PROJECT MANUAL 2007 ROADWAY MAINTENANCE SEALING PROJECT For use in connection with California Department of Transportation Standard Specifications Dated May 2006 and General Prevailing Wage Rates Dated 2/22/2007 Amador County Sealed Bid No. 07-12 Bid Opening Date: June 28, 2007, 1:30 p.m. COUNTY OF AMADOR, CALIFORNIA 2007 ROADWAY MAINTENANCE SEALING PROJECT CONTRACT NO. 07-12 TABLE OF CONTENTS INVITATION TO BID ........................................................................................................................... 1 PROJECT DESCRIPTION ................................................................................................................... 1 INSTRUCTIONS AND INFORMATION TO BIDDERS .................................................................. 2 SUBMISSION AND RECEIPT OF BIDS ........................................................................................... 3 BID REQUIREMENTS........................................................................................................................ 4 QUALIFICATIONS ............................................................................................................................. 4 EVALUATION OF BIDS .................................................................................................................... 5 PREVAILING WAGE REQUIREMENTS ......................................................................................... 5 SUBCONTRACTOR LISTING ........................................................................................................... 6 RIGHT TO SUBSTITUTE SECURITIES ............................................................................................ 6 ALCOHOL-FREE AND DRUG-FREE WORKPLACE POLICY ...................................................... 7 PROJECT SCHEDULE ........................................................................................................................ 7 BID FORM INSTRUCTIONS ............................................................................................................. 8 PROPOSAL PAY ITEMS AND BID FORM ..................................................................................... 10 BIDDER’S DECLARATION ............................................................................................................. 11 SUBCONTRACTOR LISTING FORM ............................................................................................. 12 PUBLIC CONTRACT CODE 10232 STATEMENT ........................................................................ 13 PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE.............................................. 13 NONCOLLUSION AFFIDAVIT ....................................................................................................... 14 DECLARATION REGARDING DISQUALIFICATION, REMOVAL OR PREVENTION FROM BIDDING............................................................................................................................... 15 PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT ................................................... 16 BIDDER’S ACKNOWLEDGMENT FORM ..................................................................................... 17 REFERENCE FORM ......................................................................................................................... 18 CONTACT INFORMATION FORM................................................................................................. 19 BIDDER'S BOND .............................................................................................................................. 20 PREVAILING WAGE RATE CERTIFICATION FORM ................................................................. 21 SAMPLE CONSTRUCTION CONTRACT ...................................................................................... 22 ATTACHMENT “A” ....................................................................................................................... 32 ATTACHMENT “B-1”.................................................................................................................... 34 ATTACHMENT “B-2”.................................................................................................................... 35 ATTACHMENT “B-3”.................................................................................................................... 36 ATTACHMENT “B-4”.................................................................................................................... 37 ATTACHMENT “B-5”.................................................................................................................... 38 ATTACHMENT “B-6”.................................................................................................................... 39 ATTACHMENT “C”....................................................................................................................... 40 ATTACHMENT “D” ...................................................................................................................... 44 SPECIAL PROVISIONS ..................................................................................................................... 47 SECTION 1. SPECIFICATIONS AND PLANS .............................................................................. 47 DEFINITIONS AND TERMS ............................................................................................................ 47 SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS ............................................ 48 2-1.01 GENERAL .............................................................................................................................. 48 2-1.02 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS............................................ 49 SECTION 3. AWARD AND EXECUTION OF CONTRACT ....................................................... 49 SECTION 4. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES ............................................................................................................................................ 49 SECTION 5. GENERAL..................................................................................................................... 50 SECTION 5-1. MISCELLANEOUS .................................................................................................. 50 5-1.01 PLANS AND WORKING DRAWINGS ................................................................................ 50 5-1.02 EXAMINATION OF PLANS, SPECIFICATIONS, CONTRACT, AND SITE OF WORK .. 50 5-1.03 DIFFERING SITE CONDITIONS .......................................................................................... 50 5-1.04 SOUND CONTROL REQUIREMENTS ................................................................................ 50 5-1.05 LINES AND GRADES ........................................................................................................... 51 5-1.06 LABORATORY ...................................................................................................................... 51 5-1.07 CONTRACT BONDS ............................................................................................................. 51 5-1.08 PREVAILING WAGE ............................................................................................................ 51 5-1.09 LABOR NONDISCRIMINATION ......................................................................................... 52 5-1.10 EXCLUSION OF RETENTION ............................................................................................. 52 5-1.11 UNSATISFACTORY PROGRESS ........................................................................................ 52 5-1.12 INTEREST ON PAYMENTS ................................................................................................. 53 5-1.13 PUBLIC SAFETY ................................................................................................................... 53 5-1.14 TESTING ................................................................................................................................ 55 5-1.15 REMOVAL OF ASBESTOS AND HAZARDOUS SUBSTANCES ..................................... 55 5-1.16 SUBCONTRACTING ............................................................................................................. 56 5-1.17 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS ............................................ 56 5-1.18 RECORDS............................................................................................................................... 56 5-1.19 PAYMENTS ........................................................................................................................... 56 5-1.20 PROJECT INFORMATION ................................................................................................... 57 5-1.21 PRIVATE PROPERTY ........................................................................................................... 57 SECTION 6. (BLANK) ....................................................................................................................... 57 SECTION 7. (BLANK) ....................................................................................................................... 57 SECTION 8. FURNISHED MATERIALS........................................................................................ 57 SECTION 8-1. MISCELLANEOUS .................................................................................................. 57 8-1.01 PREQUALIFIED AND TESTED SIGNING AND DELINEATION MATERIALS ............. 57 PAVEMENT MARKERS, PERMANENT TYPE ............................................................................. 58 SECTION 8-2. PETROLEUM BASED CRACK SEALER ............................................................ 64 8-2.01 SCOPE AND CERTIFICATE OF COMPLIANCE ................................................................ 64 Description ..................................................................................................................................... 64 Materials ......................................................................................................................................... 64 Construction ................................................................................................................................... 65 Measurement................................................................................................................................... 66 Payment .......................................................................................................................................... 66 SECTION 8-3. POLYMER MODIFIED EMULSIFIED ASPHALT SLURRY ........................... 66 8-3.01 DESCRIPTION AND MATERIALS ...................................................................................... 66 Construction & Methods: ............................................................................................................... 68 Measurement and Payment: ........................................................................................................... 72 SECTION 8-4. REJUVENATING LATEX MODIFIED ASPHALTIC EMULSION CHIP SEAL ................................................................................................................................................................ 72 8-4.01 DESCRIPTION AND MATERIALS ...................................................................................... 72 8-4.02 OPERATIONS ........................................................................................................................ 74 Preparation for Chip Seal .............................................................................................................. 74 Placing ............................................................................................................................................ 74 8-4.03 MEASUREMENT AND PAYMENT ..................................................................................... 76 SECTION 9. (BLANK) ....................................................................................................................... 76 SECTION 10. CONSTRUCTION DETAILS ................................................................................... 76 10-1.01 ORDER OF WORK............................................................................................................... 76 10-1.02 PROGRESS SCHEDULE .................................................................................................... 77 10-1.03 OBSTRUCTIONS ................................................................................................................. 77 10-1.04 CONSTRUCTION AREA TRAFFIC CONTROL DEVICES .............................................. 77 10-1.05 CONSTRUCTION AREA SIGNS ....................................................................................... 78 10-1.06 MAINTAINING TRAFFIC .................................................................................................. 79 10-1.07 TRAFFIC CONTROL SYSTEM FOR LANE CLOSURE ................................................... 80 10-1.08 TEMPORARY PAVEMENT DELINEATION .................................................................... 81 GENERAL ....................................................................................................................................... 81 TEMPORARY LANELINE AND CENTERLINE DELINEATION .................................................. 81 TEMPORARY EDGELINE DELINEATION................................................................................... 82 MEASUREMENT AND PAYMENT ................................................................................................ 83 10-1.09 EXISTING HIGHWAY FACILITIES .................................................................................. 84 REMOVE PAVEMENT MARKER .................................................................................................. 84 REMOVE TRAFFIC STRIPE AND PAVEMENT MARKING ........................................................ 84 SECTION 11. (BLANK) ..................................................................................................................... 86 SECTION 12. (BLANK) ..................................................................................................................... 86 SECTION 13. (BLANK) ..................................................................................................................... 86 SECTION 14. (BLANK) ..................................................................................................................... 86 APPENDIX A: LIST OF PROJECT LOCATIONS AND DETAILED SCOPE OF WORK...... 87 APPENDIX A: LIST OF PROJECT LOCATIONS AND DETAILED SCOPE OF WORK (CONTINUED) ..................................................................................................................................... 88 APPENDIX B: VICINITY MAP ........................................................................................................ 89 APPENDIX C: PREVAILING WAGE RATES ............................................................................... 90 COUNTY OF AMADOR INVITATION TO BID 2007 ROADWAY MAINTENANCE SEALING PROJECT SEALED BID NO.: 07-12 The County of Amador is seeking sealed bids for the furnishing of all labor, tax, bonds, insurance, permits, premiums, shipping, transportation, services, disposal, equipment, materials, and appurtenant facilities for 2007 Roadway Maintenance Sealing Project. Said bids shall be in accordance with the Contract Documents contained herein and with the laws and regulations set forth by the State of California, building codes and all other applicable regulations. Sealed bids shall be received by the County of Amador Purchasing Office; by U.S. Mail at 12200-B Airport Road, Jackson, CA. 95642; or delivered in person, U.P.S., Federal Express, or by any other courier to 12200-B Airport Road, Martell, CA 95654, until 1:30 PM, Thursday, June 28, 2007, at which time, sealed bids will be opened and read publicly at the General Services Administration located at the above Martell address. Bids received late will be rejected and returned unopened. PROJECT DESCRIPTION The project area is located in the central and western portion of Amador County, California as shown on the Vicinity Map included in Appendix B and more specifically named as Site #1 - Running Gold Ranch Subdivision, Site #2 – Sutton Place Subdivision, Site #3 – Wildwood Subdivision, Site #4 – Jackson Pines Subdivision, Site #5 – Sierra Vista Pines Subdivision, Site #6 – Upper Ridge Road Area, and Site #7 – Buena Vista / Plymouth Area. The Work consists of, but is not limited to: Applying a petroleum based crack seal Applying polymer modified asphalt emulsion slurry seal Applying latex modified asphaltic emulsion chip seal Disposal of spoils or excess materials or debris from these improvements The material specifications and methods of construction for the Work are described in the Special Provisions Traffic control and other items or details not mentioned above, that are required by the Plans, Standard Specifications, or these Special Provisions, shall be performed, constructed, or installed. Where the crack seal is to be applied, a minimum of thirty (30) calendar days of curing time will be required prior to applying any slurry seal or chip seal products. The contract time shall be forty-five (45) working days. For bonding purposes the anticipated project cost will range between $400,000 and $600,000. 2007 Roadway Maintenance Sealing Project Contract No. 07-12 1 of 91 INSTRUCTIONS AND INFORMATION TO BIDDERS 1. Qualified bidders may acquire bid information and documents at the office of General Services Administration located at 12200-B Airport Road, Martell, CA. Bid information and documents for the entire project (Bid, Contract, Specifications, Drawings and all Contract Documents) are available for examination at the office of General Services Administration, telephone (209) 223-6375. A $30.00 non-refundable fee for each Bid Document set will be required. Bid information and documents can be shipped; please contact General Service Administration. 2. Each bidder shall visit the site of the proposed work, and shall observe conditions in order to be fully informed as to the materials, equipment, labor and workmanship required and the conditions under which they shall be furnished and placed. A non-mandatory pre-bid conference shall be held Wednesday, June 20, 2007 at 10:00 AM, at the intersection of Highway 88 and Tabeau Road. 3. The Board of Supervisors of the County of Amador reserves the right to accept or reject any or all bids in whole or in part and/or to waive technicalities and/or any irregularities in any bid received if such waiver is in the best interest of the County. All bids will become a part of the official files of the County of Amador without obligation on the part of the County. 4. Should a bidder find discrepancies in or omissions from the Drawings or Specifications, or be in doubt as to their meaning, the bidder shall at once notify the County's Barbara Belvoir, Public Works Agency Senior Project Engineer at (209) 223-6429. Should it be found necessary, the County of Amador General Services Administration Director shall issue a written Addendum, which will be sent or delivered to plan rooms and those that have acquired Bid packages. Questions by bidders concerning discrepancies in, or omissions from the Drawings or Specifications shall be made at least (72) hours prior to bid opening, not including Saturdays, Sundays or Holidays. To the extent possible, questions by bidders concerning discrepancies in or omissions from the Drawings or Specifications shall be made no later than 2:00 p.m. Thursday, June 21, 2007. All communication relative to the Contract Documents and Plans shall be directed to Barbara Belvoir, Public Works Agency Senior Project Engineer at (209) 223-6429. No oral responses to any questions concerning the content of the Plans and Contract Documents will be given; all responses will be in the form of written addenda to the Contract Bid Documents and Plans. 5. All forms in the Bid package shall be made on the form(s) provided by the County of Amador. Each page shall be properly completed with all items filled out, signed with blue ink, and executed by an individual who has authority to act on behalf of the entity submitting the Bid. 6. Contract retention under this Contract shall be ten percent (10%). The County will permit the successful bidder to substitute securities for any retention monies withheld to ensure performance of the Contract (see “Right to Substitute Securities” below). 2007 Roadway Maintenance Sealing Project Contract No. 07-12 2 of 91 7. Bidders are responsible for reviewing all “Bidding Documents and Contract Requirements” in their entirety. 8. Contractors or subcontractors who have violated state law governing public works shall be denied the right to bid on this public work contract as set forth in California Labor Code section 1777.7. 9. No Bid may be withdrawn after the time established for receiving bids or before the award and execution of the Contract, unless the award is delayed for a period exceeding forty-five (45) working days. Bids shall be executed in accordance with the instructions given and forms provided in the bound Contract Documents furnished by the Amador County Public Works Agency. The proposal shall not be detached from the Contract Documents. SUBMISSION AND RECEIPT OF BIDS 1. Sealed bids shall be received by the County of Amador Purchasing Office; by U.S. Mail at 12200-B Airport Road, Jackson, CA. 95642; or delivered in person, U.P.S., Federal Express, or by any other courier to 12200-B Airport Road, Martell, CA 95654, until 1:30 PM, Thursday, June 28, 2007, at which time sealed bids will be opened and read publicly at the General Services Administration located at the above Martell address. Bids received late will be rejected and returned unopened. 2. Bids must be submitted in a sealed opaque envelope. Your return address and the Bid number (07-12) must appear on the outside of the envelope. Bids must be submitted on the bid form(s) provided herein. Other bid formats will be rejected. 3. County reserves the right to postpone the date and time for submission of bids. 4. The Bid amount is all inclusive. No additional charges for packing, taxes, or other items, whether or not identified in the Contract Documents, will be allowed. 5. The County of Amador is not responsible for failure of the U.S. Mail or private couriers to deliver bids by the submission deadline. 6. Telegraph, Facsimile (FAX), and E-Mail bids will not be considered. 7. The following forms and bid documentation information must be included in your sealed bid: a. b. c. d. e. f. g. h. i. j. Cash, cashier’s or certified check payable to County, or bid bond Copy of California State Contractors License Proposal Pay Items and Bid Form Bidder’s Acknowledgement Form (listing all addenda issued by County) Reference Form – four (4) minimum Contact Information Form Subcontractor Listing Form Prevailing Wage Rate Certification Form Bidder’s Declaration Noncollusion Affidavit (notarized per Public Contract Code Sec.7106) 2007 Roadway Maintenance Sealing Project Contract No. 07-12 3 of 91 k. l. m. n. o. p. q. 8. Declaration Re: Disqualification, Removal, or Prevention from Bidding Letter to Amador County listing all Citations and Violations Related to the Scope of Work as Described Within the Contract and Bid Specifications, Which Have Occurred in the Last Ten (10) Years Copy of Traffic Control Certificates for 2 -3 Employees Certificates Letter to Amador County stating qualifications (see “Qualifications”, Item 4) Public Contract Code 10232 Statement Public Contract Code Section 10162 Questionnaire Public Contract Code Section 10285.1 Statement Erasures or corrections on bids must be initialed in blue ink. Each Bidder shall be deemed to have authorized any such erasures or corrections. Bids shall be signed in blue ink. All amounts shall be typewritten or completed in blue ink. BID REQUIREMENTS 1. Those submitting bids must complete and return with their bid all forms listed herein. 2. All Bidders and their proposed subcontractors should contact the County to receive copies of current bid documentation. Bidders who rely on information obtained from plan rooms accept responsibility for any inaccurate or incomplete information. 3. Bidders shall furnish security in an amount equal to ten percent (10%) of the total amount of the bid, in the form of cash, a certified or cashier’s check payable to the County, or a Bid Bond. If the bidder submits a Bid Bond, the bonding surety must be admitted to do business in the State of California. The successful bidder shall be required to furnish a Performance Bond in an amount equal to one hundred percent (100%) of the Contract price, a Payment Bond in an amount equal to one hundred percent (100%) of the Contract price. All bonds (Bid Bond, Performance Bond, and Payment Bond) must be obtained from a surety admitted under the laws of the State of California and satisfactory to the Amador County Board of Supervisors. 4. If this Bid is awarded, and the successful bidder fails to sign and return to the Director of General Services Administration within ten (10) business days (i) the Contract, (ii) the bonds in the amounts required by the State Contract Act, and (iii) the required insurance certificates as specified in the Contract Documents (see Sample Contract) with an insurer satisfactory to the County Risk Manager, the County may, at its option, determine the bidder has abandoned the Contract. In that case, the bid and the acceptance thereof shall be null and void, and the bid security shall be forfeited and become the property of the County of Amador. 5. No person, firm or corporation, shall be allowed to make or file or be interested in more than one Bid Form for the same work. QUALIFICATIONS Qualified bidders submitting bids shall have the minimum qualifications stated below, and include, as a part of the bid documentation, the information outlined below. County reserves the right to reject any bid not containing the following information: 2007 Roadway Maintenance Sealing Project Contract No. 07-12 4 of 91 1. An Active California “A” or “C32” Contractor’s license(s) in good standing is required to bid this work and enter into the Contract. In accordance with Public Contract Code section 3300, each bidder must provide proof and submit with his/her bid a copy of his/her California State Contractors License(s). The license must be maintained in good standing throughout the term of the Contract. 2. Subcontractor’s Licenses: All subcontractors must be properly licensed by the CSLB to perform construction work they will be undertaking and must maintain their licenses in good standing throughout the terms of the Contract. 3. List of all citations and violations related to the scope of work as described within the Contract and Bid Specifications, which have occurred in the last ten (10) years. 4. Evidence that each portion of the work shall be performed by a person qualified, equipped and experienced in the particular field assigned to them. Bidder shall submit a “Statement of Qualifications” with the bid that provides evidence of the Contractor’s supervisory personnel qualifications and subcontractor’s qualifications. Qualified shall mean: A person with a minimum of four (4) four years of skilled experience in the particular field and/or trade related to the scope of work herein, and, an experienced contractor who has completed roadway surface sealing similar in material, design, and extent to that indicated for this Project and whose work has resulted in construction with a record of successful in-service performance. 5. Certificate documenting qualification to do traffic control. EVALUATION OF BIDS Selection of the successful bidder will be determined by evaluation of the following: 1. Price and proposed fees. (In accordance with Public Contract Code section 20103.8, the lowest bid shall be the lowest total of the bid prices on the base contract and those additive or deductive items that were specifically identified in the bid solicitation as being used for the purpose of determining the lowest bid prices.) 2. Guarantees and warranties. 3. Qualifications and experience of the Bidder and other key personnel involved in the work. 4. All forms completed, signed in blue ink, and filled in properly. PREVAILING WAGE REQUIREMENTS 1. The successful bidder must comply with California prevailing wage laws (California Labor Code section 1770 et seq.), and must pay and require payment of wages according to prevailing wage rates established by the California Department of Industrial Relations for all on-site work to be performed on the Project. Before bidding, all bidders are advised to obtain current prevailing wage documents entitled "Basic Trades or Sub-Trades Rates" as determined by the 2007 Roadway Maintenance Sealing Project Contract No. 07-12 5 of 91 Director of the California Department of Industrial Relations, available for review at: http://www.dir.ca.gov/DLSR/statistics_research.html, or mail to; Department of Industrial Relations, Division of Labor Statistics and Research, P.O. Box 420603, San Francisco, CA 94142-0603, or call (415) 703-4780. (A copy is also available via the Internet at the General Services Administration offices.) These documents are by this reference made a part of the Contract Documents. The successful bidder shall meet with the County prior to commencing work to discuss and establish the wages and classifications to be used and provide a copy of wage rates to County, which shall be posted at the Public Works Agency located at 810 Court Street, Jackson, CA. 2. Contractors will be required to submit certified payroll, statement of compliance and all certified payroll documents as proof of payment of prevailing wages and rates. The County or its authorized representative may monitor wage rates and payment of prevailing wages by interviewing workers on the job site. SUBCONTRACTOR LISTING In accordance with the California Public Contract Code section 4100 et seq., every bidder shall in its bid set forth: 1. The name and location of the place of business of each subcontractor who will perform work or labor or render service to the bidder in or about the work in an amount in excess of one-half (1/2) of one percent (1%) of the bidder’s total bid. 2. The portion of the work that will be done by each subcontractor. If the bidder fails to specify a subcontractor for any portion of the work to be performed under the Contract in excess of onehalf (1/2) of one percent (1%) of the bidder’s total bid, he agrees to perform that portion himself. The successful bidder shall not, without the consent of the County, either: a. b. c. 3. Substitute any person as subcontractor in place of the subcontractor designated in the original bid, except as allowed by section 4107. Permit any subcontract to be voluntarily assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the bid, without the consent of the County. Except for change orders, sublet or subcontract any portion of the work in excess of one-half (1/2) of one percent (1%) of the total bid as to which its original bid did not designate a subcontractor. Those submitting bids must complete and use the subcontractor listing form provided herein. RIGHT TO SUBSTITUTE SECURITIES Monthly progress payments shall be made to Contractors as provided in the Contract Documents, less a ten percent (10%) retention. Pursuant to Public Contract Code section 22300, at the request and expense of a Contractor, securities equivalent to the amount withheld may be deposited by Contractor with the County, State Treasurer or with a state or federally chartered bank as the escrow agent, who shall release such securities to the Contractor upon satisfactory completion of the Contract. 2007 Roadway Maintenance Sealing Project Contract No. 07-12 6 of 91 Alternatively, a Contractor may request, pursuant to Public Contract Code section 22300, that payment of retentions be made directly to the escrow agent. The Contractor shall receive the interest earned on the investments upon the same terms provided for in section 22300 for securities deposited by the Contractor. Upon satisfactory completion of the Contract, the Contractor shall receive from the escrow agent all securities, interest and payments received by the escrow agent from the County. ALCOHOL-FREE AND DRUG-FREE WORKPLACE POLICY In accordance with the County’s Alcohol-Free and Drug-Free Workplace Policy and Procedures, the successful bidder and his/her employees shall read and sign the County’s policy acknowledgment form upon contracting for services. If the successful bidder and his/her employees fail to agree and sign the Alcohol-Free and Drug-Free Workplace Policy, the County, at its option, may determine the bidder has abandoned the Contract. In that case, the bid and the acceptance thereof shall be null and void, and the bid security shall be forfeited and become the property of the County of Amador. PROJECT SCHEDULE Newspaper Advertisements: Amador Ledger Dispatch Date: June 13, 2007 June 15, 2007 Non-Mandatory Pre-Bid Conference: Date: June 20, 2007 Time: 10:00 A.M. Place: Intersection of Highway 88 and Tabeau Rd Pine Grove, CA Bid Opening: Date: June 28, 2007 Time: 1:30 P.M. Place: Amador County Purchasing Office 12200 B Airport Road Martell, CA 95654 Questions concerning discrepancies and omissions shall be answered by: Date: Thursday, June 21, 2007 by 2:00 p.m. Anticipated Award of Bids and Contracts Approval Scheduled for: Date: Tuesday, July 10, 2007 Anticipated Contract Starting: Date: Wednesday, August 7, 2007 Anticipated Contract Completion Date: October 11, 2007 2007 Roadway Maintenance Sealing Project Contract No. 07-12 7 of 91 (DO NOT DETACH) PUBLIC WORKS AGENCY THE COUNTY OF AMADOR STATE OF CALIFORNIA BID FORM INSTRUCTIONS for the construction of 2007 ROADWAY MAINTENANCE SEALING PROJECT SEALED BID NO.: 07-12 The work for which this bid 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 described below, including any addenda thereto, the contract annexed hereto, and also in conformance with the California Department of Transportation Standard Specifications, dated 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 percentage wise the unit price or item total in the COUNTY OF AMADOR'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. 2007 Roadway Maintenance Sealing Project Contract No. 07-12 8 of 91 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 COUNTY OF AMADOR, and that discretion will be exercised in the manner deemed by the COUNTY OF AMADOR to best protect the public interest in the prompt and economical completion of the work. The decision of the COUNTY OF AMADOR respecting the amount of a bid, or the existence or treatment of an irregularity in a bid, shall be final. 2007 Roadway Maintenance Sealing Project Contract No. 07-12 9 of 91 PROPOSAL PAY ITEMS AND BID FORM 2007 ROADWAY MAINTENANCE SEALING PROJECT SEALED BID NO.: 07-12 Item No. Description Unit Quantity 1 2 Crack Seal Polymer Modified Emulsified Asphaltic Slurry Seal Rejuvenating Latex Modified Asphaltic Emulsion Chip Seal Mobilization Traffic Control Lane-Miles Square yards Square yards Lump Sum Lump Sum 15.60 53,977 3 4 5 Unit Price 163,480 Lump Sum Lump Sum Total Bid Amount $ Handwritten Total Bid Amount Name of Business Address Contractor's Printed name 2007 Roadway Maintenance Sealing Project Contract No. 07-12 Phone Number Contractors' Signature 10 of 91 Date Total bid Item Amount BIDDER’S DECLARATION The undersigned, ______________________, declares as follows: 1. The bidder will perform the work under the Contract without discrimination, and shall not discriminate against any employee or applicant for employment, on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age, or sexual orientation. The bidder shall comply with Labor Code Section 1735 and all provisions of Executive Order No. 10925 of March 6, 1961, as amended, and all rules, regulations and relevant orders of the President’s Committee on Equal Opportunity. The bidder shall also comply with the California Fair Employment and Housing Act (Government Code, Section 12900 and following). 2. The bidder has not been convicted within the preceding three years of any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or federal antitrust law in connection with the bidding upon, award of, or performance of, any public work contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof. 3. The names and capacities of all persons interested in the foregoing bid as principals are as follows: (State legal name of the entity as well as the names of the president, secretary, treasurer, and manager if a corporation; the names of all individual partners or joint venturers if a partnership or joint venture; or the first and last names of the owner of a sole proprietorship.) 4. The only persons or parties interested in this bid as principals are those named in paragraph three above. This bid is made without collusion with any other person, firm, or corporation. To the best of my knowledge and belief, no elected/appointed official or employee of the County of Amador is financially interested, directly or indirectly, in the offer of services specified in this bid 5. The bidder is licensed in accordance with the California Contractors’ State License law to perform the work for which the bid is submitted. The bidder’s license number is: ________________. The expiration date of the license is _____________. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that this Bidder’s Declaration was executed on _______________, 2007 in (location) ________________________________. __________________________________________ Signature Title: ______________________________________ Name of Bidder:_____________________________ Address of Bidder: ___________________________ NOTE: If Bidder is a corporation, the legal name of the corporation shall be set forth above, together with the signature of the officer or officers authorized to sign Contracts on behalf of the corporation. If Bidder is a partnership or joint venture, the true name of the firm shall be set forth above together with the signature of the partner or partners authorized to sign Contracts on behalf of the partnership or joint venture. If Bidder is an individual, his signature shall be placed above. If signature is by an agent, other than an officer of a corporation or a member of a partnership or joint venture, a Power of Attorney must be on file with the Department and must be submitted with the bid; otherwise, the bid will be disregarded as irregular and unauthorized. 2007 Roadway Maintenance Sealing Project Contract No. 07-12 11 of 91 SUBCONTRACTOR LISTING FORM The Bidder shall list the name and address of each subcontractor to whom the Bidder proposes to subcontract portions of the work, as required by the provisions in Section 2-1.054, "Required Listing of Proposed Subcontractors," of the Standard Specifications and Section 2-1.02, "Required Listing of Proposed Subcontractors," of the special provisions. Name Location of Business License No. Portion of Work (NOTICE: Bidder’s failure to execute the questionnaires and statements contained in this Proposal as required by applicable laws and regulations, or the determinations by Amador County based upon those questionnaires and statements, may prohibit award of the subject contract to the Bidder.) 2007 Roadway Maintenance Sealing Project Contract No. 07-12 12 of 91 PUBLIC CONTRACT CODE 10232 STATEMENT In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board. Note: The above Statement and Questionnaire are part of the Proposal. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Contractor's Printed name Contractors' Signature Date PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes _____ No _____ If the answer is yes, explain the circumstances in the following space. Contractor's Printed name 2007 Roadway Maintenance Sealing Project Contract No. 07-12 Contractors' Signature 13 of 91 Date PUBLIC CONTRACT CODE SECTION 7106 NONCOLLUSION AFFIDAVIT (To Be Executed By Bidder and Submitted With Bid) State of California ) ) ss. County of _______________ ) _______________________________________________________________________, being first duly sworn, deposes and says that he or she is _________________________________ of _________________________________________________________________________ the party making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that or any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown 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 Title: NOTARY SEAL REQUIRED SUBSCRIBED AND SWORN TO before me, ___________________________, a notary public for the State of California, on __________________ (date). Witness my hand and official seal. _____________________________ Notary Signature (Seal) 2007 Roadway Maintenance Sealing Project Contract No. 07-12 14 of 91 DECLARATION REGARDING DISQUALIFICATION, REMOVAL OR PREVENTION FROM BIDDING Name of Bidder: _____________________ 1. Has the bidder ever been disqualified, removed, or otherwise prevented from bidding on or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No If your answer is “Yes,” please explain the circumstances on a separate sheet of paper and attach it to your bid. 2. Has any officer of the bidder ever been disqualified, removed, or otherwise prevented from bidding on or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No If your answer is “Yes,” please explain the circumstances on a separate sheet of paper and attach it to your bid. 3. Has any employee of the bidder ever been disqualified, removed, or otherwise prevented from bidding on or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No If your answer is “Yes,” please explain the circumstances on a separate sheet of paper and attach it to your bid. 4. Printed name of person authorized to execute this declaration on behalf of bidder:__________________________________________ Title: _____________________________ Executed on _______________, 2007, in _____________, California. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct, and that I am authorized to execute this Declaration on behalf of the bidder named above. _______________________________________ 2007 Roadway Maintenance Sealing Project Contract No. 07-12 15 of 91 PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has ___ , has not ___ been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1. Note: The bidder must place a check mark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Signature 2007 Roadway Maintenance Sealing Project Contract No. 07-12 Date 16 of 91 BIDDER’S ACKNOWLEDGMENT FORM If the bidder is an individual, his/her signature shall be placed below. If the bidder is a partnership, corporation, or joint venture, the true name of the firm shall be set forth above together with the signature of the person or persons authorized to sign contracts on behalf of the entity. The person or persons executing this Bid on behalf of a partnership, corporation or joint venture shall be prepared to demonstrate by resolution or other authorization satisfactory to the County that such person is or that such persons are authorized to act for the entity with respect to submission of the bid. If the signature is by an agent other than an officer of a corporation, partner of a partnership, or partner of a joint venture, a Power of Attorney shall be submitted with the bid; otherwise, the bid may be disregarded as irregular and unauthorized. The bidder’s execution on the signature portion of this Bid shall constitute an endorsement and execution of those certifications that are part of this Bid. BIDDER Bidder's name Date By_______________________________ Authorized Representative ADDENDUM ACKNOWLEDGMENT Any addenda issued during the time of bidding shall form a part of the Contract Documents issued to bidders for the preparation of their proposals and shall constitute a part of the Contract Documents. Bidder acknowledges receipt of the following addenda issued by County: Addendum No. _______, dated ___________________________. Addendum No. _______, dated ___________________________. Addendum No. _______, dated ___________________________. Addendum No. _______, dated ___________________________. Addendum No. _______, dated ___________________________. NOTE: Bidders must contact General Services Administration (209) 223-6375 to ensure that they have received all addenda. Failure to acknowledge receipt of addenda on this form could disqualify your Bid. Name of Bidder: _________________________________________________________________ Business Address: _______________________________________________________________ 2007 Roadway Maintenance Sealing Project Contract No. 07-12 17 of 91 REFERENCE FORM Bidder shall provide information about its four (4) most recently completed Public Works projects and its three (3) largest completed private projects within the last three (3) years. Names and references must be current and verifiable. Use separate copies of this form for each project. Project Name_________________________________________________________________ Location_____________________________________________________________________ Owner______________________________________________________________________ Owner Contact (name and current phone number)_________________________________ Architect or Engineer_________________________________________________________ Architect or Engineer Contact (name and current phone number)_____________________ Construction Manager (name and current phone number)___________________________ Description of Project, Scope of Work Performed:__________________________________ ____________________________________________________________________________ ____________________________________________________________________________ Total Value of the base bid Construction__________________________________________ Total number of change orders________ Total value of change orders $__________________ Original Schedule Completion Date______________________________________________ Total number of Time Extensions Granted__________ Total number of days______________ Actual Date of Completion______________________________________________________ 2007 Roadway Maintenance Sealing Project Contract No. 07-12 18 of 91 CONTACT INFORMATION FORM Firm Name:_____________________ Check One: (as it appears on license) Corporation Partnership Sole Prop. Joint Venture Contact Person:_____________________________________________________________________ Address:____________________________________________________________________ Phone:_______________________________Fax:___________________________________ E-mail Address_______________________________________________________________ If firm is a sole proprietor, partnership or joint venture: Owner(s) of Company: Contractor's License number(s) ____________________________ ____________________________ ____________________________ ____________________________ 2007 Roadway Maintenance Sealing Project Contract No. 07-12 19 of 91 COUNTY OF AMADOR BIDDER'S BOND We, __________________________________________________________________________ ________________________________________________________________ as Principal, and ______________________________________________________________________________ as Surety are bound unto the County of Amador, State of California, hereafter referred to as "Obligee", in the penal sum of ten percent (10%) of the total amount of the bid of the Principal submitted to the Obligee for the work described below, for the payment of which sum we bind ourselves, jointly and severally, THE CONDITION OF THIS OBLIGATION IS SUCH, THAT: WHEREAS, the Principal is submitted to the Obligee, for _______________________________ ______________________________________________________________________________ (Copy here the exact description of work, including location as it appears on the proposal ) ______________________________________________________________________________ for which bids are to be opened at _________________ on _____________________________ (Insert place where bids will be opened) (Insert date of bid opening) NOW, THEREFORE, if the Principal is awarded the contract and, within the time and manner required under the specifications, after the prescribed forms are presented to him for signature, enters into a written contract, in the prescribed form, in conformance with the bid, and files two bonds with the Obligee, one to guarantee faithful performance of the contract and the other to guarantee payment for labor and materials as provided by law, then this obligation shall be null and void; otherwise, it shall remain in full force. In the event suit is brought upon this bond by the Obligee and judgment is recovered, the Surety shall pay all costs incurred by the Obligee in such suit, including a reasonable attorney's fee to be fixed by the court. Dated: ____________________________ , 20 ___ . _____________________________________________ _____________________________________________ _____________________________________________ Principal _____________________________________________ Surety By __________________________________________ Attorney-in-fact 2007 Roadway Maintenance Sealing Project Contract No. 07-12 20 of 91 PREVAILING WAGE RATE CERTIFICATION FORM Name of Bidder: _____________________________ Bidder has read the provisions in the Invitation to Bid respecting payment of prevailing wages. Bidder certifies that he/she is aware of the amounts of said prevailing wages as set forth by the Director of the Department of Industrial Relations, and that Bidder shall ensure that all workers employed to perform the work called for in the Contract Documents, either by the Bidder or by its subcontractors, are paid not less than prevailing wages for all work performed or connected with the work. ____________________________________________________________________________ Firm Name Telephone ____________________________________________________________________________ Address City, State, Zip ____________________________________________________________________________ Bidder's Name Title ____________________________________________________________________________ Bidder's Signature Date 2007 Roadway Maintenance Sealing Project Contract No. 07-12 21 of 91 SAMPLE CONSTRUCTION CONTRACT THIS CONSTRUCTION CONTRACT is made this ______ day of _______________, 2007, by and between ********** , whose place of business is at ****************, CA (“Contractor”) and the County of Amador, a political subdivision of the State of California (“County”). WHEREAS, County awarded to Contractor the following contract: Bid No. 07-12: 2007 Roadway Maintenance Sealing Project –Various Roads NOW THEREFORE, in consideration of the mutual covenants hereinafter set forth, Contractor and County agree as follows: Article I. The Work 1.1 Contractor shall provide, furnish and perform all necessary permitting and support services, construction, clean-up, and all other services of any type, provide and furnish all necessary supplies, materials and equipment (except those to be provided by County, if any) and all necessary supervision, labor, and services required for the complete construction and all necessary installation, start-up and testing required for Bid No. 07-12 for the 2007 Roadway Maintenance Sealing Project – Various Roads, as more particularly described in the Contract Documents (hereinafter, the all-inclusive obligations of Contractor set forth in this sentence shall be referred to as the “Work”). The Work shall be done and the materials furnished in accordance with the Specifications (defined below). 1.2 Contractor has reviewed the Specifications and represents that: 1.3 a) If the Work is performed in accordance therewith, the Work shall have been constructed in accordance with all applicable state, county, and municipal laws, codes, and regulations, including but not limited to, all applicable building codes, CalTrans Standard Specifications, CalTrans Standard Plans, all other applicable specifications; and b) The Specifications are sufficiently complete and detailed to permit Contractor to perform the entire Work on the basis of the Specifications and matters reasonably inferable there from for the Contract Price (defined below). If at any time during the process of the Work County desires to add to, alter, deviate from, or make omissions from the work to be performed under the Specifications, County shall be at liberty to do so and the same shall in no way affect or make void this Contract. Any such alterations, deviations, or omissions that decrease the cost of the Work shall be evaluated on a lump-sum basis and this amount shall be deducted from the Contract Price. Any such additions, alterations, deviations, or omissions that increase the cost of the Work shall be evaluated on a lump-sum basis, the amount thereof to be agreed on in writing before execution of that portion of the Work, and the amount thereof shall be added to the Contract Price. Any increase or decrease in Contract Time due to such additions, alterations, deviations, or omissions shall be added to or subtracted from the Completion Date (defined below). This Contract shall be held to be completed when the Work is finished in accordance with the Specifications, as amended by such changes. 2007 Roadway Maintenance Sealing Project Contract No. 07-12 22 of 91 Article II. Contract Time 2.1 Contractor shall begin the Work within ten (10) working days after receipt of a Notice to Proceed from the Project Manager (defined below), and shall diligently prosecute the Work to completion in strict accordance with Contract Documents. 2.2 Contractor shall carry out the Work at all times with the greatest possible dispatch and complete the entire Work under this Contract within forty-five (45) working days of the Notice to Proceed or date work begins, whichever occurs first (the “Final Completion Date”) and Crack Sealing for Site #1, #2, #3 and only Dapple Drive, Lupe Road and Surrey Junction Lane for Site #6 within twenty (20) calendar days of the Notice to Proceed (the “First Completion Date”). If Contractor fails to complete the Work by either Completion Date, then Contractor shall pay to County the cash sum of $1,500.00 per day for each day beyond the Completion Date that the work remains uncompleted. Article III. Contract Price 3.1 County shall pay Contractor for performance of the Work the sum of *********** Dollars and no Cents ($******.00), subject to additions and deductions as provided in this Contract (the "Contract Price"). 3.2 The Contract Price is all inclusive and includes all Work; all federal, state, and local taxes on materials and equipment, and labor furnished by Contractor, its subcontractors, subconsultants, architects, engineers, and vendors or otherwise arising out of Contractor’s performance of the Work, including any increases in any such taxes during the term of this Contract; and any duties, fees, and royalties imposed with respect to any materials and equipment, labor or services. The taxes covered hereby include (but are not limited to) occupational, sales, use, excise, unemployment, FICA, and income taxes, customs, duties, and any and all other taxes on any item or service that is part of the Work, whether such taxes are normally included in the price of such item or service or are normally stated separately. Notwithstanding the foregoing, each party shall bear such state or local inventory, real property, personal property or fixtures taxes as may be properly assessed against it by applicable taxing authorities. No payment at premium rates for overtime, Sunday, or holiday work shall be included in Contractor’s bills to County unless specifically authorized in advance in writing by County. Unit prices stated in the Contract shall be used to compute adjustments of the Contract Price for approved Unit Price items of the work. Such adjustments will be made by change order. 3.3 Progress payments on account of the Contract Price shall be made as follows: a) County shall make progress payments approximately every 30 days as the work proceeds, on estimates made by County of the percentage of the Work accomplished that meets the standards of quality established under the Contract, as approved by the Project Manager. b) Before the first progress payment, Contractor shall furnish, in such detail as requested by the Project Manager, a breakdown of the Contract Price showing the amount for each principal category of the work, in order to provide a basis for determining progress payments. The breakdown shall be approved by the Project Manager. If the contract covers more than one project, Contractor shall furnish a separate breakdown for each. 2007 Roadway Maintenance Sealing Project Contract No. 07-12 23 of 91 3.4 c) County shall retain ten (10) percent of the amount of progress payments until completion and acceptance of all work under the Contract. d) All material and work covered by progress payments made shall, at the time of payment become the sole property of County, but this shall not be construed as (1) relieving Contractor from the sole responsibility for all material and work upon which payments have been made or the restoration of any damaged work; or (2) waiving the right of County to require the fulfillment of all of the terms of the Contract. e) County shall make the final payment to Contractor under this Contract after (1) completion and final acceptance of all Work, and (2) presentation of release of all claims against County arising by virtue of this Contract, other than claims, in stated amounts, that Contractor has specifically excepted from the operation of the release. f) Prior to making any payment, the Project Manager may require Contractor to furnish lien releases, receipts or other evidence of payment from all persons performing work and supplying material to Contractor. Unit Prices: a) Unit Prices shall be used for the following components of the Work: Item of Work Unit of Measurement Crack Seal Lane-Miles Price per Unit of Measurement Polymer Modified Emulsified Asphaltic Square Yards Slurry Seal Rejuvenating Latex Modified Asphaltic Square Yards Emulsion Chip Seal b) Unit Prices shall include all labor, materials, tools, and equipment; all other direct and indirect costs necessary to complete the unit price component of the Work and to coordinate the Unit Price work with adjacent work, and shall include all overhead and profit. Contractor shall accept compensation computed in accordance with the Unit Prices as full compensation for furnishing such work. c) Contractor shall immediately notify Project Manager when conditions require the use of Unit Price items of work. The applicability of, measurement methods for, documentation of, and final adjustment of the Contract Price for Unit Price items of work shall be determined by the Project Manager. After performing Unit Price items of work as directed by the Project Manager, Contractor shall take necessary measurements in the presence of the Project Manager (unless waived by the Project Manager), and shall submit calculations of quantities to 2007 Roadway Maintenance Sealing Project Contract No. 07-12 24 of 91 the Project Manager for approval. Contractor shall notify the Project Manager one day in advance of taking measurements. d) 3.5 The Contract Price is based upon estimated quantities for unit price work set forth in the Invitation to Bid. The Contract Price will be adjusted by change order for any increases or decreases in quantities used for unit price work. Pursuant to Public Contract Code section 22300, at the request and expense of Contractor, securities equivalent to the amount withheld may be deposited by Contractor with the County, State Treasurer or with a state or federally chartered bank as the escrow agent, who shall release such securities to Contractor upon satisfactory completion of the Contract. Alternatively, Contractor may request, pursuant to Public Contract Code section 22300, that payment of retentions be made directly to the escrow agent. Contractor shall receive the interest earned on the investments upon the same terms provided for in section 22300 for securities deposited by the Contractor. Upon satisfactory completion of the Contract, Contractor shall receive from the escrow agent all securities, interest and payments received by the escrow agent from the County. Article IV. Project Manager 4.1 The Project Manager shall be County’s Public Works Agency Director or his or her designee. The Project Manager shall have the authority to stop work immediately on the job if hazardous or detrimental conditions are suspected, and shall represent County in all matters pertaining to this Contract except where approval by the Board of Supervisors is specifically required. Article V. Contractor’s Representations and Warranties In order to induce County to enter into this Contract, Contractor makes the following representations and warranties: 5.1 Contractor has visited the sites and has examined thoroughly and understood the nature and extent of the Work, locality, actual conditions, as built conditions, and all local conditions and federal, state and local laws and regulations that in any manner may affect cost, progress, performance or furnishing of Work or which relate to any aspect of the design and the means, methods, techniques, sequences or procedures of construction to be employed by Contractor and safety precautions and programs incident thereto. 5.2 Contractor has considered the physical conditions at or contiguous to the sites or otherwise that may affect the cost, progress, performance or furnishing of the Work, as Contractor considers necessary for the performance or furnishing of the Work at the Contract Price, within the Contract Time and in accordance with the other terms and conditions of Contract Documents. Article VI. Contract Documents 6.1 The Contract Documents comprise the entire agreement between County and Contractor concerning the Work, and consist of the following, each of which is on file in the office of the General Services Administration. All Contract Documents relating to this project are hereby made a part of and incorporated herein by reference into this Contract. The Contract Documents include: a) Notice to Bidders No. 07-12. 2007 Roadway Maintenance Sealing Project Contract No. 07-12 25 of 91 6.2 b) Construction Contract. c) That portion of the Department of Transportation (Caltrans) Standard Specifications, May 2006, that details how the physical work is to be performed, and the Special Provisions found in the Notice to Bidders #07-12 (together, the “Specifications”). d) Construction Performance Bond – Attachment C. e) Construction Labor and Material Payment Bond – Attachment D. g) Agreement and Release of Claims – Attachment A. h) Unconditional Waiver and Release Upon Progress Payment – Attachment B-1. i) Unconditional Waiver and Release Upon Final Payment – Attachment B-2. j) Conditional Waiver and Release Upon Progress Payment – Attachment B-3. k) Conditional Waiver and Release Upon Final Payment – Attachment B-4. l) Reduction of Stop Notice – Attachment B-5. m) Release of Stop Notice – Attachment B-6. There are no Contract Documents other than those listed above in this Article VI. The Contract Documents may only be amended, modified or supplemented by the Board of Supervisors. Article VII. Warranty of the Work All Work that is unsatisfactory to County in County’s reasonable judgment shall be immediately repaired, removed, and replaced with Work of a quality approved by County, without additional compensation to Contractor. Contractor guarantees that the Work will be free from faulty materials or workmanship. Upon receiving notification from County, Contractor agrees to remedy, repair, or replace, immediately, without cost to County and to County’s satisfaction, all defects, damages, or imperfections appearing in the work within a period of twelve (12) months after the date of final completion and acceptance by Project Manager of the Work. Contractor will continuously clean the jobsite and grounds around the jobsite, and keep it in a safe, orderly, and neat condition. At the completion of the Work, the jobsite will be left in a broom-clean condition. Article VIII. Insurance 8.1 Within ten (10) business days of award of the Bid to Contractor, Contractor shall furnish to County satisfactory proof that Contractor has taken out for the entire period covered by the Contract the following insurance with an insurance carrier satisfactory to County: a) Commercial Liability Insurance with $3,000,000 limit each occurrence with a $3,000,000 aggregate for Bodily Injury and Property Damage, including contractual liability, explosion, collapse and underground (XCU), broadform property damages, County’s and Contractor’s protective, and completed 2007 Roadway Maintenance Sealing Project Contract No. 07-12 26 of 91 operations coverages. Commercial Liability Insurance shall be issued on an “occurrence” form and not under a “claims made” or “modified occurrence” commercial liability form. b) Commercial Automobile Liability Insurance with $1,000,000 combined single limit each person Bodily Injury, and Property Damage, including coverage for owned, non-owned and hired vehicles. c) Workers’ Compensation and Employers’ Liability Insurance for all persons whom Contractor may employ in carrying out the Work as required by applicable law. Workers’ Compensation is $1,000,000 limit each accident and Workers’ Compensation policy shall include Employers’ Liability Insurance with limits of at least $1,000,000 each accident for bodily injury by accident, $1,000,000 policy limit for bodily injury by disease, and $1,000,000 each employee for bodily injury by disease. 8.2 Contractor shall furnish a certificate of insurance satisfactory to the Amador County Office of Risk Management, 810 Court Street, Jackson, CA 95642-9534 as evidence that the insurance required above is being maintained. Contractor agrees that the insurance required above shall be in effect at all times during the term of this Contract. In the event said insurance coverage expires at any time or times during the term of this contract, Contractor agrees to provide at least thirty (30) days prior to said expiration date, a new certificate of insurance evidencing insurance coverage as provided for herein for not less than the remainder of the term of this Agreement, or for a period of not less than one year. Certificates of insurance must be on file prior to beginning the Work with the Office of Risk Management, Amador County, 810 Court Street, Jackson, CA 95642. 8.3 Certificates of insurance must include the following provisions: 8.4 a) The insurer will not cancel the insurance coverage without thirty (30) day prior written notice to the County; and b) Commercial Liability Insurance and Commercial Automobile Liability Policies shall be endorsed to name the County of Amador, its officers, officials, employees, representatives and agents are included as additional insured, but only insofar as the operations under this Agreement are concerned. c) Contractor’s insurance coverage shall be primary insurance as respects the County, its officers, officials, employees and volunteers. Any insurance or selfinsurance maintained by the County, its officers, officials, employees, representatives or agents shall be in excess of the Contractor’s insurance and shall not contribute with it. Contractor shall require each of its subcontractors to provide insurance meeting the requirements of this section, including naming County of Amador and its respective officers, officials, employees, representatives and agents as additional insureds. Article IX. Bonds 9.1 Within ten (10) business days following award of the Bid to Contractor, Trade Contractor must file with County the following bonds: 2007 Roadway Maintenance Sealing Project Contract No. 07-12 27 of 91 a) Corporate surety bond, in the form of Attachment C to this Contract, in a sum not less than 100 percent of the Contract Price, to guarantee faithful performance of Contract (“Performance Bond”). b) Corporate surety bond, in the form of Attachment D to this Contract, in a sum not less than 100 percent of the Contract Price, to guarantee payment of wages for services engaged and of bills contracted for materials, supplies, and equipment used in performance of Contract (“Labor and Material Bond”). 9.2 Corporate sureties on these bonds and on bonds accompanying Proposals must possess a minimum rating from A. M. Best Company of A- VII; be listed as an acceptable surety on federal bonds by the United States Department of the Treasury, subject to the maximum amount shown in the listing; and be an admitted carrier in California with a valid surety license. 9.3 The Contract Price, as used to determine amounts of bonds, shall be the total amount fixed in the Contract for performance of the Work (or corrected total if errors are found). 9.4 For increases in the Contract Price by Change Orders, or otherwise, which in the aggregate equal or exceed ten percent (10%) of the Contract Price, and for all such subsequent increases in the Contract Price thereafter, Contractor shall submit to County, through Project Manager, evidence of additional bond coverage for such increases in the Contract Price. Contractor shall be compensated for such additional bond coverage. 9.5 If the successful bidder fails to sign and return to the Director of General Services Administration the Contract, and furnish the bonds in the sums specified in the Contract Documents with a surety satisfactory to County Risk Manager within ten (10) days following the award of the Bid, County may, at its option, determine that the bidder has abandoned the Contract, and thereupon the bid and the acceptance thereof shall be null and void, and the security accompanying the bid or the Contract shall be forfeited and become the property of County of Amador. 9.6 During the period covered by the Contract, if any of the sureties upon the bonds shall become insolvent or unable, in the opinion of County, to pay promptly the amount of such bonds to the extent to which surety might be liable, Contractor, within thirty (30) days after receiving written notice, shall provide supplemental bonds or otherwise substitute another and sufficient surety approved by County in place of the surety becoming insolvent or unable to pay. If Contractor fails within such thirty (30) day period to substitute another and sufficient surety, Contractor shall, if County so elects, be deemed to be in default in the performance of its obligations hereunder and upon its bid and performance bonds, and County, in addition to any and all other remedies, may terminate the Contract, bring suit or other proceedings against Contractor and the sureties, or may take such other actions as County may deem necessary to protect itself against any potential default by the surety. Article X. Work Stoppage; Termination 10.1 If Contractor at any time during the progress of the work refuses or neglects, without the fault of County, to supply sufficient materials or workers to continue or complete the Work for a period of more than two (2) calendar days after having been notified in writing by County to furnish them, County shall have the power to terminate this Contract or furnish and provide such materials and workers as are necessary to finish the work, and the reasonable expense thereof shall be deducted from the Contract Price. 2007 Roadway Maintenance Sealing Project Contract No. 07-12 28 of 91 10.2 County shall have the right at any time, when in its reasonable opinion Contractor is not in good faith carrying out the terms of this Contract, by a written notice delivered to Contractor, to require contractor to discontinue all Work under this Contract, and Contractor shall then discontinue the Work and County shall have the power to contract for completion of the work or to complete the Work itself, and to charge the cost and expense to Contractor. The expense so charged shall be deducted and paid by County out of money that either may be due or may at any time thereafter become due to Contractor under this Contract. County shall pay Contractor the lesser of the reasonable value of the Work completed by Contractor to the date of the notice to discontinue the work or the portion of the Contract Price allocable thereto. 10.3 County shall have the right at any time, for its own convenience, to discontinue permanently the Work being done under this Contract by sending a written notice to Contractor to do so, and Contractor shall then discontinue the Work. In this event, Owner shall pay to Contractor the full amount (including retention) to which Contractor shall be entitled for all Work done by Contractor up to the time of such discontinuance. Article XI. Miscellaneous 11.1 It is understood and agreed that in no instance is any party, signing this Contract for or on behalf of County or acting as an employee or representative of County, liable on this Contract, or upon any warranty of authority, or otherwise, and it is further understood and agreed that liability of County is limited and confined to such liability as authorized or imposed by the Contract Documents or applicable law. 11.2 The successful bidder shall not discriminate against any employee or applicant for employment because of race, creed, color, national origin or ancestry, physical handicap, mental condition, marital status or sex. Contractor will comply with Section 1735 of the Labor Code and all provisions of Executive Order No 10925 of March 6, 1961, as amended, and all rules, regulations and relevant orders of the President's Committee on Equal Opportunity created thereby. Contractor shall also comply with the California Fair Employment and Housing Act (Government Code, Section 12900 and following). 11.3 Contractor agrees to adhere to County's policy regarding Alcohol-Free and Drug-Free Workplace while working on County premises by executing said policy attached to the General Conditions and incorporated herein as part of this Contract. 11.4 All material resulting from removal work, except as specified otherwise, shall become the property of Contractor and shall be disposed of in accordance with Federal, State and local regulations and the Contract Documents. 11.5 This Contract shall not be assigned nor shall any work to be performed herein by Contractor or Subcontractor or money due or to become due be assigned without express written consent by the Board of Supervisors of Amador County. 11.6 Contractor shall indemnify, defend (upon the request of County) and hold harmless County and County's agents, board members, elected and appointed officials and officers, employees, volunteers and authorized representatives from any and all losses, liabilities, charges, damages, claims, liens, causes of action, awards, judgments, costs, and expenses (including, but not limited to, reasonable attorney's fees of County Counsel and counsel retained by County, expert fees, costs and staff time, and investigation costs) of whatever kind or nature (collectively "Claims"), that arise out of or are in any way connected with the performance of this Contract by Contractor or Contractor's officers, agents, employees, independent contractors, 2007 Roadway Maintenance Sealing Project Contract No. 07-12 29 of 91 subcontractors, or authorized representatives, except where caused by the sole negligence, active negligence or willful misconduct of County. Without limiting the generality of the foregoing, the same shall include injury, or death to any person or persons, damage to any property, regardless of where located, including the property of County, and any workers' compensation claim or suit arising from or connected with any services performed pursuant to this Contract on behalf of Contractor by any person or entity. 11.7 In entering into a public contract or a subcontract to supply goods, services or materials pursuant to a public contract, Contractor or subcontractor offers and agrees to assign to the awarding body all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act, (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time County tenders final payment to Contractor, without further acknowledgment by the parties. 11.8 The Work is a “public work” as defined in the California Labor Code, for which payment of prevailing wages is required. Copies of the general prevailing rates of per diem wages for each craft, classification, or type of worker needed to execute the Contract, as determined by Director of the State of California Department of Industrial Relations, are available on file at County office, and shall be made available to any interested party on request. 11.9 Pursuant to Government Code section 8546.7, the performance of any work under this Contract is subject to the examination and audit of the State Auditor at the request of County or as part of any audit of County for a period of three years after final payment under the Contract. Each party hereto shall retain all records relating to the performance of the Work and the administration of the Contract for three-years after final payment hereunder. 11.10 Pursuant to Labor Code section 1813, Contractor shall pay a penalty of Twenty-Five Dollars ($25) per day for each worker employed on the Work for more than eight hours in any one calendar day or forty hours in any calendar week unless overtime compensation is paid in conformance with the provisions of the Labor Code. 11.11 Claims under this Contract are subject to the claims resolution procedures set forth in Public Contracts Code section 20104 et seq. These procedures require, among other items, that (i) the claim must be filed in writing with substantiating documentation before the date of final payment; (ii) County must respond in writing within 45 days if the claim is less than $50,000 or 60 days if the claim is in excess of $50,000 up to $375,000; (iii) if the claim is not resolved, Contractor may demand an informal conference to meet and confer for settlement of the issues in dispute; and (iv) if the issues are not resolved after the informal conference, Contractor may file a claim as provided in Government Code section 900 et seq. 11.12 This Contract may be amended only by written agreement executed by both County and Contractor. Notwithstanding the foregoing, County may issue change orders in conformance with this Contract. Alterations, modifications or extras (“modifications”) that result in a change in the Contract Price or Completion Date, or both, shall be effected by a written change order that has been approved by Project Manager for amounts not to exceed $7,500 per modification of the Contract Price. Modifications for amounts exceeding $7,500 up to $25,000 per change may be approved and signed by the County Administrative Officer. Modifications in excess of those amounts for individual change orders, or any change order that in the aggregate with other change orders exceeds 10% of the Contract Price, must be approved by the Board of Supervisors. 2007 Roadway Maintenance Sealing Project Contract No. 07-12 30 of 91 11.13 In the event of a conflict between this Contract and the Specifications, this Contract shall prevail. 11.14 This Contract shall be deemed to have been entered into in the County of Amador, and governed in all respects by California law. IN WITNESS WHEREOF the parties to these presents have hereunto set their hands and seals and have executed this contract in quadruplicate the day and year first above written. COUNTY OF AMADOR: CONTRACTOR: By: ________________________________ Chairman, Board of Supervisors By: _________________________________ Title:_________________________________ Federal I.D. number_____________________ APPROVED AS TO FORM: MARTHA JEANNE SHAVER County Counsel of Amador County ATTEST: JENNIFER BURNS Clerk of the Board of Supervisors By: ________________________________ By: _________________________________ 2007 Roadway Maintenance Sealing Project Contract No. 07-12 31 of 91 ATTACHMENT “A” AGREEMENT AND RELEASE OF CLAIMS This Agreement and Release of Claims (“Agreement and Release”), made and entered into this [DATE] day of [MONTH], [YEAR], by and between the County of Amador (“County”), and [Name of Contractor (“Contractor”)], whose place of business is at [Address of Contractor]. RECITALS A. On ___________, 2007, County and Contractor entered into a contract (the “Contract”) in the County of Amador, State of California, whereby Contractor agreed to perform certain work (the “Work”) constituting the Crack Sealing, Slurry Sealing and/or Chip Sealing of various County roads and all the necessary components to perform this work. B. The Work under the Contract has been completed. Now, therefore, it is mutually agreed between County and Contractor as follows: AGREEMENT 1. Contractor will not be assessed damages except as detailed below: Original Contract Sum $______________________________________ Modified Contract Sum $______________________________________ Payment to Date $______________________________________ Damages $______________________________________ Payment Due Contractor $ 2. Subject to the provisions of this Agreement and Release, County shall forthwith pay to Contractor the sum of______________________ Dollars and ___________Cents ($___________) under the Contract, less any amounts withheld under the Contract or represented by any Notice to Withhold Funds on file with County as of the date of such payment. 3. Contractor acknowledges and hereby agrees that there are no unresolved or outstanding claims in dispute against County arising from the performance of work under the Contract, except for (i) the Disputed Claims described in Paragraph 4 below, and (ii) continuing obligations described in Paragraph 6 below. It is the intention of the parties in executing this Agreement and Release that this Agreement and Release shall be effective as a full, final and general release of all claims, demands, actions, causes of action, obligations, costs, expenses, damages, losses and liabilities of Contractor against County, all its respective agents, employees, inspectors, assignees and transferees except for the Disputed Claims set forth in Paragraph 4 below and continuing obligations described in Paragraph 6 below. 4. The following claims are disputed (hereinafter, the “Disputed Claims”) and are specifically excluded from the operation of this Agreement and Release: Claim No. Date Submitted Description of Claim Amount of Claim [Insert information, including attachments if necessary] 5. Consistent with California Public Contract Code section 7100, Contractor hereby agrees that, in consideration of the payment set forth in Paragraph 2, above, Contractor hereby releases and forever discharges County, all its agents, employees, inspectors, assignees and transferees from any and all liability, claims, demands, actions or causes of action of whatever kind or nature arising out of or in any way concerned with the work under the Contract, except for the Disputed Claims. 6. Guarantees and warranties for the Work, and any other continuing obligation of Contractor, shall remain in full force and effect as specified in the Contract Documents. 7. Contractor shall immediately defend, indemnify and hold harmless County, all its respective agents, employees, inspectors, assignees and transferees from any and all claims, demands, actions, causes of action, obligations, costs, expenses, damages, losses and liabilities that may be asserted against them by any of Contractor’s suppliers and/or 2007 Roadway Maintenance Sealing Project Contract No. 07-12 32 of 91 Subcontractors of any tier and/or any suppliers to them for any and all labor, materials, supplies and equipment used, or contemplated to be used in the performance of the Contract, except for the Disputed Claims. 8. Contractor hereby waives the provisions of California Civil Code Section 1542, which provides as follows: A general release does not extend to claims, which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him, must have materially affected his settlement with the debtor. 9. The provisions of this Agreement and Release are contractual in nature and not mere recitals and shall be considered independent and severable, and if any such provision or any part thereof shall be at any time held invalid in whole or in part under any federal, state, county, municipal or other law, ruling or regulations, then such provision, or part thereof shall remain in force and effect only to the extent permitted by law, and the remaining provisions of this Agreement and Release shall also remain in full force and effect, and shall be enforceable. 10. All rights of County shall survive completion of the Work or termination of Contract, and execution of this Release. *** CAUTION: THIS IS A RELEASE - READ BEFORE EXECUTING *** COUNTY OF AMADOR CONTRACTOR: BY:________________________________ Chairman, Board of Supervisors BY:_________________________________ Principal APPROVED AS TO FORM: MARTHA JEANNE SHAVER Title: ________________________________ Name: (please print) ___________________ BY: ________________________________. County Counsel ATTEST: JENNIFER BURNS, Clerk of the Board Of Supervisors, Amador County, California BY:__________________________________ 2007 Roadway Maintenance Sealing Project Contract No. 07-12 33 of 91 ATTACHMENT “B-1” UNCONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT The undersigned has been paid in full for all labor, services, equipment, or material furnished to on the project of the County of Amador located on (name of contractor or subcontractor) and does hereby release any lien, stop notice, or bond (project name and location) right that the undersigned has on the above reference project to the following extent. This release covers a progress payment for labor, services, equipment or material furnished to (name of contractor or subcontractor) through only and does not cover any retentions retained before or after the release date; extras furnished before the release date for which payment has not been received; extras or items furnished after the release date. Rights based upon work performed or items furnished under a written change order which has been fully executed by the parties prior to the release date are covered by this release unless specifically reserved by the claimant in this release. This release of lien, stop notice, or bond right shall not otherwise affect the contract rights, including rights between the parties to the contract based upon a rescission, abandonment, or breach of the contract, or the right of the undersigned to recover compensation for furnished labor, services, equipment, or material covered by this release if that furnished labor, services, equipment, or material was not compensated by the progress payment. Before any recipient of this document relies on it, that party should verify evidence of payment to the undersigned. Dated: (Company Name) By: Title: NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM. 2007 Roadway Maintenance Sealing Project Contract No. 07-12 34 of 91 ATTACHMENT “B-2” UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT The undersigned has been paid in full for all labor, services, equipment or material furnished to on the project of the County of Amador located at (name of contractor or subcontractor)) and does hereby waive and release any right to a (project name and location) mechanic’s lien, stop notice, or any right against a labor and material bond on the project, except for disputed claims for extra work in the amount of $ . Dated: (Company Name) By: Title: NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A CONDITIONAL RELEASE FORM. 2007 Roadway Maintenance Sealing Project Contract No. 07-12 35 of 91 ATTACHMENT “B-3” CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT Upon receipt by the undersigned of a check from (name of contractor or subcontractor) in the sum of $ payable to (amount of check) (payee or payees of check) and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective to release any mechanic’s lien, stop notice or bond right the undersigned has on the project of the County of Amador located at (project name and location) to the following extent. This release covers a progress payment for labor, services, equipment, or material furnished to through (name of contractor or subcontractor) (date) only and does not cover any retentions retained before or after the release date; extras furnished before the release date for which payment has not been received; extras or items furnished after the release date. Rights based upon work performed or items furnished under a written change order which has been fully executed by the parties prior to the release date are covered by this release unless specifically reserved by the claimant in this release. This release of any lien, stop notice, or bond right shall not otherwise affect the contract rights, including rights between the parties to the contract based upon a rescission, abandonment, or breach of the contract, or the right of the undersigned to recover compensation for furnished labor, services, equipment, or material covered by this release if that furnished labor, services, equipment, or material was not compensated by the progress payment. Before any recipient of this document relies on it, that party should verify evidence of payment to the undersigned. Dated: (Company Name) By: Title: 2007 Roadway Maintenance Sealing Project Contract No. 07-12 36 of 91 ATTACHMENT “B-4” CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT Upon receipt by the undersigned of a check from (name of contractor or subcontractor) in the sum of $ payable to (amount of check) (payee or payees of check) and when the check has been properly endorsed and has been paid by the bank upon which it is drawn, this document shall become effective to release any mechanic’s lien, stop notice or bond right the undersigned has on the project of the County of Amador located at (project name and location) This release covers the final payment to the undersigned for all labor, services, equipment or material furnished on the job, except for disputed claims for extra work in the amount of $ . Before any recipient of this document relies on it, said party should verify evidence of payment to the undersigned. Dated: (Company Name) By: Title: 2007 Roadway Maintenance Sealing Project Contract No. 07-12 37 of 91 ATTACHMENT “B-5” REDUCTION OF STOP NOTICE CIVIL CODE § 3262 NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. SEEK LEGAL ADVICE PRIOR TO SIGNING THIS DOCUMENT. TO: THE COUNTY OF AMADOR The Stop Notice claimed by ____________________________________ on that project known (Enter Claimant – Name of Person or Firm Claiming Stop Notice) as _______________________________________________ against the County of Amador (Enter Name of Project as it Appears on Stop Notice) dated _____________is hereby partially reduced in the amount of _______________________. (Date of Stop Notice) (Total Amount to be Reduced) The remaining balance of the stop notice is $_____________________. Dated:__________________ Firm Name___________________________ (Enter Name as it Appears on Stop Notice) By:_________________________________ (Owner or Agent of Stop Notice Claimant Must Sign Here and Verify Below) NOTE: This reduction: (1) shall not preclude the service of a subsequent stop notice that is timely and proper; (2) shall release the owner from any obligation to withhold money on account of the Stop Notice, to the extent of the reduction; (3) shall be effective to release claimant’s right to enforce the Stop Notice, to the extent of the reduction; and (4) shall not operate as a release of any right that the claimant may have, other than the claimant’s right to enforce the Stop Notice, to the extent of the reduction. Verification I, the undersigned, say: I am the ________________________(president/ owner/ manager/ etc.) of the Claimant of the above-referenced Stop Notice. I have read this Reduction of Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on _______________, 200___, at _________________________, California. (Personal signature of individual who is verifying contents of release) 2007 Roadway Maintenance Sealing Project Contract No. 07-12 38 of 91 ATTACHMENT “B-6” RELEASE OF STOP NOTICE CIVIL CODE § 3262 NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. SEEK LEGAL ADVICE PRIOR TO SIGNING THIS DOCUMENT. TO: THE COUNTY OF AMADOR The Stop Notice claimed by ____________________________________ on that project known (Enter Claimant – Name of Person or Firm Claiming Stop Notice) as _______________________________________________ against the County of Amador (Enter Name of Project as it Appears on Stop Notice) dated _____________is fully released in the amount of $_________________. (Date of Stop Notice) Dated:__________________ (Total Amount to be Released) Firm Name___________________________ (Enter Name as it Appears on Stop Notice) By:__________________________________ (Owner or Agent of Stop Notice Claimant Must Sign Here and Verify Below) NOTE: This release: (1) shall not preclude the service of a subsequent stop notice that is timely and proper; (2) shall release the owner from any obligation to withhold money on account of the Stop Notice, to the extent of the reduction or release; (3) shall be effective to release claimant’s right to enforce the Stop Notice, to the extent of the reduction or release; and (4) shall not operate as a release of any right that the claimant may have, other than the claimant’s right to enforce the Stop Notice, to the extent of the reduction or release. Verification I, the undersigned, say: I am the ________________________(president/ owner/ manager/ etc.) of the Claimant of the above-referenced Stop Notice. I have read this Release of Stop Notice and know the contents thereof; the same is true of my own knowledge. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed on _______________, 200___, at _________________________, California. (Personal signature of individual who is verifying contents of release) 2007 Roadway Maintenance Sealing Project Contract No. 07-12 39 of 91 ATTACHMENT “C” CONSTRUCTION PERFORMANCE BOND This Construction Performance Bond (“Bond”) is dated _________________, 2007, is in the penal sum of $______________________, and is entered into by and between the parties listed below to ensure the faithful performance of the Construction Contract listed below. The Bond consists of this page and the Bond Terms and Conditions, Paragraphs 1 through 12, attached to this page. Any singular reference to __________________________________ (“Contractor”), ___________________________________ (“Surety”), County of Amador (“County”) or other party shall be considered plural where applicable. CONTRACTOR: SURETY: Firm Name: _____________________________ Firm Name: ________________________________ Address: ________________________________ ________________________________ Address of Principal Place of Business: ___________________________ ___________________________ COUNTY OF AMADOR 810 Court Street Jackson, CA 95642 Project Manager: Barbara Belvoir, Senior Project Engineer Construction Contract: 2007 Roadway Maintenance Sealing Project - Various County Roads Bid No. 07-12 Location: Amador County Construction Contract dated _____________, 2007 in the amount of $_______________________. CONTRACTOR AS PRINCIPAL Company: (Corp. Seal) SURETY Company: (Corp. Seal) Signature: ________________________________ Name and Title Signature:_________________________________ Name and Title 2007 Roadway Maintenance Sealing Project Contract No. 07-12 40 of 91 BOND TERMS AND CONDITIONS 1. 2. 3. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to County for the complete and proper performance of the Construction Contract, which is incorporated herein by reference. If Contractor completely and properly performs all of its obligations under the Construction Contract, Surety and Contractor shall have no obligation under this Bond. If there is no County Default, Surety’s obligation under this Bond shall arise after: 3.1 County has declared a Contractor Default under the Construction Contract pursuant to the terms of the Construction Contract; and 3.2. County has agreed to pay the Balance of the Contract Sum to: 3.2.1 Surety in accordance with the terms of this Bond and the Construction Contract, or 3.2.2 To a contractor selected to perform the Construction Contract in accordance with the terms of this Bond and the Construction Contract. 4. 5. When County has satisfied the conditions of Paragraph 3, Surety shall promptly (within thirty (30) days) and at Surety’s expense elect to take one of the following actions: 4.1 Arrange for Contractor, with consent of County, to perform and complete the Construction Contract (but County may withhold consent, in which case Surety must elect an option described in paragraphs 4.2, 4.3 or 4.4, below); or 4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or 4.3 Obtain bids from qualified contractors acceptable to County for a contract for performance and completion of the Construction Contract, and, upon determination by County of the lowest responsible bidder, arrange for a contract to be prepared for execution by County and the contractor selected with County’s concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract; and, if Surety’s obligations defined in Paragraph 6, below, exceed the Balance of the Contract Sum, then Surety shall pay to County the amount of such excess; or 4.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances, and, after investigation and consultation with County, determine in good faith the amount for which it may then beliable to County under Paragraph 6, below, for the performance and completion of the Construction Contract and, as soon as practicable after the amount is determined, tender payment therefor to County with full explanation of the payment’s calculation. If County accepts Surety’s tender under this paragraph 4.4, County may still hold Surety liable for future damages then unknown or unliquidated resulting from Contractor Default. If County disputes the amount of Surety’s tender under this paragraph 4.4, County may exercise all remedies available to it at law to enforce Surety’s liability under paragraph 5 below. If Surety does not proceed as provided in Paragraph 4, above, then Surety shall be deemed to be in default on this Bond ten (10) days after receipt of an additional written notice from County to Surety demanding 2007 Roadway Maintenance Sealing Project Contract No. 07-12 41 of 91 that Surety perform its obligations under this Bond. At all times County shall be entitled to enforce any remedy available to County at law or under the Construction Contract including, without limitation, and by way of example only, rights to perform work, protect work, mitigate damages, or coordinate work with other consultants or contractors. 6. Surety’s monetary obligation under this Bond is limited by the amount of this Bond. Subject to these limits, Surety’s obligations under this Bond are commensurate with the obligations of Contractor under the Construction Contract. Surety’s obligations shall include, but are not limited to: 6.1 The responsibilities of Contractor under the Construction Contract for completion of the Construction Contract and correction of defective work; 6.2 The responsibilities of Contractor under the Construction Contract to pay liquidated damages, and for damages for which no liquidated damages are specified in the Construction Contract, actual damages caused by non-performance of the Construction Contract, including but not limited to all valid and proper backcharges, offsets, payments, indemnities, or other damages, 6.3 Additional legal, design professional and delay costs resulting from the Contractor Default or resulting from the actions or failure to act of Surety under Paragraph 4, above. 7. No right of action shall accrue on this Bond to any person or entity other than County or its heirs, executors, administrators, or successors. 8. Surety hereby waives notice of any change, alteration or addition to the Construction Contract or to related subcontracts, purchase orders and other obligations, including changes of time. Surety consents to all terms of the Construction Contract, including provisions on changes to the Contract. No extension of time, change, alteration, modification, deletion, or addition to the Contract Documents, or of the work required thereunder, shall release or exonerate Surety on this Bond or in any way affect the obligations of Surety on this Bond. 9. Any proceeding, legal or equitable, under this Bond shall be instituted in any court of competent jurisdiction where a proceeding is pending between County and Contractor regarding the Construction Contract, or in the courts of the County of Amador, or in a court of competent jurisdiction in the location in which the work is located. 10. Notice to Surety, County or Contractor shall be mailed or delivered to the address shown on the signature page. 11. Any provision in this Bond conflicting with any statutory or regulatory requirement shall be deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed incorporated herein. 12. Definitions: 12.1 Balance of the Contract Sum: The total amount payable by County to Contractor pursuant to the terms of the Construction Contract after all proper adjustments have been made under the Construction Contract, for example, deductions for progress payments made, and increases/decreases for approved modifications to the Construction Contract. 12.2 Construction Contract: The agreement between County and Contractor identified on the signature page, including all Contract Documents and changes thereto. 2007 Roadway Maintenance Sealing Project Contract No. 07-12 42 of 91 12.3 Contractor Default: Material failure of Contractor, which has neither been remedied nor waived, to perform or otherwise to comply with the terms of the Construction Contract, including but not limited to the provisions of Paragraph 1.13.G of the General Conditions. 12.4 County Default: Material failure of County, which has neither been remedied nor waived. to pay Contractor progress payments due under the Construction Contract or to perform other material terms of the Construction Contract, if such failure is the cause of the asserted Contractor Default and is sufficient to justify Contractor termination of the Construction Contract. END OF DOCUMENT 2007 Roadway Maintenance Sealing Project Contract No. 07-12 43 of 91 ATTACHMENT “D” CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND This Construction Labor and Material Payment Bond (“Bond”) is dated _________________, 2007, is in the penal sum of $______________________, and is entered into by and between the parties listed below to ensure the payment of claimants under the Construction Contract listed below. The Bond consists of this page and the Bond Terms and Conditions, Paragraphs 1 through 13, attached to this page. Any singular reference to __________________________________ (“Contractor”), ______________________________________ (“Surety”), County of Amador (“County”) or other party shall be considered plural where applicable. CONTRACTOR: SURETY: Firm Name: _____________________________ Firm Name: ________________________________ Address: ________________________________ ________________________________ Address of Principal Place of Business: ___________________________ ___________________________ COUNTY OF AMADOR 810 Court Street Jackson, CA 95642 Project Manager: Barbara Belvoir, Senior Project Engineer Construction Contract: 2007 Roadway Maintenance Sealing Project - Various County Roads Bid No. 07-12 Location: Amador County Construction Contract dated _____________, 2007 in the amount of $_______________________. CONTRACTOR AS PRINCIPAL Company: (Corp. Seal) SURETY Company: (Corp. Seal) Signature: ________________________________ Name and Title Signature:_________________________________ Name and Title 2007 Roadway Maintenance Sealing Project Contract No. 07-12 44 of 91 BOND TERMS AND CONDITIONS 1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to County and to Claimants to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference. 2. With respect to County, this obligation shall be null and void if Contractor: 2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants; and 2.2 Defends, indemnifies and holds harmless County from all claims, demands, liens or suits by any person or entity who furnished labor, materials or equipment for use in the performance of the Construction Contact, provided County has promptly notified Contractor and Surety (at the address described in Paragraph 10) of any claims, demands, liens or suits and tendered defense of such claims, demands, liens or suits to Contractor and Surety, and provided there is no County Default. 3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment, directly or indirectly through its subcontractors, for all sums due Claimants. However, if Contractor or its subcontractors fail to pay any of the persons named in Section 3181 of the California Civil Code, or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Construction Contract, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of Contractor or subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, then Surety will pay for the same and also, in case suit is brought upon this bond, a reasonable attorneys’ fee, to be fixed by the court. 4. Consistent with the California Mechanic’s Lien Law, Civil Code §3082, et seq., Surety shall have no obligation to Claimants under this Bond unless the Claimant has satisfied all applicable notice requirements. 5. Surety’s total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be credited for any payments made in good faith by Surety under this Bond. 6. Amounts due Contractor under the Construction Contract shall be applied first to satisfy claims, if any, under any Construction Performance Bond and second, to satisfy obligations of Contractor and Surety under this Bond. 7. County shall not be liable for payment of any costs, expenses, or attorneys’ fees of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or otherwise have obligations to Claimants under this Bond. 8. Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. 9. Suit against Surety on this Payment Bond may be brought by any Claimant, or its assigns, at any time after the Claimant has furnished the last of the labor or materials, or both, but, per Civil Code §3249, must be commenced before the expiration of six months after the period in which stop notices may be filed as provided in Civil Code §3184. 10. Notice to Surety, County or Contractor shall be mailed or delivered to the address shown on the signature page. Actual receipt of notice by Surety, County or Contractor, however accomplished, shall be sufficient compliance as of the date received at the address shown-on the signature page. 2007 Roadway Maintenance Sealing Project Contract No. 07-12 45 of 91 11. This Bond has been furnished to comply with the California Mechanic’s Lien Law, including, but not limited to, Civil Code §§3247, 3248, et seq. Any provision in this Bond conflicting with said statutory requirements shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirements shall be deemed incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common law bond. 12. Upon request by any person or entity appearing to be a potential beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond or shall permit a copy to be made. 13. DEFINITIONS 13.1.1 Claimant: An individual or entity having a direct contract with Contractor or with a subcontractor of Contractor to furnish labor, materials or equipment for use in the performance of the Construction Contract, as further defined in California Civil Code §3181. The intent of this Bond shall be to include without limitation in the terms “labor, materials or equipment” that part of water, gas. power, light, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of Contractor and Contractor’s subcontractors, and all other items for which a stop notice might be asserted. The term Claimant shall also include the Unemployment Development Department as referred to in Civil Code §3248(b). 13.1.2 Construction Contract: The agreement between County and Contractor identified on the signature page, including all Contract Documents and changes thereto. 13.1.3 County Default: Material failure of County, which has neither been remedied nor waived, to pay Contractor as required by the Construction Contract, provided that failure is the cause of the failure of Contractor to pay the Claimants and is sufficient to justify Contractor termination of the Construction Contract. END OF DOCUMENT 2007 Roadway Maintenance Sealing Project Contract No. 07-12 46 of 91 AMADOR COUNTY PUBLIC WORKS AGENCY _____________________________ SPECIAL PROVISIONS SECTION 1. SPECIFICATIONS AND PLANS The work embraced herein shall conform to the provisions in the Standard Specifications dated May 2006, of the Department of Transportation insofar as the same may apply, and these special provisions. In case of conflict between the Standard Specifications and these special provisions, the special provisions shall take precedence over and shall be used in lieu of the conflicting portions. Amendments to the Standard Specifications set forth in these special provisions shall be considered as part of the Standard Specifications for the purposes set forth in Section 5-1.04, "Coordination and Interpretation of Plans, Standard Specifications and Special Provisions," of the Standard Specifications. Whenever either the term "Standard Specifications is amended" or the term "Standard Specifications are amended" is used in the special provisions, the indented text or table following the term shall be considered an amendment to the Standard Specifications. In case of conflict between such amendments and the Standard Specifications, the amendments shall take precedence over and be used in lieu of the conflicting portions. DEFINITIONS AND TERMS As used herein, unless the context otherwise requires, the following terms have the following meaning: Contractor. The successful Bidder whose Bid Proposal is accepted by the Board of Supervisors of the County of Amador and to whom the Contract is awarded by the Board. County. The County of Amador, a political subdivision of the State of California. Department of Transportation . The Board of Supervisors of the County of Amador, State of California. Department. The Amador County Public Works Agency. Director of Transportation. The Amador County Public Works Director. Project Manager or County Project Manager. The Amador County Public Works Director, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties entrusted to them. 2007 Roadway Maintenance Sealing Project Contract No. 07-12 47 of 91 Transportation Laboratory. The established laboratory of the Materials and Research Department of Transportation of the State of California. Laboratory. Laboratories authorized by the Project Manager to test materials and work involved in the contract. Owner. The County of Amador. State of California. The County of Amador. Transportation Building. Amador County Public Works Agency 810 Court Street, Jackson, CA 95642 State Highway Project Manager. The County Project Manager. Standard Specifications. The May 2006 edition of the Standard Specifications 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. 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,” of the Standard Specifications and these special provisions for the requirements and conditions which he must observe in the preparation of the proposal form and the submission of the bid. The first sentence of the second paragraph in Section 2-1.05, “Proposal Forms,” of the Standard Specifications is amended to read: The proposal form is bound together with the contract. 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 included in the Proposal bound in these specifications and shall be properly filled out and executed. The form of bid 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 (or page P-11). In accordance 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. 2007 Roadway Maintenance Sealing Project Contract No. 07-12 48 of 91 2-1.02 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS Each proposal shall have listed therein the name and address of each subcontractor to whom the bidder proposed to subcontract portions of the work, in an amount in excess of one-half of one percent 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. The bidder’s attention is invited to other provisions of said Act related to the impositions of penalties for a failure to observe its provisions by using unauthorized subcontractors or by making unauthorized substitutions. A sheet for listing the subcontractors, as required herein, is included in the Proposal, page 9. SECTION 3. AWARD AND EXECUTION OF CONTRACT The Bidder’s attention is directed to the provisions in Section 3, “Award and Execution of Contract,” of the Standard Specifications and these Special Provisions for the requirements and conditions concerning award and execution of the contract for the work included in this contract. The award of the contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed. SECTION 4. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES Attention is directed to the provisions in Section 8-1.03, "Beginning of Work," in Section 8-1.06, "Time of Completion," and in Section 8-1.07, "Liquidated Damages," of the Standard Specifications and these special provisions. The Contractor shall begin work within 10 calendar days after the contract has been approved by the County and receipt of Notice to Proceed. The work shall be diligently prosecuted to completion before the expiration of 45 WORKING DAYS of the Notice to Proceed or date work begins, whichever occurs first (the “Final Completion Date”) and Crack Sealing for Site #1, #2, #3 and only Dapple Drive, Lupe Road and Surrey Junction Lane for Site #6 within twenty (20) calendar days of the Notice to Proceed (the “First Completion Date”). The Contractor shall pay to the County of Amador the sum of $ 1,500 per day, for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above. The 72 hours advance notice before beginning work specified in Section 8-1.03, "Beginning of Work," of the Standard Specifications is changed to 5 days advance notice for this project. 2007 Roadway Maintenance Sealing Project Contract No. 07-12 49 of 91 SECTION 5. GENERAL SECTION 5-1. MISCELLANEOUS 5-1.01 PLANS AND WORKING DRAWINGS Locations of the work to be performed is listed in Appendix B: “LIST OF PROJECT LOCATIONS AND DETAILED SCOPE OF WORK” attached herewith. When the specifications require working drawings to be submitted to the Division of Structure Design, the drawings shall be submitted to: Amador County, Department of Public Works, 810 Court Street, Jackson, CA 95642, Telephone 209-223-6429. 5-1.02 EXAMINATION OF PLANS, SPECIFICATIONS, CONTRACT, AND SITE OF WORK Attention is directed to "Differing Site Conditions" of these special provisions regarding physical conditions at the site which may differ from those indicated in "Materials Information," log of test borings or other geotechnical information obtained by the Department's investigation of site conditions. 5-1.03 DIFFERING SITE CONDITIONS Attention is directed to Section 5-1.116, "Differing Site Conditions," of the Standard Specifications. During the progress of the work, if subsurface or latent conditions are encountered at the site differing materially from those indicated in the "Materials Information," log of test borings, other geotechnical data obtained by the Department's investigation of subsurface conditions, or an examination of the conditions above ground at the site, the party discovering those conditions shall promptly notify the other party in writing of the specific differing conditions before they are disturbed and before the affected work is performed. The Contractor will be allowed 15 days from the notification of the Project Manager's determination of whether or not an adjustment of the contract is warranted, in which to file a notice of potential claim in conformance with the provisions of Section 9-1.04, "Notice of Potential Claim," of the Specifications and as specified herein; otherwise the decision of the Project Manager shall be deemed to have been accepted by the Contractor as correct. The notice of potential claim shall set forth in what respects the Contractor's position differs from the Project Manager's determination and provide any additional information obtained by the Contractor, including but not limited to additional geotechnical data. The notice of potential claim shall be accompanied by the Contractor's certification that the following were made in preparation of the bid: a review of the contract, a review of the "Materials Information,” a review of the log of test borings and other records of geotechnical data to the extent they were made available to bidders prior to the opening of bids, and an examination of the conditions above ground at the site. Supplementary information, obtained by the Contractor subsequent to the filing of the notice of potential claim, shall be submitted to the Project Manager in an expeditious manner. 5-1.04 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. 2007 Roadway Maintenance Sealing Project Contract No. 07-12 50 of 91 The noise level from the Contractor’s operations, between the hours of 9:00 p.m. and 6:00 a.m., shall not exceed 85 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. 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 therefore. 5-1.05 LINES AND GRADES Attention is directed to Section 5-1.07, "Lines and Grades," of the Standard Specifications. Stakes or marks will be set by the Project Manager in conformance with the requirements in Chapter 12, "Construction Surveys," of the Department's Surveys Manual. 5-1.06 LABORATORY When a reference is made in the specifications to the "Laboratory," the reference shall mean other laboratories authorized by the Department to test materials and work involved in the contract. When a reference is made in the specifications to the "Transportation Laboratory," the reference shall mean Division of Engineering Services - Materials Engineering and Testing Services and Division of Engineering Services - Geotechnical Services, located at 5900 Folsom Boulevard, Sacramento, CA 95819, Telephone (916) 227-7000. 5-1.07 CONTRACT BONDS Attention is directed to Section 3-1.02, "Contract Bonds," of the Standard Specifications and these special provisions. The payment bond shall be in a sum not less than one hundred percent of the total amount payable by the terms of the contract. 5-1.08 PREVAILING WAGE Attention is directed to Section 7-1.01A(2), "Prevailing Wage," of the Standard Specifications. The general prevailing wage rates determined by the Director of Industrial Relations, for the county or counties in which the work is to be done, are available on the world wide web at www.dir.ca.gov/dlsr/pwd. The Prevailing Wage determination effective February 22, 2007 shall apply for this contract. 2007 Roadway Maintenance Sealing Project Contract No. 07-12 51 of 91 5-1.09 LABOR NONDISCRIMINATION Attention is directed to the following Notice that is required by Chapter 5 of Division 4 of Title 2, California Code of Regulations. NOTICE OF REQUIREMENT FOR NONDISCRIMINATION PROGRAM (GOV. CODE, SECTION 12990) Your attention is called to the "Nondiscrimination Clause", set forth in Section 7-1.01A(4), "Labor Nondiscrimination," of the Standard Specifications, which is applicable to all nonexempt State contracts and subcontracts, and to the "Standard California Nondiscrimination Construction Contract Specifications" set forth therein. The specifications are applicable to all nonexempt State construction contracts and subcontracts of $5000 or more. 5-1.10 EXCLUSION OF RETENTION In conformance with 49 CFR, Part 26, Subpart B, Section 26.29 (b)(1), the retention of proceeds required by Public Contract Code Section 10261 shall not apply. In conformance with Public Contract Code 7200 (b), in subcontracts between the Contractor and a subcontractor and in subcontracts between a subcontractor and any subcontractor thereunder, retention proceeds shall not be withheld, and the exceptions provided in Public Contract Code 7200 (c) shall not apply. At the option of the Contractor, subcontractors may be required to furnish payment and performance bonds issued by an admitted surety insurer. The third paragraph of Section 9-1.06, "Partial Payments," of the Standard Specifications, and Section 9-1.065, "Payment of Withheld Funds," of the Standard Specifications shall not apply. 5-1.11 UNSATISFACTORY PROGRESS If the number of working days charged to the contract exceeds 75 percent of the working days in the current time of completion and the percent working days elapsed exceeds the percent work completed by more than 15 percentage points, the Department will withhold 10 percent of the amount due on the current monthly estimate. The percent working days elapsed will be determined from the number of working days charged to the contract divided by the number of contract working days in the current time of completion, expressed as a percentage. The number of contract working days in the current time of completion shall consist of the original contract working days increased or decreased by time adjustment s approved by the Project Manager. The percent work completed will be determined by the Project Manager from the sum of payments made to date plus the amount due on the current monthly estimate, divided by the current total estimated value of the work, expressed as a percentage. 2007 Roadway Maintenance Sealing Project Contract No. 07-12 52 of 91 When the percent of working days elapsed minus the percent of work completed is less than or equal to 15 percentage points, the funds withheld shall be returned to the Contractor with the next monthly progress payment. Funds kept or withheld from payment, due to the failure of the Contractor to comply with the provisions of the contract, will not be subject to the requirements of Public Contract Code 7107 or to the payment of interest pursuant to Public Contract Code Section 10261.5. 5-1.12 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 Project Manager 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 Project Manager information in sufficient detail to enable the Project Manager 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. 5-1.13 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: A. Excavations—The near edge of the excavation is 12 feet or less from the edge of the lane, except: 1. Excavations covered with sheet steel or concrete covers of adequate thickness to prevent accidental entry by traffic or the public. 2. Excavations less than 12 inches deep. 3. Trenches less than 12 inches wide for irrigation pipe or electrical conduit, or excavations less than 12 inches in diameter. 2007 Roadway Maintenance Sealing Project Contract No. 07-12 53 of 91 4. Excavations parallel to the lane for the purpose of pavement widening or reconstruction. 5. Excavations in side slopes, where the slope is steeper than 1:4 (vertical:horizontal). 6. Excavations protected by existing barrier or railing. B. Temporarily Unprotected Permanent Obstacles.—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 the Contractor, for the Contractor's convenience and with permission of the Project Manager, removes a portion of an existing protective railing at an obstacle and does not replace such railing complete in place during the same day. C. Storage Areas.—Material or equipment is stored within 12 feet of the lane and the storage is not otherwise prohibited by the provisions of 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 12 inches transversely to 10 feet longitudinally with respect to the edge of the traffic lane. If the 15 feet minimum offset cannot be achieved, the temporary railing shall be installed on the 10 to 1 skew to obtain the maximum available offset between the approach end of the railing and the edge of the traffic lane, and an array of temporary crash cushion modules shall be installed at the approach end of the temporary railing. Temporary railing (Type K) shall conform to the provisions in Section 12-3.08, "Temporary Railing (Type K)," of the Standard Specifications. Temporary railing (Type K), conforming to the details shown on 1999 Standard Plan T3, may be used. Temporary railing (Type K) fabricated prior to January 1, 1993, and conforming to 1988 Standard Plan B11-30 may be used, provided the fabrication date is printed on the required Certificate of Compliance. Temporary crash cushion modules shall conform to the provisions in "Temporary Crash Cushion Module" of these special provisions. Except for installing, maintaining and removing traffic control devices, whenever work is performed or equipment is operated in the following work areas, the Contractor shall close the adjacent traffic lane unless otherwise provided in the Standard Specifications and these special provisions: Approach Speed of Public Traffic (Posted Limit) 45 Miles Per Hour 35 to 45 Miles Per Hour Work Areas Within 6 feet of a traffic lane but not on a traffic lane 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 a traffic lane, the line of cones or delineators shall be considered to be the edge of the traffic lane, however, the Contractor shall 2007 Roadway Maintenance Sealing Project Contract No. 07-12 54 of 91 not reduce the width of an existing lane to less than 10 feet without written approval from the Project Manager. When work is not in progress on a trench or other excavation that required closure of an adjacent lane, the traffic cones or portable delineators used for the lane closure shall be placed off of and adjacent to the edge of the traveled way. The spacing of the cones or delineators shall be not more than the spacing used for the lane closure. Suspended loads or equipment shall not be moved nor positioned over public traffic or pedestrians. Full compensation for conforming to the 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. 5-1.14 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 Project Manager 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 Project Manager. 5-1.15 REMOVAL OF ASBESTOS AND HAZARDOUS SUBSTANCES When the presence of asbestos or hazardous substances are not shown on the plans or indicated in the specifications and the Contractor encounters materials which the Contractor reasonably believes to be asbestos or a hazardous substance as defined in Section 25914.1 of the Health and Safety Code, and the asbestos or hazardous substance has not been rendered harmless, the Contractor may continue work in unaffected areas reasonably believed to be safe. The Contractor shall immediately cease work in the affected area and report the condition to the Project Manager in writing. In conformance with Section 25914.1 of the Health and Safety Code, removal of asbestos or hazardous substances including exploratory work to identify and determine the extent of the asbestos or hazardous substance will be performed by separate contract. If delay of work in the area delays the current controlling operation, the delay will be considered a right of way delay and the Contractor will be compensated for the delay in conformance with the provisions in Section 8-1.09, "Right of Way Delays," of the Standard Specifications. 2007 Roadway Maintenance Sealing Project Contract No. 07-12 55 of 91 5-1.16 SUBCONTRACTING Attention is directed to the provisions in Section 8-1.01, "Subcontracting," and Section 2, “Proposal Requirements and Conditions,” and Section 3, “Award and Execution of Contract,” 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 projects. This list of debarred contractors is available from the Department of Industrial Relations web site at http://www.dir.ca.gov/dir/Labor_law/DLSE/Debar.html. 5-1.17 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS Attention is directed to the provisions in Sections 10262 and 10262.5 of the Public Contract Code concerning prompt payment to subcontractors. 5-1.18 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 six categories of costs of work during the life of the contract: 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 Project Manager 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. 5-1.19 PAYMENTS Attention is directed to Sections 9-1.06, "Partial Payments," and 9-1.07, "Payment After Acceptance," of the Standard Specifications and these special provisions. No partial payment will be made for any materials on hand which are furnished but not incorporated in the work. 2007 Roadway Maintenance Sealing Project Contract No. 07-12 56 of 91 5-1.20 PROJECT INFORMATION The information in this section has been compiled specifically for this project and is made available for bidders and Contractors. Other information referenced in the Standard Specifications and these special provisions do not appear in this section. The information is subject to the conditions and limitations set forth in Section 2-1.03, "Examination of Plans, Specifications, Contract, and Site of Work," and Section 6-2, "Local Materials," of the Standard Specifications. Bidders and Contractors shall be responsible for knowing the procedures for obtaining information. 5-1.21 PRIVATE PROPERTY Attention is directed to the fact that the projects Right-of-Way and construction area is in close proximity to adjacent private property and that the contractor shall, at no time, enter onto or in any way physically impact said private property without written permission from the owner(s) and the Project Manager. If the contractor makes such an entry with or without the required written permission, the contractor and/or his subcontractor(s) shall be solely liable for any damage and/or claims incurred from aforesaid action and for repair of any damaged property resulting from said entry, authorized or unauthorized, to the private property owner. SECTION 6. (BLANK) SECTION 7. (BLANK) SECTION 8. FURNISHED 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 Project Manager shall not be precluded from sampling and testing products on the list of Prequalified and Tested Signing and Delineation Materials. The manufacturer of products on the list of Prequalified and Tested Signing and Delineation Materials shall furnish the Project Manager 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 2007 Roadway Maintenance Sealing Project Contract No. 07-12 57 of 91 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) A. Apex, Model 921AR (4 in x 4 in) B. Avery Dennison, Models C88 (4 in x 4 in), 911 (4 in x 4 in) and 953 (2.75 in x 4.5 in) C. Ray-O-Lite, Model "AA" ARS (4 in x 4 in) D. 3M Series 290 (3.5 in x 4 in) E. 3M Series 290 PSA, with pressure sensitive adhesive pad (3.5 in x 4 in) A. B. C. D. A. B. C. D. E. F. G. H. I. Retroreflective With Abrasion Resistant Surface (ARS) (for recessed applications only) Avery Dennison, Model 948 (2.3 in x 4.7 in) Avery Dennison, Model 944SB (2 in x 4 in) * Ray-O-Lite, Model 2002 (2.3 in x 4.6 in) Ray-O-Lite, Model 2004 ARS (2 in x 4 in) * *For use only in 4.5 in wide (older) recessed slots Non-Reflective, 4 in. Round Apex Universal (Ceramic) Apex Universal, Models 929 (ABS) and 929PP (Polypropylene) Glowlite, Inc., (Ceramic) Hi-Way Safety, Inc., Models P20-2000W and 2001Y (ABS) Interstate Sales, "Diamond Back" (ABS) and (Polypropylene) Novabrite Models Cdot (White) Cdot-y (Yellow), Ceramic Novabrite Models Pdot-w (White) Pdot-y (Yellow), Polypropylene Road Creations, Model RCB4NR (Acrylic) Three D Traffic Works TD10000 (ABS), TD10500 (Polypropylene) PAVEMENT MARKERS, TEMPORARY TYPE Temporary Markers for Long Term Day/Night Use (6 months or less) A. Vega Molded Products "Temporary Road Marker" (3 in x 4 in) A. B. C. D. Temporary Markers for Short Term Day/Night Use (14 days or less) (For seal coat or chip seal applications, clear protective covers are required) Apex Universal, Model 932 Bunzl Extrusion, Models T.O.M., T.R.P.M., and "HH" (High Heat) Hi-Way Safety, Inc., Model 1280/1281 Glowlite, Inc., Model 932 STRIPING AND PAVEMENT MARKING MATERIAL Permanent Traffic Striping and Pavement Marking Tape A. Advanced Traffic Marking, Series 300 and 400 2007 Roadway Maintenance Sealing Project Contract No. 07-12 58 of 91 B. C. D. E. F. G. A. B. C. D. E. F. G. H. I. J. K. Brite-Line, Series 1000 Brite-Line, "DeltaLine XRP" Swarco Industries, "Director 35" (For transverse application only) Swarco Industries, "Director 60" 3M, "Stamark" Series 380 and 5730 3M, "Stamark" Series 420 (For transverse application only) Temporary (Removable) Striping and Pavement Marking Tape (6 months or less) Advanced Traffic Marking, Series 200 Brite-Line, Series 100 Garlock Rubber Technologies, Series 2000 P.B. Laminations, Aztec, Grade 102 Swarco Industries, "Director-2" Trelleborg Industri, R140 Series 3M, Series 620 "CR", and Series A750 3M, Series A145, Removable Black Line Mask (Black Tape: for use only on Asphalt Concrete Surfaces) Advanced Traffic Marking Black "Hide-A-Line" (Black Tape: for use only on Asphalt Concrete Surfaces) Brite-Line "BTR" Black Removable Tape (Black Tape: for use only on Asphalt Concrete Surfaces) Trelleborg Industri, RB-140 (Black Tape: for use only on Asphalt Concrete Surfaces) Preformed Thermoplastic (Heated in place) A. Avery Dennison, "Hotape" B. Flint Trading, "Premark," "Premark 20/20 Flex," and "Premark 20/20 Flex Plus" Ceramic Surfacing Laminate, 6 in. x 6 in. A. Highway Ceramics, Inc. CLASS 1 DELINEATORS One Piece Driveable Flexible Type, 67 in. A.Bunzl Extrusion, "Flexi-Guide Models 400 and 566" B. Carsonite, Curve-Flex CFRM-400 C. Carsonite, Roadmarker CRM-375 D. FlexStake, Model 654 TM E. GreenLine Models HWD1-66 and CGD1-66 A. B. C. D. E. F. G. H. Special Use Type, 67 in. Bunzl Extrusion, Model FG 560 (with 18 in. U-Channel base) Carsonite, "Survivor" (with 18 in. U-Channel base) Carsonite, Roadmarker CRM-375 (with 18 in. U-Channel base) FlexStake, Model 604 GreenLine Models HWDU and CGD (with 18 in. U-Channel base) Impact Recovery Model D36, with #105 Driveable Base Safe-Hit with 8 in. pavement anchor (SH248-GP1) Safe-Hit with 15 in. soil anchor (SH248-GP2) and with 18 in. soil anchor (SH248-GP3) 2007 Roadway Maintenance Sealing Project Contract No. 07-12 59 of 91 A. B. C. D. E. Surface Mount Type, 24 in. Bent Manufacturing Company, Masterflex Model MF-180EX-48 Carsonite, "Super Duck II" FlexStake, Surface Mount, Models 704 and 754 TM Impact Recovery Model D48, with #101 Fixed (Surface-Mount) Base Three D Traffic Works "Channelflex" ID No. 522248W CHANNELIZERS Surface Mount Type, 36 in. A. Bent Manufacturing Company, Masterflex Models MF-360-36 (Round) and MF-180-36 (Flat) B. Bunzl Extrusion, Flexi-Guide Models FG300PE and FG300UR C. Carsonite, "Super Duck" (Flat SDF-436, Round SDR-336) D. Carsonite, "Super Duck II" Model SDCF203601MB "The Channelizer" E. FlexStake, Surface Mount, Models 703 and 753 TM F. GreenLine, Model SMD-36 G. Hi-Way Safety, Inc. "Channel Guide Channelizer" Model CGC36 H. Impact Recovery Model D36, with #101 Fixed (Surface-Mount) Base I. Repo, Models 300 and 400 J. Safe-Hit, Guide Post, Model SH236SMA K. Three D Traffic Works "Channelflex" ID No. 522053W Lane Separation System A. Bunzl "Flexi-Guide (FG) 300 Curb System" B. Qwick Kurb, "Klemmfix Guide System" C. Recycled Technology, Inc. "Safe-Lane System" CONICAL DELINEATORS, 42 in. (For 28 in. Traffic Cones, see Standard Specifications) A. Bent Manufacturing Company "T-Top" B. Plastic Safety Systems "Navigator-42" C. Radiator Specialty Company "Enforcer" D. Roadmaker Company "Stacker" E. TrafFix Devices "Grabber" F. Three D Traffic Works "Ringtop" TD7000, ID No. 742143 OBJECT MARKERS Type "K", 18 in. A. Bunzl, Model FG318PE B. Carsonite, Model SMD 615 C. FlexStake , Model 701 KM D. Repo, Models 300 and 400 E. Safe-Hit, Model SH718SMA Type "K-4" / "Q" Object Markers, 24 in. A. Bent Manufacturing "Masterflex" Model MF-360-24 B. Bunzl Extrusion, Model FG324PE 2007 Roadway Maintenance Sealing Project Contract No. 07-12 60 of 91 C. D. E. F. G. H. Carsonite, Super Duck II FlexStake, Model 701KM Repo, Models 300 and 400 Safe-Hit, Models SH8 24SMA_WA and SH8 24GP3_WA The Line Connection, Model DP21-4Q Three D Traffic Works "Q" Marker, ID No. 531702W CONCRETE BARRIER MARKERS AND TEMPORARY RAILING (TYPE K) REFLECTORS Impactable Type A. ARTUK, "FB" B. Bunzl Extrusion, Models PCBM-12 and PCBM-T12 C. Duraflex Corp., "Flexx 2020" and "Electriflexx" D. Hi-Way Safety, Inc., Model GMKRM100 E. Plastic Safety Systems "BAM" Models OM-BARR and OM-BWAR F. Sun-Lab Technology, "Safety Guide Light Model TM-5" G. Three D Traffic Works "Roadguide" 9304 Series, ID No. 903176 (One-Way), ID No. 903215 (Two-Way) Non-Impactable Type A. ARTUK, JD Series B. Plastic Safety Systems "BAM" Models OM-BITARW and OM-BITARA C. Vega Molded Products, Models GBM and JD METAL BEAM GUARD RAIL POST MARKERS (For use to the left of traffic) C. Bunzl Extrusion, "Mini" (3 in x 10 in) C. Creative Building Products, “Dura-Bull, Model 11201” C. Duraflex Corp., “Railrider” CONCRETE BARRIER DELINEATORS, 16 in. (For use to the right of traffic) A. Bunzl Extrusion, Model PCBM T-16 B. Safe-Hit, Model SH216RBM C. Sun-Lab Technology, "Safety Guide Light, Model TM16," (3 in x 12 in) D. Three D Traffic Works "Roadguide" ID No. 904364 (White), ID No. 904390 (Yellow) CONCRETE BARRIER-MOUNTED MINI-DRUM (10 in. x 14 in. x 22 in.) A. Stinson Equipment Company "SaddleMarker" SOUND WALL DELINEATOR (Applied vertically. Place top of 3 in. x 12 in. reflective element at 48 in. above roadway) A. Bunzl Extrusion, PCBM S-36 B. Sun-Lab Technology, "Safety Guide Light, Model SM12," (3 in. x 12 in.) GUARD RAILING DELINEATOR (Place top of reflective element at 48 in. above plane of roadway) 2007 Roadway Maintenance Sealing Project Contract No. 07-12 61 of 91 A. B. C. D. E. F. Wood Post Type, 28 in. Bunzl Extrusion, FG 427 and FG 527 Carsonite, Model 427 FlexStake, Model 102 GR GreenLine GRD 27 Safe-Hit, Model SH227GRD Three D Traffic Works "Guardflex" TD9100 Series, ID No. 510476 Steel Post Type A. Carsonite, Model CFGR-327 with CFGRBK300 Mounting Bracket RETROREFLECTIVE SHEETING Channelizers, Barrier Markers, and Delineators A. Avery Dennison T-6500 Series (For rigid substrate devices only) B. Avery Dennison WR-6100 Series C. Nippon Carbide Industries, Flexible Ultralite Grade (ULG) II D. Reflexite, PC-1000 Metalized Polycarbonate E. Reflexite, AC-1000 Acrylic F. Reflexite, AP-1000 Metalized Polyester G. Reflexite, Conformalight, AR-1000 Abrasion Resistant Coating H. 3M, High Intensity Traffic Cones, 13 in. A. Reflexite SB (Polyester), Vinyl or "TR" (Semi-transparent) Traffic Cones, 4 in. x 6 in. A. Nippon Carbide Industries, Flexible Ultralite Grade (ULG) II B. Reflexite, Vinyl, "TR" (Semi-transparent) or "Conformalight" C. 3M Series 3840 A. B. C. D. Barrels and Drums Avery Dennison WR-6100 Nippon Carbide Industries, Flexible Ultralite Grade (ULG) II Reflexite, "Conformalight", "Super High Intensity" or "High Impact Drum Sheeting" 3M Series 3810 Barricades: Type I, Medium-Intensity (Typically Enclosed Lens, Glass-Bead Element) A. American Decal, Adcolite B. Avery Dennison, T-1500 and T-1600 series C. 3M Engineer Grade, Series 3170 Barricades: Type II, Medium-High-Intensity (Typically Enclosed Lens, Glass-Bead Element) A. Avery Dennison, T-2500 Series B. Kiwalite Type II C. Nikkalite 1800 Series 2007 Roadway Maintenance Sealing Project Contract No. 07-12 62 of 91 Signs: Type II, Medium-High-Intensity (Typically Enclosed Lens, Glass-Bead Element) A. Avery Dennison, T-2500 Series B. Kiwalite, Type II C. Nikkalite 1800 Series Signs: Type III, High-Intensity (Typically Encapsulated Glass-Bead Element) A. Avery Dennison, T-5500 and T-5500A Series B. Nippon Carbide Industries, Nikkalite Brand Ultralite Grade II C. 3M Series 3870 A. B. C. D. Signs: Type IV, High-Intensity (Typically Unmetallized Microprismatic Element) Avery Dennison, T-6500 Series Nippon Carbide Industries, Crystal Grade, 94000 Series Nippon Carbide Industries, Model No. 94847 Fluorescent Orange Nippon Carbide Industries, Model No. 94844 Fluorescent Yellow Green A. B. C. D. E. F. Signs: Type VI, Elastomeric (Roll-Up) High-Intensity, without Adhesive Avery Dennison, WU-6014 Novabrite LLC, "Econobrite" Reflexite "Vinyl" Reflexite "SuperBright" Reflexite "Marathon" 3M Series RS34 Orange and RS20 Fluorescent Orange Signs: Type VII, Super-High-Intensity (Typically Unmetallized Microprismatic Element) A. 3M LDP Series 3924 Fluorescent Orange B. 3M LDP Series 3970 A. B. C. D. E. F. G. Signs: Type VIII, Super-High-Intensity (Typically Unmetallized Microprismatic Element) Avery Dennison, T-7500 Series Avery Dennison, T-7511 Fluorescent Yellow Avery Dennison, T-7513 Fluorescent Yellow Green Avery Dennison, W-7514 Fluorescent Orange Nippon Carbide Industries, Nikkalite Crystal Grade Model 92802 White Nippon Carbide Industries, Nikkalite Crystal Grade Model 92844 Fluorescent Yellow/Green Nippon Carbide Industries, Nikkalite Crystal Grade Model 92847 Fluorescent Orange Signs: Type IX, Very-High-Intensity (Typically Unmetallized Microprismatic Element) A. 3M VIP Series 3981 Diamond Grade Fluorescent Yellow B. 3M VIP Series 3983 Diamond Grade Fluorescent Yellow/Green C. 3M VIP Series 3990 Diamond Grade SPECIALTY SIGNS A. Hallmark Technologies, Inc., All Sign STOP Sign (All Plastic), 750 mm B. Reflexite "Endurance" Work Zone Sign (with Semi-Rigid Plastic Substrate) 2007 Roadway Maintenance Sealing Project Contract No. 07-12 63 of 91 SIGN SUBSTRATE Fiberglass Reinforced Plastic (FRP) A. Fiber-Brite B. Sequentia, "Polyplate" C. Inteplast Group "InteCel" (13 mm for Post-Mounted CZ Signs, 1200 mm or less) Aluminum Composite A. Alcan Composites "Dibond Material, 2 mm" (for temporary construction signs only) B. Mitsubishi Chemical America, Alpolic 350 (for temporary construction signs only) SECTION 8-2. PETROLEUM BASED CRACK SEALER 8-2.01 SCOPE AND CERTIFICATE OF COMPLIANCE Cracks in existing asphalt concrete surfacing of traffic lanes and shoulders shall be prepared and filled with crack sealant as shown on the plans and in conformance with these special provisions. Cracks 1/8 inch and wider in existing asphalt concrete surfacing and shoulders shall be prepared and sealed. Limits of lanes and shoulders to be prepared and sealed shall be as designated on the plans or directed by the Project Manager. The Contractor shall provide the Project Manager with a Certificate of Compliance conforming to the provisions in Section 6-1.07, “Certificate of Compliance,” by the Standard Specifications for each shipment of crack sealant. The certificate shall certify that the sealant conforms to the specifications, and shall be accompanied with storage and heating instructions and cautions for the material. Description This work consists of sealing cracks in flexible locations designated by the Project Manager. Areas to be crack sealed are listed by road name. Total lengths of road segments are specified for each road. The overall strategy is to have the cracks 1/8 inch or wider, sealed on each street and road. Materials Sealant – The Project Manager shall approve all sealant materials for crack repair of all pavements before being incorporated into the work. Prior to commencement of work, Contractor will furnish a complete written statement of the origin, composition, manufacturer of materials, and installation procedures for the material that is to be used. Modified asphalt crack sealant shall be a mixture of paving asphalt and ground rubber or ground rubber and polymer. The gradation of the ground rubber shall be such that 100 percent will pass a 2.36-mm sieve. Modified asphalt crack sealant shall conform to the following requirements: Test Softening Point Cone Penetration @25°C Resilience @ 25°C Flow ASTM Designation D 36 D 5329 Requirements 82°C 30 dmm, min. D 3407 D 3407 40 percent min. 3 mm max. Modified Asphalt crack sealant material shall be furnished premixed in containers with an inside liner of polyethylene. Packaged material shall not exceed 30 kg in mass. Modified asphalt crack 2007 Roadway Maintenance Sealing Project Contract No. 07-12 64 of 91 sealant material shall be capable of being melted and applied to cracks at temperatures below 204°C. When heated, it shall readily penetrate cracks 1/8 inch wide or wider. Construction A. 48 hours prior to slurry seal operations, the contractor shall notify all residents, businesses and agencies with an approved written notice detailing the streets and limits of work to be done along with the hours of work. The contractor shall also post all streets with temporary "No Parking - Tow Away" signs at 50 foot staggered intervals. These signs shall also state the day of the week and hours of no parking. B. All road and streets to be crack sealed shall have an approved herbicide applied to all vegetation in the cracks a minimum of ten (10) days in advance of cleaning. Extreme care shall be used when placing the herbicide to insure that it is not allowed to go beyond the intended limits. The Contractor is responsible for all required licenses and damage to any plant caused by the Contractor’s operations outside of the roadway. In lieu of herbicide treatment, a hot air lance suitable for destroying vegetation may be used. If a hot air lance is used, the Contractor shall use extreme caution in the prevention of fire. In the event of a fire, the Contractor shall have fire suppression equipment on site, and bear the cost of any damages, by said fire. C. Proper sealing equipment must be used for the specific material listed in accordance with the manufacturer’s recommendations. D. Follow manufacturer’s recommendations for application. No material shall be prepared or applied until the ambient temperature is 10°C or greater and the pavement temperature is 7.2°C or greater. In the event the pavement temperature drops below 7.2°C application will be suspended. E. The sealant material shall be prepared, heated and applied consistent with the manufacturer’s specifications. When the Project Manager is satisfied that the mix has reached the desired temperature and consistency, application may proceed. The sealant materials shall be mixed and heated to a minimum temperature of 176°C but not higher that 204°C. F. The sealant material shall be applied slowly and smoothly from the bottom of the crack upward in a manner which will not result in air entrapment or pocketing. The material will be brought up flush with the surface where a “U” shaped squeegee may be used to remove any excess and to create an overlap of the adjacent surfaces. This overlap shall not exceed 1.5 inches on each surface nor shall it be less than ½ inch. G. If the sealant settles more than 1/8 inch the Contractor shall apply an additional layer(s) of sealant to bring the material level with the surface. Any time during the one year maintenance period the sealant settles more than ¼ inch the Contractor shall, at no cost to Amador County, apply an additional layer(s) of sealant to bring the material level with the surface. H. Sufficient time shall be allowed for curing of the sealant before any vehicular traffic is allowed to resume. The Inspector may approve minor sanding. The sand will be incidental to the Contract. If traffic results in lifting or transfer of the material, the Contractor shall immediately repair the damage and again allow for proper curing. Repairs will be at the Contractor’s expense. I. General - Low modulus asphalt crack sealant shall be furnished premixed in containers with an inside liner of polyethylene. Packaged material shall not exceed 30 kg in mass. The sealant shall be capable of being melted and applied to cracks at temperatures below 204°C. When heated, it shall readily penetrate cracks 1/8 inch or wider. Cracks that are one inch wide or wider shall be filled with sealant flush with the existing asphalt concrete surfacing and shoulders. While the sealant is still hot, these cracks shall be covered with crushed aggregate conforming to the provisions for Type II slurry seal in Section 37-2.02C of the 2007 Roadway Maintenance Sealing Project Contract No. 07-12 65 of 91 Standard Specifications and compacted with a wetted steel wheel roller or vibrating plate compactor large enough to compact the sealant to the cross section shown on the plans. J. Preparation – Cracks to be filled and adjacent concrete surfacing shall be cleaned and shall be free of dirt, vegetation, debris and loose sealant below the street surface level. Cleaning shall be done by air blasting. Old sealant which protrudes above the asphalt concrete surfacing shall be completely removed. Routing will not be required. Hot compressed air or other means, approved by the Project Manager, shall be used to clean and dry the crack immediately prior to the application of crack sealant. When moisture is present, hot compressed air or other means, approved by the Project Manager, shall be used to clean and dry the crack immediately prior to application of crack sealant. K. Application – Crack sealant shall be applied only after the cracks and adjacent asphalt concrete surfacing have been cleaned and dried. Crack sealant material shall be spread with a nozzle or device approved for use by the Project Manager and placed within the specified temperature range and to the dimensions specified herein. Cracks shall be squeegeed as necessary after the application of the crack sealant material. Within 2 days after application of sealant, sealed cracks that reopen or in which the sealant material sags below the surrounding asphalt concrete surfacing and shoulders shall be resealed. Light brooming shall be performed to remove loose excessive sand prior to opening a lane to public traffic that is not controlled by a pilot car. Measurement Sealed random cracks will be measured by lane mile, from actual measurement along the edge of each paved lane, parallel with the gradient of the pavement. Payment The contract price paid per lane mile for seal random cracks shall include compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in sealing random cracks, complete in place, including vegetation removal, furnishing and applying sand and for brooming excessive sand as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Project Manager. Full compensation for cleaning and sealing random cracks in adjacent paved shoulders shall be considered as included in the contract price paid per lane mile for seal random cracks for furnishing and placing all material, including cleaning as required, and for all equipment, tools, labor and incidentals necessary to complete the work as specified and no additional compensation will be allowed therefore. SECTION 8-3. POLYMER MODIFIED EMULSIFIED ASPHALT SLURRY 8-3.01 DESCRIPTION AND MATERIALS The work shall consist of mixing asphaltic emulsion aggregate, set control additives and water, and spreading the mixture on the pavement as shown on the table of quantities, as specified in these specifications and these special provisions, and directed by the Project Manager. Upon notification by the County of Amador of award, the contractor shall submit the following documents within 7 days to the Project Manager for approval: 2007 Roadway Maintenance Sealing Project Contract No. 07-12 66 of 91 1. Certificate of compliance and certified reports for the slurry seal aggregate and asphalt emulsion, 2. Manufacturer’s recommended installation procedures, which when approved by the Project Manager, will become the basis for accepting or rejecting actual installation procedures used on the work. At least 21 days prior to the slurry seal, the contractor shall submit laboratory reports no more than 30 days old from the independent testing Lab that the material meets the specifications. The Contractor shall supply the County with a sample of the asphalt emulsion (1/2 gallon) and aggregate (50 pounds) to be used on the project, and will be forwarded by the County to the material testing agency. If the batch changes during the course of the project, new samples will be tested as required by these specifications. The materials for the slurry seal immediately prior to mixing shall conform to Section 37 of the Standard Specifications and these requirements: Asphaltic emulsion shall be quick setting type, polymer modified, cationic type conforming to the requirements for PMCQS-1h (LMCQS-1h) grade in Section 94 “Asphaltic Emulsions” of the Standard Specifications as modified in Table 1 below, except the test requirements for cement mixing and settlement shall not apply. Said asphaltic emulsion shall break and set on the aggregate within 5-10 minutes of placement and shall be ready for vehicular traffic within 30-60 minutes upon placement. Polymer shall be a Styrene Butadiene Rubber Latex polymer or approved equivalent incorporated during the manufacture of the asphaltic emulsion of the factory by the emulsion producer. Polymer shall not be added after the manufacture or during field operations. Polymer solids shall range 3.0% -4.0% of the asphalt residual content, and shall conform to the following: Modified Standard Specifications –PMCQS-1h ( LMCQS-1h) TABLE 1 Test on Emulsion Viscosity, SSF, @ 77 degrees F, sec Method of Test Requirement ASTM D244 15-90 pH 1 to 3 Distillation Residue %, Minimum 60 Test on Residue from Distillation Test Penetration, 77 degrees F., 100g, 5s ASTM D5 40-80 Softening Point (Ring & Ball), degrees F ASTM 130 + Ductility, 77 degrees. F,(25C, 5 cm/Min., Minimum ASTM D113 25 Fraass-Breaking Point (degrees C.) min. -18 DIN 52012 Water shall be of such quality that the asphalt shall not separate from the emulsion before the slurry is in place. If necessary for the workability, a set control agent that will not adversely affect the slurry seal may be used. 2007 Roadway Maintenance Sealing Project Contract No. 07-12 67 of 91 Chemical retardant-may be added up to one percent (1%) of dry weight of the aggregate to insure proper workability while not adversely affecting the slurry seal mixture. Aggregates- shall consist of an aggregate or combination of aggregates, black and/or dark in color and nature, and produced by crushing rock. The use of gray or white colored aggregate shall not be allowed. The aggregate shall also conform to the following quality requirements: Test Test Method Requirements Sand Equivalent Durability Index Cal Test 217 or ASTM D2419 Cal Test 229 45 Min. 55 Min. Aggregates shall be free from caked lumps and oversize particles. The percentage composition by mass of the aggregate shall be Type I, when determined by California Test 202, modified by California Test 105 when there is a difference of specific gravity of 0.2 or more between blends of different aggregates. The material shall be free from vegetable matter and other deleterious substances. If the test results of either the aggregate grading or sand equivalent test for aggregate do not meet the requirements specified, the slurry seal represented shall be removed. If requested in writing by the Contractor, and approved by the Project Manager the slurry seal may remain in place and the contractor shall pay the County $2.00 per ton for the aggregate represented and left in place. If the test results of both the aggregate grading and sand equivalent test for aggregate do not meet the requirements specified, the slurry represented shall be removed. If requesting in writing by the contractor and approved by the Project Manager, the slurry seal may remain in place and the contractor shall pay the County $4.00 per ton for both the aggregate represented and left in place. No single aggregate grading or sand equivalent tests shall represent more than 275 tons or one day’s production, whichever is smaller. Construction & Methods: 1. Proportioning- The slurry seal mixture shall be portioned in accordance with the requirements of Section 37-2.04 “Proportioning” of the Standard Specifications, except that the third paragraph is amended as follows: a. Asphalt emulsion content (% of type II dry aggregate) shall be added at the rate 12-18 percent by weight of the aggregate (pounds/square yard) in accordance with the approved dry mix design submitted by the contractor and approved by the Project Manager . b. No change shall be made on the proportioning of the mix or substation of materials without the presence of testing and laboratory report as specified on the Standard Specifications and approval from the Project Manager. 2. Mixing- The slurry seal mixture shall be proportioned in accordance with the requirements of Section 37 of the Standard Specifications and as follows: 2007 Roadway Maintenance Sealing Project Contract No. 07-12 68 of 91 a. The Project Manager may use the recorders, gauges and measuring facilities of the slurry sealer unit to determine the application rates, asphalt emulsion content and additive content of the individual loads. b. The delivery rate of aggregate and emulsion per evolution of the aggregate feeder shall be calibrated at different gauge settings for each mixer-spreader truck used on the project. c. The Contractor shall check the stockpile moisture content regularly and set the mixing equipment accordingly to account for aggregate bulking. d. Samples of the slurry seal mixture may be taken from the mixer spreader trucks as determined necessary by the Project Manager. Consistency and residual asphalt content tests may be made by the Project Manager on the samples and compared to the requirements of this section. The Project Manager shall notify the contractor immediately if any test fails to meet the specification of this project. 3. Spreading Equipment-The slurry seal mixture shall be mixed in continuous pug mill mixers of adequate size and power, uniformly spread by means of a controlled spreader box and in accordance with the requirements of Section 37 of the Standard Specifications and as follows: a. A minimum of two (2) each 7 cubic yard or larger mixer-spreader trucks, in good operating condition, shall be on the job at all times. Mixer-spreader equipment shall be able to negotiate turns in cul-de-sacs on an initial, continuous pass next to the curb. b. The mixer-spreader truck shall be equipped with a pressurized water system and nozzle type spray bars to provide a fog spray immediately ahead of the spreader box. The rate of application shall be adjustable and shall cover the entire application surface without flowing or ponding. c. As required by the Project Manager, the mixer spreader equipment shall be inspected and calibrated on a 300-foot test section. The contractor shall use this calibration to establish the settings required to obtain the desired application rate for the slurry seal mix and to correct the proportioning of materials, in accordance to the requirements of this section. 4. Placement- The slurry seal mixture shall be placed in accordance with requirements of Section 37 of the Standard Specifications and as follows: a. 48 hours prior to slurry seal operations, the contractor shall notify all residents, businesses and agencies with an approved written notice detailing the streets and limits of work to be done along with the hours of work. The contractor shall also post all streets with temporary "No Parking - Tow Away" signs at 50 foot staggered intervals. These signs shall also state the day of the week and hours of no parking. b. Prior to beginning the slurry seal work, the contractor shall remove all pavement markers, striping and markings by grinding and also shall remove all loose dirt, oil, and oil spills on the pavement surface. Payment of this clean up shall be included in either 2007 Roadway Maintenance Sealing Project Contract No. 07-12 69 of 91 the crack seal or slurry seal unit price listed on the Bid Form and no additional compensation will be allowed. No slurry work shall commence unless the removal method, either by grinding or some other approved means of removal of loose dirt, oil and oil spills are coordinated and approved by the Project Manager. c. Weeds and Vegetation shall be sprayed with weed killer and removed at least 7 days prior to slurry seal. No slurry work shall commence unless all weeds and vegetation are removed and cracks sealed to the satisfaction of the Project Manager. Attention is directed to Item C of this section and bid item 3 of these specifications. d. Slurry seal shall not be placed if either pavement or air temperature is below 50F, or when in the opinion of the Project Manager, road conditions or imminence of inclement weather are not conductive to successful results. e. Slurry Seal placement shall not begin before 8:00am and shall be terminated each day in sufficient time for all streets to open to vehicular traffic by 4:00pm. f. The surface to be slurried shall be lightly pre-dampened with fog spray water from the applicator mounted on the mixer spreader equipment. The rate of application shall be adjusted to compensate for ambient temperature and surface texture, and shall cover the entire surface without flowing or ponding. g. The slurry seal mixture shall be of desired consistency upon placement. No lumping, balling, or unmixed aggregate shall be permitted. Sufficient amount of material shall be carried on the spreader at all times to obtain complete coverage. Overloading of the spreader shall be avoided at all times. h. The slurry seal mixture shall be of desired stability to prevent premature material breaking from occurring in the spreader box. The mixture shall be homogeneous during and following mixing and spreading, and shall be free of excess water, emulsion and free of segregation of the emulsion and aggregate fines from the courser aggregates. Spraying of additional water into the spreader box shall not be permitted. i. No streaks, such as those caused by oversize aggregates, shall be left in the finished surface. If excess oversize aggregate develops, the job shall be stopped until the contractor corrects the work to the satisfaction of the Project Manager. j. The slurry seal machine shall move forward at such speed that the slurry seal mixture penetrates and substantially fills surface voids on the existing penetrates and substantially fills all surface voids on the existing pavement. The forward speed of the slurry seal spreader shall be maintained to prevent corrugations and surface irregularities in the slurry seal. Square Yardage of unacceptable slurry seal surfacing shall be deducted at unit price or the equivalent dollar specified in these specifications and these special provisions whichever is higher. k. Slurry Seal shall be placed at locations shown on drawings, as marked in the field, and as directed by the Project Manager. Slurry Seal material shall be extended to provide a minimum overlap beyond the edges of recently resurfaced streets, as marked in the field, or as directed by the Project Manager. The edges of the slurry seal application on 2007 Roadway Maintenance Sealing Project Contract No. 07-12 70 of 91 both sides of the street shall be maintained in a neat and uniform line. Along concrete gutters, the slurry seal overlap the lip of the gutter approximately one-inch maximum to seal the joint along the edge of concrete. No run-off on the gutter shall be permitted. Where there is no concrete gutter, the slurry seal shall extend to the limits of existing pavement. l. Areas not reached with slurry seal machines shall be surfaced using hand squeegees to provided uniform surface coverage. The areas needing hand work shall be lightly dampened prior to mix placement and the slurry worked immediately. Care shall be exercised to leave no unsightly appearance from hand work. The same type of finish as applied by the spreader box shall be required. Hand work shall be completed during the machine application process. m. The Contractor shall use 15 pounds roofing paper at slurry seal transverse limits and at the stop/ start butt joints conforms to maintain neat and uniform line thickness of slurry seal placement. The contractor shall position the paper to provide a minimum overlap at conforms, avoids double placement of materials at start/stop butt joints, and hold excess slurry for easy removal without spillage. Longitudinal lap joints shall coincide with lane lines or in the center of the roadway surface. Joints shall not be allowed at normal wheel track of vehicles or wheel paths. Care shall be taken to avoid leaving ridges at the lap joints between adjoining passes. n. The Contractor shall not continue to the next street until all hand work is completed and all excess slurry materials along gutters, walks and driveways are removed to the satisfaction of the Project Manager. All excess and unsuitable materials within the rightof-way shall be removed each work day. Use of diesel solvents or solvents of any kind for cleaning tools and equipment shall not be allowed. The contractor shall be responsible for all damages to the slurry seal coat until curing period is completed. All damaged areas shall be patched or re-slurried as directed by the Project Manager. 5. Sweeping- The Contractor shall perform additional sweeping to remove excess Loose material in accordance with the requirements of Section 37 of the Standard Specifications and as follows: a. The contractor shall coordinate and notify the Project Manager of the proposed sweeping schedule. Upon direction of the Project Manager, the contractor shall adjust the said sweeping schedule should unforeseen circumstances arise or when the Project Manager deems sweeping is needed to be performed. b. Within 4 calendar days after slurry seal has cured, the contractor shall perform the initial sweeping operation on all slurry seal areas/streets to remove excess and loose materials. c. Within 10 calendar days after slurry seal has cured, the contractor shall perform the second sweeping operation. In areas where raveling has occurred, the Contractor shall correct said areas as directed by the Project Manager. The contractor shall perform additional sweeping operations after the second sweeping operation as determined necessary by the Project Manager, and shall perform the required additional sweeping operations within 48 hours of the Project Manager notification. 2007 Roadway Maintenance Sealing Project Contract No. 07-12 71 of 91 Measurement and Payment: Slurry Seal shall be measured and paid for at the unit bid price per Square Yard (SY). The contract price paid per Square Yard (SY) for the slurry seal shall include full compensation for furnishing all labor, materials, tools, equipment and all incidental work for doing all the work involved in construction of the slurry seal complete in place, as specified in these special provisions, and as directed by the Project Manager . SECTION 8-4. REJUVENATING LATEX MODIFIED ASPHALTIC EMULSION CHIP SEAL 8-4.01 DESCRIPTION AND MATERIALS StyraFlex® or approved equivalent Rejuvenating Chip Seal Emulsion shall consist of applying asphaltic emulsion and screenings on the pavement where shown on the plans, as specified in these specifications and the special provisions, and as directed by the Project Manager. Materials The materials for chip seal immediately prior to mixing shall conform to the following requirements: StyraFlex® or Approved Equivalent Rejuvenating Latex Modified Asphaltic Emulsion The emulsion used in the chip seal shall be StyraFlex® latex asphaltic emulsion or approved equivalent shall conform to the requirements in Table I. TABLE I Test on Emulsion Method of Test Requirement Viscosity, SSF, @ 77 °F (25 °F), sec. Sieve Test, % Residue by Distillation, % Oil Distilled by Volume of Emulsion, %, pH ASTM D244 ASTM D244 ASTM D244 ASTM D244 ASTM E70 75 – 250 0.1 max. 67 min. 0.5 max. 2.0 – 5.0 Test on Residue from Distillation Test1 Absolute Viscosity@ 60 °C Poises Kinematic Viscosity@ 135 °C cst Penetration, 4 °C., 200g @ 60 sec. Toughness, N – m Tenacity, N – m Softening Point (Ring & Ball), °F Asphaltines, % Saturated Hydrocarbons, % ASTM D2171 ASTM D2171 ASTM D5 ASTM D5801 ASTM D5801 ASTM D36 ASTM D2006 ASTM D2006 2000 max. 400 min. 80 min. 2.0 min. 1.0 min. 100 min. 18 min. 16 max. Test on Residue from Evaporation Test2 Modified Torsional Recovery, % Softening Point (Ring & Ball), °F Calif. Test 3323 ASTM D36 45 min. 110 min. Notes: 1. AASHTO T59 2007 Roadway Maintenance Sealing Project Contract No. 07-12 72 of 91 2. California Test 331 3. Torsional recovery shall include the first 30 seconds. Screenings Table Mountain or approved equivalent Screenings shall consist of sound, durable, crushed cubical stone or crushed cubical gravel. The material shall be free from vegetable matter and other deleterious substances. Screenings shall be 90% crushed cubical particles as determined by California Test 205. The percentage composition by weight of the screenings shall conform to the following grading and shall be determined by the contractor: Medium Fine 8.0-mm max. size (5/16-inch) Sieve Percentage Sizes Passing 19.0-mm — 12.5-mm — 9.5-mm 100 4.75-mm 0-50 2.36-mm 0-15 1.18-mm 0-5 600-µm 0-3 75-µm 0-2 The screenings shall also conform to the following quality requirements: Test California Test Requirement Los Angeles Abrasion Loss 100 Rev. (max.) 211 10 % Los Angeles Abrasion Loss 500 Rev. (max.) 211 40 % Film Stripping (max.) 302 25 % Cleanness 227 80 Min. Polymer Latex Styrene Butadiene Rubber or approved equivalent latex shall be added to the water/soap phase by injection prior to the mill manufacture of the asphaltic emulsion by the emulsion producer. The latex shall be NX 1118 manufactured by BASF or approved equal. The amount of latex solids shall be between 3 and 4 percent of the asphalt residual content and shall be certified by the emulsion producer on each load of emulsion delivered to the job site. No post or field addition of Polymer Latex will be allowed. 2007 Roadway Maintenance Sealing Project Contract No. 07-12 73 of 91 8-4.02 OPERATIONS Preparation for Chip Seal 48 hours prior to the chip seal operations, the contractor shall notify all residents, businesses and agencies with an approved written notice detailing the streets and limits of work to be done along, with the hours of work. The contractor shall also post all streets with temporary "No Parking - Tow Away" signs at 50 foot staggered intervals. These signs shall also state the day of the week and hours of no parking. EXCEPT FOR SHENANDOAH ROAD, the Contractor shall remove all existing thermoplastic striping, legends and raised pavement markers within the chip seal limits. When removing the raised pavement markers the Contractor shall remove any adhesive left on pavement caused from the removal of raised pavement markers. Before placing the chip seal, the pavement surface shall be cleaned by sweeping, flushing or other means necessary to remove all loose particles of paving, all dirt and all other extraneous material. ON SHENANDOAH ROAD ONLY, the Contractor will take care to not damage, mar, or soil the centerline stripe and raised pavement markers. Placing The emulsion for chip seal shall be applied in conformance with these special provisions and with the provisions for applying asphaltic emulsion in Section 37-1.05, "Applying Asphaltic Emulsion," of the Standard Specifications and these special provisions. The emulsion shall be applied with a distributor truck to the pavement surface at a rate of 0.18 to 0.40 gallons per square yard for the 8.0mm (5/16-inch) max. aggregate grading. The emulsion application rate shall be adjusted up or down, at the Project Manager’s discretion, depending on ability to fill cracks in the roadway. The emulsion application rate is expected to average 0.25 gallons per square yard. The emulsion shall be heated at a temperature above one hundred (100 F) degrees, but not to exceed one hundred and fifty (150 F) degrees at application. For smaller areas the emulsion may be applied with a wand. Screenings for seal coat shall be spread in conformance Section 37-1.06, "Spreading Screenings," of the Standard Specifications and these special provisions. The aggregate shall be applied at a rate of at a rate of 18 to 25 pounds per square yard for the 8.0mm (5/16 inch) max. aggregate grading. The screenings spread rate is expected to be an average of 22 pounds per square yard. The application of screenings shall be at a rate of eighteen (18) to twenty-five (25) pounds per square yard shall be spread evenly by a mechanical spreader. Pneumatic tire rolling shall follow immediately after the screenings is applied. The following equipment to be used for the chip seal shall be as follows: A. An asphalt distributor for application of the emulsion shall have a full circulation spray bar that is adjustable to at least sixteen (16) feet wide and capable of heating and circulating the emulsion simultaneously. It must have computerized rate control for adjusting and controlling the application from the cab by .01 gallons per square yard increments. The distributor shall also be equipped with a volume measuring devise and a thermometer for measuring the emulsion temperature in the tank. 2007 Roadway Maintenance Sealing Project Contract No. 07-12 74 of 91 B. A self-propelled screenings spreader with front discharge that can evenly distribute screenings from 16 to 24 pounds per square yard and shall be equipped with computerized rate control. C. Two (2) pneumatic-tired rollers weighing at least five (5) tons each. D. Two (2) mechanically powered kick-brooms or mechanically powered pick up brooms equipped with vacuum type suction, for sweeping on city streets. E. A back pack blower for removing excess screenings during the sweeping operation. The chip seal shall not be placed if either the pavement or the air temperature is below 45 degrees F (7C) and falling, but may be applied when both the air and pavement temperature is 45 degrees F (7C) or above and rising. The weather forecast should be for highs near sixty (60) degrees Fahrenheit and no rain forecast for the next twenty-four (24) hours after the chip seal has been applied. The mixture shall not be applied if high relative humidity prolongs the curing beyond a reasonable time. Chip seal to be placed shall consist of an application of StyraFlex asphaltic emulsion or approved equivalent and a single screening; and shall be applied and finished in conformance with these Special Provisions. The lane to be chip sealed shall be closed from the time the asphaltic emulsion is applied until the time the chip seal has set sufficiently to be opened to traffic. The Contractor shall take precautions such that no asphaltic emulsion or screenings are allowed to enter streams and waterways near the project during the course of the work. Immediately before commencing the chip seal operations, all surface metal utility covers (including survey monuments) shall be protected by thoroughly covering the surface with an appropriate adhesive and paper or plastic. No adhesive material shall be permitted to cover, seal or fill the joint between the frame and cover of the structure. Covers are to be uncovered and cleaned of chip material by the end of the same work day. For the purpose of this project, the construction zone is defined to include all stockpile staging areas and travel routes to/from streets where the chip seal is to be applied. The Contractor shall abide, at all times, to the State of California, Department of Transportation's "Manual of Traffic Controls for Construction and Maintenance Work Zones" as applicable to this project and shall submit 5 working days prior to commencing work to the Project Manager a traffic control plan for each site for approval. Finishing Chip seal shall be finished in conformance with Section 37-1.07, "Finishing," of the Standard Specifications and these special provisions. Rolling and sweeping shall be in accordance with provisions of Section 37-1.07 "Finishing," of the Standard Specifications and these special provisions. 2007 Roadway Maintenance Sealing Project Contract No. 07-12 75 of 91 Rollers shall be pneumatic-tired and a minimum of 2 rollers shall be used. Initial rolling shall begin immediately behind the chip spreader. The pneumatic tired-rollers shall carry a minimum loading of 3,000 pounds. On each wheel an air pressure of one hundred (100) pounds is required. All streets shall be power swept after placing the chip seal before the end of day. The sweepers shall be self-propelled vacuum, regenerative air, or rear broom pickup, with water spray bars to reduce dust. If necessary, more than one type of sweeper may be used. Sidewinder sweepers or brooms that wind row material and do not remove it shall not be used. A minimum of two (2) sweepers shall be used at all times. All areas shall be swept a second time or more if necessary in the same manner as the first sweeping. Completion of sweeping shall be evidenced by the absence of loose screenings in gutters or driveways. Special attention shall be required in sweeping from the driveways clear of loose chips. The contractor shall also be responsible for removal of all screenings from the sidewalks and other affected areas such as adjacent streets and truck route. The Contractor shall exercise care to prevent oil from being deposited on concrete surfaces. The Contractor shall remove oil from the surfaces not designated to be chip sealed. 8-4.03 MEASUREMENT AND PAYMENT Chip seal will be measured and paid for by the square yard for the actual surface areas covered. The contract price paid per square yard for chip seal shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all the work involved in the furnishing and placing of the chip seal complete in place, including cleaning the surface, all as shown on the plans, as specified in these specifications and as directed by the Project Manager. SECTION 9. (BLANK) SECTION 10. CONSTRUCTION DETAILS 10-1.01 ORDER OF WORK The first order of work shall be to prepare and crack seal all roadways listed in Site #1, #2, #3 and only Dapple Drive, Lupe Road and Surrey Junction Lane in Site #6 within twenty (20) calendar days of the Notice to Proceed. A minimum of thirty (30) calendar days of curing time will be required prior to applying any slurry seal or chip seal products to these roadways. Crack Sealing on other roadways may occur at anytime within the 45 working day period. On each roadway, after completion of the preceding roadway, the first order of work shall be the removal of existing pavement delineation as directed by the Project Manager. Pavement delineation removal shall be coordinated with new delineation so that lane lines are provided at all times on traveled ways open to public traffic. Before obliterating any pavement delineation (traffic stripes, pavement markings, and pavement markers) that is to be replaced on the same alignment and location, as determined by the Project Manager, the pavement delineation shall be referenced by the Contractor, with a sufficient number of control points to reestablish the alignment and location of the new pavement delineation. The 2007 Roadway Maintenance Sealing Project Contract No. 07-12 76 of 91 references shall include the limits or changes in striping pattern, including one- and 2-way barrier lines, limit lines, crosswalks and other pavement markings. Full compensation for referencing existing pavement delineation shall be considered as included in the contract prices paid for new pavement delineation and no additional compensation will be allowed therefor. Prior to applying Polymer Modified Emulsified Asphaltic Slurry Seal or Rejuvenating Latex Modified Asphaltic Emulsion Chip Seal the Contractor shall cover all manholes, valve and monument covers, grates, or other exposed facilities located within the area of application, using a plastic or oil resistant construction paper secured to the facility being covered by tape or adhesive. The covered facilities shall be referenced by the Contractor, with a sufficient number of control points to relocate the facilities after the Polymer Modified Emulsified Asphaltic Slurry Seal or Rejuvenating Latex Modified Asphaltic Emulsion Chip Seal has been placed. After completion of the Chip Seal or Slurry Seal operation, all covers shall be removed and disposed of in a manner satisfactory to the Project Manager. Full compensation for covering manholes, valve and monument covers, grates, or other exposed facilities, referencing, and removing temporary cover shall be considered as included in the contract price paid per square yard for Polymer Modified Emulsified Asphaltic Slurry Seal or Rejuvenating Latex Modified Asphaltic Emulsion Chip Seal and no separate payment will be made therefor. 10-1.02 PROGRESS SCHEDULE Progress schedules are required for this contract and shall be submitted in conformance with the provisions in Section 8-1.04, "Progress Schedule," of the Standard Specifications and these special provisions, unless otherwise authorized in writing by the Project Manager. The second paragraph of Section 8-1.04, "Progress Schedule," of the Standard Specifications shall not apply. 10-1.03 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 Project Manager and the appropriate regional notification center for operators of subsurface installations at least 2 working days, but not more than 14 calendar days, 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 Underground Service Alert-Northern California (USA) Underground Service Alert-Southern California (USA) Telephone Number 1-800-642-2444 1-800-227-2600 1-800-422-4133 1-800-227-2600 10-1.04 CONSTRUCTION AREA TRAFFIC CONTROL DEVICES Flagging, signs, and all other traffic control devices furnished, installed, maintained, and removed when no longer required shall conform to the provisions in Section 12, "Construction Area Traffic Control Devices," of the Standard Specifications and these special provisions. 2007 Roadway Maintenance Sealing Project Contract No. 07-12 77 of 91 Category 1 traffic control devices are defined as those devices that are small and lightweight (less than 100 lbs.), and have been in common use for many years. The devices shall be known to be crashworthy by crash testing, crash testing of similar devices, or years of demonstrable safe performance. Category 1 traffic control devices include traffic cones, plastic drums, portable delineators, and channelizers. If requested by the Project Manager, the Contractor shall provide written self-certification for crashworthiness of Category 1 traffic control devices. Self-certification shall be provided by the manufacturer or Contractor and shall include the following: date, Federal Aid number (if applicable), expenditure authorization, district, county, route and postmile of project limits; company name of certifying vendor, street address, city, state and zip code; printed name, signature and title of certifying person; and an indication of which Category 1 traffic control will be used on the project. The Contractor may obtain a standard form for self-certification from the Project Manager. Category 2 traffic control devices are defined as those items that are small and lightweight (less than 100 lbs.), that are not expected to produce significant vehicular velocity change, but may otherwise be potentially hazardous. Category 2 traffic control devices include: barricades and portable sign supports. Category 2 devices purchased on or after October 1, 2000 shall be on the Federal Highway Administration (FHWA) Acceptable Crashworthy Category 2 Hardware for Work Zones list. This list is maintained by FHWA and can be located at the following internet address: http://safety.fhwa.dot.gov/fourthlevel/hardware/listing.cfm?code=workzone. The Department maintains a secondary list at the following internet address: http://www.dot.ca.gov/hq/traffops/signtech/signdel/pdf.htm. After January 1, 2003, all Category 2 devices without a label shall not be used on the project. If requested by the Project Manager, the Contractor shall provide a written list of Category 2 devices to be used on the project at least 5 days prior to beginning any work using the devices Full compensation for providing self-certification for crashworthiness of Category 1 traffic control devices and for providing a list of Category 2 devices used on the project and labeling Category 2 devices as specified shall be considered as included in the prices paid for the various contract items of work requiring the use of the Category 1 or Category 2 traffic control devices and no additional compensation will be allowed therefor. 10-1.05 CONSTRUCTION AREA SIGNS Construction area signs shall be furnished, installed, maintained, and removed when no longer required in conformance with the provisions in Section 12, "Construction Area Traffic Control Devices," of the Standard Specifications and these special provisions. Attention is directed to the provisions in "Prequalified and Tested Signing and Delineation Materials" of these special provisions. Sign substrates for stationary mounted construction area signs may be fabricated from fiberglass reinforced plastic. Type II retroreflective sheeting shall not be used on 2007 Roadway Maintenance Sealing Project Contract No. 07-12 78 of 91 construction area sign panels. Type III, IV, VII, VIII, or IX retroreflective sheeting shall be used for stationary mounted construction area sign panels. Construction area signs shall be fluorescent orange in color. Repair to construction area sign panels will not be allowed, except when approved by the Project Manager. Sign panels exhibiting a significant color difference between daytime and nighttime shall be immediately replaced at the Contractor's expenses. 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 major dimension of the post. Construction area signs placed within 15 feet from the edge of the traveled way shall be mounted on stationary mounted sign supports as specified in "Construction Area Traffic Control Devices" of these special provisions. The Contractor may be required to cover certain signs during the progress of the work. Signs that are no longer required or that convey inaccurate information to the public shall be immediately covered or removed, or the information shall be corrected. Covers for construction area signs shall be of sufficient size and density to completely block out the complete face of the signs. The retroreflective face of the covered signs shall not be visible either during the day or at night. Covers shall be fastened securely so that the signs remain covered during inclement weather. Covers shall be replaced when they no longer cover the signs properly. 10-1.06 MAINTAINING TRAFFIC Attention is directed to Section 7-1.08, “Public Convenience,” Section 7-1.09, “Public Safety,” and Section 12, “Construction Area Control Devices,” of the State Standard Specifications and these special provisions. Nothing in these special provisions shall be construed as relieving the Contractor from his responsibility as provided in said Section 7-1.09. Lane closures shall conform to the provisions of the Section “Traffic Control System for Lane Closure” elsewhere in these special provisions. The Contractor shall notify local authorities of his intent to begin work at least five (5) working days prior to beginning of any work. The Contractor shall cooperate with the Project Manager relative to handling traffic through and adjacent to the work area. No additional compensation will be made for this cooperation for safety of the workers and traveling public. Whenever construction vehicles or equipment are parked on the shoulder within six (6’) feet of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of pavement at 25-foot intervals to a point not less than 25 feet past the vehicles or piece of equipment. A minimum of nine (9) cones shall be used for the taper. 2007 Roadway Maintenance Sealing Project Contract No. 07-12 79 of 91 Illuminated traffic cones when used during the hours of darkness shall be affixed or covered with reflective cone sleeves as specified in Section 12-3.10, “Traffic Cones,” of the Standard Specifications, except the sleeves shall be 7 inches long. Personal vehicles of the Contractor or the Contractor’s employees shall not be parked on the traveled way or shoulders, including any section closed to the public traffic. Lane closures shall conform to the provisions in the section of these Special Provisions entitled “Traffic Control System.” 10-1.07 TRAFFIC CONTROL SYSTEM FOR LANE CLOSURE A traffic control system shall consist of closing traffic lanes in accordance with the provisions of Section 12, “Construction Area Traffic Control Devices,” of the Standard Specifications, the Traffic Manual, the provisions under “Maintaining Traffic” and “Construction Area Signs” elsewhere in the Standard Specifications and these special provisions. The provisions in this section will not relieve the Contractor from their responsibility to provide such additional devices or take such measures as may be necessary to comply with the provisions in Section 7-1.09, “Public Safety,” of the Standard Specifications. The Contractor shall submit a Traffic Control Plan to be approved by County, prior to the Pre-construction meeting with the Contractor. The versions of the Caltrans Standard Specifications (2006) and the Caltrans Traffic Control manual (current edition) shall apply to the project. The use of concrete barriers, flagmen, warning signs, and other traffic control measures need to be included in that plan. Please allow 5 working days for return comments following the submittal of the Traffic Control Plan. There may be no lane closures before 7:00 AM or after 6:00 PM without prior written permission from the Project Manager. Traffic delays must be limited to a maximum of 20 minutes. During the hours of darkness, as defined in Division 1, Section 280 of the Vehicle Code, portable signs to be illuminated shall be, at the option of the Agency, either: illuminated signs in conformance with the provisions in Section 12-3.06B, “Portable Signs”, of the Standard Specifications: or Reflexite vinyl micro prism reflective sheeting signs; or 3M high intensity reflectorized sheeting on aluminum substrate signs or Seibulite Brand Ultralite Grade Series, encapsulated lens retro reflective sheeting signs; or equal. If any component in the traffic control system is damaged, displaced, or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair said component to its original condition or replace said component and shall restore the component to its original location. A pilot car may be required when lane closure exceeds 750 feet and it may also be required when flaggers do not have full visual contact of each other, at all times, if the Project Manager deems it necessary for other roads not listed in this paragraph. For this project, the use of a pilot car will be required on Village Drive and Shenandoah Road. Upon completion of the work requiring lane closure, all components of the traffic control system shall be removed from the site of the work and shall become the property of the contractor, unless such material has been provided by the County. 2007 Roadway Maintenance Sealing Project Contract No. 07-12 80 of 91 Additional advance flaggers may be required as determined by the Project Manager. Full compensation for providing the traffic control system as shown on the approved plan (including flagging costs and signs) shall be included in the contract price paid for “Traffic Control” and no additional compensation will be allowed therefore. Flagging costs will not be paid for as provided in Section 12-2.02, “Flagging Costs,” in the Standard Specifications. All costs relating to Flagging will be borne by the Contractor. 10-1.08 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 Manual on Uniform Traffic Control Devices (MUTCD), MUTCD California Supplement, or as relieving the Contractor from the responsibilities specified in Section 7-1.09, "Public Safety," of the Standard Specifications. GENERAL Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Laneline or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. On multilane roadways (freeways and expressways) edgeline delineation shall be provided at all times for traveled ways open to public traffic. The Contractor shall perform the work necessary to establish the alignment of temporary pavement delineation, including required lines or marks. Surfaces to receive 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. Temporary pavement markers, including underlying adhesive, and removable traffic tape which are applied to the final layer of surfacing or existing pavement to remain in place or which conflicts with a subsequent or new traffic pattern for the area shall be removed when no longer required for the direction of public traffic, as determined by the Project Manager. TEMPORARY LANELINE AND CENTERLINE DELINEATION Whenever lanelines or centerlines are obliterated, temporary pavement delineation is necessary to replace the lines. The minimum laneline and centerline delineation to be provided for that area 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 pavement 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. The temporary pavement markers shall be placed in conformance with the manufacturer's instructions. Temporary pavement markers for long term day/night use (6 months or less) shall be cemented to the surfacing with the adhesive recommended by the manufacturer, except epoxy adhesive shall not be 2007 Roadway Maintenance Sealing Project Contract No. 07-12 81 of 91 used to place the temporary pavement markers in areas where removal of the temporary pavement markers will be required. Temporary laneline or centerline delineation consisting entirely of temporary pavement markers listed for short term day/night use (14 days or less), shall be placed on longitudinal intervals of not more than 24 feet and shall be used for a maximum of 14 days on lanes opened to public traffic. Prior to 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, the Contractor shall replace the temporary pavement markers and provide additional temporary pavement delineation and shall bear the cost thereof. 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 Project Manager. Where "no passing" centerline pavement delineation is obliterated, the following "no passing" zone signing shall be installed prior to opening the lanes to public traffic. C18 (ROAD CONSTRUCTION AHEAD) or C23 (ROAD WORK AHEAD) signs shall be installed from 1000 ft to 2000 ft ahead of "no passing" zones. R63 (DO NOT PASS) signs shall be installed at the beginning and at every 2000 ft interval within "no passing" zones. R64 (PASS WITH CARE) signs shall be installed at the end of "no passing" zones. The exact location of "no passing" zone signing will be as determined by the Project Manager and shall be maintained in place for 2 months or until permanent "no passing" centerline pavement delineation has been applied, whichever is less. The signing for "no passing" zones, shall be removed when no longer required for the direction of public traffic. The signing for "no passing" zones shall conform to the provisions in "Construction Area Signs" of these special provisions, except for payment. Full compensation for furnishing, placing, maintaining, and removing the temporary pavement markers (including underlying adhesive, layout (dribble) lines to establish alignment of temporary pavement markers or used for temporary laneline and centerline delineation and signing specified for "no passing" zones) for those areas where temporary laneline and centerline delineation and for providing equivalent patterns of permanent traffic lines for those areas when required, shall be considered as included in the contract prices paid per square yard for Polymer Modified Emulsified Asphaltic Slurry Seal or Rejuvenating Latex Modified Asphaltic Emulsion Chip Seal and no separate payment will be made therefor. TEMPORARY EDGELINE DELINEATION Whenever edgelines are obliterated and temporary pavement delineation is necessary to replace those edgelines, the edgeline delineation to be provided for those areas adjacent to lanes open to public traffic shall be as follows: A. Temporary pavement delineation for right edgelines shall, at the option of the Contractor, consist of either a solid 4 inches wide traffic stripe of the same color as the stripe the temporary edgeline delineation replaces, or traffic cones, portable delineators or channelizers placed at longitudinal intervals not to exceed 100 feet. B. Temporary pavement delineation for left edgelines shall, at the option of the Contractor, consist of either solid 4 inches wide traffic stripe of the same color as the stripe the temporary edgeline delineation replaces, traffic cones, portable delineators or channelizers placed at longitudinal intervals not to exceed 100 feet or temporary pavement markers placed at longitudinal intervals 2007 Roadway Maintenance Sealing Project Contract No. 07-12 82 of 91 of not more than 6 feet. Temporary pavement markers used for temporary left edgeline delineation shall be one of the types of 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. Traffic stripe (4 inches wide) placed as temporary edgeline delineation which will require removal shall conform to the provisions of "Temporary Traffic Stripe (Tape)" of these special provisions. Where removal of the 4 inches wide traffic stripe will not be required, painted traffic stripe conforming to the provisions of "Temporary Traffic Stripe (Paint)" of these special provisions may be used. The quantity of temporary traffic stripe (tape) or temporary traffic stripe (paint) used for this temporary edgeline delineation will not be included in the quantities of tape or paint to be paid for. The lateral offset for traffic cones, portable delineators or channelizers used for temporary edgeline delineation shall be as determined by the Project Manager. If traffic cones or portable delineators are used as temporary pavement delineation for edgelines, the Contractor shall provide personnel to remain at the project site to maintain the cones or delineators during the hours of the day that the portable delineators are in use. Channelizers used for temporary edgeline delineation shall be the surface mounted type and shall be orange in color. Channelizer bases shall be cemented to the pavement in the same manner provided for cementing pavement markers to pavement in "Pavement Markers" of these special provisions, except epoxy adhesive shall not be used to place channelizers on the top layer of pavement. Channelizers shall be, at the Contractor's option, one of the surface mount types (3 feet) listed in "Prequalified and Tested Signing and Delineation Materials" of these special provisions. Temporary edgeline delineation shall be removed when no longer required for the direction of public traffic as determined by the Project Manager. Full compensation for furnishing, placing, maintaining, and removing temporary edgeline delineation, including underlying adhesive, for those areas where temporary edgeline delineation is necessary shall be considered as included in the contract price paid per square yard for Polymer Modified Emulsified Asphaltic Slurry Seal or Rejuvenating Latex Modified Asphaltic Emulsion Chip Seal and no separate payment will be made therefor. Retroreflective pavement markers conforming to the provisions in Section 85, "Pavement Markers," of the Standard Specifications may be used in place of temporary pavement markers for long term day/night use (6 months or less) except to simulate patterns of broken traffic stripe. Placement of the retroreflective pavement markers used for temporary pavement markers shall conform to the provisions in "Pavement Markers" of these special provisions except the waiting period provisions before placing the pavement markers on new asphalt concrete surfacing as specified in Section 85-1.06, "Placement," of the Standard Specifications shall not apply and epoxy adhesive shall not be used to place pavement markers in areas where removal of the pavement markers will be required. MEASUREMENT AND PAYMENT Reflectors on temporary railing (Type K) shall conform to the provisions in "Prequalified and Tested Signing and Delineation Materials" of these special provisions. 2007 Roadway Maintenance Sealing Project Contract No. 07-12 83 of 91 Temporary railing (Type K) shall conform to the details shown on Standard Plan T3. Temporary railing (Type K) fabricated prior to January 1, 1993, and conforming to 1988 Standard Plan B11-30 may be used, provided the fabrication date is printed on the required Certificate of Compliance. Attention is directed to "Public Safety" and "Order of Work" of these special provisions. Temporary railing (Type K) placed in conformance with the provisions in "Public Safety" of these special provisions will be neither measured nor paid for. 10-1.09 EXISTING HIGHWAY FACILITIES The work performed in connection with various existing highway facilities shall conform to the provisions in Section 15, "Existing Highway Facilities," of the Standard Specifications and these special provisions. ON SHENANDOAH ROAD ONLY, the Contractor will take care to not damage, mar, or soil the existing centerline stripe and raised pavement markers. Full compensation for protecting existing pavement markers and centerline stripe shall be considered as included in the contract price paid per square yard for Polymer Modified Emulsified Asphaltic Slurry Seal or Rejuvenating Latex Modified Asphaltic Emulsion Chip Seal and no separate payment will be made therefor. REMOVE PAVEMENT MARKER EXCEPT FOR SHENANDOAH ROAD, the Contractor shall remove and dispose of all existing thermoplastic striping, legends and raised pavement markers within the work limits. When removing the raised pavement markers the Contractor shall remove any adhesive left on pavement caused from the removal of raised pavement markers. Full compensation for removing and disposing of pavement markers and underlying adhesive shall be considered as included in the contract price paid per square yard for Polymer Modified Emulsified Asphaltic Slurry Seal or Rejuvenating Latex Modified Asphaltic Emulsion Chip Seal and no separate payment will be made therefor. REMOVE TRAFFIC STRIPE AND PAVEMENT MARKING Traffic stripe and pavement marking shall be removed only in areas that insufficient bonding to the existing surface may occur or as directed by the Project Manager. The Contractor shall prepare a project specific Lead Compliance Plan to prevent or minimize worker exposure to lead while handling removed yellow thermoplastic and yellow paint residue. Attention is directed to Title 8, California Code of Regulations, Section 1532.1, "Lead," for specific Cal-OSHA requirements when working with lead. The Lead Compliance Plan shall contain the elements listed in Title 8, California Code of Regulations, Section 1532.1(e)(2)(B). Before submission to the Project Manager, the Lead Compliance Plan shall be approved by an Industrial Hygienist certified in Comprehensive Practice by the American Board of 2007 Roadway Maintenance Sealing Project Contract No. 07-12 84 of 91 Industrial Hygiene. The Plan shall be submitted to the Project Manager at least 7 days prior to beginning removal of yellow thermoplastic and yellow paint. Prior to removing yellow thermoplastic and yellow painted traffic stripe and pavement marking, personnel who have no prior training, including State personnel, shall complete a safety training program provided by the Contractor that meets the requirements of Title 8, California Code of Regulations, Section 1532.1, "Lead," and the Contractor's Lead Compliance Program. Personal protective equipment, training, and washing facilities required by the Contractor's Lead Compliance Plan shall be supplied to State personnel by the Contractor. The number of State personnel will be 3. Where grinding or other methods approved by the Project Manager are used to remove yellow thermoplastic and yellow painted traffic stripe and pavement marking, the removed residue, including dust, shall be contained and collected immediately. Sweeping equipment shall not be used. Collection shall be by a high efficiency particulate air (HEPA) filter equipped vacuum attachment operated concurrently with the removal operations or other equally effective methods approved by the Project Manager. The Contractor shall submit a written work plan for the removal, storage, and disposal of yellow thermoplastic and yellow painted traffic stripe and pavement marking to the Project Manager for approval not less than 15 days prior to the start of the removal operations. Removal operations shall not be started until the Project Manager has approved the work plan. The removed yellow thermoplastic and yellow painted traffic stripe and pavement marking residue shall be stored and labeled in covered containers. Labels shall conform to the provisions of Title 22, California Code of Regulations, Sections 66262.31 and 66262.32. Labels shall be marked with date when the waste is generated, the words "Hazardous Waste", composition and physical state of the waste (for example, asphalt grindings with thermoplastic or paint), the word "Toxic", the name and address of the Project Manager, the Project Manager's telephone number, contract number, and Contractor or subcontractor. The containers shall be a type approved by the United States Department of Transportation for the transportation and temporary storage of the removed residue. The containers shall be handled so that no spillage will occur. The containers shall be stored in a secured enclosure at a location within the project limits until disposal, as approved by the Project Manager. If the yellow thermoplastic and yellow painted traffic stripe and pavement marking residue is transported to a Class 1 disposal facility, a manifest shall be used, and the transporter shall be registered with the California Department of Toxic Substance Control. The Project Manager will obtain the United States Environmental Protection Agency Identification Number and sign all manifests as the generator within 2 working days of receiving sample test results and approving the test methods. The Contractor shall assume that the yellow paint removed is not regulated under the Federal Resource Conservation and Recovery Act (RCRA). Additional disposal costs for removal residue regulated under RCRA, as determined by test results required by the disposal facility, will be paid for as extra work as provided in Section 4-1.03D, "Extra Work," of the Standard Specifications. 2007 Roadway Maintenance Sealing Project Contract No. 07-12 85 of 91 Nothing in these special provisions shall relieve the Contractor of the Contractor's responsibilities as specified in Section 7-1.09, "Public Safety," of the Standard Specifications. The contract lump sum price paid for Lead Compliance Plan shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals and for doing all the work involved in preparing the Lead Compliance Plan, including paying the Certified Industrial Hygienist, and for providing personnel protective equipment, training, air monitoring, and medical surveillance, as specified in the Standard Specifications and these special provisions, and as directed by the Project Manager. Full compensation for providing a written work plan for the removal, storage, and disposal of yellow thermoplastic and yellow painted traffic stripe and pavement marking shall be considered as included in the contract prices paid per square yard for Polymer Modified Emulsified Asphaltic Slurry Seal or Rejuvenating Latex Modified Asphaltic Emulsion Chip Seal and no separate payment will be made therefor. SECTION 11. (BLANK) SECTION 12. (BLANK) SECTION 13. (BLANK) SECTION 14. (BLANK) 2007 Roadway Maintenance Sealing Project Contract No. 07-12 86 of 91 APPENDIX A: LIST OF PROJECT LOCATIONS AND DETAILED SCOPE OF WORK SITE #1 – RUNNING GOLD RANCH SUBDIVISION FROM / TO LOCATION and WORK TO BE PERFORMED Lane-Miles Square Yards 0.000 0.300 COLT DRIVE – Crack Seal & Slurry Seal 0.600 3,872 0.000 0.040 ROAN COURT – Crack Seal & Slurry Seal RUNNING GOLD ROAD – Crack Seal & Slurry Seal 0.266 (including temporary pavement delineation) 0.080 518 0.532 3,432 0.000 SITE #2 – SUTTON PLACE SUBDIVISION FROM / TO LOCATION and WORK TO BE PERFORMED Lane-Miles Square Yards 0.000 0.258 COVENTRY COURT – Crack Seal & Slurry Seal 0.516 3,643 0.000 0.042 TRENT COURT – Crack Seal & Slurry Seal 0.084 857 0.000 0.664 TRENT WAY – Crack Seal & Slurry Seal 1.328 8,882 0.000 0.239 YORK LANE – Crack Seal & Slurry Seal 0.478 3,397 SITE #3 – WILDWOOD SUBDIVISION FROM / TO LOCATION and WORK TO BE PERFORMED Lane-Miles Square Yards 0.000 0.340 BURNT CEDAR LANE – Crack Seal & Slurry Seal 0.680 5,744 0.000 0.040 VISTA AMAROSA COURT – Crack Seal & Slurry Seal 0.08 1,100 0.000 0.110 VISTA SIERRA COURT – Crack Seal & Slurry Seal 0.22 2,041 0.000 0.110 WILDWOOD COURT – Crack Seal 0.22 N/A SITE #4 – JACKSON PINES SUBDIVISION FROM / TO LOCATION and WORK TO BE PERFORMED Lane-Miles Square Yards N/A 2,833 0.000 0.140 CLINTON PEAK COURT – Slurry Seal 0.000 0.140 ELLINWOOD WAY – Slurry Seal N/A 2,217 0.000 0.190 GOLDEN OAKS COURT – Slurry Seal N/A 3,289 0.000 0.050 IRISH COURT – Slurry Seal N/A 0.000 0.058 JACKSON PINES DRIVE – Slurry Seal N/A 7,145 0.000 0.210 MIERKEY COURT – Slurry Seal N/A 1,207 0.000 0.170 MIERKEY ROAD – Slurry Seal N/A 2,625 2007 Roadway Maintenance Sealing Project Contract No. 07-12 87 of 91 1,175 APPENDIX A: LIST OF PROJECT LOCATIONS AND DETAILED SCOPE OF WORK (CONTINUED) SITE #5 – SIERRA VISTA PINES SUBDIVISION FROM / TO LOCATION and WORK TO BE PERFORMED Lane-Miles Square Yards 0.000 0.570 BUCKBOARD DRIVE – Crack Seal 1.140 N/A 0.000 0.498 DEERWOOD DRIVE – Crack Seal 0.996 N/A 0.000 0.240 MOUNTAIN VIEW WAY – Crack Seal 0.480 N/A 0.000 0.750 PONDEROSA DRIVE – Crack Seal 1.500 N/A SITE #6 – UPPER RIDGE ROAD AREA FROM / TO LOCATION and WORK TO BE PERFORMED Lane-Miles Square Yards 0.000 0.800 DAPPLE DRIVE – Crack Seal & Chip Seal 1.600 10,325 0.000 N/A 991 0.000 0.130 GLORIA LANE – Chip Seal LUPE ROAD – Crack Seal & Chip Seal 1.100 (including temporary pavement delineation) 2.200 12,907 0.000 0.090 MARGOT Lane – Chip Seal N/A 1,413 0.000 0.390 PONDEROSA WAY – Chip Seal N/A 4,576 0.000 0.370 RAINBOW MINE ROAD – Chip Seal N/A 4,342 0.000 1.350 SURREY JUNCTION LANE – Crack Seal & Chip Seal 2.700 17,424 4.280 4.450 RIDGE ROAD (at NEW YORK RANCH RD) –Crack Seal 0.170 N/A SITE #7 – BUENA VISTA / PLYMOUTH AREA FROM / TO DESCRIPTION OF WORK Square Yards 0.000 VILLAGE DRIVE - Chip Seal 2.840 (including temporary pavement delineation) 39,987 0.300 SHENANDOAH ROAD – Chip Seal (two 11.5’ lanes protect 5.600 existing striping & markers in center of road) 71,515 2007 Roadway Maintenance Sealing Project Contract No. 07-12 88 of 91 APPENDIX B: VICINITY MAP 2007 Roadway Maintenance Sealing Project Contract No. 07-12 89 of 91 APPENDIX C: PREVAILING WAGE RATES GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA LABOR CODE PART 7, CHAPTER 1, ARTICLE 2, SECTIONS 1770, 1773 AND 1773.1 FOR COMMERCIAL BUILDING, HIGHWAY, HEAVY CONSTRUCTION AND DREDGING PROJECTS CRAFT: SLURRY SEAL WORKER DETERMINATION: NC-830-X-69-2000-1 ISSUE DATE: February 22, 2000 EXPIRATION DATE OF DETERMINATION: April 1, 2000* Effective until superseded by a new determination issued by the Director of Industrial Relations. Contact the Division of Labor Statistics and Research (415) 703-4774 for the new rates after 10 days from the expiration date, if no subsequent determination is issued. LOCALITY: All localities within Alameda, Alpine, Amador, Butte, Calaveras, Colusa, Contra Costa, Del Norte, El Dorado, Glenn, Humboldt, Lake, Lassen, Madera, Marin, Mariposa, Mendocino, Merced, Modoc, Monterey, Napa, Nevada, Placer, Plumas, Sacramento, San Benito, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Shasta, Sierra, Siskiyou, Solano, Sonoma, Stanislaus, Sutter, Tehama, Trinity, Tuolumne, Yolo and Yuba Counties. Employer Payments Straight-Time Overtime Hourly Rates__ Classification Basic Health Pension Vacation/ Training Hours Total Daily Holiday (Journeyperson) Hourly and Holiday Hourly Rate Welfare Rate 1 1/2X 2X 2X 2007 Roadway Maintenance Sealing Project Contract No. 07-12 90 of 91 Sealer/Mixer $14.89 1.72 .90 a.91 - 8 $18.42 b$25.865 $33.31 $33.31 Shuttleperson, Applicator Operator, Squeegeeperson 13.18 1.72 .90 a.91 - 8 16.71 b23.30 29.89 29.89 Traffic Surface Protective Coating Applicator 15.51 1.72 .90 a.91 - 8 19.04 b26.795 34.55 34.55 Traffic Controlperson 8.62 1.72 .90 a.91 - 8 12.15 b16.46 20.77 20.77 _____________________ a Rate applies to first year of employment only; $1.28 per hour worked for employment over one year but less than 5 years; $1.71 per hour worked for over 5 years but less than 10 years; $2.08 per hour worked for 10 years or more. The overtime computations should be increased by any applicable increase in Vacation/Holiday pay. b Rate applies to first 4 overtime hours in any one day and for work in excess of 40 hours in any one designated work week. All other overtime is paid at the double time rate. RECOGNIZED HOLIDAYS: Holidays upon which the general prevailing hourly wage rate for Holiday work shall be paid, shall be all holidays in the collective bargaining agreement, applicable to the particular craft, classification, or type of worker employed on the project, which is on file with the Director of Industrial Relations. If the prevailing rate is not based on a collectively bargained rate, the holidays upon which the prevailing rate shall be paid shall be as provided in Section 6700 of the Government Code. You may obtain the holiday provisions for the current determinations on the Internet at http://www.dir.ca.gov/DLSR/PWD. Holiday provisions for current or superseded determinations may be obtained by contacting the Prevailing Wage Unit at (415) 703-4774. TRAVEL AND/OR SUBSISTENCE PAYMENT: In accordance with Labor Code Sections 1773.1 and 1773.9, contractors shall make travel and/or subsistence payments to each worker to execute the work. You may obtain the travel and/or subsistence provisions for the current determinations on the Internet at http://www.dir.ca.gov/DLSR/PWD. Travel and/or subsistence requirements for current or superseded determinations may be obtained by contacting the Prevailing Wage Unit at (415) 703-4774. 52-A 2007 Roadway Maintenance Sealing Project Contract No. 07-12 91 of 91