BON AIR ROAD BRIDGE REPLACEMENT Project Specifications Bon Air Road... · BON AIR ROAD BRIDGE REPLACEMENT Project Specifications FEDERAL-AID PROJECT NO. BHLS 5166 (015) and Contract

BON AIR ROAD BRIDGE REPLACEMENT Project Specifications FEDERAL-AID PROJECT NO. BHLS 5166 (015) and Contract Documents

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Table of Contents Page 2

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TABLE OF CONTENTS Section 100 - Project Summary ......................................................................................... 9

Section 200 - Notice Inviting Bids ................................................................................... 13

Section 300 - General Provisions.................................................................................... 19

301. Definitions .......................................................................................................... 19

302. Preliminary Matters ............................................................................................ 21

303. Contract Documents .......................................................................................... 21

304. Site Of The Work ............................................................................................... 25

305. Bonds And Insurance ......................................................................................... 30

306. Contractor’s Responsibilities .............................................................................. 35

307. Other Work ........................................................................................................ 46

308. City’s Responsibilities ........................................................................................ 47

309. Director Of Public Works Status During Construction ........................................ 48

310. Changes In The Work ........................................................................................ 48

311. Change Of Contract Price .................................................................................. 49

312. Change Of Contract Times ................................................................................ 55

313. Inspections And Tests; Correction, Removal, Or Acceptance Of Defective Work 56

314. Payments To Contractor And Completion .......................................................... 59

315. Suspension Of Work And Termination ............................................................... 63

316. Obligations And Waivers .................................................................................... 66

317. Laws, Ordinances, And Regulations .................................................................. 67

Section 400 -Special Provisions ..................................................................................... 85

Section 500 - Bidder’s Section ........................................................................................ 89

501. Bidder's Representations ................................................................................... 89

502. Examination Of Plans, Specifications, Contract, And Work Site ........................ 89

503. Pre-Bid Communication And Interpretation Of The Bid Package ....................... 90

504. Pre-Bid Access To The Project Site ................................................................... 91

505. Bidding Procedure ............................................................................................. 91

506. Bid Protests ....................................................................................................... 93

507. Award ................................................................................................................. 94

508. Pricing ................................................................................................................ 94

509. Quantities ........................................................................................................... 95


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510. Subcontracting ................................................................................................... 95

511. Assignment ........................................................................................................ 96

512. Bonds ................................................................................................................. 96

513. Labor Laws ........................................................................................................ 96

514. Bidder's Checklist .............................................................................................. 98

515. Bidder's Proposal ............................................................................................... 99

516. Bid Schedule .................................................................................................... 101

517. Non-Collusion Affidavit ..................................................................................... 110

518. Bid Bond .......................................................................................................... 111

519. Designation Of Subcontractors ........................................................................ 113

520. Experience And Financial Qualifications .......................................................... 114

521. List Of Contracts Satisfactorily Completed In The Last Three Years: .............. 121

522. List Of Plant And Equipment Owned By The Bidder ........................................ 122

523. Debarment Certification ................................................................................... 123

524. Contractor Verification ..................................................................................... 124

Section 600 - Construction Documents ....................................................................... 127

601. Construction Agreement .................................................................................. 127

602. Performance Bond (On Surety Letterhead) ..................................................... 132

603. Labor And Materials Bond (On Surety Letterhead) .......................................... 134

604. Defective Material And Workmanship Bond ..................................................... 136

605. Guarantee ........................................................................................................ 138

606. Escrow Agreement For Security Deposits In Lieu Of Retention ....................... 139

Section 700 - Technical Specifications ........................................................................ 145

Section 800 - Project Plans ........................................................................................... 242 Appendix A ...................................................................................................................... A-1

Prompt Payment of Funds Withheld To Subcontractors ................................................ A-3

Form FHWA-1273 Required Contract Provisions Federal-Aid Contracts ...................... A-3

Federal Trainee Program ............................................................................................. A-22

Title VI Assurances ...................................................................................................... A-24

Equal Employment Opportunity Certification ............................................................... A-26

Nonlobbying Certification for Federal-Aid Contracts .................................................... A-27

Disclosure Of Lobbying Activities ................................................................................ A-28

Construction Contract DBE Commitment .................................................................... A-32


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DBE Information —Good Faith Efforts ......................................................................... A-35

Federal Minimum Wage Rates .................................................................................... A-38


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Section 100 - Project Summary Page 7

SECTION 100 - PROJECT SUMMARY


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SECTION 100 - PROJECT SUMMARY PROJECT DESCRIPTION:

BON AIR ROAD BRIDGE REPLACEMENT FEDERAL-AID PROJECT NO. BHLS 5166 (015)

The Contractor is responsible for Replacing Bon Air Road Bridge, an existing ten-span concrete slab on steel girders bridge on pile column extensions at the piers and piles supporting the abutments. The new bridge will be a wider five span precast prestressed concrete box girder bridge on concrete cast-in-drilled hole piles and will include 10 foot sidewalks. The project will also include roadway improvements up to the new bridge.

PRE-BID: There is no pre-bid conference for this project.

TIME FOR COMPLETION: 1491 calendar days to substantial completion.

LIQUIDATED DAMAGES: Liquidated damages will be $8,300 per day.

PLANS AND SPECIFICATIONS: Available to download through EBidBoard at: http://bit.ly/LarkspurBidDocs

SEALED BIDS SHALL BE SUBMITTED TO: City of Larkspur, Public Works Department, 325 Doherty Drive, Larkspur, CA 94939.

Bids are due by on Tuesday, January 30, 2018 at 2:00 PM at which time they will be publicly opened and read. Late submissions will not be accepted.

Prepared under the direction of: Julian Skinner, P.E. Director of Public Works/City Engineer R.C.E. 69802, Exp 06/30/2018

http://bit.ly/LarkspurBidDocs


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Section 200 - Notice Inviting Bids Page 11

SECTION 200 - NOTICE INVITING BIDS


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SECTION 200 - NOTICE INVITING BIDS The City of Larkspur invites bids for:

BON AIR ROAD BRIDGE REPLACEMENT FEDERAL-AID PROJECT NO. BHLS 5166(015)

SEALED BIDS will be received at the City of Larkspur Public Works Department, 325 Doherty Drive, Larkspur, CA 94939, until the hour of 2:00 p.m. on Tuesday, January 30, 2018, at which time they will be publicly opened and read, for performing the following work:

The work generally consists of replacing Bon Air Road Bridge over Corte Madera creek.

Work hours are limited to 7:00 AM to 6:00 PM, Monday thru Friday, and 9:00 a.m. to 5:00 p.m. on Saturday. No Sunday work is allowed without prior approval from the Public Works Director.

The Plans, Specifications and Bid Book are available for download through www.Ebidboard at http://bit.ly/LarkspurBidDocs.

The Contract DBE goal is 10%. Exhibit 15-G “Construction Contract DBE Commitment”, DBE Confirmation and Exhibit 15-H DBE Information-Good Faith Efforts Documents are required to be submitted no later than 4 p.m. on the 4th business day after bid opening.

PRE-BID: There is no pre-bid conference for this project.

In accordance with California Public Contract Code Section 20170, all bids must be presented under sealed cover and include one of the following forms of bidder’s security: cash, cashier’s check made payable to the City, certified check made payable to the city, or a bidder’s bond. The amount of bidder’s security provided must equal at least ten (10) percent of the total bid price for the base bid and the additive or deductive items listed in this notice. The successful bidder must submit to the City complete, executed copies of all required documents within ten (10) working days of receiving written notice of award of the project. The successful Bidder’s security will be forfeited to the City if the Bidder fails to submit all required documents. Such required documents include, but are not limited to, a payment or labor and materials bond in an amount of at least 100 percent of the amount payable by the terms of the project contract and that satisfies the requirements of California Civil Code Section 3248, and a performance bond in an amount of at least 100 percent of the amount payable by the terms of the contract. All project bonds must be executed by an admitted surety insurer in accordance with applicable law and acceptable to the City.

Bids shall be marked: "Bid of (Contractor) for the BON AIR ROAD BRIDGE REPLACEMENT - FEDERAL-AID PROJECT NO. BHLS 5166(015)," along with date and time of bid opening.

Bidders are hereby notified that provisions of the Labor Code of the State of California, regarding the prevailing wages shall be applicable to the work to be performed under this contract. Pursuant to Labor Code Section 1773 the general prevailing wage rates have been determined by the Director of the California Department of Industrial Relations and appear in the California Prevailing Wage Rates, copies of which are on file with the City Clerk of the City of Larkspur and are available to interested parties on request. Future effective wage rates which have been predetermined and

http://bit.ly/LarkspurBidDocs


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are on file with the California Department of Industrial Relations are referenced but are not printed in such publication.

The work covered by this agreement is a "public work" as that term is defined in California Labor Code, Division 2, Part 7, and Chapter 1. Bidders are advised that if they intend to use a craft or classification not shown on the general wage determination, they may be required to pay the wage rate of that craft or classification most clearly related to it as shown in the general determinations.

Contractor shall have the responsibility to comply with applicable provisions of Section 1777.5 of the Labor Code for all apprentice occupations. In the event Contractor willfully fails to comply with the applicable provisions of Section 1777.5, Contractor shall forfeit as a civil penalty the sum of $100.00 for each calendar day of non-compliance, which money may be withheld by City pursuant to the provisions of Labor Code Section 1777.5.

Contractor agrees, in accordance with Section 1771.1 of the California Labor Code, that contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to California Labor Code section 1725.5. Contractor agrees, in accordance with Section 1771.4 of the California Labor Code, this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Contractor may elect to receive 100 percent of payments due under the contract from time to time, without retention of any portion of the payment by the City of Larkspur, by depositing securities of equivalent value to the retention amount in accordance with the provisions of Section 22300 of the Public Contracts Code. Such securities, if deposited by the Contractor, shall be valued by the Director of Public Works whose decision of such valuation shall be final.

All Bidders shall be licensed under the provisions of Chapter 9, Division 3, of the Business and Professions Code of the State of California to do the type of work contemplated in the project and shall be skilled and regularly engaged in the general class or type of work called for under the Contract.

Any bidder or Contractor not properly licensed with the State of California shall be subject to all legal penalties imposed by law, including, but not limited to, any appropriate disciplinary action by the Contractors' State License Board. Failure of the bidder to obtain proper and adequate licensing for an award of the contract shall constitute a failure to execute the contract and shall result in the forfeiture of the security of the bidder.

Each bidder who has not done work similar in nature for the City of Larkspur shall submit with this bid a statement setting forth his/her/its experience and business standing. Along with the statement, she/he/it shall list three or more projects that he/she/it has constructed, showing their original bid costs and overall costs when constructed, the names, addresses and current telephone number(s) of the owners of the said projects, whether the bidder has been a party to litigation or


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arbitration involving construction activities, the names and jurisdiction of all such litigation or arbitration and whether the bidder has ever filed for bankruptcy or become insolvent.

The City reserves the right to reject any or all bids, or to accept only a portion of certain items of the bid or to waive any informalities in the bid.

In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the 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. Sec. 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 the awarding body tenders final payment to the Contractor, without further acknowledgment by the parties.

BY SUBMITTING A BID IN RESPONSE TO THIS NOTICE INVITING BIDS, THE BIDDER SHALL BE CONCLUSIVELY DEEMED TO HAVE READ, UNDERSTOOD AND AGREED WITH ALL OF THE INFORMATION AND MATERIALS CONTAINED IN THE BID DOCUMENTS, INCLUDING BUT NOT LIMITED TO THE CONTRACT, THE GENERAL CONDITIONS, THE SPECIAL CONDITIONS, THE REQUIRED INDEMNIFICATION OBLIGATION, THE REQUIRED NATURE AND AMOUNT OF INSURANCE AND THE ENDORSEMENTS AND CERTIFICATES EVIDENCING SAID INSURANCE.

If a bidder has any problems in understanding or accepting any of the terms and/or conditions specified in the bid documents, said bidder must contact the person whose name appears below at the below specified number within five (5) calendar days of bidder's receipt of the bid documents. Otherwise, it will be presumed that bidder agrees with, understands and has read all the bid documents above specified.

DATED: November 1, 2017

By Order of the City Council CITY OF LARKSPUR, County of Marin, California By: /s/ Julian Skinner, P.E. Director of Public Works/City Engineer

R.C.E. 69802, Exp 06/30/2018


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Section 300 - General Provisions Page 17

SECTION 300 - GENERAL PROVISIONS


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SECTION 300 - GENERAL PROVISIONS BON AIR ROAD BRIDGE REPLACEMENT

FEDERAL-AID PROJECT NO. BHLS 5166(015)

301. DEFINITIONS Whenever used in the General Provisions or other parts of the Contract Document, the following terms will have these meanings: A. Addenda: Written or graphic instruments issued prior to the opening of Bids,

which make additions, deletions, or revisions to the Contract Documents. B. Agreement: The agreement between the City and Contractor concerning the

Project, as evidenced by and comprised of the Contract Documents. C. Application for Payment: The form accepted by the Director of Public Works

which is to be used by the Contractor to request progress payments or final payment and which is to be accompanied by such supporting documentation as is required by the Contract Documents.

D. Bid: The written offer of a Bidder, executed pursuant to the Bid Package, to perform the Work covered by the Agreement for a specific price.

E. Bid Package: All of the documents listed as comprising the entire Bid Package as specified in the Instructions to Bidders and representing the full set of documents made available to the bidders on the project.

F. Change Order: Amendment to the Agreement, the Project Plans, Specifications or other Contract Document in accordance with Article 310, Changes in the Work which is signed by the Contractor and the City.

G. City: The City of Larkspur. H. Clarification: A document issued by the City’s Director of Public Works to the

Contractor that interprets the requirements(s) and/or design intent of the Contract Documents, which may not represent an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times.

I. Contract Documents: All those documents listed in the Project Agreement as comprising the entire agreement between the City and Contractor.

J. Contract Time: Construction Days as stated in the Contract or established by a definite for completion of the Work.

K. Contractor: The successful bidder for the Project and party to the Project Agreement with the City as specified in the Project Agreement; and

L. A person who provides or oversees a bid for a construction project. M. A person who arranges for and sets up work schedules for contractors and

subcontractors; or N. A person who maintains oversight of a construction project.


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O. Date of Completion: The date certified in writing by the City when the Work has been satisfactorily completed in accordance with the Contract Documents.

P. Day: Unless otherwise specified in the Contract Documents, days mean working days.

Q. Department: The City of Larkspur. R. Director of Public Works: City Director of Public Works is the designated site

representative of the City. The Director of Public Works is authorized and empowered to decide matters relating to the interpretation of the Contract Document and the execution and progress of the Work. The authority granted does not include unilateral decisions by the Director of Public Works to expend additional sums of money (i.e. Change Orders, etc.)

S. Jobsite: The areas in and around the Work designated by the City for operations by the Contractor.

T. Liquidated Damages: The amount prescribed in the Contract Documents to be paid to the City, or to be deducted from any payments due or to become due the Contractor for each calendar day or other specified time of delay in completing the whole or any specified portion of the Work beyond the Contract Time allowed in the Contract; such compensation shall not be construed as a penalty.

U. Notice of Award: The written notice from the City to the successful Bidder signifying the City’s acceptance of the Bid.

V. Notice to Proceed: The written notice from the City to the Contractor authorizing and directing the Contractor to proceed with the Work and establishing the date on which the Contract Time begins.

W. Project: BON AIR ROAD BRIDGE REPLACEMENT as described in the Specifications and Project Plans.

X. Specifications: Those portions of the Contract Documents, including any addenda signed by the authorized City representatives and issued prior to bid opening, which consist of written descriptions of materials, equipment, construction systems, standards, and workmanship as applied to the Work.

Y. Subcontractor: A person, firm, or corporation that is obligated as a party to a contract with the Contractor to perform part of the Project work. For purposes of these General Provisions Subcontractors include, but are not limited to, those that are obligated as parties to a contract with the Contractor to specially fabricate and install a portion of the Project Work according to the Specifications and/or Project Plans.

Z. Work: The furnishing of all equipment, tools, apparatus, facilities, material, labor, and skill necessary to perform and complete in a good and workmanlike manner the Project as shown in the Specifications and Project Plans in accordance with the Contract Documents and applicable law.


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302. PRELIMINARY MATTERS A. Delivery of Contract Documents

1. The successful bidder must submit to the City complete, executed copies of all documents specified in the Contract Checklist within five (5) working days of receiving written Notice of Award of the Project. Bidder’s security of any successful bidder that fails to do so will be forfeited to the City.

B. Business License 1. The successful bidder and any subcontractors and others engaged in

performance of the Project must have valid local business license(s), as applicable, before commencing work on the Project. The Contractor shall submit proof of a valid license within five (5) working days of receiving written Notice of Award of the project.

C. Commencement of Contract Times; Notice to Proceed 1. Upon verifying that the successful bidder has provided complete,

executed copies of all documents specified in the Contract Checklist an authorized City representative will execute the Project contract. The successful bidder to determine commencement date. Once the Contractor specifies the commencement date to the City, the City will issue to the successful bidder a notice to proceed specifying the Project commencement date.

2. The Contractor shall commence work within five (5) working days following the Director of Public Work’s Notice to Proceed. The effective date stated in the Notice to Proceed shall be considered the first day of work for the purpose of counting work days.

D. Time for Completion 1. The time allowed for completion of the work shall be as indicated in the

project description. 2. Prior to the issuance of the Notice to Proceed, a mandatory pre-

construction conference will be held for the purpose of discussing with the Contractor the scope of work, Contract drawings, specifications, existing conditions, materials to be ordered, equipment to be used, and all essential matters pertaining to the execution of and the satisfactory completion of the project as required. The Contractor is required to attend the pre-construction conference which may include a site visit. The Contractor’s representative at this conference shall include all major superintendents for the work and may include major subcontractors. The Contractor’s initial schedule, submittals for shop drawings, and plan of operations will be reviewed and finalized at the pre-construction conference.

303. CONTRACT DOCUMENTS A. Documents Furnished by the City


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1. The City will furnish to the Contractor, free of charge, five (5) sets of prints of the Project Plans and Specifications for execution of the Work. Throughout the performance of the Work, the Contractor must keep one copy of the Project Plans and Specifications in good order and available for review by the Director of Public Works, the Designer and any other City Contractors or representatives.

B. Intent 1. The Contract Documents comprise the entire agreement between the

City and the Contractor concerning the Work. The Contract Documents are complementary; what is called for by one is as binding as if called for by all.

2. All Work shall be governed by and done in accordance with the following:

3. Contract Documents. 4. Standard Specifications, Cities and County of Marin, Department of

Public Works, latest edition (“County Standard Specifications”). 5. Uniform Construction Standards Approved and Adopted by Cities of

Marin and County of Marin, latest edition (“County Standard Drawings” or “MUCS”).

6. California State Transportation Agency, Department of Transportation, Standard Plans and Specifications, 2015 edition (“State Plans” or “State Specifications”) and all current revisions.

7. California State and Consumer Services Agency, Building Standards Commission, Building Code, latest edition (“Building Code”).

C. Order of Precedence of Contract Documents 1. In the event of a conflict between or among the Contract Documents,

precedence will be in the following order: a. The Agreement and change orders and other amendments to

the agreement signed by authorized representatives of the City and the Contractor.

b. The Special Provisions, addenda to the Special Provisions signed by authorized representatives of the City and issued prior to bid opening, Equal Product Proposals accepted by the City and signed by authorized City representatives prior to bid opening, and change orders and other amendments to the Specifications signed by authorized representatives of the City and the Contractor.

c. The Project Plans, addenda to the Project Plans signed by authorized representatives of the City and issued prior to bid opening, Equal Product Proposals accepted by the City and signed by authorized City representatives prior to bid opening, and change orders and other amendments to the Project Plans


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signed by authorized representatives of the City and the Contractor.

d. The General Provisions and change orders and other amendments to the General Provisions signed by authorized representatives of the City and the Contractor.

e. Standard Specifications, Cities and County of Marin, Department of Public Works, latest edition (“County Standard Specifications”).

f. Uniform Construction Standards Approved and Adopted by Cities of Marin and County of Marin, latest edition (“County Standard Drawings” or “MUCS”).

g. California State Transportation Agency, Department of Transportation, Standard Plans and Specifications, latest edition (“State Plans” or “State Specifications”) and all current revisions.

h. California State and Consumer Services Agency, Building Standards Commission, Building Code, latest edition (“Building Code”).

i. Notice Inviting Bids. j. Instructions to Bidders. k. The successful bidder’s completed Proposal Form and Bidder’s

Sheet. l. The successful bidder’s completed Contractor License

Information. m. The successful bidder’s completed List of Proposed

Subcontractors. n. The successful bidder’s Workers Compensation Insurance

Certification. o. The successful bidder’s completed Non-collusion Affidavit. p. The successful bidder’s Debarment Certification. q. The successful bidder’s completed Certificates of Insurance and

Endorsements. r. The successful bidder’s executed Performance Bond. s. The successful bidder’s executed Payment Bond. t. Executed Escrow for Deposit Agreement, if applicable. u. Change Order Form. v. The Defective Material and Workmanship Bond form included in

the bid package that the Contractor must execute prior to release of final payment under the Contract.


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w. The successful bidder’s Qualification Statement, if any. x. The successful bidder’s signed Signature Form.

D. Amending Contract Documents 1. City reserves the right to modify said plans and specifications as the

development progresses should unforeseen conditions occur, providing written approval is first obtained from the City’s Engineer and appropriate adjustments are made to the contract price. City reserves the right to make reasonable modifications to the plans and specifications whenever field conditions and/or public safety require such modifications. In addition, the City may make changes in this agreement or the plans and specifications in the course of construction to bring the completed work into compliance with environmental requirements or standards established by state or federal statutes and regulations enacted after the agreement has been awarded or entered into. The Contractor shall be paid for the changes in accordance with Article 311.

E. Ownership of Documents 1. All documents furnished by the City, including, but not limited to, the

Specifications, Project Plans, and any copies, are the property of the City. Documents furnished by the City may not to be used on any other work. All documents furnished by the City must be returned to City upon completion of the Work.

F. Specifications and Project Plans 1. The Specifications and Project Plans are complementary and intended

to mutually describe the Work necessary to complete the Project in accordance with the Contract Documents.

2. Anything mentioned in the Specifications and not shown on the Project Plans, or shown on the drawings and not mentioned in the specifications, shall be of life effect, as if shown or mentioned in both. In any case of difference in the figures, drawings and specifications, the matter shall be promptly submitted to the Director of Public Works who shall make a decision in writing. Any adjustment by the Contractor without this determination shall be at his/her own risk.

3. If the Contractor, in the course of the Work, finds any errors or inconsistencies, it shall be his/her duty to immediately inform the Director of Public Works in writing. Any work done after such discovery, until authorized by the City will be done at the Contractor’s risk.

4. Revised copies of all drawings and specifications pertinent to the Work will be furnished by the Director of Public Works, and the Contractor shall maintain an up-to-date, completely revised set of drawings and specifications on the job site. The Contractor shall keep an accurate


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record of all deviations from the approved design drawings and specifications which may occur in the Work as actually constructed, and shall submit to the Director of Public Works prior to request for final contract payment, drawings and specifications showing complete information as required for the correction of the drawings to the “record” condition.

5. Additional drawings necessary for the prosecution of the Work will be furnished by the Director of Public Works. The Contractor shall request any additional instructions needed and shall do no Work without drawings and instructions.

304. SITE OF THE WORK A. Availability of Lands

1. The City will furnish, as indicated in the Contract Documents, the lands upon which the work is to be performed, rights-of-way and easements for access thereto, and such other lands which are designated for the use of the Contractor. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by the City, unless otherwise provided in the Contract Documents. Nothing contained in the Contract Documents shall be interpreted as giving the Contractor exclusive occupancy of the lands or rights-of-way provided. The Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment; provided, that the Contractor shall not enter upon nor use any property not under the control of the City until a written temporary construction easement agreement has been executed by the Contractor and the property owner, and a copy of said easement furnished to the Director of Public Works prior to said use; and the City will not be liable for any claims or damages resulting from the Contractor’s trespass on or use of any such properties. The Contractor shall provide the City with a signed release from the property owner confirming that the lands have been satisfactorily restored upon completion of the Work.

B. Reports of Physical Conditions 1. Subsurface Explorations: Reference is made to any Technical

Supplement for identification of those reports of explorations and tests of subsurface conditions at the Site that have been utilized by the Director of Public Works in the preparation of the Contract Documents.

2. Existing Structures: Reference is made to any Technical Supplement for identification of those drawings of physical conditions in or relating to existing surface and subsurface structures (except underground Utilities referred to in Article 304.C herein) which are at or contiguous to the Site that have been utilized in the preparation of the Contract Documents.


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3. The City makes no representation as to the completeness of the reports or drawings referred to in Article 304.B.1 or 304.B.2 above or the accuracy of any data or information contained therein. The Contractor may rely upon the accuracy of the technical data contained in such reports and drawings. However, the Contractor may not rely upon any interpretation of such technical data, including any interpolation or extrapolation thereof, or any non-technical data, interpretations, and opinions contained therein.

C. Physical Conditions – Underground Utilities 1. The information and data indicated in the Contract Documents with

respect to existing underground Utilities at or contiguous to the Site are based on information and data furnished to the City or the Director of Public Works by the owners of such underground Utilities or by others. Unless it is expressly provided in any Supplementary General Conditions will not be responsible for the accuracy or completeness of any such information or data, and the Contractor shall have full responsibility for reviewing and checking all such information and data, for locating all underground Utilities indicated in the Contract Documents, for coordination of the Work with the owners of such underground Utilities during construction, for the safety and protection thereof and repairing any damage thereto resulting from the Work, the cost of all of which are deemed to have been included in the Contract Price.

2. Attention is directed to Section 5-1.36D of the State Specifications and these Special Provisions. a. It is not the intent of the plans to show the exact locations of

existing underground utilities or structures and the Director of Public Works assumes no responsibility therefor. Whenever any such utilities are indicated thereon the Contractor shall be responsible for verifying their actual location and depth in the field, by potholing if necessary. The Contractor shall be responsible for any damage to utilities shown on the plans, or as specified herein, as a result of his/her operations.

b. Existing utilities in the easements on private property that are not shown on the plans: the Contractor shall be responsible for locating said utilities prior to any construction and shall keep said utilities continuously functioning during the course of the work. If the Contractor for his/her own reasons needs to shut off or relocate any of said utilities, the Contractor shall give advance notice to and coordinate with the owner of the property and the occupant.

c. Equipment operating under PG&E electric and AT&T communications lines shall observe minimum clearance from


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the lines, and all other requirements, as set forth in Article 86 of the Electrical Safety Orders of the State division of Industrial Safety and AT&T requirements.

3. If applicable the Contractor shall keep the existing drainage system and sanitary sewer system fully functional at all times. If the Contractor for his/her own reasons desires to block off any portion of these systems, he shall construct a bypass system capable of handling the flow. This bypass system, if constructed, will be for the convenience of the Contractor and shall be constructed at his/her own expense.

4. The Contractor shall exercise care not to damage existing property including but not limited to trees, shrubs and landscaping outside the work area. Any damage caused by the Contractor shall be replaced by the Contractor at his/her expense.

5. Three (3) days in advance of commencing any excavation, the Contractor shall notify Underground Service Alert (USA) by calling them at (800) 227-2600, or by dialing 811.

6. Full compensation for complying with the above provisions shall be considered as having been included in the price paid for various contract items of work and no separate payment will be made thereafter.

D. Differing Site Conditions 1. The Contractor is advised to keep himself fully appraised throughout

the performance of the contract of existing conditions at the site, including the status and progress of other work threat, which may affect the performance of this contract. The Contractor shall verify all necessary measurements and elevation in the field.

2. The Contractor shall notify the Director of Public Works, in writing, of the following unforeseen conditions, hereinafter called differing Site Conditions, promptly upon their discovery (but in no event later than fourteen (14) days after their discovery) and before they are disturbed: a. Subsurface or latent physical conditions at the Site of the Work

differing materially from those indicated, described, or delineated in the Contract Documents, including those reports discussed in this Section 304, Articles B, C and E.

3. The Director of Public Works will review the pertinent conditions and determine the necessity of obtaining additional explorations or tests with respect thereto.

4. If the Director of Public Works concludes that because of newly discovered conditions a change in the Contract Documents is required, a Change Order will be issued as provided in Article 310 to reflect and document the consequences of the difference.


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5. In each such case, an increase or decrease in the Contract Price or an extension or shortening the Contract Times, or any combination thereof, will be allowable to the extent that they are attributable to any such difference. If the Director of Public Works and the Contractor are unable to agree as to the amount or length thereof, a claim may be made therefore as provided in Articles 317.T.

6. The Contractor’s failure to give notice of differing Site conditions within fourteen (14) days of their discovery and before they are disturbed shall constitute a waiver of all claims in connection therewith, whether direct or consequential in nature.

E. Hazardous Materials 1. City shall be responsible for any Asbestos, Hazardous Waste,

Petroleum, or Radioactive Material uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the work and which may present a substantial danger to persons or property exposed thereto in connection with the work at the Site. City will not be responsible for any such material brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. a. Upon discovery of any Asbestos, Hazardous Waste, Petroleum,

or Radioactive Material, the Contractor shall immediately stop all work in any area affected thereby (except in an emergency as required by Article 306.M) and notify Director of Public Works (and therefore confirm such notice in writing). Contractor shall not be required to resume any work in any such affected area until after City has obtained any required permits related thereto and delivered to Contractor special written notice. Such written notice will specify that such condition and any affected area is or has been rendered safe for the resumption of the work or specify any special conditions under which the work may be resumed safely. If the Director of Public Works and Contractor cannot agree as to entitlement to or the amount or extent of adjustment, if any, in Contract Price or Contract Times as a result of such work stoppage or such special conditions under which work is agreed by Contractor to be resumed, either party may make a claim therefore as provided in Articles 317.T.

b. If, after receipt of such special written notice, Contractor does not agree to resume such work based on a reasonable belief it is unsafe, or does not agree to resume such work under special conditions, the Director of Public Works may order such portion of the Work that is in connection with such hazardous condition or in such affected area to be deleted from the Work. If the Director of Public Works and Contractor cannot agree as to


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entitlement to or the amount or extent of an adjustment, if any, in Contract Price or Contract Times as a result of deleting such portion of the work then either party may make a claim therefore as provided in Articles 310 and 311. City may have such deleted portion of the work performed by City’s own forces or others.

2. The provisions of Articles 304.B, 304.C, and 304.D are not intended to apply to Asbestos, Petroleum, Hazardous Waste, or Radioactive Material uncovered or revealed at the Site.

3. Contractor shall comply with all federal, state and local regulations and laws pertaining to hazardous materials or hazardous substances as those terms are defined by any such law or regulation. Contractor shall indemnify, hold harmless, release and defend City, its officers, employees and agents from and against any and all actions, claims, demands, damages, disabilities, losses, costs of clean-up, remediation and/or expenses, including attorney's fees and other defense costs or liabilities of any nature that may be asserted by any person or entity including Contractor arising out of or in any way connected with Contractor's failure to comply with said hazardous substance and/or hazardous materials laws and regulations.

4. Contractor agrees that when work involves digging trenches or other excavations that extend deeper than four (4) feet below the surface, that the Contractor shall promptly notify the City in writing, before conditions are disturbed, of any of the following: a. Material that the Contractor believes may be material that is

hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law.

b. Subsurface or latent physical conditions at the site differing from those indicated.

c. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the contract.

5. Upon receipt of the notice specified in Article 304.E.1.a above, the City shall promptly investigate the conditions reported, and if the City finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the work, the City shall issue a change order under the procedures described herein.


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6. In the event that a dispute arises between the City and the Contractor as to whether the conditions materially differ or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the work, the Contractor shall not be excused from any scheduled completion date provided for by the contract, but shall proceed with all work to be performed under the contract. The Contractor shall retain any and all rights provided either by contract or by law which pertain to the resolution of disputes and protests between the Contractor and City.

7. Contractor shall make a diligent visual and, where reasonably indicated, other investigatory and exploratory inspections of the area, property and/or site upon which the work shall be performed. In addition, the Contractor shall make those investigations and inspections reasonably required of the area surrounding the site on which the work will be performed where that surrounding area may be used by the Contractor or affected by the Contractor's work and determine whether or not said surrounding area, as affected by the performance of the work presents a danger or hazard to person or property. If such a danger or hazard is likely to be caused by the performance by the Contractor of the work, the Contractor shall take those steps reasonably necessary to eliminate said danger and hazard, to the extent reasonably feasible, and the Contractor shall indemnify the City in accordance with Article 306.5, below, for any liability arising from Contractor's failure to comply with this Article from injury or damage to property or person located in said surrounding area caused by Contractor's activities hereunder.

304.5 CONTRACTOR QUALIFICATIONS A. Minimum Bridge Construction and Specialized CIDH (8 Feet or Larger) Pile

Drilling and Installation Experience in and Over Tidal Waterways

1. The Contractor, their personnel or their subcontractor must be qualified to perform CIDH drilling/ construction and must possess the following minimum experience and equipment:

a. Project experience of performing 8 feet or larger diameter drilling in waterways with tidal flows and soft, caving, saturated, and liquefiable soils with very high water tables.

b. Project experience in repairing anomalies and other deficiencies within the large diameter (8 feet or larger) CIDH to include repair methods performed.

c. At least two recent and verifiable public works projects within the last three years with successful drilling experience.


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d. Proposed Project Superintendent that meets the required experience qualifications.

e. Proposed CIDH Drilling Superintendent that meets the required experience qualifications.

f. Proposed Construction Manager who meets the minimum experience qualifications.

2. Contractor shall submit documentation included in Section 520, Experience and Financial Qualifications of past projects that demonstrate that they possess these minimum qualifications. Contractors not meeting these requirements shall be disqualified from consideration.

B. Resumes Key Personnel

1. Construction Manager

a. Provide a resume that demonstrates his/her knowledge and experience that satisfies the following requirements

i. Must possess a minimum of 10 years of responsible Project Manager experience on a bridge construction contract

ii. Must possess a minimum of 5 years construction of large diameter CIDH experience in a public/municipal projects

iii. Must possess a minimum of 5 years of experience building bridges over waterways

2. CIDH Superintendent

a. Provide a resume that demonstrate that his/her knowledge and experience satisfies the following Superintendent Requirements

i. Experience installing large diameter CIDH’s (96” or larger) that extend 100 feet or more into soft, saturated, caving soils the tidal zone of a flowing creek.

ii. Experience successfully mitigating various anomalies that were identified in large diameter CIDH’s.

iii. Must possess a minimum of 10 years drilling experience in public/municipal projects.


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iv. Must have supervised at least two large diameter CIDH (96” or larger) drilling projects in waterways with tidal flows or liquefiable soils with very high water tables.

v. Must possess a minimum of 5 years recent experience in repair methods of large diameter CIDH piles.

vi. Must possess a minimum of 5 years of supervising cofferdams installation in waterways.

vii. Must possess working knowledge of, and the equipment capable of drilling and installing large diameter (96” or larger) CIDH’s in soft, saturated, caving and liquefiable soils within the tidal zone in a flowing creek, inside a temporary cofferdam enclosure, and accessed from a temporary trestle over the water.

viii. Must possess working knowledge of, and the equipment capable of making satisfactory repairs to anomalies located in any portion of the CIDH that may be identified during the nondestructive testing of the pile.

ix. Must possess working knowledge of, “Best Management Practices” for working in and near a tidal marsh for protection of the local wildlife and nearby environment.

3. Contractor shall submit resumes with Section 520, Experience and Financial Qualifications.

305. BONDS AND INSURANCE A. Bonds

1. Contractor shall, prior to the execution of the contract, furnish two bonds in a form approved by the City, one in the amount of One Hundred Percent (100%) of the contract price to guarantee the faithful performance of the work, and one in the amount of One Hundred Percent (100%) of the contract price to guarantee payment of all claims for labor and materials furnished.

2. City shall not be required to exonerate any surety, release any security relating to satisfactory completion of the improvements until acceptance of proposed public improvements by the City or, in the case of improvements which will not be dedicated to and accepted by City, until the improvements have passed final inspection by City. In addition, release of security or exoneration of sureties will be predicated upon the receipt of required maintenance and/or warranty agreements and security therefore.


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3. The surety for such security shall be currently admitted to transact surety insurance by the California Department of Insurance and shall carry a Best's rating of no less than A+. This contract shall not become effective until such bonds are supplied to and approved by the City.

B. Insurance 1. Contractor shall obtain insurance acceptable to the City in a company

or companies acceptable to the City and with a Best Rating of no less than A: XIII. The Contractor shall furnish an original or certified copy of insurance certificates and endorsements to the City at the time Contractor returns the executed contract. The proper insurance shall be provided within ten (10) days of the date of mailing of the notice that the contract has been awarded and prior to the City executing the contract and issuing a notice to proceed. The Contractor shall not commence work nor shall she/he allow his/her employees or Sub-Contractors or anyone to commence work until all insurance required hereunder has been submitted and approved and a notice to proceed has been issued.

2. Without limiting Contractor's indemnification provided hereunder, Contractor shall take out and maintain at all times during the life of this contract, up to the date of acceptance of the work by the City, the following policies of insurance: a. Worker's Compensation insurance to cover its employees and

the Contractor shall require all Sub-Contractors similarly to provide Worker's Compensation insurance as required by the Labor Code of the State of California for all of the Sub-Contractor’s employees. All Worker's Compensation policies shall be endorsed with the provision that it will not be canceled without first giving thirty (30) days prior notice to the City.

b. In the event any class of employees engaged in hazardous work under this Contract is not protected under Workers' Compensation Statutes, the Contractor shall provide, and shall cause all Sub-Contractor’s to provide, adequate and suitable insurance for the protection of its employees not otherwise protected. Such policy must be acceptable to City and shall provide that it will not be canceled without first giving thirty (30) days’ notice to City.

c. Contractor’s worker's compensation insurance shall include the following language: "All rights of subrogation are hereby waived against the City of Larkspur, its officers and employees when acting within the scope of their appointment or employment."

d. Commercial General Liability and Automobile Liability insurance coverage which shall be at least as broad as:


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i. Insurance Services Office Commercial Liability coverage (occurrence form CG 00 01).

ii. Insurance Services Office form number CA 00 01 covering Automobile Liability, code 1 (any auto). Workers' Compensation Insurance as required by the State of California and Employer's Liability Insurance.

3. Contractor shall maintain insurance limits no less than: a. General Liability: $5,000,000 per occurrence for bodily injury,

personal and property damage. If Commercial General Liability Insurance or other form with a general aggregate is used, either the general aggregate limit shall apply separately to this contract or the general aggregate limit shall be twice the required occurrence limit.

b. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

c. Employer's Liability: $1,000,000 per accident for bodily injury or disease.

4. Each Policy required herein shall be endorsed with the following language a. The City of Larkspur, its officers, officials, employees, agents

and volunteers are named as additional insureds for all liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor and; with respect to liability arising out of the work or operations, whether ongoing or completed, by or on behalf of the named insured.

b. Except for the limits of liability, the inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverages afforded shall apply as though separate policies had been issued to each insured.

c. The insurance provided herein is primary as respects the City, its officers, officials, employees, agents and volunteers, and no insurance held or owned by the City of Larkspur shall be called upon to contribute to a loss.

d. The coverage provided by this policy shall not be canceled without thirty (30) days prior written notice given to the City.

e. This policy does not exclude explosion, collapse, underground excavation hazards or removal of lateral support.

f. Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. The City


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reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

5. In the event the work involves the construction of a building, bridge or other structure, Builder's Risk "All Risk" completed value insurance coverage (including flood but unless otherwise specified in the bid documents excluding earthquake and tidal wave) upon the entire project and including completed work and work in progress shall be obtained and maintained by Contractor throughout the term of this Agreement. The City of Larkspur shall be named as an additional insured. The insurer shall waive all rights of subrogation against the City. The policy shall be endorsed to provide that it will not be canceled without giving thirty (30) days prior written notice to City by mail. Evidence of said insurance shall be provided to the City as a condition precedent to the effectiveness of this Agreement.

6. Any deductible or self-insured retentions must be declared to and approved by City before the Work is begun.

306. CONTRACTOR’S RESPONSIBILITIES A. Supervision and Superintendence

1. The Contractor shall supervise, inspect, and direct the work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the work in accordance with the Contract Documents. The Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction and all safety precautions and programs incidental thereto. The Contractor shall be responsible to see that the completed work complies accurately with the Contract Documents.

2. The Contractor shall designate in writing and keep on the Site at all times during the performance of the work a technically qualified, English-speaking superintendent, who is an employee of the Contractor and who shall not be replaced without written notice to the Director of Public Works. The superintendent will be the Contractor’s representative at the Site and shall have authority to act on behalf of the Contractor. All communications given to the superintendent shall be as binding as if given to the Contractor.

3. The Contractor’s superintendent shall be present at the Site at all times while work is in progress and shall be available by phone for emergencies 24 hours per day, 7 days per week. Failure to observe this requirement shall be considered suspension of the Work by the Contractor until such time as such superintendent is again present at the Site.

B. Labor, Materials, and Equipment


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1. The Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and perform construction as required by the Contract Documents. The Contractor shall furnish, erect, maintain, and remove the construction facility and any required temporary works. The Contractor shall at all times maintain good discipline and order at the Site. a. Except as otherwise provided in this Article, the Contractor shall

receive no additional compensation for night work, weekend work, overtime work, i.e., work in excess of eight (8) hours in any one (1) calendar day or forty (40) hours in any one calendar week, even though such overtime work may be required under emergency conditions and may be ordered by the Director of Public Works in writing. Additional compensation will be paid to the Contractor for overtime work only in the event extra work is ordered by the Director of Public Works and the Change Order specifically authorizes the use of overtime work and then only to such extent as overtime wages are regularly being paid by the Contractor for overtime work of a similar nature in the same locality.

b. All increased costs of inspection and testing performed during night, weekend or overtime work by the Contractor which is allowed solely for the convenience of the Contractor shall be borne by the Contractor. The City has the authority to deduct the cost of all such inspection and testing from any partial payments otherwise due to the Contractor.

c. Unless otherwise specified in the Contract Documents, the Contractor shall furnish and assume full responsibility for all materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, lubricants, power, light, heat, telephone, water, sanitary facilities, and all other facilities, consumables, and incidentals necessary for the furnishing, performance, testing, start-up, and completion of the Work.

d. All materials and equipment incorporated into the Work shall be of specified quality and new, except as otherwise provided in the Contract Documents. All warranties and guarantees specifically called for by the Specifications shall expressly run to the benefit of the City. If required by the Director of Public Works, the Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind and quality of materials and equipment. All materials and equipment shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with the instructions of the applicable Supplier except as otherwise


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provided in the Contract Documents; but no provisions of any such instructions will be effective to assign to the City or any of its consultants, agents, or employees, any duty or authority to supervise or direct the furnishing or performance of the Work.

e. Equipment or material which is provided, but fails to comply with the requirements of the Contract Documents, shall be removed and replaced with complying equipment or material, at the Contractor’s sole expense, provided however, that if the progress of the work is such as to make removal impractical, the City shall have the right to accept it and reduce the contract price by an amount equivalent to the difference in its value and the complying equipment or material. The Director of Public Works may perform such factory or field tests as are deemed necessary to verify that equipment or material meets the performance standards set forth in the Contract Documents. The Contractor shall be permitted to witness such tests.

C. Schedule 1. Prior to the commencement of work, the Contractor shall furnish an

initial schedule stating the order and tentative dates in which the work will be performed. This schedule shall be updated on a day-to-day basis.

2. The Contractor shall comply with the schedule requirements. 3. If at any time during the performance of the Work, in the opinion of the

Director of Public Works, the Contractor’s progress on any phase of the work shall fall behind that necessary to enable the Contractor to complete it by the date or dates guaranteed in the Contractor’s bid and the schedule requirements, (as adjusted for the extension of time, if any, to which the Contractor is entitled under the provisions of Article 312) or if the Work, tools, plant or equipment of the Contractor appears to be or is insufficient, inefficient or inappropriate to secure the quality of the Work required, the Director of Public Works may order the Contractor, at no extra expense to the City, to take such action as the Director of Public Works deems necessary in order: a. To meet those completion dates, including but not limited to,

working additional or longer shifts and employing more labor and equipment.

b. To increase the efficiency of, improve the character of, augment the number of or to substitute new tools, plant or equipment of the Contractor as the case might be so as to secure the quality of Work required.

4. The Contractor must conform to any such order, but the failure of the Director of Public Works to so order shall not relieve the Contractor of


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his/her obligation to secure the Work within the time schedule and of the quality required by the Contract Documents.

5. If the progress of the Work falls behind schedule, the Contractor shall submit a recover program to the Director of Public Works for bringing the work back on schedule so the critical dates will be maintained. Any overtime or multiple shift operations required to meet the scheduled and guaranteed completion dates shall be provided at no additional cost to the City. The Contractor shall submit his/her recovery program with his/her progress payment request to the Director of Public Works who shall approve the recover schedule and program prior to processing the progress payment request.

D. Substitutes or “Or Equal” Items 1. Contractor shall submit proposed substitutes or “or equal” items in

accordance with the Bidding Requirements. E. Concerning Sub-Contractors, Suppliers, and Others

1. The Contractor shall perform, directly and without subcontracting, not less than twenty-five percent (25%) of the Work, to be calculated on the basis of the total contract price.

2. The Contractor shall be responsible to the City for the acts and omissions of its Subcontractors, Suppliers, and their employees to the same extent as Contractor is responsible for the acts and omissions of its own employees. Nothing contained in this Article shall create any contractual relationship between any Subcontractor and the City nor relieve the Contractor of any liability or obligation under the Contract Documents. The Contractor shall include these General Provisions and the Supplementary General Provisions as part of all its subcontract and supply agreements.

3. Bids must be in accordance with the requirements of the Subletting and Subcontracting Fair Practices Act, California Public Contract Code Section 4100 and following. Bids must include a completed list of proposed subcontractors on the form included in the bid package. In accordance with California Public Contract Code Section 4104, completed lists of proposed subcontractors must include the name, business location, the portion (type or trade), and dollar amount of the Project work to be subcontracted for each subcontractor that will perform a portion of the Project work (including special fabrication and installation of a portion of the work) valued in excess of one half of one percent of the total Project bid price. If the Project work includes construction of streets or highways, the completed list of proposed subcontractors must include the subcontractor name, business location, type of work and dollar amount to be subcontracted for each subcontractor that will perform a portion of the Project work (including special fabrication and installation of a portion of the work) valued in


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excess of one half of one percent of the total Project bid price, or ten thousand dollars ($10,000), whichever is greater.

4. In accordance with California Public Contract Code Section 4106, for any portion of the Project work with a value of more than one half of one percent of the total Project bid price for which no subcontractor is listed, or for which more than one subcontractor is listed, bidders certify by submitting their bids that they are qualified to perform that portion of the Project work and that they will perform that portion of the Project work with their own forces. Bidders may not substitute another subcontractor for a subcontractor listed in their bid except as permitted by the City in accordance with Section 4107 and following of the California Public Contract Code.

5. Subcontractors of any tier shall not subcontract any part of the Work without first obtaining the approval of the Contractor and the City. All requests for subcontract or sub-contract approval shall be made in writing.

F. Permits 1. The Contractor shall obtain and pay for all construction permits and

licenses from the agencies having jurisdiction, including the furnishing of insurance and bonds if required by such agencies. The enforcement of such requirements shall not be made the basis for claims for additional compensation by Contractor. When necessary, the City will assist the Contractor, in obtaining such permits and licenses. The Contractor shall pay all charges of utility owners for inspection or connections to the Work.

G. Patent Fees and Royalties 1. The Contractor shall pay all license fees and royalties and assume all

costs incident to the use in the performance of the work or the incorporation in the work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if to the actual knowledge of the Director of Public Works its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights will be disclosed by the Director of Public Works in the Contract Documents. The Contractor’s indemnification obligation under this Section herein, for all claims and liabilities arising out of any infringement of patent rights or copyrights incident to the use in the performance of the work resulting from the incorporation in the work of any invention, design, process, product or device not specified in the Contract Documents shall be in accordance with Article 306.S of these General Provisions.

H. Laws and Regulations


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1. The Contractor must comply with all Laws and Regulations which in any manner affect those engaged or employed on the work, the materials used in the work and, or the conduct of the work. If any discrepancy or inconsistency should be discovered between the Contract Documents and any such Laws or Regulations, the Contractor shall report the same in writing to the Director of Public Works. Any particular Law or Regulation specified or referred to elsewhere in the Contract Documents shall not in any way limit the obligation of the Contractor to comply with all other provisions of federal, state, and local laws and regulations. The Contractor’s indemnification obligations for all claims or liability arising from violation of any such law, ordinance, code, order, or regulation, whether by Contractor or by its employees, Subcontractors or Suppliers shall be in accordance with Article 306.S of these General Provisions.

I. Taxes 1. The Contractor shall pay all sales, consumer, use, and other similar

taxes required to be paid by the Contractor in accordance with the laws and regulations of the place of the Project which are applicable during the performance of the work.

J. Use of Permits 1. The Contractor shall confine construction equipment, the storage of

materials and equipment, and the operations of workers to the Site, the land and areas identified in and permitted by the Contract Documents, and the other land and areas permitted by Laws and Regulations, rights-of-way, permits, and easements. The Contractor shall assume full liability and responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any land or areas contiguous thereto, resulting from the performance of the work. Should any claim be made against the City by any such owner or occupant because of the performance of the work, the Contractor shall promptly attempt to settle with such other party by agreement or otherwise resolve the claim through litigation at the Contractor’s sole liability expense. The Contractor’s indemnification obligations for all claims and liability, arising directly, indirectly, or consequentially out of any action, legal or equitable, brought by any owner or occupant against the City, its consultants, sub-consultants, and the officers, directors, employees and agents of each and any of them to the extent caused by or based upon the Contractor’s performance of the work shall be in accordance with Article 306.S of these General Provisions.

K. Safety and Protection 1. The Contractor shall be solely responsible for initiating, maintaining,

and supervising all safety precautions and programs in connection with the work. The Contractor shall take all necessary precautions for the


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safety of, and shall provide the necessary protection to prevent damage, injury or loss to: a. All persons at the Site and other persons and organizations who

may be affected thereby; b. All the work and materials and equipment to be incorporated

therein, whether in storage on or off the Site; and c. Other property at the Site or adjacent thereto, including trees,

shrubs, lawns, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of the performance of the work.

2. The Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property or to the protection of persons or property from damage, injury, or loss and shall erect and maintain all necessary safeguards for such safety and protection. The Contractor shall notify owners of adjacent property and utilities when execution of the work may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. Contractor’s duties and responsibilities for safety and for protection of the work shall continue until such time as all the work is completed and Director of Public Works has issued a notice to the Contractor in accordance with Article 314.I that the work is acceptable (except as otherwise expressly provided in connection with Substantial Completion).

3. The Contractor shall designate a qualified and experienced safety representative at the Site whose duties and responsibilities shall be the prevention of accidents and the maintaining and supervising of safety precautions and programs.

4. Materials that contain hazardous substances or mixtures may be required on the work. A Material Safety Data Sheet shall be made available at the Site by the Contractor for every hazardous product used.

5. Material usage shall strictly conform to OSHA safety requirements and all manufacturer’s warnings and application instructions will be listed on the Material Safety Data Sheet and on the product container label.

6. The Contractor shall be responsible for the exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations.

7. The Contractor shall notify the Director of Public Works if it considers a specified product or its intended use to be unsafe. This notification must be given to the Director of Public Works prior to the product being


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ordered, or if provided by some other party, prior to the product being incorporated in the work.

8. As part of its efforts to offer the least possible obstruction and inconvenience to the public, the Contractor shall perform the following tasks: a. In order to expedite the passage of public traffic through or

around the work and where ordered by the Director of Public Works, the Contractor shall install signs, lights, flares, and barricades, and shall furnish a minimum of two flaggers for the sole convenience and direction of public traffic. Also, where directed by the Director of Public Works, the Contractor shall provide and station competent flaggers whose sole duty shall consist of directing the movement of traffic through and around the work. Where directed by the Director of Public Works, the flaggers shall be equipped with two-way radios.

b. The Contractor shall hand deliver a written notice, approved by the Director of Public Works, to all residences and/or businesses fronting each Work location, and as may be indicated on the plans, detailing the scope and time schedule for upcoming Work. This notice shall be delivered five (5) calendar days prior to commencing Work at any particular location.

c. Streets shall be posted with temporary "NO PARKING" signs. Signs shall be supplied by the Contractor and shall clearly indicate the date and hours that parking will not be allowed. Signs shall be posted forty-eight (48) hours in advance of parking restrictions.

d. A Traffic Control and Management Plan and the written notice to residents shall be submitted to the Director of Public Works for approval a minimum of seven (7) calendar days prior to proposed commencement.

L. Protection of Property 1. The Contractor shall take all necessary precautions to protect the Work

against adverse weather conditions. 2. The Director of Public Works may order the Contractor to suspend any

Work that may be subject to damage by weather conditions. No extra payment will be made for any such delay due to suspension of Work.

3. The above stipulation shall not relieve the Contractor of his/her responsibility for damages done by the weather conditions when, in the opinion of the Director of Public Works, proper protection of the Work was not made.

M. Emergencies


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1. In emergencies affecting the safety or protection of persons or the work or property at the Site or adjacent thereto, Contractor, without special instruction or authorization from Director of Public Works, is obligated to immediately act to prevent threatened damage, injury, or loss. Contractor shall give Director of Public Works prompt written notice if Contractor believes that any significant changes in the work or variations from the Contract Documents have been caused thereby. If Director of Public Works determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Change Order will be issued to document the consequences of such action.

N. Submittals 1. After checking and verifying all field measurements, the Contractor

shall submit to the Director of Public Works for review all shop drawings.

2. The Director of Public Works’ review will be only to determine if the items covered by the submittals will, after installation or incorporation in the work, generally conform to the Contract Documents and with the design concept of the completed Project.

3. The Contractor shall also submit to the Director of Public Works for review all samples.

4. Before submittal of each shop drawing or sample, the Contractor shall have determined and verified all quantities, dimensions, specified performance criteria, installation requirements, materials, catalog numbers, and similar data with respect thereto and reviewed or coordinated each shop drawing or sample with other shop drawings and samples and with the requirements of the work and the Contract Documents.

O. Continuing the Work 1. The Contractor shall carry on the work and adhere to the progress

schedule during all disputes or disagreements with the Owner. No work shall be delayed or postponed pending resolution of any disputes or disagreements, except as the Contractor and the Owner may otherwise agree in writing.

P. Contractor’s General Warranty and Guarantee 1. Contractor guarantees all of the Work for one year from the date the

City accepts the Work. Upon receiving written notice of a need for repairs which are directly attributable to defective materials or workmanship the Contractor must make good any defects arising or discovered in any part of the Work by diligently commencing the necessary repairs within seven (7) days from the date of notice from the City. If the Contractor fails to make good any defects in the Work


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in accordance with this provision, in addition to any other available remedy under the contract or at law or equity, the City may make good or have made good such defects in the Work and deduct the cost from amounts that may be due or become due the Contractor, and/or call on the Contractor’s Defective Material and Workmanship bond for the cost of making good such defects and for the City’s reasonable legal costs, if any, of recovering against the bond. The Contractor will remain responsible for repairing any Work found to be defective regardless of when such defect is discovered by the City.

2. Contractor’s obligation to perform and complete the work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of work that is not in accordance with the Contract Documents or a release of Contractor’s obligation to perform the work in accordance with the Contract Documents: a. Observations by Director of Public Works; b. Recommendation by Director of Public Works or payment by

City of any progress or final payment; c. The issuance of a Certificate of Completion by the City; d. Use or occupancy of the work or any part thereof by the City; e. Any acceptance by City or any failure to do so; f. Any review and approval of a Shop Drawing or Sample

submittal or the issuance of a notice or acceptability by Director of Public Works pursuant to Article 306.N;

g. Any inspection, test, or approval by others; or h. Any correction of Defective Work by City.

Q. As-Built Drawings 1. The Contractor shall markup clearly and legibly one set of paper prints

to show the As-Built conditions. They shall include all information as shown on the contract set of clean drawings and a record of all deviations, modifications, or changes from those drawings, however minor, which were incorporated in the work, all additional work not appearing on the contract drawings and all changes which are made after the final inspection of the contract work. These As-Built marked prints shall be kept current and available on the job site at all times. All changes from the contract plans which are made in the work or additional information which might be uncovered in the course of construction shall be accurately and neatly recorded as they occur by details and notes. No construction work shall be concealed until it has been inspected, approved and recorded. The As-Built marked prints will be jointly inspected for accuracy and completeness by the Director


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of Public Works and a responsible representative of the construction Contractor prior to submission of the monthly pay estimate. Failure to keep the As-Built marked prints on a current basis shall be sufficient justification to suspend progress payments. The drawings shall show the following information, if applicable, but not be limited thereto: a. The location of any utility lines or other installations of any kind

or description known to exist within the construction area. The location includes dimensions to permanent features.

b. The location and identification of all surface installations within 10 feet of the construction area.

c. The location and dimensions of any changes within the building or structure.

d. Correct grade or alignment of roads, structures, or utilities if any changes were made from contract plans.

e. Correct elevations if changes were made in site grading. f. Change in details of design or additional information obtained

from working drawings specified to be prepared or furnished by the Contractor including but not limited to fabrication, erection, installation plans and placing details, pipe sizes, insulation material, dimensions of equipment foundations, etc.

g. The topography and grades of all drainage installed or affected as part of the project construction.

h. All changes or modifications which result from the final inspection.

2. The As-Built marked prints shall be delivered to the Director of Public Works at the time of final inspection for his/her review and approval. All approval and acceptance of As-Built drawings shall be accomplished before final payment is made to the Contractor.

R. Cooperation and Coordination with Property Owners 1. The Contractor shall schedule his/her work to minimize inconvenience

or disruption of residences during the course of the work. Any private property which is disturbed by the work shall be repaired to its original condition and to the satisfaction of the Director of Public Works. The cost of said repairs shall be included in the prices paid for the various items of work and no extra compensation shall be allowed.

S. Indemnification 1. To the extent permitted by law, Contractor shall indemnify, hold

harmless, release and defend City, its officers, employees and agents from and against any and all actions, claims, demands, damages, disability, losses, failure to comply with any current or prospective


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laws, expenses including attorney's fees and other defense costs or liabilities of any nature that may be asserted by any person or entity including Contractor from any cause whatsoever including another's concurrent negligence arising out of or in any way connected with the activities of Contractor, his/her Sub-Contractor, employees and agents hereunder and regardless of City's passive negligence. Contractor shall be solely responsible and save City harmless from all matters relative to payment of his/her employees including compliance with Social Security, withholding, etc.

2. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable by or for Contractor under Worker's Compensation, disability or other employee benefit acts, acceptance of insurance certificates required under this agreement, or the terms, applicability or limitations of any insurance held by Contractor.

307. OTHER WORK A. Related Work at Site

1. The City may perform other work related to the Project at the Site by the City’s own forces, have other work performed by utility owners, or let other direct contracts for such other work and shall not constitute the basis for any additional claims by the Contractor. If the fact that such other work is to be performed was not noted in the Contract Documents, written notice thereof will be given to the Contractor prior to starting any such other work.

2. The Contractor shall afford each person who is performing the other work (including the City’s employees) proper and safe access to the Site and a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and shall properly coordinate the work with theirs. The Contractor shall do all cutting, fitting, and patching of the work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. The Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering their work and will only cut or alter their work with the written consent of the Director of Public Works and the others whose work will be affected.

3. If the proper execution or results of any part of the Contractor’s work depends upon such other work by another, the Contractor shall inspect and report to the Director of Public Works in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for such proper execution and results. The Contractor’s failure to report such delays, defects, or deficiencies will constitute an acceptance of the other work as fit and proper for integration with the


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Contractor’s work except for latent or non-apparent defects and deficiencies in the other work.

B. Coordination 1. The City may enter into certain contracts with others requiring

concurrent operations at the site and within the facilities occupied and under construction by the Contractor.

2. It shall be the Contractor’s responsibility to schedule his/her work as to afford reasonable access and opportunity for the execution of work by others and to integrate, connect, and coordinate his/her work with that of others.

3. The Contractor shall report, in writing, to the Director of Public Works, the improper execution, or un-readiness of work by others, upon which Contractor’s Work depends. The failure to ascertain and give written notice of the unsuitability thereof shall constitute acceptance of others’ work except as such defects may be of a latent nature and develop after completion of the Contractor’s Work.

308. CITY’S RESPONSIBILITIES A. Payments

1. The City will make payments to the Contractor as provided in Article 314.

B. Reports and Drawings 1. The City will identify and make available to the Contractor copies of

reports of physical conditions at the Site and drawings of existing structures which have been utilized in preparing the Contract Documents as set forth in Article 304.

C. Change Orders 1. The City will execute Change Orders as indicated in Article 310.

D. Inspections and Tests 1. The City’s responsibility for inspections and tests is set forth in Article

313.C. E. Suspension of Work

1. The City’s right to stop work or suspend work is set forth in Articles 313.D and 315.B.

F. Termination of Agreement 1. The City’s right to terminate services of the Contractor is set forth in

Articles 315.C, 315.D and 315.E. G. Limitations on City’s Responsibilities


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1. The City shall not supervise, direct or have control or authority over, nor be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the furnishing or performance of the work. City will not be responsible for Contractor’s failure to perform or furnish the work in accordance with the Contract Documents.

H. Undisclosed Hazardous Environmental Conditions 1. City’s responsibility in respect to an undisclosed hazardous

environmental condition is set forth in Article 304.E. 309. DIRECTOR OF PUBLIC WORKS STATUS DURING CONSTRUCTION

A. The Director of Public Works shall decide all questions which may arise as to the quality and acceptability of the final work product and shall decide all questions which may arise as to the interpretations of the plans and specifications, and all questions of the plans and specifications, and all questions as to the acceptable fulfillment of the contract on the part of the Contractor and as to compensation. His/her decision shall be final.

310. CHANGES IN THE WORK A. General

1. The City may at any time it deems necessary or desirable, require changes in the Work called for by the Contract Documents. Changes and other amendments to the Contract Documents may be made only by a writing executed by authorized representatives of the City and the Contractor.

2. All proposed change orders must be submitted on completed Change Order forms provided in the Contract Documents. If applicable, such proposed change orders must itemize all cost impacts of the proposed change order and include a total price for that change order and the amended Contract Price that would become effective upon execution of the change order. All proposed change orders must also specify any change in the Project schedule, or in any project milestone including, but not limited to, the Time for Completion, under the change order.

3. The Director of Public Works will notify the Contractor in writing of the details of the change. No increase in the contract price or extension of contract time will be made for a change if the Contractor does not advise the Director of Public Works in writing within five (5) days after receipt of the notification of change, that additional cost and/or time extension will be required to make the change. Contractor shall submit to the City a detailed breakdown of the additional costs and/or time extension required to make the change within fifteen (5) days of notification of change.


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4. No work shall commence on any change requested by the Director of Public Works until there is mutual agreement on cost or the method of determining cost is established in writing.

5. If notice of any change in the Work is required to be given to a surety, the giving of any such notice shall be the Contractor’s responsibility. If the change in the Work affects the Contract Price, the City may require an adjustment to the amount of any applicable bond and the amount of each applicable bond shall be adjusted accordingly.

6. Notwithstanding the foregoing, the Director of Public Works may, at any time, issue instruction to the Contractor requiring minor changes in the Work or schedule that are not inconsistent with the general intent of the Contract Documents, at no extra cost to the City.

7. Quantity Variations B. Work for which the Contractor has submitted unit prices in his/her bid shall be

paid for at the unit price for each unit of work actually completed. 311. CHANGE OF CONTRACT PRICE

A. General 1. The Contract Price constitutes the total compensation payable to the

Contractor performing the work. All duties, responsibilities, and obligations assigned to or undertaken by the Contractor to complete the work shall be at its expense without change in the Contract Price.

2. The Contract Price may only be changed by a Change Order. The value of any work covered by a Change Order or of any claim for an increase or decrease in the Contract Price shall be determined in one of the following ways: a. Where the work involved is covered by unit prices contained in

the Contract Documents, by application of unit prices to the quantities of the items involved;

b. By mutual acceptance of a lump sum, which may include an allowance for overhead and profit not necessarily in accordance with Article 311.D; or

c. On the basis of the cost of work (determined as provided in Article 311.C) plus the Contractor’s overhead and profit (determined as provided in Article 311.D).

3. Any claim for an increase in the Contract Price shall be based on written notice delivered by the Contractor to the Director of Public Works promptly (but in no event later than ten (10) days) after the start of the event giving rise to the claim and shall state the general nature of the claim. Notice of the amount of the claim with supporting data shall be delivered within sixty (60) days after the start of such event (unless the Director of Public Works allows an additional period of time


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to ascertain more accurate data in support of the claim) and shall be accompanied by the Contractor’s written statement that the amount claimed covers all known amounts (direct, indirect, and consequential) to which the Contractor is entitled as a result of such event. All claims for adjustment in the Contract Price will be determined by the Director of Public Works. No claim for an adjustment in the Contract Price will be valid if not submitted in accordance with this Article 311.A.2.a.

B. Costs Relating to Weather 1. The Contractor shall have no claims against the City for damages for

any injury to work, materials, or equipment, resulting from the action of the elements. If, however, in the opinion of the Director of Public Works, the Contractor has made all reasonable efforts to protect the materials, equipment, and work, the Contractor may be granted a reasonable extension of Contract Times to make proper repairs, renewals, and replacement of the work, materials, or equipment.

C. Cost of Work 1. General: The term “cost of work” means the sum of all costs

necessarily incurred and paid by the Contractor for labor, materials, and equipment in the proper performance of extra work. Except as otherwise may be agreed to in writing by the City, such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include only the following items and shall not include any of the costs itemized in Article 311.E.

2. Labor: The costs of labor will be the actual cost for wages prevailing for each craft or type of workers performing the extra work at the time the extra work is done, plus employer payments of payroll taxes, workers compensation insurance, liability insurance, health and welfare, pension, vacation, apprenticeship funds, and other direct costs resulting from federal, state or local laws, as well as assessments or benefits required by lawful collective bargaining agreements. Labor costs for equipment operators and helpers will be paid only when such costs are not included in the invoice for equipment rental. The labor costs for foremen shall be proportioned to all of their assigned work and only that applicable to extra work shall be paid. Nondirective labor costs including superintendence shall be considered part of the markup set out in Article 311.D.

3. Materials: The cost of materials reported shall be at invoice or lowest current price at which materials are locally available and delivered to the Site in the quantities involved, plus the cost of freight, delivery and storage, subject to the following: a. All trade discounts and rebates shall accrue to the City, and the

Contractor shall make provisions so that they may be obtained;


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b. For materials secured by other than a direct purchase and direct billing to the purchaser, the cost shall be deemed to be the price paid to the actual supplier as determined by the Director of Public Works. Except for actual costs incurred in the handling of such materials, markup will not be allowed;

c. Payment for materials from sources owned wholly or in part by the purchaser shall not exceed the price paid by the purchaser for similar materials from said sources on extra work items or the current wholesale price for such materials delivered to the Site, whichever price is lower; and

d. If in the opinion of the Director of Public Works the cost of material is excessive, or the Contractor does not furnish satisfactory evidence of the cost of such material, then the cost shall be deemed to be the lowest current wholesale price for the quantity concerned delivered to the Site less trade discount. The City reserves the right to furnish materials for the extra work and no claim will be allowed by the Contractor for costs and profit on such materials.

e. Equipment: The Contractor will be paid for the use of equipment at the rental rate listed for such equipment specified. Such rental rate will be used to compute payments for equipment whether the equipment is under the Contractor’s control through direct ownership, leasing, renting, or another method of acquisition. The rental rate to be applied for use of each item of equipment will be the rate resulting in the least total cost to the City for the total period of use. If it is deemed necessary by the Contractor to use equipment not listed in the publication specified, an equitable rental rate for the equipment will be established by the Director of Public Works. The Contractor may furnish cost data which might assist the Director of Public Works in the establishment of the rental rate. Payment for equipment shall be subject to the following:

f. All equipment shall, in the opinion of the Director of Public Works, be in good working condition and suitable for the purpose for which the equipment is to be used;

g. Before construction equipment is used on the extra work, the Contractor shall plainly stencil or stamp an identifying number thereon at a conspicuous location, and shall furnish to the Director of Public Works, in duplicate, a description of the equipment and its identifying number;

h. Unless otherwise specified, manufacturer’s ratings and manufacturer approved modifications shall be used to classify equipment for determination of applicable rental rates.


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Equipment which has no direct power unit shall be powered by a unit of at least the minimum rating recommended by the manufacturer; and

i. Individual pieces of equipment or tools having a replacement value of five hundred dollars ($500) or less, whether or not consumed by use, will be considered to be small tools and no payment will be made therefor.

4. Equipment Rental Time: The rental time to be paid for equipment on the Site will be the time the equipment is in productive operation on the extra work being performed and, in addition, will include the time required to move the equipment to the location of the extra work and return it to the original location or to another location requiring no more time than that required to return it to its original location; except, that moving time will not be paid if the equipment is used on other than the extra work, even though located at the Site of the extra work. Loading and transporting costs will be allowed, in lieu of moving time, when the equipment is moved by means other than its own power, except that no payment will be made for loading and transporting costs when the equipment is used at the Site of the extra work on other than the extra work. Rental time will not be allowed while equipment is inoperative due to breakdowns. The rental time of equipment on the work Site will be computed subject to the following: a. When hourly rates are listed, any part of an hour less than thirty

(30) minutes of operation will be considered to be half-hour of operation, and any part of an hour in excess of thirty (30) minutes will be considered one hour of operation;

b. When daily rates are listed, any part of a day less than four hours operation will be considered to be half-day of operation. When owner-operated equipment is used to perform extra work to be paid for on a time and materials basis, the Contractor will be paid for the equipment and operator, as set forth in Articles 303, 304 and 305, following;

c. Payment for the equipment will be made in accordance with the provisions in Article 311.C.4, herein;

d. Payment for the cost of labor and subsistence or travel allowance will be made at the rates paid by the Contractor to other workers operating similar equipment already on the Site, or in the absence of such labor, established by collective bargaining agreements for the type of workmen and location of the extra work, whether or not the operator is actually covered by such an agreement. A labor surcharge will be added to the cost of labor described herein accordance with the provisions of Article 311.C.2, herein, which surcharge shall constitute full


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compensation for payments imposed by state and federal laws and all other payments made to or on behalf of workers other than actual wages; and

e. To the direct cost of equipment rental and labor, computed as provided herein, will be added the allowances for equipment rental and labor as provided in Article 311.C, herein.

5. Special Services: Special work or services are defined as that work characterized by extraordinary complexity, sophistication, innovation, or a combination of the foregoing attributes which are unique to the construction industry. The Director of Public Works will make estimates for payment for special services and may consider the following: a. When the Director of Public Works and the Contractor,

determine that a special service or work is required which cannot be performed by the forces of the Contractor or those of any of its Subcontractors, the special service or work may be performed by an entity especially skilled in the work to be performed. After validation of invoices and determination of market values by the Director of Public Works, invoices for special services or work based upon the current fair market value thereof may be accepted without complete itemization of labor, material, and equipment rental costs;

b. When the Contractor is required to perform work necessitating special fabrication or matching process in a fabrication or a machine shop facility away from the Site, the charges for that portion of the work performed at the off-site facility may, by agreement, be accepted as a special service and accordingly, the invoices for the work may be accepted without detailed itemization; and

c. All invoices for special services will be adjusted by deducting all trade discounts. In lieu of the allowances for overhead and profit specified in Article 11.4, herein, an allowance of fifteen percent (15%) will be added to invoices for special services.

6. Sureties. All work performed hereunder shall be subject to all provisions of the Contract Documents and the Contractor’s sureties shall be bound with reference thereto as under the original Agreement. Copies of all amendments to Bonds or supplemental Bonds shall be submitted to the City for review prior to the performance of any work hereunder.

7. When payment is made on a force account basis the amount shall be determined in accordance with Sections 9-1.04A through 9-1.04D of the State Specifications, except that actual payroll taxes and required


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contributions will be used in lieu of the labor surcharge specified in the Section 9-1.04B.

D. Contractor’s Overhead and Profit 1. Extra work ordered on the basis of time and materials will be paid for at

the actual necessary cost as determined by the Director of Public Works, plus allowances for overhead and profit. The allowance for overhead and profit will include full compensation for superintendence, taxes, field office expense, extended overhead, home office overhead, and all other items of expense or cost not included in the cost of labor, materials, or equipment provided for under Article 311.C. The allowance for overhead and profit will be made in accordance with the following schedule: Overhead and Profit Allowance Labor 20 percent Materials 15 percent Equipment 15 percent To the sum of the costs and markups provided for in this Article, an additional two (2%) percent of the sum will be added as compensation for Bonds and insurance.

2. It is understood that labor, materials, and equipment for extra work may be furnished by the Contractor or by the Subcontractor on behalf of the Contractor. When all or any part of the extra work is performed by a Subcontractor, the allowance specified herein will be applied to the labor, materials, and equipment costs of the Subcontractor, to which the Contractor may add five (5%) percent of the Subcontractor’s total cost for the extra work. Regardless of the number of hierarchical tiers of Subcontractors, the five (5%) percent increase above the Subcontractor’s total cost which includes the allowances for overhead and profit specified herein may be applied one time only.

E. Excluded Costs 1. The term “cost of the work” shall not include any of the following:

a. Payroll costs and other compensation of Contractor’s officers, executives, proprietors, partners, principals, general managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor whether at the Site or in Contractor’s principal or a branch office for general administration of the work all of which are to be considered administrative costs covered by the Contractor’s allowance for overhead and profit;

b. Expenses of Contractor’s principal and branch offices other than Contractor’s office at the Site;


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c. Any part of Contractor’s capital expenses, including interest on Contractor’s capital employed for the work and charges against Contractor for delinquent payments;

d. Cost of premiums for all Bonds and for all insurance whether or not Contractor is required by the Contract Documents to purchase and maintain the same (except as provided by Article 311.D above);

e. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of Defective Work, disposal of materials or equipment wrongly supplied, and making good any damages to property; and

f. Other overhead or general expense costs of any kind and the cost of any item not specifically and expressly included in Article 311.D.

F. Contractor’s Extra Work Report 1. In order to be paid for extra work, the Contractor must submit a daily

extra work report on the form approved by the Director of Public Works. The form must be completely filled out based on the provisions of Articles 311.C through 11.5 and signed by the Contractor and Director of Public Works at the end of each work day. Failure to complete the form and obtain appropriate signatures by the next working day after the extra work of the previous day was completed will result in Contractor’s costs for extra work being disallowed.

312. CHANGE OF CONTRACT TIMES A. General

1. The Contract Times may only be changed by a Change Order. Any claim for an extension of the Contract Times shall be based on written notice delivered by the Contractor to the Director of Public Works promptly (but in no event later than two (2) days) after the start of the event giving rise to the claim and stating the general nature of the claim. Notice of the extent of the claim with supporting data shall be delivered within five (5) days after the start of such event (unless the Director of Public Works allows an additional period of time for the submission of additional or more accurate data in support of the claim) and shall be accompanied by the Contractor’s written statement that the adjustment claimed is the entire adjustment to which the Contractor is entitled as a result of said event. All claims for adjustment in the Contract Times will be determined by the Director of Public Works. No claim for an adjustment in the Contract Times will be valid if not submitted in accordance with the requirements of this Article 312.A.1). An increase in Contract Times does not mean that the Contractor is


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due an increase in Contract Price. Only compensable time extensions will result in an increase in Contract Price.

2. All time limits stated in the Contract Documents are of the essence of the Agreement.

3. When Contractor is prevented from completing any part of the work within the Contract Times (or Milestones) due to delay beyond the control of Contractor, the Contract Times (or Milestones) will be extended in an amount equal to the time lost on the critical path of the work due to such delay, if a claim is made therefore as provided in Article 312. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by City; acts or neglect of those performing other work as contemplated by Article 307; and fires, floods, epidemics, abnormal weather conditions, or acts of God. Delays attributable to and within the control of any Subcontractor or Supplier shall be deemed to be delays within the control of the Contractor.

4. In no event will City be liable to Contractor, any Subcontractor, any Supplier, any other person or organization, or to any surety for or employee or agent of any of them, for any increase in the Contract Price or other damages arising out of or resulting from the following: a. Delays caused by or within the control of Contractor; or b. Delays beyond the control of both City and Contractor including,

but not limited to, fires, floods, epidemics, abnormal weather conditions, acts of God, or acts or neglect by those performing other work as contemplated by Article 307.

B. Extensions of Contract Times for Delay due to Weather 1. The Contractor’s construction schedule shall anticipate delay due to

unusually severe weather. 2. Contract Times may be extended by the Director of Public Works

because of delays in excess of the anticipated delay. The Contractor shall, within ten (10) days of the beginning of any such delay, notify the Director of Public Works in writing and request an extension of Contract Times. The Director of Public Works will ascertain the facts and the extent of the delay and extend the Contract Times when, in its judgment, the findings of the fact justify such an extension.

313. INSPECTIONS AND TESTS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK A. Notice of Defective Work

1. Prompt notice of Defective Work known to the Director of Public Works will be given to the Contractor. All Defective Work, whether or not in place, may be rejected, corrected, or accepted as provided in this


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Article 313. Defective Work may be rejected even if approved by prior inspection.

B. Access to Work 1. Director of Public Works and other representatives and personnel of

City, independent testing laboratories, and governmental agencies with jurisdictional interests shall have access to the work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor’s Site safety procedures and programs so that they may comply therewith as applicable.

C. Inspections and Tests 1. The City reserves the right to conduct such inspection and by such

inspectors as it sees fit and hereby requires that such inspectors shall have the right to inspect all Work as it progresses and shall have access to all data relevant to the performance of this Contract. The Contractor shall provide proper facilities for such access and inspection. If the specifications, laws, ordinances, or any public authority require any work to be specifically done, tested, or approved, the Contractor shall give the City’s Director of Public Works timely notice of its readiness for inspection. If any work shall be accomplished without approval or consent, it must, if required by the Director of Public Works, be exposed for examination at the Contractor’s expense.

D. City May Stop the Work 1. If Defective Work is identified, the Director of Public Works may order

the Contractor to stop performance of the work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the Director of Public Works to stop the work shall not give rise to any duty on the part of the Director of Public Works to exercise this right for the benefit of the Contractor or any other party.

E. Correction or Removal of Defective Work 1. If required by the Director of Public Works, the Contractor shall

promptly either correct all Defective Work, whether or not fabricated, installed, or completed, or, if the work has been rejected by the Director of Public Works, remove it from the Site and replace it with non-defective Work. The Contractor shall bear all direct, indirect, and consequential costs and damages of such correction or removal, including but not limited to, fees and charges of Director of Public Works, architects, attorneys, and other professionals made necessary thereby.

F. Acceptance of Defective Work


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1. If, instead of requiring correction or removal and replacement of Defective Work, the City prefers to accept the Defective Work, the City may do so. The Contractor shall bear all direct, indirect, and consequential costs attributable to the City’s evaluation of and determination to accept such Defective Work. If any such acceptance occurs prior to final payment, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and the City shall be entitled to an appropriate decrease in the Contract Price.

G. City may Correct Defective Work 1. If the Contractor fails within a reasonable time after written notice from

the Director of Public Works to correct Defective Work, or to remove and replace Defective Work as required by the Director of Public Works in accordance with Article 313.E.1, or if the Contractor fails to perform the Work in accordance with the Contract Documents, or if the Contractor fails to comply with any other provision of the Contract Documents, the City may, after seven (7) days written notice to the Contractor, correct and remedy any such deficiency.

2. In exercising the rights and remedies under this article, the City shall proceed with corrective and remedial action. In connection with such corrective and remedial action, the City may exclude the Contractor from all or part of the Site, take possession of all or part of the Work, and suspend the Contractor’s services related thereto and incorporate in the Work all materials and equipment for which the City has paid the Contractor whether stored at the Site or elsewhere. The Contractor shall provide the City and its Director of Public Works, access to the Site to enable City to exercise the rights and remedies under this Article.

3. All direct, indirect, and consequential cost and damages incurred by the City in exercising the rights and remedies under this Article will be charged against the Contractor and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and the OWNER shall be entitled to an appropriate decrease in the Contract Price. If the parties are unable to agree as to the amount of the adjustment, the City may make a claim therefore as provided in Article 317.J. Such claim will include, but not be limited to, all costs of repair or replacement of work of others destroyed or damaged by correction, removal, or replacement of Contractor’s Defective Work and all direct, indirect, and consequential damages associated therewith.

4. The Contractor shall not be allowed an extension of Contract Times (or Milestones) because of any delay in the performance of the Work attributable to the exercise by City of City’s rights and remedies under this Article.


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H. Correction Period 1. The correction period for Defective Work shall be the longer of:

a. One (1) year after the date of final acceptance; b. Such time as may be prescribed by Laws and Regulations; c. Such time as specified by the terms of any applicable special

guarantee required by the Contract Documents; or d. Such time as specified by any specific provision of the Contract

Documents. 2. If, during the correction period as defined in Article 313.H.1 above, any

work is found to be Defective Work, the City shall have the same remedies as set forth in Articles 313.E, 313.F, and 313.G above.

3. Where Defective Work (and damage to other work resulting there from) has been corrected, removed, or replaced under this Article, the correction period hereunder with respect to such work will be extended for an additional period of one year after such correction or removal and replacement has been satisfactorily completed.

314. PAYMENTS TO CONTRACTOR AND COMPLETION A. Schedule of Values (Lump Sum Price Breakdown)

1. The schedule of values or lump sum price breakdown established as provided in the Bidder’s Proposal shall serve as the basis for progress payments and shall be incorporated into a form of “Application for Payment” acceptable to the Director of Public Works.

B. Unit Price Bid Schedule 1. Progress payments on account of unit price work will be based on the

number of units completed. C. Application for Progress Payment

1. Unless otherwise prescribed by law, on the twenty fifth (25th) of each month, the Contractor shall submit to the Director of Public Works for review, the Application for Payment filled out and signed by the Contractor covering the Work completed as of the Application for Payment and accompanied by such supporting documentation as is required by the Contract Documents.

2. The Application for Payment shall identify, as a subtotal, the amount of the Contractor total earnings to date.

3. The net payment due the Contractor shall be the above-mentioned subtotal from which shall be deducted the amount of retainage specified in the Supplementary General Conditions and the total amount of all previous payments made to the Contractor.

D. Contractor’s Warranty of Title


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1. The Contractor warrants and guarantees that title to all Work, materials, and equipment covered by an Application for Payment, whether incorporated in the Work or not, will pass to the City no later than the time of payment, free and clear of all Liens.

E. Review of Applications for Progress Payment 1. The Director of Public Works will, within fourteen (14) days after receipt

of each Application for Payment, either indicate in writing a recommendation of payment and present the application to the City, or return the application to the Contractor indicating in writing the Director of Public Works’ Reasons for Refusing to Recommend Payment. In the latter case, the Contractor may make the necessary corrections and resubmit the application. If the Director of Public Works still disagrees with a portion of the application, she/he will submit the application recommending the undisputed portion of the application to the City for payment and provide reasons for recommending non-payment of the disputed amount. Thirty days (30) after presentation of the Application for Payment with the Director of Public Works’ recommendation, the amount recommended will (subject to the provisions of Article 314.E) become due and when due will be paid by the City to the Contractor.

2. The Director of Public Works, in its discretion, may refuse to recommend the whole or any part of any payment. Director of Public Works may also refuse to recommend any such payment, or, because of subsequently discovered evidence or the results of subsequent inspections or tests, nullify any such payment previously recommended, to such extent as may be necessary in Director of Public Works’ opinion to protect OWNER from loss because: a. The work is Defective Work or the completed Work has been

damaged requiring correction or replacement. b. The Contract Price has been reduced by written amendment or

Change Order. c. The City has been required to correct Defective Work or

complete Work in accordance with Article 313.G. d. Director of Public Works has actual knowledge of the

occurrence of any of the events enumerated in Article 315.B through 315.E inclusive.

3. The City may refuse to make payment of the full amount recommended by the Director of Public Works because: a. Claims have been made against the City on account of

Contractor’s performance or furnishing of the Work.


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b. Liens have been filed in connection with the Work, except where Contractor has delivered a specific Bond satisfactory to City to secure the satisfaction and discharge of such Liens.

c. There are other items entitling City to set-off against the amount recommended, or

d. City has actual knowledge of the occurrence of any of the events enumerated in 315.B through 315.E inclusive.

e. The City must give the Contractor immediate written notice stating the reasons for such action and promptly pay the Contractor the amount so withheld, or any adjustment thereto agreed to by City and Contractor, when Contractor corrects to City’s satisfaction the reasons for such action.

F. Substantial Completion 1. When the Contractor considers the Work ready for its intended use,

the Contractor shall notify the Director of Public Works in writing that the Work is substantially complete. The Contractor shall attach to this request a list of all work items that remain to be completed and a request that the Director of Public Works prepare a Notice of Completion. Within a reasonable time thereafter, the Contractor, and the Director of Public Works shall make an inspection of the Work to determine the status of completion. If the Director of Public Works considers the Work substantially complete, the Director of Public Works will prepare and execute and deliver for City Council approval and recordation the Notice of Completion signed by the Director of Public Works and Contractor, which shall fix the date of Substantial Completion.

G. Partial Utilization 1. The City shall have the right to take possession of, utilize or place into

service any item of equipment or other usable portion of the Work prior to completion of the Work. Such possession or use shall not be deemed an acceptance of Work under this Contract. Whenever the City plans to exercise said right, the Contractor will be notified in writing by the Director of public works, identifying the specific portion or portions of the Work to be so utilized or otherwise placed into service.

2. Prior to such use, the City shall furnish the Contractor an itemized list of Work remaining to be performed or corrected on such portions of the project as are to be possessed or used by the Owner, provided that failure to list any item of work shall not relieve the Contractor of responsibility for compliance with this Contract.

3. It shall be understood by the Contractor that until such written notification is issued, all responsibility for care and maintenance of all of the Work shall be borne by the Contractor. Upon issuance of said


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written notice of Partial Utilization, the City will accept responsibility for the protection and maintenance of all such items or portions of the Work described in the written notice.

4. The Contractor shall retain full responsibility for satisfactory completion of the Work, regardless of whether a portion thereof has been partially utilized by the City of Substantial Completion for the Work. If such use or possession delays the progress of the Work or causes additional expense to the Contractor, an equitable adjustment in the Contract price or time of completion will be made.

H. Final Application for Payment 1. After the Contractor has completed all of the remaining work items

referred to in Article 314.F and delivered all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of inspection, marked-up record documents (as provided in the General Requirements), and other documents, all as required by the Contract Documents, and after the Director of Public Works has indicated that the Work is acceptable, the Contractor may make application for final payment following the procedure for progress payments. The final Application for Payment shall be accompanied by all documentation called for in the Contract Documents, together with complete and legally effective releases or waivers (satisfactory to the OWNER) of all Liens arising out of or filed in connection with the Work.

I. Final Payment and Acceptance 1. Final payment will not be made to the Contractor until she/he has

furnished evidence satisfactory to the City of the Contractor’s payment or provision for payment of all bills for material, labor, services, etc. incurred in connection with the performance of the Work; and the written consent of the Contractor’s surety to release final payment.

2. Final payment will further be contingent on approval of, and acknowledgement by the City that the Contractor has completed all tasks and complied with all conditions of the Contract Documents. Upon approval by the Owner, the final payment will be made to the Contractor.

J. Liquidated Damages 1. It is agreed that Contractor’s failure to fully perform the Work by the

Time for Completion (as modified by approved extensions) will result in damages being sustained by the City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. For each calendar day in excess of the Time for Completion (as modified by approved extensions), the Contractor shall pay to the City, or have monies withheld from monies to it, liquidated damages as specified in


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the special Provisions per day in accordance with California Government Code Section 53069.85.

K. Release of Retainage and Other Deductions 1. After executing the necessary documents to initiate the Lien period,

and not more than forty-five (45) days thereafter (based on a thirty (30)-day Lien filing period and fifteen (15)-day processing time), the City will release to the Contractor the retainage funds withheld pursuant to the Agreement, less any deductions to cover pending claims against the City pursuant to Article 317.T.

2. After filing of the necessary documents to initiate the Lien period, the Contractor shall have thirty (30) days to complete any outstanding items of correction work remaining to be completed or corrected as listed on a final punch list made a part of the Notice of Completion. Upon expiration of the forty-five (45) days, referred to in Article 314.K, the retainage amounts withheld for all remaining work items will be returned to the Contractor; provided that said work has been completed or corrected to the satisfaction of the Director of Public Works within said thirty (30) days. Otherwise, the Contractor does hereby waive any and all claims for all monies withheld by the City under this Agreement to cover two times the value of such remaining uncompleted or uncorrected items.

315. SUSPENSION OF WORK AND TERMINATION A. Demand for Assurance

1. Each party to this Agreement undertakes the obligation that the other's expectation of receiving due performance will not be impaired. When reasonable grounds for insecurity arise with respect to the performance of either party, the other may, in writing, demand adequate assurance of due performance and until such assurance is received may, if commercially reasonable, suspend any performance for which the agreed return has not been received. After receipt of a demand for assurance, either party's failure to provide within a reasonable time but not exceeding thirty (30) days, such assurance of due performance as is adequate under the circumstances is a repudiation of this Agreement by that party. Acceptance of any improper delivery of service or payment does not prejudice the aggrieved party's right to demand adequate assurance of future performance.

B. Suspension of Work by City 1. The City may, at any time and without cause, suspend the Work or any

portion thereof for a period of not more than ninety (90) days by notice in writing to the Contractor. The Contractor shall resume the Work on receipt of a notice of resumption of work. The Contractor will be allowed an increase in the Contract Price or an extension of the


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Contract Time, or both directly attributable to any suspension if the Contractor makes an approval claim therefore as provided in Article 317.T.

C. Termination of Agreement by City for Default 1. In the event of default by the Contractor, the Director of Public Works

may give seven days written notice to the Contractor of City’s intent to terminate the Agreement and provide the Contractor an opportunity to remedy the conditions constituting the default within a specified period of time. It will be considered a default by the Contractor whenever Contractor shall: a. Declare bankruptcy, become insolvent, or assign its assets for

the benefit of its creditors; b. Disregard or violate the Laws or Regulations of any public body

having jurisdiction; c. Fail to provide materials or workmanship meeting the

requirements of the Contract Documents; d. Disregard or violate provisions of the Contract Documents or

Director of Public Works’ instructions; e. Fail to execute the Work according to the approval progress

schedule; f. Fail to provide a qualified superintendent, competent workmen,

or materials or equipment meeting the requirements of the Contract Documents; or

g. Disregard the authority of the Director of Public Works. 2. If the Contractor fails to remedy the conditions constituting default

within the time allowed, the Director of Public Works may then issue the notice of termination.

3. In the event the Agreement is terminated in accordance with Article 315.B, herein, the City may take possession of the Work and may complete the Work by whatever method or means the City may select. The cost of completing the Work will be deducted from the balance which would have been due the Contractor had the Agreement not been terminated and the Work completed in accordance with the Contract Documents. If such cost exceeds the balance which would have been due, the Contractor shall pay the excess amount to the City. If such cost is less than the balance which would have been due, the Contractor shall not have claim to the difference.

D. Termination of Agreement by City Without Cause 1. Upon seven days’ written notice to the Contractor, the City may,

without cause and without prejudice to any other right or remedy of the


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City, elect to terminate the Agreement. In such case, the Contractor shall be paid (without duplication of any items): a. For completed and acceptable Work executed in accordance

with the Contract Documents, prior to the effective date of termination, including fair and reasonable sums for overhead and profit of such Work;

b. For expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums or overhead and profit on such expenses;

c. For all reasonable claims, costs, losses, and damages incurred in settlement of terminated contracts with Subcontractors, others;

d. For reasonable expenses directly attributable to termination; and

e. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination.

E. Termination of Agreement by City for Convenience 1. This agreement may be terminated for environmental considerations at

the discretion of the City. Notice of termination of this Agreement shall be given in writing to Contractor, and shall be sufficient and complete when same is deposited in the United States mail postage prepaid and certified, addressed as set forth in the Agreement. The Agreement shall be terminated upon receipt of the Notice of Termination by Contractor.

2. If City should terminate this Agreement, the Contractor shall be compensated for all work satisfactorily performed prior to time of receipt of cancellation notice, and shall be compensated for materials ordered by the Contractor or his/her employees, or services of others ordered by the Contractor or his/her employees prior to receipt of notice of cancellation whether or not such materials or final instruments of services of others have actually been delivered, provided that the Contractor or employees are not able to cancel such orders for materials or services of others. Compensation for the Contractor in the event of cancellation shall be determined by the Director of Public Works in accordance with the percentage of project completed and agreed to by the Contractor.

3. In the event of cancellation, all notes, sketches, computations, drawings and specifications, or other data, whether complete or not, produced through the time of the City's last payment shall be


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relinquished to the City. The City may, at its own expense, make copies or extract information from any such notes, sketches, computations, drawings, and specifications, or other data whether complete or not.

F. Termination of Agreement by Contractor 1. The Contractor may terminate the Agreement upon fourteen (14) days

written notice to the Director of Public Works whenever: a. The Work has been suspended under the provisions of Article

315.B, herein, for more than ninety (90) consecutive days through no fault or negligence of the Contractor, and notice to resume work or to terminate the Agreement has not been received from the Director of Public Works within this time period; or

b. The City should fail to pay the Contractor any monies due him in accordance with the terms of the Contract Documents and within sixty (60) days after presentation to the Director of Public Works by the Contractor of a request therefore, unless within said fourteen (14) day period the City shall have remedied the condition upon which the payment delay was based.

2. In the event of such termination, the Contractor shall have no claims against the City except for those claims specifically enumerated in Article 315.D, herein, and as determined in accordance with the requirements of said article.

316. OBLIGATIONS AND WAIVERS A. Title to Materials found on the Work

1. The City reserves the right to retain title to all soils, stone, sand, gravel, and other materials developed and obtained from excavations and other operations connected with the Work. Unless otherwise specified in the Contract Documents, neither the Contractor nor any Subcontractor shall have any right, title, or interest in or to any such materials. The Contractor will be permitted to use in the Work, without charge, any such materials which meet the requirements of the Contract Documents.

B. Right to Audit 1. If the Contractor submits a claim to the Director of Public Works for

additional compensation, the City shall have the right, as a condition to considering the claim, and as a basis for evaluation of the claim, and until the claim has been settled, to audit the Contractor’s books to the extent they are relevant. This right shall include the right to examine books, records, documents, and other evidence and accounting procedures and practices, sufficient to discovery and verify all direct and indirect costs of whatever nature claimed to have been incurred or


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anticipated to be incurred and for which the claim has been submitted. The right to audit shall include the right to inspect the Contractor’s plant or such parts thereof, as may be or have been engaged in the performance of the Work. The Contractor further agrees that the right to audit encompasses all subcontracts and is binding upon Subcontractors. The rights to examine and inspect herein provided for shall be exercisable through such representatives as the City desires during the Contractor’s normal business hours at the office of the Contractor. The Contractor shall make available to the Director of Public Works for auditing, all relevant accounting records and documents, and other financial data, and upon request, shall submit true copies of requested records to the Director of Public Works.

C. Survival of Obligations 1. All representations, indemnifications, warranties, and guaranties made

in, required by or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion and acceptance of the Work or termination or completion of the Agreement.

D. Governing Law; Venue 1. The laws of the State of California shall govern this Agreement, without

regard for the choice of law doctrine. 2. Venue shall be in the County of Marin.

E. Severability 1. If a court of competent jurisdiction finds or rules that any provision of

this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

F. Waiver 1. The waiver by the City of any breach or violation of any term, covenant

or condition of this Agreement or of any provision, ordinance, or law shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, or law or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance, or law. The subsequent payment of any monies or fee by the City which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by Contractor or any term, covenant, condition of this Agreement or of any applicable law or ordinance.

317. LAWS, ORDINANCES, AND REGULATIONS A. State Wage Determination


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1. In accordance with California Labor Code Section 1771, Contractor will pay and will require all Subcontractors to pay all workers on the work a salary or wage at least equal to the prevailing rate of per diem wages for such work as set forth in the wage determinations and wage standards applicable to this work, a copy of which is on file with the City Clerk. A copy of the prevailing wage rate of per diem wage shall be posted at the job site. In accordance with California Labor Code Section 1775, Contractor shall forfeit to the City, as a penalty, Two Hundred Dollars ($200.00) for each calendar day or portion thereof for each worker paid (either by Contractor or Subcontractors) less than the prevailing rate wage rate. The Work covered by this Agreement is a “public work” as that term is defined in California Labor Code, Division 2, Part 7, Chapter 1.

2. This project will be monitored by the Department of Industrial Relations, Compliance Monitoring Unit (CMU) pursuant to the California Labor Code Section 1771.3 and the California Code of Regulations Sections 16450- 16464.

3. No contractor or subcontractor may be listed on a bid proposal for a public works project (submitted on or after March 1, 2015) unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1[a].

4. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to the Labor Code section 1725.5.

B. Worker’s Compensation 1. In accordance with the provisions of Section 3700 of the California

Labor Code, the Contractor shall secure the payment of compensation to its employees.

2. Prior to beginning work under the Contract, the Contractor shall sign and file with the Director of Public Works the following certification: a. “I am aware of the provisions of Section 3700 of the Labor

Code, which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work of this Contract.”

3. Notwithstanding the foregoing provisions, before the Contract is executed on behalf of the City, a bidder to whom a contract has been awarded shall furnish satisfactory evidence that it has secured in the manner required and provided by law the payment of workers’ compensation insurance.


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C. Apprentices on Public Works 1. Contractor shall comply with applicable provisions of Labor Code

Section 1777.5 for all apprenticeable occupations. In the event Contractor willfully fails to comply with the applicable provisions of 1777.5, Contractor shall forfeit as a civil penalty the sum of ONE HUNDRED DOLLARS ($100.00) for each calendar day of non-compliance, which money may be withheld by City pursuant to the provisions of Labor Code Section 1777.7.

D. Working Hours 1. The Contractor shall schedule work to occur only from 7:00 a.m. to

6:00 p.m., Monday through Friday and 9:00 a.m. to 5:00 p.m. on Saturday, excluding official City and State holidays. No Sunday work is allowed without prior approval. No lane closures are allowed. If the contractor needs to close a lane they need prior approval from the Public Works Director.

2. Contractor agrees that in the performance of this Contract, not more than eight (8) hours shall constitute a day's work, and the Contractor shall not require more than eight (8) hours of labor in a day from any person employed by Contractor hereunder, except as provided in the Labor Code of the State of California. Contractor shall conform to Article 3, Chapter 1, Part 7 (Section 1810, et seq.) of the Labor Code of the State of California, and it is agreed that the Contractor shall forfeit to the City as a penalty the sum of TWENTY-FIVE DOLLARS ($25.00) for each worker employed in the execution of this Contract by the Contractor or any Sub-Contractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in violation of said Article.

E. Contractor Not Responsible for Damage Resulting from Certain Acts of God 1. As provided in Section 7105 of the California Public Contract Code, the

Contractor shall not be responsible for the cost of repairing or restoring damage to the Work which damage is determined to have been proximately caused by an act of God, in excess of 5 percent of the contracted amount, provided, that the Work damaged was built in accordance with accepted and applicable building standards and the plans and specifications of the City. The Contractor shall obtain insurance to indemnify the City for any damage to the Work caused by an act of God if the insurance premium is a separate bid item in the bidding schedule for the Work. For purposes of this Article, the term “acts of God” shall include only the following occurrences or conditions and effects: earthquakes in excess of a magnitude of 3.5 on the Richter Scale and tidal waves.

F. Notice of Completion


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1. In accordance with the Sections 3086 and 3093 of the California Civil Code, within ten (10) days after date of acceptance of the Work by the City, the Director of Public Works will file, in the County Recorder’s office, a Notice of Completion of the work.

G. Unpaid Claims 1. If, at any time prior to the expiration of the period for service of a stop

notice, there is served upon the City a stop notice as provided in Sections 3179 and 3210 of the California Civil Code, the City shall, until the discharge thereof, withhold from the monies under its control so much of said monies due or to become due to the Contractor under this Contract as shall be sufficient to answer the claim stated in such stop notice and to provide for the reasonable cost of any litigation thereunder; provided, that if the Director of Public Works shall, in its discretion, permit Contractor to file with the Director of Public Works the bond referred to in Section 3196 of the Civil Code of the State of California, said monies shall not thereafter be withheld on account of such stop notice.

H. Concrete Forms, Falsework, and Shoring 1. The Contractor shall comply fully with the requirements of Section

1717 of the Construction Safety Orders, State of California, Department of Industrial Relations, regarding the design of concrete forms, falsework and shoring, and the inspection of same prior to placement of concrete. Where the said Section 1717 requires the services of a civil engineer registered in the State of California to approve design calculations and working drawings of the falsework or shoring system, or to inspect such system prior to placement of concrete, the Contractor shall employ a registered civil engineer for these purposes, and all costs therefore shall be included in the price named in the Contract for completion of the Work as set forth in the Contract Documents.

I. Retainage from Monthly Payment 1. The City will pay the Contractor progress payments and the final

payment, withholding ten percent (10%) retention from each payment until after the lien period is over, and less any penalties and charges and in accordance with the method set forth in the Specifications with warrants drawn on the appropriate fund or funds as required, according to the prices as bid and accepted, based upon the Plans and Addenda, as follows: a. In accordance with California Public Contracts Code 22300,

Contractor shall be permitted to substitute securities for any moneys to be withheld by the City to ensure performance under this Agreement. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited


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with the City, or with a state or federally chartered bank as the escrow agent, who shall then pay such moneys to the Contractor. Upon satisfactory completion of this Agreement and the passage of any requisite lien period without the filing of stop notices or suit, the securities shall be returned to the Contractor. Securities eligible for investment under this Article shall include those listed in Section 16430 of the Government Code, bank or savings and loan certificates of deposit, interest bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the Contractor and the City. The Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon.

b. The City shall pay the Contractor the final payment plus any withheld retentions after the requisite lien period has passed provided: (1) no stop notices have been filed; (2) the Contractor is not in default hereunder; and (3) the work has been satisfactorily completed.

J. Public Works Contracts Assignment to Awarding Body 1. In accordance with Section 7103.5 of the California Public Contract

Code, the Contractor and Subcontractors shall conform to the following requirements. In entering into a public works contract or a subcontract to supply goods, services, or materials pursuant to a public works contract, the Contractor or subcontractor offers and agrees to assign to the City 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 the awarding body tenders final payment to the Contractor, without further acknowledgment by the parties.

K. Payroll Records; Retention; Inspection; Noncompliance Penalties; Rules And Regulations 1. In accordance with Section 1776 of the California Labor Code the

Contractor and each Subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with the public work. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:


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a. The information contained in the payroll record is true and correct.

b. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by his/her employees on the public works project.

2. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis: a. A certified copy of an employee’s payroll record shall be made

available for inspection or furnished to the employee or his/her authorized representative on request.

b. A certified copy of all payroll records shall be made available for inspection or furnished upon request to a representative of the body awarding the contract, the Division of Labor Standards Enforcement, and the Division of Apprenticeship Standards of the Department of Industrial Relations.

c. A certified copy of all payroll records shall be made available upon request by the public for inspection or copies thereof made; provided, however, that a request by the public shall be made through either the body awarding the contract, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement. If the requested payroll records have not been provided the requesting party shall, prior to being provided the records, reimburse the costs of preparation by the Contractor, Subcontractors, and the entity through which the request was made. The public shall not be given access to the records at the principal office of the Contractor.

3. The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the division.

4. Any copy of records made available for inspection as copies and furnished upon request to the public or any public City by the awarding body, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement shall be marked or obliterated in such a manner as to prevent disclosure of an individual’s name, address, and social security number. The name and address of the Contractor awarded the contract or performing the contract shall not be marked or obliterated.

5. The Contractor shall inform the Director of Public Works of the location of the records including the street address, City and County, and shall, within five (5) working days, provide a notice of change of location and address.


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6. The Contractor shall have ten (10) days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this Article. In the event that the Contractor fails to comply within the ten (10) day period, he or she shall, as a penalty to the state or political subdivision on whose behalf the contract is made or awarded, forfeit one hundred dollars ($100.00) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Apprenticeship Standards or the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. A Contractor is not subject to a penalty assessment pursuant to this Article due to the failure of a subcontractor to comply with this Article.

L. Audit and Record Examination 1. In accordance with Government Code Section 8546.7, any records or

documents Contractor maintains in relation this project shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon written or oral request of the City. If the amount of public funds exceeds Ten Thousand Dollars ($10,000) the Agreement shall be subject to the examination and audit of the State Auditor, at the request of the City or as party of any audit of the City for a period of three (3) years after final payment under the Agreement.

M. Removal. Relocation, or Protection of Existing Utilities 1. In accordance with the provisions of California Government Code

Section 4215, any contract to which a public city as defined in Section 4401 is a party, the public city shall assume the responsibility, between the parties to the contract, for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the site of any construction project that is a subject of the contract, if such utilities are not identified by the public City in the plans and specifications made a part of the invitation for bids. The City will compensate Contractor for the costs of locating, repairing damage not due to the failure of the Contractor to exercise reasonable care, and removing or relocating such utility facilities not indicated in the plans and specifications with reasonable accuracy and for equipment on the project necessarily idled during such work.

2. The Contractor shall not be assessed liquidated damages for delay in completion of the project, when such delay was caused by the failure of the City or the owner of the utility to provide for removal or relocation of such utility facilities.

3. Nothing herein shall be deemed to require the public City to indicate the presence of existing service laterals or appurtenances when the presence of such utilities on the site of the construction project can be inferred from the presence of other visible facilities, such as buildings,


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meter and junction boxes, on or adjacent to the site of construction; provided however, nothing herein shall relieve the public City from identifying main or trunk lines in the plans and specifications.

4. If the Contractor while performing the Contract discovers utility facilities not identified by the public City in the Contract Documents it shall immediately notify the public City and utility in writing.

5. The public utility, where they are the owner, shall have the sole discretion to perform such repairs or relocation work or permit the Contractor to do such repairs or relocation work at a reasonable price.

N. Contractor License Requirements 1. In accordance with California Business and Professions Code Section

7028.15: a. It is a misdemeanor for any person to submit a bid to a public

City in order to engage in the business or act in the capacity of a Contractor within this state without having a license therefore, except in any of the following cases: i. The person is particularly exempted from this chapter. ii. The bid is submitted on a state project governed by

Section 10164 of the Public Contract Code or any local City project governed by Section 20103.5 of the Public Contract Code.

2. If a person has previously been convicted of the offense described in this Article, the court shall impose a fine of twenty (20) percent of the price of the contract under which the unlicensed person performed contract work, or four thousand five hundred dollars ($4,500), whichever is greater, or imprisonment in the county jail for not less than ten (10) days nor more than six (6) months, or both.

3. In the event the person performing the contracting work has agreed to furnish materials and labor on an hourly basis, “the price of the contract” for the purpose of this subdivision means the aggregate sum of the cost of materials and labor furnished and the cost of completing the work to be performed.

4. This Article shall not apply to a joint venture license, as required by Section 7029.1. However, at the time of making a bid as a joint venture, each person submitting the bid shall be subject to this Article with respect to his/her individual licensure.

5. This Article shall not affect the right or ability of a licensed architect, land surveyor, or registered professional engineer to form joint ventures with licensed Contractors to render services within the scope of their respective practices.


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6. Unless one of the foregoing exceptions applies, a bid submitted to a public City by a Contractor who is not licensed in accordance with this chapter shall be considered non-responsive and shall be rejected by the public City. Unless one of the foregoing exceptions applies, a local public City shall, before awarding a contract or issuing a purchase order, verify that the Contractor was properly licensed when the Contractor submitted the bid. Notwithstanding any other provision of law, unless one of the foregoing exceptions applies, the registrar may issue a citation to any public officer or employee of a public entity who knowingly awards a contract or issues a purchase order to a Contractor who is not licensed pursuant to this chapter. The amount of civil penalties, appeal, and finality of such citations shall be subject to Sections 7028.7 and 7028.13 inclusive. Any contract awarded to, or any purchase order issued to, a Contractor who is not licensed pursuant to this chapter is void.

7. Any compliance or noncompliance with subdivision 317.N.6 of this Article, as added by Chapter 863 of the Statutes of 1989, shall not invalidate any contract or bid awarded by a public City during which time that subdivision was in effect.

8. A public employee or officer shall not be subject to a citation pursuant to this Section if the public employee, officer, or employing City made an inquiry to the board for the purposes of verifying the license status of any person or Contractor and the board failed to respond to the inquiry within three (3) business days. For the purposes of this Article, a telephone response by the board shall be deemed sufficient.

O. Fair Employment and Non-Discrimination 1. Contractor shall comply with all applicable laws, rules and regulations

barring discrimination on the basis of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status or sex.

P. Diggings, Trenches, or Excavations 1. As required by California Labor Code Section 6705, whenever work

under the Contract involves the excavation of any trench or trenches five (5) feet or more in depth: a. The Contract shall submit for acceptance by the Director of

Public Works, to whom authority has been delegated, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping or other provisions to be made for worker protection from the hazard of caving ground during the excavation, of such trench or trenches. If such plan varies from the shoring system standards established by the Construction Safety Orders of the Division of Occupational Safety and Health, the plan shall be prepared by a registered civil or structural


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engineer employed by the Contractor, an all costs shall be included in the price named in the Contract for the completion of the Work as set forth in the Contract Documents.

b. Nothing in this Article shall be deemed to allow the use of shoring, sloping, or other protective system less effective than that required by the Construction Safety Orders. Nothing in this Article shall be construed to impose tort liability on the City or any of its officers, agents, representatives or employees.

c. Excavation shall not start until the Contractor has obtained a permit from the California Division of Industrial Safety and has posted it at the site.

2. In accordance with Public Contract Code Section 7104, whenever work under the Contract involves digging trenches or other excavations that extend deeper than four (4) feet: a. The Contractor shall promptly, and before the following

conditions are disturbed, notify the local public entity, in writing of any: i. Material that the Contractor believes may be material that

is hazardous waste, as defined in Section 25117 of the Health and Safety Code that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law. Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids. Unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract.

ii. The City shall promptly investigate the conditions, and if it finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in the Contractor's cost of, or the time required for, performance of any part of the work shall issue a Change Order under the procedures described in the Contract.

iii. In the event a dispute arises between the City and the Contractor whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the Contractor's cost of, or time required for, performance of any part of the Work, the Contractor shall not be excused from any scheduled completion date provided for by the Contract, but shall proceed with all


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work to be performed under the Contract. The Contractor shall retain any and all rights provided either by Contract or by law which pertain to the resolution of disputes and protests between the contracting parties.

Q. Retention Proceeds; Withholding; Disbursement 1. In accordance with Section 7107 of the Public Contract Code with

respect to all contracts entered into on or after January 1, 1993 relating to the construction of any public work of improvement the following shall apply: a. The retention proceeds withheld from any payment by the City

from the original Contractor, or by the original Contractor from any subcontractor, shall be subject to this Article 317.Q.

b. Within sixty (60) days after the date of completion of the Work, the retention withheld by the City shall be released. In the event of a dispute between the Director of Public Works and the original Contractor, the City may withhold from the final payment an amount not to exceed one hundred and fifty (150) percent of the disputed amount. For the purposes of this Article, “completion” means any of the following: i. The occupation, beneficial use, and enjoyment of a work

of improvement, excluding any operation only for testing, startup, or commissioning, by the City, accompanied by cessation of labor on the work of improvement.

ii. The acceptance by the City Council of the work of improvement.

iii. After the commencement of a work of improvement, a cessation of labor on the work of improvement for a continuous period of one hundred (100) days or more, due to factors beyond the control of the Contractor.

iv. After the commencement of a work of improvement, a cessation of labor on the work of improvement for a continuous period of thirty (30) days or more, if the Director of Public Works files for record a notice of cessation or a notice of completion.

2. Subject to Sub-Article 317.Q.1.b, within ten (10) days from the time that all or any portion of the retention proceeds are received by the original Contractor, the original Contractor shall pay each of its subcontractors from whom retention has been withheld, each subcontractor’s share of the retention received. However, if a retention payment received by the original Contractor is specifically designated for a particular subcontractor, payment of the retention shall be made


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to the designated subcontractor, if the payment is consistent with the terms of the subcontract.

3. The original Contractor may withhold from a subcontractor its portion of the retention proceeds if a bona fide dispute exists between the subcontractor and the original Contractor. The amount withheld from the retention payment shall not exceed one hundred and fifty (150) percent of the estimated value of the disputed amount.

4. In the event that retention payments are not made within the time periods required by this Article 317.Q, the City or original Contractor shall be subject to a charge of two (2) percent per month on the improperly withheld amount, in lieu of any interest otherwise due. Additionally, in any action for the collection of funds wrongfully withheld, the prevailing party shall be entitled to attorney’s fees and costs.

5. Any attempted waiver of the provisions of this Article shall be void as against the public policy of this state.

R. Timely Progress Payments; Interest; Payment Requests 1. If the City fails to make any progress payment within thirty (30) days

after receipt of an undisputed and properly submitted payment request from the Contractor, the City shall pay interest to the Contractor equivalent to the legal rate set forth in subdivision (a) of Section 685.010 of the Code of Civil Procedure.

2. Upon receipt of a payment request, the Director of Public Works shall act in accordance with both of the following: a. Each payment request shall be reviewed by the Director of

Public Works as soon as practicable after receipt for the purpose of determining that the payment request is a proper payment request.

b. Any payment request determined not to be a proper payment request suitable for payment shall be returned to the Contractor as soon as practicable, but not later than seven (7) days, after receipt. A request returned pursuant to this Article shall be accompanied by a document setting forth in writing the reasons why the payment request is not proper.

3. For purposes of this Article: a. A “progress payment” includes all payments due the Contractor,

except that portion of the final payment designated by the contract as retention earnings.

b. A payment request shall be considered properly executed if funds are available for payment of the payment request, and


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payments is not delayed due to an audit inquiry by the financial officer of the City.

S. Reference for Material 1. In accordance with Section 3400 of the California Public Contract

Code, the Contractor will be provided a period prior to award of the contract for submission of data substantiating a request for a substitution of “as equal” item.

T. Resolution of Construction Claims 1. In accordance with Section 20104 et seq. of the California Public

Contract Code. This Article applies to all claims of three hundred seventy-five thousand dollars ($375,000) or less which arise between the Contractor and the City under this Contract for: a. A time extension; b. Payment of money or damages arising from work done by or on

behalf of the Contractor pursuant to this CONTRACT and payment of which is not otherwise expressly provided for as the Contractor is not otherwise entitled; or

c. An amount the payment of which is disputed by the Director of Public Works.

2. For any claim set out in Articles 317.T.1.a, 317.T.1.b, and 317.T.1.c above, the following requirements apply: a. The claim shall be in writing, include the documents necessary

to substantiate the claim and be accompanied by the following certification:

“CONTRACT PROVISION REQUIRING PERSONAL CERTIFICATION OF ALL CLAIMS: I, _________________, BEING THE __________________ (MUST BE AN OFFICER) OF ______________ (GENERAL Contractor), DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA, AND DO PERSONALLY CERTIFY AND ATTEST THAT: I HAVE THOROUGHLY REVIEWED THE ATTACHED CLAIM FOR ADDITIONAL COMPENSATION AND/OR EXTENSION OF TIME, AND KNOW ITS CONTENTS, AND SAID CLAIM IS MADE IN GOOD FAITH; THE SUPPORTING DATA IS TRUTHFUL AND ACCURATE; THAT THE AMOUNT REQUESTED ACCURATELY REFLECTS THE CONTRACT ADJUSTMENT FOR WHICH THE CONTRACTOR BELIEVES THE OWNER IS LIABLE; AND, FURTHER THAT I AM FAMILIAR WITH CALIFORNIA PENAL CODE SECTION 12650, ET SEQ. PERTAINING TO FALSE CLAIMS, AND FURTHER KNOW AND UNDERSTAND THAT SUBMISSION OR CERTIFICATION OF A


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FALSE CLAIM MAY LEAD TO FINES, IMPRISONMENT AND/OR OTHER SEVERE LEGAL CONSEQUENCES.” b. Claims must be filed on or before the date of final payment.

Nothing herein is intended to extend the time limit or supersede notice requirements otherwise provided by Contract for the filing of claims.

c. The claim must include actual cost documentation, including hours of work performed, equipment operation costs, and labor and overhead costs, which should be established at a standard percentage. Any overhead costs listed when paid, shall provide full and complete payment for any and all overhead, including jobsite overhead, home office overhead, as well as additional costs arising from disruption, re-sequencing or acceleration. Contractor shall provide prompt notification of any disagreement in quantities of work performed along with a detailed accounting by means of a schedule update demonstrating any delays incurred.

3. For claims of less than fifty thousand dollars ($50,000), the Director of Public Works shall respond in writing to any written claim within forty five (45) days of receipt of the claim, or may request, in writing, within thirty (30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. a. If additional information is thereafter required, it shall be

requested and provided pursuant to this subdivision, upon mutual agreement of the Director of Public Works and the Contractor.

b. The Director of Public Works’ written response to the claim, as further documented, shall be submitted to the Contractor within fifteen (15) days after receipt of further documentation or within a period of time no greater than that taken by the Contractor in producing the additional information, whichever is greater.

4. For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred seventy-five thousand dollars ($375,000), the Director of Public Works shall respond in writing to all written claims within sixty (60) days of receipt of the claim, or may request, in writing, within thirty (30) days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. a. If additional information is therefore required, it shall be

requested and provided pursuant to this subdivision, upon mutual agreement of the Director of Public Works and the Contractor.


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b. The Director of Public Work’s written response to the claim, as further documented, shall be submitted to Contractor within thirty (30) days after receipt of the further documentation, or within a period of time no greater than that taken by the Contractor in producing the additional information or requested documentation, whichever is greater.

c. If the Contractor disputes the Director of Public Work’s written response, or the Director of Public Works fails to respond within the time prescribed, the Contractor may notify the Director of Public Works, in writing, either within fifteen (15) days of receipt of the Director of Public Work’s response or within fifteen (15) days of the Director of Public Work’s failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the Director of Public Works shall schedule a meet and confer conference within thirty (30) days for settlement of the dispute.

d. If, following the meet and confer conference the claim or any portion remains in dispute, the Contractor may file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time Contractor submits its written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference.

5. The following procedures are established for all civil actions filed to resolve claims subject to this Article: a. Responsive pleadings, the court shall submit the matter to

nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within fifteen (15) days by both parties of a disinterested third person as mediator, shall be commenced within thirty (30) days of the submittal, and shall be concluded within fifteen (15) days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court

b. If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section 1141.10) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section 1141.11 of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil


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Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration.

c. In addition to Chapter 2.5 (commencing with Section 1141.10 of Title 3 of Part 3 of the Code of Civil Procedure (A) arbitrators shall, when possible, be experienced in construction law, and (B) any party appealing an arbitration award who does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, also pay the attorney’s fees on appeal of the other party.

d. The City shall not fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in this Contract.

e. In any suit filed under Section 20104.4 of the California Public Contract Code, the City shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law.


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Section 400 -Special Provisions Page 83

SECTION 400 - SPECIAL PROVISIONS


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SECTION 400 -SPECIAL PROVISIONS


401. GENERAL DESCRIPTION OF WORK

The Contractor is responsible for the work included in these project documents including drawings and specifications. As part of the work, Contractor is responsible for coordinating certain of the described work as shown on the drawings and as further described below:

The Contractor is responsible for Replace Bon Air Road Bridge, an existing ten-span concrete slab on steel girders bridge on pile column extensions at the piers and piles supporting the abutments. The new bridge will be a wider five span precast prestressed concrete box girder bridge on concrete cast-in-drilled hole piles and will include 10-foot sidewalks. The project will also include roadway improvements up to the new bridge.

The Contractor shall take all reasonable precautions to restrict his operations to the least area of work possible and shall not disturb property beyond the areas of work.

The Contractor shall obtain the approval of the Engineer prior to the use of any area within the road right of way for storage purposes as approved by the Engineer. The Contractor shall provide a safe continuous path of travel for pedestrian traffic during construction. If pedestrians are directed away from the existing pedestrian travel way due to construction, a suitable alternate path shall be provided. A suitable alternate path may include but is not limited to temporary ADA compliant ramps, traffic control, physical barriers to separate pedestrians from traffic and signage. It shall be clearly understood that it is the Contractor’s responsibility to provide a safe path of travel at all times.

The Contractor shall provide to the Engineer the names, address and telephone numbers of at least two emergency contacts for the duration of this contract.

The unit price bid for each item shall be full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in the bid item.

402. PAYMENT FOR EXTRA WORK A. Refer to “General Provisions, 311. Change of Contract Price.” When

payment is made on a force account basis, the amount shall be determined in accordance with Sections 9-1.04A through 9-1.04D of the State Specifications, except that actual payroll taxes and required contributions will be used in lieu of the labor surcharge specified in Section 9-1.04B.

403. GENERAL REQUIREMENTS A. General


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1. All work shall conform to these Special Provisions; and the plans and typical sections.

B. Mobilization 1. Mobilization shall conform to Section 9-1.16D, “Mobilization” of the

Standard Specifications. 2. Mobilization shall include the furnishing and providing for regular

maintenance of temporary sanitary facilities on the job for the duration of the project. Failure to comply with this requirement will result in withholding of mobilization payments in the amount deemed appropriate by the Director of Public Works.

C. Project Site Maintenance 1. Throughout all phases of construction until final acceptance, including

any periods of work suspension, the site shall be kept clean and free from rubbish and debris.

2. Before the final inspection, the site shall be cleared of equipment, unused materials, and rubbish so as to present a satisfactory clean and neat appearance. All pavement concrete areas affected by work at the project site shall be broom cleaned.

3. All cleanup costs shall be included in the Contractor’s bid. In the event that the Contractor fails to perform this final cleanup, the Agency may remove and/or dispose of the articles or materials at the Contractor’s expense.

4. Care shall be taken to prevent spillage on haul routes. Any such spillage shall be removed immediately and the area cleaned.

D. Sanitary Facilities 1. The Contractor shall provide and maintain enclosed, portable

restrooms for the use of personnel engaged in the work. These accommodations shall be maintained in a neat and sanitary condition, and shall comply with all applicable laws, ordinances, and regulations pertaining to public health and sanitation.

E. Protection and Restoration of Existing Improvements 1. The Contractor shall be responsible for the protection of public

property adjacent to the work and shall exercise due caution to avoid damage to such property.

2. The Contractor shall repair or replace all existing improvements within the right-of-way which are not designated for removal, but that are damaged or removed as a result of its operations. Repairs and replacements shall be at least equal to existing improvements and shall match them in finish and dimension.

F. Measurement and Payment 1. Payment for work required under the General Requirements shall be

included in the prices bid for the individual items of work and no additional compensation will be allowed therefore unless specifically noted otherwise.


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Section 500 -Bidder’s Section Page 87

SECTION 500 - BIDDER’S SECTION


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SECTION 500 - BIDDER’S SECTION BON AIR ROAD BRIDGE REPLACEMENT

FEDERAL-AID PROJECT NO. BHLS 5166(015)

INSTRUCTIONS TO BIDDERS 501. BIDDER'S REPRESENTATIONS

A. Each bidder by submitting a bid represents that: B. The bidder has read and understands the bid package and the bid is in

accordance with all of the requirements of the bid package and applicable law.

C. Neither the bidder nor any subcontractor included on the list of proposed subcontractors submitted with the bid are ineligible to perform work on public works projects pursuant to California Labor Code Sections 1777.1 or 1777.7.

D. The bidder understands that quantities of unit price items may vary from the estimates provided in the Special Provisions.

E. Representatives of the bidder have visited the Project site and have familiarized themselves with the conditions under which the Project work is to be performed so as to ensure that the Project Work may be performed for the amount bid.

F. The bidder has informed the City in writing no later than five (5) working days prior to the time specified for bid opening of any apparent conflicts, errors, or ambiguities contained in the bid package or between the contents of the bid package and the Project site.

502. EXAMINATION OF PLANS, SPECIFICATIONS, CONTRACT, AND WORK SITE A. The bidder shall examine carefully the work site, the Project Plans and

Special Provisions, and the entire Bid Package. The submission of a bid shall be conclusive evidence that the bidder has investigated and is satisfied as to the general and local conditions to be encountered, as to the character, quality and scope of work to be performed, the quantities of materials to be furnished and as to the requirements of the Contract Documents.

B. The submission of a bid shall also be conclusive evidence that the bidder is satisfied as to the character, quality and quantity of surface and subsurface materials or obstacles to be encountered insofar as this information was reasonably ascertainable from an inspection of the site and the records of exploratory work done by the City as shown in the bid documents, as well as from the Project Plans and Special Provisions.

C. Where the City has made investigations of work site conditions including subsurface conditions in areas where Work is to be performed, or in other areas, that may constitute possible local material sources, bidders may, upon request, inspect the records of the City as to those investigations.

D. Where there has been prior construction by the City or other public agencies within the project limits, records of the prior construction that are currently in


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the possession of the City and that have been used by, or are known to, the designers and administrators of the project will be made available for inspection by bidders, upon request, subject to this Section. Such records may include, but are not limited to, as-built drawings, design calculations, foundation and site studies, project reports and other data assembled in connection with the investigation, design, construction and maintenance of the prior projects.

E. Inspection of the records of investigations and project records in the possession of the City may be made at the Department of Public Works.

F. When a log of test borings or other record of geotechnical data obtained by the City's investigation of surface and subsurface conditions is included with the Project Plans, it is furnished for the bidders' information and its use shall be subject to this Section.

G. The availability or use of information described in this Section is not to be construed in any way as a waiver of any of the provisions in this Section and bidders are cautioned to make independent investigations and examinations as they deem necessary to be satisfied as to conditions to be encountered in the performance of the Work and, with respect to possible local material sources, the quality and quantity of material available from the property and the type and extent of processing that may be required in order to produce material conforming to the requirements of the Technical Specifications.

H. The City assumes no responsibility for conclusions or interpretations made by a bidder based on the information or data made available by the City. The City does not assume responsibility for representation made by its officers or agents before the execution of the Agreement concerning surface or subsurface conditions, unless that representation is expressly stated in the Contract Documents.

I. No conclusions or interpretations made by a bidder from the information and data made available by the City will relieve a bidder from properly fulfilling the terms of the Agreement.

503. PRE-BID COMMUNICATION AND INTERPRETATION OF THE BID PACKAGE A. Any bidder that discovers any apparent conflicts, errors, or ambiguities

contained in the bid package or between the contents of the bid package and the Project site, or that has questions or requires clarification concerning the bid package or its intent must inform the City in writing as soon as reasonably possible, but no later than ten (10) working days before the date specified for bid opening. Such notice to the City must be sent to the address specified in the Notice Inviting Bids for questions concerning the bid package. Questions received less than ten (10) working days before the date specified for bid opening may not be answered.

B. Any interpretation, correction or change of the bid package prior to bid opening will be made by addendum signed by an authorized representative of the City and transmitted to all bid package recipients. No other interpretation or information concerning the bid package issued prior to the date specified


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for opening bids will be binding. All addenda signed by an authorized representative of the City and issued prior to the time and date specified for opening bids will form a part of the contract documents and must be acknowledged on the bid forms. Any changes, exceptions or conditions concerning the Project and/or the bid package submitted by any bidder as part of a bid may render that bid non-responsive.

504. PRE-BID ACCESS TO THE PROJECT SITE A. Prior to submitting a bid, it will be the sole responsibility of each bidder to

conduct any additional examination, investigation, exploration, testing, study or other inquiry and to obtain any additional information pertaining to the physical conditions (including surface, subsurface, and underground utilities) at or near the Project site that may affect the cost, progress, or performance of the Project, and that the bidder deems are necessary to prepare its bid for performance of the Project in accordance with the bid package and contract documents. Bidders seeking any such additional examination or other inquiries or information concerning the Project will do so at the bidder’s sole expense.

B. Bidders seeking to conduct any additional examination or other inquiry at the Project site must request site access from the City at least two (2) working days in advance. The location of any excavation, boring or other invasive testing will be subject to approval on behalf of the City and any other agencies with jurisdiction over such testing. Bidders may not conduct tests at the Project site prior to obtaining City approval. The City may require bidders to execute an access agreement prior to approving testing at the Project site. Once approved testing is complete, Bidders must fill all trenches or holes, restore all pavement to match existing structural section, and otherwise clean up and restore the test site to its pre-test condition.

505. BIDDING PROCEDURE A. Bids must be delivered to the City of Larkspur, Department of Public Works,

325 Doherty Drive, Larkspur, California, 94939, no later than the time and date specified in the Notice Inviting Bids. Bids will be opened and read publicly at that time. Bids that are submitted late according to the official time kept by the Public Works Department will be returned unopened. Telephones for use by bidders are not available at the City offices.

B. In accordance with California Public Contract Code Section 20170, Bids must be presented under sealed cover. Bids must be submitted using the Bidder’s Proposal and Bid Schedule furnished with the bid package. Bids must include all documents listed in the Bidder’s Check List completed in accordance with the bid package. Bids must bear the bidder’s legal name and be signed by a representative authorized to bind the bidder. Bids must be typed or written in ink. Corrections may be made if initialed by the individual signing the bid. No oral or telegraphic modifications of bids, including facsimile modifications, will be considered. Bids that are incomplete or that are not presented on the bid forms furnished with the bid package may be deemed non-responsive.


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C. Each bid must give the full business address of the bidder. Bids of partnerships must furnish the full name of all partners and must be signed in the partnership name by one of the members of the partnership, or by an authorized representative, followed by the printed name and title of the person signing. Bids of corporations must be signed with the legal name of the corporation, followed by the name of the state of incorporation and by the signature and designation of the president, secretary or other person authorized to bind the corporation. The name of each person signing shall also be typed or printed below the signature. Upon request of the City, bidders will furnish satisfactory evidence of the authority of the person signing the bid. Bids of joint ventures must include a certified copy of the legal agreement constituting the joint venture.

D. No person, firm, corporation, partnership or legal joint venture may submit more than one bid for the Project. However, a person, firm, corporation, partnership or legal joint venture that has submitted a subcontract proposal to a bidder, or that has quoted prices on materials to a bidder may submit a subcontract proposal, quote prices to other bidders and submit its own bid.

E. In accordance with California Public Contract Code Section 20170, all bids must include one of the forms of bidder’s security specified in the Notice to Bidders in an amount of at least ten (10) per cent of the total of the bid prices for the base bid and those additive or deductive items specifically identified in the Notice to Bidders for the purpose of determining the lowest price bid. Bidders that elect to provide bidder’s security in the form of a bid bond must execute a bid bond using the form provided in the bid forms. The bidder’s security is tendered as a guarantee that the successful bidder, if awarded the Project contract, will execute and submit to the City all required bonds, certificates of insurance, completed contract forms and other documents listed in the Contract Check List and enter into a contract with the City within ten (10) working days of receipt of the notice of award. The bidder’s security of any successful bidder that fails to do so will be forfeited to the City. All bidders’ security not forfeited to the City will be returned once a successful bidder provides all required documents and enters a contract with the City in accordance with all applicable bid package requirements. Forfeiture of the bidder’s security to the City will not waive or otherwise limit any other remedy available to the City under applicable law.

F. In accordance with California Business and Professions Code Section 7028.15, Public Contract Code Section 20103.5, and as specified in the Notice to Bidders, all Project work must be performed by properly licensed Contractors and subcontractors with active licenses in good standing as of the date and time specified for bid opening, or, if the Project involves federal funds, no later than the time the Project contract is awarded. Bidders must verify their Contractor’s License number and license expiration date on the proposal cover page under penalty of perjury. Bids that do not satisfy applicable licensing requirements will be considered non-responsive and rejected and may subject the bidder to criminal and/or civil penalties.


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G. All bids must include a completed experience and financial Qualifications on the forms provided. By submitting a bid, bidders authorize City representatives to verify any and all information provided on the bidder’s questionnaire and agree to indemnify, defend and hold harmless the City and its officials, officers, employees, agents and volunteers to full the extent permitted by law from and against any claims, liability or causes of action, including, without limitation, legal fees and costs, arising out of verification of the information provided on the bidder’s questionnaire, and/or arising out of use of information provided in the bidder’s questionnaire to determine, in accordance with applicable law, the qualification of the bidder for performing the Project.

H. Bids may be withdrawn prior to the time set for bid opening by a written request signed by an authorized representative of the bidder filed with the City Clerk. The bid security submitted with bids so withdrawn will be returned to the bidder. Bidders that have withdrawn their bid in accordance with this provision may submit a new bid prior to the time set for bid opening in accordance with all applicable bid package requirements. Bids may not be withdrawn during the ninety (90) day period after the time set for bid opening except as permitted by law pursuant to California Public Contract Code Section 5100, et seq. Any other bid withdrawal will result in forfeiture of the bidder’s bid security to the City.

506. BID PROTESTS A. Any protest of the proposed Project award must be submitted in writing to the

City no later than 5:00 PM on the third (3rd) business day following the date of the bid opening.

B. The protest must contain a complete statement of the basis for the protest. C. The protest must state the facts and refer to the specific portion of the

document or the specific statute that forms the basis for the protest. The protest must include the name, address, and telephone number of the person representing the protesting party.

D. The party filing the protest must concurrently transmit a copy of the protest to the proposed awardee.

E. The party filing the protest must have actually submitted a bid for the Project. A subcontractor of a party filing a bid for the Project may not submit a bid protest. A party may not rely on the bid protest submitted by another bidder, but must timely pursue its own protest.

F. The procedure and time limits set forth in these Instructions to Bidders are mandatory and are the bidders’ sole and exclusive remedy in the event of a bid protest. Any bidder’s failure to fully comply with these procedures shall constitute a waiver of any right to further pursue a bid protest, including filing of a challenge of the award pursuant to the California Public Contract Code, filing of a claim pursuant to the California Government Code, or filing of any other legal proceedings.


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G. The City shall review all timely protests prior to award of the Project. The City shall not be required to hold an administrative hearing to consider any protests, but may do so at its option. At the time of the City Council’s consideration of the Project award, the City Council shall also consider the merits of any timely protests. The City Council may either reject the protest and award to the lowest responsible bidder or accept the protest and award the bid to the next lowest responsible bidder. Nothing in this Section shall be construed as a waiver of the City Council’s right to reject all bids.

507. AWARD A. In accordance with applicable law, the City reserves the right to reject any or

all bids and to waive any informality in any bid. The City reserves the right to accept any portion of any bid, unless the bid package expressly provides that the award will be made as a whole. If the City elects to award a contract for performance of the Project, the contract will be awarded in accordance with California Public Contract Code Section 20162 and other applicable law to the responsible bidder submitting a responsive bid with the lowest total bid price for the base bid and the additive or deductive alternate items listed in the Notice Inviting Bids. In accordance with the contract documents and other applicable law, the City may add or deduct items of work from the Project after the lowest responsible bidder is determined.

B. The successful bidder must submit to the City complete, executed copies of all documents specified in the Contract Checklist within five (5) working days of receiving written notice of award of the Project. Bidder’s security of any successful bidder that fails to do so will be forfeited to the City.

C. The successful bidder and any subcontractors and others engaged in performance of the Project must have valid local business license(s), as applicable, before commencing work on the Project.

D. Upon verifying that the successful bidder has provided complete, executed copies of all documents specified in the Contract Checklist an authorized City representative will execute the Project contract. The successful bidder is to determine the Project commencement date. The City requires 30 calendar days’ notice before work commences. After the successful bidder determines the Project commencement date and notifies the City, the City will issue to the successful bidder a notice to proceed specifying the Project commencement date. The number of days within which the Project must be complete begins to run on the Project commencement date.

508. PRICING A. If an inconsistency exists between the amount listed for a unit price in a bid

and the total listed for that bid item (e.g., if the total listed for a bid item does not equal the unit price listed in the bid multiplied by the quantity listed), subject to applicable law, the unit price will be deemed to accurately reflect the bidder’s intent concerning the bid item and the intended total for the bid item will be deemed to be the unit price as listed in the bid multiplied by the quantity listed.


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B. If the Project bid price is a lump sum total made up of smaller individual bid item prices and an inconsistency exists between the lump sum total bid price and any individual bid item price, subject to applicable law, the individual bid item prices as listed in the bid will be deemed to accurately reflect the bidder’s intended bid for the Project and the intended lump sum total bid for the Project will be deemed to be the sum of the individual bid item prices as listed in the bid, even if that sum is different from the amount actually listed as the lump sum total bid for the Project.

C. Any federal, state, or local tax payable on articles to be furnished for the Project shall be included in the lump sum total bid price and paid by the Contractor under the contract. The City is exempt from federal excise tax and will provide a certificate of exemption to the successful bidder upon request.

509. QUANTITIES A. Quantities, including but not limited to, material or labor quantities, that are

provided in the bid package concerning the Project are estimates only and are provided solely as a general indication of the Project scope. The City does not warrant that such quantity estimates provided in the bid package represent the actual quantities required to perform the Project in accordance with the contract documents. Such quantity estimates do not bind the City, and bidders should not rely on them in preparing their bids. Each bidder is solely responsible for determining the quantities on which to base their bids in light of information contained in the bid package, bidder investigation and analysis of the Project and the Project site, and any other analysis or expertise of the bidder concerning the Project.

B. The City may amend, decrease or increase the Project work in accordance with the bidding package and the contract documents. If the City amends, decreases or increases the Project work prior to award of the Project each bidder will be solely responsible for determining the revised quantities, if any, on which to base their bid in light of information contained in the bid package and any amendments or addenda to the bid package, bidder investigation and analysis of the Project as amended, decreased or increased, the Project site, and any other analysis or expertise of the bidder concerning the Project.

510. SUBCONTRACTING A. Bids must be in accordance with the requirements of the Subletting and

Subcontracting Fair Practices, Act, California Public Contract Code Section 4100 and following. Bids must include a completed list of proposed subcontractors on the form included in the bid package. In accordance with California Public Contract Code Section 4104, completed lists of proposed subcontractors must include the name, business location, the portion (type or trade), and dollar amount of the Project work to be subcontracted for each subcontractor that will perform a portion of the Project work (including special fabrication and installation of a portion of the work) valued in excess of one half of one percent of the total Project bid price.

B. In accordance with California Public Contract Code Section 4106, for any portion of the Project work with a value of more than one half of one percent


V6, 10-30-17


of the total Project bid price for which no subcontractor is listed, or for which more than one subcontractor is listed, bidders certify by submitting their bids that they are qualified to perform that portion of the Project work and that they will perform that portion of the Project work with their own forces. Bidders may not substitute another subcontractor for a subcontractor listed in their bid except as permitted by the City in accordance with Section 4107 and following of the California Public Contract Code.

511. ASSIGNMENT A. Bidders may not assign, sublet, sell, transfer, or otherwise dispose of their bid

or any right, title or interest in their bid, or their obligations under their bid, without the written consent of an authorized representative of the City. Any purported assignment, subletting, sale, transfer or other disposition of a bid or any interest in a bid, or of any obligations under a bid without such written consent will be void and of no effect.

512. BONDS A. The successful bidder must submit to the City a performance bond within ten

(10) working days of receiving written notice of award. If the Project involves expenditures in excess of twenty-five thousand dollars ($25,000), the successful bidder must submit to the City a payment or labor and materials bond within ten (10) working days of receiving written notice of award. Prior to issuance of the final Project payment, the successful bidder must submit a Defective Material and Workmanship bond. All bonds must be executed by corporate sureties who are admitted surety insurers in the State of California in accordance with applicable law and acceptable to the City. Individual sureties will not be accepted. All Project bonds must be executed using the forms provided in the bid package.

B. In accordance with California Civil Code Section 3247, the payment or labor and materials bond must be in the amount of one hundred percent of the total amount payable by the terms of the Project contract and guarantee payment to persons listed in California Civil Code Section 3181 for work performed and for charges for materials, supplies, and equipment provided under the Project contract (including amounts due under or subject to the Unemployment Insurance Code) in accordance with the requirements of California Civil Code Section 3248.

C. The performance bond must be in the amount of one hundred percent of the amount payable by the terms of the Project contract to guarantee the faithful performance of the Project work.

D. The Defective Material and Workmanship bond must be in the amount of ten percent of the final Project contract amount and guaranty the Project work against defects in materials, equipment, workmanship, or needed repair for one year from the City’s acceptance of the Project work.

513. LABOR LAWS A. Bidders must comply with applicable provisions of the California Labor Code.


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B. In accordance with California Labor Code Section 1861, bids must include a workers compensation insurance certification on the form included in the bid package.

C. In accordance with California Labor Code Section 1771, not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the Project is to be performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work fixed as provided in the California Labor Code shall be paid to all workers engaged in performing the Project.

D. In accordance with California Labor Code Section 1770 and following, the Director of Industrial Relations has determined the general prevailing wage per diem rates for work in the locality in which the Project is to be performed. In accordance with California Labor Code Section 1773, the City has obtained the general prevailing rate of per diem wages and the general rate for holiday and overtime work in the locality in which the Project is to be performed for each craft, classification or type of worker needed to perform the Project. In accordance with California Labor Code Section 1773.2, copies of the prevailing rate of per diem wages are on file at the Public Works offices and will be made available on request.

E. In accordance with California Labor Code Section 1777.1, Contractors and subcontractors that are found guilty of willfully violating Chapter 1 of Part 7 of Division 2 of the Labor Code (except for Section 1777.5), or that are found guilty of such violations with intent to defraud, and entities in which such Contractors or subcontractors have any interest, may be ineligible to bid on, be awarded, or perform Project work as a subcontractor.


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514. BIDDER'S CHECKLIST Did you include with your bid properly completed, accurate copies of the following documents in the following order using the forms included in the bid package?

______ Proposal and Schedule of Bid Prices that state the bid as intended

______ Copies of each addendum issued signed and dated on behalf of the bidder (If applicable)

______ Signed non-collusion affidavit

______ Executed bid bond

______ Designation of subcontractors

______ Experience and Financial Qualifications

______ List of plant and equipment owned by the bidder

______ List of contracts satisfactorily completed in the last three years

______ Debarment certification

______ Contractor verification

______ EEO Certification

______ Nonlobbying Certification

______ Disclosure of Lobbying Activities

______ Contractor Verification

______ Arrange to have the sealed bid delivered to the Department of Public Works in the City of Larkspur offices at 325 Doherty Drive, Larkspur, California, 94939 on or before the time specified for the bid opening in the notice inviting bids.


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515. BIDDER'S PROPOSAL


Proposal of (hereinafter called "BIDDER"), organized and existing under the laws of the State of , doing business as a * to the CITY OF LARKSPUR (hereinafter called "OWNER").

In compliance with your Advertisement for Bids, BIDDER hereby proposes to perform all WORK for the construction of the BON AIR ROAD BRIDGE REPLACEMENT, FEDERAL-AID PROJECT NO. BHLS 5166(015) in strict accordance with the CONTRACT DOCUMENTS, within the time set forth therein, and at the prices stated below.

By submission of this BID, each BIDDER certifies, and in the case of a joint BID each party therein certifies as to his own organization, that this BID has been arrived at independently, without consultation, communication, or agreement as to any matter relating to this BID with any other BIDDER or with any competitor.

In accordance with California Public Contract Code Section 20170, all bids must be presented under sealed cover and include one of the following forms of bidder’s security: cash, cashier’s check made payable to the City, certified check made payable to the city, or a bidder’s bond. The amount of bidder’s security provided must equal at least ten (10) percent of the total bid price for the base bid and the additive or deductive items listed in this notice. The successful bidder must submit to the City complete, executed copies of all required document within ten (10) working days of receiving written notice of award of the project. Bidder’s security of any successful bidder that fails to do so will be forfeited to the City. Such required documents include, but are not limited to, a payment or labor and materials bond in an amount of at least 100 percent of the amount payable by the terms of the project contract and that satisfies the requirements of California Civil Code Section 3248, and a performance bond in an amount of at least 100 percent of the amount payable by the terms of the contract. All project bonds must be executed by an admitted surety insurer in accordance with applicable law and acceptable to the City. Bids shall be marked:

"Bid of (Contractor) for BON AIR ROAD BRIDGE REPLACEMENT,

FEDERAL-AID PROJECT NO. BHLS 5166(015), Including the Date and Time of the bid opening.

BIDDER hereby agrees to commence WORK under this contract within five (5) days of the date to be specified in the NOTICE TO PROCEED and to fully complete the PROJECT within1491 calendar days. BIDDER further agrees to pay as liquidated damages, the sum of $8,300 (COST OF LIQUIDATED DAMAGES) for each consecutive calendar day thereafter as provided in Section 314.J of the General Provisions.


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BIDDER acknowledges receipt of the following ADDENDUM:

Addendum # Date of Addendum

BIDDER agrees to perform the work described in the CONTRACT DOCUMENTS for the unit prices or lump sum prices stated on the attached BID SCHEDULE.

Notes:

* Insert "a corporation" or "a partnership" or "an individual" as applicable.


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516. BID SCHEDULE Name of Contractor:

BASE BID

ITEM ITEM UNIT OF ESTIMATED UNIT PRICE ITEM TOTAL

NO. DESCRIPTION MEASURE QUANTITY

1 CONSTRUCTION STAKING LS 1

2 PROGRESS SCHEDULE (CRITICAL PATH METHOD) LS 1

3 CONSTRUCTION MANAGEMENT PLAN LS 1

4 STAGE CONSTRUCTION/TRAFFIC HANDLING LS 1

5 WATER POLLUTION CONTROL LS 1

6 ENVIRONMENTAL STEWARDSHIP LS 1

7 REMOVE ROADSIDE SIGN EA 7

8 REMOVE DRAINAGE STRUCTURE EA 8

9 REMOVE CONCRETE PAVEMENT (BUS PAD/BUS STOP) CY 24

10 RESET ROADSIDE SIGN EA 2

11 RELOCATE ROADSIDE SIGN EA 7

12 ADJUST FRAME AND GRATE TO GRADE EA 1

13 RELOCATE TRASH RECEPTACLE EA 1

14 RELOCATE FIRE HYDRANT EA 1

15 REMOVE SIDEWALK SQYD 318

16 REMOVE CONCRETE (CURB AND GUTTER) LF 1352

17 REMOVE CONCRETE MEDIAN/ISLANDS SQYD 936

18 BRIDGE REMOVAL LS 1

19 REMOVE PILE (PORTION) EA 4


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20 CLEARING AND GRUBBING LS 1

21 ROADWAY EXCAVATION CY 3,163

22 STRUCTURE EXCAVATION (PUMP STATION) LS 1

23 F STRUCTURE EXCAVATION (TYPE D) CY 163

24 F STRUCTURE EXCAVATION (TYPE DH) CY 182

25 F STRUCTURE EXCAVATION (TYPE Z-3) (AERIALLY DEPOSITED LEAD) CY 47

26 STRUCTURE BACKFILL (PUMP STATION) LS 1

27 F STRUCTURE BACKFILL (BRIDGE) CY 112

28 F STRUCTURE BACKFILL (RETAINING WALL) CY 85

29 CONTOUR GRADING CY 131

30 FERTILIZER & CONDITIONING SQFT 5,700

31 TREE (BOX) (24") EA 5

32 TREE (BOX) (36") EA 10

33 SHRUBS & GROUNDCOVER (15 GAL) EA 48



36 SHRUBS & GROUNDCOVER (4" POT) EA 65

37 PLANT ESTABLISHMENT WORK (1 YR) LS 1

38 WOOD MULCH CY 55

39 1" REMOTE CONTROL VALVE WITH DECODER EA 7

40 RELOCATE IRRIGATION CONTROLLER (POST ASSEMBLY) WITH NEW ENCLOSURE

EA 1


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41 IN-LINE DRIP IRRIGATION TUBING LF 4,000

42 IN-LINE DRIP OP INDICATOR EA 4

43 IN-LINE DRIP FLUSH VALVE EA 8

44 WYE STRAINER EA 1

45 F 3/4" PLASTIC PIPE (SCHEDULE 40)(SUPPLY LINE)(LATERAL) LF 110

46 F 1" PLASTIC PIPE (SCHEDULE 40)(SUPPLY LINE) (LATERAL) LF 815

47 F 1 1/4" PLASTIC PIPE (SCHEDULE 40)(SUPPLY LINE)(LATERAL) LF 195

48 F 1 1/2" PLASTIC PIPE (SCHEDULE 40)(SUPPLY LINE)(MAIN LINE) LF 295

49 F 4" PLASTIC PIPE (PVC, CLASS 200)(IRRIGATION SLEEVE) LF 110

50 F 6" PLASTIC PIPE (PVC, CLASS 200)(IRRIGATION SLEEVE) LF 60

51 IRRIGATION HEAD (SHRUB BUBBLER) EA 85

52 IRRIGATION HEAD (TREE BUBBLER) EA 15

53 RESET BACKFLOW PREVENTER AND ENCLOSURE EA 1

54 F QUICK COUPLING VALVE EA 4

55 IMPORT TOPSOIL CY 175

56 EROSION CONTROL (HYDROSEED) SQFT 9,000

57 ROLLED EROSION CONTROL PRODUCT (BLANKET) LS 1

58 CLASS 2 AGGREGATE BASE CY 246

59 CLASS 2 AGGREGATE BASE (GRAVEL MAINTENANCE ROAD) CY 28

60 SLURRY SEAL TON 75

61 HOT MIX ASPHALT (TYPE A) TON 5624


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62 PLACE HOT MIX ASPHALT (MISCELLANEOUS AREA) SQYD 435

63 96" PERMANENT STEEL CASING LF 487

64 30" CAST-IN-DRILLED-HOLE CONCRETE PILING LF 261

65 36" CAST-IN-DRILLED-HOLE CONCRETE PILING LF 1,032

66 96" CAST-IN-DRILLED-HOLE CONCRETE PILING LF 487

67 30" CAST-IN-DRILLED-HOLE CONCRETE PILING (ROCK SOCKET)

LF 128

68 90" CAST-IN-DRILLED-HOLE CONCRETE PILING (ROCK SOCKET)

LF 284

69 F STRUCTURAL CONCRETE, BRIDGE CY 2,121

70 F STRUCTURAL CONCRETE, RETAINING WALL CY 36

71 F STRUCTURAL CONCRETE, APPROACH SLAB (TYPE N) CY 143

72 F ARCHITECTURAL TREATMENT LS 1

73 FURNISH PRECAST PRESTRESSED CONCRETE BOX GIRDER (60'-70')

EA 16

74 FURNISH PRECAST PRESTRESSED CONCRETE BOX GIRDER (80'-90')

EA 24

75 F ERECT PRECAST PRESTRESSED CONCRETE BOX GIRDER EA 40

76 JOINT SEAL (MR 1 1/2") LF 143

77 F BAR REINFORCING STEEL LB 724

78 F BAR REINFORCING STEEL (EPOXY COATED) LB 2,867

79 F BAR REINFORCING STEEL (EPOXY COATED) (BRIDGE) LB 1,086,430

80 FURNISH SINGLE SHEET ALUMINUM SIGN SQFT 85

81 ROADSIDE SIGN - ONE POST EA 8


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82 INSTALL SIGN (STRAP AND SADDLE BRACKET METHOD) EA 10

83 INSTALL SIGN (MAST-ARM HANGER METHOD) EA 6

84 INSTALL SIGN (PEDESTRIAN BARRICADE) EA 2

85 PAINT CURB (2-COAT) SQFT 601

86 12" HDPE DRAINAGE PIPE LF 74

87 12" REINFORCED CONCRETE PIPE LF 226



90 30" WELDED STEEL PIPE (.250" THICK) LF 300

91 TYPE "D" CATCH BASIN EA 6

92 TYPE "D" CATCH BASIN MODIFIED EA 1

93 TYPE "A" MANHOLE EA 2

94 DROP INLET (24"X24") EA 2

95 DROP INLET (36"X36") EA 1

96 CONCRETE COLLAR EA 2

97 ROCK SLOPE PROTECTION (1/4 T, METHOD B) CY 35

98 ROCK SLOPE PROTECTION (FACING, METHOD B) CY 17

99 ROCK SLOPE PROTECTION (NO.3, METHOD B) CY 43

100 ROCK SLOPE PROTECTION FABRIC (CLASS 8) SQYD 410

101 CURB RAMP DETECTABLE WARNING SURFACE SQFT 212

102 MINOR CONCRETE (CURB AND GUTTER) CY 87


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103 MINOR CONCRETE (CURB) CY 7

104 CONCRETE PAVEMENT (BUS PAD) CY 6

105 MINOR CONCRETE (DRIVEWAY) CY 17

106 MINOR CONCRETE (SIDEWALK) CY 112

107 MINOR CONCRETE (COBBLESTONE SURFACE) SQFT 671

108 MINOR CONCRETE (CURB RAMP) CY 14

109 CONCRETE PUMP STATION & VAULT LS 1

110 DRAINAGE PUMPING EQUIPMENT LS 1

111 PUMPING PLANT ELECTRICAL EQUIPMENT LS 1

112 FRAME AND GRATE EA 10

113 F MISCELLANEOUS METAL (BRIDGE) - VERTICAL RESTRAINER (STAINLESS STEEL)

LB 123

114 WOOD FENCE (7' WITH WOOD POSTS) LF 315

115 DELINEATOR (CLASS 1) EA 6

116 PEDESTRIAN BARRICADE EA 1

117 F PEDESTRIAN RAILING (ROADWAY) LF 357

118 F PEDESTRIAN RAILING (42") LF 874

119 F CALIFORNIA ST-70 BRIDGE RAIL (MODIFIED) LF 784

120 THERMOPLASTIC TRAFFIC STRIPE LF 8330

121 THERMOPLASTIC PAVEMENT MARKING SQFT 1,915

122 PAVEMENT MARKER (NON-REFLECTIVE) EA 754

123 PAVEMENT MARKER (RETROREFLECTIVE) EA 201


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124 RECTANGULAR RAPID FLASHING BEACON LS 1

125 STREET LIGHTING LS 1

126 SIGNAL (MAGNOLIA) LS 1

127 SIGNAL AND LIGHTING (S. ELISEO) LS 1

128 REMOVABLE BOLLARDS EA 3

129 WORK TRESTLE CONSTRUCTION LS 1

130 FURNISH AND INSTALL 1 1/2" PVC CONDUIT (SEISMIC INSTRUMENTATION)

LF 500

131 FURNISH AND INSTALL 6-PAIR CABLE (SEISMIC INSTRUMENTATION)

LF 1,730

132 CONSTRUCT SEISMIC INSTRUMENTATION RECORDER PAD

EA 1

133 FURNISH AND INSTALL SEISMIC INSTRUMENTATION PULL BOX EA 4

134 FURNISH SEISMIC INSTRUMENTATION EQUIPMENT LS 1

135

MOBILIZATION (5%) LS 1

136 F MISCELLANEOUS METAL (BRIDGE) - MMWD WATER LINE SUPPORT (GALVANIZED)

LB 1,133

137 INSTALL 8" WATERLINE LF 20

138 INSTALL 12" WATERLINE (BRIDGE) LF 400

139 INSTALL 12" WATERLINE (ROADWAY) LF 100

140 TIE INTO EXISTING 8" WATER EA 1

141 TIE INTO EXISTING 12" WATER EA 1

142 INSTALL 12" FABRICATED ELL (WATER) EA 5

143 FURNISH AND INSTALL 12" FLANGED END FORCE BALANCED FLEX TEND

EA 2

144 INSTALL 12" BUTTERFLY VALVE (WATER) EA 1


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145 INSTALL 12" X 8" REDUCING TEE EA 1

146 CONSTRUCT THRUST BLOCKS LS 1

147 FURNISH AND INSTALL 4" CONDUIT (CABLE TV) LF 500

148 FURNISH AND INSTALL 30" X 17" PULLBOX (CABLE TV) EA 2

149 FURNISH & INSTALL 6" CONDUIT-BRIDGE (ELECTRIC) LF 800

150 FURNISH & INSTALL 6" CONDUIT-SUBGRADE (ELECTRIC) LF 300

151 FURNISH & INSTALL 18" PVC CASING-BRIDGE (ELECTRIC) LF 400

152 INSTALL EXPANSION COUPLERS (ELECTRIC) EA 4

153 INSTALL TYPE 3 BOXES (ELECTRIC) EA 2

154 REMOVE UTILITY BOX EA 4

155 REMOVE ASBESTOS CEMENT PIPE (BRIDGE) LF 3,600

156 REMOVE PIPE (ROADWAY) LF 7,728

TOTAL $________________


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NOTES

1. The contract award will be based on the Base Bid. It shall be understood that bid alternatives means the same thing as add alternates.

2. All items include installation/construction and/or removal as described in the corresponding Special Provisions.

3. Bids shall include sales tax and all other applicable taxes and fees. 4. The City of Larkspur reserves the right to delete any or all of the Items (due to

budgetary constraints) without adjusting the above quoted unit prices.

Please type or print the information below:

Respectfully submitted on (date):

Name of Contractor Signature of Contractor Representative Name & Title of Contractor Representative

Address City, State, Zip Contractor License Number Telephone Number: (SEAL) if bid is by a Corporation:

Signature of Principal Attesting Signature


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517. NON-COLLUSION AFFIDAVIT This Affidavit to be fully executed

STATE OF CALIFORNIA )

) ss.

COUNTY OF ____________ )

In accordance with Public Contract Code Section 7106,

___________________________________________________, being first duly sworn, deposes and says that he or she is ___________________ [President, Secretary, Manager, Owner or Representative] of ______________________ [Name of Company or Corporation or Owner] the party making the foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown 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.

The undersigned declares under penalty of perjury under the laws of the State of California that the foregoing representations and all other representations made in the undersigned's proposal attached hereto are true and correct.

Signature of President, Secretary, Manager,

Owner or Representative


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518. BID BOND [NOTE: Bidders must use this form; use of any other bond form may render a bid non-responsive.]


KNOW ALL PERSONS BY THESE PRESENTS, that the CITY OF LARKSPUR ("City"), a municipal corporation located in the County of Marin, State of California, has received a Proposal from

, hereinafter designated as Principal, whereby Principal agrees to enter into a Contract with the City for the improvements more particularly described in all documents forming the complete Contract entitled

BON AIR ROAD BRIDGE REPLACEMENT FEDERAL-AID PROJECT NO. BHLS 5166(015),

which said complete Contract is hereby referred to and made a part hereof; and

WHEREAS, said Principal is required to furnish a bond in connection and with said Proposal, provided that if said Principal fails or refuses to enter into said Contract, the Surety of this bond will pay the City the amount hereinafter set forth.

NOW, THEREFORE, we the Principal and , as Surety, are held and firmly bound unto the CITY OF LARKSPUR in the penal sum of $___________, lawful money of the United States, being not less than ten percent (10%) of the estimated Contract cost of the work, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION IS SUCH that if said Principal, his/her/its heirs, executors, administrators, successors or assigns, shall fail to enter into said Contract, then said Surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond a reasonable attorney's fee in such suit, which fee shall be fixed by the Court.

AS FURTHER TERMS OF THIS BOND, IT IS UNDERSTOOD AS FOLLOWS:

(a) If said Proposal shall be rejected, or in the alternative;

(b) If said Proposal shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Proposal) and shall furnish a bond for his/her/its faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Proposal then, this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any


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and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the City may accept such Proposal; and said Surety does hereby waive notice of any such extension.

PROVIDED FURTHER, that no final settlement between the City and Principal shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

NOTE: To be signed by Principal and Surety and acknowledgment and notarial seal attached. (SEAL) if bid is by a Corporation:

Principal SURETY: By:

Title:

Address:


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519. DESIGNATION OF SUBCONTRACTORS


In compliance with the provisions of Section 4100-4107 of the Government Code of the State of California, and any amendments thereof, each Bidder shall set forth below the name and the location of the mill, shop or office of each subcontractor who will perform work or labor or render service to the Contractor in or about the construction of the work or improvement to be performed under these specifications, and the portion of the work which will be done by each subcontractor.

If the Contractor fails to specify a subcontractor for any portion of the work to be performed under the contract, he shall be deemed to have agreed to perform such portion himself, and he shall not be permitted to subcontract that portion of the work except under the conditions hereinafter set forth.

Subletting or subcontracting of any portion of the work, as to which no subcontractor was designated in the original bid shall be permitted in cases of public emergency or necessity, and then only after a finding reduced in writing as a public record of the Legislative Body of the Owner.

Name of Subcontractor & Place of Business License Class

Type and Portion of Work to be Performed


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520. EXPERIENCE AND FINANCIAL QUALIFICATIONS


The following statement as to experience and financial qualifications of the Bidder are submitted in conjunction with the proposal, as a part thereof and the truthfulness and accuracy of the information is guaranteed by the bidder.

1. The Bidder has been engaged in the contracting business under the present business name for ____ years. Experience in work of a nature similar to that covered in the proposal extends over a period of _____ years.

2. The Bidder currently holds a valid Contractor's License of the following Class or Classes, __________________________, issued by the Contractors State License Board under the provision of Chapter 9 of Division 3 of the Business and Professions Code of the State of California.

3. The Bidder, as a Contractor, has never failed to satisfactorily complete a contract awarded to him, except as follows: (Name any and all exceptions and reasons therefore).

4. In the last 10 years, have you or your firm been a party to an arbitration, lawsuit or any other proceeding involving work that you or your firm performed? yes _____ no_____.

If yes, please provide the following information as to each such proceeding:

a. the name, address and telephone numbers of all parties to the proceeding; b. the general nature of the claims being made against or by your firm; c. the outcome of the proceeding.

5. Have you or your firm ever requested payment of more money than any of your clients

have been willing to pay? yes _____ no _____

As to each such request, please state: a. the name, address and telephone number of the client; b. the amount and nature of your claim; c. the nature of the client's position; d. the outcome of your claim.

6. The Bidder meets the Contractor Qualifications of Section 304.5:

yes _____ no _____


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RECENT CONSTRUCTION PROJECTS COMPLETED

Contractor shall provide information about a minimum of the two most recently completed public

works projects within the last three years with bridge and large diameter (8 feet or larger) Cast in

Drilled Hole (CIDH) piles in and over tidal waters. Names and references must be current and

verifiable. Contractors not meeting these requirements shall be disqualified from consideration.

Use separate sheets of paper that contain all of the following information:

PROJECT NO. 1 Project Name: Location: Owner:

Owner Contact (name and current phone number):

Address:

Contact number and e-Mail:

Architect or Engineer:

Architect or Engineer Contact (name, email, and current phone number):

Address:


Construction Manager (name, email, and current phone number):

Address:


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Is this person proposed to be the Construction Manager on this project?

Yes .................................................................................................................................... No

State if you are a Contractor or Subcontractor:

If you are a Subcontractor, state the Prime Contractor:

Description of Project, Scope of Work Performed:

State the type of CIDH construction performed:

State the number of CIDHs, length, and size:

State experience in repairing anomalies and other deficiencies regardless of location within the large

diameter (greater than 8 feet) CIDH. Include the repair methods and equipment used to perform the

repairs and describe the methods used to confirm adequacy of the repairs.

State any lost time related to CIDH construction:


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CIDH Superintendent (name, email, and current phone number):

Address:


State who supervised the CIDH construction and his/her qualifications in CIDH drilling:

Is this person proposed to supervise the CIDH drilling on this project?

Yes .................................................................................................................................... No

Total Value of Construction (including change orders):

Original Scheduled Completion Date:

Time Extensions Granted (number of days):

Actual Date of Completion:


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PROJECT NO. 2 Project Name: Location: Owner:

Owner Contact (name and current phone number):

Address:


Architect or Engineer:

Architect or Engineer Contact (name, email, and current phone number):

Address:


Construction Manager (name, email, and current phone number):

Address:


Is this person proposed to be the Construction Manager on this project?

Yes .................................................................................................................................... No

State if you are a Contractor or Subcontractor:


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If you are a Subcontractor, state the Prime Contractor:

Description of Project, Scope of Work Performed:

State the type of CIDH construction performed:

State the number of CIDHs, length, and size:

State experience in repairing anomalies and other deficiencies regardless of location within the large

diameter (greater than 8 feet) CIDH. Include the repair methods and equipment used to perform the

repairs and describe the methods used to confirm adequacy of the repairs.

State any lost time related to CIDH construction:

CIDH Superintendent (name, email, and current phone number):

Address:


State who supervised the CIDH construction and his/her qualifications in CIDH drilling:


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Is this person proposed to supervise the CIDH drilling on this project?

Yes .................................................................................................................................... No

Total Value of Construction (including change orders):

Original Scheduled Completion Date:

Time Extensions Granted (number of days):

Actual Date of Completion:


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521. LIST OF CONTRACTS SATISFACTORILY COMPLETED IN THE LAST THREE YEARS:

The following contracts have been satisfactorily completed in the last three years for the person, firm, or authority indicated, and to whom reference is made: (Name five contracts.)

Year Type of Work Contract Amount Location Reference Name &

Phone Number


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522. LIST OF PLANT AND EQUIPMENT OWNED BY THE BIDDER

Following is a list of plant and equipment owned by the Bidder, and which is definitely available for use on the proposed work as required:

Quality Name, Type & Capacity Condition Location


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523. DEBARMENT CERTIFICATION


By submitting its bid, the bidder certifies in accordance with California Public Contract Code Section 6109 that neither the bidder nor any subcontractor included on the list of proposed subcontractors submitted with the bid in ineligible to perform work on public works projects pursuant to California Labor Code Sections 1777.1 or 1777.7. In accordance with California Public Contract Code Section 6109, Contractors and subcontractors who are ineligible to perform work on public works projects pursuant to California Labor Code Sections 1777.1 or 1777.7 may neither bid on, be awarded or perform as a subcontractor on public works projects.

______________________________ PRINCIPAL


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524. CONTRACTOR VERIFICATION


Verification of Contractor and Subcontractor DIR Registration

I am the ____________________________ of ________________________________(Bidder), (Title) (Bidder Name) submitting the accompanying Bid Proposal for the Work described as the

BON AIR ROAD BRIDGE REPLACEMENT

The Bidder is currently registered as a contractor with the Department of Industrial Relations (“DIR”). The Bidder’s DIR Registration Number is:________________________. The expiration date of the Bidder’s DIR Registration is June 30, 20______.

If the Bidder is awarded the Contract for the Work and the expiration date of the Bidder’s DIR Registration will occur: (i) prior to the expiration of the Contract Time for the Work; or (ii) prior to the Bidder completing all obligations under the Contract for the Work, the Bidder will take all measures necessary to renew the Bidder’s DIR Registration so that there is no lapse in the Bidder’s DIR Registration while performing Work under the Contract.

The Bidder, if awarded the Contract for the Work will remain a DIR registered contractor for the entire duration of the Work.

The Bidder has independently verified that each Subcontractor identified in the Subcontractors List submitted with the Bid Proposal of the Bidder is currently a DIR registered contractor.

The Bidder has provided the DIR Registration Number for each subcontractor identified in the Bidder’s Subcontractors’ List or within twenty-four (24) hours of the opening of Bid Proposals for the Work, the Bidder will provide the City with the DIR Registration Number for each subcontractor identified in the Bidder’s Subcontractor List.

The Bidder’s solicitation of subcontractor bids included notice to prospective subcontractors that: (i) all sub-tier subcontractors must be DIR registered contractors at all times during performance of Work; and (ii) prospective subcontractors may only solicit sub-bids from and contract with lower-tier subcontractors who are DIR Registered contractors.

I have personal first hand-knowledge of all of the foregoing.

I declare under penalty of perjury under California law that the foregoing is true and correct.

Executed this ____________day of _______________, 20____ at___________________________. (City and State) Signature of Contractor Representative


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Section 600 -Contract Documents Page 125

SECTION 600 - CONTRACT DOCUMENTS


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SECTION 600 - CONTRACT DOCUMENTS 601. CONSTRUCTION AGREEMENT & CONTRACT CHANGE ORDER FORM


This Agreement made and entered into this ____ day of _____________, 20____, by and between _______________ (“Contractor”) and the City of Larkspur (“City”).

RECITALS

A. The City gave notice inviting bids to be submitted by ___________ for the BON AIR ROAD BRIDGE REPLACEMENT by published notice and/or posting in accordance with California Public Contract Code Section 20164 and other applicable law.

B. On ____________, City representatives opened bids for the BON AIR ROAD BRIDGE REPLACEMENT and read the bids aloud.

C. On ____________, the City Council awarded the BON AIR ROAD BRIDGE REPLACEMENT to the Contractor and directed City staff to send the Contractor written notice of award of the project. The City Council conditioned award of the project on the Contractor’s providing executed copies of all documents specified in the contract checklist included in the bid package within ten (10) working days of receiving written notice of award of the project.

D. The Contractor has provided the City executed copies of all documents specified in the contract checklist included in the bid package within ten (10) working days of receiving written notice of award.

AGREEMENT TERMS

The City and Contractor agree as follows:

A. The work: The Contractor will furnish all labor, materials, equipment, tools, transportation, services, and appliances necessary to complete in a good and workmanlike manner the BON AIR ROAD BRIDGE REPLACEMENT (“Work”) as shown in the Specifications and Project Plans in accordance with the Contract Documents and applicable law.

B. Time for Completion: The Contractor must complete the Work in accordance with the Contract Document within ONE THOUSAND FOUR HUNDRED NINETY ONE (1491) calendar days from the date of issuance of the Notice to Proceed (or approved extensions thereof).

C. Remedies for Failure to Timely Complete the Work: It is agreed that Contractor’s failure to full perform the Work by the Time for Completion (as modified by approved extensions) will result in damages being sustained by the City. Such damages are, and will continue to be, impracticable and extremely difficult to determine. For each calendar day in excess of the Time for Completion (as modified by approved extensions), the Contractor shall pay to the City, or have monies withheld from monies to it, liquidated damages of $8,300.00 per calendar day in accordance with California Government Code Section 53069.85 and Section 314.J of the Standard Specifications.

D. Contract Price and Payment: City shall pay Contractor __________________ ($_____) for completion of the Work. The Contractor’s submitted Bid Schedule is attached as Exhibit A. The City will have no obligation to pay the Contractor any amount in excess of this Contract Price unless this Agreement is first modified in accordance with its terms. The City’s


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obligation to pay the Contractor under this agreement is subject to any may be offset by charges that may apply to the Contractor under this Agreement, including but not limited to charges for liquidated damages and/or substitute performance in accordance with the Contract Documents.

E. Prevailing Wages: In accordance with California Labor Code Section 1771, Contractor will pay and will require all Subcontractors to pay all workers on the work a salary or wage at least equal to the prevailing rate of per diem wages for such work as set forth in the wage determinations and wage standards applicable to this work, a copy of which is on file with the City Clerk. A copy of the prevailing wage rate of per diem wage shall be posted at the job site. In accordance with California Labor Code Section 1777.5, Contractor shall forfeit to the City, as a penalty, One Hundred Dollars ($100.00) for each calendar day or portion thereof for each worker paid (either by Contractor or Subcontractors) less than the prevailing rate wage rate. The Work covered by this Agreement is a “public work” as that term is defined in California Labor Code, Division 2, Part 7, Chapter 1.

Contractor agrees, in accordance with Section 1771.1 of the California Labor Code, that contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. No contractor or subcontractor may be awarded a contract for public work on a public works project (awarded on or after April 1, 2015) unless registered with the Department of Industrial Relations pursuant to California Labor Code section 1725.5. Contractor agrees, in accordance with Section 1771.4 of the California Labor Code, this Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

F. The Contract Documents: This agreement consists of the following documents (“Contract Documents”), all of which are incorporated into and made part of this Agreement as if set forth in full. In the event of a conflict between or among the Contract Documents, precedence will be in the following order:

1. This Agreement and change orders and other amendments to this agreement signed by authorized representatives of the City and the Contractor.

2. The Special Provisions, addenda to the Special Provisions signed by authorized representatives of the City and issued prior to bid opening, Equal Product Proposals accepted by the City and signed by authorized City representatives prior to bid opening, and change orders and other amendments to the Specifications signed by authorized representatives of the City and the Contractor.

3. The Project Plans, addenda to the Project Plans signed by authorized representatives of the City and issued prior to bid opening, Equal Product Proposals accepted by the City and signed by authorized City representatives prior to bid opening, and change orders and other amendments to the Project Plans signed by authorized representatives of the City and the Contractor.

4. The General Provisions and change orders and other amendments to the General Provisions signed by authorized representatives of the City and the Contractor.

5. Standard Specifications, Cities and County of Marin, Department of Public Works, latest edition (“County Standard Specifications”).


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6. Uniform Construction Standards Approved and Adopted by Cities of Marin and County of Marin, latest edition (“County Standard Drawings” or “MUCS”).

7. California State Transportation Agency, Department of Transportation, Standard Plans and Specifications, latest edition (“State Plans” or “State Specifications”).

8. California State and Consumer Services Agency, Building Standards Commission, Building Code, latest edition (“Building Code”).

9. Notice Inviting Bids. 10. Instructions to Bidders. 11. The successful bidder’s completed Proposal Form and Bidder’s Sheet. 12. The successful bidder’s completed Contractor License Information. 13. The successful bidder’s completed List of Proposed Subcontractors. 14. The successful bidder’s Workers Compensation Insurance Certification. 15. The successful bidder’s completed Non-collusion Affidavit. 16. The successful bidder’s Debarment Certification. 17. The successful bidder’s completed Certificates of Insurance and Endorsements. 18. The successful bidder’s executed Performance Bond. 19. The successful bidder’s executed Payment Bond. 20. Executed Escrow for Deposit Agreement, if applicable. 21. Change Order Form. 22. The Defective Material and Workmanship Bond form included in the bid package that

the Contractor must execute prior to release of final payment under the Contract. 23. The successful bidder’s Qualification Statement, if any. 24. The successful bidder’s signed Signature Form.

G. Assignment: No assignment by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation monies that may become due and monies that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. This Agreement shall inure to the benefit of, and be binding upon, the successors in interest, legal representatives, trustees, and permitted assigns of either party.

H. Notices: All notices permitted or required hereunder shall be addressed as follows and shall be deemed delivered upon posting the notice first class, U.S. mail, postage prepaid:

Any written notice to the City shall be sent to: Director of Public Works City of Larkspur 400 Magnolia Drive Larkspur, CA 94939

Any written notice to Contractor shall be sent to: ______________________________________ ______________________________________ ______________________________________

I. Governing law; Venue: The laws of the State of California shall govern this Agreement, without regard for the choice of law doctrine. Venue shall be in the County of Marin.


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J. Severability: If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

K.

IN WITNESS WHEREOF, CITY and CONTRACTOR have caused this Agreement to be executed the day and year first above written.

CITY OF LARKSPUR NAME OF CONTRACTOR City Manager Signature ATTEST: Printed Name & Title City Clerk APPROVED AS TO FORM: City Attorney ATTACHMENTS: EXHIBIT A – Contractor’s Bid Schedule


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CITY OF LARKSPUR CONTRACT CHANGE ORDER NO.____ PUBLIC WORKS DEPARTMENT Sheet ___ of __ 400 Magnolia Ave, Larkspur, CA 94939 (415) 927-5017

PROJECT NAME: TO: (contractor) (address) You are hereby directed to make the herein described changes to the plans and specifications or do the following described work not included in the plans and specifications on this contract. Upon execution by representatives authorized to bind the parties, this Change Order will become a part of the contract. The consideration specified in this Change Order (whether an adjustment of the contract price, an adjustment of time, and/or other consideration) is the full and sole compensation owed to the contractor as a result of the changes and issues described in this Change Order. Such consideration includes, but is not limited to, any and all direct and indirect costs incurred by the contractor as a result of the changes and issues described in this Change Order for any labor, equipment, materials, overhead (additional, extended, field and home office), profit, or time adjustments. By signing this Change Order the contractor waives and releases the owner from any and all claims for additional compensation concerning any of the changes and issues specified in this Change Order. NOTE: This Change Order is not effective until approved by the Public Works Director.

To follow is the description of work to be performed, estimate of quantities and prices to be paid, segregated between additional work at contract price, agreed price and force account. Unless otherwise stated, rates for rental of equipment cover only such time as equipment is actually used and no allowance will be made for idle time.

Change requested by _______________ .

SCOPE OF WORK:

METHOD OF PAYMENT: Options: Lump Sum, Extra Work at Force Account, Increase Unit Price, Decrease Unit Price, Agreed Unit Price Estimated Cost: Increase _______.__

By reason of this order, the time of completion will be adjusted as follows: _______ of days

We, the undersigned Contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment the prices shown above.

By: Title: Date: Contractor’s Representative Prepared by: City’s Project Manager Date: Approval Recommended by: , Public Works Director Date: Approved by (under $20,000): , Public Works Director Date: Approved by ($20,000 and over): , City Manager Date:


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602. PERFORMANCE BOND [to be printed on Surety letterhead]


WHEREAS, the CITY OF LARKSPUR (hereinafter designated as "City"), State of California, and

, (hereinafter designated as "Principal"), have entered into an agreement whereby Principal agrees to complete improvements specified in the Agreement and all documents forming the complete contract, which said agreement dated , 20__, and identified as “BON AIR ROAD BRIDGE REPLACEMENT, FEDERAL-AID PROJECT NO. BHLS 5166(015)”, are referred to and made a part hereof; and

WHEREAS, said Principal is required under the terms of said agreement to furnish a bond for the faithful performance of said agreement.

NOW, THEREFORE, we the Principal, and , as surety, are held and firmly bound unto the City in the penal sum of $ , lawful money of the United States, being not less than one hundred (100%) percent of the estimated contract cost of the work, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if the above bound Principal, his/hers/its heirs, executors, administrators, successors, or assigns, shall in all things stand to and abide by, and well and truly keep and perform the covenants, conditions and provisions in the said agreement and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall defend, indemnify and save harmless City, its officers, agents and employees, as therein stipulated, then this obligation shall become null and void; otherwise it shall be and remain in full force and effect.

As a part of the obligation secured hereby and in addition to the face amount specified therefore, there shall be included costs and reasonable expenses and fees, including reasonable attorney's fees, incurred by City in successfully enforcing such obligation, all to be taxed as costs and included in any judgment rendered.

And the said Surety hereby stipulates and agrees that upon termination of the Agreement, the City reserves the right to refuse tender of the principal by the surety to complete the Work.

The surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same shall in anyway effect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the agreement or to the work or to the specifications.


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IN WITNESS WHEREOF, this instrument has been duly executed by the Principal and surety above named, on .



Title:

Address:

It has been confirmed that the Surety is admitted by the Department of Insurance to transact business in the State of California and has a Best's rating of at least A+.

The above bond is accepted and approved this day of , 20__.

Attorney for the CITY OF LARKSPUR


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603. LABOR AND MATERIALS BOND [to be printed on Surety letterhead]


KNOW ALL PERSONS BY THESE PRESENTS, that the CITY OF LARKSPUR ("City") a municipal corporation located in the County of Marin, State of California, by Resolution No. , has awarded a contract to and has entered into an agreement with , hereinafter designated as "Principal" whereby Principal agrees to complete the improvements more particularly described in all documents forming the complete contract entitled “BON AIR ROAD BRIDGE REPLACEMENT, FEDERAL-AID PROJECT NO. BHLS 5166(015)”, which said agreement is hereby referred to and made a part hereof; and

WHEREAS, pursuant to California Civil Code Section 3247, said Principal is required to furnish a bond in connection and with said contract, provided that if said Principal, or any of his/her/its Contractors, shall fail to pay for any materials, provisions, provender or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor done thereon of any kind, the Surety of this bond will pay the same to the extent hereinafter set forth; and

WHEREAS, pursuant to California Civil Code Section 3248, such payment bond must be in a sum not less than one hundred percent (100%) of the total amount payable by the terms of the Agreement, and must satisfy the other requirements specified in that section.

NOW, THEREFORE, we the Principal and , as surety, are held and firmly bound unto the CITY OF LARKSPUR in the penal sum of $ , lawful money of the United States, being not less than one hundred (100%) percent of the estimated contract cost of the work, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said Principal, his/her/its heirs, executors, administrators, successors or assigns, or its subcontractors, shall fail to pay any of the persons named in Section 3181 of the Civil Code, or to pay for any labor, materials, provisions, provender, or other supplies or teams used in, upon, for or about the performance of the work contracted to be done, or for any work or labor thereon of any kind or for amounts due under the Unemployment Insurance Code with respect to such work or labor, or fail to pay for any amounts required to be deducted, withheld and paid over to the Employment Development Department from the wages of employees of the Principal or any subcontracts of the Principal pursuant to Section 13020 of the Unemployment Insurance code with respect to such work or labor, then said Surety will pay the same in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond a reasonable attorney's fee in such suit, which fee shall be fixed by the Court.

AS FURTHER TERMS OF THIS BOND, IT IS UNDERSTOOD AS FOLLOWS:


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1. This bond and all its provisions shall inure to the benefit of and all persons named in Section 3181 of the Civil Code so as to give a right of action to such persons or their assigns in any suit brought upon this bond.

2. This bond is given to comply with the provisions of Chapter 7, Part 4, Division 3, of the Civil Code. The liability of the Principal and Surety hereunder is governed by the provisions of said Chapter, all acts amendatory thereof, and all other statutes referred to therein.

And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of this contract or to the work or to the specifications.

IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their seals this day of , 20____, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.



Title:

Address:

It has been confirmed that the Surety is admitted by the Department of Insurance to transact business in the State of California and has a Best's rating of at least A+.




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604. DEFECTIVE MATERIAL and WORKMANSHIP BOND [to be printed on Surety letterhead]


KNOW ALL PERSONS BY THESE PRESENTS, that the CITY OF LARKSPUR ("City") a municipal corporation located in the County of Marin, State of California, has awarded a contract to and has entered into an agreement with , hereinafter designated as "Principal" whereby Principal agrees to complete the improvements more particularly described in all documents forming the complete contract entitled “BON AIR ROAD BRIDGE REPLACEMENT, FEDERAL-AID PROJECT NO. BHLS 5166(015)”, which said agreement is hereby referred to and made a part hereof; and

WHEREAS, said Principal is required to furnish a bond in connection and with said contract, to protect the City against the results of defective materials or workmanship for a period of one (1) year after completion and acceptance.

NOW, THEREFORE, we the Principal and _________________________________, as surety, are held and firmly bound unto the CITY OF LARKSPUR in the sum of $_________________, lawful money of the United States, being not less than ten (10%) percent of the estimated contract cost of the work, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these present.

THE CONDITION OF THIS OBLIGATION IS SUCH that if said work is found to contain defects in material or workmanship within a period of one (1) year from the date of completion and acceptance and the Principal, his/her/its heirs, executors, administrators, successors or assigns, shall fail to correct such defects, then said Surety will pay the cost for correction of any defects in material or workmanship which appear within said 1 year in or to an amount not exceeding the amount hereinabove set forth, and also will pay in case suit is brought upon this bond a reasonable attorney's fee in such suit, which fee shall be fixed by the Court.

If any action shall be brought by the City upon the bond, a reasonable attorney’s fee, to be fixed by the Court, shall be and become a part of the City’s Judgment in any action.

And the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligations on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of this contract or to the work or to the specifications.

IN WITNESS WHEREOF, the above bounden parties have executed this instrument under their seals this _______ day of ________________, 20__, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.


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Title:

Address:




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605. GUARANTEE [to be printed On Contractor’s letterhead]


Project Description: The Contractor is responsible for the work included in these project documents including drawings and specifications. As part of the work, Contractor is responsible for coordinating certain of the described work as shown on the drawings and as further described below:

Replace Bon Air Road Bridge, an existing ten-span concrete slab on steel girders bridge on pile column extensions at the piers and piles supporting the abutments. The new bridge will be a wider five span precast prestressed concrete box girder bridge on concrete cast-in-drilled hole piles and will include 10 foot sidewalks. The project will also include roadway improvements up to the new bridge.

Date of Acceptance: ___________________

We hereby guarantee that the work we have installed for the City has been done in accordance with the approved Plans and Specifications as well as all applicable State and local regulations and that the work as installed will fulfill the requirements of the guarantee. We agree to repair or replace any or all of our work, together with any other adjacent damages resulting from our work, that may prove to be defective in its workmanship or material within a period of one (1) year from the date of acceptance of the above-named work by City without any expense whatsoever to the City, ordinary wear and tear and unusual abuse or neglect excepted.

Within fifteen (15) days after being notified in writing by City of any defects in the work, we agree to commence and prosecute with due diligence all work necessary to fulfill the terms of this guarantee, and to complete the work within a reasonable period of time (not to exceed thirty (30) days after commencement of the repair work); and in the event of our failure to so comply, we collectively and separately, do hereby authorize said City to proceed to have such work done at our expense and we will honor and pay the cost and charges therefor upon demand.

Dated:____________________ Contractor:

By: ________________________________

Title: _______________________________ (To be signed and notarized before acceptance of project)


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606. ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION


This Escrow Agreement is made and entered into by and between the City of Larkspur, hereinafter called "City", whose address is 400 Magnolia Avenue, Larkspur, California, 94939 and

, hereinafter called "Contractor",

whose address is , and

, hereinafter called “Escrow Agent”

whose address is .

For consideration hereinafter set forth, the City, Contractor, and Escrow Agent agree as follows:

1. Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by City pursuant to the Construction Contract entered into between the City and Contractor for the project entitled in the amount of . dated (hereinafter referred to as the "Contract'). Alternatively, on written request of the Contractor, the City shall make payments of the retention earnings directly to the Escrow Agent. When Contractor deposits the securities as substitute for Contract earnings, the Escrow Agent shall notify the City within ten (10) days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the City and Contractor. Securities shall be held in the name of and shall designate the Contractor as the beneficial owner.

2. The City shall make progress payments to the Contractor for such funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above.

3. When the City makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until such time as the escrow created under this contract is terminated. The Contractor may direct the investments of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the City pays the escrow agent directly.


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4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the City. These expenses and payment terms shall be determined by the City, Contractor and Escrow Agent.

5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of the Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the City.

6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from City to the Escrow Agent that City consents to the withdrawal of the amount sought to be withdrawn by Contractor.

7. The City shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven (7) day's written notice to the Escrow Agent from the City of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the City.

8. Upon receipt of written notification from the City certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all monies and securities on deposit and payments of fees and charges.

9. Escrow Agent shall rely on the written notifications from the City and the Contractor pursuant to Sections (4) to (6) inclusive, of this agreement and the City and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above.

10. The names of the persons who are authorized to give written notice or to receive written notice on behalf of the City and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures, are as follows:


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CITY: CONTRACTOR: Signature Signature

Name Name

Title Title

ON BEHALF OF ESCROW AGENT: Signature

Name

Title

Address

At the time the Escrow Account is opened, the City and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. ON BEHALF OF CITY: ON BEHALF OF CONTRACTOR: Signature Signature

Name Name

Title Title

Address Address


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Section 700 –Technical Specifications Page 143

SECTION 700 - TECHNICAL SPECIFICATIONS


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SECTION 700 - TECHNICAL SPECIFICATIONS THE SPECIAL PROVISIONS FOR BON AIR ROAD BRIDGE REPLACEMENT HAVE

BEEN PREPARED BY OR UNDER THE DIRECTION OF THE FOLLOWING

REGISTERED PERSONS.

ROADWAY ______________________________ REGISTERED CIVIL ENGINEER

ELECTRICAL (S. Eliseo Dr Int. & Street Lighting) ______________________________ REGISTERED CIVIL ENGINEER

STRUCTURES ______________________________ REGISTERED CIVIL ENGINEER

LANDSCAPING ______________________________ LICENSED LANDSCAPE ARCHITECT

DRAINAGE ______________________________ REGISTERED CIVIL ENGINEER

WATER ______________________________ REGISTERED CIVIL ENGINEER


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ROADWAY AND ELECTRICAL (MAGNOLIA AVE. & RRFB) ______________________________ REGISTERED CIVIL ENGINEER

ELECTRICAL ______________________________ REGISTERED CIVIL ENGINEER


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Table of Contents for Technical Specifications

Section Description Page No.

DIVISION I GENERAL PROVISIONS ........................................................................ 149

1 GENERAL ............................................................................................................... 149

2 BIDDING ................................................................................................................. 149

4 SCOPE OF WORK .................................................................................................. 150

5 CONTROL OF WORK ............................................................................................. 151

6 CONTROL OF MATERIALS ................................................................................... 152

7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC ............................ 153

8 PROSECUTION AND PROGRESS ........................................................................ 153

9 PAYMENT ............................................................................................................... 153

DIVISION II GENERAL CONSTRUCTION ................................................................ 155

10 GENERAL ............................................................................................................. 155

12 TEMPORARY TRAFFIC CONTROL ..................................................................... 155

13 WATER POLLUTION CONTROL.......................................................................... 157

14 ENVIRONMENTAL STEWARDSHIP .................................................................... 159

15 EXISTING FACILITIES ......................................................................................... 172

DIVISION III EARTHWORK AND LANDSCAPE ....................................................... 173

17 GENERAL ............................................................................................................. 173

19 EARTHWORK ....................................................................................................... 173

20 LANDSCAPE ........................................................................................................ 175

21 EROSION CONTROL ........................................................................................... 177

DIVISION V SURFACINGS AND PAVEMENTS ....................................................... 180

37 BITUMINOUS SEALS ........................................................................................... 180

39 ASPHALT CONCRETE ......................................................................................... 180

DIVISION VI STRUCTURES ...................................................................................... 182

48 TEMPORARY STRUCTURES .............................................................................. 182

49 PILING .................................................................................................................. 184

50 PRESTRESSING CONCRETE ............................................................................. 189

51 CONCRETE STRUCTURES ................................................................................. 189


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52 REINFORCEMENT ............................................................................................... 190

59 STRUCTURAL STEEL COATINGS ...................................................................... 191

60 EXISTING STRUCTURES .................................................................................... 191

DIVISION VII DRAINAGE FACILITIES ...................................................................... 192

64 PLASTIC PIPE ...................................................................................................... 192

65 CONCRETE PIPE ................................................................................................. 192

70 MISCELLANEOUS DRAINAGE FACILITIES ........................................................ 192

DIVISION VIII MISCELLANEOUS CONSTRUCTION ............................................... 194

73 CONCRETE CURBS AND SIDEWALKS .............................................................. 194

74 PUMPING EQUIPMENT AND CONTROLS .......................................................... 195

75 MISCELLANEOUS METAL ................................................................................... 210

78 INCIDENTAL CONSTRUCTION ........................................................................... 210

80 FENCES ................................................................................................................ 216

DIVISION IX TRAFFIC CONTROL DEVICES ........................................................... 218

82 SIGNS AND MARKERS ........................................................................................ 218

83 RAILINGS AND BARRIERS .................................................................................. 218

DIVISION XI MATERIALS ......................................................................................... 236

90 CONCRETE .......................................................................................................... 236


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DIVISION I GENERAL PROVISIONS 1 GENERAL

Delete the 8th paragraph of section 1-1.01. Delete item 2.1 in the definition of day in section 1-1.07B.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 2 BIDDING

Add between the 1st and 2nd paragraphs of section 2-1.06B: The Department makes the following supplemental project information available:

Supplemental Project Information Means Description

Included in the Information Handout San Francisco Regional Water Quality Control Board Section 401 permit (CIWQS Place ID 798702)

U.S. Army Corps of Engineers Section 404 permit (2013-00039N)

California Department of Fish and Wildlife Streambed Alteration Agreement (Notification No. 1600-2012-0367-R3)

National Oceanic and Atmospheric Administration Biological Opinion dated March 30, 2012

San Francisco Bay Conservation and Development Commission Permit No. 2013.010.00

U.S. Department of the Interior Fish and Wildlife Service Biological Opinion (81420-2010-F-0216-1) and (81420-2010-F-216-R001)

United States Coast Guard Letter dated December 28, 2005

Mitigation & Monitoring Plan Dated November 13/Environmental Commitment Record

State Lands Lease No. PC 1977.1 ADL concentration data and sample locations

map Final Foundation Report Bon Air Road Bridge

Replacement Project dated May 2014 Bridge Design Hydraulic Study Report dated

January 2014 Permit to Enter and Construct APN 020-122-

6,7 (Bon Air Associates, 2 & 18 Bon Air Rd) Permit to Enter and Construct APN 020-113-37

(1 Harvard Drive) Permit to Enter and Construct (5 Harvard Drive) Bon Air Bridge Widening as-builts Draft project plans for offsite along Magnolia Marin County Temporary and Permanent

Easements AT&T as-builts


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Available as specified in the Standard Specifications

Revise Standard Specifications (RSS): http://www.dot.ca.gov/hq/esc/oe/construction_standards Marin County Standard Plans: http://www.marincounty.org/depts/pw/divisions/land-use/ucs Marin Municipal Water District (MMWD) Standard Details: http://marinwater.org/DocumentCenter/View/43 http://www.marincounty.org/~/media/files/departments/pk/integrated-pest-mgmt/61813-bos-approved-ipm-policy.pdf City of Larkspur and County of Marin pest and weed integrated pest management standards: http://www.marincounty.org/~/media/files/departments/pk/integrated-pest-mgmt/61813-bos-approved-ipm-policy.pdf

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 4 SCOPE OF WORK

Replace section 4-1.03 with: Construct the work described on the Notice to Bidders and as described in the Contract and the following items of work:

Construction Management Plan (CMP) consists of preparing and implementing the construction site management plan, including construction vehicle traffic routes, material storage areas, site accommodations, employee parking areas, and site safety provisions.

Stage Construction/Traffic Handling work consist of, but is not limited to, developing and providing stage construction plans and traffic control plans, providing traffic control, including detours, flaggers and providing, placing, relocating, maintain and removing all temporary traffic control devices, including but not limited to temporary k-rail, crash cushions, portable changeable message signs, arrow boards, construction area signs, channelizers, temporary delineators, temporary pavement markings, temporary signals, and temporary lighting for all stages of construction.

Water Pollution Control work consists of, but not limited to, doing all the work involved in developing and implementing a SWPPP and job site management, required to be in conformance with the permit, license, agreement and certification (PLACs), including providing a water pollution control (WPC) manager, conducting water pollution control training, providing job site management, installing, maintaining and removing all temporary water pollution and erosion control measures, including but not limited to temporary erosion control blankets, temporary drainage inlet protection, reinforced silt fence, temporary construction entrance, temporary concrete washout and temporary

http://www.dot.ca.gov/hq/esc/oe/construction_standards.html

http://www.dot.ca.gov/hq/esc/oe/construction_standards.html

http://www.marincounty.org/depts/pw/divisions/land-use/ucs

http://www.marincounty.org/depts/pw/divisions/land-use/ucs

http://marinwater.org/DocumentCenter/View/43

http://www.marincounty.org/~/media/files/departments/pk/integrated-pest-mgmt/61813-bos-approved-ipm-policy.pdf




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turbidity control. This work also includes preparing and executing Rain Event Action Plans, Storm Water Sampling and Analysis Day, and Storm Water Annual Reports.

Environmental Stewardship work consists of, but is not limited to, doing all the work involved in complying with the permit, license, agreements and certification (PLACs), preparing the Natural Resource Protection Plan, providing and installing, maintaining and removing temporary type ESA and exclusion fencing, preparing the Asbestos Compliance and Inspection Plans, and inspection, preparing and executing the Lead Compliance plan, and sampling, testing, reporting and removal of asbestos and lead containing materials. Disposal of lead contaminated soils within the structural excavation limits is not included in this work.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 5 CONTROL OF WORK

Add to the end of section 5-1.20A: During the progress of the work under this Contract, work under the following contracts may be in progress at or near the job site of this Contract:

Location Type of work Magnolia Avenue/ Marin County

Intersection of Bon Air Road and Magnolia Avenue

Storm water/ restoration, widening of Magnolia Avenue median

AT&T Bon Air Rd/S. Eliseo Rd “M” line

Fiber Optics splicing

Marin General Hospital Bon Air Road north of Bayview Road

structure

Sir Francis Drake Boulevard SFD from Ross town limits to US 101

Water main replacement, bicycle and pedestrian improvements and repaving

Bicycle Route 20 and Marin County's Flood Control District maintenance road (“M” line) must remain open at all times during construction activities.

Delete section 5-1.26. Add to section 5-1.32:

The staging area shown is for your field office and employee parking only; storage of materials and equipment is not allowed.

Add between the 2nd and 3rd paragraphs of the RSS for section 5-1.36C(3):


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Installation of the utilities shown in plans requires coordination with your activities. Make the necessary arrangements with the utility company through the Engineer and submit a schedule verified by a representative of the utility company

Utility Utility address

Comcast

CableCom (Comcast Contractor) Juan Harris, Construction Manager phone: (707) 759-4070 x 268, (707) 208-1320 email: [email protected]

Will Crawford phone: (650) 776-3801 email: [email protected]

AT&T

Casey Hailey phone:(707) 575-2198 email: [email protected] Mike McAffee phone: (415) 233-1474 email: [email protected]

PG&E Dave Brown phone: (415) 257-3285 email: [email protected]

MMWD Jeff Ohmart phone (415) 945-1574 email: [email protected]

Delete section 5-1.43E.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 6 CONTROL OF MATERIALS

Add to the beginning of section 6-1.02: You will be furnished with the following:

mailto:[email protected]







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Materials Contact Notification required Pick-up/delivery

8” Waterline (20 feet) 12” Waterline (500 feet) 12” Fabricated ELL (5 each) 12” Butterfly Valve(1 each) 12” x 8” Reducing Tee(1 each)

MMWD Jeff Ohmart phone (415) 945-1574 email: [email protected]

30 calendar days

Pelican Way, San Rafael, CA 94901

Expansion Couplers (4 each) Type 3 boxes (2 each)

PG&E Dave Brown phone: (415) 257-3285 email: [email protected]

30 calendar days

1220 Anderson Drive, San Rafael, CA 94901

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 7 LEGAL RELATIONS AND RESPONSIBILITY TO THE PUBLIC

Add to section 7-1.03: 7-1.03A Construction Management Plan Submit a Construction Management Plan to designate your haul routes, material storage areas, site accommodations, equipment positioning during construction, employee parking areas, site safety provisions and describe construction methods and equipment list.

Obtain approval for any proposed modifications of the plan before implementation. Revisions and resubmittal are included in the lump sum payment made for the plan.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 8 PROSECUTION AND PROGRESS Add to the end of section 8-1.10C:

Liquidated damages for not completing the construction of the north side of Bon Air Road Bridge and opening for traffic by December 31, 2019 are $8,300.00 per day.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 9 PAYMENT

Add to section 9-1.06A: Section 9-1.06 does not apply to Cast-In-Drilled-Hole piling.

Add to the end of section 9-1.16C: The following items are eligible for progress payment even if they are not incorporated into the work:

1. Steel Casing 2. Bar Reinforcing Steel 3. Miscellaneous Metal (Bridge) – Water Line Support (Galvanized) 4. Railing 5. Electrical Fixtures and Equipment




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^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^


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DIVISION II GENERAL CONSTRUCTION 10 GENERAL

Add to section 10-1.02: Notify Mr. Carl Hausner of the Coast Guard at 510-437-3516 prior to beginning work over or in Corte Madera Creek and on completion of work over or in Corte Madera Creek

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 12 TEMPORARY TRAFFIC CONTROL

Replace section 12-1.01 with: 12-1.01 GENERAL 12-1.01A Summary Section 12-1 includes general specifications for preparing stage construction/traffic handling plan, flagging, placing and installing temporary traffic-handling equipment and devices, maintaining traffic, placing and installing temporary traffic control systems, and placing temporary pavement delineation.

12-1.01B Submittals 12-1.01B(1) Stage Construction/Traffic Handling Plan Within 21 days after Contract approval submit a detailed stage construction/traffic handling plans showing the sequence of construction and traffic handling, for both pedestrian and vehicles, for each stage of the project, including, detours, bridge closures, lane closures, signal and lighting, street lighting, and schedule of values for the traffic handling, for each stage of construction.

Stage construction/traffic handling plan must show locations and placement of traffic control equipment and devices, and provisions for vehicular, pedestrian and bicycle traffic. Pedestrian accommodations must comply with ADA requirements.

The stage construction/traffic handling plan must comply with the requirements of the PLAC and section 14-6.03D(2).

Each drawing sheet must:

1. Be 11 by 17 inches 2. Be on minimum of 20 lb paper 3. Have text of minimum nominal height of 5/32 inch 4. Be signed and stamped by an engineer who is registered in as traffic engineer or a

civil engineer in the State.

Submit 6 copies of the stage construction/traffic handling plans to the Engineer for review.

Allow 15 days for the Engineer's review of the stage construction/traffic handling plans.


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Obtain approval for any proposed modifications of the plan before implementation. Revisions and resubmittal are included in the lump sum payment for the plan.

12-1.01B(2) Schedule of Values Provide a schedule of values for Traffic Handling.

Divide the schedule of values into sections representing the total lump sum cost to complete the traffic handling for each stage or phase of work.

Identify and include the lump sum costs for each of the items below when they are included in a stage or phase of work under the section for that stage or phase of work:

1. Stage construction/traffic handling plan 2. Stationary Construction Area Signs

Add to section 12-4.01C: Bicycle Route 20 and Marin County's Flood Control District maintenance road (“M” line) must remain open at all times during construction activities.

Bicycle and pedestrian access must be maintained along Bon Air Road during construction, except during the allowable closure of Bon Air Road Bridge.

Access to businesses and residential property must be maintained at all time.

Limit vehicle speed on unpaved roads to 15 miles per hour (mph).

Add to section 12-4.02A(3)(b): Bon Air Road Bridge may be closed for two one-week closures for the placement of the box girders and one weekend closure for placing closure pour and bridge expansion joints. A weekend is considered from 10:00 p.m. Friday to 5:00 a.m. Monday.

Replace Reserved in section 12-4.02C(3)(d) with: You may close Bon Air road lanes using a one-way-reversing traffic-control, traffic may be stopped in 1 direction for periods not to exceed 5 minutes, unless authorized by Engineer. After each stoppage, all accumulated traffic for that direction must pass through the work zone before another stoppage is made. One-way reversing traffic-control lanes are allowed only during the times shown on the following chart:


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Bon Air Road One-Way Reversing Traffic Control Closure Hours From hour to hour 24 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24

Mondays through Thursdays 1 1 1 1 1 1 1 Fridays 1 1 1 1 1 1 1

Saturdays 1 1 1 1 1 1 1 Sundays

Legend:

1 1-way reversing traffic control allowed No lane closures allowed

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

13 WATER POLLUTION CONTROL Add to the end of section 13-3.01A:

This project's risk level is 2.

Replace item 2.4 in the 2nd paragraph of section 13-3.01C(2)(a) with: 2.4. Locations and types of temporary WPC practices that will be used in the work

for each construction phase. Temporary WPC measures must include:

2.4.1. Rolled erosion control product (blanket) 2.4.2. Turbidity curtain 2.4.3 Drainage inlet protection 2.4.4 Reinforced silt fence 2.4.5 Construction entrance traction control 2.4.6 Concrete washout

Add between the 4th and 5th paragraphs of section 13-3.01C(2)(a): The San Francisco Bay RWQCB will review the authorized SWPPP:

Replace the paragraphs in section 13-3.01D(2) with: Discharges of stormwater from the job site must comply with the permit issued by the San Francisco Bay RWQCB for National Pollutant Discharge Elimination System (NPDES) Permit II, Permit No. CAS000004. The San Francisco Bay RWQCB permit governs stormwater and nonstormwater discharges resulting from construction activities at the job site. The San Francisco Bay RWQCB permit may be viewed at http://www.swrcb.ca.gov/water_issues/programs/stormwater/phase_ii_municipal.shtml.

Replace section 13-3.04 with: Not Used.

Add to section 13-4.03(E)(1): Maintain a record during construction activities of all debris that enters Corte Madera creek as a result of construction activities. The record must include the type of debris,


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date and time it entered the water, location and date and time it was removed from the water if it was removed.

Monitor the weather forecast and notify the Engineer 48 hours in advance of a forecasted 50 year rain event.

Add after the 1st paragraph of section 13-4.03(E)(4): Comply with the conditions of the State Lands Lease and the Natural Resource Plan, including restrictions on maintenance and fueling of vehicles and equipment on or over State land.

Replace section 13-4.04 with: Job Site Management is included in payment for Water Pollution Control.



Replace section 13-7.03D with: Not Used.

Add section 13-11: 13-11 TURBIDITY CONTROL

13-11.01 GENERAL 13-11.01A Summary Section 13-11 includes specifications for implementing, maintaining and removing turbidly control measures to limit transportation of disturbed sediment in the Corte Madera Creek.

Turbidity is defined as the condition that prevails when sediment and debris are suspended in water, resulting in diminished water clarity.

Turbidity control work must comply with the approved natural resource protection plan of section 14-6.03D(2)

13-11.01B Submittals Submit a Turbidity Control Plan for all work that has the potential to cause turbidity. No work that may cause turbidity in Corte Madera Creek may be performed until the Turbidity Control Plan has been reviewed and approved. Allow 2 weeks for the Engineer to review and approve the plan. If revisions are required, as determined by the Engineer, you must revise and resubmit the plan within 2 weeks of receipt of the Engineer’s comments and allow 1 week for the Engineer to review and approve the revisions.


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The Turbidity Control Plan must describe equipment used to do work that has the potential to cause turbidity, operation schedule, deployment of turbidity control measures, including any manufacture data, and containment contingency. Final approval of the plan will be subject to field testing.

13-11.02 Materials Not Used

13-11.03 Construction Construct/Install turbidity control measures according to the approved Turbidity Control Plan.

Install turbidity control measures according to manufacturer’s instructions.

Cofferdams must comply with section 19-3.

If a deficiency is identified in any aspect of the implementation of the approved Turbidity Control Plan or amendments, the deficiency shall be corrected immediately.

All removed control measures shall be disposed of.

13-11.04 Payment Payment for Turbidity Control is included in the payment for Water Pollution Control.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 14 ENVIRONMENTAL STEWARDSHIP

Replace section 14-1.01 with: 14-1.01A General Section 14 includes specifications relating to environmental compliance and environmental resource management.

14-1.01B Schedule of Values Provide a schedule of values for Environmental Stewardship.

Divide the schedule of values into sections representing the total lump sum cost to complete the environmental stewardship for each stage or phase of work.

Identify and include the lump sum costs for each of the items below when they are included in a stage or phase of work under the section for that stage or phase of work:

1. Lead Compliance Plan 2. Asbestos Compliance Plan 3. Natural Resource Protection Plan

14-1.01C Preconstruction and Post Construction Underwater Survey Perform a preconstruction and post construction underwater survey to provide a graphic record including videograph with voice overlay and photographs confirming site cleanup and restorations.


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Add to the end of section 14-1.02: An ESA exists on this project.

Before starting job site activities, install temporary high-visibility fence to protect the ESA and mark its boundaries.

Add to the 1st paragraph of section 14-6.03A: This project is within or near habitat for the regulated species shown in the following table:

Regulated Species Western Pond Turtle Northern Harrier White-Tailed Kite California clapper rail and California black rail Short‐eared owl San Francisco common yellowthroat Samuels (San Pablo) Song Sparrow Western Red Bat and Pallid Bat Salt Marsh Harvest Mouse Central California Coast Steelhead Central California Coast Coho Salmon North American Green Sturgeon

This project includes the sensitive habitats shown in the following table:

Sensitive Habitats Riverine Wetland Saline Emergent Wetland

Add to section 14-6.03A: Use the protocols required by PLACs.

Comply with the approved natural resource protection plan of section 14-6.03D(2).

Work in the creek must be performed from temporary trestles; equipment is not allowed in Corte Madera Creek.

Upon discovery of a regulated species, stop construction activities within the radius of the discovery specified in the approved natural resource protection plan. Immediately notify the Engineer. Do not resume activities until receiving notification from the Engineer.


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Replace the 1st paragraph in section 14-6.03D(2) with: Review all environmental laws, regulations, and PLAC requirements for this project and prepare a natural resource protection plan. The plan must describe your measures for protecting biological resources and complying with environmental laws, regulations, and PLACs.

Add between the 2nd and 3rd paragraph of section 14-6.03D(2): The natural resource protection plan must comply with section 14-6.03

Replace the 3rd paragraph in section 14-6.03D(2) with: Submit your plan within 7 working days after Contract approval. Allow 15 working days for the Engineer's review. If the submittal is incomplete, the Engineer will provide comments. Within 7 working days after receiving the Engineer's comments, update and resubmit the natural resource protection plan.

Delete items 2, 6, 10 and 12 from the list in the 4th paragraph in section 14-6.03D(2) with:

Add to section 14-6.03D: Payment for the Natural Resource Protection Plan is included in the payment for Environmental Stewardship.

Replace section 14-6.05 with: 14-6.05 ENVIRONMENTAL AWARENESS TRAINING 14-6.05A General 14-6.05A(1) Summary Section 14-6.05 includes specifications for attending an Environmental Awareness Training on the need to avoid impacts on sensitive environmental resources.

A City-supplied biologist will prepare and present training to construction personnel as required in PLACs.

Workers must receive Environmental Awareness Training before performing on-site work. Workers include laborers, tradesmen, material suppliers, equipment maintenance personnel, supervisors, foremen, office personnel, food vendors, and other personnel who stay on the project longer than 30 minutes.

14-6.05A(2) Submittals Provide the Engineer with an attendance list including the printed and signed name of each attendee of the Environmental Awareness Training. Provide the Engineer with the attendance list within 2 working days following each environmental education session. Submit a separate attendance list for each subsequent session for new workers.

14-6.05B Materials Not Used


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14-6.05C Construction Not Used

14-6.05D Payment Payment for the Environmental Awareness Training is included in the payment for Environmental Stewardship.

Add to section 14-8.02. All powered construction equipment must be equipped with intake and exhaust mufflers recommended by the manufacturers.

Pavement breakers, pile drives, and jackhammers shall be equipped with acoustical attenuating shields or shrouds recommended by the manufacturers.

Construction equipment must have sound-control devices no less effective than those provided on the original equipment. Equipment with un-muffled exhaust are not allowed on the project.

Comply with the City noise ordinance for operation of construction equipment during the Bon Air Road closures.

Replace section 14-11.08 with: 14-11.08 MATERIAL CONTAINING CONCENTRATIONS OF AERIALLY DEPOSITED LEAD 14-11.08A General 14-11.08A(1) Summary Section 14-11.08 includes specifications for excavating, stockpiling, transporting, placing, and disposing of material containing aerially deposited lead (ADL), including hazardous waste management of hazardous waste concentrations of ADL.

Lead is present in hazardous waste levels in soil samples taken from the south side of Bon Air Road near Abutment 1. Lead is present but not at hazardous waste levels in soil samples taken from the north side of Bon Air Road near Abutment 1. The exact limit of the hazardous waste levels of lead is not known. Structure excavations at Abutment 1 and retaining walls RW1 and RW3 and the drilling spoils from the top 5 feet of Abutment 1 piles and Bent 2 columns/piles are considered to contain hazardous waste levels of lead.

Soil sampling and analysis of the excavated materials or drilling spoils may be performed to determine if the soil does not contain hazardous levels of lead and may be reused or disposed of in Class III or Class II landfill appropriately permitted to receive the material. Soil sampling and analysis must meet the requirements for the design and development of the sampling plan, statistical analysis, and reporting of test results contained in US EPA, SW 846, "Test Methods for Evaluating Solid Waste," Volume II: Field Manual Physical/Chemical, Chapter Nine, Section 9.1.


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Lead has been detected in material at Abutment 6 . Levels of lead found around Abutment 6 range from less than 9.1 to 43 mg/kg total lead with an average concentration of 24.4 mg/kg total lead as analyzed by EPA test method 6010 or EPA test method 7000 series and based upon a 95 percent upper confidence limit. Levels of lead found around Abutment 6 have a predicted average soluble concentration of less than 5.0 mg/L as analyzed by the California Waste Extraction Test and based upon a 95 percent upper confidence limit.

14-11.08A(2) Definitions Type Z-3: Material that contains ADL in average concentrations (using the 95 percent

Upper Confidence Limit) greater than 5.0 mg/L soluble lead, (as tested using the Toxicity Characteristic Leaching Procedure). This material is a Department-generated federal hazardous waste and must be transported to and disposed of at a California Class I disposal site.

Type DH: Material that contains ADL in average concentrations (using the 95 percent Upper Confidence Limit) greater than 5.0 mg/L soluble lead, (as tested using the Toxicity Characteristic Leaching Procedure). This material is a Department-generated federal hazardous waste and must be transported to and disposed of at a California Class I disposal site. Surface or ground water is expected during structure excavation, seal coarse is not required.

Type D: The average lead concentrations are below 1,000 mg/kg total lead and below 5 mg/L soluble lead. The material on the job site is not a hazardous waste and does not require disposal at a permitted landfill or solid waste disposal facility. Surface or ground water is expected during structure excavation, seal coarse is not required.

14-11.08A(3) Site Conditions ADL concentration data and sample locations map are included in the Information Handout.

Manage the material as shown in the following table:


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Earth Material Management Location Excavation Management requirements

Abutment 1 Type DH Ground water is expected to be encountered. Soil is assumed to contain lead in hazardous waste levels. Dispose of soils in accordance with 14-11.08C(6)(a).

Abutment 1 CIDH piles

— Soil is assumed to contain lead in hazardous waste levels to a drilling depth of 5 feet. Dispose of top 5 feet of soil in accordance with 14-11.08C(6)(a).

Bent 2 Columns/Piles

— Soil is assumed to contain lead in hazardous waste levels to a drilling depth of 5 feet. Dispose of top 5 feet of soil in accordance with 14-11.08C(6)(a).

Retaining Wall 1 Type Z-3 Soil is assumed to contain lead in hazardous waste levels. Dispose of soils in accordance with 14-11.08C(6)(a).

Retaining Wall 3 Type DH Ground water is expected to be encountered. Soil is assumed to contain lead in hazardous waste levels. Dispose of soils in accordance with 14-11.08C(6)(a).

Abutment 6 Type D Ground water is expected to be encountered. Soil contains non-hazardous lead levels. Dispose of soils in accordance with 14-11.08C(6)(b).

Retaining Wall 2 Type D Ground water is expected to be encountered. Soil contains non-hazardous lead levels. Dispose of soils in accordance with 14-11.08C(6)(b).

14-11.08A(4) Submittals 14-11.08A(4)(a) Lead Compliance Plan Submit a lead compliance plan under section 7-1.02K(6)(j)(ii).

14-11.08A(4)(b) Excavation and Transportation Plan Within 15 days after approval of the Contract, submit 3 copies of an excavation and transportation plan for Type Z-3 and Type DH excavations. Allow 15 days for review. If revisions are required, as determined by the Engineer, submit the revised plan within 7 days of receipt of the Engineer's comments. For the revision, allow 7 days for the review. Minor changes to or clarifications of the initial submittal may be made and attached as amendments to the excavation and transportation plan. In order to allow construction to proceed, the Engineer may conditionally approve the plan while minor revisions or amendments are being completed.

Prepare the written, project specific excavation and transportation plan establishing the procedures you will use to comply with requirements for excavating, stockpiling, transporting, and placing or disposing of material containing ADL. The plan must comply with the regulations of the DTSC and Cal/OSHA. The sampling and analysis portions of the excavation and transportation plan must meet the requirements for the design and development of the sampling plan, statistical analysis, and reporting of test results contained in US EPA, SW 846, "Test Methods for Evaluating Solid Waste," Volume II: Field Manual Physical/Chemical, Chapter Nine, Section 9.1. The plan must include the following elements:


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1. Excavation schedule by location and date 2. Sampling and analysis plan for post excavation, if proposing to reuse on project site

or dispose of in Class III or Class II landfill appropriately permitted to receive the material.

3. Dust control measures 4. Transportation equipment and routes 5. Method for preventing spills and tracking material onto public roads 6. Truck waiting and staging areas 7. Site for disposal of hazardous waste 8. Spill Contingency Plan for material containing ADL

14-11.08A(4)(c) Burial Location Report Not Used

14-11.08A(4)(d) Bill of Lading Not Used

14-11.08A(5) Quality Control and Assurance Excavation, reuse, and disposal of material with ADL must comply with rules and regulations of the following agencies:

1. US DOT 2. US EPA 3. California Environmental Protection Agency 4. CDPH 5. DTSC 6. Cal/OSHA 7. California Department of Resources Recycling and Recovery 8. California Air Resources Board 9. Bay Area Air Quality Management District 10. CA Department of Toxic Substances Control

Transport and dispose of material containing hazardous levels of lead under federal and state laws and regulations and county and municipal ordinances and regulations. Laws and regulations that govern this work include:

1. Health & Safety Code, Division 20, Chp 6.5 (California Hazardous Waste Control Act)

2. 22 CA Code of Regs, Div. 4.5 (Environmental Health Standards for the Management of Hazardous Waste)

3. 8 CA Code of Regs


14-11.08C Construction 14-11.08C(1) General Not Used


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14-11.08C(2) Material Management Transport excavated Type Z-3 material using:

1. Hazardous waste manifest 2. Hazardous waste transporter with a current DTSC registration certificate and CHP

BIT Program compliance documentation

14-11.08C(3) Dust Control Excavation, transportation, placement, and handling of material containing ADL must result in no visible dust migration. A water truck or tank must be on the job site at all times while clearing and grubbing or performing earthwork operations in work areas containing ADL. Apply water to prevent visible dust.

14-11.08C(4) Surveying Type Y-1 or Y-2 Material Burial Locations Not Used

14-11.08C(5) Material Transportation Before traveling on public roads, remove loose and extraneous material from surfaces outside the cargo areas of the transporting vehicles and cover the cargo with tarpaulins or other cover, as outlined in the approved excavation and transportation plan. You are responsible for costs due to spillage of material containing lead during transport.

14-11.08C(6) Disposal 14-11.08C(6)(a) Disposal Containing Hazardous Levels of Lead The Engineer will obtain the State of California Board of Equalization identification no, for hazardous waste disposal. The Engineer will sign all hazardous waste manifests. Notify the Engineer 5 business days before the manifests are to be signed.

14-11.08C(6)(b) Disposal Containing Non-Hazardous Levels of Lead If the material containing non-hazardous levels of lead is disposed of:

1. Disclose the lead concentration of the material to the receiving property owner when obtaining authorization for disposal on the property

2. Obtain the receiving property owner's acknowledgment of lead concentration disclosure in the written authorization for disposal

3. You are responsible for any additional sampling and analysis required by the receiving property owner

If you choose to dispose of the material containing non-hazardous levels of lead at a commercial landfill:

1. Transport it to a Class III or Class II landfill appropriately permitted to receive the material

2. You are responsible for identifying the appropriately permitted landfill to receive the material and for all associated trucking and disposal costs, including any additional sampling and analysis required by the receiving landfill


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14-11.08D Payment The Department does not pay for stockpiling of material containing ADL, unless the stockpiling is ordered. The Department does not pay for sampling and analysis unless it is ordered. The Department does not pay for additional sampling and analysis required by the receiving landfill.

Add after the 2nd paragraph of section 14-11.12A: This project includes removal of yellow painted traffic stripe that will produce hazardous waste residue.

Add after the 1st paragraph of 14-11.12E: After the Engineer accepts the analytical test results, dispose of yellow thermoplastic and yellow paint hazardous waste residue at a Class 1 disposal facility located in California 60 days after accumulating 220 lb of residue.

If less than 220 lb of hazardous waste residue and dust is generated in total, dispose of it within 60 calendar days after the start of accumulation of the residue.

Add to the 1st paragraph in section 14-11.13A: The existing paint system on Bon Air Road bridge no. 27C0162 will be disturbed as part of the work activities. The paint system contains lead-based paint.

Replace Reserved in section 14-11.13D with: 14-11.13D(1) Soil Sampling for Debris Containment Concentrations of heavy metals in the work area's soil must not increase when the existing paint system is disturbed. Any visible increase in the concentrations of heavy metals must be removed.

Add to the end of the 1st paragraph of section 14-11.13F: This waste characterization testing must include:

1. Total lead by US EPA Method 6010B 2 Soluble lead by California Waste Extraction Test (CA WET) 3. Soluble lead by Toxicity Characteristic Leaching Procedure (TCLP)

Add to the beginning of section 14-11.13G(2): After the Engineer accepts the waste characterization test results, dispose of the debris:

1. Within 30 calendar days after accumulating 220 lb of debris 2. At a DTSC-permitted Class I facility located in California

Make all arrangements with the operator of the disposal facility.

If less than 220 lb of hazardous waste is generated in total, dispose of it within 30 days after the start of the accumulation of the debris.


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Replace section 14-11.16 with: 14-11.16 SAMPLING AND REMOVAL OF ASBESTOS-CONTAINING MATERIAL 14-11.16A General 14-11.16A(1) Summary Section 14-11.16 includes specifications for inspecting for asbestos-containing material (ACM), sample collection and analysis of suspected ACM, regulatory notifications, removal of ACM, and disposal of ACM.

14-11.16A(2) Definitions asbestos: Includes chrysotile, amosite, crocidolite, tremolite, anthophyllite, actinolite, and any of these minerals that has been chemically treated and/or altered.

asbestos-containing material (ACM): Any building material, including asbestos cement pipe, that contains commercial asbestos in an amount greater than 1% by weight, area, or count.

certified asbestos consultant: An asbestos consultant certified by the Division of Occupational Safety and Health under 8 Code of Regs § 341.15 and 1529.

certified industrial hygienist: A person certified in the practice of industrial hygiene by the American Board of Industrial Hygiene.

14-11.16A(3) Submittals 14-11.16A(3)(a) Asbestos Inspection Plan (Bridge Removal) Submit an asbestos inspection plan at least 60 calendar days before starting bridge removal that establishes the procedures to comply with requirements for asbestos inspection, including:

1. Sampling procedures 2. Analytical method for analyses 3. Sample handling and preservation

Sampling and analysis must comply with USEPA Asbestos/NESHAP Regulated Asbestos Containing Materials Guidance. The Engineer returns the plan within 15 working days of the submittal for revision if needed. Revise the plan within 5 working days and resubmit. The Engineer accepts the revised plan within 5 working days if the revisions address any deficiencies. Do not start sampling and analysis work until the plan is accepted by the Engineer.

14-11.16A(3)(b) Asbestos Sampling and Analysis Report Submit a report on the asbestos inspection within 10 working days after completion of the inspection. The report must include:

1. Sampling protocols 2. Photographs of the structures and of the locations where samples were taken 3. Chain of custody 4. Laboratory data


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Allow 7 working days for the Engineer to review and accept the report. Make any changes requested for acceptance within 7 working days. Submit 4 copies of the final report to the Engineer.

14-11.16A(3)(c) Air Quality Management District Notification of Demolition Provide a copy of the required notification form and attachments to the Engineer before submittal to the Air Quality Management District.

14-11.16A(3)(d) Asbestos Compliance Plan At least 15 working days before starting work in areas containing or suspected to contain asbestos, submit an Asbestos Compliance Plan (ACP) that specifies work practices that will be followed to prevent or minimize exposure to asbestos. Attention is directed to Title 8, California Code of Regulations, Construction Safety Orders, Section 5192 (b) and Section 1529, "Asbestos", Occupational Safety and Health Guidance Manual published by the National Institute of Occupational Safety and Health (NIOSH) and the USEPA for elements of the ACP. The ACP must be signed by a certified industrial hygienist. The ACP must include:

1. Identification of key personnel for the project 2. Job hazard analysis for work assignments 3. Summary of risk assessment 4. Personal protective equipment 5. Delineation of work zones on-site 6. Decontamination procedures 7. General safe work practices 8. Security measures 9. Emergency response plans 10. Worker training

14-11.16A(4) Quality Control and Assurance 14-11.16A(4)(a) Qualifications The person in charge of asbestos inspection and abatement planning must be a certified asbestos consultant.

The person in charge of asbestos removal must be registered under Labor Code § 6501.5 and certified under Bus & Prof Code § 7058.6.

14-11.16A(4)(b) Regulatory Notifications Notify the Bay Area Air Quality Management District (BAAQMD) under National Emission Standards for Asbestos, 40 CFR Pt 61, Subpart M, Health & Safety Code § 39658(b)(1), and the California Air Resources Board regulations - BAAQMD Reg 11. Rule 2. Submit the notification at least 10 business days before starting demolition. Notification forms may be obtained at:

http://www.baaqmd.gov/Forms.aspx

Deliver the original notification form with any necessary attachments to:


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Bay Area Air Quality Management District 939 Ellis Street San Francisco, CA 94109-7799

APCO - Jack Broadbent (415) 749-5052

Notify the APCO of changes to removal or demolition plans, including discovery of ACM during demolition or excavation, within 2 business days of the change.

Notify the Division of Occupational Safety and Health under 8 CA Code of Regs § 341.9.

14-11.16A(4)(c) Training Before starting work in areas containing or suspected to contain asbestos, personnel who have no prior training or are not current in their training status, including City personnel, must complete a safety training program that meets the requirements of 8 CA Code of Regs § 1529. Provide a written certification of completion of safety training for trained personnel before starting work in areas containing or suspected to contain asbestos.

14-11.16A(4)(d) Equipment and Medical Surveillance Provide personal protective equipment, training, and medical surveillance required by the Asbestos Compliance Plan to City personnel. The number of City personnel will be three (3).


14-11.16C Construction 14-11.16C(1) Asbestos Inspection (Bridge Removal) Collect a minimum of one sample per suspected ACM location. For pipes and other linear components of suspected ACM, collect one sample per each pipe or linear component. Sample all exposed suspected ACM on the structure. Sample suspected ACM encased in concrete when exposed during demolition. Analyze samples using analytical method 600/R-93-116 specified in 40 CFR Pt 763 Subpart F, Appendix A (Polarized Light Microscopy). Transport samples under the chain of custody to the laboratory within 24 hours of sampling. The laboratory must test the samples within 48 hours. Submit laboratory results as soon as they are available.

14-11.16C(2) Suspected ACM Discovered during Demolition or Excavation If suspected ACM is discovered during demolition or excavation, the portion of the work that involves the suspected ACM must be performed by or under the supervision of licensed and certified personnel. Qualified personnel must be on the job site during work to remove the upper deck of the bridge when a full bridge closure is in effect to


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prevent delay. Test the suspected ACM in compliance with the Asbestos Inspection Plan (Bridge Removal) before disposal.

14-11.16C(3) Removal Comply with CA 8 Code of Regs and BAAQMD Reg 11, Rule 2. Remove friable ACM using the wetting method. Remove non-friable ACM using a method that prevents breakage. ACM encased in concrete or other similar structural material does not have to be removed before demolition, but must be adequately wetted whenever exposed during demolition. Prevent visible emissions from all ACM removal activities. Asbestos removal procedures include:

1. Installing asbestos warning signs at perimeters of abatement work areas. 2. Wetting asbestos materials with sprayers. 3. Containing large volumes of asbestos materials in disposal bins for temporary

storage until removed from the site. 4. Providing manifests for waste disposal upon completion for the Engineer to sign. 5. Providing transporters registered to transport hazardous waste in the State of

California under Health and Safety Code Ch 6.5, Div 20 and 22 Code of Regs, Div 4.5.

6. Disposing of asbestos materials at a permitted disposal facility. 7. Working in accordance with federal, state, and local requirements for asbestos work.

Mark all regulated work areas with the following or equivalent warning:

DANGER

ASBESTOS

CANCER AND LUNG DISEASE HAZARD

AUTHORIZED PERSONNEL ONLY

14-11.16C(4) Packaging Comply with 22 CA Code of Regs, Division 4.5, Chapter 12, Article 3 requirements for packaging and labeling removed ACM. Place removed ACM in approved plastic containers (double ply, 0.15 mm minimum thickness, plastic bags) with caution labels affixed to bags. Caution labels must have conspicuous, legible lettering, that spells out the following or equivalent warning:

DANGER

CONTAINS ASBESTOS FIBERS

AVOID CREATING DUST

CANCER AND LUNG DISEASE HAZARD

The removed materials containing asbestos may be placed directly into a covered roll off or drop box that has the same caution label affixed on all sides.


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14-11.16C(5) Transportation All haulers of friable ACM must have current registration with the State Department of Toxic Substances Control (DTSC) for transporting hazardous waste and have a U.S. Environmental Protection Agency Identification Number (U.S. EPA I.D. Number). All vehicles used to transport hazardous waste material must carry a valid registration during transport.

14-11.16C(6) Disposal The Engineer obtains the required EPA generator identification numbers and signs the hazardous waste manifests for disposal of ACM. Request a generator identification number from the Engineer at least 5 days before the first shipment. Dispose of friable and non-friable waste containing asbestos at a disposal facility permitted to accept the waste and that meets all the requirements specified by federal, state, and local regulations. Notify the proper authorities at the disposal site in advance of delivery of ACM. Conduct additional sampling deemed necessary by the owner of the disposal facility for acceptance of the material. Provide a copy of all waste shipment records to the Engineer within 35 calendar days after shipment.

14-11.16D Payment If analytical test results demonstrate that the residue is a non-hazardous waste and the Engineer agrees, dispose of the residue at an appropriately permitted CA Class II or CA Class III facility. The City does not adjust payment for this disposal.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 15 EXISTING FACILITIES

Add to the beginning of section 15-1.03C: Salvage the following:

1. Street lighting equipment shown 2. Signal equipment shown

Add to the end of section 15-1.03C: At least 2 business days before hauling the material to the salvaged material stockpile location, notify the Engineer.

The stockpile location is:

DC Electric 8023 Gravenstein Highway South, Cotati, CA 94931

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^


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DIVISION III EARTHWORK AND LANDSCAPE 17 GENERAL

Add to section 17-2.01: Demolish and remove existing facilities or improvements remaining either wholly or partially on the job site including sheds, stables, buildings, foundations, and slabs above ground.

Remove the existing facilities shown in the following table:

Existing facility Location metal posts, including any anchor blocks, chains, and post footings

gravel maintenance road

removing fences, including the existing temporary soundwall fencing, railings and metal posts

As shown

Maintain the existing temporary soundwall fencing until approved for removal by the Engineer.

Do not sell or give away materials from improvements to the general public at the job site. You may sell materials to duly licensed contractors and material vendors provided that you remove the materials from the job site.

Removal of buildings as a unit or in sections capable of reassembly as a structure is prohibited.

Add to section 17-2.03A: Replace the 4th paragraph in section 17-2.03A with:

Clear and grub vegetation only within the excavation and embankment slope lines.

Comply with the approved natural resource protection plan of section 14-6.03D(2).

Replace section 17-2.04 with: Payment for clearing and grubbing includes removing fences, railings and metal posts.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 19 EARTHWORK

Replace “Reserved” in section 19-1.01B with: CDF or CDF Backfill: Use controlled low-strength material where CDF or CDF Backfill

is shown.

Add to section 19-2.04: Payment for roadway excavation includes removing non-hazardous traffic stripping and pavement markings not included in traffic handling, pavement markers and asphalt concrete dikes.


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Add to section 19-3.03B(4): Cofferdam installation and dewatering, if required, must comply with the approved natural resource protection plan of section 14-6.03D(2).

Only individual cofferdams around each pier for the construction of drilled shaft, column, and pier cap will be allowed in waterway. Cofferdams may not be combined. Ensure cofferdam installation will not impact the AT&T facilities.

The cofferdam must (1) be able to stand alone without additional external mechanical or gravitational stabilization devices, (2) not degrade the aquatic environment by siltation or other means or harm native wildlife, and (3) be as watertight as practicable to provide a reasonably dry working area suitable for construction activities (4) be constructed at low tide to minimize the amount of fish entrained within the cofferdam, (5) be constructed with the downstream piles installed last when the tide is ebbing.

Remove the cofferdam when it is no longer needed. Repair depressions and other ground disturbances caused by the removal of the cofferdam. Return disturbed soil to its original condition. If no suitable backfill material is available, you may use washed Class 1 permeable material, Type B, if the Engineer authorizes the substitution.

If seal courses are used, remove seal courses that are less than 4 feet below the channel bottom.

Add to section 19-3.04: Class 2 aggregate base and geotextile fabric placed below the pump station is paid for as structure backfill (pump station).

Structure excavation for footings at locations not shown as structure excavation (Type D) and where ground or surface water is encountered is paid for as structure excavation (bridge).

Pervious backfill material placed within the limits of payment for bridges is paid for as structure backfill (bridge). Pervious backfill material placed within the limits of payment for retaining walls is paid for as structure backfill (retaining wall).

Add to section 19-5.03A: Material within the limits of the drainage system 1 Sta. 3+00 to Sta 3+72 must have a relative compaction of 95 percent as specified in section 19-5.03B

Add to section 19-5.03B: Obtain a relative compaction of at least 95 percent under ASTM D698 for material placed within the limits of the levee.


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^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 20 LANDSCAPE

Replace section 20-1.02C with: Pesticides and herbicides are not allowed. Comply with City of Larkspur and County of Marin pest and weed management standards. The standards are available at: http://www.marincounty.org/~/media/files/departments/pk/integrated-pest-mgmt/61813-bos-approved-ipm-policy.pdf

Replace section 20-1.03B with: Pesticides and herbicides are not allowed. Comply with City of Larkspur and County of Marin pest and weed management standards.

Replace section 20-1.03C(3) with: Control weeds by hand pulling. Hand pull weeds before they reach the seed stage of growth or exceed 4 inches in length, whichever occurs first.

Replace section 20-2.01A(4)(c) with: 20-2.01A(4)(c) Bubblers and Emitter Coverage Check After installation of the bubblers and emitters, check and adjust the entire system for proper location and coverage.

Delete section 20-2.01B(2): Delete section 20-2.01C(6): Delete section 20-2.06B(3): Delete section 20-2.11B(5): Delete section 20-2.10C(4):

Delete section 20-2.13: Delete section 20-3.01B(2)(b)(ii): Delete section 20-3.01B(2)(b)(iii): Delete section 20-3.01B(2)(b)(iv): Replace section 20-3.01B(3) with:

20-3.01B(3) Composted Soil Amendment Composted soil amendments shall meet the following requirements,

1. Particle size Distribution: 13mm minus. 2. Feedstock: Make from recycled yard trimmings and pre-consumer vegetable and

fruit trimmings from a regional produce market. 3. Organic Matter: 50%-57% 4. Carbon to Nitrogen Ratio: 23:1-32:1 5. pH: 7.2-8.2 6. Nutrient Ranges per Cubic Yard:

N= 2.9 - 4.8 kg P= 0.3 - 0.6 kg




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K= 1.75 - 2.35 kg Ca= 4.75 - 6.5 kg

Add to section 20-3.01B(4): 20-3.01B(4)(e) Fertilizing and Conditioning Procedures The following rates of Soil amendments must be evenly spread over all planting areas and must be thoroughly scarified to an average depth of 6” by rototilling:

1. Pre-plant fertilizer(6-20-20) Ten (20) pound per 1000 s.f. 2. Composted Soil Amendment Four (4) c.y. Per 1,000 s.f. 3. Post-plant fertilizer (16-6-8) Eight (8) pounds per 1000 s.f.

Thoroughly mix the following and use as backfill around the sides for all trees, shrubs and groundcover (no amendment below rootball):

1. 4/5 cubic yard On-site soil from hole 2. 1/5 cubic yard Composted Soil Amendment 3. 2.0 pounds 6-20-20 fertilizer

Delete section 20-3.01B(6): Delete section 20-3.01B(7): Delete section 20-3.01B(8): Delete section 20-3.01B(9): Add to section 20-3.02C(1):

20-3.02C(1)(a) Clearing Clearing includes:

1. Removing of trash and debris 2. Removing of existing plants 3. Removing existing weeds 4. Controlling rodents and pests

Perform clearing where described.

Remove existing plants where described. Removal of existing plants includes removing their stumps and roots 2 inches or larger in diameter to a minimum depth of 12 inches below finished grade. Backfill holes resulting from stump removal to finished grade with material obtained from adjacent areas.

Weeds to be hand pulled must be pulled before they reach the seed stage of growth or exceed 4 inches in length, whichever occurs first.

20-3.02C(1)(b) After Initial Clearing After the initial clearing work is complete, additional clearing work must be performed as often as required to maintain the areas in a neat and presentable condition. Continue the work as specified under initial clearing until Contract acceptance or the start of the


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plant establishment period. This work includes killing weeds in plant basins, including basin walls by hand pulling after the plants have been planted.

Delete section 20-3.02C(3)(d): Delete section 20-3.02C(3)(e): Delete section 20-5.03A(1)(c): Delete section 20-5.03A(1)(d):

Delete section 20-5.03A(2): Delete section 20-5.03A(3)(a): Delete section 20-5.03A(3)(c):

Delete section 20-5.03C: Delete section 20-5.03D:

Replace section 20-5.03E(2)(b) with: 20-5.03E(2)(b) Wood Mulch

Landscape mulch to be ‘Walk On’, Shredded Fir or Redwood bark, (no ‘Gorilla Hair’ mulch will be accepted), 3” depth in all planting areas.

Delete section 20-5.03E(2)(c): Delete section 20-5.03E(2)(d): Delete section 20-5.03E(2)(e):

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 21 EROSION CONTROL

Add to section 21-2.01A: For rock slope protection, comply with section 72.

Add to section 21-2.02F: Seed must comply with the following:

Seed Botanical Name

(Common Name) Percent Germination

(Minimum) Pounds Pure Live Seed Per Acre

(Slope Measurement) Bromus Carinatus,

(Sonoma Costal Brome) 50 8.0

Hordeum Brachyantherum var. Californium

50 8.0

Grindelia Strictus (SF Gumplant

30 1.5

Elymus (leymus) Triticoides (White Lake Salt Type)

35 5.0

Vulpia Microstchys (Small Fescue)

60 3.0

Eschscholzia Californica Var. Maritimus

60 3.0

Frankenia Salina (Marsh Rosemary)

40 0.25


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^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^


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DIVISION V SURFACINGS AND PAVEMENTS 37 BITUMINOUS SEALS

Add to section 37-3.01B(2) of the RSS for section 37: Aggregate for slurry seal must be Type I.

Replace the 4th paragraph of section 37-3.01C(3)(a) of the RSS for section 37 with:

Use a continuous self-loading mixing machine except you may use truck mounted mixer spreaders on any of the following:

1. Radii 2. Side streets 3. Gore areas 4. Areas requiring hand work

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 39 ASPHALT CONCRETE

Replace Reserved in section 39-2.02B(3): The grade of asphalt binder for Type A HMA must be PG 64-16.

Replace section 39-3.05D with: Payment for removing base and surfacing is included in the payment for hot mix asphalt.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^


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DIVISION VI STRUCTURES 48 TEMPORARY STRUCTURES

Add section 48-7: 48-7.01 TEMPORARY TRESTLE 48-7.01A General 48-7.01A(1) Summary Section 48-7 includes specifications for constructing temporary trestles.

Temporary trestle work consists of designing, furnishing, installing and removing two temporary trestles, including installation and removal of piles and access ramps.

Work window restrictions apply.

Comply with section 14-6.03D(2).

Piles must comply with section 49-2

Structural steel must comply with section 55

Perform all work in Corte Madera Creek from the trestles, unless otherwise directed by the Engineer.

Construct two temporary trestles and access ramps along each side of proposed Bon Air Bridge. At each trestle, the deck width may not exceed 30 feet. One temporary trestle on the North (upstream) side and one on the South (downstream) side must be the only access to the work in Corte Madera Creek. The existing bridge must not be used for storage or access to the work unless approved by the Engineer in writing.

Construct the temporary trestles utilizing 12 inch to 14 inch steel “H” piles or pipe piles. The maximum number of temporary “H” piles or pipe piles allowed for the construction of proposed bridge on either side of existing Bon Air Bridge is 64.

The trestle deck must be constructed of solid timber and be secured to trestle framework.

Trestle must be treated to prevent nesting by migratory birds.

The beams that span the piles must be steel beams.

Design the temporary trestles to withstand all static and dynamic loads that may be imposed during the various stages of construction, including hydraulic loads.

Maintain the waterway conveyance area by removing any drift that accumulates on the trestle piles.

Maintain a 20 foot wide passage in deep part of creek for water craft. The opening must have a horizontal clearance of not less than 20 feet measured normal to the direction of flow and the lowest point must not be lower than the existing bridge soffit at its highest


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point. Passage must have appropriate signage. The opening and the approach channels must be marked under 14 CA Code of Regs § 7000 et seq.

Pile installation and removal must be performed only between September 1 and November 30.

Ramp access material must be clean and free of organic matter and other deleterious substances.

48-7.01A(2) Submittals Submit shop drawings with design calculations for the temporary trestle. Submit 6 copies of shop drawings and 2 copies of design calculations. Include the following:

1. Details of construction and removal activities. 2. Methods and sequences of construction and removal, including equipment. 3. Descriptions and values of all loads, including construction equipment loads. 4. Pile layout. 5. Methods for pile installation and removal. 6. Location of openings for marine traffic and signage. 7. Methods to keep pile installation noise below environmental documents and permit

levels.

Shop drawings and calculations must be signed by an engineer who is registered as a civil engineer in the State of California.

48-7.01B Materials Geotextile fabric must comply with section 96-1.02I

48-7.01C Construction The soffit of the trestle and the access road surface must be above the soffit of the existing bridge at any point and must be above the 100 year water surface elevation. The access road shall not restrict water flow in the creek at any time.

Install trestle piles using vibratory driving to a depth of approximately 70 feet below channel bottom. An impact pile driver may be used for the remaining distance.

Place geotextile fabric prior to placing the ramp access. Placing geotextile fabric must comply with section 72-1.03.

Remove temporary trestles, piles and access ramp following completion of the bridge.

48-7.01D Payment Not Used


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^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 49 PILING

Add to section 49-1.03: Pile installation must comply with the approved natural resource protection plan of section 14-6.03D(2).

CIDH pile construction must comply with section 14-11.08.

Expect difficult pile installation due to the conditions shown in the following table:

Pile location Conditions Bridge no. Support location

27C0161

Abutment 1 and 6, Bents 2-5, Retaining wall RW 2.

Soft bay mud overlying dense soils, caving soils, tidal flow fluctuation, high ground water, drilling through interbeds of weathered rock and hard rock, subsurface timber, the requirements of pile embedment into rock, manmade and concrete debris, sound control, permit requirement, hazardous materials

In locations where existing piles conflict with the construction of new piles remove the existing piles. Submit a pile removal plan for approval prior to removing any existing piles.

Replace "5 business days” in the 1st paragraph in section 49-3.02A(4)(b) with: 1 week

Replace "10 days” in the 1st paragraph in section 49-3.02A(4)(b) with: 2 week

Add to the list in the 4th paragraph in section 49-3.02A(4)(b): 9. Conformity and testing of repaired piles 10. SWPPP BMP’s

Add to section 49-3.02B(6)(c): The synthetic slurry must be one of the materials shown in the following table:


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Material Manufacturer SlurryPro CDP KB INTERNATIONAL LLC

735 BOARD ST STE 209 CHATTANOOGA TN 37402 (423) 266-6964

Super Mud PDS CO INC 105 W SHARP ST EL DORADO AR 71731 (870) 863-5707

Shore Pac GCV CETCO CONSTRUCTION DRILLING PRODUCTS 2870 FORBS AVE HOFFMAN ESTATES IL 60192 (800) 527-9948

Terragel or Novagel Polymer

GEO-TECH SERVICES LLC 220 N. ZAPATA HWY STE 11A-449A LAREDO TX 78043 (210) 259-6386

BIG FOOT MATRIX CONSTRUCTION PRODUCTS 50 S MAIN ST STE 200 NAPERVILLE IL 60540 (877) 591-3137

POLY-BORE BAROID INDUSTRIAL DRILLING PRODUCTS 3000 N SAM HOUSTON PKWY EAST HOUSTON TX 77032 (877) 379-7412

Use synthetic slurries in compliance with the manufacturer's instructions. Synthetic slurries shown in the above table may not be appropriate for a given job site.

Synthetic slurries must comply with Caltrans’ requirements for synthetic slurries to be included in the above table. The requirements are available from the Offices of Structure Design, P.O. Box 168041, MS# 9-4/11G, Sacramento, CA 95816-8041.


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SlurryPro CDP synthetic slurry must comply with the requirements shown in the following table:

SlurryPro CDP Quality characteristic Test method Requirement

Density Mud weight (density), API RP 13B-1,

section 4

During drilling (pcf)

≤ 67.0a

Before final cleaning and immediately before placing concrete (pcf)

≤ 64.0a

Viscosity Marsh funnel and cup. API RP 13B-1, section 6.2

During drilling (sec/qt) 50–120

Before final cleaning and immediately before placing concrete (sec/qt)

≤ 70

pH Glass electrode pH meter or pH paper

6.0–11.5

Sand content, percent by volume Sand, API RP 13B-1, section 9

Before final cleaning and immediately before placing concrete (%)

≤ 1.0

NOTE: Slurry temperature must be at least 40 °F when tested. aIf authorized, you may use slurry in a salt water environment. The allowable density of slurry in a salt water environment may be increased by 2 pcf.

Super Mud synthetic slurry must comply with the requirements shown in the following table:

Super Mud Quality characteristic Test method Requirement


section 4


≤ 64.0a


≤ 64.0a




≤ 60


8.0–10.0



≤ 1.0



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Shore Pac GCV synthetic slurry must comply with the requirements shown in the following table:

Shore Pac GCV Quality characteristic Test method Requirement


section 4


≤ 64.0a


≤ 64.0a




≤ 57


8.0–11.0



≤ 1.0


Terragel or Novagel Polymer synthetic slurry must comply with the requirements shown in the following table:

Terragel or Novagel Polymer Quality characteristic Test method Requirement


section 4


≤ 67.0a


≤ 64.0a




≤ 104


6.0–11.5



≤ 1.0



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BIG-FOOT synthetic slurry must comply with the requirements shown in the following table:

BIG-FOOT Quality characteristic Test method Requirement


section 4


≤ 64.0a


≤ 64.0a




55-114


8.5–10.5



≤ 1.0


POLY-BORE synthetic slurry must comply with the requirements shown in the following table:

POLY-BORE Quality characteristic Test method Requirement


section 4


62.8-65.8a


62.8-64.0a




50-80


7.0–10.0



≤ 1.0


Add to section 49-3.02C(6): Install the first 48 feet of the permanent steel casings by vibratory hammers, oscillators, rotators, or by placing in a drilled hole. The remaining depth may be installed by an


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impact hammer equipped with acoustical attenuating, shields or shrouds recommended by the manufacturers.

The permanent steel casing diameter must not exceed 9 feet.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 50 PRESTRESSING CONCRETE

Replace the 2nd paragraph of section 50-1.01C(3) with: For initial review, submit6 copies for structures other than railroad bridges

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 51 CONCRETE STRUCTURES

Add to section 51-1.01A: The pump station concrete structure may be either a cast in place or pre-cast concrete structure. The concrete structure, valve vault, steel platforms and ancillary facilities must be designed by a civil engineer licensed in the State.

Add to section 51-1.01C(1): If the methacrylate crack treatment is performed within 100 feet of a residence, business, or public space, submit a public safety plan that includes:

1. Public notification letter with a list of delivery and posting addresses. The letter must describe the work to be performed and state the treatment work locations, dates, and times. Deliver the letter to residences and businesses within 100 feet of overlay work and to local fire and police officials not less than 7 days before starting overlay activities. Post the letter at the job site.

2. Airborne emissions monitoring plan. A CIH certified in comprehensive practice by the American Board of Industrial Hygiene must prepare and execute the plan. The plan must have at least 4 monitoring points including the mixing point, application point, and point of nearest public contact. Monitor airborne emissions during overlay activities.

3. Action plan for protecting the public if levels of airborne emissions exceed permissible levels.

4. Copy of the CIH's certification.

After completing methacrylate crack treatment activities, submit results from monitoring production airborne emissions as an informational submittal.

Replace the 2nd paragraph of section 51-1.01C(1) with: Submit a deck placement plan for concrete bridge decks. Include in the placement plan your method and equipment for ensuring that the concrete bridge deck is kept damp by misting immediately after finishing the concrete surface.


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Add to section 51-1.01C: 51-1.01C(8) Pump Station Submit 3 sets of shop drawings and design calculations for the pump station concrete structure. Include in the submittal:

1. Details showing construction joints 2. Concrete form and casting details 3. Arrangement of bar reinforcing steel 4. Construction joint keys 5. Details of the steel platforms 6. Details of the valve vault 7. Location of pumping and electrical equipment, and ancillary facilities

Shop drawings and calculations must be sealed and signed by an engineer who is registered as a civil engineer in the State.

Add to section 51-1.03C(2)(b): Forms must be water tight and must not be removed for 30 days in locations where concrete may come in contact with salt or marine water.

Replace Section 51-2.02C(4) with: Payment for the pre-compressed Type B joint seals at retaining walls RW1 and RW3 is included in the payment for structural concrete, retaining wall.

Add to section 51-4.02A. Elastomeric bearing pads must comply with 51-3

Add to section 51-4.04. Payment for the concrete saddles is included in the payment for furnish precast prestressed concrete box girder.

Add to section 51-5.02E. Epoxy coated bar reinforcing steel must comply with section 52.

Add to section 51-7.01A. Catch basins must comply with the requirements of section 51-7 Minor structures.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 52 REINFORCEMENT

Add to section 52-2.03A(1): Epoxy coat reinforcement at all locations except at locations shown on the plans that call for stainless steel reinforcing.


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Replace "Reserved" in section 52-4 with: 52-4 STAINLESS STEEL BAR REINFORCEMENT

52-4.01 GENERAL Section 52-4 includes specifications for fabricating stainless steel bar reinforcement.

52-4.02 MATERIALS Stainless steel bar reinforcement must comply with ASTM A 955/A 955M, Grade 60.

52-4.03 CONSTRUCTION Not Used

52-4.04 PAYMENT Stainless steel bar reinforcing is paid for as bar reinforcing steel (epoxy coated) (bridge).

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 59 STRUCTURAL STEEL COATINGS

Replace the 4th paragraph of section 59-3.03 with: The 2nd finish coat for the pedestrian railing and modified California ST 70 bridge rail must match Sherwin Williams “Really Teal” color number SW 6489.

60 EXISTING STRUCTURES Add to item list in 2nd paragraph 60-2.02A(3):

7. Measures to comply with the environmental permits and documents

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^


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DIVISION VII DRAINAGE FACILITIES 64 PLASTIC PIPE

Add to Section 64-2.02C HDPE Pipe must be corrugated exterior, smooth interior high density polyethylene pipe and have a minimum pipe stiffness of 46psi when tested in accordance with ASTM D2412. Pipe must be joined with a gasketed integral bell & spigot joint and be watertight according to the requirements of ASTM D3212. Spigots must have two gaskets meeting the requirements of ASTM F477.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 65 CONCRETE PIPE

Add to section 65-2.02A: Reinforced concrete pipe must be Class 3, unless otherwise shown.

Replace “Reserved in section 65-2.03A with: Plugging and abandoning existing storm drainage pipes must comply with section 71-6.03.

Replace “Not Used” in section 65-2.04: Payment for reinforced concrete pipe includes payment for plugging and abandoning existing storm drainage pipes shown to be abandoned

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 70 MISCELLANEOUS DRAINAGE FACILITIES

Add to section 70-1.01: Drainage facilities that reference the Uniform Construction Standards All Cities and County of Marin (UCS) details will be constructed as shown in the details. Materials and construction requirements not shown on the details must comply with this section 70.

Add to section 71-2.03: Restore landscaping in locations where drainage facilities are removed on residential property

Replace Reserved in section 71-6.03 with: 71-6.03A General Abandon culverts or pipelines by removing portions of the culverts or pipelines, filling the inside, and backfilling the depressions and trenches to grade. As an alternative to abandoning a culvert or pipeline, you may remove the culvert or pipeline, dispose of it, and backfill.

Notify the Engineer before abandoning a culvert or pipeline.


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71-6.03B Materials Openings into existing structures that are to remain in place must be plugged with minor concrete under section 90.

71-6.03C Construction Wherever culverts or pipelines intersect side slopes, remove them to a depth of at least 3 feet. Measure the depth normal to the plane of the finished side slope. Abandon the remaining portion of the culvert or pipeline.

Culverts or pipelines that are 12 inches or more in diameter must be completely filled by authorized methods. Backfill with sand that is clean, free draining, and free from roots and other deleterious substances. As an alternative to sand, you may backfill with one of the following:

1. Controlled low-strength material under section 19-3.02G 2. Slurry cement backfill under section 19-3.02E

Ends of culverts and pipelines must be securely closed by a 6-inch-thick, tight-fitting plug or wall of commercial-quality concrete.

71-6.03D Payment Payment for abandoning culverts and pipelines is included in payment for the drainage facility that requires the abandonment of the culvert or pipeline for installation.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^


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DIVISION VIII MISCELLANEOUS CONSTRUCTION 73 CONCRETE CURBS AND SIDEWALKS

Replace the 1st paragraph of section 73-1.01 with: Section 73-1 includes general specifications for constructing minor concrete items including concrete curbs, sidewalks, gutter depressions, driveways, island paving, bus pads, and curb ramps; for installing detectable warning surfaces and precast parking bumpers; and for texturing and coloring concrete surfaces.

Minor concrete items including concrete curbs, sidewalks, gutter depressions, driveways, and island paving that reference the Uniform Construction Standards All Cities and County of Marin (UCS) details will be constructed as shown in the details. Materials and construction requirements not shown on the details must comply with this section 73.

Add section 73-5: 73-5 CONCRETE PAVEMENT BUS PAD

73-5.01 GENERAL 73-5.01A Summary Section 73-3 includes specifications for constructing concrete bus pads.

73-5.01B Submittals Submit mix design

73-5.02 MATERIALS Concrete must comply with section 90.

Concrete must reach 5000 psi within 28 days.

Concrete slump must not exceed 3 inches.

Bar reinforcing steel must comply with section 52.

73-5.03 CONSTRUCTION Construct 1/8 inch wide by 2 inch deep weakened plane joints at a maximum of 20 feet.

The finished surface must not vary more than 0.02 foot from a 10 foot straightedge.

Cure concrete using the curing compound method for curing concrete. The curing compound shall be curing compound (6) as specified in section 90-1.03B(3).

Apply curing compound to provide a complete coating of all exposed faces of the concrete surface.

No traffic or equipment is allowed on the bus pad until 48-hours after concrete placement.


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73-5.04 PAYMENT Not Used

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 74 PUMPING EQUIPMENT AND CONTROLS

Add to the item list of 1st paragraph of section 74-1.01C(6): 7. Corrective Maintenance (Repair)

7.1 Trouble Shooting Guidelines 7.2 Warranty 7.3 Removal and Replacement Instructions 7.4 Testing Equipment and Special Tool Information 7.5 Pre-operational testing and operational field testing result for pumps, motors

and control.

Add to section 74-1.01C(6): The Operation and Maintenance Manual must include the manufactures recommendations for installation, operation and maintenance of each piece of equipment, including but not limited to; pumps, motors, gate valves, check valves, air release valves, flap gate, discharge pipe, pipe lining and coatings, instrumentation and MCC.

Add to section 74-1.01C: 74-1.01C(7) Warranties Provide a warrant, for a period of one (1) year from the date of the pump station acceptance, that material furnished is new and free of defects .If failure of any portion of the Work can be attributed to faulty materials, poor workmanship, defective equipment, or any other reason that can be attributed to the work performed, and occurs within the specified warranty period, promptly make the repairs at your expense. The Warranty must be secured by a performance Bond.

The City will make such needed repairs if the you fail to undertake, with due diligence, the needed repairs within ten (10) Calendar days after the you are given a written notice of such failure and without notice to the surety; provided, however, that in case of emergency where in the opinion of the City, delay would cause serious loss or damage s or a serious hazard to the public, the repairs may be made without prior notice to you or surety, and the you must pay the entire cost, including City costs in addition to the repair.

Add to section 74-1.01D(1): Visually inspect steel discharge pipes for damage to the linings and coatings prior to backfilling the pipe.

After assembly of the discharge pipe from the valve vault to the turning structure, the pipe must be air or hydrostatically pressure tested in accordance with the procedures identified in AWWA M11. The test must be a minimum for 2 hours, minimum of 25 psi.


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There must be no pressure drop or as an alternative, no visible leakage. The pipe may be partially backfilled, leaving the joints exposed for examination. All leaks must be immediately corrected and the pipe retested. The pipe must be restrained to prevent any joint movement.

Prior to energizing the equipment, have the following tests completed. All testing must conform to International Electrical Testing Association (NETA) Maintenance and Acceptance specifications and must utilize the manufactures instruction manuals applicable to each piece of equipment. The following tests must be performed prior to connection of cables;

1. 600 Volt Conductor Insulation Resistance (meggar) 2. Circuit Breaker 3. Testing Insulated Equipment

Add the following paragraph to Section 74-1.01D(2)(b) The Amperage and voltage to each motor phase must be measured and recorded in the Operation and Maintenance Manual.

Replace the 2nd paragraph of section 74-1.03B with: All metal surfaces coming into contact with the pumped media, other than stainless steel, must be protected by a factory applied spray coating of acrylic dispersion zinc phosphate primer with a polyester resin paint finish on the exterior of the pump.

Replace the item list of the 1st paragraph in section 74-2.01C(2) with: 1. Drainage pumps 2. Flexible expansion couplings 3. Valves 4. Pump station doors 5. Formed suction intake

Replace the 2nd paragraph of section 74-2.01C(3) with: Submit the factory original hard copy and 2 copies as pdf files on 2 CDs or DVDs.

Replace Reserved in section 74-2.02B(1) with: Drainage pumps must be Flygt axial pumps model PL 7035**3~412, 90 HP, 460 Volt and variable speed drive or approved equal. Pumps must be mounted on a Formed Suction Intake (FSI) supplied by Flygt or approved equal.

Replace section 74-2.02B(2) with: 74-2.02B(2) Drainage Pump 74-2.02B(2)(a) General Furnish and install three (3) electrically operated single-stage submersible propeller pump/motor unit(s) with axial propeller for wet-well installation in vertical column. The pump/motor unit(s) must be close coupled to form one integrated direct drive unit. The pump/motor unit must be designed for installation into a discharge column onto a seat


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at the bottom of the column. Its self-sealing and self-centering design must enable the installation and removal even when the column pipe is submerged. The pump/motor unit must be held in place by its own weight and the pumping head. The pumps must be Flygt Model PL7035**3~412 as manufactured by the Xylem Water Solutions, USA, Inc.or approved equal. Pumps must have a 22 inch column and 18 inch discharge elbow. The pump column must be supported below the discharge elbow. The connection of the pump column to the support beams must be in accordance with the pump manufactures recommendations. The minimum capacity, speed, head and efficiency of each pump must be:

One Pump Operating Two Pumps Operating Three Pumps Operating

Design at TDH 6250 GPM 12500 GPM 18000 GPM

Maximum speed 1775 RPM 1775 RPM 1775 RPM

Design TDH 18 Ft 18 Ft 18 Ft

Minimum Efficiency at Design Point

68% 69% 70%

Total Head Range 9 to 28 Ft 8 to 26Ft 7 to 21 ft

74-2.02B(2)(b) Manufacturer Requirements The pump equipment specified herein must be the design and fabrication of a single manufacturer which must have sole source responsibility of the equipment. The manufacturer must have electric submersible equipment of comparable design and of comparable capacity in successful operation for a minimum of 15 years. References and records of experiences must be provided if requested by the Engineer.

74-2.02B(2)(c) Pump Installation The discharge column must be permanently installed in the wet well. The design must be such that the pump unit(s) will be automatically and firmly connected to the discharge tube when lowered into place. A locking device, located on the external surface of the pump housing, must prohibit rotational movement of the pump/motor unit(s) within the tube(s). The pump(s) must be easily removable for inspection or service with no need for personnel to enter the wet well. The pump(s) must not require any bolts, nuts or fasteners for connection to the discharge column. Stiffening and guiding webs must be provided at the pump support seat to ensure concentric positioning of pump within the discharge column. An O-ring must be provided on the bottom of the inlet (suction) bell mouth so that the weight of the pump unit, when acting on the O-ring, will provide an effective seal between pump and discharge column.

74-2.02B(2)(d) Power Cables The power cable must be designed specifically for use with submersible pumps and must be type SUBCAB (SUBmersible CABle). The cable must be sized according to the


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National Electrical Code (NEC) and the Insulated Cable Engineers Association (ICEA). The outer jacket must be lubricant resistant chlorinated polyethylene rubber, and the copper conductors must be insulated with ethylene-propylene rubber (EPR). The filler and conductor separator materials must be of non-wicking vulcanized rubber. The cable must be rated for 600 volts and 90°C (194°F) with a 40°C (104°F) ambient temperature and must be approved by Factory Mutual (FM). The cable length must be adequate to reach the junction box without the need for splices.

74-2.02B(2)(e) Cable Protection And Suspension Engineer approved cable protection and suspension system must be provided on all installations with in-tube cable runs over 10 feet in length.

74-2.02B(2)(f) Cable Entry The cable entry water seal design must preclude specific torque requirements and ensure a watertight and submersible seal. The cable entry must consist of two cylindrical elastomer grommets, flanked by washers, all having a close tolerance fit against the cable and the cable entry. This design must combine the sealing function with the cable strain relief function so that when the cable entry is mounted onto the junction box, the cable entry will be 100% watertight during immersion of 65 feet or greater, while providing sufficient strain relief to prevent the cable from pulling out when handling, installing, or operating the pump. The assembly must bear against a shoulder in the pump top and direct the cable axially upwards. Epoxies, silicones, or other secondary sealing systems must not be considered acceptable for the cable entry and sealing system.

74-2.02B(2)(g) Electric Motor The pump motor must be specifically designed for submersible operation and be of a 3-phase, squirrel-cage induction, shell type design, housed in an air-filled, watertight chamber. The stator windings and stator leads must be insulated with moisture resistant Class H insulation rated for 180°C (356°F). The stator must be insulated by the trickle impregnation method using Class H monomer-free polyester resin resulting in a winding fill factor of at least 95%. The motor must be inverter duty rated in accordance with NEMA MG1, Part 31.The stator must be heat-shrink fitted into the cast iron stator housing. The use of multiple step dip and bake-type stator insulation process is not acceptable. The motor must be designed for continuous duty. The use of bolts, pins or other fastening devices requiring penetration of the stator housing is not acceptable.

The motor must be designed for continuous duty while handling pumped media of up to 104°F. The motor must be capable of no less than 30 evenly spaced starts per hour.

The motor must be rated at 90 HP, 1775 RPM and have a full load efficiency of not less than 92%. The motor full load current must not exceed 490 Amps, at a voltage of 460 Volts.


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The motor must be cooled by the pumped water flowing along the stator housing when the pump is working. A water jacket or any external cooling system must not be considered acceptable designs.

Three thermal switches must be embedded in the stator end coils, one per phase winding, to monitor the stator temperature. These thermal switches must be used in conjunction with and supplemental to external motor overload protection and must be connected to the control panel. The junction chamber must be sealed off from the stator housing and must contain a terminal board for connection of power and pilot sensor cables using threaded compression type terminals. The use of wire nuts or crimp-type connectors is not acceptable. The motor and the pump must be produced by the same manufacturer.

The motor service factor (combined effect of voltage, frequency and specific gravity) must be 1.15. The motor must have a voltage tolerance of +/- 10%. The motor must be designed for continuous operation in up to a 40°C ambient and must have a NEMA Class B maximum operating temperature rise of 80°C. A motor performance chart must be provided upon request exhibiting curves for motor torque, current, power factor, input/output kW and efficiency. The chart must also include data on motor starting and no-load characteristics.

Motor horsepower must be sufficient so that the pump is non-overloading throughout its entire performance curve, from shut-off to run-out. The motor and cable must be capable of continuous submergence underwater without loss of watertight integrity to a depth of 65 feet or greater.

74-2.02B(2)(h) Pump Shaft The motor/propeller shaft must be a single piece of ASTM/AISI-431 stainless steel and must be completely isolated from the pumped liquid. Units with multiple piece shafts or gearboxes are not acceptable.

74-2.02B(2)(i) Bearings The motor shaft must rotate on two grease-lubricated and sealed bearings. The upper motor bearing must be a single row ball bearing to handle radial loads. The lower bearing must be a two row angular contact ball bearing to handle the thrust and radial forces. The bearings must have a minimum L10 bearing life of 50,000 hours at any usable portion of the pump curve.

74-2.02B(2)(j) Pump Construction Major pump components must be of gray cast iron, ASTM A-48 Class 35B, with smooth surfaces devoid of blow holes and other irregularities. All exposed nuts and bolts must be of AISI 316 stainless steel construction. The propeller must be of a 3-bladed fixed pitch, cast of ASTM A-743 CF8M austenitic stainless steel and must be factory balanced. The blades must be noticeably backward curved so that any clogging tendency is minimized. The impeller blades must be self-cleaning upon each rotation as


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they pass across a sharp relief groove in the wear ring and must keep the blades clear of debris. A replaceable wear ring / inlet cone must be installed in the pump housing to provide sealing between the pump housing and the propeller. Integral to the wear ring must be one machined relief groove that provides a pathway for any material that travels along the back-swept propeller edge to be released as the blade tip passes the relief groove. A secondary effect is the shearing of debris by the edge of the relief groove. The wear ring / inlet cone must be a single piece casting of Hard Iron ™, ASTM A532 (Alloy III A), 25% chrome cast iron. The propeller must be held by a propeller bolt.

All mating surfaces where watertight sealing is required must be machined and fitted with nitrile rubber O-rings. Fitting must be such that sealing is accomplished by metal-to-metal contact between machined surfaces. This will result in controlled compression of nitrile rubber O-rings without requiring a specific torque limit. No secondary sealing compounds, rectangular gaskets, elliptical O-rings, grease or other devices must be used.

74-2.02B(2)(k) Mechanical Seals Each propeller pump must be provided with a positively driven dual, tandem mechanical shaft seal system consisting of two seals, each having an independent spring system. The seals must operate in a lubricant reservoir that hydro-dynamically lubricates the lapped seal faces at a constant rate. The seals are lubricated and cooled by a Monopropylene glycol/water mixture. The lubricant chamber must be designed to prevent overfilling and must provide capacity for lubricant pressure compensation. The lubricant chamber drain and inspection plug, with positive anti-leak seal, must be easily accessible from the exterior of the motor unit. The seal system must not rely upon the pumped media for lubrication. The seals must require neither maintenance nor adjustment and must be capable of operating in either clockwise or counter clockwise direction of rotation without damage or loss of seal function.

The lower, primary seal unit, located between the pump and the lubricant chamber, must contain one stationary and one positively driven rotating corrosion resistant tungsten-carbide seal ring. The lower seal must be independent of the impeller hub. The upper, secondary seal unit, must contain one stationary and one positively driven rotating corrosion resistant tungsten-carbide seal ring. The upper seal, located between the lubricant chamber and the motor housing, must be a leakage-free seal. The rotating inner seal ring must have small back-swept grooves laser inscribed upon its face to act as a micro pump as it rotates, returning any fluid that should enter the dry motor chamber back into the lubricant chamber. Each seal interface must be held in contact by its own spring system.

For special applications, other seal face materials must be available.

The following seal types must not be considered acceptable or equal to the dual independent seal specified.

1. Seals with steels, carbon or silicon carbide seal rings.


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2. Seals utilizing bellows type springs. 3. Shaft seals without positively driven rotating members. 4. Conventional double mechanical seals containing either a common single or double

spring acting between the upper and lower units.

Seal lubricant must be non-hazardous.

Any liquid getting into the stator housing must be gathered in a separate leakage chamber which is equipped with a leakage alarm sensor.

To protect the mechanical seal from abrasive particles, the bottom of the lubricant chamber must have an integral concentric spiral “Spinout” groove.

74-2.02B(2)(l) Pump Monitoring Each pump motor stator must incorporate three thermal switches, one per stator phase winding and be connected in series, to provide over temperature protection of the motor winding. Should high temperature occur, the thermal switches must open, stop the motor, and activate an alarm. A Float Leakage Sensor (FLS), a small float switch, must be used to detect the presence of water in the seal leakage chamber and will activate if leakage into the chamber reaches 50% chamber capacity. When activated, the FLS will stop the motor and activate an alarm.

The thermal switches and float switch must be connected to a Mini CAS control and status monitoring unit. The Mini CAS unit must be designed to be mounted in the pump control panel.

74-2.02B(2)(m) Formed Suction Intake Each pump must be provided with a specially-engineered formed suction intake (FSI) device designed by the pump manufacturer. The FSI must be constructed of fabricated steel and connected to the inlet of the pump discharge tube. The pump manufacturer must have unit responsibility for supplying the pump, discharge column, and FSI.

The FSI must be comprised of two sections: diffuser and 90° bend. The diffuser must incorporate inlet chamfers and a central flow-directing vane to minimize pre-swirl. The 90° bend must be without sharp turns, to prevent turbulence and minimize dynamic losses. The bend must be reducing in cross-section, with the inlet area not less than the outlet area.

The design of the FSI must have been verified by the pump manufacturer, through both CFD analysis and physical scale model tests. The FSI must be capable of normalizing lateral approach flows up to 1m/s, and must produce a uniform flow distribution – with pre-swirl <3° – at the pump propeller plane.

The dimensions of the FSI must be smaller than those of a Type 10 FSI design, based on equivalent flow rate and discharge column diameter, with no loss of hydraulic performance.


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The FSI must be constructed of (A36 structural steel). All welding must be in accordance with American Welding Society (AWS) D1.1 Structural Welding Code.

The FSI must incorporate load-bearing legs, to directly support the weight of the pump and discharge column.

74-2.02B(2)(n) Lining and Coating The axial pump must be coated per the manufactures recommended epoxy coating. The pump column, discharge elbow and FSI must be coated in accordance with the requirements of steel pipe.

Install a motor nameplate and pump identification nameplate on each drainage pump. Attach identical nameplates to the inside of the corresponding starter compartment door on the motor control cabinet.

Replace the 1st paragraph of section 74-2.02B(3) with: Flap Gates must be Waterman Industries Inc., Model F-55 Drainage Gates, Hydro Gate Heavy Duty Flap Gate, Armtec Series 50C flapgate; or approved equal. The flap gate must have the discharge modifications as follow:

1. Heavy Duty and intended for pump discharge service. 2. Hinge links must be 304 or 316 stainless steel or Hot Dipped galvanized. 3. Hinge links and all cast iron hinge points to be bushed with turcite plastic. 4. Hinge pins must be 1 1/8” diameter and made from 17-4-PH stainless steel. 5. Hinge pins to be secured with machined collars drilled through to include springe

pins of bolts. 6. Seats must be flat machined iron and oriented a minimum of 2 ½ degrees from

vertica. 7. The covers must include a lifting eye for manual operation. 8. The frames and covers must be constructed of cast iron in accordance with ASTM

A126 Class B. Frames must be flatback type and mounted to a steel pipe flange welded to the end of the pump discharge pipe.

9. The gate must have a seating head of at least 50 feet of hydrostatic pressure without significant leakage. Significant leakage is defined as 0.1 gallons per minute foot of wetted perimeter when operated at the design head.

Replace the 2nd paragraph of section 74-2.02B(3) with: All bolts and hardware must be Type 304 or 316 stainless steel. Field apply a protective top coat to epoxy coatings of acrylic, aliphatic polyurethane over the epoxy, 4 mil DFT minimum after assembly of all valves, fittings flexible couplers and dismantling sleeves.

Add to section 74-2.02B(3): Dismantling sleeves within the valve vault must have flanged ends. Joints must be Romac Industries Inc., style EFC 400; Dresser Industries, Inc., Style 131; Smith Blair Model 972; or approved equal. Fasteners must be stainless steel (type 304 or 316). The joints must be ANSI/NSF 61 epoxy lined and coated.


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Gate valves must be resilient wedge gate valves such as Mueller Company, Series 2300 or approved equal, ANSI/NSF 61 epoxy lined and coated. Valves must be flanged and have a 2” operating nut. Confirm the dimension from the centerline of the valve to the operating nut to verify the valve will fit within the vault. Gate valves must have flanged ends and operate in a counterclockwise rotation to open. Stuffing boxes must be o-ring stem seals. Stems must be bronze or stainless steel. Stuffing boxes must be bolted and constructed so as to permit easy removal of parts for repair.

Check valves must be a wafer style double disc style, cast iron body, bronze or stainless steel disc, stainless steel shaft and spring and Buna N or EPDM seat such as Mueller Steam Company, Sure Check; DeZurick APCO Double Door, Check Valve Series 9000; Keckley Company, Style DD Wafer Double Check Disc Check Valve; or approved equal. The assembly must be ANSI/NSF 61 epoxy lined and coated.

Replace section 74-2.02C with: 74-2.02C Pump House Doors, Louvers, and Fans 74-2.02C(1) General Cover plate and access hatch must comply with section 75-3.

74-2.02C(2) Pump House Doors Not Used

74-2.02C(3) Wall Louvers Not Used

74-2.02C(4) Fans Not Used

Add to section 74-2.02D(2): The pump station discharge pipe must conform to AWWA C200, Steel Water Pipe, 6 Inches and Larger. The pipe materials must conform to ASTM A36.

The pipe ends must be bell and spigot with rolled groove rubber gasket. The maximum length of pipe sections must be 40 feet. Fittings must be 3 piece elbows (minimum) designed in accordance with AWWA M11 and conform to AWWA C208. Flanges must conform to AWWA C207, Class D.

Pipe must be lined with a minimum of 16 mil DFTepoxy conforming to AWWA C210 (surface preparation SSPC-SP -10). The exterior surfaces of buried steel pipe must be shop wrapped with a three-layer prefabricated polyolefin tape coating system conforming to AWWA C214 (surface preparation SSPC-P-6),minimum of 50 mil thickness. The joints must be field wrapped after the pipe installation. The exterior surfaces of exposed steel pipe and steel pipe embedded in CDF must be coated with an epoxy conforming to AWWA C210 (surface preparation SSPC-SP-10). Field apply a protective top coat of acrylic, aliphatic polyurethane over the epoxy coated surfaces, 4 mil DFT minimum after assembly of the pipe, valves, fittings and supports.


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Interior and exterior coatings must be pinhole tested and holiday tested with a high voltage equipment. Interior coatings must be tested in the shop. Voltage settings must be in strict accordance with NACE RPO188 standard recommended practice for discontinuity (holiday) testing of protective coatings. Exterior coating must be tested after installation of the pipe and prior to top coating the pipe.

Replace section 74-2.02D(4) with: Flexible couplings must be sleeve couplers, such as Bake Coupling Company, Inc., Baker Series 200; Dresser Industries, Dresser Style 38; Smith Blair, Model 411: or approved equal, ANSI/NSF 61 epoxy lined and coated. Gaskets must be Buna S blended gaskets.

Air Release Valves must be Fresno Valve and Casting, 4 inch Waterman AV-150 Series 3000 Air Vent & Vacuum Relief Valve; Val-Matic Valve and manufacturing Company, Drawing VMC-61 or approved equal.

Add to section 74-2.02E: Steel supports must comply with section 55.

Pipe supports must be Nibco, Tolco Type 317A or 318A; Eaton, B-Line B3093 or B3092; Empire Tool & Manufacturing Figure 426 or 427; or approved equal.

Replace section 74-2.03B with: 74-2.03B Pump House Doors Not Used

Add to section 74-2.03: 74-2.03C Training Train City personnel in the operation, maintenance and troubleshooting of the pumps, motors and valves. The training must demonstrate the removal of a pump from the pump column from the completed pump station, including the dismantling of access hatches, electrical connections and reinstallation of the pump and reassembly of the pump station, complete. Training must be for at least 4 hours and be at the job site. The training must use the O&M Manual supplied for the pump station. The training instructor must be a factory – authorized representative of the pump manufacturer. Supply all equipment and labor to assist the City personnel in the hands-on training experience. Scheduled training to be concurrent with the training specified in section 74-3.01D(5).

Add to the list in the 1st paragraph of Section 74-3.01C(2): 7. Motor Control Center

Replace Reserved in section 74-3.02B(2) with: Service pedestals must be tamper resistant, Type 3R enclosures with:

1. Underground pull section 2. Service disconnect compartment


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3. Meter compartment Service pedestals must be constructed with:

1. 12-gauge exterior sheet steel and 14-gauge interior sheet steel 2. Baked enamel or baked thermosetting polyester exterior finish 3. Stainless steel hardware, including screws, latches, hasps, hinge pins, and similar

items 4. 400A main breaker (service disconnect switch) 5. Service disconnect switch that operates with the exterior door open and the interior

deadfront door closed

Service pedestals must have exterior doors with double hasp for 2 separate padlocks where removing either padlock opens both doors.

Service disconnect switches must be 3-pole, 480-V(ac), 400-A frame, 400-A trip, molded case circuit breakers with the following features:

1. Adjustable AC magnetic trip set to 400 A 2. Interrupting capacity of 25,000 A symmetrical at 480 V 3. Handle that is lockable with a padlock in the "OFF" position

Delete item 1 in the list in the 1st paragraph of section 74-3.02B(3). Add to the list in the 1st paragraph of section 74-3.02B(3).

6. Provide transient voltage surge suppression (TVSS) rated for a maximum surge current per phase of 100,000 amperes. The TVSS must have indicating lights.

Delete the 2nd paragraph of section 74-3.02B(3). Add to the beginning of section 74-3.02B(3):

The motor control center must be a factory assembled unit fabricated from individual sections joined together to form a rigid, freestanding assembly. The motor control center must be rated for 480-V(ac),400-A, 3-phase, 4-wire, 60 Hz service.

The motor control center must comply with NEMA ICS 18 and UL 845.

Motor control center wiring must comply with NEMA ICS 18 Class II, Type B-D.

The sections must be NEMA Type 3R enclosures that are (1) totally enclosed, (2) front accessible, and (3) freestanding with pad lockable outer doors and 36” roof overhang in front. The sections must be suitable for:

1. Main disconnect 2. Front-mounted panels 3. Plug-in units 4. Transformers 5. Other unit structures

The sections must:

1. Be no more than 90 inches high including steel base channels


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2. Include a removable 3-inch lifting angle 3. Have control terminal blocks with side-mounted, positive latch, pull-apart type

connectors rated at 600 V(ac) 4. Include both horizontal wireways with bus bars and vertical wireways with bus bars 5. Have automatic shutter mechanisms in all plug-in or unused spaces 6. Have removable, flanged, blank cover plates with captive screws covering unused

spaces 7. Use corrosion resistant hardware, including screws, latches, hasps, hinge pins, and

similar items 8. Have the interior painted white, including panels and backs of doors 9. Have a baked enamel or baked thermosetting polyester exterior finish

Each section must have horizontal wireways at the top and bottom. Openings must be continuous the full length of the motor control center and at least 12 sq in. Furnish end caps on the outer sections. Isolate wireways from the main bus.

Each section must have a vertical wireway on the right hand side that connect the top and bottom horizontal wireways. Openings into horizontal wireways must be at least 19 sq in. Furnish a hinged door with captive-type screws over the vertical wireway. Isolate wireways from bus bars. Furnish reusable wire ties in each vertical wireway.

Each section must have a horizontal main bus, consisting of 3 bus bars and rated for 600-A continuous, in the top wireway. Each section must have 1 ground bus bar and 1 neutral bus bar in the bottom wireway. Bus bars must be tin-plated copper and connected across all sections. Horizontal bus bracing must have a withstand rating of at least 42,000-rms symmetrical amperes.

Each section must have 3 vertical bus bars, rated for 600-A continuous, made from tin-plated copper in each section. Vertical bus bracing must have a withstand rating of at least 42,000-rms symmetrical amperes.

Each section component must have an individual door. Doors must be concealed hinge type, attached to a section structural member, and hinged on the left side. Doors must:

1. Have slotted thumbscrews for closing. 2. Swing open a minimum of 112 degrees. 3. Remain in place when any unit is removed from its structure. Doors must close when

the unit is not installed. 4. Where starters are shown, have an external low-profile overload relay reset button.

Phase failure relay disconnects must be 3-pole, 480-V(ac), 15-A frame, 15-A trip, molded case circuit breakers.

Phase failure relays must be adjustable, automatic reset, voltage sensing relays. Relays must:

1. Be panel mounted 2. Have 2 SPDT, 10-A, 120-V(ac) contacts 3. Have a LED that indicates the relay is energized


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4. Sense phase loss, phase unbalance, and phase reversal

Light transformers must be double-wound, 10-kVA, 60-Hz, surface-mounted dry type transformers having a 480-V(ac) primary and 120/240-V(ac) secondary with integral conduit box.

Add to section 74-3.02B 74-3.02B(4) Variable Frequency Drive (VFD) The Variable frequency drive(s) (VFD) must be microprocessor based inverter logic isolated from power circuits, with a Buffered Pulse Width Modulated (BPWM) output waveform using IGBT technology. The VFD package as specified herein must be completely assembled and tested by the manufacturer. The VFD must employ a full wave rectifier, DC link reactor, capacitors, and latest generation of Insulated Gate Bipolar Transistors (IGBTS) as the output switching device. The drive efficiency must be 97% or better at full speed and full load. Displacement power factor must be between 100% to 95% lagging at all speeds and loads. The drive nameplate rating must not be rated less than 1.15 times that shown for the nameplate current rating of the pump motor as furnished by the motor manufacturer. Secure this rating from the motor manufacturer. VFD must be in accordance with UL 508C

1. Input Voltage Rating: 480 volts 10% 2. Ground Lug 3. Number of Phases: 3 4. Input Frequency: 60 Hertz 5. 65KA Short Circuit Rating 6. Carrier Frequency: 2 KHz adjustable to 8 kHz 7. The variable frequency drive must have the following features and accessories:

7.1. EtherNet/IP communication adapter 7.2. LCD full numeric display, digital keypad HIM 7.3. 3EMC Filter 7.4. English Programming and Installation Manual 7.5. Copper Phase and Ground bus 7.6. Elapsed Time Meter if not a built-in feature of the drive. 7.7. Backspin Timer if not a built-in feature of the drive. 7.8. Power Failure Protection (phase loss, phase reversal, power outage) if not a

built-in feature of the drive. 7.9. Control Transformer rated minimum 500VA with primary protection. Increase

VA size if necessary due to motor heater size as obtained from motor manufacture.

7.10. Environmental operating conditions: 0 to 45 degrees C, 0 to 200 feet above sea level, less than 5% to 95% humidity, non-condensing.

7.11. Each VFD protected by a Molded Case or Insulated Case Circuit Breaker. 7.12. Each VFD must have an NEMA rated input and output contactor. 7.13. Manual speed potentiometer in addition to using the keypad as a means of

controlling speed manually.


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7.14. Customer terminal strip isolated from the line and ground. 7.15. Two (2) programmable 4-20ma analog inputs for speed reference. 7.16. Two (2) programmable 4-20ma analog outputs proportional to Output

Frequency, Motor Speed, Output Voltage, Output Current, Motor Torque, Motor Power (kW), DC Bus voltage, or Active Reference.

7.17. Four (4) programmable digital relay outputs. Outputs must be true Form C type contacts.

7.18. The VFD must Ramp or Coast to a stop, as selected by the user. 7.19. The VFD must provide volts per Hertz and Sensorless Vector, operation. 7.20. Bottom load and supply power cable entry. 7.21. Bottom control wire entry. 7.22. Start & Stop Push Buttons. 7.23. Hand-Off-Auto Selector Switch with one dry contact for each of the "Auto" and

"Hand" positions for use by the Others. "Hand" must be used for manual operation from front of the VFD cabinet.

7.24. One dry normally open "run" contact for use by the SCADA System. 7.25. Acceptance of one dry contact from motor thermal detector to de-energized

drive. 7.26. 120V power and one normally open "run" contact for energizing a solenoid

valve for pump bearing lubricating oil. 7.27. 120V power and one dry normally closed contact for de-energizing motor

winding heater. One "On/Off" switch for manual de-energizing the motor winding heater.

7.28. Acceptance of one dry contact for "Start" and "Stop" 7.29. Red and Green, push to test, LED Type Indicating Lights for Run and Off. One

white push to test LED Type Indicating Light for motor heater on/off. One red, push to test, LED Type Indication Light for "run".

7.30. Auxiliary relays and terminal blocks as required. 7.31. Three line Nameplate for each section. 7.32. Heat imprinted plastic wire marker sleeves for low voltage wiring. 7.33. 3% Line Reactor must be furnished. 7.34. All wires to be individually numbered at both ends. 7.35. Door interlocked thermal magnetic circuit breaker that will disconnect all input

power from the drive and all internally mounted options. The disconnect handle must be thru-the-door type, and be pad lockable in the Off position.

7.36. The VFD must have a Motor Terminator connected at the terminals of the motor to clamp reflected wave impulse peaks to 900 volts or less if required. Motor Terminator may be eliminated if the motor manufacturer certifies that the motor is manufactured specifically for the magnitude of the voltage peaks inherent to the variable frequency drive being furnished.

74-3.02B(5) Surge Arrester Provide surge arrester on main bus

74-3.02B(6) Power Monitor Provide Power Monitor with EtherNet/IP protocol. Power Monitor must be network. Power Monitor must be programmed to display real-time data without the need for using


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multiplying factors and provide the following data to the network: Volts, Amps, Amps Demand, kW, kWH, kW Demand, kVA, kVAH, kVAH Demand, kVAR, kVARH, kVAR Demand, Power Factor and Frequency. Power Monitor must operate on 277/480V system and current transformers specified below. Current Transformers must have a test switch which automatically short circuits the transformers when opened. Control power must be 120VAC as shown.

74-3.02B(7) Current Transformers Three current transformers must be furnished with ratio of 400:5 with accuracy of 0.3% at 100% rating and 0.6% at 10% rating for the Power Monitor.

74-3.02B(8) Contactors The variable frequency drive must have a NEMA rated input and output contactor to fully isolate the VFD when off and in bypass.

74-3.02B(9) Air Conditioning The manufacturer of the motor control center must determine the ventilation requirements based on the heating of the equipment and the ambient temperature. The manufacturer must include the ventilation features as a part of the NEMA 12 enclosure and the NEMA 3R enclosure. The ventilation must include a refrigerated air conditioner, commercial grade, 240V, 60Hertz, single phase, cabinet mounted, thermostat controlled unit. The air conditioner must be sized to maintain the temperature within the limits of the variable frequency drive installed therein operating at full capacity in the maximum air temperature specified. The air conditioner must not operate when the drive is not running and when the internal thermostat of the drive does not call for conditioned air.

74-3.02B(10) Uninterruptable Power Supply (UPS) Furnish UPS.

1. 500W, 750VA.

74-3.02B(11) Remote Terminal Unit (RTU) Furnish RTU with cellular radio and antenna.

1. Programmable Scada Controller, ICL Inc. Pinnacle Series or approved equal. 2. Cellular Data Modem, ICL Inc. Messenger Series or approved equal. 3. Cellular antenna. 4. Power supply 5. Cabling 6. Programming, complete.

Replace the 1st paragraph of section 74-3.02C(2) with: The water level monitoring system must be a sealed submersible type that calculates the water depth using water pressure that is converted to an electrical signal. The signal loop must have surge protection.


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Delete the 3rd item of the list in the 2nd paragraph of section 74-3.02C(2) Delete the 3rd paragraph of section 74-3.02C(2)

Replace the list in the 2nd paragraph of section 74-3.02C(3) with: 1. Alternate pumps after each lead pump operation. 2. When water level reaches a predetermined and user adjustable setpoint energize

the lead pump and control it’s speed by applying a programmed PID algorithm that will hold the water level at this setpoint.

3. If step 2 above cannot hold the level then energize the lag-1 pump at its minimum flow and back off the lead pump an equivalent amount. Proceed with the level control algorithm to increase the output of the lead pump as necessary (up to its maximum flow). Subsequently proceed to increase the speed of the lag pump as necessary to maintain the sump level at the setpoint.

4. Similar to step 3 except bring on lag-2 pump. 5. As the necessary flow decreases the PID algorithm must proportionally cut back on

the pumping in the reverse order. 6. When the sump water level decreases to the user adjustable setpoint for “STOP” the

lead pump must de-energize.

Replace the 3rd paragraph of section 74-3.02C(3) with: The controller must output a 120 V(ac) signal when the high or low alarms are energized.

Delete the 5th and 6th items of the 7th paragraph of section 74-3.02C(3) ^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^

75 MISCELLANEOUS METAL Add to the list in the 2nd paragraph of section 75-3.01A:

6. Vertical restrainers 7. MMWD water line support

Add to the Miscellaneous Metal Parts table of section 75-3.02A: Vertical Restrainers Stainless Steel Type 316

Replace the 1st paragraph of section 75-3.02C(4) with: CIP concrete inserts must be stainless steel.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 78 INCIDENTAL CONSTRUCTION

Replace the paragraph in section 78-4.03B with: The yellow painted concrete must match color no. 33538 of FED-STD-595.

The red painted concrete curb must match the City’s “No Parking” curbs.


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Replace “Reserved” with: 78-6 SEISMIC INSTRUMENTATION RECORDER

78-6.01 GENERAL 78-6.01A Summary Section 78-6 includes specifications for seismic instrumentation recorder equipment.

Seismic instrumentation record equipment consists coordinating the purchase and installation of the seismic instrumentation recording equipment with the California Strong Motion Instrumentation Program (CSMIP).

78-6.01B Submittals Product data for materials includes catalog cuts, performance data, calibration data and installation instructions to the Engineer and CSMIP.

Submit product data for:

1. Accelerograph recorder and sensor 2. Stainless steel enclosure 3. Pull box/vault 4. Recorder housing 5. Sensor cables

78-6.01C Quality Control and Assurance Schedule and hold a pre-installation meeting for the seismic instrumentation recorder equipment with CSMIP staff prior to the installation of any seismic monitoring instrumentation equipment. You must provide a facility for the meeting.

78-6.02 MATERIALS 78-6.02A Materials Concrete must comply with section 51-7

Bar reinforcing steel must comply with section 52

The following major equipment items need to be purchased for the seismic instrumentation of the Bon Air Road Bridge in cooperation with CSMIP.

Recorders and sensors must all be either Type 1 or Type 2, without mixing.

1. Accelerograph Recorders and Sensors

1.1 Type 1

1.1.1 Manufacturer: Kinemetrics Inc. Contact: Norek Abrahamian, 222 Vista Avenue phone: 626-744-5058 Pasadena, CA 91107 [email protected] Ph: 626-795-2220



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1.1.2 One each, 6-channel Strong Motion Recording System consisting of one 8-channel Granite recorder with 1 GByte or larger memory card, in a NEMA type 12 enclosure (24"h x 21.5"w x 16"d). To include: batteries, interconnect for common triggering, GPS timing system (GPS Antenna and 10-ft of antenna cable) and terminal strips for sensor wiring; and 6 each, ES-U2 EpiSensor uniaxial accelerometers (full scale 4g, with full scale test results) with mating wiring pigtails (connector and 6-foot cable).

1.2 Type 2

1.2.1 Manufacturer: REF TEK, A Division of Trimble Contact: Jared Carlson 1600 10th Street, Suite A Phone: 970-584-9362 Plano, TX 75074 [email protected] Ph: 214-440-1265

1.2.2 One each, 6-channel Strong Motion Recording System consisting of one 6-channel 130-MC recorders with 1 GByte or larger memory card, in NEMA type 12 enclosures (24”h x 20”w x 16”d). To include: batteries, interconnect for common triggering and time, GPS timing system (GPS Antenna and 10-ft of RS-232 antenna cable) and terminal strips for sensor wiring; and 6 each, 131B-01/1 uniaxial accelerometers (full scale 4g, with full scale test results) with mating wiring pigtails (connector and 6-ft cable).

2. Protective Enclosures:

2.1 Stainless Steel Sensor Enclosure: (for the sensors in the sidewalk block outs)

2.1.1 Manufacturer: Hoffman or equivalent (Available from Electrical Suppliers)

2.1.2 Description: NEMA type 4X stainless steel (316L) screw cover enclosure, approx. 12” x 10” x 6” deep (Hoffman P/N LSC302515SS6) with a grounding stud installed on the cover and body of the enclosure. (Note: Back of the enclosure to be a completely flat and smooth surface.)

2.2 Block out (pull box/vault) (for the sensors in the sidewalk):

2.2.1 Manufacturer: Various (Available from Suppliers)

2.2.2 Description: either a block out (internal dimensions of 12” x 18” x 8” deep) with a galvanized steel welded frame and bolt-down lid of galvanized steel diamond checker plate or a high density reinforced concrete pull/junction box with bolt-down lid of galvanized steel diamond checker plate (Oldcastle Precast/Christy part numbers N30 Electrical Box with N30-61J lid or equivalent for non-traffic load rated areas; or part numbers B1017 Box with B1017-51JH lid or equivalent for traffic load rated areas.)

2.3 Recorder Housing:



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2.3.1 Manufacturer: McCain Inc. or equivalent Contact: Jennifer Phelan 2365 Oak Ridge Way Phone: 760-734-5050 Vista, CA 92081 [email protected]

2.3.2 Description: Model 334 anodized aluminum cabinet, part no. M70027A, modified to 46” high x 24” wide x 30” deep with corbin locks, no police panel, fan, equipment rack of shelving (per California Dept. of Conservation/SMIP specifications.)

2.4 Cable: 6-pair cable (Belden part number 8778 or equivalent)

78-6.02B Delivery Equipment, except cables and block outs (pull box/vault) must be shipped to CSMIP for assembly and testing. For shipping information contact Anthony F. Shakal at 916-322-7481 ([email protected]) or Carl Petersen at 916-322-9302 ([email protected]).

78-6.03 CONSTRUCTION Coordinate the installation of the seismic instrumentation with CSMIP. CSMIP requests 20 working days advance notice for delivering materials or performing work at the site. Provide access for CSMIP employees to install seismic instrumentation recorder equipment.

Install sensor cable run from the recorder cabinet to each sensor without splices. Sensor cables crossing the abutment joints require extra slack (a 2-3 foot C-loop) in the cable to allow for the maximum possible movement without damage to the sensor cables. Leave an extra 20 ft of cabling at the recorder housing and an extra 10 ft of cabling at each sensor. Label each end of each cable with its sensor number.


78-7 MARIN MUNICIPAL WATER DISTRICT (MMWD) FACILITIES 78-7.01 GENERAL 78-7.01A Summary Section 78-7 includes specifications for work on MMWD facilities, including furnishing and installing flexible expansion joints, installing water lines, gates, valves and other accessories, tying into the existing system, testing the installed system, and relocating the existing fire hydrant.

All work on MMWD facilities must comply with MMWD Standard Specifications and Details.

Relocation of the existing fire hydrant must comply with MMWD hydrant standard drawing (SD0003)





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Coordinate all work with MMWD.

Contact Jeff Ohmart of MMWD at (415) 945-1574 for copies of the MMWD Standard Specifications.

MMWD Standard details are located at: http://marinwater.org/DocumentCenter/View/43

78-7.01B Submittals Submit product data for flexible expansion joints and accessories materials including catalog cuts, performance data, testing requirements and installation instructions to the Engineer.

Submit certificate of compliance for flexible expansion joints and accessories

Submit a fire hydrant relocation plan

78-7.02A General Materials listed in section 6-1.02 to be provided by MMWD must be picked up at:

Pelican Way, San Rafael, CA 94901 Contact Jeff Ohmart at (415) 945-1574 24 hours before picking up materials.

Materials must comply with MMWD Standard Specifications and Details

78-7.02B Flexible Expansion Joint (Water) Each flexible expansion joint must be pressure tested prior to shipment against its own restraint to a minimum of 250 PSI. A minimum 2:1 safety factor, determined from the published pressure rating, must apply.

Each flexible expansion joint must consist of an expansion joint designed and cast as an integral part of a ball and socket type flexible joint, having a minimum per ball deflection of: 20º, 10” - 12”; and 6-inches minimum expansion. The flexible expansion fitting must not expand or exert an axial imparting thrust under internal water pressure. The flexible expansion fitting must not increase or decrease the internal water volume as the unit expands or contracts.

All internal surfaces (wetted parts) must be lined with a minimum of 15 mils of fusion bonded epoxy conforming to the applicable requirements of ANSI/AWWA C213. Sealing gaskets must be constructed of EPDM. The coating and gaskets must meet ANSI/NSF-61.

Exterior surfaces must be coated with a minimum of 6 mils of fusion bonded epoxy conforming to the applicable requirements of ANSI/AWWA C116/A21.16.

Polyethylene sleeves, meeting ANSI/AWWA C105/A21.5, must be included for direct buried applications.

http://marinwater.org/DocumentCenter/View/43


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All flexible expansion joints must be The Force Balanced FLEX-TEND as manufactured by EBAA Iron, Inc. Eastland, TX., U.S.A. or approved equal.

78-7.03 CONSTRUCTION 78-7.03A General Relocation, Installation and testing of MMWD facilities must comply with MMWD Standard Specifications and Details

78-7.03B Flexible Expansion Joint (Water) Flexible expansion joints must be installed per the manufacture's instructions.


78-8 COMCAST 78-8.01 GENERAL Section 78-8 includes specifications furnishing and installing conduit and pull boxes for Comcast.

Coordinate all work with Comcast’s contractor Cablecom.

Cablecom Juan Harris, Construction Manager Phone: 707-208-1320

78-8.02 MATERIALS Conduit must comply with section 86.

Pull boxes must comply with section 86.

78-8.03 CONSTRUCTION Coordinate installation with Cablecom.


78-9 PG&E 78-9.01 GENERAL Section 78-9 includes specifications for working on PG&E electrical facilities..

All work on PG&E electrical facilities must comply PG&E standards and details.

Coordinate all work with PG&E.

78-9.02 MATERIALS Materials listed in section 6-1.02 to be provided by PG&E must be picked up at:

1220 Anderson Drive San Rafael, CA 94901


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Contact PG&E 24 hours before picking up materials.

Materials must comply with PG&E specifications and details.

78-9.03 CONSTRUCTION Installation and testing of PG&E electrical facilities must comply with PG&E specifications and details


Replace “Reserved” in section 78-4.03B with: 78-23 RELOCATING TRASH RECEPTACLES

78-23.01 GENERAL Section 78-23 includes specifications for relocating trash receptacles.

78-23.02 MATERIALS Not Used

78-23.03 CONSTRUCTION Relocate the existing concrete trash receptacle from its current location to an interim locations during construction and then to the final new location shown or directed by the Engineer.


^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 80 FENCES

Replace "Reserved" in section 80-5 with: 80-5 WOOD FENCE

80-5.01 GENERAL Section 80-5 includes specifications for constructing wooden fences.

80-5.02 MATERIALS Post must comply with section 82-3.02C.

Wood members, except post, must comply with section 57

Hardware must comply with section 75.

Nails must be common wire nails.

Deliver, store, and handle timber and lumber as follows:

1. Store in piles at the job site unless it is to be used immediately. 2. Stack neatly on dunnage above ground such that it can be readily inspected. 3. Store and handle such that injury and breakage are avoided.


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4. Protect from the sun to prevent warping.

80-5.03 CONSTRUCTION Lumber must be accurately cut and framed to a close fit.

80-5.04 PAYMENT Not used

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^


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DIVISION IX TRAFFIC CONTROL DEVICES 82 SIGNS AND MARKERS

Add between the 1st and 2nd paragraphs of section 82-2.02C: Retroreflective sign sheeting for roadside (ground mounted) guide signs must be ASTM D4956 Type XI and have the premium graffiti film coating.

Add to section 82-3.03B: Install non-illuminated street name signs on signal mast arms using a minimum 3/4-by-0.020-inch round-edge stainless steel strap and saddle bracket. Wrap the strap at least twice around the mast arm, tighten, and secure with a 3/4-inch stainless strap seal. Level the sign panel and tighten the hardware securely.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^ 83 RAILINGS AND BARRIERS

Replace 7 in the 2nd paragraph of section 83-2.05A(3) with: 9

Add to section 83-2.05B(2): Bar reinforcing steel used in concrete parapets must be epoxy coated under section 52-2.03.

Add to section 83-2.05B(4): Prepare and paint the exposed galvanized surfaces of the California bridge rail under section 59-3.

Do not chemically treat the galvanized surfaces before cleaning and painting. Galvanize the nuts, bolts, and washers after fabrication.

Replace “Reserved” with: 83-2.10 PEDESTRIAN RAILING Concrete foundations must comply with Section 51 Concrete Structures and 52 Reinforcement

Anchor bolts must comply with the specifications for anchor bolts in section 75-3.03C.

Ferrous metal parts must be galvanized. Galvanizing must comply with section 75-1.02B.

Paint rail under section 59-3.

There must be no chemical treatment of galvanized surfaces before cleaning and painting.

Submit shop drawings for the pedestrian hand railing.

The shop drawings must include the following:

1. Railing layout


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2. Complete details for the construction of the work including methods of construction, sequence of shop and field assembly, and installation procedures

Submit 9 copies of each set of drawings. Allow 25 days for review. Upon certification, the Engineer will stamp or mark the drawings certified and return 2 sets of these drawings to you for use during construction.

Replace “Reserved” with: 83-5 REMOVABLE BOLLARD Galvanized pipe must comply with section 75

Concrete for footing must comply with section 51-7.

Steel plates must comply with section 75-2

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^


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DIVISION X ELECTRICAL WORK Replace the 1st paragraph in section 86-1.01D(3) of the RSS for section 86 with:

Deliver the material and equipment for testing to the following location:

DC Electric 8023 Gravenstein Highway South, Cotati, CA 94931

Replace the 4th paragraph of section 86-1.02C(1) of the RSS for section 86: The cover marking must include one of the following:

1. SERVICE for service circuits between a service point and service disconnect 2. SERVICE IRRIGATION for circuits from a service equipment enclosure to an

irrigation controller 3. SERVICE BOOSTER PUMP for circuits from a service equipment enclosure to the

booster pump 4. TDC POWER for circuits from a service equipment enclosure to telephone

demarcation cabinet 5. LIGHTING for a lighting system 6. SIGN ILLUMINATION for a sign illumination system 7. SIGNAL AND LIGHTING for a signal and lighting system 8. RAMP METER for a ramp metering system 9. TMS for a traffic monitoring station 10. FLASHING BEACON for a flashing beacon system 11. CMS for a changeable message sign system 12. INTERCONNECT for an interconnect conduit and cable system 13. CALTRANS if more than one system is shared in the same pull box 14. TRAFFIC SIGNAL” for City traffic signal system

Replace section 86-1.02F of the RSS for section 86 with: 86-1.02F Conductors and Cables 86-1.02F(1) General Conductors and cables must be clearly and permanently marked the entire length of their outer surface with:

1. Manufacturer's name or trademark 2. Insulation-type letter designation 3. Conductor size 4. Voltage 5. Temperature rating 6. Number of conductors for a cable The minimum insulation thic kness and color code requirements must comply with NEC.

86-1.02F(2) Conductors 86-1.02F(2)(a) General Not Used


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86-1.02F(2)(b) Aluminum Conductors Aluminum conductors must comply with ASTM B800 and 801.

Insulation for aluminum conductors must be one of the following:

1. Type XHHW-2 2. Type USE, RHH, or RHW cross-linked polyethylene

86-1.02F(2)(c) Copper Conductors 86-1.02F(2)(c)(i) General Copper wire must comply with ASTM B3 and B8.

Insulation for no. 14 to no. 4 conductors must be one of the following:

1. Type TW PVC under ASTM D2219 2. Type THW PVC 3. Type USE, RHH, or RHW cross-linked polyethylene

The insulation for no. 2 and larger conductors must be one of the above or THWN.

86-1.02F(2)(c)(ii) Bonding Jumpers and Equipment Grounding Conductors A bonding jumper must be copper wire or copper braid of the same cross-sectional area as a no. 8 conductor or larger.

An equipment grounding conductor may be bare or insulated.

86-1.02F(2)(c)(iii) Inductive Loop Conductors An inductive loop conductor must comply with the requirements shown in the following table:

Conductor Requirements for Inductive Loop Detectors Loop wire Requirement

Type 1 Type RHW-USE neoprene-jacketed or Type USE cross-linked polyethylene, insulated, no. 12, stranded copper wire with a minimum 40-mils insulation thickness at any point.

Type 2

Type THWN or Type XHHW, no. 14, stranded copper wire in a plastic tubing. The plastic tubing must be polyethylene or vinyl rated for use at 105 °C and resistant to oil and gasoline. The outside diameter of the tubing must be at most 0.27 inch with a wall thickness of at least 0.028 inch.

86-1.02F(2)(d) Not Used 86-1.02F(3) Cables 86-1.02F(3)(a) General Not Used

86-1.02F(3)(b) Aluminum Cables Not Used


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86-1.02F(3)(c) Not Used 86-1.02F(3)(d) Copper Cables 86-1.02F(3)(d)(i) General Not Used

86-1.02F(3)(d)(ii) Conductor Signal Cables Not Used

86-1.02F(3)(d)(iii) Detector Lead-in Cables Conductors for a loop detector lead-in cable must be two no. 16, 19-by-29, stranded, tinned copper wires with calculated cross-sectional areas complying with ASTM B286, Table 1 and the requirements shown in the following table:

Conductor Requirements for Loop Detector Lead-In Cables Lead-in cable

Requirement

Type B Insulated with 20 mils of high-density polyethylene. Conductors must be twisted together with at least 2 turns per foot, and the twisted pair must be protected with a copper or aluminum polyester shield. A minimum no. 20 copper drain wire must be connected to the equipment ground within the cabinet. Cable must have a high-density polyethylene or high-density polypropylene outer jacket with a nominal thickness of 32 mils. Include an amorphous, interior, moisture penetration barrier of nonhydroscopic polyethylene or polypropylene fillers.

Type C Comply with International Municipal Signal Association Specification no. 50-2. A minimum no. 20 copper drain wire must be connected to the equipment ground within the cabinet.

Replace section 86-1.02I of the RSS for section 86 with: 86-1.02I Connectors and Terminals 86-1.02I(1) General Not Used

86-1.02I(2) Power All connectors must comply with UL-486A and/or UL-486 B.

Connectors and terminals must be rated for the conductors’ size and material type and be prefilled with oxide-inhibiting compound.

Connectors and terminals for copper conductors must be a compression or crimp type.

Connectors and terminals for aluminum conductors must be a compression type.


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Replace the 1st sentence of the 15th paragraph of section 86-1.02P(2) of the RSS for section 86 with:

The interior of the enclosure must accept cable-in/cable-out circuit breakers. The circuit breakers must be mounted on nonenergized clips and vertically with the up position of the handle being the ON position.

Add to the list in the 2nd paragraph of section 86-1.02R(4) of the RSS for section 86:

4. Be made of metal

Replace the 1st sentence in the 9th paragraph of section 87-1.03A of the RSS for section 87 with:

The shutdown of traffic signal systems is allowed only between the hours of 9:00 a.m and 3:00 p.m.

Add to the beginning of section 87-1.03B(3)(a) of the RSS for section 87: Use Type 3 conduit for underground installation.

Use Type 1 conduit for structure installation.

Replace the 3rd paragraph of section 87-1.03C(1) of the RSS for section 87 with: Install a pull box on a bed of crushed rock.

Replace the 1st paragraph of section 87-1.03F(2)(c)(ii) of the RSS for section 87 with:

Install a Type B loop detector lead-in cable in conduit.

Replace the 1st paragraph of section 87-1.03F(3)(c)(ii) of the RSS for section 87 with:

Use a Type 2 loop wire. Use only Type 2 loop wire for Type E loop detectors.

Add to the end of section 87-1.03H(1) of the RSS for section 87: Do not solder aluminum conductors.

Replace the 2nd paragraph of section 87-1.03H(2) of the RSS for section 87 with: Use Method B to insulate a splice.

Add to the end of section 87-1.03T of the RSS for section 87: A manufacturer's representative must program the accessible pedestrian signals at the following intersections:

1. Intersection of Bon Air Road and S. Eliseo Drive

Add between the 1st and 2nd sentences in the 2nd paragraph of section 87-1.03V(2) of the RSS for section 87:

Saw the slots to allow a minimum of 2 inches of sealant above the top of the uppermost loop wire in the slot.


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Add between the 11th and 12th paragraphs of section 87-1.03V(2) of the RSS for section 87:

Use hot-melt rubberized sealant to fill slots.

Add to the end of section 87-21.03C of the RSS for section 87: Street lighting system and street lighting for stage construction include removing, adjusting, or adding:

1. Foundations 2. Pull boxes 3. Conduit 4. Conductors 5. Standards 6. Luminaires 7. Service equipment enclosure 8. Photoelectric control 9. Fuse splice connectors

Signal and lighting system and signal and lighting for stage construction include removing, adjusting, or adding:

1. Foundations 2. Pull boxes 3. Conduit 4. Conductors 5. Cables 6. Standards 7. Signal heads 8. Controller assembly 9. Detectors 10. Accessible pedestrian signals 11. Bike push button assemblies 12. Pedestrian signal heads 13. Luminaires 14. Fuse splice connectors 15. Sign panels on mastarm 16. Power coating signal pole and arm

Replace "Reserved" in section 87-13 of the RSS for section 87 with: 87-13 SOLAR RECTANGULAR RAPID FLASHING BEACONS (RRFB) SYSTEM

87-13.01 General Section 87-13 includes specifications for constructing flashing beacon systems.

Solar rectangular rapid flashing beacons (RRFB) system includes:

1. Light Bar Housing and Indication (one per Type A and two per Type B RRFB units) 2. Controller (one per crossing) 3. Battery (one per pole that requires power for RRFB unit(s))


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4. Wireless Transceiver Radio (one per pole that requires power for RRFB unit(s)) 5. Solar Panel (one per pole that requires power for RRFB unit(s)) 6. Push button (one per pole) The light intensity of the vehicle indications must meet the minimum specifications of Society of Automotive Engineers (SAE) standard J595 (Directional Flashing Optical Warning Devices for Authorized Emergency, Maintenance, and Service Vehicles) dated November 2008. Manufacturer Certification of Compliance must be provided upon request.

When activated, all indications associated with a given crosswalk (including those with an advance crossing sign, if used) must simultaneously commence operation of their alternating rapid flashing within 120 msec, and must cease operation at a predetermined time after the pedestrian actuation.

The Pedestrian indication must be directed at and visible to pedestrians in the crosswalk, and it must flash concurrently with the vehicle indications to give confirmation that the RRFB is in operation.

The system must include an actuation counter providing data that can be downloaded on-site to a laptop computer using DB9 or USB type cables.

The locations of RRFB elements shown are approximate; the Engineer determines the final location.

Submit catalog and installation information for:

1. Type A: Single sided RRFB will contain three rectangular rapid flashing yellow LED indications, two on the side facing traffic, and one on the end facing pedestrians in the cross walk.

2. Type B: Two sided RRFB will contain six rectangular indications, two on each side facing traffic, and one indication on each end, visible to pedestrians in the cross walk.

87-13.02 Light Bar Housing and Indications The Light Bar housing must be constructed of durable, corrosion-resistant powder-coated aluminum with stainless steel fasteners.

Enclosed components must be modular in design whereby any component can be easily replaced using common hand tools, without having to remove the housing from the pole.

All mounting hardware required for mounting the Light Bar housing must be provided, and must be stainless steel.

Each of the two vehicle RRFB LED indications must be approximately 7.25" wide x 3" high.

A pedestrian LED indication, approximately 0.5" wide x 2.5" high, must be side-mounted in the Light Bar housing to be directed at and visible to pedestrians in the crosswalk.

The LEDs used must be rated for a minimum 15-year life span.


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87-13.03 Controller The Controller must be:

1. housed in a NEMA 3R rated aluminum enclosure, intended for indoor or outdoor use, primarily to provide a degree of protection against corrosion, windblown dust and rain, splashing water, hose-directed water, and damage from ice formation.

2. reconfigurable if future CA-MUTCD or State guidelines specify a different flash pattern.

3. capable of storing input count data in preset intervals, with downloadable capabilities using optional Windows-based PC software program and standard RS232 programming cable.

4. in the unlikely event of failure, replaceable independently of other components.

The LED light outputs and flash pattern must be completely programmable, with the capability to actuate RRFB-XL, RRFB, round LED signal beacons and LED-enhanced signs.

The flashing output must have 70 to 80 periods of flashing per minute, during which one of the yellow indications must emit two medium pulses of light and the other yellow indication must emit four short rapid pulses of light followed by a long pulse. The output current must be maintained as programmed for the duration of the pulse. The flashing output must be programmable.

87-13.04 Battery The Battery must:

1. be a 12VDC Absorbed Glass Mat (AGM) sealed lead-acid, maintenance-free battery.

2. be rated at 45AH minimum and must conform to Battery Council International (BCI) specifications.

3. be solar-charged with a capacity up to 30 days of autonomy without sunlight, varying with ambient temperature and number of activations.

4. be replaceable independently of other components. 5. have a minimum operating temperature range of -76º to 140ºF (-60º to 60ºC).

87-13.05 Wireless Transceiver Radio Radio control must be solar-powered, operating on a FCC-approved 900 MHz frequency, hopping spread spectrum network with a normal operating range of 1000 feet.

Radios must provide wireless communication between the Assemblies to integrate the pushbutton activation of indications.

To ensure all integral indications consistently flash in unison, the Radio must synchronize the Controllers to activate the indications within 120msec of one other and remain synchronized throughout the duration of the flashing cycle.

Radio systems must operate from 3.6 VDC to 15VDC

The Radio must:


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1. be, in the unlikely event of failure, replaceable independently of other components. 2. have a minimum operating temperature range of -30ºF to 165ºF (-34.4º to 73.8ºC).

87-13.06 Solar Panel The Solar Panel must:

1. provide 55 watts at peak total output. 2. be affixed to an aluminum plate and bracket, adjustable at an angle of 45°-60° to

facilitate adjustment for maximum solar collection and optimal battery strength. 3. have a minimum operating temperature range of -40º to 185ºF (-40º to 85ºC). 4. be rated for 90mph wind conditions

The Solar Panel Assembly (panel, plate and bracket) must be mounted on a 360º rotatable pole cap mount, to facilitate adjustment for maximum solar collection and optimal battery strength.

87-13.07 Signs and Plaques All signs must conform to CA-MUTCD standards.

All sign blanks and plaques must be Federally specified .080 gauge, 5052 aluminum.

Unless specified otherwise, sign sheeting must be 3M™ DG3 diamond grade cubed or equivalent prismatic sheeting, with anti-graffiti overlay.

All sign assemblies must use provided anti-vandal fasteners and tools to mount components to sign, and sign to fixture.

Crossing signs must be W11-2, S1-1 or W11-15 per CA-MUTCD

Crossing plaques W16-7P must also accompany the crossing signs.

Pedestrian pushbutton instruction signs (R10-25) must be furnished, at a minimum size of 5" x 7", to be mounted adjacent to or integral with each pedestrian pushbutton.

87-13.08 Accessible Pedestrian Signal (APS) Pushbutton The Push Button must be:

1. capable of continuous operation within a temperature range of -30º to 165ºF (-34º to 74ºC).

2. be ADA compliant, and must operate as a normally open (n/o) circuit.

Replace "Reserved" in section 87-14 of the RSS for section 87 with: 87-14 VIDEO DETECTION SYSTEM 87-14.01 General Section 87-14 includes specifications for furnishing and installing video detection systems.


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87-14.02 Materials 87-14.02A General 87-14.02A(1) System Hardware The video detection system (VDS) must consist of up to four color video cameras, a video detection processor (VDP) capable of processing from one to four video sources, rack mounted 15” LCD color monitor, and a pointing device.

87-14.02A(2) System Software The system must include software that detects vehicles in multiple lanes using only the video image. Detection zones must be defined using only an on board video menu and a pointing device to place the zones on a video image. Up to 24 detection zones per camera view must be available. A separate computer must not be required to program the detection zones. Any required upgrades for the system software must be supplied and installed by the vendor at no cost to the City.

87-14.02B Functional Capabilities 87-14.02B(1) Available System Configuration The VDS will be deployed at locations where site conditions and roadway geometry vary. The VDS system may also be deployed at locations where existing cabinets or equipment exist. Existing site configurations will dictate the availability of cabinet space and VDS usage.

The proposed VDS must be available in various configurations to allow maximum deployment flexibility. Each configuration must have identical user interface for system setup and configuration. The communications protocol to each configuration must be identical and must be hardware platform independent. The proposed VDS must have multiple configurations available for deployment.

87-14.02B(2) System Interfaces The following interfaces must be provided for each of the configurations shown in the following table:

VDS Configuration Description No. Video

Inputs No. Video Outputs

Mounting Configuration

Power Supply Requirements

Single-Channel Rack Mounted

1 1 Rack Mount (Type 170 or NEMA TS-1,

TS-2 Racks)

12/24 VDC Power From Rack

Dual-Channel Rack Mounted


TS-2 Racks)


Quad-Channel Rack Mounted


TS-2 Racks)



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1. Video Input: Each video input must accept RS170 (NTSC) or CCIR (PAL) signals from an external video source (camera sensor or VCR). The interface connector must be BNC type and must be located on the front of the video processing unit. The video input must have the capability to select 75-ohm or high impedance (Hi-Z) termination.

2. Video Lock LED: A LED indicator must be provided to indicate the presence of the video signal. The LED must illuminate upon valid video synchronization and turn off when the presence of a valid video signal is removed.

3. Video Output: One video output must be provided. The video output must be RS170 or CCIR compliant and must pass through the input video signal. For multi-channel video input configurations, a momentary push-button must be provided on the front panel to toggle through each input video channel. In the absence of a valid video signal, the channel must be skipped and the next valid video signal must be switched. The video output must have the capability to show text and graphical overlays to aid in system setup. The overlays must display real-time actuation of detection zones upon vehicle detection or presence. Overlays must be able to be turned off by the user. Control of the overlays and video switching must also be provided through the serial communications port. The video output interface connector must be BNC type.

4. Serial Communications: A serial communications port must be provided on the front panel. The serial port must compliant with EIA232 electrical interfaces and must use a DB9 type connector. The serial communications interface must allow the user to remotely configure the system and/or to extract calculated vehicle/roadway information. The interface protocol must be documented or interface software must be provided at no cost to the City. The interface protocol must support multi-drop or point-to-multipoint communications. Each VDS must have the capability to be addressable.

5. Contact Closure Output : Open collector contact closure outputs must be provided. Four (4) open collector outputs must be provided for the single, dual or quad channel rack-mount configuration. Additionally, the VDPs must allow the use of extension modules to provide up to 24 open collector contact closures per camera input. Each open collector output must be capable of sinking 30 mA at 24 VDC. The open collector output will be used for vehicle detection indicators as well as discrete outputs for alarm conditions.

6. Detection LEDs: LEDs must be provided on the front panel. The LEDs must illuminate when a contact closure output occurs. Rack-mounted video processors must have a minimum of four (4) LEDs. Rack-mounted extension modules must have two (2) or four (4) LEDs to indicate detection.

7. Mouse Port: A USB mouse port must be provided on the front panel of the rack mount video processing unit. The mouse port must not require special mouse software drivers. The mouse port must be used as part of system setup and configuration. A mouse must be provided with each video processor.

87-14.02B(3) General System Functions Detection zones must be programmed via an on board menu displayed on a video monitor and a pointing device connected to the VDP. The menu must facilitate placement of detection zones and setting of zone parameters or to view system


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parameters. A separate computer must not be required for programming detection zones or to view system operation.

The VDP must:

1. Store up to three different detection zone patterns. The VDP can switch to any one of the three different detection patterns within 1 second of user request via menu selection with the pointing device.

2. Detect vehicles in real time as they travel across each detection zone. 3. Have an EIA232 port for communications with an external computer. The VDP

EIA232 port must be multi-drop capable. 4. Accept new detection patterns from an external computer through the EIA232 port

when the external computer uses the correct communications protocol for downloading detection patterns. A Windows™-based software designed for local or remote connection and providing video capture, real-time detection indication and detection zone modification capability must be provided with the system.

5. Send its detection patterns to an external computer through the EIA232 port when requested when the external computer uses the correct communications protocol for uploading detection patterns.

6. Default to a safe condition, such as a constant call on each active detection channel, in the event of unacceptable interference with the video signal.

The system must be capable of automatically detecting a low-visibility condition such as fog and respond by placing all defined detection zones in a constant call mode. A user-selected output must be active during the low-visibility condition that can be used to modify the controller operation if connected to the appropriate controller input modifier(s). The system must automatically revert to normal detection mode when the low-visibility condition no longer exists.

87-14.02C Vehicle Detection 87-14.02C(1) Detection Zones Up to 24 detection zones per camera input must be supported and each detection zone can be sized to suit the site and the desired vehicle detection region.

87-14.02C(2) Detection Outputs The VDP must provide up to 24 open collector output channels per camera input using one or more extension modules.

A single detection zone must be able to replace multiple inductive loops and the detection zones must be OR'ed as the default or may be AND'ed together to indicate vehicle presence on a single phase of traffic movement.

Placement of detection zones must be done by using only a pointing device, and a graphical interface built into the VDP and displayed on a video monitor, to draw the detection zones on the video image from each video camera. No separate computer must be required to program the detection zones.


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Up to 3 detection zone patterns must be saved for each camera within the VDP memory. The VDP's memory must be non-volatile to prevent data loss during power outages.

The selection of the detection zone pattern for current use must be done through a menu. It must be possible to activate a detection zone pattern from VDP memory and have that detection zone pattern displayed within 1 second of activation.

When a vehicle is detected crossing a detection zone, the corners of the detection zone must illuminate on the video overlay display to confirm the detection of the vehicle.

Detection must be at least 98% accurate in good weather conditions, with slight degradation possible under adverse weather conditions (e.g. rain, snow, or fog) which reduce visibility. Detection accuracy is dependent upon site geometry, camera placement, camera quality and detection zone location, and these accuracy levels do not include allowances for occlusion or poor video due to camera location or quality.

The VDP must provide dynamic zone reconfiguration (DZR). DZR enables normal operation of existing detection zones when one zone is being added or modified during the setup process. The VDP must output a constant call on any detector channel corresponding to a zone being modified.

Detection zone setup must not require site specific information such as latitude and longitude to be entered into the system.

The VDP must process the video input from each camera at 30 frames per second. Multiple camera processors must process all video inputs simultaneously.

The VDP must output a constant call for each enabled detector output channel if a loss of video signal occurs. The VDP must output a constant call during the background learning period.

Detection zone outputs must be configurable to allow the selection of presence, pulse, extend, and delay outputs. Timing parameters of pulse, extend, and delay outputs must be user definable between 0.1 to 25.0 seconds.

Up to six detection zones per camera view must have the capability to count the number of vehicles detected. The count value must be internally stored for later retrieval through the EIA232 port. The data collection interval must be user definable in periods of 5, 15, 30 or 60 minutes.

87-14.02D VDP HARDWARE 87-14.02D(1) General The VDP and extension module (EM) must be specifically designed to mount in a standard detector rack, using the edge connector to obtain power and provide contact closure outputs. No adapters must be required to mount the VDP or EM in a standard detector rack. Detector rack rewiring must not be required.

The EM must be available to avoid the need of rewiring the detector rack, by enabling the user to plug an extension module into the appropriate slot in the detector rack. The extension module must be connected to the VDP by a 8 wire cable with modular


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connectors, and must output contact closures in accordance with user selectable channel assignments. The EM is available in 2, 4, or 24 channel configurations.

87-14.02D(2) Input Power The VDP and EM must be powered by 12/24 volts DC. VDP power consumption must not exceed 7 watts. The EM power consumption must not exceed 2.5 watts.

87-14.02D(3) Detection Outputs The VDP and EM must include detector output pin out compatibility with industry standard detector racks.

87-14.02D(4) Video Inputs VDPs must include one, two or four BNC video input connections suitable for composite video inputs. The video input must include a switch selectable 75-ohm or high impedance termination to allow camera video to be routed to other devices, as well as input to the VDP for vehicle detection

87-14.02D(5) Video Outputs The front of the VDP must include one BNC video output providing real time video output that can be routed to other devices.

87-14.02D(6) Mechanical The VDP must operate satisfactorily in a temperature range from -34 °C to +74 °C and a humidity range from 0%RH to 95%RH, non-condensing as set forth in NEMA specifications.

The front panel of the VDP must have detector test switches to allow the user to place calls on each channel. The test switch must be able to place either a constant call or a momentary call depending on the position of the switch.

The front face of the VDP must contain indications, such as LED displays, to enable the user to view real time detections for each channel of detection when the system is operational.

The VDP must include an EIA232 port for serial communications with a remote computer. This port must be a 9-pin "D" subminiature connector on the front of the VDP.

The VDP must utilize non-volatile memory technology to enable the loading of modified or enhanced software through the EIA232 port and without modifying the VDP hardware.

87-14.02E Camera The video cameras used for traffic detection must be manufactured and furnished by the VDP supplier and must be qualified by the supplier to ensure proper system operation.

The camera must produce a useable video image of the bodies of vehicles under all roadway lighting conditions, regardless of time of day. The minimum range of scene luminance over which the camera must produce a useable video image must be the


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minimum range from nighttime to daytime, but not less than the range 1.0 lux to 10,000 lux.

The camera must use a CCD sensing element and must output color video with a resolution of not less than 470 lines.

The camera must include an electronic shutter control based upon average scene luminance and must be equipped with a factory adjusted manual iris or auto-iris lens.

The camera must include a variable focal length lens with variable focus that can be adjusted, without opening up the camera housing, to suit the site geometry by means of a portable interface device designed for that purpose and manufactured by the detection system supplier. The horizontal field of view must be adjustable from 5.8 to 44.3 degrees minimum. A single camera configuration must be used for all approaches in order to minimize the setup time and spares required by the user. An optional fixed focal wide angle lens must also be available. The horizontal field of view for the wide angle lens must be 60 degrees minimum.

The camera electronics must include AGC to produce a satisfactory image at night.

The camera must be housed in a weather-tight sealed enclosure. The user must be able to rotate the housing in the field to allow proper alignment between the camera and the traveled road surface.

The camera enclosure must be equipped with a sunshield. The sunshield must include a provision for water diversion to prevent water from flowing in the camera's field of view. The camera enclosure with sunshield must be less than 6" diameter, less than 18" long, and must weigh less than 6 pounds when the camera and lens are mounted inside the enclosure.

The camera enclosure must include a proportionally controlled heater to assure proper operation of the lens shutter at low temperatures and prevent moisture condensation on the optical faceplate of the enclosure.

When mounted outdoors in the enclosure, the camera must operate satisfactorily in a temperature range from -34 °C to +60 °C and a humidity range from 0% RH to 100% RH.

The camera must be powered by 120-240 VAC 50/60 Hz. The camera must have a 12 VDC option for battery/solar application. Power consumption must be 45 watts or less under all conditions.

Recommended camera placement height must be 33 feet (or 10 meters) above the roadway, and over the traveled way on which vehicles are to be detected. For optimum detection the camera should be centered above the traveled roadway. The camera must view approaching vehicles at a distance not to exceed 350 feet for reliable detection (height to distance ratio of 10:100). Camera placement and field of view (FOV) must be unobstructed and as noted in the installation documentation provided by the supplier.


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The camera enclosure must be equipped with separate, weather-tight connections for power and setup video cables at the rear of the enclosure. These connections may also allow diagnostic testing and viewing of video at the camera while the camera is installed on a mast arm or pole using a lens adjustment module (LAM) supplied by the VDP supplier. Video and power must not be connected within the same connector.

The video signal output by the camera must be color meeting NTSC and PAL format standards.

The video signal must be fully isolated from the camera enclosure and power cabling.

87-14.03 Construction 87-14.03A General The coaxial cable to be used between the camera and the VDP in the traffic cabinet must be Belden 8281. This cable must be suitable for installation in conduit or overhead with appropriate span wire. 75-ohm BNC plug connectors must be used at both the camera and cabinet ends. The coaxial cable, BNC connector, and crimping tool must be approved by the manufacturer of the video detection system, and the manufacturer's instructions must be followed to ensure proper connection.

The power cabling must be #16 AWG three conductor cable with a minimum outside diameter of 0.325 inch and a maximum diameter of 0.490 inch. The cabling must comply with the National Electric Code, as well as local electrical codes.

The video detection camera must be installed by factory-certified installers as recommended by the supplier and documented in installation materials provided by the supplier. Proof of factory certification must be provided.

87-14.03B Limited Warranty The supplier must provide a limited three-year warranty on the video detection system.

During the warranty period, technical support must be available from the supplier via telephone within 4 hours of the time a call is made by a user, and this support must be available from factory-certified personnel or factory-certified installers.

87-14.03C Maintenance and Support The supplier must maintain an adequate inventory of parts to support maintenance and repair of the video detection system. These parts must be available for delivery within 30 days of placement of an acceptable order at the supplier's then current pricing and terms of sale for said parts.

The supplier must maintain an ongoing program of technical support for the video detection system. This technical support must be available via telephone, or via personnel sent to the installation site.

Installation or training support must be provided by a factory-authorized representative and must be a minimum IMSA-Level II Traffic Signal Technician certified.

All product documentation must be written in the English language.


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87-14.04 Payment Not Used

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^


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DIVISION XI MATERIALS 90 CONCRETE

Add to section 90-1.02C(1): All concrete aggregates must comply with ASTM C33 including the Appendix X1 testing for potential alkali-silica (ASR) and alkali-carbonate reactive (ACR). Test results must be current within the last 12 months and be submitted with the mix design.

Add to section 90-1.02H: Concrete for the Bon Air Road Bridge, approach slabs and retaining walls is in a corrosive environment.

Add a calcium nitrite corrosion inhibitor admixture to concrete at the minimum amount of 2.5 gallons/cubic yard to provide additional corrosion protection.

Cementitious material must be composed of one of the following, by weight:

1. 20 percent natural pozzolan or fly ash with a CaO content of up to 10 percent, 5 percent silica fume, and 75 percent portland cement

2. 12 percent silica fume, and 88 percent portland cement

The ratio of the quantity of free water to the quantity of cementitious material must not exceed 0.40.

^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^^


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REVISED STANDARD SPECIFICATIONS DATED 7-21-2017

APPLICABLE TO THE 2015 EDITION

OF THE STANDARD SPECIFICATIONS


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Section 700 - Technical Specifications Page 239

REVISED STANDARD SPECIFICATIONS DATED

Revised Standard Specification (RSS) are not included in these special provisions. The RSS dated 7-21-2017 are considered part of the Contract Documents and are available for download at: http://www.dot.ca.gov/hq/esc/oe/construction_standards


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Section 800 - Project Plans Page 240

SECTION 800 - PROJECT PLANS


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SECTION 800 - PROJECT PLANS TO BE INSERTED HERE


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Appendix A - Bidder's Federal Aid Instructions and Forms Page A-1

APPENDIX A – BIDDER'S FEDERAL AID

INSTRUCTIONS AND FORMS


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APPENDIX A - BIDDER'S FEDERAL AID INSTRUCTIONS AND FORMS

PROMPT PAYMENT OF FUNDS WITHHELD TO SUBCONTRACTORS The agency shall hold retainage from the prime contractor and shall make prompt and regular incremental acceptances of portions, as determined by the agency, of the contract work, and pay retainage to the prime contractor based on these acceptances. The prime contractor, or subcontractor, shall return all monies withheld in retention from a subcontractor within 30 days after receiving payment for work satisfactorily completed and accepted including incremental acceptances of portions of the contract work by the agency. Federal law (49CFR26.29) requires that any delay or postponement of payment over 30 days may take place only for good cause and with the agency’s prior written approval. Any violation of this provision shall subject the violating prime contractor or subcontractor to the penalties, sanctions and other remedies specified in Section 7108.5 of the Business and Professions Code. These requirements shall not be construed to limit or impair any contractual, administrative, or judicial remedies otherwise available to the prime contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or noncompliance by a subcontractor.

FORM FHWA-1273 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONTRACTS


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FHWA-1273 -- Revised May 1, 2012

REQUIRED CONTRACT PROVISIONS

FEDERAL-AID CONSTRUCTION CONTRACTS

I. General

II. Nondiscrimination

III. Nonsegregated Facilities

IV. Davis-Bacon and Related Act Provisions

V. Contract Work Hours and Safety Standards Act Provisions

VI. Subletting or Assigning the Contract

VII. Safety: Accident Prevention

VIII. False Statements Concerning Highway Projects

IX. Implementation of Clean Air Act and Federal Water Pollution Control Act

X. Compliance with Governmentwide Suspension and Debarment Requirements

XI. Certification Regarding Use of Contract Funds for Lobbying

ATTACHMENTS

A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only)

I. GENERAL

1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services).

The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.

Form FHWA-1273 must be included in all Federal-aid design-build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider.

Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract).

2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract.

3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA.

4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor

performed by convicts who are on parole, supervised release, or probation. The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors.

II. NONDISCRIMINATION

The provisions of this section related to 23 CFR Part 230 are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts.

In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625-1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.

The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3.


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Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633.

The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements.

1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO:

a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract.

b. The contractor will accept as its operating policy the following statement:

"It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship, pre-apprenticeship, and/or on-the-job training."

2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so


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3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum:

a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer.

b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor.

c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women.

d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees.

e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means.

4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived.

a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration.

b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or

obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions.

c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees.

5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed:

a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel.

b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices.

c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons.

d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal.

6. Training and Promotion:

a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved.

b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as


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indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a).

c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each.

d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion.

7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below:

a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment.

b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability.

c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information.

d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency.

8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship.

9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract.

a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract.

b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations.

10. Assurance Required by 49 CFR 26.13(b):

a. The requirements of 49 CFR Part 26 and the State DOT’s U.S. DOT-approved DBE program are incorporated by reference.

b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate.

11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA.

a. The records kept by the contractor shall document the following:

(1) The number and work hours of minority and non-minority group members and women employed in each work classification on the project;


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(2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and

(3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women;

b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non-minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July.

III. NONSEGREGATED FACILITIES

This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more.

The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes.

IV. DAVIS-BACON AND RELATED ACT PROVISIONS

This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects.

The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters”

with minor revisions to conform to the FHWA-1273 format and FHWA program requirements.

1. Minimum wages

a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.

Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis-Bacon poster (WH–1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.

b. (1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:

(i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and

(ii) The classification is utilized in the area by the construction industry; and

(iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

(2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department

http://www.fhwa.dot.gov/eforms/


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of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.

(3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.

(4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.

c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.

d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

2. Withholding

The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

3. Payrolls and basic records

a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a

period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee ( e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency..

(2) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:

(i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete;

(ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3;


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(iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.

(3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH–347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(2) of this section.

(4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code.

c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.

4. Apprentices and trainees

a. Apprentices (programs of the USDOL).

Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice.

The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the

contractor's or subcontractor's registered program shall be observed.

Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination.

In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

b. Trainees (programs of the USDOL).

Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration.

The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration.

Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.

In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30.


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d. Apprentices and Trainees (programs of the U.S. DOT).

Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program.

5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract.

6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5.

7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.

8. Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract.

9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.

10. Certification of eligibility.

a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).

c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.

V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT

The following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards.

1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section.

3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section.

4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section.

VI. SUBLETTING OR ASSIGNING THE CONTRACT


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This provision is applicable to all Federal-aid construction contracts on the National Highway System.

1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116).

a. The term “perform work with its own organization” refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions:

(1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees;

(2) the prime contractor remains responsible for the quality of the work of the leased employees;

(3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and

(4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements.

b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract.

2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions.

3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract.

4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract.

5. The 30% self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements.

VII. SAFETY: ACCIDENT PREVENTION

This provision is applicable to all Federal-aid construction contracts and to all related subcontracts.

1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract.

2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704).

3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704).

VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS


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In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA-1022 shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project:

18 U.S.C. 1020 reads as follows:

"Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or

Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or

Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented;

Shall be fined under this title or imprisoned not more than 5 years or both."

IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT


By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows:

1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act.

2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements.

X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION

This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200.

1. Instructions for Certification – First Tier Participants:

a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below.

b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction.

c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default.

d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is


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submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances.

e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).

f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction.

g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold.

h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration.

i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is

suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default.

* * * * *

2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – First Tier Participants:

a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals:

(1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency;

(2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and

(4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default.

b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

2. Instructions for Certification - Lower Tier Participants:

(Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200)

a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below.

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b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances.

d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers).

e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold.

g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration.

h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

* * * * *

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants:

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

* * * * *

XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING

This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20).

1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:

a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment,

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or modification of any Federal contract, grant, loan, or cooperative agreement.

b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.

2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly.


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FEDERAL TRAINEE PROGRAM For the Federal training program, the number of trainees or apprentices is 12.

This section applies if a number of trainees or apprentices is specified in the special provisions.

As part of your equal opportunity affirmative action program, provide on-the-job training to develop full journeymen in the types of trades or job classifications involved.

You have primary responsibility for meeting this training requirement.

If you subcontract a contract part, determine how many trainees or apprentices are to be trained by the subcontractor.

Include these training requirements in your subcontract.

Where feasible, 25 percent of apprentices or trainees in each occupation must be in their 1st year of apprenticeship or training.

Distribute the number of apprentices or trainees among the work classifications on the basis of your needs and the availability of journeymen in the various classifications within a reasonable recruitment area.

Before starting work, submit to the City/County of Larkspur:

1. Number of apprentices or trainees to be trained for each classification 2. Training program to be used 3. Training starting date for each classification

Obtain the City/County's of Larkspur approval for this submitted information before you start work. The City/County of Larkspur credits you for each apprentice or trainee you employ on the work who is currently enrolled or becomes enrolled in an approved program.

The primary objective of this section is to train and upgrade minorities and women toward journeymen status. Make every effort to enroll minority and women apprentices or trainees, such as conducting systematic and direct recruitment through public and private sources likely to yield minority and women apprentices or trainees, to the extent they are available within a reasonable recruitment area. Show that you have made the efforts. In making these efforts, do not discriminate against any applicant for training.

Do not employ as an apprentice or trainee an employee:

1. In any classification in which the employee has successfully completed a training course leading to journeyman status or in which the employee has been employed as a journeyman

2. Who is not registered in a program approved by the US Department of Labor, Bureau of Apprenticeship and Training

Ask the employee if the employee has successfully completed a training course leading to journeyman status or has been employed as a journeyman. Your records must show the employee's answers to the questions.


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In your training program, establish the minimum length and training type for each classification. The City/County of Larkspur and FHWA approves a program if one of the following is met:

1. It is calculated to: Meet the your equal employment opportunity responsibilities Qualify the average apprentice or trainee for journeyman status in the

classification involved by the end of the training period 2. It is registered with the U.S. Department of Labor, Bureau of Apprenticeship and

Training, and it is administered in a way consistent with the equal employment responsibilities of Federal-aid highway construction contracts

Obtain the State's approval for your training program before you start work involving the classification covered by the program.

Provide training in the construction crafts, not in clerk-typist or secretarial-type positions. Training is allowed in lower level management positions such as office engineers, estimators, and timekeepers if the training is oriented toward construction applications. Training is allowed in the laborer classification if significant and meaningful training is provided and approved by the division office. Off-site training is allowed if the training is an integral part of an approved training program and does not make up a significant part of the overall training.

The City/County of Larkspur reimburses you 80 cents per hour of training given an employee on this contract under an approved training program:

1. For on-site training 2. For off-site training if the apprentice or trainee is currently employed on a

Federal-aid project and you do at least one of the following: Contribute to the cost of the training Provide the instruction to the apprentice or trainee Pay the apprentice's or trainee's wages during the off-site training period

3. If you comply this section. Each apprentice or trainee must:

1. Begin training on the project as soon as feasible after the start of work involving the apprentice's or trainee's skill

2. Remain on the project as long as training opportunities exist in the apprentice's or trainee's work classification or until the apprentice or trainee has completed the training program

Furnish the apprentice or trainee: 1. Copy of the program you will comply with in providing the training 2. Certification showing the type and length of training satisfactorily completed


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TITLE VI ASSURANCES During the performance of this Agreement, the contractor, for itself, its assignees and successors in interest (hereinafter collectively referred to as CONTRACTOR) agrees as follows:

(1) Compliance with Regulations: CONTRACTOR shall comply with the regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the REGULATIONS), which are herein incorporated by reference and made a part of this agreement.

(2) Nondiscrimination: CONTRACTOR, with regard to the work performed by it during the AGREEMENT, shall not discriminate on the grounds of race, color, sex, national origin, religion, age, or disability in the selection and retention of sub-applicants, including procurements of materials and leases of equipment. CONTRACTOR shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the agreement covers a program set forth in Appendix B of the Regulations.

(3) Solicitations for Sub-agreements, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by CONTRACTOR for work to be performed under a Sub-agreement, including procurements of materials or leases of equipment, each potential sub-applicant or supplier shall be notified by CONTRACTOR of the CONTRACTOR’S obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin.

(4) Information and Reports: CONTRACTOR shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the California Department of Transportation or FHWA to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of CONTRACTOR is in the exclusive possession of another who fails or refuses to furnish this information, CONTRACTOR shall so certify to the California Department of Transportation or the FHWA as appropriate, and shall set forth what efforts CONTRACTOR has made to obtain the information.

(5) Sanctions for Noncompliance: In the event of CONTRACTOR’s noncompliance with the nondiscrimination provisions of this agreement, the California Department of Transportation shall impose such agreement sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: (a) withholding of payments to CONTRACTOR under the Agreement within a

reasonable period of time, not to exceed 90 days; and/or (b) cancellation, termination or suspension of the Agreement, in whole or in part.

(6) Incorporation of Provisions: CONTRACTOR shall include the provisions of paragraphs (1) through (6) in every sub-agreement, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto.

CONTRACTOR shall take such action with respect to any sub-agreement or procurement as the California Department of Transportation or FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance, provided, however, that, in the event


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CONTRACTOR becomes involved in, or is threatened with, litigation with a sub-applicant or supplier as a result of such direction, CONTRACTOR may request the California Department of Transportation enter into such litigation to protect the interests of the State, and, in addition, CONTRACTOR may request the United States to enter into such litigation to protect the interests of the United States.


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EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION

The bidder_________________________________________________________________, proposed

subcontractor _______________________________________________, hereby certifies that he has ___ ,

has not , participated in a previous contract or subcontract subject to the equal opportunity clauses, as

required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint

Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government

contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all

reports due under the applicable filling requirements.

Note: The above certification is required by the Equal Employment Opportunity Regulations of the Secretary of Labor (41 CFR 60-1.7(b) (1)), and must be submitted by bidders and proposed subcontractors only in connection with contracts and subcontracts which are subject to the equal opportunity clause. Contracts and subcontracts which are exempt from the equal opportunity clause are set forth in 41 CFR 60-1.5. (Generally only contracts or subcontracts of $10,000 or under are exempt.)

Currently, Standard Form 100 (EEO-1) is the only report required by the Executive Orders or their implementing regulations.

Proposed prime contractors and subcontractors who have participated in a previous contract or subcontract subject to the Executive Orders and have not filed the required reports should note that 41 CFR 60-1.7(b) (1) prevents the award of contracts and subcontracts unless such contractor submits a report covering the delinquent period or such other period specified by the Federal Highway Administration or by the Director, Office of Federal Contract Compliance, U.S. Department of Labor.


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NONLOBBYING CERTIFICATION

FOR FEDERAL-AID CONTRACTS

The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that:

(l) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement.

(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure of Lobbying Activities," in conformance with its instructions.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

The prospective participant also agrees by submitting his or her bid or proposal that he or she shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such subrecipients shall certify and disclose accordingly.


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DISCLOSURE OF LOBBYING ACTIVITIES

COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352

1. Type of Federal Action:

2. Status of Federal Action:

3. Report Type:

a. contract

a. contract

a. bid/offer/application

a. bid/offer/application

a. initial

a. initial b. grant b. initial award b. material change

c. cooperative agreement c. post-award

d. loan For Material Change Only:

e. loan guarantee year____ quarter _______

f. loan insurance date of last report ________

4. Name and Address of Reporting Entity 5. If Reporting Entity in No. 4 is Subawardee,

Enter Name and Address of Prime:

Prime Subawardee

Tier _____ , if known

Congressional District, if known Congressional District, if known

6. Federal Department/Agency: 7. Federal Program Name/Description:

CFDA Number, if applicable _________________

8. Federal Action Number, if known: 9. Award Amount, if known:

10. a. Name and Address of Lobby Entity b. Individuals Performing Services (including

(If individual, last name, first name, MI) address if different from No. 10a)

(last name, first name, MI)

+


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(attach Continuation Sheet(s) if necessary)

11. Amount of Payment (check all that apply) 13. Type of Payment (check all that apply)

$ ____________ actual planned a. retainer

b. one-time fee

12. Form of Payment (check all that apply): c. commission

a. cash d. contingent fee

b. in-kind; specify: nature __________ e deferred

value ___________ f. other, specify ______________________

14. Brief Description of Services Performed or to be performed and Date(s) of Service, including

officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 11:

(attach Continuation Sheet(s) if necessary)

15. Continuation Sheet(s) attached: Yes No

16. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature: ___________________________________

Print Name: __________________________________

Title:________________________________________

Telephone No.: _________________ Date: _________

Authorized for Local Reproduction

Federal Use Only: Standard Form - LLL

Standard Form LLL Rev. 09-12-97


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INSTRUCTIONS FOR COMPLETION OF SF-LLL,

DISCLOSURE OF LOBBYING ACTIVITIES

This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of covered Federal action or a material change to previous filing pursuant to title 31 U.S.C. section 1352. The filing of a form is required for such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered Federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information.

1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence, the outcome of a covered Federal action.

2. Identify the status of the covered Federal action.

3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last, previously submitted report by this reporting entity for this covered Federal action.

4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the first tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants.

5. If the organization filing the report in Item 4 checks "Subawardee" then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known.

6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organization level below agency name, if known. For example, Department of Transportation, United States Coast Guard.

7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans and loan commitments.

8. Enter the most appropriate Federal identifying number available for the Federal action identification in item 1 (e.g., Request for Proposal (RFP) number, Invitation for Bid (IFB) number, grant announcement number, the contract grant. or loan award number, the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP-DE-90-001."

9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitments for the prime entity identified in item 4 or 5.

10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influenced the covered Federal action.

(b) Enter the full names of the individual(s) performing services and include full address if different from 10 (a). Enter Last Name, First Name and Middle Initial (Ml).

11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned). Check all boxes that apply. If this is a material change report, enter the cumulative amount of payment made or planned to be made.

12. Check the appropriate box. Check all boxes that apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment.


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13. Check the appropriate box. Check all boxes that apply. If other, specify nature.

14. Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the date(s) of any services rendered. Include all preparatory and related activity not just time spent in actual contact with Federal officials. Identify the Federal officer(s) or employee(s) contacted or the officer(s) employee(s) or Member(s) of Congress that were contacted.

15. Check whether or not a continuation sheet(s) is attached.

16. The certifying official shall sign and date the form, print his/her name title and telephone number.

Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instruction, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348-0046), Washington, D.C. 20503. SF-LLL-Instructions Rev. 06-04-90«ENDIF»


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EXHIBIT 15-G CONSTRUCTION CONTRACT DBE COMMITMENT

1. Local Agency: 2. Contract DBE Goal:

3. Project Description:

4. Project Location:

5. Bidder's Name: 6. Prime Certified DBE: 7. Bid Amount:

8. Total Dollar Amount for ALL Subcontractors: 9. Total Number of ALL Subcontractors:

10. Bid Item

Number

11. Description of Work, Service, or Materials Supplied

12. DBE Certification

Number

13. DBE Contact Information (Must be certified on the date bids are opened)

14. DBE

Dollar Amount

Local Agency to Complete this Section

15. TOTAL CLAIMED DBE PARTICIPATION

$ 21. Local Agency Contract Number:

22. Federal-Aid Project Number:

%

23. Bid Opening Date:

24. Contract Award Date:

IMPORTANT: Identify all DBE firms being claimed for credit, regardless of tier. Names of the First Tier DBE Subcontractors and their respective item(s) of work listed above must be consistent, where applicable with the names and items of the work in the "Subcontractor List" submitted with your bid. Written confirmation of each listed DBE is required.

Local Agency certifies that all DBE certifications are valid and information on this form is complete and accurate.

25. Local Agency Representative's Signature 26. Date

16. Preparer's Signature 17. Date

27. Local Agency Representative's Name 28. Phone

18. Preparer's Name

19. Phone

29. Local Agency Representative's Title 20. Preparer's Title


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DISTRIBUTION: 1. Original – Local Agency

2. Copy – Caltrans District Local Assistance Engineer (DLAE). Failure to submit to DLAE within 30 days of contract execution may result in de-obligation of federal funds on contract. Include additional copy with award package.

ADA Notice: For individuals with sensory disabilities, this document is available in alternate formats. For information call (916) 654-6410 or TDD (916) 654-3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.

INSTRUCTIONS – CONSTRUCTION CONTRACT DBE COMMITMENT

CONTRACTOR SECTION

1. Local Agency - Enter the name of the local or regional agency that is funding the contract.

2. Contract DBE Goal - Enter the contract DBE goal percentage as it appears on the project advertisement.

3. Project Location - Enter the project location as it appears on the project advertisement.

4. Project Description - Enter the project description as it appears on the project advertisement (Bridge Rehab, Seismic Rehab, Overlay, Widening, etc).

5. Bidder’s Name - Enter the contractor’s firm name.

6. Prime Certified DBE - Check box if prime contractor is a certified DBE.

7. Bid Amount - Enter the total contract bid dollar amount for the prime contractor.

8. Total Dollar Amount for ALL Subcontractors – Enter the total dollar amount for all subcontracted contractors. SUM = (DBEs + all Non-DBEs). Do not include the prime contractor information in this count.

9. Total number of ALL subcontractors – Enter the total number of all subcontracted contractors. SUM = (DBEs + all Non-DBEs). Do not include the prime contractor information in this count.

10. Bid Item Number - Enter bid item number for work, services, or materials supplied to be provided.

11. Description of Work, Services, or Materials Supplied - Enter description of work, services, or materials to be provided. Indicate all work to be performed by DBEs including work performed by the prime contractor’s own forces, if the prime is a DBE. If 100% of the item is not to be performed or furnished by the DBE, describe the exact portion to be performed or furnished by the DBE. See LAPM Chapter 9 to determine how to count the participation of DBE firms.

12. DBE Certification Number - Enter the DBE’s Certification Identification Number. All DBEs must be certified on the date bids are opened.

13. DBE Contact Information - Enter the name, address, and phone number of all DBE subcontracted contractors. Also, enter the prime contractor’s name and phone number, if the prime is a DBE.

14. DBE Dollar Amount - Enter the subcontracted dollar amount of the work to be performed or service to be provided. Include the prime contractor if the prime is a DBE. See LAPM Chapter 9 for how to count full/partial participation.

15. Total Claimed DBE Participation - $: Enter the total dollar amounts entered in the “DBE Dollar Amount” column. %: Enter the total DBE participation claimed (“Total Claimed DBE Participation Dollars” divided by item “Bid


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Amount”). If the total % claimed is less than item “Contract DBE Goal,” an adequately documented Good Faith Effort (GFE) is required (see Exhibit 15-H DBE Information - Good Faith Efforts of the LAPM).

16. Preparer’s Signature - The person completing the DBE commitment form on behalf of the contractor’s firm must sign their name.

17. Date - Enter the date the DBE commitment form is signed by the contractor’s preparer.

18. Preparer’s Name - Enter the name of the person preparing and signing the contractor’s DBE commitment form.

19. Phone - Enter the area code and phone number of the person signing the contractor’s DBE commitment form.

20. Preparer’s Title - Enter the position/title of the person signing the contractor’s DBE commitment form.

LOCAL AGENCY SECTION

21. Local Agency Contract Number - Enter the Local Agency contract number or identifier.

22. Federal-Aid Project Number - Enter the Federal-Aid Project Number.

23. Bid Opening Date - Enter the date contract bids were opened.

24. Contract Award Date - Enter the date the contract was executed.

25. Local Agency Representative’s Signature - The person completing this section of the form for the Local Agency must sign their name to certify that the information in this and the Contractor Section of this form is complete and accurate.

26. Date - Enter the date the DBE commitment form is signed by the Local Agency Representative.

27. Local Agency Representative’s Name - Enter the name of the Local Agency Representative certifying the contractor’s DBE commitment form.

28. Phone - Enter the area code and phone number of the person signing the contractor’s DBE commitment form.

29. Local Agency Representative Title - Enter the position/title of the Local Agency Representative certifying the contractor’s DBE commitment form.


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EXHIBIT 15-H DBE INFORMATION —GOOD FAITH EFFORTS DBE INFORMATION - GOOD FAITH EFFORTS

The (City/County of) established a Disadvantaged Business Enterprise (DBE) goal of 10% for this project. The information provided herein shows that a good faith effort was made. Lowest, second lowest and third lowest bidders shall submit the following information to document adequate good faith efforts. Bidders should submit the following information even if the “Local Agency Bidder DBE Commitment” form indicates that the bidder has met the DBE goal. This will protect the bidder’s eligibility for award of the contract if the administering agency determines that the bidder failed to meet the goal for various reasons, e.g., a DBE firm was not certified at bid opening, or the bidder made a mathematical error. Submittal of only the “Local Agency Bidder DBE Commitment” form may not provide sufficient documentation to demonstrate that adequate good faith efforts were made. The following items are listed in the Section entitled “Submission of DBE Commitment” of the Special Provisions:

A. The names and dates of each publication in which a request for DBE participation for this project was placed by the bidder (please attach copies of advertisements or proofs of publication):

Publications Dates of Advertisement _________________________________________________________________ _________________________________________________________________ _________________________________________________________________

B. The names and dates of written notices sent to certified DBEs soliciting bids for this project and the

dates and methods used for following up initial solicitations to determine with certainty whether the DBEs were interested (please attach copies of solicitations, telephone records, fax confirmations, etc.):

Names of DBEs Solicited Date of Initial Solicitation

Follow Up Methods and Dates

___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________


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C. The items of work which the bidder made available to DBE firms including, where appropriate, any

breaking down of the contract work items (including those items normally performed by the bidder with its own forces) into economically feasible units to facilitate DBE participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate DBE participation was made available to DBE firms.

Items of Work Bidder Normally

Performs Item (Y/N)

Breakdown of Items

Amount ($)

Percentage Of

Contract _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________

D. The names, addresses and phone numbers of rejected DBE firms, the reasons for the bidder's rejection

of the DBEs, the firms selected for that work (please attach copies of quotes from the firms involved), and the price difference for each DBE if the selected firm is not a DBE:

Names, addresses and phone numbers of rejected DBEs and the reasons for the bidder's rejection of

the DBEs:

_______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________

Names, addresses and phone numbers of firms selected for the work above: _______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________

E. Efforts made to assist interested DBEs in obtaining bonding, lines of credit or insurance, and any

technical assistance or information related to the plans, specifications and requirements for the work which was provided to DBEs:

_______________________________________________________________ _______________________________________________________________ _______________________________________________________________ _______________________________________________________________


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F. Efforts made to assist interested DBEs in obtaining necessary equipment, supplies, materials or related assistance or services, excluding supplies and equipment the DBE subcontractor purchases or leases from the prime contractor or its affiliate: ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________

G. The names of agencies, organizations or groups contacted to provide assistance in contacting, recruiting

and using DBE firms (please attach copies of requests to agencies and any responses received, i.e., lists, Internet page download, etc.):

Name of Agency/Organization Method/Date of Contact Results ____________________________________________________________________________________ ____________________________________________________________________________________

H. Any additional data to support a demonstration of good faith efforts (use additional sheets if

necessary): ______________________________________________________________________________ ______________________________________________________________________________

NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY.


v3, 07/15/15

Appendix A – Bidder's Federal Aid Instructions And Forms Page A-38

FEDERAL MINIMUM

WAGE RATES

See the Caltrans Homepage on the internet for the current rates at http://www.dot.ca.gov or contact your District Local Assistance Engineer for a hard copy.