HomeMy WebLinkAbout07-30-2009 Supplemental Council AgendaSARATOGA CITY COUNCIL
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MEETING DATE: July 30, 2009 AGENDA ITEM:
DEPARTMENT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: Macedonio Nunez DIRECTOR: John Cherbone
Associate Engineer
SUBJECT: Saratoga Ave Overlay and Rehabilitation Project ESPL 5332(014) Award of
Construction Contract.
RECOMMENDED ACTION:
1. Move to declare C.F. Archibald Paving, Inc. of Redwood City to be the lowest responsible bidder on
the project.
2. Move to award a construction contract to C.F. Archibald Paving, Inc. in the amount of $701,786.
3. Move to authorize staff to execute change orders to the contract up to $50,000.
REPORT SUMMARY:
On February 10, the United States Senate passed an $838 billion economic recovery bill, The American
Recovery and Reinvestment Act (ARRA) of 2009. Subsequently, Public Works staff applied for and
received approval for Tier 1 ARRA funds for repaving work on Saratoga Avenue in the amount of
$714,000. The limits of the Tier 1 project on Saratoga Ave are Scotland Dr to Ranfre Ln and Cox Ave to
the north City Limits. The scope of work includes.furnishing all materials, equipment, and labor to
perform asphalt overlay work and re -stripe segments of Saratoga Ave.
Sealed bids for the Saratoga Ave Overlay and Rehabilitation Project were opened on Tuesday, July 28`
A total of six contractors submitted bids and a summary of the bids received is attached (Attachment 1).
C.F. Archibald Paving, Inc. of Redwood City submitted the lowest responsible bid of $727,722.50 which
is 8% below the Engineer's Estimate of $792,1 19.50. Bid amounts were competitive and quite favorable
because of the economy. Staff has carefully checked the bid along with the listed references and has
determined that the bid is responsive to the Notice Inviting Sealed Bids dated July 1st, 2009.
The funding source for this project is The American Recovery and Reinvestment Act of 2009 which does
not require a local match. Part of the requirements for this project to be eligible for federal funding is the
submittal of specific federal documents with the bid. Since this is a federal funded project an
°Underutilized Disadvantage Business Enterprises (UDBEs) project goal is required. A Disadvantage
Business Enterprises (DBE) is small business at least 51% owned and controlled by a social
economically disadvantaged individual.
This project requires a UDBE commitment from the bidder. The two required UDBE documents that are
required to be turned in with the bid are the Exhibit 15 -G1 and 15 -H. The two lowest bidders were non-
responsive in submitting these two specific documents and therefore their bids were deemed incomplete.
Page 1 of 2
The lowest responsive bidder that met and submitted all of the required documents during the bid
opening is C.F. Archibald Paving, Inc.
The budget for this project is the following;
Original Grant amount $714,100
Required Material Testing $10,000
Advertising Cost $2,213
Construction Budget $701,786
C.F. Archibald Paving, Inc. original bid is $727,722.50, but Public Works Staff will reduce contract
quantities to reduce the contract amount to $701,786. It is therefore recommended that C.F. Archibald
Paving, Inc. be the lowest responsible bidder on the project, and to award a construction contract to this
firm in the amount of $701,786.
Further, it is recommended that the Council authorize staff to execute change orders to the contract up to
an amount of 550,000 to cover any unforeseen circumstances and address additional work, which may
arise during the course of the project.
FISCAL IMPACTS:
The American Recovery and Reinvestment Act of 2009 does not require a local match and the grant will
cover the cost of construction, material testing and advertising. The recommended change order amount
of $50,000 can be funded from the City's Street Maintenance Fund.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
C.F. Archibald Paving, Inc. will not be declared the lowest responsible bidder and a construction contract
will not be awarded to that firm. The Council may make specific findings to declare another bidder to be
the lowest responsible bidder, or reject all of the bids and direct staff to re -bid the entire project.
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
The contract will be executed and the contractor will be issued a Notice to Proceed. Work will begin as
soon as possible, and be completed by within 20 working days.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
1. Bid Summary
2. Construction Contract
Page 2 of 2
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SARATOGA AVENUE OVERLAY
AND REHABILITATION
PROJECT
FEDERAL PROJECT ESPL 5332(014)
Approved by: tted,97.4.1c
Macedonio Nunez, P.E.
Associate Engineer
City of Saratoga Public Works
R.C.E. No 67482, LIC. EXP. 06 -30 -11
Date: 7///C9
City of Saratoga
13777 Fruitvale Avenue
Saratoga, CA 95070
(408) 868 -1239
CITY OF SARATOGA
CONTRACT DOCUMENTS
FOR
SARATOGA AVENUE OVERLAY AND REHABILITATION PROJECT
FEDERAL PROJECT ID: ESPL 5332(014)
KEY BID DATES (For informational purposes only, subject to change
without notice)
KEY BID DATES
Date Issued .July 1 2009
Requests for Equals /Clarifications Due July 21 2009
Bids Due July 28 2009
Council Award .July 30 2009
Notice to Proceed .August 3 2009
Table of Contents
NOTICE INVITING BIDS 3
SCOPE AND LOCATION OF WORK 5
INSPECTION OF WORK SITE 5
EXAMINATION OF CONTRACT DOCUMENTS 5
REPORT OF ERRORS AND OMISSIONS 6
INTERPRETATION OF CONTRACT DOCUMENTS 6
BIDS 6
ADDENDA 8
BID PRICES 8
TAXES 8
EXPERIENCE OF BIDDERS 8
LISTS OF SUBCONTRACTORS 9
BID GUARANTY 9
MODIFICATION OF BID 9
POSTPONEMENT OF OPENING 9
NON COLLUSION AFFIDAVIT 9
DISQUALIFICATION OF BIDDER 10
REJECTION OF BIDS 10
RELIEF OF BIDDERS 10
COMPLETING AND SIGNING FORMS 10
DEBARRED CONTRACTORS AND SUBCONTRACTORS 10
PRIOR APPROVAL OF SUBSTITUTIONS "APPROVED EQUALS 10
PREVAILING WAGE AND APPRENTICESHIP 11
BID PROTEST PROCEDURES 12
SECTION GC -1 DEFINITIONS AND TERMS 13
SECTION GC -2 BID REQUIREMENTS AND CONDITIONS 14
SECTION GC -3 AWARD AND EXECUTION OF CONTRACT 15
SECTION GC -4 SCOPE OF WORK 17
SECTION GC -5 CONTROL OF WORK 18
SECTION GC -6 CONTROL OF MATERIALS 22
SECTION GC -7 LEGAL RELATIONS AND RESPONSIBILITY 24
SECTION GC -8 PROSECUTION AND PROGRESS 37
SECTION GC -9 MEASUREMENT AND PAYMENT 41
SECTION GC -10 DUST CONTROL 44
SECTION GC -11 RESERVED 44
SECTION GC -12 DIFFERING SITE CONDITIONS 44
SECTION GC -13 ARCHAEOLOGICAL EXAMINATION 45
UNCONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT 48
UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT 49
SPECIAL CONDITIONS... 50
CONTRACT FOR CONSTRUCTION 74
REQUIRED CERTIFICATION 80
BIDDERS CHECKLIST 81
CITY OF SARATOGA
SARATOGA AVENUE OVERLAY AND REHABILITATION PROJECT
SUCCESSFUL BIDDER CHECKLIST 81
CONTRACTOR'S CERTIFICATE REGARDING WORKER'S COMPENSATION 82
STATE CONTRACT PROVISIONS 94 118
LOCAL AGENCY BIDDER -UDBE COMMITMENT (CONSTRUCTION CONTRACTS)
INFORMATION (LOCAL ASSISTANCE PROCEDURES MANUAL Exhibit 15 -G (1)) 110
LOCAL AGENCY BIDDER -DBE INFORMATION (CONSTRUCTION CONTRACTS)
INFORMATION (LOCAL ASSISTANCE PROCEDURES MANUAL Exhibit 15 -G (2)) 114
DISADVANTAGE BUSINESS ENTERPRISES (DBE) CERTIFICATION STATUS CHANGE
(LOCAL ASSISTANCE PROCEDURES MANUAL EXHIBIT 17 -0) 117
EXHIBIT 15 -H UDBE INFORMATION -GOOD FAITH EFFORTS (LOCAL ASSISTANCE
PROCEDURES MANUAL EXHIBIT 15 -H) 120
FINAL REPORT UTILIZATION OF DISADVANTAGE BUSINESSES (LOCAL ASSISTANCE
PROCEDURES MANUAL EXHIBIT 17 -F) 124
BIDDER'S LIST (49 CFR, Part 26.11) (LOCAL ASSISTANCE PROCEDURES MANUAL
EXHIBIT 12 -G) 127
AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) FUNDS REQUIRED
PROVISIONS (LOCAL ASSISTANCE PROCEDURES MANUAL EXHIBIT 12 -E Attachment
0) 130
FEDERAL CONTRACT PROVISIONS 134 —147
FEDERAL WAGE DECISION 148 —186
ATTACHMENTS:
TECHNICAL SPECIFICATIONS
APPENDIX A: CONSTRUCTION DETAILS
APPENDIX B: LOCATION MAP AND LIMITS OF PROJECT
ii
NOTICE INVITING BIDS
SARATOGA AVENUE OVERLAY AND REHABILITATION PROJECT
FEDERAL PROJECT ID: ESPL 5332(014)
SEALED BIDS will be received by the CITY OF SARATOGA (CITY) until July
28 2009 at 10:00 am for the SARATOGA AVENUE OVERLAY AND
REHABILITATION PROJECT. Sealed bids shall be submitted addressed and
noted as follows:
John Cherbone, Public Works Director
City of Saratoga
13777 Fruitvale Ave.
Saratoga, CA 95070
Sealed Bid for SARATOGA AVENUE OVERLAY AND REHABILITATION
PROJECT: ESPL 5332(014)
All bids must be accompanied by bidder's security in accordance with California
Public Contract Code Sections 20170 et seq.
Following the closure of the bid submittal period, bids will be publicly opened and
read for performing work as follows:
Furnishing all labor, equipment, and performing all work necessary and
incidental to the construction of the project known as SARATOGA
AVENUE OVERLAY AND REHABILITATION PROJECT according to
drawings and specifications as prepared by City of Saratoga and
according to the Contract Documents. The work to be done consists of
supplying all labor, methods or processes, implements, tools, machinery,
and equipment to install asphalt overlays, striping and other work not
specifically mentioned herein, but which may be required as directed by
CITY or its designated representative.
CITY hereby notifies all Bidders that this project is federally funded,
and particular attention should be paid to the Federal and State
requirements for construction. All required Federal and State
required information must be provided in order for the bid to be
considered conforming. These sections are located in the back
portion of the bid documents. The Underutilized Disadvantage
Business Enterprises (UDBEs) goal for this project is 2.86
Project is to be completed within 20 working days from the date
specified in the Notice to Proceed. The Contractor shall pay to the
City of Saratoga the sum of three hundred dollars ($300.00) for
3
each and every calendar day's delay in finishing the work in excess
of the calendar day completion time.
Bidders may obtain copies of the bidding documents at the Saratoga Public
Works Department; Phone: (408) 868 -1239. There is no charge for the bid
documents for this project. Send requests for project drawings and specifications
to City of Saratoga; 13777 Fruitva[e Avenue; Saratoga, California 95070; Attn:
Public Works Director.
Pursuant to California Labor Code Section 1771, the successful bidder and all
subcontractors shall pay not less than the prevailing rate of per diem wages as
determined by the Director of the California Department of Industrial Relations.
Copies of such prevailing rate of per diem wages are available for view at the
City of Saratoga Department of Public Works.
Pursuant to California Public Contract Code Section 22300, the Contractor may,
at its option, choose to substitute securities for monies earned by the Contractor
and retained by CITY to ensure the performance of the Contract.
Pursuant to California Public Contract Code Section 3300, City has determined
that the Contractor shall possess a valid General Engineering Contractor License
at the time that the bid is submitted. Failure to possess the specified license
shall render the bid non responsive.
The successful bidder will be required to furnish a payment bond in the amount
equal to one hundred percent (100 of the Contract Price, as well as a faithful
performance bond, in the amount equal to one hundred percent (100 of the
Contract Price. The bonds shall be on the forms included in the Contract
Documents.
The successful bidder shall insure that employees and applicants for
employment are not discriminated against on the basis of age, color, race,
national origin, ancestry, religion, sex, sexual preference, or marital status, and
shall comply with the Americans with Disabilities Act.
Bids will be examined and reported to the City of Saratoga City Council (Council)
at a meeting within thirty (30) days of the bid opening. CITY reserves the right to
reject any and all bids, or to waive any irregularities or informalities in any bid or
in the bidding procedure, or to postpone the bid opening or award for good
cause. No Bidder may withdraw its bid for a period of five calendar days after the
date of opening of the bids. Each bidder will be notified of award of contract, if
award is made. Contract Documents, Forms of Bid and any questions
concerning this bid should be addressed to Public Works Director, City of
Saratoga, (408) 868 -1239.
CITY OF SARATOGA
Office of the Clerk
July 1 2009
4
INFORMATION FOR BIDDERS
SARATOGA AVENUE OVERLAY AND REHABILITATION PROJECT
SCOPE AND LOCATION OF WORK
The work to be performed under this contract consists of the furnishing of all
labor, materials, plant, equipment and services for the construction of the Project,
complete, and in satisfactory operating condition, all as shown on the Contract
Documents and/or as specified herein. The work is to be performed in the City of
Saratoga, County of Santa Clara.
INSPECTION OF WORK SITE
Bidders are required to inspect the site of the work in order to satisfy themselves,
by personal examination or by such other means as they may prefer, of the
location of the proposed work and the actual conditions of and at the site.
Bidders may apply to the Director of Public Works for additional information and
explanation before submitting bids. However, no supplemental information
requested or furnished shall vary the terms of the Contract Documents or affect
the Contractor's sole responsibility to satisfy itself as to the conditions of the work
to be performed. No claim for additional compensation will be allowed which is
based upon a lack of knowledge of the actual conditions or location of the Work.
Submission of a bid by the bidder shall constitute acknowledgment that, if
awarded the contract, the bidder has relied and is relying on its own examination
of (a) the site of the work; (b) access to the site; (c) all other data, matters, and
things requisite to the fulfillment of the work, including but not limited to the
availability of labor and materials; and (d) its own knowledge of existing facilities
on and in the vicinity of the site of the Project and not on any representation or
warranty by City or its agents of the above items. Removal, relocation, or
protection of existing public utilities not identified by City shall be done in
conformance with California Government Code Section 4215.
EXAMINATION OF CONTRACT DOCUMENTS
Each bidder shall thoroughly examine and be familiar with legal and procedural
documents, general conditions, specifications, drawings and addenda (if any).
Submission of a bid shall constitute acknowledgment, upon which City may rely,
that the bidder has thoroughly examined and is familiar with the Contract
Documents. Failure or neglect of a bidder to receive or examine any of the
Contract Documents shall in no way relieve the bidder of any obligation with
respect to its bid or to the Contract. No claim for additional compensation will be
allowed which is based upon a lack of knowledge of any Contract Documents.
5
REPORT OF ERRORS AND OMISSIONS
Bidder shall review architectural and/or engineering plans and specifications, if
any, prior to submission of the bid, and report any errors and omissions noted by
the bidder to the Director of Public Works. The review by the Contractor shall be
confined to the Contractor's capacity as a contractor, and not as a licensed
design professional.
INTERPRETATION OF CONTRACT DOCUMENTS
No oral representation or interpretations will be made to any bidders as to the
meaning of the Contract Documents. Requests for interpretation shall be made
in writing and delivered to the Director of Public Works at least ten (10) working
days before the time announced for opening the bids. Interpretations, where
necessary, will be made in the form of an addendum to the Contract Documents
and, when issued, will be sent as promptly as is practical to all parties to whom
the bid documents have been issued. All such addenda shall become part of the
Contract.
Requests for information before or after the award of contract shall be directed
to:
John Cherbone
Director of Public Works
13777 Fruitvale Avenue, CA 95070
(408) 868 -1239; Fax (408) 868 -1281
It shall also be the bidder's responsibility to call to the attention of Director of
Public Works any missing pages in the Contract Documents, including the
addenda. These items shall be brought to the attention of Director of Public
Works in writing, at least one week prior to the bid opening date.
BIDS
Bids shall be made on the blank forms prepared by City, which may be removed
from the bound Contract Documents. All bids shall include, in the space
provided, all information requested, shall be signed by the bidder or an
authorized representative thereof, and shall include the bidder's business
address.
Bidders must prepare and submit all required documents.
Bids must be accompanied by security in accordance with California Public
Contract Code Sections 20170 et seq.
If the bid is made by an individual, his or her name, signature, and business
address shall be shown.
6
If the bid is made by a firm or partnership, the name and business address of the
firm or partnership and the signature of at least one of the general partners shall
be shown.
If the bid is made by a corporation, the bid shall show the name of the
corporation and the state(s) in which the corporation is incorporated; the name
and business address of the corporation's local agent; and the signature of at
least one officer authorized to sign on behalf of the corporation. Additionally, the
bid shall include a document empowering the signatory or signatories to execute
the bid and to bind the corporation.
If the bid is made by a joint venture, the bid shall be signed by at least one of the
joint venture firms in a format meeting with the requirements outlined above.
Additionally, the bid shall include a document empowering the signatory or
signatories to execute the bid and to bind the joint venture.
Every contractor, other than a joint venture, who submits a bid, must at the time
the bid is submitted have a California Contractor's License in good standing. The
license shall be in the class or classes specified in the Contract Documents. Any
bid from an unlicensed contractor, other than those persons exempt under
California Business Professions Code Section 7028.15, shall be non-
responsive and shall be rejected. Section 7028.15 makes it a misdemeanor for
any person without a valid contractor's license (with specified exceptions) to
submit a bid to act as a contractor to a public agency. The penalties on a bidder
violating these provisions are severe.
Each bid shall be enclosed in a sealed envelope, labeled and delivered to the
Director of Public Works at the address above. Bidders are warned against
making erasures or alterations of any kind, without initialing each and every such
change. Bids that contain uninitialed erasures, alterations or irregularities of any
kind, or omissions, may be rejected. No oral, telegraphic, or telephone (including
facsimile) bids or modifications will be considered.
Each bidder shall submit with its bid a statement setting forth its experience and
qualifications on the forms included in the Contract and Bidding Documents.
Telephones will not be available to bidders for the preparation of the bids or for
calling in bid results. Bid forms received after the designated time will not be
accepted. Bidders and their authorized agents are invited to attend the bid
opening.
No bidder may withdraw its bid for a period of sixty (60) days after the date set
for the opening of bids.
City reserves the right to reject any or all bids; to make any awards or any
rejections in what it alone considers to be in the 'best interest of City, and to
waive any informalities or irregularities in the bids.
ADDENDA
Each bid shall include specific acknowledgment (in the space provided) of the
receipt of all addenda issued during the bidding period. A bidder's failure to
acknowledge all addenda may result in the bid being rejected as not responsive.
BID PRICES
Bid prices shall include everything necessary for the completion of construction
and fulfillment of the contract, including but not limited to furnishing all
transportation, materials, equipment, tools, excavation, utilities, sheeting,
shoring, bracing and supports, plant and other facilities, and all management,
superintendence, permits, labor and services, except as may be provided
otherwise in the Contract Documents.
In the event that the product of a unit price and an estimated quantity does not
equal the extended amount quoted, the unit price shall govern and the correct
product of the unit price and the estimated quantity shall be deemed to be the
amount bid. If the sum of the individual items does not equal the total base price,
the individual item totals shall govern and the corrected sum shall be deemed to
be the total base bid.
Where there is a conflict between words and figures, the words shall govern and
the figures shall be disregarded.
TAXES
Bid prices shall include all applicable federal, state, and local taxes.
EXPERIENCE OF BIDDERS
At the time of bidding, and throughout the period of the contract, each bidder
shall be licensed under the provisions of the California Business and Professions
Code to do the type of work contemplated for the project. The license
classification shall be a Class A (General Engineering Contractor).
It is the intention of City to award a contract, if at all, to the lowest responsive
responsible bidder who demonstrates the attributes of trustworthiness, as well as
quality, fitness (including financial qualifications), capacity and experience to
enable it to prosecute the work successfully and properly, and to complete the
work within the time period named in the Contract Documents.
To determine the degree of responsibility to be credited to the bidder, City will
weigh any evidence that the bidder has performed satisfactorily other contracts of
like nature and magnitude, and comparable difficulty and rates of progress, to the
Work. City shall have sole discretion to determine what contracts are of like
nature and magnitude, and comparable difficulty and rates of progress. City may
reject bids from Contractors who cannot satisfactorily prove the experience and
qualifications outlined in paragraph 10 hereof.
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LISTS OF SUBCONTRACTORS
On the forms provided, each bidder shall list the name and address of each
subcontractor to whom the bidder proposes to sublet portions of the work in
excess of one -half of one percent of the total amount of the bid or $10,000,
whichever is greater. For the purpose of this paragraph, a subcontractor is
defined as anyone who contracts with the Contractor to furnish materials and
labor or labor only, and /or one who specially fabricates and/or installs a portion of
the work or improvement according to detailed drawings contained in the
Contract Documents. All listings and subsequent substitutions, if any, shall be
done in conformance with the Subletting and Subcontracting Fair Practices Act,
California Public Contract Code Section 4100 et seq.
BID GUARANTY
The bid shall be accompanied by a bid guaranty bond duly completed by a
corporate surety authorized to conduct business in the State of California
payable to the City of Saratoga in the sum of at least ten percent (10 of the
total amount of the bid. The bond shall be on the form included in the Contract
Documents. Alternatively, a certified or cashier's check, payable to the City of
Saratoga, in the sum of at least ten percent (10 of the total amount of the bid
may be substituted for the bid guaranty bond. The amount payable to the City of
Saratoga under the bid guaranty bond, or the certified or cashier's check, as the
case may be, shall be forfeited to City as liquidated damages in the case of the
failure or neglect of the successful bidder to furnish, execute, and deliver to City
the required performance and payment bonds and evidences of insurance,
and/or to enter into, execute, and deliver to City the Agreement on the form
provided herewith, within ten (10) days after being notified in writing by City that
the award has been made.
MODIFICATION OF BID
Modification of a bid already received will be considered only if the modification is
received prior to the deadline for receiving bids. All modifications shall be made
in writing, executed, and submitted in the same form and manner as the original
bid.
POSTPONEMENT OF OPENING
City reserves the right to postpone the date and time for receiving and /or opening
of bids at any time prior to the date and time established in the Notice Inviting
Bids. Pursuant to Public Contract Code Section 4104.5, the City shall extend the
date and time for closing of submission of bids (the "bid deadline by no less
than seventy -two (72) hours in the event that CITY issues any material changes,
additions, or deletions to the bidding documents later than seventy -two (72)
hours prior to the bid deadline.
NON COLLUSION AFFIDAVIT
California Public Contract Code Section 7106 requires that each bidder execute
a Noncollusion Affidavit on all public works contracts. Bidder shall execute the
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Noncollusion Affidavit included with the Contract Documents and submit it to City
with the bid.
DISQUALIFICATION OF BIDDER
If there is a reason to believe that collusion exists among any of the bidders,
none of the bids of the participants in such collusion will be considered, and City
may choose to reject all bids received.
REJECTION OF BIDS
City reserves the right to reject any bids which are incomplete, obscure, or
irregular; any bids which omit a bid on any one or more items for which bids are
required; any bids which omit unit prices if unit prices are required; any bids in
which unit prices are unbalanced in the opinion of City; any bids accompanied by
insufficient or irregular bid guaranty; and any bids from bidders who has been
delinquent or unfaithful in any former contract with City. City reserves the right to
reject defective bids or to waive technical defects, as the interests of City may
require.
RELIEF OF BIDDERS
Attention is directed to the provisions of California Public Contract Code Section
5100, et seq., concerning relief of bidders, and in particular to the requirement
therein that if a bidder claims a mistake was made in its bid, the bidder shall give
City written notice of the alleged mistake within five (5) calendar days after the
opening of the bids, specifying in the notice, in detail, how the mistake occurred.
COMPLETING AND SIGNING FORMS
The Bidder's attention is directed to the forms included in the Contract
Documents, which must be completed and signed. FAILURE TO PROPERLY
COMPLETE AND SIGN ANY FORMS MAY BE CAUSE FOR REJECTION OF A
BID.
DEBARRED CONTRACTORS AND SUBCONTRACTORS
No contractor or subcontractor who is ineligible to bid or work on, or be awarded,
a public works contract under California Labor Code Sections 1777.1 or 1777.7
can bid on, be awarded or perform work as a subcontractor on the Project. The
Contractor is prohibited from letting work on the Project to a subcontractor who is
ineligible to perform work on a public works project under these sections of the
Labor Code.
PRIOR APPROVAL OF SUBSTITUTIONS "APPROVED EQUALS
Bidders wishing to obtain prior approval of a substitution for a specified material
or system (an "approved equal shall submit all required documentation in
compliance with procedures established in the Contract Documents. Any
request for an approved equal must be fully supported with technical data, test
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results, or other pertinent information as evidence that the substitute offered is
equal to or better than the specification requirement.
Prior approval requests must be received by City, in writing, at least ten (10)
business days prior to bid deadline. If City determines the requested material or
system is equal to that specified, City will notify the Bidders prior to time for
submitting bids. City's failure to notify the Bidders of an approved equal shall be
deemed a rejection of the requested substitution.
PREVAILING WAGE AND APPRENTICESHIP
In accordance with California Labor Code Section 1771, all contractors and
subcontractors on this public work project shall pay not less than current
prevailing wage rates as determined by the California Department of Industrial
Relations "DIR All contractors and subcontractors on this public work project
shall comply with the requirements of California Labor Code Sections 1777.5 and
1777.6 in the employment of apprentices.
Questions regarding general prevailing wage rates should be directed to:
Department of Industrial Relations
Division of Labor Statistics and Research
P.O. Box 420603
San Francisco, CA 94142 -0603
Phone: (415) 703 -4774
Questions pertaining to apprenticeship crafts should be directed to:
Department of Industrial Relations
Division of Apprenticeship Standards
P.O. Box 420603
San Francisco, CA 94142 -0603
Phone: (415) 703 -4920
Information is also available at the Department of Industrial Relations' website:
http: /twww.dir,ca.gov
Any contractor who is awarded a public works contract is not relieved of the
obligation to pay prevailing wage rates for any craft or classification not listed in
the General Determinations or in any Special Determination. If a contractor
intends to use a craft or classification not listed in the General Determinations or
existing Special Determinations, he or she must notify CITY no later than forty
five (45) days before the bid deadline and request a Special Determination. If no
determination has been made at the time the contract is awarded, the contractor
shall pay the prevailing wage rate of the craft or classification most closely
related to the craft or classification used.
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All prevailing wage rates are subject to modification pursuant to Important
Notices issued by the DIR's Division of Labor Statistics and Research and recent
union contract negotiations.
BID PROTEST PROCEDURES
These procedures apply to all procurement actions, whether by sealed bid,
request for bid or sole source, and regardless of the stage of the procurement
process at which the protest is filed.
Any protest relating to the form or content of the bidding or contract documents
must be submitted in writing to Public Works Director at 13777 Fruitvale Avenue,
Saratoga, CA 95010 no later than ten (10) working days before the bid deadline.
Any person who submits a bid shall be deemed to have waived any protest to the
form or content of the proposal documents.
Any protest relating to any particular proposal or the award of the contract must
be submitted in writing to Public Works Director. The protest must be received
no later than ten (10) working days after the basis of protest is known or should
have been known, whichever is earlier.
The initial protest document shall contain a complete statement of the basis for
the protest.
The protest shall refer to the specific portion(s) of the proposal documents which
forms the basis for the protest.
The protest shall include the name, business address and telephone number of
the person representing the protesting party.
The party filing the protest shall concurrently transmit a copy of the initial protest
document and any attached documentation to all other parties who have a direct
financial interest that may be adversely affected by the outcome of the protest.
Such parties shall include all other bidders who appear to have a reasonable
prospect of receiving an award depending upon the outcome of the protest. The
documents shall be transmitted by fax or overnight mail.
The procedure and time limits set forth in this section are mandatory and are the
sole and exclusive remedy in the event of protest. Failure to comply with these
procedures shall constitute a waiver of any right to further pursue the protest,
including filing a Government Code claim or instituting legal proceedings
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Business day see "working day" below
GENERAL CONDITIONS
SARATOGA AVENUE OVERLAY AND REHABILITATION PROJECT
SECTION GC -1 DEFINITIONS AND TERMS
Whenever in the Contract Documents the following terms are used, the intent and meaning
shall be interpreted as follows (unless noted otherwise):
Agreement the written instruments comprising the complete and integrated contract
between the City of Saratoga and the Contractor.
Calendar day a period of twenty -four (24) hours measured from midnight to the next
midnight, If not otherwise specified in the Agreement, days shall be presumed to be
calendar days.
Caltrans Standard Specifications Standard Specifications for Construction of Local Streets
and Roads issued by the State of California, Department of Transportation, 2002 edition.
Any reference therein to a State agency or officer shall be interpreted as if the
corresponding City of Saratoga office or officer acting under this contract were so specified.
All metric measurements or quantities in the Caltrans Standard Specifications shall be
disregarded, and equivalent United States measures used.
Caltrans Standard Plans Standard Plans for Construction of Local Streets and Roads
issued by the State of California, Department of Transportation, current edition. All metric
measurements or quantities in the Caltrans Standard Plans shall be disregarded, and
equivalent United States measures used.
Contractor the individual or entity with whom City has entered into the Agreement.
Council The City of Saratoga City Council, the governing body of the City of Saratoga.
County Santa Clara County, California.
City the City of Saratoga.
Engineer The Director of Public Works of the City of Saratoga, acting either directly or
through properly authorized agents, such agents acting within the scope of the particular
duties entrusted to them.
Laboratory The designated laboratory authorized by the City of Saratoga to test materials
and work involved in the contract.
Work
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Working day a period comprising the normal working hours of the day and further defined
in Section 8 -1.06 "Time of Completion of the Caltrans Standard Specifications.
Other terms appearing in the Contract Documents shall have the intent and meaning
specified in Section 1 "Definitions and Terms of the Caltrans Standard Specifications.
SECTION GC -2 BID REQUIREMENTS AND CONDITIONS
A. APPROXIMATE QUANTITY ESTIMATE
The quantities given in the Notice Inviting Bids and in the bid and contract forms are
approximate only, being given as a basis for the comparison of bids, and CITY does not,
expressly or by implication, agree that the actual amount of work will correspond therewith,
but reserves the right to increase or decrease the amount of any class or portion of the
Work, or to omit portions of the Work, as may be deemed necessary or advisable by the
Director of Public Works.
B. EXAMINATION OF PLANS, SPECIFICATIONS, CONTRACT, AND SITE OF WORK
The bidder shall examine carefully the site of work contemplated and all Contract
Documents, including all bid and contract forms incorporated by reference therein. The
submission of a bid shall be conclusive evidence that the bidder has investigated and is
satisfied as to the 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 bid, plans, specifications, and the contract. If, during the course of its
examination, a bidder finds facts or conditions which appear to be in conflict with the letter
or spirit of the project plans and specifications, the bidder shall contact CITY for additional
information and explanation before submitting its bid. Any request for information must be
submitted at least ten (10) working days before the time announced for opening the bids, if
any.
C. QUESTIONS DURING BIDDING
Any questions regarding the Contract Documents or bid forms shall be directed to the
person listed in the Information For Bidders. All questions must be submitted at least ten
(10) working days before the original bid deadline.
D. ADDENDA
When CITY deems it necessary, addenda may be issued to the Contract Documents to
amend, clarify or correct matter contained therein. Such addenda shall constitute a part of
the Contract Documents and shall be equally binding with them. Addenda shall be
forwarded to all prospective bidders when such addenda are issued prior to receipt of bids.
Bidder must acknowledge all addenda on the bid form. Failure to acknowledge all addenda
issued will render the bid nonresponsive.
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E. BID FORM
All bids must be submitted upon blank forms provided in the Contract Documents. Bids
shall include all applicable taxes that the Contractor is required to pay. All bids must give
the prices proposed and must be signed by the bidder and include bidder's business
address. If the bid is made by an individual, his name and business address must be
shown. If made by a firm or partnership, the name and business address of each member
of the firm or partnership must be shown, If made by a corporation, the bid must show the
name of the state(s) in which the bidder is incorporated and the names, titles, and business
addresses of the corporation's president, secretary, and treasurer. All bids shall be
submitted as directed in the Notice Inviting Bids under sealed cover plainly marked as a
bid, and identifying the project to which the bid relates and the date of the bid opening
therefor. Bids which are not properly marked may be disregarded.
F. PUBLIC OPENING OF BIDS
Bids will be opened and read publicly at the time and place indicated in Notice Inviting Bids.
Bidders or their authorized agent are invited to be present.
SECTION GC -3 AWARD AND EXECUTION OF CONTRACT
A. AWARD OF CONTRACT
CITY reserves the right to reject any and all bids. The contract will be awarded, if at all, to
the lowest responsive responsible bidder whose bid complies with all the requirements set
forth in the Notice Inviting Bids and Information to Bidders and all documents referenced
therein.
In the event that bids are required to include prices for items that may be added to or
deducted from the scope of the work of the contract for which the bid is being submitted,
the lowest bid shall be the lowest bid price on the base contract those additive or deductive
items that were specifically identified in the bid solicitation as being used for the purpose of
determining the lowest bid price. CITY reserves the right to add to or deduct from the
contract any of the additive or deductive items after the lowest responsible bidder has been
determined.
The contract will be awarded, if at all, within 60 calendar days after the opening of the bids.
The Work will not start until CITY has successfully acquired all necessary rights of way,
easements and permits to begin work on this project.
B. CONTRACT BONDS
The successful bidder shall furnish two separate contract bonds. Each of the bonds shall
be executed in an amount equal to at least 100% of the Contract Price. One bond shall
guaranty the faithful performance of the contract by the Contractor; and the other bond
shall secure payment of the claims of laborers, mechanics, and material suppliers
employed under the contract and shall contain all provisions required by law to be included
in such bond forms, including the requirements of Civil Code Sections 3247 3252. No
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alteration, extension of time, extra and additional work, or other change authorized by the
Contract Documents will affect the obligations of the surety or sureties on the payment or
performance bonds, and no notice to the surety or sureties shall be required.
Any bond required herein shall be issued by a corporate surety admitted to transact surety
business in the State of California and holding a valid Certificate of Authority to transact
Surety Insurance in the State of California.
C. EXECUTION OF THE CONTRACT
The Contract shall be signed by the successful bidder and returned, together with the
Contract bonds required by Section GC -3 (B) and insurance certificate required by Section
GC -7 (S) of these General Conditions, after the bidder has received notice that the
Contract has been awarded. No bid shall be considered binding upon the City of Saratoga
until the award of the contract by the Council.
D. NOTICE TO PROCEED
A separate Notice to Proceed will be issued to the Contractor for this work. Within ten (10)
working days from the Notice to Proceed or date specified in the Notice to Proceed, the
Contractor shall commence work. Working days will be charged to the Contractor after the
ten -day period has elapsed.
E. FAILURE TO EXECUTE CONTRACT
Failure to execute the Agreement and file acceptable performance and payment bonds and
insurance as provided herein within fifteen (15) calendar days after the bidder has received
notice that the contract for the Work has been awarded to him, shall be just cause for the
annulment of the award and the forfeiture of the bid guaranty. Upon any such failure by the
successful bidder, the contract for the work may be awarded to the second lowest
responsible bidder. If the second lowest responsible bidder fails to execute the Agreement
and file acceptable bonds and insurance as provided herein within fifteen (15) calendar
days after such bidder has received notice that the contract for the Work has been awarded
to him, the contract for the Work may be awarded to the third lowest responsible bidder.
Failure of the second or of the third lowest responsible bidder to whom a contract is so
awarded to execute the Agreement and file acceptable bonds and insurance as provided
herein within fifteen (15) calendar days after such bidder has received notice that the
contract for the Work has been awarded to him shall be just cause for the annulment of the
award and the forfeiture of the bid guaranty of each such bidder.
F. RETURN OF BID GUARANTEES
CITY will retain all bid guarantees until the Agreement for the Work has been fully executed
and CITY has received the bonds and evidence of insurance required to be furnished, or
CITY has acted to reject all bids. CITY will return the bid guarantees of unsuccessful
bidders, other than those forfeited.
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SECTION GC -4 SCOPE OF WORK
A. INTENT OF PLANS AND SPECIFICATIONS
The intent of the Contract Documents is to prescribe the details for the construction and
completion of the work the Contractor undertakes to perform.
Where the plans or specifications describe portions of the work in general terms, but not in
complete detail, it is understood that only the best general practice is to prevail and that
only materials and workmanship of the first quality are to be used. Unless otherwise
specified, the Contractor shall furnish all labor, material, tools, equipment, flaggers, and
incidentals, and do all the work involved in executing the contract in a satisfactory and
workmanlike manner.
B. STANDARD SPECIFICATIONS AND SPECIAL CONDITIONS
All work embraced herein shall be constructed in strict accordance with the applicable
codes, plans and the 2006 Caltrans Standard Plans Specifications CSI, where
applicable. All work will be done under the inspection of City and the Director of Public
Works and any other public agency with jurisdiction over the Project and shall be the
responsibility of the Contractor.
The work embraced herein shall be done in accordance with specifications approved by
CITY if such work, material or equipment is not specifically detailed in the Contract
Documents, Special Conditions, or accompanying plans.
The parts of the Contract Documents are intended to be complementary.
In case of conflict between Sections 1 through 9 of the Caltrans Standard Specifications
and the General Conditions or Special Conditions of this Agreement, the General
Conditions or Special Conditions shall control. In case of a conflict between the General
Conditions and the Special Conditions, the Special Conditions shall control. In case of
conflict between the Caltrans Standard Specifications and the other Contract Documents,
the provisions of paragraph GC -5.D Coordination And Interpretation Of Plans, Standard
Specifications, and Special Conditions shall apply.
C. FINAL CLEAN -UP
Before acceptance and final payment, the Contractor shall clean the streets, roads,
structures, and all ground occupied by him in connection with the Work, of all rubbish,
excess materials, temporary structures, and equipment. All parts of the Work shall be left
in a neat and presentable condition. Any damage to property, missing signs, mailboxes,
etc. must be repaired /replaced to the satisfaction of CITY. Full compensation for final clean
up shall be deemed included in the prices paid for the various contract items of work, and
no separate payment will be made therefor.
D. CHANGES
CITY reserves the right to make such alterations, deviations, additions to or omissions from
the Contract Documents, including the right to increase or decrease the quantity of any
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item or portion of the Work or to omit any item or portion of the Work, as may be deemed
by the Director of Public Works to be necessary or advisable and to require such extra work
as may be determined by the Director of Public Works to be necessary for the proper
completion or construction of the whole work. Changes in quantities shall be in accordance
with the provisions of Section 4 -1,03B "Increased or Decreased Quantities of the
Caltrans Standard Specifications.
Any such changes will be set forth in a contract change order which will specify, in addition
to the work to be done in connection with the change made, adjustment of contract time, if
any, and the basis of compensation for such work. A contract change order will not
become effective until approved by CITY in writing.
All changes in the work shall be made as provided in the Contract Documents. Notice is
hereby given that under certain circumstances, changes may require the approval of the
Council, and may further require notice to affected property owners and a public hearing.
E. SALVAGE FOR THE CITY
The Contractor shall remove and preserve carefully any materials designated to be
salvaged for the City and shall arrange for the delivery of those materials to the City as
directed by the Director of Public Works. The Contractor shall be liable for any damage or
destruction of materials designated for salvage.
F. SEVERABILITY CLAUSE
If any provision or any part of any provision of these Contract Documents is, for any
reason, held to be invalid, unenforceable or contrary to any public policy, law, statute,
regulation or ordinance, then the remainder of these Contract Documents shall not be
affected thereby and shall remain valid and fully enforceable.
G. EXTRA WORK
New and unforeseen work will be classed as extra work when such work cannot be
covered by any of the various items or combination of items for which there is a bid price.
The Contractor shall do no extra work except upon written order from the Director of Public
Works. Compensation for authorized extra work will be paid as previously agreed upon in
writing, or by force account as provided in Section 9 -1.03 "Force Account Payment of the
Caltrans Standard Specifications.
SECTION GC -5 CONTROL OF WORK
A. AUTHORITY OF DIRECTOR OF PUBLIC WORKS
The Director of Public Works shall decide all questions which may arise as to the quality or
acceptability of materials furnished and work performed and as to the manner or
performance and loss of progress of the work; all questions which may arise as to the
interpretation of the plans and .specifications; all questions as to the acceptable fulfillment of
the contract on the part of the Contractor; and all questions as to compensation. The
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Director of Public Work's decision shall be final and shall have authority to enforce and
make effective such decisions and orders which the Contractor shall carry out promptly.
B. PLANS AND WORKING DRAWINGS
All authorized alterations affecting the requirements and information given on the approved
plans shall be in writing. No changes shall be made to any plan or drawing without
approval of the Director of Public Works.
The Plans furnished consist of general drawings and show such details as are necessary to
give a comprehensive idea of the construction contemplated. All authorized alterations
affecting the requirements and information given on the contract plans shall be in writing.
The Plans shall be supplemented by such working drawings prepared by the Contractor as
are necessary to perform the Work adequately. No change shall be made by the
Contractor to any working drawing after it has been approved by the Director of Public
Works.
It is expressly understood, however, that approval of the Contractor's working drawings
shall not relieve the Contractor of any responsibility for accuracy of dimensions and details,
or for mutual agreement of dimensions and details. Contractor shall be responsible for
agreement and conformity of his working drawings with the Contract Documents.
Full compensation for furnishing all working drawings shall be deemed included in the
prices paid for the contract items of work to which such drawings relate and no separate
payment will be made therefor.
C. CONFORMITY WITH CONTRACT DOCUMENTS AND ALLOWABLE DEVIATIONS
Work and materials shall conform to the lines, grades, cross sections, dimensions and
material requirements, including tolerances, in the Contract Documents. Although
measurement, sampling and testing may be considered evidence as to such conformity,
the Director of Public Works shall be the sole judge as to whether the work or materials
deviate from the plans and specifications, and his decision as to any allowable deviations
therefrom shall be final. Deviations from the approved plans, as may be required by the
exigencies of construction, will be determined in all cases by the Director of Public Works
and authorized in writing.
D. COORDINATION AND INTERPRETATION OF PLANS, STANDARD
SPECIFICATIONS, AND SPECIAL CONDITIONS
The Caltrans Standard Specifications, the Santa Clara County Standard Plans and
Specifications (if any), any Special Conditions, these General Conditions, contract change
orders, and all supplementary documents are essential parts of the Contract Documents,
and a requirement occurring in one is binding as though occurring in all. They are intended
to be cooperative, to describe, and to provide for a complete work. In the event of a
conflict, the most stringent shall govern.
In the event of any discrepancy between any drawing and the figures written thereon, the
figures shall be taken as correct. Detail drawings shall prevail over general drawings.\
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E. ORDER OF WORK
When required by the .Special Conditions or Plans, the Contractor shall follow the sequence
of operations as set forth therein. Full compensation for conforming with such
requirements will be deemed included in the prices paid for the various contract items of
work and no separate payment will be made therefor.
F. SUPERINTENDENCE
The Contractor shall provide competent supervision of the Work as approved by the
Director of Public Works. The Contractor or designated representative shall be present at
the site at all times while work is actually in progress. Before starting work, the Contractor
shall designate in writing, a representative who shall have the authority to represent and act
for the Contractor regarding any written or verbal directions, or requests of the Director of
Public Works. Directions or requests delivered to the representative shall have the same
force and effect as if delivered to the Contractor. The authorized representative shall be an
employee of the Contractor's organization and shall be shown on the Contractor's payroll
The Contractor will not designate a subcontractor as the authorized representative.
Whenever the Contractor or its representative is not present on any particular part of the
work where the Director of Public Works desires to give direction, the Director of Public
Works will give orders which shall be received and obeyed by the superintendent or
foreman who may have charge of the particular work for which the order is given.
Failure of the Contractor or its representative to be present at the job site at all times when
work is in progress will be deemed failure on the part of the Contractor to perform a
provision of the Contract. If the Contractor or its representative is not present at the job
site, the Director of Public Works may, in accordance with Section 8 -1.05 "Temporary
Suspension of Work of the Caltrans Standard Specifications, suspend all work until
satisfactory arrangements have been made to have a designated representative on the site
at all times when work is in progress. No additional compensation or additional working
days will be allowed for such suspension. All working days lost due to such suspension will
be charged to the Contractor,
During periods when work is suspended, arrangements acceptable to the Director of Public
Works shall be made for any emergency work that is required.
G. LINES AND GRADES
Unless otherwise stated, stakes or marks will be set by the Contractor, as the Director of
Public Works determines to be necessary, to establish the lines and grades required for the
completion of the Work.
When the Contractor requires stakes or marks outside the scope of this project, the
Contractor shall notify the Director of Public Works of his requirements in writing at least
three (3) calendar days (72 hours) in advance of starting operations that require such
stakes or marks. The Contractor shall coordinate his work such that each staking request
will have a minimum of four (4) hours of field staking time. If the Contractor submits a
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request having less than the minimum four (4) hours of field staking time, the Contractor
will be billed the Director of Public Work's time and cost for the difference between the four
(4) hour minimum and the actual staking time.
The Contractor shall ensure that the area to receive stakes shall be free of all obstructions,
equipment, stockpiles, etc. If the area to receive stakes is not ready for staking when City's
representative arrives on the site, the original 72 hour advance time will become void and
City's representative will have 72 hours from the time the area is made ready for stakes to
place the stakes and to prepare cut sheets.
Any stakes and marks set by the Director of Public Works shall be carefully protected from
vandalism and preserved by the Contractor. In case such stakes and marks are lost,
destroyed, or damaged, the Contractor must notify the Director of Public Works in writing of
his request for the stakes to be reset. Upon receipt of the request, the Director of Public
Works will replace the stakes within three (3) working days. The Contractor will be charged
for the cost of necessary replacement or restoration of stakes and marks which in the
judgment of the Director of Public Works were carelessly lost or willfully destroyed or
damaged by the Contractor's operations. Restake charges shall include any recalculation,
checking, and administrative charges CITY incurs. These charges will be deducted from
any monies due or to become due the Contractor.
H. INSPECTION
The Director of Public Works shall at all times have access to the Work during its
construction and shall be furnished with every reasonable facility for ascertaining that the
materials and the workmanship are in accordance with the requirements and intentions of
the Contract Documents, All work done and all materials furnished shall be subject to the
Engineer's inspection.
The inspection of the work or materials shall not relieve the Contractor of any of its
obligations to perform the Work as prescribed. Work and materials not meeting such
requirements shall be made good; unsuitable work or materials may be rejected,
notwithstanding that such work or materials may have been previously inspected by the
Director of Public Works or that payment therefor has been included in a progress estimate.
i. REMOVAL OF REJECTED AND UNAUTHORIZED WORK
The Contractor shall remedy or remove and replace at its own expense and in an
acceptable manner all work that has been rejected. CITY will not pay for such removal,
replacement, or remedial work.
Any work done beyond the lines and grades shown on the plans or established by the
Director of Public Works, or any extra work done without written authority, will be deemed
unauthorized work for which CITY will not pay. Upon order of the Director of Public Works,
the Contractor shall remedy or remove and replace unauthorized work at the Contractor's
expense.
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Upon failure of the Contractor to comply promptly with any order of the Director of Public
Works made under this section, the Director of Public Works may cause rejected or
unauthorized work to be remedied, removed, or replaced, and to deduct the costs from any
monies due or to become due the Contractor.
J. CHARACTER OF WORKERS
If any subcontractor or person employed by the Contractor appears to CITY to be
incompetent or to act in a disorderly or improper manner, he or she shall be discharged
immediately on the request of CITY, and such person shall not again be employed on the
Work.
K. FINAL INSPECTION
When the work has been completed, CITY and the Director of Public Works, or Director of
Public Work's designee, will make the final inspection. The Contractor shall request the
final inspection in writing.
SECTION GC -6 CONTROL OF MATERIALS
A. GENERAL
The control of the materials used in the work, including but not limited to the sources,
handling, testing, and rejections, shall conform to Section 6 of the 2006 Caltrans Standard
Specifications.
B. SAMPLES AND TESTS
The source of supply of each material shall be approved by the Director of Public Works
before delivery begins and before the material is used in the work.
Upon request of the Director of Public Works or as specified in these documents,
representative material samples of the prescribed character and quality shall be submitted
by the Contractor for testing or examination. No material shall be used without approval of
the Director of Public Works.
All tests of materials furnished by the Contractor shall be made in accordance with
commonly recognized standards of national organizations, and such special methods and
tests as are prescribed in the Caltrans Standard Specifications, and the Special Conditions.
The cost of re- testing material or workmanship that fails to pass the first test shall be borne
by the Contractor. Contractor shall submit all test results to the Director of Public Works
within five (5) calendar days of the testing at no charge to CITY.
Full compensation for conforming with the requirements of this section shall be deemed
included in the prices paid for the various contract items of work and materials, and no
separate payment will be made therefor.
C. DEFECTIVE MATERIALS
All materials that the Director of Public Works determines do not conform to the
requirements of the Contract Documents will be rejected, whether in place or not. They
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shall be removed immediately from the work site, unless otherwise permitted by the
Director of Public Works. No rejected material shall be used in the Work, unless the
defects are corrected and the Director of Public Works gives written approval.
Upon failure of the Contractor to comply promptly with any order of the Director of Public
Works made pursuant to this section, the Director of Public Works may cause the removal
and/or replacement of rejected material and may deduct the costs thereof from any monies
due or to become due the Contractor.
D. CHANGES TO SPECIFICATIONS /APPROVED EQUALS
Changes to the specifications will be made by written addendum executed by the Public
Works Director.
Requests for approved equals or for clarification of specifications and protests of
specifications must be received by CITY, in writing, by the time specified in the Instructions
to Bidders prior to bid deadline or, if made after the contract is awarded, no more than
fifteen days after the facts giving rise to the request came to the attention of the Contractor.
Any request for an approved equal or protest of the specifications must be fully supported
with technical data, test results, or other pertinent information as evidence that the
substitute offered is equal to or better than the specification requirement.
If CITY determines the requested material or system is equal to that specified, CITY will
notify the Bidders prior to bid deadline or Contractor within thirty calendar days after
receiving the request. City's failure to notify the Bidders or the Contractor of an approved
equal shall be deemed a rejection of the requested substitution.
Wherever brand, manufacturer or product names are indicated in the specifications, they
are included ONLY for the purpose of establishing identification and a general description
of the item. Wherever such names appear, the term "or approved equal" should be
understood to follow.
It should be understood that specifying a brand name, components and /or equipment in
this specification shall not relieve the supplier from its responsibility to produce the product
in accordance with the performance warranty and contractual requirements. The supplier
is responsible for notifying CITY of any inappropriate brand name, component and/or
equipment that may be called for in the specifications and to propose a suitable substitute
for consideration.
D. WARRANTY OF TITLE.
Contractor warrants to CITY and its successors and assigns that the title to the materials,
supplies or equipment covered by the Contract, when delivered to CITY or to its successors
or assigns, is free from all liens and encumbrances.
E. WARRANTY OF FITNESS.
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Contractor warrants that all materials, supplies and products furnished meet the
requirements and conditions of the Contract Documents and are fit for the purpose
intended.
F. WARRANTY OF MERCHANTABILITY.
Contractor warrants that the goods are merchantable in accordance California Commercial
Code Section 2314. In accepting this and other warranties and the materials or supplies to
be manufactured or assembled pursuant to the Contract Documents, CITY does not waive
any warranty, either express or implied, in California Commercial Code Sections 2312
through 2315, inclusive, or any liability of the manufacturer as determined by any decision
of a court of the State of California or of the United States.
A. GENERAL
C. LABOR
SECTION GC -7 LEGAL RELATIONS AND RESPONSIBILITY
In connection with laws to be observed and responsibility of the Contractor, attention is
directed to Section 7 "Legal Relations and Responsibility of the Caltrans Standard
Specifications and to the laws applicable to this contract and to the Work that are
referenced therein. Full compensation for conforming to the provisions of Section 7 -1.08
"Public Convenience and Section 7- 1.09( "public Safety shall be deemed included in the
prices paid for the various contract items of work, and no separate payment will be made
therefor.
B. LAWS TO BE OBSERVED
The Contractor shall keep itself fully informed of all existing and future state and federal
laws and county and municipal ordinances and regulations which in any manner affect
those engaged or employed in the work, or the materials used in the work, or which in any
way affect the conduct of work, and of all such orders and decrees of bodies or tribunals
having any jurisdiction or authority over the same.
The Contractor shall at all times observe and comply with, and shall cause all his agents
and employees to observe and comply with all existing and future laws, ordinances,
regulations, orders, and decrees applicable to this contract or to the Work.
The Contractor shall protect and indemnify CITY, and all officers and employees thereof
connected with the work, against any claim or liability arising from or based on the violation
of any such law, ordinance, regulation, order, or decree, whether by City's representative or
its employees. If any discrepancy or inconsistency is discovered in the plans, drawings,
specifications, or contract for the work in relation to any such law, ordinance, regulation,
order, or decree, the Contractor shall forthwith report the same to the Director of Public
Works in writing.
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In connection with laws to be observed and responsibility of the Contractor, attention is
directed to Section 7 "Legal Relations and Responsibility of the Standard Specifications
and to the laws applicable to this contract and to the Work that are referenced therein.
Attention is particularly directed to the subsections pertaining to Hours of Labor, Alien
Labor, Labor Discrimination, Prevailing Wages, Apprentices, and the Fair Labor Standards
Act.
This is a public works contract within the meaning of Part 7 of Division 2 of the California
Labor Code (Sections 1720 et seq.), and the contractor and any subcontractor under him
shall pay not less than the specified prevailing wage rates to all workers employed.
Pursuant to the provisions of Section 1773 of the California Labor Code, the CITY has
obtained the general prevailing rate of wages and employer payments for health and
welfare, vacation, pension and similar purposes in the City of Saratoga, a copy of which is
on file 13777 Fruitvale Avenue, Saratoga, California at the office of the Public Works
Director, and shall be made available for viewing to any interested party upon request.
Attention is directed to the provisions in of the Labor Code Sections 1777.5 and 1777.6
concerning the employment of apprentices by the Contractor or any subcontractor under,
the Contractor. It shall be the responsibility of the Contractor to comply with and to insure
that all subcontractors comply with the requirements of said sections in the employment of
apprentices. Information relative to apprenticeship standards, wage schedules, and other
requirements may be obtained from the Director of Industrial Relations, ex- officio the
Administrator of Apprenticeship, San Francisco, California, or from the Division of
Apprenticeship Standards and its branch offices.
Pursuant to the requirements of Division 4 of the Labor Code, the Contractor will be
required to secure the payment of worker's compensation to its employees in accordance
with the provisions of Section 3700 of the Labor Code.
Prior to commencement of work, the Contractor shall sign and file with the Director of
Public Works a certification in the following form:
"I am aware of the provisions of Section 3700 of the Labor Code which require every
employer to be insured against liability for worker's compensation or to undertake self
insurance in accordance with the provisions before commencing the performance of the
work of this contract."
Full compensation for conforming to the requirements of this section shall be deemed
included in the prices paid for the various contract items of work, and no separate payment
will be made therefor.
All penalties set forth in Section 7 "Legal Relations and Responsibilities of the Caltrans
Standard Specifications shall be payable to the City of Saratoga.
D. CONTRACTOR'S LICENSING LAWS
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Attention is directed to the California Business and Professions Code Sections 7000 et seq.
concerning the licensing of contractors. All bidders and subcontractors shall be licensed in
accordance with the laws of this State and any bidder or subcontractor not so licensed is
subject to penalties imposed by such laws.
E. CHILD AND FAMILY SUPPORT OBLIGATIONS
The contractor shall fully comply with all state and federal laws relating to child and family
support enforcement, including, but not limited to, disclosure of information and compliance
with earnings assignment orders, as provided in Chapter (commencing with Section 5200)
of Part 5 of Division 9 of the Family Code.
F. DOMESTIC MATERIALS
Only such unmanufactured materials as have been produced in the United States, and only
such manufactured materials as have been manufactured in the United States,
substantially all from materials produced in the United States, shall be used in the
performance of the contract, in accordance with the provisions of California Government
Code Sections 4300 et seq.
Pursuant to California Government Code Section 4304, any person who fails to comply with
this section of the contract shall not be awarded any contract for the construction, alteration
or repair of public works or for the purchase of materials for public use for a period of three
(3) years from the date of the violation.
G. PAYMENT OF TAXES
The contract prices paid for the Work shall include full compensation for all taxes the
Contractor is required to pay, whether imposed by federal, state or local government,
including, without being limited to, federal excise tax. Taxes shall be deemed included in
the prices paid for the various contract items of work, and no separate payment will be
made therefor.
H. PERMITS AND LICENSES
The Contractor shall procure all permits and licenses, pay all charges and fees, and give all
notices necessary and incidental to the due and lawful prosecution of the Work. Any
construction permits required by CITY for performing any work on this project will be issued
by CITY at no charge to the Contractor. The Contractor and all subcontractors shall pay all
City business license fees.'
I. PATENTS
The Contractor shall assume all costs arising from the use of patented materials,
equipment, devices, or processes used on or incorporated in the Work. In addition to the
obligations set forth in paragraph N "Responsibility for Damage below, the Contractor
shall indemnify, defend, and hold CITY, its elected and appointed officials, and its
employees harmless against any claim arising from Contractor's work under this
Agreement in which a violation of intellectual property rights, including but not limited to
copyright or patent infringement, is alleged.
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J. SAFETY
The Contractor shall be solely and completely responsible for conditions of the job site,
including safety of all persons (including employees) and property on or near the Project or
adjacent to the work site during the performance of the Work. This requirement shall apply
continuously and not be limited to normal working hours.
The duty of the Director of Public Works to conduct review of the Work does not include
review or approval of the adequacy of the Contractor's safety program, safety supervisor,
or any safety measures taken in, on, or near the job site.
Safety provisions shall conform to Cal-OSHA Safety Orders, and all other applicable
federal, state, county, and local laws, ordinances, codes, and regulations. Where any of
these are in conflict, the more stringent requirement shall be followed. The Contractor's
failure to thoroughly familiarize itself with the aforementioned safety provisions shall not
relieve it from the obligation to comply with such provisions or from the penalties set forth
therein.
The Contractor shall develop and maintain for the duration of this contract a safety program
that will effectively incorporate and implement all required safety provisions. The Contractor
shall appoint a qualified employee to supervise and enforce compliance with the safety
program. Information regarding the safety program shall be posted at the project site.
K. PUBLIC CONVENIENCE AND SAFETY
Contractor shall submit a traffic control plan to the Director of Public Works for approval
prior to start of work.
The Contractor's attention is directed to Section 7 -1.08 "Public Convenience and 7 -1.09
"Public Safety of the Caltrans Standard Specifications. Full compensation for complying
with the provisions of such subsections shall be deemed included in the prices paid for the
various contract items of work, and no separate payment will be made therefor.
All signs required by the Director of Public Works shall be furnished and installed by the
Contractor. The cost of furnishing, installing, maintaining, and removing such signs shall
be deemed included in the prices paid for the various contract items of work, and no
separate payment will be made therefor.
The Contractor shall notify the City of Saratoga Fire and Police Departments in writing at
least 2 working days before closing any street or otherwise hindering access by emergency
vehicles to any area.
L. FLAGGING COSTS
The costs of furnishing all flagmen and guards under the provisions of this section and
Sections 7 -1.08 "Public Convenience 7 -1.09 "Public Safety and 12 -2.02 "Flagging
Costs of the Caltrans Standard Specifications will be borne by the Contractor and shall be
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considered included in the prices paid for the various contract items of work; no separate
payment will be made therefor.
M. PRESERVATION OF PROPERTY
Attention is directed to Section 7 -1.12 "Indemnification and Insurance and to Section 8-
1.10, "Utility and Non Highway Facilities of the Caltrans Standard Specifications.
Contractor shall exercise due care to avoid injury to existing highway improvements or
facilities, utility facilities, adjacent property, and roadside trees and shrubbery that are not to
be removed.
Roadside trees and shrubbery; pole lines, fences; mailboxes; signs; markers and
monuments; buildings and structures; conduits; pipe lines under or above ground sewer
and water lines all highway facilities and any other improvements or facilities within or
adjacent to the work, other than those to be removed in accordance with the plans, shall be
protected from injury or damage. If ordered by the Director of Public Works, the Contractor
shall provide and install suitable safeguards, approved by the Director of Public Works, to
protect such objects from injury or damage. If such objects are injured or damaged by
reason of the Contractor's operation, they shall be replaced or restored at the Contractor's
expense. The facilities shall be replaced or restored to a condition as good as when the
Contractor entered upon the work, or as good as required by the contract, if any such
objects are a part of the work being performed under.the contract. The Director of Public
Works may make or cause to be made such temporary repairs as are necessary to restore
to service any damaged highway or other facility. The cost of such repairs shall be borne
by the Contractor and may be deducted from any monies due or to become due to the
Contractor under the contract.
It shall be the Contractor's responsibility to ascertain the existence of any underground
improvements or facilities that may be subject to damage in the course of performing the
Work. A minimum of forty -eight (48) hours, or two working days, prior to beginning of
construction, the Contractor shall notify Underground Services Alert (USA), telephone 1-
800 -642 -2444, to have existing facilities marked in the field.
Full compensation for furnishing all labor, materials, tools, equipment and incidentals, and
for doing all the work involved in protecting or repairing property as specified in this section
shall be deemed included in the prices paid for the various contract items of work and no
separate payment will be made therefor.
N. PRE CONSTRUCTION SURVEY
The Contractor shall, if required by CITY, provide pre construction color photographs,
35mm or larger film size, of the work site including surrounding areas as stated above.
Each photograph shall be marked to indicate the date, name of work, and the location
where the photograph was taken. Photographs shall be taken at intervals as directed by
the Director of Public Works or his designee.
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Prints shall be submitted in a three -ring photo album binder with clear plastic- covered
fillers, four photos each side, grouped according to street, lateral, or line, and in sequence.
Each group of prints shall be identified by a label that projects beyond the edge of filler and
is easily recognized. Negatives may be placed within the filler sleeves or submitted
separately.
Approximately twenty -five (25) photographs shall be submitted to the Director of Public
Works for the Director of Public Work's approval. This approval shall be obtained before
proceeding with the remaining photographs. Video may also be required if specified in the
technical specifications.
The photographs and/or video tapes shall be submitted to the Director of Public Works
either prior to or with the first progress payment request. The progress payment request
will not be considered for payment until the Director of Public Works accepts this
deliverable.
Full compensation for furnishing all pre construction survey photos and /or videos shall be
deemed included in the prices paid for the various contract items of work and no separate
payment will be made therefor.
O. RESPONSIBILITY FOR DAMAGE
The City of Saratoga and all officers and employees thereof connected with the Work,
including but not limited to the City Council, shall not be answerable or accountable in any
manner for any loss or damage that may happen to the Work or any part thereof; for any
loss or damage to any of the materials or other things used or employed in performing the
Work; for injury to or death of any person; or for damage to property from any cause except
losses due to sole or active negligence of the City of Saratoga's officers or employees.
All loss or damage arising from any unforeseen obstruction or difficulties, either natural or
artificial, which may be encountered in the execution of the work, or the furnishing of the
supplies, materials, or equipment, or from any action of the elements prior to final written
acceptance of the work, or of the supplies, materials or equipment, or from any act or
omission not authorized by the Contract Documents on the part of the Contractor or any
agent or person employed by it, shall be sustained and borne solely by the Contractor.
Notwithstanding any other provision of the Contract Documents, Contractor shall, to the
fullest extent allowed by law, defend, indemnify and hold harmless the City of Saratoga, its
elected and appointed officials, and its employees from all liability, penalties, costs, losses,
damages, expenses, causes of action, claims or judgments, including attorney's fees and
other defense costs, resulting from injury to or death sustained by any person (including
Contractor's employees), or damage to property of any kind, or any other injury or damage
whatsoever arising out of or in any way connected with the performance of the Contract,
including any of the same resulting from the alleged or actual negligent acts or omissions of
City's officers, agents, contractors or employees; except that said indemnity shall not be
applicable to injury, death or damage to property arising from the sole or active negligence
or willful misconduct of CITY, its officers, agents, or employees who are directly responsible
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to CITY. This indemnification shall extend to claims asserted after termination of this
Contract for whatever reason.
Without limiting the generality of the foregoing indemnity, such indemnity obligation
expressly extends to and includes any and all claims, demands, losses, damages, costs,
expenses, fines, penalties, judgments or liability occasioned as a result of:
a) Damages to adjacent property caused by the conduct of the Work;
b) The violation by the Contractor, the Contractor's agents, employees, or
independent contractors or subcontractors, of any provisions of federal, state or
local law, including applicable administrative regulations such as, without limitation,
discharge permit requirements;
c) Injury to or death of any person, or any property damage to property owned by any
person while on or about the site or as a result of the Work, whether such persons
are on or about the site by right or not, whenever the Work is alleged to have been
a contributing cause in any degree whatsoever.
In addition to any remedy authorized by law, so much of the money due the Contractor
under and by virtue of the contract as shall be considered necessary by CITY, may be
retained by CITY until disposition has been made of such suits or claims for damage.
P. COOPERATION
Should construction be under way by CITY, other agencies or other contractors within or
adjacent to the limits of the Work, or should work of any other nature be under way by other
forces within or adjacent to said limits, the Contractor shall cooperate with all such other
contractors or other forces to the end that any delay or hindrance to their work will be
avoided.
CITY reserves the right to perform other or additional work at or near the site (including
material sources) at any time, by the use of other forces.
Q. CONTRACTOR'S RESPONSIBILITY FOR WORK AND MATERIALS
Until the final acceptance of the contract, the Contractor shall have the charge and care of
the Work and of the materials to be used therein, including materials for which partial
payment has been received. CITY shall not be held responsible for the care or protection
of any material or parts of the Work prior to final acceptance, except as expressly provided
in the Special Conditions.
R. ACCEPTANCE OF CONTRACT
Upon completion of the Project CITY will conduct such tests as may be required to
determine to its own satisfaction that the Project is in conformance with the terms,
conditions and requirements of the Contract Documents. After final inspection, CITY shall
determine whether or not to accept the Project and will notify the Contractor in writing within
fifteen (15) days thereof. In the event of non acceptance, CITY shall inform the Contractor
in writing of the deficiencies found.
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When the Director of Public Works has made the final inspection and determines that the
contract has been completed in all respects in accordance with the plans and
specifications, the Director of Public Works may recommend that the Council formally
accept the contract. Immediately upon and after such acceptance by the Council, the
Contractor will not be required to perform any further work, except completion or correction
of such items as the Director of Public Works may direct, and the Contractor shall be
relieved of his responsibility for injury to persons or property or damage to the Work that
occurs after the formal acceptance by the Council.
The formal acceptance by the Council does not relieve the Contractor of the one (1) year
maintenance responsibility.
S. PERSONAL LIABILITY
Neither the Council, nor any other officer or authorized employee of the City of Saratoga,
nor any officer or employee of any state, county, or local agency shall be personally
responsible for any liability arising under or by virtue of the contract.
T. INSURANCE
Within ten (10) days after award of the Contract, the Contractor shall promptly obtain, at its
own expense, all the insurance described in this section, and submit coverage verification
for review and approval by CITY. This insurance shall be in addition to any other form of
insurance or bonds required under the terms of the contract.
The Notice to Proceed with the Work will not be issued, and the Contractor shall not
commence work, until such insurance has been approved by CITY. Such insurance shall
remain in full force and effect at all times during the prosecution of the Work and until the
final completion and acceptance thereof. In addition, the Commercial General Liability
Insurance shall be maintained for a minimum of five (5) years after final completion and
acceptance of the Work. The Notice to Proceed does not relieve the Contractor of the duty
to obtain such insurance as required herein.
The Contractor shall not allow any subcontractors to commence work until all insurance
required of the subcontractor has been obtained and verified by the Contractor and
submitted to CITY. Subcontractors shall furnish original certificates and endorsements as
verification of insurance coverage. The liability insurance limits specified herein shall apply
to all subcontractors listed in Contractor's bid. The Contractor shall designate appropriate
insurance limits for all other subcontractors.
Companies writing the insurance under this article shall be authorized to do business in the
State of California. Insurance is to be placed with insurers with a current A.M. Best's rating
of no less than A:VII.
Contractor shall include all costs for all insurance in its bid.
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Nothing contained in these insurance requirements is to be construed as limiting the extent
of the Contractor's responsibility for payment of damages resulting from its operations
under this Contract. Coverage required hereunder shall operate as Primary Insurance.
The Contractor shall procure, pay for, and maintain throughout the duration of this Contract
the following insurance coverage:
Commercial General and Automobile Liability Insurance This insurance shall protect
the Contractor from claims for bodily injury and property damage which may arise
because of the nature of the work or from operations under this Contract. The coverage
shall be at least as broad as Insurance Services Office (ISO) Commercial General
Liability coverage (occurrence Form CG 0001), ISO Form G0009 11 88 Owners and
Contractors Protective Liability Coverage Coverage for Operations of Designated
Contractor) and Insurance Services Office Form Number CA 0001 covering Automobile
Liability, code 1 (any auto).
Claims -made policies will not be accepted.
a. Additional Insureds The Commercial General Liability "CGL policy of insurance
shall be endorsed to name as additional insureds the City of Saratoga, all of its
elected and appointed officials, directors, officers, employees, agents and servants,
using ISO Form CG201185. This policy shall provide coverage to each of the
additional insureds with respect to the Work. Both bodily injury and property
damage insurance must be on an occurrence basis. The policy shall be endorsed to
provide primary coverage to the full limit of liability stated in the declarations. If the
additional insureds have any other insurance or self- insurance against the loss
covered by this policy, that other insurance shall be excess insurance and not
contribute with contractor's policy.
b. Amount of Coverage The bodily injury and property damage liability of the CGL
insurance shall provide coverage in the following limits of liability: $1,000,000 per
occurrence with an annual general aggregate limit of not less than $2,000,000, and
$2,000,000 products and completed operations aggregate, combined single limit.
The Automobile Liability insurance policy shall provide minimum limits of $1,000,000
per accident for bodily injury and property damage.
c. Subcontractors The CGL insurance shall not require the Contractor to have its
subcontractors named as insureds in the Contractor's policy, but the insurance shall
protect the Contractor from contingent liability which may arise from operations of its
subcontractors.
d. Included Coverage The CGL insurance shall also include all of the following
coverages:
Premises Operations;
Owner's /Independent Contractors and Contractor's Protective;
Products Completed Operations;
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Personal Injury (False Arrest, Libel, Wrongful Eviction, etc.);
Blanket Contractual Liability, including the indemnity agreement in this contract;
Separation of Insureds Cross Liability Provisions;
Duty to Defend All Insureds;
Deletion of any limitation on Coverage for Bodily Injury or Property Damage Arising
Out of Subsidence or Soil or Earth Movement;
A provision that the annual general aggregate and the products and completed
operations annual aggregate shall apply separately to the Project;
Pollution Legal Liability Endorsement;
XCU Explosion, Collapse, Underground Damage. (XCU may be deleted with City's
prior written approval when not applicable to operations performed by the Contractor
or its sub contractors.)
e. Umbrella Policy or Follow -Form Excess Liability Policy At the option of the
Contractor, primary limits may be less than required, with an Umbrella Policy or
Follow -Form Excess Liability Policy providing the additional limits needed. This form
of insurance will be acceptable provided that the Primary and Umbrella /Excess
Policies both provide the insurance coverages herein required, including all
additional insured requirements. The umbrella /excess insurance shall be provided
on a "following form" basis with coverage at least as broad as provided on the
underlying CGL insurance.
f. The certificate of insurance shall guaranty that the policy will not be amended,
altered, modified, or canceled without at least thirty (30) days notice mailed by
registered mail to the Administrative Services Director, City of Saratoga; 13777
Fruitvale Ave.; Saratoga, California 95070.
g. In accordance with Insurance Code Section 11580.04, coverage shall not extend to
any indemnity coverage for the active negligence of the additional insured in any
'case where any agreement to indemnify the additional insured would be invalid
under Civil Code Section 2782(b).
Workers' Compensation Insurance California Labor Code Sections 3700 et seq. require
every employer to be insured against liability for Workers' Compensation or to undertake
self insurance in accordance with the provisions of that code. The Contractor shall comply
and shall ensure that all subcontractors comply with such provisions. In addition, the
Contractor shall have and maintain Employers' Liability insurance with limits of $1,000,000
per accident for bodily injury or disease before commencing the performance of the Work.
Before the Notice to Proceed is issued, the Contractor shall submit written evidence that
the Contractor has obtained for the period of the Contract full Workers' Compensation
Insurance coverage for all persons whom it employs or may employ in carrying out the
Work. This insurance shall be in accordance with the requirements of the most current and
applicable State Workers' Compensation Insurance Laws.
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Builder's Risk Insurance The Contractor shall purchase and maintain "All Risk or Special
Form" Builder's Risk Insurance on a replacement cost basis in an amount equal to the full
replacement cost of the Work on a completed value basis, including coverage for 'soft
costs' such as design, engineering, and construction management fees. The builder's risk
insurance shall cover all risks of loss, including but not limited to fire; lightning; windstorm;
hail, explosion; riot; riot attending a strike; civil commotion; smoke damage; damage by
aircraft or vehicles; vandalism and malicious mischief; theft; collapse; flood; and
earthquake. This insurance shall name the City of Saratoga, its elected and appointed
officials, employees, agents and servants and the Contractor as insureds, as their interests
may appear, and shall include coverage including, but not limited to all damages or loss to
the Work; to appurtenances; to materials and equipment to be used on the Project while
the same are in transit or stored on or off the project site; and /or to construction plant and
temporary structures. This insurance is required only if listed as a separate bid item in the
bid schedule.
Coverage for acts of God, as defined in Public Contract Code Section 7105, in excess of
five percent of the Contract amount is subject to separate coverage and is required only if
listed as a separate bid item in the bid schedule.
Builder's Risk Insurance policies shall contain the following provisions:
(1) CITY shall be named as loss payee.
(2) The insurer shall waive all rights of subrogation against CITY.
Builder's Risk Insurance may have a deductible clause not to exceed the following limits:
(1) If, pursuant to Public Contract Code Section 7105, CITY requires coverage for any
damage to the work caused by an act of God, and has set forth the amount of the work to
be covered and the insurance premium for such coverage as a separate bid item, the
deductible for such coverage shall not exceed five percent (5 of the value of the Work at
risk at the time of the loss.
(2) All other perils: $5,000.
The Contractor shall be responsible for paying any and all deductible costs.
The policy shall provide CITY the right to occupy the premises without termination of the
policy until acceptance of the project.
Proof of Coverage Before the Notice to Proceed is issued, the Contractor shall furnish
CITY with certificate(s) evidencing issuance of all required insurance and copies of the
policy declaration or information page(s) and endorsements. The certificate(s) and
endorsements for each insurance policy are to be signed by a person authorized by that
insurer to bind coverage on its behalf. The certificates are to be on amended ACORD
forms and ISO endorsement forms or equivalent endorsement forms acceptable to CITY.
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The certificate(s), policy declaration or information page(s), and endorsements are to be
received and approved by CITY before work commences. Endorsements are not required
for Workers Compensation or Builder's Risk Insurances. Such certificates of insurance
shall provide that the insurance policy shall not be cancelable, nonrenewable, or otherwise
be subject to material modification, except with thirty (30) days' prior written notice to CITY.
Contractor shall also provide certificate(s) evidencing renewals of all insurance required
herein, at least ten (10) days prior to the expiration date of any such insurance.
Any deductibles or self insured retentions must be declared to and approved by CITY. At
the option of CITY, either the insurer shall reduce or eliminate such deductibles or self
insured retentions as respects CITY and other additional insureds or the Contractor shall
procure a bond guaranteeing payment of losses, related investigations, claim
administration, and defense expenses.
If the Contractor fails to comply strictly with all requirements of this section or if CITY
receives any notice that any required insurance coverage will be diminished or canceled,
CITY, at its option, may, notwithstanding any other provisions of this Agreement to the
contrary, immediately declare a material breach of this Agreement and suspend all further
work pursuant to this Agreement.
U. ABANDONMENT OR DELAY OF WORK
CITY reserves the right to terminate the Contractor's control of the Work in accordance with
Section 8 -1.08 "Termination of Control of the Caltrans Standard Specifications.
CITY reserves the right to terminate the contract in accordance with Section 8 -1.11
"Termination of Contract of the Caltrans Standard Specifications.
CITY also reserves the right to terminate the Contract for any of the following reasons:
The Contractor is insolvent or has made a general assignment for the benefit of
creditors, or a receiver has been appointed on account of the insolvency of the
Contractor.
The Contractor or any of its subcontractors violate any of the material provisions of
the Agreement or fail to perform the Work within the time specified in the Contract
Documents.
The Contractor or any of its subcontractors should fail to make prompt payment to
subcontractors or to suppliers for material or for labor.
The Contractor or a subcontractor persistently disregards laws, ordinances, or the
instructions of CITY or the Director of Public Works.
The Contractor fails to abide by a proper stop work notice or fails to correct rejected
work or materials.
The Contractor fails to provide and keep in full force and effect all required insurance
or fails to cause all subcontractors to so comply.
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The Contractor fails to supply a sufficient number of properly skilled workers or
proper materials, or fails to diligently prosecute the Work.
The Contractor commits any substantial violation of the Contract that constitutes a
material breach of the Contract.
CITY may, without prejudice to any other right or remedy, give written notice to the
Contractor of its intention to terminate the contract.
If, within seven (7) days of the delivery of such notice, the Contractor does not cease such
violation or otherwise make satisfactory arrangements for a correction thereof, which
arrangements are set forth in a written agreement signed by the Contractor and CITY, the
Contractor's right to complete the Work shall cease and terminate.
If CITY terminates the Contractor's control for failure to correct the violation, it shall
immediately give written notice of termination to the Contractor.
If CITY takes over the Work, it may prosecute the same to completion by contract or by any
other method it deems advisable, for the account and at the expense of the Contractor.
The Contractor shall be liable to CITY for any excess costs, including management,
supervision, and design support, occasioned thereby. In such event, CITY may, without
liability, take possession of and utilize in completing the Work, the Contractor's materials
and equipment to be incorporated into the Work, whether stored at the project site or
.elsewhere. Whenever the Contractor's right to proceed is terminated, the Contractor shall
not be entitled to receive any further payment until the Work is finished.
If CITY terminates the Contract for cause, CITY may retain out of any funds due or to
become due the Contractor the amount of the cost of completing the Work and any
expense incidental to reletting the contract or performing the Work. CITY may also hold the
Contractor and the Contractor's sureties responsible for such cost and expense, and for
any damages resulting from the abandonment or failure. The Contractor shall not receive
any further payment until the Work is complete.
V. ASSIGNMENT OF ANTI -TRUST CLAIMS
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 acknowledgement by the parties.
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W CONTRACTOR'S BOOKS AND RECORDS.
A. Contractor and its subcontractors shall establish and maintain records
pertaining to this contract. Contractor's and subcontractors' accounting systems shall
conform to generally accepted accounting principles and all records shall provide a
breakdown of total costs charged under this contract, including properly executed payrolls,
time records, invoices and vouchers.
B. Contractor shall maintain any and all ledgers, books of account,' invoices,
vouchers, canceled checks and other records or documents evidencing or relating to
charges for services or expenditures and disbursements charged to CITY for a minimum
period of three (3) years, or for any longer period required by law, from the date of final
payment to Contractor to this Agreement.
C. Contractor shall maintain all documents and records which demonstrate
performance under this Agreement for a minimum period of three (3) years, or for any
longer period required by law, from the date of termination or completion of this Agreement.
D. Any records, data or documents required to be maintained pursuant to this
Agreement shall be made available for inspection, copying or audit, at any time during
regular business hours, upon written request by CITY or a designated representative for
the purpose of auditing and verifying statements, performance, invoices, or bills submitted
by Contractor pursuant to this contract and shall provide such assistance as may be
reasonably required in the course of such inspection. Copies of such documents shall be
provided to CITY for inspection at City's facility when it is practical to do so. Otherwise,
unless an alternative is mutually agreed upon, the records shall be available at Contractor's
address indicated for receipt of notices in the Agreement.
E. Where CITY has reason to believe that such records or documents may be
lost or discarded due to dissolution, disbandment or termination of Contractor's business,
CITY may, by written request, require that custody of the records be given to CITY and that
the records and documents be maintained at City's facility. Access to such records and
documents shall be granted to any party authorized by Contractor, Contractor's
representatives, or Contractor's successor -in- interest.
F. Pursuant to California Government Code Section 8546.7, the parties to this
Contract shall be subject to the examination and audit of representative of the Auditor
General of the State of California for a period of three (3) years after final payment under
the contract. The examination and audit shall be confined to those matters connected with
the performance of this contract including, but not limited to, the cost of administering the
contract.
SECTION GC -8 PROSECUTION AND PROGRESS
A. GENERAL
The prosecution and progress of the work shall conform to Section 8 of the Caltrans
Standard Specifications and the Special Conditions.
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B. SUBLETTING AND ASSIGNMENT
Attention is directed to Section 8 -1.01 "Subcontracting of the Caltrans Standard
Specifications which provides that the Contractor shall give personal attention to the
performance of the Contract and shall keep the Work under its control.
No subcontractors will be recognized as such, and all persons engaged in the work of
construction will be deemed employees of the Contractor. The Contractor will be held
responsible for all subcontractors' work, which shall be subject to the provisions of the
Contract and specifications.
When a portion of the work that has been subcontracted by the Contractor is not being
prosecuted in a manner satisfactory to CITY, the subcontractor shall be removed
immediately on the requisition of CITY and shall not again be employed on the work.
Attention is directed to Section 8 -1.02 "Assignment of the Standard Specifications. The
performance of the Contract may not be assigned except upon written consent of CITY.
C. COMMENCEMENT OF WORK, PROGRESS, AND TIME FOR COMPLETION
The Contractor shall begin work within ten (10) working days after the date specified on the
Notice to Proceed and shall diligently prosecute the same to completion within the time set
forth in these Contract Documents.
D. HOURS OF WORK, HOLIDAYS, AND OVERTIME.
The Contractor shall perform all work during the working hours of 9:00 a.m. to 4:00 p.m.,
Monday through Friday (unless otherwise noted below). If the Contractor wishes to work
during any other hours or on weekends, the Contractor must obtain written permission from
CITY. The request must be received at least two (2) working days in advance of any work.
No work will be allowed on CITY holidays except in an emergency. A listing of CITY
holidays is available from the City Clerk's Office 13777 Fruitvale Avenue, Saratoga,
California, 95070.
If Contractor requests overtime work in which CITY will incur costs, CITY reserves the right
to bill the Contractor at time and one half to cover the costs incurred.
E. TEMPORARY SUSPENSION OF WORK
In accordance with Section 8 -1.05 "Temporary Suspension of Work in the Caltrans
Standard Specifications, the Director of Public Works or his designee shall have the
authority to suspend the Work wholly or in part, for such a period as the Director of Public
Works may deem necessary.
F. TIME OF COMPLETION AND LIQUIDATED DAMAGES
The Contractor shall complete all or any designated portion of the work called for under the
contract in all parts and requirements within the time set forth in the Special Conditions.
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The Contractor's attention is directed to Section 8 -1.07 "Liquidated Damages of the
Caltrans Standard Specifications which shall apply here. In addition to the foregoing
liquidated damages, CONTRACTOR shall pay any fines, penalties or other monetary
sanctions levied by any authority having jurisdiction over the Project on account of delays in
completing the WORK not solely attributable to CITY, including but not limited to violations
of discharge permit limits or other discharge restrictions.
The parties to the Contract agree that in case all the work called for under the Contract is
not completed before or upon the expiration of the time limit as set forth in this Agreement
damage will be sustained by the CITY. The parties further agree that it is and will be
impracticable to determine the actual damage that the CITY will sustain in the event of and
by reason of such delay. It is therefore agreed that the Contractor will pay to the CITY the
sum stated in the Notice Inviting Bids for each and every calendar day's delay beyond the
time prescribed to complete the work. The Contractor agrees to pay such liquidated
damages as herein provided, and in case the same are not paid, agrees that the CITY may
deduct the amount thereof from any monies due or that may become due the Contractor
under the Agreement.
It is further agreed that if the work called for under the Contract is not finished and
completed in all parts and requirements within the time specified, CITY shall have the right
to extend the time for completion. CITY is under no obligation to extend the time for
completion. If CITY decides to extend the time for completion, it shall further have the right
to charge to the Contractor, his heirs, assigns or sureties, and to deduct from the final
payment for the Work, all or any part, as it may deem proper, of the actual cost of
engineering, inspection, superintendence, and other overhead expenses which are directly
chargeable to the Contract, and which accrue during the period of such extension, except
that the cost of final surveys and preparation of final estimate shall not be included in such
charges.
The Contractor will not be assessed liquidated damages or the cost of engineering and
inspection during a delay in the completion of the Work caused by acts of God (as defined
in Public Contract Code Section 7105) or of the public enemy; fire; floods; epidemics;
quarantine restrictions; strikes; freight embargoes; unusually severe weather; and/or delays
of subcontractors due to such causes, provided that the Contractor within fifteen (15) days
from the beginning of any such delay notifies the Director of Public Works in writing of the
causes of delay. The Director of Public Works shall ascertain the facts and the extent of
delay, and the Director of Public Work's findings thereon shall be final and conclusive.
Except for the additional compensation provided for in Section 8 -1.09 "Right of Way
Delays of the Caltrans Standard Specifications, and except as provided in Public Contract
Code Section 7102, the Contractor shall have no claim for damage or compensation for
any delay or hindrance.
It is the intention of the above provisions that the Contractor shall not be relieved of liability
for liquidated damages or engineering and inspection charges for any period of delay in
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completion of the work in excess of that expressly provided for in Section 8 -1.07 of the
Caltrans Standard Specifications.
G. LIMITS OF WORK
The "limits of work" are shown on the plans (where applicable). The Contractor shall make
its own arrangements, and pay all expenses for additional area required outside of the
limits of work unless provided in the Special Conditions.
H. UTILITY FACILITIES
The Contractor shall protect from damage any utility facilities that are to remain in place, be
installed, relocated, or otherwise rearranged.
If the Contractor while performing the Work discovers utility facilities not identified in the
Contract Documents with reasonable accuracy, the Contractor shall immediately notify
CITY and the utility owner. CITY shall arrange the removal, relocation, or protection of
existing main or trunk line utility facilities located at the site of the Work but not identified in
the Contract.
If the Contractor is required to locate, repair damage not due to the Contractor's failure to
exercise reasonable care, and remove or relocate existing main or trunk line utility facilities,
it shall be compensated under Section 9 -1.03 "Force Account Payment of the Caltrans
Standard Provisions, including payment for equipment on the Project necessarily idled
during such work.
Contractor will not be entitled to damages or additional payment for delays caused solely
by the failure of CITY, or the owner of the utility, to provide for removal or relocation of
existing main or trunk line utility facilities not identified in the Contract Documents, except
for equipment necessarily idled during such work.
Contractor will not be assessed liquidated damages for delay in completing the work solely
attributable to the failure of CITY, or the owner of the utility, to provide for removal or
relocation of existing main or trunk line utility facilities not indicated in the Contract
Documents.
The right is reserved by CITY and by the owners of facilities or their authorized agents to
enter the job for the purpose of making such changes as are necessary for the
rearrangement of their facilities or for making necessary connections or repairs to their
properties. The Contractor shall cooperate with forces engaged in such work and shall
conduct its operations in such a manner as to avoid any delay or hindrance to the work
being performed by such other forces.
Attention is directed to the possible existence of underground facilities not known to CITY,
or in a location different from that which is shown on the plans or in the Special Conditions.
The Contractor shall take all steps reasonably necessary to ascertain the exact location of
all underground facilities prior to doing work that may damage such facilities or interfere
with their service, including but not limited to calling USA to mark utilities. See GC -7(L).
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1. COMPENSATION
Full compensation for conforming to the requirements of this section shall be deemed
included in the prices paid for the various contract items of work, and no separate payment
will be made therefor, except that this provision does not constitute a waiver, alteration, or
limitation of the applicability of California Public Contracts Code Section 7102.
SECTION GC -9 MEASUREMENT AND PAYMENT
A. GENERAL
Attention is directed to Section 9 "Measurement and Payment of the Caltrans Standard
Specifications which includes procedures for determination of payments, compensation for
extra work by force account, partial payments, and final payments.
B. SCOPE OF PAYMENT
The Contractor shall accept the compensation provided in the Contract as full payment for
furnishing all labor, materials, tools, equipment, and incidentals necessary to the completed
work and for performing all work contemplated and embraced under the contract; for loss or
damage arising from the nature of the work, from the action of the elements, or from any
unforeseen difficulties that may be encountered during the prosecution of the work until the
acceptance by CITY; for all risks of every description connected with the prosecution of the
work; for all expenses incurred in consequence of the suspension or discontinuance of the
work as provided in the contract; and for completing the work according to the plans and
specifications.
In accordance with Public Contract Code Section 9203, for any public work contract with a
total cost greater than five thousand dollars ($5,000) progress payments shall not be made
in excess of ninety -five percent (95 of actual Work completed plus a like percentage of
the value of material delivered on the ground or stored subject to, or under the control of,
CITY, and unused.
In all contracts with subcontractors, the contractor shall comply with Public Contract Code
Section 7200 regarding the percentage of retention proceeds withheld.
Neither the payment of any estimate nor of any retained percentage shall relieve the
Contractor of any obligation to make good any defective work or material.
Contractor shall submit certified payroll reports with each payment request.
CITY shall review each payment request and tender payment in accordance with Public
Contract Code Section 20104.50.
No compensation will be made in any case for loss of anticipated profits. Contractor shall
include with each estimate for payment a "Conditional Waiver and Waiver and Release
Upon Progress Payment" form as prescribed in Civil Code Section 3262 signed by all
subcontractors, material suppliers, equipment lessors and other parties covering labor,
materials, equipment or services included in the pay estimate. Within thirty (30) days of the
date CITY makes payment to the Contractor on an estimate for payment, the Contractor
41
shall obtain and submit to Owner "Unconditional Waiver and Release Upon Progress
Payment" in the form prescribed in Civil Code Section 3262 from the same subcontractors,
suppliers, equipment lessors and others. These forms are included at the end of the
General Conditions Section, following subsection GC -13.
C. EXTRA AND FORCE ACCOUNT WORK
Extra work as herein before defined, when ordered and accepted, shall be paid for under a
written work order in accordance with the terms therein provided, and as provided in
Section GC -4 (F) of the General Conditions. Payment for extra work will be made at the
unit price or lump sum previously agreed upon in writing or by force account as provided in
Section 9 -1.03 "Force Account Payment") of the Caltrans Standard Specifications.
D. STOP NOTICES
CITY, by and through appropriate City of Saratoga office or officers, may at its option and
at any time retain out of any amounts due the Contractor, sums sufficient to cover claims
stated in stop notices filed pursuant to Civil Code Sections 3179 et seq. and to provide for
the cost of any litigation thereunder.
E. PAYMENT
Upon final approval and acceptance of the work by CITY, Contractor shall be paid all sums
of money in accordance with the terms and conditions as outlined in the Contractor's
submittal of City's Bid Form.
No such estimate or payment shall be construed to be an acceptance of any defective work
or improper materials.
F. SUBSTITUTION OF SECURITIES FOR WITHHELD AMOUNTS
Pursuant to Public Contract Code Section 22300, the Contractor may substitute securities
for any monies retained to ensure performance. At the request and expense of the
Contractor, securities equivalent to the amount retained shall be deposited with CITY, or
with a state or federally chartered bank in California as the escrow agent, and CITY shall
then pay such monies to the Contractor. Alternatively, the Contractor may request that
CITY make payment directly to the escrow holder, to be invested at the Contractor's
expense and direction.
Eligible securities shall include those listed in Government Code Section 16430, or 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 CITY. The
Contractor shall be the beneficial owner of any securities substituted for monies, and shall
receive any interest on such securities.
Any escrow agreement shall be substantially similar in form to the form of escrow
agreement included in Public Contract Code Section 22300(f).
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G. FINALIZING PROGRESS PAYMENT
CITY shall, after the completion of all Work required under the Contract, make a final
estimate of the amount of work done, and the value of such work, and CITY shall pay
ninety percent (90 of the entire sum so found to be due after deducting therefrom all
previous payments and all amounts to be kept and all amounts to be retained under the
provisions of the Contract Documents.
H. FINAL PAYMENT
The 10% retained by CITY after each progress payment is made shall be due and payable
to the Contractor after the expiration of thirty -five (35) days from the date of recordation of
the Notice of Completion following acceptance of the Work by CITY. It is expressly
understood that said final payment or a portion thereof may not be paid to the Contractor if
any stop notices are properly filed.
No certificate given or payments made under the Contract, except the final certificate or
final payment, shall be conclusive evidence of the performance of the Contract, either
wholly or in part, against any claim of CITY, and no payments shall be construed to be
acceptance of any defective work or improper materials.
Payment by CITY of the final undisputed amount due under the Contract, including
payment based upon adjustments for any work done in accordance with any alterations of
the Contract Documents, shall be contingent upon the Contractor furnishing CITY with a
release of all claims against CITY arising by virtue of the contract related to those amounts.
In the event the Contractor has any such claims, such claims in stated amounts may be
specifically excluded by the Contractor from the release, in which case the payment by
CITY may be of only undisputed amounts.
I. REPAIR OR RECONSTRUCTION OF DEFECTIVE WORK
If, within a period of one (1) year after final acceptance of the work performed under this
contract, any structure furnished, installed, constructed, and /or caused to be installed or
constructed by the Contractor, or any of the work done under this contract, fails to fulfill any
of the requirements of the Contract Documents, the Contractor shall without delay and
without any cost to CITY, repair, replace or reconstruct any defective or otherwise
unsatisfactory part or parts of the Work. Should the Contractor fail to act promptly or in
accordance with this requirement, or should the situation require that repairs or
replacements be made before the Contractor can be notified, CITY may, at its option, make
the necessary repairs or replacements or perform the necessary work and the Contractor
shall pay to CITY the actual cost of such repairs plus 25
J. FISCAL AGENT PAYMENT
With certain exceptions, all monies for the progress payments and final payment under the
contract will be sent to the Contractor. CITY will send, by first -class mail, warrants payable
to the Contractor to the mailing address specified on the separate payment request certified
and approved by CITY.
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K. CLAIMS PROCEDURES
Attention is directed to the provisions in Section 9 "Measurement and Payment of the
Caltrans Standard Specifications regarding notice of claims or potential claims, which shall
apply to any and all claims, including requests for additional compensation and/or an
adjustment in the time for performing the Work. Claims shall be resolved by arbitration as
described in Section 9 -1.10 of the Caltrans Standard Specifications.
SECTION GC -10 DUST CONTROL
The Contractor shall provide suitable means for dust control by applying either water or
dust palliative for operations within the limits of the Work. Dust control work shall be
performed in such manner to prevent dust at all times, including during non working hours.
Full compensation for providing dust control shall be deemed included in the prices paid for
the various contract items of work, and no separate payment will be made therefor.
If dust control is not performed in a manner satisfactory to the Director of Public Works,
then either (i) work shall be suspended until the dust control measures are sufficient or (ii)
dust control may be performed by CITY, or its designee, and CITY will deduct all costs it
incurs performing dust control plus twenty -five percent (25 from amounts due or that
become due to Contractor.
SECTION GC -11 RESERVED
SECTION GC -12 DIFFERING SITE CONDITIONS
The Contractor shall promptly, and before the following conditions are disturbed, notify
CITY in writing of any:
a) Material that the Contractor believes may be hazardous waste, as defined in
California Health and Safety Code Section 25117, 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 materially from those
indicated in the Contract Documents; or
c) Unknown physical conditions at the site of any unusual nature, differing materially
from those ordinarily encountered and generally recognized as inherent in work of
the character provided for in the Contract Documents.
CITY shall promptly investigate the conditions. If it finds that such conditions do materially
differ from conditions indicated in the Contract Documents or ordinarily encountered in work
of this character, or do involve hazardous waste, and cause an increase or decrease in the
Contractor's costs or the time needed to perform any part of the Work, CITY shall issue a
change order under the provisions described in the Contract Documents. No claim of the
Contractor under this clause shall be allowed unless the Contractor has given the notice
required in the Contract Documents. In the event a dispute arises between CITY and the
44
Contractor as to whether the conditions materially differ, or involve hazardous waste, or
cause a decrease or increase in the Contractor's costs or the time needed to perform any
part of the Work, Contractor shall not be excused from completing the Work as provided in
the Contract Documents. The Contractor shall proceed with all work to be performed under
the Contract Documents. The Contractor shall retain any and all rights provided either by
the Contract Documents or by law that pertain to the resolution of disputes and protests.
SECTION GC -13 ARCHAEOLOGICAL EXAMINATION
If archaeological materials are uncovered during grading, trenching or other excavation,
earthwork within 100 feet of these materials shall be stopped until a professional
archaeologist certified by the Society of California Archaeology (SCA) and /or by the Society
of Professional Archaeology (SOPA) has had an opportunity to evaluate the significance of
the find and to suggest appropriate mitigation measures as necessary.
In the event the work of archaeological examination and related work delays the
Contractor's work, he shall be entitled to an extension of time to complete the work equal to
the number of working days the Work is thus delayed. However, the Contractor shall have
no claim for compensation as a consequence of delay of the Work for the period of time
required by CITY for such archaeological examination and related work.
45
CONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT
Upon receipt by the undersigned of a check from
(Maker of Check) in the sum of (Amount of Check) payable to
(Payee or Payees of Check) and when the check has been properly
endorsed and has been paid by the bank upon which it is drawn, this document
shall become effective to release any mechanic's lien, stop notice, or bond right
the undersigned has on the job of CITY located at (Job
Description) to the following extent. This release covers a progress payment for
labor, services, equipment or material furnished to (Your
Customer) through (Date) only and does not cover any retentions
retained before or after the release date; extras furnished before the release date
for which payment has not been received; extras or items furnished after the
release date. Rights based upon work performed or items furnished under a
written change order that has been fully executed by the parties prior to the
release date are covered by this release unless specifically reserved by the
claimant in this release. This release of any mechanic's lien, stop notice, or bond
right shall not otherwise affect the contract rights, including rights between
parties to the contract based upon a rescission, abandonment, or breach of the
contract, or the right of the undersigned to recover compensation for furnished
labor, services, equipment, or material covered by this release if that furnished
labor, services, equipment, or material was not compensated by the progress
payment. Before any recipient of this document relies on it, said party should
verify evidence of payment to the undersigned.
DATED: 20_
By
Its
46
CONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT
Upon receipt by the undersigned of a check from
in the sum of payable to
and when the check has been properly endorsed and has been paid by the bank
upon which it is drawn, this document shall become effective to release any
mechanic's lien, stop notice, or bond right the undersigned has on the job of the
City of Saratoga located at (Job
Description). This release covers the final payment to the undersigned for all
labor, services, equipment or material furnished on the job, except for disputed
claims for additional work in the amount of Before any recipient of
this document relies on it, the party should verify evidence of payment to the
undersigned.
DATED:
By
Its
47
UNCONDITIONAL WAIVER AND RELEASE UPON PROGRESS PAYMENT
The undersigned has been paid and has received a progress payment in
the sum of for labor, services, equipment or material furnished to
(Your Customer)
on the job of City of Saratoga located at (Job
Description) and does hereby release any mechanic's lien, stop notice, or bond
right that the undersigned has on the above referenced job to the following
extent. This release covers a progress payment for labor, services, equipment,
or materials furnished to (Your
Customer) through (Date) only and does not cover any
retentions retained before or after the release date; extras furnished before the
release date for which payment has not been received; extras or items fumished
after the release date. Rights based upon work performed or items furnished
under a written change order that has been fully executed by the parties prior to
the release date are covered by this release unless specifically reserved by the
claimant in this release. This release of any mechanic's lien, stop notice, or bond
right shall not otherwise affect the contract rights, including rights between
parties to the contract based upon a rescission, abandonment, or breach of the
contract, or the right of the undersigned to recover compensation for furnished
labor, services, equipment, or material covered by this release if that furnished
labor, services, equipment, or material was not compensated by the progress
payment.
DATED:
By
Its
NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND
STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS.
THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN
IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A
CONDITIONAL RELEASE FORM.
48
UNCONDITIONAL WAIVER AND RELEASE UPON FINAL PAYMENT
The undersigned has been paid in full for all labor, services, equipment or
material furnished to: (Your Customer) on the
job of the City of Saratoga located at (Job
Description) and does hereby waive and release any right to a mechanic's lien,
stop notice, or any right against a labor and material bond on the job, except for
disputed claims for extra work in the amount of
DATED:
By
Its
NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND
STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS.
THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN
IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT BEEN PAID, USE A
CONDITIONAL RELEASE FORM
49
1. SPECIAL QUALIFICATIONS
Contractor is advised that in addition to the standard qualifications, the following
additional specialty qualifications apply to this Contract:
2. SPECIALTY WARRANTIES
In addition to the standard Warranties for overall workmanship and landscaping
work identified in General Conditions Section GC 20, the following specialty
warranties are required:
None
3. AWARD
SPECIAL CONDITIONS
The award of the contract, if it is to be awarded, will be to the lowest responsive
responsible bidder whose proposal complies with all the requirements of the bid
documents. The low bid will be determined based upon:
4. ORDER of WORK
Base bid only
The Contractor shall provide for the orderly progression of work. The Contractor
is advised of the following constraints or City requirements with respect to order
of work: Order of work will be coordinated with and approved by City's Project
Inspector and Project Engineer
5. LIMITS of WORK
Contractor is advised that the City will provide off -site areas for Contractor
activities as follows:
None
6. TESTING
Contractor is advised that the following special testing requirements apply:
7. SOUND CONTROL
Contractor shall implement the following sound control measures:
50
8. PERMITS AND LICENSES
The Contractor is required a City of Saratoga Business License prior to
commencing work. The City of Saratoga has obtained the following permits in
connection with the Work:
9. PUBLIC CONVENIENCE SAFETY
When the Traffic is restricted to one (1) lane only the Contractor shall
provide /contract Sheriff Deputy Officers for the traffic control at the signalized
intersections of Saratoga Ave /Lawrence Expwy, Saratoga Ave /Cox Ave,
Saratoga Ave /Dagmar Or and Saratoga Ave/ Scotland Dr. due to the close
vicinity of highway 85 and the heavy traffic on Saratoga Ave. This shall be paid
under Item #3 Traffic Control at no additional cost to the City.
Please contact Terry Calderone for the Sheriff Deputy Officers at (408) 868-
6610.
10. HOURS of WORK
Two (2) lanes of traffic shall be maintained at all times between the hours of 4:00
PM and 9:00 AM. Traffic may be restricted to one (1) lane only between the
hours of 9:00 AM and 4:00 PM. Contractor is advised that operations may be
performed outside the normal hours (7:30 am to 5:00 pm Monday Friday) of work
only as follows: Special written permission of City Manager.
11. MITIGATION MEASURES
As part of the environmental review process, the City of Saratoga has agreed to
the following mitigation measures, which measures are part of the Work:
12. MILESTONES and SCHEDULES
A. Construction Progress Schedule.
The Contractor shall prepare and submit the Contractor's Initial
Construction Schedule within ten (10) calendar days after the issuance of the
Notice to Proceed. The Initial Construction Schedule shall be in a form
acceptable to the Engineer, and shall be produced using Microsoft Projects or
other software acceptable to CITY. Contractor shall provide the Initial Schedule
in electronic format acceptable to City.
Activity durations shall be the total number of actual days required to
perform the work including consideration of weather impacts. Area codes shall
distinguish construction activities related to individual buildings or areas within
buildings (i.e. locker rooms) and site work.
51
Contractor staff preparing schedules shall be qualified and experienced in
the scheduling method specified and capable of fulfilling the scheduling
requirements of this section for the duration of the contract.
The Engineer will meet with the Contractor to review and comment on the
Contractor's Initial Schedule within five (5) days of its receipt. The Contractor will
finalize and re- submit the schedule within five (5) days of the review meeting.
Upon favorable review by the Director of Public Works, the Initial Schedule will
become the project Baseline Contract Schedule. The Baseline Schedule shall
not be revised without written approval of the City. CITY shall have the right to
withhold progress payments from the Contractor at its discretion if the Contractor
fails to finalize and obtain approval for the Baseline Contract Schedule within the
prescribed period.
Failure of the Contractor to incorporate all elements of work required for
the performance of the contract or any inaccuracy in the Baseline Contract
Schedule shall not excuse the Contractor from performing all work required for a
completed project within the specified contract time period, notwithstanding CITY
's Representatives favorable review of the Baseline Contract Schedule.
B. Monthly Interval Updates.
The Contractor shall submit an up dated Schedule of the work at least
once each month. The schedule shall be submitted no later than five (5) working
days from the first of the month and shall be submitted both on paper and on
disc. Schedule updates are an essential part of each progress payment
application. CITY will not process progress payment applications without an
updated schedule in the specified format.
The monthly schedule updates shall include:
The Contractor's estimated percentage complete (progress) for each
activity in progress.
Actual start/finish dates for activities.
Identification of errors, if any, from the previous updated schedule.
The Schedule Update Reports shall consist of:
A bar chart showing the previous month's work and a three (3) month
projection of upcoming work. The data included on the bar chart shall
consist of the activity number, activity description, early start and finish
date, original duration, remaining duration, percent complete, and total
float.
52
A CPM tabular report sorted by responsibility, early start date that includes
activity number, activity description, original duration, remaining duration,
early and late start dates, early and late finish dates, total float, percent
complete, activity budget cost, and activity earned cost.
The Schedule Reports shall consist of:
Time scaled network logic diagram(s) reflecting the activities, the
interrelationships and logic ties between activities, activity duration and
float. The diagram(s) shall be organized by Area. Diagrams shall be no
smaller than "D" size (24" x 36 and no larger than "E" size (36" x 48
A CPM tabular report sorted by responsibility, early start date that includes
Activity number, activity description, original duration, remaining duration,
early and late start dates, early and late finish dates, total float, percent
complete, activity budget cost, and activity earned cost.
Contractor shall submit with each schedule update an updated electronic
version.
C. Short Interval Schedule
Short Interval Schedules (SIS) shall be submitted to the Engineer at every
weekly site meeting. The Interval shall be three weeks and shall include the past
week, the week submitted and the week thereafter. The SIS may be prepared by
hand. The SIS shall be based on the Contract Schedule and shall be in bar chart
form. The SIS shall be in sufficient detail to evaluate the Contractor's
performance in the preceding week and planned progress in upcoming weeks vis
a vis the Contract Schedule and Updates thereof.
D. Float Time
Float or slack time is defined as the amount of time between the earliest
start date and the latest start date or the earliest finish date and the latest finish
date of a scheduled activity. Float or slack time is not for the exclusive use or
benefit of either the Contractor or CITY. The Contractor acknowledges and
agrees that actual delays affecting path of activities containing float will not have
any effect upon the Contract completion date, provided that the actual delay does
not exceed the float time associated with those activities.
E. Construction Schedule Revisions
If during the process of schedule updating it becomes apparent that the
Construction Schedule no longer represents the actual prosecution and progress
of the work, City may require the Contractor to submit a revised schedule at no
additional cost to CITY. CITY shall have the right to withhold progress payments
53
from the Contractor at its discretion, if the Contractor fails to submit a timely,
detailed and workable schedule. Updating the construction schedule to reflect
actual progress shall not be considered to be a revision of the Schedule.
If actual progress of the Work falls fourteen (14) days behind the most
recent schedule update favorably reviewed by Engineer, Contractor shall prepare
and submit a recovery schedule within five (5) working days of a written request
to explain and display how Contractor intends to reschedule activities (including
increasing working hours, shifts, days, or equipment) to regain compliance with
the Construction Schedule.
F. Final CPM Schedule at Completion of Contract
At the completion of the contract and prior to the release of any bonds or
final payment by CITY, the Contractor shall submit a final CPM schedule,
showing the actual sequence and duration of activities.
G. Early Completion of Project
In the event the Contractor wishes to complete work earlier than the
specified contract completion date, and CITY and Director of Public Works
approve such earlier completion, the following conditions apply:
Approval by CITY of Contractor's proposed earlier completion date shall
not change the contract completion date. Contractor shall not, under any
circumstances, receive additional compensation from CITY for indirect,
general, administrative or other forms of overhead costs, for the period
between the time of earlier completion proposed by the Contractor and the
official contract completion date.
H. Time Extension Requests
The monthly Updated construction schedules submitted by the Contractor
shall not show a completion date later than the Contract Time, subject to any
time extensions granted by CITY.
If the Contractor believes that it is entitled to an extension of the Contract
Time due to a Change Order, delay /disruption or other event beyond its control,
the Contractor, within ten (10) working days of the qualifying event(s), shall
submit:
1. A Time Extension Request notification letter with a detailed
narrative justifying the time extension requested;
2. Analysis of the delay impact, identifying all schedule activities that
are affected by the subject occurrence;
54
3. A tabular report of the qualifying schedule the analysis is based on;
and
4. A schedule analysis entitled Time Extension Request Schedule"
that incorporates the findings of the analysis of delay impact into
the latest update of the project schedule.
Time extension request schedules shall be time scaled, utilizing a
computer generated network analysis unless otherwise approved by the Director
of Public Works. The time extension request shall forecast the adjusted project
completion date and impact to any intermediate milestones.
Contract time extensions shall be granted only to the extent the equitable
time adjustments to the activity or activities affected by a change order or
delay /disruption exceed the total float of a critical activity (or path) and extend the
Contract Completion Date.
When Contractor does not submit a Time Extension Request within ten
(10) working days, it is mutually agreed that the particular Change Order
(including Proposed Change Order) or delay /disruption does not affect the
construction schedule and hence no time extension is due to the Contractor.
CITY shall have no obligation to consider any time extension request if the
Contractor does not comply with the requirements of the Contract Documents.
CITY shall not be responsible or liable to the Contractor for any constructive
acceleration due to failure of CITY to grant time extensions under the terms of
this contract, should Contractor fail to comply with the time extension submission
and justification requirements stated herein.
55
STATEMENT OF EXPERIENCE AND QUALIFICATIONS
56
CONTRACTOR'S EXPERIENCE AND QUALIFICATIONS
The following statements as to the experience and qualifications of the bidder are
to be submitted with the Contract Bid, as a part thereof. The bidder warrants that
the information provided is true and accurate.
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 Bid extends over a period of years.
The bidder, as a contractor, has successfully completed at least two (2) projects
of like magnitude, comparable difficulty and rates of progress to the work,
including: (list two or more projects).
The bidder, as a contractor, has never failed to satisfactorily complete a contract
awarded to the Contractor, except as follows: (name any and all exceptions and
reasons therefor).
57
The bidder has satisfactorily completed the following contracts in the last three
(3) years, for the owner indicated, and to whom reference is made (list five
contracts). (Provide a contact person and telephone number for each project.)
CONTRACT YEAR TYPE OF WORK AMOUNT CONTACT
The names of all persons interested in the foregoing bids as principals are as
follows: (NOTE: If Bidder or other interested person is a corporation, state the
legal name of the corporation, along with the names of the president, secretary,
treasurer, and manager thereof; if a general partnership, state true name of the
firm, also the names of all individual partners composing the firm; if a limited
partnership, the names of all general partners and limited partners; and if Bidder
or other interested person is an individual, state first and last names in full.)
Contractor's License Number:
License Renewal Date:
58
BID FORM
59
CONTRACT BID
TO
CITY OF SARATOGA
FOR
SARATOGA AVENUE OVERLAY AND REHABILITATION PROJECT
Name of Bidder of
Business Address
Telephone and Facsimile
TO THE CITY COUNCIL OF THE CITY OF SARATOGA:
Pursuant to and in compliance with your Notice Inviting Bids for SARATOGA
AVENUE OVERLAY AND REHABILITATION PROJECT, and the other Contract
Documents relating thereto, the undersigned Bidder, being fully familiar with the
terms of the Contract Documents, the current general prevailing wage rates, local
conditions affecting the performance of the Project, the character, quality,
quantities and scope of the work, and the cost of the work at the place of
performance, hereby proposes and agrees, within the time stipulated in the
Contract Documents, to furnish to the City of Saratoga all of the transportation,
materials, equipment, tools, excavation, sheeting, shoring, bracing, supports,
plant and other facilities, labor, services, permits, utilities, and other items
necessary to conduct and complete said work, all in strict conformity with the
Contract Documents, including Addenda Nos. and on file at the
City of Saratoga Public Works Department, for the total price of
dollars
Pursuant to Labor Code Section 6705, if the work to be performed includes
trenching or excavation more than five feet (5') in depth and the total contract
price exceeds twenty -five thousand dollars ($25,000), the Contractor must submit
and the Director of Public Works must approve 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.
Pursuant to Labor Code Section 6707, if the work to be performed includes
trenching or excavation more than five feet (5') in depth, each bid must contain,
set forth as a separate bid item, sheeting, shoring, and bracing or equivalent
method for protecting workers.
60
Sheeting, shoring or bracing: dollars
(All such costs are included in the total price set forth above.)
Bidder acknowledges receipt of the following addendum or addenda during the
bidding period and represents that the information contained in the addendum or
addenda has been considered in the preparation of this bid proposal: Addendum
NOTE: failure to acknowledge receipt of all addenda may be considered an
irregularity in the bid proposal.
Bidder declares that the only persons or parties interested in this bid are those
named herein, and that this bid is made without collusion with any person, firm or
corporation. Bidder proposes and agrees, if the bid is accepted, that Bidder will
execute a contract with CITY, in strict conformity to the Contract Documents, in
the form set forth in the Contract Documents, and will perform the entire work for
the prices set forth in the attached Bid Schedule, upon which the award of
contract is made.
61
ITEM
QUANT.
UNIT
DESCRIPTION
UNIT
PRICE
PRICE
1
4750
TON
ASPHALT CONCRETE OVERLAY (2 INCH)
2
2100
TON
REPAIR FAILED STREET SECTION (RFSS), 4 INCH
SECTION
3
1
LUMP
SUM
TRAFFIC CONTROL includes provide /contract Sheriff
Deputy Officers at the signalized intersections
4
13700
LIN. FT.
WEDGE CUT
5
670
LIN. FT.
CONFORM
6
28
EA.
ADJUST WATER VALVES
7
5
EA.
ADJUST MONUMENTS
8
5
Eq.
ADJUST STORM SEWER MANHOLES
9
12
EA.
ADJUST SANITARY SEWER MANHOLES
10
2
EA.
ADJUST AT&T MANHOLES
11
2
EA.
ADJUST TRAFFIC LOOP G -5 BOX
12
1
EA.
INSTALL TRAFFIC LOOP G -5 BOX
13
3
EA.
INSTALL TRAFFIC DETECTOR LOOPS (TYPE D
14
13
EA.
INSTALL TRAFFIC DETECTOR LOOPS (TYPE A)
15
4
EA.
INSTALL BICYCLE DETECTOR LOOPS (TYPE Q)
16
300
LIN. FT.
THERMOPLASTIC STRIPING DETAIL 22 WITH TYPE
D MARKERS (INCL. REMOVAL OF EXIST. STRIPING,
IF NECESSARY)
17
6150
LIN. FT.
THERMOPLASTIC STRIPING DETAIL 25 WITH TYPE
H MARKERS (INCL. REMOVAL OF EXIST. STRIPING,
IF NECESSARY)
18
7865
LIN. FT.
THERMOPLASTIC STRIPING DETAIL 9 WITH TYPE C
MARKERS (INCL. REMOVAL OF EXIST. STRIPING, IF
NECESSARY)
19
7515
LIN. FT
THERMOPLASTIC STRIPING DETAIL 39, 39A (INCL.
REMOVAL OF EXIST. STRIPING, IF NECESSARY)
20
540
LIN. FT.
THERMOPLASTIC STRIPING DETAIL 38 WITH TYPE
G MARKERS (INCL. REMOVAL OF EXIST. STRIPING,
IF NECESSARY)
21
560
LIN. FT.
THERMOPLASTIC STRIPING -12 INCH LIMIT LINE
(INCL. REMOVAL OF EXIST. STRIPING, IF
NECESSARY)
SARATOGAAVENUE OVERLAY AND REHABILITATION PROJECT
62
ITEM
QUANT.
UNIT
DESCRIPTION
UNIT
PRICE
PRICE
22
7
EA.
THERMOPLASTIC 'STOP' WORD MARKINGS
(INCL. REMOVAL OF EXIST. STRIPING, IF
NECESSARY)
THERMOPLASTIC 'ONLY' WORD MARKINGS
(INCL. REMOVAL OF EXIST. STRIPING, IF
NECESSARY)
23
5
EA..
24
10
EA..
THERMOPLASTIC 'KEEP' WORD MARKINGS
(INCL. REMOVAL OF EXIST. STRIPING, IF
NECESSARY)
25
10
EA.
THERMOPLASTIC 'CLEAR' WORD MARKINGS
(INCL. REMOVAL OF EXIST. STRIPING, IF
NECESSARY)
26
20
EA.
PAINT 'BIKE' WORD MARKINGS (INCL.
REMOVAL OF EXIST. STRIPING, IF
NECESSARY)
27
20
EA.
PAINT 'LANE' WORD MARKINGS (INCL.
REMOVAL OF EXIST. STRIPING, IF
NECESSARY)
28
20
EA.
PAINT BIKE LANE SYMBOL MARKINGS (INCL.
REMOVAL OF EXIST. STRIPING, IF
NECESSARY)
29
20
EA.
PAINT BIKE LANE ARROW MARKINGS (INCL.
REMOVAL OF EXIST. STRIPING, IF
NECESSARY)
30
1
EA.
THERMOPLASTIC BICYCLE LOOP DETECTION
SYMBOL MARKINGS (INCL. REMOVAL OF
EXIST. STRIPING, IF NECESSARY)
31
3
EA.
THERMOPLASTIC STRIPING- -TYPE 6 ARROW
(INCL. REMOVAL OF EXIST. STRIPING, IF
NECESSARY)
32
5
EA.
THERMOPLASTIC STRIPING- -TYPE 3 (L)
ARROW 24 FEET (INCL. REMOVAL OF EXIST.
STRIPING, IF NECESSARY)
33
430
LIN. FT.
REMOVE AND REPLACE VERTICAL CURB
GUTTER (V -24)
34
272
LIN. FT.
REMOVE AND REPLACE ROLLED CURB
GUTTER (R -24)
35
350
SQ.FT.
REMOVE AND REPLACE CONCRETE
DRIVEWAY APPROACH (6 INCH)
36
773
LIN. FT.
REMOVE AC ONE FOOT WIDE (OFFSET 1 FT
FROM LIP OF GUTTER)
37
91
TON
CLASS 2 BASE ROCK
38
25
LIN. FT.
PAINT VERTICAL CURB (RED)
39
8
EA.
BLUE REFLECTIVE FIRE HYDRANT MARKERS
TOTAL BID
63
BID BOND
KNOWN ALL PERSONS BY THESE PRESENTS that,
hereinafter called the PRINCIPAL, and a
corporation duly organized under the laws of the State of having its principal
place of business at in the State of
and authorized to do business in the State of California, hereinafter call the
SURETY, are held and firmly bound unto the City of Saratoga, hereinafter called
the OBLIGEE, on order, in the sum of
Dollars (being at
least ten percent (10 of the total amount of PRINCIPAL 's bid) lawful money of
the United States, for the payment of which we bind ourselves, our heirs,
executors, administrators, successors, and assigns, jointly and severally, firmly
by these present.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT:
WHEREAS, the PRINCIPAL has submitted its Bid for the project entitled
SARATOGA AVENUE OVERLAY AND REHABILITATION PROJECT to the
OBLIGEE, said Bid, by reference thereto; being hereby made a part hereof.
NOW, THEREFORE, if said Bid is rejected or, in the alternative, if said Bid is
accepted and the PRINCIPAL signs and delivers a Contract and fumishes a
Performance Bond and Payment Bond, in the form and within the time required
by the Bid and the Contract Documents, then this obligation shall become null
and void, otherwise the same shall remain in full force and effect and upon
default of the PRINCIPAL shall be forfeited to the OBLIGEE, it being expressly
understood and agreed that the liability of the SURETY for any and all default of
the PRINCIPAL shall be the amount of this obligation as herein stated, as
liquidated damages. Such forfeiture and liquidated damages under this bond
shall be without prejudice to the OBLIGEE'S right to pursue any excess actual
damages from the PRINCIPAL for breach of contract or otherwise.
The SURETY, for value received, hereby agrees that the obligations of said
SURETY and its bond shall not be impaired or affected by any extension of the
time within which the OBLIGEE may accept such Bid, and the SURETY hereby
waives notice of any such extension.
In the event suit is brought upon this bond by the OBLIGEE and judgment is
recovered, the SURETY shall pay, in addition to the sum set forth above, all
costs incurred by the OBLIGEE in such suit, including reasonable attorney's fees
and expert witness fees, to be fixed by the court.
64
Signed this day of 2008
PRINCIPAL
SURETY
BY
Note: Signature of person executing for SURETY must be notarized and
evidence of corporate authority attached.
65
FAITHFUL PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the City of Saratoga, California (hereinafter referred to as
"Owner") and (hereinafter referred to as
"Contractor"), have entered into a written contract for furnishing of all labor,
materials, equipment, transportation and services for the construction of the
SARATOGA AVENUE OVERLAY AND REHABILITATION PROJECT
(hereinafter referred to as the "Construction Contract and
WHEREAS, Contractor is required by the terms of the Construction
Contract to furnish a bond for the faithful performance of all terms and conditions
of the Construction Contract;
NOW, THEREFORE, Contractor, as principal, and
(hereinafter referred to as "Surety as surety,
are held and firmly bound unto Owner in the penal sum of
Dollars lawful
money of the United States, for the payment of which sum well and truly to be
made as provided in this Performance Bond.
1. Contractor and Surety, jointly and severally, bind themselves, their heirs,
executors, administrators, successors and assigns to Owner for the performance
of the Construction Contract, which is incorporated herein by reference.
2. If Contractor timely performs each and every obligation under the
Construction Contract, Surety and Contractor shall have no obligation under this
Bond, except to participate in conferences as provided in Subparagraph 3.1.
3. Surety's obligation under this Performance Bond shall arise after:
3.1 Owner has declared a Contractor Default and has notified Contractor and
Surety at its address described in Paragraph 10 below that Owner has declared
a Contractor Default and has requested and attempted to arrange a conference
with Contractor and Surety to be held not later than seven days after receipt of
such notice to discuss methods of performing the Construction Contract; and
3.2 Owner has agreed to pay the Balance of the Agreement Price, as
calculated under the terms of the Construction Contract, to Surety in accordance
with the terms of the Construction Contract or to a contractor selected to perform
the Construction Contract in accordance with the terms of the Construction
Contract with Owner.
4. When Owner has satisfied the conditions of Paragraph 3, Surety shall
promptly and at Surety's expense take one of the following actions:
6E
4.1 Arrange for Contractor, with consent of Owner, to perform and complete
the Construction Contract; or
4.2 Undertake to perform and complete the Construction Contract itself,
through its agents or through independent contractors; or
4.3 Obtain bids or negotiated bids from qualified contractors acceptable to
Owner for a contract for performance and completion of the Construction
Contract, arrange for a contract to be prepared for execution by Owner and the
contractor selected with Owner's concurrence, to be secured with performance
and payment bonds executed by a qualified surety equivalent to the bonds
issued on the Construction Contract, and pay to Owner the amount of damages
as described in Paragraph 6 in excess of the Balance of the Agreement Price, as
calculated under the terms of the Construction Contract, incurred by Owner
resulting from Contractor's Default; or
4.4 Waive its right to perform and complete, arrange for completion, or obtain
a new Contractor and•with reasonable promptness under the circumstances:
1. After investigation, determine the amount for which it may be liable to
Owner and, as soon as practicable after the amount is determined, tender
payment thereof to Owner; or
2. Deny liability in whole or in part and notify Owner citing specific reasons
therefor.
5. If Surety does not proceed as provided in Paragraph 4 within twenty days
from receipt of the notice described in paragraph 3.1 (whether or not a
conference has been held pursuant to paragraph 3.1), or such longer period
upon which Owner and Surety may agree in writing, Surety shall be deemed to
be in default on this Bond. If the Surety proceeds as provided in Subparagraph
4.4, and Owner refuses the payment tendered or the Surety has denied liability,
in whole or in part, without further notice Owner shall be entitled to enforce any
remedy available to Owner.
6. After Owner has declared a Contractor Default, and if Surety elects to act
under Subparagraph 4.1, 4.2, or 4.3 above, then the responsibilities of Surety to
Owner shall not be greater than those of Contractor under the Construction
Contract, and the responsibilities of Owner to Surety shall not be greater than
those of the Owner under the Construction Contract. To the limit of the amount
of this Performance Bond, but subject to commitment by Owner of the Balance of
the Agreement Price to mitigation of costs and damages on the Construction
Contract, Surety is obligated without duplication for:
6.1 The responsibilities of Contractor for correction of defective work,
materials and equipment and completion of the Construction Contract;
67
6.2 Additional legal, design professional, construction management and delay
costs resulting from the Contractor's Default, and resulting from the actions or
failure to act of the Surety under Paragraph 4; and
6.3 Liquidated damages, or if no liquidated damages are specified in the
Construction Contract, actual damages caused by delayed performance or non-
performance of Contractor.
7. Surety shall not be liable to Owner or others for obligations of Contractor
that are unrelated to the Construction Contract, and the Balance of the
Agreement Price shall not be reduced or set off on account of any such unrelated
obligations. No right of action shall accrue on this Bond to any person or entity
other than Owner or its heirs, executors, administrators or successors.
8. Surety hereby waives notice of any change, including changes of time, to
the Construction Contract or to related subcontracts, purchase orders and other
obligations.
9. Any proceeding, legal or equitable, under this Bond may be instituted in
any court of competent jurisdiction. The prevailing party in any such action shall
be entitled to recover its attorneys' fees, to be taxed as an item of costs.
10. Notice to Surety, Owner or Contractor shall be mailed or delivered to the
address, or sent via facsimile to the facsimile number, shown on the signature
page.
11. DEFINITIONS
11.1 Balance of the Agreement Price: The total amount payable by Owner to
Contractor under the Construction Contract after all proper adjustments have
been made, including allowance to Contractor of any amounts received or to be
received by Owner in settlement of insurance or other claims for damages to
which Contractor is entitled, reduced by all valid and proper payments made to or
on behalf of Contractor under the Construction Contract.
11.2 Construction Contract: The agreement between the Owner and the
Contractor identified on the first page of this bond, including all Contract
Documents and changes thereto.
11.3 Contractor Default: Failure of the Contractor, which has neither been
remedied nor waived, to perform or otherwise to comply with the terms of the
Construction Contract.
68
CONTRACTOR, as Principal
By:
Its:
SURETY
By:
Its:
Address: Address:
FAX: FAX:
Note: Signatures of those executing for Surety must be properly acknowledged.
The bond must be accompanied by a power of attorney from the Surety
authorizing its agent to bind it to this bond.
69
LABOR AND MATERIALS PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS:
WHEREAS, the City of Saratoga, California (hereinafter referred to as
"Owner") and (hereinafter
referred to as "Contractor"), have entered into a written contract for furnishing of
all labor, materials, equipment, transportation and services for the construction of
the SARATOGA AVENUE OVERLAY AND REHABILITATION PROJECT
(hereinafter referred to as the "Construction Contract and
WHEREAS, Contractor is required by the terms of the Construction
Contract to furnish a bond to secure payment for all work, labor, materials,
equipment or services furnished in connection with the Construction Contract;
NOW, THEREFORE, Contractor, as principal, and
(hereinafter referred to as "Surety'), as surety, are held and firmly bound
unto Claimants, as defined herein, in the penal sum of
Dollars lawful money of the United States, for
the payment of which sum well and truly to be made as provided in this Payment
Bond.
1. Contractor and Surety, jointly and severally, bind themselves, their heirs,
executors, administrators, successors and assigns to Owner to pay for work,
labor, materials, equipment, services, or other items furnished for use and
actually used in the performance of the Construction Contract, which is
incorporated herein by reference.
2. With respect to Owner, this obligation shall be null and void if Contractor:
2.1 Promptly makes payment, directly or indirectly, for all sums due
Claimants, and
2.2 Defends, indemnifies and holds Owner harmless from claims, demands,
liens or suits by any person or entity whose claim, demand, lien or suit is for the
payment for work, labor, materials, equipment, services or other items furnished
for use in the performance of the Construction Contract, provided Owner has
promptly notified Contractor and Surety (at the address described in Paragraph
12) of any claims, demands, liens or suits and tendered defense of such claims,
demands, liens or suits to Contractor and Surety.
3. With respect to Claimants, this obligation shall be null and void if
Contractor promptly makes payment, directly or indirectly, for all sums due.
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4. Surety shall have no obligation to Claimants under this Bond until:
4.1 Claimants who are employed by or have a direct contract with Contractor
have given notice to Surety (at the address described below) and sent a copy, or
notice thereof, to Owner, stating that a claim is being made under this Payment
Bond and, with substantial accuracy, the amount of the claim.
4.2 Claimants who do not have a direct contract with the Contractor:
1. Have furnished written notice to Contractor and sent a copy, or notice
thereof, to Owner, as required by and conforming with Civil Code Sections 3252
and 3091; and
.2 Not having been paid within thirty (30) days of sending the required notice,
have sent a written notice to Surety (at the address described below) and sent a
copy to the Owner, stating that a claim is being made under this Payment Bond
and enclosing a copy of the previous written notice furnished to Contractor.
5. When the Claimant has satisfied the conditions of Paragraph 4, Surety
shall promptly and at Surety's expense take the following actions:
5.1 Send an answer to the Claimant, with a copy to Owner, within 20 days
after receipt of the claim, stating the amounts that are undisputed and the basis
for challenging any amounts that are disputed.
5.2 Pay or arrange for payment of any undisputed amounts.
6. Surety's total obligation shall not exceed the amount of this Payment
Bond, and the amount of this Payment Bond shall be credited for any payments
made in good faith by Surety.
7. Amounts owed by Owner to Contractor under the Construction Contract
shall be used for the performance of the Construction Contract and to satisfy
claims, if any, under the Performance Bond. By Contractor furnishing and Owner
accepting this Payment Bond, they agree that all funds earned by Contractor in
the performance of the Construction Contract are dedicated to satisfy obligations
of Contractor and Surety under this Bond, subject to the Owner's priority to use
the funds for the completion of the work or the satisfaction of Owner's claims,
including liquidated damages, under the Construction Contract.
8. Surety shall not be liable to Owner, Claimants or others for obligations of
the Contractor that are unrelated to the Construction Contract. Owner shall not
be liable for payment of any costs or expenses of any Claimants under this
Payment Bond, and shall have under this Payment Bond no obligation to make
71
payments to, give notices on behalf of, or otherwise have any obligation to
Claimants under this Payment Bond.
9. Surety hereby waives notice of any change, including changes of time, to
the Construction Contract or to related subcontracts, purchase orders and other
obligations.
10. No suit or action shall be commenced by a Claimant under this Bond other
than in a court of competent jurisdiction. The prevailing party in any such action
shall be entitled to recover its attorneys' fees, to be taxed as costs.
11. Notice to Surety, Owner or Contractor shall be mailed or delivered to the
address shown on the signature page.
12. This Payment Bond has been furnished to comply with Civil Code
Sections 3247 through 3252. Any provision in this Payment Bond conflicting with
those statutory requirements shall be deemed deleted and provisions conforming
to such statutory or other legal requirement shall be deemed incorporated herein.
The intent is that this Payment Bond shall be construed as a statutory bond and
not as a common law bond.
13. Upon request by any person or entity appearing to be a potential
beneficiary of this Payment Bond, the Contractor shall promptly furnish a copy of
this Payment Bond or shall permit a copy to be made.
14. DEFINITIONS
14.1 Claimant: An individual or entity identified in California Civil Code Sections
3181 or 3248.
14.2 Construction Contract: The agreement between Owner and Contractor
identified above, including all Contract Documents and changes thereto.
CONTRACTOR, as Principal
By:
Its:
SURETY
By:
Its:
Address: Address:
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FAX: FAX:
Note:. Signatures of those executing for Surety must be properly acknowledged.
The bond must be accompanied by a power of attorney from the Surety
authorizing its agent to bind it to this bond.
73
CONTRACT FOR CONSTRUCTION
SARATOGA AVENUE OVERLAY AND REHABILITATION PROJECT
74
THIS CONTRACT FOR CONSTRUCTION is made and entered into this ))day
of 2009, by and between the City of Saratoga, a municipal corporation
(herein called CITY) and herein called Contractor.
A. WHEREAS, the City has caused to be prepared in the manner prescribed by
law, plans, specifications and other contract documents for the public work of
construction [insert project name and contract number] herein described and shown
and has approved and adopted the Contract Documents, including the
specifications and plans, and has caused to be published in the manner and for the
time required by law a Notice Inviting Bids for the work described in the Contract
Documents, and
B. WHEREAS, the Contractor in response to the City's Notice has submitted to
the City a sealed bid proposal accompanied by a bid guaranty in an amount not
less than ten percent (10 of the amount bid for the construction of all of the
proposed work in accordance with the terms of the Contract Documents, and
C. WHEREAS, the City, in the manner prescribed by law, has publicly opened,
examined and declared the bids submitted and as a result has determined and
declared the Contractor to be the lowest responsible bidder and has duly awarded
to the Contractor a contract for all of the work and for the sum or sums named in
the bid proposal and in this Contract.
Accordingly, CITY and Contractor agree as follows:
(1) CONTRACT SUM: CITY agrees to pay, and the Contractor agrees to
accept, in full payment for the above work, the sum of five hundred fifty
five thousand four hundred eighty dollars and no cents to be paid in
accordance with the Contract Documents.
(2) COMPLIANCE WITH LAW: CITY is a public agency. All provisions of law
applicable to public contracts are a part of this contract to the same extent
as though set forth herein and will be complied with by the Contractor.
(3)
RECITALS
CONTRACT DOCUMENTS: The following Contract Documents relating to
this Contract for Construction are hereby made a part of and incorporated
by reference into this Contract:
The Notice inviting Bids
Information for Bidders
Statement of Experience and Qualifications Bid Form
75
Contract Proposal,
Faithful Performance Bond
Labor and Materials Payment Bond
Contractor's Certificate Regarding Worker's Compensation
Certificate of Insurance and Endorsements,
Affidavit Concerning Conflicts of Interest and Noncompetitive Practices
Fair Employment Practices Certificate
General Conditions, Special Conditions and Attachments thereto,
State of California Department of Transportation Standard Plans and
Specifications, current year
Plans and Specifications prepared by City of Saratoga, Inc.,
and supplemental agreements, certifications, and endorsements
applicable to this work, with all modifications incorporated in said
documents prior to receipt of the Contract Proposals.
Any work called for in one contract document not mentioned in another is
to be performed and executed the same as if mentioned in all Contract
Documents.
This Agreement (including all documents referred to above and
incorporated herein) represents the entire and integrated Agreement
between CITY and Contractor for the Project and supersedes all prior
negotiations, representations, or agreements, either written or oral. This
document may be amended only by written instrument, as provided in the
General Conditions.
(4) PROHIBITED INTEREST. Contractor represents that to the best of its
knowledge no director, officer, or employee of CITY has any interest,
contractual or non contractual, financial or otherwise, in this transaction or
in the business of Contractor. If any such interest comes to the knowledge
of Contractor at any time, a full and complete disclosure of all such
information shall be made in writing to CITY, even if such interest would
not be considered a conflict of interest under Article IV Division 4
(commencing with Section 1090) or Division 4.5 (commencing with
Section 3600) of the Government Code of the State of California. No
member, officer, or employee of CITY or of any of its member jurisdictions
76
(7)
during his/her tenure of office, or for one year thereafter, shall have any
interest, direct or indirect, in this Contract or the proceeds therefrom.
NOTICES. Any notices to be given hereunder by either party to the other
may be effected either by personal delivery, fax or mail. Mail shall be sent
registered or certified, postage pre -paid, return receipt requested. Mailed
notices shall be addressed to the parties at the addresses set forth below,
but each party may change its address by written notice in accordance
with this paragraph. Notices delivered personally shall be effective
immediately. Notices sent by mail shall be effective one (1) day after
mailing. Notices sent by facsimile shall be effective upon transmission to
the number set forth below.
CITY OF SARATOGA CONTRACTOR
Public Works Director
City of Saratoga
13777 Fruitvale Ave.
Saratoga, CA 95070
(408) 868 -1239
(6) Warranties. The Contractor hereby warrants and guarantees for one (1)
year from and after the date of completion of the services provided for in
this Agreement that said materials and labor necessary for the
SARATOGA AVENUE OVERLAY AND REHABILITATION PROJECT,
shall operate as provided for in the Technical Specifications and Contract
Documents. During the term of this warranty, Contractor shall provide all
materials, parts and labor, at its own expense, which are necessary to
repair and /or correct any and all defects, installation or operational failures
in the equipment from any cause. Notwithstanding the foregoing,
Contractor shall not be required to bear the expense of correction of any
failure in the equipment that is caused solely by the negligence or willful
misconduct of City. The warranties of each part or component supplied
are in addition to the warranties required of Contractor in the Contract
Documents.
Waiver. No waiver of any breach of the terms, conditions or covenants of
this contract shall be construed to be a waiver of any succeeding breach
of the same or any other covenants, conditions or terms of this contract.
The waiver by any party of a breach of this Contract shall not constitute a
continuing waiver, or a waiver of any subsequent breach, either of the
same of different provision of this Contract.
(8) Time of the Essence. Time is of the essence in this contract.
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(9) Controlling Law. This contract and all matters relating to it shall be
governed by the laws of the State of California.
(10) Entire Agreement. It is expressly agreed between CITY and Contractor
that this contract, including the documents listed in paragraph 3 and
incorporated herein, expresses the complete agreement between the
parties and supersedes all prior oral or written negotiations, agreements
and understandings between them regarding the subject matter hereof.
This Agreement may be amended only by written agreement between the
parties as provided in the Contract Documents.
CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND
REGULATED BY THE CONTRACTORS' STATE LICENSE BOARD WHICH
HAS JURISDICTION TO INVESTIGATE COMPLAINTS AGAINST
CONTRACTORS IF A COMPLAINT REGARDING A PATENT ACT OR
OMISSION IS FILED WITHIN FOUR (4) YEARS OF THE DATE OF THE
ALLEGED VIOLATION. A COMPLAINT REGARDING A LATENT ACT OR
OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE FILED
WITHIN TEN (10) YEARS OF THE DATE OF THE ALLEGED VIOLATION. ANY
QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE
REGISTRAR, CONTRACTORS' STATE LICENSE BOARD, P.O. BOX 26000,
SACRAMENTO, CALIFORNIA 95826.
78
This Agreement is executed by CITY upon approval by the Council at its regular
scheduled meeting of (0), and the Contractor has caused this Agreement to be
duly executed.
CITY OF SARATOGA CONTRACTOR:
By: By:
Dave Anderson, City Manager (Authorized Rep. Of Contractor)
ATTEST:
Dated:
Ann Sullivan, City Clerk
APPROVED AS TO FORM:
Richard Taylor
City Attorney
(Contractor Signatures must be Notarized)
Printed Name:
Title:
(Attach Acknowledgment for
Representative of Contractor)
Contractors License No.:
Expiration Date:
79
80
REQUIRED CERTIFICATIONS
Bidders Checklist
All forms must be properly signed and returned with Bid.
Statement of Experience and Qualifications (page 57)
Bid Form (page 60)
Bid Surety (page 64)
Certificate Regarding Workers Compensation (page 82)
Non Collusion Affidavit (page 83 and page 104)
Proposed Major Material Suppliers (page 84)
Proposed Subcontractors (page 85)
Affidavit Concerning Conflicts of Interest and Noncompetitive Practices (page 86)
Fair Employment Practices Certificate (page 87)
Contractor's Response Form (page 91)
Certification Concerning Control of Employee of Contractor (page 92)
Equal Employment Opportunity Certification (page 93)
Debarment and Suspension Certification (page 105)
Nonlobbying Certification (page 106)
Disclosure of Lobbying Activities (page 107)
LOCAL AGENCY BIDDER -UDBE COMMITMENT (CONSTRUCTION CONTRACTS)
INFORMATION (LOCAL ASSISTANCE PROCEDURES MANUAL Exhibit 15 -G (1)) (page 110)
EXHIBIT 15 -H UDBE INFORMATION -GOOD FAITH EFFORTS (LOCAL ASSISTANCE
PROCEDURES MANUAL EXHIBIT 15 -H) (page 120)
BIDDER'S LIST (49 CFR, Part 26.11) (LOCAL ASSISTANCE PROCEDURES MANUAL EXHIBIT 12-
G) (page 127)
Successful Bidder Checklist
All forms must be properly signed and returned.
Provide three copies of proof of insurance naming the City of Saratoga as an additional insured
and evidencing the coverage's and limits specified in Section T— Insurance, Pages 31 -36.
Provide three copies of Faithful Performance Bond either directly or on forms similar to those on
pages 66 -69.
Provide three copies of Labor and Material Bonds either directly or on forms similar to those on
pages 70 -73.
On page 75 under Contract Sum:, include the contract amount (spelled out and number form)
On Page 77, include address for notices to the contact.
Sign the contract signature page on page 79.
LOCAL AGENCY BIDDER -DBE INFORMATION (CONSTRUCTION CONTRACTS)
INFORMATION (LOCAL ASSISTANCE PROCEDURES MANUAL Exhibit 15 -G (2)) page 114
DISADVANTAGE BUSINESS ENTERPRISES (DBE) CERTIFICATION STATUS CHANGE
(LOCAL ASSISTANCE PROCEDURES MANUAL EXHIBIT 17 page 117
FINAL REPORT UTILIZATION OF DISADVANTAGE BUSINESSES (LOCAL ASSISTANCE
PROCEDURES MANUAL EXHIBIT 17 -F) page 124
AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) FUNDS REQUIRED
PROVISIONS (LOCAL ASSISTANCE PROCEDURES MANUAL EXHIBIT 12 -E Attachment
0) page 130
81
(SEAL)
82
CONTRACTOR'S CERTIFICATE REGARDING WORKER'S COMPENSATION
Contract with the CITY OF SARATOGA, for the construction of:
SARATOGA AVENUE OVERLAY AND REHABILITATION PROJECT
Labor Code Section 3700 provides in relevant part:
"Every employer except the state shall secure the payment of compensation in one or more of
the following ways:
(a) By being insured against liability to pay compensation in one or more insurers, duly
authorized to write compensation insurance in this state.
(b) By securing from the Director of Industrial Relations a certificate of consent to self- insure
either as an individual employer or as one employer in a group of employers, which may be
given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self
insure and to pay any compensation that may become due to his or her employees.
I am aware of the provisions of Section 3700 of the Labor Code, which require every employer
to be insured against liability for worker's compensation or to undertake self- insurance in
accordance with the provisions of that code, and I will comply with such provisions before
commencing the performance of the work of this contract.
Dated: 20_
(Contractor)
By
(Official Title)
Note: Labor Code Section 1861, provides that the above certificate must be signed and filed by
the Contractor with CITY prior to performing any work under this contract.
(Contractor Signatures must be Notarized)
State of California
County of ss.
being first duly sworn, deposes and says that he or
she is of the party making the
foregoing bid, that the bid is not made in the interest of, or on behalf of, any undisclosed
person, partnership, company, association, organization, or corporation; that the bid is genuine
and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any
other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired,
connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall
refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the bid price of the bidder or any
other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any
other bidder, or to secure any advantage against the public body awarding the contract of
anyone interested in the proposed contract; that all statements contained in the bid are true;
and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any
breakdown 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.
Signed: Date:
Bidder's Name:
83
NONCOLLUSION AFFIDAVIT
The bidder is required to furnish the following information on major materials and
manufacturers. No changes will be allowed in materials or manufacturers without the prior
approval of CITY.
2.
3.
4.
5.
6.
7
8.
Signature of Bidder
Date
84
PROPOSED MAJOR MATERIAL SUPPLIERS
PROPOSED SUBCONTRACTORS
Pursuant to the Subletting and Subcontracting Fair Practices Act (Public Contract Code
Sections 4100 et seq.), the following list gives the name, business address, and portion of
work (description of work to be done) for each subcontractor who will perform work or labor or
render service to the prime contractor in or about the construction of the work or
improvements, or a subcontractor licensed by the State of California who, under subcontract to
the prime contractor, specifically fabricates and installs a portion of the work or improvement
according to detailed drawings contained in the plans and specifications, in an amount in
excess of one -half of one percent of the prime contractor's total bid or, in the case of bids or
offers for the construction of streets or highways, including bridges, in excess of one -half of
one percent of the prime contractor's total bid or ten thousand dollars ($10,000), whichever is
greater. Additional supporting data may be attached to this page. Each page shall be
sequentially numbered, headed "Proposed Subcontractors" and shall be signed.
NAME BUSINESS DESCRIPTION AND OF
ADDRESS COST OF WORK WORK
After the award of contract, substitutions of the above listed proposed subcontractors may only
be made with the prior approval of CITY in accordance with Public Contract Code Section
4104.
85
Signature of Bidder
Date
State of ss
County of
86
AFFIDAVIT CONCERNING CONFLICTS OF INTEREST AND
NONCOMPETITIVE PRACTICES
A. Conflict of Interest. That the Contractor by entering into this contract with CITY to
perform or provide work, services or materials to CITY has thereby covenanted, and by this
affidavit does again covenant and assure that it has no direct or indirect pecuniary or
proprietary interest, and that it shall not acquire any such interest, which conflicts in any
manner or degree with the services required to be performed under this contract and that it
shall not employ any person or agent having any such interest. In the event that the
Contractor or its agents, employees or representative hereafter acquires such a conflict of
interest, it shall immediately disclose such interest to CITY and take action immediately to
eliminate the conflict or to withdraw from this contract, as CITY may require.
B. Contingent Fees and Gratuities. That the Contractor, by entering into this Contract with
CITY to perform or provide services or material for CITY has thereby covenanted, and by
this affidavit does again covenant and assure:
1. That no person or selling agency except bona fide employees or designated agents or
representative of the Contractor has been employed or retained to solicit or secure this
contract with an agreement or understanding that a commission, percentage, brokerage
or contingent fee would be paid; and
2. That no gratuities, in the form of entertainment, gifts or other, were offered or given by
the Contractor or any of its agents, employees or representatives, to any official,
member or employee of CITY or other governmental agency with a view toward
securing this contract or securing favorable treatment with respect to the awarding or
amending, or the making of any determination with respect to the performance of this
contract.
3. That no contracts of communication or lobbying efforts were made by Contractor, its
agents or officer with any member of the Council, any board or commission, or the staff
of the City of Saratoga with regard to this process.
Subscribed and Sworn to before me
This day of 20_
Company Name
By
Title
Notary Public in and for State of
residing at
FAIR EMPLOYMENT PRACTICES CERTIFICATE
In connection with the performance of work under this contract, the Contractor agrees as
follows:
1. The Contractor will not willfully discriminate against any employee or applicant for
employment because of race, color, religious creed, ancestry, national origin, age, sex, sexual
orientation, physical disability, mental disabilities, marital status, or medical condition as
defined in Government Code Section 12926. The Contractor will take affirmative action to
ensure that applicants are employed, and that employees are treated during employment,
without regard to their race, color, religious creed, ancestry, national origin, age, sex, sexual
orientation, physical disability, mental disability, marital status, or medical condition as defined
in Government Code §12926. Such action shall include, but not be limited to, the following:
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. The Contractor agrees to post in conspicuous places, available to employees
and applicants for employment, notices setting forth the provisions of this Fair Employment
Practices section.
2. The Contractor will send to each labor union or representative of worker with which it
has a collective bargaining agreement or other contract or understanding, a notice, advising
the said labor union or worker's representative of the Contractor's commitments under this
section; and the Contractor shall post copies of the notice in conspicuous places available to
employees and applicants for employment.
3. The Contractor will permit access to its records of employment, employment
advertisements, application forms, and other pertinent data and records by the Fair
Employment Practices Commission, CITY or any other appropriate agency of the State of
California designated by CITY, for the purposes of investigation to ascertain compliance with
the Fair Employment Practices section of this contract.
4. A finding of willful violation of the Fair Employment Practices section of this contract or
of the Fair Employment Practices Act shall be regarded by CITY as a basis for determining the
Contractor to be not a "responsible Contractor" as to future contracts for which such Contractor
may submit bids, for revoking the Contractor's pre qualification rating, if any, and for refusing
to establish, re- establish or renew a pre qualification rating for the Contractor.
CITY shall deem a finding of willful violation of the Fair Employment Practices Act to
have occurred upon receipt of written notice from the Fair Employment Practices Commission
that it has investigated and determined that the Contractor has violated the Fair Employment
Practices Act and has issued an order under Government Code §12970 or obtained a court
order under Government Code §12973.
Upon receipt of such written notice from the Fair Employment Practices Commission,
CITY shall notify the Contractor that unless it demonstrates to the satisfaction of CITY within a
stated period that the violation has been corrected, the Contractor's pre qualification rating will
be revoked at the expiration of such period.
5. The Contractor agrees that should CITY determine that the Contractor has not complied
with the Fair Employment Practices section of this contract, then pursuant to Labor Code
87
Sections 1735 and 1775, the Contractor shall, as a penalty to CITY, forfeit, for each calendar
day, or portion thereof, for each person who was denied employment as a result of such
noncompliance, the penalties provided in the labor code for violation of prevailing wage rates.
Such monies may be recovered from the Contractor. CITY may deduct any such damages
from any monies due the Contractor.
6. Nothing contained in this Fair Employment Practices section shall be construed in any
manner of fashion so as to prevent CITY from pursuing any other remedies that may be
available at law.
7. Prior to award of the contract, the Contractor shall certify to CITY that it has or will meet
the following standards for affirmative compliance, which shall be evaluated in each case by
CITY:
88
a. The Contractor shall provide evidence, as required by CITY, that it has notified all
supervisors, foremen and other personnel officers, in writing, of the content of the anti-
discrimination clause and their responsibilities under it.
b. The Contractor shall provide evidence, as required by CITY, that it has notified all
sources of employee referral (including unions, employment agencies, advertisements,
and the Department of Employment) of the content of the anti discrimination clause.
c. The Contractor shall file a basic compliance report as required by CITY. Willfully
false statements made in such reports shall be punishable as provided by law. The
compliance report shall also spell out the sources of the work force and who has the
responsibility for determining whom to hire, or whether or not to hire.
d. Personally, or through its representatives, the Contractor shall, through
negotiations with the unions with whom it has agreements, attempt to develop an
agreement which will:
(1) Spell out responsibilities for nondiscrimination in hiring, referral, upgrading and
training.
(2) Otherwise implement an affirmative anti discrimination program in terms of the
unions' specific areas of skill and geography, to the end that qualified minority
workers will be available and given an equal opportunity for employment.
e. The Contractor shall notify CITY of opposition to the anti discrimination clause by
individuals, firms or organizations during the period of its pre- qualification.
8. The Contractor will include the provisions of the foregoing Paragraphs 1 through 7 in
every first -tier subcontract so that such provisions will be binding upon each subconsultant.
9. Statements and Payrolls. The Contractor shall maintain its records in conformance with
the requirements in the Specifications and the following special provisions:
a. The submission by the Contractor of payrolls, or copies thereof, is not required.
However, each Contractor and subconsultant shall preserve their weekly payroll records
for a period of three (3) years from the date of completion of this contract.
b. The payroll records shall contain the name, address and social security number
of each employee, his/her correct classification, rate of pay, daily and weekly number of
hours worked, itemized deductions made, and actual wages paid.
c. The Contractor shall make its payroll records available at the project site for
inspection by CITY and shall permit CITY to interview employees during working hours
on the job.
The following certification is to be executed by every Contractor and enclosed and forwarded
in a sealed envelope containing the bid. The person signing the certification shall state his /her
address and official capacity.
89
FAIR EMPLOYMENT PRACTICE CERTIFICATION
The undersigned, in submitting a bid for performing the following work by contract, hereby
certifies that the Contractor will meet the above standards of affirmative compliance with the
Fair Employment Practices Act.
90
(Type) PROPOSING COMPANY
SIGNATURE
(Type) NAME OF SIGNER
(Type) TITLE
(Type) NUMBER AND STREET
(Type) CITY STATE ZIP CODE
(Type)TELEPHONE
91
CONTRACTORS RESPONSE FORM
Contractors Declarations and Statement of Understanding
The undersigned (hereinafter called the "Contractor") declares that he /she has
read the Notice Inviting Bids and has authority to submit the following. The
Contractor understands that, in addition to this Response Form, the Information
for Bidders and Contractor's supporting documents constitute parts of the
contract and are incorporated herein by reference.
Contractor acknowledges that Addenda numbers through
have been delivered and have been taken into account as part of the
Agreement, and that a!I addenda issued are hereby made part of the
Agreement.
Contractor hereby designates as the
person to contact for additional information. (Telephone No:
Fax No: e -mail
Address:
Internal Revenue Service (IRS) Reporting Requirements
Check one: Corporation; Partnership; Cl Sole Proprietor; Other
Identify: State of Incorporation:
Provide one: Federal Tax Number Social Security Number
What is the official name registered with the IRS for this number
Firm Name:
Address:
City, State, Zip
Phone Number
Authorized Signature
The Contractor, by entering into this Agreement with CITY to perform or provide work, services
or materials to CITY, does hereby certify and assure that in performing the services under this
Agreement, the Contractor shall act as an independent Contractor and shall have full control of
the work and Contractor's employees. Contractor and its employees in no circumstances
whatsoever shall imply or be deemed an agent(s) or employee(s) of CITY. Contractor's
employees in no circumstances shall be entitled to part of any pension plan, insurance, bonus
or any similar benefits which CITY provides its own employees.
CITY OF SARATOGA
A CERTIFICATION CONCERNING CONTROL OF EMPLOYEES
OF CONTRACTOR
Any infraction of this Certification shall be cause for termination of this Agreement.
Signed
Title
Date
92
Authorized Representative of Bidder
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, 11 1 14, 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.)
93
(THE BIDDER'S EXECUTION ON THE SIGNATURE PORTION OF THIS
PROPOSAL SHALL ALSO CONSTITUTE AN ENDORSEMENT AND
EXECUTION OF THOSE CERTIFICATIONS WHICH ARE A PART OF THIS
PROPOSAL)
EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION
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.
STATE AND FEDERAL CONTRACT REQUIREMENTS
CONDITIONS
SECTION 1. SPECIFICATIONS AND PLANS
The work embraced herein shall be done in accordance with the Standard Specifications dated May
2006, and the Standard Plans dated May 2006, of the Department of Transportation insofar as the same
may apply and these special provisions.
In case of conflict between the Standard Specifications and these special provisions, the special
provisions shall take precedence over and be used in lieu of the conflicting portions.
Amendments to the Standard Specifications set forth in these special provisions shall be considered as
part of the Standard Specifications for the purposes set forth in Section 5 -1.04, "Coordination and
Interpretation of Plans, Standard Specifications and Special Provisions," of the Standard Specifications.
Whenever either the term "Standard Specifications is amended" or the term "Standard Specifications are
amended" is used in the special provisions, the indented text or table following the term shall be
considered an amendment to the Standard Specifications. In case of conflict between such amendments
and the Standard Specifications, the amendments shall take precedence over and be used in lieu of the
conflicting portions.
SECTION 2. PROPOSAL REQUIREMENTS AND CONDITIONS
2 -1.01 GENERAL
The bidder's attention is directed to the provisions in Section 2, "Proposal Requirements and
Conditions," of the Standard Specifications and these special provisions for the requirements and
conditions which the bidder must observe in the preparation of and the submission of the bid.
The bidder's bond shall conform to the bond form in the Bid book for the project and shall be properly
filled out and executed. The bidder's bond form included in that book may be used.
In conformance with Public Contract Code Section 7106, a Noncollusion Affidavit is included in the Bid
book. Signing the Bid book shall also constitute signature of the Noncollusion Affidavit.
The contractor, sub recipient 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 Title 49 CFR (Code of Federal Regulations) part 26 in the award and administration of US 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 recipient
deems appropriate. Each subcontract signed by the bidder must include this assurance.
Failure of the bidder to fulfill the requirements of the Special Provisions for submittals required to be
furnished after bid opening, including but not limited to escrowed bid documents, where applicable, may
subject the bidder to a determination of the bidder's responsibility in the event it is the apparent low
bidder on a future public works contracts.
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1 (Use this Section for projects with Federal funds over $100,000)
2 1.015 FEDERAL LOBBYING RESTRICTIONS. Section 1352, Title 31, United States Code
prohibits Federal funds from being expended by the recipient or any lower tier sub recipient of a
Federal -aid contract to pay for any person for influencing or attempting to influence a Federal agency or
Congress in connection with the awarding of any Federal -aid contract, the making of any Federal grant
or loan, or the entering into of any cooperative agreement.
If any funds other than Federal funds have been paid for the same purposes in connection with this
Federal -aid contract, the recipient shall submit an executed certification and, if required, submit a
completed disclosure form as part of the bid documents.
A certification for Federal -aid contracts regarding payment of funds to lobby Congress or a Federal
agency is included in the Bid book. Standard Form LLL, "Disclosure of Lobbying Activities," with
instructions for completion of the Standard Form is also included in the Bid book. Signing the Bid book
shall constitute signature of the Certification.
The above referenced certification and disclosure of lobbying activities shall be included in each
subcontract and any lower -tier contracts exceeding $100,000. All disclosure forms, but not
certifications, shall be forwarded from tier to tier until received by the Engineer.
The Contractor, subcontractors and any lower -tier contractors shall file a disclosure form at the end of
each calendar quarter in which there occurs any event that requires disclosure or that materially affects
the accuracy of the information contained in any disclosure form previously filed by the Contractor,
subcontractors and any lower -tier contractors. An event that materially affects the accuracy of the
information reported includes:
(1) A cumulative increase if $25,000 or more in the amount paid or expected to be paid for
influencing or attempting to influence a covered Federal action; or
(2) A change in the person(s) or individual(s) influencing or attempting to influence a covered
Federal action; or
(3) A change in the officer(s), employees(s), or Member(s) contacted to influence or attempt to
influence a covered Federal Action.
2 1.02 DISADVANTAGED BUSINESS ENTERPRISE (DBE). This project is subject to Title 49
CFR 26.13(b):
The contractor, sub recipient 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 recipient deems
appropriate.
Take necessary and reasonable steps to ensure that DBEs have opportunity to participate in the contract
(49 CFR 26).
To ensure there is equal participation of the DBE groups specified in 49 CFR 26.5, the Agency specifies
a goal for Underutilized Disadvantaged Business Enterprises (UDBEs). UDBE is a firm that meets the
definition of DBE and is a member of one of the following groups:
1. Black Americans
2. Native Americans
3. Asian Pacific Americans
4. Women
References to DBEs include UDBEs, but references to UDBEs do not include all DBEs.
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Make work available to UDBEs and select work parts consistent with available UDBE subcontractors
and suppliers.
Meet the UDBE goal shown in the Notice to Bidders or demonstrate that you made adequate good faith
efforts to meet this goal.
It is your responsibility to verify that the UDBE firm is certified as DBE at date of bid opening. For a
list of DBEs certified by the California Unified Certification Program, go to:
http: /www. dot. ca .gov /hq/bep /find_certified.htm
Only UDBE participation will count towards the UDBE goal. DBE participation will count towards the
Agency's Annual Anticipated DBE Participation Level and the California statewide goal.
Credit for materials or supplies you purchase from UDBEs counts towards the goal in the following
manner:
1. 100 percent counts if the materials or supplies are obtained from a UDBE manufacturer.
2. 60 percent counts if the materials or supplies are obtained from a UDBE regular dealer.
3. Only fees, commissions, and charges for assistance in the procurement and delivery of rnaterials or supplies count if
obtained from a UDBE that is neither a manufacturer or regular dealer. 49 CFR 26.55 defines "manufacturer" and
"regular dealer."
You receive credit towards the goal if you employ a UDBE trucking company that performs a
commercially useful function as defined in 49 CFR 26.55.
UDBE Commitment Submittal
Submit UDBE information on the "Local Agency Bidder -UDBE Commitment (Construction
Contracts)," Exhibit 15 -G(1), form included in the Bid book. If the form is not submitted with the bid,
remove the form from the Bid book before submitting your bid.
If the UDBE Commitment form is not submitted with the bid, the apparent low bidder, the 2nd low
bidder, and the 3rd low bidder must complete and submit the UDBE Commitment form to the Agency.
UDBE Commitment form must be received by the Agency no later than 4:00 p.m. on the 4th business
day after bid opening.
Other bidders do not need to submit the UDBE Commitment form unless the Agency requests it. If the
Agency requests you to submit a UDBE Commitment form, submit the completed form within 4
business days of the request.
Submit written confirmation from each UDBE stating that it is participating in the contract. Include
confirmation with the UDBE Commitment form. A copy of a UDBE's quote will serve as written
confirmation that the UDBE is participating in the contract.
If you do not submit the UDBE Cornrnitment form within the specified time, the Agency finds your bid
nonresponsive.
Good Faith Efforts Submittal
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If you have not met the UDBE goal, complete and submit the "UDBE Information Good Faith
Efforts," Exhibit 15 -H, form with the bid showing that you made adequate good faith efforts to meet the
goal. Only good faith efforts directed towards obtaining participation by UDBEs will be considered. If
good faith efforts documentation is not submitted with the bid, it must be receivedby the Agency no
later than 4:00 p.m. on the 4th business day after bid opening.
If your UDBE Commitment form shows that you have met the UDBE goal or if you are required to
submit the UDBE Commitment form, you must also submit good faith efforts documentation within the
specified time to protect your eligibility for award of the contract in the event the Agency finds that the
UDBE goal has not been met.
Good faith efforts documentation must include the following information and supporting documents, as
necessary:
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1. Items of work you have made available to UDBE firms. Identify those items of work you might otherwise perform
with its own forces and those items that have been broken down into economically feasible units to facilitate UDBE
participation. For each item listed, show the dollar value and percentage of the total contract. It is your
responsibility to demonstrate that sufficient work to meet the goal was made available to UDBE firms.
2. Names of certified UDBEs and dates on which they were solicited to bid on the project. Include the items of work
offered. Describe the methods used for following up initial solicitations to determine with certainty if the UDBEs
were interested, and the dates of the follow -up. Attach supporting documents such as copies of letters, memos,
facsimiles sent, telephone logs, telephone billing statements, and other evidence of solicitation. You are reminded to
solicit certified UDBEs through all reasonable and available means and provide sufficient time to allow UDBEs to
respond.
3. Name of selected firm and its status as a UDBE for each item of work made available. Include name, address, and
telephone number of each UDBE that provided a quote and their price quote. If the firm selected for the item is not
a UDBE, provide the reasons for the selection.
4. Name and date of each publication in which you requested UDBE participation for the project. Attach copies of the
published advertisements.
5. Names of agencies and dates on which they were contacted to provide assistance in contacting, recruiting, and using
UDBE firms. If the agencies were contacted in writing, provide copies of supporting documents.
6. List of efforts made to provide interested UDBEs with adequate information about the plans, specifications, and
requirements of the contract to assist them in responding to a solicitation. If you have provided information, identify
the name of the UDBE assisted, the nature of the information provided, and date of contact. Provide copies of
supporting documents, as appropriate.
7. List of efforts made to assist interested UDBEs in obtaining bonding, lines of credit, insurance, necessary
equipment, supplies, and materials, excluding supplies and equipment that the UDBE subcontractor purchases or
leases from the prime contractor or its affiliate. If such assistance is provided by you, identify the name of the
UDBE assisted, nature of the assistance offered, and date. Provide copies of supporting documents, as appropriate.
8. Any additional data to support demonstration of good faith efforts.
SECTION 3. AWARD AND EXECUTION OF CONTRACT
The bidder's attention is directed to the provisions in Section 3, "Award and Execution of Contract," of
the Standard Specifications and these special provisions for the requirements and conditions concerning
award and execution of contract.
Bid protests are to be delivered to the following address: (13777 Fruitvale Ave, Saratoga,CA)
2
The award of the contract, if it be awarded, will be to the lowest responsible bidder whose bid complies with all
the requirements prescribed.
The contract shall be executed by the successful bidder and shall be returned, together with the contract bonds, to
the Agency so that it is received within 10 days, not including Saturdays, Sundays and Legal holidays, after the
bidder has received the contract for execution. Failure to do so shall be just cause for forfeiture of the proposal
guaranty. The executed contract documents shall be delivered to the following address: (Agency to provide
detailed information if this paragraph is used)
A "Local Agency Bidder -DBE Information (Construction Contracts), Exhibit 15 -G(2)" form is included
in the Bid book to be executed by the successful bidder. The purpose of the form is to collect data
required under 49 CFR 26. Even if no DBE participation will be reported, the successful bidder must
execute and retum the form.
The successful bidder's "Local Agency Bidder- Information (Construction Contracts), Exhibit 15 G(2)"
form should include the names, addresses and phone numbers of DBE firms that will participate, with a
complete description of work or supplies to be provided by each, and the dollar value of each DBE
transaction. When 100 percent of a contract item of work is not to be performed or furnished by a DBE,
a description of the exact portion of that work to be performed or furnished by that DBE should be
included in the DBE information, including the planned location of that work. A successful bidder
certified as a DBE should describe the work it has committed to performing with its own forces as well
as any other work that it has committed to be performed by DBE subcontractors, suppliers and trucking
companies.
The successful bidder is encouraged to provide written confirmation from each DBE that the DBE is
participating in the contract. A copy of a DBE's quote will serve as written confirmation that the DBE is
participating in the contract. If a DBE is participating as a joint venture partner, the successful bidder is
encouraged to submit a copy of the joint venture agreement.
The "Local Agency Bidder -DBE Information (Construction Contracts), Exhibit 15 -G(2)" form shall be
completed and returned to the Agency by the successful bidder with the executed contract and contract
bonds.
Attention is directed to the provisions in Section 8 -1.03, "Beginning of Work," in Section 8 -1.06, "Time
of Completion," and in Section 8 -1.07, "Liquidated Damages," of the Standard Specifications and these
special provisions.
The Contractor shall begin work within 10 calendar days after the contract has been approved by the
City of Saratoga.
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SECTION 4. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES
Project Estimate
Project Type
Resurfacing */Rehab
New
Highway
Realignment/
Widening
Landscaping
Soundwall
Others
Over $30 million
10%
10%
13%
15%
15%
15%
$10 million to
$30 million
10%
12%
15%
15%
15%
15%
$5 million to
$10 million
10%
15%
15%
15%
15%
15%
$750k to
$5 million
15
15%
15
18
18
15
Less Than $750k
15
20
20
18 I 20 1 15
This work shall be diligently prosecuted to completion before the expiration of 25 WORKING DAYS
beginning on the calendar day after approval of the contract.
(Insert amount of Liquidated Damages)
The Contractor shall pay to the City of Saratoga the sum of 300 per day, for each and every calendar
day's delay in finishing the work in excess of the number of working days prescribed above.
Resurfacing projects include AC Surfacing, seal coats, slurry seals, and so on.
The calculated liquidated damages should be rounded up in $100 increments to determine the amount
to be specified.
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LIQUIDATED DAMAGES TABLE (L
(OPTIONAL FOR NON -NHS PROJECTS)
SECTION 5. GENERAL
SECTION 5 -1. MISCELLANEOUS
Required for ALL construction contracts and subcontracts of $5,000 or more.
5 1.1 LABOR NONDISCRINMINATION. Attention is directed to the following Notice that is
required by Chapter 5 of Division 4 of Title 2, California Code of Regulations.
NOTICE OF REQUIREMENT FOR NONDISCRit IINATION PROGRAM
(GOV. CODE, SECTION 12990)
Your attention is called to the "Nondiscrimination Clause set forth in Section 7- 1.01A(4), "Labor Nondiscrimination," of
the Standard Specifications, which is applicable to all nonexempt state contracts and subcontracts, and to the "Standard
California Nondiscrimination Construction Contract Specifications" set forth therein. The Specifications are applicable to all
nonexempt state construction contracts and subcontracts of 55,000 or more.
5 1.2 PREVAILING WAGE. Attention is directed to Section 7- 1.01A(2), "Prevailing Wage," of the
Standard Specifications.
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The general prevailing wage rates determined by the Director of Industrial Relations, for the county or counties in
which the work is to be done, are available at the City of Saratoga address. These wage rates are not included in the
Proposal and Contract for the project. Changes, if any, to the general prevailing wage rates will be available at the same
location.
5 1.3 BUY AMERICA REQUIREMENTS. Attention is directed to the "Buy America"
requirements of the Surface Transportation Assistance Act of 1982 (Section 165) and the Intermodal
Surface Transportation Efficiency Act of 1991 (ISTEA) Sections 1041(a) and 1048(a), and the
regulations adopted pursuant thereto. In conformance with the law and regulations, all manufacturing
processes for steel and iron materials furnished for incorporation into the work on this project shall
occur in the United States; with the exception that pig iron and processed, pelletized and reduced iron
ore manufactured outside of the United States may be used in the domestic manufacturing process for
such steel and iron materials. The application of coatings, such as epoxy coating, galvanizing, painting,
and other coating that protects or enhances the value of steel or iron materials shall be considered a
manufacturing process subject to the "Buy America" requirements.
A Certificate of Compliance, conforming to the provisions in Section 6 -1.07, "Certificates of
Compliance," of the Standard Specifications, shall be furnished for steel and iron materials. The
certificates, in addition to certifying that the materials comply with the specifications, shall specifically
certify that all manufacturing processes for the materials occurred in the United States, except for the
above exceptions.
The requirements imposed by the law and regulations do not prevent a minimal use of foreign steel and
iron materials if the total combined cost of the materials used does not exceed one -tenth of one percent
(0.1 percent) of the total contract cost or 52,500, whichever is greater. The Contractor shall furnish the
Engineer acceptable documentation of the quantity and value of the foreign steel and iron prior to
incorporating the materials into the work.
5 1.4 REMOVAL OF ASBESTOS AND HAZARDOUS SUBSTANCES. When the presence of
asbestos or hazardous substances are not shown on the plans or indicated in the specifications and the
Contractor encounters materials which the Contractor reasonably believes to be asbestos or a hazardous
substance as defined in Section 25914.1 of the Health and Safety Code, and the asbestos or hazardous
substance has not been rendered harmless, the Contractor may continue work in unaffected areas
reasonably believed to be safe. The Contractor shall immediately cease work in the affected area and
report the condition to the Engineer in writing.
In conformance with Section 25914.1 of the Health and Safety Code, removal of asbestos or hazardous
substances including exploratory work to identify and determine the extent of the asbestos or hazardous
substance will be performed by separate contract.
If delay of work in the area delays the current controlling operation, the delay will be considered a right
of way delay and the Contractor will be compensated for the delay in conformance with the provisions
in Section 8 -1.09, "Right of Way Delays," of the Standard Specifications.
5 -1.5 SUBCONTRACTOR AND DBE RECORDS
The Contractor shall maintain records showing the name and business address of each first -tier
subcontractor. The records shall also show the name and business address of every DBE subcontractor,
DBE vendor of materials and DBE trucking company, regardless of tier. The records shall show the
date of payment and the total dollar figure paid to all of these fines. DBE prime contractors shall also
show the date of work performed by their own forces along with the corresponding dollar value of the
work.
Upon completion of the contract, a summary of these records shall be prepared on "Final Report-
Utilization of Disadvantaged Business Enterprises (DBE), First Tier Subcontractors" (Exhibit 17-
F /Form CEM -2402) and certified correct by the Contractor or the Contractor's authorized representative,
and shall be furnished to the Engineer. The form shall be furnished to the Engineer within 90 days from
the date of contract acceptance. The amount of $10,000 will be withheld from payment until a
satisfactory fonn is submitted.
Prior to the fifteenth of each month, the Contractor shall submit documentation to the Engineer showing
the amount paid to DBE trucking companies. The Contractor shall also obtain and submit
documentation to the Engineer showing the amount paid by DBE trucking companies to all firms,
including owner operators, for the leasing of trucks. If the DBE leases trucks from a non -DBE, the
Contactor may count only the fee or commission the DBE receives as a result of the lease arrangement.
The Contractor shall also obtain and submit documentation to the Engineer showing the truck number,
owner's name, California Highway Patrol CA number, and if applicable, the DBE certification number
of the owner of the truck for all trucks used during that month. This documentation shall be submitted
on "Monthly DBE Trucking Verification" Form CEM- 2404(F).
5 -1.6 DBE CERTIFICATION STATUS
If a DBE subcontractor is decertified during the life of the project, the decertified subcontractor shall
notify the Contractor in writing with the date of decertification. If a subcontractor becomes a certified
DBE during the life of the project, the subcontractor shall notify the Contractor in writing with the date
of certification. The Contractor shall furnish the written documentation to the Engineer.
Upon completion of the contract, "Disadvantaged Business Enterprises (DBE) Certification Status.
Change" Form CEM- 2403(F) indicating the DBEs' existing certification status shall be signed and
certified correct by the Contractor. The certified fonn shall be furnished to the Engineer within 90 days
from the date of contract acceptance.
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5 -1.7 PERFORMANCE OF SUBCONTRACTORS
The subcontractors listed by you in Bid book shall list therein the name and address of each
subcontractor to whom the bidder proposes to subcontract portions of the work in an amount in excess
of one -half of one percent of the total bid or $10,000, whichever is greater, in accordance with the
Subletting and Subcontracting Fair Practices Act, commencing with Section 4100 of the Public Contract
Code. The bidder's attention is invited to other provisions of the Act related to the imposition of
penalties for a failure to observe its provisions by using unauthorized subcontractors or by making
unauthorized substitutions.
UDBEs must perform work or supply materials as listed in the "Local Agency Bidder UDBE
Commitment" form specified under Section 2, "Bidding," of these special provisions. Do not terminate
a UDBE Listed subcontractor for convenience and perform the work with your own forces or obtain
materials from other sources without prior written authorization from the Agency.
The Agency grants authorization to use other forces or sources of materials for requests that show any of
the following justifications:
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1. Listed UDBE fails or refuses to execute a written contract based on plans and specifications for the project.
2. You stipulate a bond is a condition of executing the subcontract and the listed UDBE fails to meet your bond
requirements.
3. Work requires a contractors license and listed UDBE does not have a valid license under Contractors License Law.
4. Listed UDBE fails or refuses to perform the work or furnish the listed materials.
5. Listed UDBE's work is unsatisfactory and not in compliance with the contract.
6. Listed UDBE delays or disrupts the progress of the work.
7. Listed UDBE becomes bankrupt or insolvent.
If a listed UDBE subcontractor is terminated, you must make good faith efforts to find another UDBE
subcontractor to substitute for the original UDBE. The substitute UDBE must perform at least the same
amount of work as the original UDBE under the contract to the extent needed to meet the UDBE goal.
The substitute UDBE must be certified as a DBE at the time of request for substitution.
The Agency does not pay for work or material unless it is performed or supplied by the listed UDBE,
unless the UDBE is terminated in accordance with this section.
5 -1.8 SUBCONTRACTING
No subcontract releases the Contractor from the contract or relieves the Contractor of their responsibility
for a subcontractor's work.
If the Contractor violates Pub Cont Code 4100 et seq., the City /County of may
exercise the remedies provided under Pub Cont Code 4110. The City /County of may
refer the violation to the Contractors State License Board as provided under Pub Cont Code 4111.
The Contractor shall perform work equaling at least 30 percent of the value of the original total bid with
the Contractor's own employees and equipment, owned or rented, with or without operators.
Each subcontract must comply with the contract.
Each subcontractor must have an active and valid State contractor's license with a classification
appropriate for the work to be performed (Bus Prof Code, 7000 et seq.).
Submit copies of subcontracts upon request by the Engineer.
Before subcontracted work starts, submit a Subcontracting Request form.
Do not use a debarred contractor; a current list of debarred contractors is available at the Department of
Industrial Relations' Web site.
Upon request by the Engineer, immediately remove and not again use a subcontractor who fails to
prosecute the work satisfactorily.
Each subcontract and any lower tier subcontract that may in turn be made shall include the "Required Contract Provisions
Federal -Aid Construction Contracts" in Section 14 of these special provisions. Noncompliance shall be corrected. Payment
for subcontracted work involved will be withheld from progress payments due, or to become due, until correction is made.
Failure to comply may result in termination of the contract.
5 -1.9 PROMPT PROGRESS PAYMENT TO SUBCONTRACTORS
A prime contractor or subcontractor shall pay any subcontractor not later than 10 days of receipt of each
progress payment in accordance with the provision in Section 7108.5 of the California Business and
Professions Code concerning prompt payment to subcontractors. The 10 days is applicable unless a
longer period is agreed to in writing. 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 Section 7108.5
shall subject the violating contractor or subcontractor to the penalties, sanction and other remedies of
that section. This requirement shall not be construed to limit or impair any contractual, administrative,
or judicial remedies otherwise available to the contractor or subcontractor in the event of a dispute
involving late payment or nonpayment by the prime contractor, deficient subcontract performance, or
noncompliance by a subcontractor.
5 2.0 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. This provision applies to both DBE and non -DBE prime contractors
and subcontractors.
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Noncollusion Affidavit
(Title 23 United States Code Section 112 and
Public Contract Code Section 7106)
To the CITY of Saratoga DEPARTMENT OF PUBLIC WORKS.
In accordance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder
declares 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.
Note: The above Noncollusion Affidavit is part of the Proposal. Signing this Proposal on the
signature portion thereof shall also constitute signature of this Noncollusion Affidavit.
Bidders are cautioned that making a false certification may subject the certifier to criminal
prosecution.
Project Title: SARATOGA AVENUE OVERLAY AND REHABILITATION PROJECT
Federal Project No: ESPL 5332(014)
The bidder, under penalty of perjury, certifies that, except as noted below, he /she or any other person
associated therewith in the capacity of owner, partner, director, officer, and manager:
If there are any exceptions to this certification, insert the exceptions in the following space.
Exceptions will not necessarily result in denial of award, but will be considered in determining bidder
responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and
dates of action.
Signature
Tide:
Legal Company Name:
Notes: Providing false information may result in criminal prosecution or administrative sanctions.
The above certification is part of the Proposal. Signing this Proposal on the signature portion
thereof shall also constitute signature of this Certification.
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DEBARMENT AND SUSPENSION CERTIFICATION
TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29
Is not currently under suspension, debarment, voluntary exclusion, or determination of
ineligibility by any federal agency;
Has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal
agency within the past 3 years;
Does not have a proposed debarment pending; and
Has not been indicted, convicted, or had a civil judgment rendered against it by a court of
competent jurisdiction in any matter involving fraud or official misconduct within the past
3 years.
Project Title: SARATOGA AVENUE OVERLAY AND REHABILITATION PROJECT
Federal Project No: ESPL 5332(014)
The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or
her knowledge and belief, that:
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.
Signature
Title:
Legal Company Name:
106
NONLOBBYING CERTIFICATION
FOR FEDERAL -AID CONTRACTS
(1) 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 accordance with its instructions.
Project Title: SARATOGA AVENUE OVERLAY AND REHABILITATION PROJECT
Federal Project No: ESPL 5332(0141
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 3. Report Type:
Action:
a. contract
b. grant
c. cooperative agreement
d. loan
e. loan guarantee
f. loan insurance
4. Name and Address of Reporting Entity
Prime
Subawardee
Tier if known
10. a. Name and Address of Lobby Entity
(If individual, last name, first name, MI)
11. Amount of Payment (check all that apply)
S actual planned
12. Form of Payment (check all that apply):
A a. cash
b. in -kind; specify: nature
value
n a. bid /offer /application
b. initial award
c. post -award
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:
(attach Continuation Sheet(s) if necessary)
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. Infomhation requested through this form is authorized by Title
For Material Change Only:
year quarter
date of last report
5. If Reporting Entity in No. 4 is Subawardee,
Enter Name and Address of Prime:
b. Individuals Performing Services (including
address if different from No. I0a)
(last name, first name, MI)
13. Type of Payment (check all that apply)
a. initial
b. material change
a. retainer
b. one -time fee
c. commission
d. contingent fee
e deferred
f other, specify
31 U.S.C. Section 1352. This disclosure of lobbying reliance Signature:
was placed by the tier above when his transaction was made
or entered into. This disclosure is required pursuant to 31 print Name:
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 Title:
to a civil penalty of not less than S 10,000 and not more than
5100,000 for each such failure. Telephone No.: Date:
Authorized for Local Reproduction
Standard Form LLL
Federal Use Only:
Standard Form LLL Rev. 09 -12 -97
107
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.
108
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 (M1).
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.
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- 90vENDIF»
109
12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-
kind contribution, specify the nature and value of the in -kind payment.
13. Check the appropriate box(es). 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.
LOCAL AGENCY BIDDER -UDBE COMMITMENT
(CONSTRUCTION CONTRACTS)
INFORMATION
(LOCAL ASSISTANCE PROCEDURES MANUAL Exhibit 15-G (1))
NOTE: PLEASE REFER TO INSTRUCTIONS ON THE REVERSE SIDE
FORM
AGENCY: LOCATION:
OF THIS
PROJECT DESCRIPTION:
TOTAL CONTRACT
BID DATE:
AMOUNT: S
BIDDER'S NAME:
CONTRACT UDBE
GOAL:
CONTRACT
ITEM NO.
ITEM OF WORK AND DESCRIPTION
OR SERVICES TO BE
SUBCONTRACTED OR MATERIALS
TO BE PROVIDED
Cen. No. of UDBE
AND EXPIRATION
DATE
'AME OF UDBEs
Must be certified on the date bids
-ire opened include UDBE
.ddress and phone number)
DOLLAR AMOUNT
UDBE
For Local Agency
Local Agency Contract
Federal. Aid Project
Federal Share:
to Complete:
Number:
Total Claimed
Participation
Number:
Contract Award Date:
Local Agency certifies
that all information is complete and accurate.
Signature of Bidder
Print Name Signature Date
Local Agency Representative
(Area Code) Telephone Number:
Date (Area Code) Tel. No.
Local Agency Bidder UDBE Commitment (Rev 3,09)
For Caltrans Review:
Print Name Signature Date
Caltrans District Local Assistance Engineer
Exhibit 15-G1 Local Agency Bidder UDBE Commitment (Construction Contracts)
Distribution: (1) Copy Fax or scan a copy to the Caltrans District Local Assistance Engineer (DLAE) within I5 days of award. Failure to
send a copy to the DLAE within 15 days of award may result in de- obligation of funds for this project.
(2) Copy Include in award package to Caltrans District Local Assistance
(3) Original Local agency files
111
ALL BIDDERS:
112
INSTRUCTIONS LOCAL AGENCY BIDDER
UDBE COMMITMENT (CONSTRUCTION CONTRACTS) (Revised 03/09)
PLEASE NOTE: It is the bidder's responsibility to verify that the UDBE(s) falls into one of the
following groups in order to count towards the UDBE contract goal: 1) Black American; 2) Asian
Pacific American; 3) Native American; 4) Women. This information may be submitted with your
bid proposal. If it is not, and you are the apparent low bidder or the second or third low bidder,
it must submitted and received as specified in the Special Provisions. Failure to submit the
required UDBE commitment will be grounds for finding the proposal nonresponsive
UDBE is a firm meeting the definition of a DBE as specified in 49 CFR and is one of the following
groups:
1. Black American
2. Asian Pacific American
3. Native American
4. Women
The form requires specific information regarding the construction contract: Agency, Location, Project
Description, Federal Aid Project Number (assigned by Caltrans -Local Assistance), Total Contract
Amount, Bid Date, Bidder's Name, and Contract Goal.
The form has a column for the Contract Item Number (or Item No's) and Item of Work and Description or
Services to be Subcontracted or Materials to be provided by UDBEs. The UDBE should provide a certification
number to the Contractor and expiration date. The form has a column for the Names of UDBE contractors to
perform the work (who must be certified on the date bids are opened and include the UDBE address and phone
number). Enter the UDBE prime's and subcontractors' certification numbers. Prime contractors shall indicate all
work to be performed by UDBEs including, if the prime is a UDBE, work performed by its own forces.
IMPORTANT: Identify all UDBE firms being participating in the project regardless of tier. Names of the First
Tier UDBE Subcontractors and their respective item(s) of work listed should be consistent, where applicable,
with the names and items of work in the "List of Subcontractors" submitted with your bid. Provide copies of the
UDBEs' quotes, and if applicable, a copy of joint venture agreements pursuant to the Subcontractors Listing Law
and the Special Provisions.
There is a column for the total UDBE dollar amount. Enter the Total Claimed UDBE Participation dollars and
percentage amount of items of work submitted with your bid pursuant to the Special Provisions. (If 100% of item
is not to be performed or furnished by the UDBE, describe exact portion of tirne to be performed of furnished by
the UDBE.) See Section "Disadvantaged Business Enterprise (DBE)," of the Special Provisions (construction
contracts); to determine how to count the participation of UDBE firms.
Exhibit 15 -G (1) must be signed and dated by the person bidding. Also list a phone number in the space
provided and print the name of the person to contact.
Local agencies should complete the Contract Award Date and Federal Share fields and verify that
all information is complete and accurate before signing and sending a copy of the form to the District
Local Assistance Engineer within 15 days of award. Failure to submit a completed and accurate form
within the 15 -day time period may result in the de- obligation of funds on this project.
District DBE Coordinator should verify that all information is complete and accurate. Once the
information has been verified, the District Local Assistance Engineer signs and dates the form.
113
LOCAL AGENCY BIDDER -DBE INFORMATION (CONSTRUCTION
CONTRACTS)
INFORMATION
(LOCAL ASSISTANCE PROCEDURES MANUAL Exhibit 15 -G (2))
NOTE: PLEASE REFER TO INSTRUCTIONS ON THE REVERSE SIDE
FORM
AGENCY: LOCATION:
OF THIS
PROJECT DESCRIPTION:
TOTAL CONTRACT
BID DATE:
AMOUNT: S
BIDDER'S NAME:
CONTRACT
ITEM NO.
ITEM OF WORK AND DESCRIPTION
OR SERVICES TO BE
SUBCONTRACTED OR MATERIALS
TO BE PROVIDED
DBE Cert. No.
AND EXPIRATION
DATE
NAME OF DBEs
(Must be certified on the date bids
are opened include DBE address
and phone number)
DOLLAR AMOUNT
DBE
For Local Agency
Local Agency Contract
Federal Aid Project
Federal Share:
to Complete:
Number.
Total Claimed
Participation
0 /o
Number.
Contract Award Date:
Local Agency certifies
is complete and accurate.
that the DBE certification(s) has been verified and all information
Signature of Bidder
Print Name Signature Date
Local Agency Representative
(Area Code) Telephone Number.
Date (Area Code) Tel. No.
Local Agency Bidder DBE Information (Rev 3 09)
For Caltrans Review:
Print Name Signature Date
Caltrans District Local Assistance Engineer
115
Exhibit 15 -G2 Local Agency Bidder DBE Information (Construction Contracts)
(Inclusive of all DBEs including the UDBEs listed at bid proposal)
Distribution: (1) Copy Fax or scan a copy to the Caltrans District Local Assistance Engineer (DLAE) within 15 days of contract execution. Failure to
send a copy to the DLAE within 15 days of contract execution may esult in de- obligation of funds for this project.
(2) Copy Include in award package to Caltrans District Local Assistance (3) Original Local agency files
There is a column for the total DBE dollar amount. Enter the Total Claimed DBE Participation dollars and
percentage amount of items of work submitted with your bid pursuant to the Special Provisions. (If 100% of item
is not to be performed or furnished by the DBE, describe exact portion of time to be performed or furnished by
the DBE.) See Section "Disadvantaged Business Enterprise (DBE)," of the Special Provisions (construction
contracts); to determine how to count the participation of DBE firms.
Exhibit 15 -G (2) must be signed and dated by the successful bidder. Also list a phone number in the
space provided and print the name of the person to contact.
Local agencies should complete the Contract Award Date, Federal Share, Contract and Project
Number fields, and verify that all information is complete and accurate before signing and sending a
copy of the form to the District Local Assistance Engineer within 15 days of contract execution. Failure
to submit a completed and accurate form within the 15 -day time period may result in the de- obligation
of funds on this project.
District DBE Coordinator should verify that all information is complete and accurate. Once the
information has been verified, the District Local Assistance Engineer signs and dates the form.
INSTRUCTIONS LOCAL AGENCY BIDDER DBE INFORMATION
(CONSTRUCTION CONTRACTS) (Revised 03/09)
SUCCESSFUL BIDDER:
The form requires specific information regarding the construction contract: Agency, Location, Project
Description, Federal Aid Project Number (assigned by Caltrans -Local Assistance), Total Contract
Amount, Bid Date, Bidder's Name, and Contract Goal.
The fonn has a column for the Contract Item Number (or Item No's) and Item of Work and Description or
Services to be Subcontracted or Materials to be provided by DBEs. The DBE should provide a certification
number to the Contractor and expiration date. The DBE contractors should notify the Contractor in writing with
the date of the decertification if their status should change during the course of the contract. The form has a
column for the Names of DBE certified contractors to perform the work (must be certified on the date bids are
opened and include DBE address and phone number). Enter DBE prime and subcontractors certification number.
Prime contractors shall indicate all work to be performed by DBEs including work performed by its own forces if
a DBE.
IMPORTANT: Identify all DBE firms participating the project including all UDBEs listed on the UDBE
Commitment form (Exhibit 15G(1)), regardless of tier. Names of the First Tier DBE Subcontractors and their
respective item(s) of work listed should be consistent, where applicable, with the names and items of work in the
"List of Subcontractors" submitted with your bid.
116
DISADVANTAGE BUSINESS ENTERPRISES (DBE)
CERTIFICATION STATUS CHANGE
(LOCAL ASSISTANCE PROCEDURES MANUAL EXHIBIT 17 -0)
Attach DBE certification /Decertification letter in accordance with the special Provisions
CONTRACT
ITEM NO.
SUBCONTRACT NAME AND
BUSINESS ADDRESS
BUSINESS
PHONE
CERTIFICATION NUMBER
AMOUNT PAID WHILE
CERTIFIED
CERTIFICATION/
DECERTIFICATION
DATE
Letter attached
Comments:
I CERTIFY THAT THE ABOVE INFORMATION IS COMPLETE AND CORRECT
CONTRACTOR REPRESENTATIVE SIGNATURE
TITLE
BUSINESS PHONE NUMBER
DATE
TO THE BEST OF MY KNOWLEDGE, THE ABOVE INFORMATION IS COMPLETE AND CORRECT
RESIDENT ENGINEER
BUSINESS PHONE NUMBER
DATE
118
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
DISADVANTAGED BUSINESS ENTERPRISES (DBE) CERTIFICATION STATUS CHANGE
CP- CEM- 2403(F) (Nov. 10/99)
CONTACT NUMBER
PRIME CONTRACTOR
DISTRIBUTION
COUNTY
ROUTE POST MILES
BUSINESS ADDRESS
Prime Contractor_ List all DBEs with changes in certification status (certified /decertified) whi e in your employ, whether or not
CONTRACT' CO? PE11ON DATE
ESTIMATED CONTRACT AMOUNT
isms were originally listed for good credit.
Oiig riai copy DLAE
Copy -l) Busine Enterprise Program 2) Prime Contactor 3) Local Agency 4) Resident Engineer
ADMINISTERING AGENCY
Form CP -CEM 2403(F) (New 10/99)
DISADVANTAGED BUSINESS ENTERPRISES (DBE) CHANGE IN CERTIFICATION STATUS
REPORT
The top of the form requires specific information regarding the construction project: Contract Number,
County, Route, Post Miles, the Administering Agency, the Contract Completion Date, and the Estimated
Contract Amount. It requires the Prime Contractor's name and Business Address. The focus of the form
is to substantiate and verify the actual DBE dollar amount paid to contractors on federally funded
projects that had a changed in Certification status during the course of the completion of the contract.
The two situations that are being addressed by CP -CEM 2403(F) are, if a firm certified as a DBE and
doing work on the contract during the course of the project becomes Decertified, and if a non -DBE firm
doing work on the contract during the course of the project becomes Certified as a DBE.
The form has a column to enter the Contract Item No (or Item Nos.) as well as a column for the
Subcontractor's Name, Business Address, Business Phone, and contractor's Certification Number.
The column entitled Amount Paid While Certified will be used to enter the actual dollar value of the
work performed by those contractors who meet the conditions as outlined above during the time period
they are Certified as a DBE. This column on the CP- CEM- 2403(F) should only reflect the dollar value
of work performed while the firm was Certified as a DBE.
The column called Certification/Decertification Date (Letter attached) will reflect either the date of the
Decertification Letter sent out by the Civil Rights Program or the date of the Certification Certificate
mailed out by the Civil Rights Program. There is a box to check that support documentation is attached
to the CP- CEM -2403 (F) form.
There is a Comments section for any additional information that may need to be provided regarding any
of the above transactions.
The CEM- 2403(F) has an area at the bottom where the Contractor and the Resident Engineer sign and
date that the information provided is complete and correct.
There is a Comments section for any additional information that may need to be provided regarding any
of the above transactions.
The CEM- 2403(F) has an area at the bottom where the Contractor and the Resident Engineer sign and
date that the information provided is complete and correct.
119
EXHIBIT 15 -H UDBE INFORMATION -GOOD FAITH EFFORTS
(LOCAL ASSISTANCE PROCEDURES MANUAL EXHIBIT 15 -H)
EXHIBIT 15 -H UDBE INFORMATION -GOOD FAITH EFFORTS
Federal -aid Project No. ESPL 5332(014) Bid Opening Date
The (City of Saratoga) established an Under utilized Disadvantaged Business
Enterprise (UDBE) goal of 2.86% 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 UDBE Commitment" form indicates that the bidder has met the UDBE 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 UDBE firm was not certified at bid opening, or the
bidder made a mathematical error.
Submittal of only the "Local Agency Bidder UDBE 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 UDBE Commitment" of the
Special Provisions:
121
A. The names and dates of each publication in which a request for UDBE 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 UDBEs soliciting bids for this project
and the dates and methods used for following up initial solicitations to determine with certainty
whether the UDBEs were interested (please attach copies of solicitations, telephone records, fax
confirmations, etc.):
Names of Date of Follow Up
UDBEs Initial Methods and
Solicited Solicitation Dates
122
C. The items of work which the bidder made available to UDBE 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 UDBE
participation. It is the bidder's responsibility to demonstrate that sufficient work to facilitate
UDBE participation was made available to UDBE firms.
Items of Work Bidder Normally Breakdown of Items Amount Percentage
Performs Item Of
(Y/N) Contract
D. The names, addresses and phone numbers of rejected UDBE firms, the reasons for the bidder's
rejection of the UDBEs, the firms selected for that work (please attach copies of quotes from the
firms involved), and the price difference for each UDBE if the selected firm is not a UDBE:
Names, addresses and phone numbers of rejected UDBEs and the reasons for the bidder's
rejection of the UDBEs:
Names, addresses and phone numbers of firms selected for the work above:
E. Efforts made to assist interested UDBEs 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 UDBEs:
123
F. Efforts made to assist interested UDBEs in obtaining necessary equipment, supplies, materials,
or related assistance or services, excluding supplies and equipment the UDBE 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 UDBE firms (please attach copies of requests to agencies and any responses
received, i.e., lists, Internet page download, etc.):
FINAL REPORT UTILIZATION OF DISADVANTAGE BUSINESSES
(LOCAL ASSISTANCE PROCEDURES MANUAL EXHIBIT 17 -F)
125
STATE OF CALIFORNIA (DEPARTMENT OF TRAnisrcR :•A f ION
ANAL REPORT UTILIZATION OF DISADVANTAGED BUSINESS ENTERPRISES ADA Notice
(DBE), FIRST-TIER SUBCONTRACTORS Ind:Meals vefft coesory ckenninfos, ass dactnseet 2 ma:tante m akornots
•orr For trdc,,rant•vv call (9;0 6CA.B410 of WO (PIG) '',34-3(stIa 20 vane
C4i.7.1-2402F (RG,V O2200til Pee:cats ono E20otlf.■.5:riite.tokint 11'3: N Sires: Sacraf•e)f.t.
fC kEi'far TR:I.C. CG!..f.e'r-P, 1 tON t.
12USINESS ADDRESS iMAT CONTRACT AMOUNI
atN7IFTUF;
IT,FM
r-ws.
(AS(CaPIPIN C.fi*
WORK PER PMEI)
ANL)
ktATERIALS PROVII;;;)
GPirOTNAL coWl:Affiii!r
s
ONNfOR 1ESENTATIVE'S SIGNAT UR E
COP', L5 ceeiraets
r
AND BUSPYLRS ADIIlESS
Di:1E
I7.1-Z4j
NON•DBE DBE
Is
5
5
s
TOTAL 5
.5 IS
5
5
tS
is
5
s
IS
's
CONTRACT PAYS.4.7i19er3
Original 1 ...-.caSSIttl.; .:on Copy E(Csfiates tkettarn
DI, Enr.•. Copy Drstnet Local Asssetancp
(S 1I(t1 ";;?0; k414,tt 0 riidc;
BA APA IIA
•UDEF UNE (ME UDBE
Is
5
I ts
5
I
IS 5 15
5 :.5 :5
IS IS :S
:s 1S
:S
TO THE BEST OF MY INFORMATION AND BELIEF, THE ABOVE INFORMATION IS COMPLETE AND CORRECT
it NT Ef•FtlINEERIS.NATURE BUSINESS Pd.c. NUMBER
5 IS 5 5 BA Black American
APA Ason-P ocific IIg
NA Nalrye American
W Woman
L191 all First Tler Subcontractors, Disadvantaged Business Enterprises (DBEs and intrIondillzed DBEs (UOBEs) rogardless of tler, whether or not the /Urns wom originally listed for goal credit. If actual UOBE utilisation (or Ite
of work) was different then that approved in limo of award, provide comments on back ol form. List nodal amount paid to each ruddy.
I CERTIFY TFIAT THE ABOVE INFORMATION IS COMPLETE AND CORRECT
BUSINESS PHONE NUMBER DATE
Copy Ge!LonetAr
Copy. Lie;:tt,..pency file
011.1
GLI; PATMEtUr
Copy Fiks:rfent (-1,3•jirtAn
126
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
FINAL REPORT UTILIZATION OF DISADVANTAGED BUSINESS ENTERPRISES
(DBE), FIRST -TIER SUBCONTRACTORS
CEM -2402F (REV 02/2008)
The form requires specific information regarding the construction project: Contract Number, County, Route, Post Miles, Federal
Aid Project number, the Administering Agency. the Contract Completion Date and the Estimated Contract Amount. 11 requires the
prime contractor name and business address. The focus of the form is to describe who did what by contract item numbers and
descriptions, asking for specific dollar values of item work completed broken down by subcontractors who performed the work,
both DBE and non -DBE work forces. DBE prime contractors are required to show the date of work performed by their own forces
along with the corresponding dollar value of work.
The form has a column to enter the Contract Item No. (or Item No's) and description of work performed or materials provided, as
well as a column for the subcontractor name and business address. For those firms who are DBE, there is a column to enter their
DBE Certification Number. The DBE should provide their certification number to the contractor and notify the contractor in writing
with the date of the decertification if their status should change during the course of the project.
The form has six columns for the dollar value to be entered for the item work performed by the subcontractor.
The Non -DBE column is used to enter the dollar value of work performed for firms who are not certified DBE.
The decision of which column to be used for entering the DBE dollar value is based on what program(s) status the firm is
certified. This program status is determined by the California Unified Certification Program by ethnicity, gender,
ownership and control issues at lime of certification. To confirm the certification status and program status, access the
Department of Transportation Civil Rights website at http: //www.dot.ca.gov /hq /bep or by calling (916) 324 -1700 or the toll
free number at (888) 810 -6346.
Based on this DBE Program status, the following table depicts which column to be used:
DBE Program Status
If program status shows DBE only with no other programs listed. DBE
If program status shows. DBE, Black American BA UDBE
if program status shows DBE, Asian Pacific Islander APA UDBE
If program status shows DBE, Native American NA UDBE
If program status shows DBE, Woman W UDBE
Column to be used
If a contractor performing work as a DBE on the project becomes decertified and stilt performs work after their decertification date.
enter the total value performed by this contractor under the appropriate DBE identification column.
If a contractor performing work as a non -DBE on the project becomes certified as a DBE, enter the dollar value of all work
performed after certification as a DBE under the appropriate identification column.
Enter the total of each of the six columns on Form CEM- 2402(F).
Any changes to DBE certification must also be submitted on Form CEM- 2403(F).
Enter the Date Work Completed as well as the Date of Final Payment (the date when the prime contractor made the "final
payment" to the subcontractor for the portion of work listed as being completed).
The contractor and the resident engineer sign and date the form indicating that the information provided is complete and correct.
OK x
BIDDER'S LIST (49 CFR, Part 26.11)
(LOCAL ASSISTANCE PROCEDURES MANUAL EXHIBIT 12 -G)
BIDDER'S LIST OF SUBCONTRACTORS (DBE and NON -DBE)- PART I
The bidder shall list all subcontractors (both DBE and non -DBE) in accordance with Section 2 -1.054 of the Standard Specifications and per Title 49, Section 26.11 of the Code of
Federal Regulations. This listing is required in addition to listing DBE Subcontractors elsewhere in the proposal. Photocopy this form for additional firms.
Firm Name/
Address/
City, State, ZIP
Name
Address
City State ZIP
Name
Address
Ciiv State ZIP
Name
Address
City State ZIP
Nance
Address
City State ZIP
Phone/
Fax
Phone
Fax
Phone
Fax
Phone
Fax
Phone
Fax
Annual
Gross
Receipts
<51 million
<$5 million
SIOmillion
<515.million
:515 million
<$I million
<$5 million
$10 million
$15 million
515 million
<51 million
$5 million
0 <$10 million
<515 million
$15 million
0 <51 million
$5 million
<510 million
<515 million
$15 million
Description of Portion of Work to be Performed
nYES
ENO
1/ I ES Iisl DBE t:
Agc "vf Firm (Y
YES
l
NO
ffrYF.SlistDBE
Age of Fiini(Yir.)
OYES
I INO
(r rES list DRE 1/:
Age of Finn (Yrs.)
nYES
NO.
Jj YI'S lisrrci/rt:
Age of Finn`(Yrs.)
Distribution: 1) Original Local Agency File
128
Firm Name/
Address/
City, State, ZIP
Phone/
Fax
Annual
Gross
Receipts
Description of Portion of Work to be Performed
Name
Phone
0 <S5 million
'NO'
if tyL.:' listDBE#:
Av. Offirrn (YrS.)
Address
1:1 $10 million
Fax
0 $15 million
City State ZIP
C:1> $15 inillion
Name
Phone
0 SI million
YES
NO
If YES Iist-DBE
Av.. of Firm'cyrs.)'
<55 mitliori
Addres
0<StOiniUon
Fax
City State ZIP
Name
Phone
Q <51 rnillion
LII
NO'
If YES.list OBE,II:
Agc of Firm (Yrs.)
0 <$5 million
Address
0 <SW million
Fax
0 <$15 million
City State ZIP
•0 515 million
Nance
Phone
0 $1 million
OYES'
ErNO
if )115 lisi,DBE#:
0 <$5 million
Address
0 $10 million
Fax
0 <S15 million
Age of Firm (Yrs.)
City State ZIP
0 515 million
BIDDER'S LIST OF SUBCONTRACTORS (DBE and NON-DBE)- PART II
The bidder shall list all subcontractors who provided a quote or bid but were not selected to participate as a subcontractor on this project. This is required for compliance with Title
49, Section 26 of the Code of Federal Regulations. Photocopy this form for additional finns.
Distribution: 1) Original Local Agency File
129
130
AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)
FUNDS REQUIRED PROVISIONS
(LOCAL ASSISTANCE PROCEDURES MANUAL EXHIBIT 12 -E
Attachment 0)
EXHIBIT 12 -E
ATTACHMENT 0
5 1. FEDERAL REQUIREMENTS (AMERICAN RECOVERY AND REINVESTMENT ACT)
Under the American Recovery and Reinvestment Act (ARRA) of 2009, 9 USC 902:
SEC. 902. ACCESS OF GOVERNMENT ACCOUNTABILITY OFFICE.
(a) ACCESS. —Each contract awarded using funds made available in this Act shall provide that the Comptroller General and
his representatives are authorized—
(1) to examine any records of the contractor or any of its subcontractors, or any State or local agency
administering such contract, that directly pertain to, and involve transactions relating to, the
contract or subcontract; and
(2) to interview any officer or employee of the contractor or any of its subcontractors, or of any State
or local government agency administering the contract, regarding such transactions.
(b) RELATIONSHIP TO EXISTING AUTHORITY. Nothing in this section shall be interpreted to limit or restrict in any
way any existing authoriry of the Comptroller General.
Under ARRA of 2009, 9 USC 1515(a):
SEC. 1515. ACCESS OF OFFICES OF INSPECTOR GENERAL TO CERTAIN RECORDS AND EMPLOYEES.
(a) ACCESS. —With respect to each contract or grant awarded using covered funds, any representative of an appropriate
inspector general appointed under section 3 or 8G of the Inspector General Act of 1978 (5 U.S.C. App.), is authorized
(1) to examine any records of the contractor or grantee, any of its subcontractors or subgrantees, or
any State or local agency administering such contract, that pertain to, and involve transactions
relating to, the contract, subcontract, grant, or subgrant; and
(2) to interview any officer or employee of the contractor, grantee, subgrantee, or agency regarding
such transactions.
(b) RELATIONSHIP TO EXISTING AUTHORITY—Nothing in this section shall be interpreted to limit or restrict in any
way any existing authority of an inspector general.
Immediately notify the Engineer if you have been contacted by the U.S. Comptroller, Inspector General,
or their representatives.
131
I. CONTRACT NO.
2. FEDERAL -AID PROJECT NUMBER (From special provisions)
3. FIRST DAY OF
REPORTING PERIOD
(mm /dd/yy):
4. REPORT MONTH (mm/yy)
5. CONTRACTING AGENCY
6. CONTRACTOR NAME AND ADDRESS
7. EMPLOYMENT DATA
EMPLOYEES
HOURS
PAYROLL
NEW
HIRES
EXISILNG
EMPLOYEES
NEW HIRES
=MG
E\1PLOYEFS
A'E\Y WRFC
E1STLNG
EMPLAYEFS
PRIME CONTRACTOR DIRECT, ON- PROJECT JOBS
SUBCONTRACTOR DIRECT, ON- PROJECT JOBS
SUBCONTRACTOR NAME(S): DBE
El
PRIME AND SUBCONTRACTOR SUBTOTALS
PRIME AND SUBCONTRACTOR TOTALS (NEW EXISTING)
S. CERTIFIED BY CONTRACTOR: (Signature and Title)
DATE
TO BE COMPLETED BY AGENCY OR AUTHORIZED REPRESENTATIVE
9. REVIEWED BY CONTRACT ADMINISTRATOR: (Signature and Title)
DATE
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
MONTHLY EMPLOYMENT REPORT
CEtv1 -1204 (NEW 03/2009) DLA Modified
AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA)
MONTHLY EMPLOYMENT REPORT
COPY DISTRIBUTION:
132
Original Resident Engineer
Copy Contractor
JOB STAM P
See instructions that follow
Copy Caitrans District Local Assistance Engineer
ADA Notice For individuals with sensory disabilities. this document is available in alternate formats. For information call (916) 654 -6410 or TDD (916) 654 -3800 or write
Records and Fonns Management. 1120 N Street. MS -89. Sacramento. CA 95814.
STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
MONTHLY EMPLOYMENT REPORT
CEM -1204 (NEW 03/2009) DLA Modified
INSTRUCTIONS FOR COMPLETING ARRA MONTHLY EMPLOYMENT REPORT FORM
BOX 1. Contract Number. The state assigned project number or ID: district and expenditure authorization (EA).
BOX 2. Federal -aid Project Number. The state- assigned federal -aid project number.
BOX 3. First Day of Reporting Period. The first day of reporting period is the first day of the first payroll period of the month. If the
beginning of the month splits the payroll period, then the report will include dates from the prior month as necessary to complete
the payroll period.
BOX 4. Report Month. The month and year covered by the report. Reported as "arm /J y" (e.g. May 2009 would be coded as "05/09.
BOX 5. Contracting Agency. The name of the contracting agency. For state projects. enter Caltrans. For non -state projects, enter the name
of the contracting agency (federal agency, tribe, MPO, city, county, etc.).
BOX 6. Contractor Name and Address. The name and address of the contractor shall include the firm name, street address, city, state, and
zip code.
BOX 7. Employment Data.
Subcontractor Name(s). The name of each subcontractor that was active on the project for the reporting month.
Employees. The number of new hires and existing employees on the contractor's workforce that month, and the number of new
hires and existing employees for each of the active subcontractors that month. Do not include material suppliers. Reported as a
whole number.
Hours. The total hours on the specified project for the new hires and existing employees on the contractor's workforce that
month, and the total hours for the new hires and existing employees for each of the active subcontractors that month. Reported as
a whole number.
Payroll. The total dollar amount of wages paid by the contractor that month for employees on the specified project, and the total
dollar amount of wages paid by each of the active subcontractors that month. Rounded to the nearest whole dollar and reported as
a whole number. Refer to Section 9- 1.03A(1), "Labor," of the Standard Specifications.
Prince and Subcontractor Subtotals. The subtotal for number of employees, hours and payroll for new hires and existing
employees for the contractor and listed subcontractor(s).
Prime and Subcontractor Totals (New Existing). The total number of employees, hours and payroll for the contractor and listed
subcontractor(s).
BOX 8. Certified by Contractor.
Nance. Contractor representative or person responsible for certification of the information included on the form. By completing
the form, the authorized representative certifies that they are knowledgeable of the hours worked and employment status for all
employees. Contractors are responsible to maintain data to support the employment form and make it available to the state should
it request supporting materials.
Date. The date that the contractor completed the employment form. Reported as "amt /dd /yy."
BOX 9. Reviewed by Contract Administrator. (To be completed by the local agency or authorized representative.)
Name. Local agency representative, such as the resident engineer or contract manager, or authorized project representative
responsible for reviewing the submitted form.
Date. The date that the state representative reviewed the form. Reported as "nun /dd /yy."
133
GENERAL. —The work herein proposed will be financed in (This form need not be filled in if all joint venture firms are
whole or in part with Federal funds, and therefore all of the minority owned.)
statutes, rules and regulations promulgated by the Federal Gov-
ernment and applicable to work financed in whole or in part with
Federal funds will apply to such work. The "Required Contract 1. Name of joint venture
Provisions, Federal -Aid Construction Contracts, "Form FHWA
1273, are included in this Section 14. Whenever in said required
contract provisions references are made to "SHA contracting
officer", "SHA resident engineer or "authorized representative of 2. Address of joint venture
the SHA such references shall be construed to mean "Engineer"
as defined in Section 1 -1.18 of the Standard Specifications.
SECTION 14. FEDERAL REQUIREMENTS FOR FEDERAL AID CONSTRUCTION PROJECTS
PERFORMANCE OF PREVIOUS CONTRACT. —In ad-
dition to the provisions in Section 11, "Nondiscrimination," and
Section VII, "Subletting or Assigning the Contract," of the re-
quired contract provisions, the Contractor shall comply with the
following:
The bidder shall execute the CERTIFICATION WITH RE-
GARD TO THE PERFORMANCE OF PREVIOUS CON-
TRACTS OR SUBCONTRACTS SUBJECT TO THE EQUAL
OPPORTUNITY CLAUSE AND THE FILING OF
REQUIRED REPORTS located in the proposal. No request for
subletting or assigning any portion of the contract in excess of
SI0,000 will be considered under the provisions of Section VII
of the required contract provisions unless such request is
accompanied by the CERTIFICATION referred to above,
executed by the proposed subcontractor.
NON COLLUSION PROVISION. —The provisions in this
section are applicable to all contracts except contracts for Federal
Aid Secondary projects.
Title 23, United States Code, Section 112, requires as a condi-
tion precedent to approval by the Federal Highway Administrator
of the contract for this work that each bidder file a sworn statement
executed by, or on behalf of, the person, fine, association, or
corporation to whom such contract is to be awarded, certifying that
such person, firm, association, or corporation has not, either
directly or indirectly, entered into any agreement, participated in
any collusion, or otherwise taken any action in restraint of free
competitive bidding in connection with the submitted bid. A form
to make the non collusion affidavit statement required by Section
112 as a certification under penalty of perjury rather than as a
sworn statement as permitted by 28, USC, Sec. 1746, is included in
the proposal.
PARTICIPATION BY MINORITY BUSINESS EN-
TERPRISES IN SUBCONTRACTING. —Part 26, Title 49,
Code of Federal Regulations applies to this Federal -aid project.
Pertinent sections of said Code are incorporated in part or in its
entirety within other sections of these special provisions.
Schedule B— Information for Determining Joint Venture Eli-
gibility
134
FR -1
3. Phone number of joint venture
4. Identify the firms, which comprise the joint venture. (The
MBE partner must complete Schedule A.)
a. Describe the role of the MBE fine in the joint venture.
b. Describe very briefly the experience and business
qualifications of each non -MBE joint venturer:
5. Nature of the joint ventures business
6. Provide a copy of the joint venture agreement.
7. What is the claimed percentage of MBE ownership?
8. Ownership of joint venture: (This need not be filled in if
described in the joint venture agreement, provided by question
6.).
Reviied 3 -95
08 -07 -95
9. Control of and participation in this contract. identify by Signature Signature
name, race, sex, and "firm" those individuals (and their titles)
who are responsible for day -to -day management and policy
decision making, including, but not limited to, those with Name Name
prime responsibility for:
Title Title
a. Financial decisions
Note. —If, after filing this Schedule B and before the comple-
tion of the joint venture's work on the contract covered by this
regulation, there is any significant change in the information
submined, the joint venture trust inform the grantee, either di-
rectly or through the prime contractor if the joint venture is a
subcontractor.
Affidavit
"The undersigned swear that the foregoing statements are cor-
rect and include all material information necessary to identify
and explain the terms and operation of our joint venture and the
intended participation by each joint venturer in the undertaking.
Further, the undersigned covenant and agree to provide to
grantee current, complete and accurate information regarding ac-
tual joint venture work and the payment therefore and any pro-
posed changes in any of the joint venture arrangements and to
permit the audit and examination of the books, records and files
of the joint venture, or those of each joint venturer relevant to
the joint venture, by authorized representatives of the grantee or
the Federal funding agency. Any material misrepresentation
will be grounds for terminating any contract which may be
awarded and for initiating action under Federal or State laws
concerning false statements."
Revised 3 -95
08 -07 -95
135
a. Profit and loss sharing.
b. Capital contributions, including equipment. Name of Firm Name of Firm
c. Other applicable ownership interests.
b. Management decisions, such as:
I. Estimating
2. Marketing and sales
3. Hiring and firing of management personnel
4. Purchasing of major items or supplies
c. Supervision of field operations
Flat -2
Date Date
Date
State of
County of
On this day of 19 before me
appeared (Name) to me personally
known, who, being duly sworn, did execute the foregoing affi-
davit, and did state that he or she was properly authorized by
(Name of firm) to execute the
affidavit and did so as his or her free act and deed.
Notary Public
Commission expires
[Seal)
Date
State of
County of
On this day of 19 before me
appeared (Name) to me personally known,
who, being duly swom, did execute the foregoing affidavit, and
did state that he or she was properly authorized by (Name of
firm) to execute the affidavit
and did so as his or her free act and deed.
Notary Public
Commission expires
[Seal]
Page
I. General 3
Ii. Nondiscrimination 3
II!. Nonsegregated Facilities 5
iV. Payment of Predetermined Minimum Wage 6
V. Statements and Payrolls 8
VI. Record of lvtaterials, Supplies, and Labor 9
VII. Subletting or Assigning the Contract 9
Vlll. Safety: Accident Prevention 10
IX. False Statements Concerning Highway Project 10
X. Implementation of Clean Air Act and Federal Water
Pollution Control Act 10
Xl. Certification Regarding Debarment, Suspension,
Ineligibility, and Voluntary Exclusion 11
XI1. Certification Regarding Use of Contract Funds for
Lobbying 12
ATTACHMENTS
A. Employment Preference for Appalachian Contracts (included
in Appalachian contracts only)
I. GENERAL
I. 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.
2. Except as otherwise provided for in each section, the con-
tractor shall insert in each subcontract all of the stipulations
contained in these Required Contract Provisions, and further re-
quire their inclusion in any lower tier subcontract or purchase order
that may in tum be made. The Required Contract Provisions shall
not be incorporated by reference in any case. The prime contractor
shall be responsible for compliance by any subconnactor or lower
tier subcontractor with these Required Contract Provisions.
3. A breach of any of the stipulations contained in these Re-
quired Contract Provisions shall be sufficient grounds for termi-
nation of the contract.
4. A breach of the following clauses of the Required Contract
Provisions may also be grounds for debarment as provided in
29 CFR 5.12:
Section 1, paragraph 2;
Section IV, paragraphs I, 2, 3, 4, and 7;
Section V, paragraphs 1 and 2a through 2g.
5. Disputes arising out of the labor standards provisions of
Section [V (except paragraph 5) and Section V of these Required
Contract Provisions shall not be subject to the general disputes
clause of this contract. Such disputes shall be resolved in accor-
dance with the procedures of the U.S. Deparnnent of Labor (DOL)
LPP 09 -xx
REQUIRED CONTRACT PROVISIONS
FEDERAL -AID CONSTRUCTION CONTRACTS
(Exclusive of Appalachian Contracts)
FR -3
EXHIBIT 12
Attachment B
as set forth in 29 CFR 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 DOL, or the
contractor's employees or their representatives.
6. Selection of Labor: During the perfonnance of this contract,
the contractor shall not:
a. discriminate against labor from any other State, possession,
or territory of the United States (except for employment
preference for Appalachian contracts, when applicable, as
specified in Anachment A), or
b. employ convict labor for any purpose within the limits of
the project unless it is labor performed by convicts who are on
parole, supervised release, or probation.
11. NONDISCRIMINATION
(Applicable to all Federal -aid construction contracts and to all
related subcontracts of S10,000 or more.)
I. 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, and 41 CFR 60) and orders of the Secretary of
Labor as modified by the provisions prescribed herein, and im-
posed 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 Equal Opportunity Construction
Contract Specifications set forth under 41 CFR6O -4.3 and the
provisions of the American 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 State highway agency
(SHA) and the Federal Government in carrying out EEO obli-
gations and in their review of his/her activities under the con-
tract.
b. The contractor will accept as his operating policy the
following statement:
"/t is the policy of this Company to assure that applicants are
employed and that employees are treated during enrployment,
without regard to their race, religion, sex, color, national origin,
age or disability. Such action shall include: employment,
upgrading, demotion, or transfer, recntitmenl or recruitment ad-
vertising: layoff or termination: rates of pay or other forms of
compensation: and selection for training, including apprentice-
ship, preapprenticeship, and/or on-the-job training."
2. EEO Officer: The contractor will designate and make
known to the SHA contracting officers an EEO Officer who will
have the responsibility for and must be capable of effectively
Form 1273 Revised 3.95
08 -07 -95
Page 12 -136
April 10, 2009
administering and promoting an active contractor program of EEO
and who must be assigned adequate authority and responsibility to
do so.
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 re-
viewed 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 minority group employees_
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 im-
plement such policy will be brought to the attention of em-
ployees 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 adver-
tisements will be placed in publications having a large circulation
among minority groups 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 minority group applicants. To meet this requirement,
the contractor will identify sources of potential minority group
employees, and establish with such identified sources
procedures whereby minority group 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, he is expected to
observe the provisions of that agreement to the extent that the
system permits the contractor's compliance with EEO contract
provisions. (The DOL has held that where implementation of
such agreements have the effect of discriminating against
minorities or women, or obligates the contractor to do the same,
such implementation violates Executive Order 11246, as
amended.)
c. The contractor will encourage his present employees to
Form 1273 Revised 3 -95
08-07-95
LPP 09 -xx
7, 2009
FR -4
6. Training and Promotion:
EXHIBIT 12 -E
Attachment B
refer minority group applicants for employment. lnfomtation
and procedures with regard to referring minority group
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 ensure that working conditions and employee facilities
do not indicate discriminatory treatment of project site
personnel.
b. The contractor w ill periodically evaluate the spread of
wages paid within each classification w 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
his 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 his avenues of appeal.
a. The contractor will assist in locating, qualifying, and
increasing the skills of minority group and women employees,
and applicants for employment.
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 ge-
ographical area of contract performance. Where feasible, 25
percent of apprentices or trainees in each occupation shall be in
their first year of apprenticeship or training. In the event a
special provision for training is provided under this contract, this
subparagraph will be superseded as indicated in the special
provision.
c. The contractor will advise employees and applicants for
employment of available training programs and entrance re-
quirements for each.
d. The contractor will periodically review the training and
promotion potential of minority group and women employees
and will encourage eligible employees to apply for such training
and promotion.
Page 12 -69
April
7. Unions: if the contractor relies in whole or in part upon
unions as a source of employees, the contractor will use his/her
best efforts to obtain the cooperation of such unions to increase
opportunities for rninority groups and women within the unions,
and to effect referrals by such unions of minority and female
employees. 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 best efforts to develop, in coop-
eration with the unions, joint training programs aimed toward
qualifying more minority group members and women for
membership in the unions and increasing the skills of minority
group employees and women so that they may qualify for higher
paying employment.
b. The contractor will use best 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 SHA 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 minority and women 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 minority group
persons and women. (The DOL has held that it shall be no
excuse that the union with which the contractor has a collective
bargaining agreement providing for exclusive referral failed to
refer minority employees.) In the event the union referral prac-
tice prevents the contractor from meeting the obligations
pursuant to Executive Order 11246, as amended, and these
special provisions, such contractor shall immediately notify the
SHA.
8. 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.
a. The contractor shall notify all potential subcontractors and
suppliers of his/her EEO obligations under this contract.
b. Disadvantaged business enterprises (DBE), as defined in 49
CFR 26, shall have equal opportunity to compete for and
perform subcontracts which the contractor enters into pursuant
to this contract. The contractor will use his best efforts to solicit
bids from and to utilize DBE subcontractors or subcontractors
with meaningful minority group and female representation
among their employees. Contractors shall obtain lists of DBE
construction firms from SHA personnel.
c. The contractor will use his best efforts to ensure subcon-
tractor compliance with their EEO obligations.
9. Records and Reports: The contractor shall keep such
FR
III NONSEGREGATED FACILITIES
EXHIBIT 12 -E
Attachment B
records as necessary to document compliance with the EEO
requirements. Such records shall be retained for a period of three
years following completion of the contract work and shall be
available at reasonable times and places for inspection by au-
thorized representatives of the SHA and the FHWA.
a. The records kept by the contractor shall document the
following:
(1) The number of minority and non minority group
members and women employed in each work classification on
the project;
(2) The progress and efforts being made in cooperation
with unions, when applicable, to increase employment op-
portunities for minorities and women;
(3) The progress and efforts being made in locating, hiring,
training, qualifying, and upgrading minority and female
employees; and
(4) The progress and efforts being made in securing the
services of DBE subcontractors or subcontractors with
meaningful minority and female representation among their
employees.
b. The contractors will submit an annual report to the SHA
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. If on-the-job training is being required by special
provision, the contractor will be required to collect and report
training data.
(Applicable to all Federal -aid construction contracts and to all
related subcontracts of $10,000 or more.)
a. By submission of this bid, the execution of this contract or
subcontract, or the consummation of this material supply
agreement or purchase order, as appropriate, the bidder, Federal
aid construction contractor, subcontractor, material supplier, or
vendor, as appropriate, certifies that the firm does not maintain
or provide for its employees any segregated facilities at any of
its establishments, and that the firm does not permit its
employees to perform their services at any location, under its
control, where segregated facilities are maintained. The firm
agrees that a breach of this certification is a violation of the EEO
provisions of this contract. The firm further certifies that no
employee will be denied access to adequate facilities on the
basis of sex or disability.
b. As used in this certification, the tern "segregated facilities"
means any waiting rooms, work areas, restrooms and
washrooms, restaurants and other eating areas, time clocks,
locker rooms, and other storage or dressing areas, parking lots,
drinking fountains, recreation or entertainment areas,
transportation, and housing facilities provided for employees
which are segregated by explicit directive, or are, in fact, seg-
regated on the basis of race, color, religion, national origin, age
or disability, because of habit, local custom, or otherwise. The
only exception will be for the disabled when the demands for
accessibility override (e.g. disabled parking).
Form 1273 Revised 3 -95
03 -07 -95
Page 12 -138
LPP 01 -04 March 15, 2001
c. The contractor agrees that it has obtained or will obtain
identical certification from proposed subcontractors or material
suppliers prior to award of subcontracts or consummation of
material supply agreements of 10,000 or more and that it will
retain such certifications in its files.
IV. PAYMENT OF PREDETERMINED MINE MUM
WAGE
(Applicable to all Federal -aid construction contracts exceeding
$2,000 and to all related subcontracts, except for projects located
on roadways classified as local roads or rural minor collectors,
which are exempt.)
1. General:
a. All mechanics and laborers 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 (29 CFR 3)] issued by the Secretary of Labor under
the Copeland Act (40 U.S.C. 276c) the full amounts of wages
and bona fide fringe benefits (or cash equivalents thereof) due at
time of payment. The payment shall be computed at wage rates
not less than those contained in the wage determination of the
Secretary of Labor (hereinafter "the wage determination which
is attached hereto and made a part hereof, regardless of any
contractual relationship which may be alleged to exist between
the contractor or its subcontractors and such laborers and
mechanics. The wage determination {including any additional
classifications and wage rates conformed under paragraph 2 of
this Section IV and the DOL poster (WH -1321) or Form
FHWA -1495) 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. For
the purpose of this Section, contributions made or costs
reasonably anticipated for bona fide fringe benefits under
Section 1(b)(2) of the Davis -Bacon Act (40 U.S.C. 276a) on
behalf of laborers or mechanics are considered wages paid to
such laborers or mechanics, subject to the provisions of Section
IV, paragraph 3b, hereof. Also, for the purpose of this Section,
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 deter-
mination for the classification of work actually performed,
without regard to skill, except as provided in paragraphs 4 and 5
of this Section IV.
b. 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.
c. All rulings and interpretations of the Davis -Bacon Act and
related acts contained in 29 CFR 1, 3, and 5 are herein
incorporated by reference in this contract.
Fonn 1273 Revised 3 -95
08 -07 -95
FR -6
2. Classification:
EXHIBIT 12 -E
Attachment B
a. The SHA contracting officer shall require that any class of
laborers or mechanics employed under the contract, which is not
listed in the wage determination, shall be classified in
conformance with the wage determination.
b. The contracting officer shall approve an additional
classification, wage rate and fringe benefits only when the
following criteria have been met:
(1) the work to be performed by the additional classifi-
cation requested is not performed by a classification in the
wage determination;
(2) the additional classification is utilized in the area by the
construction industry:
(3) the proposed wage rate, including any bona fide fringe
benefits, bears a reasonable relationship to the wage rates
contained in the wage determination; and
(4) with respect to helpers, when such a classification
prevails in the area in which the work is performed.
c. If the contractor or subcontractors, as appropriate, the
laborers and mechanics (if known) to be employed in the addi-
tional classification 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 DOL, Administrator of the Wage and Hour Division,
Employment Standards Administration, Washington, D.C.
20210. The Wage and Hour 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.
d. In the event the contractor or subcontractors, as appro-
priate, the laborers or mechanics to be employed in the addi-
tional 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. Said 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
e. The wage rate (including fringe benefits where appropriate)
determined pursuant to paragraph 2c or 2d of this Section IV
shall be paid to all workers performing work in the additional
classification from the first day on which work is performed in
the classification.
3. Payment of Fringe Benefits:
a. Whenever the minimum wage rate prescribed in the con-
tract for a class of laborers or mechanics includes a fringe
benefit which is not expressed as an hourly rate. the contractor
or subcontractors, as appropriate, shall either pay the benefit
Page 12 -139
August 1996
as stated in the wage determination or shall pay another bona
fide fringe benefit or an hourly case equivalent thereof.
b. If the contractor or subcontractor, as appropriate, does not
make payments to a trustee or other third person, he /she may
consider as a 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.
4. Apprentices and Trainees (Programs of the U.S. DOL)
and Helpers:
a. Apprentices:
(1) 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 DOL,
Employment and Training Administration, Bureau of
Apprenticeship and Training, or with a State apprenticeship
agency recognized by the Bureau, or if a person is employed
in his/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 Bureau of Apprenticeship and Training or a
State apprenticeship agency (where appropriate) to be eligible
for probationary employment as an apprentice.
(2) The allowable ratio of apprentices to journeyman -level
employees 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
employee listed on a payroll at an apprentice wage rate, who
is not registered or otherwise employed as stated above, shall
be paid not Tess than the applicable wage rate listed in 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 or subcontractor 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 -level
hourly rate) specified in the contractor's or subcontractor's
registered program shall be observed.
(3) 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 journeyman
level 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 detennination for the applicable
classification. If the Administrator for the Wage and Hour
Division determines that a different practice prevails for the
applicable apprentice classification, fringes shall be paid in
accordance with that determination.
FR -7
b. Trainees:
c. Helpers:
EXHIBIT 12 -E
Attachment B
(4) In the event the Bureau of Apprenticeship and Training,
or a State apprenticeship agency recognized by the Bureau,
withdraws approval of an apprenticeship program, the
contractor or subcontractor will no longer be permitted to
utilize apprentices at less than the applicable predetermined
rate for the comparable work perforated by regular employees
until an acceptable program is approved.
(1) 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 DOL,
Employment and Training Administration.
(2) The ratio of trainees to journeyman-level employees on
the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration.
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 perfonning work on the job site in excess of the
ratio pennitted under the registered program shall be paid not
less than the applicable wage rate on the wage detennination
for the work actually performed.
(3) Every trainee must be paid at not less than the rate
specified in the approved program for his/her level of
progress, expressed as a percentage of the journeyman -level
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 -level wage rate on the
wage detennination which provides for less than full fringe
benefits for apprentices, in which case such trainees shall re-
ceive the same fringe benefits as apprentices.
(4) In the event the Etployment and Training Adminis-
tration withdraws approval of a training program, the con-
tractor or subcontractor 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.
Helpers will be permitted to work on a project if the helper
classification is specified and defined on the applicable wage
determination or is approved pursuant to the conformance
procedure set forth in Section IV.2. Any worker listed on a
payroll at a helper wage rate, who is not a helper under an
approved definition, shall be paid not less than the applicable
wage rate on the wage determination for the classification of
work actually performed.
Form 1273 Revised 3.95
08.07 -95
140187Page 12 -140
LPP 01 -04 March 15, 2001
EXHIBIT I2 -E
Attachment B
S. 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 [V. 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.
6. Withholding:
The SHA shall upon its own action or upon written request of an
authorized representative of the DOL withhold, or cause to be
withheld, from the contractor or subcontractor 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, as much of the accrued payments or advances as may
he 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 SHA contracting officer 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.
7. Overtime Requirements:
No contractor or subcontractor contracting for any part of the
contract work which may require or involve the employment of
laborers, mechanics, watchmen, or guards (including apprentices,
trainees, and helpers described in paragraphs 4 and 5 above) shall
require or permit any laborer, mechanic, watchman, or guard in
any workweek in which he/she is employed on such work, to work
in excess of 40 hours in such workweek unless such laborer,
mechanic, watchman, or guard receives compensation at a rate not
less than one and -one -half times his/her basic rate of pay for all
hours worked in excess of 40 hours in such workweek.
8. Violation:
Liability for Unpaid Wages; Liquidated Damages: In the event
of any violation of the clause set forth in paragraph 7 above, the
contractor and any subcontractor responsible thereof shall be liable
to the affected employee for his/her 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 darnages shall be computed
with respect to each individual laborer, mechanic, watchman, or
guard employed in violation of the clause set forth in paragraph 7,
in the sum of S 10 for each calendar day on which such employee
was required or permitted to work in excess of the standard work
week of 40 hours without payment of the overtime wages required
by the clause set forth in paragraph 7.
Form 1273 Revised 3 -95
05 -07 -95
Page 12 -141
FR -8
9. Withholding for Unpaid Wages and Liquidated Damages:
The SHA shall upon its own action or upon written request of
any authorized representative of the DOL 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
8 above.
V. STATEMENTS AND PAYROLLS
(Applicable to all Federal -aid construction contracts exceeding
$2,000 and to all related subcontracts, except for projects located
on roadways classified as local roads or rural collectors, which are
exempt.)
1. Compliance with Copeland Regulations (29 CFR 3):
The contractor shalt comply with the Copeland Regulations of
the Secretary of Labor which are herein incorporated by reference.
2. Payrolls and Payroll Records:
a. Payrolls and basic records relating thereto shall be
maintained by the contractor and each subcontractor during the
course of the work and preserved for a period of 3 years from
the date of completion of the contract for all laborers,
mechanics, apprentices, trainees, watchmen, helpers. and guards
working at the site of the work.
b. The payroll records shall contain the name, social security
number, and address of each such employee; his or her correct
classification; hourly rates of wages paid (including rates of
contributions or costs anticipated for bona fide fringe benefits or
cash equivalent thereof 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. In addition,
for Appalachian contracts, the payroll records shall contain a
notation indicating whether the employee does, or does not,
normally reside in the labor area as defined in Attachment A,
paragraph I Whenever the Secretary of Labor, pursuant to Sec-
tion [V, paragraph 3b, has found 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 I (b)(2)(B) of the Davis Bacon Act, the contractor and
each subcontractor shall maintain records which show that the
commitment to provide such benefits is enforceable, that the
plan or program is financially responsible, that the plan or
program has been communicated in writing to the laborers or
mechanics affected, and show the cost anticipated or the actual
cost incurred in providing benefits. Contractors or
subcontractors employing apprentices or trainees under
approved programs shall maintain written evidence of the
registration of apprentices and trainees, and ratios and wage
rates prescribed in the applicable programs.
March 15, 2001
c. Each contractor and subcontractor shall furnish, each week
in which any contract w ork is performed, to the SHA resident
engineer a payroll of wages paid each of its employees
(including apprentices, trainees, and helpers, described in
Section IV, paragraphs 4 and 5, and watchmen and guards en-
gaged on work during the preceding weekly payroll period).
The payroll submitted shall set out accurately and completely all
of the information required to be maintained under paragraph 2b
of this Section V. This information may be submitted in any
form desired. Optional Form WH -347 is available for this
purpose and may be purchased from the Superintendent of
Documents (Federal stock number 029 005 0014 -1), U.S.
Government Printing Office, Washington, D.C. 20402. The
prime contractor is responsible for the submission of copies of
payrolls by all subcontractors.
d. Each payroll submitted shall be accompanied by a
"Statement of Compliance," signed by the contractor or sub-
contractor or his/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 maintained under paragraph 2b of
this Section V and that such information is correct and
complete;
(2) that such 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 the Regulations, 29 CFR 3;
(3) that each laborer or mechanic has been paid not less that
the applicable wage rate and fringe benefits or cash equivalent
for the classification of worked performed, as specified in the
applicable wage determination incorporated into the contract.
e. 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 2d of this Section V.
f. The falsification of any of the above certifications may
subject the contractor to civil or criminal prosecution under 18
U.S.C. 1001 and 31 U.S.C. 231.
g. The contractor or subcontractor shall make the records re-
quired under paragraph 2b of this Section V available for inspec-
tion, copying, or transcription by authorized representatives of
the SHA, the FHWA, or the DOL, and shall permit such
representatives to interview employees during working hours on
the job. If the contractor or subcontractor fails to submit the re-
quired records or to make them available, the SHA, the FHWA,
the DOL, or all may, after written notice to the contractor,
sponsor, applicant, or owner, take such actions as may be nec-
essary 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.
FR -9
EXHIBIT 12 -E
Attachment B
VI. RECORD OF MATERIALS, SUPPLIES, AND
LABOR
1. On all Federal -aid contracts on the National Highway System,
except those which provide solely for the installation of protective
devices at railroad grade crossings, those which are constructed on
a force account or direct labor basis, highway beautification
contracts, and contracts for which the total final construction cost
for roadway and bridge is less than $1,000,000 (23 CFR 635); the
contractor shall:
a. Become familiar with the list of specific materials and
supplies contained in Form FHWA -47, "Statement of Materials
and Labor Used by Contractor of Highway Construction
Involving Federal Funds," prior to the commencement of work
under this contract.
b. Maintain a record of the total cost of all materials and
supplies purchased for and incorporated in the work, and also of
the quantities of those specific materials and supplies listed on
Form FHWA -47, and in the units shown on Form FHWA -47.
c. Furnish, upon the completion of the contract, to the SHA
resident engineer on Form FHWA -47 together with the data
required in paragraph lb relative to materials and supplies, a
final labor summary of all contract work indicating the total
hours worked and the total amount earned.
2. At the prime contractor's option, either a single report
covering all contract work or separate reports for the contractor
and for each subcontract shall be submitted.
VII. SUBLETTING OR ASSIGNING THE CONTRACT
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 State. 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).
a. "Its own organization" shall be construed to include only
workers employed and paid directly 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, assignee, or agent of the prime
contractor.
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 on the contract as a
whole and in general are to be limited to minor components of
the overall contract.
Form 1273 Revised 3 -95
08 -07 -95
Page 12 -142
LPP 08 -04 December 31, 2008
EXHIBIT 12 -E
Attachment 13
2. The contract amount upon which the requirements set forth in
paragraph 1 of Section V11 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 perfornis the work) and (b) such other of its
own organizational resources (supervision, management, and
engineering services) as the SHA 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 SHA
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 SHA has assured that each subcontract
is evidenced in writing and that it contains all pertinent provisions
and requirements of the prime contract.
VIII. SAFETY: ACCIDENT PREVENTION
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 SHA
contracting officer may detennine, 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. 333).
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. 333).
IX. FALSE STATEMENTS CONCERNING HIGHWAY
PROJECTS
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 mis-
representation with respect to any facts related to the project is a
violation of Federal law. To prevent any misunderstanding re-
Form 1273 Revised 3 -95
08-07-95
FR -10
garding the seriousness of these and similar acts, the following
notice 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:
NOTICE TO ALL PERSONNEL ENGAGED ON
FEDERAL -AID HIGHWAY PROJECTS
18 U.S.C. 1020 reads as follows:
"Whoever being an officer, agent, or employee of the United
States, or 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. naps,
specifications, contracts. or costs of construction on any highway
or related project submitted for approval w the Secretory of
Transportation: or
Whoever knowingly makes any false statement. false repre-
sentation, false report or false claim with respect to the character,
quality, quantity, or cost of any work performed or to be per-
formed, or materials furnished or to be furnished, in connection
with the construction of any highway or related project approved
by the Secretory of Transportation; or
Whoever knowingly makes any false statement or false repre-
sentation 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 Star. 355), as amended and sup-
plemented;
Shall be fined not more that $10,000 or imprisoned not more
than 5 years or both."
X. IMPLEMENTATION OF CLEAN AIR ACT AND
FEDERAL WATER POLLUTION CONTROL ACT
(Applicable to all Federal -aid constniction contracts and to all
related subcontracts of $100,000 or more.)
By submission of this bid or the execution of this contract, or
subcontract, as appropriate, the bidder, Federal -aid construction
contractor, or subcontractor, as appropriate, will be deemed to have
stipulated as follows:
I. That any facility that is or will be utilized in the performance
of this contract, unless such contract is exempt under the Clean Air
Act, as amended (42 U.S.C. 1857 et seq., as amended by Pub. L.
91 -604), and under the Federal Water Pollution Control Act, as
amended (33 U.S.C. 1251 et seq., as amended by Pub. L. 92 -500),
Executive Order 11738, and regulations in implementation thereof
(40 CFR 15) is not listed, on the date of contract award, on the
U.S. Environmental Protection Agency (EPA) List of Violating
Facilities pursuant to 40 CFR 15.20.
2. That the firm agrees to comply and remain in compliance with
all the requirements of Section 114 of the Clean Air Act and
Section 308 of the Federal Water Pollution Control Act and all
regulations and guidelines listed thereunder.
3. That the firm shall promptly notify the SHA of the receipt of
any communication from the Director. Office of Federal Activities,
EPA, indicating that a facility that is or will be utilized
Page 12 -143
August 1996
for the contract is under consideration to be listed on the EPA List
of Violating Facilities.
4. That the tinn agrees to include or cause to be included the
requirements of paragraph 1 through 4 of this Section X in every
nonexempt subcontract, and further agrees to take such action as
the government may direct as a means of enforcing such re-
quirements.
XI. CERTIFICATION REGARDING DEBARMENT,
SUSPENSION, INELIGIBILITY AND VOLUNTARY
EXCLUSION
1. Instructions for Certification Primary Covered
Transactions:
(Applicable to all Federal -aid contracts 49 CFR 29)
a. By signing and submitting this proposal, the prospective
primary 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 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 primary 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 department or
agency determined to enter into this transaction. If it is later
determined that the prospective primary participant knowingly
rendered an erroneous certification, in addition to other remedies
available to the Federal Govemment, the department or agency
may terminate this transaction for cause of default.
d. The prospective primary participant shall provide im-
mediate written notice to the deparnnent or agency to whom this
proposal is submitted if any time the prospective primary
participant leams that its certification was erroneous when
submitted or has become erroneous by reason of changed
circumstances.
e. The terms "covered transaction," "debarred," "suspended,"
"ineligible," "lower tier covered transaction," 'participant,"
"person," "primary covered transaction," "principal," "proposal,"
and "voluntarily excluded," as used in this clause, have the
meanings set out in the Definitions and Coverage sections of
rules implementing Executive Order 12549. You may contact
the department or agency to which this proposal is submitted for
assistance in obtaining a copy of those regulations.
f. The prospective primary 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 primary participant further agrees by
FR -11
EXHIBIT 12 -E
Attachment B
submitting this proposal that it will include the clause titled
"Certification Regarding Debarment, Suspension. Ineligibility
and Voluntary Exclusion -Lower Tier Covered Transaction,"
provided by the department or agency entering into this covered
transaction, without modification, in all lower tier covered
transactions and in all solicitations for lower tier covered
transactions.
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 may
decide the method and frequency by which it detennines the el-
igibility of its principals. Each participant may, but is not
required to, check the nonprocurement portion of the "Lists of
Parties Excluded From Federal Procurement or Nonprocurement
Programs" (Nonprocurement List) which is compiled by the
General Services Administration.
i. 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.
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 de-
partment or agency may terminate this transaction for cause or
default.
Certification Regarding Debarment,
Suspension, Ineligibility and Voluntary
Exclusion Primary Covered Transactions
I. The prospective primary participant certifies to the best of
its knowledge and belief, that it and its principals:
a. Are not presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from
covered transactions by any Federal departtent or agency;
b. Have not within a 3 -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,
snaking false statements, or receiving stolen property;
c. 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 lb of this certification; and
Form 1273 Revised 3-95
08-07-95
Page 12 -144
LPP 01 -04 March 15, 2001
EXHIBIT 12 -E
Attachment B
d. Have not within a 3 -year period preceding this ap-
plication/proposal had one or more public transactions
(Federal, State or local) terminated for cause or default.
2. Where the prospective primary 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 Covered
Transactions:
(Applicable to all subcontracts, purchase orders and other lower
tier transactions of $25,000 or more 49 CFR 29)
a. By signing and submitting this proposal, the prospective
lower tier is providing the certification set out below.
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 Governrnent, 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
teams that its certification was erroneous by reason of changed
circumstances.
d. The terms "covered transaction," "debarred," "suspended,"
"ineligible," "primary covered transaction," "participant,"
"person," "principal," "proposal," and "voluntarily excluded," as
used in this clause, have the meanings set out in the Definitions
and Coverage sections of rules implementing Executive Order
12549. You may contact the person to which this proposal is
submitted for assistance in obtaining a copy of those regulations.
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 witli 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 tower tier covered transactions and
in all solicitations for lower tier covered transactions.
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 may
decide the method and frequency by which it determines the el-
igibility of its principals. Each participant may, but is not
Form 1273 Revised 3.95
08-07-95
Page 12 -145
FR -12
required to, check the Nonprocurement List.
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 de-
partment 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 Covered Transactions
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 participation
in this transaction 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.
XII. CERTIFICATION REGARDING USE OF
CONTRACT FUNDS FOR LOBBYING
(Applicable to all Federal -aid construction contracts and to all
related subcontracts which exceed 3100,000 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, 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,
March 15, 2001
grant, loan, or cooperative agreement, the undersigned shall
complete and submit Standard Fonn -LLL, "Disclosure Form to
Report Lobbying," in accordance with its instructions.
2. "his certification is a material representation of fact upon
which reliance was placed when this transaction was made or en-
tered 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
In accordance with Section 11, "Nondiscrimination," of
"Required Contract Provisions Federal -aid Construction
Contracts" the following are the goals for female utilization:
Goal for Women
(applies nationwide) (percent) 6.9
The following are goals for minority utilization:
174 Redding, CA:
175 Eureka, CA:
LPP 09 xx
CALIFORNIA ECONOMIC AREA
Non -SMSA Counties 6.8
CA Lassen; CA Modoc;
CA Plumas; CA Shasta;
CA Siskiyou; CA Tehama.
Non -SMSA Counties 6.6
CA Del Norte; CA Humboldt;
CA Trinity.
176 San Francisco Oakland -San Jose, CA:
SMSA Counties:
7120 Salinas-Seaside-
Monterey, CA 28.9
CA Monterey.
7360 San Francisco Oakland, CA 25.6
CA Alameda; CA Contra Costa;
CA Marin; CA San Francisco;
CA San Mateo.
7400 San Jose, CA 19.6
CA Santa Clara.
7485 Santa Cruz, CA. 14.9
CA Santa Cruz.
7500 Santa Rosa, CA 9.1
CA Sonoma.
8720 Vallejo Fairfield- Napa, CA 17.1
CA Napa; CA Solano
Non -SMSA Counties 23.2
CA Lake; CA Mendocino;
CA San Benito.
FEDERAL AID FEMALE AND MINORITY GOALS
Goal
(Percent)
FR 13
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 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 recipients shall certify and
disclose accordingly.
177 Sacramento, CA:
EXHIBIT 12 -E
Attachment B
SMSA Counties:
6920 Sacramento, CA 16.1
CA Placer; CA Sacramento;
CA Yolo.
Non -SMSA Counties 14.3
CA Butte; CA Colusa;
CA El Dorado; CA Glenn;
CA Nevada; CA Sierra;
CA Sutter; CA Yuba.
178 Stockton Modesto, CA:
SMSA Counties:
5170 Modesto, CA 12.3
CA Stanislaus.
8120 Stockton, CA 24.3
CA San Joaquin.
Non -SMSA Counties 19.8
CA Alpine; CA Amador;
CA Calaveras; CA Mariposa;
CA Merced; CA Tuolumne.
179 Fresno Bakersfield, CA:
SMSA Counties:
0680 Bakersfield, CA 19.1
CA Kern.
2840 Fresno, CA 26.1
CA Fresno.
Non -SMSA Counties 23.6
CA Kings; CA Madera;
CA Tulare.
180 Los Angeles, CA:
SMSA Counties:
0360 Anaheim -Santa Ana- Garden
Grove, CA. 11.9
CA Orange.
4480 Los Angeles -Long
Beach, CA 28.3
CA Los Angeles.
6000 Oxnard -Simi Valley-
Ventura, CA 21.5
CA Ventura.
Form 1273 Revised 3 -95
08 -07 -95
Page 12 -146
April 10, 2009
6780 Riverside -San Bernardino
Ontario, CA.
CA Riverside;
CA San Bernardino.
7480 Santa Barbara -Santa Maria
Lompoc, CA
CA Santa Barbara.
Non -SMSA Counties
CA lnyo; CA Mono;
CA San Luis Obispo.
181 San Diego, CA:
Form 1273 Revised 3 -95
OS -07 -95
147
19.0
19.7
24.6
SMSA Counties
7320 San Diego, CA. 16.9
1 CA San Diego.
1 Non -SMSA Counties 18.2
1 CA Imperial.
In addition to the reporting requirements set forth elsewhere in this contract the Contractor and subcontractors holding subcontracts, not
including material suppliers, of 510.000 or more, shall submit for every month of July during which work is performed, employment data
as contained under Form FHWA PR -1391 (Appendix C to 23 CFR, Part 230), and in accordance with the instructions included thereon.
FR -14
FEDERAL WAGE DECISION
GENERAL DECISION: CA20080229 07/03/2009 CA29
Date: July 3, 2009
General Decision Number: CA20080029 07/03/2009
Superseded General Decision Number: CA20070029
State: California
Construction Types: Building, Heavy (Heavy and Dredging) and
Highway
Counties: Alameda, Calaveras, Contra Costa, Fresno, Kings,
Madera, Mariposa, Merced, Monterey, San Benito, San Francisco,
San Joaquin, San Mateo, Santa Clara, Santa Cruz, Stanislaus and
Tuolumne Counties in California.
BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS•(does not
include hopper dredge work;; HEAVY CONS^_RUCT1OY PROJECTS (does
not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS
Modification Number Publication Date
0 02/08/2008
1 02/15/2008
2 02/22/2008
3 02/29/2008
4 03/07/2008
5 03/21/2008
6 03/28/2008
7 04/04/2008
8 04/18/2008
9 06/20/2008
10 07/04/2008
11 0
12 07/18/2008
13 08/01/2008
14 08/08/2008
15 08/15/2008
16 08/29/2008
17 09/12/2008
18 10/03/2008
19 10/31/2008
20 11/14/2008
21 12/05/2008
22 01/02/2009
23 01/16/2009
24 02/06/2009
25 02/27/2009
26 04/03/2009
27 05/°31/2009
28 03/08/2009
29 06/05/2':''x09
30 06/26/2009
31 07/03/2009
ASE -10 :16 -001 01/01/2009
AREA 1: ALIJ'EDA, CONTRA COSTA, LAKE, MARIN, MENDOCINO,
149
MONTEREY, NAPA, SAN BEN: 0, SAN FRANCISCO, SAN MATEO, SANTA
CLARA, SANTA CRUZ, SOLANO, SONOMA COUNTIES
AREA 2: ALPINE, 11NADOR, BUTTE, CALAVERAS, COLUSA, DEL NORTE,
EL DORADO, FRESNO, GLENN, HUMBOLDT, KINGS, LASSEN, MADERA,
MARIPOSA, MERCED, MODCC, MONO, NEVADA, PLACER, PLUMAS,
SACRAMENTO, SAN COAQLTN, SHASTA, SIERRA, SISKIYOU, STANISLAU,
SU ER, TEHE1A, TRIN:=Y, TULARE, TUCLUMNE, YOLO, YUBA CO N:IES
Asbestos Workers /Insulator
_:des the appl` caz n of
all rsulating materials,
Protective Coverings,
Coatings, and Finishes to all
types of mechanical systems)
Area 1 47.73
Area 2 39.08
ASB_0016 -004 01/01/2009
Asbestos Removal
worker /hazardous material
handler (Includes
preparation, wetting,
stripping, removal,
scrapping, vacuu-.ng, bagging
and disposing of all
insulation materials from
mechanical systems, whether
they contain asbestos or not)....$ 29.60
BOIL0549 -001 10/01/2007
AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO SANTA
CLARA COUNTIES
AREA 2: REMAINING COUNTIES
BOILERMAKER
Area 1 37.62
Area 2 36.52
BRCA .003 -0J1 /01/200=
BRCA _�3
05/01/29
150
Rates Fringes
15.21
15.21
Rates Fringes
5.40
Rates Fringes
19.8
1 9.3 7
Rates Fringes
MARBLE FIN :SHER 28.02 12.12
BRCA;_.:3 -003 08/01/20:3
Rates Fringes
_.RE=..- MASON 39.22 18.58
Rates Fringes
BRICKLAYER
1) Fresno, Kings,
Madera, Mariposa, Morced $ 32.74 16.81
7) San Francisco, San
Mateo ]8.7] 18.97
8) Alameda, Contra
Costa, San Benito, Santa
Clara 38.0I 17.39
9) Calaveras, San
Joaquin, Stanislaus,
33.49 16.00
{16) Monterey, Santa czuz $ 34.04 20.14
auCa0003-008 07/01/2::
TERRAZZO FINISHER 28.01
TERRAZZO gORKER/5c' 38.18
BnCa0003-011 04/01/2009
caxp0034-00I 07/01/2009
Diver
DT:IPTx PAY (Surface Diving):
050 to 100 ft $2.00 per foot
1:1 to 150 ft $3.00 per foot
I51 to 220 ft $4.00 per foot
Rates Fringes
10.61
17.67
AREA 1: Alameda, Contra Costa, Monterey, San Benito, San
Francisco, San Mateo, Santa Clara, Santa Cruz
AREA 2: Calaveras, San Joaquin, Stanislaus, Tuolumne
AREA 3: Fresno, Kings, Madera, Mariposa, mezoed
Rates Fringes
TILE FINISHER
Area 1 21.34 10.89
Area 2 21.16 11.02
Area 3 20.85 10.I0
Tile Layer
Area 1 38.51 12.17
Area 2 34.31 12.I2
Area 3 29.70 11.46
Rates Fringes
Assistant Tender, ROV
Tender/Technician 35.75 24.15
Diver standby 40.33 24.16
Diver Tender 39.33 24.15
Diver wet 80.06 24.16
mar.Lfold Operator (mixed
gas) 44.]] 24.16
Manifold Operator (Scandby) $ 39.33 24.16
SATURATION DIVING:
The standby rate shall apply until saturation starts. The
saturation diving rate applies when divers are under
pressure continuously until work task and decompression are
complete. The diver rate shall be paid for all saturation
hours.
DIVING IN ENCLOSURES:
Where it is necessary for Divers to enter p_pes or tunnels,
or other enclosures where there is no vertical ascent, the
following premium shall be paid: Distance traveled from
en>rance 26 feet to 300 feet: $1.00 per foot. When it is
necessary for a diver to enter any pipe, tunnel or other
enclosure less than 48" in height, the prer.f= will be
$1.90 per foot.
WORK IN COMBINATION OF CLASSI.
Employees working in any combination of classifications
within the diving crew (except dive supervisor) in a shift
are paid in the classification with the highest rate for
that shift.
CAR ;234 -003 07/01/2009
Rates Fringes
Piledriver 35.75 24.16
CARP0035 -002 07/01/2009
AREA 1: Alameda, Contra Costa, San Francisco, San Mateo, Santa
Clara counties
AREA 2: Monterey, San Benito, Santa Cruz Counties
AREA 4: Calaveras, Fresno, Kings, Madera, Mariposa, Merced, San
Joaquin, Stanislaus, Tuolumne Counties
CARPENTER
AREA 1:
(1) Carpenter 36.50 20.96
(2) Hardwood Floorlayer;
Shingler; Power Saw
Operator; Steel Scaffold
Steel Shoring Erector;
Saw Filer 36.65 20.96
(3) Bridge Builder 36.50 20.96
(4) Millwright 36.60 22.55
AREA 2:
(1) Carpenter 30.62 20.96
(2) Hardwood Floorlayer;
Shingler; Power Saw
Operator; Steel Scaffold
Steel Shoring Erector;
Saw Filer 30.77 20.96
(3) Bridge Builder 36.50 20.96
Millwright 33.12 22.55
AREA 4:
(l#. Carpenter 29.27 20.96
2} fardwood Floorlayer;
Sh ler; Power Saw
g_._
Operator; Steel Scaffold
Steel Shoring Erector;
Saw Filer 29.42 20.96
152
Rates Fringes
153
(3) Bridge Builder 36.50
(4) Millwright 31.77
CARP0035 -007 07/01/2009
20.96
22.55
AREA 1: Alameda, Contra Costa, San Francisco, San Mateo, Santa
Clara counties
AREA 2: Monterey, San Benito, Santa Cruz Counties
AREA 3: Calaveras, Fresno, Kings, Madera, Mariposa, Merced, San
Joaquin, Stanislaus, Tuo1i ne Counties
Rates Fringes
Modular Furniture Installer
Area 1
Installer 1 21.60 13.89
Installer II 18.17 13.89
Lead Installer 25.05 14.39
Master Installer 29.27 14.39
Area 2
Installer I 18.95 13.89
Installer II 16.00 14.39
Lead Installer 21.92 14.39
Master Installer 25.55 14.39
Area 3
Installer I 18.00 13.89
Installer II 15.23 13.89
Lead Installer 20.80 14.39
Master Installer 24.22 14.39
CARP0035 -008 07/01/2009
AREA 1: Alameda, Contra Costa, San Francisco, San Mateo, Santa
Clara counties
AREA 2: Monterey, San Benito, Santa Cruz Counties
AREA 4: Calaveras, Fresno, Kings, Madera, Mariposa, Merced, San
Joaquin, Stanislaus, Tuolumne Counties
_IEC C06 -001 12/01/2008
Rates Fringes
Drywall Installers /Lathers:
Area 1 34.75 21.40
Area 2 28.87 21.40
Area 4 28.02 21.40
Drywall Stocker /Scrapper
Area 1 17.38 13.29
Area 2 14.44 13.29
Area 4 14.01 13.29
ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN FRANCISCO,
SAN 4�r.TEO, SANTA CLARA, AND SANTA CRUZ COUNTIES
Rates Fringes
Sound Communications
Installer 29.87 35 +11.95
Technician 34.01 3' +11.95
SCOPE OF WORK: Including any data system whose only function
is to transmit or receive information; excluding all other
data systems or multiple systems which include control
function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed
in raceways (including wire and cable pulling) and when
performed on new or major remodel building projects or
jobs for which the conductors for the fire alarm system are
installed in conduit; excluding installation of raceway
systems, line vc«age work, industrial work, life- safety
systems (all buildings having floors located more than 75'
above the lowest floor level having building access);
excluding energy management systems.
FOOTNOTE: Fire alarm work when installed in raceways
(including wire and cable pulling), on projects which
involve new or major remodel building construction, for
which the conductors for :e fire alarm system are
installed in the conduit, shall be performed by the inside
electrician.
ELEC0:06 -007 06/01/2008
SAN FRANCISCO COUNTY
Rates Fringes
ELECTRICIAN S 53.05 21.685
ELEC0006 -008 12/01/2006
CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN
JOAQUIN, STAiISLAUS AND TUOLUMNE COUNTIES
Rates Fringes
Communications System
Installer 23.4.7 3% +10.65
Technician 26.72 3% +10.65
SCOPE OF WORK: Including any data system whose only function
is to transmit or receive information; excluding all other
data systems or multiple systems which include control
function or power supply; inclusion or exclusion of
terminations and testings of conductors determined by
their function; excluding fire alarm work when installed
in raceways (ir.cl wire and cable pulling) and when
performed on new or major remodel building projects or
jobs for which the con&.ictors for the fire alarm system are
installed it conii'!it; excluding installation of raceway
systems, line voltage work, industrial work, life safety
systems (all buildings having floors located more than 75'
above the lowest floor level. having building access);
excluding energy management systems.
FOOTNOTE: Fire alarm work when installed in raceways
including wire and cable pulling), on projects which
involve new or major remodel building construction, for
which the conductors for the fire alarm system are
installed in the conduit, shall be performed by the inside
electrician.
154
ELEC0100 -002 06/01/2008
FRESNO, KINGS, AND MADERA COUNTIES
ELEC0100 -005 12/01/2008
FRESNO, KINGS, MADERA
155
Rates Fringes
ELECTRICIAN 32.35 3% +13.70
Rates Fringes
Communications System
Instal -er 26.24 3f+21.95
Technician 29.88 3% +11.95
SCOPE OF WORK
includes the installation testing, service and maintenance,
of the following systems which utilize the transmission
and /or transference of voice, sound, vision and digital for
commercial, education, security and entertainment purposes
for the following: TV monitoring and surveillance,
background foreground music, intercom and telephone
interconnect, inventory control systems, microwave
transmission, multi- media, multiplex, nurse call system,
radio page, school intercom and sound, burglar alarms, and
low voltage master clock systems.
A. SOUND AND VOICE TRANSMISSION /TRANSFERENCE SYSTEMS
Background foreground music, Intercom and telephone
interconnect systems, Telephone systems Nurse call systems,
Radio page systems, School intercom and sound systems,
Burglar alarm systems, Low voltage, master clock systems,
Multi media /multiplex systems, Sound and musical
entertainment systems, RF systems, Antennas and Wave Guide,
B. FIRE ALARM SYSTEMS Installation, wire pulling and testing
C. TELEVISION AND VIDEO SYSTEMS Television monitoring and
surveillance systems Video security systems, Video
entertainment systems, Video educational systems, Microwave
transmission systems, CATV and CCTV
D. SECURITY SYSTEMS Perimeter security systems Vibration
sensor systems Card access systems Access control systems,
Sonar /infrared monitoring equipment
E.. COMMUNICATIONS SYSTEMS ~AT TRANSMIT OR RECEIVE
INFORMATION AND /OR CONTROL SYSTEMS THAT ARE INT I.NSIC TO
THE ABOVE LISTED SYSTEMS SCADA (Supervisory Control and
Data Acquisition) PCM (Pulse Code Modulation) Inventory
Control Systems, Digital Data Systems Broadband and
Baseband and Carriers Point of Sale Systems, VSAT Data
Systems Data Communication Systems RF and Remote Control
Systems, Fiber Optic Data Systems
WORK EXCLUDED Raceway systems are not covered (excluding
Ladder -Rack for the purpose of the above listed systems).
Chases and /or nipples (not to exceed 10 feet) may be
installed on open wiring systems. Energy management
systems. SCADA (Supervisory Conr.rol and Data Acquisition)
when not intrinsic to the above 1..isted systems (in the
scope'. Fire alarm systems when installed in raceways
(including wire and cable pulling) shall be performed at
the .electrician wage rate, when either of the following two
(2) conditions apply:
1. The project involves new or major remodel building trades
construction.
2. The cor.a:::zors for the fire alarm system are installed in
conduit.
_LECO234 -001 12/ :1/2:;5
MONTEREY, SAN BENITO AND SANTA CR::Z COUYT :TS
Rates
ELECTRICIAN 38.24
ELECO302 -001 06/01/2'30,9
CONTRA COSTA COUNTY
CABLE SLICER 51.36 3 +18.75
ELECTRICIAN 45.21 3i +18.75
ELECO332 -001 12/01/2008
SANTA CLARA COUNTY
CABLE SPLICER 54.71 3%+19.18
ELECTRICIAN 47.57 3% +19.18
FOOTNOTES: Work under compressed air or where gas masks are
required, orwork on ladders, scaffolds, stacks, "Bosun's
chairs," or other structures and where the workers are not
protected by permanent guard rails at a distance of 40 to
60 ft. from the ground or supporting structures: to be paid
one and one -half times the straight -:i.me rate of pay.
Work on structures of 60 ft. or over ';as described above):
to be paid twice the straight -time rate of pay.
ELECO595 06/01/20:9
ALA`_EDA COUNTY
ELECO595 -002 06/C1/2009
CALAVERA.S AND SAN JOAQi IN COUNT
Fringes
3% +19.11
Rates Fringes
Rates Fringes
Rates Fringes
CABLE SPL 50.06 3% +22.25
ELECTRICIAN 44.50 3°% +22.25
Rates Fringes
CABLE SPLICER 37.13 7.5%+20.04
ELECTRICIAN
156
(1) Tunnel work 34.65 7.5% +20.04
(2) All other work 33.00 7.5% +20.04
ELEC0617 -001 06/01/2009
SAN MATEO COUNTY
Rates Fringes
LECTRICIAN 50.00 20.83
=ECC6: 07/01/2008
MARIPOSA, ERCED, ST NISLAUS AND TUOLUNE COUNTIES
Rates Fringes
_LEC?RTCIAN 33.62 3%+16.05
CAELE S?__CER 11C of Journeyman Electrician
ELEC1245 -0 06/01/2008
Rates Fringes
LINE CONSTRUCTION
(1) Lineman; Cable splicer $ 43.07 12.57
(2) Equipment specialist
(operates crawler
tractors, commercial motor
vehicles, backhoes,
trenchers, cranes (50 tons
and below), overhead
underground distribution
line equipment) 34.40 11.53
(3) Groundman 26.31 11.29
(4) Powderman 38.46 11.69
HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day,
Independence Day, Labor Day, Veterans Day, Thanksgiving Day
and day after Thanksgiving, Christmas Day
/0008 -CDI 01/01/2009
ENGI0003 -008 07/01/2008
Dredging: (DREDGING:
CLAMSHE DIPPER DREDGING;
HYDRAULIC SUCTION DREDGING:)
157
Rates Fringes
F- EVA^lOR MECHANIC 53.66 18.285
FOOTNOTE:
PAID VACATION: Employer contributes 8% of regular hourly
rate as vacation pay credit for employees with more than 5
years of service, and 6% for 6 months to 5 years of service.
PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day,
Labor Cay, Veterans Day, Thanksgiving Day, Friday after
Thanksgiving, and Christmas Day.
Rates Fringes
AREA 1:
(1) Leverman 37.24 21.78
(2) Dredge Dozer; Heavy
duty repairman 32.28 21.78
(3) Booster Pump
Operator; Deck
Eng veer; Deck mate;
Dredge Tender; Winch
Operator 31.16 21.78
(4) Bargeman; Deckhand;
Fireman; Leveehand; Oiler $ 27.86 21.78
AREA 2:
)1 Leverman 39.24 21.78
(2) Dredge Dozer; Heavy
duty repairman 34.28 21.78
(3) Booster Pump
Operator; Deck
Engineer; Deck mate;
Dredge Tender; Winch
Operator 33.16 21.78
(4) Bargeman; Deckhand;
Fireman; Leveehand; Oiler $ 29.86 21.78
AREA DESCRIPTIONS
AREA 1: ALAMEDA,BCTTE, CONTRA COSTA, KINGS, MARIN, MERCED,
NAPA, SACRAMENTO, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN,
SAN MATEO, SANTA CLARA, SANTA CRUZ, SOLANO, STANISLAUS,
SUTTER, YOLO, AND YUBA COUNTIES
AREA 2: MODOC COUNTY
THE REMAINGING COUNTIES ARE SPLIT BETWEEN AREA 1 AND AREA 2
AS NOTED BELOW:
ALPINE COUNTY:
Area 1: Northernmost part
Area 2: Remainder
CALAVERAS CO:N Y:
Area 1: Remainder
Area 2: Eastern part
CO_:;SA COUNTY:
Area 1: Eastern part
Area 2: Remainder
ELDORADO COUNTY:
Area 1: Norte Central part
Area 2: Remainder
FRESNO COUNTY:
Area 1: Remainder
Area 2: Eastern part
GLENN COUNTY:
Area 1: Eastern part
Area 2: Remainder
LASSEN CC" "TY:
Area 1: Western part along the Southern portion of border
with Shasta County
Area 2: Remainder
158
MADERA COUNTY:
Area 1: Except Eastern part
Area 2: Eastern part
MARIPOSA COiJNTY
Area 1: Except Eastern part
Area 2: Eastern part
MONTERREY CCJY Y
Area 1: Except Southwestern part
Area 2: Southwestern part
.ADA COUNTY:
Area 1: All but the Northern portion along the border of
Sierra County
Area 2: Remainder
PLACER CCJYTY:
Area 1: Al but the Central portion
Area 2: Remainder
PLUMAS COUNTY:
Area 1: Western portion
Area 2: Remainder
SHASTA COUNTY:
Area 1: All but the Northeastern corner
Area 2: Remainder
SIERRA COUNTY:
Area 1: Western part
Area 2: Remainder
SISKIYOU COUNTY:
Area 1: Central part
Area 2: Remainder
SONOMA COUNTY:
Area 1: All but the Northwestern corner
Area 2: Remainder
TEHAMA COUNTY:
Area 1: All but the Western border with Mendocino Trinity
Couc _es
Area 2: Remainder
TRINITY COUNTY:
Area 1: East Central part and the Northeastern border with
Shasta County
Area 2: Remainder
TUOLUMNE COUNT'
Area 1: Except Eastern part
Area 2: Eastern part
ENGI0003 -018 06/30/2008
"AREA 1" WAGE RATES ARE LISTED BELOW
"AREA 2" RECEIVES AN ADDITIONAL $2.00 PER HOUR ABOVE AREA 1
RATES.
159
SEE AREA DEFINITIONS BELOW
POER Eu:: t ::E N': OPERATOR
(AREA 1:)
GRO:;? 1 36.77 20.89
GRO:; 2 35.24 20.89
GROUP 3 33.76 20.89
GRO:= 4 32.38 20.89
GRO::= 5 S 31._: 2 :.89
GROUP 6 29.79 20.89
GROUP 7 28.65 20.89
CROUP 8 27.51 20.89
GRO" 6 -A 27.30 20.89
EQ;: -PMENT OPERATOR
(Cranes and Att.a.hments
AREA 1:)
GROUP 1
Cranes 37.65 20.89
Oiler 28.39 20.89
Truck crane oiler 30.68 20.89
GROUP 2
Cranes 35.89 20.89
Oiler 28.18 20.89
Truck crane oiler 30.42 20.89
GROUP 3
Cranes 34.14 20.89
Hydraulic 29.79 20.89
Oiler 27.90 20.89
Truck Crane Oiler 30.18 20.89
POWER EQUIPMENT OPERATOR
(Piledriving AREA 1:)
GROUP i
Lifting devices 37.99 20.89
Oiler 28.73 20.89
Truck crane oiler 31.01 20.89
GROUP 2
Lifting devices 36.17 20.89
Oiler 28.46 20.89
Truck Crane Oiler 30.76 20.89
GROUP 3
Lifting devices 34.49 20.89
Oiler 28.24 20.89
Truck Crane Oiler 30.47 20.89
GROUP 4 32.72 20.89
GROUP 5 30.08 20.89
GROUP 6 27.85 20.89
POWER EQUIPMENT OPERATOR
(Steel Erection AREA 1
GROUP 1
Cranes 38.62 20.89
Oiler 29.07 20.89
Truck Crane Oiler 31.30 20.89
GROUP 2
Cranes 36.85 20.89
Oiler 28.80 20.89
Truck C_a -..e Oiler 31.08 20.89
GROUP 3
Cranes 35.37 20.89
Hydraulic 30.42 20.89
Oiler 28.58 20.89
Truck Crane Oiler 30.81 20.89
160
Rates Fringes
GROUP 4 33.35 20.89
GROUP 5 32.05 20.89
POWER EQUIPMENT OPERATOR
(Tunnel and Underground Work
AREA 1:)
SHAFTS, STOPES, RAISES:
GROUP 1 32.87 20.89
GROUP 1 -A 35.34 20.89
GRC::P 2 31.61 20.89
GROUP 3 30.28 20.89
GROUP 4 29.14 20.89
GROUP 5 28.00 20.89
UNDERGROUND:
GRC 1 32.77 20.89
GROUP 1 -A 35.24 20.89
GROUP 2 31.51 20.89
GROUP 3 30.18 20.89
GROUP 4 29.04 20.89
GROUP 5 27.90 20.89
FOOTNOTE: Work suspended by ropes or cables, or work on a
YO-Yo Cat: $.60 per hour additional.
POWER EQUIPMENT OPERATOR CLASSIFICATIONS
GROUP 1: Operator of helicopter (when used in erection work);
Hydraulic excavator, 7 cu. yds. and over; Power shovels,
over 7 cu. yds.
GROUP 2: Highline cableway; Hydraulic excavator, 3 -1/2 cu.
yds. up to 7 cu. yds.; Licensed construction work boat
operator, on site; Power blade operator (finish); Power
shovels, over 1 cu. yd. up to and including 7 cu. yds.
m.r.c.
GROUP 3: Asphalt milling machine; Cable backhoe; Combination
.backhoe and loader over 3/4 cu. yds.; Continuous flight tie
back machine assistant to engineer or mechanic; Crane
mounted continuous flight tie back machine, tonnage to
apply; Crane mounted drill attacment, tonnage to apply;
Dozer, slope brd; Gradall; Hydraulic excavator, up to 3 1/2
cu. yds.; Loader 4 cu. yds. and over; Long reach excavator;
Multiple engine scraper (when used as push pull); Power
shovels, up to and including 1 cu. yd.; Pre stress wire
wrapping machine; Side boom cat, 572 or larger; Track
loader 4 cu. yds. and over; Wheel excavator (up to and
including 750 cu. yds. per hour)
GROUP 4: Asphalt plant engineer /box person; Chicago boom;
Combination backhoe and loader up to and including 3/4 cu.
yd.; Concrete batch plant (wet or dry); Dozer and /or push
cat; Pull- type elevating loader; Gradesetter, grade
checker (GPS, mechanical or otherwise); Grooving and
grinding machine; Heading shield operator; Heavy -duty
drilling equipment, LDH, Watson 3 or si--._lar;
Heavy -duty repairperson and/or welder; Lime spreader;
Loader .finder 4.cu. yds.; Lubrication and service engineer
(mobile and grease rack); Mechanical finishers or spreader
machine (asphalt, Barber Greene and similar); Miller
Formless M -9000 slope paver or similar; Portable crushing
and screening plants; Power blade support; Roller operator,
asphalt; Rubber -tired scraper, self loading (paddle wheels,
etc.); Rubber- tired earthmoving equipment (scrapers); Slip
161
form paver (concrete); Small tractor with drag; Soil
stabilizer (P H or equal); Spider plow and spider. puller;
Tubex pile rig; Unlicensed constuction work boat operator,
on site; ,umber skidder; Track loader up to 4 yds.;
Tractor -drawn scraper; Tractor, compressor drill
combination; Welder; Woods -Mixer (and other similar Pugmill
equipment)
GROUP 5: Cast -in -place pipe laying machine; Combination
slasher and motor operator; Concrete conveyor or concrete
pemp, truck or equipment mounted;-Concrete conveyor,
b:ui_ ding site; Concrete.pemp or p;mperete gun; Drilling
equipment, Watson 2CCC, Texo;a or Similar; Drilling and
bcri ^gig machinery, horizontal (not to apply to waterliners,
a:;on drills or jackhammers); Concrete mixer /all; Person
and /or material hoist; Mechanical finishers (concrete)
(Clary, Johnson,. Bidwell Bridge Deck or similar types);
Mechanical burm, curb and /or curb and gutter machine,
concrete or asphalt); Mine or shaft hoist; Portable
crusher; Power jumbo operator (setting slip- forms, etc., in
t._gne.ls); Screed (automatic or manual); Self propelled
compactor with dozer; Tractor with boom D6 or smaller;
Trenching machine, maximum digging capacity over 5 ft.
depth; Vermeer T -600B rock cutter or similar
GROUP 6: Plane Coater (or similar); Ballast jack tamper;
Boom- type backfilling machine; Assistant plant engineer;
Bridge and /or gantry crane; Chemical grouting machine,
truck mounted; Chip spreading machine operator; Concrete
saw (self propelled unit on streets, highways, airports and
canals); Deck engineer; Drilling equipment Texoma 600,
Hughes 200 Series or similar up to and including 30 ft.
m,.r.c.; Drill doctor; Helicopter radio operator;
Hydro -hammer or similar; Line master; Skidsteer loader,
Bobcat larger than 743 series or similar (with
attachments); Locomotive; Lull hi -lift or similar; Oiler,
truck mounted equipment;' Pavement breaker, truck mounted,
with compressor combination; Paving fabric installation
ad /or laying machine; Pipe bending machine (pipelines
only); Pipe wrapping machine (tractor propelled and
supported); Screed (except asphaltic concrete paving);
Self propelled pipeline wrapping machine; Soils
materials tester; Tractor; Self loading chipper; Concrete
barrier moving machine
GROUP 7: Ballast regulator; Boom truck. or dual purpose
A -frame truck, non rotating under 15 tons; Truck mounted
rotating telescopic boor:: type lifting device, Manitex or
similar (bocm truck under 15 tons; Cary lift or similar;
Combination slurry mixer and /or cleaner; Drilling
equipment, 20 ft, and eider m.r.c.; Firetender (hot plant);
Grouting machine operator; Higtliine cableway si- gnalperson;
Stationary belt loader (Kolman or .similar); LiEt slab
machine (Vagtborg and 'similar types); ;(aging es internal
fuLi slab vibrator; Materiel hoist 0_ drum); Mechanical
trench shield; Pavene t breaker with or without compressor
combination); Pipe cleaning machine (tractor propelled and
supported; Post driver; Roller except asphalt); Chip
Seal; Self- propelled automatically applied concrete curing
mahcine (o-: streets, highways, airports and canals);
Self propelled compactor (without dozer); Signalperson;
Slip -form pumps (lifting device for concrete forms); Tie
spacer; Tower mobile; Trenching machine, max:. ^cz: digging
162
163
capacity up to and including 5 ft. depth; Truck- type loader
GROUP 8: Bit sharpener; Boiler tender; Box operator;
Brakeperson; Combination mixer and,compressor
(shotcrete /gunite); Compressor operator; Deckhand; Fire
tender; Forklift (under 20 ft.); Generator;
Gunite /shotcrete equipment operator; Hydraulic monitor; Ken
seal machine (or similar); Mixermobiie; Oiler; Pump
operator; Refrigeration plant; Reservoir debris tug (self-
propelled floating); Ross Carrier (construction site);
Rotcmist operator; Self- propelled tape machine; Shuttlecar;
Self- propelled power sweeper operator (includes vacuum
sweeper); Slusher operator; Surface heater; Switchperson;
Tar pot fire:eider; Tugger hoist, single drum; Vacuum
cooling plant; Welding machine (powered other than by
electricity)
GROUP 8 -A: Elevator operator; Skidsteer loader Bobcat 743
series or smaller, and similar (without attachments); Mini
excavator under 25 H.P. (backhoe trencher); Tub grinder
wood chipper
ALL CRANES AND ATTACHMF TS
GROUP 1: Clamshell and dragline over 7 cu. yds.; Crane, over
100 tons; Derrick, over 100 tons; Derrick barge
pedestal- mounted, over 100 tons; Self propelled boom -type
lifting device, over 100 tons
GROUP 2: Clamshell and dragline over 1 cu. yd. up to and
including 7 cu. yds.; Crane, over 45 tons up to and
including 100 tons; Derrick barge, 100 tons and under;
Self- propelled boom -type lifting device, over 45 tons;
Tower crane
GROUP 3: Clamshell and dragline up to and including 1 cu.
yd.; Cranes 45 tons and under; Self propelled boom -type
lifting device 45 tons and under; Boom Truck or dual
purpose A -frame truck, non rotating over 15 tons';
Truck mounted rotating telescopic boom type lifting device,
Manitex or similar (boom truck) over 15 tons;
PILEDRIVERS
GROUP 1: Derrick barge pedestal mounted over 100 tons;
Clamshell over 7 cu. yds.; Self propelled boom -type lifting
device over 100 tons; Truck crane or crawler, land or barge
mounted over 100 tons
GROUP 2: Derrick barge pedestal mounted 45 tons to and
including 100 tons; Clamshell up to any' including 7 cu.
yds.; Self propelled boom -type lifting device over 45 tons;
Truck crane or crawler, land or barge mounted, over 45 tons
up to and including 100 tons; Fundex F -12 hydraulic pile rig
GROUP 3: Derrick barge pedestal mounted under 45 tons; Self
propelled boom -type lifting device 45 tons and under;
Skid /scow piledriver, any tonnage; Truck crane or crawler,
land or barge mounted 45 tons and under
GROUP 4: Assistant operator in lieu of assistant to engineer;
Forklift, 1.: ions and over; Heavy -duty repairperson /welder
GROII? 5: Deck engineer
GROU? 6: De:..__and; Fire tender
164
STEEL ERECTORS
GROUP 1: Crane over 100 tc ^s; Derrick over 1 0 tons; Self
propelled boom type lifting device over 100 tons
GROUP 2: Crane over 45 tons to 100 tons; Derrick under
tons; Self propelled boom -type lifting device over 45 tons
to 100 tons; Tower crane
GROUP 3: Crane, 45 tons and under; Self propelled boom -type
.ifting device, 45 tons and under
GROUP 4: Chicago boom; Forklift, 10 tons and over; Heavy -duty
repair person /welder
GROUP 5: Boom cat
TUNNEL AND UNDERGROUND WORK
GROUP 1 -A: Tunnel bore machine operator, 20' diameter or more
GROUP 1: Heading shield operator; Heavy -duty repairperson;
Mucking machine (rubber tired, rail or track type); Raised
bore operator (ou'.nels) Tunnel mole bore operator
GROUP 2: Combination slusher and motor operator; Concrete
pump or pumperete gun; Power ::bo operator
GROUP 3: Drill doctor; Mine or shaft hoist
GROUP 4: Combination slurry mixer cleaner; Grouting Machine
operator; Motorman
GROUP 5: Bit Sharpener; Brakeman; Combination mixer and
compressor (gunite); Compressor operator; Oiler; P=p
operator; Slusher operator
AREA DESCRIPTIONS:
POWER EQ'." P. "IE.N CPERA7DSS, CRANES AND ATTACHMENTS, TUNNEL F072
UNDERGR D (These areas do not apply to Piledrivers and
Steel Erectors)
AREA 1: ALAMECA, BUTTE, CONTRA COSTA, KINGS, MARIN, MERCED,
NAPA, SACRAMENTO, SAN BENITO, SAN FRANCISCO, SAN JOAQ`3IN,
SAN MATEO, SANTA CLARA, SANT=. CRUZ, SOLANO, STANISLAr S,
SUTTER, YOLO, AND YUBA COUNTIES
AREA 2 MODOC COUNTY
THE REMAINING COs' =IES ARE SPLIT BE WF, AREA 1 AND AREA 2 AS
NOTED BELOW:
ALPINE COUNTY:
Area 1: Northernmost part
Area 2: Remainder
CALAVERAS COUNTY:
Area 1: Except Eastern part
Area 2: Eastern part
COLUSA COUNTY:
Area 1: Eastern part
Area 2: Remainder
DEL NORTE CO
Area 1: Extreme Southwestern corner
Area 2: Remainder
ELDORADO COUNTY:
Area 1.: North Central part
Area 2: Remainder
FRESNO COUNTY
Area 1: Except Eastern part
Area 2: Eastern part
GLENN COUNTY:
Area 1: Eastern part
Area 2: Remainder
HUMBOLDT COUNTY:
Area 1: Except Eastern and Southwestern parts
Area 2: Remainder
LAKE COUNTY:
Area 1: Southern part
Area 2: Remainder
LASSEN COUNTY:
Area 1: Western part along the Southern portion of border
with Shasta County
Area 2: Remainder
MADERA COUNTY
Area 1: Remainder
Area 2: Eastern part
MARIPOSA COUNTY
Area 1: Remainder
Area 2: Eastern part
MENDCCT O COUNTY:
Area 1: Central and Southeastern parts
Area 2: Remainder
MONTEREY COUNTY
Area 1: Remainder
Area 2: Southwestern part
NEVADA COUNTY:
165
Area 1: All but the Northern portion along the border of
Sierra Cou:.;y
Area 2: Remainder
PLACER CC_`_•:,Y:
Area 1: but the Central portion
Area 2: Remainder
PLUMAS COUNTY:
Area 1: Western portion
Area 2: Remainder
SHASTA C,, :TY:
Area 1: All but the Northeastern corner
Area 2: Remainder
SIERRA CO`'YTY:
Area 1: Western part
Area 2: Remainder
SISKIYOU CO "NTY:
Area 1: Centrai part
Area 2: Remainder
SONOMA CO';NTY
Area 1: All but the Northwestern corner
Area 2: Reaminder
TEHAMA COUNTY:
Area 1: All but the Western border with mendocino Trinity
Counties
Area 2: Remainder
TRINITY COUNTY:
Area 1: East Central part and the Northeaster border with
Shasta County
Area 2: Remainder
TULARE COU_Eii'Y
Area 1: Remainder
Area 2: Eastern part
TUC_ NNE CO:;YTY:
Area 1: Remainder
Area 2: Eastern Part
ENG :7.003 -019 06/30/2008
SEE AREA DESCR: ?:IONS BELOW
Rates Fringes
POWER EQUIPMENT OPERATOR
(LANDSCAPE WORK ONLY)
GROUP 1
AREA 1 28.11 20.26
AREA 2 30.11 20.26
GROUP 2
AREA 1 24.51 20.26
AREA 2 26.51 20.26
GROUP 3
AREA 1 19.90 20.26
AREA 2 21.90 20.26
166
GROUP DESCRIPTIONS:
GROUP 1: Landscape Finish Grade Operator: A._1 finish grade
work regardless of equipment used, and all equipment with a
rating more than 65 HP.
GROUP 2: Landscape Operator up to 65 HP: All equipment with
a manufacturer's rating of 65 HP or less except equipment
covered by Group 1 or Group 3. The following equipment
shall be included except -.:hen used for finish work as long
as manufacturer's rating is 65 HP or less: A -Frame and
Winch Truck, Backhoe, Forklift, Hydragraphic Seeder
Machine, Roller, Rubber-Tired and Track Earthmoving
Equipment, Skiploader, Straw Blowers, and Trencher 31 HP up
to 65 HP.
GROUP 3: Landscae Utility Operator: Small Rubber -Tired
Tractor, Trencher Under 31 HP.
AREA DESCRIPTIONS:
AREA 1: ALAMEDA, BUTTE, CONTRA COSTA, KINGS, MARIN, MERCED,
NAPA, SACRAMENTO, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN,
SAN MATEO; SANTA CLARA, SANTA CRUZ, SOLANO, STANISLAUS,
SUTTER, YOLO, AND YUBA COUNTIES
AREA 2 MODOC COUNTY
THE REMAINING COUNTIES ARE SPLIT BETWEEN AREA 1 AND AREA 2 AS
NOTED BELOW:
ALPINE COUNTY:
Area 1: Northernmost part
Area 2: Remainder
CALAVERAS COUNTY:
Area 1: Except Eastern part
Area 2: Eastern part
COLUSA COUNTY:
Area 1: Eastern part
Area 2: Remainder
DEL NORTE COUNTY:
Area 1: Extreme Southwestern corner
Area 2: Remainder
ELDORADO COUNTY:
Area 1: North Central part
Area 2: Remainder
FRESNO COUNTY
Area 1: Except Eastern part
Area 2: Eastern part
GLENN COUNTY:
Area 1: Eastern part
Area 2: Remainder
HUMBOLDT COUNTY:
Area 1: Except Eastern and Southwestern parts
Area 2: Remainder
167
LAKE COUNTY:
Area 1: Southern part
Area 2: Remainder
LASS N CC;;.: Y
Area 1: Western part along the Southern portion of border
with Shasta County
Area 2: Remainder
MADERA CC:;::'Y
Area 1: Relainder
Area 2: Eastern part
MARIPOSA COC';=Y
Area 1: Remainder
Area 2: Eastern part
MENDOCINO COUNTY:
Area 1: Central and Southeastern parts
Area 2: Remainder
MONTEREY COUNTY
Area 1: Remainder
Area 2: Southwestern part
NEVADA COUNTY:
Area 1: All but the Northern portion along the border of
Sierra County
Area 2: Remainder
PLACER COUNTY:
Area 1: All but the Central portion
Area 2: Remainder
PLUMAS COUNTY:
Area 1: Western portion
Area 2: Remainder
SHASTA COUNTY:
Area 1: All but the Northeastern corner
Area 2: Remainder
SIERRA COUNTY:
Area 1: Western part
Area 2: Remainder
SISKIYOU
Area 1: Central part
Area 2: Remajnder
SONOMA COUNTY:
Area 1: All but the Northwestern corner
Area 2: Reaminder
TEHAMA COUNTY:
Area 1: All but the Western border with mendocino Trinity
Co1r_ties
Area 2: Remainder
TRINITY COUNTY:
Area 1: East Central part and the Northeaster border with
Shasta County
168
Area 2: Remainder
TULARE COUNTY;
Area 1: Remainder
Area 2: Eastern part
TUOLUMNE COUNTY:
Area 1: Remainder
Area 2: Eastern Part
IRON: :.:,2 -004 07/01/2009
Rates Fringes
Ironworkers:
Fence Erector 26.58 15.24
Ornataefttal, R2inforeing
and Structural 33.00 23.17
PR=,: -:M PAY:
$6.00 additional per hour at the following locations:
China Lake Naval Test Station, Chocolate Mountains Naval
Reserve- Niland,
Edwards AFB, Fort Irwin Military Station, E'ort Irwin Training
Center- Goldstone, San Clemente Island, San Nicholas Island,
Susanville Federal Prison, 29 Palms Marine Corps, U.S. Marine
Base Barstow, U.S. Naval Air Facility Seeley, Vandenberg AFB
$4.00 additional per hour at the following locations:
Army Defense Language Institute Monterey, Fallon Air Base,
Naval Post Graduate School Monterey, Yermo Marine Corps
Logistics Center
$2.00 additional per hour at the following locations:
Port Hueneme, Port Mugu, U.S. Coast Guard Station Two Rock
LABO0036 -001 07/01/2007
SAN FRANCISCO AND SAN MATEO COUNTIES:
Rates
MASON TENDER, BRICK 26.93
LABO0036 -002
SAN FRANCISCO AND SAN MATEO CCU::T_ES:
Rates
PLASTER TENDER 26.48
Fringes
16.50
FOOTNOTES: Underground work such as sewers, manholes, catch
basins, sewer pipes, telephone conduits, tunnels and cut
trenches: $5. 1 per day additional. Work in live sewage:
$2.50 per day additional.
Fringes
16.23
FOOTNOTES: Work on a suspended scaffold: $5.00 per day
169
additional. Work operating a plaster mixer pump gun: $1.00
per hour additional.
LAB00067 -002 12r21/2008
AREA "A" ALAMEDA, CONTRA COSTA, MARIN, SAN FRANCISCO, SAN
MATEO AND SANTA CLARA COUNTIES
AREA "B" ALPINE, AMADOR, BUTTE, CALAVERAS, COLUSA,_ DEL
NORTE, EL DORADO, FRESNO, GLENN, HUi.IROLDT, KINGS, LAKE, LASSEN,
MADERA, ,MARIPOSA, MENDOCINO, PIERCED, MODOC, MONTEREY, NAPA,
NEVADA, PLACER, PLUNAS, SACR." 1'O, SAN BENITO, SAN JOAQUIN,
SANTA CRUZ, SHASTA, SIERRA, SISKLYOU, SOLANO, SONOMA,
STANISLA'JS, SUTTER, TEHAMA TRINITY, TULARE, TUOLUMNE, YOLO AND
YUBA COJN`IIES
Rates Fringes
Asbestos Removal Laborer
Areas A B 18.08 6.60
LABORER (Lead Removal)
Area A 34.15 6.11
Area B 33.15 6.11
ASBESTOS REMOVAL -SCOPE OF WORK: Site mobilization; initial
site clean-up; 'site preparation; removal of
asbestos containing materials from walls and ceilings; or
from pipes, boilers and mechanical systems only if they are
being scrapped; encapsulation, enclosure and disposal of
asbestos containing materials by hand or with equipment or
machinery; scaffolding; fabrication of temporary wooden
barriers; and assembly of decontamination stations.
LAB00067 -003 07/01/2008
AREA A: ALAMEDA, CONTRA COSTA, MARIN, SAN FRANCISCO, SAN MATEO
SANTA CLARA
AREA B: ALPINE, AMADOR, BUTTE, CALAVERAS, COLUSA, 3E= NORTE,
EL DORADO, FRESNO, GLENN, HUMBOLDT, KINGS, LAKE, LASSEN,
MADERA, MMARIPOSA, MENOCINO, MERC'ED, MODOC, MONTEREY, NAPA,
NEVADA, PLACER, PUMAS, SANCRM 0, SAN BENITO, SAN JOAQUIN,
SANTA CRUZ, SIERRA, SHASTA, SLSKIYOU, SOLANO, SONOMA,
STANISLAUS,T_ AMA.,TRtNITY, T;34ARE, TUOLUMNE, YOLO YUBA
COUNTIES
LABORER (TRAFFIC CONTROL /LANE
CLOSURE)
Escort Driver, Flag Person
Area A 25.89 14.13
Area B 24.89 14.13
Traffic Control Person I
Area A 26.19 14.13
Area B 25.19 14.13
Traffic Control Person
Area A 23.69 14.13
Area B 22.69 14.13
170
Rates Fringes
TRAFFIC CCdTROL PERSON I: Layout of traffic control, crash
cushions, construction area and roadside signage.
TRAFFIC CONTROL PERSON II: Installation and removal of
temporary /permanent signs, markers, delineators and crash
cushions.
LAB00067 -006 06/30/200
AREA "A" ALAY1EDA, CONTRA COSTA, htARIN, SAN FRANCISCO, SAN
MATEO A_ND SANTA CLARA COUi T_ES
AREA "B" ALPINE, M DOR, 31,_ -E, CALAVERAS, COLUSA, EL
DORADO, FRESNO, GLENN, KINGS, LASSEN, MADERA, MARIPOSA, Y.ERCED,
MODOC, MONTEREY, NAPA, NEVADA, PLACER, ?_::::AS,. SACRAMENTO, SAN
BENITO, SAN JOAQUIN, SANTA CRUZ, S-AST_A, S =ERRA, SISKIYOU,
SOLANO, SONOMA, STANIS -AJS, S_-TER, TEXA.NA, TRINITY, T_ =RE,
TUO=NE, YOLO AND YUBA CC;::T=ES
Rates Fringes
Laborers: (CONSTRUCTION CRAFT
LABORERS AREA A
Construction Specialist
Group 26.84 14.13
GROUP 1 26.14 14.13
GROUP 1 -a 26.36 14.13
GROUP 1 -c 26.19 14.13
GROUP 1 -e 26.69 14.13
GROUP 1 -f 26.72 14.13
GROUP 1 -g (Contra Costa
County) 26.34 14.13
GROUP 2 25.99 14.13
GROUP 3 25.89 14.13
GROUP 4 19.58 14.13
See groups 1 -b and 1 -d under laborer classifications.
Laborers: (CONSTRUCTION CRAFT
LABORERS AREA B:)
Construction Specialist
Group 25.84 14.13
GROUP 1 25.14 14.13
GROUP 1 -a. 25.36 14.13
GROUP 1 -c 25.19 14.13
GROUP 1 -e 25.69 14.13
GROUP 1 -f 25.72 14.13
GROUP 2 24.99 14.13
GROUP 3 24.89 14.13
GROUP 4 18.58 14.13
See groups 1 -b and 1 -d under laborer classifications.
Laborers: (G:;NITE AREA A:)
GROUP 1 27.10 14.13
GROUP 2 26.60 14.13
GROUP 3 26.01 14.13
GROUP 4 25.89 14.13
Laborers: U,3UNITE AREA B.:)
GROUP 1 26.10 14.13
GROUP 2 25.60 14.13
GROUP 3 25.01 14.13
GROUP 4 24.89 14.13
Laborers: (WRECKING AREA A:)
GROUP 1 26.14 14.13
GROUP 2 25.99 14.13
Laborers: (WRECKING AREA B:)
GROUP 1 25.14 14.13
GROUP 2 24.99 14.13
Landscape Laborer (GARDENERS,
171
HORTICULTURAL LANDSCAPE
LABORERS AREA A:)
(1) New Construction 25.89 14.13
(2) Establishment Warranty
Period 19.58 14.13
Landscape Laborer (GARDENERS,
HORTIC=ZAL L::2:JSCAPE
LABORERS AREA B:)
(1) New Construction 24.89 14.13
(2) Establishment Warranty
Period 18.58 12.33
FOOTNOTES:
Laborers working off or with or from bos'n chairs, swinging
scaffolds, belts shall receive $0.25 per hour above the
applicable wage rate. This shall no: apply to workers
entitled to receive the wage rate set forth in Group 1 -a
below.
LABORER CLASSIFICATIONS
GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker
and similar type tampers; Buggymobile; Caulker, bander,
pipewrapper, conduit layer, plastic pipelayer; Certified
hazardous waste worker including Leade Abatement;
Compactors of all types; Concrete and magnesite mixer, 1/2
yd. and under; Concrete pan work; Concrete sander; Concrete
saw; Cribber and /or shoring; Cut granite curb setter;
Dri- pak -it machine; Faller, logloader and bucker; Form
raiser, slip forms; Green cutter; Headerboard, Hubsetter,
aligner, by any method; High pressure blow pipe (1 -1/2" or
over, 100 lbs. pressure /over); Hydro seeder and similar
type; Jackhammer operator; Jacking of pipe over 12 inches;
Jackson and similar type compactor; Kettle tender, pot and
worker applying asphalt, lay-kold, creosote, lime, caustic
and similar type materials (applying means apply_ g,
dipping or handling of such materials); Lagging, sheeting,
whaling, bracing, trenchjacking, lagging hammer; Magnesite,
•epoxyresin, fiberglass, mastic worker Net or dry); No
joint pipe and stripping of same, including repair of
voids; Pavement breaker and spader, including tool grinder;
Perma curb; Pipelayer ;inc :.n:, grade checking in
connection with pipelaying); Precast- manhole setter;
Pressure pipe tester; Post hole digger, air, gas and
electric; Power broom sweeper; Power tampers of all types
(except as shown in Group 2) Ram set can and stud u.;
Riprap stonepaver and rock -sli g r, includihg. placing of
sacked concrete and /or sand (wet or dry) and gabions and
similar type; Rotary scarifier or multiple head concrete
chipping scarifier; Roto and Ditch Witch; Rototiller;
Sandblaster, pot, gun, nozzle operators; Signalling and
rigging; Tank cleaner; Tree climber; Turbo blaster;
Vibrascreed, bull float in connection with laborers' work;
172
CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker;
Chainsaw; Laser beam in connection with laborers' work;
Cast -in- place manhole form setter; Pressure pipelayer;
Davis trencher 300 or similar type (and all small
trenchers); Blaster; Diamond driller; Multiple unit drill;
Hydraulic driii
Vibrator; Hazardous waste worker (lead removal); Asbestos
and mold removal worker
GROUP 1 -a: Joy drill model UM-2A; Gardner- Denver model I2H143
and similar type drills; Track driller; Jack leg driller;
Wagon driller; Mechanical drillers; all types regardless of
type or method of power; Mechanical pipe layers, all types
regardless of type or method of power; Blaster and powder;
All work of loading, placing and blasting of all powder and
explosives of whatever type regardless of method used for
such loading and placing; High scalers (including drilling
of same); Tree topper; Bit grinder
GROUP 1 -b: Sewer cleaners shall receive $4.00 per day above
Group 1 wage rates. "Sewer cleaner" means any worker who
handles or comes in contact with raw sewage in small
diameter sewers. Those who work inside recently active,
large diameter sewers, and all recently active sewer
manholes shal receive $5.00 per day above Group 1 wage
rates.
GROUP 1 -c: Burning and welding in connection with laborers'
work; Synthetic thermoplastics and si.^iiar type welding
GROUP 1 -d: Maintenance and repair track and road beds. All
employees performing work covered herein shall receive
.25 per hour above their regular rate for all work
performed on underground structures not specifically
covered herein. This paragraph shall not be construed to
apply to work below ground level in open cut. It shall
apply to cut and cover work of subway construction after
the temporary cover has been placed.
GROUP 1 -e: Work on and /or in bell hole footings and shafts
thereof, and work on and in deep footings. (A deep footing
is a hole 15 feet or more in depth.) In the event the
depth of the footing is unknown at the commencement of
excavation, and the final depth exceeds 15 feet, the deep
footing wage rate would apply to all employees for each and
every day worked on or in the excavation of the footing
from the date of inception.
GROUP 1 -f: Wire winding machine in connection with guniting
or shot crete
GROUP 1 -g, CONTRA COSTA COUNTY: Pipelayer (including grade
checking in connection with pipelaying); Caulker; Bander;
Pipewrapper; Conduit layer; Plastic pipe layer; Pressure
pipe tester; No joint pipe and stripping of same, including
repair of voids; Precast manhole setters, cast in place
manhole form setters
GROUP 2: Asphalt sh:.- Cement dumper and handling dry
cement or gypsum.; Choke setter and rigger (clearing work);
Concrete bucket dumper and chute; Concrete chipping and
grinding; Concrete laborer (wet or dry); Driller tender,
chuck tender, nipper; Guinea chaser (stake), grout crew;
High pressure nozzle, adductor; Hydraulic monitor (over 100
lbs. pressure); Loading and unloading, carrying and hauling
of all rods and materials for use in reinforcing concrete
construction; Pittsburgh chipper and similar type brush
shredders; Sloper; Single foot, hand -held, pneumatic
tamper; All pneumatic, air, gas and electric tools not
173
GROUP 4: Final clean -up work of debris, grounds and building
including but not limited street cleaner; cleaning and
washing windows; brick clea'er (jobsite only); material
cleaner (jobsite only). The classification "material
cleaner" is to be utilized rider the following conditions:
A: at demolition site for the salvage of the material.
B: at the conclusion of a job where the material is to be
salvaged and stocked to be reused on another job.
C: for the cleaning of salvage material at the jobsite or
temporary jobsite yard.
GUNITE LABORER CLASSIFICATIONS
GROUP 1: Structural Nozzleman
GROUP 2: Nozzleman, Gunman, Potman, Groundman.
GROUP 3: Reboundman
GROUP 4: Gunite laborer
WRECKING WORK LABORER CLASSIFICATIONS
LAB00067 -0 06/29/2009
and Shaft Laborers:
GROUP 1 33.35 14.93
GROUP 2 33.12 _4.93
GROUP 3 32.87 1=.93
GROUP 4 32.42 14.93
GROUP 5 31. 8 14.93
Shotcrete Specialist 33.87 14.93
i';NYEL AND SHAFT CLASSIFICATIONS
174
listed in Groups 1 through 1 -f; Jacking of pipe under 12
inches
GROUP 3: Construction laborers, including bridge and general
laborer; Dump, load spotter; Flag person; Fire watcher;
Fence erector; Guardrail erector; Gardener, horticultural
and landscape laborer; Jetting; Limber, brush loader and
piler; Pavement marker (bu::on setter); Maintenance, repair
track and road beds; Streetcar and railroad construction
track laborer; Temporary air and water lines, Victaulic or
similar; Tool room attendant (jobsite only)
The material cleaner classification should not be used in
the'performance of "form stripping, cleaning and oiling
and moving to'the next point of erection
GROUP 1: Skilled wrecker (removing and salvaging of sash,
windows and materials)
GROUP 2: Seri skilled wrecker (salvaging of other building
materials)
Rates Fringes
GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete
nozzlemen
GROUP 2: Rodmen; Shaft work raise (below actual or
excavated ground level)
GROUP 3: Bit grinder; Blaster, driller, powdermen, heading;
Cherry pickermen where car is lifted; Concrete finisher
in tunnel; Concrete screedman; Grout pumprar_ and potman;
Gunite shotcrete gunman potman; Headermen; high
pressure nozzleman; Miner tunnel, including top and
bottom an on shaft and raise work; Nipper; Nozzleman on
slick line; Sandblaster potman, Robotic Shotcrete Placer,
Segment Erector, Tunnel Muck Hauler, Steel Form raiser and
setter; Timberman, reti- berman (wood or steel or substitute
materials therefore); Tugger (for tunnel laborer work);
Cable tender; Chuck tender; Powderman primer house
GROUP 4: Vibrator operator, pavement breaker; Bull gang
muckers, trackmen; Concrete crew includes rodding and
spreading, Dumpmen (any method)
GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman
LAB00073 -003 07/01/2009
CALAVERAS, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN,
STANISLAUS AND TUOLUMNE COUNTIES:
Rates Fringes
LABORER
Mason Tender -Brick 27.03 14.93
LA800073 -005 07/01/2009
CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN
JOAQUIN, STANISLAUS TUOLUMNE
Plasterer tender 28.37 14.14
LAB00166 -001 07/01/2006
ALAMEDA AND CONTRA COSTA COUNTIES:
Brick Tender 25.91 14.65
FOOTNOTES: Work on jobs where heat- protective clothing is
required: $2.72 per hour additional. Work at grinders: $.25
per 'no= additional. Manhole work: $2.00 per day additional.
LAB00166 -002 07/01/2006
ALAMEDP. AND CONTRA COSTA COUNTIES:
Rates Fringes
Rates Fringes
Rates Fringes
Plasterer tender 30.15 15.90
175
Gun Man $0.75 per hour additional
LABO0270 -001 07/01/2008
SA 'N::: CLARA SANTA CRUZ COUNTIES
MASON TENDER, BRICK
Sara Clara 27.93
Sa:.ta Cruz 26.93
FOOTNOTE: $2.00 per hour for refectory work where
heat protective clothing is required.
LAB00270 -005 07/01/2007
SANTA CLARA AND SANTA CRUZ COUNTIES
PLASTER TENDER
4 Stories and under 27.62
5 Stories and above 29.54,.
LAB00294 -001 07/01/2009
FRESNO, KINGS AND MADERA COUNTIES
LAB00297 -001 08/01/2007
MONTEREY AND SAN BENITO COUNTIES
PA= :6 01/01/2009
HIGH WORK:
176
Rates Fringes
13.48
13.48
Rates Fringes
13.73
13.73
Rates Fringes
LABORER (Brick)
Mason Tender -Brick 27.03 14.93
Rates. Fringes
Plasterer tender 23.70 11.50
FOOTNOTE: Mixer person: $4.00 per day additional.
ALAMEC CONTRA COSTA, NON EREY, SAN SEX: T0, S ::ATEO, SANTA
CLARA, AND S :TA CR3Z COUNTIES
Rates Fri .yes
Painters. 33.80 15.32
PREMIUMS:
EXOTIC MATERIALS $0.75 additional per
SPRAY WORN: $3.50 a=!a-tional per __our.
INdC.i;STRIAL PAINT_ tG $C.25 additional per hour
(Work on Lodustrial buildings used for the manufact•:.re and
prccessin of goods for sale or service; steel cor.s tr.:c cn
(bridges), stacks, towers, tanks, and similar structures)
over 50 feet $2.00 per hour additional
100 to 180 feet $4.00 per hour additional
Over 180 feet $6.00 per houir additional
PAINC:.16 -003 08/01/2008
AREA 1: ALA'iEDA, CONTRA COSTA, SAN FRANCISCO, SAN MA EO SANTA
CLARA COUNTIES
AREA 2: CALAVERAS, KARI OA, MERCED, MONTEREY, SAN BENITO, SAN
JOAQUIN, SANTA CR:Z, STANISLAUS TUOLUMVE COUNTIES
Drywall Finisher /Taper
Area 1 38.96
Area 2 34.83
PAIN`O016 -012 01/01/2009
ALAS DA, CONTRA COSTA, MARIPOSA, MERCED/ MONTEREY, SAN BENITO,
SAN FRANCISCO, SAN NA EO, SANTA CLARA AND SANTA CRUZ COUNTIES
Rates Fringes
SOFT FLOOR LAYER 41.16 14.57
PAIN0016 015 01/01/2009
Rates Fringes
14.88
13.48
CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS TUOLUMNE
COUNTIES
PAINTER
Brush 30.07 11.86
FOOTNOTES:
SPRAY /SANDBLAST: $0.50 additional per hour.
EXOTIC MATERIALS: $1.00 additional per hour.
HIGH TIME: Over 50 ft above ground or water level $2.00
additional per hour. 100 to 180 ft above gro::nd or water
level 54.00 additional per hour. Over 180 ft above ground
or water level $6.00 additional per hour.
PAIN0016 -022 01/01/2009
SAN FRANCISCO COUNTY
PAINTER 37.42 15.32
PAIN0169 31/14/209
FRESNO, KINGS, N_A21RA, MARIPOSA AND MERCED COUNTIES:
Rates Fringes
GLAZIER 29.68 14.10
PAIN0169 -005 01/01/2 Y9
177
Rates Fringes
Rates Fringes
ALAaEDA CONTRA COSTA, MONTEREY, SAM BEN.I°TO, SAN FRANCISCO, SAN
MATEO, SANTA CLARA SANTA CRUZ COUNTIES
Rates Fringes
GLAZIER 39.31 17.11
PA:i0294 -004 01/01/2009
FRESNO, KINGS AND A;ADLRA COQ TIES
PAINTER
Brush, Roller 25.71
Drywall Finisher /Taper 29.26
PA2NO29'4 -005 01/01/2009
FRESNO, KINGS MADERA
PA NIL76 -03_ 07/01/2033
HIGHWAY I ^iPR0 VE wNT
C_ASSIFICATIONS
Rates Fringes
11.28
11.78
FOOTNOTE:
Spray Painters Paperhangers revive $1.00 additional per
hour. Painters dcir.7 Drywall Patching receive $1.25
additional per r.o.:r. Lead Abaters Sandblasters receive
$1.50 additional per hour. High 71=e over 30 feet (does
not inc -.:Je work from a lift) $0.75 per hour additional_.
Rates Fringes
SOFT FLOOR LAYER 27.37 11.15
PAIN0767 -001 01/01/2009
CALAVERAS, SAN JOAQUIN, STA't S:AZS AND TUOLUMNE COUNTIES:
Rates Fringes
GLAZIER 33.28 15.70
PAID HOLIDAYS: New Year's Day, Martin Luther King, Jr. Day,
President's Day, Memorial Day, Independence Day, Labor Day,
Veteran's Day, Thanksgiving Day, and Christmas Day.
Employee rquired to wear a body harness shall receive $1.50
per hour above the basic ho::rly rate at any elevation.
Rates Fringes
Parking Lot Striping/Highway
Marking:
GROUP 1 28.11 13.12
GROU::P. 2 22.90 13.12
GROUP 3 22.18 13.12
GROUP 1: Striper: Lay3'_:t and application of painted traffic
stripes and marking; hot thermo plastic; tape, traffic
178
stripes and markings
GROUP 2: Gamecourt Playground Installer
GROUP 3: Protective Coating, Pavement Sealing
PA1N1237 -003 01/01/2009
CALAVERAS; SAN JOAQUIN COUNTIES; S' AND TUOLUMNE
CO:;-:TIES:
SOFT FLOOR LAYER 29.46 12.77
PLAS0066 -002 07/01/2007
ALAS EDA, CONTRA COSTA, SAN MATEO AND SAN FRANCISCO COUNTIES:
Rates Fringes
PLASTERER 33.16 18.62
PLAS0300 -001 07/01/2008
PLASTERER
AREA 224: San Benito,
Santa Clara, Santa Cruz 34.22 13.28
AREA 295: Calaveras San
Joaquin Couonties 32.82 14.50
AREA 337: Monterey County $ 31.01 13.13
AREA 429: Mariposa,
Merced, Stanislaus,
Tuolumne Counties 32.82 14.50
PLAS0300 -005 07/01/2006
Rates Fringes
CEMENT MASON /CONCRETE FINISHER...$ 25.88 15.03
PLUM0038 -001 07/01/2008
SAN FRANCISCO COU 1 Y
PLUMBER (Plumber,
Steamfitter, Refrigeration
?:ter)
Work wooden frame
structures 5 stories or
less excluding high -rise
cl:_ldings and commercial
work such as hospitals,
prisons, hotels and schools.$ 40.80
(2) All other work 51.00
PLU`: 2038 -005 07/01/2008
SAN FRANCISCO COUNTY
179
Rates Fringes
Rates Fringes
Rates Fringes
28.96
31.44
Landscape /Irrigation Fitter
(Underground /Utility Fitter) 40.80 22.60
0 62 -r+ ^1 01/01/2009
MONTEREY AND S_d•TA CRUZ COUNTIES
P_ UMBER STEAMFIT ER 39.00 17.93
Pia ^."3159 -001 07. 01 /20 J9
CONTRA COSTA COUNTY
Plumber and steamfitter
(1) Refrigeration 48.73
(2) All other work 49.62
t`;. 3246 -001 01/01/2009
FRESNO, KINGS MA_DERA COUNTIES
Rates Fringes
Rates Fringes
Rates Fringes
22.49
22.49
Rates Fringes
PLU BER STEAMFITTER 34.25 18.43
PLUMO246 -004 07/01/2006
FRESNO, MERCED SAN JOAQUIN COUNIES
Rates Fringes
PLOtT1BER (PIPE TRADESMAN) 13.00 7.30
PIPE TRADES SCOPE OF_ WORK:
Installation of corrugated metal piping for drainage, as well
as installation of corrugated metal piping for culverts in
connection with storm sewers and drains; Grouting, dry
packing and diapering of joints, holes or chases including
paving over joints, in piping; Temporary piping for dirt
work for building site preparation; Operating jack hammers,
pavement breakers, chipping guns, concrete saws and spades
to cut '.'-soles, chases and channels for piping systems;
Digging, grading, backfilling and ground preparation for
all types of pipe to all points of the jobsite; Ground
preparation including gro leveling, layout and planting
of shrubbery, trees and ground cover, Including watering,
mowing, edging, pruning and fertilizing, the breaking of
concrete, digging, backfilling and tamping for the
oreparatrn and completion of all work in cc with
lawn sprinkler and landscaping; Loading, unloading and
distributing materials at jobsite; Putting away materials
in storage bins in jobsite secure storage area; Demolition
of piping and fixtures for remodeling and additions;
Set up and tearing down work benches, ladders and job
shacks; Clean -up and sweeping of jobsite; Pipe wrapping and
waterproofing where tar or similar material is applied for
180
protection of buried piping; Flagman
P.I.U::J34 2 -001 :7/01/2008
ALAMEDA CC:;IRA COSTA COUNTIES
PIPER
CONTRA COSTA CO 43.26 24.90
PL__ BER, PIPEFiTTER,
STEAMEI -TER
ALAMEDA COCK -Y 45.96 24.90
PLUM0355 -004 0
Rates Fringes
ALAMEDA, CALAVERAS, CONTRA COSTA, FRESNO, KINGS, MADERA,
MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN .'!SAQ..TN, SAN MATEO,
SANTA CLARA, SANTA CRUZ, STANISLAUS, AND TUOLUMNE COJNTI£S:
Rates Fringes
Underground Utility Worker
/Landscape Fitter 27.35 6.85
PLUM0393 -001 07/01/2008
SAN BENITO AND SANTA CLARA COUNTIES
Rates Fringes
PLUMBER /PIPEFIT`1'ER 50.41 20.58
PLUM0442 -00 01/01/2009
CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS TUOLU_`LE
COUNTIES
PLUM::467 -001 C
SAN MATEO COUNTY
ROOF0027 -002 01/01/2009
FRESNO, ICINGS, AND MADERA COUNTIES
Rates Fringes
PLUMBER STEAMF =TTER S 34.50 17.93
Rates Fringes
Plumber /Pipefitter /Steamfitter...$ 51.75 18.96
Rates Fri~•ges
ROOFER 26.75 8.05
FOOTNOTE: Work with pitc' pitch base of pitch impregnated
products or any material containing coal tar pitch, on any
building old or new, where both asphalt and pitchers are
used in the application of a built -up roof or tear off:
$2.00 per hour additional.
181
R007:;40 -002 08/01/2006
SAN FRANCISCO SAN "iATRO CC \7TES:
ROOFER 30.23 10.19
ROOF0061 -001 08/01/2007
A :AtiEDA AND CONTRA COSTA COJ T:E.S:
Roofer 28.95 12.65
ROOFS 01 -004 08/01/2007
Rates Fringes
Rates -;ages
CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS AND
TUOLU NE COUNTIES:
Rates Fringes
ROOFER 21.16 12.:;0
ROOF0095 -002 08/01/2006
MONTEREY, SAN BENITO, SANTA CLARA, AND SANTA CRUZ COUNTIES:
Rates Fringes
ROOFER
Journeyman 31.73 9.89
Kettleman (2 kettles),
Bi= _r:.astic Enameler, Coal
Tar, Pitch Mastic 33.73 9.89
SFCA0483 -001 01/01/2009
ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO AND SANTA CLARA
COUNTIES:
SECA0669 -011 01/01/2009
SHEEO_N -0;'_. %/01/2008
AREA 2: MONTEREY SAN BENITO
182
Rates Fringes
SPRINKLER FT7TER (FIRE) 45.59 19.95
CALAVERAS, FRESNO, KINSS, MADERA, MARIPOSA, L:ERCFD, MONTEREY,
SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS AND TUO' UMN
COUNTIES:
Rates Fringes
SPRINKLER FITTER 32.15 16.05
AREA 1: ALAA:EDA, CONTRA COSTA, SAN FRANCISCO, SAN NA': O, SANTA
CLARA
AREA 3: SANTA CRUZ
SHEET .4 T L WORKER
AR =A 1:
Mechanical Contracts
under $200,000 43.32 22.90
All Other Work 47.73 23.17
AREA 2 36.49 3== =9.71
AREA 3 39.25 19.45
S:- 3EE0104 -015 07/01/2002
ALA EEA, CO's TRA •COSTA, MONTEREY, SAN EES -TO, SAN FRA_,;;=SCO, SAN
MATEO, SANTA CLARA AND SANTA CRUZ COUNTIES:
SHEE: €'lyi.FTAL WORKER (Metal
Decking and Siding only) 33.43 21.47
S1EE0162 001 08/01/2008
CALAVERAS AND SAN JOAQUIN COUNTIES:
SHEET METAL WORKER 30.32 17.42
SHEE0162 -003 07/01/2008
MARIPOSA, MERCED, STANISLAUS AND TUOL MNE COUNTIES:
Rates Fringes
SHEET METAL WORKER (Excluding
metal deck and siding) 32.72 18.68
SHEE0162 -004 07/01/2008
FRESNO, KINGS, AND MADERA CO;JNTIES:
SHEET METAL WORKER 33.07 19.58
S! EE0162 -013 07/01/2005
CALAVERAS, FRES O, KINGS, MADERA, MARIPOSA, MERCED, SAN
JOAQUIN, STANISLAUS AND TUO_U`•MNE COUNTIES:
Sheet metal worker (Metal
decking and siding only) 32.84 15.20
TEAM0094 -001 07/01/2009
Truck drivers:
183
Rates Fringes
Rates Fringes
Rates Fringes
Rates Fringes
Rates Fringes
Rates Fringes
GROUP 1 27.13 18.99
GROUP 2 27.43 18.99
GROUP 3 27.73 18.99
GROUP 4 28.08 18.99
GROUP 5 28.43 18.99
FOOTNOTES:
Articulated d:_ -:p truck; Bulk cement spreader (with or without
augerl; Dumperete truck; Skid truck (debris box); Dry
pre -batch concrete mix trucks; ':umpster or similar type;
S1'rry truck: Use dump truck yardage rate.
Heater planes; Asphalt burner; Scarifier burner; Industrial
lift truck (mechanical tailgate); Uti_. ty'and clean -up
truck: Use appropriate rate for the power unit or the
equipment utilized.
TRUCK DRIVER CLASSIFICATIONS
GROUP 1: Dump trucks, under 6 yds.; Single unit flat rack (2-
axle unit); Nipper truck (when flat rack truck is used
appropriate flat rack shawl apply); Concrete pump truck
(when flat rack truck is used appropriate flat rack shall
apply); Concrete pump machine; Fork :_ft and lift jitneys;
Fuel and /or grease truck driver or fuel person; Snow buggy;
Steam cleaning; Bus or personhaul driver; Escort or pilot
car driver; Pickup truck; Teamster oiler /greaser and /or
serviceperson; Hook tender (including loading and
unloading); Team driver; Tool room attendant (refineries)
GROUP 2: Dump trucks, 6 yds. and under 8 yds.; Transit
mixers, c rougf. 10 yds.; Water trucks, under 7,000 gals.;
Jetting tricks, under 7,C3. gals.; Single -unit flat rack
(3 -axle unit); Highbed heavy duty transport; Scissor truck;
Rubber -tired muck car (not self loaded); Rubber -tired truck
jumbo; Winch truck and "A" frame drivers; Combination winch
truck with hoist; Road oil truck or bootperson;
Buggymobile; Ross, Hyster and similar straddle carriers;
Small rubber -tired tractor
GROUP 3: D=o trucks, 8 yds. and including 24 yds.; Transit
mixers, over 10 yds.; Water trucks, 7,000 gals. and over;
Jetting trucks, 7,000 gals. and over; Vacuum trucks under
7 gals. Trucks towing tilt bed or flat bed pull
trailers; Lowbed heavy duty transport; Heavy duty transport
tiller person; Self- propelled street sweeper with
self- contained refuse bin; Boom truck hydro -lift or
Swedish type extension or retracting crane; P.B. or similar
type self loading truck; Tire repairperson; Combination
bootperson and road oiler; Dry distribution truck (A
bootperson when employed on such equipment, shall receive
the rate specified for the classification cf road ail
trucks or bootperson); Ammonia nitrate distributor, driver
and mixer; Snow Go and /or plow
GROUP 4: 'Dump trucks, over 25 yds. and under 65 yds.; Water
DW 12's, 20's, 21's and other similar equipment
when pulling rqua /pak or water tank trailers; Helicopter
pilots °x'nen transporting men and materials) Lowbedk Heavy
Duty Transport up to inc1r4ding 7 axles; .W 3's, 20 "s, 21's
and other siMiiar Cat type, Terra Cobra, LeTourneau Pulls,
Tournorocker, E r id and similar type equipment when
pulling fuel and =or grease tank trailers or other
miscella>-.eous trailers; Vactm Trucks 7.S +3's gals and over
184
and truck repairman
GROUP 5: Dump trucks, 65 yds. and over; Holland hauler; Low
bed Heavy D•u=y Transport over 7 axles
-2 -25 Receive rate prescribed for craft performing
operation to which welding is incidental.
'2n listed classifications needed for work not included within
the scc:e of the classifications listed may be added after
award only as provided in the labor standards contract clar_:ses
(29CFR 5.5 -(a) (1)
In the listing above, the "SU" designation means that rates
listed under the identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be
prevailing.
WAGE DETERMINATION APPEALS PROCESS
1.) Has there been an initial decision in the matter? This can
be:
an existing published wage determination
a survey underlying a wage determination
a Wage and Hour Division letter setting forth a position on
a wage determination matter
a conformance (additional classification and rate) ruling
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis -Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2.)
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the
Branch of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U.S. Department of Labor
2O' Constitution Avenue, N.W.
ashington, DC 20210
2.) If the answer to the question in 1.) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7). Write to:
185
Wage and Hour Administrator
U.S. Department of Labor
2'03 Constitution Avenue, N.W.
Washington, DC 20210
The request should be accompanied by a full statement of the
__nEerested party's position and by any infor_:.a=_on ;wage
pay data, project description, area prac__ce :-.a=erial,
etc.) that the requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to t: Ad:inistrative
Review Board (formerly `h.e Wage Appeals B;3ard) Write to:
4.) All decisions by the Ad-.in::.strative Review Board are final.
186
A_'.-`._ ~_sera`. -ve Review Board
'2.S. Department of Labor
2 Constitution Avenue, N.W.
Washington, DC 202L'
END OF GENERAL DECISION
TECHNICAL SPECIFICATIONS
2009 SARATOGA AVE OVERLAY AND REHABILITATION PROJECT
List of Specifications
SECTION 15 TRAFFIC STRIPES, PARKING STALLS AND PAVEMENT MARKINGS
SECTION 01170 ACCIDENT PREVENTION
SECTION 01200 PROJECT MEETINGS
SECTION 01300 SUBMITTALS
SECTION 01530 TRAFFIC CONTROLBARRIERS
SECTION 01560 TEMPORARY CONTROLS
SECTION 01700 PROJECT CLOSE OUT
SECTION 02050 REMOVAL OF PAVEMENTS AND CONCRETE SLABS
SECTION 02115 CLEARING AND GRUBBING
SECTION 02200 EARTHWORK
SECTION 02210 EXCAVATION, EMBANKMENT AND COMPACTION
SECTION 02232 AGGREGATE BASE COURSE
SECTION 02510 WEDGE GRIND /CUT CONFORM
SECTION 02511 HOT -MIXED ASPHALT PAVING
SECTION 02515 WALKS, CURBS, RAMPS AND GUTTERS
SECTION 03100 CONCRETE FORMWORK
SECTION 03250 CONCRETE ACCESSORIES
CITY OF SARATOGA DETAILS GENERAL CONSTRUCTION SPECIFICATIONS
SECTION 15 TRAFFIC STRIPES, PARKING STALLS AND PAVEMENT
MARKINGS
PART I: GENERAL
1.1 DESCRIPTION: The work of this section consist of installing traffic stripes, parking
stalls and pavement markings.
A. Cleaning: Sweep and clean surface to eliminate loose material and dust.
B. Remove existing parking stall painting by sand blasting.
C. Striping: Thermoplastic and Paint Type, per Section 84 of the Caltrans Standard
Specifications for Construction of Local Streets and Roads, May 2006 Edition
D. Do not apply traffic and lane marking paint until layout and placement have been
verified with Engineer.
E. Apply paint with mechanical equipment to produce uniform straight edges. Apply at
manufacturer's recommended rates to provide minimum 12 to 15 mils dry thickness.
Use white color for normal striping, unless otherwise noted. Use blue color at
handicap facilities.
END OF SECTION 15
SECTION 01170 ACCIDENT PREVENTION
PART I: GENERAL
1.1 DESCRIPTION: The work of this section consist of establishing an effective accident
prevention program and providing a safe environment for all the public and workers within
the construction zone.
1.2 SUBMITTALS:
A. Accident Prevention Program: Before on -site work begins, submit for review and
comment an accident prevention program. The Engineer will review the proposed
program for compliance with OSHA and project requirements. If the program
requires any revisions or corrections, the Contractor shall resubmit the program
within 10 days. No progress payments will be processed until the program is
approved. The program shall include:
1. Name of responsible supervisor to carry out the program.
2. Weekly and monthly safety meetings.
3. First aid procedures
4. Outline of each phase of the work, the hazards associated with each major phase,
and the methods proposed to ensure property protection and safety of the public,
and Contractor's employees. Identify the work included under each phase by
reference to specification section or division numbers
5. Training, both initial and continuing.
6. Planning for possible emergency situations, such as floods, fires, cave -ins, slides,
explosions, power outages, and wind storms. Such planning shall take into
consideration the nature of construction, site conditions, and degree of exposure
of persons and property.
7. Housekeeping
8. Fire Protection
B Certificates: Certify that all mechanical equipment has been inspected and meets
OSHA requirements.
C. Submit a copy of test reports, as required by OSHA, for personnel working with
hazardous materials.
D. Submit a report of safety meetings and of inspections.
E. Upon request, submit proof of employees' qualifications to perform assigned duties in
a safe manner.
F: Confined Space Training Certification
1.3 QUALITY ASSURANCE:
A. Clauses entitled "Accident Prevention" and "Permits and Responsibilities" of the
General Provisions. In case of conflicts between Federal, state, and local safety and
health requirements, the most stringent shall apply. Equipment or tools not meeting
OSHA requirements will not be allowed on the project sites. Failure to comply with
the requirements of this section and related sections may result in suspension of work.
B. Qualification of Employees:
1. Ensure that employees are physically qualified to perform their assigned duties in
a safe manner.
2. Do not allow employees to work whose ability or alertness is impaired because of
drugs, fatigue, illness, intoxication, or other conditions that may expose
themselves or others to injury.
3. Operators of vehicles, mobile equipment, hoisting equipment, and hazardous plant
equipment shall be able to understand signs, signals, and operating instructions,
and be capable of operating such equipment. Provide operating instructions for
all equipment. Newly hired operators shall be individually tested by an
experienced operator or supervisor to determine if they are capable of safely
operating equipment.
1.4 ACCIDENT REPORTING:
A. Reportable Accidents: A reportable accident is defined as death, occupational
disease, traumatic injury to employees or the public, property damage by accident in
excess of S100, and fires. Notify the City and appropriate regulatory agencies within
24 hours of the reportable accident.
B. All other Accidents: The Contractor shall report all other accidents to the City and
appropriate regulatory agencies as soon as possible and assist the City and other
officials as required in the investigation of the accident.
PART 2: PRODUCTS
2.1 FIRST AID FACILITIES: Provide adequate facilities for the number of employees and
the type of construction at the site.
2.2 PERSONNEL PROTECTIVE EQUIPMENT: Meet requirements of NIOSH and MSHA,
where applicable, as well as ANSI.
2.3 BARRIERS: Section 01530.
PART 3: EXECUTION
3.1 EMERGENCY INSTRUCTIONS: Post telephone numbers and reporting instructions for
ambulance, physician, hospital, fire department, and police in conspicuous locations at
the work site.
3.2 ESCAPE ROUTES: Provide and maintain adequate escape routes at all times in
accordance with the Life Safety Code (NFPA 101 -85). No corridor, aisle, stairway, door,
or exit shall be obstructed or used in a manner that interfered with escape routes.
3.3 PROTECTIVE EQUIPMENT:
A. Inspect personal protective equipment daily and maintain in a serviceable condition.
Clean, sanitize, and repair, as appropriate, personal items before issuing them to
another individual.
B. Inspect and maintain other protective equipment and devices before use and on a
periodic basis to ensure safe operation.
3.4 SAFETY MEETINGS:
A. As a minimum, conduct weekly 15- minute "toolbox" safety meetings. These
meetings shall be conducted by a foreman and attended by all construction personnel
at the worksite.
B. Conduct monthly safety meetings for all levels of supervision. Notify the Contracting
Officer so that he may attend. These meetings shall be used to review the
effectiveness of the Contractor's safety effort, to resolve current health and safety
problems, to provide a forum for planning safe construction activities, and for
updating the accident prevention program. The Contracting Officer will enter the
results of the meetings into his daily log.
3.5 HARD HATS AND PROTECTIVE EQUIPMENT AREAS:
A. A hard hat areas shall be designated and posted by the Contractor in a manner
satisfactory to the City.
B. It is the Contractor's responsibility to require all those working on or visiting the site
to wear hard hats and other necessary protective equipment at all times. As a
minimum, provide six hard hats for use by visitors. Change liners before reissuing
hats.
C. The contractor shall provide barricades and warning signs, or other warning devices
as necessary prevent unauthorized access into the construction work area.
3.6 TRAINING:
A. First Aid: Provide adequate training to ensure prompt and efficient first aid.
B. Hazardous Material: Train and instruct each employee exposed to hazardous material
in safe and approved methods of handling and storage. Hazardous materials are
defined as explosive, flammable, poisonous, corrosive, oxidizing, irritating, or
otherwise harmful substances that could cause death or injury.
C. OSHA Confined Space Training: The Contractor shall be required to submit their
written policy for confined space entry. The policy shall include a copy of the permit
used by the Contractor and identification of their safety /confined space entry
equipment
END OF SECTION 01 170
SECTION 01200 PROJECT MEETINGS
PART 1: GENERAL
1.1 PRECONSTRUCTION CONFERENCE: Before start of construction, the Contractor shall
arrange an on -site pre-construction meeting with City of Saratoga.
1.2 PROGRESS MEETINGS:
A. The City will require, as a minimum, the Contractor to conduit weekly meetings
with appropriate subcontractors, utility companies as required, and the Engineer and
staff. The city reserves the right to require progress meeting on a more frequent
basis during crucial periods of the project which require extra coordination efforts.
B. The Contractor shall be required to update his project schedule prior to the weekly
progress meetings. The schedule shall include, as a minimum, activity ID numbers,
task descriptions, task duration's, start and finish dates, identification of Critical Path
tasks, complete for each activity, total estimated cost for each activity, and float or
slack time. The Contractor shall provide ten copies to the City prior to the Status
meeting.
C. The Engineer will take meeting minutes for each meeting and assign actions
accordingly. Meeting minutes will include action assignments to specific personnel
and a completion date.
PART 2: PRODUCTS Not used.
PART 3: EXECUTION Not used.
END OF SECTION 01200
SECTION 01300 SUBMITTALS
PART 1: GENERAL
1.1 DESCRIPTION: The work of this section consists of submittal requirements before and
during construction.
1.2 RELATED REQUIREMENTS: Closeout submittals Section 01700.
1.3 SCHEDULES: As soon as possible after Notice of Award and before beginning any
work, submit Progress Schedule and Schedule of Values as a package. The City will
review the Progress Schedule and the Schedule of Values for format and content.
A. Progress Schedule: Submit to the Engineer for approval, four copies of a Critical
Path Method Progress Schedule (normally in bar chart form) showing estimated
starting and completion dates for each part of the work. The Critical Path method
schedule shall be prepared using computer scheduling programs such as Primavera,
Microsoft Project, Suretrak, P3, or others. The progress payment will not be
approved by the City until an acceptable, up to date progress schedule is provided to
the Engineer. The purpose of the schedule will be to assure adequate planning and
execution of the work by the Contractor; to assure coordination of the work of the
various subcontractors and utility companies; to assist the contractor, City and
Engineer in monitoring the progress of the work and evaluating proposed changes to
the contract and schedule; to assist the Engineer, City, and Contractor in the
preparation and evaluation of the Contractor's monthly progress payments; and to
alert the City as to the proposed closure of streets and other public facilities.
B. Schedule of Values: Submit a schedule values for the dollar values based on the
Contract Bid Schedule including all bid items, and for the work activities identified in
the project schedule. Break down into component parts each bid item involving a
series of operations for which progress payments may be requested. The total costs
for the component parts shall equal the bid amount for that item, and the total cost of
all items shall equal the contract sum. The City may request additional tasks be
identified in the schedule of values or data to verify accuracy of dollar values. The
Schedule of Values will form the basis for progress payments as provided for in the
General Provisions.
1.4 SHOP DRAWINGS, PRODUCT DATA, AND SAMPLES:
A. General Procedures:
1. As specified in the individual sections, forward submittals to the City at least 15
days before need for review. Unless a different number is specified, submit five
copies of each shop drawing, three specimens of each sample, and five copies of
all other submittals requested, all of which will be retained by the City. Submit
any additional copies that are to be returned.
2. Coordinate all submittals and review them for legibility, accuracy, completeness,
and compliance with contract requirements. Forward submittals that are related to
or affect one another as a package to facilitate coordinated review.
3. Submittals will not be accepted for review if they are not on the correct form, an
incorrect amount of submittals are submitted, the transmittal form is incorrectly
filled out, submittals are not coordinated, or submittals do not show evidence of
Contractor's approval.
4. The City reserves the right to require submittals in addition to those called for in
individual sections.
B. Specific Procedures:
1. Shop Drawings: Identify each copy of shop drawings with contract drawing
number in lower right hand comer.
2. Samples: Samples shall be large enough to illustrate clearly the functional
characteristics and full range of color, texture, or pattern.
3. Manufacturers' Literature: Submit only pertinent pages; mark each copy of
standard printed data to identify products referenced in specification section.
C. The City's Review:
1. After approving submittals, The City will return Contractor's copies.
If submittals are not approved, The City will return all copies to Contractor with
reasons for rejection. Resubmit, identifying changes.
3. Any work done before approval shall be at Contractor's own risk.
1.5 APPROVED EQUALS:
A. For each item proposed as an "approved equal," submit a separate request. With each
request submit supporting data, including:
1. Drawings and samples as appropriate.
2. Comparison of the qualities of the proposed item with that specified.
3. Changes required in other elements of the work because of the substitution.
4. Name, address, and telephone number of vendor.
5. Manufacturer's literature regarding installation, operation, and maintenance,
including schematics for electrical and hydraulic systems, lubrication
requirements, and parts list. Describe availability of maintenance service, and
state source of replacement materials.
B. A request for approval constitutes a representation that Contractor:
1. Has investigated the proposed item and determined that it is equal or superior in
all respects to that specified.
2. Will provide the same warranties for the proposed item as for the item specified.
3. Has determined that the proposed item is compatible with interfacing items.
4. Will coordinate the installation of an approved item and rnake all changes
required in other elements of the work because of the substitution.
5. Waives all claims for additional expenses that may be incurred as a result of the
substitution.
C. The Engineer has the final determination as to whether the proposed substitute
product is equal. If the determination is made the product is not equal, the contractor
shall be required to provide a product which meets the specifications.
1.6 MANUFACTURER'S INSTALLATION INSTRUCTIONS: When contract documents
require compliance with manufacturer's printed instructions, provide one complete set of
instructions for The City and keep another complete set of instructions at the project site
until substantial completion.
1.7 MATERIAL SUBMITTAL LIST- The names of the manufactures /producers of the
materials proposed by the Contractor for use under this contract shall be submitted to the
Engineer, for review, within (30) calendar days after the award of the contract prior to
beginning work. The manufacture's producers specifications and or certificates of
compliance shall be submitted for all applicable products on the list.
h. Completion of any drainage structure
i. Backfill of any trench
j. Placement of any structure or roadway over a backfill trench
k. Completion of a project
8. The city requires a minimum of 24 hours advance notice for general inspection,
48 hours for asphalt concrete construction.
9. The Contractor and/or his authorized representative must submit written request
for final inspection and acceptance. Such requests shall be directed to the City of
Saratoga Engineering Dept., 13777 Fruitvale Avenue, Saratoga.
10. Routes used by construction traffic to be approved by City Engineer.
11. Field Engineer: Contractors or their engineer shall designate or provide a Field
Engineer to act as a liaison with the contractors, subcontract and the City with
regard to construction activities. Name(s) and phone number(s) of the
individual(s) designated as Field Engineer shall be provided to the City and to all
contractors and subcontractors working on the job. All questions as to the
meaning and intent of the plans should be taken to the Field Engineer.
Construction work and operations shall conform to the prevailing State of California
Standard Specifications 2006, supplemented by special provisions required by the City of
Saratoga Engineer's Office. The performance and completion of all work must be to the
satisfaction of the City Engineer.
END OF SECTION: CITY OF SARATOGA DETAILS GENERAL
CONSTRUCTION SPECIFICATIONS
CITY OF SARATOGA
GENERAL CONSTRUCTION
SPECIFICATIONS
1. Construction work and operations shall conform to the prevailing State of
California Standard Specifications 2006, supplemented by special provisions
required by the City of Saratoga Engineer's Office. The performance and
completion of all work must be to the satisfaction of the City Engineer.
2. Construction details shall be in accordance with provision of the current City of
Saratoga Standard Details as appropriate. In the event of conflict, the matter shall
be resolved by the City Engineer.
3. Contractor shall provide adequate dust control as required by the City Engineer.
4. Accurate verification as to size, location and depth of existing underground
conduits or facilities shall be the individual contractors responsibility Plan
locations are approximate and for general information only. Contractors shall
contact utility companies for exact locations of utilities.
5. Concrete used for structural purposes shall be Class "A" (6 sack per c.y.) as
specified in the State Standard Specifications. Concrete placed must develop a
minimum strength factor of 2200 p.s.i. in a seven day period and 3000 p.s.i. in 28
days.
6. Encroachment permits: Encroachment permits shall be secured from the Santa
Clara County Flood Control and Water District in cases where needed.
Encroachment permits shall be secured from Caltrans where needed.
7. Contractors or the Developer must notify the Public Works Department before
beginning any of the activities listed below. Failure to do so may provide cause
for rejection of the work done and the necessity for either; 1.) removing and
redoing the work; 2.) special testing such as coring, etc. 3.) a long- term
performance bond or 4.) all or any of the above. The critical stages include:
a. Commencement of work
b. Beginning cut or fill
c. Completion of excavation and/or subgrade
d. Placement of aggregate base rock
e. Application of prime coat or track coat
f Placement of Portland cement concrete in any structure
g. Placement of asphalt concrete or other roadway material
manufacturers recommendations for installation.
3.2 EXPANSION JOINT MATERIAL INSTALLATION
A. Install Expansion Joint Material as shown on the Construction Drawings.
3.3 EXPANSION JOINT SEALANT INSTALLATION
A. Apply expansion joint sealant material when ambient air temperature is
between 40 100 degrees F.
B. Pour joint sealant into joint slot in one direction and allow sealant to flow
and level out as necessary.
END OF SECTION 03250
PART 3 EXECUTION
Pro Coat Systems, Inc.
5775 Stapleton Drive North, S -200
Denver, Colorado 80216
303- 322 -9009
2.2 ALTERNATIVE WATERSTOPS AT NON EXPANSION JOINTS
Expansion Joint Fillers. The sales representative for RX -101 -T CETCO
Bentonite waterstop is Pro Coat System, Inc. as shown above.
23 EXPANSION JOINT MATERIAL
A. Expansion Joint Material shall meet the requirements of ASTM D1751-83
for all expansion joint used in flatwork, with premanufactured removable
plastic caps
2.4 EXPANSION JOINT SEALANT MATERIAL
All Expansion Joints shall be sealed shall be sealed unless otherwise indicated on
the contract drawings, or as approved by the Engineer. The specific joint
sealant material intended for use for crack control joints is Sikaflex 1CSL
or 2 CSL at the option of the contractor, and applied in accordance with
the manufacturer's recommendations. Joints may be required to be primed
with Sika 429 or backed with backer rod prior to the installation of the
joint sealant.
Closed cell backer rod 1/2" thick shall be inserted in crack control joints a
minimum of 24 hours before installing the control joint resin. The
acceptability of an alternative Expansion Joint Sealant Material shall be
determined during the shop drawing phase.
3.1 WATERSTOP INSTALLATION
Waterstops shall be furnished full length for each straight portion of the joint,
without field splices. Field splices shall have a full size tensile strength of
100 pounds per inch of width. Waterstops, when being installed, shall be
cut and spliced at changes in direction as may be necessary to avoid
buckling or distortion of the web or flange. If, after placing concrete,
waterstops are substantially out of position or chape, the surrounding
concrete shall be removed, the waterstop reset or replaced if damaged, and
the concrete replaced at the Contractor's expense.
RX -101 -T CETCO Bentonite waterstops, if used, shall be installed per the
SECTION 03250 CONCRETE ACCESSORIES
PART 1 GENERAL
1.1 DESCRIPTION
A. Work Included: Work consists of furnishing all labor, material and
equipment necessary to install waterstops, expansion joint material, and
joint caulking material.
1.2 RELATED SECTIONS
SECTION 03300:
1.3 REFERENCES
CRD -0572
ASTM D1752-84
ASTM D1751-83
ASTM C- 920 -87
1.4 SUBMITTALS
A..
PART 2 PRODUCTS
Cast -in -Place Concrete
Spe for Elastomeric Joint Sealers
Submit a statement confirming use of specified products or product
literature for altemative products.
2.1 POLYVINYL CHLORIDE (PVC) WATERSTOPS
Corps of Engineers Specification for Polyvinyl
Chloride Waterstops
Specification for Preformed Sponge Rubber and Cork
Expansion Joint Filler for Concrete Paving and Structural
Construction
Specification for Preformed Expansion Joint Fillers for
Concrete Paving and Structural Construction
(Nonextruding and Resilient Bitaminous Types)
A. All materials shall comply with the requirements of CRD -0572 Corps of
Engineers specification for Polyvinyl Chloride Waterstops.
The specific waterstop intended for use on this project is the Type 4B waterstop
manufactured by HornfDura Joint, or equal.
Sales Representative:
B. Coordinate work of other Sections in forming and setting openings, slots,
recesses, sleeves, bolts, anchors, and other inserts.
C. Install accessories in accordance with manufacturer's instructions, level
and plumb. Ensure items are not disturbed during concrete placement.
Install water -stops in locations as shown on the Drawings. Refer to
Section 03250 for Waterstop Requirements.
3.6 FORM REMOVAL
A. Notify Engineer prior to removing formwork.
B. Do not remove forms and shoring until concrete has sufficient strength to
support its own weight, and construction and design loads which may be
imposed upon it. Concrete shall not be backfilled or loaded until the
concrete has obtained 80% of the design strength.
C. Remove formwork progressively so no unbalanced loads are imposed on
structure.
D. Do not damage concrete surfaces during form removal.
Formwork for integrally colored concrete shall be stripped at a consistent time
interval after the pour. A variation of +1 -2 hours in the time interval
between completion of a pour and form stripping shall be permitted.
Weather protection, if required, shall be installed such that the concrete surface
shall not be damaged or discolored. Any areas damage or discoloration
shall be removed if requested by the Engineer.
3.7 CLEANING
A. Clean forms to remove foreign matter as erection proceeds.
B. Ensure that water and debris drain to exterior through clean -out ports.
During cold weather, remove ice and snow from forms. Do not use de -icing salts.
Do not use water to clean out completed forms, unless formwork and
construction proceed within heated enclosure. Use compressed air to
remove foreign matter.
END OF SECTION 03100
PART 3 EXECUTION
3.1 INSPECTION
A. Verify lines, levels and measurements before proceeding with formwork.
3.2 PREPARATION
A. Earth forms not permitted except as depicted on the drawings for below
grade cutoff walls.
B. Minimize form joints. Symmetrically align joints and make watertight to
prevent leakage of mortar.
C. Arrange and assemble formwork to permit stripping, so that concrete is
not damaged during its removal.
Arrange forms to allow stripping without removal of principal shores, where
required to remain in place.
3.3 ERECTION
A. Provide bracing to ensure stability of formwork. Strengthen formwork
liable to be overstressed by construction loads.
B. Construct formwork to maintain tolerances in accordance with ACI 301
C. Provide 3/4 -inch chamfer strips at all exposed edges and as shown on
Drawings.
D. Areas of formwork requiring horizontal curvature shall have chord
dimensions no greater than 2 feet.
3.4 APPLICATION OF FORM RELEASE AGENT
A. Apply form release agent on formwork in accordance with manufacturer's
instructions. Apply prior to placing reinforcing steel, anchoring devices,
and embedded items.
B. Do not apply form release agent where concrete surfaces are scheduled to
receive applied coverings or special finishes which may be affected by
agent. Soak contact surfaces of untreated forms with clean water. Keep
surfaces wet prior to placing concrete.
3.5 INSERTS, EMBEDDED PARTS, AND OPENINGS
A. Provide formed openings where required for work embedded in or passing
through concrete.
1.6 QUALITY ASSURANCE
A. Construct and erect concrete formwork in accordance with ACI 301 and
347.
1.7 SUBMITTALS
A. As specified in Section 01300
PART 2 PRODUCTS
2.1 FORM MATERIALS
A. Plywood: PS- HDO grade, Class I.
B. Glass Fiber Fabric Reinforced Plastic Forms: Matched tight fitting,
stiffened to support weight of concrete without deflection detrimental to
structural tolerances and appearance of finished concrete surface.
C. High Density Masonite Forms: Matched tight fitting, stiffened to support
weight of concrete without deflection detrimental to structural tolerances
and appearance of finished concrete surface.
2.2 FORMWORK ACCESSORIES
A. Form Ties: Snap -off metal of fixed length; one -inch break back
dimension, free of defects that will leave holes no larger than one -inch
diameter in concrete surface.
B. Form Release Agent: Colorless material which will not stain concrete or
absorb moisture, or impair natural bonding or color characteristics of
coating intended for use on concrete.
C. Fillets for Chamfered Corners: Wood strips or Rigid plastic type; 3/4 x
3/4 inch size unless noted otherwise; maximum possible lengths.
D. Nails, Spikes, Lag Bolts, Through Bolts, Anchorages: Sized as required,
of strength and character to maintain formwork in place while placing
concrete.
SECTION 03100 CONCRETE FORMWORK
PART 1 GENERAL
1.1 DESCRIPTION
A. This section shall apply to all concrete formwork for the project.
1.2 SECTION INCLUDES
A. Formwork for cast -in -place concrete, with shoring, bracing and anchorage.
B. Openings for other affected work.
C. Form accessories.
D. Stripping forms.
1.3 RELATED SECTIONS
A. Section 02515 WALKS, CURBS, AND GUTTERS
B. Section 03200 CONCRETE REINFORCEMENT
C. Section 03300 CAST -IN -PLACE CONCRETE
1.4 REFERENCES
A.
B.
C.
1.5 SYSTEM DESCRIPTION
ACI 301 Specifications for Structural
Concrete for Buildings.
ACI 347
Formwork.
Recommended Practice for Concrete
ACI 306R Cold Weather Concreting
D. PS 1 Construction and Industrial Plywood.
A. Design, engineer and construct framework, shoring, and bracing to meet
design and code requirements, so that resultant concrete conforms to
required shapes, lines and dimensions.
F. The Contractor shall provide barricades for wet concrete work to prevent
public or other construction equipment from damaging the uncured
surface.
3.11 CONCRETE TESTS: Contractor shall notify the City 24 hours prior to
placement to schedule testing. Any failed tests shall be paid for by the Contractor
in accordance to ARTICLE 2B Special Requirements.
3.12 CONCRETE MARKING: All new concrete shall have the name of the contractor
and the year of construction (only) impressed therein using block letters not less
than one inch (1 height and one quarter inch (1/4 deep. One impression shall
be made at each end of the concrete pour and at intervals of not more than fifty
feet (50').
3.13 CLEAN -UP: Upon completion of the work, remove all debris, concrete splatter,
and excess materials and leave area in a neat, clean, acceptable condition.
END OF SECTION 02515
C. Expansion Joints: Construct joints as specified in the contract drawings or
as follows:
1. Place expansion joint material to the full width and depth of the
walk, driveway, or curb and gutter, as indicated on the Contract
drawings or at least once every fifty feet (50') or as directed by the
City.
2. Expansion joints shall be placed between an attached sidewalk and
the curb and gutter; where the walk is in a confined area such as
between a retaining or foundation wall; between concrete
sidewalks and any fixed structure; and any special condition as
specified by the City
3. If joint spacing for the curb and gutter is not specified in the
contract drawings, space walk joints at intervals about equal to
width or walk. Space curb and gutter joints not over 12 feet 6
inches on center, and align them with sidewalk joints.
4. All expansion joints in concrete sidewalks and curb and gutter
shall have expansion dowels. Dowels shall be smooth, diameter
X 12" long, with approved metal expansion caps. Dowels shall be
placed at 2' -0" on center unless otherwise depicted in the contract
documents.
5. After concrete has cured, all expansion joints shall be caulked and
sealed in accordance with the manufacture's recommendations.
Properly protect sealed joints until the product is cured.
3.9 FORM REMOVAL: Remove forms within 24 hours after concrete placement.
Repair minor defects with mortar. Plastering will not be permitted on exposed
faces.
3.10 FIELD QUALITY CONTROL:
A. Horizontal Surfaces shall not vary more than 1/8 inch when tested with a
10 -foot straight edge.
B. Vertical faces shall not vary more than inch when tested with a 10'
straight edge.
C. All tooled joints and edges shall be straight and clean.
D. Colored concrete work shall be compared to the sample panel to ensure
proper color.
E. Expansion joint sealants shall be uniformly applied without surface
defects such as bubbles or jagged edges.
D. Under no condition shall the forms be blocked up with stones, broken
concrete, wood or similar materials
E. Obtain approval of alignment and grade before placing concrete.
3.6 PLACING: Place concrete on moistened subgrade monolithically between
construction joints. Deposit to full depth in one operation. Consolidate
immediately. After depositing concrete, screed and darby or bullfloat.
SLAB FINISHING: After darbying or bullfloating, stop finishing until bleeding has
ceased and until concrete can contain foot pressure with only about 1/4 -inch
indentation. Edge and joint, then float the slab. After floating, use steel trowel to
density surface, then broom slab perpendicular to line of traffic.
CURING/WEATHER PROTECTION:
The Contractor shall apply curing compound
concrete surface.
Curing compound shall be applied at the
manufacturer.
immediately after finishing the
rate as recommended by the
The Contractor shall provide for weather protection on the concrete per the
requirements of the ACI Cold weather concrete practice manual.
Any concrete surface deformation or discoloration's caused by weather protection
equipment shall be removed and replaced by the Contractor at no
additional cost to the Owner.
3.9 JOINTS: Construct all joints true to line with faces perpendicular to surface.
A. Isolation Joints: Separate walks from walls, curbs, stairways, and other
structures, using expansion joint fillers.
B. Contraction (Control) Joints: Space walk joints at intervals depicted in the
contract drawings. If the joint spacing is not specified, sidewalk joints
shall be spaced about equal to width of the walks, and space curb and
gutter joints not over 12 feet 6 inches on center, and align them with
sidewalk joints. Contraction joints may be either sawed or tooled.
1. Sawed: Cut with a power saw fitted with an abrasive or diamond
blade, to a depth of one -fourth the walk depth, and the entire width
of the slab, within 4 to 12 hours after walk has been placed and
finished.
2. Tooled: Form plane of weakness by inserting and later removing a
metal divider, or by cutting one quarter to one third depth with a
suitable tool when concrete is plastic. Finish all grooves with and
edge or a groover.
PART 3: EXECUTION
3.1 SAWCUTTING: All concrete removal shall be to a saw joint unless it can be
demonstrated that an existing joint is of such character that removal can be
accomplished to a neat line. Sawcutting shall be at a depth equal to at least 1/2
the depth of the concrete. In no case shall a piece of concrete curb and gutter or
crosspan be left which is closer than five feet to the nearest control joint.
3.2 PREPARATION OF SUBGRADE:
A. Excavate to required depth and to a width equal to the width of the
concrete to be placed plus one foot (1') beyond the outer edge of the
concrete to be placed.
B. In fill areas, the material shall be placed for the full width of the concrete
to be placed plus two feet (2') beyond the outer edge of the concrete to
be placed and shall slope to the existing ground on a two -to -one (2:1)
slope, or as specified on the contract drawings.
C. Place a minimum of six inches of Class VI roadbase material under all
concrete sidewalks.
D. Remove soft, yielding material and replace with select fill. Compact to a
density of not less than 95 percent of the maximum density as determined
by AASHTO T99- 81,Method D.
E. If tree roots are encountered in the areas to receive concrete, the root shall
be cut a distance of 12" behind the area to be replaced. Prior to cutting the
tree root,
3.3 MAINTENANCE OF SUBGRADE: Maintain subgrade in a compacted
condition until concrete is placed.
3.4 FORMS: As specified in Division 03100 and the following:
A. Metal or uniform warp -free lumber of a height not less than the designed
depth of the adjacent concrete, coated with form release agent.
B. Stake securely, and grade forms to ensure straight, plumb alignments.
Flexible forms shall be used on all curves having a radii of less than 200
feet. Staking shall have no less than three (3) staking points per ten (10)
feet of length with means for locking the form to the stake
C. Forms with greater height than the thickness of the concrete specified may
be used if the upper edge is set accurately to line and grade and the
subgrade is excavated to meet the bottom edge of the forms in a slope not
steeper than one inch (1) vertical to four (4)inches horizontal. The extra
cost for the concrete shall be furnished at no additional cost to the City.
B. Samples of color additive material and mix design
A. Description of machines proposed for concrete extruding or slip forming.
B. Product Literature for Curing Agents
C. Product literature for Standard and Colored Concrete elastomeric sealants
D. Removable Plastic Expansion Joint Cap Strip
1.5 PROJECT CONDITIONS: Place concrete only when temperatures are above 35
degrees F, unless it is protected from freezing in accordance with ACI Cold
Weather concrete provisions.
1.6 RELATED SPECIFICATIONS:
Section 03100
Section 03200
Section 03300
Section 03354
Concrete Formwork
Concrete Reinforcement
Cast -In -Place Concrete
Integral Colored Concrete
PART 2: PRODUCTS:
2.1 STRUCTURAL FILL: As specified in Section 02210 Excavation,
Embankment, and Compaction.
2.2 CONCRETE: As specified in Division 03300.
2.3 COLORED CONCRETE: Davis Colors, or approved equal
2.4 CONCRETE REINFORCEMENT: As specified in Division 03200
2.5 EXPANSION DOWELS: Smooth steel dowels conforming to AASHTO M 183
with gage metal sleeves. Size, number and spacing shall be as specified in the
contract drawings.
2.6 REMOVABLE PLASTIC EXPANSION JOINT CAPS: Pre molded plastic 1/2"
expansion joint material 'A" Dia plastic cap conforming AASHTO M 213.
2.7 EXPANSION JOINT MATERIAL: Asphalt Impregnated Cellulose Fiber, ASTM-
D1751;
2.8 EXPANSION JOINT SEALANTS: Sonneborn NP 2 or approved equal
2.9 CURING COMPOUND: ASTM C309 -81, Type 1 for Gray Concrete and
Manufacture's Approved Colored Curing Compound for Colored Concrete Work;
2.10 CURING MATERIAL: Waterproof paper, polyethylene sheet, clean burlap,
cotton mats, or other approved material, free of substances that may cause stain or
discoloration.
SECTION 02515 WALKS, CURBS, RAMPS AND GUTTERS
PART 1: GENERAL
DESCRIPTION: The work of this section consists of constructing walks, curbs,
ramps and gutters. Class B Portland Cement Concrete (5 sack mix with 1 pint
lampblack /cubic yard.
Constructing walks, curbs, ramps and gutters shall conform to the conform to provisions
of Section 73 from Caltrans Standard Specifications May 2006
Ramps shall be Caltrans 2006 Case "A" and "G" Ramp. The width of the ramp shall be
eight (4) feet wide with raised truncated dome pattern (in line) detectable warning
surface. The color shall be armor title dark grey federal color No. 36118
ALTERNATE CONSTRUCTION METHODS: Concrete slabs for walks shall be
formed, placed, vibrated, and finished by hand using conventional methods.
Concrete curbs or curbs and gutters may be constructed in the same manner, but
Contractor has the option of machine placing curbs using the extrusion method or
machine placing curb and gutter using the slip -form method.
QUALITY ASSURANCE:
A. Contractor Subcontractor performing concrete work for this section shall
have a minimum of five years experience.
B. Construct a five foot (5') square sample of gray sidewalk paving, and a ten
foot (10') long section of curb and gutter, to show surface texture, joints, and
general appearance of acceptable work will be required. No work shall be
performed until the sample has been approved and becomes the standard of
comparison for acceptability of all work. The sample may be part of the
work required to be placed for the project.
C. Construct a five foot (5') square concrete sample for each color of colored
concrete work, to show surface texture, color, and general appearance of
acceptable work. No work shall be performed until the sample has been
approved and becomes the standard of comparison for acceptability of all
work. The sample will be used by the Owner to ensure all colored concrete
work is a consistent color. Colored concrete work which the Owner feels
deviates from the approved sample shall be removed and replaced at no
additional cost to the Owner.
1.4 SUBMITTALS: As specified in Section 01300.
A. Furnish statement of composition of concrete mix and evidence that mix
meets specified quality.
angles to centerline of paved area. Surfaces will not be acceptable if exceeding
the following tolerances for smoothness:
1. Base Course Surface: 1/4 inch.
(2) Wearing Course Surface: 3/16 inch.
D. Check surface areas at intervals as directed by Engineer.
E. Drainage: After completion of paving work, all paving shall be flooded with
water, and any resulting "ponds" shall be ringed with chalk. Such hollows
shall be corrected with addition of asphalt concrete and rerolling until paving is
completely level and free from hollows and high spots.
END OF SECTION 02511
3.4 DIKES
A. Asphalt dikes shall be placed on newly laid asphalt pavement free from dust.
B. Dikes shall be shaped and compacted with an extrusion machine or other
equipment capable of shaping and compacting the material to the required
cross section.
3.5 TRAFFIC, PARKING STALL AND LANE MARKINGS
A. Cleaning: Sweep and clean surface to eliminate loose material and dust.
B. Remove existing parking stall painting by sand blasting.
C. Striping: Paint Type, per Section 84 of the Caltrans Standard Specifications
for Construction of Local Streets and Roads, May 2006 Edition
D. Do not apply traffic and lane marking paint until layout and placement have
been verified with Engineer.
E. Apply paint with mechanical equipment to produce uniform straight edges.
Apply at manufacturer's recommended rates to provide minimum 12 to 15 mils
dry thickness. Use white color for normal striping, unless otherwise noted.
Use blue color at handicap facilities.
3.6 WHEEL STOPS
A. General: Secure wheel stops to hot -mixed asphalt surface with not less than
two 3/4- inch diameter galvanized steel dowels embedded in precast concrete at
1/3 points.
3.7 FIELD QUALITY CONTROL
A. General: Testing in -place hot -mixed asphalt courses for compliance with
requirements for thickness and surface smoothness may be done by City's
testing laboratory. Repair or remove and replace unacceptable paving as
directed by Engineer.
B. Thickness: In -place compacted thickness tested in accordance with ASTM D
3549 will not be acceptable if exceeding following allowable variations:
(1) Total Asphalt Concrete Section: Plus or minus 1/4 inch.
C. Surface Smoothness: Test finished surface of each hot -mixed asphalt course
for smoothness, using 10 -foot straightedge applied parallel with and at right
v) Joints: Make joints between old and new pavements, or between successive
days' work, to ensure continuous bond between adjoining work. Construct
joints to have same texture, density, and smoothness as other sections of
hot -mixed asphalt course. Clean contact surfaces and apply tack coat.
Curbs: Construct curbs over compacted pavement surfaces. Apply a light tack
coat unless pavement surface is still tacky and free from dust.
vii) Place curb materials to cross section indicated or, if not indicated, to local
standard shapes, by machine or by hand in wood or metal forms. Tamp
hand placed materials and screed to smooth finish. Remove forms as soon as
material has cooled.
c) ROLLING
i) General: Begin rolling when mixture will bear roller weight without excessive
displacement.
ii) Compact mixture with hot hand tampers or vibrating plate compactors in areas
inaccessible to rollers.
iii) Breakdown Rolling: Accomplish breakdown or initial rolling immediately
following rolling of joints and outside edge. Check surface after breakdown
rolling and repair displaced areas by loosening and filling, if required, with hot
material.
iv) Second Rolling: Follow breakdown rolling as soon as possible, while mixture
is hot. Continue second rolling until mixture has been evenly compacted.
v) Finish Rolling: Perform finish rolling while mixture is still warm enough for
removal of roller marks. Continue rolling until roller marks are eliminated and
course has attained 96 percent laboratory maximum compacted density.
vi) Patching: Remove and replace paving areas mixed with foreign materials and
defective areas. Cut out such areas and fill with fresh, hot -mixed asphalt.
Compact by rolling to specified surface density and smoothness.
vii) Protection: After final rolling, do not permit vehicular traffic on pavement
until it has cooled and hardened.
viii) Erect barricades to protect paving from traffic until mixture has cooled enough
not to become marked.
L. Seal Coat: Apply fog seal coat, and when indicated on the drawings, a slurry seal, in
accordance with CSS Section 37 to all existing and new asphaltic concrete paving.
b) PLACING MIX
2. Restoration may be accomplished by patching defects, resurfacing, completely
replacing, or combination of these measures, but measure taken shall be
adequate for work of restoration required and shall be subject to the Engineer's
approval.
Mask adjoining surfaces and areas, including curb faces, and take all other
necessary precautions as required to prevent over -spray and splatter of the seal
coat material on the adjacent surfaces or areas. In the event the precautions
taken are not adequate, clean all traces of over -spray and splatter form all
surfaces to the satisfaction of the Engineer.
i) General: Place hot -mixed asphalt mixture on prepared surface, spread, and strike off.
Spread mixture at minimum temperature of 225 deg F (107 deg C). Place areas
inaccessible to equipment by hand. Place each course to required grade, cross section,
and compacted thickness.
Paver: Shall have a sonar sensor with a paving leveling ski.
iii) Paver Placing: Asphalt pavers shall be self propelled mechanical spreading and
finishing equipment, provided with a screed or strike -off assembly capable of
distributing the material to no less than the full width of traffic lane, unless otherwise
acceptable to Engineer. After first strip has been placed and rolled, place succeeding
strips and extend rolling to overlap previous strips. Complete base course for a section
before placing surface course.
iv) hnmediately correct surface irregularities in finish course behind paver. Remove
excess material forming high spots with shovel or lute.
A. Remove loose material from compacted subbase surface immediately before applying
weed control agent.
B. Proof -roll prepared subbase surface to check for unstable areas and areas requiring
additional compaction.
C. Notify Contractor of unsatisfactory conditions. Do not begin paving work until
deficient subbase areas have been corrected and are ready to receive paving.
D. Base Course: Place and compact aggregate base course to thicknesses required for
each section. Compact base course to 95% minimum relative compaction. Comply
with requirements of Standard Specification, Chapter 26.
E. Herbicide Treatment: Apply chemical weed control agent in strict compliance with
manufacturer's recommended dosages and application instructions. Apply to
compacted, dry subbase prior to placement of base course. Extreme care shall be
exercised during application that no weed killer is applied to area(s) not to be paved.
F. Prime Coat: Apply at rate of 0.20 to 0.50 gal. per sq. yd., over compacted subgrade.
Apply material to penetrate and seal, but not flood, surface. Cure and dry as long as
necessary to attain penetration and evaporation of volatile.
G. Tack Coat: Apply to contact surfaces of previously constructed asphalt or Portland
cement concrete and surfaces abutting or projecting into hot -mixed asphalt pavement.
Distribute at rate of 0.05 to 0.15 gal. per sq. yd. of surface.
H. Allow to dry until at proper condition to receive paving.
I. Exercise care in applying bituminous materials to avoid smearing of adjoining
concrete surfaces. Remove and clean damaged surfaces.
J. Installation of Header Boards: Install header boards at all pavement edges not bound
by concrete curbs. Provide header boards of size and thickness detailed or noted on
the drawings, if no size is indicated; provide 2x4 header boards. Set header board true
to lines and grades, staked as detailed. Construct curves with nailed up laminations to
required thickness. All butt joints, back joint both sides with 1 "x3 "x 12" strips, nailed
through and clinched.
K. Existing Asphaltic Concrete Paving:
1. Repair damage caused by construction operations and restore to condition prior
to construction.
E. Prime Coat: Cutback asphalt type AASHTO M82 (ASTM D2027) SC -3, SC -70, or
SC -250.
F. Tack Coat: Emulsified asphalt, AASHTO M140 (ASTM D 997) or AASHTO M208
(ASTM D2397) SS -1, SS -111, CSS -1, or CSS -1h, diluted with one part water to one
part emulsified asphalt.
G. Surface Course Aggregate: Crushed stone, crushed gravel, crushed slag and sharp
edged natural sand.
H. Asphalt Cement: Conform to AASHTO M226 (ASTM D3381) and to Caltrans
Standard Specification, Section 39; provide viscosity grade AR -8000.
K. Header Boards: "Foundation Grade" (Selected from Construction Heart) Redwood as
specified in Paragraph 316 "Standard Specifications for Grades of California Redwood
Lumber November 1970 Edition.
L. Pavement Stripes and Pavement Markings: Paint Type, per Section 84 of the Caltrans
Standard Specifications for Construction of Local Streets and Roads, May 2006
Edition
M. Pavement Markers: per Section 85 of the Caltrans Standard Specifications for
Construction of Local Streets and Roads, May 2006 Edition
2.2 ASPHALT AGGREGATE MIXTURE
A. Asphalt concrete pavement sections 3 inches thick or less shall be installed in single
lift.
B. Asphalt concrete pavement sections greater than 3 inches thick shall be installed in
two (2) lifts in conformity with Caltrans' Standard Specifications, Section 39:
1. Base Lift: 1 -1/2" minimum, Type "B" asphalt concrete, 3/4" maximum
aggregate size, medium graded.
2. Top Lift: 1 -1/2" minimum, Type "B" asphalt concrete, 3/4" maximum
aggregate size, medium graded.
C. Asphalt Concrete Dike: Type A asphalt concrete, 3/8 and maximum aggregate size.
PART 3) EXECUTION
a) SURFACE PREPARATION
1.4 QUALITY ASSURANCE
A. Codes and Standards: Comply with State of California, Department of Transportation,
Caltrans Standard Specification (latest edition), and with local regulations if more
stringent than herein specified.
1.5 SITE CONDITIONS
A. Weather Limitations: Apply prime and tack coats when ambient temperature is above
50 deg F (10 deg C) and when temperature has not been below 35 deg F (1 deg C) for
12 hours immediately prior to application. Do not apply when base is wet or contains
an excess of moisture.
B. Construct hot -mixed asphalt surface course when atmospheric temperature is above 40
deg F (4 deg C) and when base is dry. Base course may be placed when air
temperature is above 30 deg F (minus 1 deg C) and rising.
iii) Grade Control: Establish and maintain required lines and elevations.
PART 2) PRODUCTS
a) MATERIALS
i) General: Use locally available materials and gradations that exhibit a satisfactory
record of previous installations.
ii) Base Coarse Aggregate: Sound, angular crushed stone, crushed gravel, or crushed
slag, sand, stone, or slag screenings. Comply with Caltrans Standard Specification,
Section 26 for Class 2 base.
iii) Herbicide Material: Commercial chemical for weed control, registered by
Environmental Protection Agency Provide granular, liquid, or wettable powder form.
D. Available Manufacturers: Subject to compliance with requirements, manufacturers
offering products that may be incorporated in the work include, but are not limited to,
the following:
1. Ciba -Geigy Corp.
2. Dow Chemical U.S.A.
3. E.I. Du Pont de Nemours Co., Inc.
4. FMC Corp.
5. Thompson Hayward Chemical Co.
6. U.S. Borax and Chemical Corp.
SECTION 02511 HOT -MIXED ASPHALT PAVING
PART 1) GENERAL
a) RELATED DOCUMENTS
CALTRANS TYPE B ASPHALT CONCRETE
1. Reference to asphalt concrete in this document shall be of Type B Medium, 1/2 inch
maximum aggregate size, medium graded, per Section 39 of the Caltrans Standard
Specifications for Construction of Local Streets and Roads, May 2006 Edition.
2. Reference to Repaired Failed Street Section (RFSS) in this document shall be of Type B
Medium, 3/4 inch maximum aggregate size, medium graded, per Section 39 of the
Caltrans Standard Specifications for Construction of Local Streets and Roads, May 2006
Edition.
3. Paver: Shall have a sonar sensor with a paving leveling ski.
4. Recycle Asphalt Product (RAP) will not be accepted (virgin mix only).
i) Drawings and general provisions of Contract, including General and Supplementary
Conditions and Division 1 Specification Sections, apply to this Section.
b) SUMMARY
i) This Section includes provisions for hot -mixed asphalt paving and base over prepared
subbase and all work specified herein, and as shown on the drawings.
B. Related Sections: The following sections are noted as containing requirements that
relate to this Section, but may not be limited to this listing:
1. Division 2 Site Clearing, and Earthwork
c) SUBMITTALS
i) General: Submit the following in accordance with Conditions of Contract and
Division 1 Specification Sections.
ii) Material Certificates signed by material producer and Contractor, certifying that each
material item complies with or exceeds specified requirements.
SECTION 02510 WEDGE GRIND /CUT
PART I: GENERAL
1,1 DESCRIPTION: The work of this section consists of wedge grinding/cut.
PART 2: EXECUTION
2.1 Wedge grid/cut existing pavement to a minimum of 0.17' (FT) at lip of gutter, face of
curb or AC conforms.
2.2 The wedge grind /cut width at lip of gutter or face of curb shall be a minimum of 6 feet
and a minimum of 16 feet wide for AC conforms.
2.3 At edge of pavement where new AC Dike will be placed, wedge grid/cut will not be
required unless indicated in the Drawings.
2.4 Provide Pedestrian and Traffic Control as necessary to ensure safe public access through
the wedge grind /cut area. Contractor to provide barricades with attached "UNEVEN
PAVEMENT SURFACE" signs through out the wedge grind/cut limits.
2.5 DISPOSAL: Disposed of unsuitable and excess material offsite at approved facilities.
END OF SECTION 02510
B. Compaction: Compact the top 6" subgrade to meet the following density
requirements:
20 or more
20 or less 95%
3.2 BASE MATERIAL:
END OF SECTION 02232
Soils PlasticityDensity Required
Index Optimum Moisture
90%
C. Rock Subgrade: Loosen encountered rock to a depth of twelve inches below
the required subgrade elevation and replace with suitable materials from the
excavation. Compact to the density specified above.
D. Maintaining Density: Do not allow the finished subgrade to be disturbed by
traffic or other operations. Recompact the subgrade in the manner specified
above when the subgrade becomes softened by rain or frost action, or other
cause to the extent that it does not have the specified density and moisture
content at the time of placement of the next course.
A. General: Install base course in maximum six inch lifts.
3.3 COMPACTION:
"Density Control" method of compaction is to be used, and the following provision
shall apply:
A. Density: Compact the base at not less than optimum moisture to provide a
density of not less than 95% of standard proctor.
B. Grade Surfaces: Smooth to within plus /minus 0.10 feet established base
course elevations. Maintain in smooth compacted condition until final
surface is placed.
SECTION 02232 AGGREGATE BASE COURSE
PART 1 GENERAL
1.1 DESCRIPTION:
Provide granular base beneath paving.
1.2 RELATED WORK SPECIFIED ELSEWHERE:
A. Earthwork Section 02200.
B. Asphaltic Paving Section 02511.
C. Walks Section 02515.
D. Cast -in -place Concrete Section 03300.
1.3 COORDINATION:
Coordinate sub -grade preparation with earthwork and utility trades.
PART 2 PRODUCTS
2.1 GRANULAR BASE MATERIAL:
PART 3 EXECUTION
Aggregate base shall conform to the requirements of Section 26 of the State
Standard Specifications and the City Standard Specifications. Recycle rock
will not be accepted.
3.1 SUBGRADE PREPARATION:
A. General: Complete the grading operations and prepare the subgrade for
paving. The subgrade is defined as that portion of the road bed upon which
the granular base is to be placed. Finish the subgrade to lines, grades and
sections shown on the drawings. Remove and replace soft, yielding material,
clods or other material with suitable materials. Scarify the upper six inches
in both cuts and fills and compact to a uniform density, as determined in
accordance with "Compaction Ratio Method, for Selection of Density and
Soils and Base Materials in Place."
replace surface treatment. Restore appearance, quality, and surface treatment.
Restore appearance, quality, and condition of surface or finish to match adjacent
work, and eliminate evidence of restoration to greatest extent possible.
3.7 DISPOSAL OF EXCESS AND WASTE MATERIALS
A. Removal from Owner's Property: Remove waste materials, including
unacceptable excavated material, trash, and debris, and dispose of it off Owner's
property.
END OF SECTION 02210
excavation and backfill with Stabilization Material. Subgrade stabilization will
not be approved as a substitute for proper dewatering. Should the Contractor over
excavate below or outside the cut limits shown on the drawings, he shall at this
own expense backfill the excavation to the proposed subgrade. For this backfill in
dry conditions, Embankment Fill Material compacted in accordance with the
Compaction Specification Table may be used. In wet conditions, Stabilization
Material may be required by the Engineer.
3.4 ACCEPTANCE REQUIREMENTS
A. TOLERANCES
3.6 MAINTENANCE
1. Finished surfaces shall be fine graded so they are free draining and shall
be within an allowable tolerance of plus or minus 0.10 foot from the
grades shown on the Drawings, minus the thickness of surface course
materials or replaced topsoil layer.
2. Regardless of the specified tolerance, all grading and compaction shall be
performed in such a manner that finished surfaces are in uniform planes
with no abrupt breaks in the surface and the ground is free draining.
B. COMPACTION
1. All fill material shall be placed to the dry densities listed in the
Compaction Specification Table as a minimum.
3.5 EROSION CONTROL
A. Provide erosion control methods in accordance with the Construction Drawings
and Section 02400.
A. Protection of Graded Areas: Protect newly graded areas from traffic and erosion.
Keep free of trash and debris.
B. Repair and reestablish grades in settled, eroded, and rutted areas to specified
tolerances.
C. Reconditioning Compacted Areas: Where completed compacted areas are disturbed by
subsequent construction operations or adverse weather, scarify surface, reshape, and compact
to required density prior to further construction.
D. Settling: Where settling is measurable or observable at excavated areas, remove
surface (pavement, lawn, or other finish), add backfill material, compact, and
compaction equipment is necessary to achieve the compaction requirements
indicated above. The Contractor is advised that drying of the excavated material
may require spreading, disking, or other material may require spreading, disking,
or other material handling and rehandling procedures. Whenever the
embankment material is either wetted or dried to adjust its moisture content, the
material should be tilled or otherwise thoroughly mixed so that the moisture
content is uniformly distributed within each layer of soil placed. Mobilizing
different types of compaction equipment as required and handling the
embankment material to adjust its moisture content will not be basis for any
additional compensation to the Contractor beyond the unit prices bid for
applicable work items.
H. When embankment is to be superimposed upon undisturbed (natural) soil, the
surface shall be scarified to a depth of six (6) inches and compacted to 100% of
the maximum dry density as determined in accordance with ASTM D 698. The
moisture content of the scarified material shall be adjusted as required to achieve
the required compaction. In cut areas, the upper 6 inches shall be scarified and re-
compacted to 100% of the maximum dry density as determined in accordance
with ASTM D 698.
I. No frozen material shall be placed in embankments, and any material which
freezes after being placed in embankment shall not be covered over until it has
thawed out and been re- compacted, if necessary, or removed.
J. Excavated areas shall be watered by the contractor as required to prevent the
propagation of dust.
K. After completion of embankment construction, topsoil shall be spread in the areas
shown on the Drawings and seed, sod or plantings placed in areas designated on
the construction drawings.
L. All cast -in -place concrete structures, and retaining walls shall be bedded with
structure bedding a minimum of 12" deep under the structure, or as otherwise
detailed on the Construction Drawings.
8.3 SUBGRADE STABILIZATION
A. When excessively soft or yielding material is discovered in excess of one foot
deep below the subgrade, the Contractor shall notify the Engineer. Upon
verification of the unsuitable material, the Engineer may approve excavation and
removal of the material and replacement with Stabilization Material. If the soft or
yielding materials was caused by the Contractor's operations, no extra payment
will be made.
B. When a high water table is discovered, the Contractor shall notify the Engineer.
Upon verification of the high water table, the Engineer may approve over
and stabilized.
B. Excavation operation, the forming of embankment, excess material stockpiles and
the shaping of the subgrade, walkways and side slopes shall be in accordance with
methods herein specified.
C. When grading occurs around existing trees, the Contractor shall stay 1 foot per
caliper inch away from the tree.
D. In excavation operations, and in the formation of embankments, operations shall
be so conducted as to provide positive drainage at all times subject to the
provisions in the Drawings and Specifications regarding erosion control measures.
E. The Contractor shall satisfy himself of the character of the material to be moved.
Rock, if encountered, shall be excavated to a depth of six (6) inches below
subgrade, and backfilled with embankment material. When rock excavation is
encountered as defined in Part 1 of this specification, the Contractor shall notify
the Engineer for field verification.
F. Embankment fill material and structure backfill shall be excess cut material from
the site excavation or imported material The material shall be placed in
successive horizontal layers not exceeding eight (8) inches in depth (loose
measurement) and shall be compacted with suitable compactors to not less than
the following percentages of the maximum dry density as determined in
accordance with ASTM D 698:
COMPACTION SPECIFICATION TABLE
Location Cohesive Soils Non cohesive Soils
Max Dry Density Max Rel. Density
Scarified subgrade 95% 75%
under an embankment,
fill under roads and
drainage channels
Embankment under 100% 80%
structures
All Other Areas 90% 70%
During compaction, the moisture content of the embankment raterial shall be
controlled to within plus or minus 2 percent of the optimum moisture content
determined in accordance with ASTM D 698. For compaction of the
embankment material, the contractor shall provide kneading rollers, vibratory
sheepsfoot rollers, rubbertired rollers, vibratory rollers or whatever other type of
H. Class "B" Pipe Bedding shall be a well graded crushed stone or slag. When
tested by means of laboratory sieves it shall conform to the following
requirements: (AASHTO M43, No. 67 gradation).
PART 3 EXECUTION
3.1 PREPARATION
Sieve Size Percent Passing
1 inches 100
3/4 inch 90 -100
3/8 inch 20 -55
No. 4 0 -10
No. 8 0 -5
When crushed gravel or stone is used, at least 50 percent, by weight, of the
particles retained on the No. 4 sieve and above shall have at least two (2)
fractured faces.
A. Protect subgrade against freezing temperatures or frost. Provide protective
insulating materials as necessary.
B. Provide erosion control measures to prevent erosion or displacement of soil and
discharge of soil- bearing water runoff or airborne dust to adjacent properties and
walkways. See Section 02400.
C. Prior to placement of new embankment fill, structure backfill, or bedding material
all vegetation, organic soils, and highly compressible soils shall be removed. The
Engineer shall review the exposed subgrade prior to placement of new
embankment fill, structure backfill or bedding material.
D. Prior to placing embankment fill, the area shall be proof rolled to ensure the
subgrade has been properly prepared. Any soft spots detected shall be removed to
1.0' below subgrade and stabilized with Embankment Fill Material at no extra
cost. If stabilization deeper that 1.0' is required and in areas of high water table,
refer to subgrade stabilization below.
3.2 EXCAVATION, EMBANKMENT, AND COMPACTION
A. Prior to placing embankment fill, the area shall be proof rolled to ensure the
subgrade has been properly prepared. Any soft spots detected shall be removed
C. On -site Structure Backfill Material shall consists of suitable materials developed
on the project. To be suitable for use under this classification, backfill shall be
free of frozen lumps, wood, or other organic material, it shall consists of 3" minus
material having less than 35% passing the No. 200 sieve, a liquid limit less than
30 and a plasticity index less than 15. If the material contains rock fragments
that, in the opinion of the Engineer, will be injurious to the structure, the native
material shall not be used and material shall be imported that meets the
requirements for imported structure backfill.
D. Structure Bedding Material shall meet the gradation of No. 4 Coarse Aggregate as
specified by Section 7.03.02 of the CALTRANS Standard Specifications.
E. Imported Structure Backfill shall meet the requirements of Class 1 Structure
Backfill as specified in Section 703.08 of the CALTRANS Standards
Specifications. In addition, this material shall have a liquid limit not exceeding
35 and a plasticity index of not over six when determined in conformity with
AASHTO T 89 and T 90, respectively.
IMPORTED STRUCTURE BACKFILL
F. Clean sand shall meet the following gradation requirements:
CLEAN SAND
Sieve Size Percent Passing
2 -inch 100
No. 4 30 to 100
No. 50 10 to 60
No. 200 5 to 20
Sieve Size Percent Passing
3/8 inch 100
No. 200 0 to 5
G. Subsurface Drain Material Type 1 shall meet the gradation of No. 4 Coarse
Aggregate as specified by Section 7.03.02 of the CALTRANS Standard
Specifications.
necessary to supplement available on -site Structure Backfill must be non expansive material
free of trash, debris and organics and no larger than 3" in any dimension.
L. Aggregate Base Course shall be placed on prepared subgrade as indicated on the
Construction Drawings. Aggregate base course is specified in Section 02232.
1.7 CARE AND RESTORATION OF PROPERTY
A. On paved surfaces, the Contractor shall not use or operate tractors, bulldozers, or
other power- operated equipment, the treads or wheels of which are so shaped as
to cut or otherwise damage such surfaces.
B. All lawns, irrigation systems, paved surfaces, roadways, and structures which
have been damaged by the contractor's operations shall be restored to a condition
at least equal to that in which they were found immediately prior to the beginning
of operations.
C. The restoration of existing property or structures shall be completed as promptly
as practicable and shall not be left until the end of the construction period.
PART 2 PRODUCTS
2.1 MATERIALS
A. Embankment Fill Material shall classify as GW, GP, SW, SP, GC, GM, SC, or
SM in accordance with the United Soil Classification System. Embankment Fill
Material shall be granular, non expansive material free of trash, debris, and
organics. Material shall consists of 3" minus material having less than 35%
passing the No. 200 sieve, a liquid limit less than 30 and a plasticity index less
than 15. The onsite sands and gravels are suitable materials. Onsite clays will be
expansive in a compacted condition and are not suitable materials under
sidewalks or structures.
B. Stabilization material shall meet the gradation of "No. 4 Coarse Aggregate" as
specified in Section 703.02 of the California Department of Transportation
CALTRANS Standard Specifications Stabilization Material shall meet the
following gradation requirements.
Percentages Passing
Sieve Size Designated Sieve Sizes
2 inches 100
1.5 inch 90 -100
1 inch 20 -55
3/4 inch 0 -15
3/8 inch 0 -5
of area upon which they are to be placed, placing and compacting of approved
material, backfill within areas where unsuitable materials have been removed, and
placing and compacting of embankment material in holes, pits and other
depressions to lines and grades shown on Drawings. Embankment Fill shall be
granular, non- expansive material free of trash, debris, rock less than 3" in
diameter, and organics. Prior to placement of the new embankment fill, all
vegetation, organic soils, and highly compressible soils shall be removed. The
Engineer shall review the exposed subgrade prior to the placement of
embankment fill material. The Contractor shall proof roll embankment areas if
requested by the Engineer.
C. Rock Excavation: Rock excavation shall consist of igneous, metamorphic, and
sedimentary rock and boulders exceeding one cubic yard which cannot be
excavated without blasting or the use of rippers equivalent to a Caterpillar D7
with ripper or a Caterpillar 225 track mounted backhoe with "rock teeth
D. Borrow: Backfill or embankment material which must be acquired from
designated borrow areas to make up deficient areas which cannot be completed
from excavation within work limits.
E. Proof Rolling: The application of test loads over a subgrade surface by means of a
heavy pneumatic -tired vehicle to locate weak areas in subgrade.
F. Subgrade Stabilization: The placement of stabilization material in areas of over
excavation, as replacement of unsuitable insitu material, or in areas of high water
table to stabilize the insitu material.
G. Structure Backfill: Earthwork around a buried structure to bring the adjacent
surface to the design grade, including preparation of the excavation floor and
walls and placing and compacting of approved structure backfill material.
H. Structure Bedding Material: Material as indicated on the construction drawings to
be placed under cast -in -place reinforced concrete structure and other indicated
structures.
I. Pipe Bedding: Bedding material placed in a trench bottom in preparation for
laying a pipe or conduit and shall meet the requirements of Class `B" Bedding as
given in the Standard Specifications for the City of Saratoga.
I. Subsurface Drain: Free draining granular material placed in a trench usually with
a perforated pipe to drain ground water. Subsurface Drain Material is specified in
Section 02410.
J. Imported Structure Backfill: Imported Structural Backfill Material shall be used when
suitable on -site materials are not available. Off -site Structural Backfill Materials as
1.5 PROJECT CONDITIONS
A. Site Information: Data in subsurface investigation reports was used for the basis
of the design are included in these Contract Documents and are available to the
contractor for information only. Conditions are not intended representations or
warranties of accuracy or continuity between soil borings. The Owner will not be
responsible for interpretations or conclusions drawn from this data by contractor.
B. Existing Utilities: Locate existing underground utilities in areas of excavation
work. If utilities are indicated to remain in place, provide adequate means of
support and protection during earthwork operations.
(1) Should uncharted, or incorrectly charted, piping or other utilities be
encountered during excavation, consult utility owner immediately for
directions. Cooperate with Owner and utility companies in keeping
respective services and. facilities in operation. Repair damaged utilities to
satisfaction of utility owner.
(2) Demolish and completely remove from site existing underground utilities
indicated to be removed. Coordinate with utility companies for shutoff of
services if lines are active.
C. Use of Explosives: Use of explosives is not permitted.
D. Protection of Persons and Property: Barricade open excavations occurring as part
of this work and post with warning lights.
1.6 DEFINITIONS
1. Operate warning lights as required by authorities having jurisdiction.
2. Protect structures, utilities, sidewalks, pavements, and other facilities from
damage caused by settlement, lateral movement, undermining, washout,
and other hazards created by earthwork operations.
3. Perform excavation by hand within dripline of large trees to remain.
Protect root systems from damage or dryout to the greatest extent possible.
Maintain moist condition for root systems and cover exposed roots with
moistened burlap.
A. Unclassified Excavation: Any and all earthen materials encountered, including
rocks and boulders smaller than 0.5 cubic yards, during construction.
B. Embankment Fill: Earthwork consisting of embankments, including preparation
SECTION 02210 EXCAVATION, EMBANKMENT AND COMPACTION
PART 1 GENERAL
1.1 SECTION INCLUDES
A. Excavating and grading for site, landscaping areas and sidewalks.
B. Construction of all embankments.
C. Compaction of all subgrade.
D. Fine grading.
E. Rolling and all other work necessary for the completion of the subgrade and
slopes.
F. Placement of Bedding Materials.
1.2 RELATED SECTIONS
A. Section 02221: TRENCHING, BEDDING,
BACKFILL AND COMPACTION.
B. Section 02115: CLEARING AND GRUBBING
1.3 REFERENCES
A. American Association of State Highway and Transportation Officials AASHTO):
AASHTO T -180 Moisture- Density Relations of Soils Using a 10 -In Rammer
and an 18 -inch Drop
Standard Specifications, State of California Department of Transportation.
ASTM D 698 -91 Laboratory Compaction Characteristics of Soil Using
Standard Effort (12,400 ft- l bf/ft (600kN- m/m)).
1.4 QUALITY ASSURANCE
A. Codes and Standards: Perform excavation work in compliance with applicable
requirements of authorities having jurisdiction.
5 TOLERANCES In those areas upon which a subbase or base course is to be placed, the
top of the subgrade shall be of such smoothness that, when tested with a 16 -foot
straightedge applied parallel and at right angles to the centerline, it shall not shown any
deviation in excess of_ inch, or shall not be more than 0.05 foot from true grades
established by grade hubs or pins. Any deviation in excess of these amounts shall be
corrected by loosening, adding or removing materials, and recompacting by sprinkling
and rolling.
6 SUBGRADE PREPARATION The subgrade shall be graded and prepared as specified
in Section 21, Subgrade Preparation. and the "Special Subgrade Requirements" shown
on the Plans. The "Special Subgrade Requirements" supercede the City Standard
Specifications /Plan Details.
END OF SECTION 02200
Stones or rock fragments larger than 4 inches in their greatest dimension will not be
permitted in the top 6 inches of the subgrade.
In cuts, all loose or protruding rocks on the back slopes shall be barred loose or otherwise
removed to line or finished grade of slope. All cut and -fill slopes shall be uniformly
dressed to the slope, the typical section, and alignment shown on the plans.
Any excess excavation material from common excavation or trench spoil shall be
stockpiled in a neat and uniform manner. Where any old fill materials or soft zones are
exposed by excavation to the subgrade level, they shall be overexcavated and replaced
with compacted fill. The Engineer shall approve the overexcavation before any
additional earthwork is done.
3 EQUIPMENT
The Contractor may use any type of earthrnoving, compaction, and watering equipment
he may desire or has at his disposal, provided the equipment does not damage below
grade structure or existing tree roots, is in a satisfactory condition and is of such capacity
that the construction schedule can be maintained as planned by the Contractor and as
approved by the Engineer in accordance with the calendar days bid for the construction.
The Contractor shall furnish, operate, and maintain such equipment as is necessary to
control uniform density, layers, section, and smoothness of grade.
PREPARATION AND PROTECTION OF THE TOP OF THE SUBGRADE. On
areas to be paved, the specified depth cut areas shall be compacted to the density
specified on the plans. When completed, the surface shall be true to the lines, grades, and
cross sections shown on the plans.
After al( drains, structures, ducts, and other underground appurtenances along the edges
or under the pavement have been completed, the subgrade shall be compacted to the
depth specified. Any irregularities or depressions that develop under rolling shall be
corrected by loosening the material at these places and adding, removing, or replacing
material until the surface is smooth and uniform. Any portion of the area which is not
accessible to a roller shall be compacted to the required density by approved mechanical
tampers. The material shall be sprinkled with water during rolling or tamping, when
directed by the Engineer.
At all times, the top of the subgrade shall be kept in such condition that it will drain
readily and effectively. In handling materials, tools, and equipment, the Contractor shall
protect the subgrade from damage by laying planks when directed and shall take other
precautions as needed. In no case will vehicles be allowed to travel in a single track. If
ruts are formed, the subgrade shall be reshaped and rolled.
The Contractor shall inform and satisfy himself as to the character, quantity, and
distribution of all material to be excavated. No payment will be made for any excavated
material which is used for purposes other than those designated. All
point areas shall be leveled to a uniform line and section and shall present a neat
appearance before project acceptance.
Those areas outside of the pavement areas in which the top layer of soil material becomes
compacted due to hauling or to any other activity of the Contractor, shall be scarified and
diced to a depth of 4 inches, as directed, to loosen and pulverize the soil.
3.2 EXCAVATION Excavation shall be performed as indicated on the contract plans to the
lines, grades, and elevation shown or as directed by the Engineer, and shall be made so
that the requirements for formation of embankments can be followed. No excavation or
stripping shall be started until the Engineer has staked out the proposed work. All
material encountered within the limits indicated shall be removed and disposed of.
During the process of excavation, the grade shall be maintained so that it will be well
drained at all times.
Mulch, peat, matted roots, or other yielding material, unsatisfactory for subgrade
foundation, shall be removed to the depth specified, to provide a satisfactory foundation.
Where roots of adjacent trees are encountered the roots are not to be cut but are to be
protected with layers of wet burlap. Unsatisfactory materials shall be disposed of offsite
at no additional cost. The portion so excavated shall be refilled with suitable selected
material as specified, obtained from the grading operations or borrow area and
thoroughly compacted by rolling. The necessary refilling will constitute a part of the
embankment. Where trenching out is done to provide for a course of pavement, the
depths thus creased shall be ditched at frequent intervals to provide adequate drainage.
Widening or narrowing of the section and raising or lowering of the grade to avoid haul
will not be permitted.
The installation and removal of utilities required to permit the orderly progress of work
will be accomplished by local agencies, unless otherwise shown on the plans. All existing
foundations shall be excavated for at least 2 feet below the top of the subgrade and the
material disposed of as directed. All foundation thus excavated shall be backfilled with
suitable material and compacted.
In cut areas, the subgrade under areas to be paved shall be compacted as specified on the
plan. Material shall be moistened as specified on the plans prior to compaction. Any
unsuitable materials encountered shall be removed from the site at no extra cost in
accordance with Section 21 of the State of California Department of Transportation
Standard Specifications latest edition and ubsequent addenda for Class A. subgrade.
SECTION 02200 EARTHWORK
1 DESCRIPTION
This section shall consist of excavating, filling, stockpiling, removing, and satisfactorily
disposing of all materials within the limits of the work required to construct the roadways
and other areas for drainage or other purposes in accordance with these special
provisions, and as specified in Section 19, Earthwork. of the State of California
Department of Transportation Standard Specifications, latest edition and subsequent
addenda, and in conformity with the dimensions and typical sections shown on the plans
and with the lines and grade established by the Engineer.
2 MATERIALS
2.1 All suitable material taken from excavation shall be used in the formation of subgrade
and for backfilling as indicated on the plans or as directed by the Engineer.
2.2 CLASSIFICATION All material excavated shall be defined as •Unclassified
Excavation.•
2.3 FILL MATERIAL There are two types of acceptable fill materials.
A. General Fill. All fill material shall be a soil or soil -rock mixture which is free from
organic matter, rubble or other deleterious substances. The fill material shall not contain
rocks or lumps over 6 inches in greatest dimension, and not more than 15 percent larger
than 2 -1/2 inches.
B. Select Fill. Select fill shall meet the above requirements for general fill and in addition
it shall have a plasticity index no greater than 15.
3 CONSTRUCTION METHODS
3.1 GENERAL The rough excavation shall be carried to the necessary depth to obtain the
specified depth of subgrade densification shown on the plans. Should the Contractor,
through negligence or other fault, excavate below the designated lines, he shall replace
the excavation with approved materials, in an approved manner and condition, at his own
expense. The Engineer shall have complete control over the excavation, moving, placing,
and disposition of all material and shall determine the suitability of material to be placed
in embankments. All material determined unsuitable shall be disposed of offsite.
Topsoil shall not be used in fills or in subgrades but shall be disposed of offsite.
E. Clear out undergrowth and deadwood, up to an eight foot height, without
disturbing sub -soil.
F. Do not disturb trees or roots of trees or shrubs which are to remain.
4.3 CLEAN UP:
A. Burning on Owner's Property: Burning is not permitted on Owner's property.
B. Removal from Owner's Property: Remove waste materials and unsuitable or
excess topsoil from Owner's property, except as otherwise noted.
4.4 MEASUREMENT
A. Site clearing and grubbing shall be measured on a lump sum basis.
4.5 PAYMENT
A. The lump sum price paid for site clearing and grubbing shall include
compensation for furnishing all materials, labor, equipment and incidentals for
doing all the work involved in site clearing and grubbing as required in the
Special Provisions, shown on the Plans herein, but excluding any work for which
there is a pay item in the Contract.
END OF SECTION 02115
A. Provide protection of trees, shrubs, lawn areas, and other features remaining
as part of final landscape.
B. Provide protection to bench marks, existing structure, roads, sidewalks,
paving, utilities and curbs against damage from clearing operations, vehicular
and foot traffic. Re- establish if disturbed.
C. Provide designated temporary roadways, walkways, and detours for vehicular
and pedestrian traffic.
4.2 CLEARING:
A. General: Remove trees, shrubs, grass and other vegetation, improvements, or
obstructions as required to permit installation of new construction. Remove
similar items elsewhere on site or premises as specifically indicated.
"Removal" includes digging out and off -site disposing of stumps and roots or
other material.
1. Cut minor roots and branches of trees indicated to remain in a clean and
careful manner, where such roots and branches obstruct installation of new
construction.
B. Topsoil: Topsoil is defined as friable clay loam surface soil found in a depth
of not less than 4 inches. Satisfactory topsoil is reasonably free of subsoil,
clay lumps, stones, and other objects over 2 inches in diameter, and without
weeds, roots, and other objectionable material.
2.1.1. Strip topsoil to whatever depths encountered in a manner to prevent intermingling
with underlying subsoil or other objectionable material.
2.1.1.1. Remove heavy growths of grass from areas before stripping.
2.1.1.2. Where existing trees are indicated to remain, leave existing topsoil in
place within drip lines to prevent damage to root system.
2.1.2. Stockpile suitable topsoil in storage piles in areas indicated or directed. Construct
storage piles to provide free drainage of surface water. Cover storage piles, if
required, to prevent wind erosion.
2.1.3. Dispose of unsuitable or excess topsoil same as specified for disposal of waste
material, or use for fill if approved by Engineer or Owner's Geotech.nical Engineer.
C. Provide cleaning of areas as required for access to site excavation and
performance of Work.
D. Cut down marked trees and underbrush within marked areas. Grub out
stumps, roots, and embedded rocks.
A.
B. Protection of Existing Improvements: Provide protections necessary to prevent
damage to existing improvements indicated to remain in place.
C.
Traffic: Conduct site clearing operations to ensure minimum interference with
roads, streets, walks, and other adjacent occupied or used facilities. Do not close or
obstruct streets, walks or other occupied or used facilities, unless otherwise noted,
without permission from authorities having jurisdiction.
A. Protect improvements on adjoining properties and on Owner's property.
B. Restore damaged improvements to their original condition, as acceptable
to property owners.
Protection of Existing Trees and Vegetation: Protect existing trees and other
vegetation indicated to remain in place on Owner's property, in street right of way and
in creek right of way, against unnecessary cutting, breaking or skinning of roots,
skinning or bruising of bark, smothering of trees by stockpiling construction materials
or excavated materials within drip line, excess foot or vehicular traffic, or parking of
vehicles within drip line. Provide temporary guards to protect trees and vegetation to
be left standing.
A.
B.
C.
D.
PART 3 PRODUCTS
3.1 MATERIALS:
A. Tree paint: water proof, asphalt based paint, with anti septic properties;
R.I.W. Tree Surgery Paint by Toch Bros., New York; Sherwin Williams
Pruning Compound, or approved equal.
PART 4 EXECUTION
4.1 PROTECTION:
Water trees and other vegetation to remain within limits of contract work
as required to maintain their health during course of construction operations.
Provide protection for roots over 1 -1/2 inch diameter that are cut during
construction operations. Coat cut faces with an emulsified asphalt, or other
acceptable coating, formulated for use on damaged plant tissues. Temporarily
cover exposed roots with wet burlap to prevent roots from drying out; cover
with earth as soon as possible.
Repair or replace trees and vegetation indicated to retrain which are
damaged by construction operations, in a manner acceptable to Architect.
Employ a licensed arborist to repair damages to trees and shrubs.
Replace trees which cannot be repaired and restored to full- growth status,
as determined by arborist.
B. Any pruning of trees shall be performed under the supervision of an
International Society of Arboriculture (ISA) Certified Arborist and according
to ISA standards.
C. A preconstruction meeting shall be held with the contractor following prior to
start of work to review tree protection measures.
D. Unless otherwise approved, alt construction activities shall be conducted
outside the designated fenced area, including the time after fencing is
removed. Construction activities include, but are not limited to, demolition,
grading, trenching, equipment cleaning, stockpiling and dumping materials
(including soil fill), and equipment/vehicle operation and parking.
E. Any approved grading or trenching beneath tree canopies shall be performed
manually using shovels.
G. City of Saratoga Tree Protection Ordinance: Article 15 of the City of
Saratoga's Municipal Code (i.e., Tree Protection Ordinance) outlaws the
removal, damage, pruning, or encroachment upon any protected tree located
on private or public property without first having obtained a tree removal,
pruning, or encroachment permit from the City. A protected tree is defined as
any of the following:
Any native tree having a diameter at breast height (dbh) of 6 inches (in) or
greater
Any other tree having a dbh of 10 in or greater
Any street tree (i.e., within public street or right -of -way)
Any heritage tree, defined in Article 15.50.020(1) as "any tree of historic
significance as a tree having historic value related to the heritage of the City
and designated by action of the City Council upon recommendation of the
Heritage Preservation Commission"
3.1 Any tree required to be planted, retained, or replaced under other
provisions of the Municipal Code
1.3 SCHEDULING:
A. Notify Owner's Representative 48 hours prior to beginning work.
PART 2- PROJECT CONDITIONS
SECTION 02115 CLEARING AND GRUBBING
PART 1 GENERAL
CLEARING AND GRUBBING shall conform to the provisions of Section 16, "Clearing and
Grubbing of Caltrans Standard Specifications and the following special provisions.
Limits of work shall include the proposed street limits included in Appendix B
Caution:
1. All existing raspberry bush/plants shall be protected during project operations and not cleared
and grubbed.
2. Tress and bushes at adjacent residential fence line /property line shall be protected and not
cleared and grubbed
1.1 SUMMARY
A. This Section includes, but is not limited to, the following:
B. Related Sections: The following sections are noted as containing requirements that
relate to this Section, but may not be limited to this listing.
1. Earthwork.
1.2 DESCRIPTION:
Protection of existing trees.
Clearing and grubbing.
Removing of existing site trash
Removing of existing site debris
Removing of existing site wood chips
Removing of existing Asphalt Concrete debris
A. Provide complete removal of marked trees, shrubs and underbrush as
determined by the City of Saratoga Public Works Department as necessary to
complete project.
SECTION 02050 REMOVAL OF PAVEMENTS AND CONCRETE SLABS
PART 1: GENERAL
1.1 DESCRIPTION: The work of this section consists of demolition and removal of
pavements and concrete slabs. The work includes filling and grading.
1.2 QUALITY ASSURANCE: Comply with safety requirements for demolition, ANSI
A 10.6 -83.
1.3 PROJECT CONDITIONS:
A. Keep dust to a minimum at removal site and on haul roads. Use sprinklers or water
trucks as necessary.
B. Ensure safety of persons in demolition area.
PART 2: PRODUCTS
PART 3: EXECUTION
3.1 PREPARATION: Protect buildings, structures, utilities, concrete /asphalt and vegetation
to remain.
A. Provide Pedestrian and Traffic Control as necessary to ensure safe public access
through the construction demolition area.
3.2 DEMOLITION:
A. Pavement and Slabs: Scarify or rip bituminous pavement; break up concrete. Saw
cut concrete and asphalt adjacent to new construction. Remove completely.
3.3 DISPOSAL:
A. Dispose of unsuitable and excess material offsite at approved facilities.
B. Salvaged Material: All salvaged material remains the property of the City. Store
where directed by City.
END OF SECTION 02050
C. Spare Parts and Materials: As specified in individual sections.
D. Operation and Maintenance Data: As specified in Section 01730.
E. Operation and Maintenance Data: Provide four complete sets of the following data.
Data shall be on 81/4-inch by 1 I -inch sheets or manufacturers' standard catalogs,
suitable for side binding. Include the following as applicable:
1. Replacement parts list
2. Wiring diagrams
3. Manufacturers' model numbers
4. Name, address, and telephone number of local representative
5. Basic operational features
6. Schedule of maintenance work
7. Lubricants
8. Emergency procedures
9. Starting, operating, and shut -down procedures
10. Seasonal shut -down procedures
11. Cleaning agents and methods
12. Color and texture designations.
F. Operating Tools: As specified in the individual sections.
G. Special Tools: One set of special tools required to operate, adjust, dismantle, or
repair equipment. Special tools are those not normally found in possession of
mechanics or maintenance personnel.
3.5 SUBSTANTIAL COMPLETION AND FINAL INSPECTION: Submit written
certification that project, or designated portion of project, is substantially complete, and
request in writing a final inspection. The City will make an inspection within 10 days of
receipt of request.
A. When the City determines that the work is substantially complete, he will prepare a
list of deficiencies to be corrected before final acceptance and issue a Letter of
Substantial Completion.
B. If the City determines that the work is not substantially complete, he will immediately
notify Contractor in writing, stating reasons. After completing work, Contractor shall
resubmit certification and request a new final inspection.
3.6 ACCEPTANCE OF THE WORK: After all deficiencies have been corrected, a Letter of
Acceptance will be issued.
3.7 POST CONSTRUCTION INSPECTION: Before expiration of warranty period, the City
will inspect the project and notify Contractor in writing of all deficiencies.
END OF SECTION 01700
SECTION 01700 PROJECT CLOSE OUT
PART 1: GENERAL
1.1 DESCRIPTION: The work of this section consist of final cleanup, closeout submittals,
and final inspection procedures.
1.2 SUBMITTALS
A. As specified in this section.
PART 2: PRODUCTS Not Used
PART 3: EXECUTION
3.1 POSTED OPERATING INSTRUCTIONS: As specified in the individual sections.
Furnish operating instructions attached to or posted adjacent to equipment. Include
wiring diagrams, control diagrams, control sequence, start-up, adjustment, operation,
lubrication, shut -down, safety precautions, procedures in the event of equipment failure,
and other items of instruction recommended by the manufacturer.
3.2 CLEANING: Remove all tools, equipment, surplus materials, and rubbish. Restore or
refinish surfaces of existing facilities that are marred, scratched, or damaged due to the
work of this contract to match original condition. Remove grease, dirt, stains, foreign
materials, and labels from interior and exterior finished surfaces. Do any required waxing
and polishing. Sweep paved areas; rake grounds. At time of final inspection, project
shall be thoroughly clean and ready for use.
3.3 PROJECT RECORD DRAWINGS:.
A. The contractor shall maintain an up to date set of red -lined record drawings which
indicate all changes and revisions to the original design that affect the permanent
structures and will exist in the completed work. The contractor shall also reference
all underground utilities to semi permanent or permanent physical objects. Reference
water, sewer, telephone, and electric lines to corners of buildings. Include schematic
diagrams showing terminal numbers for all electrical equipment.
B. Keep record drawings current. Inspection will be made monthly. Certification of
accuracy and completeness will be required on monthly payment requisitions. Project
record drawings are the property of the City and shall be delivered to the City before
closeout.
3.4 CLOSEOUT SUBMITTALS: Submit before final inspection request
A. Project Record Drawings: As specified above.
B. Guarantees and Bonds: As specified in individual sections.
3.3 ITEMS IDENTIFIED TO BE REMOVED OR SALVAGED
A. All items identified to be removed or salvaged shall be removed in a manner to
minimize damage to the item to be salvaged.
3.4 AIR AND WATER POLLUTION CONTROL:
3 Take all necessary reasonable measures to reduce air and water pollution by any
material or equipment used during construction.
4 To control erosion during and after project implementation, the contractor shall
implement a Stormwater Pollution Prvention Plan (SWPPP) with appropriate Best
Management Practices (BMPs), in accordance with San Francisco Bay Regional
Water Quality Board (RWQCB) guidelines
5 Do not dispose of any volatile wastes or oils in storm or sanitary drains.
6 Do not allow waste materials to be washed into streams or bodies of water.
7 Sod or seed slopes, as specified in Section 02950, as soon as possible to prevent
erosion. If it is impossible to prevent erosion, the City may require construction
of sedimentation basins to prevent water pollution.
8 The Contractor shall comply with all of the State of California Construction De-
watering Permit requirements.
3.5 DUST PREVENTION
A. During the construction and until final acceptance by the City, the Contractor
shall be responsible for controlling dust emissions in the construction area.
B. No earthwork activities shall be performed when the sustained wind speed
exceeds thirty (30) miles per hour.
C. All fill areas shall be compacted on a daily basis as required in the project.
D. Any mud or dirt carried out onto paved surfaces shall be cleaned up in a daily
basis.
E. The Contractor shall promptly comply will all directives from the City relating to
dust control. If the Contractor fails to comply or provide adequate means to
control dust, a stop work order will be \issued until the problems have been
corrected.
END OF SECTION 01560
SECTION 01560 TEMPORARY CONTROLS
PART 1: GENERAL
1.1 DESCRIPTION: The work of this section consists of providing temporary controls
and disposal of construction wastes and debris. The Contractor shall pay for all disposal
costs unless otherwise indicated in the Contract Documents.
1.2 SUBMITTALS:
A. Location and Operator of the Contractor's Solid Waste Disposal Facility to be
utilized for construction all materials disposed of off the project site.
PART 2: PRODUCTS Not used.
PART 3: EXECUTION
3.1 HOUSEKEEPING:
A. Keep project neat, orderly, and in a safe condition at all tunes.
B. Provide enough refuse containers for collecting construction debris. Refuge
containers shall be emptied as required to maintain a neat and orderly
environment.
C. Wet down dry materials and rubbish to prevent blowing dust.
D. Keep volatile wastes in covered containers.
E. Utilize or remove excavated material as soon as possible.
3.2 DISPOSAL:
Soil Evaluation: All soil materials excavated within the project area will be evaluated upon
removal. Soil materials will be visually screened for debris and staining by the Engineer. The
Contractor shall separate out all trash and debris for soils to be reused onsite.
All trash and debris encountered during excavation shall be stored separately or disposed of at a
lawfully permitted landfill facility.
Unless otherwise specified, all removed materials becomes the property of the. Contractor and
shall be properly disposed of offsite. Immediately remove hazardous rubbish from project site.
Place other construction debris in refuse containers at least daily. Dispose of refuse at least
weekly, in a legal manner, at approved public or private dumping areas.
B. Erect and maintain barricades, lights, danger signals, and warning signs in
accordance with ANSI D6.1 -78.
C. Illuminate barricades and obstructions at night; keep safety lights burning from
sunset to sunrise.
D. Adequately barricade and post open cuts in or adjacent to thoroughfares.
E. Protect pedestrian traffic by guardrails or fences.
F. When pedestrian traffic is detoured into a roadway, provide temporary walkways
with any necessary protection at ends and overhead. For walkways, use lumber
running parallel to direction of traffic movement and provide ramps at changes of
elevation.
G. Cover pipes, hoses, and power lines crossing sidewalks and walkways with
troughs using beveled edge boards.
H. Erect and maintain sufficient detour signs at road closures and along detour
routes.
3.3 BARRIER TAPE: Install where directed by the City. Keep a minimum of two rolls
on site at all times.
3.4 REMOVAL: Completely remove barriers no longer needed and when approved
by the City.
END OF SECTION 1530
2.6. FLASHING ARROW SIGNS: Per section 12 -3.03 of the Caltrans Standard
Specifications for Construction of Local Streets and Roads, May 2006 Edition Caltrans.
Provide electric arrow board(s) for lane reduction.
2.7. SIGNS: Overhead Lines Above
PART 3: EXECUTION
3.1 GENERAL
A. The Contractor shall provide all barricades, flagmen, control devices, etc.
necessary to control traffic and protect areas under construction. All traffic
control procedures, signing, lighting, barricading, etc., shall conform to the latest
edition of the Manual of Uniform Traffic Control Devises.
B. The Contractor shall submit to the City for approval, a Traffic Control Plan (TCP)
prepared by a Certified Traffic Control Supervisor. No demolition or construction
activities may commence until the TCP has been approved.
C. The Traffic Control Supervisor shall be certified as a Worksite Traffic Supervisor
by the American Traffic Safety Services Association (ATSSA).
D. All barricading and signage shall be left in place until the work has been
constructed, inspected and approved by the City.
E. The Contractor shall provide the name, address, and phone number of his
representative who may be reached at any time during the life of the project
regarding repairs, detours, barricading, etc. This information shall be furnished in
writing to the City, Fire Department, and Police Department.
F. The Contractor shall be responsible for informing the public of the traffic
conditions existing within the construction area at all times by placement of
appropriate warning and advisory signs: The Contractor shall provide and
maintain all traffic control and safety items. The Contractor assumes sole and
complete responsibility for the job and site conditions including safety of all
persons and property, from start until final acceptance of construction of
construction. This requirement shall apply continuously twenty -four (24)
hours /day and shall be limited to normal work hours.
G. Notify the police and fire department 24 hours prior to any road closure.
3.2 PROTECTION OF PUBLIC:
A. Fence, barricade, or otherwise block off the immediate work area to prevent
unauthorized entry to the work area.
SECTION 01530 TRAFFIC CONTROL/BARRIERS
PART 1: GENERAL
1.1
DESCRIPTION: The work of this section consists of furnishing, installing, and
maintaining barriers to protect existing facilities and the public from construction
operations. Per Section 7 -1.08, "Public Convenience," and 7-1.09, "Public Safety", of the
Caltrans Standard Specifications for Construction of Local Streets and Roads, May 2006
Edition Caltrans, set forth the Contractor's responsibilities for public convenience and
public safety.
When the Traffic is restricted to one (1) lane only the Contractor shall provide /contract
Sheriff Deputy Officers for the traffic control at the signalized intersections of Saratoga
Ave /Lawrence Expwy, Saratoga Ave /Cox Ave, Saratoga Ave/Dagrnar Dr and Saratoga
Ave/ Scotland Dr. due to the close vicinity of highway 85 and the heavy traffic on
Saratoga Ave. This shall be paid under Item #3 Traffic Control at no additional cost to
the City.
Please contact Teny Calderone for the Sheriff Deputy Officers at (408) 868 -6610.
1.2 SUBMITTALS
A. A copy of the Traffic Control Supervisor's Certification
B. Traffic Control Plan
PART 2: PRODUCTS
2.1. GENERAL: Material may be new or used, but shall be suitable for intended purpose.
Fences and barriers shall be structurally adequate and neat in appearance.
2.2. FENCING: Chain link, 2 -inch mesh, minimum height, 6 feet.
2.3. BARRICADES AND SIGNS: ANSI D6.1 -78, "Manual on Uniform Traffic Control
Devices" (MUTCD), Part VI.
2.4. LUMBER: Free of nails, large knot holes and splinters.
2.5. BARRIER TAPE: Banner Guard, imprinted with "CAUTION: CONSTRUCTION
AREA or approved equal.
ITEM DESCRIPTION
Construction Schedule
Material Submittal List
Site Inspection photo /pictures
Notices to Residents, Businesses and Schools
Traffic Control Plan
Class 2 Aggregate Base (recycle rock will not be accepted)
Asphalt Concrete (Caltrans) Type B Medium 1/2 3/4 inch maximum aggregate size,
medium graded (recycle asphalt product RAP will not be accepted)
Class B Portland Cement Concrete (5 sack mix with 1 pint lampblack /cubic yard)
END OF SECTION 01300
APPENDIX A
CONSTRUCTION DETAILS
ere
re
rb.
slope along
s shall
Approved by
I.H.
6"
F SARATOGA
R -1/2'
Dowels (see note)
Cl. B R C Concrete
Da e
JULY 2003
6"
File name
1 Scale
1 =1• -6"
STANDARD DRAWING
STANDARD VERTICAL CURB
GUTTER (V -24)
Use 1 /2" expansion
joint at each end
of curb- returns cnd
at 60' centers.
Use 3 1/2 "x12"
smooth capped
dowels at each
expansion joint.
Mork dummy joints
1" deep at 10'
centers.
Sheet 1 of 1
1 "x3" keyway in
bock of curb w
sidewalk or futu
sidewalk joins c
Designed by
=.N.
Note: Min.
gutter line
be 0,3%
CITY 0
Keyway see
note 4 below
NOTES
3 3' 3"
De5ignet Appro+ =_d by i Date
E N I.H. JULY 2003
CITY OF SARATOGA
3'
3 —a'
CROSS SECTION
File name
14"
1. Use 1/2" expansion joints ot each end of curb
returns and ot 60' centers.
2. Use (3) 1/2" diameter 12" Le. smooth capped dowels
at each expansion joint.
3. Form or cut weakened plane joints at 10' cneters.
4. Locate 1 "x3" kewway wherever sidwalk, sidewalk
corners or driveways abut curb
5. Lip of gutter to be some distance from roodway Cl. as
lio on standard vertical cutb and gutters.
6. Odin. slope along gutter flowline= 0.3%
Scale
1":1'-6"
STANDARD DRAWING
STANDARD R -36 CURB
GUTTER DETAILS
Dowels (see
note 2 below)
Conc. see 1
Pg.
Note 25
Sheet 1 of 1
NOTES
1 Residential sidewalk shall be min
4' wide, commercial 6' min
width in commerc al and prof fes onal
and administrative zones
2 Provide construction joints where curb
and sidewalk abut
3 ti'heel chair ramps to be located at either
or both eturns or center of corner
as directed See sheet 10 for ramp detail
4 Weakened plane joints to be 1 I/2•' deep min
Property Line
Variable
4 F'I
Variable I
4•'
I
4' min.
slope 1/4• 1'
slope /C' r
STANDARD SF( Tim
4' min
CL
P C Concrete
L see note I p 25
Agg base cushion
;COI ITHIC SFC112N
CITY OF SARATOGA
Designed by Approved by Dare
E N 1 H. JULY 2003
Place 1/4'• expansion joints at ends
of structures and on 60' ce hers
Variable
l l1 -1
CL
1 III Se Concrete
Agg Base Cushion See Concrete
1, p.25 C
=III
-Score to 1/3 depth curs joint if needed
Same dimensions as V -24 curb gutter
Provide 1 x 3" key- way for
future sidewalk pour when
not poured at same time
Fite name
Score at 2' when appropriate
for decorative purpose.
Weakened plane at 4'. 5' Or 6
dependent on s/w width.
Pt_AM
STANDARD SFCTION
V-26 Curb Gutter
Scale
NO SCALE
STANDARD DRAWING
STANDARD CONCRETE SIDEWALK
Sheet I of 1
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SECTIONS
I:
k••• \s. 1 1 ,o,..1 7 "07
0
1 .•\1 J
3 3 5,
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'1'i x.1
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tottle
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TYPE D CURBS
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curb Polon, in p.m., of E.".
CURB
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-4
MONUMENT BOX AND COVER
1 Phoenix P -2008 or equal
i
1 A,C.
Pavement
14" MIN
Chiseled cross in 2" diameter x 2" brass
plug or 1/2" Dia. x 4" brass rod with
R.C.E. or L.S. No.
Monument poured in place
in origional ground or in
fill compacted to 100%
relative compaction for
radius of 4' around
monument
Designed by
E.N.
5"--1
14 1/4"
7 7/16"
10"
18 GA. Pipe Sleeve
24" min.
CONCRETE MONUMENT
Approved by 1 Date
I.H. JULY 2003
CITY OF SARATOGA
14" min.
PIPE MONUMENT ALTERNATIVE
He name
24" min.
Scale
NO SCALE
14 1/4"
STANDARD DRAWING
STANDARD MONUMENT BOX
12" max.
Encase box and pipe sleeve in concrete
Set 9" below paved street grade
or 12" below ground surface
7 1/2"
Compacted material to be at
least 9" below pavement
but not more than 12"
below pavement when iron
pipe is used.
Plug with R.C.E. or L.S. tag
3/4" iron pipe driven into
origional groung or compacted
ground
Sheet oft
EXISTING
CURB
GUTTER
EXISTING AC
EXISTING C1 8
1.5 INCH AC OVERL
6'0" TO 16'0'
GRIND EXISTING PAVEMENT TO
A MIN. DEPTH OF 0.17' AT LIP
OF EXISTING GUTTER. FACE OF
CURB OR AC CONFORMS. wEDGE
GRIND /CUT 55015 AT LIP a
GUTTER OR FACE Cr CURB
SHALL BE A MINIMUM OF 6
F EET AND A MINIMUM OF 16
FEET FOR AC CONFORMS
GRIND EXISTING PAVEMENT TO
A MIN. DEPTH OF 0.17' AT
FACE OF MRS. wEDGE
GRIND /CUT w10T5 AT FACE OF
CURB SHALL BE A MINIMUM OF
6 FEET
REPAIR FAILED STREET SECTION
(RF55) AT A DEPTH OF 4 INCH FROM
EXISTING PAVEMENT REPLACE N11H
AC. DO 501 EXCAVATE INTO NATIVE
GROUNO
d11 =11 -II
n =r
1 1 1- 11(1 -1=
CURB
ASPHALT OVERLAY AND REHABILITATION /STREET CROSS SECTION
N07 TO SCALE
EXISTING LANDSCAPED 1015440
cu
Ln
E
C
N
U
c
c
CU z
r
z
0
J
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c z
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z Q E
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awe
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z
Q CL CC
U)
OVERLAY
TOP OF EXISTING PAVEMENT
OVERLAY
FULL SECTION
6' -0
/�I,///' AWN, .....w..
STREET WITH CURB GUTTER
WITH GUTTER CUT)
NTS
AN
FULL SECTION
TOP OF EXISTING PAVEMENT
(WITH GUTTER CUT)
NTS
TYPICAL STREET SECTION
REMOVE EXISTING PAVEMENT
WITH GUTTER CUT
REMOVE EXISTING PAVEMENT
WITH GUTTER CUT
STREET WITH EXISTING AC OVER GUTTER
Construction Details
ISLAND CURB
Ar
OVERLAY
FULL SECTION
TOP OF EXISTING PAVEMENT
MINOR SIDE STREET SECTION
(WITH CONFORM CUT)
NTS
OVERLAY
I r
ij ij l/ l111111111h
CONFORM CUT
STREET SECTION WITH MEDIAN ISLAND
NTS
TYPICAL STREET SECTION
REMOVE EXISTING PAVEMENT
WITH CONFORM CUT
FULL SECTION
Construction Detail;
OVERLAY
FULL SECTION
—TOP OF EXISTING
PAVEMENT
6'
CONFORM AT EX. PCC BUS PAD
NTS
6'
GUTTER CUT
EX. PCC BUS PAD
6'
FULL AC
SECTION
EXISTING
CURB GUTTER
DETAIL FOR 12' GUTTER CUT
NTS
TYPICAL STREET SECTION
Construction Details
GUTTER CUT
AROUND RETURN
TYP.
CONFORM CU
GUTTER CUT
SS1H OIL AND SAND SEAL AT A.C. JOINTS
BEGINNING OR END OF PROJECT
DESIGNATED BY E'S (EAST SIDE)
WiS (WEST SIDE)
S'S (SOUTH SIDE)
NiS (NORTH SIDE)
LIP OF GUTTER OR
FACE OF CURB
GUTTER CUT
SS1H OIL AND SAND
SEAL AT A.C. JOINTS
WEDGE CUT STRAIGHT ACROSS
MINOR (NON SIGNALIZED)
SIDE STREET
BASIC CONFORM GUTTER WEDGE CUT DETAIL
Construction Details
SSIH OIL AND SAND SEAL AT A.C. JOINTS
1 V2' A.C. SURFACE COURSE
FLUSH WITH OVERLAY
A.C. OVERLAY
EXISTING PAVEMENT
COSTING FRAME
COVER TO BE REUSED 4". EXISTING
STRUCTURE
EXISTING MANHOLE
1 V2' A.C. SURFACE COURSE
FLUSH WM-I OVERLAY
C. OVERLAY
FAST ING FRAME COVER
TO BE REUSED E(ISTING PAVEMENT
lip
115
10 7'0
4' MIN.
PRECAST ADJUSTING
RINGS (18' MAX.)
RAISED
EXISTING VALVE RAISED
k C. OVERLAY
MANHOLE /VALVE CASING ADJUSTMENT DETAIL
Construction Details
c
NEW PCC COLLAR
OW OR 8" CASING
3
MIN.
DETAIL 2A
RAISED VALVE BOX
NOT TO SCALE
OLD
SURFACE
a VALVE BOX
(NON G5 7YPE)
AC OVERLAY
(NEW AC PAVEMENT
FINAL GRADE)
2
(TYP)
DETAIL 2B
RAISED VALVE BOX
NOT TO SCALE
NEW FCC
COLLeiR
NEW CASING
EX 6" OR 8"
CASING
APPENDIX B
LOCATION MAP
AND
LIMITS OF PROJECT
Saratoga Avenue
Kerwin Ranch Court to Ranfre Ln
Limits of Overlay any
ROW
Scale 1"=200
0 200 400 600
A
Feet
800
Saratoga Avenue
Cox Avenue to Bucknall Road
Limits of Overlay
ROW
Scale 1"=200'
400
1
Saratoga Avenue
Bucknall Road to City Limit
Limits of Overlay
Scale 1"=200'
Feet;'`:
200 400 600 800
RECOMMENDED ACTION:
REPORT SUMMARY:
FISCAL IMPACTS:
SARATOGA CITY COUNCIL
LI FOR
MEETING DATE: July 29, 2009 AGENDA ITEM:
DEPARTMENT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: John Cherbone DIRECTOR: John Cherbone
Public Works Director
SUBJECT: Addition and Alteration to Fellowship Hall at the North Campus Notice of
Completion
Authorize the City Manager to sign the Notice of Completion during City Council summer break upon
completion of minor items of remaining work and satisfactory final inspections.
All work on the Addition and Alterations to the Fellowship Hall at the North Campus has been
completed by the City's contractor, CRW Industries, Inc. except remaining minor items. In addition,
Final Inspection by the County Department of Environmental Health (DEH) needed for the kitchen
approval has not been performed and is scheduled for the July 31
It is expected the contractor will complete all remaining items and the final approval by the County DEH
and the City Building Department will be issued by August 20` City Council will not meet during the
month of August.
Overall, the quality of construction completed through this contract was very favorable.
It is therefore recommended that the Council authorize the City Manager to sign the Notice of
Completion upon favorable final inspections and completion of minor items and accept the project as
complete. Further, it is recommended that the Council authorize staff to record the attached Notice of
Completion for the construction contract.
The City is holding 5% of the contract amount to ensure completion of the punch list items. Retention
funds will be released 30 days after the Notice of Completion has been recorded.
Page 1 of 2
.4
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The project would not be accepted as complete and staff would notify the contractor of any additional
work required by the City Council before the project would be accepted as complete.
ALTERNATIVE ACTION:
None in addition to the above.
FOLLOW UP ACTION:
Staff will record the Notice of Completion for the construction contract upon completion of remaining
items of work and certification of final inspection.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Notice of Completion.
Page 2 of 2
Recording requested by,
And to be returned to:
City of Saratoga
Public Works Department
13777 Fruitvale Avenue
Saratoga, CA 95070
CITY OF SARATOGA
Dave Anderson
City Manager
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the work agreed and performed under the contract mentioned
below between the City of Saratoga, a municipal corporation, whose address is 13777 Fruitvale
Ave., Saratoga, CA 95070, as Owner of property or property rights, and the Contractor
mentioned below, on property of the Owner, is accepted as complete by the Owner on or around
the day of 2009.
Contract Number: N/A
Contract Date: February 20, 2008
Contractor's Name: CRW Industries, Inc.
Contractor's Address: 1157 -B Dell Avenue, Campbell, CA 94008
Description of Work: Addition and Alteration to Fellowship Hall at the North Campus
Notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State
of California.
The undersigned certifies that he is an officer of the City of Saratoga, that he has read the
foregoing Notice of Acceptance of Completion and knows the contents thereof; and that the same
is true of his own knowledge, except as to those matters which are therein stated on the
infoiination or belief, as to those matters the he believes to be true.
I certify under penalty of perjury that the foregoing is true and correct. Executed at the City of
Saratoga, County of Santa Clara, State of California on 2009.
BY: ATTEST:
Ann Sullivan, City Clerk
Gov. Code 40814
MEETING DATE: July 1, 2009 AGENDA ITEM:
DEPARTMENT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: John Cherbone DIRECTOR: John Cherbone
SUBJECT: Storm Drain Easement Agreement with the Inn at Saratoga
RECOMMENDED ACTION: Authorize acceptance of storm drain easement agreement with the Inn at
Saratoga.
REPORT SUMMARY:
SARATOGA CITY COUNCIL
Earlier this year the Planning Commission approved various improvements to the Inn at Saratoga. Some
of those improvements are located above a City storm drain. For that reason, the Planning Commission
approval required the Inn to obtain the City's permission to build a structure over the stoiin drain. The
attached easement agreement provides that permission subject to requirements that the Inn bear all costs
associated with maintaining (and replacing if necessary) the portion of the storm drain under the Inn's
new structure. Because the easement is an interest in real property, the City's acceptance of the easement
agreement must be approved by the City Council.
FISCAL IMPACTS: None significant. The Inn at Saratoga is responsible for all easement maintenance
and repair costs.
FOLLOW UP ACTION:
Record the easement agreement.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Notice for this meeting.
ATTACHMENTS:
Storm Drain Easement Agreement
Page 1 of 1
RECORDING REQUESTED BY:
CITY OF SARATOGA
AFTER RECORDATION RETURN To:
CITY OF SARATOGA
Attn: City Clerk
13777 Fruitvale Avenue
Saratoga, CA 95070
STORM DRAIN EASEMENT AGREEMENT
THIS AGREEMENT is entered into by and among the Inn at Saratoga, Inc., a California
Corporation (hereinafter referred to as "Owner and the City of Saratoga (hereinafter referred to
as "City with reference to property located in the City of Saratoga, County of Santa Clara,
State of California known as Assessor's Parcel Number: 503 -24 -046 as described in more detail
in Exhibit A hereto (the "Property
RECITALS
A. Inn is the owner of record of the Property.
THIS SPACE FOR RECORDER'S USE
B. City holds a right of way and easement for storm drainage purposes as described
in the Grant Deed dated July 2, 1974 and recorded on July 3, 1974 as Document Number
4801876 in the Official Records of Santa Clara County in favor of the City (the "Easement
City currently owns and maintains an approximately 18 -inch diameter subterranean storm drain
pipeline (the "Storm Drain within the Easement. The Storm Drain is described in more detail
in Exhibit B hereto.
C. Owner has obtained regulatory approvals to construct an addition to an existing
structure on the Property (the "Improvements that would cover the Storm Drain and the land
subject to the Easement and substantially interfere with City's exercise of its rights under the
Easement. The Improvements are described in MOD 09 -0003 on file with the Community
Development Department of the City of Saratoga. This Agreement establishes the conditions
under which Owner may proceed with the Improvements notwithstanding their interference with
the Storm Drain and Easement.
D. This Agreement is solely intended for the protection and well -being of the City's
existing storm drain system within the Easement. This Agreement is in no way associated with
or in reference to other easements not owned by the City that may be affected by the
Improvements or Owner's related facilities.
1
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises
contained herein, the parties agree as follows:
1. Inn's Right to Develop Improvements. City hereby grants to Owner the right to
proceed with construction, operation, and maintenance of the Improvements subject to the
conditions herein.
2. Maintenance and Repair of Storm Drain. Owner shall take all steps to maintain,
repair, reconstruct, and replace (when reasonably necessary at the City's sole discretion), those
storm drain facilities of the City, including, but not limited to, the 18 inch diameter reinforced
concrete storm drain. Such maintenance and repair obligation shall include the obligation to
maintain, repair, reconstruct, and replace (when reasonably necessary at the City's sole
discretion) any appurtenances located within or immediately adjacent to the Stotni Drain. All
such work shall be performed and warranted to City standards, as deteiniined by City's Public
Works Director or his/her designee.
3. Annual Inspection of Storm Drain. At least once per year, Owner shall cause the
entire portion of the Storm Drain within the Property to be visually inspected by video. Within
thirty (30) days following said annual inspection, Inn shall provide a report to the City's Public
Works Director, or his designee :regarding the condition of the storm drain and associated
facilities including, but not limited to whether the inspection indicates that either routine or non
routine maintenance or repair work should be performed and which also identifies routine or
non routine maintenance or repair work which has been performed during the preceding year.
4. City's Right to Perform Maintenance and Repair Work. If Owner does not timely
perform its obligations under Paragraphs 2 and 3 of this Agreement after its receipt of written
notice from City and a reasonable opportunity to cure its default, then City shall have the right to
enter onto the Property and perform such work at Owner's expense. In addition, at any time that
City determines that an emergency condition exists, City reserves the right to enter onto the
Property without notice to Owner to perform such work as City may determine is necessary to
protect the public health and safety or to preserve its facilities. In either such event, City shall
take steps reasonably necessary to minimize damage to the Property; however, Owner is
responsible for any damage to the Property that may occur notwithstanding such efforts.
5. Indemnification. Owner shall defend, indemnify and hold harmless City and its
elected and appointed boards, officers, agents and employees from and against any and all
claims, liabilities, and losses of any nature whatsoever, including reasonable attorneys' fees and
costs, for damage to property or persons, including death, arising out of or in any way connected
with:
(a) The use, maintenance, reconstruction, replacement or operation of the
Improvements;
(b) The discharge of any type of pollutant from the Property to the City's
storm drain facilities; and
2
(c)
Any failure or collapse of or damage to the City's storm drain facilities
over which the Improvements are located. In the event of any such
failure, collapse or damage, Owner, in addition to defending,
indemnifying and holding the City hainiless, shall also reimburse the City
for all its costs, direct and indirect, to reconstruct said storm drain
facilities.
The aforesaid indemnity obligation shall apply regardless of the fault or negligence of the
indemnitor or indemnitees, excepting only that said indemnity obligation shall not apply if the
claim, liability, or loss arises out of the sole, active negligence of the City.
6. Successors and Assigns; Limitation on Inn's Rights and Obligations. This
Agreement and the covenants made herein shall inure to the benefit of and be binding on the
successors, assigns, heirs and legal representatives (collectively, the "Successors of the parties
hereto. Neither Owner nor any Successor of Owner shall assign or transfer its interest in the
Property to any person or entity that does not have the financial capability of performing
Owner's obligations hereunder. Owner shall notify City of any such transfer or assignment
within thirty (30) days of said transfer or assignment. Any Successor of Owner shall execute a
written acknowledgement consenting to the terms, conditions and obligations of this Agreement.
7. Covenants to Run. The parties hereby covenant and agree that this Agreement
shall run with the land and be binding upon themselves, their successors, assigns, heirs and legal
representatives and shall continue in effect for so long as the Improvements remain located on or
in the vicinity of the City's storm drain facilities. The burden of the covenants herein shall be on
the responsible party's interest in the Property, and the benefits shall run in favor of the City.
This Agreement shall be recorded against the Property in the records of the Recorder of Santa
Clara County.
8. No Effect on Other Obligations. Nothing in this Agreement is intended to transfer
to the City or otherwise release Owner or its respective successors and assigns from any liability
which any of them may now or in the future have under federal, state or local laws or regulations
relating to the discharge or release of any type of pollutant from or onto the Property, whether or
not such discharge or release is in compliance with any City requirement.
9. Attorneys' Fees. In the event that any action or proceeding is brought arising out
of or in connection with this Agreement, the prevailing party shall be entitled to recover its
reasonable attorneys' fees incurred both at trial and on appeal, including any necessary costs,
expenses and expert fees.
10. Teimination. This Agreement may be terminated only by City and only upon a
material breach of this Agreement by Owner or a Successor of Owner and the failure by Owner
or its Successor to cure said breach within a reasonable time after receipt of written notice from
City that states the nature of the breach and the action required to be taken to cure said breach.
11. Effective Date, Entire Agreement; Modifications in Writing. This Agreement
shall become effective upon the date a duly executed and acknowledged original of this
Agreement is recorded in the Official Records of the Recorder of Santa Clara County.This
3
Agreement constitutes the entire understanding and agreement of the parties with respect to the
subject matter set forth herein arid supersedes all previous negotiations, discussions and
agreements between the parties with respect to all or part of the subject matter hereof. This
Agreement may be terminated or modified only by a written agreement executed by the parties
hereto, or by their respective successors in interest.
12. Authority to Execute. Each of the signatories hereto warrants and represents that
he or she has the authority to sign this agreement and to bind any party on whose behalf said
signature is made and/or to bind any property with respect to which said signature is made.
EXECUTED in the County of Santa Clara, State of California, as of the day and year first
above written.
Dated: o
ATTEST:
By:
Dated:
200
Exhibits
Exhibit A Property Description
Exhibit B Storm Drain Description
PASARATOGA \Contracts \Inn Encroachment Easement (Draft 06- 02- 09).doc
4
CITY OF SARATOGA,
a municipal corporation,
Mayor
APPROVED AS TO FORM
City Attorney
The Inn at Saratoga,
a California corporation
Kwan M. ee
By:
Its:
Al that certain real property situated in the County of Santa Clara, State of
California, described as follows:
(City of Saratoga)
PARCEL ONE:
Parcel "A" as shown on that Parcel Map filed for record in the office of the
Recorder of the County of Santa Clara, State of California, on September 12,
1984, in Book 533 of Maps, Pages 46 and 47.
PARCEL TWO:
An easement to use the airspace over ten (10) feet or more above the finish
grade for pedestrian access by aerial walkways, and as granted in the Deed to
Samuel L. Tyler, et al, recorded January 14, 1974, in Book 0723, Page 590,
Official Records.
Assessor's Parcel Number 503 -24 -046
Ir•l r.,q r, F: pOtr I7
EXHIBIT A
An easement for the purposes shown below and rights incidental thereto as shown or as
offered for dedication on the recorded map shown below.
Map:
Recorded
Easement purpose:
Affects:
EXHIBIT B
Parcel Map
September 12, 1984, Book 533 of Maps, Page 46 and 47
Storm drain
A strip of and 10 feet in width; exact location to be determined, as
per map
Easement purpose: Flood control and /or storm drain
Affects: The westerly portion, as more fully described on said map
Easement purpose: Encroachments
Affects: As more fully described on sad map
OWNER'S CER/I V i OM".
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PARCEL MAP
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'FARCE- MAP" RdcO11000 IN 8000. 340 0P MAPS AT PAGE la
BANTA CLARA COUNTY RaGORCB ANO LYING WITHIN TM
CITY OF SARATOGA,CALIFORNIA
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10.8 00••MON7 AvNU• Lea..
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CALIFORNIA ALL PURPOSE ACKNOWLEDGMENT
ai.�aa: �..q "a?S ''�.C:oa...�la.•�a: �i. �S.a? 4.:
State of California
County of 5:AfiA:
On before me, 1'L61
Date Here Insert Name and Title of the Officer
M k
Name(s) of Signer(s)
(e[,'Ic9(
personally appeared
.LAMA t. R1lil .OI
Conrnlunlen 17 7Pw►
Olology Public CollIorrda
iaMO Clare Cauo•►
Signer Is Representing:
Place Notary Seal Above
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
Individual
Corporate Officer Title(s):
Partner Limited General
Attorney in Fact
Trustee
0 Guardian or Conservator
Other:
er4nse -y a a 'ee _day �O' <-y <•e.
'za
Signature
OPTIONAL
Top of thumb here
Signer Is Representing:
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is /are subscribed to the
within instrument and acknowledged to me that
he /she /they executed the same in his /her /their authorized
capacity(ies), and that by his /her /their signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS m hand and official seal.
Signature of Notary Public
Signer's Name:
Individual
Corporate Officer Title(s):
Partner Limited General
Attorney in Fact
Trustee
Guardian or Conservator
Other:
RIGHTTHUMBPRINT
OF SIGNER
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02007 National Notary Association 9350 De Soto Ave., P.O. Box 2402 Chatsworth, CA 91313 -2402 www.NationalNotary.org Item 85907 Reorder: Call Toll -Free
800- 876 -6827
REPORT SUMMARY:
FISCAL IMPACTS:
SARATOGA CITY COUNCIL
MEETING DATE: July 29, 2009 AGENDA ITEM:
DEPARTMENT:. Public Works CITY MANAGER: Dave Anderson
PREPARED BY: John Cherbone DIRECTOR: John Cherbone
Public Works Director
SUBJECT: Kevin Moran Park Improvement Project Notice of Completion
RECOMMENDED ACTION:
1. Move to accept the Kevin Moran Park Improvement Project as complete and authorize staff to record
the Notice of Completion for the construction contract.
2. Move to adopt Budget Resolution.
3. Amend Construction Contract with B &B Landscape Contractors, Inc. in the amount of $27,050.
All work on the Kevin Moran Park Improvements has been completed by the City's contractor, B &B
Landscape Contractors, Inc. of San Jose and has been inspected by City inspectors. The scope of work
consisted of supplying all labor, equipment and materials to replace 4 acres of remnant orchard trees on
the north and south ends of the park with developed park uses and the construction of new park facilities,
including a tennis court, half basketball court, two bocce courts, rolling and gently sloping and flat grass
areas, picnic areas, a meditation garden, a screened area for storage of sports equipment, associated park
facilities, and a restroom.
Overall, the quality of construction completed through this contract was very favorable.
It is therefore recommended that the Council accept the project as complete. Further, it is recommended
that the Council authorize staff to record the attached Notice of Completion for the construction contract.
A budget resolution amending the project budget is attached. The amendment is necessary because final
unit quantities for some bid items were greater than estimated bid quantities. The final cost of
construction was $1,379,056 or approximately 5% ($67,050) over the awarded contract amount of
$1,312,006. The initial construction contingency for this project was less than 1% of contract amount or
$11,717 whereas a normal construction contingency for complex projects is a minimum of 10% or in the
case of Kevin Moran Park $131,200.
Page 1 of 2
There are three projects in the CIP, the Teerlink Trail Repair Project, Trail Segment #3 Repairs, and
Trail /Park Repairs, which are complete and have remaining funds available. These funds can be
transferred to the Kevin Moran Park Project in order to finalize the project.
Retention funds will be released 30 days after the Notice of Completion has been recorded.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The project would not be accepted as complete and staff would notify the contractor of any additional
work required by the City Council before the project would be accepted as complete.
ALTERNATIVE ACTION:
None in addition to the above.
FOLLOW UP ACTION:
Staff will record the Notice of Completion for the construction contract.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
1. Notice of Completion.
2. Budget Resolution.
Page 2 of 2
Recording requested by,
And to be returned to:
City of Saratoga
Public Works Department
13777 Fruitvale Avenue
Saratoga, CA 95070
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN that the work agreed and perfoiined under the contract mentioned
below between the City of Saratoga, a municipal corporation, whose address is 13777 Fruitvale
Ave., Saratoga, CA 95070, as Owner of property or property rights, and the Contractor
mentioned below, on property of the Owner, was accepted as complete by the Owner on or
around the 29th day of July, 2009.
Contract Number: N/A
Contract Date: October 2, 2008
Contractor's Name: B B Landscape Contractors, Inc.
Contractor's Address: 450 Phelan Avenue, San Jose, CA 95112
Description of Work: Kevin Moran Park Improvements
Notice is given in accordance with the provisions of Section 3093 of the Civil Code of the State
of California.
The undersigned certifies that he is an officer of the City of Saratoga, that he has read the
foregoing Notice of Acceptance of Completion and knows the contents thereof; and that the same
is true of his own knowledge, except as to those matters which are therein stated on the
information or belief, as to those matters the he believes to be true.
I certify under penalty of perjury that the foregoing is true and correct. Executed at the City of
Saratoga, County of Santa Clara, State of California on 2009.
CITY OF SARATOGA
BY: ATTEST:
Dave Anderson
City Manager
Ann Sullivan, City Clerk
Gov. Code 40814
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2009/10
TO PROVIDE FUNDING FOR THE KEVIN MORAN PARK IMPROVEMENT PROJECT
WHEREAS, the City Council desires to finalize the Kevin Moran Park Improvement Project in
the City; and
WHEREAS, additional financing in the amount of $27,050 is needed for the completion of said
project; and
Account Description
To appropriate additional expenditures for the Kevin Moran Park Improvement Project
KMP Improvement Project Exp Appropriation:
To transfer funds firom Teerlink Trail Repair, Trail Segment #3, and the Park Trail Repairs projects to
the Kevin Moran Park Improvement Project.
Teerlink Trail Repair Project Transfer Out (close)
Trail Segment #3 Transfer Out (close)
Park Trail Repairs Transfer Out
Kevin Moran Park Improvements Transfer In:
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga
hereby approves the above adjustments to the Fiscal Year 2009/10 Capital Improvement Budget.
BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and adopted at
a regular meeting of the Saratoga City Council held on 30th day of July 2009 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Attest:
RESOLUTION NO.
WHEREAS, it is necessary to make adjustments to the Fiscal Year 2009/10 budget as follows:
Ann Sullivan, City Clerk
Account# Amount
412.9237.001.81161 27,050
412.9275- 001.99999
412.9276 001.99999
412- 9211 001.99999
412.9237- 001.49999
Chuck Page, Mayor
City of Saratoga
(14,850)
$(7,912)
(4,288)
27,050
MEETING DATE: July 30, 2009
DEPARTMENT: City Manager's Office
PREPARED BY: Crystal Morrow
Administrative Analyst II
SUBJECT: Taste of Saratoga Exhibitor Space for the Saratoga City Council
RECOMMENDED ACTION:
Accept report and approve funding for a City Council exhibitor space at the Chamber of
Commerce's Taste of Saratoga Fine Art and Wine Festival.
BACKGROUND:
During the July 15, 2009 City Council Meeting, Councilmember Miller proposed that the City
Council allocate funds to secure an exhibitor space at the Taste of Saratoga Fine Art and Wine
Festival. This event, which is scheduled on September 12, 2009 from 12:00 p.m. to 8:00 p.m.,
will feature live music, locally produced wines, art, and a variety of exhibitor booths.
Taste of Saratoga is a popular Saratoga event and hosting a booth at the Art and Wine Festival
will help the City Council to achieve outreach goals discussed at the Council Retreat in January
2009, including attaining greater visibility in the community, increasing opportunities for
residents to connect with the Council, and providing information to citizens about City services
or programs. To ensure that there is a Council presence at the exhibitor booth throughout the
day, Councilmembers can choose to take 2 hour shifts. Additionally, information available at the
booth may include plans for upcoming Public Works projects, the Recreation Activity Guide,
and descriptions other services provided by the City. The Council may also want to consider
partnering with some of the City's Commissions, including the Parks and Recreation and Library
Commissions, that have an interest in public outreach and citizen engagement.
FISCAL IMPACTS:
SARATOGA CITY COUNCIL
The cost of reserving an exhibitor space at Taste of Saratoga is $250 for Chamber of Commerce
members. This fee includes a $100 clean up deposit that will be refunded to the City if the
exhibitor space is cleaned after the event. Monies in the Community Event Fund can be used to
cover the cost of the exhibitor space.
Page 1 of 2
AGENDA ITEM:
CITY MANAGER: Dave Anderson
DIRECTOR: Barbara Powell
Assistant City Manager
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
Funding will not be allocated to cover the cost of a City Council booth at Taste of Saratoga.
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
Implement Council direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Attachment A: Taste of Saratoga Exhibitor Space Application
Taste of Saratoga 2009
Fine Art and lestivaC
SARATOGA CHAMBER OF COMMERCE
14485 Big Basin Way Saratoga, CA 95070
408 867 -0753 Fax 408 867 -5213 www.saratogachamber.org
Saturday, September 12th, 2009
12pm -8pm
Downtown Saratoga on Big Basin Way
Exhibitor Space Application
Business Name: Category:
Address: City: Zip:
Email: Fax:
Contact Name: Phone:
Chamber members $250
Non members $300
Refundable Clean Up Deposit Included
If your space is left clean, $100 of the amount will be REFUNDED mailed to you after event.
You will receive a 10'X 10' space on the street
(If interested in membership, please call the Chamber)
Please make checks payable to the Saratoga Chamber of Commerce and mail to:
14485 Big Basin Way
Saratoga, CA 95070
Please fax or e -mail to:
40S -867 -5213 or
Info @s aratog achamb er. org
TOTAL:
Name on Card: We except Visa MasterCard ONLY.
Card Number: Expire: Security Code:
Authorized Signature:
Reminder: We provide only the 10'X10' space
you must provide any tables, chair, umbrellas, and/or displays for your work.
Bidders Checklist
All forms must be properly si• ned and returned with Bid
Statement of Experience and Qualifications (page 573-
Bid Form (page 60)
Bid Surety (page 64)
Certificate Regarding Workers Compensation (page 82)
Non Collusion Affidavit (page 83 and page 104)
Proposed Major Material Suppliers (page 84)
Proposed Subcontractors (page 85)
Affidavit Concerning Conflicts of Interest and Noncompetitive Practices (page 86)
Fair Employment Practices Certificate (page 87)
Contractor's Response Form (page 91)
Certification Concerning Control of Employee of Contractor (page 92)
Equal Employment Opportunity. Certification (page 93)
Debarment and Suspension Certificati
Nonlobbying Certificati OM 06)
o• eying Activities (page 107)
LOCAL AGENCY BIDDER -UDBE COMMITMENT (CONSTRUCTION CONTRACTS)
INFORMATION (LOCAL ASSISTANCE PROCEDURES MANUAL Exhibit 15 -G (1)) (page 110)
EXHIBIT 15 -H UDBE INFORMATION -GOOD FAITH EFFORTS (LOCAL ASSISTANCE
PROCEDURES MANUAL EXHIBIT 15 -H) (page 120)
BIDDER'S LIST (49 CFR, Part 26.11) (LOCAL ASSISTANCE PROCEDURES MANUAL EXHIBIT 12-
G) (page 127)
81
Successful Bidder Checklist
All forms must be properly signed and returned.
Provide three copies of proof of insurance naming the City of Saratoga as an additional insured
and evidencing the coverage's and limits specified in Section T Insurance, Pages 31 -36.
Provide three copies of Faithful Performance Bond either directly or on forms similar to those on
pages 66 -69.
Provide three copies of Labor and Material Bonds either directly or on forms similar to those on
pages 70 -73.
On page 75 under Contract Sum:, include the contract amount (spelled out and number form)
On Page 77, include address for notices to the contact.
Sign the contract signature page on page 79.
LOCAL AGENCY BIDDER -DBE INFORMATION (CONSTRUCTION CONTRACTS)
INFORMATION (LOCAL ASSISTANCE PROCEDURES MANUAL Exhibit 15 -G (2)) page 114
DISADVANTAGE BUSINESS ENTERPRISES (DBE) CERTIFICATION STATUS CHANGE
(LOCAL ASSISTANCE PROCEDURES MANUAL EXHIBIT 17 -0) page 117
FINAL REPORT UTILIZATION OF DISADVANTAGE BUSINESSES (LOCAL ASSISTANCE
PROCEDURES MANUAL EXHIBIT 17 -F) page 124
AMERICAN RECOVERY AND REINVESTMENT ACT (ARRA) FUNDS REQUIRED
PROVISIONS (LOCAL ASSISTANCE PROCEDURES MANUAL EXHIBIT 12 -E Attachment
0) page 130
Make work available to UDBEs and select work parts consistent with available UDBE subcontractors
and suppliers.
Meet the UDBE goal shown in the Notice to Bidders or demonstrate that you made adequate good faith
efforts to meet this goal.
It is your responsibility to verify that the UDBE firm is certified as DBE at date of bid open ing. For a
list of DBEs certified by the California Unified Certification Program, go to:
http://www.dot.ca.gov/hq/bep/find_certified.htm
Only UDBE participation will count towards the UDBE goal. DBE participation will count towards the
Agency's Annual Anticipated DBE Participation Level and the California statewide goal.
Credit for materials or supplies you purchase from UDBEs counts towards the goal in the following
manner:
96
1. 100 percent counts if materials or supplies are obtained from a UDBE manufacturer.
2. 60 percent counts if the materials or supplies are obtained from a UDBE regular dealer.
3. Only fees, commissions, and charges for assistance in the procurement and delivery of materials or supplies count if
obtained from a UDBE that is neither a manufacturer or regular dealer. 49 CFR 26.55 defines "manufacturer" and
"regular dealer."
You receive credit towards the goal if you employ a UDBE trucking company that performs a
commercially useful function as defined in 49 CFR 26.55.
UDBE Commitment Submittal
Submit UDBE information: on the. "Local Agency Bidder -UDBE Commitnaent (Construction
Contracts)," Exhibit 15 -G(1), form included in the Bid book. If the form is not submitted with the bid,
remove the form from the Bid book before submitting your bid:
If the UDBE Commitment: form is not submitted with the bid, the apparent low. bidder, the 2nd low
er, and the 3rd low bidder must complete and submit e UDB ommitment orm to le Agency.
UD13E Commitment form must be received by the Agency no later than 4:00 p.m. on the 4th business
day after bid opening.
II
bi
Other bidders do not need to submit the UDBE Commitment form unless the Agency requests it. If the
Agency requests you to submit a UDBE Commitment form, submit the completed form within 4
business days of the request.
Submit written confirmation from each UDBE stating that it is participating in the contract. Include
confirmation with the UDBE Commitment form. A copy of a UDBE's quote will serve as written
confirmation that the UDBE is participating in the contract.
If you do not submit the UDBE Commitment form within the specified time, the Agency finds your bid
nonresponsive.
Good Faith Efforts Submittal