by the Engineer, any overdeflected pipe shall be uncovered and, if not damaged, reinstalled. Damaged pipe shall not be reinstalled, but shall be removed from the Work site. Any pipe subjected to any method or process other than removal, which attempts, even successfully, to reduce or cure any overdeflection, shall be uncovered, removed from the Work site, and replaced with new pipe. The mandrel shall: 1) Be a rigid, nonadjustable, odd-numbered-leg (9 legs minimum) mandrel having an effective length not less than its nominal diameter. 2) Be fabricated of steel, be fitted with pulling rings at each end, be stamped or engraved on some segment other than a runner indicating the pipe material specification, nominal size, and mandrel OD (e.g.,PVC, D 3034-200 mm -187.1 mm; ABS Composite D 2680-254 mm 243.4 mm); and be furnished in a suitable carrying case labeled with the same data as stamped or engraved on the mandrel The maximum average ID shall be measured in the field prior to installation. for pipe ID's nominally greater than 600 to 900 mm, deflections shall be determined by a method submitted to and approved by the Engineer. If a mandrel is selected, the minimum diameter, length and other requirements shall conform to the dimensions and requirements as stated above. Deflection measurement for ID's nominally larger than 900 mm shall be determined using a 25 mm diameter rigid, Agency certified, nonadjustable metal bar; a minimum radius rigid template; or by a method approved by the Engineer. 64 Full compensation for furnishing mandrel and performing deflection testing, including redemption for overdeflected pipe, whether it is removed and reset or replaced, shall be considered as included in the contract price paid for alternative pipe and no additional compensation will be allowed therefor. 10-1.20 REINFORCED CONCRETE PIPE Reinforced concrete pipe shall conform to the provisions in Section 65, "Reinforced Concrete Pipe," of the Standard Specifications and these special provisions. Except as otherwise designated by classification on the plans or in the specifications, joints for culvert and drainage pipes shall conform to the plans or specifications for standard joints. When solid rock or other unyielding material is encountered at the planned elevation of the bottom of the bedding, the material below the bottom of the bedding shall be removed to a depth of 1150 of the height of the embankment over the top of the culvert, but not less than 150 mm nor more than 300 mm. Theresultingtrench below the bottom of the bedding shall be backfilled with structure backfill material in conformance with the provisions in Section 19-3.06, "Structure Backfill,,' of the Standard Specifications. The contract unit price paid per linear meter for"Reinforced Concrete Pipe (Class 111)", shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved in installing reinforced concrete pipe complete in place, including the installation of Class 111, concrete backfill as shown on the plans, as specified in the Standard Specifications and these special provisions, and as direct by the Engineer. 10-1..21 MISCELLANEOUS CONCRETE CONSTRUCTION Concrete curbs, sidewalks, gutter depressions, island paving, curb ramps (wheelchair ramps), ditches and driveways shall conform to the provisions in Section 73, "Concrete Curbs and Sidewalks," of the Standard Specifications,except as modified herein. The second paragraph of Section 73-1.01, "Description," of the Standard Specifications is amended to read: Such work shall be constructed of minor concrete conforming to the provisions in Section 90-10, "Minor Concrete," except as follows: The maximum size of aggregate used for miscellaneous concrete construction shall be 25 mm. No deviation in shape and design of curb ramps and driveways with sidewalk from the standard plans will be allowed, unless such deviations are noted on the construction plans. The contractor shall utilize screed boards or templates to guide the casting of the curb ramps and driveways with sidewalk to the dimensions shown on the appropriate standard plan or construction plan. Free forming of these facilities will not be allowed. 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. The quantities of aggregate base placed under concrete curbs, sidewalks, depressions and curb ramps will be measured and paid for as aggregate base. 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. 13 reinforcing gars. Two No. 13 bars shall be used to dowel new curb to existing curb, otherwise No. 13 bars shall be spaced at 1 meter maximum intervals in doweling new and existing concrete. Embedment shall be 150 mm minimum into both the new and existing concrete. 65 NOTE: Bar numbers approximate the number of millimeters of the nominal diameter of the bars. 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. Curb ramps and sidewalks which are contiguous with curb will be measured from a point 150 mm behind the face of curb. Curbs shall include curb transitions and depressions along driveways and curb ramps. 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 73-1.45, "Curb Construction," shall apply. Expansion joints will be required. In lieu of the provisions in Sections 73-1.47, "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. The contract price paid per square meter for Minor Concrete(Sidewalk) shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved in Minor Concrete (Sidewalk) complete in place, including the concrete retaining curbs, as shown on the plans, as specified in the Standard Specifications and these special provisions, ;and as directed by the Engineer. 10-1.22 SURVEY MONUMENTS Survey Monuments shall conform to the provisions in Section 81, "Monuments", of the Standard Specifications and these special provisions. Setting survey monuments shall include installing covers, frames, and monument cores in accordance with County Standard Plan CA40i. 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 16,004 pounds. The Contractor shall notify the Engineer at least three working days prior to installation in order to arrange for establishment of reference points. The Contractor shall coordinate the work with that of the County's survey crew. The contract unit price paid for survey monument shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved in constructing the survey monument, complete in place, including frames and covers, granular material, excavating and backfilling holes, portland cement concrete jacket and core, cone, felt, and disposing of surplus excavated material,as shown on the plans,as specified in the Standard Specifications and these special provisions,and as directed by the Engineer. 10-1.23 TRAFFIC STRIPES AND PAVEMENT MARKINGS Traffic stripes and pavement markings shall conform to the provisions in Section 84, "TRAFFIC STRIPES AND PAVEMENT MARKINGS," of the Standard Specifications and these special provisions. Thermoplastic striping shall not be applied using handcart methods. The first paragraph of Section 84-2.05, "Measurement," of the Standard Specifications is amended to read: 66 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: 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. 10-1.24 PAVEMENT MARKERS Pavement markers shall conform to the provisions in Section 85, "PAVEMENT MARKERS," of the Standard Specifications and these special provisions. Sections 85-1.08, "Measurement," and 85-1.09, "Payment," of the Standard Specification are modified by the following: Full compensation for pavement markers which are shown on traffic stripe details shall be considered as included in the contract prices paid per linear meter for traffic stripe details and no separate payment will be made therefor. Pavement markers which are not shown on traffic stripe details will be measured and paid for in accordance with Sections 85-1.08 and 85-1.09 of the Standard Specifications. SECTION 10-2.00 LIGHTING Lighting, and Electrical Systems shall conform to the provisions in Section 86 „Signals, Lighting and Electrical Systems" of the Standard Specifications and these Special provisions. 10-2.01 STANDARDS,STEEL PEDESTALS AND POSTS Sheet steel shall have a minimum yield of 331,200kpa. All lighting standards shall have a minimum of 53mm and a maximum of 78mrn of grout installed between the bottom of the base plate and the finish grade. 10-2.02 CONDUIT Conduit which is installed underground shall be rigid,nonmetallic type,Schedule 40. All conduits shall enter a pullbox with a 90-degree elbow, unless permitted otherwise by the Engineer. All conduits shall have a 6mm pullrope installed in them. After conductors have been installed,the ends of conduits terminating in pull boxes shall be sealed with a sealing compound approved by the Engineer. Conduit runs shown on the plans to be located behind curbs may be installed in'the street. Conduit runs shall not be located behind the sidewalk. All pull boxes shall be located behind the curb or at the locations shown on the plans. 67 ­­­­.............I..................................................................................................................................................................................................................... ....................................................... Trenching for conduit installation within the street section is PERMITTED if delay to any vehicle will not exceed 10 minutes, The top of the installed conduit shall be a minimum of 30O, mm below finish grade in the street section. The trench shall be backfilled with commercial quality concrete When rigid non-metallic conduit is placed in a trench other than in the street section, and after the bedding material is placed and conduit installed,the trench shall be backfilled with PCC Slurry. No native material backfill will be permitted. The conduit in a foundation and between a foundation and the nearest pullbox shall be the rigid non- metallic type. 10-2.03 PULLBOXES Grout in the bottom of pull boxes will not be required. Pullbox sumps shall be.constructed from 41mm minimum clean/washed river run rock. All pull boxes shall be "PCC Type", unless permitted otherwise by the Engineer. Recesses for suspension of ballasts will not be required. 10-2.04 CONDUCTORS AND WIRING At least I M of slack shall be provided in each conductor in all pullboxes. Straight splices in multiple lighting conductors shall be insulated in conformance with Method B, tap splices in signal neutral and multiple lighting conductors shall be Type C, and conductors shall be spliced by the use of C-shaped compression connectors; as shown on State Standard Plan ES-13. Conductor shall not be pulled into conduits until the pull boxes have been set to grade,rock sumps have been installed, and conduits have been bonded and grounded. All pullboxes I shall be inspected and approved prior to pulling any conductors. Conductors shall not be pulled into conduits unless the Engineer is present to observe the operation. 10-2.05 SERVICE The Contractor shall pay all required utility fees and costs related to providing electric service connections at the site of the work. The Contractor shall be reimbursed by the County for the full amount of the fees actually paid PG&E. 10-2.06 PAYMENT The contract unit price paid for Lighting (Street) shall include full compensation for famishing all labor, materials, tools, equipment and incidentals and for doing all the work involved in installing Lighting (Street) and electrical system complete in place, including all pullboxes, trenches, conduit, electrical wiring, service connection and other miscellaneous equipment and materials as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. BLmrn 0:1GrpOuta\DesignlCTSPEC\OlspeesWorth Broadway Area Revitalization Phue Ill.doc 68 ........... ............................................. .. ................................................................................................................................... 1111111.1.1 ....I...............................................I......... ..................................................I ............................................................................................-I''',''''.... ........................................................................................................................................................................................ ........................................................................................... .......... CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT']& PROPOSAL AND CONTRACT FOR NORTH BROADWAY AREA INFRASTRUCTURE PROGRAM PHASE PROJECT NO: 0662-684141-02 00= aft 4 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: June 8,2004 FOR PRE-BID INFORMATION CONTACT: Adelina Macias (925)313-2305 FOR PLAN HOLDER'S LIST CALL (925)313-2000 ................................................................ .................................................. � y TABLE OF CONTENTS PROPOSAL ................................................................................. .......................1 SUBCONTRACT INFORMATION ..................................................... ......................6 TITLE 23 SECTION 112 NON-COLLUSION AFFIDAVIT ......................... ......................7 SIGNATUREOF BIDDER .........................I............................I........ ... ................8 SAMPLEBIDDER'S BOND ............................... ............................ ....................9 LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR/SUPPLIER/MANUFACTURER/TRUCKER/SUBCONSULTANT ............10 VERIFICATION OF PERFORMANCE SUBCONTRACTOR/SUPPLIER/MANUFACTURER/TRUCKER/SUBCONSULTANT ............11 WARRANTY AND REPAIR AGREEMENT ................................................................12 SAMPLECONTRACT .................................................................... ...................13 SAMPLEPERFORMANCE BOND ..................................................... . ...................17 SAMPLEPAYMENT BOND ............................................................. ...................18 NORTH BROADWAY AREA INFRASTRUCTURE PROGRAM PHASE3 PROJECT NO. 0662-684141.-02 Bids Due: June 8, 2004 To the ;Board of Supervisors of Contra Costa County' Martinez, California PROPOSAL FOR NORTH BROADWAY AREA INFRASTRUCTURE PROGRAM PHASE 3 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 matte 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: I Y { Item Bid Item Description Unit Quantity Unit Price Total (in No. (in Figures) Figures) 1 Trench Shoring and Protection M 18 2 Temporary Chain Link Fence(w/privacy slats) M 15 3 Construction Area Suns LS 1 4 Traffic Control System LS 1 5 Cold Plane Asphalt Concrete Pavement M2 444 6 Remove Concrete Curb And Sidewalk M2 284 7 Clearing and Grubbing LS 1 8 Roadway Excavation (F) M3 1615 9 Roadway Excavation(Contaminated Sail non-RCRA) (F M3 66 10 Roadway Excavation (Contaminated Sail RCRA F M3 28 11 Lead Compliance Plan LS 1 12 Paint Chi2 Removal LS 1 13 Class 2 Aggregate Base TONNE 2421 14 Asphalt Concrete(Type B, 12.5m Maximum Gradin TONNE 733 15 IMinor Structure,(Type A Inlet EA 12 16 Minor Structure(Type 11 Manhole Base with Top,,Slab) EA 4 17 Minor Structure(Sidewalk Cross Drain) EA 2 18 Roadside Sign(Metal Past) EA 41 19 450mm Alternate Pipe M 66 20 450mm Reinforced Concrete Pipe Class 111 M 46 21 Minor Concrete S1-150 curb M 900 22 'Minor Concrete(Sidewalk) M2 1098 23 Utility Crossing EA 3 24 Survey Monument EA 6 25 Thermoplastic Traffic Stripe(300mm 4 White) M 44 26 IThermoplasitc Traffic Stripe Detail 22 M 135 V--tPhermoplastic Pavement Marking M2 18 28 Lighting (Street) EA 5 TOTAL 2 The statement of prevailing wages appearing in the Equipment Rental Rates and General Prevailing Wage Rates is hereby specificallyreferred to and by this reference is made a part of this contract. Itis 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 Beard 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. 3 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 antici -ated levels of MBE Participation: 14% WBE Participation: 6% The bidder i required to subcontract the following minimum percentage of its bid: Mandatory Subcontracting 25 % Minimum (MSM) Requirement NOTE: Outreach Program information and/or assistance may be obtained through the County's Affirmative Action Office at (925) 335-10454 4 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 dues 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 {.5th°1o} of the total bid or $10,000, whichever is greater in accordance with the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code. 5 2 � .7 = 2 tj / 2 � 0 � � o � 2 . � . . _ ■ 7 415, m , 7 . � . o . . ■ � k$ . . � . "NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID" being first duly sworn,deposes and says (?dame) that he or she is of (Title,position in Company) (/Name of Company) the party malting 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,fiu-ther, 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) 7 For bids exceeding$25,000, accompanying this proposal is a Proposal Guaranty in the amount of Ten 00)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 farm. If bidder or other interested person is an individual, state first and last name in full. Licensed to do or subcontract all classes of work involved in the project, in accordance with an act providing for the registration of contractors, License No. Class: (Expires )• By my signature on this proposal I certify, under penalty of perjury under the laws of the State of California, that the foregoing information is true and correct. Date: (Signature of Bidder) Business address Place of residence Date 20 8 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 f TRUCKER/SURCONSULTAN'T 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\Design\CTSPEC\PROPOSALUtrintent.doc Revised Effective 8/3/2000 10 Contra Costa County OUTREACH PROGRAM Affirmative Action Office 651 Pine Street,Martinez,CA 94553 (925)335-1045 Fax(925) 646-1353 VERIFICATION OF PERFORMANCE SUBCONTRACTOR/SUPPLIERIMANUFACTURERiTRUCKERISUBCONSULTANT 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 47 and#8 by attaching a written explanation. 10. Signature Position/Title Date 11. Name of Person Completing this Fora? 12. f i Company Name Phone Number FAX Number 11 WARRANTY AND REPAIR AGREEMENT To (Agency): The undersigned agrees to repair and/or replace all improvements installed as part of NORTH BROADWAY AREA INFRASTRUCTURE PROGRAM PRASE 3 0662-684141-02 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 iAgency. 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:1GrpData\Design\CTSPECIPROPOSAL\MAINT.doc 7/30/98 12 SAMPLE CONTRACT (Contra Costa County Standard Form Construction Agreement) 1.SPECIAL TERMS. These special terms are incorporated below by reference, (See Secs.2,3) Parties: Public Agency-- Contra Costa County Contractor-- Use complete legal name of Contractor. Effective Bate: (see Section 4 for starting date.) (See Sec,3) Project Name Pro}.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 STAT'EMEN'TS.)) (a) By (b) Within working/calendar((eircle the appropriate word))days from starting date. (See Sec.5) Liquidated Damages: $ per calendar day. (See Sec.5) 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 See.8) Federal Taxpayer's I.D.or Social Security No. 2. SIGNATURES&ACKNOV�LEDt~a$MENT. Public Agency,By: Maurice M.5hiu, Public Works Director Contractor,hereby also certifying awareness of and compliance with Labor Code Sections 1851 and 3700 concerning Workers' Compensation Law, By: (Designate official capacity in the business) By: (Designate official capacity in the business) Note to Contractors 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 1 190 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/theirsignature(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) 13 3.WORK CONTRACT CHANGES. (a) By their signatures in Section 2,effective on the above date,these parties promise and agree as set forth in this contract,incorporating by these references the material in Section 1,SPECIAL TERMS. (b) Contractor shall,at his own cost and expense,and in a workmanlike 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 cast, 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'indication of defective or missing work or of late-recorded notices of liens or claims against Contractor. 9. INSURANCE. (Labor Code Secs. 1860-61) On signing this contract,Contractor must give Public Agency (1) a certificate of consent to self- insure issued by the Director of Industrial Relations,or (2) a certificate of Workers'Compensation insurance issued by an admitted insurer,or (3) an exact copy of duplicate thereof certified by the Director or the insurer. Contractor is aware of and complies with Labor Code Section 3700 and the Workers' Compensation Law. 10. BONDS. On signing this contract Contractor shall deliver to Public Agency for approval good and sufficient bonds with sureties,in amount(s) specified in the specifications or special provisions, guaranteeing his faithful performance of this contract and his payment for all labor and materials hereunder. 14 I L 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 atter 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 3813,concerning prevailing wages and hours,shall apply to this agreement as though fully stipulated herein. 13. SUBCONTRACTORS, Public Contract Code Sections 4100-4114 are incorporated herein. 14. WAGE RATES, (a) Pursuant to Labor Code Section 1773,the Director of the Department of Industrial Relations has ascertained the general prevailing rates of wages per diem,and for holiday and overtime work,in the locality in which this work is to be performed,for each craft,classification,or type of workman needed to execute this contract,and said rates are as specified in the call for bids for this work and are on 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. l-IQURS4OF LABOR. Eight hours of labor in one calendar day constitutes a legal day's work,and no workman employed at any time on this work by the Contractor or by any subcontractor shall be required or permitted to work longer thereon except as provided In Labor Code Sections 1810-1815. 16. APPRENTICES. Properly indentured apprentices may be employed on this work in accordance with Labor Code Sections 1777.5 and 1777,6, forbidding discrimination. 17. DESIRE TO PROMOTE ECONOW 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. I8. ASSSMMENT. 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 WAIVERBY I?LTSLIC AGENCY. Inspection of work and/or materials,or approval of work and/or materialstnspected,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. 15 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 front the hazard of caving ground during trench excavation. 22. RECORD RETENTION. Except for records delivered to Public Agency, Contractor shall retain, for a period of at least five years after Contractor's receipt of the final payment under this contract,all records prepared in the performance of this contract or otherwise pertaining to the work, including without limitation bidding,financial and payroll records. Upon request by Public Agency,Contractor shall stake such records available to Public Agency,or to authorized representatives of the state and federal governments,at no additional charge and without restriction or limitation on their use. 23. CONFLICT WITH BID. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this contract and the bid or proposal of said Contractor,then this contract shall control and nothing herein shall be considered as an acceptance of said terms of said proposal conflicting herewith. 24. USE OF PRIVATE PROPERTY. Contractor shall not use private property for any purpose in connection with the work absent a prior,written agreement with the affected property owner(s). ((Use Sections 25&26 only on CALTRANS-supervised projects.)) 25. CQNTROL 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 AjND WAGE RATES. The statement of prevailing wages appearing in the Equipment Rental hates and General Prevailing Wage Rates is hereby specifically referred to and by this reference is made a part of this contract. \it FORM APPROVED by County Counsel. (CC-1;Rev.3-95) G:\GrpData\Design\CTSPEC\PROPOSAL\Sameontr.doc 5/1/01 16 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 17 SAMPLE PAYMENT BOND -- PUBLIC WORK [Civ. Code Sees. 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. 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G� THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on May 4, 2004 by the following vote: AYES: SUPERVISORS GIOLA, UILKEMA, GREENBERG, DESAULNIER AND GLOVER NOES: NONE ABSENT: NONE ABSTAIN: NONE RESOLUTION NO. 20041226 SUBJECT: Approve and Authorize the Public Works Director to fully',close all of South Wedgewood Road and Dougherty Road between the Bollinger',Canyon Road loop from May 5,2004 through November 15,2004 for 24 hours a day,for the purpose of the necessary grading for Gale Ranch Phase III,construction of Stoneleaf Road(Road Improvement Agreement RA 1152) and Dougherty Road Bridge replacement (RA 1157), San Ramon (Dougherty Valley) area. (District III) RC-04-4 The conditions of approval for Subdivision 8306 require Shapell Industries to maintain the existing Dougherty Road between the Bollinger Canyon Road loop, until the ultimate six-lane Dougherty Road is constructed through Gale Ranch Phase 4. Grading operations for this season include the construction of the new Stoneleaf Road (RA 1152) from Wedgewood Road to future Ivyleaf Springs Road at existing Dougherty Road, which will be the interim Dougherty Road. Concurrently, the existing Dougherty Road Bridge will be replaced with a new 2-lane bridge. To accommodate the proposed construction, Dougherty Road will need to be closed for six months. Traffic will use Bollinger Canyon Road, as an alternate route, for the north-south connection. IT IS BY THE BOARD RESOLVED that permission is granted to Shapell Industries of Northern California to temporarily close South Wedgewood Road and Dougherty Road between the Bollinger Canyon Road loop, from May 5, 2004 through November 15, 2004 for 24 hours a day, subject to the following conditions: I hereby certify that this is a true and correct copy of an action sGsm taken and entered on the minutes of the Board of Supervisors on G.�GrpData\EngSvc\BO\2004105-04-04VRC 04-4 BO.doc the date shown. Originator: Public Works(APC) Contact: Bob Hendry(335-1375) ATTESTER: MAY 04, 2004' cc: CHP JOHN SWEETEN,Clerk of the Board of Supervisors and County Sheriff-Patrol Div.Commander Administrator City of San Ramon 5000 Crow Canyon Road San Ramon,CA 94583 By ,Deputy .RESOLUTION NO.2004/ 226 SUBJECT: Approve and Authorize the Public Works Director to fully close all of South Wedgewood Road and Dougherty Road between the Bollinger Canyon Road loop from May 5,2004 through November 15,2004 for 24 hours a day,for the purpose of the necessary grading for Cale Ranch Phase a construction ofStoneleafRoad(Road Improvement Agreement RA 1152) and Dougherty Road Bridge replacement(RA 1157), San Ramon(Dougherty Valley)area. (District III) DATE: May 4 , 2004 PAGE: 2 1. Shapell Industries shall obtain a road closure permit for the Dougherty Road Closure and shall obtain an encroachment permit for all work within the existing public right of way. 2. All work shall comply with road improvement plans: RA 1152 (Stoneleaf Road), and RA 1157 (Dougherty Road Bridge Replacement). 3. Traffic will be detoured via Bollinger Canyon Road. 4. All signing to be in accordance with the State of California Manual of Traffic Controls. 5. Shapell Industries of Northern California shall comply with the requirements of the Ordinance Code of Contra Costa County. 5. Have on file with the County Public Works Department at the Application and Permit Center a Certificate of Insurance in the amount of$1,000,000 for Comprehensive General Public Liability which names the County as an additional insured. 7. Obtain approval for the closure from the Sheriff's Department,the California Highway Patrol and the Fire District. 8. Progress reports and construction schedules shall be submitted by the applicant to the Public Works Department every two weeks during road closure. N n� r .. i f Y� tom- W i cp G akY r LA a s s ............................................... ._....... ......... ......... ............._. .. . . __ .. ... .. ..... ........._...._..._............._..._._. .._....... ......... ......... TO: BOARD OF SUPERVISORS SO S 0 3 FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: May 4, 2004 SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with Sycamore Environmental Consultants,Inc.,effective February 1,2004 to increase the payment limit by$1,000 to a new payment limit of$51,000 for Byron Highway South Shoulder Improvements-Invertebrate Survey and Wetland Delineation Project,Byron area.(Measure C Return to Source Funds)(District III}Project No. 0662-6R4224 Specific Request(s)or Recommendation(s)&Background&Justification I. RECOMMENDED ACTION: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with Sycamore Environmental Consultants,Inc.,effective February 1,2004 to increase the payment limit by $1,000 to a new payment limit of$51,000 for Byron Highway South Shoulder Improvements-Invertebrate Survey and Wetland Delineation Project, Byron area. IL FISCAL IMPACT: The cost for the payment increase is $1,000 funded by Measure C Return to Source Funds. Continued on Attachment: X SIGNATURE- RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON MAY 04, 2004 APPROVED AS RECOMMENDED XX OTHER VOTE OF SUPERVISORS XX UNANIMOUS(ABSENT NONE ) I hereby certify that this is a true and correct AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the date shown. TT:cmm G:\GrpData\EngSvc\ENVIRO\E 0\2004\ (05-04-04)CSA-Sycamore Env(Byron HwySouth-Wetland Survey)Amend#I.doc � �� 2004Orig.Div:Public Works(Environmental) ATTESTED: r Contact: L.Chavez(313-2366) JOHN SWEETEN, Clerk of the Board of cc: E.Kuevor,County Administrator Supervisors and County Administrator Auditor-Controller L.Chavez,Environmental T.Torres,Environmental By 'Deputy SUBJECT: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute a contract amendment with Sycamore Environmental Consultants,Inc.,effective February 1,2004 to increase the payment limit by$1,000 to a new payment limit of$51,000 for Byron Highway South Shoulder Improvements-Invertebrate Survey and Wetland Delineation Project,Byron area.(Measure C Return to Source Funds) (District III)Project No. 0662-6R4224 DATE: May 4, 2004 PAGE: 2 III. REASONS FOR RECOMMENDATION/BACKGROUND: The amendment of the Consulting Services Agreement is needed to assist Public Works Department staff with specialized surveys for the Byron Highway South Shoulder Improvements project. IV. CONSEQUENCES OF NEGATIVE ACTION: If the Consulting Services Agreement is not amended, it will delay the completion of environmental compliance and/or obtain required permits causing delays in construction and repair. y_ CONSULTING SERVICES AGREEMENT Number AMENDMENT AG `"EENIENT# 1 FundtOrg# 1523 Account 1. Identification of Contract to be Amended. other# Number. Consulting Services Agreement with Sycamore Environmental Consultants, Inc Effective Date: March 1, 2002 to June 30, 2004 Department: Public Warks Department Subject: Byron Highway South Shoulder Improvements- Invertebrate Survey and Wetland delineation Consultant Duties Project No. 0662-684224 Payment Limit(s): $50,000 2. Parties. The County of Contra Costa, California (County),for its department named above, and the following namedConsultant mutually agree and promise'as follows: Consultant blame: Sycamore Environmental;Consultants, Inc Capacity: Consultant Address: 6355 Riverside Blvd.., Suite C Sacramento, CA 95831 3. Amendment Date. The effective date of this Contract Amendment/Extension Agreement'is February 1. 2004. 4. Amendment Specifications. The Contract identified above is hereby amended as follows: i. Payment Limit Increase 5. Amendment Payment Limit.' Increase the payment limit by$1,000 from $50,000 to the new total payment limit of $51-000 6. S„ ianatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA CONSULTANT Public Agency Sycamore Environmental Consultants (t) Byle- By int'name) MdukiM Shiu Public Works Director z (S` atu and business ca city) RECO MENDED FOR APPRCTV' : B (2) eye 7 / C� ce Sell ren �Zfprintg name) Environmental 46 neer611e�9, r (Signature ano b stn% c parity) Note to Contractor:For corporations(profit or nonprofit),the contract must be signed by two officers. Sign mu !fiat o: president orvice president and Signature 8 must>ba that of the secretary or assistant secretary(Civil Code Section 1190 and Corporations Code Section 313). All signatures roust be acknowledged as set forth on page two CADocuments and Settings\cynthiahLocai Settingffemporary lntemet FilesIOLKCD\Sycamore Enviro(ByronHwySouthSurveys)Amend(#1).doc Page•i of 3 .......................................................................................I............................. ........................................................... ................. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of !,!9/-X01 0XA1,09 OPTIONAL SECTION County of SI-W&179�AITri CAPACITY CLAIMED BY SIGNER On/00/?//-/F-�O�before me, CA!F b6L &eaea Though statute does not require the No"to fill DATE NAME,TITLE OF OFFICER E.G.,"JANE DOE,NOTARY PUBLIC" In the daft below,doing so may prove Invaluable personally appeared 601-1$11W ZI)7Z Z )C)f�&Ycj- 41M9 to persons relying on the document. NAME(S)OF SIGNER(S) INDIVIDUAL pememsffj*meym_l;o=e-OR- proved to me on the basis of satisfactory evidence to CORPORATE OFFICER(S) be the person(s)whose names)Ware subscribed to TITLES) the within instrument and acknowledged to me that lietshefthey executed the same in 4WAmMheir PARTNER(S) LIMITED authorized capacity(les), and that by +r~their signature(s) on the instrument the person(s) or the GENERAL entity upon behalf of which the person(s) acted, ATTORNEY-IN-FACT executed the instrument. TRUSTEE(S) GUARDIAN/CONSERVATOR WITNESS my hjnd and official seal, OTHER: C SIGNER IS REPRESENTING-. SIGNATURE OF NOTARY (NAME OF PERSON(S)OR ENTITY(tES)) OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the data below is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. 1. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as itis typed or printed. 11. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signers interest in the property must De stated. Ill. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have the authority to sign for an Bind the partnership. IV. SIGNATURES FOR CORPORATIONS Documents should be signed by E05 officers, one from each of the following two groups: GROUP 1. a T Chair f the Board b�The President o President �c Any Vice-President GROUP 2. a)The Secreta b j An Assistantlecreta% C The Chief Financial 0 icer Id The Assistant Treasurer If siginatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of the Board of Directors authorizing the person signing the instrumentto execute instruments of the type in question is required. A currently valid power of attorney, notarized,will suffice. Notarization of only one corporate signature or signatures from only one group, must contain the following phrase: "...and acknowledQed to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Director!;." JC:MW C L DeL 8ROCCO Commission# 1384115 Notary Public - California z> Sacramento County r My Comm.Expires Nov 10,2006 ............................................ ........ AMENDMENT No. 2 CONSULTING SERVICES AGREEMENT PROJECT NAME: Vasco Road Safety Improvements Study Project No.: 0676-6P4118-03 1. Parties: Effective on February 1, 2004, the County of Contra Costa, a political subdivision of the State of California, hereinafter referred to as "Public Agency," and Nolte Associates Inc., hereinafter referred to as "Consultant," mutually agree and promise as follows: A. To increase contract payment Limits by$30,000. 2. Purpose: The parties desire to amend the agreement they entered into effective December 9, 2003, and amended January 20 2004, entitled "Consulting Services Agreement,":hereinafter referred to as the "Agreement." The Agreement is to provide engineering analysis and recommendations for potential safety improvements along Vasco Road in the Brentwood area. This amendment is necessary to reimburse the Consultant for additional work beyond the original scope of work. 3. Amendment(s) to Agreement: Amend Section 1(e): Payment Limits to $405,000. 4. Remaining Provisions: Except for the changes made by this Amendment, all provisions of the Agreement shall remain in full force and-effect. 5. &&natures: These signatures attest the parties' agreement to this Amendment. PUBLIC AGENCY CONSULTANT By: By: A . . E Maur iu (Des n to official capacity in the business) Public Works Director By: By: C F v (D signate officia apacity in the b iness) Note to Consultant: For corporations, the contract must be signed by two o iters. 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 treasure. (Civ. Code, Sec. 1190 and Corps. Code, Sec. 313). The acknowledgement below must be signed by a Notary Public. CERTIFICATE OF ACKNOWLEDGEMENT State of California, ) )ss. County of SGGrr1) On this date written below, before me,the undersigned Notary Public, personally appeared the person(s) signing above for Consultant, personally known to metI ie basis of s9timutO ems) to be the person(s) whose name(s) mare subscribed to the within instrument and acknowledged to me that hie/they executed the same in ft?fi /their authorized capacity(ies), and that by mer/their signature(s) on the instrument the person(s) or the entity upon behalf of which the person(s) acted, executed the instrument. ,,,,,,,, RICK GARCES Witness my hand and official seal. Commisstonf 1338= Notary PubHo-CaRfomie Sacramento County MAy Comm.t xpi n 0W22,2= Dated: �( t� [Notary's Seal] NOTARY PUBLIC APPROVED AS TO FORM: SILVANO B. MARCHESI County Counsel G:\GrpData\TransEng\2004\BO-TE\80 Vasco Rd-Nolte 2nd amend agreement.doc kN ::: ::..::........:.:..::::• v, TO: BOARD OF SUPERVISORS FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR DATE: May 4, 2004 SUBJECT: APPROVE Amendment No.2 to the Consulting Services Agreement with Nolte Associates Inc. Project No.:0676-6P4118-03 (Vasco Safety Improvements) District III SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION E. Recommended Action: APPROVE and AUTHORIZE the Public Works Director, or designee, to execute Amendment No.2 to the Consulting Services Agreement with Nolte Associates Inc. effective February 1, 2004 to increase the payment limit by $30,000 to a new payment limit of$105,000 to provide engineering services and recommendations for potential safety improvements along Vasco Road, for a total payment limit of $405,000 for additional engineering services, engineering analysis to provide recommendations for safety improvements on Vasco Road and design services for State Route 4 Bypass, Segment 3, East County. (Local Road Funds and Developer Fees), Brentwood area. nhmt=nt- X .19innnittirtai- - RECOMMENDATION OF COUNTY ADMINIS R R RECOMMENDATION OF BOARD COMM'ITTE —APPROVE OTHER. SIGNATURE S - ACTION OF BOARD ON MAY 04, 2004 APPROVED AS RECOMMENDED xx OTHER VOTE OF SUPERVISORS XX UNANIMOUS(ABSENT NONE } AYES: NOES: ASSENT: ABSTAIN: I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: MAY 04, 2004 Jahn Sweeten, Clerk of the Board of Supervisors Bi;-je GATransEng=04180-TE\80Vasco Rd-Nolte 2ndamend.doc and County Administrator G:tGrpData\TransEngtBtlt\TEMPl80 Vasco Rd-Nolte 2nd amend 4-29-04,doc Orig DIV: Public Warks(Transportation Division) Contact: Bill Fernandez 393-2294 cc: E.Kuevor,CAD Auditor-Controller By Community Development ' PW Accounting Deputy Construction SUBJECT: APPROVE Amendment No.2 to the Consulting Services Agreement with Nolte Associates Inc. Project No.:0676-6P4118 DATE: May 4, 2004 PAGE: 2 11. Financial Impact: This contract amendment allows for an additional $30,000 above the previously amended contract to $105,000 to provide engineering services and recommendations for potential safety improvements along Vasco Road,for a total payment limit of$405,000 for additional engineering services, engineering analysis to provide recommendations for safety improvements on VascoRoad and design services for State Route 4 Bypass, Segment 3. The Vasco Road Safety Investigation is funded' with local Read Funds. There is no impact to the General Fund. 111. Reasons for Recommendations ons and Back-ground: Vasco Road has been the source of much controversy and scrutiny regarding perceived safety issues. Nolte Associates Inc. has been hired to impartially review and assess the existing road geometry, make recommendations and produce cost estimates for potential,safety improvements. Due to additional work requested in public forum, the scope of work has expanded and the original 'budget has been exceeded.This amendment will allow Nolte to be reimbursed for incurred expenses and allow the study to continue. IV. Consequences of Negative Action: If the amendment is not approved, the project will be delayed.