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HomeMy WebLinkAboutMINUTES - 06032008 - C.5 TO: BOARD OF SUPERVISORS .��,•;% ���.� Contra _ FROM: JULIA R. BUEREN PUBLIC WORKS DIRECTOR Costa---�`•; = ` DATE: Jttne �, 2008 County SUBJECT: APPROVE plans and specifications, AWARD and AUTHORIZE the Public Works Director, or designee, to execute a contract to the lowest responsive and responsible bidder for the Goodrick Avenue Rehabilitation and Widening project, North Richmond area, (Di.strict I) Project No. 0662-6R4250-08. S111401:1C RE'QUEST(S)OR RLC'ONIMEND.ATION(S)&BACKGROUND AND.)USIIFICAIION RECOMMENDED ACTION: APPROVE plans and specifications; AWARD and AUTHORIZE the .Public Works Director, or designee, to execute a contract in the amount of $323,290 to MCK Services, Inc., the lowest responsive and responsible bidder for the Goodrick Avenue Rehabilitation and Widening project, .North Richmond area. (Measure C Funds) (District 1) FISCAL, IMPACT: - Project will be funded by Measure C Funds (100%). Continued oil Attachment: ❑ SIGNATURE: Le�.,.� ; CON11-MENDATION OF COUNTY AD1�11MsTRATOR El END ON OF BOARD CON11:n'rrEE APPROVE ❑ OTHER r SIGNATURE(S)- ACTION OF BOh/cONSIMENDEDA APPROVEDASOTHER ❑ OF SUPERVISORS I hereby certify that this is a true and correct copy of an action UNANIMOUS(ABSENT ) taken and entered on the minutes of the Board of Supervisors on AYES: NOES: the date shown. ABSENT: ABSTAIN: ATTESTED: e)(V,03 g (:i:'•.C'onsP•.BU`,_'OOti'•.6? Q8 Goodrick Ave Rehab and Widening Award.docs t JOHN CU TLEN, Clerk of the Board of Supervisors and County Urig.INN':Public Works(CUnStRICtion Division) Administrator C'ontacc Kcvin Fmigh(9251313-2233) c: Auditor-Controller F.KLIeVUI',(.:Ao County Counsel By-- _ Deputy Contractor Sut'rty SUBJECT: Award of Contract for Goodrick Avenue Rehabilitation and Widening,North Richmond area. (District I) Project No.0662-6R4250-08 DATE: June 3, 2008 PAGE: 2 of 3 REASONS FOR RECOMMENDATIONS AND BACKGROUND: The Public Works Department received bids from the following contractors: BiDDER TOTAL AMOUNT BOND AMOUNTS MCK Services, Inc. $323,290.60 Payment: $323,290.60 685 Howe Road. Perforniance: $323,290.60 Martinez, CA 94553 Bruce Carone Grading &Paving, Inc. Crockett, CA 94525 Ghilotti Constriction Company, Inc. Santa Rosa, CA 95404 W.R. Forde Associates Riclunond, CA 94801 Ghilotti Bros., Inc. San Rafael, CA 94901 Redgwick Construction Newark, CA 94560 Bay Cities Paving & Grading, Inc. Concord, CA 94524 The above-captioned project having been previously approved, and the plans and specifications having been prepared by, filed with, and approved by the Board of Supervisors, and bids having been duly invited and received by the Director of Public Works on April 29, 2008, and The general prevailing rates of wages, which shall be the minimum rates paid on this project, having been filed with the Clerk of the Board, and copies to be made available to any party upon request; and The Board of Supervisors having determined that the .project is exempt from the California Environmental Quality Act as a Class 1 Categorical Exemption, and a Notice of Exerliption having been filed with the County.Clerk on April 1.1, 2007; and The bidder listed first above, MCK Services, Inc., having submitted the lowest responsive and responsible bid, which is 515,463.40 less than the next lowest bid; and The Affirmative Action Officer having evaluated all of the documentation of the good faith effort to comply with the requirements of the County's Outreach Program; and The Director of Public Works recommending that the bid submitted by MCK Services, Inc. is the lowest responsive and responsible bid, and this Board concurring and so finding; NOW, THEREFORE, the Board finds, determines and orders as follows: SUBJECT: Award of Contract for Goodrick Avenue.Rehabilitation and Widening, North Richmond area. (District 1) Project No.0662-6R4250-08 DATE: June 3, 2008 PAGE: 3 of 3 The Board APPROVES the plans and specifications for the project; and The Board DETERMINES that NICK Services, Inc., as the lowest responsive and responsible bidder, has demonstrated an adequate good faith effort, pursuant to the specifications for this project, to comply with the requirements of the County's Outreach Program and FURTHER DETERMINES that MCK Services, Inc. has complied with the Mandatory Subcontracting Minimum; and The Board ORDERS that the contract for the furnishing of labor and materials for said;Work is awarded to MCK Services, Inc. at the listed amount and at the unit prices submitted in said bid, and that said contractor shall present two good and sufficient surety bonds as indicated above, and that the Director of Public Works shall prepare the contract therefore; and The Board FURTHER ORDERS that after the contractor has signed the contract and returned it, together with the bonds as noted above and any required certificates of insurance or other required documents, and the Director of Public Works has reviewed and found them to be sufficient, the Director of Public Works, or designee, is authorized to sign the contract for this Board; and The Board FURTHER ORDERS that in accordance with the project specifications and/or upon signature of the contract by the Director of Public Works, or designee, any bid bonds posted by the bidders are to be exonerated and any checks or cash submitted for security shall be returned; and The Board FURTHER ORDERS that the Director of Public Works, or designee is authorized to sign any escrow agreements prepared for this project to permit the direct payment of retentions into escrow or the substitution of securities for moneys withl-ield by the County to ensure performance under the contract, pursuant to Public Contract Code Section 22300; and Pursuant to Public Contract Code Section 4114, the Board DELEGATES its functions under Public Contract Code Sections 4107 and 4110 to the Director of Public Works, or designee; and Pursuant to Labor Code Section, 6705, the Board also DELEGATES to the Director of Public Works or to any registered civil or structural engineer employed by the County the authority to accept detailed plans showing the design of shoring, bracing, sloping or other provisions to be made for worker' rotection during ip trenchexcavation covered by that section; and The Board DECLARES that, should the award of the contract to MCK Services, Inc., be invalidated for any reason, the Board would not in any event have awarded the contract to any other Bidder, but instead would have exercised its discretion to reject all of the bids received. Nothing herein shall prevent the Board from re- awarding the contract to another bidder in cases where the 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). CONSEQUENCES OF NEGATIVE ACTION: The Goodrick Avenue Rehabilitation and Widening project would not be built. Contra Costa County ;.; MPubhc Works Julia R. Bueren. Director Deputy Directors D e p a r t m e n t R. Mitch Avalon. Brian M. Balbas Stephen Kowalewski•Patricia McNamee June 4, 2008 CERTIFIED MAIL 7000 1530 0003 7278 7051 Ms. Nancy Jackson MCK Services, Inc. 865 Howe Road, Suite B Martinez, CA 94553 Project Name: Goodrick Avenue Rehabilitation and Widening County Project No. 0662-6114250-08 Dear Ms. Jackson: Enclosed are the original and four copies of the referenced contract. Please follow the instructions in this letter as carefully and completely as possible. The contract, insurance certificates, and bonds are to be returned to: Contra Costa County Public Works Department Construction Division, Attn: J. Dowling 255 Glacier Drive Martinez, CA 94553 I. CONTRACT 1.The original and the four copies must be signed by two officers, one from each of the two following groups: a.(1) The board chairperson, or (2) The president, or (3) Any vice president. AND b.(1) The secretary, or (2) An assistant secretary, or (3) The chief financial officer, or (4) An assistant treasurer. 'Accredited by the American Public Works Association" 255 Glacier Drive Martinez,CA 94553-4825 TEL: (925)313-2000• FAX: (925)313-2333 www.cccpublicworks.org Page 2 of 5 2. If the signatures of the president (or vice president) and the secretary (or assistant secretary) appear, have the "Acknowledgment" on each copy completed by a Notary Public. 3. If the signatures of the president (or vice president) and secretary (or assistant secretary) do not appear, please submit a certified copy of a resolution of the board of directors authorizing the person(s) signing to execute such instruments, or a currently valid, notarized power of attorney. 4. Affix the corporate seal. 5. Return the original and the four copies to the above address. You will receive a fully executed copy for your file, together with the Notice to Proceed, as soon as the contract is approved by the Public Works Director. 6. Complete and return the enclosed W-9 form — ' Request for Taxpayer Identification Number and Certification". II. BONDS TO BE FURNISHED IN DUPLICATE: 1.Furnish a Faithful Performance Bond in the sum of $323,290.60. 2.Furnish a California Public Works Payment Bond in the sum of $323,290.60. 3. The contract date on the bonds shall be June. 3, 2008 as shown in Section 1, Line (See Sec. 2) of the contract. 4. The description of work on both bonds shall be exactly the same as the description in Section 1, Line (See Sec. 3) of the contract, as follows: Goodrick Avenue Rehabilitation and Widening Project No. 0662-61114250-08 5. The obligee on both bonds must be "Contra Costa County", as shown in Section 1, Line (See Sec. 2 and 3) of the contract. 6. If the bonding company is not a California corporation, provide a copy of the power-of-attorney showing the bonding company authorization of the California attorney-in-fact who executes the bond for the company. 7. The contractor is to sign both bonds and, if the firm is a corporation, the corporate seal is to be affixed over the signature on both documents. 8.The contractor's and bonding company agent's signatures on both bonds, and the signatures on the powers of attorney, must all be notarized. 9. Please give your bonding company the enclosed extra copy of this letter, a copy of the contract, and copies of the two enclosed bond forms to be used. 10. Send the original and one copy of each bond to: Page 3 of 5 Contra Costa County Public Works Department Construction Division, Attn: J. Dowling 255 Glacier Drive Martinez, CA 94553 III. INSURANCE - ALL INSURANCE CERTIFICATES ARE TO BE FURNISHED IN DUPLICATE (Special Provisions, Section 3-1.03, Insurance Requirements) A. Worker's Compensation - Pursuant to State Law, including Employer's Liability. B. Comprehensive or Commercial General Liability Insurance, including coverage for blanket contractual, owners' and contractors' protective and broad form property damage liability, with a minimum combined single limit coverage of $1,000,000.00 for all damages because of bodily injury, sickness, disease, or death to any person and damage to property including the loss of use thereof arising out of each accident or occurrence. C. Comprehensive Motor Vehicle Liability Insurance, including coverage for motor vehicles, owned, non-owned, leased or hired by or on behalf of the contractor with a minimum combined single limit of $1,000,000.00 for all damage because of bodily injury or death to any person and damages to property including loss of use thereof arising out of each accident or occurrence. 2 With Respect to Subcontractors' Operations: A. Worker's Compensation Insurance pursuant to State law; B. Comprehensive Motor Vehicle Liability Insurance, including coverage for motor vehicles, owned, non-owned, leased, or hired by or on behalf of the subcontractor with a minimum combined single limit coverage of $500,000.00 for all damages because of bodily injury or death to any person and damage to property including the loss of use thereof arising out of each accident or occurrence. 3. Additional Insurance Requirements. — Regarding Comprehensive or Commercial General Liability and Motor Vehicle Liability Insurance, the policy or policies and the riders attached thereto or the certificates for the policies or riders shall name Contra Costa County and the owners and occupants of the real property at the address listed in the Special Provisions, Section 6-1.01, Additional Insureds, page 106, and their respective officers, agents, employees, representatives, governing body, commissioners, and volunteers as additional insureds. All insurance policies shall include a provision for 30 days' written notice to Contra Costa County of cancellation or material change. 4. Form and Term of Insurance. - The insurance hereinabove specified shall be in the form satisfactory to Contra Costa County, shall be placed with an insurance company or companies authorized to transact business in the Page d of 5 State of California and satisfactory to Contra Costa County, and shall be kept in full force and effect until completion to the satisfaction of Contra Costa County and acceptance by Contra Costa County of all of the work to be performed by the Contractor under the Contract. 5. The address to be shown on the certificates and any endorsements is: Contra Costa County Public Works Department Construction Division 255 Glacier Drive Martinez, CA 94553 6. ' Please advise your insurance agent that "Contra Costa County" is the contracting Public Agency. 7. Include the following language on all of your insurance certificates, including the umbrella and both General & Motor Vehicle Liability Insurance Certificates. . "By endorsement to Policy No. insert policy numbers) , Contra Costa County and the owners and occupants of the real property at the address listed in the Special Provisions, Section 6-1.01, Additional Insureds, page 106, as additional insureds solely as respects the above (or "below") listed job, or ".....as respects the job described in this certificate". Whichever is applicable, The description on all of the certificates shall be: Goodrick Avenue Rehabilitation and Widening Project No. 0662-61114250-08 8. The certificates of insurance, including any umbrella and both General & Motor Vehicle Liability Insurance Certificate or endorsement, must state: "Contra Costa County, as an additional insured, is to be given at least thirty (30) days' notice prior to any cancellation or modification of the insurance." 9. Please give the enclosed extra copy of this letter to your insurance agent for his/her guidance in preparing the certificate(s) for your contract. (Insurance brokers that issue certificates of insurance and/or endorsements on behalf of the insurance companies must demonstrate to the satisfaction of the Agency that they are an authorized agent of the insurance company having the power to amend .the policies to conform to this contact's requirements.) 10. Send two copies of all of the insurance certificates and two copies of any required umbrella policy endorsement to: Contra Costa County Public Works Department Construction Division,.Attn: Janet Dowling 255 Glacier Drive Martinez, CA 94553 Page 5of5 If the foregoing items are not properly completed and returned, together with the five copies of the signed contract, by June 13, 2008, the contract may be awarded to another bidder. If this action is taken, any bid security you may have submitted will be forfeited. We will appreciate your careful and complete compliance with these instructions. If you have any questions, please call Janet Dowling or me immediately, at (925) 313-2330 or (925) 313-2233, respectively. Sincerely, Kevin ig Assis nt Pub orks Director Construction Division KE:jd:kg G:\Const\Projects&Misc\2008\Goodrick Avenue Rehabilitation and Widening\C37 Ltr-MCK.doc Enclosures: Contract(original and 4 copies) Two extra copies of this letter(one each for the bonding company and the insurance agent) Performance Bond and Payment Bond W-9 form c: Clerk of the Board Accounting N i a 1i+ c a BO � N a0 N r . ° tZ � $ Lo • � � � � Y V � O ra Y W iL t� r bG r x • N r pcc t.� • � � _"" N W a 'iC �r � W � � � r m +�� �y y ~ o to �� � � W Y•' y,� � d r� yt W W p N W N to • *'�' � O a � W r V cr 00 Q 0 N t i cfl t3 < '� y•• r �S '�1.� d aD 1 too V.V ZZ r :%Its Z ca '; 07 vmoi. 3: U.r r• CVO Uinn ON it Aw 00 o 00 � N in tett 110. 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N _J w W m 0 J awa Xn a 0 � � Z � Ww aN Q p 3 I ri w Y3 > _ U 0 o Of o V 6 g N U zz gd U� Inger C, gz � 1 et I O ,`n M ' rn Ul) I � i i 1 I I• I ' F M O 00 to N 00 N O 00 N O 00 ^I 00 y F w ztw Ua � z 0; F� wu�� 1 OUB b 3Ilk : 0 I ,c CG w al i z; � F _ 41 C�q a G " U � • M ,n O N I co I O ^�I iv N t N � NI! I � 1 I 1 + 6 N � � N C � N � .•- N � LO • 011 ; I Go " I J N� a r ^ i - � � a x LLJ io rn I o Mia I r• I 0 = ~ M � � t I i N O t0 d' N tD N ^0 t0 RI r yF CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT PROPOSAL AND CONTRACT FOR GOODRICK AVENUE REHABILITATION AND WIDENING PROJECT NO: 0662-6R4250-08 = ^�% O a�aa1111.111p%%s 1 FOR USE WITH STANDARD SPECIFICATIONS DATED MAY, 2006 AND STANDARD PLANS DATED MAY, 2006 OF THE CALIFORNIA DEPARTMENT OF TRANSPORTATION, AND GENERAL PREVAILING WAGE RATES AND APPLICABLE LABOR SURCHARGE AND EQUIPMENT RENTAL RATES, AS ON FILE WITH THE CLERK OF THE BOARD OF SUPERVISORS. BID OPENING DATE: April 29,2008 FOR PRE-BID INFORMATION CONTACT: Alex Anaya(925)313-2312 FOR PLAN HOLDER'S LIST: Visit the Design Division at the Public Works website, www.co.contra- costa.ca.us/depart/pw/(under"Contractor Info."), or call(925)313-2000. TABLE OF CONTENTS PROPOSAL .........................................:................................................... 1 SUBCONTRACT INFORMATION.................................................................. 6 TITLE 23 SECTION 112 NON-COLLUSION AFFIDAVIT..................................... 7 SIGNATURE OF BIDDER............................................................................ 8 SAMPLE BIDDER'S BOND.......................................................................... 9 LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR/SUPPLIER/MANUFACTURER/TRUCKER/SUBCONSULTANT.. 10 VERIFICATION OF PERFORMANCE SUBCONTRACTOR/SUPPLIER/MANUFACTURER/TRUCKER/SUBCONSULTANT.. 11 WARRANTY AND REPAIR AGREEMENT.................................................... 12 SAMPLECONTRACT.............................................................................. 13 SAMPLE PERFORMANCE BOND.............................................................. 18 SAMPLE PAYMENT BOND........................................................................ 19 To the Board of Supervisors of Contra Costa County Martinez, California PROPOSAL FOR GOODRICK AVENUE REHABILITATION AND WIDENING PROJECT NO: 0662-6R4250-08 Name of bidder Business address Mailing address Business Phone Fax Number Contact To the Board of Supervisors of Contra Costa County: The undersigned, as bidder, declares that the only persons or parties involved in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm or corporation; that he/she has carefully examined the location of the proposed work, plans and specifications; and he/she proposes and agrees, if this proposal is accepted, that he/she will contract with the Agency to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the contract, in the manner and time prescribed, and according to the requirements of the Engineer as therein set forth, and that he/she will take in full payment therefor an amount based on the unit prices specified hereinbelow for the various items of work, the total of said work as estimated herein being (Insert total) and the following being the unit prices bid,to wit: 1 Goodrick Avenue Rehabilitation and Widening Item Bid Item Description Unit Quantity Unit Price Total No. (In Figures) (In Figures) 1 Construction Area Signs L.S. 1 2 Traffic Control System L.S. i 3 Remove Chain Link Fence L.F. 110 4 Cold Plane Asphalt Concrete Pavement S.Y. 61 5 Clearing and Grubbing L.S. 1 6 Roadway Excavation (F) C.Y. 1,207 7 Imported Material (Shoulder Backing) TON 55 8 Aggregate Base (Class 2) TON 1,473 9 Hot Mix Asphalt (Type A, 1/2") TON 1,248 10 Geosynthetic Pavement Interlayer S.Y. 2,827 11 Base Failure Repair S.Y. 694 12 18" Reinforced Concrete Pipe (Class III) L.F. 34 13 18" Reinforced Concrete Pipe (Class V) L.F. 160 14 Survey Monument EA 1 15 Thermoplastic Traffic Stripe (Detail 2) L.F. 1,315 16 Thermoplastic Traffic Stripe (Detail 22) L.F. 96 17 Thermoplastic Traffic Stripe (Detail 27B) L.F. 2,747 18 Thermoplastic Traffic Stripe (12" White) L.F. 25 19 Thermoplastic Pavement Marking S.F. 22 Total 2 The work for which this proposal is submitted is for construction in conformance with the special provisions (including the payment of not less than the State general prevailing wage rates or Federal minimum wage rates), the project plans, including any addenda thereto, the contract annexed hereto, and also in conformance with the California Department of Transportation Standard .Plans, dated May, 2006, the Standard Specifications, dates May, 2006, and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished. Bids are to be submitted for the entire work. The amount of the bid for comparison purposes will be the total of all items. The bidder shall set forth for each unit basis item of work a unit price and a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for that purpose. In the case of unit basis items, the amount set forth under the "Item Total"column shall be the product of the unit price bid and the estimated quantity for the item. In case of discrepancy between the unit price and the total set forth for a unit basis item,the unit price shall prevail,except as provided in(a)or(b),as follows: (a) If the amount set forth as a unit price is unreadable or otherwise unclear,.or is omitted, or is the same as the amount as the entry in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price; (b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the entered total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentagewise the unit price or item total in the Agency's Final Estimate of cost. If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular. Likewise if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted,the bid may be deemed irregular unless the project being bid has only a single item and a clear,readable total bid is provided. Symbols such as commas and dollar signs will be ignored and have no mathematical significance in establishing any unit price or item total or lump sums. Written unit prices, item totals and lump sums will be interpreted according to the number of digits and, if applicable, decimal placement. Cents symbols also have no significance in establishing any unit price or item total since all figures are assumed to be expressed in dollars and/or decimal fractions of a dollar. Bids on lump sum items shall be item totals only; if any unit price for a lump sum item is included in a bid and it differs from the item total,the items total shall prevail. The foregoing provisions for the resolution of specific irregularities cannot be so comprehensive as to cover every omission, inconsistency, error or other irregularity which may occur in a bid. Any situation not specifically provided for will be determined in the discretion of the Agency, and that discretion will be exercised in the manner deemed by the Agency to best protect the public interest in the prompt and economical completion of the work.. The decision of Agency respecting the amount of a bid, or the existence or treatment of an irregularity in a bid, shall be final. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of said terms of said proposal conflicting herewith. By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation 3 or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. The improvement contemplated in the performance of this contract is an improvement over which the State of California shall exercise general supervision. The State of California, therefore, shall have the right to assume full and direct control over this contract whenever the State of California, at its sole discretion, shall determine that its responsibility to the United States so requires. It is understood and agreed that the quantities of work under each item are approximate only, being given for a basis of comparison of proposal, and the right is reserved to the Agency to increase or decrease the amount of work under any item as may be required, in accordance with provisions set forth in the specifications for this project. It is further understood and agreed that the total amount of money set forth for each item of work or as the total amount bid for the project, does not constitute an agreement to pay a lump sum for the work unless it specifically so states. It is hereby agreed that the undersigned, as bidder, shall furnish a Payment Bond in an amount equal to one hundred percent of the total amount of this proposal and a Faithful Performance Bond to be one hundred percent of the total amount of this proposal, to the Agency and at no expense to said Agency, executed by a responsible surety acceptable to said Agency in the event that this proposal is accepted by said Agency. If this proposal shall be accepted and the undersigned shall fails to contract as aforesaid and to give the two bonds in the sums to be determined as aforesaid, with surety satisfactory to the Board of Supervisors and proper evidence of insurance in accordance with the contract requirements within eight (8) days, not including Saturdays, Sundays, and legal holidays, after the bidder has received notice from the public agency that the contract is ready for signature, the Board of Supervisors may, in its discretion, award the contract to the next highest bidder and declare the successful bidder's security forfeited, as provided in Public Contract Code section 5106. 4 PROPOSAL All good faith effort documentation must be submitted with the bid or within two (2) working days following the bid opening. Failure to submit the required good faith effort documentation within two (2) working days following the bid opening may render the bid non-responsive. The bidder is required to subcontract the following minimum percentage of its bid: Mandatory Subcontracting 24 % Minimum (MSM) Requirement NOTE: Outreach Program information and/or assistance may be obtained through the County's Affirmative Action Office at (925) 335-1045. *The MSM percentage figure will vary from project to project depending upon staffs determination of the amount of work appropriate for subcontracting, the availability of subcontractors, and other pertinent factors. Engineer to determine this percentage on a project by project basis. The contractor agrees, by submission of this proposal, to conform to the requirements of Section 4100 through 4113 of the Public Contract Code. The undersigned, as bidder, declares that he/she has not accepted any bid from any subcontractor or supplier through any bid depository, the by-laws, rules or regulations of which prohibit or prevent the contractor from considering any subcontractor or supplier which is not processed through said bid depository, or which prevent any subcontractor or supplier from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository. The following is a complete list of items to be subcontracted, including the subcontractor's name and address, as required. If a portion of any item of work is done by a subcontractor, the value of the work subcontracted will be based on the estimated cost of such portion of the contract item, determined from information submitted by the contractor, subject to approval by the engineer. Contra Costa County requires that all subcontractor information shall be submitted at the time of bid opening,no time extension will be allowed to submit this information per Assembly Bill 1092. The Bidder shall list each subcontractor to whom the Bidder proposes to subcontract any item of work, or portion thereof, in excess of one-half of one percent (.50%) of the total bid or $10,000, whichever is greater in accordance with the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code. 5 0 - o� G � � V cls r' �U v o � U top P dl 0 o r ea 0 y pa � J y to v 40 a� U � � U O o � o O N c�l� M •�a+ o i� G fl d � � R OA NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID being first duly sworn,deposes and says (Name) that he or she is of (Title,position in Company) (Name of Company) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in A false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid,or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix overhead, profit, or cost element of the bid price, or that of any other bidder, or to secure any advantage against the public'body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and , further, that the bidder has not, directly or indirectly, submitted his order bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid,and will not pay,any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid." (Signature of Bidder) State of California ) ACKNOWLEDGEMENT(By Individual,Partnership or County of )Ss Corporation) The person(s) signing above for , known to me individual and business capacities as stated, personally appeared before me today and acknowledged that he/she/they executed it and acknowledged to me that the partnership named above executed it or acknowledged to me that the corporation named above executed it pursuant to its bylaws or a resolution of its board of directors. Dated: Signature: Name(Typed or Printed) (This area for official notarial seal) ,7 For bids exceeding $25,000, accompanying this proposal is a Proposal Guaranty in the amount of Ten 10) Percent of Amount Bid (Cashier's Check, Certified Check or Bidder's Bond acceptable) The names of all persons interested in the foregoing proposal as principals are as follows: IMPORTANT NOTICE If the bidder or other interested person is a corporation, state legal name of corporation, also names of president, secretary,treasurer, and manager thereof. If a copartnership, state true name of firm. If bidder or other interested person is an individual, state first and last name in full. Licensed to do or subcontract all classes of work involved in the project, in accordance with an act providing for the registration of contractors, License No. Class: (Expires ). By my signature on this proposal I certify, under penalty of perjury under the laws of the State of California,that the foregoing information is true and correct. Date: (Signature of Bidder) Business address Place of residence Date 20 8 SAMPLE BID BOND Bond No. KNOW ALL BY THESE PRESENTS: That we, , as Principal, and , a corporation organized and existing under the laws of the State of and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto , as Obligee, in the sum of Ten Percent (10%) of the amount of the bid Dollars lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the Principal has submitted a bid for (Project Name) (Project Number) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid and give bond with good and sufficient surety for the faithful performance of such contract, or in the event of the failure of the Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the difference, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which Obligee may legally contract with another party to perform the work covered by said bid, if the latter amount be in excess of the former, then this obligation shall be null and void, otherwise to remain in full force and effect. SIGNED AND SEALED,this day of , 20_ (SEAL) (SEAL) (Principal) (Surety) By: (Signature) (Signature) (SEAL AND ACKNOWLEDGMENT OF NOTARY) 9 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 1 SUPPLIER 1 MANUFACTURER i TRUCKER/SUBCONSULTANT Name of Prime Contractor Name of Project Project Number The undersigned is a(check one): Sole proprietorship Corporation Limited Liability Partnership Joint Venture Check the following which may apply. MBE WBE SBE LBE Subcontractor _ Subcontractor _ Subcontractor _ Subcontractor Supplier _ Supplier Supplier _ Supplier Manufacturer _ Manufacturer _ Manufacturer _ Manufacturer Trucker — Trucker ` Trucker _ Trucker _ Other _ Other _ Other _ Other Describe Describe Describe Describe None of the Above Apply The undersigned is prepared to perform the following described work in connection with the above project (specify in detail the particular work items or parts thereof to be performed): Total Amount Bid to Prime Contractor: $ Signature Position Title Date Name of Person Completing this Form Company Name Phone Number Fax Number 10 Contra Costa County OUTREACH PROGRAM Affirmative Action Office 651 Pine Street,Martinez, CA 94553 (925)335-1045 Fax(925)646-1353 VERIFICATION OF PERFORMANCE SUBCONTRACTOR/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 Subcontractor _ Subcontractor _ Subcontractor _ Subcontractor _ Supplier _ Supplier _ Supplier _ Supplier _ Manufacturer _ Manufacturer _ Manufacturer _ Manufacturer Trucker _ Trucker _ Trucker _ Trucker Sub Consultant _ Sub Consultant _ Sub Consultant _ Sub Consultant _ Other _ Other _ Other _ Other Describe Describe Describe Describe None of the Above Apply 6. The undersigned has performed the following described work in connection-with the above project (specify in detail the particular work items or parts that were performed): 7. Total Bid to Prime Contractor or Consultant: $ 8. Total Amount Received: $ 9. Explain any difference between lines#7 and#8 by attaching a written explanation. 10. Signature Position/Title Date IL Name of Person Completing this Form 12. ( ) Company Name Phone Number L__) FAX Number I1 WARRANTY AND REPAIR AGREEMENT To (Agency): The undersigned agrees to repair and/or replace all improvements installed as part of (Insert Project Name) (Insert Project Number) Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work of any part thereof fail to operate properly as originally intended and in accordance with the plans and specifications, due to any of the above causes, for a period of 12 months after date on which the contract work is accepted by the Agency. The undersigned also agrees to reimburse the Agency, upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, if such work is performed by the Agency. Alternatively, upon demand by the Agency, the undersigned further agrees to replace any such material and to repair said work completely without cost to the Agency so that said work will function successfully as originally contemplated. The Agency shall have the unqualified option to make any needed replacements or repairs itself or to have such replacements or repairs done by the undersigned. In the event the Agency elects to have such work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the Agency. If the undersigned shall fail or refuse to comply with his obligations under this agreement, the Agency shall be entitled to all costs and expenses, including attorneys' fees, reasonably incurred by reason of the said failure or refusal. The warranty period on the replaced materials or repaired defects shall commence, for a separate period of 12 months, beginning on the date the repair work is accepted by the Agency. In no event will the warranty period extend beyond three (3) years from the date the original contract work is accepted by the Agency. - . All Opticom (or equal) components shall be guaranteed in accordance with the manufacturer's warranty, which shall start after successful completion of the function test. All equipment for the Submaster shall be guaranteed for a period of three(3)years from the date the contract work is accepted by the Agency. (Company Name) (Authorized Signature) (Print Name) Date: G:\GrpData\Design\CTSPPC\PROPOSAL\MAtNT.doc 7/30/98 12 SAMPLE CONTRACT(Page 1 of 4) (Contra Costa County Standard Form Construction Agreement) 1.SPECIAL TERMS. These special terms are incorporated below by reference. (See Secs.2,3) Parties: Public Agency-- Contra Costa County Contractor— Use complete legal name of Contractor. Effective Date: (see Section 4 for starting date.) (See Sec.3) Project Name Proj.No. located The work consists of all in accordance with the Plans,Drawings,Special Provisions and/or Specifications prepared by or for the Public Works Director/Chief Engineer(cross out one)and in accordance with the accepted Bid Proposal (See Sec.4) Completion Time: ((DELETE ONE OF THE FOLLOWING STATEMENTS.)) (a) By (b) Within working/calendar((circle the appropriate word))days from starting date. (See Sec.5) Liquidated Damages: $ per calendar day. (See Sec.6) Public Agency's Agent: (See Sec.7) Contract Price: $ more or less, in accordance with finished quantities at unit bid prices. ((DELETE TEXT if not unit price bid.)) (See Sec.8) Federal Taxpayer's I.D.or Social Security No. 2. SIGNATURES&ACKNOWLEDGEMENT. Public Agency,By: Maurice M.Shiu, Public Works Director Contractor, hereby also certifying awareness of and compliance with Labor Code Sections 1861 and 3700 concerning Workers' Compensation Law, By: (Designate official capacity in the business) By: (Designate official capacity in the business) Note to Contractor: For corporations,the contract must be signed by two officers. The first signature must be that of the chairman of the board, president or vice president;the second signature must be that of the secretary,assistant secretary,chief financial officer or assistant treasurer. (Civil Code,Section 1190 and Corporations Code,Section 313.) The acknowledgment below must be signed by a Notary Public. 13 CERTIFICATE OF ACKNOWLEDGMENT State of California ) ss. County of On before me, (here insert name and title of the officer),personally appeared personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. Dated: (Notary's Seal) (Notary Public) 14 3.WORK CONTRACT.CHANGES. (a) By their signatures in Section 2,effective on the above date,these parties promise and agree as set forth in this contract,incorporating by these references the material in Section 1,SPECIAL TERMS. (b) Contractor shall,at his own cost and expense,and in a workmanlike manner,fully and faithfully perform and complete the work;and will fumish all materials, labor, services and transportation necessary, convenient and proper in order fairly to perform the requirements of this contract, all strictly in accordance with the Public Agency's plans,drawings and specifications and in accordance with the accepted bid proposal. (c) The work can be changed only with Public Agency's prior written order specifying such change and its cost agreed to by the parties;and the Public Agency shall never have to pay more than specified in Section 7,PAYMENT,without such an order. 4. TIME; NOTICE TO PROCEED. Contractor shall start this work as directed in the specifications or the Notice to Proceed;and shall complete it as specified in Section 1,SPECIAL TERMS. 5. LIQUIDATED DAMAGES. If the Contractor fails to complete this contract and this work within the time fixed therefor,allowance being made for contingencies as provided herein,he becomes liable to the Public Agency for all its loss and damage therefrom;and because,from the nature of the case,it is and will be impracticable and extremely difficult to ascertain and fix the Public Agency's actual damage from any delay in performance hereof,it is agreed that Contractor will pay as liquidated damages to the Public Agency the reasonable sum specified in Section 1,SPECIAL TERMS,the result of the parties' reasonable endeavor to estimate fair average compensation therefor,for each calendar day's delay in finishing said work;and if the same be not paid,Public Agency may,in addition to its other remedies,deduct the same from any money due or to become due Contractor under this contract. If the Public Agency for any cause authorizes or contributes to a delay,suspension of work or extension of time,its duration shall be added to the time allowed for completion,but it shall not be deemed a waiver nor be used to defeat any right of the Agency to damages for non-completion or delay hereunder. Pursuant to Government Code Section 4215,the Contractor shall not be assessed liquidated damages for delay in completion of the work,when such delay was caused by the failure of the Public Agency or the owner of a utility to provide for removal or relocation of existing utility facilities. 6. INTEGRATED DOCUMENTS. The plans, drawings and specifications or special provisions of the Public Agency's call for bids, and Contractor's accepted bid for this work are hereby incorporated into this contract;and they are intended to cooperate,so that anything exhibited in the plans or drawings and not mentioned in the specifications or special provisions,or vice versa,.is to be executed as if exhibited,mentioned and set forth in both,to the true intent and meaning thereof when taken all together;and differences of opinion concerning these shall be finally determined by Public Agency's Agent specified in Section 1,SPECIAL TERMS. 7. PAYMENT. (a) For his strict and literal fulfillment of these promises and conditions,and as full compensation for all this work,the Public Agency shall pay the Contractor the sum specified in Section 1,SPECIAL TERMS,except that in unit price contracts that payment shall be for finished quantities at unit bid prices. (b) On or about the first of each calendar month,the Contractor shall be paid for all work done through the 15th of the preceding calendar month,as determined by Public Agency, minus 10%thereof pursuant to Public Contract Code Section 9203,but not until defective work and materials have been removed,replaced,and made good. 8.PAYMENTS WITHHELD. (a) The Public Agency or its Agent may withhold any payment,or because of later discovered evidence nullify all or any certificate for payment,to such extent and period of time only as may be necessary to protect the Public Agency from loss because of: (1) Defective work not remedied,or uncompleted work,or (2) Claims filed or reasonable evidence indicating probable filing,or (3) Failure to properly pay subcontractors or for material or labor,or (4) Reasonable doubt that the work can be completed for the balance then unpaid,or (5) Damage to another contractor,or (6) Damage to the Public Agency,other than damage due to delays. (b) The Public Agency shall use reasonable diligence to discover and report to the Contractor,as the work progresses,the materials and labor which are not satisfactory to it,so as to avoid unnecessary trouble or cost to the Contractor in making good any defective work or parts. (c) 35 calendar days after the Public Agency files its notice of completion of the entire work,it shall issue a certificate to the Contractor and pay the balance of the contract price after deducting all amounts withheld under this contract,provided the contractor shows that all claims for labor and materials have been paid,no claims have been presented to the Public Agency based on acts or omissions of the Contractor,and no liens or withhold notices have been filed against the work or site. and provided there are not reasonable indications of defective or missing work or of late-recorded notices of liens or claims against Contractor. 9. INSl1ltANC (Labor Code Secs. 1860-61) On signing this contract,Contractor must give Public Agency (1) a certificate of consent to self- insure issued by the Director of Industrial Relations,or (2) a certificate of Workers'Compensation insurance issued by an admitted insurer,or (3) an exact copy of duplicate thereof certified by the Director or the insurer. Contractor is aware of and complies with Labor Code Section 3700 and the Workers' Compensation Law. 10. BONDS. On signing this contract Contractor shall deliver to Public Agency for approval good and sufficient bonds with sureties,in amount(s) specified in the specifications or special provisions, guaranteeing his faithful performance of this contract and his payment for all labor and materials hereunder. SAMPLE CONTRACT(Page 2 of 4) 15 11. FAILURE TO PERFORM. If the Contractor at anytime refuses or neglects,without fault of the Public Agency or its agent(s),to supply sufficient materials or workmen to complete this agreement and work as provided herein, for a period of 10 days or more after written notice thereof by the Public Agency,the Public Agency may famish same and deduct the reasonable expenses thereof from the contract price. 12. LAWS APPLY. General. Both parties recognize the applicability of various federal,state,and local laws and regulations,especially Chapter I of Part 7 of Division 2 of the Labor Code(beginning with Section 1720,and including Sections 1735,1777.5,and 1777.6 forbidding discrimination). The parties specifically stipulate that the relevant penalties and forfeitures provide in the Labor Code,especially in Sections 1775 and 1813 concerning prevailing wages and hours,as well as Section 1776 concerning certified payroll records,shall apply to this agreement. 13. SUBCONTRACTORS. Public Contract Code Sections 41004114 are incorporated herein. 14. WAGE RATES. (a) Pursuant to Labor Code Section 1773,the Director of the Department of Industrial Relations has ascertained the general prevailing rates of wages per diem,and for holiday and overtime work,in the locality in which this work is to be performed,for each craft,classification,or type of workman needed to execute this contract,and said rates are as specified in the call for bids for this work and are on file with the Public Agency,and are hereby incorporated herein. (b) This schedule of wages is based on a working day of 8 hours unless otherwise specified;and the daily rate is the hourly rate multiplied by the number of hours constituting the working day. When less than that number of hours are worked,the daily wage rate is proportionately reduced,but the hourly rate remains as stated. (c) The Contractor,and all his subcontractors, must pay at least these rates to all persons of this work, including all travel,subsistence, and fringe benefit payments provided for by applicable collective bargaining agreements. All skilled labor not listed above must be paid at least the wage scale established by collective bargaining agreement for such labor in the locality where such work is being performed. If it becomes necessary for the Contractor or any subcontractor to employ any person in a craft,classification or type of work(except executive,supervisory,administrative,clerical or other non-manual workers as such)for which no minimum wage rate is specified,the Contractor shall immediately notify the Public Agency which shall apply from the time of the initial employment of the person affected and during the continuance of such employment. 15. HOURS OF LABOR. Eight hours of labor in one calendar day constitutes a legal day's work,and no workman employed at any time on this work by the Contractor or by any subcontractor shall be required or permitted to work longer thereon except as provided in Labor Code Sections 1810-1815. 16. APPRENTICES. Properly indentured apprentices may be employed on this work in accordance with Labor Code Sections 1777.5 and 1777.6, forbidding discrimination. 17. DESIRE TO PROMOTE ECONOMY OF CONTRA COSTA. The Public Agency desires to promote the industries and economy of Contra Costa county,and the Contractor therefore is encouraged to use the products,workmen,laborers and mechanics of this County in every case where the price,fitness and quality are equal. 18. ASSIGNMENT. The agreement binds the heirs,successors,assigns,and representatives of the Contractor;but he cannot assign it in whole or in part,nor any monies due or to become due under it,without the prior written consent of the Public Agency and the Contractors surety or sureties,unless they have waived notice of assignment. 19. NO WAIVER BY PUBLIC AGENCY. Inspection of the work and/or materials,or approval of work and/or materials inspected,or statement by any officer,agent or employee of the Public Agency indicating the work or any part thereof complies with the requirements of payments therefor,or any combination of these acts, shall not relieve the Contractor of his obligation to fulfill this contract as prescribed; nor shall the Public Agency be thereby estopped from bringing any action for damages or enforcement arising from the failure to comply with any of the terms and conditions hereof. 20. HOLD HARMLESS&INDEMNIFICATION (a) Contractor promises to and shall defend,indemnify,save,and hold harmless the indemnitees from the liabilities as defined in this section. (b) The indemnitees benefitted 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 Section 6-1.01, "Additional Insureds", of the Special Provisions. (c) The liabilities protected against are any and all claims,demands,causes of action,damages,costs,expenses,actual attorneys'fees,losses, or liabilities arising out of or in connection with the actions defined below for personal injury,sickness,disease,emotional injury,death,property damage(including loss of use),trespass,nuisance,inverse condemnation,patent infringement,or any combination of these,regardless of whether or not such liability, claim, or damage was foreseeable at any time before the Public Agency approved the improvement plans or accepted the improvements as completed,and including the defense of any suit(s)or action(s)at law or equity concerning these. (d) The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this contract and attributable to the Contractor, subcontractor(s), supplier(s), trucker(s), anyone for whose acts the Contractor may be liable, or any officer(s), agent(s)or employee(s)of one or more of them. (e) 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 or has insurance or other indemnification covering any of these matters. (1) Except as prohibited by Civil Code Section 2782,the Contractor's obligations under this section shall exist regardless of the existence or degree of fault of the Public Agency or any indemnitee. SAMPLE.CONTRACT(Page 3 of 4) 16 (g) The Contractor's obligations under this section shall extend to claims arising atter the work is completed and accepted if the claims are related to alleged acts or omissions that occurred during the course of the work. Public Agency's inspection is not a waiver of full compliance with these requirements. (h) The Contractor and the Contractor's insurance carrier(s)shall respond within 15 days to the tender of any claim for defense and indemnity by the Public Agency,unless this time has been extended by the Public Agency. (1) With respect to third-party claims against the Contractor, the Contractor waives all rights of any kind to express or implied indemnity against the indemnitees. 6) Nothing in this section is intended to establish a standard of care owed to any third party or to extend to any third party the status of a third- party beneficiary. 21. EXCAVATION. Contractor shall comply with the provisions of Labor Code Section 6705, if applicable, by submitting to Public Agency a detailed plan showing the design of shoring,bracing,sloping,or other provisions to be made for worker protection from the hazard of caving ground during trench excavation. 22. RECORD RETENTION. Except for records delivered to Public Agency, Contractor shall retain, for a period of at least five years after Contractor's receipt of the final payment under this contract, all records prepared in the performance of this contract or otherwise pertaining to the work, including without limitation bidding,financial and payroll records. Upon request by Public Agency,Contractor shall make such records available to Public Agency,or to authorized representatives of the state and federal governments,at no additional charge and without restriction or limitation on their use. 23. CONFLICT WITH BID. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this contract and the bid or proposal of said Contractor,then this contract shall control and nothing herein shall be considered as an acceptance of said terms of said proposal conflicting herewith. 24. USE OF PRIVATE PROPERTY. Contractor shall not use private property for any purpose in connection with the work absent a prior,written agreement with the affected property owner(s). \tt FORM APPROVED by County Counsel. (CC-1;Rev.3-95) G:\Design\CTSPEC\PROPOSAL\.samcontr-DRAFT.doc 5/1101 SAMPLE CONTRACT(Page 4 of 4) 17 SAMPLE PERFORMANCE BOND --PUBLIC WORK Bond No. Premium Any claim under this Bond should be sent to the following address: KNOW ALL BY THESE PRESENTS: That we, as Principal, and a corporation organized and existing under the laws of the State of_ and authorized to transact surety business in the State of California, as Surety,are held and firmly bound unto 'as Obligee,in the sum of Dollars($ ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION of the above obligation is such that, whereas the Principal has entered into a contract dated , with the Obligee to do and perform the following work, to- wit: as is more specifically set forth in the contract documents, reference to which is hereby made. NOW THEREFORE, if the Principal shall well and truly perform all the requirements of said contract documents required to be performed on its part, at the times and in the manner specified therein, then this obligation shall be null and void, otherwise it shall remain in full force and effect. PROVIDED, that any alterations in the work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said contract documents, shall not in any way release the Principal or the Surety thereunder, nor shall any extensions of time granted under the provisions of said contract documents release either the Principal or the Surety, and notice of such alterations or extensions of time is hereby waived by the Surety. PROVIDED, that if any action is commenced on this bond by the Obligee, in addition to the sum specified above,the Principal and the Surety,their heirs, executors, administrators, successors and assigns,jointly and severally, shall be obligated to pay to the Obligee all costs, attorney's fees and other litigation expenses incurred by the Obligee in collecting monies due under the terms of this bond. SIGNED AND SEALED, this day of (SEAL) (SEAL) (Principal) (Surety) By: (Signature) (Signature) (SEAL AND ACKNOWLEDGMENT OF NOTARY) g:\grpdata\design\ctspec\proposal\perfbnd.doc 18 SAMPLE PAYMENT BOND--PUBLIC WORK [Civ. Code Secs. 3247- 32481 Bond No. Premium Any claim under this Bond should be sent to the following address: KNOW ALL BY THESE PRESENTS: That we, ,as Principal, and a corporation organized and existing under the laws of the State of and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto , as Obligee, in the sum of Dollars ($ ) lawful money of the United States of America, for the payment of which sum well and truly to be made,we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION of the above obligation is such that, whereas the Principal has entered into a contract dated , with the Obligee to do and perform the following work,to-wit: as is more specifically set forth in the contract documents,reference to which is hereby made. NOW THEREFORE, if the Principal or a subcontractor fails to pay any of the persons named in Section 3181 of the Civic Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, the Surety will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a reasonably attorney's fee, to be fixed by the court. This bond shall ensure to the benefit of any of the persons named in Section 3181 of the Civic Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. SIGNED AND SEALED,this day of (SEAL) (SEAL) (Principal) (Surety) By: (Signature) (Signature) (SEAL AND ACKNOWLEDGMENT OF NOTARY) 19 CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT PROPOSAL AND CONTRACT FOR GOODRICK AVENUE REHABILITATION AND WIDENING PROJECT NO: 0662-6R4250-08 % Z. r� coli FOR USE WITH STANDARD SPECIFICATIONS DATED MAV, 2006 AND STANDARD PLANS DATED MAY, 2006 OF THE CALIFORNIA DEPARTMENT OF TRANSPORTATION, AND GENERAL PREVAILING WAGE RATES AND APPLICABLE LABOR SURCHARGE AND EQUIPMENT RENTAL RATES, AS ON FILE WITH THE CLERK OF TME BOARD OF SUPERVISORS. BID OPENING DATE: April 29,2008 FOR PRE-1311)INFORMATION CONTACT:Alex Anaya(925)313-2312 FOR PLAN HOLDER'S LIST: Visit the Design Division at the Public Works website, www.co.contra- costa.ca.us/depart/pw/(under"Contractor Info."), or call(925)313-2000. TABLE OF CONTENTS PROPOSAL ............................................................................................. 1 SUBCONTRACT INFORMATION.................................................................. 6 TITLE 23 SECTION 112 NON-COLLUSION AFFIDAVIT..................................... 7 SIGNATURE OF BIDDER............................................................................ 8 SAMPLE BIDDER'S BOND.......................................................................... 9 LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR/SUPPLIER/MANUFACTURER/TRUCKER/SUBCONSULTANT.. 10 VERIFICATION OF PERFORMANCE SUBCONTRACTOR/SUPPLIER/MANUFACTURER/TRUCKER/SUBCONSULTANT.. 11 WARRANTY AND REPAIR AGREEMENT.................................................... 12 SAMPLE CONTRACT.............................................................................. 13 SAMPLE PERFORMANCE BOND................................................................ 18 SAMPLE PAYMENT BOND........................................................................ 19 To the Board of Supervisors of Contra Costa County Martinez, California PROPOSAL FOR GOODRICK AVENUE REHABILITATION AND WIDENING PROJECT NO: 0662-6R4250-08 Name of bidder Business address Mailing address Business Phone Fax Number Contact To the Board of Supervisors of Contra Costa County: The undersigned, as bidder, declares that the only persons or parties involved in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm or corporation; that he/she has carefully examined the location of the proposed work, plans and specifications; and he/she proposes and agrees, if this proposal is accepted, that he/she will contract with the Agency to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the contract, in the manner and time prescribed, and according to the requirements of the Engineer as therein set forth, and that he/she will take in full payment therefor an amount based on the unit prices specified hereinbelow for the various items of work, the total of said work as estimated herein being (Insert total) and the following being the unit prices bid,to wit: 1 Goodrick Avenue Rehabilitation and Widening Item Bid Item Description Unit Quantity Unit Price Total No. (In Figures) (In Figures) 1 Construction Area Signs L.S. 1 2 Traffic Control System L.S. 1 3 Remove Chain Link Fence L.F. 110 4 Cold Plane Asphalt Concrete Pavement S.Y. 61 5 Clearing and Grubbing L.S. 1 6 Roadway Excavation (F) C.Y. 1,207 7 Imported Material (Shoulder Backing) TON 55 8 Aggregate Base (Class 2) TON 1,473 9 Hot Mix Asphalt (Type A, 1/2") TON 1,248 10 Geosynthetic Pavement Interlayer S.Y. 2,827 11 Base Failure Repair S.Y. 694 12 18" Reinforced Concrete Pipe (Class III) L.F. 34 13 18" Reinforced Concrete Pipe (Class V) L.F. 160 14 Survey Monument EA 1 15 Thermoplastic Traffic Stripe (Detail 2) L.F. 1,315 16 Thermoplastic Traffic Stripe (Detail 22) L.F. 96 17 Thermoplastic Traffic Stripe (Detail 27B) L.F. 2,747 18 Thermoplastic Traffic Stripe (12" White) L.F. 25 19 Thermoplastic Pavement Marking S.F. 22 Total 2 The work for which this proposal is submitted is for construction in conformance with the special provisions (including the payment of not less than the State general prevailing wage rates or Federal minimum wage rates), the project plans, including any addenda thereto, the contract annexed hereto, and also in conformance with the California Department of Transportation Standard Plans, dated May, 2006, the Standard Specifications, dates May, 2006, and the Labor Surcharge and Equipment Rental Rates in effect on the date the work is accomplished. Bids are to be submitted for the entire work. The amount of the bid for comparison purposes will be the total of all items. The bidder shall set forth for each unit basis item of work a unit price and a total for the item, and for each lump sum item a total for the item, all in clearly legible figures in the respective spaces provided for that purpose. In the case of unit basis items, the amount set forth under the "Item Total"column shall be the product of the unit price bid and the estimated quantity for the item. In case of discrepancy between the unit price and the total set forth for a unit basis item,the unit price shall prevail, except as provided in(a)or(b),as follows: (a) If the amount set forth as a unit price is unreadable or otherwise unclear,.or is omitted, or is the same as the amount as the entry in the item total column, then the amount set forth in the item total column for the item shall prevail and shall be divided by the estimated quantity for the item and the price thus obtained shall be the unit price; (b) (Decimal Errors) If the product of the entered unit price and the estimated quantity is exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc. from the entered total, the discrepancy will be resolved by using the entered unit price or item total, whichever most closely approximates percentagewise the unit price or item total in the Agency's Final Estimate of cost. If both the unit price and the item total are unreadable or otherwise unclear, or are omitted, the bid may be deemed irregular. Likewise if the item total for a lump sum item is unreadable or otherwise unclear, or is omitted,the bid may be deemed irregular unless the project being bid has only a single item and a clear,readable total bid is provided. Symbols such as commas and dollar signs will be ignored and have no mathematical significance in establishing any unit price or item total or lump sums. Written unit prices, item totals and lump sums will be interpreted according to the number of digits and, if applicable, decimal placement. Cents symbols also have no significance in establishing any unit price or item total since all figures are assumed to be expressed in dollars and/or decimal fractions of a dollar. Bids on lump sum items shall be item totals only; if any unit price for a lump sum item is included in a bid and it differs from the item total,the items total shall prevail. The foregoing provisions for the resolution of specific irregularities cannot be so comprehensive as to cover every omission, inconsistency, error or other irregularity which may occur in a bid. Any situation not specifically provided for will be determined in the discretion of the Agency, and that discretion will be exercised in the manner deemed by the Agency to best protect the public interest in the prompt and economical completion of the work.. The decision of Agency respecting the amount of a bid, or the existence or treatment of an irregularity in a bid, shall be final. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid or proposal of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of said terms of said proposal conflicting herewith. By my signature hereunder, as Contractor, I certify that I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation 3 or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. The improvement contemplated in the performance of this contract is an improvement over which the State of California shall exercise general supervision. The State of California, therefore, shall have the right to assume full and direct control over this contract whenever the State of California, at its sole discretion, shall determine that its responsibility to the United States so requires. It is understood and agreed that the quantities of work under each item are approximate only, being given for a basis of comparison of proposal, and the right is reserved to the Agency to increase or decrease the amount of work under any item as may be required, in accordance with provisions set forth in the specifications for this project. It is further understood and agreed that the total amount of money set forth for each item of work or as the total amount bid for the project, does not constitute an agreement to pay a lump sum for the work unless it specifically so states. It is hereby agreed that the undersigned, as bidder, shall furnish a Payment Bond in an amount equal to one hundred percent of the total amount of this proposal and a Faithful Performance Bond to be one hundred percent of the total amount of this proposal, to the Agency and at no expense to said Agency, executed by a responsible surety acceptable to said Agency in the event that this proposal is accepted by said Agency. If this proposal shall be accepted and the undersigned shall fails to contract as aforesaid and to give the two bonds in the sums to be determined as aforesaid, with surety satisfactory to the Board of Supervisors and proper evidence of insurance in accordance with the contract requirements within eight (8) days, not including Saturdays, Sundays, and legal holidays, after the bidder has received notice from the public agency that the contract is ready for signature, the Board of Supervisors may, in its discretion, award the contract to the next highest bidder and declare the successful bidder's security forfeited, as provided in Public Contract Code section 5106. 4 PROPOSAL All good faith effort documentation must be submitted with the bid or within two (2) working days following the bid opening. Failure to submit the required good faith effort documentation within two (2) working days following the bid opening may render the bid non-responsive. The bidder is required to subcontract the following minimum percentage of its bid: Mandatory Subcontracting 24 % Minimum (MSM) Requirement NOTE: Outreach Program information and/or assistance may be obtained through the County's Affirmative Action Office at (925) 335-1045. *The MSM percentage figure will vary from project to project depending upon staff's determination of the amount of work appropriate for subcontracting, the availability of subcontractors, and other pertinent factors. Engineer to determine this percentage on a project by project basis. The contractor agrees, by submission of this proposal, to conform to the requirements of Section 4100 through 4113 of the Public Contract Code. The undersigned, as bidder, declares that he/she has not accepted any bid from any subcontractor or supplier through any bid depository, the by-laws, rules or regulations of which prohibit or prevent the contractor from considering any subcontractor or supplier which is not processed through said bid depository, or which prevent any subcontractor or supplier from bidding to any contractor who does not use the facilities of or accept bids from or through such bid depository. The following is a complete list of items to be subcontracted, including the subcontractor's name and address, as required. If a portion of any item of work is done by a subcontractor, the value of the work subcontracted will be based on the estimated cost of such portion of the contract item, determined from information submitted by the contractor, subject to approval by the engineer. Contra Costa County requires that all subcontractor information shall be submitted at the time of bid opening, no time extension will be allowed to submit this information per Assembly Bill 1092. The Ridder shall list each subcontractor to whom the Bidder proposes to subcontract any item of work, or portion thereof, in excess of one-half of one percent (.50%) of the total bid or $10,000, whichever is greater in accordance with the Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract Code. 5 G . A � o �a 0 � o � Y o •� U Vd p %i 4 a' V 7 o� �o � U tll M •� o t3" �'` •V O v NONCOLLUSION AFFIDAVIT TO BE EXECUTED BY BIDDER AND SUBMITTED WITH BID being first duly sworn,deposes and says (Name) that he or she is of (Title,position in Company) (Name of Company) the party making the foregoing bid that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid,or that anyone shall refrain from bidding;that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix overhead, profit, or cost element of the bid price, or that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and , further, that the bidder has not, directly or indirectly, submitted his order bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid." (Signature of Bidder) State of California ) ACKNOWLEDGEMENT(By Individual,Partnership or County of )ss Corporation) The person(s)signing above for , known to me individual and business capacities as stated, personally appeared before me today and acknowledged that he/she/they executed it and acknowledged to me that the partnership named above executed it or acknowledged to me that the corporation named above executed it pursuant to its bylaws or a resolution of its board of directors. Dated: Signature: Name(Typed or Printed) (This area for official notarial seal) 7 For bids exceeding $25,000, accompanying this proposal is a Proposal Guaranty in the amount of Ten 10)Percent of Amount Bid (Cashier's Check, Certified Check or Bidder's Bond acceptable) The names of all persons interested in the foregoing proposal as principals are as follows: IMPORTANT NOTICE If the bidder or other interested person is a corporation, state legal name of corporation, also names of president, secretary, treasurer, and manager thereof. If a copartnership, state true name of firm. If bidder or other interested person is an individual, state first and last name in full. Licensed to do or subcontract all classes of work involved in the project, in accordance with an act providing for the registration of contractors, License No. Class: (Expires ). By my signature on this proposal I certify, under penalty of perjury under the laws of the State of California,that the foregoing information is true and correct. Date: (Signature of Bidder) Business address Place of residence Date 20 8 SAMPLE BID BOND Bond No. KNOW ALL BY THESE PRESENTS: That we, , as Principal, and , a corporation organized and existing under the laws of the State of and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto , as Obligee, in the sum of Ten Percent (10%) of the amount of the bid Dollars lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. WHEREAS,the Principal has submitted a bid for (Project Name) (Project Number) NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with such bid and give bond with good and sufficient surety for the faithful performance of such contract, or in the event of the failure of the Principal to enter into such contract and give such bond, if the Principal shall pay to the Obligee the difference, not to exceed the penalty hereof, between the amount specified in said bid and the amount for which Obligee may legally contract with another party to perform the work covered by said bid, if the latter amount be in excess of the former,then this obligation shall be null and void, otherwise to remain in full force and effect. SIGNED AND SEALED,this day of , 20_ (SEAL) (SEAL) (Principal) (Surety) By: (Signature) (Signature) (SEAL AND ACKNOWLEDGMENT OF NOTARY) 9 Contra Costa County OUTREACH PROGRAM Affirmative Action Office 651 Pine Street,Martinez,CA 94553 (925)335-1045 Fax(925)646-1353 LETTER OF INTENT TO PERFORM AS A SUBCONTRACTOR/SUPPLIER/MANUFACTURER/TRUCKER/SUBCONSULTANT Name of Prime Contractor Name of Project Project Number The undersigned is a(check one): Sole proprietorship Corporation Limited Liability Partnership Joint Venture Check the following which may apply. MBE W BE SBE LBE Subcontractor _ Subcontractor _ Subcontractor _ Subcontractor _ Supplier _ Supplier _ Supplier _ Supplier _ Manufacturer _ Manufacturer _ Manufacturer _ Manufacturer _ Trucker _ Trucker _ Trucker _ Trucker _ Other Other _ Other _ Other Describe Describe Describe Describe None of the Above Apply The undersigned is prepared to perform the following described work in connection with the above project (specify in detail the particular work items or parts thereof to be performed): Total Amount Bid to Prime Contractor: $ Signature Position Title Date Name of Person Completing this Form Company Name Phone Number Fax Number 10 Contra Costa County OUTREACH PROGRAM Affirmative Action Office 651 Pine Street,Martinez,CA 94553 (925)335-1045 Fax(925)646-1353 VERIFICATION OF PERFORMANCE SUBCONTRACTOR/SUPPLIER/MANU FACTURER/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 _ Subcontractor Subcontractor _ Subcontractor _ Subcontractor Supplier _ Supplier _ Supplier Supplier _ Manufacturer _ Manufacturer _ Manufacturer _ Manufacturer _ Trucker _ Trucker _ Trucker _ Trucker _ Sub Consultant _ Sub Consultant _ Sub Consultant _ Sub Consultant _ Other _ Other _ Other _ Other Describe Describe Describe Describe _None of the Above Apply 6. The undersigned has performed the following described work in connection with the above project (specify in detail the particular work items or parts that were performed): 7. Total Bid to Prime Contractor or Consultant: $ 8. Total Amount Received: $ 9. Explain any difference between lines#7 and#8 by attaching a written explanation. 10. Signature Position/Title Date 11. Name of Person Completing this Form 12. Company Name Phone Number FAX Number 11 WARRANTY AND REPAIR AGREEMENT To (Agency): The undersigned agrees to repair and/or replace all improvements installed as part of (Insert Project Name) (Insert Project Number) Should any of the materials or equipment prove defective or should the work as a whole prove defective, due to faulty workmanship, material furnished or methods of installation, or should the work of any part thereof fail to operate properly as originally intended and in accordance with the plans and specifications, due to any of the above causes, for a period of 12 months after date on which the contract work is accepted by the Agency. The undersigned also agrees to reimburse the Agency, upon demand, for its expenses incurred in restoring said work to the condition contemplated in said project, including the cost of any such equipment or materials replaced and the cost of removing and replacing any other work necessary to make such replacement or repairs, if such work is performed by the Agency. Alternatively, upon demand by the Agency, the undersigned further agrees to replace any such material and to repair said work completely without cost to the Agency so that said work will function successfully as originally contemplated. The Agency shall have the unqualified option to make any needed replacements or repairs itself or to have such replacements or repairs done by the undersigned. In the event the Agency elects to have such work performed by the undersigned, the undersigned agrees that the repairs shall be made and such materials as are necessary shall be furnished and installed within a reasonable time after the receipt of demand from the Agency. If the undersigned shall fail or refuse to comply with his obligations under this agreement, the Agency shall be entitled to all costs and expenses, including attorneys' fees, reasonably incurred by reason of the said failure or refusal. The warranty period on the replaced materials or repaired defects shall commence, for a separate period of 12 months, beginning on the date the repair work is accepted by the Agency. In no event will the warranty period extend beyond three (3) years from the date the original contract work is accepted by the Agency. All Opticom (or equal) components shall be guaranteed in accordance with the manufacturer's warranty, which shall start after successful completion of the function test. All equipment for the Submaster shall be guaranteed for a period of three (3)years from the date the contract work is accepted by the Agency. (Company Name) (Authorized Signature) (Print Name) Date: G:\GrpData\Design\CTSPEC\PROPOSAI,\MAINT.doc 7/30/98 12 SAMPLE CONTRACT(Page 1 of 4) (Contra Costa County Standard Form Construction Agreement) 1.SPECIAL TERMS. These special terms are incorporated below by reference. (See Secs.2,3) Parties: Public Agency--Contra Costa County Contractor— Use complete legal name of Contractor. Effective Date: (see Section 4 for starting date.) (See Sec.3) Project Name Proj.No. located The work consists of all in accordance with the Plans,Drawings,Special Provisions and/or Specifications prepared by or for the Public Works Director/Chief Engineer(cross out one)and in accordance with the accepted Bid Proposal (See Sec.4) Completion Time: ((DELETE ONE OF THE FOLLOWING STATEMENTS.)) (a) By (b) Within working/calendar((circle the appropriate word))days from starting date. (See Sec.5) Liquidated Damages: $ per calendar day. (See See.6) Public Agency's Agent: (See Sec.7) Contract Price: $ more or less, in accordance with finished quantities at unit bid prices. ((DELETE TEXT if not unit price bid.)) (See Sec.8) Federal Taxpayer's I.D.or Social Security No. 2. SIGNATURES&ACKNOWLEDGEMENT. Public Agency,By: Maurice M.Shiu, Public Works Director Contractor, hereby also certifying awareness of and compliance with Labor Code Sections 1861 and 3700 concerning Workers' Compensation Law, By: (Designate official capacity in the business) By: (Designate official capacity in the business) Note to Contractor: For corporations,the contract must be signed by two officers. The first signature must be that of the chairman of the board, president or vice president;the second signature must be that of the secretary,assistant secretary,chief financial officer or assistant treasurer. (Civil Code,Section 1190 and Corporations Code,Section 313.) The acknowledgment below must be signed by a Notary Public. 13 CERTIFICATE OF ACKNOWLEDGMENT State of California ) ss. County of On before me, (here insert name and title of the officer),personally appeared personally known to me(or proved to me on the basis of satisfactory evidence)to be the person(s)whose name(s)is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies),and that by his/her/their signature(s)on the instrument the person(s),or the entity upon behalf of which the person(s)acted,executed the instrument. WITNESS my hand and official seal. Dated: (Notary's Seal) (Notary Public) 14 3.WORK CONTRACT.CHANGES. (a) By their signatures in Section 2,effective on the above date,these parties promise and agree as set forth in this contract,incorporating by these references the material in Section 1,SPECIAL TERMS. (b) Contractor shall,at his own cost and expense,and in a workmanlike manner,fully and faithfully perform and complete the work;and will furnish all materials, labor, services and transportation necessary, convenient and proper in order fairly to perform the requirements of this contract, all strictly in accordance with the Public Agency's plans,drawings and specifications and in accordance with the accepted bid proposal. (c) The work can be changed only with Public Agency's prior written order specifying such change and its cost agreed to by the parties;and the Public Agency shall never have to pay more than specified in Section 7,PAYMENT,without such an order. 4. TIME, NOTICE TO PROCEED. Contractor shall start this work as directed in the specifications or the Notice to Proceed;and shall complete it as specified in Section 1,SPECIAL TERMS. 5. LIQUIDATED DAMAGES. If the Contractor fails to complete this contract and this work within the time fixed therefor,allowance being made for contingencies as provided herein,he becomes liable to the Public Agency for all its loss and damage therefrom;and because,from the nature of the case,it is and will be impracticable and extremely difficult to ascertain and fix the Public Agency's actual damage from any delay in performance hereof,it is agreed that Contractor will pay as liquidated damages to the Public Agency the reasonable sum specified in Section 1,SPECIAL TERMS,the result of the parties' reasonable endeavor to estimate fair average compensation therefor,for each calendar day's delay in finishing said work;and if the same be not paid,Public Agency may,in addition to its other remedies,deduct the same from any money due or to become due Contractor under this contract. If the Public Agency for any cause authorizes or contributes to a delay,suspension of work or extension of time,its duration shall be added to the time allowed for completion,but it shall not be deemed a waiver nor be used to defeat any right of the Agency to damages for non-completion or delay hereunder. Pursuant to Government Code Section 4215,the Contractor shall not be assessed liquidated damages for delay in completion of the work,when such delay was caused by the failure of the Public Agency or the owner of a utility to provide for removal or relocation of existing utility facilities. 6. INTEGRATED DOCUMENTS. The plans, drawings and specifications or special provisions of the Public Agency's call for bids, and Contractor's accepted bid for this work are hereby incorporated into this contract;and they are intended to cooperate,so that anything exhibited in the plans or drawings and not mentioned in the specifications or special provisions,or vice versa,,is to be executed as if exhibited,mentioned and set forth in both,to the true intent and meaning thereof when taken all together;and differences of opinion concerning these shall be finally determined by Public Agency's Agent specified in Section 1,SPECIAL TERMS. 7. . PAYMENT. (a) For his strict and literal fulfillment of these promises and conditions,and as full compensation for all this work,the Public Agency shall pay the Contractor the sum specified in Section 1,SPECIAL TERMS,except that in unit price contracts that payment shall be for finished quantities at unit bid prices. (b) On or about the first of each calendar month,the Contractor shall be paid for all work done through the 15th of the preceding calendar month,as determined by Public Agency, minus 10%thereof pursuant to Public Contract Code Section 9203, but not until defective work and materials have been removed,replaced,and made good. 8.PAYMENTS WITHHELD. (a) The Public Agency or its Agent may withhold any payment,or because of later discovered evidence nullify all or any certificate for payment,to such extent and period of time only as may be necessary to protect the Public Agency from loss because of: (1) Defective work not remedied,or uncompleted work,or (2) Claims filed or reasonable evidence indicating probable filing,or (3) Failure to properly pay subcontractors or for material or labor,or (4) Reasonable doubt that the work can be completed for the balance then unpaid,or (5) Damage to another contractor,or (6) Damage to the Public Agency,other than damage due to delays. (b) The Public Agency shall use reasonable diligence to discover and report to the Contractor,as the work progresses,the materials and labor which are not satisfactory to it,so as to avoid unnecessary trouble or cost to the Contractor in making good any defective work or parts. (c) 35 calendar days after the Public Agency files its notice of completion of the entire work,it shall issue a certificate to the Contractor and pay the balance of the contract price after deducting all amounts withheld under this contract,provided the contractor shows that all claims for labor and materials have been paid,no claims have been presented to the Public Agency based on acts or omissions of the Contractor,and no liens or withhold notices have been filed against the work or site, and provided there are not reasonable indications of defective or missing work or of late-recorded notices of liens or claims against Contractor. 9. INSURANCE. (Iabor Code Secs. 1860-61) On signing this contract,Contractor must give Public Agency (1) a certificate of consent to self- insure issued by the Director of Industrial Relations,or (2) a certificate of Workers'Compensation insurance issued by an admitted insurer,or (3) an exact copy of duplicate thereof certified by the Director or the insurer. Contractor is aware of and complies with Labor Code Section 3700 and the Workers' Compensation Law. 10. BONDS. On signing this contract Contractor shall deliver to Public Agency for approval good and sufficient bonds with sureties,in amount(s) specified in the specifications or special provisions, guaranteeing his faithful performance of this contract and his payment for all labor and materials hereunder. SAMPLE CONTRACT(Page 2 of 4) 15 11. FAILURE TO PERFORM. If the Contractor at anytime refuses or neglects,without fault of the Public Agency or its agent(s),to supply sufficient materials or workmen to complete this agreement and work as provided herein, for a period of 10 days or more after written notice thereof by the Public Agency,the Public Agency may furnish same and deduct the reasonable expenses thereof from the contract price. 12. LAWS APPLY. General. Both parties recognize the applicability of various federal,state,and local laws and regulations,especially Chapter 1 of Part 7 of Division 2 of the Labor Code(beginning with Section 1720,and including Sections 1735,1777.5,and 1777.6 forbidding discrimination). The parties specifically stipulate that the relevant penalties and forfeitures provide in the Labor Code,especially in Sections 1775 and 1813 concerning prevailing wages and hours,as well as Section 1776 concerning certified payroll records,shall apply to this agreement. 13. SUBCONTRACTORS. Public Contract Code Sections 4100-4114 are incorporated herein. 14. WAGE RATES. (a) Pursuant to Labor Code Section 1773,the Director of the Department of Industrial Relations has ascertained the general prevailing rates of wages per diem,and for holiday and overtime work,in the locality in which this work is to be performed,for each craft,classification,or type of workman needed to execute this contract,and said rates are as specified in the call for bids for this work and are on file with the Public Agency,and are hereby incorporated herein. (b) This schedule of wages is based on a working day of 8 hours unless otherwise specified;and the daily rate is the hourly rate multiplied by the number of hours constituting the working day. When less than that number of hours are worked,the daily wage rate is proportionately reduced,but the hourly rate remains as stated. (c) The Contractor, and all his subcontractors,must pay at least these rates to all persons of this work, including all travel,subsistence, and fringe benefit payments provided for by applicable collective bargaining agreements. All skilled labor not listed above must be paid at least the wage scale established by collective bargaining agreement for such labor in the locality where such work is being performed. If it becomes necessary for the Contractor or any subcontractor to employ any person in a craft,classification or type of work(except executive,supervisory,administrative,clerical or other non-manual workers as such)for which no minimum wage rate is specified,the Contractor shall immediately notify the Public Agency which shall apply from the time of the initial employment of the person affected and during the continuance of such employment. 15. HOURS OF LABOR. Eight.hours of labor in one calendar day constitutes a legal day's work,and no workman employed at any time on this work by the Contractor or by any subcontractor shall be required or permitted to work longer thereon except as provided in Labor Code Sections 1810-1815. 16. APPRENTICES. Properly indentured apprentices may be employed on this work in accordance with Labor Code Sections 1777.5 and 1777.6, forbidding discrimination. 17. DESIRE TO PROMOTE ECONOMY OF CONTRA COSTA. The Public Agency desires to promote the industries and economy of Contra Costa county,and the Contractor therefore is encouraged to use the products,workmen,laborers and mechanics of this County in every case where the price,fitness and quality are equal. 18. ASSIGNMENT. The agreement binds the heirs,successors,assigns,and representatives of the Contractor;but he cannot assign it in whole or in part,nor any monies due or to become due under it,without the prior written consent of the Public Agency and the Contractor's surety or sureties,unless they have waived notice of assignment. 19. NO WAIVER BY PUBLIC AGENCY. Inspection of the work and/or materials,or approval of work and/or materials inspected,or statement by any officer,agent or employee of the Public Agency indicating the work or any part thereof complies with the requirements of payments therefor,or any combination of these acts, shall not relieve the Contractor of his obligation to fulfill this contract as prescribed; nor shall the Public Agency be thereby estopped from bringing any action for damages or enforcement arising from the failure to comply with any of the terms and conditions hereof. 20. HOLD HARMLESS&INDEMNIFICATION (a) Contractor promises to and shall defend,indemnify,save,and hold harmless the indemnitees from the liabilities as defined in this section. (b) The indemnitees benefitted 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 Section 6-1.01, "Additional Insureds",of the Special Provisions. (c) The liabilities protected against are any and all claims,demands,causes of action,damages,costs,expenses,actual attorneys'fees,losses, or liabilities arising out of or in connection with the actions defined below for personal injury,sickness,disease,emotional injury,death,property damage(including loss of use),trespass,nuisance,inverse condemnation,patent infringement,or any combination of these,regardless of whether or not such liability, claim, or damage was foreseeable at any time before the Public Agency approved the improvement plans or accepted the improvements as completed,and including the defense of any suit(s)or action(s)at law or equity concerning these. (d) The actions causing liability are any act or omission(negligent or non-negligent)in connection with the matters covered by this contract and attributable to the Contractor, subcontractor(s),supplier(s), trucker(s),anyone for whose acts the Contractor may be liable,or any officer(s), agent(s)or employee(s)of one or more of them. (c) 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 or has insurance or other indemnification covering any of these matters. (Q Except as prohibited by Civil Code Section 2782,the Contractor's obligations under this section shall exist regardless of the existence or degree of fault of the Public Agency or any indemnitee. SAMPLE CONTRACT(Page 3 of 4) 16 (g) The Contractor's obligations under this section shall extend to claims arising after the work is completed and accepted if the claims are related to alleged acts or omissions that occurred during the course of the work. Public Agency's inspection is not a waiver of full compliance with these requirements. (h) The Contractor and the Contractor's insurance carrier(s)shall respond within 15 days to the tender of any claim for defense and indemnity by the Public Agency,unless this time has been extended by the Public Agency. (I) With respect to third-party claims against the Contractor,the Contractor waives all rights of any kind to express or implied indemnity against the indemnitees. 0) Nothing in this section is intended to establish a standard of care owed to any third party or to extend to any third party the status of a third- party beneficiary. 21. EXCAVATION. Contractor shall comply with the provisions of Labor Code Section 6705, if applicable, by submitting to Public Agency a detailed plan showing the design of shoring,bracing,sloping,or other provisions to be made for worker protection from the hazard of caving ground during trench excavation. 22. RECORD RETENTION. Except for records delivered to Public Agency, Contractor shall retain, for a period of at least five years after Contractor's receipt of the final payment under this contract,all records prepared in the performance of this contract or otherwise pertaining to the work, including without limitation bidding,financial and payroll records. Upon request by Public Agency,Contractor shall make such records available to Public Agency,or to authorized representatives of the state and federal governments,at no additional charge and without restriction or limitation on their use. 23. CONFLICT WITH BID. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this contract and the bid or proposal of said Contractor,then this contract shall control and nothing herein shall be considered as an acceptance of said terms of said proposal conflicting herewith. 24. USE OF PRIVATE PROPERTY. Contractor shall not use private property for any purpose in connection with the work absent a prior,written agreement with the affected property owner(s). \tt FORM APPROVED by County Counsel. (CC-l;Rev.3-95) G:\Design\CTSP,t\PROPOSAL\samcontr-DRAFT.doc 5!1(01 SAMPLE CONTRACT(Page 4 of 4) 17 SAMPLE PERFORMANCE BOND--PUBLIC WORK Bond No. Premium Any claim under this Bond should be sent to the following address: KNOW ALL BY THESE PRESENTS: That we, , as Principal, and a corporation organized and existing under the laws of the State of_ and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto 'as Obligee,in the sum of Dollars($ ) lawful money of the United States of America, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally., firmly by these presents. THE CONDITION of the above obligation is such that, whereas the Principal has entered into a contract dated , with the Obligee to do and perform the following work, to- wit: as is more specifically set forth in the contract documents,reference to which is hereby made. NOW THEREFORE, if the Principal shall well and truly perform all the requirements of said contract documents required to be performed on its part, at the times and in the manner specified therein, then this obligation shall be null and void,otherwise it shall remain in full force and effect. PROVIDED, that any alterations in the work to be done or the materials to be furnished, or changes in the time of completion, which may be made pursuant to the terms of said contract documents, shall not in any way release the Principal or the Surety thereunder, nor shall any extensions of time granted under the provisions of said contract documents release either the Principal or the Surety, and notice of such alterations or extensions of time is hereby waived by the Surety. PROVIDED, that if any action is commenced on this bond by the Obligee, in addition to the sum specified above,the Principal and the Surety,their heirs, executors,administrators, successors and assigns,jointly and severally, shall be obligated to pay to the Obligee all costs, attorney's fees and other litigation expenses incurred by the Obligee in collecting monies due under the terms of this bond. SIGNED AND SEALED,this day of (SEAL) (SEAL) (Principal) (Surety) By: (Signature) (Signature) (SEAL AND ACKNOWLEDGMENT OF NOTARY) g:\grpdata\design\ctspec\proposal\perfbnd.doc 18 SAMPLE PAYMENT BOND --PUBLIC WORK [Civ. Code Secs. 3247-32481 Bond No. Premium Any claim under this Bond should be sent to the following address: KNOW ALL BY THESE PRESENTS: That we, ,as Principal, and a corporation organized and existing under the laws of the State of and authorized to transact surety business in the State of California, as Surety, are held and firmly bound unto ,as Obligee, in the sum of Dollars ($ ) lawful money of the United States of America, for the payment of which sum well and truly to be made,we bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. THE CONDITION of the above obligation is such that, whereas the Principal has entered into a contract dated , with the Obligee to do and perform the following work,to-wit: as is more specifically set forth in the contract documents,reference to which is hereby made. NOW THEREFORE, if the Principal or a subcontractor fails to pay any of the persons named in Section 3181 of the Civic Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the contract, or for any amounts required to be deducted,withheld and paid over to the Employment Development Department from the wages of employees of the Principal and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, the Surety will pay for the same, in an amount not exceeding the sum specified in this bond, and also, in case suit is brought upon this bond, a reasonably attorney's fee, to be fixed by the court. This bond shall ensure to the benefit of any of the persons named in Section 3181 of the Civic Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond. SIGNED AND SEALED,this day of (SEAL) (SEAL) (Principal) (Surety) By: (Signature) (Signature) (SEAL AND ACKNOWLEDGMENT OF NOTARY) 19 CONTRA COSTA COUNTY 9' PUBLIC WORKS DEPARTMENT NOTICE TO CONTRACTORS AND SPECIAL PROVISIONS FOR GOODRICK AVENUE REHABILITATION AND WIDENING PROJECT NO: 0662-6R4250-08 01 .fes � .nn � •:ti �� •��! . f3- �" i cou FOR USE WITH STANDARD SPECIFICATIONS DATED MAY, 2006 AND STANDARD PLANS DATED MAY, 2006 OF THE CALIFORNIA DEPARTMENT OF TRANSPORTATION, AND GENERAL PREVAILING WAGE RATES AND APPLICABLE LABOR SURCHARGE AND EQUIPMENT RENTAL RATES, AS ON FILE WITH THE CLERK OF THE BOARD OF SUPERVISORS. BID OPENING DATE: April 29, 2008 FOR PRE-BID INFORMATION CONTACT: Alex Anaya(925) 313-2312 ENGINEER'S ESTIMATE: $426,000 FOR PLAN HOLDER'S LIST CALL (925) 313-2000 Visit the Design Division at the Public Works Web site for other advertised and developing projects www.co.contra-costa.ca.us/depart/pw/(under"Contractor Info.") THIS SHEET IS FOR INFORMATION PURPOSES ONLY AND SHALL NOT BE CONSIDERED A PART OF THIS CONTRACT SPECIAL NOTICE 1 The Bidder shall submit applicable list of subcontractors with the bid proposal. Failure to submit this information with the bid proposal may result in rejection of the bid. SPECIAL NOTICE 2 A pre-bid meeting is scheduled for this project on the date given in the Notice to Contractors. Discussions will cover project construction and the Bidder Outreach Program requirements. To further assist bidders in fulfilling County Outreach Program requirements, a "Good Faith Effort Documentation Booklet" is available online at: www.co.contra- costa.ca.us/denart/uw. Mouse-over"Contractor Info" at the left of the screen to activate the drop down menu. Click on"Co. Outreach GFE Booklet" from the drop down menu for a pdf document entitled"Good Faith Effort Document Booklet". SPECIAL NOTICE 3 There are no assurances to Bidders, who acquire project bid documents from sources other than directly from the Contra Costa County Public Works Department Offices, that they will receive project addenda. Such Bidders are solely responsible for acquiring any addenda. SPECIAL NOTICE 4 In cases of utility leaks, breaks, or emergencies, the following numbers should be called: Utility Phone Number EBMUD (510) 287-1252 PG&E(Gas &Electric) (800) 743-5000 West County Wastewater District (510) 222-6700 AT& T (925) 867-5080 SPECIAL NOTICE 5 In the case where a bidder claims an inadvertent error in listing subcontractors, a notice of the claim must be submitted to the Engineer in writing within two (2) working days after the time of the bid opening and copies of the notice must be sent to the subcontractors involved. SPECIAL NOTICE 6 The bidder's attention is directed to the State and Federal laws concerning fraud, bribery, collusion, conspiracy, and making false statements in connection with bidding upon, award of, or performance of any public works contract. The U.S. Department of Transportation, Office of Inspector General, has established the following telephone hotline to report violations. In California call 1-800-545-7496 Outside California call 1-800-424-9071 Confidentiality may be maintained and callers may remain anonymous. SPECIAL NOTICE 7 The bidder's attention is directed to Section 2-1.OIA of these Special Provisions regarding the requirement of a WARRANTY AND REPAIR AGREEMENT for the entire project. SPECIAL NOTICE 8 Planholders lists for projects out to bid for the Contra Costa County Public Works Department may be viewed on-line at the Public Works Web Site. Projects under development for the upcoming season may also be viewed at the site. 1. Log-on at www.co.contra-costa.ca.us/departt_pw 2. Mouse-over"Contractor Info" at the left of the screen to activate the drop-down menu 3. Click on"Plan Holders List" from the drop-down menu 4. On the "Projects Out to Bid" web-page you will find a listing of current active projects with pertinent project information including a. Access to the "Notice to Contractors" which will give you a brief description of the project as well as how to obtain a set of bid documents and b. Access to the "Planholders List". DISCLAIMER Contra Costa County Public Works Department provides the Planholders List as a convenience to Contractors, Subcontractors and suppliers. The Public Works Department is under no legal obligation to provide this information. While we make every effort to keep this information current and correct, the Public Works Department makes no guarantee as to the accuracy or completeness of these documents. SE L -r = ' Contra Costa County nit Attention 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 veteran(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. In Section 3 "Outreach Program/ Mandatory Subcontracting Minimum/Award .and Execution of Contract" of these Special Provisions, 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 (DBVEs) 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, 1 st 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 PROJECT NO. 0662-6R4250-08 The special provisions contained herein have been prepared by or under the direction of the following Registered Persons: CIVIL Q(tOFESSI . 0 AW NC v EI y� W � Exp. /3 /09 sf CIVIL �Q 9lF OF CAUF��� TABLE OF CONTENTS VICINITY AND CONSTRUCTION SIGNING MAP TYPICAL SECTIONS NOTICE TO CONTRACTORS SPECIAL PROVISIONS SECTION 1. SPECIFICATIONS AND PLANS.......................................................................1 AMENDMENTS TO MAY 2006 STANDARD SPECIFICATIONS.......................................2 SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS...................................75 2-1.01 GENERAL...................................................................................................................75 2-1.02 WARRANTY AND REPAIR AGREEMENT............................................................76 SECTION 3 - OUTREACH PROGRAM/MANDATORY SUBCONTRACTING..............76 SECTION 3-1.00 OUTREACH PROGRAM ..........................................................................76. 3-1.01 GENERAL..........................................._.......................................................................76 3-1.02 MBE/WBE/OBE PARTICIPATION...........................................................................76 3-1.03 DEFINITIONS.............................................................................................................76 3-1.04 CERTIFICATION AND PARTICIPATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES ............................................................. ...............78 ........................ 3-1.05 GOOD FAITH EFFORT DOCUMENTATION...........................................................82 3-1.05A GOOD FAITH EFFORT DOCUMENTATION SUBMITTAL.....................86 3-1.06 AWARD OF CONTRACT........................................... ...........86 .................................... 3-1.07 SUBCONTRACTOR SUBSTITUTION.....................................................................86 3-1.08 SUB-AGREEMENT FALSIFICATION......................................................................87 3-1.09 FINAL SUBCONTRACTING REPORT SUBMITTALNERIFICATION OF PERFORMANCEFORMS......................................................................................................87 3-1.10 REVIEW OF RECORDS.............................................................................................88 3-1.11 PROMPT PAYMENT..................................................................................................88 SECTION 3-2.00 MANDATORY SUBCONTRACTING MINIMUM................................88 3-2.01 GENERAL...................................................................................................................88 3-2.02 MANDATORY SUBCONTRACTING MINIMUM PARTICIPATION LEVEL.....88 3-2.03 DEFINITIONS.............................................................................................................88 3-2.04 MSM PARTICIPATION RECOGNITION.................................................................89 SECTION 3-3.00 EXECUTION OF CONTRACT..............................:...................................89 3-3.01 AWARD OF CONTRACT...........................................................................................89 3-3.02 BONDS .........................................................................................................................90 3-3.03 INSURANCE REQUIREMENTS................................................................................90 3-3.04 EXECUTION OF AGREEMENT (CONTRACT)......................................................92 SECTION 4. BEGINNING OF WORK AND TIME OF COMPLETION..........................92 4-1.01 GENERAL....................................................................................................................92 4-1.02 PRE-CONSTRUCTION CONFERENCE...................................................................93 4-1.03 ARCHAEOLOGICAL DISCOVERIES and/or HISTORICAL DISCOVERIES.......93 SECTION 5. GENERAL...........................................................................................................95 SECTION 5-1. MISCELLANEOUS.........................................................................................95 5-1.01 LEGAL HOLIDAYS ...................................................................................................95 5-1.02 PAYROLL RECORDS................................................................................................95 _ 5-1.03 SCOPE OF PAYMENT................................................................................................95 5-1.04 INCREASES AND DECREASES IN QUANTITIES.................................................96 5-1.05 INTERPRETATION OF CONTRACT DOCUMENTS .............................................96 5-1.06 CONTROL OF WORK................................................................................................96 5-1.07 COST REDUCTION INCENTIVE.............................................................................96 5-1.08 LABOR NONDISCRIMINATION .............................................................................97 5-1.09 PAYMENTS ................................................................................................................97 5-1.10 PAYMENT OF WITHHELD FUNDS ......................................................... ....97 5-1.11 INTEREST ON PAYMENTS.................................................................................:....98 5-1.12 PUBLIC SAFETY...........................................................................:............................98 5-1.13 TESTING................................................................................................................... 100 5-1.14 SURFACE MINING AND RECLAMATION ACT................................................. 100 5-1.15 CLAIMS BY CONTRACTOR.................................................................................. 100. 5-1.16 AREAS FOR CONTRACTOR'S USE ...................................................................... 103 5-1.17 SOUND CONTROL REQUIREMENTS ................................................................... 103 5-1.18 AIR POLLUTION CONTROL.................................................................................. 104 5-1.19 SUBCONTRACTING ............................................. ............. 104 ..................................... 5-1.20 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS.............................. 104 5-1.21 PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS......... 104 5-1.22 RECORDS ................................................................................................................. 104 5-1.23 ACCEPTANCE OF CONTRACT................................. .............. 105 .............................. 5-1.24 CITY OF RICHMOND ENCROACHMENT PERMIT............................................105 SECTION 6. ADDITIONAL INSUREDS,WORKING DAYS, AND LIQUIDATED DAMAGES.................................................................................................a...............................106 6-1.01 ADDITIONAL INSUREDS ....................................................................................... 106 6-1.02 WORKING DAYS..................................................................................................... 106 6-1.03 LIQUIDATED DAMAGES....................................................................................... 106 SECTION7 (BLANK)..............................................................................................................106 SECTION 8. MATERIALS......................................................................................................106 SECTION 8-1. MISCELLANEOUS........................................................................................106 8-1.01 PREQUALIFIED AND TESTED SIGNING AND DELINEATION MATERIALS 106 8-1.02 TESTING................................................................................................................... 113 8-1.03 QUALITY CONTROL TESTING............................................................................. 114 8-1.04 ENGINEERING FABRICS........................................................................................114 SECTION 9. DESCRIPTION OF WORK.............................................................................114 SECTION 10. CONSTRUCTION DETAILS.......................................................................114 SECTION10-1. GENERAL....................................................................................................114 10-1.41 ORDER OF WORK................................................................................................. 114 10=1.02 WATER POLLUTION CONTROL........................................................................115 10-1.03 PRESERVATION OF PROPERTY....................................................................... 117 104.04 COOPERATION....................................................................................................... 118 10-1.05 OBSTRUCTIONS....................................:............................................................... 118 10-1.06 CONSTRUCTION AREA TRAFFIC CONTROL DEVICES................................119 10-1.07 CONSTRUCTION AREA SIGNS............................................................................ 120 10-1.08 MAINTAINING TRAFFIC..................................................................................... 122 10-1:09 TEMPORARY PAVEMENT DELINEATION....................................................... 124 10-1:10 EXISTING HIGHWAY FACILITIES.................................................................... 125 10-1.11 CLEARING AND GRUBBING.......................................:...................................... 126 10-1.12 EARTHWORK........................................................................................................ 127 10-1.13 AGGREGATE BASE.............................................................................................. 129 10-1.14 HOT MIX ASPHALT.............................................................................................. 129 10-1.15 GEOSYNTHETIC PAVEMENT INTERLAYER...................................................132 10-1.16 BASE FAILURE REPAIR................::...................................................................... 134 10-1.17 FURNISH SIGN ...........................................................................................:.......... 135 10-1.18 REINFORCED CONCRETE PIPE .........................................................................135 10-1.19 MONUMENTS........................................................................................................ 136 10-1 20 TRAFFIC STRIPES AND PAVEMENT MARKINGS 136 APPENDIX................................................................................................................................138 ANDS WQDEMONG PROJECT T SAN PAW BAY C ? 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EP R/W Var Var 18' to 19' 16' 2' Var R/W 7' t o 8' I 16' to 18' Var 10' to 15' HP I HP Exist EP I' r Sawcu �2 Min _y 5% 0.2'HMA overlay 0.5' Shld backing (Type A. /2") Mt] (Typ) with GPI* (Typ) 0.4' Type A,�/2" HMA I.0' C! 2 AB TYPICAL SECTION Sto 1+50 to 4+50 NO SCALE Exist R/W "p" Line Var EP Var 18' to 24' 16'and Var 2' Var R/W 0' to 7' I 17' t 18' HP Var 3' to 12' �1 Exist HP I, Sawcut I' Min 3:1 �5—/-. I 0.2'HMA Overla 0.5' Shld .backing (Type A. %2") Mtl (Typ) with GPI • GPI to extend i foot into pavement widening section. TYPICAL SECTIOM) 0.4' Type A,�/2" HMA 1.0' Cl 2 AB Sta 0+50 to 1+50 NO SCALE f "P" Line Var 8' to 16' V r RAW ' • y. 17' to 22' Var 6' to 12' 2Var Exist EP 8' to 11' Sawcut-,�� 0.5' _2 5% .. __.. . ... 4:1 Max 0.5'.Shld backing Mtl 0:6' Type A. �/2" HMA 1.0' Ci 2 AB TYPICAL SECTION Sto 11+80 to 14+47 NO SCALE Exist. "P" Line. RAW EP Crown .Line 32' & Var Var 18' to 20' 1 16' 2' 15' RAW Var 12' to 13' Exist HP HP Sawcut--�I EP I' Min I 1 r- 2 X t0. hid 5% backing 0.2' NMA overlay Mtl (Ty p) (Type A. y2„) O.4' Type A. Y2" HMA with. cPi• TYPICAL SECTION 1.0' Cl 2 AB Sto 10+10 to 11+80 NO SCALE Exist. "P" Line EP Crown Line RAW Var Var 18' to 19' I 16' 17• R1W 8' to 9' Var 12' to 15' Var 2 to Exist HMA leveling 6' HP Var 0-0.4' Sawcut EP �1. �� �I' Min 7t: 5% 5YHMA Conform Type A0.2'HMA overlay (Type A, '/z') 0.4' Type A,112" HMA witn cP1• N I.o' CI 2 AB Sto 7+50 to 10+10 NO SCALE Project Name: Goodrick Avenue Rehabilitation and Widening Project Number: 0662-6R4250-08 Contra Costa County Public Works Department 255 Glacier Drive, Martinez,California 94553-4897 NOTICE TO CONTRACTORS The Public Works Director will receive sealed bids at the Public Works Department, C.C. Rich Building,255 Glacier Drive,Martinez,California 94553-4897,until 2 o'clock p.m.,on April 29, 2008,. at which time they will be publicly opened and read, for: Goodrick Avenue Rehabilitation and Widening. General work description: Pavement widening,base failure repairs and a hot mix asphalt overlay including drainage improvements and roadway striping. Engineer's cost estimate: $426,000 A pre-bid meeting will be held on Monday, April 14, 2008 at 10:00 a.m. at the Public Works Department to cover the County's Bidder Outreach Program. .Prospective bidders attendance.is recommended but not mandatory. Contract Documents,including plans and specifications,may be viewed and/or obtained at the Public Works Department, C.C. Rich Building, 255 Glacier Drive, Martinez, California 94553- 4897, Monday- Thursday(7:00 a.m. - 12 Noon and 1:00 p.m. - 5:00 p.m.), and Friday(8:00 a.m. - 12 Noon and 1:00 p.m. - 5:00 p.m.). To obtain plans and specifications a service charge is required in the amount of$45.00 (sales tax included). Plans, specifications and cross sections may be ordered by mail for an additional shipping and handling fee of$3.00. Checks shall be made payable to'The County of Contra Costa'and be mailed to the above address. The Public Works Department does not guarantee the arrival of the plans and specifications in time for bidding. Plans and specifications will not be sent overnight mail. This project is to be advertised pursuant to Public Contract Code.22037. This contract is subject to state contract nondiscrimination and compliance requirements pursuant to Government Code, Section 12990. The Contractor shall possess a Class A or C-12 License at the time the Contract is awarded. Bids must cover the entire project, and neither partial nor contingent bids will be considered. The successful bidder shall furnish a payment bond and a performance bond. The Board has ascertained the general prevailing rate of wages applicable to this work. The prevailing rate of per diem wages is on file with the Clerk of the Board of Supervisors, and is incorporated herein by reference thereto, the same as if set forth in full herein. For any classification not included in the list, the minimum wage shall be the general prevailing rate for Contra Costa County. The bid opening date may be extended by addendum issued by the Public Works Department no later than April 25, 2008, in which case any bids submitted for the original bid opening will be returned unopened and sealed bid proposals for the extended bid opening shall be submitted on or before May 13, 2008, at 2:00 p.m., and will be opened, read and recorded at the same place specified above. All proposals received late will be returned unopened. The said Board reserves the right to reject any and all bids or any portion of any bid and/or waive any irregularity in any bid received. For questions regarding the project contact Alex Anaya,Design Division, at(925) 313-2312. 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: CONTRA COSTA COUNTY PUBLIC WORKS DEPARTMENT SPECIAL PROVISIONS SECTION 1. SPECIFICATIONS AND PLANS The work embraced herein shall be done in accordance with the Standard Specifications and the Standard Plans dated May,2006,of the State of California,Department of Transportation, and the Standard Plans.of the Contra Costa County Public Works Department insofar as the same may apply and in accordance with the following special provisions. In case of conflict between the. Standard Specifications and these special provisions, the special provisions shall take precedence over and be used in lieu of such conflicting portions. DEFINITIONS AND TERMS As used herein, unless the context implies otherwise, the following terms have the following meaning: A enc The legal entity for which the work is being performed. Board of Supervisors. The Board of Supervisors of Contra Costa County, State of California is the governing board for the agency having jurisdiction over the work being done under this contract. County. Contra Costa County, a political subdivision of the State of California. The agency having jurisdiction over the work being done under this contract. Department, Department of Transportation, Director, Director of Transportation. The Board of Supervisors of Contra Costa County, State of California. Deputy Director Transportation Engineering, or Engineer. The Public Works Director of Contra Costa County, State of California, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. Laboratory. The Materials and Testing Laboratory of Contra Costa County or Laboratories authorized by the Engineer to test materials and work involved in the contract. Standard Specifications. The 2006 edition of the Standard Specifications of the State of California, Department of Transportation. Any reference therein to the State of California or a state agency, office or officer shall be interpreted to refer to the County or its corresponding agency,office or officer acting under this contract. State. "Agency" as defined above. 1 State Highway Engineer. The Public Works Director, Contra Costa County, State of California. Transportation Building, Sacramento. C. C. Rich Building, 255 Glacier Drive, Martinez, California. AMENDMENTS TO MAY 2006 STANDARD SPECIFICATIONS UPDATED FEBRUARY 1,2008 SECTION 0: GLOBAL REVISIONS Issue Date: July 31, 2007 Global revisions are changes to contract documents not specific to a section of the Standard Specifications. • In each contract document at each occurrence: 1. Except where existing asphalt concrete is described, replace "asphalt concrete" with "hot mix asphalt" 2. Except where existing AC is described, replace "AC" with "HMA" where AC means asphalt concrete SECTION 1: DEFINITIONS AND TERMS Issue Date: January 18, 2008 Section 1-1.01, "General," of the Standard Specifications is amended by adding the following: • The Department is gradually changing the style and language of the specifications. The new style and language includes: 1. Use of: 1.1. Imperative mood 1.2. Introductory modifiers 1.3. Conditional clauses 2. Elimination of- 2.1. f:2.1. Language variations 2.2. Definitions for industry-standard terms 2.3. Redundant specifications 2 2.4. Needless cross-references • The use of this new style does not change the meaning of a specification not yet using this style. • The specifications are written to the Bidder before award and the Contractor after. Before award, interpret sentences written.in the imperative mood as starting with "The Bidder must" and interpret "you" as "the Bidder" and "your" as "the Bidder's." After award, interpret sentences written in the imperative mood as starting with "The Contractor must" and interpret "you" as "the Contractor" and "your" as "the Contractor's." • Unless an object or activity is specified to be less than the total, the quantity or amount is all of the object or activity. • All items in a list apply unless the items are specified as choices. • Interpret terms as defined in the Contract documents. A term not defined in the Contract documents has the meaning defined in Means Illustrated Construction Dictionary, Condensed Version, Second Edition. The 1st table in Section 1-1.02, "Abbreviations," of the Standard Specifications is amended by adding: SSPC The Society for Protective Coatings Section 1, "Definitions and Terms," of the Standard Specifications is amended by adding the following sections: 1-1.082 BUSINESS DAY • Day on the calendar except Saturday or holiday. 1-1.084 CALIFORNIA MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES • The California Manual on Uniform Traffic Control Devices for Streets and Highways (California MUTCD) is issued by the Department of Transportation and is the Federal Highway Administration's MUTCD 2003 Edition, as amended for use in California. 1-1.125 DEDUCTION • Amount of money permanently taken from progress payment and final payment. Deductions are cumulative and are not retentions under Pub Cont Code § 7107. 1-1.205 FEDERAL-AID CONTRACT • Contract that has a Federal-aid project number on the cover of the Notice to Contractors and Special Provisions. 1-1.245 HOLIDAY 1. Every Sunday 2. January 1 st,New Year's Day 3. 3rd Monday in January, Birthday of Martin Luther King, Jr. 4.. February 12th, Lincoln's Birthday 5. 3rd Monday in February, Washington's Birthday 6. March 31 st, Cesar Chavez Day 7. Last Monday in May, Memorial Day 3 8. July 4th, Independence Day 9. 1st Monday in September, Labor Day 10. 2nd Monday in October, Columbus Day 11. November 1 Ith,Veterans Day 12. 4th Thursday in November, Thanksgiving Day 13. Day after Thanksgiving Day 14. December 25th, Christmas Day • If January 1 st, February 12th, March 31 st, July 4th, November 1 I th, or December 25th falls on a Sunday, the Monday following is a holiday. If November 1 lth falls on a Saturday, the preceding Friday is a holiday. Interpret "legal holiday" as "holiday." 1-1.475 WITHHOLD • Money temporarily or permanently taken from progress payment. Withholds are cumulative and are not retentions under Pub Cont Code § 7107. Section 1-1.255, "Legal Holidays," of the Standard Specifications is deleted. Section 1-1.265, "Manual on Uniform Traffic Control Devices," of the Standard Specifications is deleted. Section 1-1.266, "Manual on Uniform Traffic Control Devices California Supplement," of the Standard Specifications is deleted. Section 1-1.39 "State," of the Standard Specifications is amended to read: 1-1.39 STATE • The State of California, including its agencies, departments, or divisions, whose conduct or action is related to the work. SECTION 3: AWARD AND EXECUTION OF CONTRACT Issue Date: August 17, 2007 Section 3-1.025, "Insurance Policies," of the Standard Specifications is amended to read: 3-1.025 INSURANCE POLICIES • The successful bidder shall submit: 1. Copy of its commercial general liability policy and its excess policy or binder until such time as a policy is available, including the declarations page, applicable endorsements, riders, and other modifications in effect at the time of contract execution. Standard ISO form No. CG 0001 or similar exclusions are allowed if not inconsistent with Section 7-1.12, "Indemnification and Insurance." Allowance of additional exclusions is at the discretion of the Department. 2. Certificate of insurance showing all other required coverages. Certificates of insurance, as evidence of required insurance for the auto liability and any other required policy, 4 shall set forth deductible amounts applicable to each policy and all exclusions that are added by endorsement to each policy. The evidence of insurance shall provide that no cancellation, lapse, or reduction of coverage will occur without 10 days prior written notice to the Department. 3. A declaration under the penalty of perjury by a certified public accountant certifying the accountant has applied Generally Accepted Accounting Principles . (GAAP) guidelines confirming the successful bidder has sufficient.funds and resources to cover any self-insured retentions if the self-insured retention is $50,000 or higher. • If the successful bidder uses any form of self-insurance for workers compensation in lieu of an insurance policy, it shall submit a certificate of consent to self-insure in accordance with the provisions of Section 3700 of the Labor Code. Section 3-1.03, "Execution of Contract," of the Standard Specifications is amended to read: 3-1.03 EXECUTION OF CONTRACT • The contract shall be signed by the successful bidder and returned, together with the contract bonds and the documents identified in Section 3-1.025, "Insurance Policies," within 10 business days of receiving the contract for execution. Section 3-1.04, "Failure to Execute Contract," of the Standard Specifications is amended to read: 3-1.04 FAILURE TO EXECUTE CONTRACT • Failure of the lowest responsible bidder, the second lowest responsible bidder, or the third lowest responsible bidder to execute the contract as required in Section 3-1.03, "Execution of Contract," within 10 business days of receiving the contract for execution shall be just cause for the forfeiture of the proposal guaranty. The successful bidder may file with the Department a written notice, signed by the bidder or the bidder's authorized representative, specifying that the bidder will refuse to execute the contract if it is presented. The filing of this notice shall have the same force and effect as the failure of the bidder to execute the contract and furnish acceptable bonds within the time specified. Section 3-1.05, "Return of Proposal Guaranties," of the Standard Specifications is amended to read: 3-1.05 RETURN OF PROPOSAL GUARANTIES • The Department keeps the proposal guaranties of the I st, 2nd and 3rd lowest responsible bidders until the contract has been executed. The other bidders' guaranties, other than bidders' bonds, are returned upon determination of the 1 st, 2nd, and 3rd apparent lowest bidders, and their bidders' bonds are of no further effect. SECTION 4: SCOPE OF WORK Issue Date: August 17, 2007 Section 4-1.01, "Intent of Plans and Specifications," of the Standard Specifications is amended by adding the following: 5 • Nothing in the specifications voids the Contractor's public safety responsibilities. SECTION 5: CONTROL OF WORK Issue Date: February 1, 2008 Section 5, "Control of Work," of the Standard Specifications is amended by adding the following sections: 5-1.005 GENERAL • Failure to comply with any specification part is a breach of the contract and a waiver of your right to time or payment adjustment. • After contract approval, submit documents and direct questions to the Engineer. Orders, approvals, and requests to the Contractor are by the Engineer. • The Engineer furnishes the following in writing: 1. Approvals 2. Notifications 3. Orders • The Contractor must furnish the following in writing: 1. Assignments 2. Notifications 3. Proposals 4. Requests, sequentially numbered 5. Subcontracts 6. Test results • The Department rejects a form if it has any error or any omission. • Convert foreign language documents to English. • Use contract administration forms available at the Department's Web site. • If the last day for submitting a document falls on a Saturday or holiday, it may be submitted on the next business day with the same effect as if it had been submitted on the day specified. 5-1.015 RECORD RETENTION, INSPECTION, COPYING, AND AUDITING • Retain project records and make them available for inspection, copying, and auditing by State representatives from bid preparation through: 1. Final payment 2. Resolution of claims, if any • For at least 3 years after the later of these, retain and make available for inspection, copying, and auditing cost records by State representatives including: 1. Records pertaining to bid preparation 6 2. Overhead _ 3. Payroll records and certified payroll 4. Payments to suppliers and subcontractors 5. Cost accounting records 6. Records of subcontractors and suppliers • Maintain the records in an organized way in the original format, electronic and hard copy, conducive to professional review and audit. • Before contract acceptance, the State representative notifies the Contractor, .subcontractor, or supplier 5 days before inspection,copying,or auditing. • If an audit is to start more than 30 days after contract acceptance, the State representative notifies the Contractor, subcontractor, or supplier when the audit is to start. Section 5-1.01, "Authority of Engineer," of the Standard Specifications is amended by adding: • Failure to enforce a contract provision does not waive enforcement of any contract provision. Section 5-1.04, "Coordination and Interpretation of Plans, Standard Specifications, and Special Provisions," of the Standard Specifications is amended to read: 5-1.04 CONTRACT COMPONENTS • A component in one contract part applies as if appearing in each. The parts are complementary and describe and provide for a complete work. • If a discrepancy exists: 1. The governing ranking of contract parts in descending order is: 1.1. Special provisions 1.2. Project plans 1.3. Revised Standard Plans 1.4. Standard Plans 1.5. Amendments to the Standard Specifications 1.6. Standard Specifications 1.7. Project information 2. Written numbers and notes on a drawing govern over graphics 3. A detail drawing governs over a general drawing 4. A detail specification governs over a general specification 5. A specification in a section governs over a specification referenced by that section • If a discrepancy is found or confusion arises, request correction or clarification. Section 5-1.07, "Lines and Grades," of the Standard Specifications is replaced with the following: 7 5-1.07 LINES AND GRADES • The Engineer places stakes and marks under Chapter 12, "Construction Surveys," of the Department's Surveys Manual. • Submit your request for Department-furnished stakes: 1. On a Request for Construction Stakes form. Ensure: I.I. Requested staking area is ready for stakes 1.2. You use the stakes in a reasonable time 2. A reasonable time before starting an activity using the stakes • Establish priorities for stakes and note priorities on the request. • Preserve stakes and marks placed by the Engineer..If the stakes or marks are destroyed, the Engineer replaces them at the Engineer's earliest convenience and deducts the cost. Section 5-1.116, "Differing Site Conditions," is amended to read: 5-1.116 DIFFERING SITE CONDITIONS (23 CFR 635.109) 5-1.116A Contractor's Notification • Promptly notify the Engineer if you find either of the following: 1. Physical conditions differing materially from either of the following: 1.1. Contract documents 1.2. Job site examination 2. Physical conditions of an unusual nature, differing materially from those ordinarily encountered and generally recognized as inherent in the work provided for in the contract • Include details explaining the information you relied on and the material differences you discovered. • If you fail to notify the Engineer promptly, you waive the differing site condition claim for the period between your discovery of the differing site condition.and your notification to the Engineer. • If you disturb the site after discovery and before the Engineer's investigation, you waive the differing site condition claim. 5-1.116B Engineer's Investigation and Decision • Upon your notification, the Engineer investigates job site conditions and: 1. Notifies you whether to resume affected work 2. Decides whether the condition differs materially and is cause for an adjustment of time, payment, or both 5-1.116C Protests • You may protest the Engineer's decision by: 8 1. Submitting an Initial Notice of Potential Claim within 5 business days after receipt of the Engineer's notification 2. Complying with claim procedures • The Initial Notice of Potential Claim must detail the differences in your position from the Engineer's determination and support your position with additional information, including additional geotechnical data. Attach to the Initial Notice of Potential Claim a certification stating that you complied with Section 2-1.03, "Examination of Plans, Specifications, Contract, and Site of Work." • Promptly submit supplementary information when obtained. SECTION 6: CONTROL OF MATERIALS Issue Date: August 17, 2007 Section 6-1.05, "Trade Name_s and Alternatives," of the Standard Specifications is amended . to read: 6-1.05 Specific Brand or Trade Name and Substitution • A reference to a specific brand or trade name establishes a quality standard and is not intended to limit competition. You may use a product that is equal to or better than the specified brand or trade name if approved. • Submit a substitution request within a time period that: 1. Follows Contract award 2. Allows 30 days for review 3. Causes no delay • Include substantiating data with the substitution request that proves the substitution: 1. Is of equal or better quality and suitability 2. Causes no delay in product delivery and installation Section 6, "Control of Materials," of the Standard Specifications is amended by adding the following sections:. 6-1.085 BUY AMERICA(23 CFR 635.410) • For a Federal-aid contract,furnish steel and iron materials to be incorporated into the work that are produced in the United States except: 1. Foreign pig iron and processed, pelletized, and reduced iron ore may be used in the domestic production of the steel and iron materials [60 Fed Reg 15478 (03/24/1995)] 2. If the total combined cost of the materials does not exceed the greater of 0.1 percent of the total bid or $2,500, material produced outside the United States may be used • Production includes: 9 I. Processing steel and iron materials, including smelting or other processes that alter the physical form or shape (such as rolling, extruding, machining, bending, grinding, and drilling) or chemical composition 2. Coating application, including epoxy coating, galvanizing, and painting, that protects or enhances the value of steel and iron materials • For steel and iron materials to be incorporated into the work, submit a Certificate of Compliance under Section 6-1.07, "Certificates of Compliance," of the Standard Specifications that certifies all production processes occurred in the United States except for the above exceptions. 6-1.087 BUY AMERICA (PUB RES CODE § 42703(d)) • Furnish crumb rubber to be incorporated into the work that is produced in the United States and is derived from waste tires taken from vehicles owned and operated in the United States. • For crumb rubber to be incorporated into the work, submit a Certificate of Compliance under Section 6-1.07, "Certificates of Compliance," of the Standard Specifications that certifies only crumb rubber manufactured in the United States and derived from waste tires taken from vehicles owned and operated in the United States is used. The 7th and 8th paragraph of Section 6-2.01, "General," of the Standard Specifications are amended to read: • Upon the Contractor's written request, the Department tests materials from an untested local source. If satisfactory material from that source is used in the work, the Department does not charge the Contractor for the tests; otherwise, the Department deducts the test cost. The 2nd sentence of the 7th paragraph of Section 6-2.02, "Possible Local Material Sources," of the Standard Specifications is amended to read: • The Department deducts the charges for the removed material. SECTION 7: LEGAL RELATIONS AND RESPONSIBILITIES Issue Date: February 1, 2008 Section 7-1.01, "Laws To Be Observed," of the Standard Specifications is amended to read: 7-1.01 LAWS TO BE OBSERVED • Comply with laws, regulations, orders, decrees, and permits applicable to the project. Indemnify and defend the State against any claim or liability arising from the violation of a law, regulation, order, decree, or permit by you or your employees. Immediately report to the Engineer in writing a discrepancy or inconsistency between the contract and a law, regulation, order, decree, or permit. The 3rd listed requirement of the Ist paragraph of Section 7-1.O1A(2), "Prevailing Wage," of the Standard Specifications is amended to read: 10 3. Upon becoming aware of the subcontractor's failure to pay the specified prevailing rate of wages to the subcontractor's workers, the Contractor must diligently take corrective action to stop or rectify the failure, including withholding sufficient funds due the subcontractor for work performed on the public works project. The 2nd paragraph of Section 7-1.01A(2), "Prevailing Wage," of the Standard Specifications is amended to read: • Pursuant to Section 1775 of the Labor Code, the Division of Labor Standards Enforcement must notify the Contractor on a public works project within 15 days of the receipt by the Division of Labor Standards Enforcement of a complaint of the failure of a subcontractor on that public works project to pay workers the general prevailing rate of per diem wages. If the Division of Labor Standards Enforcement determines that employees of a subcontractor were not paid the general prevailing rate of per diem wages and if the Department did not withhold sufficient money under the contract to pay those employees the balance of wages owed under the general prevailing rate of per diem wages, the Contractor must withhold an amount of moneys due the subcontractor sufficient to pay those employees the general prevailing rate of per diem wages if requested by the Division of Labor Standards Enforcement. The Contractor must pay any money withheld from and owed to a subcontractor upon receipt of notification by the Division of Labor Standards Enforcement that the wage complaint has been resolved. If notice of the resolution of the wage complaint has not been received by the Contractor within 180 days of the filing of a valid notice of completion or acceptance of the public works project, whichever occurs later, the Contractor must pay all moneys withheld from the subcontractor to the Department. The Department withholds these moneys pending the final decision of an enforcement action. The .2nd paragraph of Section 7-1.01A(3), "Payroll Records," of the Standard Specifications is amended to read: - The Department withholds the penalties specified in subdivision (g) of Labor Code § 1776 for noncompliance with the requirements in Section 1776. The 4th paragraph of Section 7-1.01A(3), "Payroll Records," of the Standard Specifications is amended to read: The Department withholds for delinquent or inadequate payroll records (Labor Code § 1771.5). If the Contractor has not submitted an adequate payroll record by the month's 15th day for the period ending on or before the 1st of that month, the Department withholds 10 percent of the monthly progress estimate, exclusive of mobilization. The.Department does not withhold more than$10,000 or less than $1,000. The 5th paragraph of Section 7-1.01A(3), "Payroll Records," of the Standard Specifications is deleted. Section 7-1.01A(6), "Workers' Compensation,". of the Standard Specifications is amended to read: 7-1.101A(6) (Blank) 11 The fourth sentence of the second paragraph of Section 7-1.02, "Load Limitations," of the Standard Specifications is amended to read: • Trucks used to .haul treated base, portland cement concrete, or hot mix asphalt shall enter onto the base to dump at the nearest practical entry point ahead of spreading equipment. The first sentence of the eighth paragraph of Section 7-1.09, "Public Safety,". of the Standard Specifications is amended to read: • Signs, lights, flags, and other warning:and safety devices and their use shall conform to .the requirements set forth in Part 6 of the California MUTCD. The sixteenth paragraph of Section 7-1.09, "Public Safety;" of the Standard Specifications is amended to read: • When vertical clearance is temporarily reduced to 15.5 feet or less, low clearance warning signs shall be placed in accordance with Part 2.of the California MUTCD and as directed by the Engineer. . Signs shall conform to the dimensions, color, and legend requirements of the California MUTCD and these specifications. except that the signs, shall have black letters and numbers on an orange retroreflective background. W12-2P signs shall be illuminated so that the signs are clearly visible. The.last sentence of the 2nd paragraph of Section 7-1.11, "Preservation of Property,". of the Standard Specifications is amended to read: • The cost of the repairs must be borne by the Contractor and will be deducted. Section 7-1.12, "Indemnification and Insurance," of the Standard Specifications is amended to read: 7-1.12 INDEMNIFICATION AND INSURANCE • The Contractor's obligations regarding indemnification of the State of California and the requirements for insurance shall conform to the provisions in Section 3-1.025, "Insurance Policies," and Sections 7-1.12A, "Indemnification," and 7-1.12B, "Insurance," of this Section 7-1.12. 7-1.12A Indemnification • The Contractor shall defend, indemnify, and save harmless the State, including its officers,.employees, and agents (excluding agents who are design professionals) from any and all claims, demands, causes of action, damages, costs, expenses, actual attorneys' fees, losses or liabilities, in law or in equity (Section 7-1.12A Claims) arising out of or in connection with the Contractor's performance of this contract for: 1. Bodily injury including, but not limited to, bodily injury, sickness or disease, emotional injury or death to persons, including, but not limited to, the public, any employees or agents of the Contractor, the State, or any other contractor; and 2. Damage to property of anyone including loss of use thereof;. caused or alleged to be caused in whole or in part by any negligent or otherwise legally actionable act or 12 omission of the Contractor or anyone directly or indirectly employed by the Contractor or anyone for whose acts the Contractor may be liable. • Except as otherwise provided by law, these requirements apply regardless of the existence or degree of fault of the State. The Contractor is not obligated to indemnify the State for Claims arising from conduct delineated in Civil Code Section 2782 and to Claims arising from any defective or substandard condition of the highway that existed at or before the start of work, unless this condition has been changed by the work or the scope of the work requires the Contractor to maintain existing highway facilities and the Claim arises from the Contractor's failure to maintain. The Contractor's defense and indemnity obligation shall extend to Claims arising after the work is completed and accepted if the Claims are directly related to alleged acts or omissions by the Contractor that occurred during the course of the work. State inspection is not a waiver of full compliance with these requirements. �ontractor's The Contractor's obligation to defend and indemnify shall not be excused because of the inability to evaluate liability or because the Contractor evaluates liability and determine that the Contractor is not liable. The Contractor shall respond within 30 days to the tender of any Claim for defense and indemnity by the State, unless this time has been extended by the State. If the Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any other remedy authorized by law,the Department may withhold such funds the State reasonably considers necessary for its defense and indemnity until disposition has been made of the Claim or until the Contractor accepts or rejects the tender of defense, whichever occurs first. • With respect to third-party claims against the Contractor, the Contractor waives all rights of any type to express or implied indemnity against the State, its officers, employees, or agents (excluding agents who are design professionals). • Nothing in the Contract is intended to establish a standard of care owed to any member. of the public or to extend to the public the status of a third-party beneficiary for any of these indemnification specifications. 7-1.12B Insurance 7-1.1211(1) General • Nothing in the contract is intended to establish a standard of care owed to any member of the public or to extend to the public the status of a third-party beneficiary for any of these insurance specifications. 7-1.12B(2) Casualty Insurance • The Contractor shall procure and maintain insurance on all of its operations with companies acceptable to the State as follows: 1. The Contractor shall keep all insurance in full force and effect from the beginning of the work through contract acceptance. 2. All insurance shall be with an insurance company with a rating from A.M. Best Financial Strength Rating of A- or better and a Financial Size Category of VII or better. 3. The Contractor shall maintain completed operations coverage with a carrier acceptable to the State through the expiration of the patent deficiency in construction statute of repose set forth in Code of Civil Procedure Section 337.1. 13 7-1.12B(3) Workers' Compensation and Employer's Liability Insurance • In accordance with Labor Code Section 1860, the Contractor shall secure the payment Of worker's compensation in accordance with Labor Code Section 3700. • In accordance with Labor Code Section 1861, the Contractor shall submit to the Department the following certification before performing the work: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be. insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. • Contract execution constitutes certification submittal. • The Contractor shall provide Employer's Liability Insurance in amounts not less than: 1. $1,000,000 for each accident for bodily injury by accident 2. $1,000,000 policy limit for bodily injury by disease 3. $1,000,000 for each employee for bodily injury by disease • If there is an exposure of injury to the Contractor's employees under the U.S. Longshoremen's and Harbor Workers' Compensation Act, the Jones Act, or under laws, regulations, or statutes applicable to maritime employees, coverage shall be included for such injuries or claims. 7-1.12B(4) Liability Insurance 7-1.12B(4)(a) General • The Contractor shall carry General Liability and Umbrella or Excess Liability Insurance covering all operations by or on behalf of the Contractor providing insurance for bodily injury liability and property damage liability for the following limits and including coverage for: 1. Premises, operations, and mobile equipment 2. Products and completed operations 3. Broad form property damage (including completed operations) 4. Explosion, collapse, and underground hazards 5. Personal injury 6. Contractual liability 7-1.12B(4)(b) Liability Limits/Additional Insureds • The limits of liability shall be at least the amounts shown in the following table: 14 Total Bid For Each Aggregate for General Umbrella or Occurrence) Products/Comple Aggregate Z Excess ted Operation Liability' <$1,000,000 $1,000,000 $2,000,000 $2,000,000 $5,000,000 >$1,000,000 <$5,000,000 $1,000,000 $2,000,000 $2,000,000 $10,000,000 >$5,000,000 <$25,000,000 $2,000,000 $2,000,000 $4,000,000 $15,000,000 >$25,000,000 $2,000,000 $2,000,000 $4,000,000 $25,000,000 1. Combined single limit for bodily injury and property damage. 2. This limit shall apply separately to the Contractor's work under this contract. 3. The umbrella or excess policy shall contain a clause stating that it takes effect (drops down)in the event the primary limits are impaired or exhausted. • The Contractor shall not require certified Small Business subcontractors to carry Liability Insurance that exceeds the limits in the table above. Notwithstanding the limits specified herein, at the option of the Contractor, the liability insurance limits for certified Small Business subcontractors of any tier may be less than those limits specified in the table. For Small Business subcontracts, "Total Bid" shall be interpreted as the amount of subcontracted work to a certified Small Business. • The State, including its officers, .directors, agents (excluding agents who are design professionals), and employees, shall be named as additional insureds under the General Liability and Umbrella Liability Policies with respect to liability arising out of or connected with work or operations performed by or on behalf of the Contractor under this contract. . Coverage for such additional insureds does not extend to liability: 1. Arising from any defective or substandard condition of the roadway which existed at or before the time the Contractor started work, unless such condition has been changed by the work or the scope of the work requires the Contractor to maintain existing roadway facilities and the claim arises from the Contractor's failure to maintain; 2. For claims occurring after the work is completed and accepted unless these claims are directly related to alleged acts or omissions of the Contractor that occurred during the course of the work;or 3. To the extent prohibited by Insurance Code Section 11580.04 • Additional insured coverage shall be provided by a policy provision or by an endorsement providing coverage at least as broad as Additional Insured (Form B) endorsement form CG 2010, as published by the Insurance Services Office (ISO), or other form designated by the Department. 7-1.12B(4)(c) Contractor's Insurance Policy is Primary • The policy shall stipulate that the insurance afforded the additional insureds applies as primary insurance. Any other insurance or self-insurance maintained by the State is excess only and shall not be called upon to contribute with this insurance. 7-1.121)(5) Automobile Liability Insurance • The Contractor shall carry automobile liability insurance, including coverage for all owned, hired, and nonowned automobiles. The primary limits of liability shall be not less than $1,000,000.combined single limit each accident for bodily injury and property damage. The 15 umbrella or excess liability coverage required under Section 7-1.12B(4)(b) also applies to automobile liability. 7-1.12B(6) Policy Forms, Endorsements, and Certificates • The Contractor shall provide its General Liability Insurance under Commercial General Liability policy form No. CG0001 as published by the Insurance Services Office (ISO) or under a policy form at least as broad as policy form No. CG0001. 7-1.12B(7) Deductibles • The State may expressly allow deductible clauses, which it does not consider excessive, overly broad, or harmful to the interests of the State. Regardless of the allowance of exclusions or deductions by the State, the Contractor is responsible for any deductible amount and shall warrant that the coverage provided to the State is in accordance with Section 7-1.1213, "Insurance." 7-1.12B(8) Enforcement • The Department may assure the Contractor's compliance with its insurance obligations. Ten days before an insurance policy lapses or is canceled during the contract period, the Contractor shall submit to the Department evidence of renewal or replacement of the policy. • If the Contractor fails to maintain any required insurance coverage, the Department may maintain this coverage and withhold or charge the expense to the Contractor or terminate the Contractor's control of the work in accordance with Section 8-1.08, "Termination of Control." • The Contractor is not relieved of its duties and responsibilities to indemnify, defend, and hold harmless the State, its officers, agents, and employees by the Department's acceptance of insurance policies and certificates. • Minimum insurance coverage amounts do not relieve the Contractor for liability in excess of such coverage, nor do they preclude the State from taking other actions available to it, including the withholding of funds under this contract. 7-1.12B(9) Self-Insurance • Self-insurance programs and self-insured retentions in insurance policies are subject to separate annual review and approval by the State. • If the Contractor uses a self-insurance program or self-insured retention, the Contractor shall provide the State with the same protection from liability and defense of suits as would be afforded by first-dollar insurance. Execution of the contract is the Contractor's acknowledgement that the Contractor will be bound by all laws as if the Contractor were an insurer as defined under Insurance Code Section 23 and that the self-insurance program or self-insured retention shall operate as insurance as defined under Insurance Code Section 22. SECTION 8: PROSECUTION AND PROGRESS Issue Date: August 17, 2007 The 2nd paragraph of Section 8-1.02, "Assignment," of the Standard Specifications is amended to read: 16 • If the Contractor assigns the right to receive contract payments, the Department accepts the assignment upon the Engineer's receipt of a notice. Assigned payments remain subject to deductions and withholds described in the contract. The Department may use withheld payments for work completion whether payments are assigned or not. SECTION 9: MEASUREMENT AND PAYMENT Issue Date: August 17, 2007 The last sentence of the 1st paragraph of Section 9-1.02, "Scope of Payment," of the Standard Specifications is amended to read: �ontractor Neither the payment of any estimate nor of any retained percentage or withhold relieves the of any obligation to make good any defective work or material. The 6th paragraph of Section 9-1.03C, "Records," of the Standard Specifications is deleted. The 2nd sentence of the 14th paragraph of Section 9-1.04, "Notice of Potential Claim," of the Standard Specifications is amended to read: • Administrative disputes are disputes of administrative deductions or withholds, contract item quantities, contract item adjustments, interest payments, protests of contract change orders as provided in Section 4-1.03A, "Procedure and Protest," and protests of the Weekly Statement of Working Days as provided in Section 8-1.06, "Time of Completion." Section 9-1.05, "Stop Notices," of the Standard Specifications is.amended to read: 9-1.05 STOP NOTICE WITHHOLDS • The Department may withhold payments to cover claims filed under Civ Code § 3179 et.seq. Section 9, "Measurement and Payment," of the Standard Specifications is amended by adding the.following sections: 9-1.053 PERFORMANCE FAILURE WITHHOLDS • During each estimate period you fail to comply with a contract part, including submittal Of a document as specified, the Department withholds a part of the progress payment. The documents include quality control plans, schedules, traffic control plans, and water pollution control submittals. • For 1 performance failure, the Department withholds 25 percent of the progress payment but does not withhold more than 10 percent of the total bid. • For multiple performance failures; the Department withholds 100 percent of the progress payment but does not withhold more than 10 percent of the total bid. • The Department returns performance-failure withholds in the progress payment following the correction of noncompliance. 17 9-1.055 PENALTY WITHHOLDS • Penalties include fines and damages that are proposed, assessed, or levied against you or the Department by a governmental agency or citizen lawsuit. Penalties are also payments made or costs incurred in settling alleged permit violations of Federal, State, or local laws, regulations, or requirements. The cost incurred may include the amount spent for mitigation or correcting a violation. • If you or the Department is assessed a penalty, the Department may withhold the penalty amount until the penalty disposition has been resolved. The Department may withhold penalty funds and notify you within 15 days of the withhold. If the penalty amount is less than the amount being withheld from progress payments for retentions, the Department will not withhold the penalty amount. • If the penalty is resolved for less than the amount withheld, the Department pays interest at a rate of 6 percent per year on the excess withhold. If the penalty is not resolved, the withhold becomes a deduction. • Instead of the withhold, you may provide a bond payable to the Department of Transportation equal to the highest estimated liability for any disputed penalties proposed. 9-1.065 RELEASE OF RETAINED FUNDS • The Department releases retained funds if you: 1. Request release of the retention (Pub Cont Code § 10263) in writing 2. Deposit securities equivalent to the funds you want released into escrow with the State Treasurer or with a bank acceptable to the Department 3. Are the beneficial owner of and receive interest on the deposited securities substituted for the retained funds The 2nd sentence Section 9-1.07A, "Payment Prior to Proposed Final Estimate," of the Standard Specifications is amended to read: • The Department pays the balance due less previous payments, deductions, withholds, and retentions under the provisions of the contract and those further amounts that the Engineer determines to be necessary pending issuance of the proposed final estimate and payment thereon. The 1st paragraph of Section 9-1.07B, "Final Payment and Claims," of the Standard Specifications is amended to read: • After acceptance by the Director, the Engineer makes a proposed final estimate of the total amount payable to the Contractor, including an itemization of the total amount, segregated by contract item quantities, extra work, and other basis for payment, and shows each deduction made or to be made for prior payments and amounts to be deducted, withheld, or retained under the provisions of the contract. Prior estimates and payments are subject to correction in the proposed final estimate. The Contractor must submit written approval of the proposed final estimate or a written statement of claims arising under or by virtue of the contract so that the Engineer receives the written approval or statement of claims no later than close of business of the 30th day after receiving the proposed final estimate. The Contractor's receipt of the proposed final estimate must be evidenced by postal receipt. The Engineer's receipt of the Contractor's written approval or statement of claims must be evidenced by postal receipt or.the Engineer's written receipt if delivered by hand. 18 SECTION 12: CONSTRUCTION AREA TRAFFIC CONTROL DEVICES Issue Date: October 6, 2006 The first sentence of the second paragraph of Section 12-1.01, "Description," of the Standard Specifications is amended to read: • Attention is directed to Part 6 of the California MUTCD. Section 12-2.01, "Flaggers," of the Standard Specifications is amended to read: 12-2.01 FLAGGERS • Flaggers while on duty and assigned to traffic control or to give warning to the public that the highway is under construction and of any dangerous conditions to be encountered as a result thereof, shall perform their duties and shall be provided with the necessary equipment in conformance with Part 6 of the California MUTCD. The equipment shall be furnished and . kept clean and in good repair by the.Contractor at the Contractor's expense. The first paragraph of Section 12-3.01, "General," of the Standard Specifications is amended to read: • In addition to the requirements in Part 6 of the California MUTCD, all devices used by the Contractor in the performance of the work shall conform to the provisions in this Section 12-3. The second sentence of the first paragraph of Section 12-3.06, "Construction Area Signs," of the Standard Specifications is amended to read: • Construction area signs are shown in or referred to in Part 6 of the California MUTCD. The first sentence of the fourth paragraph of Section 12-3.06, "Construction Area Signs," of the Standard Specifications is amended to read: • All construction area signs shall conform to the dimensions, color and legend requirements of the plans, Part 6 of the California MUTCD and these specifications. The first sentence of the eighth paragraph of Section 12-3.06, "Construction Area Signs," of the Standard Specifications is amended to read: • Used signs with the specified sheeting material will be considered satisfactory if they conform to the requirements for visibility and legibility and the colors conform to the requirements in Part 6 of the California MUTCD. 19 SECTION 19: EARTHWORK Issue Date: July 31, 2007 Section 19-1.03, "Grade Tolerance," of the Standard Specifications is amended to read: • Immediately prior to placing subsequent layers of material thereon, the grading plane shall conform to one of the following: A. When hot mix asphalt is to be placed on the grading plane, the grading plane at any point shall not vary more than 0.05-foot above or below the grade established by the Engineer. B. When subbase or base material to be placed on the grading plane is to be paid for by the ton, the grading plane at any point shall not vary more than 0.10-foot above or below the grade established by the Engineer. C. When the material to be placed on the grading plane is to be paid for by the cubic yard, the grading plane at any point shall be not more than 0.05-foot above the grade established by the Engineer. The first paragraph of Section 19-3.025C, "Soil Cement Bedding," of the Standard Specifications is amended to read: • ..Cementitious material used in soil cement bedding shall conform to the provisions in Section 90-2.01, "Cementitious Materials." Supplementary cementitious material will not be required. The fourth paragraph of Section 19-3.025C, "Soil Cement Bedding," of the Standard Specifications is amended to read: • The aggregate, cementitious material, and water shall be proportioned either by weight or by volume. Soil cement bedding shall contain not less than 282 pounds of cementitious material per cubic yard. The water content shall be sufficient to produce a fluid, workable mix that will flow and can be pumped without segregation of the aggregate while being placed. The first paragraph of Section 19-3.062, "Slurry Cement Backfill," of the Standard Specifications is amended to read: • Slurry cement backfill shall consist of a fluid, workable mixture of aggregate, cementitious material, and water. The fifth paragraph of Section 19-3.062, "Slurry Cement Backfill," of the Standard Specifications is amended to read: • Cementitious material shall conform to the provisions in Section 90-2.01, "Cementitious Materials." Supplementary cementitious material will not be required. The eighth paragraph of Section 19-3.062, "Slurry Cement Backfill," of the Standard Specifications is amended to read: 20 • The aggregate, cementitious material, and water shall be proportioned either by weight or by volume. Slurry cement backfill shall contain not less than 188 pounds of cementitious material per cubic yard. The water content shall be sufficient to produce a fluid, workable mix that will flow and can be pumped without segregation of the aggregate while being placed. SECTION 26: AGGREGATE BASE Issue Date: February 16, 2007 The first paragraph of Section 26-1.02A, "Class 2 Aggregate Base," of the Standard Specifications is amended to read: • Aggregate must be clean and free from organic matter and other deleterious substances. Aggregate must consist of any combination of: 1. Broken stone 2. Crushed gravel 3. Natural rough surfaced gravel 4. Sand 5. Up to 100 percent of any combination of processed: 5.1. Asphalt concrete 5.2. Portland cement concrete 5.3. Lean concrete base 5.4. Cement treated base The first paragraph of Section 26-1.02B, "Class 3 Aggregate Base," of the Standard Specifications is amended to read: • Aggregate must be clean and free from organic matter and other deleterious substances. Aggregate must consist of any combination of: 1. Broken stone 2. Crushed gravel 3. Natural rough surfaced gravel 4. Sand 5. Up to 100 percent of any combination of processed: 5.1. Asphalt concrete 5.2. Portland cement concrete 5.3. Lean concrete base 5.4. Cement treated base SECTION 39: HOT MIX ASPHALT Issue Date: July 31, 2007 21 39-1 GENERAL 39-1.01 DESCRIPTION • Section 39 includes specifications for producing and placing hot mix asphalt(HMA) by mixing aggregate and asphalt binder at a mixing plant and spreading and compacting the HMA mixture. • The special provisions specify the HMA type as: 1. Type A 2. Type B 3. Open graded friction course (OGFC). OGFC includes rubberized hot mix asphalt — open graded (RHMA-O) and rubberized hot mix asphalt open graded high binder (RHMA-O-HB) 4. Rubberized hot mix asphalt—gap graded (RHMA-G) • The special provisions specify the HMA construction process as: 1. Standard 2. Method 3. Quality Control/Quality Assurance (QC /QA) 39-1.02 MATERIALS 39-1.02A GEOSYNTHETIC PAVEMENT INTERLAYER • Geosynthetic pavement interlayer must comply with the specifications for pavement reinforcing fabric in Section 88, "Engineering Fabrics." 39-1.02B TACK COAT • Tack coat must comply with the specifications for asphaltic emulsion in Section 94, "Asphaltic Emulsion," or asphalt binder in Section 92, "Asphalts." Choose the type and grade. 39-1.02C ASPHALT BINDER • Asphalt binder in HMA must comply with Section 92, "Asphalts," or Section 39-1.02D, "Asphalt Rubber Binder." The special provisions specify the grade. Asphalt binder for geosynthetic pavement interlayer must comply with Section 92, "Asphalts." Choose from Grades PG 64-10, PG 64-16, or PG 70-10. 39-1.02E AGGREGATE • Aggregate must be clean and free from deleterious substances. Aggregate: 1. Retained on the No. 4 sieve is coarse 2. Passing the No. 4 sieve is fine 3. Added and passing the No. 30 sieve is supplemental fine, including: 3.1. Hydrated lime 3.2. Portland cement 3.3. Fines from dust collectors The special provisions specify the aggregate gradation for each HMA type. 22 • The specified aggregate gradation is before the addition of asphalt binder and includes supplemental fines. The Engineer tests for aggregate grading under California Test 202, modified by California Test 105 if there is a difference in specific gravity of 0.2 or more between the coarse and fine parts of different aggregate blends. • Choose a sieve size target value (TV) within each target value limit presented in the aggregate gradation tables. Aggregate Gradation (Percentage Passing) HMA Types A and B 3/4–inch HMA Types A and B Sieve Sizes Target Value Limits Allowable Tolerance 1" 100 — 3/4" 90 - 100 TV±5 1/2" 70 -90 TV ±6 No. 4 45 - 55 TV f7 No. 8 32 - 40 TV±5 No. 30 12 - 21 TV±4 No. 200 2 - 7 TV f2 1/2–inch HMA Types A and B Sieve Sizes Target Value Limits Allowable Tolerance 3/4" 100 — 1/2" 95 - 99 TV±6 3/8" 75 - 95 TV f6 No. 4 55 - 66 TV f7 No. 8 38 - 49 TV f5 No. 30 15 - 27 TV t4 No. 200 2 - 8 TV f2 3/8–inch HMA Types A and B Sieve Sizes Target Value Limits Allowable Tolerance 1/2" 100 — 3/8" 95 - 100 TV±6 No. 4 58 - 72 TV f7 No. 8 34 -48 TV f6 No. 30 18 - 32 TV f5 No. 200 2 - 9 TV f2 No. 4 HMA Types A and B Sieve Sizes Target Value Limits Allowable Tolerance 3/8" 100 No. 4 95 - 100 TV f7 No. 8 72 - 77 TV f7 No. 30 37 - 43 TV t7 No. 200 2 - 12 TV ±4 23 Rubberized Hot Mix Asphalt- Gap Graded (RHMA-G) 3/4–inch RHMA-G Sieve Sizes Target Value Limits Allowable Tolerance 1" 100 — 3/4" 95 - 100 TV f5 1/2" 83 - 87 TV t6 3/8" 65 - 70 TV f6 No. 4 28 -42 TV±7 No. 8 14-:22 TV f5 No. 200 - 0 - 6 TV t2 1/2–inch RHMA-G Sieve Sizes Target Value Limits Allowable Tolerance 3/4" 100 — 1/2" 90 - 100 TV t6 3/8" 83 - 87 TV±6 No. 4 28 - 42 TV f7 No. 8 14 - 22 TV f5 No. 200 .0 - 6 TV t2 Open Graded Friction Course (OGFC) 1–inch OGFC Sieve Sizes Target Value Limits Allowable Tolerance 1 1/2 100 — 1" 99- 100 TV f5 3/4" 85 - 96 TV±5 1/2" 55 - 71 TV f6 No. 4 10 - 25 TV f7 No. 8 6 - 16 TV t5 No. 200 1 - 6 TV f2 1/2–inch OGFC Sieve Sizes Target Value Limits Allowable Tolerance 3/4" 100 — 1/2" 95 - 100 TV±6 3/8" 78 - 89 TV±6 No. 4 28 -37 TV t7 No. 8 7 - 18 TV f5 No. 30 0 - 10 TV f4 No. 200 0 - 3 TV f2 3/8–inch OGFC Sieve Sizes Target Value Limits Allowable Tolerance 1/211 100 — 3/8" 90 - 100 TV f6 No. 4 29 - 36 TV f7 24 No. 8 7 - 18 TV±6 No. 30 0 - 10 TV f5 No. 200 0 - 3 TV f2 • Before the addition of asphalt binder, aggregate must comply with: Aggregate Quali Quality Characteristic Test HMA Type Method A B RHMA-G OGFC Percent of crushed particles CT 205 Coarse aggregate (% min.) One fractured face 90 25 -- 90 Two fractured faces 75 -- 90 75 Fine aggregate (%min) (Passing No.4 sieve 70 20 70 90 and retained on No. 8 sieve.) Los Angeles Rattler(% Max.) CT 211 Loss at 100 Rev. 12 -- 12 12 Loss at-500 Rev. 45 50 40 40 Sand equivalent a (min.) CT 217 47 42 47 -- Fine aggregate angularity(% AASHTO min.)b T 304 45 45 45 - Method A Flat and elongated particles ASTM (% max. @ 5:1) D 4791 10 10 10 10 KC factor(max.) CT 303 1.7 1.7 1.7 -- -Kf factor(max.) CT 303 1.7 1.7 1.7 -- Notes: a. Reported value must be the average of 3 tests from a single sample. b. The Engineer waives this specification if HMA contains less than 10 percent of nonmanufactured sand by weight of total aggregate. 39-1.03 HOT MIX ASPHALT MIX DESIGN REQUIREMENTS 39-1.03A GENERAL • A mix design consists of performing California Test 367 and laboratory procedures on. combinations of aggregate gradations and asphalt binder contents to determine the optimum binder content (OBC) and HMA mixture qualities. If RAP is used, use Laboratory Procedure LP-9. The result of the mix design becomes the proposed JMF. • Use Form HMA-102 to document aggregate quality and mix design data. Use Form HMA-101 to present the JMF. • Laboratories testing aggregate qualities and preparing the mix design and JMF must be qualified under the Department's Independent Assurance Program. Take samples under California Test 125. • The Engineer reviews the aggregate qualities, mix design, and JMF and verifies and accepts the JMF. • You may change the JMF during production. Do not use the changed JMF until the Engineer accepts it. Except when adjusting the JMF in compliance with Section 39-1.03E, 25 "Job Mix Formula Verification," perform a new mix design and submit in writing a new JMF submittal for changing: 1. Target asphalt binder percentage 2. Asphalt binder supplier 3. Asphalt rubber binder supplier 4. Component materials used in asphalt rubber binder or percentage of any component materials 5. Combined aggregate gradation 6. Aggregate sources 7. Substitution rate for RAP aggregate of more than 5 percent 8. Any material in the JMF • For OGFC, submit in writing a complete JMF submittal except asphalt binder content. The Engineer determines the asphalt binder content under California Test 368 within 20 days of your complete JMF submittal and provides you a Form HMA-103. 39-1.03B HOT MIX ASPHALT FOR JOB MIX FORMULA • Determine the proposed JMF from a mix design that complies with: Hot Mix Asphalt for Job Mix Formula Quality Characteristic Test HMA Type Method A B RHMA-G Air voids content(%) CT 367a 4.0 4.0 Special Provisions Voids in mineral aggregate (% LP-2 min.) 17 17 No.4 grading 15 15 -- 3/8"grading 14 14 18—236 1/2"grading 13 13 18 —236 3/4"grading Voids filled with asphalt(%) LP-3 65 - 75 65 - 75 Note d Dust proportion LP-4 No.4 and 3/8"gradings 0.9-2.0 0.9 -2.0 Note d 1/2"and 3/4"gradings 0.6- 1.3 0.6- 1.3 Stabilometer value'(min.) CT 366 No.4 and 3/8"gradings 30 30 -- 1/2"and 3/4"gradings 37 1 35 23 Notes: a. Calculate the air voids content of each specimen using California Test 309 and Lab Procedure LP-1. Modify California Test 367, Paragraph C5, to use the exact air voids content specified in the selection of OBC. b. Voids in mineral aggregate for RHMA-G must be within this range. c. Modify California Test 304, Part 2.B.2.c: "After compaction in the compactor, cool to 140 degrees f 5 degrees F by allowing the briquettes to cool at room temperature for 0.5-hour, then place the briquettes in the oven at 140 degrees F for a minimum of 2 hours and not more than 3 hours." d. Report this value in the JMF submittal. 26 _ For mix design, prepare 3 briquettes separately at the proposed JMF and test for compliance. Report the average of 3 tests. Prepare new briquettes and test if the range of stability for the 3 briquettes is more than 12 points. 39-1.03C JOB MIX FORMULA SUBMITTAL • Each JMF submittal must consist of: 1. Proposed JMF on Form HMA-101 2. Aggregate quality test data on Form HMA-102 3. Asphalt rubber binder design and profile on Form HMA-102 4. Mix design data on Form HMA-102 5. JMF verification on Form HMA-103, if applicable 6. Materials Safety Data Sheets (MSDS) for: 6.1. Asphalt binder 6.2. Base asphalt binder used in asphalt rubber binder 6.3. CRM and asphalt modifier used in asphalt rubber binder 6.4. Blended asphalt rubber binder mixture 6.5. Supplemental fine aggregate except fines from dust collectors 6.6. Anti-strip additives 7. Material samples submitted in labeled containers weighing no more than 50 pounds each(notify the Engineer at least 2 business days before sampling materials): 7.1. Coarse, fine, and supplemental fine aggregate from stockpiles, cold feed belts, or hot bins. Samples must .include at least 120 pounds for each coarse aggregate, 80 pounds for each fine aggregate, and 10 pounds for each type of supplemental fines. 7.2. RAP from stockpiles or RAP system. Samples must be at least 60 pounds. 7.3. Asphalt binder from the binder supplier. Samples must be in two 1-quart cylindrical shaped cans with open top and friction lids. 7.4.. Asphalt rubber binder with the components blended in the proportions to be used. Samples must be in four 1-quart cylindrical .shaped cans with open top and friction lids. 39-1.03D JOB MIX FORMULA REVIEW • The Engineer reviews each mix design and proposed JMF within 5 business days from the complete JMF submittal. The review consists of reviewing the mix design procedures and comparing the proposed JMF with the specifications. • The Engineer may verify aggregate qualities during this review period. 39-1.03E JOB MIX FORMULA VERIFICATION • If you cannot submit a Department-verified JMF on Form HMA-103 dated within 12 months before HMA production,the Engineer verifies the JMF. The Engineer verifies each proposed JMF within 20 days from the complete JMF submittal. Verification consists of testing for compliance with the specifications. 27 • Based on your testing and production experience, you may submit in writing on Form HMA-101 an adjusted JMF before the Engineer's verification testing. JMF adjustments may include a change in the: 1. Asphalt binder content target value up to f0.3 percent except do not adjust the target value for asphalt rubber binder for RHMA-G below 7.0 percent 2. Aggregate gradation target values within the target value limits specified in the aggregate gradation tables • Test samples from the HMA plant to be used to determine possible JMF adjustments. • For HMA Type A, Type B, and RHMA-G, the Engineer verifies the JMF from samples taken from the HMA plant to be used. The Engineer verifies the JMF by testing plant- produced samples for: 1. Aggregate quality 2. Aggregate gradation(JMF TV ± tolerance) 3. Asphalt binder content(JMF TV f tolerance) 4. HMA quality specified in the table Hot Mix Asphalt for Job Mix Formula except: 4.1. Air voids content(design value f 2.0 percent) 4.2. Voids filled with asphalt (report only) 4.3. Dust proportion(report only) • If you request in writing, the Engineer verifies RHMA-G quality requirements within 3 business days of sampling. • In the Engineer's presence and from the same production run, take samples of aggregate, asphalt binder, RAP, and HMA. Sample aggregate from cold feed belts or hot bins. Take RAP samples from the RAP system. For aggregate, RAP, and HMA, split the samples into at least 4 parts and label their containers. Submit 3 split parts to the Engineer and use 1 part for your testing. You may sample from a different project including a non-Department project if the Engineer is allowed to be present during sampling. • Prepare 3 briquettes from a single split sample. To verify the JMF for stability, the Engineer tests the 3 briquettes.and reports the average of 3 tests. Prepare new briquettes if the range of stability for the 3 briquettes is more than 12 points. • If the Engineer verifies the JMF, the Engineer provides you a Form HMA-103. • If the Engineer's tests on plant-produced samples do not verify the JMF, the Engineer notifies you in writing and you must submit a new JMF submittal or submit an adjusted JMF based on your testing. JMF adjustments may include a change in the: 1. Asphalt binder content target value up to f0.3 percent except do not adjust the target value for asphalt rubber binder for RHMA-G below 7.0 percent 2. Aggregate gradation target values within the target value. limits specified in the aggregate gradation tables. • You may adjust the JMF only once due to a failed verification test. An adjusted JMF requires a new Form HMA-101 and verification of a plant-produced sample. • The Engineer reverifies the JMF if HMA production has stopped for longer than 30 days and the verified JMF is older than 12 months. 28 39-1.03F JOB MIX FORMULA ACCEPTANCE • You may start HMA production if: 1. The Engineer's review of the JMF shows compliance with the specifications. 2. The Department has verified the JMF within 12 months before HMA production. 3. The Engineer accepts the verified JMF. 39-1.04 CONTRACTOR QUALITY CONTROL 39-1.04A GENERAL • Establish, maintain, and change a quality control system to ensure materials and work comply with the specifications. Submit quality control test results in writing to the Engineer within 3 days of a request except when Quality Control/Quality Assurance is specified. 39-1.04B PREPAYING CONFERENCE • You must meet with the Engineer at a prepaving conference at a mutually agreed time and place. Discuss methods of performing the production and paving work. 39-1.04D AGGREGATE • Determine the aggregate moisture content and RAP moisture content in continuous mixing plants at least twice a day during production and adjust the plant controller. Determine the RAP moisture content in batch mixing plants at least twice a day during production and adjust the plant controller. 39-1.04F CORES • For Standard and QC /QA projects, take 4-inch or 6-inch diameter cores at least once every 5 business days. Take 1 core for every 250 tons of HMA from random locations the Engineer designates. Take cores in the Engineer's presence and backfill and compact holes with HMA. Before submitting a core to the Engineer, mark it with the core's location and place it in a protective container. • If a core is damaged,.replace it with a core taken within 1 foot longitudinally from the original core. Relocate any core located within 1 foot of a rumble strip to 1 foot transversely away from the rumble strip. 39-1.05 ENGINEER'S ACCEPTANCE • The Engineer's acceptance of HMA is specified in the sections for each HMA construction process. • The Engineer samples materials for testing under California Test 125 and the applicable test method. Sampling must be statistically-based and random. • The Engineer accepts HMA based on: I. Accepted JMF 2. Accepted QCP for Standard and QC /QA 3. Compliance.with the HMA acceptance specifications 4. Acceptance of a lot for QC I QA 5. Visual:inspection 29 39-1.06 DISPUTE RESOLUTION • You and the Engineer must work together to avoid potential conflicts and to resolve disputes regarding test result discrepancies. Notify the Engineer in writing within 5 days of receiving a test result if you dispute the test result. • If you or the Engineer dispute each other's test results, submit written quality control test results and copies of paperwork including worksheets used to determine the disputed test results to the Engineer. An Independent Third Party (ITP) performs referee testing. Before the ITP participates in a dispute resolution, the ITP must accredited under the Department's Independent Assurance Program. The ITP must be independent of the project. By mutual agreement, the ITP is chosen from: 1. A Department laboratory 2. A Department laboratory in a district or region not in the district or region the project is located 3. The Transportation Laboratory 4. A laboratory not currently employed by you or your HMA producer • If split quality control or acceptance samples are not available, the ITP uses any available material representing the disputed HMA for evaluation. 39-1.07 PRODUCTION START-UP EVALUATION • The Engineer evaluates HMA production and placement at production start-up. • Within the first 750 tons produced on the first day .of HMA production, in the Engineer's presence and from the same production run, take samples of: 1. Aggregate 2. Asphalt binder 3. RAP 4. HMA • Sample aggregate from cold feed belts or hot bins. Take RAP samples from the RAP system. For aggregate, RAP, and HMA, split the samples into at least 4 parts and label their containers. Submit 3 split parts to the Engineer and keep 1 part. • For Standard and QC / QA projects, you and the Engineer must test the split samples for compliance with specifications. You and the Engineer must report test results in writing within 3 business days of sampling. • For Standard and QC /QA projects, take 4-inch or 6-inch diameter cores within the first 750 tons on the first day of HMA production. Take 1 core for every 250 tons of HMA at locations the Engineer designates. Take cores in the Engineer's presence and backfill and compact holes with HMA. Before submitting a core to the Engineer, mark it with the core's location and place it in a protective container. For each core, the Engineer reports the bulk specific gravity determined under California Test 308, Method A in addition to the percent of maximum theoretical density. You may test for in-place density at the core locations and include them in your production tests for percent of maximum theoretical density. • For Standard and QC /QA projects, prepare 3 briquettes from a single split sample. You and the Engineer test for compliance with stability specifications and report the average of 3 tests. Prepare new briquettes if the range of stability for the 3 briquettes is more than 12 points. 30 39-1.08 PRODUCTION 39-1.08A GENERAL • Produce HMA in a batch mixing plant or a continuous mixing plant. Proportion aggregate by hot or cold feed control. - HMA plants must be Department-qualified. Before production, the HMA plant must have a current qualification under: 1. California Test 109 2. The Department's Materials Plant Qualification Program • During production, you may adjust: 1. Hot or cold feed proportion controls for virgin aggregate and RAP 2. The set point for asphalt binder content 39-1.0811 MIXING • Mix HMA ingredients into a homogeneous mixture of coated aggregates. • Asphalt binder must be between 275 degrees F and 375 degrees F when mixed with aggregate. • Asphalt rubber binder must be between 350 degrees F and 425 degrees F when mixed with aggregate. • Aggregate must not be more than 325 degrees F when mixed with asphalt binder. Aggregate temperature specifications do not apply when you use RAP. • HMA with or.without RAP must not be more than 325 degrees F. 39-1.09 SUBGRADE, TACK COAT, AND GEOSYNTHETIC PAVEMENT INTERLAYER 39-1.09A GENERAL • Prepare subgrade or apply tack coat to surfaces receiving HMA. If specified, place geosynthetic pavement interlayer over a coat of asphalt binder. 39-1.0911 SUBGRADE Subgrade to receive HMA must comply with the compaction and elevation tolerance specifications in the sections.for the material involved. Subgrade must be free of loose and extraneous material. If HMA is paved on existing base or pavement, remove loose paving particles, dirt,and other extraneous material by any means including flushing and sweeping. 39-1.09C TACK COAT • Apply tack coat: .1. To existing pavement including planed surfaces 2. Between HMA layers except layers placed the same day 3. Between HMA layers if dirt or other foreign material is present on the surface including HMA layers placed the same day 4. To vertical surfaces of: 4.2. Curbs 4.3. Gutters 31 4.4. Construction joints • Before placing HMA, apply tack coat in 1 application at the minimum residual rate specified for the condition of the underlying surface: Tack Coat Application Rates for HMA Type A,Type B, and RHMA-G Minimum Residual Rates gallons per square yard) SS 1/SS 1 h and RS 1/RS2 and Asphalt Binder HMA Overlay over: QS 1 h/CQS 1 h QS 1/CQS 1 and PMRS2/PMCRS2 Asphaltic Asphaltic Emulsion Emulsion Asphaltic Emulsion New HMA between lifts) 0.02 0.03 0.02 Existing HMA and PCC 0.03 0.04 0.03 pavement Planed pavement 0.05 0.06 0.04 Tack Coat Application Rates for OGFC Minimum Residual Rates (gallons per squareyard) SSI/SSlh and RS and Asphalt Binder OGFC over: QS 1 h/CQS l h QS 1/CQS 1 and Asphaltic Asphaltic PMRS2/PMCRS2 Emulsion Emulsion Asphaltic Emulsion New HMA 0.03 0.04 0.03 Existing.HMA and PCC 0.05 0.06 0.04 pavement Planed pavement 1 0.06 1 0.07 0.05 • Apply to vertical surfaces with a residual tack coat rate that will thoroughly coat the vertical face without running off. • If you request in writing and the Engineer authorizes, you may change tack coat rates. • Immediately in advance of placing HMA, apply additional tack coat to damaged areas or where loose or extraneous material is removed. • Close areas receiving tack coat to. traffic. Do not track tack coat onto pavement surfaces beyond the job site. Asphalt binder tack coat must be between 2.85 degrees.F and 350 degrees F when applied. 39-1.09D GEOSYNTHETIC PAVEMENT INTERLAYER • Before placing the geosynthetic pavement interlayer and asphalt binder: 1. Repair cracks 1/4 inch and wider, spalls, and holes in the pavement. The State pays for this repair work under Section 4-1.03D, "Extra Work." 2. Clean the pavement of loose and extraneous material. • Immediately before placing the interlayer, apply 0.25 gallon f 0.03 gallon of asphalt binder per square yard of interlayer or until the fabric is saturated. Apply asphalt binder the 32 width of the geosynthetic pavement interlayer plus 3 inches on each side. At interlayer overlaps, apply asphalt binder on the lower interlayer the same overlap distance as the upper interlayer. • Align and place the interlayer. with no overlapping wrinkles, except a wrinkle that overlaps may remain if it is less than 1/2 inch thick. If the overlapping wrinkle is more than 1/2 inch thick, cut the wrinkle out and overlap the interlayer no more than 2 inches. • The minimum HMA thickness over the interlayer must be 0.12 foot thick including conform tapers. Do not place the interlayer on a wet or frozen surface. • Overlap the interlayer borders between 2 inches and 4 inches. In the direction of paving, overlap the following roll with the preceding roll at any break. • You may use rolling equipment to correct distortions or wrinkles in the interlayer. • If asphalt binder tracked onto the interlayer or brought to the surface by construction equipment causes interlayer displacement, cover it with a small quantity of HMA. • Before placing HMA on the interlayer,do not expose the interlayer to: 1. Traffic except for crossings under traffic control and only after you place a small HMA quantity 2. Sharp turns from construction equipment 3. Damaging elements • Pave HMA on the interlayer during the same work shift. 39-1.10 SPREADING AND COMPACTING EQUIPMENT • Paving equipment for spreading must be: 1. Self-propelled 2. Mechanical 3. Equipped with a screed or strike-off assembly that can distribute HMA the full width of a traffic lane 4. Equipped with a full-width compacting device 5. Equipped with automatic screed controls and sensing devices that control the thickness, longitudinal grade, and transverse screed slope • Install and maintain grade and slope references. • The screed must produce a uniform HMA surface texture without tearing, shoving, or gouging. • The paver must not leave marks such as ridges and indentations unless you can eliminate them by rolling. • Rollers must be equipped with a system that prevents HMA from sticking to the wheels. You may use a parting agent that does not damage the HMA or impede the bonding of layers. • In areas inaccessible to spreading and compacting equipment: 1. Spread the HMA by any means to obtain the specified lines, grades and cross sections. 2. Use a pneumatic tamper, plate compactor, or equivalent to achieve thorough compaction. 39-1.11 TRANSPORTING,SPREADING, AND COMPACTING • Do not pave HMA on a wet pavement or frozen surface. 33 • You may deposit HMA in a windrow and load it in the paver if: 1. Paver is equipped with a hopper that automatically feeds the screed 2. Loading equipment can pick up the windrowed material and deposit it in the paver hopper without damaging base material 3. Activities for deposit, pick-up, loading, and paving are continuous 4. HMA temperature in the windrow does not fall below 260 degrees F • Pave HMA in maximum 0.25-foot thick compacted layers. • You may pave HMA in 1 or more layers on areas less than 5 feet wide and outside the traveled way including shoulders. You may.use mechanical equipment other than a paver for these areas. The equipment must produce a uniform smoothness and texture. • HMA handled, .spread, or windrowed must not stain the finished surface of any improvement including pavement. • Do not use petroleum products such as kerosene or diesel fuel to release HMA from trucks, spreaders, or compactors. • HMA must be free of: 1. Segregation 2. Coarse or fine aggregate pockets 3. Hardened lumps • Longitudinal joints in the top layer must match specified lane edges. Alternate longitudinal joint offsets in lower layers at least 0.5 foot from each side of the specified lane edges. You may request in writing other longitudinal joint placement patterns. • Until the adjoining through lane's top layer has been paved, do not pave the top layer Of. 1. Shoulders 2. Tapers 3. Transitions 4. Road connections 5. Private drives 6. Curve widenings 7. Chain control lanes 8. Turnouts 9. Left turn pockets • If the number of lanes change, pave each through lane's top layer before paving a changing lane's top layer. Simultaneous to paving a through lane's top layer, you may pave an adjoining area's top layer including shoulders. Do not operate spreading equipment on any area's top layer until completing final compaction. • If HMA (leveling) is specified, fill and level irregularities and ruts with HMA before spreading HMA over base, existing surfaces, or bridge decks. You may use mechanical equipment other than a paver for these. areas. The equipment must produce a uniform smoothness and texture. HMA used to change an existing surface's cross slope or profile is not HMA(leveling). • If placing HMA against the edge of existing pavement, sawcut or grind the pavement straight and vertical along the joint and remove extraneous material without damaging the 34 surface remaining in place. If placing HMA against the edge of a longitudinal or transverse construction joint and the joint is damaged or not placed to a neat line, sawcut or grind the pavement straight and vertical along the joint and remove extraneous material without damaging the surface remaining in place. Repair or remove and replace damaged pavement at your expense. • Rolling must leave the completed surface compacted and smooth without tearing, cracking, or shoving. Complete finish rolling activities before the pavement surface temperature is: 1. Below 150 degrees F for HMA with unmodified binder 2. Below 140 degrees F for HMA with modified binder 3. Below 175 degrees F for RHMA-G • If a vibratory roller is used as a finish roller, turn the vibrator off. • Do not use a pneumatic tired roller to compact RHMA-G. • If a 3/4-inch aggregate grading is specified, you may use a 1/2-inch aggregate grading if you place HMA lifts between 0.125 foot and 0.20 foot thick. • Spread and compact HMA under Section 39-3, "Method," if either: 1. Total paved thickness is less than 0.15 foot. 2. Total paved thickness is less than 0.20 foot and a 3/4-inch aggregate grading is specified and used. 3. You spread and compact at: 3.1. Digouts 3.2. Leveling courses 3.3. Detours not included in the final roadway prism 3.4. Areas the Engineer determines conventional compaction and compaction measurement methods are impeded • Do not allow traffic on new HMA pavement until its mid-depth temperature is below 160 degrees F. • If you request in writing and the Engineer authorizes, you may cool HMA Type A and Type B with water when rolling activities are complete. Apply water under Section 17, "Watering." • Spread sand at a rate between 1 pound and 2 pounds per square yard on new RHMA-G, MMA-0, and RHMA-O-HB pavement when finish rolling is complete. Sand must be free of clay or organic matter. Sand must comply with Section 90-3.03, "Fine Aggregate Grading." Keep traffic off the pavement until spreading sand is complete. 39-1.12 SMOOTHNESS 39-1.12A GENERAL • Determine HMA smoothness with a profilograph and a straightedge. • Smoothness specifications do not apply to OGFC placed on existing pavement not constructed under the same project. • If portland cement concrete is placed on HMA: 35 1. Cold plane the HMA finished surface to within specified tolerances if it is higher than the grade specified by the Engineer. 2. Remove and replace HMA if the finished surface is lower than 0.05 foot below the grade specified by the Engineer. 39-1.1211 STRAIGHTEDGE • The HMA pavement top layer must not vary from the lower edge of a 12-foot f 0.2-foot long straightedge: 1. More than 0.01 foot when the straightedge is laid parallel with the centerline _ 2. More than 0.02 foot when the straightedge is laid perpendicular to the centerline and extends from edge to edge of a traffic lane 3. More than 0.02 foot when the straightedge is laid within 24 feet of a pavement conform 39-1.12C PROFILOGRAPH • Under California Test 526, determine the zero (null) blanking band Profile Index (PIo) and must-grinds on the top layer of HMA Type A, Type B, and RHMA-G pavement. Take 2 profiles within each traffic lane, 3 feet from and parallel with the edge of each lane. • A must-grind is a deviation of 0.3 inch or more in a length of 25 feet. You must correct must-grinds. • For OGFC, only determine must-grinds when placed over HMA constructed under the same project. The top layer of the underlying HMA must comply with the smoothness specifications before placing OGFC. • Profile pavement in the Engineer's presence. Choose the time of profiling. • On tangents and horizontal curves with a centerline radius of curvature 2,000 feet or more, the PIo must be at most 3 inches per 0.1-mile section. • On horizontal curves with a centerline radius of curvature between 1,000 feet and 2,000 feet including pavement within the superelevation transitions, the PIo must be at most 6 inches per 0.1-mile section. • Before the Engineer accepts HMA pavement for smoothness, submit written final profilograms. • Submit 1 electronic copy of profile information in Microsoft Excel and 1 electronic copy of longitudinal pavement profiles in ".erd" format or other ProVAL compatible format to the Engineer and to: Smoothness@dot.ca.gov • The following HMA pavement areas do not require a PIo. You must measure these areas with a 12-foot straightedge and determine must-grinds with a profilograph: 1. New HMA with a total thickness less than or equal to 0.25 foot 2. Horizontal curves with a centerline radius of curvature less than 1,000 feet including pavement within the superelevation transitions of those curves 3. Within 12 feet of a transverse joint separating the pavement from: 3.1. Existing pavement not constructed under the same project 3.2. A bridge deck or approach slab 36 4. Exit ramp termini, truck weigh stations, weigh-in-motion areas, and ramps and connectors with steep grades and superelevation rates greater than 6 percent 5. Turn lanes and areas around manholes or drainage transitions 6. Acceleration and deceleration lanes for at-grade intersections 7. Shoulders and miscellaneous areas 8. HMA pavement with a length of less than 3,000 feet 9. HMA pavement within 3 feet from and parallel to the construction joints formed between curbs, gutters, or existing pavement 39-1.12D SMOOTHNESS CORRECTION • If the top layer of HMA Type A, Type B, or RHMA-G pavement does not conform to the smoothness specifications, grind the pavement to within tolerances or remove and replace it. Grinding HMA pavement must comply with Section 42-2.02, "Construction." • Remove and replace OGFC not in compliance with the must-grind and straightedge specifications,except you may grind OGFC for correcting smoothness: 1. At a transverse.joint separating the pavement from pavement not constructed under the same project 2. Within 12 feet of a transverse joint separating the pavement from a bridge deck or approach slab • Ground HMA.pavement areas must be uniform rectangles with edges: 1. Parallel to the nearest HMA pavement edge or lane line 2. Perpendicular to the pavement centerline • After grinding, measure the ground HMA pavement surface with a profilograph and a 12-foot straightedge until the pavement is within specified tolerances. If a must-grind area or straightedged pavement cannot be ground to within specified tolerances, remove and replace the pavement. • On ground areas not overlaid with OGFC, apply fog seal coat under Section 37-1, "Seal Coats." 39-1.13 MISCELLANEOUS AREAS • Miscellaneous areas are outside the traveled way and include: 1. Median areas not including inside shoulders 2. Island areas 3. Sidewalks 4. Dikes 5. Gutters 6. Gutter flares 7. Ditches 8. Overside drains 9. Aprons at the ends of drainage structures • Spread miscellaneous areas in 1 layer and compact to the specified lines and grades. For miscellaneous areas and dikes: 37 1. Do not submit a JMF. 2. Choose the 3/8-inch or 1/2-inch HMA Type A and Type B aggregate gradations. 3. Minimum asphalt binder content must be 6.8 percent for 3/8-inch aggregate and 6.0 percent for 1/2-inch aggregate. If you request in writing and the Engineer authorizes,you may reduce the minimum asphalt binder content. 4. Choose asphalt binder Grade PG 70-10 or the same grade specified for HMA. 39-2 STANDARD 39-2.01 DESCRIPTION • If HMA Type A, Type B, RHMA-G, or OGFC is specified as Standard, construct it under Section 39-1, "General," this Section 39-2, "Standard," and Section 39-5, "Measurement and Payment." 39-2.02 CONTRACTOR QUALITY CONTROL 39-2.02A QUALITY CONTROL PLAN • Establish, implement, and maintain a Quality Control Plan (QCP) for HMA. The QCP must describe the organization and procedures you will use to: 1. Control the quality characteristics 2. Determine when corrective actions are needed(action limits) 3. Implement corrective actions • When you submit the proposed JMF, submit the written QCP. You and the Engineer must discuss the QCP during the prepaving conference. • The QCP must address the elements affecting HMA quality including: 1. Aggregate 2. Asphalt binder 3. Additives 4. Production 5. Paving 39-2.02B QUALITY CONTROL TESTING • Perform sampling and testing at the specified frequency for the following quality characteristics: 38 Minimum Quality Control—Standard Quality Test Minimum HMA Type Characteristic Method Sampling and Testing A B RHMA-G OGFC Frequency Aggregate CT 202 JMF± JMF± JMF± JMF± gradation' 1 per 750 Tolerance b Tolerance b Tolerance b Tolerance b Sand equivalent CT 217 tons and 47 42 47 -- (min.)` any Asphalt binder CT 379 or remaining JMF JMF±0.45% JMF±0.50% JMF content 382 part +-0.45% +0.50 -0.70 HMA moisture CT 370 1 per 2,500 1.0% 1.0% 1.0% 1.0% content(max.) tons but not less than 1 per paving da Percent of maximum Quality . 2 per 91%-97% 91%-97% 91%-97% -- theoretical control business densityd,` Ian da (min.) Stabilometer value`, CT 366 One per f,g(min.) 4,000 tons No. 4 and 3/8" or 2 per 30 30 -- -- gradings 5 business 1/2" and 3/4" days, 37 35 23 gradings whichever Air voids content CT 367 is more 4±2% 4±2% Specification -- (%)c,h ±2% Aggregate moisture CT 226 or content at CT 370 continuous mixing 2 per day plants and RAP moisture content at during -- -- -- -- continuous mixing production plants and batch mixing plants' Percent of crushed CT 205 particles coarse aggregate(%min.) One fractured 90 25 -- .90 face Two fractured 75 -- 90 75 faces Fine aggregate As (%min) necessary (Passing No.4 and 70 20 70 90 sieve and designated retained on in the QCP: No. 8 sieve.) At least Los Angeles Rattler CT 211 once per (%max.) project Loss at 100 rev. 12 -- 12 12 Loss at 500 rev. 45 50 40 40 Voids filled with LP-3 Report only Report only Report only -- asphalt %) Fine aggregate AASHTO angularity(%min.) T 304, Report only Report only Report only -- Method A 39 Flat and elongated ASTM Report only Report only Report only Report only particles(%max.@ D 4791 5:1) Voids in mineral LP-2 Report only Report only Report only aggregate %min. Dust proportion LP-4 Report only Report only Report only -- Smoothness Section 12-foot 12-foot 12-foot 12-foot 39-1.12 straightedge, straightedge, straightedge, straightedge must-grind, must-grind, must-grind, and must- and PIo and Plo and PIo grind Asphalt rubber Section binder viscosity @ 39-1.021) "- -- -- 1,500—4,000 1,500—4,000 350 degrees F, centi oises Crumb rubber Section -- -- Section Section modifier 39-1.021) 39-1.02D 39-1.02D Notes: a. Determine combined aggregate gradation containing RAP under Laboratory Procedure LP-9. b. The tolerances must comply with the allowable tolerances in Section 39-1.02E, "Aggregate." c. Report the average of 3 tests from a single split sample. d. Required for HMA Type A,Type B, and RHMA-G if the total paved thickness is at least 0.15 foot. e. Determine maximum theoretical density (California Test 309) at the frequency specified for Test Maximum Density under California Test 375, Part 5.D. f. Prepare and test a set of 3 briquettes for each stability determination. If the stability range is more than 12 points, prepare and test new briquettes. g. Modify California Test 304, Part 2.13.2.c: "After compaction in the mechanical compactor, cool to 140 degrees F± 5 degrees F by allowing the briquettes to cool at room temperature for 0.5 hour,then place the briquettes in the oven at 140 degrees F for a minimum of 2 hours and not more than 3 hours." h. Determine the bulk density of each lab-compacted briquette under California Test 308, Method A, and theoretical maximum specific gravity under California Test 309. i. For adjusting the plant controller at the HMA plant. • For any single quality characteristic except smoothness, if 2 consecutive quality control test results do not comply with the action limits or specifications: 1. Stop production. 2. Notify the Engineer in writing. 3. Take corrective action. 4. Test to confirm compliance with the specifications. 5. Demonstrate compliance with the specifications before resuming production and placement on the State highway. 39-2.03 ENGINEER'S ACCEPTANCE 39-2.03A TESTING • The Engineer samples aggregate and HMA for acceptance testing and tests for: 40 Acce tance- Standard Quality Characteristic Test HMA Type Method A B RHMA-G OGFC Aggregate gradation' CT 202 JMF± JMF ± JMF ± JMF± Sieve 3/4" 1/2" 3/8" Tolerance' Tolerance' Tolerance' Tolerance l/2" X 3/8" X No.4 X No. 8 X X X No. 200 X X X Sandequivalent(min.) CT 217 47 42 47 -- Asphalt binder content CT 379 JMF ± JMF ± JMF ±0.5% JMF or 382 0.45% 0.45% +0.50 -0.70 HMA moisture content CT 370 1.0% 1.0% 1.0% 1.0% (max.) Percent of maximum CT 375 91.%— 91%-97% 91%-97% -- theoretical densityt 97% Stabilometer value °9 CT 366 (min.) No.4 and 3/8" gradings 30 30 -- 1/2"and 3/4"gradings 37 35 23 -- Air voids content F/o °` CT 367 4 ±2% 4 ± 2% Specification ±2% Percent of crushed CT 205 particles Coarse aggregate (% 90 25 -- 90 min.) .75 -- 90 75 One fractured face Two fractured faces 70 20 70 90 Fine aggregate (% min) . (Passing No.4 sieve and retained on No. 8 sieve.) Los Angeles Rattler(% CT 211 max.) Loss at 100 rev. 12 -- 12 12 Loss at 500 rev. 45 50 40 40 Voids filled with asphalt LP-3 Report Report only Report only -- (%) only Fine aggregate AASHT angularity (% min.) O T 304, Report Report only Report only -- Method only A Flat and elongated ASTM Report Report only Report only Report only particles(% Max. @ D 4791 only 5:1) Voids in mineral LP-2 Report Report only Report only -- aggregate (% min.) only Dust proportion LP-4 Report Report only Report only -- 41 only Smoothness Section 12-foot 12-foot 12-foot 12-foot 39-1.12 straightedg straightedge, straightedge, straightedge e, must- must-grind, must-grind, and must- grind, and and PIo and PIo grind PIo Asphalt binder Various Section 92 Section 92 Section 92 Section 92 Asphalt rubber binder Various -- -- Section 92-1. Section 92-1. 02(C) and 02(C)and Section 39-1. Section 39-1. 02D 02D Asphalt modifier Various -- -- Section 39-1. Section 39-1. 02D 02D Crumb rubber modifier Various -- -- Section 39-1. Section 39-1. 02D 02D a. The Engineer determines combined aggregate gradations containing RAP under Laboratory Procedure LP-9. b. "X" denotes the sieves the Engineer considers for the specified aggregate gradation. c. The tolerances must comply with the allowable tolerances in Section 39-1.02E, "Aggregate." d. The Engineer reports the average of 3 tests from a single split sample. e. The Engineer determines percent of maximum theoretical density if the total paved thickness is at least 0.15 foot under California Test 375 except the Engineer uses: 1. California Test 308, Method A, to determine in-place density of each core instead of using the nuclear gauge in Part 4,"Determining In-Place Density By The Nuclear Density Device." 2. California Test 309 to determine maximum theoretical density instead of calculating test maximum density in Part 5,"Determining Test Maximum Density." f. The Engineer determines maximum theoretical density (California Test 309)at the frequency specified for Test Maximum Density under California Test 375, Part 5.1). g. The Engineer prepares and tests a set of 3 briquettes for each stability determination. If the stability range is more than 12 points, the Engineer prepares new briquettes. h. Modify California Test 304, Part 2.B.2.c: "After compaction in the mechanical compactor, cool to 140 degrees F 15 degrees F by allowing the briquettes to cool at room temperature for 0.5 hour, then place the briquettes in the oven at 140 degrees F for a minimum of 2 hours and not more than 3 hours." i. The Engineer determines the bulk density of each lab-compacted briquette under California Test 308, Method A,and theoretical maximum specific gravity under California Test 309. • No single test result may represent more than the smaller of 750 tons or 1 day's production. • For any single quality characteristic except smoothness, if 2 consecutive acceptance test results do not comply with the specifications: 1. Stop production. 2. Take corrective action. 3. In the Engineer's presence, take samples and split each sample into 4 parts. Test 1 part for compliance with the specifications and submit 3 parts to the Engineer. The Engineer tests 1 part for compliance with the specifications and reserves and stores 2 parts. 42 4. Demonstrate compliance with the specifications before resuming production and placement on the State highway. • The Engineer tests the core you take from each 250 tons of HMA production. The Engineer determines the percent of maximum theoretical density for each core by determining the core's density and dividing by the maximum theoretical density. • If the total paved thickness is at least 0.15 foot and any lift is less than 0.15 foot, the Engineer determines the percent of maximum theoretical density from cores taken from the final lift measured the full depth of the total paved HMA thickness. • For percent of maximum theoretical density, the Engineer determines a deduction.for each test result outside the specifications in compliance with: Reduced Pa ment Factors for Percent of Maximum Theoretical Density HMA Type A and Reduced HMA Type A and Reduced B and RHMA-G Payment Factor B and RHMA-G Payment Factor Percent of Percent of Maximum Maximum Theoretical Theoretical Density Density 91.0 0.0000 97.0 0.0000 90.9 0.0125 97.1 0.0125 90.8 0.0250 97.2 0.0250 90.7 0.0375 97.3 0.0375 90.6 0.0500 97.4 0.0500 90.5 0.0625 97.5 0.0625 90.4 0.0750 97.6 0.0750 90.3 0.0875 97.7 0.0875 . 90.2 0.1000 97.8 0.1000 90.1 0.1125 97.9 0.1125 90.0 0.1250 98.0 0.1250 89.9 0.1375 98.1 0.1375 89.8 0.1500 98.2 0.1500 89.7 0.1625 98.3 0.1625 89.6 0.1750 98.4 0.1750 89.5 0.1875 98.5 0.1875 89.4 0.2000 98.6 0.2000 89.3 0.2125 98.7 0.2125 89.2 0.2250 98.8 0.2250 89.1 0:2375 98.9 0.2375 89.0 0.2500 99.0 0.2500 <89.0 Remove and Remove and Replace >99.0 Replace 39-2.04.TRANSPORTING, SPREADING,AND COMPACTING • Determine the number of rollers needed to obtain the specified density and surface finish. 43 39-3 METHOD 39-3.01 DESCRIPTION • If HMA Type A, Type B, RHMA-G, or OGFC is specified as Method, construct it under Section 39-1, "General," this Section 39-3, "Method," and Section 39-5, "Measurement and Payment." 39-3.02 ENGINEER'S ACCEPTANCE 39-3.02A TESTING • The Engineer samples aggregate and HMA for acceptance testing and tests for: 44 Acceptance-Method Quality Characteristic Test HMA Type Method A B RHMA-G OGFC Aggregate gradation a CT 202 JMF ± JMF ± JMF ± JMF ± Tolerance b Tolerance b Tolerance b Tolerance b Sand equivalent(min.) CT 217 47 42 47 -- C Asphalt binder content CT 379 JMF ± JMF ± JMF ±0.5% JMF or 382 0.45% 0.456/o +0.50 -0.70 HMA moisture CT 370 1.0% 1.0% 1.0% 1.0% content(max.) Stabilometer value°' °e CT 366 (min.) No. 4 and 3/8" 30 30 -- -- gradings 1/2"and 3/4"gradings 37 35 23 -- Percent of crushed CT 205 particles Coarse aggregate (% 90 25 -- 90 min.) 75 -= 90 75 One fractured face Two fractured faces 70 20 70 90 Fine aggregate (% min) (Passing No.4 sieve and retained on No. 8 sieve.) Los Angeles Rattler CT 211 (% max.) Loss at 100 rev. 12 -- 12 12 Loss at 500 rev. 45 50 40 40 Air voids content(%) CT 367 4 ±2% 4±2% Specification -- c'f ±2% Voids filled with LP-3 -- asphalt(%) Report only Report only Report only Fine aggregate AASHT angularity (% min.) O T 304, Report only Report only Report only -- Method A Flat and elongated ASTM Report only Report only Report only Report only particles (%Max. @ D 4791 5:1) Voids in mineral LP-2 aggregate (%Min.) Report only Report only Report only -- Dust proportion LP4 Report only Report only Report only -- -Smoothness Section 12-foot 12-foot 12-foot 12-foot 39-1.12 straightedge straightedge straightedge straightedge and must- and must- and must- and must- 45 grind grind grind grind Asphalt binder Various Section 92 Section 92 Section 92 Section 92 Asphalt rubber binder Various -- -- Section 92-1. Section 92-1. 02(C) and 02(C) and Section 39-1. Section 39- 021) 1.02D Asphalt modifier Various -- -- Section 39- Section 39- 1.02D 1.02D Crumb rubber Various -- -- Section 39- Section 39- modifier 1.021) 1.02D a. The Engineer determines combined aggregate gradations containing RAP under Laboratory Procedure LP-9. b. The tolerances must comply with the allowable tolerances in Section 39-1.02E, "Aggregate." c. The Engineer reports the average of 3 tests from a single split sample. d. The Engineer prepares and tests a set of 3 briquettes for each stability determination. If the stability range is more than 12 points, the Engineer prepares and tests new briquettes. e. Modify California Test 304, Part 2.B.2.c: "After compaction in the mechanical compactor, cool to 140 degrees F f5 degrees F by allowing the briquettes to cool at room temperature for 0.5 hour, then place the briquettes in the oven at 140 degrees F for a minimum of 2 hours and not more than 3 hours." f. The Engineer determines the bulk density of each lab-compacted briquette under California Test 308, Method A, and theoretical maximum specific gravity under California Test 309. • No single test result may represent more than the smaller of 750 tons or 1 day's production. • For any single quality characteristic except smoothness, if 2 consecutive acceptance test results do not comply with the specifications: 1. Stop production. 2. Take corrective action. 3. In the Engineer's presence, take samples and split each sample into 4 parts. Test 1 part for compliance with the specifications and submit 3 parts to the Engineer. The Engineer tests 1 part for compliance with the specifications and reserves and stores ' 2 parts. 4. Demonstrate compliance with the specifications before resuming production and placement on the State highway. 39-3.03 SPREADING AND COMPACTING EQUIPMENT • Each paver spreading HMA Type A and Type B must be followed by 3 rollers: 1. One vibratory roller specifically designed to compact HMA. The roller must be capable of at least 2,500 vibrations per minute and must be equipped with amplitude and frequency controls. The roller's gross static weight must be at least 7.5 tons. 2. One oscillating type pneumatic-tired roller at least 4 feet wide. Pneumatic tires must be of equal size, diameter, type, and ply. The tires must be inflated to 60 psi minimum and maintained so that the air pressure does not vary more than 5 psi. 3. One steel-tired, 2-axle tandem roller. The roller's gross static weight must be at least 7.5 tons. 46 • Each roller must have a separate operator. Rollers must be self-propelled and reversible. • Compact RHMA-G under the specifications for compacting HMA Type A and Type B except do not use pneumatic-tired rollers. • Compact OGFC with at least 2 steel-tired, 2-axle tandem rollers for each paver. Each roller must weigh between 126 pounds to 172 pounds per linear inch of drum width. 39-3.04 TRANSPORTING, SPREADING, AND COMPACTING • If the surface to be paved is both in sunlight and shade, pavement surface temperatures are taken in the shade. • Spread HMA Type A and Type B only if atmospheric and surface temperatures are: Minimum Atmospheric and Surface Temperatures Compacted Layer Thickness, Atmospheric,' F Surface,' F feet Unmodified Modified Unmodified Modified As halt Binder. Asphalt Bindera Asphalt Binder Asphalt Binder a <0.15 55 50 60 55 0.15 -0.25 45 45 50 50 Note: a. Except asphalt rubber binder. • If the asphalt binder for HMA Type A and Type B is: 1. Unmodified asphalt binder, complete: 1.1. First coverage of breakdown compaction before the surface temperature drops below 250 degrees F 1.2. Breakdown and intermediate compaction before the surface temperature drops below 200 degrees F 1.3. Finish compaction before the surface temperature drops below 150 degrees F 2. Modified asphalt binder, complete: 2.1. First coverage of breakdown compaction before the surface temperature drops below 240 degrees F 2.2. Breakdown and intermediate compaction before the surface temperature drops below 180 degrees F 2.3. Finish compaction before the surface temperature drops below 140 degrees F • For RHMA-G: 1. Only spread and compact if the atmospheric temperature is at least 55 degrees F and the surface temperature is at least 60 degrees F. 2. Complete the first coverage of breakdown compaction before the surface temperature drops below 280 degrees F. 47 3. Complete breakdown and intermediate compaction before the surface temperature drops below 250 degrees F. 4. Complete finish compaction before the surface temperature drops below 200 degrees F. 5. If the atmospheric temperature is below 70 degrees F, cover loads in trucks with tarpaulins. The tarpaulins must completely cover the exposed load until you transfer the mixture to the paver's hopper or to the pavement surface. • For OGFC with unmodified asphalt binder: 1. Only spread and compact if the atmospheric temperature is at least 55 degrees F and the surface temperature is at least 60 degrees F. 2. Complete first coverage using 2 rollers before the surface temperature drops below 240 degrees F. 3. Complete all compaction before the surface temperature drops below 200 degrees F. 4. If the atmospheric temperature is below 70 degrees F, cover loads in trucks with tarpaulins. The tarpaulins must completely cover the exposed load until you transfer the mixture to the paver's hopper or to the pavement surface. • For OGFC with modified asphalt binder except asphalt rubber binder: 1. Only spread and compact if the atmospheric temperature is at least 50 degrees F and the surface temperature is at least 50 degrees F. 2. Complete first coverage using 2 rollers before the surface temperature drops below 240 degrees F. 3. Complete all compaction before the surface temperature drops below 180 degrees F. 4. If the atmospheric temperature is below 70 degrees F, cover loads in trucks with tarpaulins. The tarpaulins must completely cover the exposed load until you transfer the mixture to the paver's hopper or to the pavement surface. • For RHMA-O and RHMA-O-HB: 1. Only spread and compact if the atmospheric temperature is at least 55 degrees F and surface temperature is at least 60 degrees F. 2 Complete the 1 st coverage using 2 rollers before the surface temperature drops below 280 degrees F. 3. Complete compaction before the surface temperature drops below 250 degrees F. 4. If the atmospheric temperature is below 70 degrees F, cover loads in trucks with tarpaulins. The tarpaulins must completely cover the exposed load until the mixture is transferred to the paver's hopper or to the pavement surface. • For RHMA-G and OGFC, tarpaulins are not required if the time from discharge to truck until transfer to the paver's hopper or the pavement surface is less than 30 minutes. • HMA compaction coverage is the number of passes needed to cover the paving width. A pass is 1 roller's movement parallel to the paving in either direction. Overlapping passes are part of the coverage being made and are not a subsequent coverage. Do not start a coverage until completing the prior coverage. • Start rolling at the lower edge and progress toward the highest part. • Perform breakdown compaction of each layer of HMA Type A, Type B, and RHMA-G with 3 coverages using a vibratory roller. The speed of the vibratory roller in miles per hour 48 must not exceed the vibrations per minute divided by 1,000. If the HMA layer thickness is less than 0.08 foot, turn the vibrator off. The Engineer may order fewer coverages if the HMA layer thickness is less than 0.15 foot. • Perform intermediate compaction of each layer of HMA Type A and Type B with 3 coverages using a pneumatic-tired roller at a speed not to exceed 5 mph. • Perform finish compaction of HMA Type A, Type B, and RHMA-G with 1 coverage using a steel-tired roller. • Compact OGFC with 2 coverages using steel-tired rollers with the vibrator turned off. 39-4 QUALITY CONTROL/QUALITY ASSURANCE 39-4.01 DESCRIPTION • If HMA Type A, Type B, or RHMA-G is specified as Quality Control / Quality Assurance, construct it under Section 39-1, "General," this Section 39-4, "Quality Control. / Quality Assurance," and Section 39-5, "Measurement and Payment." 39-4.02 GENERAL • The QC /QA construction process consists of: 1. Establishing, maintaining, and changing if needed a quality control system providing assurance the HMA complies with the specifications 2. Sampling and testing at specified intervals, or sublots, to demonstrate compliance and to control process 3. The Engineer sampling and testing at specified intervals to verify testing process and HMA quality 4. The Engineer using test results, statistical evaluation of verified quality control tests, and inspection to accept HMA for payment • A lot is a quantity of HMA. The Engineer designates a new lot when you: 1. Complete 20 sublots 2. Change the JMF 3. Stop production for more than 30 days 4. Stop production and the Engineer terminates the lot because: 4.1. A lot's composite quality factor, QFC, or an individual quality factor, QFQc; for i = 3, 4, or 5, is below 0.90 determined under Section 39-4.03F, "Statistical Evaluation" 4.2. An individual quality factor, QFQC; for i = 1 or 2, is below 0.75 for the last 5 tests • Each lot consists of no more than 20 sublots. A sublot is 750 tons except HMA paved at day's end greater than 250 tons is a sublot. If HMA paved at day's end is less than 250 tons, you may either make this quantity a sublot or include it in the previous sublot's test results for statistical evaluation. 49 39-4.03 CONTRACTOR QUALITY CONTROL 39-4.03A GENERAL • Use a composite quality control factor, QFC, and individual quality control factors, QFQc;, to control your process and evaluate quality control program. For quality characteristics without quality control factors, use your quality control plan's action limits to control process. • Control HMA quality including: 1. Materials 2. Proportioning 3. Spreading and compacting 4. Finished roadway surface • Develop, implement, and maintain a quality control program that includes: 1. Inspection 2. Sampling 3. Testing 39-4.03B QUALITY CONTROL PLAN • With the JMF submittal, submit a written Quality Control Plan (QCP). The QCP must comply with the Department's Quality Control and Quality Assurance Manual for Asphalt Concrete Production and Placement. Discuss the QCP with the Engineer during the prepaving conference. • The Engineer reviews each QCP within 5 business days from the submittal. Hold HMA production until the Engineer accepts the QCP in writing. The Engineer's QCP acceptance does not mean your compliance with the QCP will result in acceptable HMA. Section 39-1.05, "Engineer's Acceptance," specifies HMA acceptance. • The QCP must include the name and qualifications of a Quality Control Manager. The Quality Control Manager administers the QCP and during paving must be at the job site within 3 hours of receiving notice. The Quality Control Manager must not be any of the following on the project: 1. Foreman 2. Production or paving crewmember 3. Inspector 4. Tester • The QCP must include action limits and details of corrective action you will take if a test result for any quality characteristic falls outside an action limit. • As work progresses, you must submit a written QCP supplement to change quality control procedures,personnel,tester qualification status, or laboratory accreditation status. 39-4.03C QUALITY CONTROL INSPECTION, SAMPLING, AND TESTING • Sample, test, inspect, and manage HMA quality control. • Provide a roadway inspector.while HMA paving activities are in progress. Provide a plant inspector during HMA production. • Inspectors must comply with the Department's Quality Control and Quality Assurance Manual for Asphalt Concrete Production and Placement. 50 • Provide a testing laboratory and personnel for quality control testing. Provide the Engineer unrestricted access to the quality control activities. Before providing services for the project, the Engineer reviews, accredits, and qualifies the testing laboratory and personnel under the Department's Independent Assurance Program. • The minimum random sampling and testing for quality control is: 51 Minimum Quality Control—QC/QA Quality Test Minimum HMA Type Location Maximum Characteristic Method Sampling of Report- and Sampling ing Time Testing Allow- Frequency ance . A B RHMA-G Aggregate JMF± JMF± JMF± gradation a CT 202 Toleran Tolerance b Tolerance b CT 125 Ce b Loose 1 per 750 Mix Asphalt binder CT 379 or tons JMF JMF JMF±0.5% Behind 24 hours content 382 ±0:45% ±0.45% Paver See CT 125 Percent of maximum 92%-9 theoretical densityc,d QC Plan 6% 92%-96% 910/o-96% QC Plan Aggregate moisture content at continuous mixing 2 per day Stock- plants and RAP CT 226 or during piles or moisture content at CT 370 produc- cold feed continuous mixing tion belts plants and batch . mixing plants Sand equivalent 1 per 750 min.) . CT 2l7 tons. 47 42 47 CT 125 24 hours 1 per 2,500.tons HMA moisture CT 370 but 1.0% 1.0% 1.0% 24 hours content(max.) not less than 1 per Loose paving day Mix Stabilometer Behind Value g'b(min.) 1 per Paver No. 4 and 3/8" 4,000 tons 30 30 __ See CT 366 or 2 per CT 125 gradings 1/2" and 3/4" 5 business 37 35 23 48 hours gradings days, whichever Air voids content CT 367 is more 4±2% 4±2% tion i tion±2%% Percent of crushed particles coarse aggregate(%min.) One fractured As neces- face sary and 90 25 Two fractured designat- faces CT 205 ed in QCP. 75 -- 90 CT 125 . 48 hours Fine aggregate At least (%min) once per (Passing No.4 project. sieve and 70 20 70 retained on No.8 sieve.) 52 Los Angeles Rattler (%max.) Loss at 100 rev. CT 211 12 -- 12 CT 125 Loss at 500 rev. 45 50 40 Fine aggregate AASHTO angularity(%Min.) T 304, CT 125 Method A Flat and elongated ASTM particle(%max.@ CT 125 D 4791 5:1) Report Report only Report only Voids in mineral LP-2 only LP-2 aggregate %min.) Voids filled with LP-3 LP-3 asphalt(% Dust proportion LP-4 LP-4 Smoothness 12-foot straight- 12-foot 12-foot Section edge, straight- straight- 39-1.12 edge,must- edge, must- mustmust- -- - . grind,and grind,and and Plo PIo PIo Asphalt rubber binder viscosity @ Section __ 1,500— Section 24 hours 350 degrees F, 39-1.02D 41000 39-1.02D centi oises Crumb rubber Section -- -- -- Section Section 48 hours modifier 39-1.02D 39-1.02D 39-1.02D Notes: a. Determine combined aggregate gradation containing RAP under Laboratory Procedure LP-9. b. The tolerances must comply with the allowable tolerances in Section 39-1.020, "Aggregate." c. Required for HMA Type A,Type B,.and RHMA-G if the total paved thickness is at least 0.15 foot. d. Determine maximum theoretical density(California Test 309) at the frequency specified for test maximum density under California Test 375, Part 5 D. e. For adjusting the plant controller at the HMA plant. f. Report the average of 3 tests from a single split sample. g. Prepare and test a set of 3 briquettes for each stability determination. If the stability range is more than 12 points, prepare and test new briquettes. h. Modify California Test 304, Part 2.13.2.c: "After compaction in the mechanical compactor, cool to 140 degrees F f 5 degrees F by allowing the briquettes to cool at room temperature for 0.5 hour, then place the briquettes in the oven at 140 degrees F for a minimum of 2 hours and not more than 3 hours." i. Determine the bulk density of each lab-compacted briquette under California Test 308, Method A, and theoretical maximum specific gravity under California Test 309. • Within the specified reporting time, submit written test results including: 1. Sampling location, quantity,and time 2. Testing results 3. Supporting data and calculations 53 • If test results for any quality characteristic are beyond the action limits in the QCP, take corrective actions. Document the corrective actions taken in the inspection records under Section 39-4.03E, "Records of Inspection and Testing." • For any quality characteristic for which a quality control factor, QFQc;, is not determined, if 2 consecutive quality control test results do not comply with the action limits or specifications: I. Stop production. 2. Notify the Engineer in writing. 3. Take corrective action. 4. Test and confirm compliance with the specifications. 5. Demonstrate compliance with the specifications before resuming production and placement on the State highway. 39-4.03D CHARTS AND RECORDS • Record sampling and testing results for quality control on forms provided in the Department's Quality Control and Quality Assurance Manual for Asphalt Concrete Production and Placement, or on forms you submit with the QCP. The QCP must also include form posting locations and submittal times. • Submit quality control test results using the Department's statistical evaluation program, Pavement Asphalt Concrete Reporting System. 39-4.03E RECORDS OF INSPECTION AND TESTING • During HMA production, submit in writing a daily: I. Asphalt Concrete Construction Daily Record of Inspection. Also make this record available at the HMA plant and job site each day. 2. Asphalt Concrete Inspection and Testing Summary. Include in the summary: 2.1. Test forms with the testers' signatures and Quality Control Manager's initials. 2.2. Inspection forms with the inspectors' signatures and Quality Control Manager's initials. 2.3. A list and explanation of deviations from the specifications or regular practices. 2.4. A signed statement by the Quality Control Manager that says: "It is hereby certified that the information contained in this record is accurate, and that information, tests, or calculations documented herein comply with the specifications of the contract and the standards set forth in the testing procedures. Exceptions to this certification are documented as part of this record." • Retain for inspection the records generated as part of quality control including inspection, sampling, and testing for at least 3 years after final acceptance. 54 39-4.03F STATISTICAL EVALUATION General • Determine a lot's composite quality factor, QFC, and the individual quality factors, QFQCi. Perform statistical evaluation calculations to determine these quality factors based on quality control test results for: 1. Aggregate gradation 2. Asphalt binder content 3. .Percent of maximum theoretical density • The Engineer grants a waiver and you must use 1.0 as the individual quality factor for percent of maximum theoretical density, QFQC5, for HMA paved in: 1. Areas where the total paved thickness is less than 0.15 foot 2. Areas where the total paved thickness is less than 0.20 foot and a 3/4-inch grading is specified and used 3. Dig outs 4. Leveling courses 5. Detours not part of the finished roadway prism 6. Areas where, in the opinion of the Engineer, compaction or compaction measurement by conventional methods is impeded Statistical Evaluation Calculations • Use the Variability-Unknown/Standard Deviation Method to determine the percentage of a lot not in compliance with the specifications. The number of significant figures used in the calculations must comply with AASHTO R-11, Absolute Method. • Determine the percentage of work not in compliance with the specification limits for each quality characteristic as follows: 1. Calculate the arithmetic mean(X)of the test values Ex X=n where: x = individual test values n= number of test values, where n is: 1. For quality control, not more than 20 quality control tests 2. For Engineer's acceptance, 3 quality assurance tests or 1 quality assurance test for every 5 quality control tests, whichever is more.- 2. Calculate the standard deviation s = n(n-1) where: E(X2)= sum of the squares of individual test values 55 (yx)2 = sum of the individual test values squared n= number of test values, where n is: 1. For quality control,not more than 20 quality control tests 2. For Engineer's acceptance, 3 quality assurance tests or 1 quality assurance test for every 5 quality control tests, whichever is more. 3. Calculate the upper quality index(Qu) USL- X � = s where: USL= target value plus the production tolerance or upper specification limit S= standard deviation X = arithmetic mean 4. Calculate the lower quality index(QL); X - LSL S where: LSL = target value minus production tolerance or lower specification limit S = standard deviation R = arithmetic mean 5. From the table, Upper Quality Index QU or Lower Quality Index QL, of this Section 39-4.03F, "Statistical Evaluation", determine Pu; where: Pu= the estimated percentage of work outside the USL. PU=0, when USL is not specified. 6. From the table, Upper Quality Index Qu or Lower Quality Index QL, of this Section 39-4.03F, "Statistical Evaluation," determine PL; where: PL = the estimated percentage of work outside the LSL. PL =0, when LSL is not specified. 7. Calculate the total estimated percentage of work outside the USL and LSL, percent defective Percent defective = PU+ PL • Pu and PL are determined from: 56 Pu Upper Quality Index Qu or Lower Quality Index QL or Sam le Size (n) PL 5 6 7 8 9 10- 12- 1 15- 18- 1 23- 1 30- 43- >66 11 14 17 22 29 42 66 0 1.72 1.88 1.99 2.07 2.13 2.20 2.28 2.34 2.39 2.44 2.48 2.51 2.56 1 1.64 1.75 1.82 1.88 1.91 1.96 2.01 2.04 2.07 2.09 2.12 2.14 2.16 2 1.58 1.66 1.72 1.75 1.78 1.81 1.84 1.87 1.89 1.91 1.93 1.94 1.95 3 1.52 1:59 1.63 1.66 1.68 1.71 1.73 1.75 1.76 1.78 1.79 1.80 1.81 4 1.47 1.52 1.56 1.58 1.60 1.62 1.64 1.65 1.66 1.67 1.68 1.69 1.70 5 1.42 1.47 1.49 1.51 1.52 1.54 1.55 1.56 1.57 1 1.58 1.59 1.59 1.60 6 1.38 1.41 1.43 1.45 1.46 1.47 1.48 1.49 1.50 1.50 1.51 1.51 1.52 7 1.33 1.36 1.38 1.39 1.40 1.41 1.41 1.42 1.43 1.43 1.44 1.44 1.44 8 1.29 1.31 1.33 1.33 1.34 1.35 1.35 1.36 1.36 1.37 1.37 1.37 1.3.8 9 1.25 1.27 1.28 1.28 1.29 1.29 1.30 1.30 1.30 1.31 1.31 1.31 1.31 10 1.21 1.23 1.23 1.24 1.24 1.24 1.25 1.25 1.25 1.25 1.25 1.26 1.26 11 1.18 1.18 1.19 1.19 1.19 1.19 1.20 1.20 1.20 1.20 1.20 1.20 1.20 12 1.14 1.14 1.15 1.15 1.15 1.15 1.15 1.15 1.15 1.15 1.15 1.15 1.15 13 1.10 1.10 1.10 1.10 1.10 1.10 1.11 1.11 1.11 1.11 1.11 1.11 1.11 14 1.07 1.07 1.07 1.06 1.06 1.06 1.06 1.06 1.06 1.06 1.06 1.06 1.06 15 1.03 1.03 1.03 1.03 1.02 1.02 1.02 1.02 1.02 1.02 1.02 1.02 1.02 16 1.00 0.99 0.99 0.99 0.99 0.98 0.98 0.98 0.98 0.98 0.98 0.98 0.98 17 0.97 0.96 0.95 0.95 0.95 0.95 0.94 0.94 0.94 0.94 0.94 0.94 0.94 18 0.93 0.92 0.92 0.92 0.91 0.91 0.91 0.91 0.90 0.90 0.90 0.90 0.90 19 0.90 0.89 0.88 0.88 0.88 0.87 0.87 0.87 0.87 0.87 0.87 0.87 0.87 20 0.87 0.86 0.85 0.85 0.84 0.84 0.84 0.83 0.83 0.83 0.83 0.83 0.83 21 0.84 0.82 0.82 0.81 0.81 0.81 0.80 0.80 0.80 0.80 0.80 0.80 0.79 22 0.81 0.79 0.79 0.78 0.78 0.77 0.77 0.77 0.76 0.76 0.76 0.76 0.76 23 0.77 0.76 0.75 0.75 0.74 0.74 0.74 0.73 0.73 0.73 0.73 0.73 0.73 24 0.74 0.73 0.72 0.72 0.71 0.71 0.70 0.70 0.70 0.70 0.70 0.70 0.70 25 0.71 0.70 .0.69 0.69 0.68 0.68 0.67 0.67 0.67 0.67 0.67 0.67 0.66 26 0.68 0.67 0.67 0.65 0.65 0.65 0.64 0.64 0.64 0.64 0.64 0.64 0.63 27 0.65 0.64 0.63 0.62 0.62 0.62 0.61 0.61 0.61 0.61 0.61 0.61 0.60 28 0.62 0.61 0.60 0.59 0.59 0.59 0.58 0.58 0.58 0.58 0.58 0.58 0.57 29 0.59 0.58 0.57 0.57 0.56 0.56 0.55 0.55 0.55 0.55 0.55 0.55 0.54 30 0.56 0.55 0.54 0.54 0.53 0.53 0.52 0.52 0.52 0.52 0.52 0.52 0.52 31 0.53 0.52 0.51 0.51 0.50 0.50 0.50 0.49 0.49 0.49 0.49 0.49 0.49 32 0.50 0.49 0.48 0.48 0.48 0.47 0.47 0.47 0.46 0.46 0.46 0.46 0.46 33 0.47 0.48 0.45 0.45 0.45 0.44 0.44 0.44 0.44 0.43 0.43 0.43 0.43 34 0.45 0.43 0.43 0.42 0.42 0.42 0.41 0.41 0.41 0.41 0.41 0.41 0.40 35 0.42 0.40 0.40 0.39 0.39 0.39 0.38 0.38 0.38 0.38 0.38 1 0.38 0.38 36 0.39 0.38 0.37 0.37 0.36 0.36 0.36 0.36 0.36 0.36 0.36 0.36 0.36 37 0.3.6 0.35 0.34 0.34 0.34 0.33 0.33 0.33 0.33 0.33 0.33 0.33 0.32 38 0.33 0.32 0.32 0.31 0.31 0.31 0.30 0.30 0.30 0.30 0.30 0.30 0.30 39 0.30 0.30 0.29 0.28 0.28 0.28 0.28 0.28 0.28 0:28 0.28 0.28 0:28 40 0.28 0.25 0.25 0.25 0.25 0.25 0.25 0.25 0.25 0.25 0.25 0.25 0.25 41 0.25 0.23 .0.23 0.23 0.23 0.23 0.23 0.23 0.23 0.23 0.23 0.23 0.23 42 0.23 0.20 0.20 0.20 0.20 0.20 0.20 0.20 0.20 0:20 0.20 0.20 0.20 43 0.18 0.18 0.18 0.18 0.18 0.18 0.18 0.18 0.18 0.18 0.18 0.18 0.18 57 44 0.16 0.15 0.15 0.15 0.15 0.15 0.15 0.15 0.15 0.15 0.15 0.15 0.15 45 0.13 0.13 0.13 0.13 0.13 0.13 0.13 0.13 0.13 0.13 0.13 0.13 0.13 46 0.10 0.10 0.10 0.10 0.10 0.10 0.10 0.10 0.10 0.10 0.10 0.10 0.10 47 0.08 0.08 0.08 0.08 0.08 0.08 0.08 0.08 0.08 0.08 0.08 0.08 0.08 48 0.05 0.05 0.05 0.05 0.05 0.05 0.05 0.05 0.05 0.05 0.05 0.05 0.05 49 0.03 0.03 0.03 0.03 0.03 0.03 0.03 0.03 0.03 0.03 0.03 0.03 0.03 50 0.00 0.00 0.00 0.00 0.00 0.00 0.00 10.00 0.00 0.00 0.00 0.00 0.00 1. If the value of Qu or QL does not correspond to a value in the table, use the next lower value. 2. If Qu or QL are negative values,Pu or PL is equal to 100 minus the table value for Pu or PL. Quality Factor Determination Determine individual quality factors, QFQc;, using percent defective =PU+PL and: 58 Quality Factors Maximum Allowable Percent Defective (PU+PL) Quality Sample Size (n) Factor 5 6 7 1 8 1 9 1 10- 12- 15- 18- 1 23- 30- 43- >66 11 14 17 221 29 42 66 1.05 0 0 0 0 0 0 0 0 0 0 1.04 0 1 3 5 4 4 4 3 3 3 3 1.03 0 2 4 6 8 7 7 6 5 5 4 4 1.02 1 3 6 9 11 10 9 8 7 7 6 6 1.01 0 2 5 8 11 13 12 11 10 9 8 8 7 - 1.00 22 20 18 17 16 15 14 13 12 11 10 9 8 0.99 24 22 20 19 18 17 16 15 14 13 11 10 9 0.98 26 24 22 21 20 19 18 16 15 14 13 12 10 0.97 28 26 24 23 22 21 19 18 17 16 14 13 12 0.96 30 28 26 25 24 22 21 19 18 17 16 14 13 0.95 32 29 28 26 25 24 22 21 20 18 17 16 14 0.94 33 31 29 28 27 25 24 22 21 20 18 17 15 0.93 35 33 31 29 28 27 25 24 22 21 20 18 16 0.92 37 34 32 31 30 28 27 25 24 22 21 19 18 0.91 .38 36 34 32 31 30 28 26 25 24 22 21 19 0.90 39 37 35 34 33 31 29 28 26 25 23 22 20 0.89 41 38 37 35 34 32 31 29 28 26 25 23 21 0.88 42 40 38 36 35 34. 32 30 29 27 26 24 22 0.87 43 41 39 38 37 35 33 32 30 29 27 25 23 0.86 45 42 41 39 38 36 34 33 31 30 28 26 24 0.85 46 44 42 40 39 38 36 34 33 31 29 28 25 0.84 47 45 43 42 40 39 37 35 34 32 30 29 27 0.83 49 46 44 43 42 40 38 36 35 33 31 30 28 0.82 50 47 46 44 43 41 39 38 36 34 33 31 29 0.81 51 49 47 45 44 42 41 39 37 36 34 32 30 0.80 52 50 48 46 45 44 42 40 38 37 35 33 31 0.79 54 51 49 48 46 45 43 41 39 38 36 34 32 0.78 55 52 50 49 48 46 44 42 41 39 37 35 33 0.77 56 54 52 50 49 47 45 43 42 40 38 36 34 0.76 57 . 55 53 51 50 48 46 44 43 41 39 37 35 0.75 58 56 54 52 51 49 47 46 44 42 40 38 36 60 57 55 53 52 51 48 47 45 43 41 40 37 61 58 - 56 55 53 52 50 48 46 44 43 41 38 Reject 62 59 57 56 54 .53 51 49 47 45 44 42 39 63 61 58 57 55 54 52 50 48 47 45 43 40 64 62 60 58 57 55 53 51 49 48 46 1 44 41 Reject Values Greater Than Those Shown Above Notes: 1. To obtain a quality factor when the estimated percent outside specification limits from table, "Upper Quality Index Qu or Lower Quality Index QL," does not correspond to a value in the table, use the next larger value. Compute the composite of single quality factors, QFC, for a lot using: 59 S QFc — Ex'; QF gc, where: QFC= the composite quality factor for the lot rounded to 2 decimal places. QFgc;= the quality factor for the individual quality characteristic. w= the weighting factor listed in the table HMA Acceptance—QC/QA. i= the quality characteristic index number in the table HMA Acceptance — QC/QA. 39-4.04 ENGINEER'S QUALITY ASSURANCE 39-4.04A GENERAL • The Engineer assures quality by: 1. Reviewing mix designs and proposed JMF 2. Inspecting procedures 3. Conducting oversight of quality control inspection and records 4. Verification sampling and testing during production and paving 39-4.04B VERIFICATION SAMPLING AND TESTING General • The Engineer samples: 1. Aggre.gate.to verify gradation 2. HMA to verify asphalt binder content • The Engineer takes HMA and aggregate samples during production and splits each sample into 4 parts. The Engineer tests 1 part to verify quality control test results, submits 1 part to you, and reserves and stores 2 parts. Verification • For aggregate gradation and asphalt binder content, the ratio of verification testing frequency to the minimum quality control testing frequency is 1:5. The Engineer performs at. least 3 verification tests per lot. • Using the t-test, the Engineer. compares quality control tests results for aggregate gradation and asphalt binder content with corresponding verification test results. The Engineer uses the average and standard deviation of sequential sublots for the. comparison. When there are less than 20 sequential sublots, the Engineer uses the maximum number of sequential sublots available. For 20 sequential sublots or more, the Engineer uses a moving average and standard deviation of the last 20 sequential sublots. • The t-value for a group of test data is computed as follows: t 1 1 and S,_S11(Tt-1)+Sv(N-1) +'- P n,+r�-2 Ylc YJv 60 where: nc= Number of quality control tests (2 minimum, 20 maximum). nv= Number of verification tests (minimum of 1 required). Xc = Mean of quality control tests. Xv = Mean of verification tests. Sp= Pooled standard deviation (When nv= 1, SP= S j. SC= Standard deviation of quality control tests. Sv = Standard deviation of verification tests (when nv> 1). • The comparison of quality control test results and the verification test results is at a _ level of significance of a= 0.025. The Engineer computes t and compares it to the critical t-value, tc,it, from: Critical T-Value Degrees of freedom Gil Degrees of freedom Gil (nc+nom 2) (for a = 0.025) (nc+nv-2) (for a = 0.025) 1 24.452 18 2.445 2 6.205 19 2.433 3 4.177 20 2.423 4 3.495 21 2.414 5 3.163 22 2.405 6 2.969 23 2.398 7 2.841 24 2.391 8 2.752 25 2.385 9 2.685 26 2.379 10 2.634 27 2.373 11 2.593 28 2.368 12 2.560 29 2.364 13 2.533 . 30 2.360 14 2.510 40 2.329 15 2.490 60 2.299 16 2.473 120 2.270 17 2.458 00 2.241 • If the t-value computed is less than or equal to t,,;t, quality control test results are verified. _ • If the t-value computed is greater than tcr;t and both Xv and X. comply with acceptance specifications, the quality control tests are verified. You may continue to produce and place HMA with the following allowable differences: 1. IX v -X,I < 1.0 percent for any grading 2. IX v -X 11 <0.1 percent for asphalt binder content • If the t-value computed is greater than tcr;t and the IX v -X 11 for grading and asphalt binder content are greater than the allowable differences, quality control test results are not verified and: 61 1. The Engineer notifies you in writing. 2. You and the Engineer must investigate why the difference exist. 3. If the reason for the difference cannot be found and corrected, the Engineer's test results are used for acceptance and pay. 39-4.05 ENGINEER'S ACCEPTANCE 39-4.05A GENERAL • The Engineer samples aggregate and HMA for acceptance testing and tests for: 62 HMA Acce tance—QC/QA Index Quality Characteristic Weight Test HMA Type (i) -ing Method Factor (w) A B RHMA-G Aggre ate gradation a Sieve 3/4" 1/2" 3/8" 1 1/2" X -- -- 0.05 CT 202 JMF f Tolerance' 1 3/8" -- X -- 0.05 1 No.4 -- -- X 0.05 - 2 No. 8 X X X 0.10 3 No.200 X X X 0.15 4 Asphalt binder content 0.30 CT 379 or JMF f JMF f JMF f 382 0.45% 0.45% 0.5% 5 Percent of maximum theoretical 0.40 CT.375 92— 92-96% 91 -96% densityd'a 96% Sandequivalent(min.) CT 217 47 42 47 Stabilometer value '&11(min.) CT 366 No.4 and 3/8"gradings 30 30 -- 1/2"and 3/4"gradings 37 35 23 Air voids content(%)"' CT 367 4 f 2% 4 f 2% Specifica- tion f 2% Percent of crushed particles coarse CT 205 aggregate(%min.) One fractured face 90 25 Two fractured faces 70 -- 90 Fine aggregate(%min) (Passing No.4 sieve and retained on No. 8 sieve.) 70 20 70 HMA moisture content max.) CT 370 1.0% 1.0% 1.0% Los Angeles Rattler(%max.) CT 211 Loss at 100 rev. 12 -- 12 Loss at 500 rev. 45 50 45 Fine aggregate angularity(%min.) AASHTO Report Report Report T 304, only only only Method A Flat and elongated particle(%max.@ ASTM Report Report Report 5:1) D 4791 on onlyonl Voids in mineral aggregate(%min.) LP-2 Report Report Report only only only Voids filled with asphalt(%) Report Report Report LP-3 only only only Dust proportion LP-4 Report Report Report only only only Smoothness Section 12-foot 12-foot 12-foot 39-1.12 straight- straight- straight- edge, edge, edge, must- must- must- grind, grind,and grind,and and PIo Plo Plo Asphalt binder Various Section Section 92 Section 92 92 63 Section 92 -1.02(C) Asphalt rubber binder Various -- -- and Section 39-1.02D Asphalt modifier Various __ __ Section 39-1.02D Crumb rubber modifier Various __ __ Section 39-1.02D Notes: a. The Engineer determines combined aggregate gradations containing RAP under Laboratory Procedure LP-9. b. "X"denotes the sieves the Engineer considers for the specified aggregate gradation. C. The tolerances must comply with the allowable tolerances in Section 39-1.02E,"Aggregate." d. The Engineer determines percent of maximum theoretical density if the total paved thickness is at least 0.15 foot under California Test 375 except the Engineer uses: 1. California Test 308, Method A, to determine in-place density of each core instead of using the nuclear gauge in Part 4,"Determining In-Place Density By The Nuclear Density Device." 2. California Test 309 to determine maximum theoretical density instead of calculating test maximum density in Part 5, "Determining Test Maximum Density." e. The Engineer determines maximum theoretical density(California Test 309)at the frequency specified for Test Maximum Density under California Test 375,Part 5.D. f. The Engineer reports the average of 3 tests from a single split sample. g. The Engineer prepares and tests a set of 3 briquettes for each stability determination. If the stability range is more than 12 points,the Engineer prepares new briquettes. h. Modify California Test 304,Part 2.B.2.c: "After compaction in the mechanical compactor,cool to .140 degrees F t 5 degrees F by allowing the briquettes to cool at room temperature for 0.5 hour,then place the briquettes in the oven at 140 degrees F for a minimum of 2 hours and not more than 3 hours." i. The Engineer determines the bulk density of each lab-compacted briquette under California Test 308, Method A,and theoretical maximum specific gravity under California Test 309. • The Engineer determines the percent of maximum theoretical density from the average density of 3 cores you take from every 750 tons of production or part thereof divided by the maximum.theoretical density. • If the total paved thickness is at least 0.15 foot and any lift is less than 0.15 foot, the Engineer determines the percent of maximum theoretical density from cores taken from the final lift measured the full depth of the total paved HMA thickness. • For any single quality characteristic for which a quality control factor, QFQci, is not determined, except smoothness, if 2 consecutive acceptance test results do not comply with specifications: 1. Stop production. 2. Take corrective action. 3. In the Engineer's presence, take samples and split each sample into 4-parts. Test 1 part for compliance with the specifications and submit 3 parts to the Engineer. The Engineer tests 1 part for compliance with the specifications and reserves and stores 2 parts. 4. Demonstrate compliance with the specifications before resuming production and placement on the State highway. 64 39-4.05B STATISTICAL EVALUATION, DETERMINATION OF QUALITY FACTORS AND ACCEPTANCE Statistical Evaluation and Determination of Quality Factors • To determine the individual quality factor, QFQC;, for any quality factor i = 1 through 5 or a lot's composite quality factor, QFC, for acceptance and payment adjustment, the Engineer uses the evaluation specifications under Section 39-4.03F, "Statistical Evaluation," and: 1. Verified quality control test results for aggregate gradation 2. Verified quality control test results for asphalt binder content 3. The Engineer's test results for percent of maximum theoretical density Lot Acceptance Based on Quality Factors • The Engineer accepts a lot based on the quality factors determined for aggregate gradation and asphalt binder content, QFQCi for i = 1 through 4, using the total number of verified quality control test result values and the total percent defective (Pu+PL). • The Engineer accepts a lot based on the quality factor determined for maximum theoretical density, QFQC5, using the total number of test result values from cores and the total percent defective (PU+PL). • The Engineer calculates the quality factor for the lot, QFC, which is a composite of weighted individual quality factors, QFQCi, determined for each quality characteristic in the table "HMA Acceptance—QC /QA" in Section 39-4.05A, "General." • The Engineer accepts a lot based on quality factors if: 1. The current composite quality factor, QFC, is 0.90 or greater 2. Each individual quality factor, QFQCi for i= 3, 4, and 5, is 0.90 or greater 3. Each individual quality factor, QFQC; for i = 1 and 2, is 0.75 or greater • No single quality characteristic test may represent more than the smaller of 750 tons or. 1 day's production. Payment Adjustment • If a lot is accepted, the Engineer adjusts payment with the following formula: n PA= HAM CP*wi•[QFQci*(HMATT-WHAM TE)+WHAM 771-(HMACP*HIM 7I where: PA = Payment adjustment rounded to 2 decimal places. HMA CP= HMA contract price. HMATT= HMA total tons represented in the lot. WHMATTi= Total tons of waived quality characteristic HMA. QFQC;= Running quality factor for the individual quality characteristic. QFQC; for i = 1 through 4 must be from verified Contractor's QC results. QFQCS must be determined from the Engineer's results on cores taken for percent of maximum theoretical density determination. W = Weighting factor listed in the HMA acceptance table. i = Quality characteristic index number in the HMA acceptance table. 65 • If the payment adjustment is a negative value, the Engineer deducts this amount from payment. If the payment adjustment is a positive value, the Engineer adds this amount to payment. • When the 21st sequential sublot becomes the 1st sublot in the moving average, the previous 20 sequential sublots become a lot for which the Engineer determines a quality factor. The Engineer uses this quality factor to pay for the HMA in the lot. The 21st sublot becomes the 1 st sublot (n= 1) in the next lot. If the next lot consists of less than 5 sublots, these sublots must be added to the previous sublots for quality factor determination using 21 to 24 sublots. 39-4.05C DISPUTE RESOLUTION • For percent of maximum theoretical density dispute resolution: 1. Referee tests must be performed under the specifications for acceptance testing. 2. The quality factor, QFQC5, must be determined using the referee tests. 3. If QFQC5 using the referee tests is less than or equal to ±1 percent of the original quality factor,the original test result is correct. 4. If QFQC5 using the referee tests is more than tl percent of the original quality factor, the quality factors determined from the referee tests supersede previously determined quality factors. • For dispute resolution for aggregate gradation and asphalt binder content: I. The disputing party determines the sublots to dispute. The disputed sublots must have at least 5 quality control tests and at least 1 associated acceptance test. 2. If any quality factor, QFQc; for i = 1 through 4, using the referee tests is less than or equal to±1 percent of the original quality factor, the original test result is correct. 3. If any quality factor, QFQc; for i = 1 through 4, using referee tests is more than ±1 percent of the original quality factor, the quality factors determined from the referee tests supersede previously determined quality factors. 39-5 MEASUREMENT AND PAYMENT 39-5.01 MEASUREMENT • The contract item price for HMA is measured by weight. The weight of each HMA mixture designated in the Engineer's Estimate must be the combined mixture weight. • If asphalt binder and asphaltic emulsion are paid with separate contract items, their contract item prices are measured under Section 92, "Asphalts," or Section 94, "Asphaltic Emulsions," as the case may be. • If recorded batch weights are printed automatically, the contract item price for HMA is measured by using the printed batch weights,provided: 1. Total aggregate and supplemental fine aggregate weight per batch is printed. If supplemental fine aggregate is weighed cumulatively with the aggregate, the total aggregate batch weight must include the supplemental fine aggregate weight. 2. Total asphalt binder weight per batch is printed. 3. Each truckload's zero tolerance weight is printed before weighing the first batch and after weighing the last batch. 66 4. Time, date, mix number, load number and truck identification is correlated with a load slip. 5. A copy of the recorded batch weights is certified by a licensed weighmaster and submitted to the Engineer. • The contract item price for placing HMA dike is measured by the linear foot along the completed length. The contract item price for placing HMA in.miscellaneous areas is measured as the in-place compacted area in square yards. In addition to the quantities measured on a linear foot or square yard basis, the HMA for dike and miscellaneous areas are measured by weight. • The contract item price for shoulder rumble strips is measured by the station along each shoulder on which the rumble strips are constructed without deductions for gaps between indentations. • The contract item price for geosynthetic pavement interlayer is measured by the square yard for the actual pavement area covered. 39-5.02 PAYMENT • The contract item prices paid per ton for hot mix asphalt as designated in the Engineer's Estimate include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved in constructing hot mix asphalt complete in place, as shown on the plans, as specified in these specifications and the special provisions, and as directed by the Engineer. • If HMA is specified to comply with Section 39-4, "Quality Control / Quality Assurance," the Engineer adjusts payment under that section. • Full compensation for the Quality Control Plan and prepaving conference shall be .considered as included in the contract prices.paid per ton for hot mix asphalt as designated in the Engineer's Estimate and no additional compensation will be allowed therefor. • Full compensation for performing and submitting mix designs and for Contractor sampling, testing, inspection, testing facilities, and preparation and submittal of results shall be considered as included in the contract prices paid per ton for. HMA as designated in the Engineer's Estimate and no additional compensation will be allowed therefor. • Full compensation for reclaimed asphalt pavement.shall be considered as included in the contract prices paid per ton for HMA as designated in the Engineer's Estimate and no additional compensation will be allowed therefor. • The contract item price paid per ton for hot mix asphalt (leveling) includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved in hot mix asphalt (leveling) complete in place.as shown on the plans, as specified in these specifications and the special provisions, and as directed by the Engineer. • The contract item prices paid per station for rumble strips as designated in the Engineer's Estimate include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved in constructing rumble strips, including fog seal coat, complete in place as shown on the plans, as specified in these specifications and the special provisions, and as directed by the Engineer. • The State will pay for HMA dike at the contract item price per linear foot for place HMA dike and by the ton for HMA. The contract item prices paid per linear foot for place hot mix asphalt dike as designated in the Engineer's Estimate include full compensation for furnishing all labor, tools, equipment, and incidentals, and for doing all the work involved in placing HMA dike, complete in place, including excavation, backfill, and preparation of the 67 area to receive the dike, as shown on the plans, as specified in these specifications and the special provisions, and as directed by the Engineer. • The State will pay for HMA specified to be a miscellaneous area at the contract item price per square yard for place hot mix asphalt (miscellaneous area) and per ton for hot mix asphalt. The contract item price paid per square yard for place hot mix asphalt (miscellaneous area) includes full compensation for furnishing all labor, tools, equipment, and incidentals, and for doing all the work involved in placing HMA (miscellaneous area) complete in place including excavation, backfill, and preparation of the area to receive HMA (miscellaneous area), as shown on the plans, as specified in these specifications and the special provisions, and as directed by the Engineer. • If the Quality Control / Quality Assurance construction process is specified, HMA placed in dikes and miscellaneous areas will be paid for at the contract price per ton for hot mix asphalt under Section 39-4, "Quality Control/Quality Assurance." Section 39-4.05B, "Statistical Evaluation, Determination of Quality Factors and Acceptance," shall not apply to HMA placed in dikes and miscellaneous areas. • If there are no contract items for place hot mix asphalt dike and place hot mix asphalt (miscellaneous area) and the work is specified, full compensation for constructing HMA dikes and HMA (miscellaneous areas) including excavation, backfill, and preparation of the area to receive HMA dike or HMA (miscellaneous area) shall be considered as included in the contract item price paid per ton for the hot mix asphalt designated in the Engineer's Estimate and no separate payment will be made therefor. • The contract item price paid per square yard for geosynthetic pavement interlayer includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in placing geosynthetic pavement interlayer complete in place as shown on the plans, as specified in these specifications and the special provisions, and as directed by the Engineer. • The contract item price paid per ton for paving asphalt (binder, geosynthetic pavement interlayer) includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in applying paving asphalt (binder, geosynthetic pavement interlayer), complete in place, including spreading sand to cover exposed binder material, as shown on the plans, as specified in these specifications and the special provisions, and as directed by the Engineer. • Full compensation for small quantities of HMA placed on geosynthetic pavement interlayer to prevent displacement during construction shall be considered as included in the contract item price paid per ton for the HMA being paved over the interlayer and no separate payment will be made therefor. • The contract item price paid per ton for tack coat includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in applying tack coat, complete in place, as shown on the plans, as specified in these specifications and the special provisions, and as directed by the Engineer. • If there is no item for tack coat and the work is specified, full compensation for tack coat shall be considered as included in the contract item price paid per ton for hot mix asphalt as designated in the Engineer's Estimate and no separate payment will be made therefor. • The Engineer will not adjust payment for increases or decreases in the quantities for tack coat, regardless of the reason for the increase or decrease. Section 4-1.0313, "Increased or Decreased Quantities," does not apply to the items for tack coat. • Full compensation for performing smoothness testing, submitting written and electronic copies of tests and performing corrective work including applying fog seal coat shall be 68 considered as included in the contract item price paid per ton for the HMA designated in the Engineer's Estimate and no separate payment will be made therefor. • Full compensation for spreading sand .on RHMA-G, RHMA-O, and RHMA-O-HB surfaces and for sweeping and removing excess sand shall be considered as included in the contract item price paid per ton for rubberized hot mix asphalt as designated in the Engineer's Estimate and no separate payment will be made therefor. • If the Engineer fails to comply with a specification within a specified time, and if, in the opinion of.the Engineer, work completion is delayed because of the failure, the Engineer adjusts payment and contract time under Section 8-1.09, "Right of Way Delays." • If the dispute resolution ITP determines the Engineer's test results are correct, the Engineer deducts the ITP's testing costs from payments. If the ITP determines your test results are correct,. the State pays the ITP's testing costs. If, in the Engineer's opinion, work completion is delayed because of incorrect Engineer test results,.the Engineer adjusts payment and contract time under Section 8-1.09, "Right of Way Delays." SECTION 65: REINFORCED CONCRETE PIPE Issue Date: July 31, 2007 The first paragraph of Section 65-1.02, "Materials," of the Standard Specifications is amended to read: • Cementitious material and aggregate shall conform to the provisions in Section 90-2, "Materials" except that mortar strengths relative to Ottawa sand and grading requirements shall not apply to the aggregate. Use of supplemental cementitious material shall conform to AASHTO Designation: M 170. Subparagraph "c" of the eleventh paragraph of Section 65-1.02A(l) "Circular Reinforced Concrete Pipe (Designated or Selected by Class)," of the Standard Specifications is amended to read: c. Cementitious material and aggregate for non-reinforced concrete-pipe shall conform to the provisions in Section 65-1,02, "Materials." The first paragraph of Section 65-1.035, "Concrete Backfill," of the Standard Specifications is amended to read: • At locations where pipe is to be backfilled with concrete as shown on the plans, the concrete backfill shall be constructed of minor concrete or Class.4 concrete in conformance with the provisions in Section 90, "Portland Cement Concrete." Minor concrete shall contain not less than 380 pounds of cementitious material per cubic yard. The concrete to be used will be designated in the contract item. The third paragraph of Section 65-1.035, "Concrete Backfill," of the Standard Specifications is amended to read: • The surface of the concrete backfill shall be broomed with a heavy broom to produce a uniform rough surface if hot mix asphalt is to be placed directly thereon. 69 The first subparagraph of the second paragraph of Section 65-1.06, "Joints," of the Standard Specifications is amended to read: • Cement Mortar.- Mortar shall be composed of one part cementitious material and 2 parts sand by volume. Supplementary cementitious material will not be required. SECTION 85: PAVEMENT MARKERS Issue Date: July 31, 2007 The sixth paragraph in Section 85-1.06, "Placement," of the Standard Specifications is amended to read: • Pavement markers shall not be placed on new hot mix asphalt surfacing or seal coat until the surfacing or seal coat has been opened to public traffic for a period of not less than 7 days when hot melt bituminous adhesive is used, and not less than 14 days when epoxy adhesive is used. The second sentence of the fourteenth paragraph in Section 85-1.06, "Placement," of the Standard Specifications is amended to read: • Cleaning shall be done by blast cleaning on all surfaces regardless of age or type, except that blast cleaning of clean, new hot mix asphalt and clean, new seal coat surfaces will not be required when hot melt bituminous adhesive is used. SECTION 92: ASPHALTS Issue Date: February 2, 2007 Section 92, "Asphalts," of the Standard Specifications is amended to read: 92-1.01 DESCRIPTION • Asphalt is refined petroleum or a mixture of refined liquid asphalt and refined solid asphalt that are prepared from crude petroleum. Asphalt is: 1. Free from residues caused by the artificial distillation of coal, coal tar, or paraffin 2. Free from water 3. Homogeneous 92-1.02 MATERIALS GENERAL • Furnish asphalt under the Department's "Certification Program for Suppliers of Asphalt." The Department maintains the program requirements, procedures, and a list of approved suppliers at: http://www.dot.ca.gov/hq/esc/Translab/fpmcoc.htm • Transport, store,use, and dispose of asphalt safely. 70 • Prevent the formation of carbonized particles caused by overheating asphalt during manufacturing or construction. GRADES • Performance graded(PG) asphalt binder is: 71 Performance Graded Asphalt Binder Specification Grade Property AASHTO Test PG PG PG PG PG Method 58-22 a 64-10 64-16 64-28 70-10 Original Binder Flash Point,'Minimum °C T 48 230 230 230 230 230 Solubility,Minimum % T 44 99 99 99 99 99 Viscosity at 135°C, ° T 316 Maximum, Pa-s 3.0 3.0 3.0 3.0 3.0 Dynamic Shear, T 315 Test Temp. at 10 rad/s,°C 58 64 64 64 70 Minimum G*/sin(delta),kPa 1.00 1.00 1.00 1.00 1.00 RTFO Test, ' T 240 Mass Loss, Maximum,% 1.00 .1.00 1.00 1.00 1.00 RTFO Test Aged Binder Dynamic.Shear, T 315 Test Temp. at 10 rad/s,°C .. 58 64 64 64 70 Minimum G*/sin(delta),kPa 2.20 2.20 2.20 2.20 2.20 Ductility at 25°C T 51 Minimum,cm 75 75 75 75 75 PAV Aging, R 28 Temperature,°C 100 100 100 100 110 RTFO Test and PAV Aged Binder Dynamic Shear, T 315 Test Temp. at 10 rad/s,°C 22 d 31 d 28 d 22 d 34 d Maximum G*sin(delta),kPa - 5000 5000 5000 5000 5000 Creep Stiffness, T 313 Test Temperature, °C -12 0 -6 -18 0 Maximum S-value, Mpa 300 300 300 300 300 Minimum M-value 0.300 1 0.300 0.300 1 0.300 0.300 Notes: a. Use as asphalt rubber base stock for high mountain and high desert area. b. The Engineer waives this specification if the supplier is a Quality Supplier as defined by the Department's "Certification Program for Suppliers of Asphalt." c. The Engineer waives this specification if the supplier certifies the asphalt binder can be adequately pumped and mixed at temperatures meeting applicable safety standards. d. Test the sample at PC higher if it fails at the specified test temperature. G*sin(delta) remains 5000 kPa maximum. e. "RTFO Test" means the asphaltic residue obtained using the Rolling Thin Film Oven Test, AASHTO Test Method.T 240 or ASTM Designation: D 2872. The residue from mass change determination may be used for other tests. f. "PAW means Pressurized Aging Vessel. • Performance graded polymer modified asphalt binder(PG Polymer Modified) is: .72 Performance Graded Polymer Modified Asphalt Binder a Specification Grade Property AASHTO Test Method PG PG PG 58-34 PM 64-28 PM 76-22 PM Original Binder Flash Point, Minimum °C T 48 230 23.0 230 Solubility, Minimum% T 44` 98.5 98.5 98.5 Viscosity at 135°C, T 316 Maximum, Pa-s 3.0 3.0 3.0 Dynamic Shear, T 31.5 Test Temp.at 10 rad/s,*C 58 64 76 Minimum G*/sin(delta),kPa 1.00 1.00 1.00 RTFO Test , T 240 Mass Loss,Maximum,% 1.00 1.00 1.00 ,RTFO Test Aged Binder Dynamic Shear, T 315 Test Temp.at 10 rad/s,°C 58 64 76 Minimum G*/sin(delta),kPa 2.20 2.20 2.20 Dynamic Shear, T 315 Test Temp.at 10 rad/s,°C Note e Note e Note e Maximum(delta),% 80 80 80 Elastic Recovery , T 301 Test Temp.,°C 25 25 25 Minimum recovery,% 75 75 65 PAVI Aging, R 28 Temperature,°C 100 100 110 RTFO Test and PAV Aged Binder Dynamic Shear, T 315 Test Temp. at 10 rad/s,°C 16 22 31 Maximum G*sin(delta),kPa 5000 5000 5000 Creep Stiffness, T 313 Test Temperature,'C -24 -18 -12 Maximum S-value,.MPa 300 300 300 Minimum M-value 0.300 1 0.300 1 0.300 Notes: a. Do not modify PG Polymer Modified using acid modification. b. The Engineer waives this specification if the supplier is a Quality Supplier as defined by the Department's "Certification Program for Suppliers of Asphalt." C. The Department allows ASTM D 5546 instead of AASHTO T 44 d.. The Engineer waives this specification if the supplier certifies the asphalt binder can be.adequately pumped and mixed at temperatures meeting applicable safety standards. 73 e. Test temperature is the temperature at which G*/sin(delta) is 2.2 kPa. A graph of log G*/sin(delta) plotted against temperature may be used to determine the test temperature when G*/sin(delta) is 2.2 kPa. A graph of(delta)versus temperature may be used to determine delta at the temperature when G*/sin(delta) is 2.2 kPa. The Engineer also accepts direct measurement of(delta) at the temperature when G*/sin(delta) is 2.2 kPa. f. Tests without a force ductility clamp may be performed. 9- "PAW means Pressurized Aging Vessel. SAMPLING • Provide a sampling device in the asphalt feed line connecting the plant storage tanks to the asphalt weighing system or spray bar. Make the sampling device accessible between 24 and 30 inches above the platform. Provide a receptacle for flushing the sampling device. • Include with the sampling device a valve: 1. Between 1/2 and 3/4 inch in diameter 2. Manufactured in a manner that a one-quart sample may be taken slowly at any time during plant operations 3. Maintained in good condition • Replace failed valves. • In the Engineer's presence, take 2 one-quart samples per operating day. Provide round, friction top, one-quart containers for storing samples. 92-1.03 EXECUTION • If asphalt is applied, you must comply with the heating and application specifications for liquid asphalt in Section 93, "Liquid Asphalts." 92-1.04 MEASUREMENT • If the contract work item for asphalt is paid by weight, the Department measures asphalt tons by complying with the specifications for weight determination of liquid asphalt in Section 93, "Liquid Asphalts." • The Engineer determines the asphalt weight from volumetric measurements if you: 1. Use a partial asphalt load 2. Use asphalt at a location other than a mixing plant and no scales within 20 miles are available and suitable 3. Deliver asphalt in either of the following: 3.1. A calibrated truck with each tank accompanied by its measuring stick and calibration card 3.2. A truck equipped with a calibrated thermometer that determines the asphalt temperature at the delivery time and with a vehicle tank meter complying with the specifications for weighing, measuring, and metering devices in Section 9-1.01, "Measurement of Quantities" • If you furnish asphalt concrete from a mixing plant producing material for only one project, the Engineer determines the asphalt quantity by measuring the volume in the tank at 74 the project's start and end provided the tank is calibrated and equipped with its measuring stick and calibration card. • The Engineer determines pay quantities from volumetric measurements as follows: 1. Before converting the volume to weight, the Engineer reduces the measured volume to that which the asphalt would occupy at 60 °F. 2. The Engineer uses 235 gallons per ton and 8.51 pounds per gallon for the- average weight and volume for PG and PG Polymer Modified asphalt grades at 60 °F. 3. The Engineer uses the Conversion Table in Section 93, "Liquid Asphalts." SECTION 93: LIQUID ASPHALTS Issue Date: November 3, 2006 The ninth paragraph of Section 93-1.04, "Measurement," of the Standard Specifications is amended to read: • The following Legend and Conversion Table is to be used for converting volumes of liquid asphalt products, Grades 70 to 3000, inclusive, and paving asphalt Grades PG 58-22, PG 64-10, PG 64-16, PG 64-28, and PG 70-10, and Grades PG 58-34 PM, PG 64-28 PM, and PG 76-22 PM. END OF AMENDMENTS SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS 2-1.01 GENERAL The bidder's attention is directed to the provisions in Section 2, "Proposal Requirements and Conditions," and Section 8-1.01, "Subcontracting," of the Standard Specifications and these special provisions for the requirements and conditions which must be observed in the preparation of the proposal form and the submission of the bid. The first paragraph in Section 2-1.07, "Proposal Guaranty," of the Standard Specifications is amended to read: All bids shall be presented under sealed cover and, if the bid is greater than $25,000, accompanied by one of the following forms of bidder's security: Cash, cashier's check, a certified check,or a bidder's bond executed by an admitted surety insurer, .made payable to the Board of Supervisors of Contra Costa.County, State of California. The first sentence of the last paragraph in Section 2-1.07, "Proposal Guaranty," of the Standard Specifications is amended to read: The bidder's bond shall conform to the bond form in the "Proposal and Contract" book for the project and shall be properly filled out and executed. 75 The form of Bidder's Bond mentioned in the last paragraph in Section 2-1.07, "Proposal Guaranty," of the Standard Specifications will be found following the signature page of the proposal annexed hereto. In conformance with Public Contract Code Section 7106, a Noncollusion Affidavit is included in the Proposal. Signing the Proposal shall also constitute signature of the Noncollusion Affidavit. To assist the Agency in verifying a bidder's intent to comply with Section 8-1.01, "Subcontracting," of the Standard Specifications, the bidder shall furnish upon request from the Agency copies of all subcontracts; all accepted subcontract or supplier quotes; and/or written explanation as to the bidder's plan for compliance within 48 hours of such a request. Non-compliance with such a request may be grounds for declaring a bidder non-responsive and therefore ineligible for award. 2-1.02 WARRANTY AND REPAIR AGREEMENT All improvements installed under this contract, including all road, storm drain, irrigation, traffic signal, and highway lighting system improvements and equipment shall be covered by the WARRANTY AND REPAIR AGREEMENT found in the Proposal. This agreement shall be executed without contingencies by the Contractor prior to the acceptance of the work as complete. SECTION 3 - OUTREACH PROGRAM/MANDATORY SUBCONTRACTING MINIMUM/AWARD AND EXECUTION OF CONTRACT SECTION 3-1.00 OUTREACH PROGRAM 3-1.01 GENERAL This project is subject to the policies and requirements established in the County's Outreach Program for the use of Minority Business Enterprises (MBEs), Women Business Enterprises (WBEs), Other Business Enterprises (OBEs), Small Business Enterprises (SBEs), and Local Business Enterprises (LBEs). The County is committed to ensuring full and equitable participation by minority, women, and other sub-bid or subcontracting businesses in County-funded construction projects. The Outreach Program is set forth herein. Bidders should be fully informed of this program. Bidders are encouraged to use MBE/WBE firms whenever there is a need to subcontract portions of the work. Failure to comply with the County's Outreach Program may render the bid non-responsive. 3-1.02 MBE/WBE/OBE PARTICIPATION The Outreach Program requires the bidder to make a "Good Faith Effort" to obtain sub-bid participation by MBEs, WBEs, SBEs, and LBEs which is anticipated by the County to produce levels of participation as stated in the proposal form. 3-1.03 DEFINITIONS For purposes of this program, the following definitions shall apply: A. "Minority or Women Business Enterprise (MBE or WBE)" means a business enterprise that meets both of the following criteria: 76 1. A business entity that is at least 51 percent owned by one or more minority persons or women or, in the case of any business whose stock is held, at least 51 percent of the stock is owned by one or more minority persons or women; and 2. A business whose management and daily business operations are controlled by one or more minority persons or women. B. "Other Business Enterprise (OBE)" means any business which does not otherwise qualify as a Minority or Women Business Enterprise. C. "Small Business Enterprise. (SBE)" means a small business concern, as defined in Section 3 of the Small Business Act and implementing regulations (Volume 13 of the Code of Federal Regulations, Chapter 1). D. "Local Business Enterprise (LBE)" means a business that has its main office of principal place of business within the boundaries of Contra Costa County. . E. "Minority person" means African Americans; Hispanic Americans; Native Americans (including American Indians, Eskimos, Aleuts, and Native Hawaiians); Asian Pacific(including persons whose origins are from Japan, China, Taiwan, Korea, Vietnam, Laos, Cambodia, the Philippines, Samoa, Guam, the U.S. Trust Territories of the Pacific and the Northern Marianas); and Asian Indians (including persons whose origins are from India, Pakistan, and Bangladesh). F. "Subcontract" means an agreement between the prime contractor and an individual, firm, or corporation for the performance of a particular portion(s) of the work which the prime contractor has obligated itself. G. "Subcontractor" means an individual, firm, or corporation having a direct contract with the contractor for the performance of a part of the work which is proposed to be constructed or done under the contract or permit, including the furnishing of all labor, materials, or equipment. H. "Vendor and/or supplier" means a firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in stock, and regularly sold to the public in the usual course of business. The firm must engage in , as its principal business, and its own name, the purchase and the sale of the products in question. A vendor and/or supplier of bulk items such as steel, cement, stone, and petroleum products need not keep such products in stock, if it owns or operates distribution equipment. 1. "Manufacturer".means a firm that operates or maintains a factory or establishment that produces on the premises the materials or supplies obtained by the contractor. J. "Trucker" means a firm that performs hauling or trucking work with trucks owned or leased by that-firm. K. "Broker" means a firm that changes for providing a bona fide service such as professional, technical, consultant, or managerial services and assistance in the 77 procurement of essential personnel, facilities, equipment, insurance or bonds, materials, or supplies required for the performance of the contract. The fee or commission is to be reasonable and not excessive as compared with fees customarily allowed for similar services. 3-1.04 CERTIFICATION AND PARTICIPATION OF MINORITY AND WOMEN BUSINESS ENTERPRISES A. If recognition is to be given to MBE/WBE participation on this project, within two (2) working days after bid opening, an MBE/WBE must be (a) certified by the involved County department or self-certified on an appropriate form satisfactory to the County; or (b) certified by any of the following agencies State of California Department of Transportation(Caltrans), City of Oakland, Port of Oakland, Regional Transit Coordinating Council, San Francisco Human Rights Commission, Los Angeles County Metropolitan Transportation Commission, or U.S. Small Business Administration. Applications for certification and/or directories of MBE/WBE/SBE/LBE certified firms are available at the following locations: 1. Contra Costa County. Affirmative Action Office 651 Pine Street Martinez, California 94553 Phone: 925-335-1045 Fax: 925-646-1353 www.asecr@cao.cccounty.us Co. website: http://co.contra-costa.ca.us 2. City of Oakland City Managers Office Contract Compliance Division 250 Frank H. Ogawa Plaza, #3341 Oakland, California 94612 Phone: 510 - 238-3970 Fax: 510—238-3363 www.oaklandnet.com (Contract Compliance Section) 3. U. S. Small Business Administration San Francisco District Office 455 Market Street, 61 Floor San Francisco, CA 94105-2420 Phone: 415- 744-6808 Fax: 415- 744-6812 www.sba.gov 78 4. California Unified Certification Program The following agencies belong to the California Unified Certification Program (CUCP) and certify firms as DBEs in accordance with U.S. Department of Transportation regulations to be placed in the UCP Directory. CUCP Directory State of California Department of Transportation(CalTrans) Office of Civil Rights Certification Unit 2830 Alhambra Boulevard Sacramento, CA 95816 Phone: 866-810-6346 Fax: 916-227-9596 www.dot.ca.gov (Civil Rights Section) a. Bay Area Rapid Transit District(BART) Lee Davis, Director Office of Civil Rights 300 Lakeside Drive, 26`h Floor Oakland, CA 94604-2688 OR 800 Madison Street Oakland, CA 94604-2688 OR P. O. Box 12688 Oakland, CA 94604-2688 Phone: 510-464-7580 (Roland Hom) Fax: 510-464-7587 www.bart.gov (Doing Business Section) b. Central Contra Costa Transit Authority (CCCTA) Office of Civil Rights 2477 Arnold Industrial Way Concord,CA 94520-5327 Phone: 925-676-1976 EXT 207 Fax: 925-686-2630 www.cccta.org c. San Mateo County Transit District(SAMTRANS) Peninsula Corridor Joint Powers Board (JPB) DBE Office 1250 San Carlos Avenue San Carlos, CA 94070 Phone: 650-508-7939 Fax: 650-508-6415 www.saintrans.com. (Procurement Section) 79 d. San Francisco Public Transportation Department Accessible Services and Contract Compliance 1145 Market Street, 71 Floor San Francisco, CA 94103 Phone: 415-934-3987 Fax: 415-934-3980 www.sfmuni.com e. San Francisco International Airport Airport Minority/Women Opportunity For Concessions Only P. O. Box 8097 San Francisco, CA 94128 Phone: 650-821-5021 Fax: 650-821-5146 www.flysfo.com. f. Santa Clara Valley Transportation Authority (VTA) Small & Disadvantaged Businesses 3331 North First Street San Jose, CA 95134-1906 Phone: 408-321-5962 Fax: 408-955-9729 www.vta.org g. San Joaquin Regional Rail Commission DBE Liaison Officer 5000 S. Airport Way, #102 Stockton, CA 95206 Phone: 1-800-411-7245 Phone: 209-944-6220 Fax: 209-944-6225 www.acerail.com h. City of Fresno DBE Program 2101 G Street, Building A Fresno, CA 93706 Phone: 559-498-4071 Fax: 559-488-1069 w%vw.ci.fresno.ca.us i. Yolo County Transportation District DBE Programs 350 Industrial Way Woodland, CA 95776 Phone: 530-661-0816 Fax: 530-661-1732 www. ctd.org 80 j. Los Angeles County Metropolitan Transportation Authority (MTA) Small Business Diversity and Labor Compliance One Gateway Plaza Los Angeles, CA 90012 Phone: 213-922-2600 Phone: 213-922-4827 (Elfa Tran) Phone: 213-922-2600 Ext 722-4163 Certification Hot Line Fax: 213-922-7660 www.mta.net k. City of Los Angeles Office of Contract Compliance 600 South Spring Street, Suite 1300 Los Angeles, CA 90014 Phone: 213-847-6480 Fax: 213-847-5566 www.lacity.org/bca 5. San Francisco Human Rights Commission 25 Van Ness Avenue, Suite 800 San Francisco, CA 94102-6033 Phone: 415-252-2500 Fax 415-431-5764 www.sflirc.org 6. State of California Department of General Services Procurement Division Small Business and DVBE Certification 707 Third Street, 0 Floor, Room 400 West Sacramento, CA 95798-9052 Phone: 800-559-5529 Phone: 916-375-4940 Fax: 916-375-4950 vrivw.pd.dgs.ca.gov/smbus/certing.htm OR P.O. Box 989052 West Sacramento, CA 95798-9052 81 7. Port of Oakland Contract Compliance Office Office of Social Responsibility 530 Water Street Oakland, CA 94607 Phone: 510-627-1513 (Don Soria) Phone: 510-627-1436 (Ms. Marvell Jones) Fax: 510-451-1656 www.portofoaklarid.com B. This applies to recognition as an MBE/WBE. 1. All listed.MBE or WBE firms must be certified as defined under the proceeding paragraph before credit may be allowed toward the respective MBE or WBE participation level 2.. Work performed by a prime contractor will be considered for credit in computing any level of anticipated MBE/WBE participation established for this project. The prime contractor will be required to make a good faith effort to obtain certified MBEs/WBE through subcontracting to reach.anticipated participation levels. 3. A listed MBE or WBE firm must perform a commercially useful function i.e., must be responsible for the execution of a distinct element of the work and must carry out its responsibility by actually performing, managing, and supervising the work. 4. Recognition for materials and/or supplies is limited to 60 percent of the amount to be paid to the vendor for such materials/ supplies in computing the levels of MBE/WBE participation, unless the vendor manufactures or substantially alters the. materials/supplies. .5. MBE/WBE credit shall not be given to a Joint Venture partner listed as a subcontractor by a Joint Venture bidder. 6. MBE/WBE credit for brokers required for performance of the contract is limited to the reasonable fee or commission charged, as not considered excessive, as compared with fees customarily allowed for similar services. 3-1.05 GOOD FAITH EFFORT DOCUMENTATION The bidder must take affirmative steps prior to bid opening to ensure that a maximum effort is made to recruit sub-bidder/subcontractors. Minority and women-owned and controlled business must be considered along with other business enterprises whenever possible as sources of supplies, construction, and other services. The required affirmative steps for Good Faith Effort documentation are outlined below. It is a policy of Contra Costa County to provide all MBEs, WBEs, OBEs, SBEs and LBEs an equal opportunity to participate in the performance of all County contracts. Bidders must assist the County in implementing this policy by taking all reasonable steps to ensure that all qualified business enterprises, including MBEs, WBEs, OBEs, SBEs and LBEs have an equal opportunity to compete for and participate in County contracts. A bidder's good faith efforts to reach out to MBEs, WBEs, OBEs, SBEs and LBEs (subcontractors, suppliers, manufacturers, truckers, etc.) will be determined by the Board of Supervisors from written documentation of the level of effort put into achieving the indicators. . Failure to include supporting 82 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 11 2 1 3 1 4 1 5 1 6 7 8 9 10 Total Points 1 01 10 1 13 1 9 1 10 1 10 1 5 10 1 26 7 100 Each indicator (2-10) is evaluated on a pass/fail basis, i.e., either full or zero points can be achieved for compliance with each item. 1 LEVEL OF ANTICIPATED MBE/WBE PARTICIPATION F No Points The bidder has made a good faith effort to obtain sub-bid participation by MBEs, WBEs, OBEs, SBEs, and LBEs which could be expected by the County to produce a reasonable level of participation by interested business enterprises, 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 this project's pre-bid meeting and be listed on the attendance sheet; or b) Submit a letter and a copy of a previous attendance sheet from a pre-bid meeting or construction workshop. Bidder must be listed on the attendance sheet from a previous pre-bid .meeting or a County Construction Workshop (covering the procedure for completing the "Good Faith Effort" documentation) within the last twelve months from the date of the pre-bid meeting for the current project. Submit the letter and the previous attendance sheet either by fax to (925) 313-2044 or by mail to Public Works Department Department, Construction Division,255 Glacier Drive, Martinez, CA 94553-4825. 3 SUFFICIENT WORK IDENTIFIED FOR SUBCONTRACTORS 1 13 Points The bidder has identified, listed and selected specific work items in .the project to be performed by sub-bidders/subcontractors in order to provide an opportunity for participation by MBEs, WBEs, OBEs, SBEs, and LBEs. Upon making this determination, the bidder subdivided the total contract'work.requirements into smaller portions or quantities to permit maximum active participation of MBEs, WBEs, OBEs, SBEs, and LBEs. Required Documentation: Proof of this must be demonstrated in either Indicator 4 or 5. 83 4 ADVERTISEMENT 9 Points Not less than ten(10) calendar days prior to bid opening, the bidder advertised for sub-bids from interested business enterprises in one or more daily or weekly newspapers, trade association publications, minority or trade oriented publications, trade journals, or other media, specified by the County, such as the Daily Construction Service, the Daily Pacific Builder, or the Small Business Exchange. Required Documentation: A copy of the advertisement and a proof of publication statement or other verification, which confirms the date the advertisement was published. Note: The advertisement must be specific to the project, not generic, and may not be a plan holder advertisement provided by the publication. It should include the County project name, name of bidder, areas of work available for subcontracting, and a contact person's name and telephone number, information on the availability of plans and specifications and the bidder's policy concerning assistance to subcontractors in obtaining bonds, lines of credit, and/or insurance. Consideration will be given to the wording of the advertisement to ensure that it did not exclude or seriously limit the number of potential respondents. 5 WRITTEN NOTICES TO SUBCONTRACTORS 10 Points The bidder has provided written notice of its interest in receiving sub-bids on the contract to those subcontractors, suppliers, manufacturers, and truckers, including MBEs, WBEs, OBEs, SBEs, and LBEs having an interest in participation in the selected work items. All notices of interest shall be provided not less than ten (10) calendar days prior to the date the bids are required to be submitted. Required Documentation: A copy of each letter sent to available MBEs, WBEs, OBEs, SBEs, and LBEs for each item of work to be performed. If there is only one master notification, then a copy of the letter along with a listing of all recipients will suffice. Faxed copies must include the fax transmittal confirmation slip showing the date and time of transmission. Mailed letters must include copies of the metered envelopes or certified mail receipts. Letters must contain: areas of work to be subcontracted; County project name; name of the bidder; contact person's name, address, and telephone number; information on the availability of plans and specifications; and the bidder's policy concerning assistance with bonds, lines of credit, and insurance. Note: This written notice can be used to satisfy Indicators 3, 7, and 10. CERTIFICATION AGENCIES (Bidders should contact the agencies listed in Paragraph 3-1.04A above to obtain current copies of MBE/WBE directories for listings of certified MBE/WBE firms.) 6 1 FOLLOW-UP ON INITIAL SOLICITATION 10 Points The bidder has documented efforts to follow-up initial solicitations made in Indicator 95 by contacting the MBEs, WBEs, OBEs, LBEs, and SBEs to determine with certainty whether said 84 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. 8 CONTACTED RECRUITMENT/PLACEMENT 10 Points ORGANIZATIONS The bidder has requested assistance from organizations that provide assistance in the recruitment and placement of MBEs, WBEs, OBEs, SBEs, and LBEs not less than fifteen (15) calendar days prior to.the submission of bids.. Any organizations which have been contacted must be listed in the required documentation. Required Documentation: A copy of each letter sent to outreach agencies requesting assistance in recruiting MBEs, WBEs, OBEs, SBEs, and LBEs. Faxed copies must include the fax transmittal confirmation slip showing the date and time of transmission. Mailed letters must include copies of the metered envelopes or certified mail receipts. Letters must contain areas of work to be subcontracted, County project name, name of the bidder, and contact person's name, address, and telephone number. 9 NEGOTIATE IN GOOD FAITH 26 Points The bidder has negotiated in good faith with interested MBEs, WBEs, OBEs, SBEs, and LBEs and did not unjustifiably reject as unsatisfactory bids or proposals prepared by any enterprise, as determined by the County. Required Documentation: a) Copies of all MBE/WBE/OBE/SBE/LBE bids or quotes received;.and b) Summary sheet organized by work area, listing the bids received, the name of ,the company that submitted the bid, the dollar amount of the bid and the subcontractor selected for that work area. If the bidder elects to perform a listed work area with its own forces, they must include a bid that shows their own costs for the work. 10 BOND, LINES OF CREDIT, AND INSURANCE ASSISTANCE 7 Points 85 The bidder has documented efforts to advise and assist interested MBEs, WBEs, OBEs, SBEs, and LBEs in obtaining bonds, lines of credit, and insurance required by the County or contractor. Required Documentation: Include in Indicator 4 or 5, information about the bidder's efforts to assist with bonds, lines of credit, and insurance. 3-1.05A GOOD FAITH EFFORT DOCUMENTATION SUBMITTAL No later than two (2) working days following bid opening, the bidders shall submit completed good faith effort documentation to the County. In its review of the good faith effort documentation, the County may request additional information to validate and/or clarify that the good faith effort submission was adequate. Such information shall be submitted promptly upon request by the County. To assist the bidders in properly documenting their outreach efforts, the County has prepared the "Good Faith Effort Documentation Booklet". The booklet can be downloaded from the Internet at the following location: www.co.contra-costa.ca.us/depart/pw/ Click on"Contractor Info" and select"Co. Outreach GFE Booklet." For MBE/WBE firms to be used on the project,the bidder shall submit, within two (2) working days after bid opening, a completed "Letter of Intent" form for each such firm (see sample form attached to the Proposal). Use of the form will verify the amount of work each MBE/WBE subcontractor, supplier, manufacturer, or trucker intends to perform. The form shall be signed by the MBE/WBE subcontractor, supplier, manufacturer, or trucker identifying the item(s) of work to be performed and the actual dollar value to be received. 3-1.06 AWARD OF CON'T'RACT The Board reserves the right to reject any and all bids. The award of a contract will be to the lowest responsive, responsible bidder whose proposal complies with all requirements prescribed herein. This includes compliance with the required Outreach Program. A positive and adequate demonstration to the satisfaction of the Board of Supervisors that a good faith effort to include MBE/WBE/OBE/SBE/LBE subcontractors' participation was made is a condition for eligibility for award of the contract. In the event that the Board considers awarding away from the apparent low bidder because of the bidder's failure to supply adequate good faith effort documentation, the County shall afford the bidder an opportunity to present further evidence prior to award of contract. The Board specifically reserves the right, in its sole discretion, to waive any of the time requirements set forth in Section 3 and to waive any other irregularities relating to compliance with the County's Outreach Program. 3-1.07 SUBCONTRACTOR SUBSTITUTION In addition to the requirements set forth in the provisions pertaining to the listing of subcontractors the following shall apply for the purpose of this program: 86 A. Substitution During Construction: The contract award requires that the level of all subcontractor participation shall be maintained throughout the duration of the contract. 1. . The Contractor shall request advance approval for all substitutions of bid-listed subcontractors. 2. The request shall be in writing and submitted to the County. The request shall give the reason for the substitution, the name of the subcontractor, supplier, trucker,or manufacturer, and the name of the replacement. B. MBE/WBE Sub-bidder/Subcontractor Substitution: The County requires that whenever the Contractor seeks to substitute a bid-listed MBE/WBE subcontractor, supplier, manufacturer, or trucker, the Contractor must make a good faith effort to replace the MBE/WBE with a firm of the same certification status (i.e., MBE for MBE and WBE for WBE). 1. The Contractor shall call at least two (2) certified MBE or WBE sub-bid prospects from each trade for which sub-bid/subcontracting work is available and document the following for submittal: Name of the company called; contact person and telephone number; date and time of contact. Response for each item of work which was solicited, including dollar amounts. Reason for selection or rejection of sub-bid prospect. 2. The Contractor shall .submit all documentation of good faith efforts to the County for review and approval by the County Administrator's Office. 3-1.08 SUB-AGREEMENT FALSIFICATION Falsification or misrepresentation of a sub-agreement as to company name, contract amount, and/or actual work to be done by the sub-bidder/subcontractor will result in sanctions set forth in provisions pertaining to listing of subcontractors. 3-1.09 FINAL SUBCONTRACTING REPORT SUBMITTAL/VERIFICATION OF PERFORMANCE FORMS The Contractor must submit the Final Subcontracting Report to the County Affirmative Action Office within fifteen (15) calendar days after the final inspection of the contract work by the County. Failure to comply may result in the assessment of liquidated damages in the amount of five hundred dollars ($500.00)per calendar day by the Board of Supervisors. Upon completion of work, the Contractor shall submit a completed "Verification of Performance" form (see sample form attached to the Proposal) for each MBE/WBE prime contractor, subcontractor, supplier, manufacturer, or trucker used on the project or listed in the bid. The form shall be signed by the MBE/WBE identifying the item(s) of work performed 87 and the actual dollar amount received. Final payment for work done may be withheld until all MBEIWBE Verification of Performance forms are received. The Prime Contractor must explain in writing any total dollar amounts paid to MBE/WBE subcontractors, suppliers, manufacturers, or truckers that are less than the dollar amounts shown on the respective Letter of Intent. 3-1.10 REVIEW OF RECORDS Upon request, the Contractor and its subcontractors and truckers shall promptly make available, for review by the County Administrator's Office, certified payroll records and copies of purchase orders, invoices, and/or contracts from suppliers and manufacturers. 3-1.11 PROMPT PAYMENT The Contractor shall make prompt payment to its subcontractors, truckers, suppliers, and manufacturers in accordance with their contracts and legal relationships. SECTION 3-2.00 MANDATORY SUBCONTRACTING MINIMUM 3-2.01 GENERAL This project is subject to the policies and requirements established by the Board of Supervisors Outreach Program-Construction. The County is committed to maximizing subcontracting opportunities in the provision of all goods and services to the County on a contractual basis. The Outreach Program is set forth herein. Bidders should be fully informed of this program. Failure to comply with the Mandatory Subcontracting Minimum requirements may render the bid non-responsive. 3-2.02 MANDATORY SUBCONTRACTING MINIMUM PARTICIPATION LEVEL To be eligible for award of this project, the Board of Supervisors requires the bidder to subcontract a minimum percentage of its bid, which is stated in the proposal form, to any qualified available contractor, and list all subcontractors, regardless of amount, that the bidder wishes to be credited toward achieving the required MSM. Failure to list the subcontractors .and subcontracting amounts with the bid on the form provided in the proposal, sufficient to meet or exceed the required MSM, may cause the bid to be rejected by the Board of Supervisors as non-responsive. 3-2.03 DEFINITIONS For purposes of this program, the following definitions shall apply: A. "Subcontractor" means an individual, firm or corporation having a direct contract with the contractor for the performance of a part of work which is proposed to be constructed or done under the contract or permit, including the furnishing of all labor, materials, or equipment. B. "Subcontract" means an agreement between the prime contractor and an individual, firm or corporation for the.performance of a particular portion(s) of the work which the prime contractor has obligated itself. 88 C. "Vendor and/or supplier" means a firm that owns, operates or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in stock, and regularly sold to the public in the usual course of business. The firm must engage in, as its principal business, and its own name, the purchase and sale of the products in question. A supplier of bulk items such as steel, cement, stone and petroleum products need not keep such products in stock, if it owns or operates distribution equipment. D. "Manufacturer" means a firm that operates or maintains a factory or establishment that produces on the premises the materials or suppliers obtained by the contractor. E. "Broker" means a firm that charges for providing a bona fide service, such as professional, technical, consultant or managerial services and assistance in the procurement of essential personnel, facilities, equipment, insurance or bonds, materials or supplies required for performance of the contract. The fee or commission is to be reasonable and not excessive as compared with fees customarily allowed for similar services. 3-2.04 MSM PARTICIPATION RECOGNITION A. Work performed by a prime contractor will not be considered for credit toward the MSM participation level. B. MSM credit for materials and/or supplies is limited to 60 percent of the amount to be paid to the vendor for the materials/supplies. C. MSM credit for a vendor who substantially alters materials/supplies and/or is a manufacturer will be 100 percent. D. MSM credit for brokers required for performance of the contract is limited to the reasonable fee or commission charged, as not considered excessive, as compared with fees customarily allowed for similar services. E. MSM credit shall not be given to a Joint Venture partner listed as a subcontractor by a Joint Venture bidder. SECTION 3-3.00 EXECUTION OF CONTRACT 3-3.01 AWARD OF CONTRACT The second paragraph of section 3-1.01, "Award of Contract", of the Standard Specifications is superseded by the.following special provision The award of the contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed herein, including without limitation the requirements for a Project Labor Agreement if required (see Section 5 of these Special Provisions) •and the .Outreach Program and Mandatory Subcontracting Minimum requirements. Such award, if made, will be made within the time period during which bids may not be withdrawn as specified in the Notice to Contractors. 89 The award of the contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed herein within 37 days after the opening of the proposals for contract bid amounts under $1,000,000 and within 65 days for contract bid amounts equal to or exceeding $1,000,000, which require a,Project Labor Agreement. This period will be subject to extension for such further period as may be agreed upon in writing between the Department and the bidder concerned. 3-3.02 BONDS Contractor shall provide, at the time of the execution of the agreement or contract for the work, and at no additional expense to the Agency, a surety bond executed by an admitted surety insurer in an amount.equal to at least one-hundred.percent(100%)of the contract price as security for the faithful performance of said agreement. Contractor shall also provide, at the time of the execution of the agreement or contract for the work, and at no additional expense to the Agency, a separate surety bond executed by an admitted surety insurer in an amount equal to at least one-hundred percent (100%) of the contract price as security for the payment of all persons performing labor and furnishing materials in connection with said agreement. Sureties on each of said bonds shall be satisfactory to the Agency. 3-3.03 INSURANCE REQUIREMENTS Sections 7-1.12 "Indemnification and Insurance" through 74.1213(6), "Miscellaneous", of the Standard Specifications are superseded by the following special provisions. Before performing any work pursuant to the Agreement (Contract), the Contractor, and its subcontractors, shall, at no additional expense to the Agency, obtain and maintain in force during the entire term of the contract and until acceptance of the completed job the following insurance: With Respect to the Contractor's Operations: 1. Worker's Compensation Insurance pursuant to State Law, including Employer's Liability. 2. Comprehensive or Commercial General Liability Insurance, including coverage for blanket contractual, owners' and contractors'. protective and broad form property damage. liability, with a minimum combined single limit coverage of one million dollars for all damages because of bodily injury, sickness, disease, or.death to any person and damages to property including the loss of use thereof arising out of.each accident or occurrence. 3. Comprehensive Motor Vehicle Liability Insurance, including coverage for motor vehicles, owned, non-owned, leased or hired by or on behalf of the contractor with a minimum combined single limit of one million dollars for all damage because of bodily injury or death to any person and damages to property including loss of use thereof arising out of each accident or occurrence. With Respect to Subcontractor's Operations: 1...Worker's Compensation Insurance pursuant to State law. 2. Comprehensive Motor Vehicle Liability Insurance, including. coverage for motor vehicles owned, non-owned, leased, or hired by or on the behalf of the subcontractor with a 90 minimum combined single limit coverage of$500,000 for all damages because of bodily injury or death to any person and damage to property including the loss of use thereof arising out of each accident or occurrence. Additional Insurance Policy Requirements Such insurance as is afforded by the policy to the Contractor for Comprehensive or Commercial Liability Insurance shall include coverage for property damage caused by blasting, collapse, structural injuries or damage to underground utilities. The policy shall not contain the so-called"x" "c" "u" exclusions. The minimum limits of liability for this insurance are as follows: $500,000 $1,000,000 Bodily Injury Liability Each Person Each Occurrence $250,000 $500,000 Property Damage Liability Each Aggregate Occurrence Insurance coverage in the minimum amounts set forth herein shall not be construed to relieve the Contractor for liability in excess of that coverage, nor shall it preclude the Agency from taking such other actions as is available to it under any other provision of this contract (except retainage of money due the Contractor) or otherwise in law. Regarding Comprehensive or Commercial General Liability and Motor Vehicle Liability Insurance, the policy or policies and the riders attached thereto or the certificates for the policies or riders shall name the Agency, and those agencies or individuals listed in Section 6, "ADDITIONAL -INSUREDS, WORKING DAYS, AND LIQUIDATED DAMAGES," of these special provisions and their respective officers, agents, employees, representatives, governing body, commissioners and volunteers as additional insureds. All insurance policies shall include a provision for 30 days' written notice to the Agency of cancellation or material change. The insurance hereinabove specified shall be in the form satisfactory to the Agency, shall be placed with an insurance company or companies authorized to transact business in the State of California and satisfactory to the Agency, and shall be kept in full force and effect until completion to the satisfaction of the Agency and acceptance by the Agency of all of the work to be performed by the Contractor under the Agreement(Contract). The Contractor shall.furnish, or cause to be furnished to the Agency, evidence of insurance in the form. approved by the Agency. Insurance brokers that issue certificates of insurance and/or endorsements on behalf of the insurance companies must demonstrate to the satisfaction of the Agency that they are an authorized agent of the insurance company having the power to amend the policies to conform to this contract's requirements. 91 3-3.04 EXECUTION OF AGREEMENT (CONTRACT) The following is added to Section 3-1.03, "Execution of Contract," of the Standard Specifications. A sample copy of the Agreement(Contract)is contained in the Proposal and Contract book. The submittal of the Agreement (Contract) to the Contractor for execution shall constitute notice of contract award. The Contractor shall sign the Agreement (Contract) and return it to the Engineer together with: 1. The originals and one copy of each of the contract bonds specified in these special provisions. 2. One of the following: a. Two copies of a certificate of consent to self-insure issued by the Director of Industrial relations of the State of California. b. Two copies of a certificate of worker's compensation insurance issued by an admitted insurer. c. Two copies of a certificate of worker's compensation insurance, certified by the Director of Industrial Relations of the State of California or the insurer. 3. Either of the following: a. Two certified copies of the Contractor's insurance policies specified in these special provisions. b. Two copies of certificates of insurance for the Contractor's insurance policies specified in these special provisions. The Agency will review the contract documents and, if in order, will notify the Contractor that the contract has been approved within five working days after the contractor submits the documents to the Agency. SECTION 4. BEGINNING OF WORK AND TIME OF COMPLETION 4-1.01 GENERAL Attention is directed to the provisions in Section 8-1.03, "Beginning of Work," and in Section 8-1.06, "Time of Completion," of the Standard Specifications and these special provisions. The first paragraph of Section 8-1.03, "Beginning of Work," of the Standard Specification is amended to read: The first working day shall be no sooner than July 21, 2008 but no later than August 18, 2008. The Contractor and Engineer may revise the start of work date if they mutually agree and the Engineer confirms in writing. Even though the counting of working days may have begun, in no case will the Contractor be allowed to begin work before the preconstruction conference is held. All specified submittals shall be furnished to the Engineer at, or prior to, the preconstruction conference. All specified approvals contained in the Standard Specifications and these special provisions shall be obtained prior to the beginning of work. After starting work, the Contractor shall diligently prosecute the work to completion within the time limit provided in Section 6, "ADDITIONAL INSUREDS, WORKING DAYS, AND LIQUIDATED DAMAGES," of these special provisions. 92 4-1.02 PRE-CONSTRUCTION CONFERENCE Prior to the beginning of work, a pre-construction conference will be held at 255 Glacier Drive, Martinez, California, for the purpose of discussing with the Contractor the scope of work, contract drawings, Specifications, existing conditions, materials to be ordered, equipment to be used, and all essential matters pertaining to the prosecution of and the satisfactory completion of the project as required. The pre-construction conference shall be held a minimum of 10 days prior to the start of construction. The Contractor's representatives at this conference shall include all major superintendents for the work and may include major subcontractors. The following submittals shall be presented to the.Engineer at the pre-construction conference and will be required before work can begin: 1. Progress schedule using working days format. 2. The on-site authorized representative (and home phone number) who shall have complete authority to present the contractor. 3. A list naming each official (with title) who is authorized to sign contract change orders,daily extra work reports, and the final pay estimate. 4. Three copies of a list of all the materials which are to be used on the project, their source, and the name(s) and address(es) of the supplier(s). Please identify each material by contract item number and name. 5. A statement giving the name and address of each subcontractor together with the.item number, description, unit cost,and total cost of each item to be subcontracted. 6. A list giving the description, identification number, make, model.number, and other necessary information for each piece of equipment to be used on this project. (Do not send listing of all items in equipment pool) 7. Three copies of the "Storm Water Pollution Protection Plan" if required by these special provisions. 8. Any other submittals and/or approvals required by the Standard Specifications and these special provisions. 9. A list of first tier subcontractors, suppliers, manufacturers, or truckers for which a "Verification of Performance"form will be required by these special provisions. 10. The Contractor shall submit to the Engineer for review a hot mix asphalt mix design. 4-1.03 ARCHAEOLOGICAL DISCOVERIES and/or HISTORICAL DISCOVERIES If archaeological materials, including but. not limited to human skeletal material and disarticulated human bone, are discovered at the job site, protect and leave undisturbed and in place archaeological materials in accordance with.the following codes and these special provisions: 1. California Public Resources Code, Division 5, Chapter 1.7 § 5097.5 2. California Public Resources Code, Division 5, Chapter 1.75 § 5097.98 and § 5097.99 3. California Administrative Code, Title 14 § 4308 4. California Penal Code, Part 1,Title 14 § 622-1/2 5. California Health and Safety Code, Division 7, Part 1, Chapter 2, § 7050.5 The California Public Resources Code, Chapter 1.7, Section 5097.5, makes it a misdemeanor for anyone to knowingly disturb a historical feature. The California Public 93 Resources Code, Sections 5097.98 and 5097.99 and Health and Safety Code 7050 require coordination with the Native American Heritage Commission (NAHC). The California Administrative Code, Title 14, Section 4307, mandates that no person shall disfigure any object of historical interest or value. The California Penal Code, Title 14, Part 1, Section 622- 1/2 makes it a misdemeanor to destroy anything of historical value within any public place. Archaeological materials are the physical remains of past human activity and include historic-period archaeological materials and prehistoric Native American archaeological materials. Nonhuman fossils are not considered to be archaeological except when showing direct evidence .of human use or alteration or when found in direct physical association with archaeological materials as described in these special provisions. Historic-period archaeological materials include cultural remains beginning with initial European contact in California, but at least 50 years old. Historical archaeological materials include: 1. Trash deposits or clearly defined disposal pits containing tin cans, bottles, ceramic dishes, or other refuse indicating previous occupation or use of the site 2. Structural remains of stone, brick, concrete, wood, or other building material found above or below ground or 3. Human skeletal remains from the historic period, with or without coffins or caskets, including any associated grave goods Prehistoric Native American archaeological materials include: 1. Human skeletal remains or associated burial goods such as beads or ornaments 2. Evidence of tool making or hunting such as arrowheads and associated chipping debris of fine-grained materials such as obsidian, chert, or basalt 3: Evidence of plant processing such as pestles, grinding slabs, or stone bowls 4. Evidence of habitation such as cooking pits, stone hearths, packed or burnt earth floors or 5. Remains from food processing such as concentrations of discarded or burnt animal bone, shellfish remains, or burnt rocks used in cooking All personnel connected with the project shall be informed of the possibility of finding archaeological and/or historical resources (e.g., human or structural remains, artifacts, rock mortars, hearths, ovens, trash pits, bone, or shell fragments) at the work site. All articles of archaeological and/or historical interest uncovered by the Contractor during the progress of the work shall be reported immediately to the Engineer. All work shall be halted within approximately 85 ft radius of the find and shall not be resumed until so permitted, in writing, by the Engineer. All resources found during project activities are the property of the Agency.. Do not resume work within the 85-foot radius of the find until the Engineer gives you written approval. If, in the opinion of the Engineer, completion of the work is delayed or interfered with by reason of an archeological find or investigation or recovery of archeological materials,you will be compensated for resulting losses and an extension of time will be granted in the same manner as provided for in Section 8-1.09, "Right of Way Delays," of the Standard Specifications. 94 The Department may use other forces to investigate and recover archaeological materials from the location of the find. When ordered by the Engineer furnish labor, material, tools and equipment, to secure the location of the find, and assist in the investigation or recovery of archaeological materials and the cost will be paid for as extra work as provided in Section 4-1.03D, "Extra Work," of the Standard Specifications. Full compensation for immediately notifying the Engineer upon discovery of archaeological materials and leaving undisturbed and in place archaeological materials discovered on the job site shall be considered as included in the various items of work and no additional compensation will be allowed therefor. SECTION 5. GENERAL SECTION 5-1. MISCELLANEOUS 5-1.01 LEGAL HOLIDAYS In lieu of the provisions in SECTION 1, "DEFINITIONS AND TERMS," of the Standard Specifications, the following days are designated as legal holidays: January 1St, known as New Years Day Third Monday in January, known as Dr. Martin Luther King Jr. Day Third Monday in February,known as President's Day. The last Monday in May, known as Memorial Day July 4th, known as Independence Day First Monday in September, known as Labor Day November 11th, known as Veteran's Day Fourth Thursday in November, known as Thanksgiving Day The Friday after Thanksgiving Day December 25th, known as Christmas Day When a designated legal holiday falls on a Saturday, the proceeding Friday shall be considered to be the legal holiday. When a designated legal holiday falls on a Sunday, the following Monday shall be considered to be the legal holiday. 5-1.02 PAYROLL RECORDS The provisions of Section 7-1.O1A(3), "Payroll Records," of the Standard Specifications are amended with the following: "(h) The contractor shall permit the Engineer to interview employees during working hours on the job to verify the above mentioned payroll records." 5-1.03 SCOPE OF PAYMENT The provisions of Section 9-1.02, "Scope of Payment," of the Standard Specifications are amended with the following: Full compensation for furnishing all labor, materials, tools, equipment, and incidentals necessary to the completed work and for-:performing all work contemplated and embraced under the contract whose payment is not clearly embraced in the various contract payment 95 clauses shall be considered as included in the various contract items of work and no additional compensation will be allowed. 5-1.04 INCREASES AND DECREASES IN QUANTITIES The provisions of Section 4-1.03B, "Increased or Decreased Quantities,"of the Standard Specifications shall apply only to major items of work as defined herein. A major item of work is any item for which the cost,computed on the basis of contract unit price and the quantity shown in the proposal, is equal to or greater than ten (10) percent of the original total contract amount. 5-1.05 INTERPRETATION OF CONTRACT DOCUMENTS Section 5-1.04, "Coordination and Interpretation of Plans, Standard Specifications, and Special Provisions," of the Standard Specifications is modified by the following addition: The proposal shall govern over the special provisions. In the event of a discrepancy between units shown on plans, in the special provisions and in the proposal,the units shown in the proposal shall govern. 5-1.06 CONTROL OF WORK Control of work shall conform to the provisions in Section 5, "Control of Work," of the Standard Specifications and these special provisions. The second paragraph of Section 5 - 1.07, "Lines and Grades," of the Standard Specifications is modified to read: When the Contractor requires such stakes or marks, he shall notify the Engineer of his requirements in writing a reasonable length of time in advance of starting operations that require such stakes or marks. In no event shall a notice of less than 3 working days be considered a reasonable length of time. The Engineer will provide one set of stakes or marks as necessary for each request for survey and it shall be the Contractor's responsibility to protect the stakes or marks. If the Contractor fails to protect the stakes or marks and they are damaged or lost, the Contractor shall notify the Engineer in writing of the "re-staking" requirements and the Engineer will replace the stakes or marks and will deduct the cost thereof from any moneys due or to become due the Contractor. 5-1.07 COST REDUCTION INCENTIVE Attention is directed to Section 5-1.14, "Cost Reduction Incentive," of the Standard Specifications. Prior to preparing a written cost reduction proposal, the Contractor shall request a meeting with the Engineer to discuss the proposal in concept. Items of discussion will also include permit issues, impact on other projects, impact on the project schedule, peer reviews, overall merit of the proposal, and review times required by the Department and other agencies. If a cost reduction proposal submitted by the Contractor, and subsequently approved by the Engineer, provides for a reduction in contract time, 50 percent of that contract time reduction shall be credited to the State by reducing the contract working days, not including plant establishment. Attention is directed to "Beginning of Work, Time of Completion and Liquidated Damages" of these special provisions regarding the working days. 96 If a cost reduction proposal submitted by the Contractor, and subsequently.approved by the Engineer, provides for a reduction in traffic congestion or avoids traffic congestion during construction, 60 percent of the estimated net savings in construction costs attributable to the cost reduction proposal will be paid to the Contractor. In addition to the requirements in Section 5-1.14, "Cost Reduction Incentive," of the Standard Specifications, the Contractor shall provide detailed comparisons of the traffic handling between the existing contract and the proposed change, and estimates of the traffic volumes and congestion. 5-1.08 LABOR NONDISCRIMINATION Attention is directed to the following Notice that is required by Chapter 5 of Division 4 of Title 2, California Code of Regulations. NOTICE OF REQUIREMENT FOR NONDISCRIMINATION PROGRAM (GOV. CODE, SECTION 12990) Your attention is called to the "Nondiscrimination Clause", set forth in Section 7-1.O1A(4), "Labor Nondiscrimination," of the Standard Specifications, which is applicable to all nonexempt State contracts and subcontracts, and to the "Standard California Nondiscrimination Construction Contract Specifications" set forth therein. The specifications are applicable to all nonexempt State construction contracts and subcontracts of$5,000 or more. 5-1.09 PAYMENTS Attention is directed to Section 9-1.06, "Partial Payments," and 9-1.07, "Payment After Acceptance," of the Standard Specifications and these special provisions. The provisions in Section 9-1.06, "Partial Payments," are modified as follows: No partial payment will be made for any materials on hand which are furnished but not incorporated in the work. The provisions in Section 9-1.07, "Payment After Acceptance," are modified as follows: Upon satisfactory completion of the entire work, the Engineer will recommend the acceptance of the work to the Board of Supervisors. If the Board accepts the completed work, it will cause a.Notice of Completion to be recorded with the County Recorder. Thirty-five days after the filing of the Notice of Completion, the Contractor will be entitled to the balance due for the completion and acceptance of the work, if certification is made by sworn written statement that all claims have been filed with the agency based upon acts or omissions of the Contractor and that no liens or withhold notices have been filed against said work or the property on which the work was done, and contractor has complied with the "Final Subcontracting Report Submittal/Verification of Performance Forms" section of these special provisions. 5-1.10 PAYMENT OF WITHHELD FUNDS Payment of withheld funds shall conform to Section 9-1.065, "Payment of Withheld Funds," of the Standard Specifications and these special provisions. Funds withheld from progress payments to ensure performance of the contract that are eligible for payment into escrow or to an escrow agent pursuant to Section 10263 of the California Public Contract Code do not include funds withheld or deducted from payment due to failure of the Contractor to.fulfill a contract requirement. 97 r 5-1.11 INTEREST ON PAYMENTS Interest shall be payable on progress payments, payments after acceptance, final payments, extra work payments, and claim payments as follows: A. Unpaid progress payments, payment after acceptance, and final payments shall begin to accrue interest 30 days after the Engineer prepares the payment estimate. B. Unpaid extra work bills shall begin to accrue interest 30 days after preparation of the first pay estimate following receipt of a properly submitted and undisputed extra work bill. To be properly submitted, the bill must be submitted within 7 days of the performance of the extra work and in conformance with the provisions in Section 9-1.03C, 'Records," and Section 9-1.06, "Partial Payments," of the Standard Specifications. An undisputed extra work bill not submitted within 7 days of performance of the extra work will begin to accrue interest 30 days after the preparation of the second pay estimate following submittal of the bill. C. The rate of interest payable for unpaid progress payments, payments after acceptance, final payments, and extra work payments shall be 10 percent per annum. D. The rate of interest payable on a claim, protest or dispute ultimately allowed under this contract shall be 6 percent per annum. Interest shall begin to accrue 61 days after the Contractor submits to the Engineer information in sufficient detail to enable the Engineer to ascertain the basis and amount of said claim, protest or dispute. The rate of interest payable on any award in arbitration shall be 6 percent per annum if allowed under the provisions of Civil Code Section 3289. 5-1.12 PUBLIC SAFETY The Contractor shall provide for the safety of traffic and the public in conformance with the provisions in Section 7-1.09, "Public Safety," of the Standard Specifications and these special provisions. The Contractor shall install temporary railing (Type K) between a lane open to public traffic and an excavation, obstacle, or storage area when the following conditions exist: (1)Excavations.--Any excavation, the near edge of which is 8 feet or less from the edge of the lane, except: (a)Excavations covered with sheet steel or concrete covers of adequate thickness to prevent accidental entry by traffic or the public. Trench plates subject to public traffic shall be the non-skid type (coefficient of friction of 0.35 or higher) and chocked. If more than one plate is required, the plates shall be tack welded together. (b)Excavations less than one foot deep. (c)Trenches less than one foot wide for irrigation pipe or electrical conduit, or excavations less than one foot in diameter. (d) Excavations parallel to the lane for the purpose of pavement widening or reconstruction. (e)Excavations in side slopes, where the slope is steeper than 4:1. (f)Excavations protected by existing barrier or railing. 98 (2)Temporarily Unprotected Permanent Obstacles.--Whenever the work includes the installation of a fixed obstacle together with a protective system, such as a sign structure together with protective railing, and the Contractor elects to install the obstacle prior to installing the protective system; or whenever the Contractor, for his convenience and with permission of the Engineer, removes a portion of an existing protective railing at an obstacle and does not replace such railing complete in place during the same day. (3) Storage Areas.--Whenever material or equipment is stored within 12 feet of the lane and such storage is not otherwise prohibited by the Standard Specifications and these special provisions. The approach end of temporary railing (Type K), installed in conformance with the provisions in this section "Public Safety" and in Section 7-1.09, 'Public Safety," of the Standard Specifications shall be offset a minimum of 15 feet from the edge of the traffic lane open to public traffic. The temporary railing shall be installed on a skew toward the edge of the traffic lane of not more than one foot transversely to ten feet longitudinally with respect to the edge of the traffic lane. If the 15 foot minimum offset cannot be achieved, the temporary railing shall be installed on.the 10 to 1 skew to obtain the maximum available offset between the approach end of the railing and the edge of the traffic lane, and an array of temporary crash cushion modules shall be installed at the approach end of the temporary railing. Except for installing, maintaining and removing traffic control devices, whenever work is performed or equipment is operated in the following work areas the Contractor shall close the adjacent traffic lane unless otherwise provided in the Standard Specifications and these special provisions: Approach speed of public traffic (Posted Limit) Work Areas (Miles Per Hour) Over 45 Within 6 feet of a traffic lane but not on a traffic lane. 35 to 45 Within 3 feet of.a traffic lane but not on a traffic lane. The lane closure provisions of this section shall not apply if the work area is protected by permanent or temporary railing or barrier. When traffic cones or delineators are used to delineate a temporary edge of traffic lane, the line of cones or delineators shall be considered to be the edge of the traffic lane, however, the Contractor shall not reduce the width of an existing lane to less than 10 feet without written approval from the Engineer. When work is not in progress on a trench or other excavation that required closure of an adjacent lane, the traffic cones or portable delineators used for the lane closure shall be placed off of and adjacent to.the edge of the traveled way. The spacing of the cones or delineators shall.be not more than the spacing used for the lane closure.. Suspended loads or equipment shall not be moved nor positioned over public traffic or pedestrians. 99 Full compensation for conforming to the provisions in this section "Public Safety," including furnishing and installing temporary railing (Type K) and temporary crash cushion modules, shall be considered as included in the contract prices paid for the various items of work involved and no additional compensation will be allowed therefor. 5-1.13 TESTING Testing of materials and work shall conform to the provisions in Section 6-3, "Testing," of the Standard Specifications and these special provisions. Whenever the provisions of Section 6-3.01, "General," of the Standard Specifications refer to tests or testing, it shall mean tests to assure the quality and to determine the acceptability of the materials and work. The Engineer will deduct the costs for testing of materials and work found to be unacceptable, as determined by the tests performed by the Department, and the costs for testing of material sources identified by the Contractor which are not used for the work, from moneys due or to become due to the Contractor. The amount deducted will be determined by the Engineer. 5-1.14 SURFACE MINING AND RECLAMATION ACT Attention is directed to the Surface Mining and Reclamation Act of 1975, commencing in Public Resources Code, Mining and Geology, Section 2710, which establishes regulations pertinent to surface mining operations, and to California Public Contract Code Section 10295.5. Material from mining operations furnished for this project shall only come from permitted sites in compliance with California Public Contract Code Section 10295.5. State law prohibits local agencies from purchasing California mined construction materials unless the operation is identified in a list referred.to as the 3098 List. This list is available on the Department of Conservation's Office of Mine Reclamation (OMR) website, which can be viewed at: http://www.conservation.ca.gov/OMR/ab 3098 list/index.htm The requirements of this section shall apply to materials furnished for the project, except for acquisition of materials in conformance with the provisions in Section 4-1.05, "Use of Materials Found on the Work," of the Standard Specifications. 5-1.15 CLAIMS BY CONTRACTOR Section 9-1.10, "Arbitration," of the Standard Specifications is deleted and the following is substituted therefor: Attention is directed to the provisions of Government Code Sections 900 and following, concerning the procedures to be followed when filing claims against the Agency. All claims shall be filed with the Clerk of the Board of Supervisors. Forms specifying the information to be contained in claims against the Agency may be obtained from the Clerk of the Board of Supervisors. Pursuant to Public Contract Code Section 20104(a), all claims by Contractor of$375,000 or less are subject to Article 1.5 (commencing with Section 20104) of Chapter 1 of Part 3 of the Public Contract Code,which is incorporated into the contract and which provides as follows: 100 ARTICLE 1.5 Resolution of Construction Claims §20104. (a) (1) This article applies to all public works claims of three hundred seventy-five thousand dollars($375,000)or less which arise between a contractor and a local agency. (2) This article shall not apply to any claims resulting from a contract between a contractor and a public agency when the public agency has elected to resolve any disputes pursuant to Article 7.1 (commencing with Section 10240)of Chapter 1 of Part 2. (b) (1) 'Public work" has the same meaning as in Sections 3100 and 3106 of the Civil Code, except that"public work" does not include any work or improvement contracted for by the state.or the Regents of the University of California. (2) "Claim" means a separate demand by the contractor for (A) a time extension, (B) payment of money or damages arising from work done by or on behalf of the contractor pursuant to the contract for a public work and payment of which is not otherwise expressly provided for or the claimant is not otherwise entitled to, or (C) an amount the payment of which is disputed by the local agency. (c) The provisions of this article or a summary thereof shall be set forth in the plans or specifications for any work which may give rise to a claim under this article. (d) This article applies only to contracts entered into on or after January 1, 1991. §20104.2 For any claim subject to this article,the following requirements apply: (a) The claim shall be in writing and include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b) (1) For claims of less than fifty thousand dollars ($50,000), the local agency shall respond in writing to any written.claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the local agency may have against the claimant. (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision,upon mutual agreement of the local agency and the claimant. 101 (3) The local agency's written response to the claim, as further documented, shall be. submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c). (1) For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the local agency shall respond in writing. to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the local agency may have against the claimant. (2) If additional information is thereafter required,it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation,whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing,either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) If following the meet and.confer conference the claim or any portion remains in dispute, the claimant may file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title l of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or.her written claim pursuant to subdivision .(a) until the time the claim is denied, including any period of time utilized by the meet and confer conference. §20104.4 The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing or responsive pleadings, the court.shall submit the matter to non-binding .mediation unless waived by mutual stipulation of both parties. The mediation.process shall provide for the.selection within 15 days by both parties of.a.disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded. within 15 days from the . commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. (b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The. Civil 102 Discovery Act of 1986 (Article 3 (commencing with Section 2016)of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. (2) In addition to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3. of the Code of Civil Procedure, (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney's fees on appeal of the other party. §20104.6 (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the contract. (b) In any suit filed under Section 20104.4, the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law. 5-1.16 AREAS FOR CONTRACTOR'S USE Attention is directed to the provisions in Section 7-1.19, "Rights in Land and Improvements," of the Standard Specifications and these special provisions. The highway right of way shall be used only for purposes that are necessary to perform the required work. The Contractor shall not occupy the right of way, or allow others to occupy the right of way, for purposes which are not necessary to perform the required work. No State-owned parcels adjacent to the right of way are available for the exclusive use of the Contractor within the contract limits. The Contractor shall secure, at the Contractor's own expense, areas required for plant sites, storage of equipment or materials, or for other purposes, if sufficient area is not available to the Contractor within the contract limits, or at the sites designated on the plans outside the contract limits. No area is available within the contract limits for the exclusive use of the Contractor. However, temporary storage of equipment and materials on State property may be arranged with the Engineer, subject to the prior demands of State maintenance forces and to other contract requirements. Use of the Contractor's work areas and other State-owned property shall be at the Contractor's own risk, and the State shall not be held liable for damage to or loss of materials or equipment located within such areas. 5-1.17 SOUND CONTROL REQUIREMENTS Sound control shall conform to the provisions in Section 7-1.01I, "Sound Control Requirements,"of the Standard Specifications and these special provisions. The noise level from the Contractor's operations,between the hours of 7:00 p.m. and 7:00 a.m. on weekdays and between 7:00 p.m. and 9:00 a.m. on weekends and holidays, shall not exceed 86 dBa at a distance of 50 feet. This requirement in no way relieves the Contractor from responsibility for complying with local ordinances regulating noise level. Said noise level requirement shall apply to all equipment on the job or related to the job, including but not limited to.trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings.except those required by safety laws for the protection of personnel. 103 Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. 54.18 AIR POLLUTION CONTROL Air pollution control shall conform to the provisions in Section 7-1.01F, "Air Pollution Control," of the Standard Specifications and these special provisions. All construction machinery and vehicles shall be properly tuned. Any machinery or vehicle when not in use shall not be idled unnecessarily. 5-1.19 SUBCONTRACTING Attention is directed to the provisions in Section 8-1.01, "Subcontracting," of the Standard Specifications and these special provisions. Pursuant to the provisions in Section 1777.1 of the Labor Code, the Labor Commissioner publishes and distributes a list of contractors ineligible to perform work as a subcontractor on a public works project. This list of debarred contractors is available from the Department of Industrial Relations web site at: http://www.dir.ca.gov/DLSE/Debar.html 5-1.20 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS Attention is directed to the provisions in Section 7108.5 of the Business and Professions Code concerning prompt payment to subcontractors. The prime contractor or subcontractor shall pay any subcontractor, not later than 10 days of receipt of each progress payment, unless otherwise agreed to in writing, the respective amounts allowed the contractor on account of the work performed by the subcontractors, to the extent of each subcontractors interest therein. Any violation of this section of the Code shall constitute a cause for disciplinary action and shall subject the licensee to a penalty payable to the subcontractor, of 2 percent of the amount due per month for every month that payment is not made. In any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to his or her attorney's fees and costs. 5-1.21 PROMPT PAYMENT OF WITHHELD FUNDS TO SUBCONTRACTORS The Contractor shall return all moneys withheld in retention from the subcontractor within 30 days after receiving payment for work satisfactorily completed, even if the other contract work is not completed and has not been accepted in conformance with Section 7-1.17, "Acceptance of Contract," of the Standard Specifications. This requirement shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the Contractor or deficient subcontract performance or noncompliance by a subcontractor. 5-1.22 RECORDS The Contractor shall maintain cost accounting records for the contract pertaining to, and in such a manner as to provide a clear distinction between, the following 6 categories of costs of work during the life of the contract: 104 ` A. Direct costs of contract item work. B. Direct costs of changes in character in conformance with Section 4-1.03C, "Changes in Character of Work," of the Standard Specifications. C. Direct costs of extra work in conformance with Section 4-1.03D, "Extra Work," of the Standard Specifications. D. Direct costs of work not required by the contract and performed for others. E. Direct costs of work performed under a notice of potential claim in conformance with the provisions in Section 9-1.04, "Notice of Potential Claim," of the Standard Specifications. F. Indirect costs of overhead. Cost accounting records shall include the information specified for daily extra work reports in Section 9-1.03C, "Records," of the Standard Specifications. The requirements for furnishing the Engineer completed daily extra work reports shall only apply to work paid for on a force account basis. The cost accounting records for the contract shall be maintained separately from other contracts, during the life of the contract, and for a period of not less than 3 years after the date of acceptance of the contract. If the Contractor intends to file claims against the Department, the Contractor shall keep the cost accounting records specified above until complete resolution of all claims has been reached. 5-1.23 ACCEPTANCE OF CONTRACT Section 7-1.17, "Acceptance of Contract", of the Standard Specifications is superseded by the .following. When the Engineer has made the final inspection as provided in Section 5-1.13, "Final Inspection," and determines that the contract work has been completed in all respects in accordance with the plans and specifications, the Engineer will recommend that the Director formally accept the.contract, and immediately upon and after the acceptance by the Director, the Contractor will be relieved of the duty of maintaining and protecting the work as a whole, and the Contractor will not be required to perform any further work thereon. 5-1.24 CITY OF RICHMOND ENCROACHMENT PERMIT Attention is directed to Section 7-1.04, "Permits and Licenses," of the Standard Specifications and these special provisions. The Contractor shall obtain a no-fee encroachment permit from the City of Richmond for placing temporary construction area and special funding signs placed .within the City's jurisdiction. The Contractor will not be required to obtain a business license from the City of Richmond as a condition to obtaining. the encroachment permit. Contact Ms. Pamela Hampton with the Department of Public Services Engineering Division at(510) 307-8091, 1401 Marina Way South, Richmond, CA 94804 for information and details to obtain the permit. A sample of the City of Richmond encroachment permit application form is attached in the Appendix for the Contractor's information. Additional provisions may also be included in the final encroachment permit. The Contractor will be required to comply with the provisions of the final encroachment permit. In the event of any conflicts between the requirements of the encroachment 105 permit and what is shown on the plans or specified in the Standard Specifications and these special provisions, the final encroachment permit shall govern. No extension of time will be granted for work involved in obtaining the contractor's encroachment permit or for doing the work covered by the original permit. Any work required by the final encroachment permit not shown on the plans or specified in the Standard Specifications or these special provisions or the attached sample permit will be paid for as extra work as provided for in Section 4-1.03D, 'Extra Work." Full compensation for all work required obtaining the permit from the City of Richmond and complying with the provisions of the permit shall be considered as included in the contract price paid for various items of work and no separate payment will be made therefor. SECTION 6. ADDITIONAL INSUREDS,WORKING DAYS,AND LIQUIDATED DAMAGES 6-1.01 ADDITIONAL INSUREDS In accordance with Section 7-1.12A, "Indemnification" of the standard specifications, "INSURANCE REQUIREMENTS"," section contained in SECTION 3 of these special provisions and Section 20 of the Contract (Construction Agreement), the following shall be named as additional insureds and shall be defended,held harmless and indemnified: Owners Name Parcel No. Site Address Mary Ane Pool 408-082-026 Goodrick Avenue Richmond CA, 94801 6-1.02 WORKING DAYS In accordance with Section 4-1.01, "GENERAL," of these special provisions, the Contractor will have 35 working days to complete the project. 6-1.03 LIQUIDATED DAMAGES Attention is directed to Section 8-1.07, "LIQUIDATED DAMAGES," of the Standard Specifications and these special provisions. The Contractor shall pay to the Agency the sum of $1,800 per day, for each and every calendar day delay in finishing the work in excess of the number of working days prescribed above. SECTION 7 (BLANK) SECTION 8. MATERIALS SECTION 8-1. MISCELLANEOUS 8-1.01 PREQUALIFIED AND TESTED SIGNING AND DELINEATION MATERIALS The Department maintains the following list of Prequalified and Tested Signing and Delineation Materials. The Engineer shall not be precluded from sampling and testing products on the list of Prequalified and Tested Signing and Delineation Materials. 106 The manufacturer of products on the list of Prequalified and Tested Signing and Delineation Materials shall furnish the Engineer a Certificate of Compliance in conformance with the provisions in Section 6-1.07, "Certificates of Compliance," of the Standard Specifications for each type of traffic product supplied. For those categories of materials included on the list of Prequalified and Tested Signing and Delineation Materials, only those products shown within the listing may be used in the work. Other categories of products, not included on the list of Prequalified and Tested Signing and Delineation Materials, may be used in the work provided they conform to the requirements of the Standard Specifications. Materials and products may be added to the list of Prequalified and Tested Signing and Delineation Materials if the manufacturer submits a New Product Information Form to the New Product Coordinator at the Transportation Laboratory. Upon a Departmental request for samples, sufficient samples shall be submitted to permit performance of required tests. Approval of materials or products will depend upon compliance with the specifications and tests the Department may elect to perform. PAVEMENT MARKERS, PERMANENT TYPE Retroreflective With Abrasion Resistant Surface (ARS) 1. Apex,Model 921 AR(4" x 4") 2. Ennis Paint, Models C88 (4" x 4"), 911 (4" x 4").and 953 (2.75" x 4.5") 3. Ray-O-Lite, Model "AA" ARS (4" x 4") 4. 3M Series 290 (3.5" x 4") 5. 3M Series 290 PSA, with pressure sensitive adhesive pad(3.5" x 4") Retroreflective With Abrasion Resistant Surface (ARS) (for recessed applications only) 1. Ennis Paint, Model 948 (2.3" x 4.7") 2. Ennis Paint, Model 944SB (2" x 4")* 3. Ray-O-Lite, Model 2002 (2" x 4.6") 4. Ray-O-Lite, Model 2004 ARS (2" x 4")* *For use only in 4.5 inch wide (older) recessed slots Non-Reflective,4-inch Round 1. Apex Universal (Ceramic) 2. Apex Universal,Models 929 (ABS) and 929PP (Polypropylene) 3. Glowlite, Inc. (Ceramic) 4. Hi-Way Safety, Inc., Models P20-2000W and 2001Y(ABS) 5. Interstate Sales, "Diamond Back" (Polypropylene) 6. Novabrite Models Cdot (White) Cdot-y(Yellow), Ceramic. 7. Novabrite Models Pdot-w (White)Pdot-y (Yellow), Polypropylene 8. Three D Traffic Works TD 10000(ABS), TD 10500 (Polypropylene) PAVEMENT MARKERS,TEMPORARY TYPE Temporary.Markers For Long Term Day/Night Use(6 months or less) 1. Vega Molded Products "Temporary Road Marker" (3" x 4.") Temporary Markers For Short Term Day/Night Use (14 days or less) (For seal coat or chip seal applications, clear protective covers are required) . 107 1. Apex Universal, Model 932 2. Filtrona Extrusion, Models T.O.M., T.R.P.M., and "HH" (High Heat) 3. Hi-Way Safety, Inc., Model 1280/1281 4. Glowlite, Inc., Model 932 STRIPING AND PAVEMENT MARKING MATERIAL Permanent Traffic Striping and Pavement Marking Tape 1. Advanced Traffic Marking, Series 300 and 400 2. Brite-Line, Series 1000 3. Brite-Line, "DeltaLine XRP" 4. Swarco Industries, "Director 35" (For transverse application only) 5. Swarco Industries, "Director 60" 6. 3M, "Stamark" Series 380 and 5730 7. 3M, "Stamark" Series 420 (For transverse application only) Temporary (Removable) Striping and Pavement Marking Tape (6 months or less) 1. Advanced Traffic Marking, Series 200 2. Brite-Line, Series 100 3. Garlock Rubber Technologies, Series 2000 4. P.B. Laminations, Aztec, Grade 102 5. Swarco Industries, "Director-2" 6. Trelleborg Industries, R140 Series 7. 3M Series 620 "CR", and Series A750 8. 3M Series A 145, Removable Black Line Mask (Black Tape: for use only on Asphalt Concrete Surfaces) 9. Advanced Traffic Marking Black "Hide-A-Line" (Black Tape: for use only on Asphalt Concrete Surfaces) 10. Brite-Line "BTR" Black Removable Tape (Black Tape: for use only on Asphalt Concrete Surfaces) 11. Trelleborg Industries, RB-140 (Black Tape: for use only on Asphalt Concrete Surfaces) Preformed Thermoplastic (Heated in place) 1. Flint Trading Inc., "Hot Tape" 2. Flint Trading Inc., 'Premark Plus" 3. Ennis Paint Inc., "Flametape" Ceramic Surfacing Laminate,6" x 6" 1. Highway Ceramics, Inc. CLASS 1 DELINEATORS One Piece Driveable Flexible Type, 66-inch 1. Filtrona Extrusion, "Flexi-Guide Models 400 and 566" 2. Carsonite, Curve-Flex CFRM-400 3. Carsonite, Roadmarker CRM-375 4. FlexStake, Model 654 TM 5. GreenLine Model CGD1-66 108 Special Use Type, 66-inch 1. Filtrona Extrusion, Model FG 560 (with 18-inch U-Channel base) 2. Carsonite, "Survivor" (with 18-inch U-Channel base) 3. Carsonite, Roadmarker CRM-375 (with 18-inch U-Channel base) 4. FlexStake, Model 604 5. GreenLine Model CGD (with 18-inch U-Channel base) 6. Impact Recovery Model D36, with#105 Driveable Base 7. Safe-Hit with 8-inch pavement anchor(SH248-GPI) 8. Safe-Hit with 15-inch soil anchor (SH248-GP2) and with 18-inch soil anchor (SH248-GP3) Surface Mount Type, 48-inch 1. Bent Manufacturing Company, Masterflex Model MF_180EX-48 2. Carsonite, "Channelizer" 3. FlexStake, Models 704, 754 TM, and E134 4. Impact Recovery Model D48, with #101 Fixed (Surface-Mount) Base 5. Three D Traffic Works "Channelflex" ID No. 522248W CHANNELIZERS Surface Mount Type,36-inch 1. Bent Manufacturing Company, Masterflex Models MF-360-36 (Round) and MF-180-36 (Flat) 2. Filtrona Extrusion, Flexi-Guide Models FG300PE, FG300UR, and FG300EFX 3. Carsonite, "Super Duck" (Round SDR-336) 4. Carsonite, Model SDCF0360IMB "Channelizer" 5. FlexStake, Models 703, 753 TM, and E133 6. GreenLine, Model SMD-36 7. Hi-way Safety, Inc. "Channel Guide Channelizer" Model CGC36 8. Impact Recovery Model D36,with#101 Fixed(Surface-Mount) Base 9. Safe-Hit, Guide Post, Model SH236SMA 10. Three D Traffic Works "Boomerang" ID No. 522053W Lane Separation System 1. Filtrona Extrusion, "Flexi-Guide (FG) 300 Curb System" 2. Qwick Kurb, "Klemmfix Guide System" 3. Recycled Technology, Inc. "Safe-Lane System". 4. Dura-Curb System CONICAL DELINEATORS, 42-inch (For 28-inch Traffic Cones, see Standard Specifications) 1. Bent Manufacturing Company "T-Top" 2. Plastic Safety Systems "Navigator-42" 3. TrafFix Devices "Grabber" 4. Three D Traffic Works "Ringtop" TD7000, ID No. 742143 5. Three D Traffic Works, TD7500 109 OBJECT MARKERS Type "K", 18-inch 1. Filtrona Extrusion, Model FG318PE 2. Carsonite,Model SMD 615 3. FlexStake, Model 701 KM 4. Safe-Hit, Model SH718SMA Type "K-4" /"Q" Object Markers, 24-inch 1. Bent Manufacturing "Masterflex" Model MF-360-24 2. Filtrona Extrusion, Model FG324PE 3. Carsonite, "Channelizer" 4. FlexStake, Model 701 KM 5. Safe-Hit, Models SH824SMA_WA and SH824GP3_WA 6. The Line Connection,Model DP21-4Q 7. Three D Traffic Works ID No. 531702W and TD 5200 8. Three D Traffic Works ID No. 520896W CONCRETE BARRIER MARKERS AND TEMPORARY RAILING (TYPE K) REFLECTORS Impactable Type 1. ARTUK, "FB" 2. Filtrona Extrusion, Models PCBM-12 and PCBM-T12 3. Duraflex Corp., "Flexx 2020" and "Electriflexx" 4. Hi-Way Safety, Inc., Model GMKRM100 5. Plastic Safety Systems "BAM" Models OM-BARR and OM-BWAR 6. Three D Traffic Works "Roadguide" Model TD 9304 Non-Impactable Type 1. ARTUK, JD Series 2. Plastic Safety Systems "BAM" Models OM-BITARW and OM-BITARA 3. Vega Molded Products, Models GBM and JD 4. Plastic Vacuum Forming, "Cap-It C400" METAL BEAM GUARD RAIL POST MARKERS (For use to the left of traffic) 1. Filtrona Extrusion, "Mini" (3" x 10") 2. Creative Building Products, "Dura-Bull, Model 11201" 3. Duraflex Corp., "Railrider" 4. Plastic Vacuum Forming, "Cap-It C300" CONCRETE BARRIER DELINEATORS, 16-inch (For use to the right of traffic) 1. Filtrona Extrusion, Model PCBM T-16 2. Safe-Hit,Model SH216RBM CONCRETE BARRIER-MOUNTED MINI-DRUM (10" x 14" x 22") 1. Stinson Equipment Company "SaddleMarker" 110 GUARD RAILING DELINEATOR (Place top of reflective element at 48 inches above plane of roadway) Wood Post Type,27-inch 1. Filtrona Extrusion, FG 427 and FG 527 2. Carsonite, Model 427 3. F1exStake, Model 102.GR 4. GreenLine GRD 27 5. Safe-Hit, Model SH227GRD 6. Three D Traffic Works "Guardflex" TD9100 7. New Directions Mfg,NDM27 Steel Post Type 1. Carsonite, Model CFGR-327 with CFGRBK300.Mounting Bracket RETROREFLECTIVE SHEETING Channelizers, Barrier Markers, and Delineators 1. Avery Dennison T-6500 Series (For rigid substrate devices only) 2. Avery Dennison WR-7100 Series 3. Nippon Carbide Industries, Flexible Ultralite Grade (ULG) II 4. Reflexite, PC-1000 Metalized Polycarbonate 5. Reflexite, AC-1000 Acrylic 6. Reflexite, AP-1000 Metatized Polyester 7. Reflexite, Conformalight, AR-1000 Abrasion Resistant Coating 8. 3M, High Intensity Traffic Cones, 4-inch.and 6-inch Sleeves 1. Nippon Carbide Industries, Flexible Ultralite Grade (ULG) II 2. Reflexite, Vinyl, "TR" (Semi-transparent) or "Conformalight" 3. 3M Series 3840 4. Avery Dennison S-9000C Drums 1. Avery Dennison WR-6100 2. Nippon Carbide Industries, Flexible Ultralite Grade (ULG) II 3. Reflexite, "Conformalight", "Super High Intensity" or"High Impact Drum Sheeting" 4. 3M Series 3810 Barricades: Type I, Medium-Intensity (Typically Enclosed Lens, Glass-Bead Element) 1. Nippon Carbide Industries, CN8117 2. Avery Dennison, W 1100 series 3. 3M Series CW 44 Barricades: Type II, Medium-High-Intensity (Typically Enclosed Lens, Glass-Bead Element) 1. Avery Dennison, W-2100 Series 111 Signs: Type II, Medium-High-Intensity (Typically Enclosed Lens, Glass-Bead Element) 1. Avery Dennison, T-2500 Series 2. Nippon Carbide Industries,Nikkalite 18000 Signs: Type III, High-Intensity (Typically Encapsulated Glass-Bead Element) 1. Avery Dennison,T-5500A and T-6500 Series 2. Nippon Carbide Industries,Nikkalite Brand Ultralite Grade II 3. 3M 3870 and 3930 Series Signs: Type IV,High-Intensity (Typically Unmetallized Microprismatic Element) 1. Avery Dennison,T-6500 Series 2. Nippon Carbide Industries, Crystal Grade, 94000 Series 3. Nippon Carbide Industries, Model No. 94847 Fluorescent Orange 4. 3M Series 3930 and Series 39245 Signs: Type VI,Elastomeric (Roll-Up) High-Intensity,without Adhesive 1. Avery Dennison, WU-6014 2. Novabrite LLC, "Econobrite" 3. Reflexite "Vinyl" 4. Reflexite "SuperBright" 5. Reflexite "Marathon" 6. 3M Series RS20 Signs: Type VII, Super-High-Intensity ('Typically Unmetallized Microprismatic Element) 1. 3M Series 3924S, Fluorescent Orange 2. 3M LDP Series 3970 Signs: Type VIII, Super-High-Intensity (Typically Unmetallized Microprismatic Element) 1. Avery Dennison, T-7500 Series 2. Avery Dennison,T-7511 Fluorescent Yellow 3. Avery Dennison, T-7513 Fluorescent Yellow Green 4. Avery Dennison,W-7514 Fluorescent Orange 5. Nippon Carbide Industries, Nikkalite Crystal Grade Series 92800 6. Nippon Carbide Industries, Nikkalite Crystal Grade Model 92847 Fluorescent Orange Signs: Type IX, Very-High-Intensity (Typically Unmetallized Microprismatic Element) 1. 3M VIP Series 3981 Diamond Grade Fluorescent Yellow 2. 3M VIP Series 3983 Diamond Grade Fluorescent Yellow/Green 3. 3M VIP Series 3990 Diamond Grade 4. Avery Dennison T-9500 Series 5. Avery Dennison, T9513, Fluorescent Yellow Green 6. Avery Dennison, W9514, Fluorescent Orange 112 SPECIALTY SIGNS 1. Reflexite "Endurance" Work Zone Sign (with Semi-Rigid Plastic Substrate) ALTERNATIVE SIGN SUBSTRATES Fiberglass Reinforced Plastic (FRP) and Expanded Foam PVC 1. Fiber-Brite (FRP) 2. Sequentia, "Polyplate" (FRP) 3. Inteplast Group "InteCel" (0.5 inch for Post-Mounted CZ Signs, 48-inch or less)(PVC) Aluminum Composite, Temporary Construction Signs Only 1. Alcan Composites "Dibond Material, 80 mils" 2. Mitsubishi Chemical America, Alpolic 350 8-1.02 TESTING Whenever a reference is made in the Standard Specifications or these special provisions to any of the California Test numbers specified below, the corresponding ASTM Designation or AASHTO Designation test numbers may be used to determine the quality of materials. CALIFORNIA TEST ASTM DESIGNATION AASHTO DESIGNATION 216 D 1557 T180 231 D 2922(a) T 238 (a) 203 D 422 T88 204 D 4318 T 89&T 90 504 C 231 T 152 518 C 138 T 121 521 C39 T 22 523 C392&C78 T177&T97 533 C 360 -- 211 C 131 &C 535 T 96 Note: (a). When ASTM Designation: D 2922 or AASHTO Designation: T-238 is used, the frequency:.and areal distribution of such tests shall comply with the requirements specified in California Test 231. For each determination of relative compaction by ASTM or AASHTO test methods, laboratory compaction tests per ASTM Designation: D 1557. or..AASHTO Designation: T 180 shall be performed, except when the use of previous laboratory maximum dry densities are allowed. Previous laboratory maximum dry densities may be used to determine relative compaction if the material, as determined by the Engineer, is from the same general excavation or plant source and has the same visual characteristics of color, gradation, and soil classification as the previous laboratory 113 maximum dry densities. The use of previous laboratory maximum dry densities will not be permitted for more than 5 working days or for more than 14 determinations of relative compaction. 8-1.03 QUALITY CONTROL TESTING The Contractor's attention is directed to Section 6-3.02, "Testing by Contractor" of the Standard Specifications regarding responsibility for quality control. The acceptance testing performed by the Agency shall not relieve the Contractor of responsibility for performing quality control testing as required by the above and other provisions of the Standard Specifications and these special provisions. 8-1.04 ENGINEERING FABRICS Engineering fabrics shall conform to the provisions in Section 88, "Engineering Fabrics," of the Standard Specifications and these special provisions. Filter fabric for this project shall be ultraviolet(UV) ray protected. The requirement that ultraviolet (UV) treated fabrics be submitted to the Transportation Laboratory at least 45 days prior to use shall not apply. SECTION 9. DESCRIPTION OF WORK The work to be done generally consists of pavement widening, base failure repairs and a hot mix asphalt overlay including drainage improvements and roadway striping and such other items or details, not mentioned above, that are required by the plans, Standard Specifications, or these special provisions to be performed, placed,constructed or installed. SECTION 10. CONSTRUCTION DETAILS SECTION 10-1. GENERAL 10-1.01 ORDER OF WORK Order of work shall conform to the provisions in Section 5-1.05, "Order of Work," of the Standard Specifications and these special provisions. The Contractor shall have a representative on the job site at all times while work is actually in progress whose sole duties shall be to supervise the work crews and coordinate activities pertaining to the contract operations, including traffic control and public notifications. Construction of the new structural section adjacent to the existing traveled way shall be performed in successive and, once all operations are under way, concurrent operations of excavating, preparing subgrade, placing base materials and paving. Excavation for pavement widening within 8 feet of the existing traveled way shall not precede the paving operation by more than 10 working days unless approved in writing by the Engineer and at the end of each working day if a difference in excess of 0.3 foot exists between the elevation of the existing pavement and the elevation of excavations within 8 feet of the traveled way, material shall be placed and compacted against the vertical cuts adjacent to the traveled way. During excavation operations, native material may be used for this purpose; however, once placing of the 114 structural section commences, structural material shall be used. The material shall be placed to the level of the elevation of the top of existing pavement and tapered at a slope of 4:1 (horizontal:vertical) or flatter to the bottom of the excavation. Treated base shall not be used for the taper. Full compensation for placing the material on a 4:1 slope, regardless of the number of times the material is required, and subsequent removing or reshaping of the material to the lines and grades shown on the plans shall be considered as included in the contract price paid for the materials involved and no additional compensation will be allowed therefor. No payment will be made for material placed in excess of that required for the structural section. The Contractor shall construct all roadway widening, base failure repairs and HMA leveling work prior to the final overlay of the entire pavement width as specified on these plans. . All utility covers within the roadway shall be referenced a minimum of two days prior to the overlay operation. The Contractor shall additionally "dimple" all manhole lids or valve covers during the overlay operation in order to be easily located by the utility companies for adjustment to grade. The Contractor shall notify the Engineer at least two (2) days in advance of traffic striping layout operations. The Engineer must approve striping layout prior to striping operation. 10-1.02 WATER POLLUTION CONTROL Water pollution control work shall conform to the provisions in Section 7-1.01G, "Water Pollution," of the Standard Specifications and these special provisions. Water pollution control work shall conform to the requirements in the "Storm Water Pollution Prevention Plan (SWPPP) and Water Pollution Control Program (WPCP) Preparation Manual" and the "Construction Site Best Management Practices (BMPs) Manual," and addenda thereto issued up to, and including, the date of advertisement of the project, hereafter referred to respectively as the "Preparation Manual" and the "Construction Site BMP Manual" and collectively as the "Manuals." Copies of the Manuals may be obtained from the Department of Transportation, Material Operations Branch, Publication Distribution Unit, 1900 Royal Oaks Drive, Sacramento, California 95815, Telephone: (916)445-3520. Copies of the Manuals may also be obtained from the Department's Internet Web Site at: http://www.dot.ca.govihq/construc/stormwater.htmi. The Contractor shall know and fully comply with the applicable provisions of the Manuals and Federal, State, and local regulations that govern the Contractor's operations and storm water discharges from both the project site and areas of disturbance outside the project limits during construction. Unless arrangements for disturbance of areas outside the project limits are made by the Department and made part of the contract, it is expressly agreed that the Department assumes no responsibility whatsoever to the Contractor or property owner with respect to any arrangements made between the Contractor and property owner to allow disturbance of areas outside:the project limits. The Contractor shall be responsible for the costs and for liabilities imposed by law as a result of.the Contractor's failure to comply with the requirements set forth in this section "Water Pollution Control" including, but not limited to, compliance with the applicable provisions of the Manuals and Federal, State, and local regulations. For the purposes of this paragraph, costs and liabilities include, but are not.limited to, fines, penalties, and damages 115 whether assessed against the State or the Contractor, including those levied under the Federal Clean Water Act and the State Porter Cologne Water Quality Act. In addition to the remedies authorized by law, an amount of the money due the Contractor under the contract, as determined by the Department, may be retained by the State of California until disposition has been made of the costs and liabilities. The retention of money due the Contractor shall be subject to the following: A. The Department will give the Contractor 30 days notice of the Department's intention to retain funds from partial payments which may become due to the Contractor prior to acceptance of the contract. Retention of funds from payments made after acceptance of the contract may be made without prior notice to the Contractor. B. No retention of additional amounts out of partial payments will be made if the amount to be retained does not exceed the amount being withheld from partial payments pursuant to Section 9-1.06, "Partial Payments," of the Standard Specifications. C. If the Department has retained funds and it is subsequently determined that the State is not subject to the costs and liabilities in connection with the matter for which the retention was made, the Department shall be liable for interest on the amount retained at the legal rate of interest for the period of the retention. Conformance with the provisions in this section "Water Pollution Control" shall not relieve the Contractor from the Contractor's responsibilities as provided in Section 7, "Legal Relations and Responsibilities," of the Standard Specifications. While this contract does not require a formal written water pollution control plan, the contractor shall conduct his operations employing best management practices to reduce the potential of pollutants and sediment entering the storm drainage system. The Contractor shall identify pollution sources that may adversely affect the quality of storm water discharges associated with the project and shall identify water pollution control measures, hereafter referred to as control measures, to be constructed, implemented, and maintained in order to reduce to the extent feasible pollutants in storm water discharges from the construction site during construction under this contract. The Contractor shall incorporate control measures in the following categories: A. Soil stabilization; B. Sediment control; C. Tracking control; D. Wind erosion control; E. Non-storm water control; and F. Waste management and material pollution control. Specific objectives and minimum requirements for each category of control measures are contained in the Manuals. The Contractor shall consider the objectives and minimum requirements presented in the Manuals for each of the above categories. When minimum requirements are listed for any category, the Contractor shall incorporate into his operations and implement on the project, one or more of the listed minimum controls required in order to meet the pollution control objectives for the category. Soil stabilization practices and sediment control measures, including minimum requirements, shall be provided throughout the rainy season, defined as between October 15 and April 15. 116 The Contractor shall have a year-round program for implementing and maintaining water pollution control practices for wind erosion control, tracking control, non-storm water control, and waste management and materials pollution control. The National Weather Service weather forecast shall be monitored and used by the Contractor on a daily basis. An alternative weather forecast proposed by the Contractor may be used if approved by the Engineer. If precipitation is.predicted,the necessary water pollution control practices shall be deployed prior to the onset of the precipitation. The Engineer may order the suspension of construction operations which create water pollution if the Contractor fails to conform to the provisions in this section "Water Pollution Control" as determined by the Engineer. MAINTENANCE To ensure the proper implementation and functioning of control measures, the Contractor shall regularly inspect and maintain the construction site for the control measures implemented. The Contractor shall identify corrective actions and time needed to address any deficient measures or reinitiate any measures that have been discontinued. PAYMENT Full compensation for conforming to the provisions in this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor. The Engineer will retain an amount equal to 25 percent of the estimated value of the contract work performed during estimate periods in which the Contractor fails to conform to the provisions in this section "Water Pollution Control" as determined by the Engineer. Retentions for failure to conform to the provisions in this section "Water Pollution Control" shall be in addition to the other retentions provided for in the contract. The amounts retained for failure of the Contractor to conform to the provisions in this section will be released for payment on the next monthly estimate for partial payment following the date that water pollution control measures have been implemented or corrected has been implemented and maintained and water pollution is adequately controlled, as determined by the Engineer. 10-1.03 PRESERVATION OF PROPERTY Attention is directed to the provisions in Section 7-1.11, "Preservation of Property,' of the Standard Specifications and these special provisions. Existing trees, shrubs and other plants, that are not to be removed as shown on the plans or specified elsewhere in these special provisions, and are injured or damaged or caused to fall by reason of the contractor's operations, shall be replaced by the Contractor as directed by the Engineer. The Engineer shall determine appropriate number, size and species of plants as restitution. The Contractor shall furnish, plant, and maintain the specified plants at his expense. The maintenance period.shall be for three years from.the date that the Agency accepts the contract as complete. Typical tree restoration requires trees to be replaced at a 3:1 ratio. . This may vary depending on the. size and species of the tree, shrub or other plants removed. In addition, the Contractor shall post a security cash bond in the amount of$2,000 plus an additional $200 per tree in excess of three trees, $100 per shrub, and an amount representing 10 times the actual cost of other plants replaced. This security bond will be returned at the end of the three-year maintenance period provided that an 80% survivability is reached with the replacement planting. Failure to reach this goal will require additional planting and another three-year maintenance period with appropriate security bond being retained by the County. 117 Replacement planting of injured or damaged trees, shrubs and other plants shall be completed not less than 20 working days prior to acceptance of the contract. Replacement plants shall be watered as necessary to maintain the plants in a healthy condition. Damaged or injured plants shall be removed and disposed of outside the highway right of way in accordance with the provisions in Section 7-1.13 of the Standard Specifications. 10-1.04 COOPERATION Attention is directed to Section 7-1.14, "Cooperation," and Section 8-1.10, "Utility and Non-Highway Facilities," of the Standard Specifications and these special provisions. 10-1.05 OBSTRUCTIONS Attention is directed to Section 8-1.10, "Utility and Non-Highway Facilities," and Section 15, "Existing Highway Facilities," of the Standard Specifications and these special provisions. The Contractor shall notify the Engineer and the appropriate regional notification center for operators of subsurface installations at least 2 working days, but not more than 14 calendar days, prior to performing any excavation or other work close to any underground pipeline, conduit, duct, wire or other structure. Regional notification centers include, but are not limited to, the following: Notification Center Telephone Number Underground Service Alert-Northern (800) 642-2444 California(USA) (800) 227-2600 The following facilities require adjustments to be performed by the utility shortly after the contract. The contractor shall notify all utilities to coordinate their adjustment work after the project. East Bay Municipal Utilities District(EBMUD) Water valve covers that are located within the project limits will be adjusted to grade by EBMUD after the hot mix asphalt overlay. Contractor shall make arrangements with EBMUD for coordination of the adjustment work. The Contractor shall notify Henrique (Rick) Pinguel at (510) 287-0831, at least seven (7) working days in advance of construction operations that necessitate adjustments of these facilites. PG&E Gas main valve covers that are located within the project limits will be adjusted to grade by PG&E. The Contractor shall make arrangements with PG&E for coordination of the adjustment work. The Contractor shall notify Brian Affleck at (510) 231-2822, at least seven (7) working days in advance of construction operations that necessitate adjustments of these facilities. 118 West County Wastewater District(WCWD) Sanitary sewer manhole covers that are located within the project limits will be adjusted to grade by WCWD after the hot mix asphalt overlay. The Contractor shall make arrangements with WCWD for coordination of the adjustment work. The Contractor shall notify Ajay Kataria at (510) 222-6700, at least two (2) working days in advance of construction operations that necessitate adjustments of these facilities. PAYMENT Full compensation for coordinating and notifying utility companies regarding adjusting facilities to grade shall be considered as included in the contract price paid for various contract items and no separate payment will be made therefore. 10-1.06 CONSTRUCTION AREA TRAFFIC CONTROL DEVICES Flagging, signs, and temporary traffic control devices furnished, installed, maintained, and removed when no longer required shall conform to the provisions in Section 12, "Construction Area Traffic Control Devices," of the Standard Specifications and these special provisions. Category 1 temporary traffic control devices are defined as small and lightweight (less than 100 pounds) devices. These devices shall be certified as crashworthy by crash testing, crash testing of similar devices, or years of demonstrable safe performance. Category I temporary traffic control devices include traffic cones, plastic drums, portable delineators, and channelizers. If requested by the Engineer, the Contractor shall provide written self-certification for crashworthiness of Category 1 temporary traffic control devices at least 5 days before beginning any work using the devices or within 2 days after the request if the devices are already in use. Self-certification shall be provided by the manufacturer or Contractor and shall include the following: A. Date, B. Federal Aid number(if applicable), C. Contract number, district, county, route and post mile of project limits,. D. Company name of certifying vendor, street address, city,state and zip code, E. Printed name, signature,and title of certifying person; and F. Category 1 temporary traffic control devices that will be used on the project. The Contractor may obtain a standard form for self-certification from the Engineer. Category 2 temporary traffic control devices are defined as small and lightweight (less than 100 pounds) devices-that are not expected to produce significant vehicular velocity change, but may cause potential harm to impacting vehicles. Category 2 temporary traffic control devices include barricades and portable sign supports. Category 2 temporary .traffic control devices shall be on the Federal Highway Administration's (FHWA) list of Acceptable Crashworthy Category 2 Hardware for Work Zones. This list is maintained by FHWA and can be located at: http://safety.fhwa.dot.gov/roadway_dept/road_hardware/l i sting.c fm?code=workzo ne The Department also maintains this list at: http://www.dot.ca.gov/hq/traffops/signtech/signdel/pdf/Category2.pdf 119 Category 2 temporary traffic control devices that have not received FHWA acceptance shall not be used. Category 2 temporary traffic control devices in use that have received FHWA acceptance shall be labeled with the FHWA acceptance letter number and the name of the manufacturer. The label shall be readable and permanently affixed by the manufacturer. Category 2 temporary traffic control devices without a label shall not be used. If requested by the Engineer, the Contractor shall provide a written list of Category 2 temporary traffic control devices to be used on the project at least 5 days before beginning any work using the devices or within 2 days after the request if the devices are already in use. Category 3 temporary traffic control devices consist of temporary traffic-handling equipment and devices that weigh 100 pounds or more and are expected to produce significant vehicular velocity change to impacting vehicles. Temporary traffic-handling equipment and devices include crash cushions, truck-mounted attenuators, temporary railing, temporary barrier, and end treatments for temporary railing and barrier. Type III barricades may be used as sign supports if the barricades have been successfully crash tested, meeting the NCHRP Report 350 criteria, as one unit with a construction area sign attached. Category 3 temporary traffic control devices shall be shown on the plans or on the Department's Highway Safety Features list. This list is maintained by the Division of Engineering Services and can be found at: http://www.dot.ca.gov/hq/esc/approved_products_list/HighwaySafe.htm Category 3 temporary traffic control devices that are not shown on the plans or not listed on the Department's Highway Safety Features list shall not be used. Full compensation for providing self-certification for crashworthiness of Category 1 temporary traffic control devices and for providing a list of Category 2 temporary traffic control devices used on the project shall be considered as included in the prices paid for the various items of work requiring the use of the Category 1 or Category 2 temporary traffic control devices and no additional compensation will be allowed therefor. 10-1.07 CONSTRUCTION AREA SIGNS Construction area signs for temporary traffic control shall be furnished, installed, maintained, and removed when no longer required in conformance with the provisions in Section 12, "Construction Area Traffic Control Devices," of the Standard Specifications and these special provisions. Attention is directed to "Furnish Sign" of these special provisions. Attention is directed to the provisions in "Prequalified and Tested Signing and Delineation Materials" of these special provisions. Type II retroreflective sheeting shall not be used on construction area sign panels. Type 11I, IV, VII, VIII, or IX retroreflective sheeting shall be used for stationary mounted construction area sign panels. Unless otherwise shown on the plans or specified in these special provisions, the color of construction area warning and guide signs shall have black legend and border on orange background, except W10-1 or W47(CA) (Highway-Rail Grade Crossing Advance Warning) sign shall have black legend and border on yellow background. Repair to construction area sign panels will not be allowed, except when approved by the Engineer. At nighttime under vehicular headlight illumination, sign panels that exhibit irregular luminance, shadowing or dark blotches shall be immediately replaced at the Contractor's expense. 120 The Contractor shall notify the appropriate regional notification center for operators of subsurface installations at least 2 working days, but not more than 14 calendar days, prior to commencing excavation for construction area sign posts. The regional notification centers include, but are not limited to, the following: Notification Center Telephone Number Underground Service 800-642-2444 Alert—.Northern California(USA) 800-227-2600 Excavations required to install construction area signs shall be performed by hand methods without the use of power equipment, except that power equipment may be used if it is determined there are no utility facilities in the area of the proposed post holes. The post hole diameter, if backfilled with portland cement concrete, shall be at least 4 inches greater than the longer dimension of the post cross section. Construction area signs placed within 15 feet from the edge of the travel way shall be mounted on stationary mounted sign supports as specified in "Construction Area Traffic Control Devices" of these special provisions. The Contractor shall maintain accurate information on construction area signs. Signs that are no longer required shall be immediately covered or removed. Signs that convey inaccurate information shall be immediately replaced or the information shall be corrected. Covers shall be replaced when they no longer cover the signs properly. The Contractor shall immediately restore to the original position and location any sign that is displaced or overturned, from any cause, during the progress of work. Note 4 in the first paragraph of Section 12-3.06A, "Stationary Mounted Signs," of the Standard Specifications is amended to read: 4. The post embedment shall be 2.5 feet backfill with native material. Compact by tamping. CONSTRUCTION FUNDING SIGNS Construction funding:signs will be furnished by the County. The Contractor shall furnish two sign posts per sign and install the signs at the locations designated by the Engineer. The construction funding signs shall be placed in conjunction with construction area signs. These signs.shall be maintained by the Contractor throughout the project construction. Damaged construction funding signs shall be. replaced by the contractor at his/her expense. These signs shall. be salvaged and returned to the County upon completion of the project. Signs shall be picked up and delivered to the County sign shop at 2475 Waterbird Way, Martinez, California, Monday through Thursday by appointment only. Call (925) 313-7000 a minimum of 48 hours in advance for appointment. MEASURMENT AND PAYMENT Full compensation for pickup, installing, maintaining, removing, salvaging and returning County. furnished.signs shall be considered as included in the contract lump sum price for construction area signs and no separate payment will be made therefor. Payment for construction area signs will be made in increments of the contract lump sum price for this item of work in the following manner: 121 Initial Increment: 60 percent of the lump sum price upon satisfactory completion of installation of signs. Final Increment: Balance of the lump sum price upon satisfactory completion of removal of signs. 10-1.08 MAINTAINING TRAFFIC Attention is directed to Sections 7-1.08, "Public Convenience," 7-1.09, "Public Safety," and 12, "Construction Area Traffic Control Devices," of the Standard Specifications and to the provisions in "Public Safety" of these special provisions and these special provisions. Nothing in these special provisions shall be construed as relieving the Contractor from the responsibilities specified in Section 7-1.09. Lane closures shall conform to the provisions in section "Traffic Control System for Lane Closure" of these special provisions. Personal vehicles of the Contractor's employees shall not be parked on the traveled way or shoulders including any section closed to public traffic. The Contractor shall notify local authorities of the Contractor's intent to begin work at least 5 days before work is begun. The Contractor shall cooperate with local authorities relative to handling traffic through the area and shall make arrangements relative to keeping the working area clear of parked vehicles. Local authorities are defined as, but not limited to, Contra Costa Sheriffs Department, California Highway Patrol, local Fire Department, United States Post Office, local waste management companies Emergency Response Companies and/or all businesses or regular users whose ability to perform their daily job will be affected by road closures, detours or general work by the Contractor. When work vehicles or equipment are parked on the shoulder within 6 feet of a traffic lane, the shoulder area shall be closed with fluorescent orange traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at 25-foot intervals to a point not less than 25 feet past the last vehicle or piece of equipment. A minimum of 9 traffic cones or portable delineators shall be used for the taper. A W20-1 (ROAD WORK AHEAD) or W21-5b (RIGHT/LEFT SHOULDER CLOSED AHEAD) or C24(CA) (SHOULDER WORK AHEAD) sign shall be mounted on a crashworthy portable sign support with flags. The sign shall be placed where designated by the Engineer. The sign shall be a minimum of 48" x 48" in size. The Contractor shall immediately restore to the original position and location a traffic cone or delineator that is displaced or overturned, during the progress of work. No construction equipment or construction materials shall be parked or stockpiled within 10 feet of a traffic lane along Goodrick Avenue and Parr Boulevard when construction operations are not actively in progress. A minimum of one paved traffic lane, not less than 10 feet wide, shall be open for use by public traffic. When construction operations are not actively in progress, not less than 2 of these lanes shall be open to public traffic. TRAFFIC CONTROL SYSTEM FOR LANE CLOSURE A traffic control system shall consist of closing traffic lanes in conformance with the details shown on the plans, the provisions in Section 12, "Construction Area Traffic Control Devices," of the Standard Specifications, the provisions under "Maintaining Traffic" and "Construction Area Signs" of these special provisions, and these special provisions. 122 During traffic stripe operations and pavement marker placement operations using bituminous adhesive, traffic shall be controlled, at the option of the Contractor, with either stationary or moving lane closures. During other operations, traffic shall be controlled with stationary lane closures. Attention is directed to the provisions in Section 84-1.04, "Protection From Damage," and Section 85-1.06, "Placement," of the Standard Specifications. If components in the traffic control system are displaced or cease to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair the components to the original condition or replace the components and shall restore the components to the original location. STATIONARY LANE CLOSURE When lane closures are made for work periods only, at the end of each work period, components of the traffic control system, except portable delineators placed along open trenches or excavation adjacent to the traveled way, shall be removed from the traveled way and shoulder. If the Contractor so elects, the components may be stored at selected central locations, designated by the Engineer within the limits of the highway right of way. TRAFFIC CONTROL FOR PAVEMENT DELINEATION During traffic stripe operations and pavement marker placement operations using bituminous adhesive, traffic shall be controlled, at the option of the Contractor, as provided for under "Traffic Control System for Lane Closure" of these Special Provisions, or by use of an alternate traffic control plan proposed by the Contractor. The Contractor shall not start traffic stripe operations using an alternate plan until he has submitted his plan to the Engineer and has received written approval of said plan. Alternate traffic control plans for striping operations shall conform to the provisions in Section 7-1.08, "Public Convenience," 7-1.09, "Public Safety," and 12, "Construction Area Traffic Control Devices," of the Standard Specifications and these special provisions. Full compensation for providing traffic control for applying traffic stripes and pavement markers shall be considered as included in the contract lump sum prices paid for the traffic control system and no separate payment will be made therefor. FLAGGING COSTS In lieu of the provisions of Section 12-2.02, "Flagging Costs," of the Standard Specifications regarding equal payment by the State and the Contractor, full compensation for furnishing flaggers, including transporting flaggers, providing stands or towers for use of flaggers, shall be considered as included in the contract price paid for the various items of work that require flagging and no separate payment will be made therefor. PAYMENT The contract lump sum price.paid for traffic control system shall include full compensation for furnishing all labor, materials (including signs), tools, equipment, and incidentals, and for doing all the work involved in placing, removing, storing, maintaining, moving to new locations, replacing and disposing of the components of the traffic control system shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. The adjustment provisions in Section 4-1.03, "Changes," of the Standard Specifications shall not apply to the item of traffic control system. Adjustments in compensation for traffic control system will be made only for increased or decreased traffic control system required by changes ordered by the Engineer and will be made on the basis of the cost of the increased or 123 decreased traffic control necessary. The adjustment will be made on a force account basis as provided in Section 9-1.03, "Force Account Payment," of the Standard Specifications for increased work and estimated on the same basis in the case of decreased work. 10-1.09 TEMPORARY PAVEMENT DELINEATION Temporary pavement delineation shall be furnished, placed, maintained, and removed in conformance with the provisions in Section 12-3.01, "General," of the Standard Specifications and these special provisions. Nothing in these special provisions shall be construed as reducing the minimum standards specified in the California MUTCD or as relieving the Contractor from the responsibilities specified in Section 7-1.09, "Public Safety," of the Standard Specifications. GENERAL When the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place before opening the traveled way to public traffic. Laneline or centerline pavement delineation shall be provided for traveled ways open to public traffic. Work necessary, including required lines or markers, to establish the alignment of temporary pavement delineation shall be performed by the Contractor. Surfaces to receive application of paint or removable traffic tape temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with a new pattern of temporary pavement delineation or permanent pavement delineation, or as determined by the Engineer. Temporary pavement markers and removable traffic tape that conflicts with a new traffic pattern or that is applied to the final layer of surfacing or existing pavement to remain in place shall be removed when no longer required for the direction of public traffic, as determined by the Engineer. Temporary pavement delineation shall be used on or adjacent to lanes open to public traffic for a maximum of 14 days. Before the end of the 14 days,the permanent pavement delineation shall be placed. If the permanent pavement delineation is not placed within the 14 days, additional temporary pavement delineation shall be provided by the Contractor at no additional cost to the Department. The additional temporary pavement delineation to be provided shall be equivalent to the pattern specified for the permanent pavement delineation for the area, as determined by the Engineer. TEMPORARY LANELINE AND CENTERLINE DELINEATION When lanelines or centerlines are obliterated, the minimum laneline and centerline delineation to be provided shall be temporary pavement markers placed at longitudinal intervals of not more than 24 feet. The temporary pavement markers shall be the same color as the laneline or centerline the markers replace. Temporary pavement markers shall be, at the option of the Contractor, one of the temporary. pavement markers listed for short term day/night use (14 days or less) or long term day/night use (6 months or less) in "Prequalified and Tested Signing and Delineation Materials" of these special provisions. Temporary pavement markers shall be placed in conformance with the manufacturer's instructions and shall be cemented to the surfacing with the adhesive recommended by the manufacturer, except epoxy adhesive shall not be used to place pavement markers in areas where removal of the markers will be required. 124 Temporary laneline or centerline delineation consisting entirely of temporary pavement markers shall be placed on longitudinal intervals of not more than 24 feet. Full compensation for furnishing, placing, maintaining, and removing temporary pavement markers used for temporary laneline and centerline delineation and for providing equivalent patterns of permanent traffic lines for these areas when required shall be considered as included in the contract prices paid for the items of work that obliterated the laneline and centerline pavement delineation and no separate payment will be made therefor. 10-1.10 EXISTING HIGHWAY FACILITIES The work performed in connection with various existing highway facilities shall conform to the provisions in Section 15, "Existing Highway Facilities," of the Standard Specifications and these special provisions. Miscellaneous highway facilities shall include any improvement or facility located within the area of work. All existing facilities that are within the limits of clearing and grubbing as described elsewhere in these special provisions, and in conflict with the work to be done, shall be removed unless otherwise noted on the plans. REMOVE DRAINAGE FACILITY Existing driveway culverts, inlets, headwalls and endwalls that are being replaced with new driveway culverts, shall be completely removed and disposed of. REMOVE CHAIN LINK FENCE Existing chain link fence, at the locations shown on the plans, shall be completely removed and disposed of. The contract unit price paid per linear foot for removing chain link fence shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved in removing chain link fence complete in place, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer COLD PLANE ASPHALT CONCRETE PAVEMENT Existing asphalt concrete pavement shall be cold planed at the locations and to the dimensions shown on the plans. Planing asphalt concrete pavement shall be performed by the cold planing method. Planing of the asphalt concrete pavement shall not be done by the heater planing method. Cold planing machines shall be equipped with a cutter head not less than 30 inches in width and shall be operated so that no fumes or smoke will be produced. The cold planing machine shall plane the pavement without requiring the use of a heating device to soften the pavement during or prior to the.planing operation. The depth, width, and.shape of the cut shall be as shown on the typical cross sections or as designated by the Engineer. The final cut shall result in a uniform surface conforming to the typical cross sections. The outside lines of the planed area shall be neat and uniform. Planing asphalt concrete pavement operations...shall be performed without damage to the surfacing to remain in place. Planed widths of pavement shall be continuous except for intersections at cross streets where the planing shall be. carried around the corners and through the conform lines. 125 Following planing operations, a drop-off of more than 0.15-foot will not be allowed between adjacent lanes open to public traffic. Where transverse joints are planed in the pavement at conform lines no drop-off shall remain between the existing pavement and the planed area when the pavement is opened to public traffic. If asphalt concrete has not been placed to the level of existing pavement before the pavement is to be opened to public traffic a temporary asphalt concrete taper shall be constructed. Asphalt concrete for temporary tapers shall be placed to the level of the existing pavement and tapered on a slope of 1:30 (Vertical: Horizontal) or flatter to the level of the planed area. Asphalt concrete for temporary tapers shall be commercial quality and may be spread and compacted by any method that will produce a smooth riding surface. Temporary asphalt concrete tapers shall be completely removed, including the removal of loose material from the underlying surface, before placing the permanent surfacing. The removed material shall be disposed of outside the highway right of way in conformance with the provisions in Section 7-1.13, "Disposal of Material Outside the Highway Right of Way," of the Standard Specifications. Operations shall be scheduled so that not more than 7 days shall elapse between the time when transverse joints are planed in the pavement at the conform lines and the permanent surfacing is placed at the conform lines. The material planed from the roadway surface, including material deposited in existing gutters or on the adjacent traveled way, shall be disposed of in conformance with the provisions in Section 7-1.13, "Disposal of Material Outside the Highway Right of Way," of the Standard Specifications. Removal operations of cold planed material shall be concurrent with planing operations and follow within 50 feet of the planer, unless otherwise directed by the Engineer. Cold plane asphalt concrete pavement will be measured by the square yard. The quantity to be paid for will be the actual area of surface cold planed irrespective of the number of passes required to obtain the depth shown on the plans. The contract price paid per square yard for cold plane asphalt concrete pavement shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in cold planing asphalt concrete surfacing and disposing of planed material, including furnishing the asphalt concrete for and constructing, maintaining, removing, and disposing of temporary asphalt concrete tapers, as specified in the Standard Specifications and these special provisions and as directed by the Engineer. 10-1.11 CLEARING AND GRUBBING Clearing and grubbing shall conform to the provisions in Section 16, "Clearing and Grubbing," of the Standard Specifications and these special provisions. Vegetation shall be cleared and grubbed only within the excavation and embankment slope lines. At locations where there is no grading adjacent to a bridge or other structure, clearing and grubbing of vegetation shall be limited to 5 feet outside the physical limits of the bridge or structure. Activities controlled by the Contractor, except cleanup or other required work, shall be confined within the graded areas of the roadway. Nothing herein shall be construed as relieving the Contractor of the Contractor's responsibility for final cleanup of the highway as provided in Section 4-1.02, "Final Cleaning Up," of the Standard Specifications. 126 Trees and shrubs shall not be removed unless they are shown and noted on the plans to be removed. All trees and, shrubs conflicting with grading, utilities, or other improvements or overhanging the sidewalk or pavement so as to forma nuisance or hazard to the public shall be trimmed to provide 18 feet of clearance over roadways and 8 feet of clearance over sidewalks or walkways. All roots exposed in trench and roadway excavation shall be cut neatly at the excavation line in accordance with recognized standards of good arboricultural practices. The provisions of the last paragraph of Section 16-1.03, "Construction," of the Standard Specifications are amended to also include the trimming of roots of trees and shrubs that are to be left in place. 10-1.12 EARTHWORK Earthwork shall conform to the provisions in Section 19, "Earthwork," of the Standard Specifications and these special provisions. Any material imported for the construction of embankments or as backfill for structures, culverts, and other facilities shall meet the following requirements: pH > 5.5 (> 7.3) 2 Water Soluble Sulfate 3 <0.2% Resistivity(R) > 3000 ohm cm 2 1 Per California Test 532&643. 2 For backfill around metal pipe/conduit. 3 Reported as SO4. Imported borrow shall be mineral material including rock, sand, gravel, or earth. The Contractor shall not use man-made refuse in imported borrow.including: . A. Portland cement concrete, B. Asphalt concrete, C. Material planed from roadway surfaces, D. Residue from grooving or grinding operations, E. Metal, F. Rubber, G. .Mixed debris, H. Rubble Surplus excavated material shall become the property of the Contractor and shall 'be disposed of in conformance with the provisions in Section 7-1.13, "Disposal of Material Outside the Highway Right of Way," of the Standard Specifications. Where a portion of the existing surfacing is to be removed, the outline of the area to be removed shall be cut on a neat line with a power-driven saw to a minimum depth of 2 inches before removing.the surfacing. Full compensation for cutting the existing surfacing shall be considered as included in the contract price paid per cubic yard for roadway excavation and no additional compensation will be allowed therefor.. IMPORTED MATERIAL (SHOULDER BACKING) This-work shall consist of constructing shoulder backing adjacent to the edge of the new surfacing in accordance with the details shown on the plans and these special provisions. The material for shoulder backing shall be imported material conforming to the following grading and quality requirements: 127 GRADING REQUIREMENTS Sieve Sizes Percentage Passing 2inches 100 1 inch 75 - 100 No. 4 35 - 80 No. 30 15 - 55 No. 200 5 - 25 QUALITY REQUIREMENTS Specification California Requirement Test Sand 217 10 min. Equivalent Resistance 301 40 min. (R-value) Plasticity 204 7 min. Index The areas where shoulder backing is to be constructed shall be cleared of all weeds, grass and debris. Removed weeds and grass shall be disposed of uniformly over adjacent slope areas and removed debris shall be disposed of outside the highway right of way in accordance with the provisions in Section 7-1.13 of the Standard Specifications. Shoulder backing material shall be thoroughly mixed with the basement material by scarifying or blading and then watered and rolled to form a smooth, firmly compacted surface. Watering shall conform to the provisions in Section 17, "Watering," of the Standard Specifications. Shoulder backing material shall not be deposited on the new surfacing prior to placing it in final position, nor shall it be bladed onto the new surfacing during mixing, watering, and blading operations. Shoulder backing construction shall be completed along the edges of any portion of new surfacing within 5 days after completion of that portion of the new surfacing. Prior to opening a lane, adjacent to uncompleted shoulder backing, to uncontrolled public traffic, the Contractor shall furnish, place and maintain portable delineators and C31 "Low Shoulder" signs off of and adjacent to the new surfacing. Portable delineators shall be placed at the beginning and along the drop-off of the edge of pavement, in the direction of travel, at successive maximum intervals of 500 feet on tangents and 200 feet on curves. C31 signs shall be placed at the beginning and along the drop-off at successive maximum intervals of 2000 feet. The portable delineators and C31 signs shall be maintained in place at each location until shoulder backing is completed at that location. Portable delineators and signs shall conform to the requirements in Section 12, "Construction Area Traffic Control Devices," of the Standard'Specifications, except the signs may be set on temporary portable supports or on barricades. Quantities of imported material (shoulder backing) will be measured by the ton in accordance with the provisions in Section 9-1.01, "Measurement of Quantities," of the Standard Specifications. The contract price paid per ton for imported material (shoulder backing) shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for 128 doing all the work involved in constructing shoulder backing complete in place, including furnishing, placing, maintaining, and removing portable delineators, C31 signs and temporary supports or barricades for the signs, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. 10-1.13 AGGREGATE BASE Aggregate base must comply with Section 26, "Aggregate Bases," of the Standard Specifications and these special provisions. Aggregate base must be Class 2. Do not store reclaimed asphalt concrete or aggregate base with reclaimed asphalt concrete within 100 feet measured horizontally of any culvert, watercourse, or bridge. 10-1.14 HOT MIX ASPHALT Hot mix asphalt shall conform to the provisions in Section 39, "Hot Mix Asphalt," of the Standard Specifications and these special provisions. This work includes producing and placing hot mix asphalt (HMA) Type A using the Standard process. The Contractor shall submit an hot mix asphalt mix design at the pre-construction meeting to be approved by the County. The mix design shall state the amount of asphalt binder to be mixed with the aggregate for hot mix asphalt by weight of the dry aggregate based on California Test methods 366 and 367. Unless otherwise directed by the Engineer, asphalt binder to be mixed with aggregate shall be steam-refined paving asphalt,viscosity grade PG 70-10 Hot mix asphalt placed in the top layer of the surfacing shall be obtained from only one asphalt plant. . The provisions in Section 39-6.02, "Spreading," of the Standard Specifications are amended with the following: While spreading the final lift of hot mix asphalt, all excess hot mix asphalt along cold joints shall be carefully removed and disposed. This excess material shall not be placed by any means over the hot mix asphalt being spread. Hot mix asphalt total paved compacted thickness is less than 0.15 feet or widths of less than 5 feet shall be spread and compacted with the equipment and by the methods specified in Section 39-3, "Method," of the Standard Specifications. All other hot mix asphalt shall be spread and compacted in conformance with Section 39-2, "Standard," of the Standard Specifications amended as follows: 129 The sixth paragraph under Section 39-2.03A,"Testing,"is amended to to read: For percent of maximum theoretical density, the Engineer determines a deduction for each test result outside the specifications in compliance with: Reduced Payment Factors for Percent of Maximum Theoretical Density HMA Type A and B and Reduced Payment HMA Type A and Reduced RHMA-G Percent of Factor B and RHMA-G Payment Factor Maximum Theoretical Percent of Density Maximum Theoretical Density 93.0 0.0000 97.0 0.0000 92.9 0.0100 97.1 0.0125 92.8 0.0200 97.2 0.0250 92.7 0.0300 97.3 0.0375 92.6 0.0400 97.4 0.0500 92.5 0.0500 97.5 0.0625 92.4 0.0600 97.6 0.0750 92.3 0.0700 .97.7 0.0875 92.2 0..0800 97.8 0.1000 92.1 0.0900 97.9 0.1125 92.0 0.1000 98.0 0.1250 91.9 0.1100 98.1 0.1375 91.8 . 0.1200 98.2 0.1500 91.7 0.1300 98.3 0.1625 91.6 0.1400 98.4 0.1750 91.5 0.1500 98.5 0.1875 91.4 0.1600 98.6 0.2000 91.3 0.1700 98.7 0.2125 91.2 0.1800 98.8 0.2250 91.1 0.1900 98.9 0.2375 91.0 0.2000 99.0 0.2500 90.9 0.2100 >99.0 Remove and Replace 90.8 0.2200 90.7 0.2300 90.6 0.2400 90.5 0.2500 90.4. 0.2600 90.3 0.2700 90.2 0.2800 90.1 0.2900 90.0 0.3000 <90.0 Remove and Replace 130 At locations where the hot mix asphalt is to be placed over areas inaccessible to an asphalt paver, the hot mix asphalt shall be spread by any means that will obtain the specified results and shall be compacted to the specified density and to the required lines, grades and cross sections. 'Hot mix asphalt leveling as directed by the Engineer will be measured and paid for as hot mix asphalt(Type A %2"). Before opening the lane to public traffic, pave shoulders and median borders adjacent to a lane being paved. Place HMA on adjacent traveled way lanes so that at the end of each work shift, the distance between the ends of HMA layers on adjacent lanes is between. 5 feet and 10 feet. Place additional HMA along the transverse edge at each lane's end and along the exposed longitudinal edges between adjacent lanes. Hand rake and compact the additional HMA to . form temporary conforms. You may place Kraft paper or another approved bond breaker under the conform tapers to facilitate the taper removal when paving operations resume. If widening existing pavement, construct new structural section to match the elevation of the existing pavement's edge for the project's entire length before placing HMA over the existing pavement. Aggregate for hot mix asphalt parking lot conform shall conform to the hot mix asphalt(Type A, 3/8")grading as specified in Section 39-1.02E,"Aggregate,"of the Standard Specifications. Place additional hot.mix asphalt (Type A, 3/8") along the pavement's edge to conform road widening and parking lot area. Hand rake, if necessary, and compact the additional IIMA to form a smooth conform taper. Hot mix asphalt(Type A, 3/8") for parking lot conform shall be measured and paid for as hot mix asphalt (Type A, ''/Z"). Hot mix asphalt .for hot mix asphalt driveways, hot mix asphalt driveway conforms and intersecting private street conforms shall be hot mix asphalt (Type A, %") grading and shall conform to the provisions in Section 39, "Hot Mix Asphalt" of the Standard Specifications and these special provisions. The hot mix asphalt shall be placed in accordance with the provisions of Section 39-1.13, "Miscellaneous Areas" of the Standard Specifications and these special provisons. Spreading and compacting: shall be performed by methods that will produce an hot mix asphalt surfacing of uniform smoothness,texture, and density. Hot mix asphalt for driveways.and conforms shall be measured and paid for as hot mix asphalt (Type A %2"). Hot mix asphalt driveway conforms with existing asphalt concrete shall be sawcut. Full compensation for sawcutting..existing asphalt concrete curbs, sidewalks, driveways, and roadway shall be considered as included in the contract unit prices paid for hot nux aspahlt and no separate payment will be made therefor. If this contract includes.a separate pay: item for.aggregate base or aggregate subbase, the quantities of aggregate base and aggregate subbase placed as a part of driveway conforms of any material will be measured and paid for as aggregate base or aggregate subbase. 131 10-1.15 GEOSYNTHETIC PAVEMENT INTERLAYER Geosynthetic pavement interlayer shall conform to the provisions in Section 39-1.09D, "Geosynthetic Pavement Interlayer," Section 88, "Engineering Fabrics," and Section 92, "Asphalts,"of the standard specifications and these special provisions. Section 88-1.02, "Pavement Reinforcing Fabric" is amended as follows: Geosynthetic pavement interlayer shall be manufactured from polyester, polypropylene, or polypropylene-nylon material. The fabric shall be nonwoven of uniform thickness, heat treated on at least one side, and shall conform to the following: Specification Requirement Weight, oz/yd2, ASTM Designation: D 3776.................................................... 4.1 min. Grab tensile strength(1 inch grip), lbs,min. in each direction, ASTM Designation: D 4632.................................................... 101 Elongation at break, percent min., ASTM Designation: D 4632.................................................... 40 Fabric Asphalt Retention, gallons per square yard', ASTM Designation: D 6140.................................................... 0.20 to 0.25 residual asphalt 'Exact Value shall be provided by manufacturer as part of certificate of compliance Geosynthetic pavement interlayer rolls shall be delivered to project site fully enclosed in plastic to protect against sunlight and water. The rolls shall be stored off the ground and uniformly supported to prevent the core from bending. Surface Preparation A minimum of 2 days prior to applying asphalt binder and geosynthetic pavement interlayer, all pavement failure repair and HMA leveling shall be completed as shown on the plans and as directed by the Engineer. If this work is performed within 2 days of applying asphalt binder and geosynthetic pavement interlayer, the Contractor shall seal the newly paved surfaces by applying a light tack coat of SS-1 emulsion and sand as directed by the Engineer. All cold-planed asphalt concrete conforms and keycuts shall receive a light coat of liquid asphalt at the approximate rate of 0.42 lbs./yd2 (equivalent to 0.05 gal/yd2 at 60° F) prior to placing binder and geosynthetic pavement interlayer. Prior to applying asphalt binder, all cracks in existing pavement, between %4-inch and %- inch in width, shall be pneumatically cleaned and filled with hot pour rubberized Type 2 crack sealant. Cracks larger than %i-inch in width shall be filled with fine hot mix asphalt. The existing pavement surface shall be dry and free of loose or extraneous material prior to applying the asphalt binder and geosynthetic pavement interlayer. The Contractor shall clean the surface by sweeping or other means to remove all loose particles of paving, all dirt and other extraneous material immediately before applying the asphalt binder Binder and Fabric Placement Applying asphalt binder and placing geosynthetic pavement interlayer shall be made only under the following conditions: • the ambient air temperature is above 50°F and rising, and • The existing pavement is dry and pavement temperature is 40°F and rising Before placing the geosynthetic pavement interlayer, an asphalt binder shall be applied to the surface to receive the geosynthetic pavement interlayer. The binder shall be Grade PG 70- 10 paving asphalt conforming to Section 92, "Asphalts," of the Standard Specifications and 132 these s�ecial provisions. The liquid asphalt shall be spread at an approximate rate of 2.10 lbs./yd (equivalent to 0.25 gal/yd2 at 60° F). When the entire pavement surface is cold-planed and not pre-coated as described elsewhere in these special provisions, the binder shall be spread. at the approximate rate of 2.52 lbs/yd2 (equivalent to 0.30 gal/yd2 at 60° F). The volumetric spread rate shall be adjusted to provide the specified mass spread rate using the conversion table in Section 93, "Liquid Asphalts," of the Standard Specifications for the temperature of the liquid asphalt measured at the distributor truck spray bar. The exact rate sufficient to saturate the fabric will be determined by the Engineer based on the existing pavement surface condition, the fabric asphalt retention value, and the actual asphalt density at spray temperature. No reduction in spread rate shall be allowed for the sole purpose of minimizing fabric pickup by subsequent construction equipment. The binder shall be applied to a width equal to the width of the geosynthetic pavement interlayer mat plus 4 inches on each side. The geosynthetic pavement interlayer shall be placed with the heat-treated (smooth) side up. The equipment for placing the geosynthetic pavement interlayer shall be mechanical, capable of handling full rolls of geosynthetic pavement interlayer, tensioning bars and full width brooms properly, adjusted to initially seat the fabric and remove bubbles. The fabric shall be placed into the asphaltic binder with a minimum of wrinkles. Large wrinkles (1" and larger) shall be slit and lapped in the direction of paving. Burning or torching of wrinkles will not be allowed. The fabric shall overlap two to four inches at the longitudinal joints and no more than two inches at the transverse joints. No joints shall be lapped with more than two layers of fabric. Transverse joints shall be shingled in the direction of the paving. At interlayer overlaps, apply asphalt binder on the lower interlayer the same overlap distance as the upper interlayer. The contractor shall control the temperature of the asphalt binder in the distributor truck such that it does not cause damage to the geosynthetic pavement interlayer due to high binder temperatures at time of fabric placement. If the geosynthetic pavement interlayer width shrinks in excess of 3%, the temperatures of the asphalt binder shall be considered excessive. (In no case shall the fabric shrinkage cause longitudinal fabric overlaps to be less than 2 inches.) Should this occur,. the contractor shall immediately cease operations and make necessary adjustments as approved by the Engineer before resuming operations. The contractor's options are to place the liquid asphalt binder at a lower temperature or use separate equipment to place the. geosynthetic pavement interlayer a sufficient distance behind the distributor truck to allow the binder to cool on grade prior to fabric placement. When using separate equipment for placing the geosynthetic pavement interlayer, it shall be mechanized and disconnected from the liquid asphalt binder distributor truck. It shall be capable of handling full rolls .of geosynthetic pavement interlayer, shall have an adjustable tension bar, and shall have full roll width brooms to initially seat geosynthetic pavement interlayer and remove air bubbles. Final seating (bonding) of the geosynthetic pavement interlayer with the existing pavement and to smooth out any wrinkles shall be accomplished by one full coverage of fabric with a pneumatic roller. 133 PAYMENT Full compensation for asphalt binder shall be considered as included in the contract price paid per square yard for geosynthetic pavement interlayer and no separate payment will be made therefor. Full compensation for applying the additional asphalt binder on existing cold-planed asphalt concrete surfaces shall be considered as included in the various contract prices paid for cold-planing asphalt concrete and no additional compensation will be allowed therefor. Full compensation for applying light tack coat of SS-1 emulsion and sanding newly repaired and leveled asphalt concrete areas shall be considered as included in the contract prices paid for various items.of work and no additional compensation will be allowed therefor. Full compensation for cleaning and sealing all cracks larger than %4 inch shall be considered as included in the contract prices paid for various items of work and no separate payment will be made therefor. HMA leveling as directed by the Engineer will be measured and paid for as HMA. Full compensation for pneumatic rolling of geosynthetic pavement interlayer, when required elsewhere in these special provisions, shall be considered as included in the contract price paid per square yard for geosynthetic pavement interlayer and no additional compensation will be allowed therefor. 10-1.16 BASE FAILURE REPAIR This work shall consist of removing existing asphalt concrete pavement and underlying . base rock and replacing the removed roadway section with new hot mix asphalt as shown on the plans and in accordance with Section 39, "Hot Mix Asphalt," of the Standard Specifications and these special provisions. The exact limits of roadway section to be removed and replaced will be determined by the Engineer. Existing roadway section removed during a work period shall be replaced before the time the lane is to be opened to public traffic as designated in "Maintaining Traffic" of these special provisions. The roadway section to be removed may be ground with a milling machine capable of cutting to a neat line. The roadway section shall be removed without damage to pavement that is to remain in.place. Damage to pavement which is to remain in place shall be repaired to a condition satisfactory to the Engineer, or the damaged pavement shall be removed and replaced with new hot mix asphalt if ordered by the Engineer. Repairing or removing and replacing pavement damaged outside the limits of pavement to be reconstructed shall be at the Contractor's expense. Removed materials shall be disposed of outside the highway right of way in accordance with the provisions in Section 7-1.13 of the Standard Specifications. Disturbance of materials to be left in place shall be kept to a minimum during removal or roadway sections. The material remaining in place, after removing failed pavement and base rock to the required depth, shall be graded to a plane, watered, and thoroughly compacted. The finished surface of the remaining material shall not extend above the grade established by the Engineer. The minimum depth of roadway section to be removed shall be not less.than the depths prescribed by the base failure repair detail on the plans. Areas where the grade is low as a result of over excavation shall be filled, at the Contractor's expense,with hot mix asphalt. Hot mix asphalt shall conform to the provisions for hot mix asphalt in "Hot Mix Asphalt"of these special provisions except for payment. 134 A paint binder (tack coat) of asphalt emulsion shall be furnished and applied to all vertical surfaces of the base failure repair. The quantity of base failure repair to be paid for will be measured by the square yard. The area to be paid for will be calculated on the basis of the dimensions laid out in the field by the Engineer. The contract price paid per square yard for base failure repair shall include full compensation for furnishing all labor, materials (including hot mix asphalt and asphalt emulsion as paint binder), tools, equipment, and incidentals for doing all the work involved in base failure repair, including roadway excavation, traffic control and recompacting underlying base rock, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. 10-1.17 FURNISH SIGN Signs shall be fabricated and furnished in conformance with the provisions in Section'56, "Signs," of the Standard Specifications, the details shown on the plans, the Traffic Sign Specifications, and these special provisions. Traffic Sign Specifications for California sign codes are available for review at: http://www.dot.ca.gov/hq/traffops/signtecblsigndel/spees.htm Traffic Sign Specifications for signs referenced with Federal MUTCD sign codes can be found in Standard Highway Signs Book, administered by the Federal Highway Administration, which is available for review at: http://mutcd.fhwa.dot.gov/ser-shs—millennium.htm Information on cross-referencing California sign codes with the Federal -MUTCD sign codes is available at: http://www.dot.ca.gov/hq/traffops/signtech/signdet/specs.htm Temporary or permanent signs shall be free . from blemishes that may affect the serviceability and detract from the general sign color.and appearance when viewing during daytime and nighttime from a distance of 25 feet. The face of each finished sign shall be uniform, flat, smooth, and free of defects, scratches, wrinkles, gel, hard spots, streaks, extrusion marks, and air bubbles. The front, back, and edges of the sign panels shall be free of router chatter marks, burns, sharp edges, loose rivets, delaminated skins, excessive adhesive over spray and aluminum marks. 10-1.18 REINFORCED CONCRETE PIPE Reinforced concrete pipe shall conform to the provisions in Section 65, "Reinforced Concrete Pipe," of the Standard Specifications and these special provisions. Except as otherwise designated by classification on the plans or in the specifications,joints for culvert and drainage pipes shall conform to the plans or specifications for standard joints. When solid rock or other unyielding material is encountered at the planned elevation of the bottom of the bedding, the material below the bottom of the bedding shall be removed to a depth of 1/50 of the.height of the embankment over the top of the culvert, but not less than 6 inches not more than 12 inches. The resulting trench below the bottom of the bedding shall 135 be backfilled with structure backfill material in conformance with the provisions in Section 19-3.06, "Structure Backfill," of the Standard Specifications. The excavation and backfill below the planned elevation of the bottom of the bedding will be paid for as extra work as provided in Section 4-1.03D, "Extra Work," of the Standard Specifications. 10-1.19 MONUMENTS Survey monuments shall be constructed in conformance with the provisions in Section 81, "Monuments," of the Standard Specifications and these special provisions. Concrete shall be Class 2 or minor concrete at the option of the Contractor. The cast steel and gray cast iron frames and covers, including hardware, shall conform to the provisions in Section 55-2, "Materials," of the Standard Specifications. 10-1.20 TRAFFIC STRIPES AND PAVEMENT MARKINGS Thermoplastic traffic stripes (traffic lines) and pavement markings shall be applied in conformance with the provisions in Section 84, "Traffic Stripes and Pavement Markings," of the Standard Specifications and these special provisions. Thermoplastic striping shall not be applied using hand cart methods. The first paragraph of Section 84-2.05, "Measurement," of the Standard Specifications is amended to read: Thermoplastic traffic stripes will be measured by the linear foot of traffic detail, without deductions for gaps in broken traffic stripes, regardless of the number of individual stripes comprising the detail (e.g. Detail 29 placed between Station 1+00 and Station 2+00 will be measured as 100 linear feet even though it consists of 400 linearfeet of stripe). Thermoplastic material shall be free of lead and chromium, and shall conform to the requirements in State Specification PTH-02ALKYD. Retroreflectivity of the thermoplastic traffic stripes and pavement markings shall conform to the requirements in ASTM Designation: D 6359-99. White thermoplastic traffic stripes and pavement markings shall have a minimum initial retroreflectivity of 250 mcd M-2 lx-1. Yellow thermoplastic traffic stripes and pavement markings shall have a minimum initial retroreflectivity of 150 mcd M-2 lx-1. Where striping joins existing striping, as shown on the plans, the Contractor shall begin and end the transition from the existing striping pattern into or from the new striping pattern a sufficient distance to ensure continuity of the striping pattern. Thermoplastic traffic stripes shall be applied at the minimum thickness and application rate as specified below. The minimum application rate is based on a solid stripe of 4 inches in width. Minimum Application Rate (inch) I (lb/ft) 0.079 1 0.27 Thermoplastic traffic stripes and pavement markings shall be free of runs, bubbles, craters, drag marks, stretch marks, and debris. At the option of the .Contractor, permanent traffic striping and pavement marking tape conforming to the provisions in "Prequalified and Tested Signing and Delineation Materials" 136 of these special provisions may be placed instead of the thermoplastic traffic stripes and pavement markings specified herein. Permanent tape, if used, shall be installed in conformance with the manufacturer's specifications. If permanent tape is placed instead of thermoplastic traffic stripes and pavement markings, the tape will be measured and paid for by the linear foot as thermoplastic traffic stripe and by the,square foot as thermoplastic pavement marking. Section 84-2.06, "Payment," of the Standard Specifications is amended to read: The contract prices paid per linear foot for thermoplastic stripe details and per square foot for thermoplastic pavement markings designated in the Engineer's Estimate shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in applying thermoplastic traffic stripes, pavement markings and pavement markers, complete in place, including alignment for stripes and layout work, as shown on the plans, as specified in these specifications and the special provisions, and as directed by the Engineer. 137 1� ���{�� YY 13$ ENCROACHMENT PERMIT APPLICATION STREET RIGHT-OF-WAY CRY of Department of Public Services- i80 Engineering Division 1401 Marina Way South Richmond, CA 94804 Tel: 510-307-8091 Fax: 510-307-8116 TODAY'S DATE: STREET CUT BOND: YES_NO LOCATION OF PROPOSED WORK. DESCRIPTION OF PROPOSED WORK.- ATTACH ORKATTACH FOUR(4)COPIES OF DESCRIPTIVE MAPS OR PLANS ESTIMATED BEGINNING DATE: ..ESTIMATED ENDING DATE: Permit holder agrees to comply with the conditions of the General Permit pursuant to this application and with provisions of all applicable laws, codes and ordinances. Permit holder also agrees, at no expense to the City, to clean up and legally dispose of any materials/wastes(hazardous/non-hazardous)that may be generated by or discharged'to the environment by said permit holder. Permit holder further agrees to save,indemnify and keep harmless, the City of Richmond and its officers,.employees and agents against all liabilities,judgments, costs and expenses which may in any manner, accrue against the City in consequence of the granting of a permit or from the use or occupancy of street right-of-way, or other property of virtue thereof. APPLICANT NAME: ADDRESS: CITY/S(/ZIP: _ TELPHONE#: CELLULAR #: FAX #: STATE CONTRACTORS LICENSE NO.: CITY BUSINESS LICENSE NO.: PERMIT FEE: BOND FEE: $ PRINT YOURPAME: SIGNATURE OF APPLICANT: o� City of Richmond Engineering Division 1401 Marina Way.South. Richmond,CA 94804 Phone(510)307-8091 /Fax(510)307-8116 Encroachment Permit Conditions EP# Location: Company: Applicant's Name: ANYEXI'IRED PERMIT WILL RFQUIREA NEW ENCROACHMENT PERMIT GENERAL CONDITIONS 1. Work shall be done in accordance with the City's standard specifications and plans. 2. Provide AC Transit with information for re-route. (510)891-4839 or(510)891-4734 3. No parking signs must be.installed 24 hours in advance. 4. Replace broken or damaged curb,gutter and/or sidewalk per standard specifications for concrete work. Replace sidewalk by sawcutting at the nearest joint. Note: All sidewalk work outside the encroachment permit area requires a sidewalk permit. 5. Traffic control must be in place prior to start of work. No traffic cones are to.be left overnight. Barricades with flashers are to be used. 6. No lane closures are permitted when it is raining or when the roads are slick.' 7. WEEKEND OR HOLIDAY work requires two working days written notice for approval;hours are between 8:30 a.m.and 6 p.m. 8. WEEKDAYS construction activities shall be limited between the hours of 7:00 a.m.and 7:00 p:m. 9. Driveways(business,apartments,homes,.side streets)must not be closed but are to have access.at all times. 10. Applicant is responsible for replacing any damaged traffic loops during construction. 24 hour replacement requirement on vehicle detection loops and repair of street lighting and traffic signals. 11. Replace all damaged striping and traffic markers. 12. All trench plates shall be flush mounted with a non-skid surface and must be tac welded. 13. Backfill and replace A/C paving per standard specifications for utility-trenches(green book). 14. Finished ground around work area should be smooth without tripping hazards. 15. Use Best Management Practices(BMP)to comply with the City of Richmond Stormwater Management Discharge and Control . Ordinance. Construction activities,including trenching and pavement repair work will be limited when rain js forecasted within five days. Supply a recovery system for saw cut waste and sweep all streets daily. ...16.::Potholing is recommended at all utility.crossings regardless of size and type of facility. However,potholing shall be.performed at all utility crossings with water lines 12"or larger in diameter,gas lines 4"or larger,sewer lines 8"or larger,storm drain lines 30"or larger,electrical lines of l l0v or larger along with other high risk utilities. All potholing shall be within the trench line. Furthermore, on.all arterial and collector streets utilities shall be potholed by a non-destructive method. All destructive potholing sites shall be backfilled per City Standard. 17. Report all utility line breaks to the Public Services Department at(510)307-8091 as well as the utility company. 18. All streets that have had pavement restorations,rehabilitation slurry seals or reconstructive work performed on them within the last five years shall be resurfaced from lane line to lane line or beyond as directed by the Engineering Division(e.g.the whole cul-de-sac). All pavement striping,legends and markers shall be replaced in kind. In case of slurry seal the aggregate for the required latex emulsified asphalt slurry seal(QT-QC)shall consist of Table Mountain or other rock similar in color and nature(Black)to match the existing. 19. Issuance of the encroachment permit for this construction shall constitute a Notice to Proceed as required in the Franchise Agreement. 20. Applicant must call the Engineering Division Inspector to request an open trench inspection prior to backfilling. 21. Door hanger notice shall be distributed no sooner than 72 hours and no later than 24 hours. 22. Contact the Engineering Division at(510).307-8091 or call the City Inspector 48 hours prior to the start of construction. 23. The Applicant shall designate in writing before starting work,an authorized representative who shall have the authority to represent and act for the Applicant. Failure of the authorized representative to be present at the jobsite at all times when work is in progress will be considered as failure on the part of the Applicant to provide adequate supervision and work will be suspended until a representative is present. Pagel of 2 EP# 24. All utility markings and construction signs are to be removed when project is completed. 25. Whenever multiple trenches are dug for laterals,the area within 10 feet of one lateral to the other should be ground and repaved. Asphalt section must match existing,but not less than 6"aggregrate base and 2"AC. 26. T-cut of 12"on all sides of trench is required. Sawcuts are to be in straight lines and overcut should be properly sealed at corners. 27. Whenever a trench line is within 6 feet of gutterlip a repaving to gutterlip is required. 28. Pavement condition index will guide the necessity of rehabilitation of pavement..Contact the Engineering Division at(510)307-8091 . for information on P.C.I. 29. Additional conditions will apply for streets above 75 P.C.I. 30. Contact USA North two(2)working days before digging. 1-800-227-2600 SPECIAL CONDITIONS ❑ Obtain permit from Richmond Fire Department(510)307=8031. ❑ Demolished curb returns must be replaced with a handicap ramp as per City Standard Plans. ❑ Traffic control must be in place prior to start of work. No traffic cones are to be left overnight. Barricadeswith flashers are to be used.Plan must comply with the most current Caltrans Traffic Controls for Construction and Maintenance Work Zones. ❑ Provide a detailed traffic control plan for each stage of construction for Engineering review and approval. A person who is certified by ITS,ATSSAD,State Dept.of Transportation(Caltrans)for operation of work zone traffic control shall prepare the traffic control plan. The traffic control plan shall be submitted two weeks prior to work. ❑ Traffic control plan must be signed off by both Police Dept.(510)620-6675 and Fire Dept.(510)307-8031. ❑ Approvals from County Health Department must be obtained prior to start of work. (925)646-5225 ❑ Soil testing reports must be submitted to the Engineering Department prior to backfilling. ❑ Install signs to tell pedestrians that the sidewalk is closed and direct them to use crosswalk. ❑ Comply with Bay Area Air Quality Management District,Federal Clean Air Act and.State of California Air Quality Standard. ❑ Comply with California Public Utilities Commission General Order 95 and General Order 128. ❑ Install cleanouts as per City Standard Plans. .❑ Contact West County Sewer District(WCSD)for line location and provide copy of their permit. (510)222-6700 ❑ Contact Stege Sanitary District for line location and provide copy of their permit. (510) 524-4668 ❑ Applicant shall submit a detailed soil erosion and sedimentation control plan to protect existing and proposed drainage. ❑ Newly paved street—see attached handout for trench and street paving requirements. ❑ Need to update City Business License—see cashier(51.0)620-6738;bring copy or fax to Engineering(510)307-8116 APPLICANT'S SIGNATURE DATE Page 2 of 2 OEMContra Costa County - C Public Works Julia R. Bueren, Director Deputy Directors D e n d r t m e ri t R. Mitch Avalon. Brian M. Balbas r Stephen Kowalewski• Patricia McNamee July 30, 2008 RECEIVED VIA WILL CALL JUL 3l 2008 CLERK BOARD OF SUPERVISORS Mr. Mark Hazen ' CONTRA COSTA Co. MCK Services, Inc. 865 Howe Road, Suite B Martinez, CA 94553 Project Name: Goodrick Avenue Rehabilitation and Widening Project No. 0662-6R4250-08 Dear Mr. Hazen: Enclosed is your copy of the approved contract for the Goodrick Avenue Rehabilitation and Widening Project No. 0662-6R4250-08. This is your Notice to Proceed as set forth in Section 4 of the project "Notice to Contractors and Special Provisions." The first chargeable working day shall be August 4, 2008. The Resident Engineer assigned to this project is Susan Estes, who may be reached at (925) 595-6007 or the County office at (925) 313-2320. Sincerely, t�L Kevin E ig Assistant Public Works Director Construction Division KE:jd:kg G:\CONST\PROJECTS&MISC\2008\GOODRICK AVENUE REHABILITATION AND WIDENING\NOTICE TO PROCEED.DOC enclosure: contract c: S. Estes, Resident Engineer 3. Dowling, Construction Survey Section Materials and Testing Division Maintenance P. Denison, Finance w/copy of Contract, W-9, Insurance, Outreach package Clerk of the Board, w/copy of Contract, Bonds and Insurance(originals) Auditor-Controller, w/copy of Contract 'Accredited by the American Public Works Association" 255 Glacier Drive Martinez,CA 94553-4825 TEL: (925)313-2000• FAX: (925)313-2333 www.cccpublicworks.org V CONTRACT(Page 1 of4) (Contra Costa County Standard Form Construction Agreement) 1.SPECIAL TERMS. These special terms are incorporated below by reference. (See Secs.2,3) Parties: Public Agency-- Contra Costa County Contractor-- MCK Services, Inc. Use complete legal name of Contractor. Effective'Date: June 3, 2008 (see Section 4 for starting date.) (See See.3) Project Name Goodrick Avenue Rehabilitation and Widening Project No. 0662-6R4250-08 located Y in the Richmond area The work consists of.pavement widening, base failure repairs and a hot mix asphalt overila including_drainage improvements and roadway striping all in accordance with the Plans, Drawings,Special Provisions and/or Specifications prepared by or for the Public Works Director and in accordance with the accepted Bid Proposal. (See Sec.4) Completion Time: Within 35 workingdays frorn-starting date. (See Sec.5) Liquidated Damages: S $1,...800.00 ' per calendar day. (See Sec:6) Public Agency's Agent:' Public Works Director (See Sec.7) Contract Price: S. $323,290.60 more or, ss, in accordance with finished quantities at unit bid prices. 2.SIGNATURES&ACKNOWLEDGEMENT. `Public Agency,Agency,By: h' Julia R. en, o Public Works Director Contractor,hereby also certifyin aware ess f and compliance with Labor Code Sections 1861 and 3700 concerning Workers'Compensation Law, By: Official Capacity: P rel,'l I�I (si tune) /j (fill' By: Official Capacity: ('si ure) 1 (fill in) Note to Contractor: For corporations,the contract must be signed by two officers. The firs[signature must be that of the chairman of the board, president or vice president;the second signature must be that of the secretary,assistant secretary,chief financial officer or assistant treasurer. (Civil Code,Section 1190 and Corporations Code,Section 313.) The acknowledgment below must be signed by a Notary Public. I CERTIFICATE OF ACKNOWLEDGMENT State of califo is ) Dhl G� CnS-f ) County of ) ss: On J14 kIZ /3 2.002 before me, the undersigned notary public,personally appeared Mmek i lA who proved to me on the basis of satisfactory evidence to be the person%J whose names is/aw subscribed to the within instrument and acknowledged to me that he/slte/tlKy executed the same in his/h,66-4ir authorized capacity(i-s),and that by hisAwrAi;Cir signature(*)on the instrument the persorV,or the entity upon behalf of which the person(acted,executed the instrument. I certify under PENALTY OF PERJURY under the laws,of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. NANCY JACKSON Commission#1583456 ' Notary Public-California : Contra Costa County My Comm.Expires May 29,2009 � I 3.WORK CONTRACT,CHANGES. (a) By their signatures in Section 2,effective on the above date,these parties promise and agree as set forth in this contract,incorporating by these references the material in Section 1,SPECIAL TERMS. (b) Contractor shall,at his own cost and expense,and in a workmanlike manner,fully and faithfully perform and complete the work;and will furnish all materials, labor, services and transportation necessary, convenient and proper in order fairly to perform the requirements of this contract, all strictly in accordance with the Public Agency's plans,drawings and specifications and in accordance with the accepted bid proposal. (c) The work can be changed only with Public Agency's prior written order specifying such change and its cost agreed to by the parties; and the Public Agency shall never have to pay more than specified in Section 7,PAYMENT,without such an order. 4.TIME; NOTICE TO PROCEED. Contractor shall start this work as directed in the specifications or the Notice to Proceed; and shall complete it as specified in Section 1,SPECIAL"PERMS. 5.LIQUIDATED DAMAGES. If-the Contractor fails to complete this contract and this work within the time fixed therefor, allowance being made for contingencies as provided herein,he becomes liable to the Public Agency for all its loss and damage therefrom;and because,from the nature of the case,it is and will be impracticable and extremely difficult to ascertain-and fix the Public Agency's actual damage from any delay in performance hereof,it is agreed that Contractor will pay as liquidated damages to the Public Agency the reasonable sum specified in Section 1, SPECIAL TERiMS, 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,' aid,Public Agency may,in addition to its other remedies,deduct the same from any money due or to become due Contractor under this contract. If the Public Agency for any cause authorizes or contributes to a delay,suspension of work or extension of time, its duration shall be added to the time allowed for completion,but it shall not be deemed a waiver nor be used to defeat any right of the'Agency to damages for non-completion or delay hereunder. Pursuant to Government Code Section 4215,the Contractor shall not be assessed liquidated damages for delay in completion of the work,when such delay was caused by the failure of the Public Agency or the owner of a utility to provide for removal or relocation of existing utility facilities. 6.INTEGRATED DOCUMENTS. The plans, drawings and specifications or special provisions of the Public Agency's call forbids, and Contractor's accepted bid for this work are hereby incorporated into this contract;and they are intended to cooperate,so that anything exhibited in the'plans or drawings and not mentioned in the specifications or special provisions,or vice versa,is to be executed as if exhibited,mentioned and set forth in both,to the true intent and meaning thereof when taken all.together; and differences of opinion concerning these shall be finally determined by Public Agency's Agent specified in Section 1,SPECIAL TERNIS. T PAYMENT. (a) For his strict and literal fulfillment of these promises and conditions,and as full compensation for all this work,the Public Agency shall pay the Contractor the sum specified in Section 1,SPECIAL TERb7S,except that-in unit price contracts that payment shall be for finished quantities at unit bid prices. (b) ,On or about the first of each calendar month, the Contractor shall be paid for all work done through the'15th of the preceding calendar month,as determined by Public Agency, minus 10% thereof pursuant to Public Contract Code Section 9203, but not until defective work and materials have been removed,replaced,and made good. 8.PAYMENTS WITHHELD. (a) The Public Agency or its Agent may withhold any payment,or because of.la.ter,discovered evidence nullify all or any certificate for payment,to Such extent and period of time only as may be necessary to protect the Public Agency from loss because of-. (1) Defective work not remedied,or uncompleted work,or (2) Claims filed or reasonable evidence indicating probable filing,or. (3) Failure to properly pay subcontractors or for material or labor,or (4) Reasonable doubt that the work can be completed for the balance then unpaid,or (5) Damage to another contractor,or (6) Damage to the Public Agency,other than damage due to delays. (b) The Public Agency shall use reasonable diligence to discover and report to the Contractor,as the work progresses,the materials and labor which are not satisfactory to it,so as to avoid unnecessary trouble or cost to the Contractor in making good any defective work or parts. (c) 35 calendar days after the Public Agency files its notice of completion.of the entire work,it shall issue a certificate to the Contractor and pay the balance of the contract price after deducting all amounts withheld under this contract,provided the contractor shows that all claims for labor and materials have been paid,no claims have been presented to the Public Agency based on acts or omissions of the Contractor,and no liens or withhold notices have been filed against the work or site, and provided there are not reasonable indications of defective or missing1 work or of late-recorded notices of liens or claims against Contractor. 9. INSURANCE. (Labor Code Secs. 1860-61) On signing this contract,Contractor must give Public Agency (1) a certificate of consent to self- insure issued by the Director of Industrial Relations,or (2) a certificate of Workers'Compensation insurance issued by an admitted insurer,or (3) an exact copy of duplicate thereof certified by the Director or the insurer. Contractor is aware of and complies with Labor Code Section 3700'.and the Workers' Compensation Law. 10. BONDS. On'signing this contract Contractor shall deliver to Public Agency for approval good and sufficient bonds with sureties,in amount(s) specified in the specifications or special provisions, guaranteeing his faithful performance of this contract and his payment for all labor and materials hereunder. . i CONTRACT(Page 2 of 4) i S if. FAILURE TO PERFORM. If the Contractor at any time refuses or neglects;without fault of the Public Agency or its agent(s),to supply sufficient materials or workmen to complete this agreement and work as provided herein, for a period of 10 days or more after written notice thereof by the Public Agency,the Public Agency may furnish same and deduct the reasonable expenses thereof from the contract price. 12. LAWS APPLY. General. Both parties recognize the applicability ofvarious federal,state,and local laws and regulations,especially Chapter 1 of Part 7 of Division 2 of the Labor Code(beginning with Section 1720,and including Sections 1735, 1777.5,and 1777.6 forbidding.discrimination) The parties specifically stipulate that the relevant penalties and forfeitures provide in the Labor Code,especially in Sections 1775 and 1813 concerning prevailing wages and hours,as well as Section 1776 concerning certified payroll records,shall apply to this agreement. 13. SUBCONTRACTORS. Public Contract Code Sections 4100-4114 are incorporated herein. 14. WAGE RATES. (a) Pursuant to Labor Code Section 1773,the Director of the Department of Industrial Relations has ascertained the general prevailing rates of wages per diem,and for holiday and overtime work,in the locality in which this work is to be performed,for each craft,classification,or type of workman needed to execute this contract,and said rates are as specified in die call for bids for this work and are on file with the Public Agency,and are hereby incorporated herein. (b) This schedule of wages is based on a working day 9f.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,.musf.pay at least these rates to all persons of this work,including all travel,subsistence,and fringe benefit payments provided for by applicable collective bargain ing.agreements. All skilled labor not listed above must be paid at least the wage scale established by collective bargaining agreement for such labor in the locality where such work is being performed. If it becomes necessary for the Contractor or any subcontractor to employ any person in a craft, classification'or type of work (except executive, supervisory, administrative, clerical or other non-manual workers as such)for which no minimum wage rate is specified,the Contractor shall immediately notify the Public Agency which shall apply from the time of the initial employment of the person affected and during the continuance of such employment. 15. HOURS OF LABOR. Eight hours of labor in one calendar day constitutes a legal day's work,and no workman employed at any time on this work by the Contractor or by any subcontractor shall be required or permitted to work..longer thereon except as provided in Labor Code Sections 1810-1815. 16. APPRENTICES. Properly indentured apprentices may be employed on this work in accordance with Labor Code Sections 1777.5 and 1777.6, forbidding discrimination. 17. DESIRE TO PROMOTE ECONOMY OF CONTRA COSTA. The Public Agency desires to promote the industries and economy of Contra Costa county,and the Contractor therefore is encouraged to use the products,workmen,laborers and mechanics of this County in every case where the price,fitness and quality are equal. 18. ASSIGNMENT. The agreement binds the heirs,successors,assigns,and representatives of the Contractor;but he cannot assign it in whole or in part,nor any monies due or to become due under it,without the prior written consent of the Publie Agency and the Contractor's surety or sureties,unless they have waived notice of assignment. 19. NO WAIVER BY PUBLIC AGENCY. Inspection of the work and/or materials,or approval of work and/or materials inspected,or statement by any officer, agent or employee of the Public Agency indicating the'work or any part thereof complies with the requirements of payments therefor,or any combination of these acts, shall not relieve the Contractor of his obligation to fulfill:this contract as prescribed; nor shall the Public Agency be thereby estopped_from bringing any action for damages or enforcement arising from the failure to comply with any of the terms and conditions hereof. 20. +TOLD HARMLESS&INDEMNIFICATION (a) Contractor promises to and shall defend,indemnify,save,and hold harmless the indemnitees from the liabilities as defined in this section. (b) The indemnitees benefitted 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 Section 6 of the Special Provisions. (c) The liabilities protected against are any and all claims,demands,causes of action;damages,costs,expenses,actual attorneys' fees,losses,or liabilities arising out of or in connection with the actions defined below for personal injury, sickness, disease, emotional injury, death,property damage(including loss of use),trespass,nuisance,inverse condemnation,patent infringement,or any combination of these,regardless of whether or not such liability, claim, or damage was foreseeable at any time before the Public Agency approved the improvement plans or accepted the improvements as completed,and including the defense of any suit(s)or action(s)at law or equity concerning these. (d) The actions causing liability are any act or omission (negligent or non-negligent)in connection with the matters covered'by this contract and attributable to the Contractor,subcontractor(s),supplier(s),trucker(s),anyone for whose acts the Contractor may be liable,or any officer(s),agent(s) or employee(s)of one or more of them. (e) 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 or has insurance-or other indemnification covering any of these matters. (f) Except as prohibited by Civil Code Section 2782,the Contractor's obligations under this section shall exist regardless of the existence or degree of fault of the Public Agency or any indemnitee. CONTRACT(Page 3 of 4) (g) The Contractor's obligations under this section shall extend to claims arising after the work is completed and accepted if the claims are related to alleged acts or omissions that occurred during the course of the work. Public Agency's inspection is not a waiver of full compliance with these requirements. (h) The Contractor and the Contractor's insurance carrier(s)shall respond within 15 days to the tender of any claim for defense and indemnity by the Public Agency,unless this time has been extended by the Public Agency. (1) With respect to third-party claims against the Contractor,the Contractor waives all rights of any kind to express or implied indemnity against the indemnitees. (j) Nothing in this section is intended to establish a standard of care owed to any third party or to extend to any'third party the status of a third-party beneficiary. 21. EXCAVATION. ,Contractor shall comply with the provisions of Labor Code Section 6705, if applicable, by submitting to Public Agency a detailed plan showing the design of shoring,bracing,sloping,or other provisions to be made for worker protection from the hazard of caving ground during trench excavation. 22. RECORD RETENTION. Except for records delivered.to Public Agency, Contractor shall retain, for a period of at least five years after Contractor's receipt of the final payment under this ntract, all records prepared in the performance of this contract or otherwise pertaining to the work, including without limitation bidding,financial and paycoroll records. Upon request by Public Agency,Contractor shall make such records available to Public Agency,or to authorized representatives of the state and federal governments,at no.additional charge and withoutrestriction or limitation on their use. 23 . CONFLICT WITH BID. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this contract and the bid or proposal of said Contractor,then this contract shall control and nothing herein shall be considered as an acceptance of said terms of said proposal conflicting herewith. 24. USE OF PRIVATE PROPERTY. Contractor shall not use private property for any purpose in connection with the work absent a prior,written agreement with the affected property owner(s). \tt FORM APPROVED by County Counsel. (CC-1;Rev.2-07) G:\Const\Projects&Misc\2008\Goodrick Avenue Rehabilitation and Widening\CONTRACT-MCK.docx 1 CONTRACT(Page 4 of 4) i • u PZRPA/MWMM B[ft!i>1l-RUBUCWORa 191MM.47,,r64qM21 Any claim a Mkt 6h dMIA bS at sett#2480 KNOW ALLBYTHM P1 EWM: HIM Services, I=. tit>ratp�d, mtd eLp a oocporstioa opnind and e.8 the k aftlte State of t ._.,,. ' s�tti°A Ob in tha� � 1 R0 6 ziowy of the Llnised Stator of AMaictt hi the peymW of wbich m=wtdl aamd U*to be mak we bind rrs,oau heirn,executors,adttaiaietratcas,suoaeataas aad assigns,joiat�►and seve=p�►,fum1Y tsySteeapresestta. - • THE COND1TM of the above-.8 is no*end,whereas the PrlaX#W baa �a ' oottttact dsMd � 3, 2008 with the Obftft tv do scall+p� the *-UOW*&WOZ16, Goodrick Avenue Rehabilitation and Widening-Project No. 0662-6R4250-08 as 13 mots spWfia lly spot forth in the oMt ld doc=esttts,Mh=M to w%Ch is hatt-v made. NOW ORES, if the Principal shah well m d truly peal'om an tip m9 ' Of mid doo required to be pa6amas 1 on its part,at the times aind in Qts specifiai them i%that this obligationt sha11 be nnit and void►otherwise it"Mnain in Hill faros oUML PROMM.that mv alternations in the work to be dome or the metaials to be f�laashod. CbMW in the fte of oempletian,wlkb may be=do paw to the trams of raid eontrad • *A M in any way Mean the Principal of the Sw*thaada,nor shall my ext,easi of tame granted Mder tt ptvvitsi=of said a &WA charas a tat r&w either tha Principal ar Sway. and to doe of each dWratiow or oaGtec ions oftime is bamby wWvcd by the Swaty. PROVIDED,that if any action is commnax~ed on this bolsi by the Obligee,in add on110 the sum specified above.,the.P=*w9 the Surety,their hats.execatnu6 actmanisWxS, and assiglas,jointly and severally,shall be obligated to pay to the Obligor all costs, fees end other li*tlOtt expa:ses iuctmt d by the Oblipe itt t;olledmg=in due Mda the of this bond. SZGN>E?D AND SUM,Us_6t_day of "Zas i�008 (BEAL) (SEAL) u KZ Services, Inc. Fideld.ty and JWgi& C f Mt3l=d (SEAL AND AC,iZNO } OF NOTARY) it Fact Bond NO. "MA908921 f PAYbUM BOND—PUBLIC WORK 1 (Civil nods secs.3247-32+481 Boste PXFOSM921 Pre>ari'tUM Ync ed is FP Bond Any clWxtl tmdal' Bond sbould bescatto the Sa wing edcbM. 560 Mission Street#2400 San Francisco,CA 94105 KNtOW ALL.BY 1=J3 PRBSB M-- 7W wee, RM Services Inc �[ Fideli>nr and flepogit Cosomy of lana a oplized wd otiatingtmder the b"oftlte Stama of ad 04 ' ed to t Deaf W of CaHfixm*as Sexoty hei o f bound�r u� to ° U Obligee,in the sum.� siiac y. Do11a�{$ - ) tswfal money of the 1,vA d Shten of for 9w payiamaat of which aurin well ad Wy b be made, we bind omebm our gxw dml adml>uistttitx�rs,succeasots soxrd�i+��y and sev+Grally,�IYdh'tbd�e I=COI+IDI; M or ft above ohliga on is such that,whereas the PrincW entered hdo a malt darted .Tiwe_3, 7008 ,...�with the ObS pe to do 04F-f the JbUQV&g tD-Wit Goodrick Avenue Rehabilitation and Widening-Project No.0662-6R4250-08 as laf wort gser&ft set froth in the Dant imt docutww*ra£errnce to whish is bwr&y made. Now SORE,if the:Principal or a subcontractor ails to pay eW of the puns named in Section 3181 of the civic code,or amounts cafe under the unemployment bawAm Codo whh respM to work or labor peorilbrmed under the contract, or for soy to be deducted,withheld and paid ave to tho Employment DavetopWgrit Depatum atthe V49011of e>Itaaployoea of the Prima W and subcontractors plliawaat to Section 3mmrw of the VVIC nPloy►uent h wrtrnaae(;Ode,with wpact to such work amd labor,they it Pay for the same,in an amount not eacooding the sa um spoaiff ed in this b md,and also,in em In&is broaght q=this bond,a rens wlft anomaasy's fbe,to be fixed by the court. INS bald shall or-an to the,,bme it of any of the pm-wns nmw d it Section 3181 of%e Civic Code so as to give a rilgltt of achan to each pm ww or ftir es6gis incl any suit brought apo4 this bond. S ND ASrAUD.119M 6th . day o f ,lune 2008 (SEAL) MAL) l= Services, Inc. F:L ell Idw all.. nflaid (S13Ai,.AMID AMOWII GMMT DP NOTARY) Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by WILLIAM J.MILLS,Vice President,and ERIC D.BARNES,Assistant Secretary, in pursuance of authority granted by Article VI, Section 2,of the By-Laws of said Company, are set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date a des by nominate,constitute and appoint Stephanie WORDEN,David G.HARRIS,Jennifer E.DI erl AN,all of Walnut Creek,California, EACH its true and lawful agent and Atto ce 14 eliver,for,and on its behalf as surety,and as its act and deed: any and a Q ert t cution of such bonds or undertakings in pursuance of these prese 1 in ,as fully and amply,to all intents and purposes,as if they had been d � t ac h ularly elected officers of the Company at its office in Baltimore,Md., p per attorney revokes that issued on behalf of Carolyne EMERY, Stephanie WORDEo �A HARRIS,dated April 23,2003. The said Assistant �4 es e e certify that the extract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By-L s said Company,and is now in force. IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporate Seal of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 1st day of February, A.D.2007. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND *.D DEPpS1 r f ti IQ p c EA9Q ? By: Eric D.Barnes Assistant Secretary William J.Mills Vice President State of Maryland1 ss: City of Baltimore f On this 1 st day of February, A.D. 2007, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came WILLIAM J. MILLS, Vice President, and ERIC D. BARNES, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the.execution of the same, and being by me duly sworn, severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. Constance A.Dunn Notary Public My Commission Expires: July 14,2011 POA-F 016-6473 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the.Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attorney-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held on the 10th day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 6th day of June 2008 Assistant Secretary S' CALI F®RN=1A ALE PURP(�S;E � ICKN40"i /LEDG M EENT r , State of California County of Contra Costa On June 6, 2008 before me, Jennifer E. Dirking, Notary Public, personally , appeared David G. Harris who proved tome on the basis of satisfactory evidence to be the person. whose name s/a;ze�cribed to the within instrument and . acknowledged to me that ke/she ecu'Ited.the same in his,her-/thoT — e f « ey ex authorized capacity(' s), and that by hisA er it signature( on the instrument the person(s�or th entity'i'upon behalf of which the person acted, executed the instrument. , G I certify under PENALTY OFPERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. r . (seal) Signature JENNIFER E.DIRKING F commission ;, 1721618 _= Notary Public California Z � Contra Costa County Comm.Ex Ires Feb 4,2011 , r CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of � OJU''1/LPL J( ILV beforeme C� a � qatel , ��`�►✓l (vt� Date! - Here Insert Name and Title of the Officer W ' personally appeared perny a Ppd hName(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be the personN whose name`( is/axe subscribed to the within instrument and acknowledged to me that h'e/sNe/they executed the same in his/her/tfts�r authorized capacity(it4), and that by his/her/tiqeir signatureN on the instrument the personN, or the entity upon behalf of ICY�pCKsoNA56 which the person(N acted, executed the instrument. Comrnlsslon#1583 •"'" Public-C01110160NoiaN Costa County I certify under PENALTY OF PERJURY under the laws Z .�P contras `fesMCIV29,20� of the State of California that the foregoing paragraph is t�yCom� true and correct. , WITNESS m hand and offic' seal. .Place Notary Seal Above Signature - - Signature#VotaV Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document . and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Individual ❑ Individual ❑ Corporate Officer—Title(s): ❑Corporate Officer—Title(s): ❑ Partner—❑ Limited ❑ General _ _ ❑ Partner—❑ Limited ❑ General ❑ Attorney in Fact • ❑Attorney in'Fact Top of thumb here Top of thumb here El Trustee ❑Trustee ❑ Guardian or Conservator ❑ Guardian or Conservator ❑ Other: ❑Other: Signer Is Representing: Signer Is Representing: .©2007 National Notary Association•9350 De Soto Ave.,P.O.Box 2402-.Chatsworth,CA 91313-2402•www.NationaiNotaryorg Item#5907 Reorder:Call Toll-Free 1-800-876-6827 ACOR® TM CERTIFICA=TE OF LIABILITY INSURANCE Date PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION H:ffernan Insurance Brokers ONLY AND CONFERS NO RIGHTS UPON'fHE CERTIFICATE 1350 Carlback Ave.,Suite 200 HOLDER. THIS CERTIFICATE DOES NOT AMEND,EXTEND OR Walnut Creek,CA 94596 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Phone: 925-934-8500 Fax: 925-934-8278 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Travelers Property Casualty of America NICK Services,Inc. INSURER B: Travelers Indemnity Co.of Connecticut. PO Box 5697 INSURER C: Concord,CA 94524 INSURER D: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION.OF CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L POLICY EFFECTIVE POLICY EXPIRATION LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE MM1DOrlY) DATE(MMIDDIY LIMITS GENERAL LIABILITY - EACH OCCURRENCE $ 1,000,000 A X X COMMERCIAL GENERAL LIABILITY C03443M I48 05/20/08 05/20/09 DAMAGE TO RENTED $ 300 000 PREMISES Es.Occurrence CLAIMS MADE I X J OCCUR MED EXP(ANY ONE PERSON) - $ 55,000 X $5000 PD Ded PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG) $ 2,000,000 PR - POLICY X ECT LOC Emp.Ben $ 1'000'000 AUTOMOBILE LIABILITY ' COMBINED SINGLE LIMIT $ 1,000,000 A X ANY AUTO 8103443M 148 05/20/08 05/20/09 (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ . X HIRED AUTOS BODILY INJURY $ X NON-OWNEDAUTOS - (Peraccident) PROPERTY DAMAGE $ (Per Accident) GARAGE LIABILITY $ AUTO ONLY—EA ACCIDENT ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 5,000,000. •! A X OCCUR ❑ CLAIMS MADE CUP3443M148 05/20/08 05/20/09 AGGREGATE $ 5,000,000 $ DEDUCTIBLE $ X RETENTION$10,000 '$ WORKERS COMPENSATION AND WCSTATU- OTH- EMPLOYERS'LIABILITY X TORY LIMITS ER B ANY PROPIETOR/PARTNEWEXECUTIVE UB3443M 148 05/20/08 05/20/09 EL EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? EL DISEASE-POLICY LIMIT' $ 1,000,000 It yes,describe under SPECIAL PROVISIONS below EL DISEASE-EA EMPLOYEE $ 1,000,000 OTHER A EquMientFloeter QT6605441B645 05/20/08 05/20/09 Scheduled $1,325,403 Ded$1,000 Rented $100,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Project No.0662-684250-08;Goodrick Avenue Rehabilitation and Widening.Contra Costa County and their respective officers,agents,commissioners,employees, representatives,governing body,and volunteers are named as Additional Insured on General-Liability policy per the attached endorsement.Waiver of Subrogation applies to General Liability policy.*Except 10 days notice of cancellation for nonpayment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30'DAYS WRITTEN Contra Costa County NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL Public Works Department IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR Construction Division REPRESENTATIVES. 255 Glacier Drive AUTHORIZED REPRESENTATIVE Martinez,CA'94553 ACORD 25(2001108) @ACORB CORPORATION 1988 Policy: C03443M148 COMMERCIAL GENERAL LIABILITY . Effective: 5/20/2008 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (CONTRACTORS OPERATIONS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED—(Section,II) is amended c) The insurance provided to the additional in to include any person or organization that you sured does not apply to "bodily injury"-.or agree in a "written contract requiring Insurance" "property damage" caused by "your work" to include as an additional insured on this Cover- and included In the "products-completed op- age Part, but: erations hazard". a) Only with respect to liability for"bodily Injury", 3. The insurance provided to the additional insured. "property damage'or"personal injury";and by this endorsement is excess over any valid and b) If, and only to the extent that, the injury or collectible "other insurance", whether primary, damage Is caused by acts or omissions of excess, contingent or on any other basis, that is you or your subcontractor in the performance available to the additional insured for a loss we . of "your work" to which the "written contract cover under this endorsement. However, if the requiring insurance" applies. The person or "written contract requiring insurance" specifically organization does not qualify as an additional requires that this insurance apply on a primary. ,. insured with respect to the independent acts basis or a primary and non-contributory basis, or omissions of such person or organization. this Insurance is primary to "other insurance" available to the additional insured which covers 2. The insurance provided to the additional insured that by this endorsement is limited as follows: for such loss, arson or nd organization will nota sharenamwith that a) In the event that the Limits of Insurance of "other insurance". But the insurance provided to this Coverage Part shown in the Declarations the additional insured by this endorsement still is exceed the limits of liability required by the excess over any valid and collectible "other in- "written contract requiring Insurance% the in- surance", whether primary, excess, contingent or surance provided to the additional insured on any other basis, that is available to the add!- shall be limited to the limits of liability re- tonal insured when that person or organization is quired by that 'written contract requiring in- an additional insured under such "other insur- surance". This endorsement shall not in- ante". crease the limits of Insurance described In 4. As a condition of coverage provided to the Section III—Limits Of Insurance. additional insured by this endorsement:, b) The insurance provided to the additional in- a) The additional insured must give us written sured does not apply to "bodily injury","prop- notice as soon as practicable of an *occur- erty damage" or "personal injury" arising out rence" or an offense which may result in a of the rendering of, or failure to render, any claim. To the extent possible, such notice professional architectural, engineering or sur- should include: veying services,including: L Haw, when and where the "occurrence" 1. The preparing; approving, or failing to or offense took place; prepare or approve, maps, shop draw- ii. The names and addresses of any injured Ings, opinions, reports, surveys, field or- persons and witnesses;and ders or change orders, or the preparing, approving, or failing to prepare or ap- Iii. The nature and location of any injury or prove,drawings and specifications;and damage arising out of the"occurrence"or ii. Supervisory, inspection, architectural or offense. engineering activities.. CG D2 48 08 05 0 2005 The St.Paul Travelers Companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY b) If a claim is made or"suit" Is brought against ance provided to the additional insured by the additional insured, the additional insured this endorsement is primary to "other insur- must: ante" available to the additional insured L Immediately record the specifics of the which covers that person or organization as a claim or"suit"and the date received;and named insured as described in paragraph 3. above. ii. Notify us as soon as practicable. S. The following definition is added to.SECTION V. The additional insured must see to it that we —DEFINITIONS: receive written notice of the claim or"suit"as "Written contract requiring insurance" means soon as practicable, g that part of any written contract or agreement c) The additional insured must immediately under which you are required to include a send us copies of all legal papers received in person or organization as an additional in- connection with the claim or"suit", cooperate sured on this Coverage Part, provided that with us in the investigation or settlement of the "bodily injury" and"property damage"oc- the claim or defense against the "suit", and curs and the"personal injury"is caused by an otherwise comply with all policy conditions. offense committed: d) The additional insured must tender the de- a. After the signing and execution of the fense and indemnity of any claim or "suit"to contract or agreement by you; any provider of"other insurance"which would b. While that part of the contract or cover the additional Insured for a loss we cover under this endorsement. However,this agreement is in effect;and condition does not affect whether the insur- c. Before the end of the policy-period. 4D I Page 2 of 2 0 2005 The St.Paul Travelers Companies, Inc. CG D2 48 08 05 Policy: C03443M148 COMMERCIAL GENERAL LIABILITY Effective Date: 5/20/2008 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CONTRACTORS XTEND ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART GENERAL DESCRIPTION OF COVERAGE—Provisions A.-H.and J.-N.of this endorsement broaden coverage, and provision I. of this endorsement may limit coverage. The following listing is a general coverage description only. Limitations and exclusions may apply to these coverages. Read all the PROVISIONS of this endorsement carefully to determine rights,duties, and what is and is not covered. A. Broadened Named Insured H. Additional Insured—State or Political Subdivisions B. Extension of Coverage—Damage To Premises I. Other Insurance Condition Rented To You J. Increased Supplementary Payments • Perils of fire,explosion,lightning,smoke,water • Cost of bail bonds increased to$2,500 • Limit increased to$300,000 • Loss of earnings increased to$500 per day C. Blanket Waiver of Subrogation K. Knowledge and Notice of Occurrence or Offense D. Blanket Additional Insured—Managers or Lessors L. Unintentional Omission of Premises E. Incidental Medical Malpractice M. Personal Injury—Assumed by Contract N. Blanket Additional Insured—Lessor of Leased F. Extension of Coverage—Bodily Injury Equipment G. Contractual Liability Railroads PROVISIONS 3. This Provision A. does riot apply to any per- A. BROADENED NAMED INSURED son or organization for which coverage is ex- 1. The Named Insured In Item 1.of the Declara- eluded by endorsement tions is as follows: B. EXTENSION OF COVERAGE — DAMAGE TO The person or organization named In Item 1., PREMISES RENTED TO YOU of the Declarations and any organization, 1. The last paragraph of COVERAGE A. BOD- other.than a partnership,joint venture or lim- ILY INJURY AND PROPERTY DAMAGE LI- ited liability company, of which you maintain ABILITY (Section I — Coverages) is deleted ownership or in which you maintain the major- and replaced by the following: ity interest on the effective date of the policy. Exclusions c.through n.do not apply to dam- However, coverage for any such additional age to premises while rented to you, or tem- organization will cease as of the date, If any, porarily occupied by you with permission of during the policy period, that you no longer the owner,caused by: maintain ownership of, or the majority Interest a. Fire; in,such organization. . b. Explosion; 2., WHO IS AN INSURED (Section Il) Item 4.a. is deleted and replaced by the following: c. Lightning; a_ Coverage under this provision is afforded d. Smoke resulting from such fire,explosion, only until the 180th day after you acquire or lightning;or or foram the organization or the end of the e. Water. policy period,whichever is earlier. A separate limit of insurance applies to this coverage as described in Section III Limits Of Insurance. CG D316 07 04 Copyright,The Travelers Indemnity Company,2004 Page 1 of 6 COMMERCIAL GENERAL LIABILITY 2. This insurance does not apply to damage to 5. This Provision B. does not apply if coverage premises while rented to you, or temporarily for Damage To Premises Rented To You of occupied by you with permission of the COVERAGE A. BODILY INJURY AND owner,caused by: PROPERTY DAMAGE LIABILITY(Section I— a. Rupture,�bursting, or operation of pres- Coverages)is excluded by endorsement sure relief devices; C. BLANKET WAIVER OF SUBROGATION fl b. Rupture or bursting due to expansion or We waive any right of recovery we may have swelling of the contents of any building or against any person or organization because of structure,caused by or resulting from wa payments we make for injury or damage arising ter, out of: premises owned or occupied by or rented c. Explosion of steam boilers; steam pipes, or loaned to you; ongoing operations performed steam engines,or steam turbines. by you or on your behalf, done under a,contract 3. Paragraph 6. of LIMITS OF INSURANCE with that person or organization; "your work"; or (Section I11) is deleted and replaced by the "your products". We waive this right where you have agreed to do so as part of a written.contract, following: executed by you before the "bodily injury" or Subject to 5, above, the Damage To Prem- "property damage"occurs or the "personal injury" ises Rented To You Limit Is the most we will or"advertising injury"offense is committed. pay under COVERAGE A. for the sum of all D. BLANKET ADDITIONAL INSURED — 'MANAG damages because of "property damage" to ERS OR LESSORS OF PREMISES any one premises while rented to you, or temporarily occupied by you with permission WHO.IS AN INSURED (Section 11)is amended to of the owner, caused by:fire; explosion; light- include as an insured any person or organization ning; smoke resulting from such fire, explo- (referred to below as "additional insured") with sion, or lightning; or water. The Damage To whom you have agreed in a written contract,exe- Premises Rented To You Limit will apply to all cuted before the "bodily injury" or"property dam- "property damage"proximately caused by the age" occurs or the "personal injury" or'"adverts- same "occurrence", whether such damage ing injury" offense is committed, to name as an results from: fire; explosion; lightning; smoke additional insured, but only with respect to liability resulting from such fire, explosion, or light- arising out of the ownership, maintenance or use ning; or water; or any combination of any of of that part of any premises leased to you, subject these causes. to the following provisions: Z The Damage To Premises Rented To You 1. Limits of Insurance. The limits of insurance Limit will be the higher of: afforded to the additional insured shall be the limits which you agreed to provide in the writ- a. $300.000;or ten contract,or the limits shown on the Decia- b. The amount shown on the Declarations rations,whichever are less. for Damage To Premises Rented To You 2. The insurance afforded Ito the additional in- Limit. sured does not apply to: 4. Paragraph a.of the definition of insured con- " tract' (DEFINITIONS — Section 1) is deleted a• Any 'bodily injury" or property damage" and replaced by the following: that occurs,or"personal injury"or"adver- tising injury' by an offense which a. A contract for a lease of premises. How- is committed,after you cease to be a ten- ever, that portion of the contract for a ant in that premises; lease of premises that indemnifies any b. Any premises for which coverage is ex- person or organization for damage to cluded by endorsement;or premises while rented to you, or tempo- radly occupied by you with permission of c. Structural alterations, new construction or the owner, caused by: fire; explosion; demolition operations performed by or on lightning; smoke resulting from such fire, behalf of such additional insured. explosion, or lightning; or water, is not an 3. The insurance afforded to the additional in- "insured contract"; sured is excess over any valid and collectible Page 2 of 6 Copyright,The Travelers Indemnity Company,2004 CG D3 16 07 04 j COMMERCIAL GENERAL LIABILITY "other insurance" available to such additional together with all related acts or omissions in Insured, unless you have agreed in the writ- the furnishing of the services described in ten contract that this insurance must be pri- paragraph 1.above to any one person will be mary to, or non-contributory with, such"other deemed one"occurrence". insurance". 5. This Provision E. does not apply if you are in E.--INCIDENTAL MEDICAL MALPRACTICE the business or occupation of providing any of 1. The following is added to paragraph 1. Insur- the services described in paragraph 1.above. ing Agreement of COVERAGE A. — BODILY 6. The insurance provided by this Provision E. INJURY AND PROPERTY DAMAGE LIABIL- shall be excess over any valid and collecfible ITY(Section I—Coverages): "other insurance" available to thej insured, "Bodily injury" arising out of the rendering of, whether primary, excess, contingent or on or failure to render,---the following will be any other basis,except for insurance that you deemed to be caused by an"occurrence": bought specifically to apply in excess of the Limits of Insurance shown on the''D"ra- a. Medical,surgical,dental,laboratory,x-ray tions of this Coverage Part or nursing service, advice or instruction, or the related furnishing of food or bever- F. EXTENSION OF COVERAGE — BODILY Ill ages; JURY b- The furnishing or dispensing of drugs or The definition of "bodily injury" (DEFINITIONS — medical, dental, or surgical supplies or Section V) is deleted and replaced by the follow- appliances; ing: c. First aid;or "Bodily injury" means bodily injury, mental an- guish, mental injury, shock, fright, disability, hu- dE.-"Good Samaritan services." As used inmiliation, sickness or disease sustained!bya per- this Provision E., "Good Samaritan ser- son,including death resulting from any of these at Vices" are those medical services ren- any time. dered or provided In an emergency and for which no remuneration is demanded G. CONTRACTUAL LIABILITY—RAILROADS or received. 1. Paragraph c.of the definition of insured con- 2. Paragraph 2.a.(1)(d) of WHO IS AN IN- tract" (DEFINITIONS —Section V) Is deleted SURED (Section Il) does not apply to any and replaced by the following: registered nurse, licensed practical nurse, c_ Any easement or license agreement; .. ` emergency medical technician or paramedic 2. Paragraph f.(1) of the definition of insured employed by you, but only while performing contract" (DEFINITIONS — Section V) is de- the services described in paragraph 1.above leted. and while acting within the scope of their em- ployment by you. Any "employees" rendering H. ADDITIONAL INSURED — STATE OR POLM- "Good Samaritan services"will be deemed to . CAL SUBDIVISIONS—PERMITS i be acting within the scope of their employ- WHO IS AN INSURED (Section II)is amended to ment by you. include as an insured any state or political subdi- 3. The following exclusion Is added to paragraph vision,subject to the following provisions: 2. Exclusions of COVERAGE A. — BODILY 1. This insurance applies only when ,required to INJURY AND PROPERTY DAMAGE LIABIL- be provided by you by an ordinan11 ce, law or ITY(Section I—Coverages): building code and only with respect.to opera- (This insurance does not apply to:)"Bodily in- tions performed by you or on your behalf for jury" or "property damage" arising out of the which the state or political subdivision has is- willful violation of a penal statute or ordinance sued a permit. relating to the sale of pharmaceuticals com- 2. This insurance does not apply to: mitted by or with the knowledge or consent of a, "Bodily injury," "property damage," "per- the insured. sonal injury"or"advertising injury"arising 4. For the purposes of determining the applica- out of operations performed_for the state ble limits of insurance, any act or omission or political subdivision;or CG D3 16 07 04 Copyright,The Travelers Indemnity Company, 2004 Page 3 of 6 COMMERCIAL GENERAL LIABILITY b. "Bodily injury" or "property.damage" In- insured under any other policy, cluded.in the "products-completed opera- including any umbrella or excess . tions hazard". policy. I. OTHER INSURANCE CONDITION When this insurance is excess, we A. COMMERCIAL GENERAL LIABILITY CON- will have no duty under Coverages A DITIONS (Section IV), paragraph 4. (Other or B to defend the insured against Insurance)is deleted and replaced by the fol- any"suit" if any provider of other in- lowing: surance" has a duty to defend the in- sured against that "suit". If no. pro- 4. Other Insurance eider of "other insurance" defends, If valid and collectible"other insurance"is we will undertake to do so,but we will available to the insured for a loss we be entitled to the insureds rights against all those providers of "other cover under Coverages A or B of this insurance". Coverage Part, our obligations are limited as follows: When this insurance is excess over a. Primary In `other insurance", we will pay only our share of the amount of the loss,If This insurance is primary except any,that exceeds the sum of: when b. below applies. If this insur- (1) The total amount that all such ance_ is primary, our obligations are "other insurance" would pay for not affected unless any of the "other the loss in the absence of this in- insurance" is also primary. Then, we surance;and will share with all that "other' insur- ance" by the method described in c. (2) The total of all deductible and below. self-insured amounts under that b. Excess Insurance "other insurance". This insurance is excess over any of We will share the remaining loss, if any,with any"other insurance"that Is - the other insurance", whether pd- not described in this Excess Insur- mary, excess, contingent or on any ance provision. other basis:' c. Method Of Sharing (1) That is Fire, Extended Coverage, Builder's Risk, Installation Risk, If all of the "other insurance" permits or similar coverage for "your contribution by equal shares, we will work-; follow this method also. Under this (2) That is Fire insurance for prem- approach each provider of insurance ises rented to you.or temporarily contributes equal amounts until it has occupied by you with permission paid its applicable limit of insurance , or none of the loss remains, which- of the ownerever comes first. (3) That is insurance purchased by If any of the "other Insurance" does you to cover your liability as a not permit contribution by equal tenant for "property damage" to shares, we will contribute by limits. premises rented to'you or tempo- Under this method, the share of each rarity occupied by you with per- provider of insurance is based on the mission of the owner,or ratio of its applicable limit of insur- (4) If the loss arises out of the main- ance to the total applicable limits of tenance or use of aircraft, Insurance of all providers of insur- "autos% or watercraft to the ex- ance. tent not subject to Exclusion g.of B. The following definition is added to DEFINITIONS .Section I —Coverage A— Bodily (Section V): Injury And Property. Damage Li- ability;or "Other insurance": (5) That is available to the insured a. Means insurance, or the funding of losses, when the insured is an additional that is provided by,through or_on behalf of: Page 4 of 6 Copyright,The Travelers Indemnity Company,2004 CG D316 07 04 COMMERCIAL GENERAL LIABILITY (1) Another insurance company; 2. Notice of an "occurrence" or of an offense (2) Us or any of our affiliated insurance com- panies, except when the Non cumulation be given as soon as practicable to us if it is of Each Occurrence Limit section of given in good faith as soon as practicable to Paragraph 5 of LIMITS OF INSURANCE your workers' compensation insurer. This ap- (Section 111)or the Non cumulation of Per- plies only if you subsequently give notice of sonal and Advertising Injury limit sections the "occurrence" or offense to us as soon as of Paragraph 4 of LIMITS OF INSUR- practicable after you, one of your'executive ANCE(Section Ill)applies; officers"(if you are a corporation),one of your partners who is an Individual (if you are a (3) Any risk retention group; partnership),one of your managers(if you are (4) Any self-Insurance method or program, a limited liability company), or an "employee" other than any funded by you and over (such as an insurance, loss control or risk which this Coverage Part applies;or manager or administrator) designated by you (5) Any similar risk transfer or risk manage- to give such notice discovers that the 'occur- ment method. rence"or offense may involve this policy. b. Does not include umbrella insurance, or ex- 3. This Provision K. does not apply as respects cess insurance,that you bought specifically to the specific number of days within which you apply in excess of the Limits of Insurance are required to notify us in writing of the shown on the Declarations of this Coverage abrupt commencement of a discharge, re- Part. lease or escape of 'pollutants" that causes J. INCREASED SUPPLEMENTARY PAYMENTS "bodily injury" or "property damage" which may otherwise be covered under this policy. Paragraphs 1.b. and 1.d. of SUPPLEMENTARY L. UNINTENTIONAL OMISSION PAYMENTS—COVERAGES A AND B (Section 1 —Coverages)are amended as follows: The following Is added to COMMERCIAL GEN- 1. In paragraph I. the amount we will pay for ERAL LIABILITY CONDITIONS. (Section IV), paragraph 6.(Representations): the cost of bail bonds is Increased to$2500. 2. In paragraph i.d., the amount we will pay for The unintentional omission of, or unintentional loss of earnings Is increased to$500 a day. error in, any information provided by you which we relied upon in issuing this policy shall not K. KNOWLEDGE AND NOTICE OF OCCUR- prejudice your rights under this insurance_ How- RENCE OR OFFENSE ever, this Provision L. does not affect our right to 1. The following is added to COMMERCIAL collect additional premium or to exercise our right GENERAL LIABILITY CONDITIONS (Section of cancellation or nonrenewal in accordance with IV), paragraph 2. (Duties In The Event of Oc- applicable state insurance laws, codes or regula- currence,Offense,Claim or Suit): tions. Notice of an "occurrence" or of an offense M. PERSONAL INJURY — ASSUMED BY CON- which may result in a claim must be given as TRACT soon as practicable after knowledge of the 1. The following is added to Exclusion e. (1) of 'occurrence".,or offense has been reported to Paragraph 2., Exclusions of Coverage B. you, one of--your "executive„ officers' (if you Personal Injury, Advertising Injury, and are a corporation), one of your partners who Web Site Injury Liability of the Web XTEND is an individual(if you are a partnership), one Liability endorsement: of your managers (if you are a limited liability Solely for the purposes of liability assumed in company), or an "employee".(such as an in- an insured contract", reasonable attorney surance, loss control or risk manager or ad- fees and necessary litigation expenses in- ministrator) designated by you to give such curred by or for a party other than an insured notice. are deemed to be damages because of"per- Knowledge by, any other "employee". of an sonal injury'provided: "occurrence` or offense does not imply that (a) Liability to such partyfor, or for the cost you also have such knowledge. of,that party's defense has also been as- CG D316 07 04 Copyright,The Travelers Indemnity Company,2004 Page 5 of 6 COMMERCIAL GENERAL LIABILITY , sumed in the same "insured contract"; N. BLANKET ADDITIONAL INSURED — LESSOR and OF LEASED EQUIPMENT (b) Such attorney fees and litigation ex- WHO IS AN INSURED (Section Il)Is amended to penses are for defense of that party include as an insured any person or organization against a civil or alternative dispute reso- (referred to below as "additional insured") with lution proceeding in which damages to whom you have agreed in a written contract, exe- which this insurance applies are alleged, cuted before the "bodily injury" or"property dam- 2: Paragraph 2.d. of SUPPLEMENTARY PAY- age" occurs or the "personal injury" or"adverts MENTS—COVERAGES A AND B (Section 1 Ing injury" offense is committed, to name as an —Coverages) is deleted and replaced by the additional insured, but only with respect to their li- following: ability for"bodily injury% "property damage", "per- sonal injury". or "advertising injury" caused, in whole or in,part, by your acts or omissions In the formation we know about the "occur- rence'or offense are such that no conflict .leased to you by such additional insured, subject appears to exist between the interests of to the following provisions: the insured and the interests of the in- demnitee; 1. Limits of Insurance. The limits of insurance 3. The third sentence of Paragraph 2 of SUP- afforded to the additional insured shall be the PLEMENTARY PAYMENTS —COVERAGES limits which you agreed to provide in the writ- - ten contract,or the limits shown on the Decca- A AND B (Section ! — Coverages)is deleted rations,whichever are less. and replaced by the following: Notwithstanding the provisions of Paragraph 2' The Insurance afforded to the additional in- 2.b.(Z) of Section I—Coverage A—Bodily In- sured does not apply to any"bodily injury' or jury And Property Damage Llabilitjr, or the property damage" that occurs, or personal Injury"or"advertising Injury caused by an of- provisions of Paragraph 2.e.(1) of Section 1— fense which is committed,after the equipment Coverage B—Personal Injury, Advertising In- Tease expires. jury And Web Site Injury Uability, such pay- ments will not be deemed to be damages for 3. The insurance afforded to the,additional In- "bodily injury" and "property .damage", or sured is excess over any valid and collectible damages for"personal injury",and will not re- "other insurance" available to such additional duce the limits of insurance, insured, unless you have agreed in the writ- ten contract that this insurance must be pd- 4. This provision M. does not apply if coverage mary to, or non-contributory with,such "other for "personal injury" liability is excluded by insurance". endorsement I Page 6 of 6 Copyright,The Travelers Indemnity Company,2004 CG D3 16 07 04 Policy:C03443M148 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. EXCLUSION - ALL PROJECTS SUBJECT TO A WRAP-UP INSURANCE PROGRAM WITH LIMITED EXCEPTIONS FOR CERTAIN ONGOING OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SELF-INSURED EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following exclusion is added to Paragraph 2., "property damage" occurs after the expiration Exclusions of Section I — Coverage A— Bodily of all such coverage. Injury And Property Damage-Liability: The exceptions in this exclusion do not apply to This insurance does not apply to "bodily injury" or "bodily injury" or "property damage" included in "property damage" arising out of any project that the "products-completed operations hazard" even is or was subject to a "wrap-up.insurance pro- if you are required to provide such coverage for gram". an additional insured by a written contract or This exclusion does not apply to "bodily injury" or agreement. "property damage". arising out of your. ongoing 2. The following is added to Section V — Defini- operations that: tions: a. Are being performed at any location owned "Wrap-up insurance program" means any agree- by, or rented to, you, that is outside the pro- ment or arrangement, including any contractor- ject,site for that project and is not covered by controlled, owner-controlled or similar insurance the "wrap-up.insurance program" for that pro- program, under which some or all of the contrac- ject; or tors working on a specific project, or specific pro- b. Are punch list or warranty work, if coverage jests, are required to participate in a program to was available to the insured under the "wrap- obtain insurance that: up insurance program" for "bodily injury" or a. Includes the same or similar insurance as "property damage" arising out of your ongo- that provided by this Coverage Part; and ing operations and the "bodily injury" or b. Is issued specifically for injury or damage arising out of such project or projects. i CG D3 91 03 07 ©2007 The Travelers Companies,Inc. Page 1 of 1