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HomeMy WebLinkAboutMINUTES - 05232006 - C.22 .......... ` CONTRA TO: THE BOARD OF SUPERVISORS, CONTRA COSTA COUNTY, =- CALIFORNIA AS EX OFFICIO THE GOVERNING BODY OF THECONTRA COSTA COUNTY FIRE PROTECTION DISTRICT °t °` tis COSTA FROM: MICHAEL J. LANGO, DIRECTOR OF GENERAL SERVICES sTq... COUNTY DATE: MAY 23, 2006 SUBJECT: APPROVE BID DOCUMENTS AND AUTHORIZE ADVERTISEMENT FOR BIDS FOR PAVING REPAIRS AT THE TRAINING CENTER/FIRE STATION NO. 10, 2955 TREAT BOULEVARD, CONCORD FOR THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT (WW0518) CP#06-18 SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION 1. APPROVE the bid documents for paving repairs at the Training Center/Fire Station No. 10, Concord, including the Plans, Technical Specifications, and General Conditions. 2. DETERMINE that the project is a California Environmental Quality Act (CEQA) Class 1c Categorical Exemption; DIRECT the Director of Community Development, or designee, to file a Notice of Exemption with the County Clerk; and DIRECT the Director of General Services, or designee, to arrange for payment of the $25 handling fee to the County Clerk for filing the Notice of Exemption and a $25 handling fee to Community Development for administration processing costs. 3. AUTHORIZE the General Services Director, or designee, to advertise for bids to be received on June 29, 2006 at 2:00 p.m. and to issue bid Addenda, as needed, for clarification of the contract bid documents, provided the involved changes do not significantly increase the cost estimate for the initial construction contract. FINANCIAL IMPACT Funding is budgeted in the Contra Costa County Fire Protection District budget. The estimated construction cost is $246,000. BACKGROUND The Contra Costa County Fire Protection District has evaluated the condition of the pavement at the District's facilities and enacted an ongoing program of repairing and/or replacing pavement that is deteriorated or damaged. The Training Center/Fire Station No. 10 facility was identified as one of the facilities with pavement in need of repair and replacement. CONTINUED ON ATTACHMENT: X YES SIGN RECOMMENDATION OF COUNTY ADMINISTRATOR RECO MMENDATION O COMMITTEE ✓APPROVE OTHER SIGNATURES: //�—1 o ACTION OF BO R ON o APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS UNANIMOUS(ABSENT AYES: NOES: ABSENTS: ABSTAIN: MEDIA CONTACT:MICHAEL J.LANGO(313-7100) Originating Dept.:General Services Department cc: General Services Department I HEREBY CERTIFY THAT THIS ISA TRUE Capital Projects Management Division AND CORRECT COPY OF AND ENTERED ON THE MINUTES ACTION TAKEN OF THE BOARD Accounting OF SUPERVISORS OV THE DATE SHOWN. CPM File: 225-0601/B.4.1 A _ 225-0601/A.5 ATTESTED �J County Administrator's Office JOHN QLLAN,CLERY,OF THE BOARD OF SUPERVISORS County Counsel AND COUNTY ADMINISTRATOR Auditor Controller Contra Costa County Fire Protection District(via CPM) BY DEPUTY Consultant(via CPM) H:\2006\2250601\06G001009b.doc SJ:TB Page 1 of 2 M382(10/88) APPROVE BID DOCUMENTS AND AUTHORIZE May 23, 2006 ADVERTISEMENT FOR BIDS FOR PAVING REPAIRS AT THE TRAINING CENTER/FIRE STATION NO. 10, 2955 TREAT BOULEVARD, CONCORD FOR THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT Bid documents and specifications have been prepared by Luk and Associates for the Contra Costa County Fire Protection District and filed with the Clerk of the Board by the Director of General Services. The cost estimate for the initial construction contract is $246,000, and the prevailing rate of per diem wages is on file with the Clerk of the Board of Supervisors pursuant to the statutes of the State of California and applicable local law, which shall be the minimum rates paid on this project. Upon the Board's authorization, the Clerk of the Board will publish a Notice to Contractors in accordance with Section 22037 of the Public Contract Code, inviting bids for the work. The Director of General Services, or designee, will mail notices to the construction trade journals specified in Section 22036 of the Public Contract Code at least 30 days before the bid opening date. H:\2006\2250601\06G001009b.doc Page 2 of 2 M382(10/88) x•j cctlegals@cctimes.co To: EShar@cob.cccounty.us .::.> m cc: C=>. : Subject: Re: PAVING REPAIRS AT TRAINING CENTER FIRE STATION NO,. 05/23/2006 10:33 AM 10 Please respond to cctlegals PLEASE NOTE: All of our offices will be closed Memorial Day, Monday, May 29, 2006 . Early deadlines are in effect this week. The email that you have just sent has been received by the Legals Desk for Contra Costa Times, Concord Transcript and Contra Costa Sun. Legal Notices will be processed based on the next available deadline (or requested publication date) ; and prices will be provided w/in the formal e-mail confirmations. If you are requesting general information, we will respond as soon as possible. Thank you. Emelda Sharp To: cctlegals@cctimes.com cc: " � 05/23/2006 10:24 AM Subject: PAVING REPAIRS AT TRAINING CENTER FIRE STATION NO,. 10 Dear Anashia, Please publish the above NOTICE TO CONTRACTORS, Re: PAVING REPAIRS AT TRAINING CENTER FIRE STATION NO. 10, in your CONTRA COSTA TIMES, under our REF No. 1168, on MAY 30, 2006. Thanks for your attention. PAVING REPAIRS AT THE TRAINING CENTER FIRE STATION NO Emelda L. Sharp Clerk of the Board 1, sE t LEGAL PUBLICATION REQUISITION ,2 .p, `404z Contra Costa County hUSr'9 COSJK� Vp FROM: Clerk of the Board TO: Contra Costa Times 651 Pine St., Room 106 P.O. Box 4718 Pine Street, Martinez 94.553 Walnut Creek, CA 94596 FAX No. 925-943-8359 Requested by: EMY L. SHARP Date: MAY_�23 2006 Phone No.: 925-335-1903 Reference No.: 1168 Org.: Sub Object: 2190 Task:SAS Activity: WW0518 Publication Date (s) MAY 30, 2006 No. of Pages: (4) LEGAL PUBLICATION PAVING REPAIRS AT TRAINING CENTER/FIRE STATION NO. 10 - 2955 TREAT BLVD. , CONCOR'DLE' "E-MAIL" ** Immediately upon expiration of publication, *** send in one affidavit for each publication in order that the auditor may be authorized to pay you bill. Authorized Signature: Please confirm date of publication and eceipt of this fax. GENERAL SERVICES DEPARTMENT CAPITAL PROJECTS MANAGEMENT DIVISION 1220 MORELLO AVENUE, SUITE 100, MARTINEZ 94553 Notice is hereby given by order of the Board of Supervisors of Contra Costa County, that the Director of General Services will receive bids for the furnishing of all labor, materials, equipment, transportation and services for: PAVING REPAIRS AT TRAINING CENTER/FIRE STATION NO. 10 AT 2955 TREAT BOULEVARD, CONCORD FOR THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT Authorization No. WW0518 Bid proposals shall be sealed_and shall be submitted to the Director of General Services, Capital Projects Mannement Division Office, 1220 Morello Avenue, Suite 100, Martinez 94553-4711, on or before the 29"' day of June, 2006 at 2:00 p.m., and will be opened in public immediately after the time due in the Capital Projects Management Division Conference Room, 1220 Morello Avenue, Suite 100, Martinez, California 94553-4711. The estimated construction contract cost is $246,000.00. The prime contractor for this project shall hold a valid Class A General Engineering Contractor license. This work includes but is not limited to earthwork, site utilities, site drainage, paving and striping. Each bid is to be in accordance with the drawings and specifications on file at the Office of the Clerk of the Board of Supervisors, First Floor, County Administration Building, 651 Pine Street, Martinez, California. The drawings and specifications may be examined at the County Capital Projects Management Division office, 1220 Morello Avenue, Suite 100, Martinez, California 94553-4711. Drawings and specifications (not including documents included by reference) and proposal forms, may be obtained by prospective bidders at the County Capital Projects Management Division office, upon payment of a printing and service charge in the amount of $25.00 (sales tax included) which amount shall not be refundable. Drawings and specifications may be ordered by mail for an additional shipping and handling fee of $10.00. Cash purchases are to be for the exact amount only. Checks shall be made payable to "The County of Contra Costa" and may be mailed to the Capital Projects Management Division, 1220 Morello Avenue, Suite 100, Martinez, California 94553-4711. The Capital Projects Management Division does not guarantee the arrival of the drawings and specifications in time for bidding. Drawings and specifications will not be sent overnight mail. No partial sets will be issued. Prospective bidders may obtain copies of the County's log of contractor plan holders on the web at httD:// ww.co.contra-costa_ca_us/depart/,gsd/planhold/PlanHoldList.htm (updated daily at 4:00 p.m.), or by calling the Capital Projects Management Division at (925) 313-7200, or by submitting a written request via FAX No. (925) 313-7299. Requests for copies of the plan holders log cannot be accepted after 5:00 p.m. of the day before the bids are due. Technical questions regarding the contract documents should be directed to the Capital Projects Management Division at telephone number (925) 313-7200. Each bid shall be made on the bid form issued with the specifications, and must be accompanied by bid security in the form of cash, a certified check, cashier's check, or bid bond in the amount of ten percent (10%) of the base bid amount, made payable to "The County of Contra Costa". The bid security shall be given as a guarantee that the bidder will enter into a contract if awarded the work, and will be forfeited by the bidder and retained by the County if the successful bidder refuses, neglects or fails to enter into said contract or to furnish the necessary bonds and insurance certificates after being requested to do so by the County. Bidders are hereby notified that securities may be substituted for any monies withheld by the County of Contra Costa to ensure performance under the construction contract, in accordance with Public Contract Code Section 22300 and the General Conditions of the Contract. Such securities shall be valued by the County Treasurer-Tax Collector, whose decision shall be final. Also, types of securities which are not listed in Government Code Section 16430 or Public Contract Code Section 22300 must be approved as eligible for investment under Public Contract Code Section 22300 by the County Treasurer-Tax Collector before bid opening. Unless such securities are prequalified before bid opening, they shall not be accepted by the County as security. The successful bidder will be required to furnish a Payment Bond in an amount equal to one hundred percent (100%) of the Contract price and a Faithful Performance Bond in an amount equal to one hundred percent (100%) of the Contract price, said bonds to be secured from an admitted surety insurer authorized by the Insurance Commissioner to transact business of insurance in the State of California. Each bond shall be issued on the form set forth in the specifications. Bidders are hereby notified that pursuant to the Statutes of the State of California, or local law applicable thereto, the said Board has obtained the general prevailing rate of per diem wages and rates for legal holidays and overtime work in the locality in which this work is to be performed for each type of worker or mechanic required to execute the contract which will be awarded to the successful bidder. The prevailing rate of per diem wages is on file with the Clerk of the Board of Supervisors. The Contra Costa County Board of Supervisors encourages opportunities to develop and support Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs), Small Business Enterprises (SBEs), Local Business Enterprises (LBEs), and Disabled Veterans Business Enterprises (DVBEs) by providing opportunities for participation in the performance of construction contracts financed in whole or in part with County funds. MBE, WBE, SBE, LBE, and DVBE definitions and detailed information are included in Division E of the Specifications. A pre-bid conference will be held on Wednesday, June 7, 2006, at 2:00 p.m., in the Contra Costa County Capital Projects Management Division office, 1220 Morello Avenue, Suite 100, Martinez, California. Discussion will cover recommended outreach efforts, resources and any other subjects of interest to attendees: ' A pre-bid inspection tour will be held on Tuesday, June 13, 2006. The inspection tour will be conducted on this date by a representative of the County's Capital Projects Management Division. The tour will begin promptly at 9:00 a.m., on the paving near the northwest corner of the Apparatus Building behind Fire.Station No. 10, 2955 Treat Boulevard, Concord. 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. Bids may not be-withdrawn for period of 60 days after the date set for opening thereof. BY ORDER OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY JOHN CULLEN, Clerk of the Board of Supervisors and County Administrator By: EMY L. SHARP Deputy Dated: MAY 23, 2006 PUBLICATION DATES: MAY 30, 2006 "Terry Brophy" To: "Eshar@Cob.Co.Contra-Costa.Ca.Us\(E-mail\)" <tbrophy@gsd.cccoun <eshar@cob.co.contra-costa.ca.us> t us> cc: "AnaMaria Cortez\ E-mail\ '<acort@gsd.co.contra-costa.ca.us> Subject: Notice to Contractors 05/22/2006 09:18 AM Please have the attached published in the Contra Costa Times as soon as possible after the Board approves it tomorrow. The item number is C. 22. 1 will fax you over a hard copy The project bids on June 29th and our pre-bid conference is Wednesday, June 7th. Please have it advertised by Tuesday, May 30th at the latest. Thank you. Terry Brophy Lead Specialist Extension 3-7201 LA 06G001012x.doc O S T A COUNTY RECEIVED e^ ,0ener"al . artment ae p Michael J. Lango r JUN 2 6 2006 Director MANAGEMENT p' Terry Mann �l CLERK BOARD OF-SUPERVISORS t De u Director •::'__ q CONTRA COSTA CO. P Rob Lim, PE Manager TRANSMITTAL DATE: June 22, 2006 TO: ALL PLANHOLDERS FROM: Steve Jordan, Senior Capital Facilities Project Mana�& SUBJECT: PAVING REPAIRS AT TRAINING CENTER/FIRE STATION NO. 10 AT 2955 TREAT BOULEVARD, CONCORD FOR THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT (WW0518); Addendum No. 1 We are sending you via FAX: Item Copies Dated Description 1 1 6/22/06 Addendum No. 1, one 8'/2 x 11 inch page COMMENTS: Please include the attached addendum with your set of drawings and specifications for the subject project. All prime bidders are required to acknowledge receipt of this addendum on their bid forms. SJ:tb File: 225-0601B.4.3 1220 Morello Avenue, Suite 100 • Martinez, CA 94553 (925)313-7200 Phone •(925) 313-7299 Fax H:\2006\2250601\06GO01026t.doc 225-0601B.4.3 June 22, 2006 ADDENDUM NO. 1 TO: Prospective Bidders FROM: Contra Costa County General Services Department Capital Projects Management Division 1220 Morello Avenue, Suite 100 Martinez, CA 94553-4711 (925) 313-7200 PROJECT: PAVING REPAIRS AT TRAINING CENTER/FIRE STATION NO. 10 AT 2955 TREAT BOULEVARD, CONCORD FOR THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT Authorization No. WW0518 This Addendum forms a part of the Contract Documents and modifies the original Bidding Documents as noted below. Acknowledge receipt of this addendum in the space provided on the Bid Form. Failure to do so may subject the Bidder to disqualification. There are attachments to this Addendum. They are listed at the end of the Addendum. CHANGES TO TECHNICAL SPECIFICATIONS: Item ADI-1: Division G, "Supplementary General Conditions", Paragraph 3: Delete in its entirety and replace with the following: "3. Section 9. Temporary Utilities and Facilities - Delete Paragraphs A, B, C, and E. Replace with the following: `A. Electric power and water will be available at the site for useby the Contractor for work on this project at no cost to the Contractor. Installation of approved temporary connections to said utilities shall be provided by the Contractor, and same shall be removed at completion of work by the Contractor, at no cost to the Owner. CHANGES TO DRAWINGS: Item AD 1-2: Drawing C-4, Grading and Utility Notes#44 and#45: As alternative, contractor can pulverize minimum 18" existing ac, underlying aggregate base material and soil below the aggregate base. Grade the site 6" below the final grades as shown on the plans for the entire area except the parking area adjacent to the building shall be 3" below the final grades. Add pure cement (type ii modified) and mix with the pulverized asphalt concrete and aggregate base material to create a 6% cement treated base. Compact the cement treated base to 95% compaction. Place prime coat on top of the pulverized base prior to place new asphalt concrete pavement. Apply seal coat to the final pavement. *END OF ADDENDUM NO. 1 H:\2006\2250601\06G001027z.doc SJ:tb ADDENDUM NO. 1 Page 1 of 1 SPECIFICATIONS FOR PAVING REPAIRS AT TRAINING CENTER/FIRE STATION NO. 10 AT 2955 TREAT BOULEVARD,CONCORD, FOR THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT Authorization No. WW0518 MAY 23, 2006 PREPARED BY LUK AND ASSOCIATES 738 ALFRED NOBEL DRIVE HERCULES, CA 94547 • (510) 724-3388 FAX(510) 724-3383 FOR CAPITAL PROJECTS MANAGEMENT DIVISION GENERAL SERVICES DEPARTMENT CONTRA COSTA COUNTY 1220 MORELLO AVENUE, SUITE 100 MARTINEZ, CALIFORNIA 94553-4711 (925) 313-7200 FAX: (925) 313-7299 FILE: 225-0601 SJ:amc H:\2006\2250601\060001010x.doc SPECIFICATIONS FOR PAVING REPAIRS AT TRAINING CENTER/FIRE STATION NO. 10 AT 2955 TREAT BOULEVARD, CONCORD,. FOR THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT Authorization No. WW0518 MAY 23, 2006 PREPARED BY LUIS AND ASSOCIATES 738 ALFRED NOBEL DRIVE HERCULES, CA 94547 (510) 724-3388 FAX(510) 724-3383 FOR CAPITAL PROJECTS MANAGEMENT DIVISION GENERAL SERVICES DEPARTMENT CONTRA COSTA COUNTY 1220 MORELLO AVENUE, SUITE 100 MARTINEZ, CALIFORNIA 94553-4711 (925) 313-7200 FAX: (925) 313-7299 FILE: 225-0601 SJ:amc H:\2006\2250601\06GOO101Ox.doc TABLE OF CONTENTS BIDDING REQUIREMENTS DIVISION A. Notice to Contractors DIVISION B. Instructions to Bidders Section 1 Competence of Bidders Section 2 Securing Documents Section 3 Examination of Plans, Specifications, and Site of Work Section 4 Bidding Documents Section 5 Submission of Proposals Section 6 Withdrawal of Proposals Section 7 Public Opening of Proposals Section 8 Irregular Proposals Section 9 Competitive Bidding Section 10 Award of Contract Section 11 Special Requirements Section 12 Execution of Contract Section 13 Failure to Execute Contract Section 14 Plan Holders List DIVISION C. Proposal (Bid Form) CONTRACT FORMS DIVISION D. Forms Contract (Construction Agreement) Performance Bond Payment Bond CONDITIONS DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity DIVISION F General Conditions Section 1 Definitions Section 2 Governing Laws and Regulations Section 3 Patents and Royalties Section 4 Contractor's Responsibility for Work and Public Utilities Section 5 Bond and Insurance Section 6 Subcontracting Section 7 Time of Work and Damages Section 8 Progress Schedule x:\2006\2250601\06G001011x.doc TABLE OF CONTENTS 8/14/00 Page 1 of 3 Section 9 Temporary Utilities,and Facilities Section 10 Permits Section 11 Conduct of Work Section 12 Responsibility for Site Conditions Section 13 Inspection Section 14 Rejection of Materials . Section 15 Interpretation of Contract Requirements Section-16 Clarifications and Additional Instructions Section 17 Product and Reference Standards Section 18 Materials, Articles and Equipment Section 19 Shop Drawings,Descriptive Data, Samples & Alternatives Section 20 Samples and Tests Section 21 Change Orders Section 22 Labor Section 23 Occupancy by the County Prior to Acceptance Section 24 Preservation and Cleaning Section 25 Payment of Federal or State Taxes Section 26 Acceptance Section 27 Final Payment and Waiver to Claims Section 28 Guarantee Period Section 29 Wage Rates Section 30 Underground Service Alert Section 31 Archaeologic Materials Section 32 Payment of Withheld Funds Section 33 Disputes Section 34 Claims by Contractor Section 35 Toxic and Hazard Materials and Waste Section 36 Equal Employment Opportunity Guarantee form Statement to Accompany Final Payment form DIVISION G. Supplementary General Conditions TECHNICAL SPECIFICATIONS (CSI Format) DIVISION 1 (Not Used) DIVISION 2 SITE WORK Section 02065 Removal Work Section 02200 Earthwork Section 02430 Storm Drainage Section 02513 Asphalt Concrete Paving Section 02515 Concrete Surface Improvements Section 02517 Pulverizing Asphalt Concrete Section 02700 Site Utilities x:\2006\2250601\060001011X.aoc TABLE OF CONTENTS 8/14/00 Page 2 of 3 DIVISIONS 3 — 16 (Not Used) DRAWINGS Drawings titled "Fire Station No. 10 Parking Lot Pavement Repair, Concord, California", five 24 x 36 inch sheets, dated February 14, 2006. SJ:amc x:\2006\2zs0601\06GO01011x.aoc TABLE OF CONTENTS 8/14/00 Page 3 of 3 225-0601B.4.1 NOTICE TO CONTRACTORS Page 1 of 3 DIVISION A. NOTICE TO CONTRACTORS (Advertisement) Notice is hereby given by order of the Board of Supervisors of Contra Costa County, that the Director of:General Services will receive bids for the furnishing of all labor, materials, equipment,transportation and services for: PAVING REPAIRS AT TRAINING CENTER/FIRE STATION NO. 10 AT 2955 TREAT BOULEVARD, CONCORD FOR THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT Authorization No. WW0518 Bid proposals shall be sealed and shall be submitted to the Director of General Services, Capital Proiects Management Division Office, 1220 Morello Avenue, Suite 100, Martinez 94553-4711, on or before the 29 day of June, 2006 at 2:00 p.m., and will be opened in public immediately after the time due in the Capital Projects Management Division Conference Room, 1220 Morello Avenue, Suite 100,Martinez, California 94553-4711. The estimated construction contract cost is $246,000.00. The prime contractor for this project shall hold a valid Class A General Engineering Contractor license. This work includes but is not limited to earthwork, site utilities, site drainage, paving and striping. Each bid is to be in accordance with the drawings and specifications on,file at the Office of the Clerk of the Board of Supervisors, First Floor, County Administration Building, 651 Pine Street, Martinez, California. The drawings and specifications may be examined at the County Capital Projects Management Division office, 1220 Morello Avenue, Suite 100, Martinez, California 94553-4711. Drawings and specifications (not including documents included by reference) and proposal forms, may be obtained by prospective bidders at the County Capital Projects Management Division office, upon payment of a printing and service charge in the amount of$25.00 (sales tax included) which amount shall not be refundable. Drawings and specifications may be ordered by mail for an additional shipping and handling fee of $10.00. Cash purchases are to be for the exact amount only. Checks shall be made payable to "The County of Contra Costa" and may be mailed to the Capital Projects Management Division, 1220 Morello Avenue, Suite 100, Martinez, California 945534711. The Capital Projects Management Division does not guarantee the arrival of the drawings and specifications in time forbidding. Drawings and specifications will not be sent overnight mail. No partial sets will be issued. Prospective bidders may obtain copies of the County's log of contractor plan holders on the web at http://www.c6.contra-costa.ca.us/doarUgsd/planhold/PlanHoldList.htm (updated daily at 4:00 p.m.), or� by calling the Capital Projects Management Division at (925) 313-7200, or by submitting a written request via FAX No. (925) 313-7299. Requests for copies of the plan holders log cannot be accepted after 5:00 p.m. of the day before the bids are due. Technical questions regarding the contract documents should be directed to the Capital Projects Management Division at telephone number(925) 313-7200. HA2006\2250601\06G001012x.doc 12/9/03 DIVISION A- I 225-06018:4.1 NOTICE TO CONTRACTORS Page 2 of 3 Each bid shall be made on the bid form issued with the specifications, and must be accompanied by bid security in the form of cash, a certified check, cashier's check, or bid bond'in the amount of ten percent-(10%) of the base bid amount,made payable to "The County of Contra Costa". The bid security shall be given as a guarantee that the bidder will enter into a contract if awarded the work, and will be forfeited by the bidder and,retained by the County if the successful bidder refuses, neglects or fails to enter into said contract or to furnish the necessary bonds and insurance certificates after being requested to do so by the County.,, Bidders are hereby notified that securities maybe substituted for any monies withheld by the County of Contra Costa to ensure performance under the construction contract, in accordance with Public Contract, Code Section 22300 and the General Conditions of the Contract. Such securities shall be valued by the County Treasurer-Tax Collector, whose decision shall be final. Also, types, of,securities,which are not listed in Government. Code .Section 16430 or Public Contract Code Section 22300 must be approved as eligible for investment under Public Contract Code Section 22300 by the County Treasurer-Tax Collector before.bid opening., Unless such securities 'are,,prequalified-before bid opening, they shall not be accepted by the County, as security. The successful bidder will be required to furnish a Payment.Bond in an amount equal to one hundred percent (100%) of the Contract price and a Faithful Performance Bond in an amount equal to one hundred percent (100%) of the Contract price, said bonds to be secured from an admitted surety insurer authorized by the Insurance 'Commissioner to transact business-of insurance in the State of California. Each bond shall be issued on the form set :forth in the specifications. Bidders are hereby notified that pursuant to the Statutes of the State of California, or local law, applicable thereto, the said Board has obtained the general prevailing rate of per diem wages and rates for legal holidays and overtime work in the locality in which.this work is to be performed for each type of worker or mechanic required to execute the contract which will be awarded to the successful bidder. The prevailing rate of per diem wages is on file with the Clerk of the Board of Supervisors. The Contra Costa County Board of Supervisors encourages opportunities to develop and support Minority Business Enterprises (MBEs), Women Business Enterprises(WBEs), Small Business Enterprises (SBEs), Local Business Enterprises (LBEs), and Disabled Veterans Business Enterprises (DVBEs) by providing opportunities for participation in the performance of construction contracts financed in.whole or in part with County funds. MBE, WBE, SBE, LBE, and DVBE definitions and detailed information are included in Division E of the Specifications. A pre-bid.conference will be held on Wednesday, June 7, 2006, at 2:00 p.m., in the Contra Costa County Capital'Projects Management Division office, 1220 Morello Avenue, Suite 100, Martinez, California. Discussion will cover recommended outreach efforts, resources and any other subjects of interest to attendees. A pre-bid inspection,tour will be held on Tuesday,June 13, 2006. The inspection;tour will-be conducted- on this date by a representative of the County's Capital Projects Management Division. The tour will begin promptly at 9:00 a.m., on the paving near the northwest corner of the Apparatus Building behind Fire Station No. 10, 2955 Treat Boulevard, Concord. 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. Bids may not be withdrawn for a period of 60 days after the ` date set for opening thereof. H:\2006\2250601\060001012x.doe 12/9/03 DIVISION A-2 225-0601B.4.1 NOTICE TO CONTRACTORS Page 3 of 3 BY ORDER OF THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY JOHN CULLEN, Clerk of the Board of Supervisors and County Administrator By: Deputy Dated: PUBLICATION DATES: SJ:amc H:\2006\2250601\06G001012x.doc 12/9/03 DIVISION A- 3 DIVISION B. INSTRUCTIONS TO BIDDERS The bidder shall carefully examine the instructions contained herein and satisfy himself as to the conditions with which he must comply prior to bid in submitting his proposal, and to the conditions affecting the award of contract. SECTION 1. COMPETENCE OF BIDDERS: A. License: No bidder may bid on work of a kind for which he is not properly licensed,.and any such bid received may be disregarded. See Division A, Notice to Contractors, for license classification required for this project. B. Bidders shall be experienced in the type of work for which they are bidding and shall, upon request of the County, submit to the County a written list of completed projects, with the name of the owner or contract officer indicated. C. County may not permit a contractor or subcontractor who is ineligible to bid or work on, or be awarded, a Public Works project pursuant to Section 1777.1 or 1777.7 of the Labor Code to bid on,be awarded, or perform work as a subcontractor on this project. Contractor is prohibited from performing work on this project with a subcontractor,who is ineligible to perform work on a Public Works project pursuant to Section 1777.1 or 1777.7 of the Labor Code. SECTION 2. SECURING DOCUMENTS: A. Drawings and Specifications may be secured at the place and for the deposit or fee as specified in Division A, "Notice to Contractors." SECTION 3. EXAMINATION OF PLANS SPECIFICATIONS AND SITE OF THE WORK: A. CONTRACTOR'S RESPONSIBILITY: The bidder shall examine carefully the site of the work, and the plans and specifications therefor. He shall investigate and satisfy himself as to conditions to be encountered, the character, quality and quantity of surface, and subsurface materials or obstacles to be encountered, the work to be performed and materials to be furnished, and as to the requirements of the proposal,plans and specifications of the contract. Where investigations of subsurface conditions have been made by the County in respect to foundation or other structural design, and that information is shown in the plans or otherwise made available to the bidders, said information represents only the character of material which was actually encountered in the.investigation, and is only included for the convenience of bidders: Investigations of subsurface conditions are made for the purpose of design, and the County assumes no responsibility whatever in respect to the sufficiency or accuracy of borings, or of the log of test borings, or other preliminary investigations, or of the interpretation therefor. There is no guarantee or warranty, either express or implied, that the conditions indicated are representative of those existing throughout the work, or any part of it, or that unlooked for developments may not occur. Making such information available to bidders is not to be construed in any way as a waiver of the provisions of this article concerning the Contractor's responsibility for subsurface conditions, and bidders must satisfy themselves through their own investigation as to the actual conditions to be encountered., \\gsd-app\Template\ARCH\Boiler PlatesUvision B-Formal-08-OO.doc (Rev.06/02/04) DIVISION B - 1 DIVISION B.INSTRUCTIONS TO BIDDERS (Continued) B. RESPONSIBILITY FOR-UTILITIES: As art of the responsibility stated in subdivision A. above and without limitation thereo P P tY � n, the Contractor shall be responsible at his own cost for any and all work, expense or special precautions caused or required by the existence of proximity of utilities encountered in performing the work, including without limitation thereon, repair of any or all damage and- all hand or exploratory excavation required. The bidder is cautioned that such utilities may include communication cables or electrical cables which may be high voltage, and the ducts enclosing such cables, and when working or excavating in the vicinity thereof, the special precautions to be observed at his own cost shall also include the following: All such cables and their enclosure ducts shall be exposed by careful hand excavation so as not to damage the.ducts or cables, nor.cause injury to persons, and suitable warning signs, barricades and'safety devices shall be erected as necessary or required. In connection with the.foregoing, the bidder's attention;is invited to Section 12 of Division F of these Specifications C. DISCREPANCIES OXERRORS: If omissions, discrepancies, or apparent errors are found in the Drawings and Specifications prior to the date of bid opening,the bidder shall submit a written request for a clarification which will be given in the form of an addendum to all bidders if time permits. Otherwise, in estimating the work; the bidders . shall consider that any discrepancies .or conflict within the drawings, within the specifications, or between drawings -and specifications shall be governed by Section 15 of Division F of these Specifications. SECTION 4. BIDDING DOCUMENTS A.. Bids shall be made on the special Proposal (Bid Form) (See' Division C of this :Specification),.with all items completely filled out; numbers shall be stated..both in writing and in figures, and in case of,discrepancies the,lower. of the two shall govern; the signatures of all persons signed shall be in longhand: The completed form should be without interlineations, alterations or erasures. Additional copies of the Proposal (Bid Form)may be obtained from those supplying these Specifications. B. Bids shall not contain any recapitulation of.the work to be done; alternative proposals will not be considered, unless called for. :No oral, telegraphic or telephonic proposals or modifications will-be considered. C. List of Proposed Subcontractors: Each proposal shall have listed therein the name and address of each subcontractor to whom the bidder proposes to subcontract portions of the work in an, amount in excess of one-half of 1 percent.of his total bid, in accordance with Section 4104 of the Public Contract Code. See Section 6 of Division F of these Specifications for further reference to subcontractors. \\gsd-app\Template\E+.RCH\Boiler Plates\Division B-Formal-08-OO.doc (Rev.,06/02l04) DIVISION B-2 DIVISION B. INSTRUCTIONS TO BIDDERS (Continued) D. Noncollusion Affidavit: Bidders shall execute, have notarized, and submit with their bid, the Noncollusion Affidavit form included in Division C,Proposal (Bid Form). E. Bidder's Security:" All bids shall have enclosed cash, a cashier's check, certified check or a bidder's bond as described below, executed as surety by a corporation authorized to issue surety bonds in the State of California, made payable to "The County of Contra Costa," in an amount equal to at least 10 percent (101/o) of the base bid amount. No bid shall be considered unless one of the forms of bidder's security is enclosed therewith. Bid security will be held until either(1) the contract has been executed and bonds have been furnished, or (2) the specified time has elapsed so that bids may be withdrawn, or (3) all bids have been rejected. SECTION 5. SUBMISSION OF PROPOSALS: A. Proposals shall be submitted to the Clerk of the Board of Supervisors of Contra Costa County at the place indicated on the Bid Proposal. It is the sole responsibility of the bidder to see that his bid is received in proper time. B. All proposals shall be submitted under sealed cover, plainly identified as a proposal for the work being bid upon and addressed as directed in the Notice to Contractors and the Bid Proposal. Failure to do so may result in a premature opening of, or a failure to open such bid. Proposals which are not properly marked may be disregarded. SECTION 6. WITHDRAWAL OF PROPOSALS: A. Any bid may be withdrawn at any time prior to the time fixed in the public notice for the opening of bids, provided that a request in writing, executed by the bidder or his duly authorized representative, for the withdrawal of such bid is filed with the Clerk of the Board of Supervisors of Contra Costa County. An oral, telegraphic, or telephonic request to withdraw a bid proposal is not acceptable. The withdrawal of a bid shall not prejudice the right of a bidder to file a new bid. This article does not authorize the withdrawalof any bid after the time fixed in the public notice for the opening of bids. SECTION 7. PUBLIC OPENING OF PROPOSALS: A. Proposals will be publicly opened and read at the time and place indicated in the Notice to Contractors. Bidders or their authorized agents are invited to be present. B. Bid results, including subcontractor listings for the three lowest bids, will also be available on the Internet the day after the bid opening The Internet address is: http://www.co.contra- costa.ca.us/depart/gsd. SECTION 8. IRREGULAR PROPOSALS: Proposals may be rejected if they show any alteration of form, additions not called for, conditional bids, incomplete bids, erasures, or irregularities of any kind. If bid amount is changed after the amount is originally inserted,the change should be initialed. i \\gsd-app\Template\ARCH\Boiler PlatesTivision B-Formal-08-00.doc (Rev.06/02/04) DIVISION B - 3 DIVISION B. INSTRUCTIONS TO BIDDERS (Continued) SECTION 9.,' COMPETITIVE BIDDING: A f di If more than one proposal be red o fe by any individual, firm, partnership, corporation, association or any combination thereof, under the same, or different names, all such proposals maybe rejected. Aparty who has quoted prices on materials or work to a bidder is�not,.thereby-disqualified from quoting prices to other bidders; or from submitting a bid directly for the materials or work. B. All bidders are put on notice that any collusive agreement fixing the prices to be bid so as to control or affect the awarding of this contract is in violation of the competitive-bidding requirements of the State law and may .render void any contract 'let under such circumstances. SECTION 10. AWARD OF CONTRACT: A.. The right is reserved to reject any and-all proposals. B. If the Proposal-(Bid Form) includes bid alternates, the lowest bid will be determined as specified in the Bid Form (see Division Q. However, once the lowest bid has been detemuned, the County shall have.,the right to accept bid alternates in any order or combination and may select any, all, or none of the additive or deductive items to include in the.contract. C. . 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 the Outreach Program and Mandatory Subcontracting Minimum requirements (see Division E). Such award, if made, will be made within the time period during which bids may not be withdrawn as specified in Division A, Notice to Contractors. D: If the contract is awarded, but such award is later invalidated for any reason, all bids shall be deemed.rejected and no other bidder shall be deemed eligible for contract award. Nothing in this section shall prevent the County from reawarding the contract to another bidder in cases where a successful bidder establishes a mistake, refuses to sign.•the contract or fails to furnish required bonds or insurance (see Public- Contract Code, Sections 5100-5107). SECTION 11. SPECIAL REQUIREMENTS:' A. . The bidder's attention is invited to the following special provisions of the contract, all of which are detailed in the General Conditions (Division F) or other documents included in these Specifications. 1) Bonds 2) Insurance 3) Liquidated Damages 4) Guarantee 5) Inspection and Testing of Materials 6) Facilities,to be Provided at Site 7) Assignment of Contract Prohibited 8) Outreach/Mandatory Subcontracting Minimum/Affirmative Action(See Division E). \\gsd-app\Template\ARCH\Boiler PlatesUvision B-Formal-08-00.doc (Rev.06/02/04) DIVISION B.-4 DIVISION B. INSTRUCTIONS TO BIDDERS (Continued) SECTION 12. EXECUTION OF CONTRACT: . A. The contract(example in Division D shall be signed b the successful bidder in duplicate ( P ) � Y P counterpart and returned within five (5) days of receipt, not including Saturdays, Sundays and legal holidays, together with the Contract Bonds and Certificates of Insurance. No contract shall be binding upon the County until it has been executed by the Contractor and the County. B. Should the contractor begin work in advance of receiving notice that the contract has been approved as above provided, any work performed by him will be at his own risk and as a volunteer unless said contract is so approved. SECTION 13. FAILURE TO EXECUTE CONTRACT: A. Failure to execute a contract and file acceptable bonds and certificates of insurance as provided herein within ten (10) days,not including Saturdays, Sundays and legal holidays, after the successful bidder has received the contract for execution, shall be just cause for the annulment of the award and the forfeiture of the bidder's security. If the successful bidder refuses or fails to execute the contract, the County may award the contract to the second lowest responsible bidder. If the second lowest responsible bidder refuses or fails to execute the contract, the County may award the contract to the third lowest responsible bidder. On the failure or refusal of the second or third lowest responsible bidder to whom any such contract is so awarded to execute the same, such bidders' securities shall be likewise forfeited to the County. The work may then be readvertised or may be constructed by day labor as provided by State law. SECTION 14. PLAN HOLDERS LIST: A. Prospective bidders may obtain copies of the County's log of contractor plan holders on the web at hqp://www.co.contra-costa.ca.us/depart/gsd/planhold/PlanHoldList.htm (updated daily at 4:00 p.m.). B. Copies of the plan holders list may be examined or obtained for no cost at the Capital Projects Management Division, 1220 Morello Avenue, Suite 100, Martinez, California, Monday through Friday between the hours of 8:00 am and 5:00 pm. C. Copies will be FAXED upon request, however, they will not normally be FAXED until after 5:00 pm on the day requested in order to avoid tying up the FAX machine during regular office hours. D. Requests for FAX copies of the plan holders list will not be accepted after 5:00 pm of the day before the bids are due. \\gsd-app\Template\ARCH\Boiler PlatesUvision B-Formal 8-OO.doc (Rev.06ro2iO4) DIVISION B - 5 J (Bidder) DIVISION C. PROPOSAL(BID FORM) BIDS WILL BE RECEIVED UNTIL THE 29th Day of June, 2006 at 2:00 P.M. in the Capital Projects Management Division, 1220 Morello Avenue, Suite 100,Martinez, CA 94553-4711. (1) TO THE DIRECTOR OF GENERAL SERVICES, MICHAEL J. LANGO, GENERAL SERVICES DEPARTMENT: The undersigned hereby proposes and agrees to furnish any and all required labor, material, transportation, and services for PAVING REPAIRS AT TRAINING CENTER/FIRE STATION NO. 10 AT 2955 TREAT BOULEVARD, CONCORD FOR THE CONTRA COSTA COUNTY FIRE PROTECTION DISTRICT Authorization No. WW0518 in strict conformity with the Drawings, Specifications, and other contract documents on file at the Office of the Clerk of the Board of Supervisors, First Floor, Administration Building, 651 Pine Street, Martinez, California, 94553, for the following sum: Dollars ($ ) (2) It is understood that this bid is based upon completion of the work within 120 calendar days from and after the starting date as established by the Notice to Proceed. (3) It is understood, with due allowances made for unavoidable delays, that if the Contractor should fail to complete the work of the contract within the stipulated time, then, he/she shall be liable to the Public Agency in the amount of SEVEN HUNDRED AND FIFTY DOLLARS per calendar day for each day said work remains uncompleted beyond the time for completion, as and for liquidated damages and not as a penalty; it being agreed and expressly stipulated that it would be impractical and difficult to fix the actual amount of damage. (4) The undersigned has examined the location of the proposed work and is familiar with the Drawings, Specifications and other contract documents and the local conditions at the place where the work is to be done. (5) The undersigned has checked carefully all of the above figures and understands that the Board of Supervisors will not be responsible for any errors or omissions on the part of the undersigned in making up this bid. (6) The undersigned hereby certifies that this bid is genuine and not sham or collusive, or made in the interest or in behalf of any person not herein named, and that the undersigned has not directly induced or solicited any other bidder to put in a sham bid, or any other person, firm or corporation to refrain from bidding, and that the undersigned has not in any manner sought by collusion to secure for himself an advantage over any other bidder. HA2006\2250601\06G001013x.doc(12/9/03) DIVISION C - 1 DIVISION C. PROPOSAL BID FORMS(Continued) (7) Attachments are: a) A list of the names and locations of the place of business of the subcontractors. b) Noncollusion Affidavit form. c) Bid security as required in the Notice to Contractors. Cash Bidder's Bond Cashier's Check Certified Check (8) The following addenda are hereby acknowledged as being included in the bid: Addendum# dated Addendum# dated Addendum# dated (9) Firm NOTE: Have you By(signature) complied with the Division E Title 'Outreach Program and Mandatory Address- Subcontractor Minimum requirements for Phone: Fax: this project? Federal Tax-Payers I.D. or Social Security No. Dated this day of , 20 (10) Licensed in accordance with an act providing for.the registration of Contractors: Classification and License No. , Expiration Date (11) Representations made herein are made under penalty of perjury. H:\2006\2250601\06G001013x.doc(12/9/03) DIVISION C - 2 cn ti U 4 a 0 � Jd v Q 0 U Q 1 q u 0 � V A Q y �tS o NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID State of California ss County of being first duly sworn, deposes and says that he or she is of the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization,or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly, or indirectly, sought by agreement, communication or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and; further, that the bidder has not, directly or indirectly; submitted his or her bid price or any breakdown ithereof, 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. Dated: - Signed: NOTE: THIS FORM MUST BE NOTARIZED CERTIFICATE OF ACKNOWLEDGMENT State of California ) ss. County of l On the date written below, before me, the undersigned Notary Public,personally appeared the person(s) signing above for Contractor, personally]mown to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. Dated: [NOTARIAL SEAL] Notary Public H:\2006\2250601\06G001013x.doc(12/9/03) DIVISION C -4 File: /C.1.1 CONTRACT (Construction Agreement) (Contra Costa County Standard Form) 1. SPECIAL TERMS. These special terms are incorporated below by reference. (See Secs.2,3) Parties: (Public Agency) CONTRA COSTA COUNTY (Contractor) (See Sec..2) Effective Date: (See Section 4 for starting date.) (See Sec.3) The Work: (See Sec.4) Completion Time: Within_calendar days from starting date. (See Sec.5) i Liquidated Damages: (See Sec.6) Public Agency's Agent:Barton J.Gilbert,Director of General Services (See Sec.7) . Contract Price: (See Sec.8) Federal Taxpayers I.D.or Social Security No.: 2. SIGNATURES&ACKNOWLEDGEMENT. Public Agency, By: Date: Barton J.Gilbert,Director of General Services Contractor,hereby also certifying awareness of and compliance with Labor Code Sections 1861 and 3700 concerning Workers'Compensation Law. By: (Designate official capacity in the business) (CORPORATE SEAL) By: (Designate official capacity in the business) Note to Contractor: For corporations,the contract must be signed by two officers. The first signature must be that of the chairman of the board, president or vice-president;the second signature must be that of the secretary, assistant secretary, chief financial officer or assistant treasurer. (Civ. Code,Sec. 1190 and Corps.Code,Sec.313.) The acknowledgment below must be signed by a Notary Public. CERTIFICATE OF ACKNOWLEDGMENT .State of California ) ss. County of ) On the date written below, before me, the undersigned Notary Public, personally appeared the person(s) signing above for Contractor, personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. Dated: [NOTARIAL SEAL] Notary Public Ask C-1;Rev.2-92) \\Gsd_fsl\volapp\TEMPLATE\ARCH\Boiler Plates\Division D.doc(2/11/02) DIVISION D - I Page i of 4 File: /C.1.1 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("special terms")in Section 1. (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. (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 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. 5. LIQUIDATED DAMAGES. If the Contractor fails to complete this contract and this work within the time fixed therefor, allowance being made for contingencies as provided herein,he becomes liable to the Public Agency for all its loss and damage therefrom;and because,from the nature of the case, it is and will be impracticable and extremely difficult to ascertain and fix the Public Agency's actual damage from any delay in performance hereof,it is agreed that Contractor will pay as liquidated damages to the Public Agency the reasonable sum specified in Section 1,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 forany 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. 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;except that in unit price contracts the 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 or its Agent,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 maybe necessary to protect the Public Agency from loss because of: (1) Defective work not remedied,or uncompleted work,or (2). Claims filed or reasonable evidence indicating probable filing,or (3) Failure to properly'pay subcontractors or for material or labor,or (4) Reasonable doubt that the work can be completed for the balance then unpaid,or (5) Damage to another contractor,or (6) Damage to the Public Agency,other than damage due to delays. (b) The Public Agency shall use reasonable diligence to discover and report to the Contractor,as the work progresses, the materials and labor which are not satisfactory to it,so as to avoid unnecessary trouble or cost to the Contractor in making good any defective work or parts. (c) 35 calendar days after the Public Agency files its notice of completion of the entire work, it shall issue a certificate to the Contractor and pay the balance of the contract price after deducting all amounts withheld under this contract, provided the Contractor shows that all claims for labor and materials have been paid;no claims have been presented to the Public Agency based on acts or omissions of the Contractor,and no liens or withhold notices have been filed against the work or site, and provided there are not reasonable indications of defective or missing work or of late- recorded notices of liens or claims against Contractor. 9. INSURANCE. (Labor Code Sections 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 or 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. 11. FAILURE TO PERFORM: If the Contractor at any time refuses or neglects,without fault of the Public Agency or its agent(s),to supply . sufficient.materials or workers to complete this agreement and work as provided herein,for a period of 10 days or more after written notice thereof by the Public Agency,the Public Agency may furnish same and deduct the reasonable expenses thereof from the contract price. CC-1•Rev.2-92 \\Gsd_fs1\volapp\TE14LATE\ARCH\Boiler Plates\Division D.doc(2/11/02) DIVISION D - 2 Page 2 of 4' File: /C.1.1 12. LAWS APPLY. General. Both parties recognize the applicability of various federal, state and local laws and regulations, especially Chapter 1 of Part 7 of the California Labor Code (beginning with Section 1720, and including Sections 1735, 1777.5, & 1777.6 forbidding discrimination) and intend that this agreement complies therewith. The parties specifically stipulate that the relevant penalties and forfeitures ovided in.the Labor Code,especially in Sections 1775 & 1813, concerning prevailing wages and hours, shall apply to this agreement as though lly 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 worker needed to execute this contract,and said rates are as specified in the call for bids for this work or 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 on 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 promptly determine the prevailing wage rate therefor and furnish the Contractor with the minimum rate based thereon,which shall apply from the time of the initial employment of the person affected and during the continuance of such employment. 15. HOURS OF LABOR. Eight hours of labor in one calendar day constitutes a legal day's work,and no worker 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. PREFERENCE FOR MATERIALS. The Public Agency desires to promote the industries and economy of Contra Costa County,and the Contractor therefore promises to use the products,workers,laborers and mechanics of this County in every case where the price,fitness and quality are equal. r 8. ASSIGNMENT. The agreement binds the heirs, successors, assigns, and representatives of the Contractor; but he cannot assign it in ole 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 reties,unless they have waived notice of assignment. 19. NO WAIVER BY PUBLIC AGENCY. Inspection of the work and/or materials, or approval of work and/ormaterials inspected, or statement by any officer, agent or employee of the Public Agency indicating the work or any part thereof complies with the requirements of this contract, or acceptance of the whole or any part of said work and/or materials, or 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&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;together with any additional persons and entities, if any, listed in the Supplementary General Conditions(Division G). (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 pians 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. (CC-1;Rev.2-92) 11Gsd_fs1WolapplTEMPLATE\ARCHiBoiler Plates\Division D.doc(2/11/02) DIVISION D - 3 Page 3 of 4, File: /C.1.1 21. EXCAVATION. Contractor shall comply with the provisions of Labor Code Section 6705;if applicable,by submitting to Public Agency a detailed plan showing the design of shoring, bracing, sloping, or other.provisions to be made for worker protection.from the hazard of caving ground during trench excavation. 22. RECORD RETENTION AND AUDITING. Except for materials and records delivered to Public Agency,Contractor shall maintainand retain,for a period of at least five years after Contractor's receipt of the final payment under this contract,all records relating to this contract or to the work, including without limitation estimates, bids, shop drawings, submittals, subcontracts,personnel and payroll records;job reports and diaries, receipts,invoices,cancelled checks and financial records. Upon request by Public Agency,at no additional charge;Contractor shall promptly make such records available to Public Agency,or to authorized representatives of the state and federal governments,at a convenient location within Contra Costa County designated by Public Agency,and without restriction or limitation on their use. 23. VENUE. Any litigation involving this contract or relating to the work shall be brought in Contra Costa County, and Contractor hereby waives the.removal provisions of Code of Civil Procedure Section 394. 24. ENDORSEMENTS. Contractor shall not in its capacity as a contractor with Contra Costa County publicly endorse or'oppose the use of . any particular brand name or commercial product without the prior approval of the Board of Supervisors. In its County contractor capacity, Contractor shall not publicly attribute,qualities or lack of qualities to a particular brand name or commercial product in the absence of a well- established and widely-accepted scientific basis for such claims or without the prior approval of the Board of Supervisors. .In_its County contractor capacity;Contractor shall not participate or appear in any commercially-produced advertisements designed to promote a particular-brand.name'or commercial product,even if Contractor is not publicly endorsing a product,as long as the Contractor's presence in the advertisement can reasonably be interpreted as an endorsement of the product by or on behalf of Contra Costa County. Notwithstanding the foregoing,Contractor may express its views on products to other contractors,the Board of Supervisors,County officers,or others who may be authorized'by the Board-of Supervisors or by law to receive such views. 25. 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). (CC-l;Rev.3-95)_ (Form approved by County Counsel) \\Gsd_fsl\volapp\TEMPLATE\ARCH\Boiler Plates\Division D.doc(2/11/02) DIVISIOND- 4 Page 4 of 4 PERFORMANCE BOND-- PUBLIC WORK Bond No. Premium Any claim under this Bond should be Sent to the following address: KNOW ALL MEN BY THE 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 CONTRA COSTA COUNTY, 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-- - - -;20---,-with the Obligee-to-do-and perform the followingwork;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 Odocuments 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 , 20 (Principal) . (Surety) By: (Signature) (Signature) (SEAL AND ACKNOWLEDGEMENT OF NOTARY) (SEAL AND ACKNOWLEDGEMENT OF NOTARY) DIVISION D—5 \\Cccgstree\.GSD FSl_VOLAPP.GSD\TEMPLATBARMBoiler Plates\Divisions D-5,D-6.doc PAYMENT BOND =- PUBLIC WORK [Civ. Code, §§3247 -3248] Bond No. Premium Any claim under this Bond should be Sent to the following address: KNOW ALL MEN BY THE 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 CONTRA COSTA COUNTY, 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 20 ,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 Civil 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 reasonable attorney's fee,'to,be fixed by the court. This bond shall enure to the benefit of any of the persons named in Section 3181 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought-upon this bond. SIGNED AND SEALED,this day of 220 . (Principal) (Surety) By: (Signature) (Signature) (SEAL AND ACKNOWLEDGEMENT OF NOTARY) (SEAL AND ACKNOWLEDGEMENT'OF NOTARY) DIVISION D - 6 \\Cccgstree\.GSD FSI_VOLAPP.GSDITEMPLATE\ARCH\Boiler Plates\Divisions D-5,D-G.doc DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater SECTION 1. OUTREACH PROGRAM A. 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), Local Business Enterprises (LBEs), and Disabled Veteran Business Enterprises (DVBEs). The County is committed to ensuring full and equitable participation by minority, women, and other sub-bid or subcontracting businesses in County-funded construction projects. The Outreach Program is set forth herein. Bidders should be fully informed of this program. Bidders are encouraged to use MBE/WBE firms whenever there is a need to subcontract portions of the work. Failure to comply with the County's Outreach Program may render the bid non-responsive. B. MBE/"E/OBE Participation The Outreach Program requires the bidder to make a "Good Faith Effort" to obtain sub-bid participation by MBEs,WBEs, OBEs, SBEs, LBEs, and DVBEs which is anticipated by the County to produce levels of participation as stated in the proposal form. C. Definitions For purposes of this program, the following definitions shall apply: 1. "Minority or Women Business Enterprise (MBE or WBE)" means a business enterprise that meets both of the following criteria: a. 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 b. .A business whose management and daily business operations are controlled by one or more minority persons or women. 2. "Other Business Enterprise (OBE)" means any business which does not otherwise qualify as a Minority or Women Business Enterprise. 3. "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). 4. "Local Business Enterprise (LBE)" means a business that has its main office or principal place of business within the boundaries of Contra Costa County. HA2006\2250601\06G001015x.doc (Rev. 11/04/04) DIVISION E - 1 'DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for .Use on County-Funded"Construction Contracts of$5.0,000 and Greater 5. "Minority person" means African Americans; Hispanic Americans; Native Americans (including American Indians, Eskimos, Aleuts, and Native Hawaiians); Asian Pacific (including persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U:S. Trust Territories of the Pacific; and the Northern Marianas); and Asian Indians (including persons whose origins are from India, Pakistan, and Bangladesh). 6. "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. 7. . "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. 8. "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 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. 9. "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. 10. "Trucker" means a firm that performs hauling or trucking work with trucks owned or leased by that firm. 11. '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 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. D. Certification and Participation of Minority and Women Business Enterprises' 1. If recognition is to be given to MBE/WBE.participation on this project, within three (3) working days after bid opening, an MBE/WBE must be: (a) certified by the involved, County department or self-certified on an appropriate form satisfactory to the County; or (b) certified by any of the following agencies-State of California Department of Transportation. (Caltrans), City of Oakland, Port of- Oakland; Regional Transit Coordinating Council, San Francisco Human Rights Commission, Los Angeles County Metropolitan Transportation Commission, or U.S. Small Business Administration. HA2006\2250601\06G001015x.doc (Rev. 11/04/04) DIVISION E - 2 DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater Applications for certification and/or directories of MBE/WBE certified firms are available at the following locations: a. Contra Costa County Affirmative Action Office,651 Pine Street, 10th Floor,Martinez, CA 94553 Telephone: (925) 335-1045 Fax: (925) 646-1353 Email: brive@cao.co.contra-costa.ca.us b. City of Oakland Office of City Manager, Contract Compliance &Employment Services 250 Frank H. Ogawa Plaza, Suite 3341, Oakland, CA 94612 Telephone: (510)238-3970 Fax: (510)238-3363 c. Los Angeles County Metropolitan Transportation Commission Equal Opportunity Department, 1 Gateway Plaza, Los Angeles, CA 90012 Telephone: (213) 922-2600 Fax: (213)922-7660 d. Port of Oakland 530 Water Street, Oakland, CA 94607 Telephone: (510) 627-1657 Fax: (510)451-1656 e. Regional Transit Coordinating Council Includes the following agencies: AC Transit (Alameda Contra Costa Transit District) Telephone: (510) 891-7176 Fax: (510) 891-4724 Email: sandy@pacbell.net BART(Bay Area Rapid Transit District) Telephone: (510)464-6110 Fax: (510)464-7587 Email:jmackl@bart.dst.ca.us County Connection(Central Contra Costa Transit Authority) Telephone: (925) 676-1976 Fax: (925) 686-2630 Email : madrigal@cccta.org Metropolitan Transportation Commission Telephone: (510)464-7777 Fax: (510)464-7848 Email:bcecch@mtc.ca.us H:\2006\2250601\06G001015x.doc (Rev. 11/04/04) DIVISION E - 3 t DIVISION E. ,Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity. for Use on County-Funded Construction Contracts of$50,000 and Greater Samtrans(San Mateo County Transit District) Telephone: (650) 508-7939 Fax: (650) 508-7738 San'Francisco Municipal Railway/San Francisco Public Transportation Telephone: (415) 923-6139 Fax: (415) 923-6180 Santa Clara Valley Transportation Authority Telephone:(408) 952-4105 Fax: (408) 955-0892 Email: andy.flores@vta.org f. San Francisco Human Rights Commission 25 Van Ness Avenue, Suite 800, San Francisco, CA 94102-6033 Telephone: (415)252-2500 Fax: (415) 431-5764 Webpage: http://www.sfhumanrights.org/ (Note: Firm must be listed on their certification list, not their registry). g. Caltrans (California Department of Transportation) Division of Civil Rights, 1120 N Street,Room 2445, Sacramento. CA 958+14 Webpage: http:/www.dot.ca.gov/hq h. U.S. Small Business Administration Regional Office, 71 Stevenson Street, 20th Floor, San Francisco, CA 9410572939 Telephone: (415) 744-6843 Webpage: http://www.sba.gov 2. This applies to recognition as an MBE/WBE. a. All listed MBE or WBE firms must be certified as defined under, the preceding paragraph. b. 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/WBEs through subcontracting.. c. 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. H:\2006\2250601\06G001015x.doc (Rev. 11/04/04) DIVISION E.-4 DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater d. Recognition for materials and/or supplies is limited to 60 percent of the amount to be paid to the vendor, unless the vendor manufactures or substantially alters the materials/supplies. e. MBE/WBE credit shall not be given to a Joint Venture partner listed as a subcontractor by a Joint Venture bidder. f. 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. E. 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 businesses 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 the policy of Contra Costa County to provide all MBEs, WBEs, OBEs, SBEs, LBEs, and DVBEs 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, LBEs, and DVBEs have an equal opportunity to compete for and participate in County contracts. A bidder's good faith efforts to reach out to MBEs, WBEs, OBEs, SBEs, LBEs, and DVBEs (subcontractors, suppliers, manufacturers, truckers, etc.) will be determined by the Board of Supervisors from written documentation of the level of effort put into achieving the indicators. Failure to 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 3 4 5 6 7 8 9 10 Total Points 0 10 13 9 10 10 5 10 26 7 100 Each indicator(2-I0) is evaluated on a pass/fail basis, i.e., either full or zero points can be achieved for compliance with each item. 14:\2006\2250601\06G001015x.doc (Rev. 11/04/04) DIVISION E - 5 DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity. for Use on County-Funded Construction Contracts of$50,000 and Greater 1 OUTREACH PARTICIPATION AND MSM No Points The bidder has made a good faith effort to obtain sub-bid participation by MBEs, WBEs, OBEs, SBEs, LBEs, and DVBEs which could be expected by the County to produce a reasonable level of participation by interested business enterprises, 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) 313-7299 or bymail to Contra Costa County General Services Department, Capital Projects Management Division, 1220 Morello Avenue, Suite 100, Martinez California 94553. 3 SUFFICIENT WORK IDENTIFIED FOR SUBCONTRACTORS 113 Points The bidder has identified, listed and selected specific work items in the project to beP erformed by sub-bidders/subcontractors in order to Provide an opportunity for participation by MBEs, WBEs, OBEs, SBEs, LBEs, and DVBEs. 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, LBEs; and DVBEs. Required,Documentation: Proof of this must-be demonstrated in either Indicator 4 or 5. 14 ' ADVERTISEMENT. 9 Points Not less than ten (10) calendar days prior to bid opening, the bidder advertised for sub-bids from interested business enterprises in one or more daily or weekly newspapers, trade association publications, minority or trade oriented publications, trade journals, or other media, specified by the County, such as the Daily Construction Service, the Daily Pacific" Builder, or the Small Business Exchange. Required Documentation: A copy of the advertisement and a proof of publication`statement or other verification which confirms the date the advertisement was published. Note: The advertisement must be specific to the project, not generic, and may not be a plan holder advertisement provided by the publication. It should include the County project name, name of bidder, areas of work available for subcontracting, and a contact person's name and -telephone number, information on the availability of plans and specifications and the bidder's policy concerning assistance to subcontractors in obtaining bonds, lines of credit, and/or H;\2006\2250601\06G001015x.doc (Rev. 11/04/04) DIVISION E - 6 DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater 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. 5 1 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, LBEs, and DVBEs 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, LBEs, and DVBEs 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 D.1 above to obtain current copies of MBE/WBE directories for listings of certified MBE/WBE firms.) 6 FOLLOW-UP ON INITIAL SOLICITATION 10 Points The bidder has documented efforts to follow-up initial solicitations made in Indicator #5 by contacting the MBEs, WBEs, OBEs, LBEs, and SBEs to determine with certainty whether said businesses were interested in performing specific portions of the project work, to answer any questions from them, to record any telephone quotes, and to confirm/record the business' interest in bidding on the project. Required Documentation: A copy of telephone logs. These logs must include the name of the company called, telephone number,contact person,who did the calling, time, date, and the result of the conversation. Bidder must follow-up with all subcontractors to whom they sent letters. 7 PLANS, SPECIFICATIONS AND REQUIREMENTS 5 Points 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. H:\2006\2250601\06G001015x.doc (Rev. 11/04/04) DIVISION E - 7 DIVISION E: Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for .Use on County-Funded 'Construction Contracts of$50,000 and Greater 8 1 CONTACTED RECRUITMENT/PLACEMENT ORGANIZATIONS 10 Points The bidder has requested assistance from organizations that provide assistance in the recruitment and placement of MBEs, WBEs, OBEs, SBEs, LBEs, and DVBEs 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, LBEs, and DVBEs. Faxed copies must include the fax transmittal confirmation slip showing the date and time of transmission. Mailed letters must include copies'of the metered envelopes or certified mail receipts. Letters must contain areas of work to be subcontracted, County project name, name of the bidder, and contact person's name, address, and telephone number. 9 NEGOTIATE IN GOOD FAITH 26 Points The bidder has negotiated in good faith with interested MBEs,WBEs, OBEs, SBEs, LBEs, and DVBEs 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/DVBE 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, LBEs, and DVBEs 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 bidders's efforts to assist with bonds, lines of credit, and insurance. No laterthan three (3) working days following bid opening, the bidders shall submit completed good faith effort documentation to the County. In its review of the good faith effort documentation, the County may request additional information to validate and/or clarify that the good faith effort submission was adequate. Such information shall be submitted promptly upon request by the County. For MBE/WBE firms to be used on the project, the bidder shall submit, within three (3) working days after bid opening, a completed "Letter of Intent" form for each such firm (see sample form at end of Division E). Use of the form will verify the amount of work each MBE/WBE subcontractor, supplier, manufacturer, or trucker intends to perform. The form H:\2006\2250601\06G001015x.doc (Rev. 11%04/04) DIVISION E 8 DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater 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. F. 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 this Division E and to waive any other irregularities relating to compliance with the County's Outreach Program. G. 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: 1. Substitution During Construction: The contract award requires that the level of all subcontractor participation shall be maintained throughout the duration of the contract. a. The Contractor shall request advance approval for all substitutions of bid-listed subcontractors. b. 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. 2. 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). a. The Contractor shall call at lease 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: H.\2006\2250601\06G001015x.doc (Rev. 11/04/04) DIVISION E- 9 DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action `and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater 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. b. .The Contractor shall submit all documentation of good faith efforts to the County for review and approval by the County Administrator's Office. H. 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. L Final Subcontracting Report SubmittalNerification of Performance Forms The Contractor,must submit the Final Subcontracting Report to the County Affirmative Action Office within fifteen (15) calendar days after the final inspection of the contract work by the County. Failure to comply may result in the assessment of liquidated damages in the amount of five hundred dollars ($500.00) per calendar" day by the Board- of Supervisors. Upon completion of work, the Contractor shall submit a completed. "Verification of Performance".form (see sample form at end of Division E) 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. J. 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. K. Prompt Payment The Contractor shall make prompt payment to its subcontractors,r truckers, suppliers, and manufacturers in accordance with their contracts and legal relationships. H:\2006�2250601\06G00101.5x.doc (Rev. 11/04/04) DIVISION E- 10 DIVISION E. Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater SECTION 2. MANDATORY SUBCONTRACTING MINIMUM A. General This project is subject to the policies and requirements established by the Board of Supervisors Outreach Program-Construction. The County is committed to maximizing subcontracting opportunities in the provision of all goods and services to the County on a contractual basis. The Outreach Program is set forth herein. Bidders should be fully informed of this program. Failure to comply with the Mandatory Subcontracting Minimum requirements may render the bid non-responsive. B. 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. C. Definitions For purposes of this program, the following definitions shall apply: 1. "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. 2. "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. 3. "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. 4. "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. H:\2006\2250601\060001015x.doc (Rev. 11/04/04) DIVISION E - 11 DIVISION E. Outreach Program/Mandatory. Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity ..for Use on County-Funded. Construction Contracts of$50,000 and Greater 5. "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 comparedwith fees customarily allowed.for similar services. D. , MSM Participation Recognition 1. Work performed by a prime contractor will not be considered "for credit toward the MSM participation level: 2. MSM credit for materials and/or,supplies is limited to�60 percent of the amountto be paid to the vendor for the materials/supplies. 3. MSM ,credit for a vendor who 'substantially alters materials/supplies, and/or is a manufacturer will be 100 percent. 4. 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. 5. MSM credit shall not be given to a Joint Venture partner listed as a subcontract nby.a Joint Venture bidder. H\2006\2250601\06G001015x.doc (Rev. 11/04/04) DIVISION E - 12 "' DIVISION E.Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater PROPOSAL All good faith effort documentation must be submitted with the bid or within three (3) working days following the bid opening. Failure to submit the required good faith effort documentation within three (3) working days following the bid opening may render the bid non-responsive. The bidder is required to subcontract the following minimum percentage of its bid: Mandatory Subcontracting Minimum (MSM) 13 % Requirement NOTE: Outreach Program information and/or assistance may be obtained through the County's Affirmative Action Office at (925) 335-1045. H_\2006\2250601\066001015x.doc (Rev. 11/04/04) DIVISION E - 13 DIVISION E.Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater SECTION 3. AFFIRMATIVE ACTION AND EQUAL EMPLOYMENT OPPORTUNITY The Contractor shall,pay special attention to Division F General Conditions, Section 36 Equal Employment Opportunity and Labor Code Section 1735 and these special provisions. A. Employment Goals 1. On projects of $1,000,000 or more it shall be the goal of each contractor and subcontractor to ensure that the overall minority composition of all persons employed specifically for the purpose of completing this contract shall reflect the`overall minority composition of the labor force of Contra Costa County (25.7%) and 6.9% 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. 2. 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 and women are in proportion to the overall minority composition of the Contra Costa County labor force population. 3. The goals shall apply to the contractor and all subcontractors regardless of how they are . selected. B. Specific Affirmative.Action Stens 1. No contractor or subcontractor shall be found to be in noncompliance solely on account of its failure to meet its goals. The Contractor and subcontractor 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. 2. 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.Paragraph A "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: a) 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. H:\2006\2250601\06G001015x.doc (Rev. 11/04/04) DIVISION'S - 14 DIVISION E.Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater b) 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. c) 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. d) 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. e) The Contractor shall solicit and sponsor members of minority groups and females for pre-apprenticeship training. f) The Contractor shall demonstrate an effort to cooperate with the unions with which the Contractor has agreements in the development of programs to assure qualified members or minority groups and females of equal opportunity in employment in the construction trades. g) 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. h) The Contractor shall establish and maintain a current list of minority and female recruitment sources, and shall notify community organizations that the Contractor has employment opportunities available, and shall maintain the records of organizations'responses. The Contractor shall make a specific effort to encourage its current employees to recruit any qualified minority and female workers. i) 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. H:\2006\2250601\06G001015x.doc (Rev. 11/04/04) DIVISION E - 15 DIVISION E.Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater D :The Contractor shall disseminate an EEO policy externally.byproviding 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: k) 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. 1) 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. m) 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. C. Repo tinRequirements The provisions in Division General Conditions, Section 36 Equal Employment , Opportunity and Labor Code Section 1735 are amended as follows: Each employee,shall be identified as to minority or non-minority status and as to gender status on a form,acceptable to the Contract Compliance Officer. Forms shall be submitted weekly to the Contract Compliance Officer. When payroll records are required,this information may be included on certified payroll records using California Department of Industrial Relations Public Works Payroll Reporting Form A-1-131 D. Enforcement The Contract Compliance Office will review Contractor's and subcontractor's "project" employment practices during the performance of the work. HA2006\2250601\06G001015x.doc (Rev. 11/04/04) DIVISION E- 16 DIVISION E.Outreach Program/Mandatory Subcontracting Minimum/Affirmative Action and Equal Employment Opportunity for Use on County-Funded Construction Contracts of$50,000 and Greater 1. Determination of Noncompliance: If the Contract Compliance Officer determines that there is an apparent violation of any substantial requirements of these "Affirmative Action and.Equal Employment Opportunity" special provisions, Division F General Conditions, Section 36 Equal Employment Opportunity or Labor Code Section 1735 by the Contractor or one of its subcontractors, the Contract Compliance Officer will hold a meeting with the Contractor, and its subcontractor (if applicable), for the purpose of determining whether the Contractor is indeed out of compliance. If after the meeting the Contract Compliance Officer finds the Contractor out of compliance, the Contractor will be notified of its appeal rights to the County Administrator. In the event that the Contractor disagrees with the County Administrator's 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 Fair Employment Practices Commission to be a violation by the Contractor of the nondiscrimination requirements of this project, and such violation shall be subject to the sanctions provided herein. The same shall apply to violations of the Equal Employment Opportunity Commission regulation and other state and federal compliance agencies. Any sanctions imposed by the County for such violations shall be in addition to any sanctions or penalties imposed by the regulatory agencies or commissions. 2. Sanctions: A finding at the public hearing that there has been a violation of the Affirmative Action and Equal Employment Opportunity requirements of this project shall be cause for the Board of Supervisors to impose any or all of the following sanctions: a) 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. b) 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. c) Cancel the contract and collect appropriate damages from the Contractor. d) 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. DS:GBAs H:\2006\2250601\06G001015x.doc (Rev. 11/04/04) DIVISION E - 17 Contra Costa County. OUTREACH PROGRAM Affirmative Action Office 651 Pine Street,Martinez,CA 94553 (925)335-1045 Fax(925)646-1353 LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR/SUPPLIER/MANUFACTURER/TRUCKER 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 DVBE _ Subcontractor _ Subcontractor _ Subcontractor _ Subcontractor Subcontractor Supplier Supplier Supplier Supplier — Supplier Manufacturer Manufacturer _ Manufacturer _ Manufacturer _ Manufacturer Trucker _ Trucker _ Trucker' _ Trucker _ Trucker Other _ Other _ Other _ Other _ Other Describe 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 H:\2006\2250601\06G001015x.doc (Rev. 11/04/04) DIVISION E 18 Contra Costa County OUTREACH PROGRAM Affirmative Action Office 651 Pine Street,Martinez, CA 94553 (925)335-1045 Fax(925)646-1353 VERIFICATION OF PERFORMANCE SUBCONTRACTOR/SUPPLIER/MANUFACTURER/TRUCKER/SUBCONSULTANT 1. Name of Prime Contractor 2. Name of Project 3. Project Number 4. The undersigned performed work in connection with the above project as(check one): Sole proprietorship Corporation Limited Liability Partnership Joint Venture 5. Check the following which may apply. MBE WBE SBE LBE DVBE _Subcontractor _Subcontractor _Subcontractor _Subcontractor _Subcontractor Supplier _Supplier _Supplier _Supplier _Supplier _Manufacturer _Manufacturer _Manufacturer _Manufacturer _Manufacturer _Trucker _Trucker _Trucker _Trucker _Trucker Other _Other _Other _Other _Other Describe Describe Describe Describe Describe None of the Above Apply 6. The undersigned has performed the following described work in connection with the above project(specify in detail the particular work items or parts that were performed): 7. Total Bid to Prime Contractor or Consultant: $ 8. Total Amount Received: $ 9. Explain any difference between lines#7 and#8 by attaching a written explanation. 10. Signature Position/Title Date 11. Name of Person Completing this Form 12. L ) Company Name Phone Number FAX Number H:\2006\2250601\066001015x.d6c (Rev. 11/04/04) DIVISION E - 19 SE L .Contra Costa County ..a � Attention STA ��Ux� special Notice Date: January 2004 To: Prime Contractors From: Emma Kuevor Affirmative Action Officer Subject: New Business Enterprise Category On October 14, 2003, the Board of Supervisors approved the addition of the Disabled Veterans Business Enterprise (DVBE) category to the County's Outreach Program. The definition of a DVBE is: A Disabled Veteran Business Enterprise (DVBE) is a business entity at least 51% owned by one or more disabled veterans and whose daily business operations must be managed and controlled by one or more disabled veterans(s); the disabled veteran(s)who manages and controls the business is not required to be the disabled veteran business owner(s); and the home office must be located in the U.S. (the home office cannot be a branch or subsidiary of a foreign corporation, foreign firm, or other foreign based- business). The disabled Veteran must be a California resident, have a service-connected disability of at least 10% or more and be an honorably discharged veteran of the U.S. Military, Naval or Air Services. Whenever you see the listing of Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs), Small Business Enterprises (SBEs), and Local Business Enterprises (LBEs), please add Disabled Veteran Business Enterprises (DVBEs) to the list of business enterprises. For example: MBE, WBE, SBE, LBE, and DVBE. Contact the following agency for a listing of DVBEs: State of California Department of General Services Procurement Division Small Business and DVBE Certification 707 Third Street, 1St Floor, Room 400 P. O. Box 989052 West Sacramento, CA 95798-9052 (800) 559-5529 http://www.pd.dgs.ca.gov/smbus/certinq.htm If you have any questions contact: Affirmative Action Office County Administration Building 651 Pine Street, 10th Floor Martinez, California 94553-1229 (925) 335-1045 Fax: (925)646-1353 H:\2oo6Q2506o1\o6Goo1015x.doc Attachment 1 DIVISION F. GENERAL CONDITIONS SECTION 1. Definitions: Whenever the following terms, pronouns in place of them, or initials of organizations appear in. the contract documents, they shall have the following meaning: Addendum - A document issued by the County during the bidding period which modifies, supersedes, or supplements the original contract documents. Agreement- The written document of agreement, executed by the County and the Contractor. Architect or En 'neer- Shall mean the architect, engineer individual or co-partnership, employed by the County of Contra Costa; as designated on the title sheet of these specifications. When Contra Costa County is designated as the Engineer, Engineer shall mean the Director of General Services, or his authorized representative. Bidder - Any individual, partnership, corporation, association,joint venture, or any combination thereof, submitting a proposal for the work, acting directly, or through a duly authorized representative. Board of Supervisors - Shall mean the duly elected or appointed officials who constitute such a Board, who will act for the County in all matters pertaining to the Contract. Change Order- Is any change in contract time or price and any change in contract documents not covered by subcontractors. Project Inspector, Construction Supervisor, Inspector, or Clerk of the Works - Shall mean the authorized agent of the County at the site of the work. Contract- The contract is comprised of the contract documents. Contract Documents - The contract documents include the agreement, notice to contractors, instructions to bidders, proposal, plans, general conditions, specifications, contract bonds, addenda, change orders, and supplementary agreements. Contractor - The individual, partnership, corporation, association, joint venture, or any combination thereof, who has entered into a contract with the County. Counly - Shall mean the County of Contra Costa, a political subdivision of the State of California and partyof the first part, or its duly authorized agent.acting within the scope of their authority. General Notes - The written instructions, provisions, conditions, or other requirements appearing on the drawings, and so identified thereon, which pertain to the performance of the work. Plans .The official drawings including plans, elevations, sections, detail drawings, diagrams, general notes, information and schedules thereon, or exact reproductions thereof, adopted and approved by the County showing the location, character, dimension, and details of the work. Specifications- The instructions, provisions, conditions and detailed requirements pertaining to the methods and manner of performing the work, or to the qualities and quantities of work to be. furnished and installed under this contract. \\Gsd_fsl\volapp\TEMPLATE\ARCH\Boiler Plates\Division F.doc (2/14/02) DIVISION F-1 DIVISION F. GENERAL CONDITIONS (Continued) Subcontractor - An individual, partnership, corporation, association, joint, venture, or any combination thereof, who contracts with the Contractor to perform work' or labor or render service in or about:the work. The term subcontractors shall not include those, who supply materials only. Superintendent, The representative of the Contractor who shall be present at the work site at all times during perforrnance of the work. Such Superintendent shall at all times be fully authorized to receive and act upon instructions from the County or its authorized agents and to execute and direct the work on behalf of the Contractor. Supplemental Instruction - An instruction given during the course of the work (See Section 16- B). Work - The furnishing and installing of all labor, materials, articles, supplies, and equipment as specified, designated,or required by the contract:' SECTION 2. Governing Laws and Regulations: A. The Contractor shall keep informed of and observe, and comply with and cause all of his agents and employees to observe and comply with all prevailing Federal.and State laws, local ordinances, and rules and regulations made pursuant to said laws which in any way affect the conduct of the work of this contract. B. All work and materials shall be in full accordance with the latest rules and regulations.of the Uniform Building Code, the State Fire Marshal, the Safety Orders of the Division of Industrial Safety, the National Electric Code, the Uniform Plumbing Code published by`the Western Plumbing Officials Association, and other applicable State laws or regulations. Nothing in thesePlans.or Specifications is to be construed to permit work not conforming to these Codes. The Contractor shall keep copies of Codes on job at all times during construction period. Work shall meet the requirements of Contra Costa County Ordinance, Title 7. C. Excerpts from Section 6422 of the Labor Code of the State of California are included below.. The Contractor shall comply fully with this section of the Labor Code as.applicable. "No contract for public works involving an estimated expenditure in excess of$25,000:00 for the excavation of any trench or trenches five feet or more in depth, shall be awarded unless it contains a clause requiring submission by the Contractor and acceptance by the awarding body or by a registered civil or structural engineer, employed by the awarding body to whom authority to accept has been delegated, in�advance of.excavation, of a detailed plan showing' the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders, the plan shall be prepared by a registered civil or structural engineer. "Nothing in this section shall be deemed to allow the use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders of the Division-of Industrial Safety. "Nothing in this section shall be construed 'to impose tort liability on the awarding body or any of its employees. "The terms 'public works' and g.'awardin body', as used in this section shall have`the same meaning as in Labor Code Section 1720 and 1722 respectively." \\Gsd_fsl\volapp\TEMPLATE\ARCH\BoilerPlates\DivisionF.doc (2/14/02) DIVISION F-2 DIVISION F. GENERAL CONDITIONS (Continued) SECTION 3. Patents and Royalties: A. The Contractor shall provide and pay for all Iicenses and royalties necessary Yfor the legal use and operation of any of the equipment or specialties used in the work. Certificates showing the payment of any such licenses or royalties, and permits for the use of any patented or copyrighted devices shall be secured and paid for by the Contractor and delivered to the County on completion of the work, if required. SECTION 4. Contractor's Responsibility for Work and Public Utilities: A. The Work: Until the formal acceptance of the work by the County, the Contractor shall have the charge.and care thereof and shall bear the risk of injury or damage to any part of the work by the action of the elements or from any other cause except as provided in Section 23. The Contractor, at Contractor's cost, shall rebuild, repair, restore, and make good all such damages to any portion of the work occasioned by any of such causes before its acceptance. B. Public Utilities: 1. The Contractor shall send proper notices, make all necessary arrangements, and perform all other services required in the care and maintenance of all public utilities. The Contractor shall assume all responsibility concerning same for which the County may be liable. 2. Enclosing or boxing in, for protection of any public utility equipment, shall be done by the Contractor. Upon completion of the work, the Contractor shall remove all enclosures, fill in all openings in masonry, grouting the same watertight, and leave in a finished condition. 3. All connections to public utilities shall be made and maintained in such manner as not to interfere with the continuing use of same by the County during the entire progress of the work. SECTION 5. Bonds and Insurance: A. The Contractor to whom the work is awarded shall within the time specified in Division B, Instructions to Bidders, enter into a contract with the owner on the Contra Costa County Standard Form for the work in accordance with the drawings and Specifications, and shall furnish and file at the same time payment and performance bonds as set forth in the advertisement for bids, on forms set forth in Division D of these Specifications. B. Compensation Insurance: The Contractor shall take out and maintain during the life of this Contract, adequate Workers' Compensation Insurance for all his employees employed at the site of the project, and in case any work is sublet, the Contract shall require the.subcontractor similarly to provide Workers' Compensation Insurance for the latter's employees, unless such employees are covered by the protection afforded by the Contractor. \\Gsd_fslWolapp\TEMPLATE\ARCH\Boilerplates\Division F.doc (2/14/02) DIVISION F-3 DIVISION F. GENERAL CONDITIONS (Continued) In case any class of employee engaged in hazardous work under the Contract at the site of the project is not protected under the Workers' Compensation statute, or in case there is no applicable Workers'Compensation statute,the Contractor shall provide, and shall cause each subcontractor to provide, adequate insurance for the protection of his employees not otherwise protected. C. Public Liability and Property Damage Insurance: The Contractor,,: at no cost to Public Agency, shall obtain and maintain during the term hereof, Comprehensive Liability Insurance, including Broad Form Property Damage and Blanket Contractual Liability, with a minimum combined single-limit coverage of $1,000,000.00, and coverage for owned and non-owned automobiles, .with a minimum combined single'-limit coverage of$500,000.00 for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, including the loss of use thereof, arising out of each accident or occurrence. Contractor shall furnish evidence of such coverage, naming as additionalinsured Public Agency, and its elective: and appointive boards, commissions, officers, agents, and employees together with any additional persons and entities, if 'any, listed in the Supplementary General Conditions (Division G), and requiring 30 days' written notice of policy lapse or,cancellation, non-renewal, or material change in coverage. D Fire Insurance: The Public Agency will be responsible for Fire Insurance. E. Certificates of Insurance: Certificates of such Workers . Compensation, Public Liability, and-•Property Damage Insurance, shall be filed with the County and shall be subject to County approval for adequacy of protection. All certificates.,shall indicate that Contra Costa County has been named as an additional insured. These certificates shall contain a provision that coverage afforded under the policies will not be cancelled until at least thirty days prior written notice has been given to Contra Costa County, F. Performance Bond: One bond shall be in the amount.of one hundred percent (100%) of the Contract, and shall insure the Owner during the life of the Contract and for the term of one year from the date of acceptance of the work against faulty or improper materials or workmanship that.may be discovered during that time. Said bond shall be issued on the form set forth in Division D of these Specifications. G. Payment Bond: One bond shall be in the amount of one .hundred percent (100%) of the Contract price, and shall be in accordance with the laws of the State of California to secure the payment of all claims for labor and materials used or consumed in the performanceof this contract and of all amounts under the Unemployment Insurance Act. Said bond shall be issued.on the form set forth.in Division D of these Specifications. \\Gsd_fsl\volapp\TFMPLATE\ARCH\BoilerPlates\DivisionF.doc (2/14/02) - DIVISION F-4 DIVISION F. GENERAL CONDITIONS (Continued) SECTION 6. Subcontracting: A. The Contractor shall be responsible for all work performed under this contract, and no subcontractor will be recognized as such. All persons engaged in the work will be considered as employees of the Contractor. B. The Contractor shall give his personal attention to the fulfillment of this contract and shall keep the work under his control. When any subcontractor fails to prosecute a portion of the work in a manner satisfactory to the Architect or Engineer, the Contractor shall remove such subcontractor immediately upon written request of the Architect or Engineer and he shall not again be employed on the work. C. Although the specification sections of this contract may be arranged according to various trades, or general grouping of work, the contractor is not obligated to sublet the work in such manner. The County will not entertain requests to arbitrate disputes among subcontractors or between the Contractor and. one or more subcontractors concerning responsibility for performing any part of the work. D. Subletting or subcontracting any portion of the work as to which no subcontractor was designated in the original bid shall be permitted only in case of public emergency or necessity, and then only after a finding reduced to writing as public record of the awarding authority setting forth the facts constituting such emergency or necessity. E. Substitution of Subcontractors: Contractor shall not substitute any person or subcontractor in place of a subcontractor listed in his bid proposal without the written approval of the County. Substitution of subcontractors must be in accordance with the provisions of the "Subletting and Subcontracting Fair Practices Act" beginning with Section 4100 of the Public Contract Code. Violations of this Act by the Contractor may subject him to penalties which may include cancellation of contract, assessment of 10 percent of the subcontractor's bid, and disciplinary action by the Contractors' State License Board. SECTION 7. Time of Work and Damages: A. The County will designate the starting day of the contract on which the. contractor shall immediately begin and thereafter diligently prosecute the work to completion. The Contractor obligates himself to complete the work on or before the date, or within the . number of calendar days, set forth in the Proposal (Bid Form) for completion, subject only to such adjustment of time as may be set forth in this article or pursuant to Section 21. B. If the work is not completed within the time required, damage will be sustained by the County. It is and will be impracticable and extremely difficult to ascertain and determine the actual damage which the County will sustain by reason of such delay; and it is therefore agreed that the Contractor will pay to the County the sum of money stipulated per day in the Specifications for each and every day's delay in finishing the work beyond the time prescribed. If the Contractor fails to pay such liquidated damages the County may deduct the amount thereof from any money due or that may become due the contractor under the contract. C. The work shall be regarded as completed upon the date the County has accepted the same in writin . D. Written requests for contract time extensions, along with adequate justification, shall be submitted to the County not later than 10 calendar days following the delay. \\Gsd_fsl\volapp\TEMPLATE\ARCH\Boiler Plates\Division F.doe (2/14/02) DIVISION F-5 DIVISION F. GENERAL CONDITIONS (Continued) E. Any money due, or to become due the Contractor, may be retained to cover said liquidated damages and should such money not be sufficient to cover such damages, the County shall have the right toyecover the balance from the Contractor or his sureties. F. Should the. County, for any cause, autlionze> a suspension of work, the time of such suspension will be added to the time allowed for completion. Suspension of work by order of the County shall not be deemed.a waiver�of the claim of the County for damages for non completion.of the work after the adjusted time:as required above. is SECTION 8. ProgressSchedule: shr Prior.to beginning work the Contractor shall submit to the County a practicable progress schedule of operations on a chart form approved by the County. The schedule of operations shall show the order in which the Contractor proposes to carry out the work, the dates on-which he will start each major subdivision of the work, and the contemplated dates of completion of such subdivision.. The Contractor shall submit an adjusted progress schedule on the approved form to reflect changed conditions. (Normally, a new. schedule will be requested when schedule is more than thirty.(30) days in error). SECTION 9. Temporary Utilities and Facilities: A: All water used on the work will be furnished and paid for by the Contractor. The Contractor shall furnish the necessary temporary piping from the distribution point to the points on the site where water is necessary to carry on the work and upon completion of the'work shall remove all temporary piping. B. The Contractor, at his own cost, shallfurnish and install all meters; all electric light and power equipment and wiring, all gas meters, gas equipment and piping that is necessary to perform his work and shall remove the same upon the. completion` of the work. The Contractor shall pay for all power, light and gas used in the construction work. C. The Contractor shall furnish, wire for, install and maintain temporary electric,light wherever it is necessary to provide illumination for the proper performance and/or inspection of the work. The lighting shall provide sufficient illumination and .shall be so placed and distributed that these Specifications can be easily read in every place where said work is being"performed. This temporary lighting equipment may be.moved about but shall be maintained throughout the work, available for the use of the Engineer, Project Inspector, or any other authorized representative of the County whenever required for inspection. D. The Contractor shall provide and maintain-for the duration of the work, temporary toilet facilities for the workers. These facilities shall be of an approved type conforming to the . requirements of the County Health Department,, and shall be weathertight structures `with raised floors. Structures are to have adequate light and ventilation and door equipped with latch,or lock. Contractor shallservice such facilities daily, maintaining same in.a clean and sanitary'condition. Portion of site occupied by toilet facilities shall be graded and cleaned up upon removal of facilities when so ordered and/or upon completion of work. E. The County will pay directly to the utility companies connections fees,- annexation fees; permit fees, acreage fees, and all other fees required by the utility companies and associated With the permanent utility services. If additional fees associated with the temporary services are required they will be paid by the Contractor. \\Gsd_fsl\volapp\TEMPLATE\ARCH\Boiler PlatesTivision F.doc (2/14/02) DIVISION F-6 DIVISION F. GENERAL CONDITIONS (Continued) County will not pay for water, gas, telephone and electricity consumed on the project until after the County makes written request to the utility companies that billings be sent to the. County. (Normally, the County will make these requests after the project is accepted as complete.) F. See Supplementary General Conditions for Variations to the above requirements. SECTION 10. Permits: The Contractor shall make application for all permits that are required for the performance of his work by all laws, ordinances, rules, regulations, or orders, of any body lawfully empowered to make or,issue the same and having jurisdiction, and shall give all notices necessary in connection therewith. The Contractor is not required to pay any charges associated with permits except for reinspection charges or for encroachment permits for work performed in public right of ways. SECTION 11. Conduct of Work:. A. The Contractor shall observe that the County reserves the right to do other work in connection with the project by Contract or otherwise, and he shall at all times conduct his work so as to impose no hardship on the County or others engaged in the work. He shall adjust;correct and coordinate his work with the work of others so that no discrepancies shall result in the whole work.' B. The Contractor shall provide an adequate work force, materials of proper quality, and equipment to properly carry on the work and to insure completion of each part in accordance with his schedule and with the time agreed. C. The Contractor shall personally superintend the work and shall maintain a competent superintendent or foreman at all times until the job is accepted by the County. This superintendent shall be empowered to act in all matters pertaining to the work. D. Daily Manpower Reports shall be signed by the Contractor, or his Superintendent, and submitted weekly. E. Unless otherwise specified,.the Contractor shall clear all obstructions and prepare the site ready for the construction. He shall verify dimensions and scale of plot plans, .and shall check all dimensions, levels, and construction. F. Where work of one trade joins, or is on other work, there shall be no discrepancy or incomplete portions when the total project is complete. In engaging one kind of work with another, marring or damaging same will not-be permitted. Should improper work of any trade be covered by another which results in damage, or defects, the whole work affected shall be made good by the Contractor without expense to the County. G. The Contractors shall anticipate the relations of the various trades to progress of the work and shall see that required anchorage or blocking is furnished and set at proper times. Anchorage and blocking for each trade shall be a part of same, except where stated otherwise. H. Proper facilities shall be provided at all times for access of the County representatives to conveniently examine and inspect the work. I. Watchmen, at Contractor's option, shall be maintained during the progress of the work as required, at the expense of the Contractor. \\Gsd_fsIWolapp\TEMPLATE\ARMBoiler Plates\Division F.doc (2/14/02) DIVISION F-7 DIVISION F. GENERAL CONDITIONS (Continued) J. If any subcontractor or person employed by the Contractor shall appear to the Engineer to be incompetent or to act in a disorderly or improper manner,he shall be discharged immediately on the written request of the Engineer/Architect, and such person shall not again be employed on the work. K. Once having started the work, the Contractor shall proceed with dispatch and without , interruption until the project is completed. L. Precautions shall be exercised at all times for the protection of persons (including employees) and-property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery,equipment, and all hazards shall be guarded or eliminated in accord with recommended safety provisions established by the Associated General Contractors ,of America, to the extent that such provisions are not in contravention of applicable law. The . Contractor shall:'.. protect hazards with adequately constructed guard rails and/or barricades and shall provide lanterns, warning lights, and the like, as necessary. The Contractor shall eliminate attractive nuisances from the work and from the site. To this end he shall so dispose, store, guard, and protect the premises and all work, materials,.equipment and both permanent and.temporary construction as to preclude the unauthorized use thereof by children or others and particularly to eliminate possible consequent injury to unauthorized persons. M. Activities which are inherently loud and which might disturb neighbors (such as use of helicopters to hoist materials and equipment; use of earth moving equipment; use of pile driving equipment) shall not begin before 8:00 a.m. and shall not continue past 6:00 p.m.., N. In no case shall the County or Architect be responsible for construction means, methods, techniques, sequences or procedures or for safety precautions and programs in-connection with the other work nor shall the County or Architect be responsible for Contractor's failure to employ proper safety procedures. SECTION 12. Responsibility For Site Conditions: The following shall constitute exceptions, and the sole exceptions, to the responsibility.of the Contractor set forth in.Section 3, in the Instructions to Bidders: A. If, during the course of the work, the Contractor encounters active utility installations which are not shown or indicated in the plans or in the specifications, or which are found in a location substantially different from that shown, and such utilities are not reasonably apparent from visual examination, then he shall promptly notify the County in writing. Where necessary, for the work of the contract, the County shall issue a written order to the Contractor to make such adjustment, rearrangement, repair, removal, alteration, or special handling of such utility, including repair of the damaged utility. For the purposes of the foregoing, "active" shall mean other than abandoned, and."utility installations" sha11 include the following: Steam, petroleum products, air, chemical, water, sewer, storm water, gas, electric, and telephone pipe lines or conduits. The Contractor shall perform the work described in such written order and compensation therefor will be made in accordance with Section 21, relating to changes in the work.- Except for the items of cost specified in such Sections, the Contractor shall receive no compensation for any other cost, damage or delay to him due to the.presence of such utility. If the Contractor fails to give the notice specified above and thereafter acts without instructions from the County,then he shall be liable for any or all damage to such utilities or other work �. of the contract which arises from his operations subsequent to discovery thereof, and he shall repair and make good such damage at his own cost. \\Gsd_fs I\volapp\TEMPLATE\ARCH\Boiler Plates\Div is ion F.doc (2/14/02) DIVISIONT-8 DIVISION F. GENERAL CONDITIONS (Continued) B. If the contract requires excavation or other work to a stated limit of excavation beneath the surface, and if during the course of the work the County orders a change of depth or dimensions of such subsurface work due to discovery of unsuitable bearing material or for any other cause, then adjustment to contract price for such change will .be made in accordance with Section 21. Except for the items of cost specified therein, the Contractor shall receive no compensation for any other cost, damage, or delay to him due to the presence of such unsuitable bearing material or other obstruction. SECTION 13. Inspection: A. The Contractor shall at all times permit the County and their authorized agents to visit and inspect the work or any part thereof and the shops where work is in preparation. This obligation shall include maintaining proper facilities and safe access for such inspection. Where the contract requires work to be tested, it shall not be covered up until inspected and approved by the County, and the Contractor shall be solely responsible for notifying the County where and when such work is in readiness for inspection and testing. Should any such work be covered without such test and approval, it shall be uncovered at the Contractor's expense. B. Whenever the Contractor intends to perform work on Saturday, Sunday, or a legal holiday, he shall give notice to the County of such intention at least two working days prior to performing such work, or such other period as may be specified, so that the County may make necessary arrangements. C. The inspection of the work or materials shall not relieve the Contractor of any of his obligations to fulfill his contract as prescribed: Work and materials not meeting such requirements shall be made good and unsuitable work or materials may be rejected, notwithstanding that such work or materials have been previously inspected or that payment has been made. D. Construction review of the Contractor's performance by the County is not intended to include the review of the -adequacy of the contractor's safety measures, in, on, or near the construction site. SECTION 14. Resection of Materials: A. The Contractor shall promptly remove from the premises all materials condemned by the County as failing to conform to the Contract, whether incorporated in the work or not, and the Contractor shall promptly replace and reexecute his own work in accordance with the Contract and without expense to the County and shall bear the expense of making good all work of other Contractors destroyed or damaged by such removal. B. If the Contractor does not remove such. condemned work and materials within reasonable time, fixed by written notice, the County may remove them and may store the materials at the expense of the Contractor. If the Contractor does not pay the expenses -of such removal within ten (10) days thereafter, the County may upon ten (10) days written notice, sell such materials at auction or at private sale and.shall account for the net proceeds thereof after deducting all costs and expenses that should have been borne by the Contractor. \\Gsd_fsl\volapp\TEMPLATE\ARCH\Boiler Plates\Division F.doc (2/14/02) DIVISION F-9 DIVISION F. GENERAL CONDITIONS (Continued) SECTION 15. Interpretation of Contract Requirements: A. Correlation: The contract documents shall be interpreted as being complementary in requiring:a complete work ready for use and occupancy or, if not to be occupied, operation. Any requirement occurring in any one of the documents is as binding as though occurring in B: Conflicts in the'Contract Documents: Incase of discrepancies or conflicts in information or requirements within the drawings, within.the specifications, or between the drawings and the specifications, the most expensive requirement shown or specified shall be the basis of the contract. C. Omissions: If the contract documents,are not.complete as to any minor detail of a required construction system or with regard to the manner of combining or installing of parts, materials, or equipment, but there exists an accepted trade standard for good construction, such detail shall' be deemed.to have been impliedly required by the contract documents in accordance with such standard. 1. "Minor detail".shall include the concept of substantially identical components; where the price of each such component is small even-though the aggregate cost or:importance is substantial, and shall include a single component which is incidental, even though its cost or importance may be substantial. 2. The quality and quantity of the parts or material so supplied shall conform to trade standards and be compatible with the type, composition, strength, size; and profile,of the. parts or materials otherwise set forth in the contract documents. SECTION 16. Clarifications and Additional Instruction: A. Notification by Contractor: Should the Contractor discover any conflicts, omissions, or errors in the contract documents or have, any question concerning interpretation or clarification of the contract documents, or if it appears to him that the work to be done or any matters relative thereto are not sufficiently detailed or explained in the contract documents, then, before proceeding with the work affected, he shall immediately notify the County in writing through the Construction Supervisor, and request interpretation; clarification or furnishing of additional detailed instructions concerning the work. All such questions shall be resolved and instructions to the Contractor issued within a reasonable time by the County, whose decision.shall be final and conclusive. Should the Contractor proceed with the work affected before receipt of instructions from the County, he:shall remove and replace or adjust any work which is not in accordance therewith and he shall.be responsible for any resultant damage, defect or added cost. B. Supplemental Instructions: During the course of the work the Architect and/or Engineer may issue Supplemental Instructions regarding the-work. These Supplemental Instructions will supplement the :Plans and Specifications in order to clarify the 'intent of the contract documents by adjustment to meet field conditions or to make the various phases of the work meet and.join properly. A Supplemental Instruction involves no change m contract-time or price. Performance, partially or in full, of a Supplemental Instruction shall constitute a waiver of claim for a change in contract time or price for the work covered by the Supplemental Instruction, unless a Change Order has been issued. C. Change Orders: See Section 21. \\Gsd_fsl\volapp\TEMPLATE\ARCH\BoilerPlatesUvisionF.doc (2114i02) DIVISION F-10, DIVISION F. GENERAL CONDITIONS (Continued) SECTION 17. Product and Reference Standards: A. Product Designation: When descriptive-catalogue desi ations, including manufacturer's name, product brand name, or model number are referred to in the contract documents, such designations shall be considered as being those found in industry publicationsof current issue at date of first invitation to bid. B. Reference Standards:I When standards of the Federal Government, trade societies, or trade associations are referred to in the contract documents by specific date of issue, these shall be considered a part of this contract. When such references do not bear a date of issue, the current published edition at date of first invitation to bid shall be considered as part of this contract. SECTION 18. Substitutions, Materials, Articles, and Equipment: A. Within fifteen (15)ddays after the signing of the Contract, the Contractor shall submit for approvalto the County a complete list of all materials it is proposed to use-under this contract, which differ in any respect from materials specified. This list shall include all materials which are proposed by the Subcontractors as well as by himself for use in work of his Contract and which are not specifically mentioned in the Specifications. B. Substitutions: Wherever the name or brand of a manufacturer's article is specified herein, it is used as a measure of quality and utility or a standard. If the Contractor desires to use any other brand or manufacture of equal quality and utility to that specified, he shall make application to the County in writing for any proposed substitutions. Failure to propose the substitution of any article within thirty-five (35) days after the signing of the Contract may be deemed sufficient cause for the denial of request for substitution. Such proposed substitution shall be accompanied by evidence satisfactory to the County that the material or process is equal to that specified. Request for substitution shall be made in ample time for the County's consideration as no delay or extra time-will be allowed on account thereof. Evidence furnished to the County by the Contractor shall consist of adequate size samples of material, testing'laboratory reports on material or process, manufacturer's specification data, field reports on product's approval and use by other public agencies, material costs, and installation costs and maintenance provisions and experience or other data as required by the County. The County's decision concerning the refusal or acceptance of proposed substitute for that specified shall be accepted as final. Failure to submit competent evidence as required and requested by.County shall be considered grounds for refusal of substitution. . No such proposal will be considered unless accompanied by complete information and descriptive data necessary to determine the.equality of the offered materials, articles, or equipment. Samples shall be provided when requested by the County. 2. The Contractor shall note that the burden of proof as to the comparative quality or suitability-of the offered materials, articles, or equipment shall be upon the Contractor. The County shall be the sole judge as to such matters. In the event that the County rejects the use of such substitute materials, articles, or equipment, then one of the particular products designated by brand name shall be furnished. C. Material shall be new and of quality specified. When not particularly specified, material shall be the best of its class or kind. The Contractor shall, if required, submit satisfactory evidence as to the kind and quality of material. Price, fitness and quality being equal, preference shall be given to products made in California, in accordance with Section 4380 et. seq., of the government Code, State of California. \\Cssd_fsI\votapp\TEMPLATE\ARCH\Boiter PlatesUvision F.doc (2/14/02) DIVISION F-11 DIVISION F.- GENERAL CONDITIONS (Continued) D. Mechanical equipment, fixtures and materials shall be delivered in original shipping crates to the job site:and the County shall be notified of the receipt of such equipment, fixtures and material before uncrating. The County will, when desired, inspect such equipment, fixtures or material to determine any damage or deviation from that specified. Items damaged during delivery shall be rejected. E. All materials shall be delivered so as to insure a speedy and uninterrupted progress of the work. Same shall be stored so as to cause no obstruction, and so as to prevent overloading of any portion of the structure, and the Contractor shall be entirely responsible for damage or loss by weather or other cause. F. Installation. Unless otherwise noted, all manufactured materials, products, processes, equipment or the like shall be installed in accordance with manufacturer's printed instructions or specifications. SECTION 19. Shop Drawings, Descriptive Data, Samples: A. The Contractor.shall submit promptly to the County, so as to cause no delay in the work, all shop drawings, descriptive data and samples for the various trades as required by the specifications, and offers of alternatives, if any. Such submittals shall 'be 'checked and coordinated by the* Contractor with the work of other trades involved before they are - submitted to the County for examination. B. The Contractor shall submit to the County shop or diagram drawings in the number of copies as required in submittal schedule, or nine (9) copies if no schedule- is included in these documents. The drawings shall show completely the work to be done; any error or.omission shall be made good by the Contractor at his own expense, even though the work be installed before same becomes apparent, as approval by the County covers general layout.only.' Fabrication, details and inspection shall conform to approved Contract Drawings. C. Descriptive Data: Submit.sets of manufacturer's brochures or other data required.by the specifications in the number of copies as required in submittal schedule,or nine (9) copies if no schedule is included in these documents. The County will examine such submittals, noting thereon corrections, and return three copies with a letter of transmittal indicating actions taken by the County or required of the Contractor. . D. Samples: Submit samples of- articles, materials or' equipment as- required by the specifications. The work shall be in accordance with the approval of the samples. Samples shall be removed from County property when directed. Samples not removed by the Contractor, at the County's option; will become the property of the County, or will be removed or disposed of by the County at Contractor's expense. E. The County will examine submittals, with reasonable promptness. Return of submittals to the Contractor-shall not relieve the Contractor from responsibility for deviations and substitutions from the contract plans 'and specifications, not shall it relieve him from responsibility for'errors in the submittals. A failure by the Contractor to identify, in his letter of transmittal, material deviations from the plans and specifications shall void the submittal - and any action taken thereon by the County. When specifically requested by the County, the Contractor shall resubmit such shop drawings, descriptive data, and' samples as 'may be required. \\Gsd fsl\volapp\TEMPLATE\ARCH\BoilerPlates\DivisionF.doc (2/14/02) DIVISION F-12 DIVISION F. GENERAL CONDITIONS (Continued) F. If any mechanical, electrical, structural, or. other changes are required for the proper installation, support or fit of substitute materials, articles, or equipment, or because of deviations from the contract plans and specifications, such changes shall not be made without the consent of the County and shall be made without additional cost to the County. SECTION 20. Samples and Tests: The County reserves the right, at its own expense, to order tests of any part of the work. If, as a result of any such test, the work is found unacceptable, it will be rejected and any additional test required by the County shall be at Contractor's expense. Unless otherwise directed, all samples for testing will be taken by the County from the materials, articles or equipment delivered, or from work performed, and tests will be under the supervision of, or directed by, and at such places as may be convenient to the County. Materials, articles, and equipment requiring tests shall be delivered in ample time before intended use to allow for testing, and none may be used before receipt of written approval by the County. Any sample delivered to the County or to the premises for examination, including testing, shall be disposed of by the Contractor at his own expense within not more than ten (10) days after the Contractor acquires knowledge that such examination is concluded,unless otherwise directed by the County. SECTION 21. Change Orders: The County reserves the right to order in writing changes in the plans and specifications, without voiding the contract, and the Contractor shall comply with such order. No change or deviation from the plans and specifications will be made without authority in writing from the County. Changed work shall be performed in accordance with the original requirements of the Contract Documents and previous fully executed Change Orders. A Change Order may adjust the contract price either upward or downward in accordance with one, or a combination, of the following bases, as the County may elect: A. On a lump sum basis as supported by breakdown of estimated costs. B. On a unit price basis. C. On a cost-plus basis in accordance with the following conditions: 1. Mark-ups: a) For work performed by the General Contractor an amount equal to the direct cost (as defined herein) of the work plus 15% of the direct costs'for overhead and profit. b) For work performed by a sub-contractor an amount equal to the direct costs (as defined herein) of the work plus 20% of the direct costs for overhead and profit. (Suggested breakdown: 15%to the sub-contractor, 5%to General Contractor.) c) For work performed by a sub-sub-contractor an amount equal to the direct costs (as defined herein) of the work plus 25% of the direct costs for overhead and profit. (Suggested breakdown: 15% to sub-sub-contractor, 5% to sub-contractor, 5% to .General Contractor.) d) In no case will the total mark-up be greater than 25% of the direct costs notwithstanding the number of contract tiers actually existing. \\Gsd_fsl\vo{app\TEMPLATE\ARCH\BoilerPlates\DivisionF.doc (M4/02) DIVISION F-13 f -DIVISION F. GENERAL CONDITIONS(Continued) e). For deleted work the mark-up shall be 10% of the direct.costs of the agreed upon estimate thereof. 2. Direct Costs': a) Labor: The costs for labor shall include any employer payments to or on behalf of the workers for health and welfare, pension, vacation and similar purposes. Labor rates will not be recognized when in excess of those prevailing in the locality and time the work is being performed. b)',Materials: The actual cost to the Contractor for the materials directly required for the performance of the changed work. Such cost of materials may include the cost of procurement, transportation and delivery.if necessarily,incurred. If a trade discount by the actual supplier is available to the Contractor, it shall be credited to the County. If the materials are obtained from a supply orsource owned wholly or in part by the Contractor, payment therefore will not exceed the.current wholesale price for such materials. The term "trade discount" includes the concept of cash discount. If, in the opinion of the County,the cost of materials is excessive, or if'the Contractor fails-to, furnish satisfactory evidence of the cost�to him from the actual supplier thereof, then in either case the cost of the materials shall be deemed to be the lowest current wholesale price at.which similar materials are available in the quantities required. The County reserves the right to furnish such materials .as it deems advisable; and the Contractor shall have no claims for costs.or profits on material furnished by the County. c) Equipment: The actual cost to the Contractor for the use of.equipment,directly required in the performance of the changed work. In computing the hourly rental of equipment; any time less than 30 minutes shall be considered one half hour. No payment will be made for time while equipment is inoperative due to breakdowns or for non-working days. In addition, the rental time shall include the time required to move the 'equipment to the work from the nearest available source for rental of such equipment, and to return it to the source. If such equipment is not moved by its own power, then loading and transportation costs will be paid in lieu of rental time therefor.. However, neither moving time nor loading and transportation costs will be paid if the equipment is used on the project in any other way than upon the changed work. Indiv>dual pieces of equipment having a replacement value of$1,000 or less shall be considered to be tools or small equipment, and no payment will be made therefor. for,equipment owned,furnished,or rented by the Contractor,no cost therefor shall be recognized in excess of the rental rates established by distributors or equipment rental agencies in the locality where the work is performed. The amount to be paid to the Contractor for the use of equipment as set forth above shall constitute full compensation to the Contractor for the,cost of fuel, power, oil, lubrication, supplies, small tools, small equipment, necessary attachments, repairs and maintenance of any kind, depreciation, storage, insurance, labor (except for equipment operators), and any and all costs to the Contractor incidental to the use of such equipment. \\Gsd_fsl\volapp\TEMPLATE\ARCH\BoilerPfates\DivisionF.doe (2114/02) DIVISION F-14 DIVISION F. GENERAL CONDITIONS,(Continued) 3. Allowable Time Extensions: For any change in the work, the Contractor shall be entitled only to such adjustments in time by which.completion of the entire work is delayed due to performance of. the changed work. Each estimate fora change in the work submitted by the Contractor shall state the amount of extra time that he considers should be allowed for making the requested change. 4. Records and Supportive Information: a) The Contractor shall maintain his records in such a manner as to provide a clear distinction between the direct costs of extra work paid for on a cost-plus basis and the costs of other operations. b) Contractor shall maintain daily records showing man hours and material quantities required for cost plus work. The Contractor shall use a form approved or provided by the County. The forms will be filled out in duplicate and the County's Inspector will review and attach his approving_signature to the form on the day the work is performed. c) Rental and material charges shall be substantiated by valid copies of vendor's invoices. d) The Contractor's cost records pertaining to cost-plus work shall be open to inspection or audit by the County. 5. Failure to Agree as to Cost: Notwithstanding the failure of the County and the Contractor to agree as to cost of the proposed change order,the Contractor,upon written order from the County, shall proceed immediately with the changed work. Daily job records shall be kept as indicated in Paragraph 4 above and, when agreed to by the Contractor and the construction inspector, it shall become the basis for payment of the changed work. Agreement and execution of the daily job record by the construction inspector shall not preclude subsequent adjustment based upon a later audit by the County. SECTION 22. Labor Every part of the work shall be accomplished by workers, laborers, or mechanics especially skilled in the class of work required and workmanship shall be the best. SECTION 23. Occupancy by the County Prior to Acceptance: The County reserves the right to occupy all or-any part of the project prior,to completion of the work, upon written order therefor. In such event, the Contractor will be relieved of responsibility for any injury or damage to such part as results from such occupancy and use by the County. Such occupancy does not constitute acceptance by the County of the work or any portion thereof, nor will it relieve the Contractor of responsibility for correcting defective work or materials found at any time before the acceptance of the work as set forth in Section 26 or during the guaranty period after such acceptance, as set forth in Section 2$. , \\Gsd_fsllvolapp\TEMPLATE\ARCH\Soiler Plates\Division F.doc (2/14102) DIVISION F-15 DIVISION F. GENERAL,CONDITIONS (Continued) SECTION 24. Preservation and Cleaning: A. The Contractor shall protect and preserve the work from all damage or accident,,providing any temporary,roofs, window and door coverings, boxings or other construction as required by.the County. This shall include any adjoining property of the County'arid others. B: The Contractor shall properly clean the work as it progresses.' As directed during construction, rubbish shall be removed, and at completion the whole work shall be cleaned and all temporary construction, equipment and rubbish shall be removed from the site, all being left in a clean and proper condition satisfactory to the County. C. Contractor shall; clean, repair, replace and restore County property`marred, damaged or defaced by.the contractor or his Subcontractors. SECTION 25...Payment of Federal or State Taxes: Any Federal, State or local tax payable on articles furnished by the Contractor, under the Contract, shall be included in the Contract price and paid by the Contractor. The County will furnish Excise Tax Exemption Certificates to the Contractor for any articles_which are required to be furnished under the Contract and which are exempt from Federal Excise Tax. SECTION 26. Acceptance: A. The work shall be accepted in writing only.when it shall have been completed satisfactorily to the County. Partial payments shall not be construed as acceptance of any.part of the work. B. In judging the work.no allowance for deviations from the drawings and Specifications will be made, unless already approved in writing at the time and in the manner as called for heretofore. C: County shall be given adequate opportunity.to make any necessary arrangements for fire insurance and extended coverage. D. Final acceptance of the Contract will not be given until all requirements of the contract documents are complete and approved by the County. This shall include, but is not.limited to, all construction, guarantee forms, parts list, schedules, tests, operating instructions, and as-built drawings - all as required by the contract documents. SECTION 27. Final Payment and Waiver to,Claims: After the official acceptance of the work by the County, the Contractor shall submit to the County, on a form acceptable to the County, a request for payment in full (i.e. release of retention), in- accordance with the contract. The form, "Statement to Accompany Final Payment,' shall be completed, signed by the Contractor, and submitted to the County with the invoice for release of retention: SECTION 28. Guarantee Period: A. The Contractor hereby unconditionally guarantees that the work will be done in accordance with requirements of all contract documents, and further guarantees the work of the contract to be and remain free of defects in workmanship and materials for a period of one.year from the date of acceptance of the contract, unless a longer guarantee period is specifically called • for. The Contractor hereby agrees to repair or replace any and all work, together with any other adjacent work which may be displaced in so doing,that may prove to be not acceptable \\Gsd_fsl\volapp\TEMPLATE\ARCH\BoilerPlates\Division F.doc (2/14/02) DIVISION F-16 DIVISION F. GENERAL CONDITIONS (Continued) in its workmanship or material within the guarantee period specified, without any expense whatsoever to the County, ordinary wear and tear and unusual abuse or neglect excepted. B. The Contractor further agrees that within ten (10) calendar. days after being notified in writing by the County of any work not in accordance with the requirements of the contract or any defects in the work, he will commence and prosecute with due diligence all work necessary to fulfill the terms of this guarantee, and to complete the work within a reasonable period of time, and in the event he fails to so comply, he does hereby authorize the County to proceed to have such work done at the Contractor's expense and he will pay the cost thereof upon demand. The County shall be entitled to all costs, including reasonable attorney's fees, necessarily incurred upon the Contractor's refusal to pay the above costs. Notwithstanding the foregoing paragraph, in the event of an emergency constituting an immediate hazard to the health or safety of the County's employees, property, or licensees, the County may undertake, at the Contractor's expense without prior notice, all work necessary to correct such hazardous conditions when it was caused by work of the Contractor not being in accordance with the requirements of this contract. C. The General Contractor and each of the listed sub-contractors shall execute and furnish the County with the standard guarantee form. D. Contractor's obligations under this Section 28 are in addition to and not in limitation of any other obligation of Contractor under the Contract Documents. Enforcement of Contractor's express warranties.and guarantees to repair contained in the Contract Documents shall be in addition to and not in limitation of any other rights or remedies the Public Agency may have under the Contract Documents or at law or in equity for defective work. Nothing contained in this Section 28 shall be construed to establish a period of limitation with respect to other obligations of Contractor under the Contract Documents. Establishment of the Guarantee Period relates only to specific obligations of Contractor to correct the Work and in no way limits either Contractor's liability for defective work or the time within which proceedings may be commenced to enforce Contractor's obligations under.the Contract Documents. SECTION 29. Wage Rates: Pursuant to Labor Code Section 1773.2 the governing body of the Public. Agency has ascertained the general prevailing rates of wages per diem for each craft, classification, or type of worker and said rates are specified in the Notice.to Contractors for this work. Said rates are on file with the Public Agency and copies of said rates are available to any interested party on request. Pursuant to Labor Code Section 1773.2, said rates shall be posted at the job site. SECTION 30: Underground Service Alert: The Contractor shall notify Underground Service Alert (800) 642-2444, 48 hours prior to any excavation. SECTION 31. Archaeological Materials: If archaeological materials are uncovered during grading, trenching, or other onsite excavation, earthwork within 100 feet of these materials shall be stopped until a professional archaeologist who is certified by the Society of California Archaeology (SCA) and/or the Society of Professional Archaeology (SOPA) has had an opportunity to evaluate the significance of the "find" and suggest appropriate mitigation measures, if they are deemed necessary. \\Gsd_fsl\volapp\TEMPLATE\ARCH\BoilerPlates\DivisionF.doc (2114102) DIVISION F-17 DIVISION F. GENERAL CONDITIONS (Continued) SECTION 32. Payment of Withheld Funds: Upon the Contractor's request, the County will make payment of funds withheld to ensure performance under this Contract if the Contractor-complies with the requirements of Public Contract Code Section 22300. Contractor shall deposit in escrow with the Treasurer-Tax Collector or with a bank acceptable to the .County, securities eligible for the investment of;funds under. Government Code Section 16430 or bank or savings and loan.certificates of deposit, upon the following conditions: A. The Contractor shall bear the expense of the County and the escrow agent, either the County Treasurer-Tax Collector or the bank, in connection with the escrow deposit made. B. Securities or certificates of deposit to be placed in escrow shall be of a value at least equivalent to the'amounts withheld from the Contractor pursuant to this section. Securities shall be valued by the County.Treasurer-Tax Collector,whose decision shall'be final. C. The Contractor shall enter into an escrow agreement substantially similar to the form' set forth in Section 22300 of the Public Contract Code,except the form will include provisions governing inter alia any decrease in the value of securities on deposit. The form will be furnished by the County,on written request by the Contractor. D. The Contractor shall obtain the written consent of the surety to such agreement. E. If the securities are not listed as eligible under Government Code Section-1.6430, Contractor shall have obtained approval of the securities by the County Treasurer-Ta �Collector before bid opening." SECTION 33. Disputes: Disagreements between the County and Contractor concerning the meaning, requirements, or performance of this contract shall be subject to final determination in writing by the Capital Projects Division Manager, County General Services Department, or in accordance with the - applicable procedures (if any)required by the State or Federal Government. SECTION 34. Claims by Contractor: 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. \\Gsd_fsl\volapp\Template\Arch\Boiler Plates\Division F.doc (2714/02) DIVISION F-18 DIVISION F. GENERAL CONDITIONS (Continued) (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B)payment of money or damages arising from work done by, or on behalf of, the contractor pursuant to the. contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or(C)an amount the payment of which is disputed by the local agency. (c) The. provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. §20104.2. For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice. requirements otherwise provided by contract for the filing of claims. (b)(1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses to the claim the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision,upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c)(1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing,to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt, of the claim, any additional documentation supporting the claim or relating to defenses to the claim 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. \\Gsd_fsl\volapp\TEMPLATE\ARCH\BoilerPlates\DivisionF.doc (2/14/02) DIVISION F-19 DIVISION F. GENERAL CONDITIONS (Continued) (e)Following the meet and confer conference, if the claim or any portion remains'in dispute, the claimant may file a claim as provided in Chapter 1 (commencing with Section 900) and Chapter.2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the'Government.Code. For purposes of those provisions, the running of the period of time within which'a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to.subdivision (a) until the time that claim is denied as a result of the meet and confer process, including any Period of time utilized by the meet and confer process. (f) This article does not apply to tort claims and nothing in this article is.intended nor shall. be construed to change the time periods for filing tort claims or actions specified by Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 9.10) of Part. 3 of Division 3.6 of Title 1 of the Government Code. §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 nonbinding 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 or by stipulation of both parties. If the parties fail to select a-mediator within the 15-day.period, any.party may petition the court to appoint the mediator. (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) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes;of this article shall be experienced in construction law, and, upon stipulation of the parties,'mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator,for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (3) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests a trial de novo but does not obtain amore favorable judgment shall, in addition to payment of costs and fees under that chapter;pay the attorney's fees of the other party arising out of the trial de novo. (c) The court may, upon request by any party, order any witnesses to participate in the mediation or arbitration process. §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. \\Gsd_MWolapp\TEMPLATE\ARCH\Boiler PlatesUvision F.doc. (2/14/02) DIVISION F-20 DIVISION F. GENERAL CONDITIONS (Continued) SECTION 35. Toxic and Hazardous Materials and Waste A. Asbestos: Operations which may cause release of asbestos fibers into the atmosphere.shall meet the requirements of CAC Title 8, General Industrial Safety Orders, Section 5208. Some operations which may cause such concentrations include sanding, grinding, abrasive blasting, sawing, drilling, shoveling, or otherwise handling materials containing asbestos so that dust will be raised. Such materials can include resilient flooring, existing gypsum wallboard, asbestos-cement board, spray-on fiber-proofing for steel, cement plaster, asbestos pipe insulation and acoustical sprays,tiles and boards. B. Toxic Materials: Operations which release toxic materials into the atmosphere shall meet the requirements of CAC Title 8, General Industrial Safety Orders. Some operations which may release such materials include use of adhesives, sealants,paint and other coatings. C. Lead based paint: Do not use lead based paint. Lead based paint is defined as: 1. Any paint containing more than five-tenths of one per centum lead by weight (calculated as lead metal in the total non-volatile content of the paint) or the equivalent measure of lead in the dried film of paint applied or both; or 2. For paint.manufactured after June 22, 1977, any paint containing more than six one- hundredths of one per centum lead by weight (calculated as lead metal) in the total content of the paint or the equivalent measure of lead in the dried film or paint already applied. D. Hauling P and disposal: Meet requirements of CAC Title 22 Division 4 Chapter 30 q P , "Minimum Standards for Management of Hazardous and Extremely Hazardous Wastes." E. Asbestos Prohibited: No products or materials containing asbestos shall be incorporated into the work without the prior written approval of the County. SECTION 36. Equal Employment Opportunity: To the extent prohibited by law, the contractor agrees-not to discriminate against any .employee, subcontractor or applicant for employment on the basis of race, color, religion, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition, or marital status, and agrees to comply with all laws, rules and regulations relating to equal employment opportunity. The Contractor further agrees to include language in all subcontracts requiring the subcontractors to the extent prohibited by law, not to discriminate against any employee, subcontractor or applicant for employment on the basis of race, color, religion, religious creed, national origin, ancestry, sex, age, physical handicap, medical condition, or marital status, and to comply with all laws, rules and regulations relating to equal employment opportunity. \\Gsd_fsI\volapp\TEMPLATE\ARCH\BoilerPlates\Division F.doc (2/14/02) DIVISION F-21 GUARANTEE We hereby guarantee to the County of Contra Costa the (Type of Work) which we have installed at (Address) California, foryear(s)use from date of acceptance of contract by the Board of Supervisors. We agree to repair or replace to the satisfaction of the Public Agency any or all such work that may prove defective in workmanship or materials within that period; ordinary wear and tear and unusual abuse or.neglect excepted, together with any other work which may be, damaged or displaced in so doing. If we fail to comply with the above mentioned conditions after being notified in writing, pursuant to Section 28 in the General Conditions of the Contract, we, collectively and separately, do hereby authorize the owner to proceed to have the defects repaired and made"good at our expense and we will pay the costs and charges therefore immediately upon demand. This guarantee covers and includes any special terms, including time periods, specified for this work or materials in the plans and-specifications for this project. Section 28 in the General Conditions of the Contract fully applies to this Guarantee. SUBCONTRACTOR Date: Affix Corporate Seal) GENERAL CONTRACTOR Date: Affix Corporate Seal) NOTE: If the firm is not a corporation,add a paragraph stating the type of business organization and the capacity and authority of the person signing the guarantee. \\Gsd_fslWolapp\TEMPLATE\ARCH\Boiler Plates\Division F.doc (2/14/02) DIVISION F-22 STATEMENT TO ACCOMPANY FINAL PAYMENT To: Contra Costa County County Administration Building Martinez, CA 94553 Re: Final Payment Project Dear Sir: The undersigned Contractor represents and agrees that the final payment includes all claims and demands, of whatever nature, which he/she has or may have against the County of Contra Costa in connection with the contract to construct the project designated above, and that final payment by Contra Costa County shall discharge and release it from any and all claims. The undersigned hereby certifies that all work, labor, and materials on this project have been furnished and purchased in full compliance with the contract and with all applicable laws and regulations. The undersigned hereby agrees that the final contract sum shown below is true and correct: Original Contract Price...................................... $ Net Change by Change Orders .......................... $ Less Forfeited Withheld Amounts..................... $ Less Liquidated Damages..................................($ ) FINAL CONTRACT PRICE............................. $ The undersigned states that his claim for final payment is true and correct, that no part has been theretofore paid, and that the amount therein is justly due. I declare under penalty of perjury that the foregoing is true and correct. Dated , at (City) California. \\gsd-app\Template\ARCH\Boiler PlatesUvision F.doc (2/14/02) DIVISION F-23 DIVISION G SUPPLEMENTARY GENERAL CONDITIONS 1. The following supplements shall modify, delete, and/or: add to Division F, General Conditions. Where any section, article, paragraph, or subparagraph in the General Conditions is supplemented by one of the following paragraphs, the provisions of such section, article, paragraph, or subparagraph shall remain in effect and the supplemental provisions shall be considered as added thereto. Where any section, article, paragraph, or subparagraph in the General.Conditions is amended, voided, or superseded by and of the following paragraphs, the provisions of such section, article, paragraph, or subparagraph not so amended,voided, or superseded shall remain in effect. 2. Section 2. Governing Laws and Regulations—Add to Paragraph B the following: "The work shall be in accordance with the latest revision of the State of California, Department Transportation Standard Specifications and the `Contra Costa County Public Works Department Standard Plans(latest edition).' Contractor shall have a copy at job site." 3. Section 9. TemporM Utilities and Facilities - Delete Paragraphs A through F. Replace with the following: "A.Electric power and water will be available at the site for use by the Contractor for work on this project at no cost to the Contractor. Installation of approved temporary connections to said utilities shall be provided by the Contractor, and same shall be removed at completion of work." 4. Section 10. Permits -Add the following: "A.Building permits will be required on this project and shall be obtained from the City of Concord Building Inspection Department. B. Building inspection agencies, whether state, county or city,are separate entities from the public agency referred to in the Contract and elsewhere in the bid documents. The Contractor shall assume no special consideration will be given by the building inspection agency having jurisdiction simply because the Contract is with a public agency. C. Contractor shall_ be responsible for determining all inspection requirements of any building inspection, utility, fire district or other permitting agency having jurisdiction over the work and shall include in the progress schedule required by Division F General Conditions, Section 8 "Progress Schedule", time periods for activities including, but not limited to: inspections by building inspection departments and fire districts, elevator inspections,,boiler inspections, balancing of mechanical systems, and any inspections required to obtain permanent utilities including but not limited to water, gas, and electricity." 5. Section 11. Conduct of Work—Add the following: "M. The buildings will remain occupied and in operation throughout the construction period. Contractor shall assume that the fire station will be occupied twenty-four hours a day. . The existing parking lots and fire truck exits will be in service twenty-four hours a day. Schedule work daily with the Contra Costa County Fire Station personnel or their representative. H:\2006\2250601\06G001014x.doc (2/22/02) DIVISION G— 1 N. Water,electrical, telephone, and other utility service to occupied portions of the building shall not be interrupted during regular business hours. All work under this contract shall be scheduled+.and executed so as not to interrupt the building operation during regular business hours. All work shall be'conducted to cause the least nuisance possible. Contain dust within the work area. Ensure proper flags, warning signs are used to maintain safe pedestrian and vehicular traffic passage to and from building. O. Contractor shall have the responsibility of all signs, portable delineators, flashing lights and other safety devices. Failure to frequently inspect and maintain the safety devices will be cause for suspending the work until such defects are corrected. P. Overtime, multiple shift, weekend and Holiday work may be required .to complete the work within the allotted time on this calendar day contract. If it becomes necessary to perform anywork after regular working hours, on Saturdays, Sundays,.or legal holidays in order.to bring the Contractor's work into conformance with the Contractor's Work Plan or Progress Schedule due to delays for which the Contractor`is responsible, the overtime,. weekend, or holiday work shall be performed by the Contractor at no additional cost to the Owner. Q. There is a staging area for this project. Staging area is to be; determined by the,fire department and the project manager. Keep the work area and adjacent,public ways free `of hazardous and unsanitary conditions and public.nuisances. Keep public streets and rights of way free of debris due to this work. R. Washing left over cement, plaster, paint, oil grease solvents, etc. into-any drains and the washing down of cement trucks or other delivery,vehicles is strictly prohibited.. S. Security Requirements: Due to the restrictive nature of the existing facilities and program, the execution of all work shall conform to the requirements of the facility staff policies, and the following requirements. Work in occupied areas including interior and exterior areas of existing facilities, buildings and other areas shall be performed in .conformance with the' following requirements and procedures. (1) Work which must interrupt the daily routine of the fire department shall be scheduled to be completed in as short a time as possible, and in a manner to allow the daily routine to be resumed without any decrease in security and daily operation of the fire department. (2) Maintain.all areas clean of construction items, including tools, equipment, materials, and scraps:" 6. Section 27. Final,.PMMent and Waiver to Claims—Add the following: In addition, the Contractor shall submit on a form acceptable to the County the total dollar amount paid to each subcontractor who performs a portion of the work in excess of one-half of one percent of the total contract amount. The form shall indicate the actual total dollar amount paid to each subcontractor plus any balance yet to be paid such as retention. County shall not release retention until this information is received. H:\2006\2250601\06G001014x doc (2i22i02) DIVISION G—2 7. Section 16. Clarifications and Additional Instruction - Add the following after the first subparagraph in paragraph A: "Written notification and request for interpretation shall take the form of a Request for Information (RFI), using an approved RFI form. The Contractor shall allow ten calendar days from date of receipt by Engineer, not including legal holidays, as a minimum for response time to an RFI. County shall backcharge the Contractor for all time and expenses associated with reviewing and responding to unnecessary RFI's. Unnecessary RFI's are defined as those not relating to actual conflicts, omissions, or errors in the Contract Documents." 8. Section 19, "Shop Drawings, Descriptive Data, Samples,Alternatives" -Add the following paragraphs: "G. The Contractor shall allow 21 calendar days from date of receipt by Engineer, not including legal holidays, as a minimum for response time to a submittal. H. Public Agency shall backcharge the Contractor for all time and expenses associated with reviewing and responding to incomplete or inaccurate submittals. Incomplete or inaccurate submittals are defined as those requiring more than a single resubmittal." 9. Section 21, "Change Orders" - Add the following paragraphs after the second paragraph: "The Contractor shall identify on his request for change order any adjustment in contract cost or time which is directly attributable to the changed work. The Contractor's request for a change in time shall be supported by a detailed schedule analysis indicating the project activities which have been affected and the additional time being requested. For a change in the work, the Contractor shall be entitled only to such adjustments in time by which the contract completion date is delayed due to the performance of the changed work. Each request for change order submitted by the Contractor shall state amount of the extra time the Contractor considers should be allowed for making the requested change. Failure to request extra time when submitting such request for change order shall constitute waiver of the right to subsequently claim adjustment in time for final completion based upon such changed work. When submitting requests for change order, the Contractor shall execute and attach the following approved form: being the (must be an officer) of (General Contractor), declare under penalty of perjury under the laws of the state of California, and do personally certify and attest that: I have thoroughly reviewed the attached request for additional compensation and/or extension of time, and know its contents, and said request is made in good faith; the supporting data is truthful and accurate; the amount requested H:\2006\2250601106G001014x.doc (2/22/02) DIVISION G—3 accurately.reflects the contract adjustment for which the general contractor believes the Public Agency is liable; and, further, that I am familiar with California Penal Code Section 72 and California Government Code Section 12650; et seq., pertaining to false claims, and further know and understand that submission or certification of a false claim may lead to fines,imprisonment, and/or other severe legal consequences. By (signature): Date: 10. Section 33, "Disputes" -Add the following paragraphs: "Contractor and Public Agency shall make good faith attempts to resolve any and all disputes that may from time to time arise during the performance of the work covered by this contract. If the Contractor considers any work demanded of him to be outside the requirements of the contract, or if he considers any instruction, meaning, requirement, ruling, or decision of the Public Agency or Architect to be unauthorized,he shall within seven calendar days after such demand is made, or instruction is given, file a written protest with the Public Agency stating clearly and in detail his objections, and reasons therefore. The Contractor, shall promptly comply with .the work demanded of him even though a written protest has been filed. If a written protest is not issued within seven days, the Contractor shall waive his right of further claims .on the specific issue., The County Capital Projects Division Manager will review the Contractor's written protest and provide a decision. If after receiving the decision the Contractor still considers the work demanded of him to be outside the requirements of the contract, he 'shall, within seven days after receiving the.County Capital Projects Division.Manager's decision, notify the Public Agency in writing that a claim will be filed. Within 30 days of receiving the County Capital Projects Division.Manager's decision, the Contractor shall submit his claim and all arguments, justification, cost or estimates, schedule analysis, and detaileddocumentation supporting his position. If notice is not given within the seven days referenced above, the Contractor shall be deemed to have concurred with the County Capital Projects Division Manager's decision and no further protest or claim will be considered with respect to that issue. No claim, arguments, justification, cost estimates, schedule analysis or documentation in. support of the Contractor's position will be accepted after the 30 days referenced above." HA2006\2250601\06G001014x.doc (2/22/02) DIVISION G—4 11. Add the following new Sections: "Section 37. Provision of Contract Documents: The County shall furnish the Contractor up to fifteen full-size copies of the construction documents after award of the contract, for the contractor's use during construction. Contractor shall use one of the copies for final submittal of record drawings. Contractor shall pay for additional copies. No half-size copies will be issued." "Section 38. Modifications to Forms, Schedules, and Documentation: The County may require the Contractor, at no additional cost to the County, to modify and resubmit the forms, schedules, or documentation required of the Contractor by the Contract Documents, if in the County's sole opinion such modifications are necessary for the County to better comprehend the forms, schedules, or documentation submitted by the Contractor." END OF SUPPLEMENTARY CONDITIONS SJ:amc H:\2006\2250601\06G001014x.doc (2/22/02) DIVISION G—5 SECTION 02065 REMOVAL WORK PART 1 GENERAL 1.01 GENERAL CONDITIONS A. The requirements of the "General Conditions of the Contract",. "Supplementary General Conditions", and of Division 1, "General Requirements", shall apply to all work of this Section with the same force and effect as though repeated in full herein. -1.02 SCOPE OF WORK A. Provide removal work complete including the following principal items. 1. Remove debris which is not indicated to remain in the areas of new construction and which is obviously not part of new construction.. B. Related requirements specified elsewhere include: 1. Clearing and excavating- Section 02200, EARTHWORK. 1.03 JOB CONDITIONS A. Work to be demolished may contain hazardous materials. If hazardous materials are encountered, the Owner will provide for subsequent testing and abatement under separate contract. B. The work shall be conducted in an orderly manner m create nuisances.and not so as to c . Removed material shall not be permitted to accumulate. on streets or sidewalks nor to be washed into sewers. C. Asphalt concrete to be removed shall be disposed of in a manner acceptable to the City Engineer. Asphalt concrete shall be disposed of in a manner approved by authority having jurisdiction. PART 2 -PRODUCTS 2.01 MATERIALS A. Materials which are to be salvaged for reuse.in the work shall become the property of the Contractor until reinstalled and accepted. B. Materials which are to be removed and not reused shall become the property of the Contractor. FIRE STATION# 10 2955 TREAT BLVD CONCORD,CA JOB#20016-18B 02065/1 REMOVAL WORK SECTION 02065 PART 3 -EXECUTION 3.01 PREPARATION A. Inspect .existing conditions of work, including elements subject to damaging movement during removal operations. B. Protect the,safety of persons; protect.improvements to remain, materials to be salvaged, adjacent properties, existing utilities, streets, and the like from damage,. C. Perform installation of proposed utilities essential for continuous normal operation of existing facilities as determined by the owner. 3.02 REMOVAL OPERATIONS A. Remove all portions of improvements not to remain. B. Removed materials,which are not to be reused, shall be disposed of outside the site as they accumulate. Do not store, or otherwise dispose of such materials on the site. END OF SECTION FIRE STATION# 10 2955 TREAT BLVD CONCORD,CA JOB#20016-18B 02065/2 SECTION 02200 EARTHWORK PART 1 - GENERAL 1.01 GENERAL CONDITIONS A. The requirements of the "General Conditions of the Contract", "Supplementary General Conditions", and of Division 1, "General Requirements", shall apply to all work of this Section with the same force and effect as though repeated in full herein. B. Related requirements specified elsewhere include. . 1. Removal work Section 02065. 1.02 SCOPE OF WORK A. Clearing, grubbing and stripping B. Grading,excavating,filling and backfilling,including trenching and backfilling for utilities as necessary to complete the Project as indicated on the Drawings. C. Driveway,parking area, and utility trenches. D. Dust alleviation and control. E. Erosion Control. F. Cleanup and disposal of excess material. G. The work shall include the provision of all materials, equipment and apparatus not specifically mentioned herein or noted on the plans, but which are obviously necessary to complete the work specified. 1.03 RELATED WORK SPECIFIED IN OTHER SECTIONS A. Civil Engineering Work including site utilities as shown on the Drawings. B. Landscape Work including area drains as shown on the Drawings. 1.04 CODES AND STANDARDS A. Excavating, trenching, filling, backfilling, and grading work shall meet the applicable requirements of the Uniform Building Code and the standards and ordinances of state and local governing authorities. 1.05 SUBSURFACE SOIL CONDITIONS A. The Owner's Geotechnical Exploration report is available for inspection by bidder or Contractor for reference only. The Contractor shall refer to the findings and recommendations of the Geotechnical Exploration report in planning and executing his work. FIRE STATION# 10 2955 TREAT BLVD CONCORD,CA JOB#20016-18B 02200/1 EARTHWORK SECTION 02200 1.06 QUALITY ASSURANCE A. All work shall be done to the satisfaction of the designated representative,of the Geotechnical Engineer. The contractor shall notify the Geotechnical Engineer at least 48 hours prior to performance of any site earthwork. - B. ' Finish surface of the site shall not vary more than 0.10 feet from that called for on the plans or detail drawings. C.• Percentage of compaction specified shall be the minimum acceptable. The percentage represents the ratio of the dry density of the compacted material to the maximum dry density of the material as determined by the procedure set forth in ASTM Designation D1557. D. Perform the work of this Section in compliance with applicable requirements of all governmental agencies having jurisdiction,and the requirements and recommendations of the Soils Report. E. Use adequate numbers of skilled workmen who are thoroughly trained and experienced in the necessary crafts and completely familiar with the specified requirementsand the methods needed for proper performance of the specified work. - F. Use equipment in adequate size,capacity and numbers'to accomplish the specified work in a timely manner. G. Except as modified by the requirements herein or indicated on the Drawings,earthwork shall conform to the applicable requirements of the following codes and standards. Nothing contained herein shall be construed as permitting work that is contrary to code requirements. 1.07 PROJECT CONDITIONS A. General 1. The Contractor shall familiarize himself with the soil conditions at the site,.whether covered'in the soils report or not,and shall thoroughly understand all recommendations associated with the site soils, excavation, and grading-covered in the report, 2. Subsurface information was obtained primarily for use in preparing the paving design, but the Contractor may draw his own conclusion therefrom or conduct his own investigation. No responsibility is assumed by the Owner; Civil-Engineer or Soils Engineer for subsoil quality or conditions other than the locations, and at the time the exploration was made.No claim for extra compensation,or for extension of time,will. be allowed on account of subsurface conditions inconsistent with the data shown, except as provided elsewhere herein. 3. Existing grade conditions as shown on the plans by contours and spot elevations are accurate as could be obtained. The Contractor shall accept the site as it exists and complete the site work. FIRE STATION# 10 2955 TREAT BLVD CONCORD, CA JOB#20016-18B 02200/2 EARTHWORK SECTION 02200 B. Utilities: 1. If existing utilities are found to interfere with the permanent facilities being constructed under this Contract, immediately notify the Architect and secure his instructions. C. Contractor shall accurately grade and prepare the site to the lines and grades called for on the plans and detail drawings with due provision for future surface improvements. D. Material for site embankments,where required,shall consist of suitable excavated material if available,or such imported borrow material as may be required for the work conforming to the requirements of the specifications herein and approved by the Geotechnical Engineer. E. Contractor shall provide dust alleviation and control measures satisfactory to the Engineer at all times during the course of the work at no additional expense to the Owner. F. Contractor shall be solely responsible for the maintenance of graded areas until final acceptance thereof, and shall take such actions of whatever nature as may be necessary or required to protect the graded surface from erosion during installation and until final acceptance thereof by the owner. 1.08 DEFINITION OF TERMS A. Fill—All soil,rock;or soil-rock materials placed to raise the grades of the site or to backfill excavations. B. Backfill—All soil,rock or soil-rock material used to fill excavations and trenches. C. On-Site Material—Soil and/or rock material, which is obtained from the site. D. Imported Material — Soil and/or rock material, which is brought to the site from off-site areas. E. Select Material—On-site and/or imported material,which is approved by the Soils Engineer as a specific-purpose fill. F. Engineered Fill—Fill upon which the Soils Engineer has made sufficient observations and tests to confirm that the fill has been placed and compacted in accordance with specifications and requirements. G. Degree of Compaction or Relative Compaction—The ratio,expressed as apercentage,of the in-place dry density of the fill and backfill material as compacted in the field to the maximum dry density of the same material as determined by ASTM D-1557 or California 216 compaction test method. _ H. Optimum Moisture — Water content, percentage by dry weight, corresponding to the maximum dry density as determined by ASTM D-1557. I. Soils Engineer- The project geotechnical engineering consulting firm, its employees or its designated representatives. FIRE STATION# 10 2955 TREAT BLVD CONCORD, CA JOB#20016-18B 02200/3 EARTHWORK- SECTION 02200 J. Drawings—All documents, approved for construction,which describe the Work. 1.09 OBSERVATION AND TESTING A. All site preparation,cutting and shaping,excavating,filling,and backfillingshall be carried out under the observation of the Soils Engineer,employed and paid for by the Owners. The Soils Engineer will perform appropriate field and laboratory tests to evaluate the suitability of fill material, the proper moisture content for compaction, and the degree of compaction achieved. Any fill that does not meet the specification requirements shall be removed and/or reworked until the requirements are satisfied. B. Cutting and shaping, excavating, conditioning, filling, and compacting procedures require approval.of the Soils Engineer as they are performed. Any work found unsatisfactory or any work disturbed by subsequent operations before approval is granted shall be corrected in an approved manner as recommended by the Soils Engineer. C. Tests for compaction will be made in accordance with the test procedures outlined in ASTM D-M7, as applicable. Field testing of soils or compacted fill shall conform with the applicable requirements of ASTM D-2922. D. All authorized observation and passing tests will be paid for by the Owner.Failed tests shall be paid for by the contractor. E. Soils Materials: The for use, all soils 1. T Soils Engineer will observe, test, and approve s , materials., 2. The Contractors shall provide sample of all proposed on-site"and imported fill material for suitability tests by the Soils Engineer prior to acquisition. 3. . The Contractor shall provide sample of all rock under slabs on ground for quality and grading tests by the Soils Engineer. F. Engineered Fill Tests and Inspections: 1. The Soils Engineer will observe the grading operations during both the preparation of the site: and during compaction of any backfill to insure conformance with.the Specifications. 2. The Soils Engineer will make observations and field tests to enable him to approve the site prior to placement of engineered fill. 3. The Soils Engineer will observe,test, and approve the engineered fill material and its field placement; and backfill in trenches will also be observed, tested and approved. G. Excavation Inspection: The Soils Engineer will observe, test as required, and approve all foundation excavations for conformance,with the criteria contained in the Specifications. H. Compaction Control Test: Degree of compaction is the ratio, expressed as a percentage, of FIRE STATION# 10 2955 TREAT BLVD CONCORD,CA JOB#20016-18B 02200/4. EARTHWORK SECTION 02200 the dry density of the fill material as compacted in the field,to the maximum dry density of the same material as determined by ASTM D1557-78 test method. PART 2 -PRODUCTS 2.01 GENERAL A. Contractor shall furnish all materials,tools,equipment,facilities,and services as required for performing the required excavating,filling,backfilling,and grading work,and trenching and backfilling for utilities. 2.02 SOIL MATERIALS A. Fill 1. Material to be used for engineered fill and backfill shall be free from organic matter and other deleterious substances, and of such quality that it will compact thoroughly without excessive voids when watered and rolled. Excavated on-site material will be considered suitable for engineered fill and backfill if it contains no more than 3 percent organic matter, is free of debris and other deleterious substances and conforms to the requirements specified above. Rocks of maximum dimension in excess of two-thirds of the lift thickness shall be removed from any fill material to the satisfaction of the Soils Engineer. 2. Excavated earth material which is suitable for engineered fill or backfill,as determined by the Soils Engineer, shall be conditioned for reuse and properly stockpiled as required for later filling and backfilling operations. Conditioning shall consist of spreading material in layers not to exceed 8 inches and raking free of debris and rubble. Rocks and aggregate exceeding the allowed largest dimension, and deleterious material shall be removed from the site and disposed off site in a legal manner. 3. Soils Engineer shall be notified at least 48 hours prior to the start of filling and backfilling operations so that it may evaluate samples of the material intended for use as fill and backfill. All materials to be used for filling and backfilling require the approval of the Soils.Engineer. B. Import Material—Where conditions require the importation of fill material,the material shall be an inert, nonexpansive soil or soil-rock material free of organic matter and meeting the following requirements unless otherwise approved by the Soils Engineer. Sieve Size Percent Passing Gradation(ASTM D-421) 2-inch 100 #200 15-70 Liquid Limit Plasticity Index Plasticity(ASTM D-4318) <30 <12 Percent Heave Swell Pressure FIRE STATION# 10 2955 TREAT BLVD CONCORD,CA I JOB#20016-18B 02200/5 EARTHWORK SECTION 02200 Swell Potential (ASTM D-454613) <2 percent <300 psf (at'optimum moisture) Resistance Value (ASTM D-2844) Minimum 25 Organic Content(ASTM D-2974) Less than 2 percent A sample,of the proposed import material should be submitted to the Soils Engineer for evaluation prior to delivery at the site. 2.03 SAND A. Sand for sand cushion under slabs and for bedding of pipe in utility trenches shall be a clean and graded,washed sand,all passing a No.4 U.S. Standard Sieve,and generally conforming to ASTM C33 for fine aggregate. 2.04 AGGREGATE DRAINAGE FILL A. Aggregate drainage fill under concrete slabs and paving shall consist of broken stone, crushed or uncrushed gravel, clean quarry waste, or a combination thereof. The aggregate shall .be free`from fines, vegetable matter, loam, volcanic tuff, and other deleterious substances. It shall be of such quality that the absorption of water in a saturated surface dry condition does not exceed 3 percent of the oven dry weight of the samples. B. Aggregate drainage fill shall be of such size that the percentage composition by dry weight as. determined by,laboratory sieves (U.S. Series)will conform to the following grading: C. Sieve Size Percentage Passing Sieve 1 '/2 inches too 1 inch 90=100 #4 0-5 PART 3 EXECUTION 3.01 STAKING AND GRADING A. Contractor shall use a registered civil engineer or a licensed surveyor to lay out all of the work, establish all necessary markers, bench marks, grading stakes, and other.stakes as required to achieve design grades. 3.02 EXISTING UTILITIES A. Contractor shall verify the location and depth(elevation)of all existing utilities and services before performing any excavation work. 3.03 EXCAVATION A. Contractor shall perform excavating as indicated and required for concrete,footings,drilled FIRE STATION# 10 2955 TREAT BLVD CONCORD,CA JOB#20016-1813 02200/6 EARTHWORK SECTION 02200 piers, foundations, floor slabs, concrete walks, and site leveling and grading, and provide shoring,bracing,underpinning,cribbing,pumping,and planking as required. The bottoms of. excavations shall be firm undisturbed earth, clean and free from loose material,debris,and foreign matter. B. Excavations shall be kept free from water at all times. Adequate dewatering equipment-shall be maintained at the site to handle emergency situations until concrete or backfill is placed. C. Unauthorized excavations for footings shall be filled with concrete to required elevations, unless other methods of filling are authorized by the Soils Engineer. D. Excavated earth material which is suitable for engineered fill or backfill, as determined by the Soils Engineer,shall be conditioned for reuse and properly stockpiled for later filling and backfilling operations as specified under Section 2.02, "Soil Materials". E. Abandoned sewers, piping and other utilities encountered during excavating shall be removed and the resulting excavations shall be backfilled with engineered fill as required by the Soils Engineer. F. Any active utility lines encountered shall be reported immediately to the Owner's Representative and authorities involved. The Owner and proper authorities shall be permitted free access to take the measures deemed necessary to repair, relocate,or remove the obstruction as determined by the responsible authority or Owner's Representative. 3.04 SUBGRADE PREPARATION A. All brush and other rubbish,as well as trees and root systems not marked for saving,shall be removed from the site and legally disposed of. B. Any existing structures,foundations,underground storage tanks,or debris must be removed from the site prior to any building, grading, or fill operations. Septic tanks,including all drain fields and other lines, if encountered, must be totally removed. The resulting depressions shall be properly prepared and filled to the satisfaction of the Soils Engineer. C. Vegetation and organic topsoil shall be removed from the surface upon which the fill is to be placed and either removed and legally disposed of or stockpiled for later use in approved landscape areas. The surface shall then be scarified to a depth of at least eight inches until the surface is free from ruts, hummocks, or other uneven features, which would tend to prevent uniform compaction by the equipment to be used. D. After the foundation for the fill has been cleared and scarified, it shall be made uniform and free from large clods. The proper moisture content must be obtained by adding water or aerating..The foundation for the fill shall be compacted at the proper moisture content to a relative compaction as specified herein. 3.05 ENGINEERED FILL A. Select Material — Fill material shall be Select or Imported Material", as previously FIRE STATION# 10 2955 TREAT BLVD CONCORD,CA JOB#20016-1813 02200/7 EARTHWORK SECTION 02200 specified'. B. Placing and Compacting—Engineered fill shall be constructed by approved and accepted methods. Fill material shall be spread in uniform lifts not exceeding'.8 inches in . uncompacted thickness. Each layer shall be spread evenly, and thoroughly blade-mixed'to obtain.uniformity-of material. Fill material.which does not contain sufficient moisture as specified by the Soils Engineer shall be sprinkled with water,if it contains excess moisture it shall be aerated or blended with drier material to achieve the proper water content. Select material and water shall then be thoroughly mixed before being compacted. C. Unless otherwise specified in the Geotechnical.Exploration report,each layer of spread select material shall be compacted to at least 90 percent,relative compaction at a moisture content of at least three percent above the optimum moisture content. Minimum compaction in all keyways shall be a minimum of 95 percent with a minimum moisture content.of at least 1. percent above"optimum. D. Unless otherwise specified in the Geotechnical Exploration report°'or otherwise required by the local authorities the upper 6 inches of engineered fill in areas to receive pavement shall be compacted to at least 95 percent relative compaction. E. .'Testing and Observation of Fill—.The work'shall consist of field observation and'testing to determine that each layer has been compacted to the required density and that the required moisture is being obtained. Any layer or portion of a layer that does not- attain the compaction required shall be reworked until the required density is.obtained. : F. Compaction—Compaction shall be by sheepsfoot rollers,multiple-wheel steel or pneumatic- tired rollers or other types of acceptable compaction equipment. Rollers shall°be'of such design that they will be able to compact the fill to the specified compaction. Rolling shall be accomplished'while the fill material is within the specified moisture content range. 'Rolling of each layer must be continuous so that the required compaction may be obtained uniformly throughout each layer. G. Fill slopes shall be constructed by overfilling the design slopes and later cutting back the slopes to the design grades. No loose soil will be permitted on the faces of the finished slopes. { H. Strippings and topsoil shall be stockpiled as approved by Owner,then placed in accordance with the Soil Engineer's recommendations to a minimum thickness of 6 inches over exposed open space cut slopes which are 3:1 or flatter, and track walked to the satisfaction of the Soils Engineer. I. Final Prepared Subgrade—Finish blading and smoothing shall be performed'as necessary to produce'the required density, with a uniform surface, smooth and true to grade. 3.06 BACKFILLING A. Backfill shallnot be placed against footings, building walls, or other structures until approved by Soils Engineer. FIRE STATION# 10 2955 TREAT BLVD CONCORD,CA JOB#20016-1813 02200/8 EARTHWORK SECTION 02200 B. Backfill material shall be Select Material as specified for engineered fill. C. Backfill shall be placed in 6-inch layers,leveled,rammed, and tamped in place. Each layer shall be compacted with suitable compaction equipment to 90 percent relative compaction at a moisture content of at least 3 percent above optimum. 3.07 TRENCHING AND BACKFILLING FOR UTILITIES A. Trenching: 1. Trenching shall include the removal of material and obstructions,the installation and removal of sheeting and bracing and the control of water as necessary to provide the required utilities and services. 2. Trenches shall be excavated to the lines, grades, and dimensions indicated on the Drawings. Maximum allowable trench width shall be the outside diameter of the pipe plus 24 inches, inclusive of any trench bracing. 3. When the trench bottom is a soft or unstable material as determined by the Soils Engineer, it shall be made firm and solid by removing said unstable material to a sufficient depth and replacing it with on-site material compacted to 90 percent minimum relative compaction. 4.. Where water is encountered in the trench, the contractor must provide materials necessary to drain the water and stabilize the bed. B. . Backfilling: 1. Trenches must be backfilled within 2 days of excavation to minimize desiccation. 2. Bedding material shall be sand and shall not extend more than 6 inches above any utility lines. 3. Backfill material shall be select material. 3.08 AGGREGATE DRAINAGE FILL A. The Soils engineer shall approve finished subgrades before aggregate drainage fill is installed. B. Pipes,drains,conduits, and any other mechanical or electrical installations shall be in place before any aggregate drainage fill is placed. Backfill at walls to elevation of drainage fill shall be in place and compacted. C. Aggregate drainage fill under slabs and concrete paving shall be the minimum uniform thickness after compaction of dimensions indicated on Drawings. Where not indicated, minimum thickness after compaction shall be 4 inches. D. Aggregate drainage fill shall be rolled to forma well-compacted bed. FIRE STATION# 10 2955 TREAT BLVD CONCORD,CA JOB#20016-18B 02200/9 EARTHWORK SECTION 02200 E. The finished aggregate drainage fill must be observed and approved by the-Soils'Engineer before proceeding with any subsequent construction over the compacted base or.fill. 3.09 SAND CUSHION A. Not Used. 3.10 FINISH GRADING A. All areas must be finish graded to elevations and grades indicated on the Drawings. In areas to receive topsoil and landscape planting, finish grading shall be performed to a uniform 6 inches below the grades and elevations indicated on the Drawings,and brought to final grade with topsoil. 3.11 DISPOSAL OF WASTE MATERIALS A. Excess earth materials and debris shall be removed from the.-site and disposed of in a legal manner. Location of dump site and length of haul are the Contractor's responsibility. 3.12 SITE DRAINAGE 1 EROSION CONTROL A. Contractor shall be solely responsible for provision of adequate site drainage,at all times during the course of the Work. B. All site prepared areas and in-progress embankment within the Contract area detrimentally affected by surface runoff during the time of this Contract shall be reworked to the satisfaction of the Geotechnical Engineer at no additional expense to the Owner. C. All dewatering required prior to the startof grading work shall be--performed by the Contractor to the satisfaction of the Geotechnical Engineer at no additional expense to the Owner. D. Storm water pollution prevention measures:Provide erosion control measures to prevent soil and debris from entering the storm drain system. Erosion control measures shall be in accordance with the guidelines outlined in the ABAG Erosion and Sediment Control Handbook. See Civil engineering Drawings for additional requirements,which specify Best Management Practices(BMP's)that control the entry of pollutants into storm water runoff. 1. Contractor shall be responsible for ensuring that all Sub-Contractors are aware of all storm water prevention measures and their implementation requirements. Failure to complywith the approved construction BMP'S may result in the issuance of correction notices,citations; or a stop work order. 2. Machinery, tools,brushes, containers, etc. shall not be cleaned or rinsed in the street, gutter, storm drains, or streams. 3. All dirt, gravel, rubbish,refuse and green waste shall be removed from the sidewalk, street pavement, and storm drains adjoining the project. During wet weather;-avoid FIRE STATION# 10 2955 TREAT BLVD CONCORD,CA JOB#20016-1813 02200/10. EARTHWORK SECTION 02200 driving vehicles on paved areas. 4. Broom sweep the sidewalk and public street pavement adjoining the project on a daily basis. Caked mud or dirt shall be scraped from these areas before sweeping. E. To convey surface water away from the buildings, the landscape areas should be sloped downward from the foundation wall a minimum of 5 percent for a distance of 7 feet from the foundations. For paved areas, the slope gradient can be. reduced to 2 percent. All roofs should be provided with gutters and solid pipe downspouts discharging into a solid pipe system that connects into the storm drainage system. 3.13 DUST ALLEVIATION AND CONTROL A. Contractor shall be responsible for and shall provide pollution and dust abatement and control measure satisfactory to Owner continuously during the course of the work. B. Use means necessary to control dust on and near the Work,and on and near off-site areas,if such dust is caused by the Contractor's operations during performance of the Work or if resulting from the condition in which the Contractor leaves the site. C. Thoroughly moisten surfaces as required to prevent dust being a nuisance to the public, neighbors, and to personnel performing other work on the site. 3.14 TRAFFIC AND ACCESS A. Maintain traffic on roads and streets adjacent to or leading to the site.The Contractor shall so conduct his operations as to offer the least possible obstruction and inconvenience to public traffic,and he shall have under construction no greater length or amount of work than he can prosecute properly with due regard to the rights of the public. Prior to commencing work, the Contractor shall submit to the agency exercising jurisdiction over the road or street a written traffic control plan,including proposed street or land closure times,for their approval and shall comply with the approved traffic control plan and all requirements of the encroachment permit. B. Unless detours are permitted,all traffic shall be permitted to pass through the work with as little inconvenience and delay as possible. Street or land closures shall only be made within the hours provided in the approved traffic control plan. Spillage resulting from hauling operations along or across the traveled way shall be removed immediately at the Contractor's expense. 3.15 PLACEMENT OF PLANTING SOIL A. Subgrade planting areas to receive soil from the onsite stockpiles or imported topsoil shall be in accordance with the requirements of the Landscape Architect. 3.16 FIELD QUALITY CONTROL A. The Soils Engineer shall be commissioned by the Owner to inspect and approve subgrades FIRE STATION# 10 2955 TREAT BLVD CONCORD,CA JOB#20016-1813 02200/1) EARTHWORK SECTION 02200 and fill layers before further construction is performed thereon.The Soils Engineer will make a sufficient number of tests to enable the Soils Engineer to issue a written statement that,in his opinion, 'the fill 'has been placed and compacted within compliance of these specifications: . B. Reconditioning compacted areas: Where completed compacted areas are disturbed by subsequent construction operations or adverse weather, scarify the surface, reshape and compact to the required density prior to further construction. C. . The Soils Engineer will provide a written summary report,listing the field density data together with an opinion regarding the quality of the Work.The summary report will indicate the area of fill or embankment and the compaction density obtained, and the type or classification of fill material placed. D. Upon completion, remove temporary protection; restore work areas to original condition; leave site clean and orderly. 3.17 TREATMENT AFTER COMPLETION OF EARTHWORK A. After earthwork operations are completed and the Geotechnical Engineer has finished his observation of the work; nofurther excavation or filling shall be done:except with the approval of and under observation of the Geotechnical Engineer. B. It shall be the responsibility of the Contractor to prevent erosion of freshly graded areas during construction and until such time as permanent drainage and erosion control measures have been installed. END OF SECTION FIRE STATION# 10 2955 TREAT BLVD CONCORD,CA JOB#20016-1813 02200/42 SECTION 02430 STORM DRAINAGE PART 1 = GENERAL 1.01 GENERAL CONDITIONS A. The requirements of the "General Conditions of the Contract", Supplementary General Conditions", and of Division 1 "General Requirements", shall apply to all work of the Section with the same force and effect as though repeated in full herein. 1.02 SCOPE OF WORK A. Trenching. B. Site Storm Drain Lines; and inlets. C. Pipe protection for utilities where required. 1.03 RELATED WORK SPECIFIED ELSEWHERE: A. Utility specifications - Section 02700 - Site Utilities, Compaction Specifications -Section 02200 -Earthwork 1.04 . MATERIALS APPROVALS: A. Provide complete list of materials and equipment with names and addresses of manufacturers, catalog numbers and trade names. Submit to the Owner or Owner's representative for acceptance prior to construction. B. Any items disapproved by the Owner as not conforming to the specifications shall be deleted and suitable substitutes shall be made in lieu thereof as designated by the Owner. 1.05 APPLICABLE SPECIFICATIONS' A. CALTRANS SPECIFICATIONS - Standard Specifications of the State of California Department of Transportation, July, 1999. B. ASTM SPECIFICATIONS - The latest.edition of the American Society for Testing and Materials Standards. FIRE STATION# 10 2955 TREAT BLVD CONCORD,CA JOB#20016-18B 02430/1 STORM DRAINAGE SECTION 02430 1.06 PROTECTION A. Protect materials and equipment from damage. B. Provide adequate and proper storage facilities. C. Replace damaged and defective work or material before filing application for final acceptance. D. Plug and cap piping during installation and keep free from debris and other'contamination. E. Protect workmen and the public from harm and conform to all requirements of the Board of Fire Underwriters and Industrial Accident Commission of the State. 'PART 2 -PRODUCTS 2.01 PVC STORM DRAIN PIPES (12" and Smaller Diameter) A. PVC storm drain pipe for minor storm drains equal to or less than (12) inches in diameter shall be used where indicated on the plans'and the PVC pipe material shall conform to the requirements of ASTM D3034 for SDR 35 pipe. Materials for PVC pipe shall conform to the requirements of ASTM D1784 for class 12454-B or 12454-C.as defined therein. B. All fittings including wyes and cleanouts for PVC storm drain pipes shall conform to the requirements of ASTM 1)2241. The ring groove and gasket,ring shall be compatible with PVC pipe ends. C. The strength class of fittings shall be not less than the strength class of any adjoining pipe. D. Installation shall conform'to the requirements of ASTM D2321. ' E. Flexible couplings shall be rubber,.full circle,clamp-ori type conforming with ASTM C425 and providedwith two stainless steel band screw clamps to secure the coupling tightly to entering and 'existing pipes. All screw-clamp hardware shall be type 304 or type 316 stainless steel. F. Pipe bedding and backfill material for on-site utilities shall be subject to the acceptance of the Geotechnical Engineer. PART 3 -EXECUTION 3.01 TRENCHES A. Preparation,trenching, examination, control of groundwater, bracing and shoring;bedding and backfilling,pipe laying, and pipe alignment shall be in accordance with Section 02700 Part 3. 3:02 PIPE BEDDING FIRE STATION# 10 2955 TREAT BLVD CONCORD,CA JOB#200I6-18B 02430/2 STORM DRAINAGE SECTION 02430 A. Storm drains shall be laid on a firm bed of granular material. B. Bedding material shall be accurately shaped to the line and grade called for on the plans,and carefully packed under the bottom quadrant of the pipe barrel. C. Trenches shall be dry when trench bottom is prepared. A continuous trough shalt be prepared or excavated to receive the bottom quadrant of the pipe barrel. In addition, bell holes shall be excavated so that after placement,only the barrel of the pipe receives bearing pressure from the trench bottom. 3.03 PIPE LAYING A. The pipe shall be installed in conformance with the requirements of ASTM D-2321, as specified herein and as shown on the Drawings. The pipe sections shall be closely jointed to form a smooth flow line. Immediately before placing each section of pipe in final position for connecting joints,the bedding for the pipe shall be checked for firmness and uniformity of surface. B. Proper implements,tools and facilities as recommended by the pipe manufacturer's printed instructions shall be provided and used by the Contractor for safe and efficient execution of the work. All pipe, fittings, and accessories shall be carefully lowered into the trench by means of derrick,ropes,or other suitable equipment in such a manner as to prevent damage to pipe and fittings. Under no circumstances shall pipe or accessories be dropped or dumped into the trench. C. Cutting and machining of the pipe shall be accomplished in accordance with the pipe manufacturer's standard procedures for this.operation. Pipe shall not be cut with a cold chisel, standard iron pipe cutter, nor any other method that may fracture the pipe or will produce ragged, uneven edges. D. Installation of pipes in prepared trenches shall start at the lowest point,with the spigot ends pointing in the direction of flow. E. The pipe and accessories shall be inspected for defects prior to lowering into the trench. Any defective,damaged or unsound pipe shall be repaired or replaced. All foreign matter or dirt shall be removed from the interior of the pipe before lowering into position in the trench. Pipe shall be kept clean during and after laying. All openings in the pipe line shall be closed with water tight expandable PVC test plugs at the end of each day's operation or whenever the pipe openings are left unattended. The use of burlap,wood, or other similar temporary plugs will not be permitted. 3.04 PIPE HANDLING A. Handling of all pipe shall be done with care to insure that the pipe is not damaged in any manner during storage, transit, loading, unloading, and installation. B. Pipe shall be inspected both prior to and after installation in the trench and all defective FIRE STATION# 10 2955 TREAT BLVD CONCORD,CA JOB#20016-18B 02430/3 STORM DRAINAGE SECTION 02430 lengths shall be rejected and immediately removed from-the working area. 3.05 TESTING A. If inspection indicates poor alignment,debris,displaced pipe,infiltration or other defects,the contractor shall correct such defects to the satisfaction of the owner. B. Final testing of storm drainage pipe shall be conducted after the installation of storm drain system is completed. 3.06 STORM DRAIN CONCRETE STRUCTURES: A. Structures and appurtenances shall be installed at the location and to the'lines and dimensions shown on the plans and detail drawings,and as established by the Engineer.. The installation of structures and appurtenances shall immediately follow the completion of the pipe laying operation. Unless otherwise noted, structures shall be installed in conformance with the applicable requirements of the City Standard Specifications. Precast structures shall be accurately assembled with full mortar bed joints. . B. Frames for covers in paved areas shall be accurately placed flush with and in the plane of the finish pavement. Tops of structures in unpaved areas shall be constructed to the grades shown or called for on the plans and established by the Engineer. Cover frames in new roadway subgrade shall be brought to finish pavement plane and grade immediately prior to paving operations. 1 END OF SECTION FIRE STATION# 10 2955 TREAT BLVD CONCORD,CA JOB #20016-18B 02430/4 SECTION 02513 ASPHALT CONCRETE PAVING PART 1 - GENERAL 1.01 GENERAL CONDITIONS A. The requirements of the ".General Conditions of the Contract", "Supplementary General Conditions", and of Division 1, "General Requirements", shall apply to all work of this Section with the same force and effect as though repeated in full herein. 1.02 SCOPE OF WORK A. This portion of the work shall include all labor,materials,tools and equipment necessary or incidental to the completion of the pavement shown on the plans and as herein specified. B. Work Specified in This Section 1. Subgrade preparation. 2. Soil sterilization. 3. Prime and tack coats. 4. Base Course. 5. Asphalt surfacing. 6. Seal Coat. 7. Asphalt concrete overlay 8. Saw cut and match existing AC pavement grade. C. Related Work Specified in Other Sections 1. Earthwork- Section 02200 2. Concrete Surface Improvement- Section 02515 3. Except as may be modified by these specifications,this work shall conform to Section 39 State of California Standard Specifications, latest edition. 1.03 UTILITIES A. Do not commence work until underground pipes and utilities are placed, inspected and accepted,and backfill and compaction is completed. Cutting or patching of finished paving shall not be permitted. 1.04 TESTS AND INSPECTIONS FIRE STATION# 10 2955 TREAT BLVD CONCORD,CA JOB#20016-1813 02513/1 ASPHALT CONCRETE PAVING SECTION 02513 A. Contractor shall provide Engineer with certified copies of test data and results to verify the acceptability of the materials to be used. 1.05 GUARANTEE A. In addition to the guarantee specified in Division 1,-Contractor shall repair or restore to first class conditions any portion of the asphaltic paving in which ,weed growth, creeping, shoving, revealing, cracking, softening, excessive or uneven settlement..due,to improper placing,or defective materials that appear or become apparent within one(1)year from date of acceptance. PART 2 -PRODUCTS 2.01 WEED CONTROL A. Responsibility of the effectiveness of the type of weed control used is the sole responsibility of Contractor B. Use of borates and, sodium chlorate, or other.non-poisonous chemicals only, will be permitted. C. No weed control chemical shall be applied to areas designated for planting. 2.02 STRUCTURAL PAVEMENT SECTION A. Aggregate Base 1. Shall be Class 2 aggregate base in conformance with Section 26 of the Caltrans Standard Specifications. The aggregate base shall be placed',to the depth as shown on the plans and compacted to 95% compaction per ASTM D1,557. B. Asphaltic Concrete: 1. Paving asphalt to be mixed with aggregate shall be steam refined asphalt conforming to the provisions of Section 92 of the Standard Specifications for viscosity grade AR 4000. 2. Type B Aggregate as specified in the Caltrans Standard Specifications,Section 39, 1/2 inch maximum size, medium grading.. 2.03 ASPHALT CONCRETE OVERLAY,UTILITY CUT PAVEMENT REPLACEMENT AND PAVEMENT'STRUCTURAL SECTION A. Asphalt concrete shall be'placed at the thickness indicated on the Drawings. . B. The asphalt binder shall be 12.5 millimeter maximum size,medium grading for overlays and top lifts(s) of pavement structural sections in conformance with Section 39, "Asphalt Concrete",of the.Caltrans Standard Specifications. The aggregate shall be 19 millimeter maximum size, medium grading, for the bottom,lift(s) of pavements structural sections in FIRE STATION# 10 2955 TREAT BLVD CONCORD,CA JOB#20016-18B 02513/2` ASPHALT CONCRETE PAVING SECTION 02513 conformance with Section 39, "Asphalt Concrete", of the Caltrans Standard Specifications. For pavement structural sections less than four inches,the aggregate shall be 12.5-millimeter maximum size,medium grading in accordance with Section 39, "Asphalt Concrete", of the Caltrans Standard Specifications. 2.04 HEADER AND STAKES A. Headers: Construction of pressure treated doug-fir header board bottom flush with existing ground and secured with pressure treated doug-fir stakes. B. Stakes: Pressure treated doug-fir as specified for headers. C. Nails: Common, galvanized, 12d minimum. 2.05 PAVEMENT CRACK SEALANT A. The pavement crack sealant shall be modified asphalt composition conforming to the following requirements. Test Test Method . Requirements Softening Point ASTM D 36 180- degrees F. Minimum Core Penetration at ASTM D 3407 30-dmm minimum 77-degrees F. Resilience at 77- ASTM D 3407 30 percent minimum degrees F. Flow ASTM D 3407 3-mm maximum If asphalt ground rubber is used,the gradation of the asphalt ground rubber shall be such that 100 percent will pass a No. 8 seive. The material shall be capable of being melted and applied to cracks and joints at temperatures below 400- degrees F. When heated, it shall readily penetrate cracks '/4-inch wide or wider 2.06 PRIME COAT A. SC-70 liquid asphalt conforming to Sections 39 and 93 of the Standard Specifications. 2.07 TACK COAT A. SS-1 asphalt emulsion conforming to Sections 37 and 94 of the Standard Specifications. 2.08 SEAL COAT A. Shall consist of an asphaltic emulsion,penetration type, conforming to ASTM D-401-40. PART 3 -EXECUTION FIRE STATION# 10 2955 TREAT BLVD CONCORD,CA JOB#20016-I8B 02513/3 ASPHALT CONCRETE PAVING . SECTION 02513 3.01 INSPECTION A. Installer must examine the area and conditions under which asphalt concrete paving is to-be s P. P g installed. Notify the Owner's Representative in writing of conditions detrimental to.the proper and timely completion of the work. Do not proceed with the work until unsatisfactory conditions have been corrected in a manner acceptable to Geotechnical Engineer. and the Owner's Representative. 3.02 PREPARATION OF SUBGRADE A. Subgrade shall be scarified to a minimum depth of 8 inches and moisture conditioned to near optimum moisture content and the entire area thoroughly compacted to not less than 95% relative compaction as determined by procedures set forth in ASTM Designation D1557. B. Remove all soft and unstable material and other portions of the subgrade, which will not compact readily, and replace.with approved materials. C. Subgrade preparation and compaction shall be performed under the observation-of the Soils Engineer. D. Subgrade preparation shall extend a minimum of 2 feet beyond concrete and asphalt pavement in street. E. Finish subgrade shall be within 0.10 foot above or below theoretical grade shown or established: 3.03 AGGREGATE BASE A. Aggregate base shall be spread and compacted in conformance with Standard Specifications Section 26 for class 2 Aggregate Base. Finished aggregate base shall have the minimum depth as shown in the pavement design chart on the plans and finished grade shall not vary more than 0.05 foot above or below the established grade. The aggregate base shall be compacted to a density not less than 95 percent of that obtained in the laboratory according to Test Method ASTM D1557-78. 3.04 PRIME AND TACK COAT A. Prime Coat I. Prior to placement of asphalt concrete, apply prime coat to the aggregate base to all areas receiving asphalt concrete. Conform to Section 39 of Standard Specifications. B. Tack Coat 1. Apply a"tack coat"to all vertical faces,against which asphalt concrete is to be placed. Conform to Section 39 of Standard Specifications. 3.05 PLACING ASPHALTIC CONCRETE FIRE STATION# 10 2955 TREAT BLVD CONCORD,CA JOB#20016-18B 02513/4 ASPHALT CONCRETE PAVING SECTION 02513 A. Asphalt concrete shall be spread and compacted on the prepared base in conformance with the lines,grades and dimensions shown on the drawing and as specified in Section 39 of the Standard Specifications. Spreading by blading equipment consisting of motor graders will not be permitted unless accepted by the Soils Engineer. 3.06 PAVEMENT CRACK SEALING A. Prior to overlaying existing pavements, crack-sealing operations shall be performed in accordance with the following: 1. Crack sealing shall be performed on all pavement cracks 0.2.inches wide or wider. Cracks larger than '/4-inch wide shall be routed to a depth of/2-inch prior to sealing. 2. Crack sealing shall be performed after any required pavement repair or grinding operations and prior to placing flexible pavement coatings, pavement reinforcing fabric, or overlay. 3. All pavement cracks not routed shall first be treated with a liquid herbicide product. 4. Immediately prior to performing crack sealing, the cracks shall be cleaned by the use of high-pressure compressed air and shall be filtered of moisture and oils. Under damp conditions, a hot compressed air lance shall be utilized to dry the cracks as well. S5. Sealant material shall conform to the provisions of PART 2 'Products" of this Section and shall be applied at the temperature and rate recommended by the manufacturer. 6. Sealant shall be applied to a slightly overfilled condition, and then struck off with a guide-shoe, plate, or squeegee to produce a band of material two inches to four inches in width, centered over the crack. On pavements to be slurry or seal-coated, strike-off height shall be less than 1/8-inch above the pavement surface. 7. Extensively cracked pavement areas shall not be crack sealed unless specifically directed by the Engineer. This is necessary to avoid interference with proper adhesion of the flexible pavement coatings, pavement reinforcing fabric, or overlay and to avoid subsequent asphalt bleeding on the new surface. Where the Engineer determines excessive coating or thickness of pavement crack sealant by the Contractor, the Contractor shall perform the necessary pavement base repairs to correct the problem prior to placement of any flexible pavement coating,pavement reinforcing fabric or overlay. 8. Crack seal areas shall be protected from traffic until the material has sufficiently cured and does not track. Any damage or loss of material from freshly placed crack seal material shall be replaced by the Contractor. 3.07 SEAL COAT FIRE STATION# 10 2955 TREAT BLVD CONCORD, CA JOB#20016-18B 02513/5 ASPHALT CONCRETE.PAVING SECTION 02513 A. Per.Sectioi 39-7:02 of the Caltrans Specification. B. Applyseal coat to hardsca e lay areas in accordance with manufacturer's instructions in two P P separate coats.Do not apply seal coat until 30 days after placing of asphaltic concrete paving. C. The mixture shall be uniform and homogeneous after spreading on the existing surfacing and shall not show separation of the emulsion and aggregate after setting. D.. Adequate means shall be provided to protect the slurry seal from damage by traffic until such time that the mixture has cured sufficiently so that slurry will not adhere to and be picked up by the tires of vehicles. 3.08 FLOOD TEST A. The contractor shall test the paved areas for proper drainage by flooding with water in ample quantity to demonstrate the correct shaping of the paving. B. Flood test to be made prior to the sealing and striping of the pavement. Owner to witness flood tests. Notify Owner three working days minimum prior to flood test. C. Repair any areas in which excessive ponding occurs. Excessive ponding is defined as areas in which water stands more than 3/16" in depth. Any areas requiring remedial overlay shall . be overlayed with a 3/8"fine mix placed over a tack coat. This corrective work shall be done prior to the sealing and paint striping of the lot. END OF SECTION . " , FIRE STATION# 10 2955 TREAT BLVD CONCORD,CA JOB#20016-1813 02513/6 SECTION 02515 CONCRETE SURFACE IMPROVEMENTS PART 1 - GENERAL 1.01 GENERAL CONDITIONS A. The requirements of the "General Conditions of the Contract", "Supplementary General Conditions", and of Division 1, "General Requirements", shall apply to all work of this Section with the same force and effect as though repeated in full herein. 1.02 WORK INCLUDED A. Forming concrete surface improvements for the parking lot,driveway entry,curb,gutter and sidewalks. B. Placing and finishing concrete surface improvements. C. Curing concrete surface improvements. D. Protecting concrete surface improvements. E. Construction of concrete slab for fuel tank, diesel generator, and trash enclosure: F. The Work shall include the provision of all materials, equipment and apparatus not specifically mentioned herein or noted on the plans, but which are obviously necessary to complete the Work specified. 1.03 QUALITY ASSURANCE A. All Work shall be done to the satisfaction of the Owner or Owner's representative and all subgrade shall meet the approval of the designated representative of the Geotechnical Engineer. B. No concrete for concrete surface improvements shall be placed until the subgrade for same has been approved by the Geotechnical Engineer and the forms and reinforcement for same have been accepted by the Owner or Owner's representative. C. Related work specified in other sections 1. Earthwork Section 02200 2. Asphalt Concrete Paving - Section 02513 D. Codes and Standards: 1. Forming of Portland Cement Concrete roadway improvements shall conform to the applicable provisions of Section 73-1.04, 734.05A or 73-1.0513 of the Caltrans Specifications. 2. Placing and finishing of.Portland Cement Concrete roadway improvements shall FIRE STATION# 10 2955 TREAT BLVD CONCORD,CA JOB#200164813 02515/1 CONCRETESURFACEIMPROVEMENTS SECTION 02515 conform,to the provisions of Section 73-1.05, 73-1.05A, 73-1.05B or 73-1.06, of the CaltransSpecifications. 3. Curing and protecting of Portland Cement Concrete roadway improvements shall . conform to the applicable provisions of Section 90-7 and 90-8, respectively, of the Caltrans;;Specifications. 4. Soils report. 1.04 JOB CONDITIONS A. Where a portion of existing concrete surface improvements is to be reconstructed,the section to be removed shall first be separated from that to remain by means"of a cut with an approved concrete saw to a minimum depth of one and one-half(1-1/2) inches at the first score line beyond the area to be replaced. B. All repairs to concrete surface improvements shall be made by completely removing and replacing the entire portion between the score lines or joints. C. Hand mixing of Portland Cement Concrete for use in concrete surface improvements shall not be permitted. D. Prior to forming for concrete surface improvements, the.Contractor shall first secure acceptance of the subgrade from the Geotechnical Engineer. PART 2 -PRODUCTS 2.01 PORTLAND CEMENT CONCRETE A. Portland Cement Concrete for fixed form concrete surface improvements shall be Class"A" conforming to the requirements of Section 90.of the Caltrans Specifications. 1. - Concrete compressive strength for vehicular traffic pavement shall be:'a minimum of 3,000 psi. 2. Concrete compressive strength for other concrete surface improvements shall be a minimum of 2,500 psi. B. Aggregate gradation for concrete roadway improvements shall conform to the requirements of Section 90.73 of the State Standard Specifications for one and one-half (1-1/2) inch maximum combined aggregates. C. Supplier's certificates showing conformance with this specification shall be delivered to the Engineer with each shipment of materials delivered to the job site. " 2.02 . EXPANSION,JOINT MATERIAL A. .Material for expansion joints in Portland Cement Concrete surface improvements shall be P J P premolded expansion joint fillers of the thickness called for on the plans conforming to the FIRE STATION# 10 2955 TREAT BLVD CONCORD,CA JOB#20016-1813 _ 02515/2 CONCRETE SURFACE IMPROVEMENTS SECTION 02515 requirements of ASTM Designation D1751. Expansion joint material shall be shaped to fit the cross section of the concrete prior to being placed. 2.03 REINFORCEMENT AND DOWELS A. Bar reinforcement for the concrete surface improvements shall be deformed billet-steel bars of the size or sizes called for on the plans and shall conform to the requirements of ASTM Designation A615 for Grade 40 bars. Bar deformation shall conform to the requirements of ASTM Designation A305. Size and shape of bar reinforcement shall conform to the details shown or called for on the plans. B. Dowels,where noted or called for on the plans or detail drawings,shall be smooth billet-steel bars conforming to the requirements of ASTM.Designation A615 for Grade 40 bars. C. Mesh for reinforcement for concrete surface improvements shall be cold drawn steel wire mesh of the size and spacing called for on the plans and shall conform to.the requirements of ASTM Designation A82 for the material and ASTM Designation Al 85 for the mesh. Size and extent of mesh reinforcement shall conform to the details shown or called for on the plans. D. Tie wire for reinforcement shall be eighteen (18) gauge or heavier black annealed conforming to the requirements of ASTM Designation A82. PART 3 - EXECUTION 3.01 PREPARATION OF SUBGRADE A. Subgrade shall be scarified to a minimum depth of 8 inches and moisture conditioned to near optimum moisture content and the entire area thoroughly compacted to not less than 95% relative compaction as determined by procedures set forth in ASTM Designation D1557. B. Remove all soft.and unstable material and other portions of the subgrade which will not compact readily, and replace with approved materials. C. Subgrade preparation and compaction shall be performed under the observation of the Soils Engineer. D. Subgrade preparation shall extend a minimum of 2 feet beyond concrete and asphalt pavement in street area. 3.02 FORMS FOR CONCRETE A. Forms for concrete surface improvements shall have a smooth and true upper edge and the side of the form to be placed next to concrete shall have a smooth finish. Forms shall be constructed rigid enough to withstand the pressure of the fresh concrete to be placed without any distortion. B. All forms shall have been thoroughly cleaned prior to placement and shall be coated with an � Y P approved form oil sufficient to prevent adherence of concrete prior to filling. FIRE STATION# 10 2955 TREAT BLVD CONCORD,CA JOB#20016-1813 02515/3 CONCRETE SURFACE IMPROVEMENTS SECTION 02515 C. Forms shall be carefully set to the'alignment and grade required.bythe plans. Forms shall be rigidly held in place by stakes set at intervals satisfactory to the Engineer.:Sufficient clamps, spreaders and braces shall be installed to ensure the rigidity of the forms. D. Forms for back and face of curbs, lip of gutters and edge of walks,valley gutters or.other surface slabs shall be equal to the full depth of the concrete as shown,rioted or called for on the plans or detail drawings. Composite forms made up from benders or thin'planks of sufficient ply to ensure rigidity of the form in the shape required may be used on curves and curb returns. 3.03 EXPANSION JOINTS A. Expansion joints incorporating premolded joint fillers for fixed form concrete surface improvements shall be constructed as shown on the drawings. At each expansion joint,two (2)one-half by twelve inch(1/2"x 12")smooth slip dowels shall be installed in the positions shown or noted on the detail drawings: B. Expansion joints incorporating joint fillers for slip-formed concrete roadway improvements shall be constructed at all curb returns. At each expansion joint,two(2)one-half by twelve inch(1/2"x 12")smooth slip dowels shall be installed in the positions shown or noted on the detail drawings. C. Slip dowels shall be oriented at right angles to the expansion joint and shall-be held firmly in place during the construction process. D. Expansion joints and. slip dowels shall be constructed in valley gutters and driveway approaches at all beginning and end points of curvature and in all positions indicated or called for on the detail drawings. 3.04 WEAKENED PLANE JOINTS A. Weakened plane joints shall be constructed in concrete curbs, and walkways between expansion joints as shown on the plans. Depth of joint score shall be one(1)inch and'shaIl be one-eighth?(1/8")wide. 3.05 CONCRETE SURFACE CONSTRUCTION A. Concrete curb and gutter shall be formed, placed and finished in conformance with the applicable requirements of Section 73 of the State Standard Specifications as modified herein. 3.06 FIELD QUALITY CONTROL A. Finish subgrade for concrete roadway improvements shall be subject to the acceptance of the Geotechnical Engineer. No forms shall be placed prior to Contractor obtaining such acceptance. B. Variation of concrete roadway improvements from design grade and cross section as shown or called for on the plans shall not exceed the tolerances established in Section 73-1.05 FIRE STATION# 10 2955 TREAT BLVD CONCORD,CA JOB#20016-18B 02515/4 CONCRETE SURFACE IMPROVEMENTS SECTION 02515 and/or 73-1.07 of the State Standard Specifications, as applicable. END OF SECTION FIRE STATION# 10 2955 TREAT BLVD CONCORD,CA JOB#20016-18B 02515/5 PULVERISING ASPHALT CONCRETE SECTION 02517 SECTION 02517 PULVERIZING ASPHALT CONCRETE PART GENERAL 1.01 GENERAL CONDITIONS A. The requirements of the"General Conditions of the Contract", "Supplementary General Conditions", and of Division 1, "General Requirements", shall apply to all work of this Section with the same force and effect as though repeated in full herein. 1.02 SCOPE OF WORK: A. Determining the structural section of the existing pavement. B. Preparing a pulverizing and grading plan. C. Pulverizing a portion of the existing structural section. D. Grading and compacting the pulverized material. E. Off hauling excess pulverized material if necessary. 1.03 REFERENCES: A. Standard Specifications for City and County Public Works Construction. B. Standard Specification: Standard Specifications of the State of California, Department of Transportation, latest edition. C. ASTM Specification: The latest edition of the American Society for Testing and Material Standards. D. Storm Water Quality Task Force - Construction Activity Handbook. E. TAI (The Asphalt Institute) - Manual Series No. 2 (MS 2). 1.04 QUALITY ASSURANCE A. Perform work in accordance with Standard Specifications for Public Works Construction. B. Mixing Plant: Conform to State of California standards. C. Obtain materials from same source throughout. 1.05 REGULATORY REQUIREMENTS FIRE STATION# 10 2955 TREAT BLVD CONCORD,CA JOB#20016-18B 02517/1 i. PULVERISING ASPHALT CONCRETE SECTION 02517 A. Conform to applicable City and County standards for paving work on public property and to the requirements for safety of adjacent structures,dust control,protection of service utilities, play equipment and discovered hazards. 1.06 SUBMITTALS A. Provide Shop'Drawings, Product Data and Samples of pulverized pavement per Section 01340 of Division 1 specifications and per"Grading Plans". 1.07 ENVIRONMENTAL REQUIREMENTS A. Do not place asphalt when base surface temperature is less than 40 degrees F. B. Perform asphalt paving waste management techniques as defined in Chapter 4 of the Construction Activity Handbook published by the Storm Water Quality Task Force. PART 2 PRODUCTS 2.01 PORTLAND CEMENT CONCRETE A. Portland Cement.Concrete for cement treated base shall be type II Modified and shall conform to Section 27, "Cement Treated Bases", of the Caltrans Standard Specifications. 2.02 PRIME COAT A. Prime coat shall conform to the provisions in Section 93,"Liquid Asphalts",of the.Caltrans Standard Specifications and shall be of the grade designated in the contract item. 2.03 SEAL COAT A. Seal coat shall conform to the provisions in Section 37-1, "Seal Coats'; of the Caltrans Standard Specifications. B. Substitutions: Under provisions of the Specifications. PART 3 EXECUTION 3.01 DETERMINE THE STRUCTURAL SECTION OF EXISTING'PAVEMENT: A. Pot hole every 6,000 sq.ft. of existing pavement to determine the structural section of the existing pavement. B. Measure and identify the depth of AC and/or AB down to subgrade. C. Beginning of installation means acceptance of substrate. FIRE STATION# 10 2955 TREAT BLVD CONCORD,CA JOB#20016-18B 02517/2 . PULVERISING ASPHALT CONCRETE SECTION 02517 3.02 PREPARE A PULVERIZING AND GRADING PLAN: A. Prepare a Pulverizing and Grading Plan identifying depth of pulverizing and a grading plan. The Grading Plan shall include minimum grades in the direction of storm water flow of 1.25% and maximum grades of 4.0%. Drainage shall be maintained at 2% away from adjacent buildings for a distance of 5 feet. 3.03 PULVERIZING, GRADING AND COMPACTION: A. Pulverize all existing asphalt pavement and/or aggregate base material. B. The contractor shall pulverize the existing pavement until the maximum size of the asphalt concrete is not more than 1-1A to 1-1/2 inches and mix it with the underlying top two inches of base material. C. Rough grade the site to within 2 inch of finish elevation. D. Add pure cement(Type II Modified)into the pulverized.asphalt/aggregate base rock material to create.a 4% cement treated base section, which shall be compacted to not less than 95% compaction as determined by ASTM D-1557. E. The contractor shall reshape and compact the combined mixture as a new base for the thickness of asphalt concrete shown on the drawings.The street section shall be reshaped to a cross-slope of 1.0%minimum to 5.0%maximum as approved by the ENGINEER. F. Should pulverization operations produce an excess of material which cannot be reshaped and compacted to meet the necessary cross-slope,the excess material shall become the property of the contractor and shall be disposed of in a legal manner. G. Areas that cannot be reached with the pulverization machine shall be jack-hammered or otherwise removed by hand. H. Pulverization operations shall not proceed pavement overlay operations by more than three calendar days, unless otherwise approved in writing by the ENGINEER. 1. Remove all loose materials from compacted base. J. Apply prime coat at the rate of 0.10 and 0.25 gallon per square yard to all areas to be paved. K. Apply tack coat at the rate of 0.05 to 0.10 gallon per square yard to all existing pavement, curbs, gutters, manholes,and the like immediately before asphalt concrete is placed._ L. Place Asphalt Concrete as specified in section 02741 "Bituminous Concrete Paving"of these specifications and as shown on the plans. FIRE STATION# 10 2955 TREAT BLVD CONCORD,CA JOB#20016-18B 02517/3 PULVERISING ASPHALT CONCRETE SECTION02517. M. Fog seal coat shall be diluted with an equal amount of water and applied at the rate of 0,10 gallon of the diluted emulsion per square yard of surface. The surface shall-be free of dust and loose material prior to application. Contractor shall apply fog seal no sooner than 24 hours after pavement is laid. N. ', Cracks; settling of surfaces, improper drainage, and sloppy,connection to previously laid surfaces will be construed as improper workmanship and will-not:be acceptable: O. The contractor shall be responsible for verifying all dimensions in the field. 3.04 TOLERANCES . A. Free from birdbaths. B. Flatness: Maximum variation of 1/8 inch in 6 feet. C. Compacted.Thickness: Within 1/4 inch. D. Variation from True Elevation: Within 1/2 inch. 3.05 SEAL COAT A. Apply seal coat to hardscape play areas in accordance with manufacturer's instructions in two separate coats.Do not apply seal coat until 30 days after placing of asphaltic concrete paving. B. The mixture shall be.uniform and homogeneous after spreading on the existing surfacing and shall not show separation of the emulsion and aggregate after setting. C. Adequate means shall be provided to protect the slurry seal from damage by traffic until such time that the mixture has cured sufficiently so that slurry will not adhere to and be picked up by the tires of vehicles. 3.06 PROTECTION A. Immediately after placement,protect pavement under provisions of the Specifications from mechanical injury for 2 days. 3.07 FLOOD TEST A. Perform flood test of finished.paving by use of water tank truck. B. Where water ponds to a depth of more than 1/8 inch, fill or otherwise correct to provide proper drainage.. C. Feather and smooth edge of fill so that joint between fill,and original surface is invisible. FIRE STATION# 10 2955 TREAT BLVD. CONCORD,CA JOB#20016-1813 02517/4 PULVERISING ASPHALT CONCRETE SECTION 02517 END OF SECTION 02517 FIRE STATION# 10 2955 TREAT BLVD CONCORD,CA JOB#20016-18B 02517/5 • • t SECTION 02700 SITE UTILITIES PART 1 - GENERAL 1.01 GENERAL CONDITIONS A. The requirements of the "General Conditions of the Contract", "Supplementary General Conditions", and of Division 1, "General Requirements", shall apply to all work of this Section with the same force and effect as though repeated in full herein. 1.02 WORK INCLUDED A. Trenching and other excavation. B. Groundwater control. C. Pipe bedding. D. Backfill and compaction of backfill. E. Dust alleviation and control. F. Cleanup and restoration of surface in improved areas. G. The work shall include the provision of all materials, equipment and apparatus not specifically mentioned herein or noted on the plans, but which are obviously necessary to complete the work specified. H. .Related work in other sections - Section 02200 —Earthwork- Section 02065 — Removal Work. 1.03 QUALITY ASSURANCE A. All work shall be done to the satisfaction of the designated representative of the Geotechnical Engineer, and shall meet with the acceptance of the Owner or Owner's:representative. B. Percentage of compaction specified shall be the minimum acceptable. The percentage represents the ratio of the dry density of the compacted backfill material to the maximum dry density of the material as determined by the procedure set forth in ASTM Designation D1557. 1.04 JOB CONDITIONS A. Locations of existing underground utilities and structures, insofar as they are known from information available from records and from the respective public utility companies, have been shown on the plans. The Engineer assumes no responsibility for the accuracy or completeness of said data,which is offered solely for the convenience of the Contractor. It shall be the Contractor's responsibility to verify the location of these obstructions, and to locate any other underground utilities and structures which might necessitate a change in the location, line, or grade of the new work prior to commencement of the new work. FIRE STATION# 10 2955 TREAT BLVD CONCORD,CA JOB#20016-18B 02700/1 SITE UTILITIES SECTION 02700 B. During trenching operations, the Contractor shall furnish, install, and operate adequate pumps or other devices as may be necessary to remove any seepage,storm water,or sewage that may be encountered during the progress of the work. All excavations shall be,kept free from water,during bedding,pipe laying,initial backfilling and when concrete is being placed, and thereafter until such water will do no damage to the work. C. Damage resulting from movement of the sides or bottom of trenches or other,excavation which is attributable to the Contractor's:acts or omissions,whether sides are braced or not, and any portions of the area and work affected by such movement, shall be repaired or restored by the Contractor at his expense to the satisfaction of the Geotechnical Engineer and the Owner or Owner's Representative. PART 2 -PRODUCTS 2.01 PIPE BEDDING AND BACKFILL MATERIAL A. Material for pipe bedding shall be granular material, clean and free of clay, silt or organic matter, and shall conform to the requirements of the City of Concord Standard Specifications'. B. Pipe bedding and backfill material for on-site shall be subject to the acceptance of the Geotechnical Engineer, and comply with Public Agency's requirements. PART 3 -'EXECUTION 3.01 PREPARATION AND EXAMINATION OF TRENCHES A. Trench excavation shall include the removal of all materials or obstructions of anynature,the installation and removal of all sheeting and bracing, and the control of water, necessary to construct the work as shown. Excavation shall be by open cut. Trenching machinesmay be used, except where their use will result in damage to existing facilities. B. Trenches shall be dug to an even laying grade and to a depth sufficient to provide the. indicated bedding and cover for the pipe. C. The minimum clear width of trench at the bottom of the pipe-shall be 12 inches greater than the outside diameter of the barrel of the pipe. D. The maximum allowable width of trench at the bottom of the pipe shall be the outside diameter of the pipe plus 24 inches inclusive of any trench bracing. E. If trench widths at the top of the pipe as above specified are exceeded by any amount for,any ,, reason, the Contractor shall provide at his own expense, stronger pipe, improved bedding conditions, or concrete .protection, as accepted to meet the load requirements of.the condition. F. When the trench is in an existing paved area,the pavement shall be sawed or scored on neat. lines parallel with and equidistant from the trench centerlines. Pavement between the lines shall be broken and removed immediately ahead of the trenching operations. The width of FIRE STATION# 10 2955 TREAT BLVD .CONCORD,CA. JOB#20016-18B 02700/2 SITE UTILITIES SECTION 02700 pavement removed shall be sufficient that the trenching operation does not damage the edges of the pavement left in place. G. To insure the safety of workmen and to protect and facilitate the work,sufficient bracing and . shoring shall be installed in all excavations 5 feet deep or over. A bracing and shoring plan shall be prepared by a State of California registered civil or structural engineer employed by the contractor. The plan shall comply with the rules,orders and regulations of the California Division of Industrial Safety and OSHA. Failure to comply with any of the above mentioned rules, orders and regulations shall be sufficient cause for the Owner or the Owner's representative to immediately suspend the work. No compensation for losses incurred by the Contractor for such a suspension will be allowed. Insofar as possible, sheeting shall not extend below the bottom of the trench. All sheeting,timbering,lagging and bracing shall be removed during backfilling,and in such a manner to prevent any movement of the ground or the piping or damage to other structures H. Excess excavated material,unsuitable materials,or that not required for backfill,shall be the property of the Contractor and deposited off the site. 3.02 TRENCH EXCAVATION, ALIGNMENT, AND PIPE LAYING A. All trenching, excavation, bedding and backfill shall be performed in accordance with the manufacturer's recommendations and as specified herein. Each section of pipe and each fitting shall be thoroughly cleaned out before it is installed. All pipe shall be carefully lowered into the trench by suitable tools or equipment in such a manner to prevent any damage,particularly to coating. Approved slings shall be used to lower the pipe.Under no circumstances shall pipe or accessories be dropped into the trench. Each section of pipe, before lowering into the trench, shall be examined for defects. Any defective, damaged or unsound pipe shall be rejected. B. The pipe,shall be laid true to line with no visible change in alignment at any joint unless curved alignment is shown on the plan,in which case the maximum deflection at any joint shall not exceed the manufacturer's recommendation for the type of pipe and joint being used. C. All piping joints shall be inaccordance with accepted best practice,and as detailed in the manufacturer's installation manual. Both joint surfaces shall be clean before joints are made. Materials used in pipe joints shall only be that furnished with the pipe or recommended by the manufacturer. D. Installation of all storm drain and sanitary sewer pipes in prepared trenches shall start at the lowest point with the spigot ends pointing in the direction of flow. 3.03 BRACING AND SHORING A. Bracing and shoring shall be in accordance with the City of Brentwood requirements. 3.04 PIPE BEDDING'AND BACKFILL FIRE STATION# 10 2955 TREAT BLVD CONCORD,CA JOB#20016-18B 02700/3 SITE UTILITIES SECTION 02700 A. Pipe bedding and backfill material.for on-site utilities shall be subject to the acceptance of the Geotechnical Engineer, and comply with Public Agency's requirements. B. Upon completion of bedding operations,and prior to the installation of pipe,Contractor shall notify the Geotechnical Engineer who will then inspect the bedding layer. Pipe laying shall not commence until'the Geotechnical Engineer has accepted the bedding.` 3.05 BACKFILLING (SPECIAL PROVISIONS) A. Backfilling for utility trenches andexcavationsshall consist of material placed one(1),foot above the top of.the pipe to finish subgrade. B. Backfill shall be placed in loose lifts not.exceeding eight,(8) inches in.thickness before compaction,and compacted by the use of pneumatic tampers or other mechanical means approved by the Geotechnical Engineer. Each layer shall be watered or dried,as required to bring the,soils near the optimum moisture content. Compaction equipment or,methods that produce horizontal or vertical earth pressures,which may cause excessive displacement or may damage the pipeline will not be permitted. Lifts of backfill material shall be compacted to not less than 90% of maximum dry density as determined by the procedure set forth in ASTM Designation D1557. The final eight inches (8") of backfill under pavement areas shall,•be compacted to not less than 95%compaction of minimum-dry density as determined by the procedure set forth in ASTM Designation D1557. Jetting or ponding of backfill material will not be permitted. In non-pavement areas backfill shall be compacted to not less than 90%compaction of minimum dry density as determined by the procedure set forth in ASTM Designation D 1557. C. Utility backfill shall be inspected and tested by the Geotechnical Engineer during placement. Contractor shall cooperate with the Geotechnical Engineer and shall provide working space for such tests in operations. Backfill not compacted in accordance with these specifications shall be recompacted or removed as necessary and replaced to' meet.the specified requirements, to the satisfaction of the Geotechnical Engineer prior to proceeding with the work. D. One year,guarantee. If, at any time during a period of one year dating from the date of final acceptance of the project,there should be any settlement of the trenches requiring repairs to be made, the"Owner may notify the Contractor to immediately make such,repairs at the .Contractor's expense. 3.06 TEMPORARY PAVING A. All trenches shall be backfilled daily with a minimum of 2 inches of temporary asphalt unless final paving can be completed. Temporary asphalt shall be placed within 1/4 - inch of finished pavement grades. Steel plates may be used to cover open trenches in lieu of backfill . and temporary asphalt as approved by City Engineer. END OF SECTION FIRE STATION# 10 2955 TREAT BLVD CONCORD,CA JOB#20016-18B 02700/4 J C.22 MAY 23, 2006 AN OVERSIZE MAP NOT SCANNED. ATTACHED TO THE BOARD ORDER.