BID PACKAGE FOR CONSTRUCTION ON COUNTY ROAD IN INYO COUNTY INDEPENDENCE TOWN ROADS REHABILITATION PROJECT RPL- 5948(065)

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1 BID PACKAGE FOR CONSTRUCTION ON COUNTY ROAD IN INYO COUNTY INDEPENDENCE TOWN ROADS REHABILITATION PROJECT RPL- 5948(065) On Market, North Clay, Park, Payne, Rosedale, and Washington Streets in the town of Independence.. FOR USE IN CONNECTION WITH STANDARD PLANS AND STANDARD SPECIFICATIONS, DATED MAY 2006, OF THE CALIFORNIA DEPARTMENT OF TRANSPORTATION, AND GENERAL PREVAILING WAGE RATES AND LABOR SURCHARGE AND EQUIPMENT RENTAL RATES IN EFFECT ON THE DATE THE WORK IS ACCOMPLISHED PROJECT NO. RPL- 5948(065) Prepared by: Inyo County Public Works Department

2 INDEPENDENCE TOWN ROADS REHABILITATION PROJECT PROJECT NO. RPL-5948(065) TABLE OF CONTENTS NOTICE INVITING BIDS BID PROPOSAL FORMS Bid Proposal Form Bid Item List Designation of Subcontractors Certification Regarding Equal Employment Opportunity Public Contract Code Section Statement Public Contract Code Section Questionnaire Public Contract Code Section Statement Public Contract Code Section 7106 Non-Collusion Affidavit Contractor s Labor Code Certification Cashier's or Certified Check Form Bid Bond CONTRACT AND BONDS Contract Faithful Performance Bond Labor and Materials Bond

3 NOTICE INVITING BIDS FOR INDEPENDENCE TOWN ROADS REHABILITATION PROJECT On Market, North Clay, Park, Payne, Rosedale, and Washington Streets in the town of Independence.. PROJECT NO. RPL- 5948(065) FEBRUARY 2013

4 COUNTY OF INYO ROAD DEPARTMENT NOTICE INVITING BIDS PROJECT NO. RPL 5948(065) The Inyo County Road Department is soliciting bids for: INDEPENDENCE TOWN ROADS REHABILITATION PROJECT The project location is briefly described below: On Market, North Clay, Park, Payne, Rosedale, and Washington Streets in the town of Independence. Bid packages, which include the notice inviting bids, bid proposal forms, contract and bond forms, special provisions, and plans may be obtained only from the Inyo County Public Works Department, 168 North Edwards Street, P.O. Drawer Q, Independence, CA 93526, telephone (760) The bid packages are also available for inspection at the department offices during regular business hours. There will be a non-refundable charge of $55.00 for hard copies of a full-size (24 x 36 ) set of the plans, special provisions, and the bid package. There will be a non-refundable charge of $25.00 for hard copies of a reduced-size (11 x 17 ) set of the plans, special provisions, and the bid package. Checks are to be made out to Inyo County Public Works Department. Bid packages are also available at no charge at the County of Inyo website at Bidders who obtain bid packages over the Internet are responsible for notifying the county that they are plan holders. Bidders who do not notify the county that they are plan holders may not be notified of any addenda that are issued. If the county issues any addenda to the bid package that are not acknowledged by the bidder, the bid proposal may be rejected. Information about onsite materials is described in the report entitled Subsurface Investigation and Pavement Design Report for the, dated January 14, 2013, prepared by Eastern Sierra Engineering. The report is included in the Appendix to the Special Provisions for the project. Bids must be delivered in a sealed envelope clearly marked thereon with the bidder's name and address, the word BID, and the project title - INDEPENDENCE TOWN ROADS REHABILITATION PROJECT To be considered, bids must be received by the assistant clerk to the Inyo County Board of Supervisors, 224 N. Edwards Street (mailing address: P.O. Box N), Independence, CA at or before 3:00 P.M., on March 8, 2013 at which time they will be publicly opened and read. No oral, telegraphic, telephonic, or fax proposals or modifications will be accepted. Notice Inviting Bids Page 1

5 General Work Description: The objective of the project is to improve the pavement condition on North Clay, Market, Washington, Payne, Park and Rosedale Streets in Independence. The scope of work for the project generally consists of the placement and maintenance of construction area signs; the preparation and implementation of a traffic control plan; the preparation and implementation of a storm water pollution prevention plan; pulverization of asphalt concrete pavement and native material on the center 24-foot width of the streets; the installation of 2 inches of new hot-mix asphalt pavement on the center 24- foot width; sealing random cracks and installing a hot-mix asphalt leveling course on existing pavement that will not be pulverized; the installation of a seal coat (chip seal) on the entire 60-foot width of the streets; the installation of concrete ADA ramps at intersections with existing sidewalks; installing new drop inlets; replacing roadside signs; and painting pavement markings as shown on the plans and as described in the special provisions. The bid also includes additive items to install a fog seal on the entire roadway width, and to replace two additional drop inlets, and CMP storm drain pipe. Bids shall conform to and be responsive to the contract documents, which include the notice inviting bids, bid proposal forms, contract and bond forms, Department of Transportation Standard Specifications, dated May, 2006, Department of Transportation Standard Plans, dated May, 2006, special provisions, project plans, and current edition of the Manual of Uniform Traffic Control Devices, and any other documents incorporated therein by reference. Bids are required for the entire work described in the contract documents. Each bid must be submitted on the bid proposal forms furnished as part of the bid package. General requests for information, such as how to order bid packages or soils reports, or information such as the engineer s estimate, plan holders list, bid results or summaries, subcontractor lists, or similar information should be directed to the receptionist at the Inyo County Public Works Department at Technical questions related to engineering, site conditions, materials, construction methods, or testing should be directed to Lynn Flanigan of the Public Works Department at lflanigan@inyocounty.us. No prebid meeting has been scheduled for this project. Each bid must be accompanied by a cashier's check, a certified check, or a bidder's bond from an admitted corporate surety on the form provided in the bid package, in an amount not less than 10% of the amount of the bid, and made payable to the County of Inyo. If the notice inviting bids and bid proposal forms require or permit each bid to include additive item prices, the amount of the bid bond or check must be not less than 10% of the amount of the bid plus all of the additive bid items. The check or bidder s bond shall be given as security that the bidder will enter into the contract with the county and furnish the required labor and materials payment bond, faithful performance bond, certificates of insurance, or other required documents, if the bid is accepted. The check or bond will be forfeited to the county if the bidder fails to timely enter into said contract or furnish the required bonds, certificates of insurance, or other required documents. The check or bidder s bond may be retained by the county for sixty (60) days or until the contract is fully executed by the successful bidder and the county, whichever occurs first. The basis of award will be the responsive, low-bid amount indicated for the base bid scope of work. The successful bidder shall be required to furnish a faithful performance bond and a labor and materials payment bond on the forms provided in the bid package and in the amount of 100% of the maximum contract amount. Notice Inviting Bids Page 2

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7 BID PROPOSAL FORMS FOR INDEPENDENCE TOWN ROADS REHABILITATION PROJECT On Market, North Clay, Park, Payne, Rosedale, and Washington Streets in the town of Independence. PROJECT NO. RPL- 5948(065) FEBRUARY 2013 ENCLOSURES: Bid Proposal Form Bid Item List Designation of Subcontractors Certification Regarding Equal Employment Opportunity Public Contract Code Section Statement Public Contract Code Section Questionnaire Public Contract Code Section Statement Public Contract Code, Section 7106 Non-Collusion Affidavit Contractor's Labor Code Certification Cashier's or Certified Check Form Bid Bond

8 BID PROPOSAL FORM To: COUNTY OF INYO Road Department 168 N. Edwards Street Independence, California (Herein called the "Owner") From: (Herein called the "Contractor"). FOR: INDEPENDENCE TOWN ROADS REHABILITATION PROJECT PROJECT NO. RPL 5948(065) (Herein called Project ) Bids will be opened at 3:00 P.M., on March 8, 2013 at the assistant clerk to the Inyo County Board of Supervisor's office, 224 N. Edwards Street, Independence, CA This bid includes all costs for all labor, materials, tools, taxes, insurance, transportation, and other related functions to perform all work as required by, and in accordance with, the contract documents for the INDEPENDENCE TOWN ROADS REHABILITATION PROJECT. The bidder must submit a total bid for all of the items included in the bid schedule. In submitting this bid, it is understood that: 1. The notice inviting bids; these bid proposal forms; the contract and bond forms; the special provisions; the Department of Transportation Standard Plans, dated May, 2006; the Department of Transportation Standard Specifications, dated May, 2006; the current edition of the Manual of Uniform Traffic Control Devices, and the project plans; including any documents incorporated therein, are to be considered complementary and are incorporated herein by reference and made a part hereof with like force and effect as if all of said documents were set forth in full herein. All of said documents, which include these bid proposal forms, are referred to collectively as the contract documents and shall constitute the contract between the parties that will come into full force and effect upon acceptance, approval, and execution by the Inyo County Board of Supervisors. 2. The contract for the INDEPENDENCE TOWN ROADS REHABILITATION PROJECT requires the contractor to perform a complete and finished resurfacing of the roadway and additional associated work. Anything necessary to complete this work properly and in accordance with the law and lawful governmental regulations, shall be performed by the contractor, whether set out specifically in the contract documents or not. 3. The contractor, if its or his/her bid is accepted, will furnish the required bonds and certificates of insurance and other required documents as described in the contract documents. Bid Proposal Forms Page 1

9 In submitting this bid, the contractor has familiarized itself or himself/herself with the bid package which includes the notice inviting bids; the bid proposal forms; the contract and bond forms; the special provisions; the Department of Transportation Standard Plans, dated May, 2006; Department of Transportation Standard Specifications, dated May 2006; the current edition of the Manual of Uniform Traffic Control Devices, and the project plans. Contractor further agrees in submitting this bid to perform all the work in accordance with the contract documents within 60 working days as required in Section 4, "Beginning of Work, Time of Completion and Liquidated Damages," of the special provisions. The undersigned has/have checked carefully the following figures and understand(s) that the County of Inyo will not be responsible for any errors or omissions on the part of the undersigned in making this bid. Attached as a part of this bid is a bid bond from an admitted corporate surety on the form provided in the bid package ( ), or a certified or cashier's check ( ), in an amount not less than 10% of the amount of the bid submitted, either of which it is agreed, pursuant to the notice inviting bids and the bid proposal forms, shall be forfeited to or retained by the County of Inyo if the undersigned fails to execute the contract, or furnish the required bonds, certificates of insurance, and other required documents within fifteen (15) calendar days after written notice of the award of contract. Also attached as a part of this bid is the bid proposal form; bid item list; designation of subcontractors; Certification Regarding Equal Employment Opportunity; Public Contract Code Section Statement; Public Contract Code Section Questionnaire; Public Contract Code Section Statement; noncollusion affidavit; Contractor's Labor Code Certification; and either (a) cashier's or certified check form, or (b) bid bond form. These documents have been completed and signed as required on the forms provided in the bid package. The bidder's signature on this proposal constitutes an endorsement and execution of each and every certification and declaration that is contained in these documents, and bidder s promise to perform and abide by the terms of these documents. The meanings of words used in these bid proposal forms are the same as set forth in Section , Definitions and Terms, of the special provisions relating to this project. ACCEPTANCE: The owner reserves the right to reject this bid. However, this bid shall remain open and shall not be withdrawn for a period of sixty (60) calendar days from the date set for its opening. If written notice of the acceptance of this bid is mailed or delivered to the undersigned within sixty (60) calendar days after the date set for its opening, or at any other time thereafter before it is withdrawn, the undersigned will execute and deliver the contract, bonds, certificates of insurance, and other required documents, to the owner within eight (8) working days, not including Saturdays, Sundays, and legal holidays, after receipt of the notification of acceptance of this bid (notification of award of contract). The bidder shall set forth for each unit basis item of work an item price and a total for the item; and for each lump sum item, a total for the item; all in clearly legible figures in the respective spaces provided for this purpose. In the case of unit basis items, the amount set forth under the "Total" column shall be the extension of the item price bid on the basis of the estimated quantity for the item. The amount of the bid for comparison purposes will be the total of all items listed in the base bid schedule. In case of discrepancy between the item unit price and the total set forth for a unit basis item, the item price shall prevail, except as provided in (a) or (b), as follows: (a) If the amount set forth as an item price is unreadable or otherwise unclear, or is omitted, or is the same amount as the entry in the item "Total" column, then the amount set forth in the "Total" column Bid Proposal Forms Page 2

10 for the item shall prevail and shall be divided by the estimated quantity for the item and the unit price thus obtained shall be the item price. (b) (Decimal Errors): If the product of the entered item price and the estimated item quantity is exactly off by a factor of ten, one hundred, etc., or one-tenth, or one-hundredth, etc., from the entered item total, the discrepancy will be resolved by using the entered item price or item total, whichever most closely approximates percentage-wise the item price or item total in the engineer s estimate. The undersigned, as bidder, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is made without collusion with any other person, firm, or corporation; that he/she has carefully examined the location of the proposed work, the contract and bond forms, and the plans therein referred to; and he/she proposes, and agrees if this proposal is accepted, that he/she will contract with the County of Inyo, on the contract form provided in the bid package, to provide all necessary machinery, tools, apparatus and other means of construction, and to do all the work and furnish all the materials specified in the contract, in the manner and time therein prescribed, and according to the requirements of the engineer as therein set forth; and that he/she will take in full payment therefor the following item prices: Bid Proposal Forms Page 3

11 BIDDER S COMPANY NAME BASE BID ITEM LIST INDEPENDENCE TOWN ROADS REHABILITATION PROJECT PROJECT NO. RPL-5948(065) ABBREVIATIONS: LS = LUMP SUM SF = SQUARE FEET CY = CUBIC YARD LF = LINEAR FEET HMA = HOT MIX ASPHALT SY = SQUARE YARD EA = EACH STA = STATION ITEM NO. SPECIAL PROVISION SECTION DESCRIPTION CONSTRUCTION AREA SIGNS UNIT MEAS. EST. QUAN ITEM PRICE LS 1 $ $ TRAFFIC CONTROL LS 1 $ $ WATER POLLUTION CONTROL LS 1 $ $ RECONSTRUCTED BASE SY 32,699 $ $ TOTAL DOLLARS SEAL RANDOM CRACKS LM 4.6 $ $ HMA LEVELING COURSE TYPE A (1/2 PG 64-28) HMA TYPE A ¾ (STANDARD PG 64-28) ASPHALTIC EMULSION (PMRS2h OR PMCRS2h) SCREENINGS (MEDIUM 3/8 MAXIMUM) MINOR CONCRETE (CURB RAMP) REMOVE/REPLACE DROP INLET 24 X 24 X 36 TON 100 $ $ TON 3,668 $ $ TON 100 $ $ TON 1,000 $ $ EA 16 $ $ EA 1 $ $ REPLACE ROADSIDE SIGN EA 11 $ $ ADJUST CS MONUMENT TO GRADE ADJUST UTILITY COVER TO GRADE PAINT TRAFFIC STRIPES (2-COATS) EA 21 $ $ EA 25 $ $ LF 2,583 $ $ Bid Proposal Forms Page 4

12 BASE BID ITEM LIST (CONTINUED) INDEPENDENCE TOWN ROADS REHABILITATION PROJECT PROJECT NO. RPL-5948(065) BIDDER S COMPANY NAME PAINT PAVEMENT MARKING (2-COATS) RECONSTRUCT SHOULDER (MARKET STREET) SY 72 $ $ SY 315 $ $ TOTAL BASE BID (IN NUMBERS) TOTAL BASE BID (IN WORDS ) REVIEWED AND CHECKED BY: (For County Use) ADDITIVE BID ITEM LIST FOG SEAL - ASPHALTIC EMULSION (66,572 SY) TN 30 $ $ ADDITIVE BID ITEM LIST RECONSTRUCT SHOULDER (PAYNE BETWEEN JACKSON AND CLAY) HMA TYPE A ¾ (STANDARD PG 64-28) (SHOULDER OF PAYNE) R/R DROP INLET (PAYNE - 24 X 24 X 36 R/R 12 DIA. CMP STORM DRAIN PIPE (PAYNE) REMOVE CURB & GUTTER (PAYNE) SY 215 TN 30 EA 2 LF 385 LF 130 Bid Proposal Forms Page 5

13 TIME OF COMPLETION: The undersigned further specifically agrees to complete all the work within sixty (60) working days as required by Section 4 of the Special Provisions. BID SECURITY: The required ten percent (10%) Bid Security for this bid is attached in the form of: (Note: Check and complete one of the following items) ( ) Bid bond issued by, an admitted corporate surety on the form provided in the bid package. ( ) Certified/cashier's check No. issued by ADDENDA: The undersigned acknowledges receipt of the following addenda and has provided for all addenda changes in this bid. (Fill in addendum numbers and dates addenda have been received. If none have been received, enter "NONE".) WARNING: IF AN ADDENDUM OR ADDENDA HAVE BEEN ISSUED BY THE COUNTY AND NOT NOTED ABOVE AS BEING RECEIVED BY THE BIDDER, THIS PROPOSAL MAY BE REJECTED. Bid Proposal Forms Page 6

14 BIDDER'S BUSINESS INFORMATION: IMPORTANT NOTICE: If bidder or other interested person is a corporation, state legal name of corporation and names of the president, secretary treasurer, and manager thereof; if a copartnership or joint venture, state the true name of the firm or joint venture and the names, current addresses, and telephone numbers of all individual co-partners or joint venturers composing the partnership or joint venture; if bidder or other interested person is an individual, state first and last names in full. A. Individual ( ), Partnership ( ), Joint Venture ( ): Corporation ( ): Limited Liability Company (LLC) ( ) Personal Name: Business Name: Address: Zip Code Telephone: ( ) Federal Identification No. Contractor's License No., State of, Type License Expiration Date (The above address will be used to send notice of acceptance or requests for additional information) THE UNDERSIGNED HEREBY DECLARES, UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA, THAT THE STATEMENTS MADE IN THIS BID PROPOSAL FORM, INCLUDING ALL OF THE ATTACHED STATEMENTS, DESIGNATIONS, CERTIFICATES, AND AFFIDAVITS, ARE TRUE AND CORRECT, AND THAT THEY ARE THE INDIVIDUAL, MANAGING PARTNER, OR CORPORATE OFFICER, DULY AUTHORIZED BY LAW TO MAKE THIS BID ON BEHALF OF CONTRACTOR, AND BY SIGNING BELOW DO MAKE THIS BID ON BEHALF OF CONTRACTOR ACCORDING TO ALL OF THE TERMS AND CONDITIONS SET FORTH OR REFERENCED HEREIN. (Signature of Authorized Person) (Title) (Printed Name) (Date) Bid Proposal Forms Page 7

15 DESIGNATION OF SUBCONTRACTORS In compliance with the provisions of the Subletting and Subcontracting Fair Practices Act (Section 4100 et. seq. of the Public Contract Code of the State of California), the undersigned bidder has set forth below the full name, and the location of the place of business of each subcontractor who will perform work or labor or render service to the prime contractor in or about the construction of the work or improvement, 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 to which the attached bid is responsive, and the portion of the work which will be done by each subcontractor for each subcontract in excess of one-half of one percent of the prime contractor's total bid, or $10,000.00, whichever is greater. The bidder understands that if he fails to specify a subcontractor for any portion of the work to be performed under the contract in excess of one-half of one percent of his bid, or $10,000.00, whichever is greater, he shall be deemed to have agreed to perform such portion himself, and that he shall not be permitted to sublet or subcontract that portion of the work except in cases of public emergency or necessity, and then only after a finding, reduced to writing as a public record of the awarding authority, setting forth the facts constituting the emergency or necessity. If no subcontractors are to be employed on the project, enter the word "NONE". BID ITEM NO. DESCRIPTION OF WORK % OF TOTAL CONTRACT SUBCONTRACTOR S NAME, ADDRESS, AND PHONE NO. LICENSE TYPE AND NUMBER (Signature of Authorized Person) (Title) (Printed Name) (Date) Bid Proposal Forms Page 8

16 CERTIFICATION REGARDING EQUAL EMPLOYMENT OPPORTUNITY (Government Code Section et seq., Sections ) INDEPENDENCE TOWN ROADS REHABILITATION PROJECT During the performance of this contract, the contractor and its subcontractors shall not deny the contract's benefits to any person on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, nor shall they discriminate unlawfully against any employee or applicant for employment because of race, color, religion, national origin, ancestry, physical handicap, mental disability, medical condition, marital status, age or sex. The Contractor shall ensure that the evaluation and treatment of employees and applicants for employment are free of such discrimination. The Contractor shall comply with the provisions of the Fair Employment and Housing Act (Government Code, Section et seq.), the regulations promulgated thereunder (California Code of Regulations, Title 2, Section et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Government Code, Sections ) and the regulations or standards adopted by the awarding state agency to implement such article. Recipient, contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. The contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract. (Name and Title of Signer) Signature Date Company Name Business Address Bid Proposal Forms Page 9

17 PUBLIC CONTRACT CODE SECTION STATEMENT INDEPENDENCE TOWN ROADS REHABILITATION PROJECT In accordance with Public Contract Code Section (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that (CHECK ONE) the bidder has, has not been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the California State University. The term bidder is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section NOTE: The bidder must place a check mark after has or has not in one of the blank spaces provided. The above statement is part of the proposal. Signing this proposal on the signature portion thereof shall also constitute signature of this statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution. Bid Proposal Forms Page 10

18 PUBLIC CONTRACT CODE SECTION QUESTIONNAIRE INDEPENDENCE TOWN ROADS REHABILITATION PROJECT In accordance with Public Contract Code Section 10162, the bidder shall complete, under penalty of perjury, the following questionnaire: Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation? Yes No If the answer is yes, explain the circumstances in the following space. By bidder's signature on the proposal, bidder certifies, under penalty of perjury under the laws of the State of California, that the foregoing questionnaire and statements in accordance with Public Contract Code Section are true and correct. Bid Proposal Forms Page 11

19 PUBLIC CONTRACT CODE STATEMENT (SECTION 10232) INDEPENDENCE TOWN ROADS REHABILITATION PROJECT In accordance with Public Contract Code Section 10232, the contractor hereby states, under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the contractor within the immediately preceding two year period because of the contractor's failure to comply with an order of a federal court which orders the contractor to comply with an order of the National Labor Relations Board. By bidder's signature on the bid proposal form, bidder certifies, under penalty of perjury under the laws of the State of California, that the foregoing statements in accordance with Public Contract Code Section are true and correct. (Name and Title of Signer) Signature Date Company Name Business Address Bid Proposal Forms Page 12

20 NON-COLLUSION AFFIDAVIT (Public Contract Code Section 7106 and Code of Civil Procedure Section ) INDEPENDENCE TOWN ROADS REHABILITATION PROJECT STATE OF CALIFORNIA: COUNTY OF I,, declare that I hold the office or position of 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 to 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 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. I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. (Name and Title of Signer) Signature Date Company Name Business Address Bid Proposal Forms Page 13

21 CONTRACTOR'S LABOR CODE CERTIFICATION (Labor Code Section 3700 et seq.) INDEPENDENCE TOWN ROADS REHABILITATION PROJECT I am aware of the provisions of Section 3700 and following of the labor code which requires 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. (Name and Title of Signer) Signature Date Company Name Business Address Bid Proposal Forms Page 14

22 INDEPENDENCE TOWN ROADS REHABILITATION PROJECT CASHIER'S OR CERTIFIED CHECK (Not required if bid bond accompanies the bid) A cashier's or certified check in the required amount and made payable to the County of Inyo is attached below: [ ] ATTACH CHECK HERE [ ] Bidder (print name): Bid Proposal Forms Page 15

23 INDEPENDENCE TOWN ROADS REHABILITATION PROJECT PROJECT NO. RPL (065) BID BOND (BID PROPOSAL GUARANTEE) (Not required if certified or cashier's check accompanies the bid) KNOW ALL MEN BY THESE PRESENTS: That we, as Principal, and (Name of Bidder) (Name of Corporate Surety) as Corporate Surety admitted to issue such bonds in the State of California, are held and firmly bound unto the County of Inyo, State of California, in the sum of dollars ($ ) for the payment whereof we hereby bind ourselves, our successors, heirs, executors, and administrators, jointly and severally, firmly by these presents. The condition of the foregoing obligation is such that whereas the above bounded Principal is about to submit to the Board of Supervisors of the County of Inyo a bid for the construction of the INDEPENDENCE TOWN ROADS REHABILITATION PROJECT, in compliance with the contract therefor: Now, if the bid of the Principal shall be accepted and the contract awarded to the Principal by said Board of Supervisors, and if the Principal shall fail or neglect to enter into the contract therefor in accordance with the terms of the Principal's bid and the terms set forth in the bid package, or to furnish the required Faithful Performance and Labor and Materials Payment Surety Bonds, certificates of insurance, and other required documents, to the satisfaction of the Board of Supervisors of said county, no later than EIGHT (8) WORKING DAYS after the Principal has received notice from the county that the contract has been awarded to the Principal, then the sum guaranteed by this bond is forfeited to the County of Inyo. Bid Proposal Forms Page 16

24 It is expressly agreed and understood that any errors, clerical, mathematical, or otherwise, in the bid shall not be or constitute a defense to a forfeiture of this bond. WITNESS our hands and seals this day of, 20. Principal (SEAL)By (Name & Title of Authorized Person) (Address for Notices to be Sent) Surety (SEAL)By (Name & Title of Authorized Person) (Address for Notices to be Sent) NOTE: THE SIGNATURES OF THE PRINCIPAL (BIDDER) AND SURETY MUST EACH BE ACKNOWLEDGED BY A NOTARY AND THE ACKNOWLEDGMENTS MUST BE ATTACHED TO THIS BOND. The bid bond must be executed on this form by a corporate surety admitted to issue such bonds in the State of California. No substitutions will be accepted. If an attorneyin-fact signs for the surety, an acknowledged statement from the surety appointing and empowering the attorney-in-fact to execute such bonds in such amounts on behalf of the surety, must accompany the bid bond. ADDRESS OF COUNTY FOR NOTICES TO BE SENT: Attn.: Public Works Director County of Inyo Public Works Department 168 North Edwards Street, P.O. Drawer Q Independence, California Bid Proposal Forms Page 17

25 CONTRACT AND BOND FORMS FOR INDEPENDENCE TOWN ROADS REHABILITATION PROJECT On Market, North Clay, Park, Payne, Rosedale, and Washington Streets in the town of Independence PROJECT NO. RPL (065) FEBRUARY 2013 ENCLOSURES: Contract Faithful Performance Bond Labor and Material Payment Bond

26 C O N T R A C T for the INDEPENDENCE TOWN ROADS REHABILITATION PROJECT THIS CONTRACT is awarded by OWNER to CONTRACTOR on, and made and entered into effective as of, by and between the COUNTY OF INYO, a political subdivision of the State of California, (hereinafter "OWNER"), and (hereinafter "CONTRACTOR"), for construction of the INDEPENDENCE TOWN ROADS REHABILITATION PROJECT (herein also "project"), which parties agree, for and in consideration of the mutual promises, as follows: 1. CONTRACTOR shall furnish all labor, materials, methods, processes, implements, tools, machinery, equipment, transportation, permits, services, utilities, and all other items, and related functions and otherwise shall perform all work necessary or appurtenant to construct the project in accordance with the contract documents and within the time for completion set forth in the contract documents, for: Title: INDEPENDENCE TOWN ROADS REHABILITATION PROJECT 2. For the performance of all such work, OWNER shall pay to CONTRACTOR the total amount bid by CONTRACTOR for said project: ($ ), adjusted by such increases or decreases as authorized in accordance with the contract documents, and payable at such times and upon such conditions as otherwise set forth in the contract documents. 3. CONTRACTOR and OWNER agree that this contract shall include and consist of (a) all of the provisions set forth expressly herein; (b) the bid proposal forms, the Faithful Performance Bond, and the Labor and Materials Payment Bond, all of which are incorporated herein and made a part hereof by this reference; and (c) all of the other contract documents, all of which are incorporated herein and made a part of this contract by this reference, including without limitation, the bid package, the special provisions, including the appendices, the Plans, any and all amendments or changes to any of the abovelisted documents, including without limitation, contract change orders, and any and all documents incorporated by reference into any of the above-listed documents. INDEPENDENCE TOWN ROADS REHABILITATION PROJECT Contract and Bonds Page 1

27 4. Pursuant to Section 1773 of the Labor Code, the general prevailing wage rates in Inyo County have been determined by the director of the State Department of Industrial Relations. These wage rates are available in the General Prevailing Wage Determinations, available on the California Department of Industrial Relations website: The current wage rates shown therein shall be the wage rates in effect at the time the project is advertised. Future effective wage rates, which have been predetermined and are on file with the Department of Industrial Relations are referenced, but not printed, in said General Prevailing Wage Determinations. Such rates of wages are also available at the offices of the Public Works Department of the County of Inyo and are available to any interested party upon request. 5. The definition and meaning of the words used in this contract are the same as set forth in Section 10, Definition of Terms, of the special provisions for this contract. 6. This contract, including the contract documents and all other documents which are incorporated herein by reference, constitutes the entire agreement between CONTRACTOR and OWNER with respect to the subject matter hereof. INDEPENDENCE TOWN ROADS REHABILITATION PROJECT Contract and Bonds Page 2

28 C O N T R A C T for the INDEPENDENCE TOWN ROADS REHABILITATION PROJECT IN WITNESS WHEREOF, OWNER and CONTRACTOR have each caused this contract to be executed on its behalf by its duly authorized representative, effective as of the day and year first above written. OWNER CONTRACTOR COUNTY OF INYO By: Name: Title: Dated: By: Name: Title: Dated: APPROVED AS TO FORM AND LEGALITY: Taxpayer's Identification or Social Security Number: County Counsel APPROVED AS TO INSURANCE REQUIREMENTS: APPROVED AS TO ACCOUNTING FORM: County Risk Manager County Auditor INDEPENDENCE TOWN ROADS REHABILITATION PROJECT Contract and Bonds Page 3

29 COUNTY OF INYO DEPARTMENT OF PUBLIC WORKS INDEPENDENCE TOWN ROADS REHABILITATION PROJECT FAITHFUL PERFORMANCE BOND (100% OF CONTRACT AMOUNT) KNOW ALL MEN BY THESE PRESENTS: That as Principal, hereinafter called Contractor, and, (Name of Contractor) (Name of Corporate Surety) as Corporate Surety, hereinafter called Surety, are held and firmly bound unto the County of Inyo as Obligee, hereinafter called Owner, in the amount of ($ ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assignees, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written Contract, dated entered into an agreement with Owner for the Construction of the INDEPENDENCE TOWN ROADS REHABILITATION PROJECT, to be constructed in accordance with the contract for the INDEPENDENCE TOWN ROADS REHABILITATION PROJECT, which contract is by reference incorporated herein and is hereinafter referred to as the "Contract". NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly and faithfully perform said Contract, then this obligation shall be null and void; otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration or extension of time made by the Owner. INDEPENDENCE TOWN ROADS REHABILITATION PROJECT Contract and Bonds Page 4

30 Whenever Contractor shall be, and is declared by Owner to be, in default under the Contract, the Owner having performed Owner's obligations thereunder, the Surety may promptly remedy the default, or shall promptly either: 1. Complete the Contract in accordance with its terms and conditions, or 2. Obtain a Bid or Bids for completing the Contract in accordance with its terms and conditions, and upon determination by Surety of the lowest responsible Bidder, or, if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest responsible Bidder, arrange for a Contract between such Bidder and Owner, and make available as work progresses (even though there should be a default or a succession of defaults under the Contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the Contract price", as used in this paragraph, shall mean the total amount payable by Owner to Contractor under the Contract and any amendments thereto, less the amount properly paid by Owner to Contractor. Any suit under this Bond must be instituted before the expiration of two (2) years from the date on which final payment under the Contract falls due, or the date on which any warranty or guarantee period expires, whichever is later. No right of action shall accrue on this Bond to or for the use of any person or corporation other than the Owner named herein or the heirs, executors, administrators, or successors of the Owner. INDEPENDENCE TOWN ROADS REHABILITATION PROJECT Contract and Bonds Page 5

31 Signed and sealed this day of, 20. (Name of Corporate Surety) (SEAL) By: (Signature) (Title of Authorized Person) (Address for Notices to be Sent) (Name of Contractor) (SEAL) By: (Signature) (Title of Authorized Person) (Address for Notices to be Sent) NOTE: THE SIGNATURES OF THE CONTRACTOR AND THE SURETY MUST EACH BE ACKNOWLEDGED BY A NOTARY AND THE ACKNOWLEDGMENTS MUST BE ATTACHED TO THIS BOND. The Faithful Performance Bond must be executed by a corporate surety on this form. No substitutions will be accepted. If an attorney-in-fact signs for the surety, an acknowledged statement from the surety appointing and empowering the attorney-in-fact to execute such bonds in such amounts on behalf of the surety must accompany the Faithful Performance Bond. ADDRESS OF OWNER FOR NOTICES TO BE SENT: County of Inyo (attn: Public Works Director) 168 North Edwards Street, P.O. Drawer Q Independence, California INDEPENDENCE TOWN ROADS REHABILITATION PROJECT Contract and Bonds Page 6

32 COUNTY OF INYO DEPARTMENT OF PUBLIC WORKS INDEPENDENCE TOWN ROADS REHABILITATION PROJECT LABOR AND MATERIALS PAYMENT BOND (100% OF CONTRACT AMOUNT) KNOW ALL MEN BY THESE PRESENTS, that as Principal, hereinafter called CONTRACTOR, and (Name of Contractor) (Name of Corporate Surety) as Corporate Surety, hereinafter called SURETY, are held and firmly bound unto the County of Inyo as Obligee, hereinafter called Owner, for the use and benefit of claimants as hereinafter defined in the amount of ($ ) for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assignees, jointly and severally, firmly by these presents. WHEREAS, Contractor has by written contract dated, entered into an agreement with County for the construction of the INDEPENDENCE TOWN ROADS REHABILITATION PROJECT (hereinafter referred to as "PROJECT"), to be constructed in accordance with the terms and conditions set forth in the contract for the INDEPENDENCE TOWN ROADS REHABILITATION PROJECT, which contract is by reference incorporated herein, and is hereinafter referred to as the "CONTRACT". INDEPENDENCE TOWN ROADS REHABILITATION PROJECT Contract and Bonds Page 7

33 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required for use in the performance of the Contract, then this obligation shall be void; otherwise, it shall remain in full force and effect, subject, however, to the following conditions: 1. A claimant is defined as one having a direct contract with the Contractor, or with a Subcontractor of the Contractor, for labor, materials, or both, used or reasonably required for use in performance of the Contract. Labor and material is construed to include, but not limited to, that part of water, gas, power, light, heat, oil, gasoline, telephone service or rental of equipment directly applicable to the Contract. 2. The above named Contractor and Surety hereby jointly agree with the County that every claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) calendar days after the date on which the last of such claimant's work or labor was done or performed, or materials were furnished by such claimant, may sue on this Bond for the benefit of such claimant, prosecute the suit to final judgment for such sum or sums as may be justly due claimant, and have execution thereon. The County shall not be liable for the payment of any costs or expenses of any such suit. 3. No suit or action shall be commenced hereunder by any claimant: a) Unless claimant, other than one having a direct contract with the Contractor, shall have given written notice to any two of the following: the Contractor, the County, or the Surety above named, within ninety (90) calendar days after such claimant did or performed the last of the work or labor, or furnished the last of the materials for which said claim is made, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were furnished, or for whom the work or labor was done or performed. Such notice shall be served by mailing the same by registered mail or certified mail, postage prepaid, in any envelope addressed to the Contractor, County, or Surety, at the address below, or at any place where an office is regularly maintained for the transaction of their business. Such notice may also be served in the state in which the aforesaid project is located, save that such service need not be made by a public officer. b) After the expiration of one (1) year following the date on which County accepted the work done under the Contract. However, if any limitation embodied in this Bond is prohibited by any law controlling the construction hereof, such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. c) Other than in a State Court of competent jurisdiction in and for the County or other political subdivision of the state in which the Project, or any part thereof, is situated, and not elsewhere. 4. The amount of this Bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder, inclusive of the payment by Surety of mechanics' liens which may be filed or recorded against said Project, whether or not claim for the amount of such lien be presented under and against this Bond. INDEPENDENCE TOWN ROADS REHABILITATION PROJECT Contract and Bonds Page 8

34 Signed and sealed this day of, 20. (Name of Contractor) By: (Signature) (SEAL) (Title of Authorized Person) (Address for Notices to be Sent) (SEAL) By: (Name of Corporate Surety) (Signature) (Title of Authorized Person) (Address for Notices to be Sent) NOTE: THE SIGNATURES OF THE CONTRACTOR AND THE SURETY MUST EACH BE ACKNOWLEDGED BEFORE A NOTARY PUBLIC (OR OTHER OFFICER AUTHORIZED UNDER CALIFORNIA LAW) AND THE ACKNOWLEDMENTS MUST BE ATTACHED TO THIS BOND. The Labor and Materials Payment Bond must be executed by a corporate surety on this form. No substitutions will be accepted. If an attorney-in-fact signs for the surety, an acknowledged statement from the surety appointing and empowering the attorney-in-fact to execute such bonds in such amounts on behalf of the surety, must accompany the Labor and Materials Payment Bond. ADDRESS OF COUNTY FOR NOTICES TO BE SENT: County of Inyo (attn: Public Works Director) 168 N. Edwards, P.O. Drawer Q Independence, California INDEPENDENCE TOWN ROADS REHABILITATION PROJECT Contract and Bonds Page 9

35 SPECIAL PROVISIONS FOR CONSTRUCTION ON COUNTY ROAD IN INYO COUNTY INDEPENDENCE TOWN ROADS REHABILITATION PROJECT RPL-5948(065) On Market, North Clay, Park, Payne, Rosedale, and Washington Streets in the town of Independence. FOR USE IN CONNECTION WITH STATE FUNDED LOCAL ASSISTANCE CONSTRUCTION PROJECTS ADMINISTERED UNDER THE STANDARD PLANS AND STANDARD SPECIFICATIONS DATED MAY 2006 OF THE CALIFORNIA DEPARTMENT OF TRANSPORTATION, AND GENERAL PREVAILING WAGE RATES AND LABOR SURCHARGE AND EQUIPMENT RENTAL RATES IN EFFECT ON THE DATE THE WORK IS PERFORMED Prepared by: Inyo County Public Works Department

36

37 INDEPENDENCE TOWN ROADS REHABILITATION PROJECT PROJECT NO. RPL-5948(065) SPECIAL PROVISIONS TABLE OF CONTENTS PAGE # SECTION 1. SPECIFICATIONS AND PLANS General Definitions and Terms 1 SECTION 2. BIDDING General Required Listing of Proposed Subcontractors 4 SECTION 3. CONTRACT AWARD AND EXECUTION General A Award of Contract 5 SECTION 4. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES General Pre-Construction Conference Archaeological Discoveries 6 - i -

38 INDEPENDENCE TOWN ROADS REHABILITATION PROJECT PROJECT NO. RPL-5948(065) SPECIAL PROVISIONS TABLE OF CONTENTS SECTION 5. GENERAL PAGE # 5-1 MISCELLANEOUS State Contract Act Not Applicable Prevailing Wage Labor Nondiscrimination Insurance, Defense and Indemnification A Minimum Scope of Insurance B Minimum Limits of Insurance C Deductibles and Self-Insured Retentions D Other Insurance Provisions E Acceptability of Insurers F Verification of Coverage G Waiver of Subrogation H Subcontractors J Surety Bonds K Defense and Indemnification L Contractor's Liability Not Limited By Insurance Partial Payments Payment of Withheld Funds Public Convenience and Safety Removal of Asbestos and Hazardous Substances Performance of Subcontractors Subcontracting Prompt Progress Payment to Subcontractors Prompt Payment of Withheld Funds to Subcontractors Contractor s Licensing Laws Borrow, Disposal and Material Sites Highway Construction Equipment Required Subcontract and Material Supply Contract Provision Records Retention Clause Sound Control Requirement Areas for Contractor s Use Water Conservation 23 - ii -

39 INDEPENDENCE TOWN ROADS REHABILITATION PROJECT PROJECT NO. RPL-5948(065) SPECIAL PROVISIONS TABLE OF CONTENTS PAGE # SECTION 6. DELETED SECTION 7. DELETED SECTION 8. MATERIALS 8-1 MISCELLANEOUS Prequalified and Tested Signing and Delineation Materials MISCELLANEOUS Portland Cement Concrete 34 SECTION 9. DESCRIPTION OF WORK General 36 SECTION 10. CONSTRUCTION DETAILS Order of Work Construction Site Management Water Pollution Control Obstructions Maintaining Traffic Closure Requirements and Conditions Traffic Control System for Lane Closure Temporary Pavement Delineation Construction Area Traffic Control Devices Construction Area Signs Existing Highway Facilities Watering Dust Palliative 60 - iii -

40 INDEPENDENCE TOWN ROADS REHABILITATION PROJECT PROJECT NO. RPL-5948(065) SPECIAL PROVISIONS SECTION 10. TABLE OF CONTENTS CONSTRUCTION DETAILS (CONTINUED) PAGE # Earthwork Reconstructed Base Seal Random Cracks In Existing Surfacing Hot Mix Asphalt Minor Hot Mix Asphalt Seal Coat Miscellaneous Concrete Construction Prefabricated Concrete Drop Inlet Installation Paint Pavement Markings Culvert Construction 72 SECTION 11. DELETED SECTION 12. DELETED SECTION 13. DELETED APPENDIX SUBSURFACE INVESTIGATION AND PAVEMENT DESIGN FOR THE INDEPENDENCE ROADS REHABILITATION PROJECT - iv -

41 INYO COUNTY ROAD DEPARTMENT INDEPENDENCE TOWN ROADS REHABILITATION PROJECT RPL-5948(065) SPECIAL PROVISIONS SECTION 1. SPECIFICATIONS AND PLANS GENERAL. Unless otherwise stated, the work embraced herein shall be done in accordance with the California Department of Transportation Standard Specifications and Standard Plans, dated May 2006 (U.S. Customary Units), and the current Manual of Uniform Traffic Control Devices, insofar as the same may apply, and in accordance with the following Special Provisions. Copies of the Standard Plans, the Standard Specifications, and the Manual of Uniform Traffic Control Devices may be obtained from the Department of Transportation. Copies are also available for review at the Inyo County Road Department. In case of conflict between the Standard Specifications and these Special Provisions, the Special Provisions shall take precedence over and be used in lieu of such conflicting portions. 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 , 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 betweeen such amendments and the Standard Specifications, the amendments shall take precedence over and be used in lieu of the conflicting portions DEFINITIONS AND TERMS. All definitions and terms in Section 1, "Definitions and Terms," of the Standard Specifications shall apply, except whenever the following terms or pronouns are used, the intent and meaning shall be as follows: a) Admitted Surety Insurer, Corporate Surety: A corporate insurer or interinsurance exchange to which the California State Insurance Commissioner has issued a certificate of authority to transact surety insurance in California, as defined in Section 105 of the California Insurance Code. b) Bid Package: The Notice Inviting Bids, Bid Proposal Forms, Contract and Bond Forms, Department of Transportation Standard Specifications, dated May 2006, Department of Transportation Standard Plans, dated May 2006, Special Provisions, and Plans obtained from Owner or Owner's agent and relating to this project. c) Bid Proposal: The written offer of a bidder to perform the specified work in accordance with the Contract Documents, made out on the Bid Proposal forms furnished by the County of Inyo. d) Days, Calendar Days: Unless otherwise specified, days, or calendar days, means each and every day shown on the calendar, Saturdays, Sundays and holidays included. Page 1

42 e) Contract Documents: The documents which make up the Contract, including any and all documents incorporated therein; also, any and all written agreements between the Owner and Contractor which amend or change the Contract, including but not limited to, contract change orders. These documents are identified in the Contract as component parts. f) County: The County of Inyo, State of California. g) Department: The Department of Public Works (Roads) of the County of Inyo. h) Director: The Director of Public Works of the County of Inyo. i) Department of Transportation: The Department of Public Works (Roads) of the County of Inyo, also referred to as the County; except, where Department of Transportation publications are cited, such cites are to remain as written and refer to the State of California, Department of Transportation. j) Engineer: The Director of Public Works of the County of Inyo, acting either directly or through properly authorized agents, such agents acting within the scope of the particular duties delegated to them. k) Laboratory: The Laboratory of the Department of Public Works (Roads) or other laboratories authorized by the Department of Public Works (Roads) of the County of Inyo to test materials and work involved in the Contract. l) Manual of Uniform Traffic Control Devices: The current State of California Department of Transportation publication entitled Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) administered by the Federal Highway Administration. m) Project: The erection, construction, alteration, repair or improvement of any structure, building, road, or other type improvement of any kind, which is required directly or indirectly by the Contract. n) State: The County of Inyo, State of California. o) State Contract Act: Chapter 1, Division 2 of the Public Contract Code. This contract is not subject to the provisions of this Act, except for language of said act that is specifically incorporated into this Contract by reference. p) Working Days: Any day, except Saturdays, Sundays, and legal holidays (as identified in Section of the Department of Transportation Standard Specifications), and days on which the Contractor is specifically required by the Contract Documents to suspend construction operations. Page 2

43 SECTION 2. BIDDING GENERAL. The bidder s attention is directed to the provisions in Section 2, Proposal Requirements and Conditions, of the Standard Specifications and these Special Provisions for the requirements and conditions which he must observe in the preparation of the Proposal Form and the submission of the bid. In accordance with Section , Required Listing of Proposed Subcontractors, of the Standard Specifications, the bidder s proposal shall have listed therein the name, address, and license information for each subcontractor to be used and to whom the bidder proposes to directly subcontract portions of the work. The list of subcontractors shall also set forth the portion of work that will be done by each subcontractor listed, and the bid item associated with the work. A sheet for listing the subcontractors is included in the Proposal. The second paragraph in Section , Proposal Forms, of the Standard Specifications is amended to read: The Proposal Form is bound in a book together with the Notice Inviting Bids, Contract and Bond Forms entitled Bid Package. The remainder of Section , Proposal Forms, of the Standard Specifications is deleted. The form of the Bidder's Bond described in the last paragraph in Section , Proposal Guaranty, of the Standard Specifications is in the Bid Package and only the form in the Bid Package shall be used. In accordance with Public Contract Code Section 7106, a Non-Collusion Affidavit is included in the Proposal. Signing the Proposal shall also constitute signature of the Non-Collusion Affidavit. Public Contract Code Section (Chapter 376, Stats. 1985) provides as follows: Any state agency may suspend, for a period of up to three years from the date of conviction, any person from bidding upon, or being awarded, a public works or services contract with the agency under this part or from being a Subcontractor at any tier upon the Contract, if that person, or any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, has been convicted by a court of competent jurisdiction of any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any Public Works Contract, as defined in Section 1101, with any public entity, as defined in Section 1100, including, for the purposes of this article, the Regents of the University of California or the Trustees of the California State University. A state agency may determine the eligibility of any person to enter into a Contract under this article by requiring the person to submit a statement, under penalty of perjury, declaring that neither the person nor any Subcontractor to be engaged by the person has been convicted of any of the offenses referred to in this Section within the preceding three years. A form for the statement required by Section is included in the Proposal. Page 3

44 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 REQUIRED LISTING OF PROPOSED SUBCONTRACTORS. Each proposal shall have listed therein the name, address, and license information for each subcontractor to whom the bidder proposes to subcontract portions of the work in an amount in excess of 1/2 of one percent (0.5 %) of its 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 directed to other provisions of said Act related to the imposition of penalties for a failure to observe its provisions by using unauthorized subcontractors or by making unauthorized substitutions. A sheet for listing the subcontractors as required herein is included in the Proposal. Page 4

45 SECTION 3. CONTRACT AWARD AND EXECUTION GENERAL. The bidder's attention is directed to the provisions in Section 3, Award and Execution of Contract, of the Standard Specifications and these special provisions for the requirements and conditions concerning award and execution of the Contract. The award of the contract, if it is awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed A AWARD OF CONTRACT. Section , Award of Contract, of the Standard Specifications is amended to read: AWARD OF CONTRACT The right is reserved to reject any and all proposals. The award of the Contract, if it is awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements prescribed. Whenever possible, such award, if made, will be made within 30 days after the opening of the proposals. However, failure of the County to make award within 30 days after the opening of the proposals shall not relieve the Contractor of its requirement to deliver an executed contract and bonds, and any other required documents, within 10 calendar days of receipt of the Contract, as further described in Section , Execution of Contract, of the Standard Specifications. All bids will be compared on the basis of the Engineer s Estimate of the quantities of work to be done. The contract shall be executed by the successful bidder and shall be returned, together with the contract bonds, to the county so that it is received within 10 working 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: Inyo County Public Works Department P.O. Drawer Q 168 North Edwards Street Independence, California Attn: Director of Public Works Page 5

46 SECTION 4. BEGINNING OF WORK, TIME OF COMPLETION AND LIQUIDATED DAMAGES GENERAL. Attention is directed to the provisions in Section , Beginning of Work, Section , Time of Completion, and Section , Liquidated Damages, of the Standard Specifications and these special provisions. The first paragraph of Section , "Beginning of Work," of the Standard Specifications is amended to read as set forth in (a) through (f) below: (a) As execution of the agreement by the county is a matter of public record, the Contractor will be considered to have received actual notice of the date that the agreement is executed by the county on the date that the agreement is so executed by the county. The county may, but is not required to, send written notice of the execution date to the Contractor. (b) The County shall thereafter send the written Notice to Proceed to the Contractor as otherwise provided in this Agreement. (c) The Contractor shall begin work within fifteen (15) working days after the date on which the Contractor receives the Notice to Proceed. (d) For the purposes of determining the Contractor's compliance with the time limits for completion of the Project pursuant to the Agreement, the Contractor's first working day shall be deemed to be the fourteenth (14th) working day after the date on which the Contractor receives the Notice to Proceed. (e) The Contractor shall diligently prosecute the project to completion before the expiration of sixty (60) working days after the date that is deemed to be Contractor's first working day. (f) The Notice to Proceed shall be issued by the County not less than fifteen (15) nor more than thirty (30) calendar days after the receipt from the Contractor of satisfactory Labor and Materials Payment Bonds, Faithful Performance Bonds, Certificates of Insurance, and other documents as required by law and the Contract. The Contractor shall pay to the County of Inyo the sum of $1, per day for each and every calendar day's delay in finishing the work in excess of the number of working days prescribed above PRE-CONSTRUCTION CONFERENCE. Prior to issuance of the Notice to Proceed, a pre-construction conference will be held, at a location to be determined, for the purpose of discussing with the Contractor the scope of work, contract drawings, specifications, existing conditions, materials to be ordered, equipment to be used, and all essential matters pertaining to the prosecution of and the satisfactory completion of the project as required. The Contractor s representatives at this conference should include all major superintendents for the work and may include subcontractors ARCHAEOLOGICAL DISCOVERIES. During the progress of the work, if any operations or activities of the Contractor result in the discovery of any article of archaeological Page 6

47 and/or paleontological interest, the Contractor shall immediately stop such work or other activities and immediately provide written notification of differing site conditions to the Engineer. The further operations of the Contractor, with respect to the article of discovery and/or discovery site, shall be decided under the direction of the Engineer in accordance with the procedures and requirements delineated in Section , Differing Site Conditions, of the Standard Specifications. If the Engineer is the discovering party, the Engineer shall provide an immediate written stop work notice to the Contractor. The further operations of the Contractor, with respect to the article of discovery and/or discovery site, shall be decided under the direction of the Engineer in accordance with the procedures and requirements delineated within Section , Differing Site Conditions, of the Standard Specifications. Page 7

48 SECTION 5. GENERAL SECTION 5-1. MISCELLANEOUS STATE CONTRACT ACT NOT APPLICABLE. Sections , State Contract Act, and , Arbitration, of the Standard Specifications are deleted. This Contract is not governed by the provisions of the State Contract Act. The adoption and use of the Standard Specifications in the performance of the work called for in this Contract shall not be construed as an election by the County to proceed under Section of the Public Contract Code. In the event that a dispute arises between the parties, they are not obligated to submit the matter to arbitration in any form (although they may do so upon written agreement). RESOLUTION OF CONSTRUCTION CLAIMS. All public works claims of three hundred seventy-five thousand dollars ($375,000.00) or less which arise between Owner and Contractor under this Contract shall be governed by Article 1.5 (commencing with Section 20104) of the Public Contract Code. Section of the Public Contract Code provides: For any claim subject to this article, the following requirements apply: (a) The claim shall be in writing and shall include the documents necessary to substantiate the claim. Claims must be filed on or before the date of final payment. Nothing in this subdivision is intended to extend the time limit or supersede notice requirements otherwise provided by contract for the filing of claims. (b) (1) For claims of less than fifty thousand dollars ($50,000.00), the local agency shall respond in writing to any written claim within 45 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the local agency may have against the claimant. (b) (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. (b) (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 15 days after receipt of the further documentation or within a period of time no greater than that taken by the claimant in producing the additional information, whichever is greater. (c) (1) For claims of over fifty thousand dollars ($50,000.00) and less than or equal to three hundred seventy-five thousand dollars ($375,000.00), the local agency shall respond in writing to all written claims within 60 days of receipt of the claim, or may request, in writing, within 30 days of receipt of the claim, any additional documentation supporting the claim or relating to defenses or claims the local agency may have against the claimant. (c) (2) If additional information is thereafter required, it shall be requested and provided pursuant to this subdivision, upon mutual agreement of the local agency and the claimant. Page 8

49 (c) (3) The local agency's written response to the claim, as further documented, shall be submitted to the claimant within 30 days after receipt of the further documentation, or within a period of time no greater than that taken by the claimant in producing the additional information or requested documentation, whichever is greater. (d) If the claimant disputes the local agency's written response, or the local agency fails to respond within the time prescribed, the claimant may so notify the local agency, in writing, either within 15 days of receipt of the local agency's response or within 15 days of the local agency's failure to respond within the time prescribed, respectively, and demand an informal conference to meet and confer for settlement of the issues in dispute. Upon a demand, the local agency shall schedule a meet and confer conference within 30 days for settlement of the dispute. (e) If, following the meet and confer conference, the claim or any portion remains in dispute, the claimant may file a claim pursuant to Chapter 1 (commencing with Section 900) and Chapter 2 (commencing with Section 910) of Part 3 of Division 3.6 of Title 1 of the Government Code. For purposes of those provisions, the running of the period of time within which a claim must be filed shall be tolled from the time the claimant submits his or her written claim pursuant to subdivision (a) until the time the claim is denied, including any period of time utilized by the meet and confer conference. Section of the Public Contract Code provides: The following procedures are established for all civil actions filed to resolve claims subject to this article: (a) Within 60 days, but no earlier than 30 days, following the filing of responsive pleadings, the court shall submit the matter to nonbinding mediation unless waived by mutual stipulation of both parties. The mediation process shall provide for the selection within 15 days by both parties of a disinterested third person as mediator, shall be commenced within 30 days of the submittal, and shall be concluded within 15 days from the commencement of the mediation unless a time requirement is extended upon a good cause showing to the court. (b) (1) If the matter remains in dispute, the case shall be submitted to judicial arbitration pursuant to Chapter 2.5 (commencing with Section ) of Title 3 of Part 3 of the Code of Civil Procedure, notwithstanding Section of that code. The Civil Discovery Act of 1986 (Article 3 (commencing with Section 2016) of Chapter 3 of Title 3 of Part 4 of the Code of Civil Procedure) shall apply to any proceeding brought under this subdivision consistent with the rules pertaining to judicial arbitration. (b) (2) Notwithstanding any other provision of law, upon stipulation of the parties, arbitrators appointed for purposes of this article shall be experienced in construction law, and, upon stipulation of the parties, mediators and arbitrators shall be paid necessary and reasonable hourly rates of pay not to exceed their customary rate, and such fees and expenses shall be paid equally by the parties, except in the case of arbitration where the arbitrator, for good cause, determines a different division. In no event shall these fees or expenses be paid by state or county funds. (b) (3) In addition to Chapter 2.5 (commencing with Section ) of Title 3 of Part 3 of the Code of Civil Procedure, any party who after receiving an arbitration award requests Page 9

50 a trial de novo but does not obtain a more favorable judgment shall, in addition to payment of costs and fees under that chapter, pay the attorney s fees of the other party arising out of the trial de novo. Section of the Public Contract Code provides: (a) No local agency shall fail to pay money as to any portion of a claim which is undisputed except as otherwise provided in the Contract. (b) In any suit filed under Section , the local agency shall pay interest at the legal rate on any arbitration award or judgment. The interest shall begin to accrue on the date the suit is filed in a court of law PREVAILING WAGE. Attention is directed to Section A (2), Prevailing Wage, of the Standard Specifications. Pursuant to Section 1773 of the Labor Code, to which this Contract is subject, the prevailing wage per diem rates in Inyo County have been determined by the Director of the California Department of Industrial Relations. These wage rates appear in the publication entitled General Prevailing Wage Rates, in effect at the time the project is advertised. Future effective wage rates, which have been predetermined and are on file with the California Department of Industrial Relations, are referenced, but not printed, in said publication. These general prevailing wage rates are not included in the Proposal and Contract for the project, but are available at the offices of the Inyo County Road Department or the California Department of Industrial Relations web site at Changes, if any, to the general prevailing wage rates will be available at the same locations. The prevailing wage rates determined by the Director of Industrial Relations refer to expiration dates. If the wage determination does not refer to a predetermined wage rate to be paid after the expiration date, said wage determination shall be in effect for the life of this Contract. If the wage determination refers to a predetermined wage rate to become effective upon expiration of the wage determination and the predetermined wage rate is on file with the Department of Industrial Relations, such predetermined wage rate shall become effective on the date following the expiration date and shall apply to the balance of this Contract. If the predetermined wage rate refers to one or more additional expiration dates with additional predetermined wage rates, which expiration dates occur during the life of this Contract, each successive predetermined wage rate shall apply to this Contract on the date following the expiration date of the previous wage rate. If the last of such predetermined wage rates expires during the life of this Contract, such wage rate shall apply to the balance of the Contract LABOR NONDISCRIMINATION. Attention is directed to the following Notice that is required by Chapter 5 of Division 4 of Title 2, California Code of Regulations. NOTICE OF REQUIREMENT FOR NONDISCRIMINATION PROGRAM (GOV. CODE, SECTION 12990) Your attention is called to the Nondiscrimination Clause set forth in Section A(4), Labor Nondiscrimination, of the Standard Specifications, which is applicable to all nonexempt state contracts and subcontracts, and to the Standard California Nondiscrimination Page 10

51 Construction Contract Specifications set forth therein. The Specifications are applicable to all nonexempt state construction contracts and subcontracts of $5,000 or more. NONDISCRIMINATION CLAUSE. 1. During the performance of this contract, Contractor and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical handicap, medical condition, marital status, age (over 40) or sex. Contractor and its subcontractors shall ensure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination. Contractor and its subcontractors shall also comply with the provisions of the Fair Employment and Housing Act (Gov. Code, Section et seq.) and the applicable regulations promulgated thereunder (Cal. Code of Reg., Title. 2, Section et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code, Section 12990, set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations are incorporated into this Contract by reference and made a part hereof as if set forth in full. Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. 2. This Contract shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the Contract. STANDARD CALIFORNIA NONDISCRIMINATION CLAUSE CONSTRUCTION CONTRACT SPECIFICATIONS (GOVERNMENT CODE, SECTION 12990) These specifications are applicable to all state contractors and subcontractors having a construction contract or subcontract of $5,000 or more. 1. As used in the specifications: a. Administrator means Administrator, Office of Compliance programs, California Department of Fair Employment and Housing, or any person to whom the Administrator delegates authority; b. Minority includes: 1) Black (all persons having primary origins in any of the black racial groups of Africa, but not of Hispanic origin); 2) Hispanic (all persons of primary culture or origin in Mexico, Puerto Rico, Cuba, Central or South America, or other Spanish derived culture or origin regardless of race); 3) Asian/Pacific Islander (all persons having primary origins in any of the original peoples of the Far East, Southeast Asia, the Indian Subcontinent or the Pacific Islands); and Page 11

52 4) American Indian/Alaskan Native (all persons having primary origins in any of the original peoples of North America and who maintain culture identification through tribal affiliation or community recognition). 2. Whenever the Contractor or any subcontractor subcontracts a portion of the work, it shall physically include in each subcontract of $5,000 or more the nondiscrimination clause in this Contract, either directly or through incorporation by reference. Any subcontract for work involving a construction trade shall also include the Standard California (Nondiscrimination) Construction Contract Specifications, either directly or through incorporation by reference. 3. The Contractor shall implement the specific nondiscrimination standards provided in paragraphs 6(a) through 6(e) of these specifications. 4. Neither the provision of any collective bargaining agreement, nor the failure by a union with whom the Contractor has a collective bargaining agreement, to refer either minorities or women shall excuse the Contractor's obligations under these specifications, Government Code, Section 12990, or the regulations promulgated pursuant thereto. 5. In order for the nonworking training hours of apprentices and trainees to be counted, such apprentices and trainees must be employed by the Contractor during the training period, and the Contractor must have made a commitment to employ the apprentices and trainees after the completion of their training, subject to the availability of employment opportunities. Trainees must be trained pursuant to training programs approved by the U.S. Department of Labor or the California Department of Industrial Relations. 6. The Contractor shall take specific actions to implement its nondiscrimination program. The evaluation of the Contractor's compliance with these specifications shall be based upon its effort to achieve maximum results from its actions. The Contractor must be able to demonstrate fully its efforts under Steps a. through e. below: a. Ensure and maintain a working environment free of harassment, intimidation, and coercion at all sites and all facilities at which the Contractor's employees are assigned to work. The Contractor, where possible, shall assign two or more women to each construction project. The Contractor shall specifically ensure that all foremen, superintendents, and other on-site supervisory personnel are aware of and carry out the Contractor's obligations to maintain such a working environment, with specific attention to minority or female individuals working at such sites or in such facilities. b. deleted c. Disseminate the Contractor's equal employment opportunity policy by providing notice of the policy to unions and training, recruitment, and outreach programs and requesting their cooperation in assisting the Contractor to meet its obligations; and by posting the company policy on bulletin boards accessible to all employees at each location where construction work is performed. d. Ensure that all personnel making management and employment decisions regarding hiring, assignment, layoff, termination, conditions of work, training, rate of pay or other employment decisions, including all supervisory personnel, superintendents, general foremen, on-site foremen, etc., are aware of the Contractor's equal employment opportunity policy and obligations, and discharge their responsibilities accordingly. Page 12

53 e. Ensure that seniority practices, job classifications, work assignments and other personnel practices do not have a discriminatory effect by continually monitoring all personnel and employment related activities to ensure that the equal employment opportunity policy and the Contractor's obligations under these specifications are being carried out. 7. Contractors are encouraged to participate in voluntary associations which assist in fulfilling their equal employment opportunity obligations. The efforts of a contractor association, joint contractor-union, contractor-community, or other similar group of which the Contractor is a member and participant, may be asserted as fulfilling any one or more of its obligations under these specifications provided that the Contractor actively participates in the group, makes every effort to assure that the group has a positive impact on the employment of minorities and women in the industry, ensures that the concrete benefits of the program are reflected in the Contractor's minority and female work force participation, and can provide access to documentation which demonstrates the effectiveness of actions taken on behalf of the Contractor. The obligation to comply, however, is the Contractor's. 8. The Contractor is required to provide equal employment opportunity for all minority groups, both male and female, and all women, both minority and non-minority. Consequently, the Contractor may be in violation of the Fair Employment and Housing Act (Government Code, Section et seq.) if a particular group is employed in a substantially disparate manner. 9. Establishment and implementation of a bona fide affirmative action plan pursuant to Section 8104 (b) of this Chapter shall create a rebuttal presumption that a contractor is in compliance with the requirements of Section of the Government Code and its implementing regulations. 10. The Contractor shall not use the nondiscrimination standards to discriminate against any person because of race, color, religion, sex, national origin, ancestry, physical handicap, medical condition, marital status, or age over (Reserved) 12. (Reserved) 13. The Contractor shall designate a responsible official to monitor all employment related activity to ensure that the company equal employment opportunity policy is being carried out, to submit reports relating to the provisions hereof as may be required by OCP, and to keep records. Records for each employee shall at least include the employee s name, address, telephone number, construction trade, union affiliation if any, employee identification number when assigned, social security number, race, sex, status (e.g., mechanic, apprentice trainee, helper, or laborer), dates of changes in status, hours worked per week in the indicated trade, rate of pay, and locations at which the work was performed. Records shall be maintained in any easily understandable and retrievable form; however, to the degree that existing records satisfy this requirement, contractors shall not be required to maintain separate records. NOTE: Authority cited: Sections (a) and (d), Government Code. Reference: Section 12990, Government Code. Page 13

54 INSURANCE, DEFENSE, AND INDEMNIFICATION. Bidders' attention is directed to the insurance requirements indicated below. It is highly recommended that bidders confer with their respective insurance carriers or brokers to determine the availability of insurance certificates and endorsements as prescribed and provided herein in advance of bid submission. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the Contract. Contractor shall procure and maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the Contractor's Bid A. MINIMUM SCOPE OF INSURANCE Coverage shall be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence Form CG 00 01) or Insurance Services Office Form (CG Owner s and Contractor s Protective Liability Coverage Form Coverage for Operations of Designated Contractor). 2. Insurance Services Office Form Number CA 0001 covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation Insurance as required by the State of California and Employers Liability Insurance. 4. Builder s Risk (Course of Construction) insurance covering all risks of loss less policy exclusions. 5. Surety bonds as described below B. MINIMUM LIMITS OF INSURANCE: The Contractor shall maintain limits of no less than: 1. General Liability (including operations, products, and completed operations): $5,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall be $5,000,000 or higher. If any earthwork, including, but not limited to: road work, excavation, footings, slabs, trenching, digging, etc., is required, the policy or other form of coverage shall include coverage for damage and injury caused by explosion, blasting, collapse, structural injuries, or damage to underground utilities. Page 14

55 2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage. 3. Worker s Compensation: As required by the State of California. 4. Employer s Liability: $1,000,000 each accident, $1,000,000 policy limit bodily injury by disease, $1,000,000 each employee bodily injury by disease. 5. Course of Construction: Not required C. DEDUCTIBLES AND SELF-INSURED RETENTIONS: Any deductibles or self-insured retentions must be declared to and approved by the County. At the option of the County, either: the insurer shall reduce or eliminate such deductibles or selfinsured retentions as respects the County, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the County guaranteeing payment of losses and related investigations, claims administration, and defense expenses D. OTHER INSURANCE PROVISIONS: The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The County, its officers, officials, employees and volunteers are to be covered as insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the Contractor s insurance, or as a separate owner's policy 2. For any claims related to the project, the Contractor's insurance coverage shall be primary insurance as respects the County, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the County, its officers, officials, employees, or volunteers shall be in excess of the Contractor's insurance and shall not contribute with it. 3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the County. Course of Construction policies shall contain the following provisions: 1. The County shall be named as loss payee. 2. The insurer shall waive all rights of subrogation against the County E. ACCEPTABILITY OF INSURERS: Page 15

56 Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Unless otherwise acceptable to the county. Exception may be made for the State Compensation Insurance Fund when not specifically rated F. VERIFICATION OF COVERAGE: Contractor shall furnish the County with original certificates and amendatory endorsements affecting coverage required by this clause. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements shall be on forms provided by the County or on other than the County s forms, provided those endorsements or policies conform to the requirements. However, failure to do so shall not operate as a waiver of these insurance requirements. As an alternative to the county s forms, the Contractor s insurer may provide complete copies of all required insurance policies, including endorsements affecting the coverage required by these specifications. All certificates and endorsements are to be received and approved by the County before work commences by mailing or delivering the same to the County of Inyo, Attention: Risk Manager, P. O. Drawer "N", Independence, California The County reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by the specifications, at any time G. WAIVER OF SUBROGATION: Contractor hereby agrees to waive subrogation that any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers Compensation policy shall be endorsed with a waiver of subrogation in favor of the county for all work performed by the Contractor, its employees, agents, and subcontractors H. SUBCONTRACTORS: The Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein J. SURETY BONDS: Contractor shall provide the following Surety Bonds: 1. A bid bond. 2. A performance bond. 3. A payment bond. The payment bond and the performance bond shall be in a sum equal to the contract price. Bonds shall be duly executed by a responsible corporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California K. DEFENSE AND INDEMNIFICATION: Contractor shall defend, indemnify and hold harmless the County, its agents, officers, employees, and volunteers from and against all claims, damages, losses, judgments, liabilities, expenses and other costs, including litigation costs and attorney's fees, arising out of, resulting Page 16

57 from, or in connection with the performance of this Contract by the Contractor, or Contractor's agents, officers or employees. Contractor's obligation to defend, indemnify and hold the County, its agents, officers, employees, and volunteers harmless applies to any actual or alleged personal injury, death, or damage or destruction to tangible or intangible property, including the loss of use. Excepting only those liabilities, claims, and damages caused solely and exclusively by the active fault or negligence of the County, the Engineer, or their officers, agents, employees, or volunteers, the Contractor's obligation under this paragraph extends to any claim, damage, loss, liability, expense or other cost which is caused in whole or in part by any act or omission of the Contractor or any of its subcontractors or the agents, employees, suppliers, or materialmen of any of them or anyone directly or indirectly employed by any of them, or anyone for whose acts or omissions any of them may be liable. Contractor's obligation to defend, indemnify and hold the County, its agents, officers, employees, and volunteers harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Contract for the Contractor to procure and maintain a policy of insurance coverage L. CONTRACTOR'S LIABILITY NOT LIMITED BY INSURANCE: Nothing contained in the insurance requirements applicable to the Contractor pursuant to this Contract shall be construed as limiting the liability of the Contractor or the Contractor's Sureties PARTIAL PAYMENTS. Attention is directed to Section , Partial Payments, of the Standard Specifications and these special provisions. For the purpose of making partial payments pursuant to Section , the amount set forth for any contract items of work hereinafter listed shall be deemed to be the maximum value to be paid for any given progress payment for said contract item of work. TRAFFIC CONTROL SYSTEM: $10,000 No partial payment will be made for any materials on hand that have been furnished but not incorporated into the work. The Contractor s attention is directed to the last paragraph of Section of the Standard Specifications that reads as follows: Attention is directed to the prohibitions and penalties pertaining to unlicensed contractors as provided in Business and Professions Code, Sections (a) and PAYMENT OF WITHHELD FUNDS. Section , Payment of Withheld Funds, of the Standard Specifications, has been superceded by Public Contract Code Section 10263, Withheld payments; substitution of securities for moneys; escrow; interest, which reads as follows: (a) Provisions shall be included in any invitation for bid and in any contract documents to permit the substitution of securities for any moneys withheld by a public agency to ensure performance under a contract. At the request and expense of the contractor, securities equivalent to the amount withheld shall be deposited with the State Treasurer or a state or federally chartered bank in California, as the escrow agent, who shall then pay the Page 17

58 moneys to the contractor. Upon satisfactory completion of the contract, the securities shall be returned to the contractor. (b) Alternatively, the contractor may request and the owner shall make payment of retentions earned directly to the escrow agent. The contractor may direct the investment of the payment into securities and the contractor shall receive the interest earned on the investments upon the same terms provided for in this section for securities deposited by the contractor. Upon satisfactory completion of the contract, the contractor shall receive from the escrow agent all securities, interest, and payments received by the escrow agent from the owner, pursuant to the terms of this section. (c) Alternatively, and subject to the approval and at the sole discretion of the public agency, the payment of retentions earned may be deposited directly with a person licensed under Division 6 (commencing with Section 17000) of the Financial Code as the escrow agent. Upon written request of an escrow agent who has not been approved by the public agency under this subdivision, the public agency shall provide written notice to that escrow agent within 10 business days of receipt of the request indicating the reason or reasons for not approving that escrow agent. An agent that has been disapproved by the public agency may not maintain any cause of action of any nature against the state or any public agency, officer, agent, or employee of any public agency, in connection with the disapproval of that escrow agent. The payments shall be deposited in a trust account with a federally charterted bank or savings association within 24 hours of receipt by the escrow agent. The contractor shall not place any retentions with the escrow agent in excess of the coverage provided to that escrow agent pursuant to subdivision (b) of Section of the Financial Code. In all respects not inconsistent with this subdivision, the remaining provisions of this section shall apply to escrow agents acting pursuant to this subdivision. In addition, an escrow agent subject to this subdivision shall maintain insurance to cover negligent acts and omissions of the escrow agent in connection with the handling of retentions under this section in an amount not less than one hundred thousand dollars ($100,000) per contract, executed by an admitted insurer and in a form satisfactory to the public agency. (d) Securities eligible for investment under this section shall include those listed in Section of the Government Code, bank or savings and loan certificates of deposit, interest-bearing demand deposit accounts, standby letters of credit, or any other security mutually agreed to by the contractor and public agency. The contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon PUBLIC CONVENIENCE AND SAFETY. The Contractor shall provide for the safety of traffic and the public in accordance with the provisions of Section , Public Safety, of the Standard Specifications and these Special Provisions. In addition to any other measures taken by the Contractor pursuant to the provisions of Section , Public Safety, of the Standard Specifications, the Contractor shall install temporary railing (Type K) between any lane carrying public traffic and any excavation, obstacle, or storage area when the following conditions exist: 1. Excavations. The near edge of the excavation is 12 feet or less from the edge of the lane, except: Page 18

59 a. Excavations covered with sheet steel or concrete covers of adequate thickness to prevent accidental entry by traffic or the public. b. Excavations less than one foot deep. c. Trenches less than one foot wide for irrigation pipe or electrical conduit, or excavations less than one foot in diameter. d. Excavations parallel to a lane for the purpose of pavement widening or reconstruction. e. Excavations in side slopes, where the slope is steeper than 4:1 (horizontal:vertical). f. Excavations protected by existing barrier or railing. 2. Temporarily Unprotected Permanent Obstacles. Whenever the work includes the installation of a fixed obstacle together with a protective system, such as a sign structure together with protective railing, and the Contractor elects to install the obstacle prior to installing the protective system; or whenever the Contractor, for his convenience and with permission of the Engineer, removes a portion of an existing protective railing at an obstacle and does not replace such railing complete in place during the same day. 3. Storage Areas. Whenever material or equipment is stored within 12 feet of the lane and such storage is not otherwise prohibited by the provisions of the Standard Specifications and these Special Provisions. The approach end of temporary railing (Type K), installed in accordance with the requirements in this section Public Convenience and Safety and in Section , Public Safety, of the Standard Specifications, shall be offset a minimum of 15 feet from the edge of the traffic lane open to public traffic. The temporary railing shall be installed on a skew toward the edge of the traffic lane of not more than one foot transversely to 10 feet longitudinally with respect to the edge of the traffic lane. If the 15 foot minimum offset cannot be achieved, the temporary railing shall be installed on the 10 to 1 skew to obtain the maximum available offset between the approach end of the railing and the edge of the traffic lane, and an array of temporary crash cushion modules shall be installed at the approach end of the temporary railing. Temporary railing (Type K) shall conform to the provisions in Section , Temporary Railing (Type K), of the Standard Specifications. Temporary railing (Type K), conforming to the details shown on 2002 Standard Plan T3, may be used. Temporary railing (Type K) that was fabricated prior to January 1, 1993, and conforms to 1988 Standard Plan B11-30, may be used, provided the fabrication date is printed on the required Certificate of Compliance. Except for installing, maintaining and removing traffic control devices, whenever work is performed or equipment is operated in the following work areas, the Contractor shall close the adjacent traffic lane unless otherwise provided in the Standard Specifications and these Special Provisions: Approach Speed of Public Traffic (Posted Limit - MPH) Over 45 WORK AREAS Within 6 feet of a traffic lane but not on a traffic lane. 35 to 45 Within 3 feet of a traffic lane but not on a traffic lane. Page 19

60 The lane closure provisions of this section shall not apply if the work area is protected by permanent or temporary railing or barrier. When traffic cones or delineators are used to delineate a temporary edge of a traffic lane, the line of cones or delineators shall be considered to be the edge of traffic lane; however, the Contractor shall not reduce the width of an existing lane to less than 10 feet without written approval from the Engineer. When work is not in progress on a trench or other excavation that required closure of an adjacent lane, the traffic cones or portable delineators used for the lane closure shall be placed off of and adjacent to the edge of the traveled way. The spacing of the cones or delineators shall be not more than the spacing used for the lane closure. Suspended loads or equipment shall not be moved or positioned over public traffic or pedestrians. Full compensation for conforming to the requirements in this section Public Convenience and Safety, including furnishing and installing temporary railing (Type K) and temporary crash cushion modules, shall be considered as included in the contract prices paid for the various items of work involved and no additional compensation will be allowed therefor 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 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 accordance with Section of the Health and Safety Code, removal of asbestos or hazardous substances, including any exploratory work to identify and determine the extent of such 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 such delay as provided in Section , Right of Way Delays, of the Standard Specifications PERFORMANCE OF SUBCONTRACTORS. The subcontractors listed by you in Bid Package 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 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 Public Contract Code 4100 et seq., the county may exercise the remedies provided under Public Contract Code The county may refer the violation to the Contractors State License Board as provided under Public Contract Code Page 20

61 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 (Business and Professions 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 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 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 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 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 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 CONTRACTOR S LICENSING LAWS. The successful bidder must be properly licensed as required by law (see Section C, Contractor s Licensing Laws, of the Standard Specifications), and consistent with the Contract Documents, at the time the contract is Page 21

62 awarded. Such license shall be a current California Class A Contractor s license or a combination of all of the specialty classifications that will be required for the complete performance of all of the work in accordance with the Contract Documents, and if applicable, a joint venture license as defined in the Business and Professions Code Section Failure of the bidder to obtain proper and adequate licensing for an award of a contract shall constitute failure to execute the contract and shall result in the forfeiture of the security of the bidder BORROW, DISPOSAL AND MATERIAL SITES. The operation of any borrow or disposal sites used by the Contractor to produce or dispose of material for this project shall comply with the requirements in the Standard Specifications and these Special Provisions. All provisions for water pollution, air pollution, and sound control that apply within the limits of the Contract shall apply to all borrow or disposal sites utilized by the Contractor. Attention is directed to the Surface Mining and Reclamation Act of 1975, commencing in Public Resources Code, Mining and Geology, Section 2710, which establishes regulations pertinent to surface mining operations. Material from mining operations furnished for this project shall only come from permitted sites in compliance with the Surface and Mining Reclamation Act of The Contractor shall obtain any necessary permits for borrow, disposal or material sites from the city or county having jurisdiction or from the appropriate pollution control boards and shall comply with all requirements of the permits. Full compensation for complying with the requirements for borrow, disposal and material sites in this section shall be considered as included in the Contract prices paid for the items of work which require the use of the sites and no additional compensation will be allowed therefor HIGHWAY CONSTRUCTION EQUIPMENT. Attention is directed to Sections D, Vehicle Code, and , Weight Limitations, of the Standard Specifications and these Special Provisions. Pursuant to the authority contained in Section 591 of the Vehicle Code, the Department has determined that, within such areas as are within the limits of the project and are open to public traffic, the Contractor shall comply with all the requirements set forth in Divisions 11, 12, 13, 14 and 15 of the Vehicle Code. Attention is directed to the statement in Section 591 that this section shall not relieve him or any person from the duty of exercising due care. The Contractor shall take all necessary precautions for safe operation of his equipment and the protection of the public from injury and damage from such equipment REQUIRED SUBCONTRACT AND MATERIAL SUPPLY CONTRACT PROVISION. All contracts valued at more than $15,000 between the General Contractor and its subcontractors and suppliers shall include a provision that the subcontractors and suppliers shall be bound to the Contractor to the same extent that the Contractor is bound to the County by all terms and provisions of this Contract RECORDS RETENTION CLAUSE. For the purpose of determining compliance with Public Contract Code, Section et.seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et.seq., when applicable, and all other matters connected with the performance of the Contract pursuant to Government Code Section , the Contractor, subcontractors, and the County shall maintain all books, documents, papers, accounting records, and other evidence pertaining to the performance of the Contract, including but not limited to, Page 22

63 the costs of administering the Contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period for three years from the date of final payment under the Contract. The County, the State Auditor, or any duly authorized representative of the State government shall have access to any books, records, and documents of the Contractor that are pertinent to the Contract for purpose of audits, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested SOUND CONTROL REQUIREMENTS. Sound control shall conform to the provisions in Section I, Sound Control Requirements, of the Standard Specifications and these special provisions. The noise level from the Contractor's operations between the hours of 9:00 p.m. and 6:00 a.m., shall not exceed 86 dba at a distance of 15 m {50 feet}. This requirement shall not relieve the Contractor from responsibility for complying with local ordinances regulating noise level. The noise level requirement shall apply to the equipment on the job or related to the job, including but not limited to trucks, transit mixers or transient equipment that may or may not be owned by the Contractor. The use of loud sound signals shall be avoided in favor of light warnings except those required by safety laws for the protection of personnel. Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefor AREAS FOR CONTRACTOR'S USE. Attention is directed to the provisions in Section , Rights in Land and Improvements, of the Standard Specifications and these special provisions. The highway right of way shall be used only for purposes that are necessary to perform the required work. The Contractor shall not occupy the right of way, or allow others to occupy the right of way, for purposes which are not necessary to perform the required work. Areas available for the use of the Contractor are designated on the plans. Use of the Contractor's work areas and other County property shall be at the Contractor's own risk, and the County shall not be held liable for damage to or loss of materials or equipment located within these areas. The Contractor shall remove equipment, materials, and rubbish from the work areas and other County property which the Contractor occupies. The Contractor shall leave the areas in a presentable condition in conformance with the provisions in Section , Final Cleaning Up, of the Standard Specifications WATER CONSERVATION. Attention is directed to the various sections of the Standard Specifications and these Special Provisions that require the use of water for the construction of this project. Attention is also directed to the provisions of Section 7, Legal Relations and Responsibility, of the Standard Specifications with regards to the Contractor s responsibilities for public convenience, public safety, preservation of property and responsibility for damage. Nothing in this section Water Conservation shall be construed as relieving the Contractor from furnishing an adequate supply of water required for the proper construction of this project Page 23

64 in accordance with the Standard Specifications or these Special Provisions or relieving the Contractor from the legal responsibilities defined in Section 7. The Contractor shall, whenever possible and not in conflict with the above requirements, minimize the use of water during construction of the project. Watering equipment shall be kept in good working order; water leaks shall be repaired promptly; and washing of equipment, except when necessary for safety or for the protection of equipment, shall be discouraged. When ordered by the Engineer, a dust palliative conforming to the provisions of Section 18, Dust Palliative, of the Standard Specifications shall be used to control dust on this project. Full Compensation for application of dust palliative shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore. Page 24

65 SECTION 6. - DELETED Page 25

66 SECTION 7. - DELETED Page 26

67 SECTION 8. MATERIALS SECTION 8-1. MISCELLANEOUS PREQUALIFIED AND TESTED SIGNING AND DELINEATION MATERIALS. The Department maintains the following list of Prequalified and Tested Signing and Delineation Materials. The Engineer shall not be precluded from sampling and testing products on the list of Prequalified and Tested Signing and Delineation Materials. The manufacturer of products on the list of Prequalified and Tested Signing and Delineation Materials shall furnish the Engineer a Certificate of Compliance in conformance with the provisions in Section , "Certificates of Compliance," of the Standard Specifications for each type of traffic product supplied. For those categories of materials included on the list of Prequalified and Tested Signing and Delineation Materials, only those products shown within the listing may be used in the work. Other categories of products, not included on the list of Prequalified and Tested Signing and Delineation Materials, may be used in the work provided they conform to the requirements of the Standard Specifications. Materials and products may be added to the list of Prequalified and Tested Signing and Delineation Materials if the manufacturer submits a New Product Information Form to the New Product Coordinator at the Transportation Laboratory. Upon a Departmental request for samples, sufficient samples shall be submitted to permit performance of required tests. Approval of materials or products will depend upon compliance with the specifications and tests the Department may elect to perform. PAVEMENT MARKERS, PERMANENT TYPE Retroreflective With Abrasion Resistant Surface (ARS) 1. Apex, Model 921AR (4" x 4") 2. Ennis Paint, Models C88 (4" x 4"), 911 (4" x 4") and C80FH 3. Ray-O-Lite, Models "AA" ARC II (4" x 4") and ARC Round Shoulder (4" x 4") 4. 3M Series 290 (3.5" x 4") 5. 3M Series 290 PSA 6. Glowlite, Inc Model 988AR (4" x 4") Retroreflective With Abrasion Resistant Surface (ARS) (for recessed applications only) 1. Ennis Paint, Model 948 (2.3" x 4.7") 2. Ennis Paint, Model 944SB (2" x 4")* 3. Ray-O-Lite, Model 2002 (2" x 4.6") 4. Ray-O-Lite, Model 2004 (2" x 4")* *For use only in 4.5 inch wide (older) recessed slots Non-Reflective, 4-inch Round 1. Apex Universal (Ceramic) 2. Apex Universal, Models 929 (ABS) and 929PP (Polypropylene) 3. Glowlite, Inc. (Ceramic) and PP (Polypropylene) Page 27

68 4. Hi-Way Safety, Inc., Models P W and 2001Y (ABS) 5. Interstate Sales, "Diamond Back" (Polypropylene) 6. Novabrite Models Cdot (White) Cdot-y (Yellow), Ceramic 7. Novabrite Models Pdot-w (White) Pdot-y (Yellow), Polypropylene 8. Three D Traffic Works TD10000 (ABS), TD10500 (Polypropylene) PAVEMENT MARKERS, TEMPORARY TYPE Temporary Markers For Long Term Day/Night Use (180 days or less) 1. Vega Molded Products "Temporary Road Marker" (3" x 4") 2. Filtrona Extrusion, Halftrack model 25, 26 and RPM 35 Temporary Markers For Short Term Day/Night Use (14 days or less) (For seal coat or chip seal applications, clear protective covers are required) 1. Apex Universal, Model Filtrona Extrusion, Models T.O.M., T.R.P.M., and "HH" (High Heat) 3. Hi-Way Safety, Inc., Model 1280/ Glowlite, Inc., Model 932 STRIPING AND PAVEMENT MARKING MATERIAL Permanent Traffic Striping and Pavement Marking Tape 1. Advanced Traffic Marking, Series 300 and Brite-Line, Series Brite-Line, "DeltaLine XRP" 4. Swarco Industries, "Director 35" (For transverse application only) 5. Swarco Industries, "Director 60" 6. 3M, "Stamark" Series 380 and M, "Stamark" Series 420 (For transverse application only) Temporary (Removable) Striping and Pavement Marking Tape (180 days or less) 1. Advanced Traffic Marking, Series Brite-Line, Series Garlock Rubber Technologies, Series P.B. Laminations, Aztec, Grade Swarco Industries, "Director-2" 6. Trelleborg Industries, R140 Series 7. 3M Series 620 "CR", and Series A M Series A145, Removable Black Line Mask (Black Tape: for use only on Hot mix asphalt surfaces) 9. Advanced Traffic Marking Black "Hide-A-Line" (Black Tape: for use only on Hot mix asphalt surfaces) 10. Brite-Line "BTR" Black Removable Tape (Black Tape: for use only on Hot mix asphalt surfaces) 11. Trelleborg Industries, RB-140 (Black Tape: for use only on Hot mix asphalt surfaces) Preformed Thermoplastic (Heated in place) 1. Flint Trading Inc., "Hot Tape" 2. Flint Trading Inc., "Premark Plus" 3. Ennis Paint Inc., "Flametape" Page 28

69 Ceramic Surfacing Laminate, 6" x 6" 1. Highway Ceramics, Inc. CLASS 1 DELINEATORS One Piece Driveable Flexible Type, 66-inch 1. Filtrona Extrusion, "Flexi-Guide Models 400 and 566" 2. Carsonite, Curve-Flex CFRM Carsonite, Roadmarker CRM FlexStake, Model 654 TM 5. GreenLine Model CGD1-66 Special Use Type, 66-inch 1. Filtrona Extrusion, Model FG 560 (with 18-inch U-Channel base) 2. Carsonite, "Survivor" (with 18-inch U-Channel base) 3. Carsonite, Roadmarker CRM-375 (with 18-inch U-Channel base) 4. FlexStake, Model GreenLine Model CGD (with 18-inch U-Channel base) 6. Impact Recovery Model D36, with #105 Driveable Base 7. Safe-Hit with 8-inch pavement anchor (SH248-GP1) 8. Safe-Hit with 15-inch soil anchor (SH248-GP2) and with 18-inch soil anchor (SH248-GP3) Surface Mount Type, 48-inch 1. Bent Manufacturing Company, Masterflex Model MFEX Carsonite, "Channelizer" 3. FlexStake, Models 704, 754 TM, and EB4 4. Impact Recovery Model D48, with #101 Fixed (Surface-Mount) Base 5. Three D Traffic Works "Channelflex" ID No W CHANNELIZERS Surface Mount Type, 36-inch 1. Bent Manufacturing Company, Masterflex Models MF (Round) MF (Flat) and MFEX Filtrona Extrusion, Flexi-Guide Models FG300PE, FG300UR, and FG300EFX 3. Carsonite, "Super Duck" (Round SDR-336) 4. Carsonite, Model SDCF03601MB "Channelizer" 5. FlexStake, Models 703, 753 TM, and EB3 6. GreenLine, Model SMD Hi-way Safety, Inc. "Channel Guide Channelizer" Model CGC36 8. Impact Recovery Model D36, with #101 Fixed (Surface-Mount) Base 9. Safe-Hit, Guide Post, Model SH236SMA and Dura-Post, Model SHL36SMA 10. Three D Traffic Works "Boomerang" 5200 Series Lane Separation System 1. Filtrona Extrusion, "Flexi-Guide (FG) 300 Curb System" 2. Qwick Kurb, "Klemmfix Guide System" 3. Dura-Curb System 4. Tuff Curb Page 29

70 CONICAL DELINEATORS, 42-inch (For 28-inch Traffic Cones, see Standard Specifications) 1. Bent Manufacturing Company "T-Top" 2. Plastic Safety Systems "Navigator-42" 3. TrafFix Devices "Grabber" 4. Three D Traffic Works "Ringtop" TD7000, ID No Three D Traffic Works, TD Work Area Protection Corp. C-42 OBJECT MARKERS Type "K", 18-inch 1. Filtrona Extrusion, Model FG318PE 2. Carsonite, Model SMD FlexStake, Model 701 KM 4. Safe-Hit, Model SH718SMA Type "Q" Object Markers, 24-inch 1. Bent Manufacturing "Masterflex" Model MF Filtrona Extrusion, Model FG324PE 3. Carsonite, "Channelizer" 4. FlexStake, Model 701KM 5. Safe-Hit, Models SH824SMA_WA and SH824GP3_WA 6. Three D Traffic Works ID No W and TD Three D Traffic Works ID No W CONCRETE BARRIER MARKERS AND TEMPORARY RAILING (TYPE K) REFLECTORS Impactable Type 1. ARTUK, "FB" 2. Filtrona Extrusion, Models PCBM-12 and PCBM-T12 3. Duraflex Corp., "Flexx 2020" and "Electriflexx" 4. Hi-Way Safety, Inc., Model GMKRM Plastic Safety Systems "BAM" Models OM-BARR and OM-BWAR 6. Three D Traffic Works "Roadguide" Model TD 9300 Non-Impactable Type 1. ARTUK, JD Series 2. Plastic Safety Systems "BAM" Models OM-BITARW and OM-BITARA 3. Vega Molded Products, Models GBM and JD 4. Plastic Vacuum Forming, "Cap-It C400" METAL BEAM GUARD RAIL POST MARKERS (For use to the left of traffic) 1. Filtrona Extrusion, "Mini" (3" x 10") 2. Creative Building Products, "Dura-Bull, Model 11201" 3. Duraflex Corp., "Railrider" 4. Plastic Vacuum Forming, "Cap-It C300" Page 30

71 CONCRETE BARRIER DELINEATORS, 16-inch (For use to the right of traffic) 1. Filtrona Extrusion, Model PCBM T Safe-Hit, Model SH216RBM 3. Three D Traffic Works "Roadguide" Model 9400 CONCRETE BARRIER-MOUNTED MINI-DRUM (10" x 14" x 22") 1. Stinson Equipment Company "SaddleMarker" GUARD RAILING DELINEATOR (Place top of reflective element at 48 inches above plane of roadway) Wood Post Type, 27-inch 1. Filtrona Extrusion, FG 427 and FG Carsonite, Model FlexStake, Model 102 GR 4. GreenLine GRD Safe-Hit, Model SH227GRD 6. Three D Traffic Works "Guardflex" TD New Directions Mfg, NDM27 Steel Post Type 1. Carsonite, Model CFGR-327 RETROREFLECTIVE SHEETING Channelizers, Barrier Markers, and Delineators 1. Avery Dennison T-6500 Series (For rigid substrate devices only) 2. Avery Dennison WR-7100 Series 3. Nippon Carbide Industries, Flexible Ultralite Grade (ULG) II 4. Reflexite, PC-1000 Metalized Polycarbonate 5. Reflexite, AC-1000 Acrylic 6. Reflexite, AP-1000 Metalized Polyester 7. Reflexite, Conformalight, AR-1000 Abrasion Resistant Coating 8. 3M, High Intensity Traffic Cones, 4-inch and 6-inch Sleeves 1. Nippon Carbide Industries, Flexible Ultralite Grade (ULG) II 2. Reflexite, Vinyl, "TR" (Semi-transparent) or "Conformalight" 3. 3M Series Avery Dennison S-9000C Drums 1. Avery Dennison WR Nippon Carbide Industries, Flexible Ultralite Grade (ULG) II 3. Reflexite, "Conformalight", "Super High Intensity" or "High Impact Drum Sheeting" 4. 3M Series 3810 Barricades: Type I, Medium-Intensity (Typically Enclosed Lens, Glass-Bead Element) 1. Nippon Carbide Industries, CN8117 Page 31

72 2. Avery Dennison, W 1100 series 3. 3M Series CW 44 Barricades: Type II, Medium-High-Intensity (Typically Enclosed Lens, Glass-Bead Element) 1. Avery Dennison, W-2100 Series Vertical Clearance Signs: Structure Mounted 1. 3M Model 4061, Diamond Grade DG3, Fluorescent Yellow Signs: Type II, Medium-High-Intensity (Typically Enclosed Lens, Glass-Bead Element) 1. Avery Dennison, T-2500 Series 2. Nippon Carbide Industries, Nikkalite Signs: Type III, High-Intensity (Typically Encapsulated Glass-Bead Element) 1. Avery Dennison, T-5500A and T-6500 Series 2. Nippon Carbide Industries, Nikkalite Brand Ultralite Grade II 3. 3M 3870 and 3930 Series Signs: Type IV, High-Intensity (Typically Unmetallized Microprismatic Element) 1. Avery Dennison, T-6500 Series 2. Nippon Carbide Industries, Crystal Grade, Series 3. Nippon Carbide Industries, Model No Fluorescent Orange 4. 3M Series 3930 and Series 3924S Signs: Type VI, Elastomeric (Roll-Up) High-Intensity, without Adhesive 1. Avery Dennison, WU Novabrite LLC, "Econobrite" 3. Reflexite "Vinyl" 4. Reflexite "SuperBright" 5. Reflexite "Marathon" 6. 3M Series RS20 Signs: Type VII, Super-High-Intensity (Typically Unmetallized Microprismatic Element) 1. 3M Series 3924S, Fluorescent Orange 2. 3M LDP Series 3970 Signs: Type VIII, Super-High-Intensity (Typically Unmetallized Microprismatic Element) 1. Avery Dennison, T-7500 Series 2. Avery Dennison, T-7511 Fluorescent Yellow 3. Avery Dennison, T-7513 Fluorescent Yellow Green 4. Avery Dennison, W-7514 Fluorescent Orange 5. Nippon Carbide Industries, Nikkalite Crystal Grade Series Nippon Carbide Industries, Nikkalite Crystal Grade Model Fluorescent Orange Signs: Type IX, Very-High-Intensity (Typically Unmetallized Microprismatic Element) 1. 3M VIP Series 3981 Diamond Grade Fluorescent Yellow 2. 3M VIP Series 3983 Diamond Grade Fluorescent Yellow/Green 3. 3M VIP Series 3990 Diamond Grade 4. Avery Dennison T-9500 Series 5. Avery Dennison, T9513, Fluorescent Yellow Green 6. Avery Dennison, W9514, Fluorescent Orange Page 32

73 7. Avery Dennison, T-9511 Fluorescent Yellow SPECIALTY SIGNS 1. Reflexite "Endurance" Work Zone Sign (with Semi-Rigid Plastic Substrate) ALTERNATIVE SIGN SUBSTRATES Fiberglass Reinforced Plastic (FRP) and Expanded Foam PVC 1. Fiber-Brite (FRP) 2. Sequentia, "Polyplate" (FRP) 3. Inteplast Group "InteCel" (0.5 inch for Post-Mounted CZ Signs, 48-inch or less)(pvc) Aluminum Composite, Temporary Construction Signs and Permanent Signs up to 4 foot, 7 Inches 1. Alcan Composites "Dibond Material, 80 mils" 2. Mitsubishi Chemical America, Alpolic Bone Safety Signs, Bone Light ACM Page 33

74 SECTION 8-2 MISCELLANEOUS PORTLAND CEMENT CONCRETE. Portland cement concrete shall conform to the provisions in Section 90, "Portland Cement Concrete," of the Standard Specifications and these special provisions. The Department maintains a list of sources of fine and coarse aggregate that have been approved for use with a reduced amount of supplementary cementitious material in the total amount of cementitious material to be used. A source of aggregate will be considered for addition to the approved list if the producer of the aggregate submits to the Transportation Laboratory certified test results from a qualified testing laboratory that verify the aggregate complies with the requirements. Before the testing starts, the aggregate test shall be registered with the Department. A registration number can be obtained by calling (916) The registration number shall be used as the identification for the aggregate sample in correspondence with the Department. Upon request, a split of the tested sample shall be provided to the Department. Approval of aggregate will depend upon compliance with the specifications, based on the certified test results submitted, together with any replicate testing the Department may elect to perform. Approval will expire 3 years from the date the most recent registered and evaluated sample was collected from the aggregate source. Qualified testing laboratories shall conform to the following requirements: 1. Laboratories performing ASTM Designation: C 1293 shall participate in the Cement and Concrete Reference Laboratory (CCRL) Concrete Proficiency Sample Program and shall have received a score of 3 or better on each test of the previous 2 sets of concrete samples. 2. Laboratories performing ASTM Designation: C 1260 shall participate in the Cement and Concrete Reference Laboratory (CCRL) Pozzolan Proficiency Sample Program and shall have received a score of 3 or better on the shrinkage and soundness tests of the previous 2 sets of pozzolan samples. Aggregates on the list shall conform to one of the following requirements: 1. When the aggregate is tested in conformance with the requirements in California Test 554 and ASTM Designation: C 1293, the average expansion at one year shall be less than or equal to percent; or 2. When the aggregate is tested in conformance with the requirements in California Test 554 and ASTM Designation: C 1260, the average of the expansion at 16 days shall be less than or equal to 0.15 percent. If the aggregates used in the concrete are on the Department's list, the minimum amount of supplementary cementitious material shall conform to the following: 1. If fly ash or natural pozzolan conforming to the provisions in Section C, "Required Use of Supplementary Cementitious Materials," of the Standard Specifications is used, the minimum amount of supplementary cementitious material shall be 15 percent by weight of the total cementitious material; or 2. If silica fume conforming to the provisions in Section C, "Required Use of Supplementary Cementitious Materials," of the Standard Specifications is used, the minimum Page 34

75 amount of supplementary cementitious material shall be 7 percent by weight of the total cementitious material. The limitation on tricalcium silicate (C 3 S) content in Type II cement specified in Section A, "Cement," of the Standard Specifications shall not apply ONSITE MATERIALS. Information about onsite materials is described in the report entitled Subsurface Investigation and Pavement Design for the Independence Town Roads Rehabilitation Project prepared by Eastern Sierra Engineering for the Inyo County Road Department, which is included as an Appendix. Page 35

76 SECTION 9. DESCRIPTION OF WORK GENERAL. The objective of the project is to improve the pavement conditions on North Clay, Market, Washington, Payne, Park and Rosedale Streets in Independence. The scope of work for the project generally consists of the placement and maintenance of construction area signs; the preparation and implementation of a traffic control plan; the preparation and implementation of a storm water pollution prevention plan; pulverization of asphalt concrete pavement and native material on the center 24-foot width of the 60-foot wide streets; the installation of 2 inches of new hot-mix asphalt pavement on the center 24-foot width; sealing random cracks and installing a hot-mix asphalt leveling course on existing pavement that will not be pulverized; the installation of a seal coat on the entire 60-foot width of the streets; the installation of concrete ADA ramps at intersections with existing sidewalks; installing new drop inlets; replacing roadside signs; and painting pavement markings as shown on the plans and as described in the special provisions. Page 36

77 SECTION 10. CONSTRUCTION DETAILS ORDER OF WORK. Order of work shall conform to the provisions in Section , Order of Work, of the Standard Specifications and these Special Provisions. 1. Construction operations shall commence only after the Contractor s receipt of the Notice To Proceed, and not before the Contractor has: 2. Installed all necessary construction area signs, barricades, and other traffic control devices; and 3. Notified all affected Federal, State, and local law enforcement, fire prevention authorities, emergency response agencies, and local residents at least five (5) working days in advance of commencement and completion of construction activities. 4. Received the approved SWPPP from the Engineer. 5. Attention is directed to "Miscellaneous Concrete Construction" of these special provisions regarding constructing a 2' x 2' test panel prior to constructing curb ramps with detectable warning surfaces. Attention is directed to Sections , Maintaining Traffic, , Traffic Control System for Lane Closure, , Temporary Pavement Delineation, and , Construction Area Signs of these Special Provisions. The work shall be performed such that construction operations are completed on one lane before they are initiated on the other lane. Construction operations shall not be performed concurrently on both sides of the highway. During the evening and when construction operations are not occurring, both lanes shall be open for traffic. The Contractor will be allowed to select the order and extent of operations to be performed during a workday. However, the lane under construction shall be properly prepared and opened to public traffic after working hours. The Contractor shall submit a Staging Plan to the Engineer for approval that shall describe the order of construction operations and the provisions to be made for opening lanes to public traffic. In each stage, after completion of the preceding stage, the first order of work shall be the removal of existing pavement delineation, as directed by the Engineer. Pavement delineation removal shall be coordinated with new delineation so that lane lines are provided at all times on traveled ways open to public traffic. Before obliterating any pavement delineation that is to be replaced on the same alignment and location, as determined by the Engineer, such pavement delineation shall be referenced by the Contractor, with a sufficient number of control points to reestablish the alignment and location of the new pavement delineation. The references shall also include the limits or changes in striping pattern, including one and two-way barrier lines, limit lines, crosswalks, and other pavement markings. Full compensation for referencing pavement delineation shall be considered as included in the contract prices paid for new pavement delineation and no additional compensation will be allowed therefore. Page 37

78 At the end of each working day if a difference in excess of 2 inches exists between the elevation of the existing pavement and the elevation of excavations within 5 feet of the traveled way, material shall be placed and compacted against the vertical cuts adjacent to the traveled way. During excavation operations, native material may be used for this purpose; however, once placing of the structural section commences, structural material shall be used. The material shall be placed to the level of the elevation of the top of existing pavement and tapered at a slope of 4:1 (horizontal:vertical) or flatter to the bottom of the excavation. Treated base shall not be used for the taper. Full compensation for placing the material on a 4:1 slope, regardless of the number of times the material is required, and subsequent removing or reshaping of the material to the lines and grades shown on the plans shall be considered as included in the contract price paid for the materials involved and no additional compensation will be allowed therefor. No payment will be made for material placed in excess of that required for the structural section CONSTRUCTION SITE MANAGEMENT. Construction site management shall consist of controlling potential sources of water pollution before they come in contact with storm water systems or watercourses. The Contractor shall control material pollution and manage waste and non-storm water existing at the construction site by implementing effective handling, storage, use, and disposal practices. Attention is directed to "Water Pollution Control" of these special provisions regarding the Contractor's appointment of a water pollution control manager (WPCM) for the project. The Contractor shall train all employees and subcontractors regarding: A Material pollution prevention and control; B Waste management; C Non-storm water management; D Identifying and handling hazardous substances; and E Potential dangers to humans and the environment from spills and leaks or exposure to toxic or hazardous substances. Training shall take place before starting work on this project. New employees shall receive the complete training before starting work on this project. The Contractor shall have regular meetings to discuss and reinforce spill prevention and control; material delivery, storage, use, and disposal; waste management; and non-storm water management procedures. Instructions for material and waste handling, storage, and spill reporting and cleanup shall be posted at all times in an open, conspicuous, and accessible location at the construction site. Nonhazardous construction site waste and excess material shall be recycled when practical or disposed of in accordance with the provisions in Section , "Disposal of Material Outside the Highway Right of Way," of the Standard Specifications, unless otherwise specified. Vehicles and equipment at the construction site shall be inspected by the WPCM on a frequent, predetermined schedule, and by the operator each day of use. Leaks shall be repaired immediately, or the vehicle or equipment shall be removed from the construction site. SPILL PREVENTION AND CONTROL. The Contractor shall implement spill and leak prevention procedures when chemicals or hazardous substances are stored. Spills of petroleum Page 38

79 products; substances listed under CFR Title 40, Parts 110, 117, and 302; and sanitary and septic waste shall be contained and cleaned up as soon as is safe. Minor spills involve small quantities of oil, gasoline, paint, or other material that can be controlled by the first responder upon discovery of the spill. Cleanup of minor spills includes: A. Containing the spread of the spill, B. Recovering the spilled material using absorption, C. Cleaning the contaminated area, and D. Disposing of contaminated material promptly and properly. Semi-significant spills are those that can be controlled by the first responder with the help of other personnel. Cleanup of semi-significant spills shall be immediate. Cleanup of semisignificant spills includes: A Containing the spread of the spill; B Recovering the spilled material using absorption if the spill occurs on paved or an impermeable surface; C Containing the spill with an earthen dike and digging up contaminated soil for disposal if the spill occurs on dirt; D Covering the spill with plastic or other material to prevent contaminating runoff if the spill occurs during precipitation; and E Disposing of contaminated material promptly and properly. Significant or hazardous spills are those that cannot be controlled by construction personnel. Notifications of these spills shall be immediate. The following steps shall be taken: A Construction personnel shall not attempt to cleanup the spill until qualified staff have arrived; B Notify the Engineer and follow up with a written report; C Obtain the services of a spills contractor or hazardous material team immediately; D Notify the local emergency response team by dialing 911 and county officials at the emergency phone numbers kept on the construction site; E Notify the Governor's Office of Emergency Services Warning Center at (805) ; F Notify the National Response Center at (800) regarding spills of Federal reportable quantities in conformance with CFR Title 40, Parts 110, 119, and 302; G Notify other agencies as appropriate, including: 1 Fire Department, 2 Public Works Department, 3 Coast Guard, 4 Highway Patrol, 5 City Police or County Sheriff Department, 6 Department of Toxic Substances, 7 California Division of Oil and Gas, 8 Cal OSHA, or 9 Regional Water Resources Control Board. The WPCM shall oversee and enforce proper spill prevention and control measures. Minor, semi-significant, and significant spills shall be reported to the Contractor's WPCM who shall notify the Engineer immediately. Page 39

80 The Contractor shall prevent spills from entering storm water runoff before and during cleanup. Spills shall not be buried or washed with water. The Contractor shall keep material or waste storage areas clean, well organized, and equipped with enough cleanup supplies for the material being stored. Plastic shall be placed under paving equipment when not in use to catch drips. MATERIAL MANAGEMENT. Material shall be delivered, used, and stored for this contract in a manner that minimizes or eliminates discharge of material into the air, storm drain systems, or watercourses. The Contractor shall implement the practices described in this section when taking delivery of, using, or storing the following materials: A. Hazardous chemicals including: Acids Curing Compounds Petroleum products including: Lime Soil stabilizers and binders Fuel Glues Fertilizers, pesticides, herbicides Oil Grease Adhesives Detergents Asphalt components Paints Plaster Solvents Comcrete components The Contractor shall supply the Material Safety Data Sheet to the Engineer for material used or stored. The Contractor shall keep an accurate inventory of material delivered and stored at the construction site. Employees trained in emergency spill cleanup procedures shall be present when hazardous materials or chemicals are unloaded. The Contractor shall use recycled or less hazardous products when practical. MATERIAL STORAGE. The Contractor shall store liquids, petroleum products, and substances listed in CFR Title 40, Parts 110, 117, and 302 in containers or drums approved by the United States Environmental Protection Agency, and place them in secondary containment facilities. Secondary containment facilities shall be impervious to the materials stored there for a minimum contact Throughout the rainy season secondary containment facilities shall be covered during nonworking days and when precipitation is predicted. Secondary containment facilities shall be adequately ventilated. The Contractor shall keep the secondary containment facility free of accumulated rainwater or spills. After precipitation, or in the event of spills or leaks, accumulated liquid shall be collected and placed into drums within 24 hours. These liquids shall be handled as hazardous waste in accordance with the provisions in "Hazardous Waste" of these special provisions, unless testing determines them to be nonhazardous. Page 40

81 Incompatible materials, such as chlorine and ammonia, shall not be stored in the same secondary containment facility. Materials shall be stored in the original containers with the original product labels maintained in legible condition. Damaged or illegible labels shall be replaced immediately. The secondary containment facility shall have the capacity to contain precipitation from a 24- hour-long, 25-year storm; and 10 percent of the aggregate volume of all containers, or all of the volume of the largest container within the facility, whichever is greater. The Contractor shall store bagged or boxed material on pallets. Throughout the rainy season, bagged or boxed material shall be protected from wind and rain during non-working days and when precipitation is predicted. The Contractor shall provide sufficient separation between stored containers to allow for spill cleanup or emergency response access. Storage areas shall be kept clean, well organized, and equipped with cleanup supplies appropriate for the materials being stored. The Contractor shall repair or replace perimeter controls, containment structures, covers, and liners as needed. Storage areas shall be inspected before and after precipitation, and at least weekly during other times. STOCKPILE MANAGEMENT. The Contractor shall reduce or eliminate potential air and water pollution from stockpiled material including soil, paving material, or pressure treated wood. Stockpiles shall be located out of floodplains when possible, and at least 50 feet from concentrated flows of storm water, drainage courses, or inlets unless written approval is obtained from the Engineer. The Contractor may discontinue adding or removing material for up to 21 days and a stockpile will still be considered active. The Contractor shall protect active stockpiles with plastic or geotextile cover, soil stabilization measures, or with linear sediment barrier when precipitation is predicted. Active stockpiles of cold mix asphalt concrete shall be placed on an impervious surface and covered with plastic when precipitation is predicted. The Contractor shall protect inactive soil stockpiles with a plastic or geotextile cover, or with soil stabilization measures at all times during the rainy season. A linear sediment barrier around the perimeter of the stockpile shall also be used. During the non-rainy season soil stockpiles shall be covered and protected with a linear sediment barrier when precipitation is predicted. The Contractor shall control wind erosion during dry weather as provided in Section 10, "Dust Control," of the Standard Specifications. Stockpiles of portland cement concrete rubble, asphalt concrete (AC), hot mix asphalt (HMA), AC and HMA rubble, aggregate base, or aggregate subbase shall be covered with plastic or geotextile, or protected with a linear sediment barrier at all times during the rainy season, and when precipitation is predicted during the non-rainy season. Page 41

82 Stockpiles of cold mix asphalt concrete shall be placed on and covered with impermeable material at all times during the rainy season, and when precipitation is predicted during the nonrainy season. Stockpiles of pressure treated wood shall be covered with impermeable material and placed on pallets at all times during the rainy season, and when precipitation is predicted during the nonrainy season. The Contractor shall repair or replace linear sediment barriers and covers as needed or as directed by the Engineer to keep them functioning properly. Sediment shall be removed when it accumulates to 1/3 of the linear sediment barrier height. WASTE MANAGEMENT SOLID WASTE. The Contractor shall not allow litter or debris to accumulate anywhere on the construction site, including storm drain grates, trash racks, and ditch lines. The Contractor shall pick up and remove trash and debris from the construction site at least once a week. The WPCM shall monitor solid waste storage and disposal procedures on the construction site. The Contractor shall provide enough dumpsters of sufficient size to contain the solid waste generated by the project. Dumpsters shall be emptied when refuse reaches the fill line. Dumpsters shall be watertight. The Contractor shall not wash out dumpsters on the construction site. The Contractor shall provide additional containers and more frequent pickup during the demolition phase of construction Solid waste includes: A. Brick, B. Mortar, C. Timber, D. Metal scraps, E. Sawdust, F. Pipe, G. Electrical cuttings, H. Non-hazardous equipment parts, I. Styrofoam and other packaging materials, J. Vegetative material and plant containers from highway planting, and K. Litter and smoking material, including litter generated randomly by the public. Trash receptacles shall be provided and used in the Contractor's yard, field trailers, and locations where workers gather for lunch and breaks. HAZARDOUS WASTE. The Contractor shall implement hazardous waste management practices when waste is generated on the construction site from the following substances: A. Petroleum products, B. Asphalt products, C. Concrete curing compound, D. Pesticides, E. Acids, F. Paints, G. Stains, Page 42

83 H. Solvents, I. Wood preservatives, J. Roofing tar, and K. Materials classified as hazardous by California Code of Regulations, Title 22, Division 4.5; or listed in CFR Title 40, Parts 110, 117, 261, or 302. Nothing in these special provisions shall relieve the Contractor of the responsibility for compliance with Federal, State, and local laws regarding storage, handling, transportation, and disposal of hazardous wastes. The SWPPP shall oversee and enforce hazardous waste management practices. Production of hazardous materials and hazardous waste on the construction site shall be kept to a minimum. Perimeter controls, containment structures, covers, and liners shall be repaired or replaced when damaged. The Contractor shall have a laboratory certified by the Department of Health Services (DHS) sample and test waste when hazardous material levels are unknown to determine safe methods for storage and disposal. The Contractor shall segregate potentially hazardous waste from nonhazardous waste at the construction site. Hazardous waste shall be handled, stored, and disposed of as required in California Code of Regulations, Title 22, Division 4.5, Section ; and in CFR Title 49, Parts 261, 262, and 263. The Contractor shall store hazardous waste in sealed containers constructed and labeled with the contents and date accumulated as required in California Code of Regulations, Title 22, Division 4.5; and in CFR Title 49, Parts 172, 173, 178, and 179. Hazardous waste containers shall be kept in temporary containment facilities conforming to the provisions in "Material Storage" of these special provisions. There shall be adequate storage volume and containers shall be conveniently located for hazardous waste collection. Containers of hazardous waste shall not be overfilled and hazardous wastes shall not be mixed. Containers of dry waste that are not watertight shall be stored on pallets. The Contractor shall not allow potentially hazardous waste to accumulate on the ground. Hazardous waste shall be stored away from storm drains, watercourses, moving vehicles, and equipment. The Contractor shall clean water based or oil based paint from brushes or equipment within a contained area and shall not contaminate soil, watercourses, or storm drain systems. Paints, thinners, solvents, residues, and sludges that cannot be recycled or reused shall be disposed of as hazardous waste. When thoroughly dry, latex paint and paint cans, used brushes, rags, absorbent materials, and drop cloths shall be disposed of as solid waste. The Contractor shall dispose of hazardous waste within 90 days of being generated. Hazardous waste shall be disposed of by a licensed hazardous waste transporter using uniform hazardous waste manifest forms and taken to a Class I Disposal Site. A copy of the manifest shall be provided to the Engineer. CONTAMINATED SOIL. The Contractor shall identify contaminated soil from spills or leaks by noticing discoloration, odors, or differences in soil properties. Soil with evidence of contamination shall be sampled and tested by a laboratory certified by DHS. If levels of Page 43

84 contamination are found to be hazardous, the soil shall be handled and disposed of as hazardous waste. The Contractor shall prevent the flow of water, including ground water, from mixing with contaminated soil by using one or a combination of the following measures: A. Berms, B. Cofferdams, C. Grout curtains, D. Freeze walls, or E. Concrete seal course. If water mixes with contaminated soil and becomes contaminated, the water shall be sampled and tested by a laboratory certified by the DHS. If levels of contamination are found to be hazardous, the water shall be handled and disposed of as hazardous waste. CONCRETE WASTE. The Contractor shall implement practices to prevent the discharge of portland cement concrete, AC, or HMA waste into storm drain systems or watercourses. Portland cement concrete, AC, or HMA waste shall be collected at the following locations and disposed of: A. Where concrete material, including grout, is used; B. Where concrete dust and debris result from demolition; C. Where sawcutting, coring, grinding, grooving, or hydro-concrete demolition of portland cement concrete, AC, or HMA creates a residue or slurry; or D. Where concrete trucks or other concrete-coated equipment is cleaned at the construction site. SANITARY AND SEPTIC WASTE. Wastewater from sanitary or septic systems shall not be discharged or buried within the Department right of way. The WPCM shall inspect sanitary or septic waste storage and monitor disposal procedures at least weekly. Sanitary facilities that discharge to the sanitary sewer system shall be properly connected and free from leaks. The Contractor shall obtain written approval from the local health agency, city, county, and sewer district before discharging from a sanitary or septic system directly into a sanitary sewer system, and provide a copy to the Engineer. The Contractor shall comply with local health agency requirements when using an on-site disposal system. LIQUID WASTE. The Contractor shall not allow construction site liquid waste, including the following, to enter storm drain systems or watercourses: A. Drilling slurries or fluids, B. Grease-free or oil-free wastewater or rinse water, C. Dredgings, D. Liquid waste running off a surface including wash or rinse water, or E. Other non-storm water liquids not covered by separate permits. The Contractor shall hold liquid waste in structurally sound, leak proof containers such as: A. Sediment traps, Page 44

85 B. Roll-off bins, or C. Portable tanks. Liquid waste containers shall be of sufficient quantity and volume to prevent spills and leaks. The containers shall be stored at least 50 feet from storm drains, watercourses, moving vehicles, and equipment. The Contractor shall remove and dispose of deposited solids from sediment traps as provided in "Solid Waste" of these special provisions, unless determined infeasible by the Engineer. Liquid waste may require testing to determine hazardous material content before disposal. Drilling fluids and residue shall be disposed of outside the highway right of way. If the Engineer determines that an appropriate location is available, fluids and residue exempt under California Code of Regulations, Title 23, Section 2511(g) may be dried by infiltration and evaporation in a leak proof container. The remaining solid waste may be disposed of as provided in "Solid Waste" of these special provisions. NON-STORM WATER MANAGEMENT WATER CONTROL AND CONSERVATION. The Contractor shall prevent erosion or the discharge of pollutants into storm drain systems or watercourses by managing the water used for construction operations. The Contractor shall obtain the Engineer's approval before washing anything on the construction site with water that could discharge into a storm drain system or watercourse. Discharges shall be reported to the Engineer immediately. The Contractor shall implement water conservation practices when water is used on the construction site. Irrigation areas shall be inspected and watering schedules shall be adjusted to prevent erosion, excess watering, or runoff. The Contractor shall shut off the water source to broken lines, sprinklers, or valves, and they shall be repaired as soon as possible. When possible, water from waterline flushing shall be reused for landscape irrigation. Paved areas shall be swept and vacuumed, not washed with water. Construction water runoff, including water from water line repair, shall be directed to areas to infiltrate into the ground and shall not be allowed to enter storm drain systems or watercourses. Spilled water shall not be allowed to escape water truck filling areas. When possible, the Contractor shall direct water from off-site sources around the construction site, or shall minimize contact with the construction site. ILLEGAL CONNECTION AND DISCHARGE DETECTION AND REPORTING. The Contractor shall inspect the construction site and the site perimeter before beginning work for evidence of illegal connections, discharges, or dumping. Subsequently, the construction site and perimeter shall be inspected on a frequent, predetermined schedule. The Contractor shall immediately notify the Engineer when illegal connections, discharges, or dumping are discovered. The Contractor shall take no further action unless directed by the Engineer. Unlabeled or unidentifiable material shall be assumed to be hazardous. The Contractor shall look for the following evidence of illegal connections, discharges, or dumping: Page 45

86 A. Debris or trash piles, B. Staining or discoloration on pavement or soils, C. Pungent odors coming from drainage systems, D. Discoloration or oily sheen on water, E. Stains or residue in ditches, channels or drain boxes, F. Abnormal water flow during dry weather, G. Excessive sediment deposits, H. Nonstandard drainage junction structures, or I. Broken concrete or other disturbances near junction structures. Vehicle and Equipment Cleaning The Contractor shall limit vehicle and equipment cleaning or washing on the construction site to that necessary to control vehicle tracking or hazardous waste. Vehicles and equipment shall not be cleaned on the construction site with soap, solvents, or steam until the Engineer has been notified. The resulting waste shall be contained and recycled, or disposed of as provided in "Liquid Waste" or "Hazardous Waste" of these special provisions, whichever is applicable. The Contractor shall not use diesel to clean vehicles or equipment, and shall minimize the use of solvents. The Contractor shall clean or wash vehicles and equipment in a structure equipped with disposal facilities. If using a structure is not possible, vehicles and equipment shall be cleaned or washed in an outside area with the following characteristics: A. Located at least 50 feet from storm drainage systems or watercourses, B. Paved with AC, HMA, or portland cement concrete, C. Surrounded by a containment berm, and D. Equipped with a sump to collect and dispose of wash water. When washing vehicles or equipment with water, the Contractor shall use as little water as possible. Hoses shall be equipped with a positive shutoff valve. Wash racks shall discharge to a recycle system or to another system approved by the Engineer. Sumps shall be inspected regularly, and liquids and sediments shall be removed as needed. VEHICLE AND EQUIPMENT FUELING AND MAINTENANCE. The Contractor shall fuel or perform maintenance on vehicles and equipment off the construction site whenever practical. When fueling or maintenance must be done at the construction site, the Contractor shall designate a site, or sites, and obtain approval from the Engineer before using. The fueling or maintenance site shall be protected from storm water, shall be on level ground, and shall be located at least 50 feet from drainage inlets or watercourses. The WPCM shall inspect the fueling or maintenance site regularly. Mobile fueling or maintenance shall be kept to a minimum. The Contractor shall use containment berms or dikes around the fueling and maintenance area. Adequate amounts of absorbent spill cleanup material and spill kits shall be kept in the fueling and maintenance area and on fueling trucks. Spill cleanup material and kits shall be disposed of immediately after use. Drip pans or absorbent pads shall be used during fueling or maintenance unless performed over an impermeable surface. Page 46

87 Fueling or maintenance operations shall not be left unattended. Fueling nozzles shall be equipped with an automatic shutoff control. Vapor recovery fueling nozzles shall be used where required by the Air Quality Management District. Nozzles shall be secured upright when not in use. Fuel tanks shall not be topped-off. The Contractor shall recycle or properly dispose of used batteries and tires. MATERIAL AND EQUIPMENT USED OVER WATER. Drip pans and absorbent pads shall be placed under vehicles or equipment used over water, and an adequate supply of spill cleanup material shall be kept with the vehicle or equipment. Drip pans or plastic sheeting shall be placed under vehicles or equipment on docks, barges, or other surfaces over water when the vehicle or equipment will be idle for more than one hour. The Contractor shall provide watertight curbs or toe boards on barges, platforms, docks, or other surfaces over water to contain material, debris, and tools. Material shall be secured to prevent spills or discharge into water due to wind. STRUCTURE REMOVAL OVER OR ADJACENT TO WATER. The Contractor shall not allow demolished material to enter storm water systems or watercourses. The Contractor shall use covers and platforms approved by the Engineer to collect debris. Attachments shall be used on equipment to catch debris on small demolition operations. Debris catching devices shall be emptied regularly and debris shall be handled as provided in "Waste Management" of these special provisions. The WPCM shall inspect demolition sites within 50 feet of storm water systems or watercourses every day. PAVING, SEALING, SAWCUTTING, AND GRINDING OPERATIONS. The Contractor shall prevent the following material from entering storm drain systems or water courses: A. Cementitious material, B. Asphaltic material, C. Aggregate or screenings, D. Grinding or sawcutting residue, E. Pavement chunks, or F. Shoulder backing. The Contractor shall cover drainage inlets and use linear sediment barriers to protect downhill watercourses until paving, sealing, sawcutting, or grinding operations are completed and excess material has been removed. Drainage inlets and manholes shall be covered during the application of seal coat, tack coat, slurry seal, or fog seal. During the rainy season or when precipitation is predicted, paving, sawcutting, and grinding operations shall be limited to places where runoff can be captured. Seal coat, tack coat, slurry seal, or fog seal operations shall not begin if precipitation is predicted for the application or the curing period. The Contractor shall not excavate material from existing roadways during precipitation. The Contractor shall vacuum up slurry from sawcutting operations immediately after the slurry is produced. Slurry shall not be allowed to run onto lanes open to public traffic or off the pavement. Page 47

88 The Contractor shall collect residue from portland cement concrete grinding operations with a vacuum attachment on the grinding machine. The residue shall not be left on the pavement or allowed to flow across the pavement. Material excavated from existing roadways may be stockpiled as provided in "Stockpile Management" of these special provisions if approved by the Engineer. AC or HMA chunks used in embankment shall be placed above the water table and covered by at least one foot of material. Substances used to coat asphalt trucks and equipment shall not contain soap, foaming agents, or toxic chemicals. THERMOPLASTIC STRIPING AND PAVEMENT MARKERS. Thermoplastic striping and preheating equipment shutoff valves shall work properly at all times when on the construction site. The Contractor shall not preheat, transfer, or load thermoplastic within 50 feet of drainage inlets or watercourses. The Contractor shall not fill the preheating container to more than 6 inches from the top. Truck beds shall be cleaned daily of scraps or melted thermoplastic. The Contractor shall not unload, transfer, or load bituminous material for pavement markers within 50 feet of drainage inlets or watercourses. All pressure shall be released from melting tanks before removing the lid to fill or service. Melting tanks shall not be filled to more than 6 inches from the top. The Contractor shall collect bituminous material from the roadway after marker removal. PILE DRIVING. The Contractor shall keep spill kits and cleanup material at pile driving locations. Pile driving equipment shall be parked over drip pans, absorbent pads, or plastic sheeting where possible. When not in use, pile driving equipment shall be stored at least 50 feet from concentrated flows of storm water, drainage courses, or inlets. The Contractor shall protect pile driving equipment by parking it on plywood and covering it with plastic when precipitation is predicted. The WPCM shall inspect the pile driving area every day for leaks and spills. The Contractor shall use vegetable oil instead of hydraulic fluid when practical. CONCRETE CURING. The Contractor shall not overspray chemical curing compound. Drift shall be minimized by spraying as close to the concrete as possible. Drainage inlets shall be covered before applying curing compound. The Contractor shall minimize the use and discharge of water by using wet blankets or similar methods to maintain moisture when curing concrete. CONCRETE FINISHING. The Contractor shall collect and dispose of water and solid waste from high-pressure water blasting. Drainage inlets within 50 feet shall be covered before sandblasting. The nozzle shall be kept as close to the surface of the concrete as possible to minimize drift of dust and blast material. Blast residue may contain hazardous material. Containment structures for concrete finishing operations shall be inspected for damage before each day of use and before predicted precipitation. Liquid and solid waste shall be removed from the containment structure after each work shift. Page 48

89 PAYMENT. The contract price paid for construction site management shall be considered as included in the prices paid for various contract items of work involved and no additional compensation will be allowed therefor WATER POLLUTION CONTROL. Water pollution control work shall conform to the requirements of these special provisions and the requirements of the most recent Caltrans Stormwater Quality Handbook, Preparation Manual, and Construction Site BMPs Manual. All work for this item shall comply with the requirements of the State Water Resources Control Board (SWRCB) Construction Storm Water Program. The Contractor, as the operator in day-today control of the work, shall be responsible for applying for any permits required for the work, and preparation of any permit materials. Information about the SWRCB Construction Storm Water Program is available at Construction projects disturbing 1 or more acres of soil or whose projects disturb less than 1 acre but are part of a larger common plan of development that disturbs 1 or more acres are required to obtain coverage under the General Permit for Discharges of Storm Water Associated with Construction Activity (EPA s 2012 Construction General Permit (2012 CGP). Construction activity subject to this permit includes but may not be limited to, clearing, grading, and disturbances to the ground such as stockpiling or excavation, equipment staging, or maintenance areas. The Construction General Permit requires the development and implementation of a Storm Water Pollution Prevention Plan (SWPPP), Notice of Intent package (Notice of Intent, site map, and fee) and Notice of Termination. No work having potential to cause water pollution, as determined by the Engineer, shall be performeduntil the SWPPP has been approved by the Engineer. The SWPPP must be present onsite at all times during the work. A copy of the SWPPP and NOI Package shall be submitted to the Engineer for approval at least 15 days prior to starting work at the site. Additional permits may be required if construction activities result in any discharge of soil or water or other materials to ground or to any watercourse. These activities include, but may not be limited to, construction dewatering, well construction or pump testing, hydrostatic testing, dredge and fill operations, and pipeline installation. The Contractor shall know and fully comply with the applicable provisions of the SWRCB and Federal, State, and local regulations that govern the Contractor's operations and storm water discharges from both the project site and areas of disturbance outside the project limits during construction. Unless arrangements for disturbance of areas outside the project limits are made by the County and made part of the contract, it is expressly agreed that the County assumes no responsibility whatsoever to the Contractor or property owner with respect to any arrangements made between the Contractor and property owner to allow disturbance of areas outside the project limits. The Contractor shall be responsible for the costs and for liabilities imposed by law as a result of the Contractor's failure to comply with the requirements set forth in this section "Water Pollution Control" including, but not limited to, compliance with the applicable provisions of the SWRCB and federal, state, and local regulations. For the purposes of this paragraph, costs and liabilities include, but are not limited to, fines, penalties, and damages whether assessed Page 49

90 against the State or the Contractor, including those levied under the Federal Clean Water Act and the State Porter Cologne Water Quality Act. In addition to the remedies authorized by law, an amount of the money due the Contractor under the contract, as determined by the County, may be retained by the County until disposition has been made of the costs and liabilities. The retention of money due to the Contractor shall be subject to the following: A. The County will give the Contractor 30 days notice of the County s intention to retain funds from partial payments that may become due to the Contractor prior to acceptance of the contract. Retention of funds from payments made after acceptance of the contract may be made without prior notice to the Contractor. B. No retention of additional amounts out of partial payments will be made if the amount to be retained does not exceed the amount being withheld from partial payments pursuant to Section , "Partial Payments," of the Standard Specifications. C. If the County has retained funds and it is subsequently determined that the County is not subject to the costs and liabilities in connection with the matter for which the retention was made, the County shall be liable for interest on the amount retained at the legal rate of interest for the period of the retention. Conformance with the provisions in this section "Water Pollution Control" shall not relieve the Contractor from the Contractor's responsibilities as provided in Section 7, "Legal Relations and Responsibilities," of the Standard Specifications. The Contractor shall amend the SWPPP, graphically and in narrative form, whenever there is a change in construction activities or operations that may affect the discharge of significant quantities of pollutants to surface waters, ground waters, municipal storm drain systems, or when deemed necessary by the Engineer. The SWPPP shall also be amended if the SWPPP has not achieved the general objective of reducing pollutants in storm water discharges. Amendments shall show additional control measures or revised operations, including those in areas not shown in the initially approved SWPPP, that are required on the project to control water pollution effectively. Amendments to the SWPPP shall be submitted for review and approval by the Engineer in the same manner specified for the initially approved SWPPP. Amendments shall be dated and attached to the on-site SWPPP document. The Contractor shall keep a copy of the SWPPP, together with updates, revisions and amendments at the project site. SWPPP IMPLEMENTATION. Upon approval of the SWPPP, the Contractor shall be responsible throughout the duration of the project for installing, constructing, inspecting, and maintaining the control measures included in the SWPPP, and any amendments thereto, and for removing and disposing of temporary control measures. Unless otherwise directed by the Engineer or specified in these Special Provisions, the Contractor s responsibility for SWPPP implementation shall continue throughout any temporary suspension of work ordered in conformance with the provisions in Section , Temporary Suspension of Work, of the Standard Specifications. Requirements for installation, construction, inspection, maintenance, removal, and disposal of control measures are specified in the Manuals and these Special Provisions. Page 50

91 The Contractor shall implement, year-round and throughout the duration of the project, control measures included in the SWPPP for tracking control, wind erosion control, non-storm water control, and waste management and material pollution control. The Engineer may order the suspension of construction operations that create water pollution if the Contractor fails to conform to the provisions in this section "Water Pollution Control" as determined by the Engineer. MAINTENANCE. To ensure the proper implementation and functioning of control measures, the Contractor shall regularly inspect and maintain the construction site for the control measures identified in the SWPPP. The Contractor shall identify corrective actions and time needed to address any deficient measures or reinitiate any measures that have been discontinued. The construction site inspection checklist provided in the Preparation Manual shall be used to ensure that the necessary measures are being properly implemented and to ensure that the control measures are functioning adequately. One copy of each site inspection record shall be submitted to the Engineer. If the Contractor or the Engineer identifies a deficiency in the deployment or functioning of an identified control measure, the deficiency shall be corrected immediately. The deficiency may be corrected at a later date and time if requested by the Contractor and approved by the Engineer in writing, but not later than the onset of the rainy season or 24 hours prior to all predicted rain events. The correction of deficiencies shall be at no additional cost to the Department. PAYMENT. Payment for Water Pollution Control will be paid for at the contract lump sum price, and shall include full compensation for filing the NOI and the NOT, preparing the SWPPP, and for furnishing all labor, materials, tools, and incidentals, and for doing all the work involved in implementing and maintaining the SWPPP and required BMP s as specified in these Special Provisions and as directed by the Engineer. The Engineer will retain an amount equal to 25 percent of the estimated value of the contract work performed during estimate periods in which the Contractor fails to conform to the provisions of this section, Water Pollution Control, as determined by the Engineer OBSTRUCTIONS. Attention is directed to Sections , Utility and Non-Highway Facilities, and 15, Existing Highway Facilities, of the Standard Specifications and these Special Provisions. The Contractor shall notify the Engineer and the appropriate regional notification center for operators of subsurface installations at least 2 working days prior to performing any excavation. Regional notification centers include but are not limited to the following: Underground Service Alert- Northern California (USA) Telephone: (800) Underground Service Alert- Southern California (USA) Telephone: (800) MAINTAINING TRAFFIC. Attention is directed to Sections , Public Convenience, , Public Safety, and , Construction Area Traffic Control Page 51

92 Devices, of the Standard Specifications and to Section , Public Convenience and Safety, of these Special Provisions, and these Special Provisions. Nothing in these Special Provisions shall be construed as relieving the Contractor from his responsibility as provided in said Section The Contractor shall plan, arrange and schedule all construction operations so as to permit the safe passage along the roadway of all public traffic during the course of all construction operations and during all non-working hours in accordance with Sections , Public Convenience, and , Public Safety. Lane closures shall conform to the provisions in Section , Traffic Control System for Lane Closure. Personal vehicles of the Contractor s employees shall not be parked on the traveled way or shoulders, including any section closed to public traffic. Whenever vehicles or equipment are parked on the shoulder within 6 feet of a traffic lane, the shoulder area shall be closed with fluorescent traffic cones or portable delineators placed on a taper in advance of the parked vehicles or equipment and along the edge of the pavement at 25 foot intervals to a point not less than 25 feet past the last vehicle or piece of equipment. A minimum of 9 cones or portable delineators shall be used for the taper. A C23 (Road Work Ahead) or C24 (Shoulder Work Ahead) sign shall be mounted on a telescoping flag tree with flags. The flag tree shall be placed where directed by the Engineer. A minimum of one traffic lane, paved or unpaved, but consisting of a firm surface, not less than 10 feet wide, or as directed by Engineer, shall be open for use by public traffic at all times. When construction operations are not actively in progress and during evening hours, not less than 2 such lanes shall be open to public traffic. The full width of the traveled way shall be open for use by public traffic on Saturdays, Sundays and designated legal holidays; after 3:00 p.m. on Fridays and the day preceding designated legal holidays; and when construction operations are not actively in progress. Designated legal holidays are: January 1 st, the third Monday in February, the last Monday in May, July 4 th, the first Monday in September, November 11 th, Thanksgiving Day, and December 25 th. When a designated legal holiday falls on a Sunday, the following Monday shall be a designated legal holiday. When November 11 th falls on a Saturday, the proceeding Friday shall be a designated legal holiday. During hauling and excavation operations, the road may be closed and public traffic stopped for periods not to exceed 30 minutes. After each closure, all accumulated traffic shall be allowed to pass through the work before another closure is made. Minor deviations from the requirements of this section concerning hours of work which do not significantly change the cost of the work may be permitted upon the written request of the Contractor if, in the opinion of the Engineer, public traffic will be better served and the work expedited. These deviations shall not be adopted by the Contractor until the Engineer has approved the deviations in writing. Other modifications will be made by contract change order CLOSURE REQUIREMENTS AND CONDITIONS. Lane closures shall conform to the provisions in Section , "Maintaining Traffic" of these Special Provisions. The Page 52

93 term closure, as used herein, is defined as the closure of a traffic lane or lanes, including ramp or connector lanes, within a single traffic control system. CLOSURE SCHEDULE By noon Monday, the Contractor shall submit a written schedule of planned closures for the following week period, defined as Friday noon through the following Friday noon. The Closure Schedule shall show the locations and times when the proposed closures are to be in effect. Closure Schedules submitted to the Engineer with incomplete, unintelligible or inaccurate information will be returned for correction and resubmittal. The Contractor will be notified of disapproved closures or closures that require coordination with other parties as a condition of approval. Access to driveways shall be provided at all times. Contractor shall notify adjacent property owners at least 48 hours in advance of any work that will affect access. Contractor shall notify local police and fire department of road closures at least 48 hours in advance TRAFFIC CONTROL SYSTEM FOR LANE CLOSURE. A traffic control system shall consist of closing traffic lanes in accordance with the details shown on the plans, the provisions of Section 12, Construction Area Traffic Control Devices, of the Standard Specifications, and Sections , Maintaining Traffic, of these Special Provisions. The provisions in this section will not relieve the Contractor from the responsibility to provide such additional devices or take such measures as may be necessary to comply with the provisions in Section , Public Safety, of the Standard Specifications. During all construction operations, including traffic stripe operations or pavement marker placement operations using bituminous adhesive, traffic shall be controlled with stationary type lane closures. The Contractor s attention is directed to the provisions in Section , Protection From Damage, and Section , Placement, of the Standard Specifications. If any component in the traffic control system is displaced or ceases to operate or function as specified, from any cause, during the progress of the work, the Contractor shall immediately repair the component to its original condition or replace the component and shall restore the component to its original location. STATIONARY TYPE LANE CLOSURE. When lane closures are made for work periods only, at the end of each work period, all components of the traffic control system, except portable delineators placed along open trenches or excavations adjacent to the traveled way, shall be removed from the traveled way and shoulder. If the Contractor so elects, the components may be stored at selected central locations, approved by the Engineer, within the limits of the highway right of way. One-way traffic shall be controlled through the project in conformance with the plan entitled "Traffic Control System for Lane Closure on Two Lane Conventional Highways" and these special provisions. Page 53

94 Utilizing a pilot car will be at the option of the Contractor. If the Contractor elects to use a pilot car, the cones shown along the centerline on the plan need not be placed. The pilot car shall have radio contact with personnel in the work area, and the maximum speed of the pilot car through the traffic control zone shall be 25 miles per hour. PAYMENT. The contract lump sum price paid for Traffic Control shall include full compensation for furnishing all labor (except for flagging costs), materials (including signs), tools, equipment and incidentals, and for doing all the work involved in placing, removing, storing, maintaining, moving to new locations, replacing, and disposing of the components of the traffic control system and for furnishing and operating the pilot car, (including driver, radios, and any other equipment and labor required), as shown on the plans, as specified in the Standard Specifications and these Special Provisions, and as directed by the Engineer. Flagging costs will be paid for as provided in Section , Flagging Costs, of the Standard Specifications. The adjustment provisions in Section , Changes, of the Standard Specifications, shall not apply to the item of Traffic Control System. Adjustments in compensation for Traffic Control System will be made only for increased or decreased Traffic Control System required by changes ordered by the Engineer and will be made on the basis of the cost of the increased or decreased traffic control necessary. Such adjustment will be made on a force account basis as provided in Section , Force Account Payment, of the Standard Specifications for increased work, and estimated on the same basis in the case of decreased work. Traffic Control System required by work which is classed as extra work, as provided in Section D of the Standard Specifications, will be paid for as a part of the extra work TEMPORARY PAVEMENT DELINEATION. Temporary pavement delineation shall be furnished, placed, maintained and removed in accordance with the provisions in Section , General, of the Standard Specifications and these Special Provisions. Nothing in these special provisions shall be construed as reducing the minimum standards specified in the California MUTCD or as relieving the Contractor from the responsibilities specified in Section , "Public Safety," of the Standard Specifications. GENERAL. Whenever the work causes obliteration of pavement delineation, temporary or permanent pavement delineation shall be in place prior to opening the traveled way to public traffic. Lane line or centerline pavement delineation shall be provided at all times for traveled ways open to public traffic. All work necessary, including any required lines or marks, to establish alignment of temporary pavement delineation shall be performed by the Contractor. Surfaces to receive temporary pavement delineation shall be dry and free of dirt and loose material. Temporary pavement delineation shall not be applied over existing pavement delineation or other temporary pavement delineation. Temporary pavement delineation shall be maintained until superseded or replaced with a new pattern of temporary pavement delineation or permanent pavement delineation. Temporary pavement markers that conflict with a new traffic pattern or that are applied to the final layer of surfacing or existing pavement to remain in place shall be removed when no longer required for the direction of public traffic, as determined by the Engineer. Temporary pavement delineation shall be used on or adjacent to lanes open to public traffic for a maximum of 14 days. Before the end of the 14 days, the permanent pavement delineation shall Page 54

95 be placed. If the permanent pavement delineation is not placed within the 14 days, additional temporary pavement delineation shall be provided by the Contractor at no additional cost to the county. The additional temporary pavement delineation to be provided shall be equivalent to the pattern specified for the permanent pavement delineation for the area, as determined by the Engineer. TEMPORARY LANELINE AND CENTERLINE DELINEATION. When lanelines or centerlines are obliterated, the minimum laneline and centerline delineation to be provided shall be temporary pavement markers placed at longitudinal intervals of not more than 24 feet. The temporary pavement markers shall be the same color as the laneline or centerline the markers replace. Temporary pavement markers shall be, at the option of the Contractor, one of the temporary pavement markers listed for short term day/night use (14 days or less) or long term day/night use (6 months or less) in "Prequalified and Tested Signing and Delineation Materials" of these special provisions. Temporary pavement markers shall be placed in conformance with the manufacturer's instructions and shall be cemented to the surfacing with the adhesive recommended by the manufacturer, except epoxy adhesive shall not be used to place pavement markers in areas where removal of the markers will be required. Temporary laneline or centerline delineation consisting entirely of temporary pavement markers shall be placed on longitudinal intervals of not more than 24 feet. Where "no passing" centerline pavement delineation is obliterated, the following "no passing" zone signing shall be installed before opening the lanes to public traffic. W20-1 (ROAD WORK AHEAD) signs shall be installed from 1,000 feet to 2,000 feet in advance of "no passing" zones. R4-1 (DO NOT PASS) signs shall be installed at the beginning and at every 2,000-foot interval within "no passing" zones. For continuous zones longer than 2 miles, W7-3a or W71(CA) (NEXT MILES) signs shall be installed beneath the W20-1 signs installed in advance of "no passing" zones. R4-2 (PASS WITH CARE) signs shall be installed at the end of "no passing" zones. The exact location of "no passing" zone signing will be as determined by the Engineer and shall be maintained in place until permanent "no passing" centerline pavement delineation has been applied. The signing for "no passing" zones shall be removed when no longer required for the direction of public traffic. The signing for "no passing" zones shall conform to the provisions in "Construction Area Signs" of these special provisions, except for payment. Full compensation for furnishing, placing, maintaining, and removing temporary pavement markers used for temporary laneline and centerline delineation and for providing equivalent patterns of permanent traffic lines for these areas when required shall be considered as included in the contract prices paid for the items of work that obliterated the laneline and centerline pavement delineation and no separate payment will be made therefor. Full compensation for furnishing, placing, and maintaining temporary painted laneline and centerline pavement delineation shall be considered as included in the contract prices paid for the items of work that obliterated the laneline and centerline pavement delineation and no separate payment will be made therefor. Full compensation for furnishing, placing, maintaining, and removing signing specified for "no passing" zones shall be considered as included in the contract prices paid for the items of work that obliterated the laneline and centerline pavement delineation and no separate payment will be made therefor CONSTRUCTION AREA TRAFFIC CONTROL DEVICES. Flagging, signs, and temporary traffic control devices furnished, installed, maintained, and removed when no longer required shall conform to the provisions in Section 12, "Construction Area Traffic Control Devices," of the Standard Specifications and these special provisions. Page 55

96 Category 1 temporary traffic control devices are defined as small and lightweight (less than 100 pounds) devices. These devices shall be certified as crashworthy by crash testing, crash testing of similar devices, or years of demonstrable safe performance. Category 1 temporary traffic control devices include traffic cones, plastic drums, portable delineators, and channelizers. If requested by the Engineer, the Contractor shall provide written self-certification for crashworthiness of Category 1 temporary traffic control devices at least 5 business days before beginning any work using the devices or within 2 business days after the request if the devices are already in use. Self-certification shall be provided by the manufacturer or Contractor and shall include the following: A. Date, B. Federal Aid number (if applicable), C. Contract number, district, county, route and post mile of project limits, D. Company name of certifying vendor, street address, city, state and zip code, E. Printed name, signature and title of certifying person; and F. Category 1 temporary traffic control devices that will be used on the project. The Contractor may obtain a standard form for self-certification from the Engineer.Category 2 temporary traffic control devices are defined as small and lightweight (less than 100 pounds) devices that are not expected to produce significant vehicular velocity change, but may cause potential harm to impacting vehicles. Category 2 temporary traffic control devices include barricades and portable sign supports. Category 2 temporary traffic control devices shall be on the Federal Highway Administration's (FHWA) list of Acceptable Crashworthy Category 2 Hardware for Work Zones. This list is maintained by FHWA and can be located at: The Department also maintains this list at: Category 2 temporary traffic control devices that have not received FHWA acceptance shall not be used. Category 2 temporary traffic control devices in use that have received FHWA acceptance shall be labeled with the FHWA acceptance letter number and the name of the manufacturer. The label shall be readable and permanently affixed by the manufacturer. Category 2 temporary traffic control devices without a label shall not be used. If requested by the Engineer, the Contractor shall provide a written list of Category 2 temporary traffic control devices to be used on the project at least 5 business days before beginning any work using the devices or within 2 business days after the request if the devices are already in use. Category 3 temporary traffic control devices consist of temporary traffic-handling equipment and devices that weigh 100 pounds or more and are expected to produce significant vehicular velocity change to impacting vehicles. Temporary traffic-handling equipment and devices include crash cushions, truck-mounted attenuators, temporary railing, temporary barrier, and end treatments for temporary railing and barrier. Page 56

97 Type III barricades may be used as sign supports if the barricades have been successfully crash tested, meeting the NCHRP Report 350 criteria, as one unit with a construction area sign attached. Category 3 temporary traffic control devices shall be shown on the plans or on the Department's Highway Safety Features list. This list is maintained by the Division of Engineering Services and can be found at: Category 3 temporary traffic control devices that are not shown on the plans or not listed on the Department's Highway Safety Features list shall not be used. Full compensation for providing self-certification for crashworthiness of Category 1 temporary traffic control devices and for providing a list of Category 2 temporary traffic control devices used on the project shall be considered as included in the prices paid for the various items of work requiring the use of the Category 1 or Category 2 temporary traffic control devices and no additional compensation will be allowed therefor CONSTRUCTION AREA SIGNS. Construction area signs for temporary traffic control shall be furnished, installed, maintained, and removed when no longer required in conformance with the provisions in Section 12, "Construction Area Traffic Control Devices," of the Standard Specifications and these special provisions. Attention is directed to "Furnish Sign" of these special provisions. Attention is directed to the provisions in "Prequalified and Tested Signing and Delineation Materials" of these special provisions. Type II retroreflective sheeting shall not be used on construction area sign panels. Type III, IV, VII, VIII, or IX retroreflective sheeting shall be used for stationary mounted construction area sign panels. Unless otherwise shown on the plans or specified in these special provisions, the color of construction area warning and guide signs shall have black legend and border on orange background, except W10-1 or W47(CA) (Highway-Rail Grade Crossing Advance Warning) sign shall have black legend and border on yellow background. Orange background on construction area signs shall be fluorescent orange. Repair to construction area sign panels will not be allowed, except when approved by the Engineer. At nighttime under vehicular headlight illumination, sign panels that exhibit irregular luminance, shadowing or dark blotches shall be immediately replaced at the Contractor's expense. The Contractor shall notify the appropriate regional notification center for operators of subsurface installations at least 2 business days, but not more than 14 days, prior to commencing excavation for construction area sign posts. The regional notification centers include, but are not limited to, the following: Page 57

98 Notification Center Telephone Number Underground Service Alert Excavations required to install construction area signs shall be performed by hand methods without the use of power equipment, except that power equipment may be used if it is determined there are no utility facilities in the area of the proposed post holes. The post hole diameter, if backfilled with portland cement concrete, shall be at least 4 inches greater than the longer dimension of the post cross section. Construction area signs placed within 15 feet from the edge of the travel way shall be mounted on stationary mounted sign supports as specified in "Construction Area Traffic Control Devices" of these special provisions. The Contractor shall maintain accurate information on construction area signs. Signs that are no longer required shall be immediately covered or removed. Signs that convey inaccurate information shall be immediately replaced or the information shall be corrected. Covers shall be replaced when they no longer cover the signs properly. The Contractor shall immediately restore to the original position and location any sign that is displaced or overturned, from any cause, during the progress of work. Construction area signs shall be furnished, installed, maintained, and removed when no longer required in accordance with the provisions in Section 12, Construction Area Traffic Control Devices, of the Standard Specifications and these Special Provisions. Full compensation for furnishing, installing, maintaining, and removing construction area signs in accordance with the Standard Specifications and these special provisions shall be considered included in the Construction Area Signs bid item and no additional compensation will be allowed therefore EXISTING HIGHWAY FACILITIES. The work performed in connection with various existing highway facilities shall conform to the provisions in Section 15, Existing Highway Facilities, of the Standard Specifications and these Special Provisions. REPLACE ROADSIDE SIGN. Existing roadside signs shall be removed as shown on the plans. Existing roadside signs shall not be removed until replacement signs have been installed or until the existing signs are no longer required for the direction of public traffic, unless otherwise directed by the Engineer. Roadside signs shall be furnished by the contractor and installed at the locations shown on the plans or where designated by the Engineer and in conformance with the provisions in Section 56-2, "Roadside Signs," of the Standard Specifications and these special provisions. Wood posts shall be pressure treated after fabrication in conformance with the provisions in Section 58, "Preservative Treatment of Lumber, Timber and Piling," of the Standard Specifications and AWPA Use Category System: UC4A, Commodity Specification A or B. MEASUREMENT. Replace Roadside Signs will be measured by the unit from actual count. One or more sign panels mounted on a single post installation will be counted as a roadside sign- Page 58

99 one post, and one or more sign panels mounted on a two post installation will be counted as a roadside sign-two post. PAYMENT. Full compensation for Replace Roadside Signs shall be at the contract price paid per each removed, including all labor, equipment, and materials. ADJUST FRAME, COVER, OR GRATE TO GRADE. Frames and covers of existing manholes, junction structures, utility valve covers, or other facilities, survey monuments, and frames and grates of existing drainage inlets or other facilities shall shall be adjusted to grade in conformance with the provisions in Section , "Reconstruction," of the Standard Specifications. MEASUREMENT. Adjust frame, cover, or grate to grade will be measured by each unit adjusted. PAYMENT. Full compensation for Adjust frame, cover, or grate to grade shall be at the contract price paid per each adjusted, complete and in place, including all labor and materials WATERING. This work shall consist of developing a water supply and furnishing all water required for the work, including water used in the performance of work paid for as extra work, and applying all water for Dust Control. Watering shall conform to the provisions in Section 17, Watering, of the Standard Specifications and these Special Provisions. Water for use in the work shall, at the option of the Contractor, be potable or nonpotable. Nonpotable water shall consist of reclaimed wastewater or nonpotable water developed from other sources. If the Contractor uses nonpotable or reclaimed wastewater in the work, the sources and discharge of reclaimed wastewater shall meet the California Department of Health Services water reclamation criteria and the requirements of the Lahontan Regional Water Quality Control Board. The Contractor shall obtain either a wastewater discharge permit or a waiver from the Lahontan Regional Water Quality Control Board. Copies of permits or waivers from the Regional Water Quality Control Board shall be delivered to the Engineer before using nonpotable or reclaimed wastewater in the work. Nonpotable water, if used, shall not be conveyed in tanks or drainpipes that will be used to convey potable water. There shall be no connection between nonpotable water supplies and potable water supplies. Nonpotable water supply, tanks, pipes, and other conveyances of nonpotable water shall be labeled: NONPOTABLE WATER DO NOT DRINK NOTE: It will be the Contractor s sole responsibility to ascertain and verify the existence, suitability, availability, haul distance, and storage arrangements for acquiring reliable and sufficient water supplies for use on this project. Full compensation for acquiring a reliable Page 59

100 water supply shall be considered as included in the prices paid for the various items of work involved and no additional compensation will be allowed therefor DUST PALLIATIVE. Furnishing and applying dust palliative shall conform to the provisions in Section 18, "Dust Palliative," of the Standard Specifications. PAYMENT. Payment for furnishing and applying dust palliative shall be considered as included in the various items of work involved, and no additional compensation will be allowed therefor. Furnishing and applying dust palliative ordered by the Engineer to be applied on Saturdays, Sundays, or holidays will be considered as included in the various items of work involved, and no additional compensation will be allowed therefor EARTHWORK. Earthwork shall conform to the provisions of Section 19, Earthwork, of the Standard Specifications. Earthwork shall consist of all operations necessary for roadway excavation, grading, and construction of the roadway. ROADWAY EXCAVATION. Roadway excavation shall conform to the requirements in Section 19-2, Roadway Excavation, of the Standard Specifications. Roadway excavation shall consist of the trimming, excavation, and moving, and removing the pulverized material involved in the grading and construction or the roadway to achieve the grades indicated on the plans. Generally, roadway excavation shall include excavating pulverized/subgrade materials associated with grading required for the roadway and removing materials to insure plan grades are achieved. Payment for roadway excavation associated with trimming, excavation, moving, and removing the pulverized material to form transitions to existing asphalt concrete pavement or concrete curb and gutter shall be included in the price paid for Reconstructed Base. Full compensation for roadway excavation associated with other items of work not separately designated shall be considered as included in prices paid for the various items of work involved, and no additional compensation will be allowed therefore RECONSTRUCTED BASE. Reconstructed base shall consist of pulverized materials from the existing pavement surfacing and underlying material that have been reshaped and compacted in accordance with the details shown on the plans and these Special Provisions. A minimum of 8" of existing structural section (asphalt concrete, aggregate base and/or native material) shall be pulverized, as diected by the Engineer, and mixed to form a homogenous material. Areas that have been pulverized shall have W8-7 LOOSE GRAVEL, W14-3 NO PASSING ZONE and C-17 ROAD WORK SPEED LIMIT 25 signs installed at intervals as directed by the engineer facing both traffic directions. Signs shall conform to the requirements in Section 12, Construction Area Traffic Control Devices, of the Standard Specifications. Signs may be placed on Type II Barricades. The existing pavement surfacing and base and native material shall be pulverized and mixed utilizing a full-depth reclaiming machine. The reclaiming machine shall be equipped with a cutting mandrel that is eight feet in width, but is capable of cutting in variable widths. The Page 60

101 depth, width, and shape of the cuts shall be as indicated on the typical sections, or as directed by the Engineer. The reclaiming machine shall be of suitable size to perform the intended work and shall not produce excessive fumes, smoke or dust. The reclaiming machine shall be equipped with a water metering and injection system that will inject water into the pulverized and mixed materials. The quantity of water injected will be as needed to achieve a uniform moisture content at optimum moisture in the reconstructed base material. If a liquid metering and injection system is required to inject asphalt, it shall be paid for as extra work in accordance with Section D of the Standard Specifications. No additional payment will be made for the injection of water required for compaction. The reclaiming machine shall be operated at a rate that will result in pulverized and mixed materials that are evenly graded, with a maximum particle size of 1-½ inches or less. In any case, the machine shall not be operated at a rate greater than 20 feet per minute, unless directed otherwise by the Engineer. The pulverized material shall then be placed, graded, watered, and compacted to 95 percent relative compaction to form a minimum 6-inch thick base layer for the new asphalt pavement. The finished surface of the remaining material shall match the lines and grades shown on the plans, or as established by the Engineer. The contractor shall remove all rocks and lumps of asphalt concrete greater than 3 inches (by hand if required) during grading operations. Where cut is required to achieve subgrade elevation, the contractor shall move pulverized material aside, grade to the required subgrade elevation, then replace, water, and compact pulverized material as described above. The Contractor is reminded of the requirements in Sections , Order of Work, and , Maintaining Traffic, of these special provisions. At the end of each workday and when construction operations are not occurring, both lanes shall be open to public traffic. If the Contractor elects to place traffic on reconstructed base materials, the reconstructed base materials shall be graded, watered, and compacted to 95 percent relative compaction prior to opening the lane to traffic and at other times that may be deemed necessary by the Engineer. When the work is restarted, the reconstructed base materials shall be regraded to the specified plane, watered, and recompacted to 95 percent relative compaction prior to placing asphalt concrete. The cost of opening lanes to public traffic or restoring reconstructed base materials to their original condition shall be considered included in the Reconstructed Base item and no additional compensation will be provided therefore. Prior to pulverizing operations, the existing asphalt surfacing shall be neatly cut at the trimline of the pavement transition areas. The pulverized asphalt and base materials shall be removed without damage to the adjacent asphalt surfacing that is to remain in place. Damage to pavement that is to remain in place shall be repaired to a condition satisfactory to the Engineer, or the damaged pavement shall be removed and replaced with new asphalt concrete, if ordered by the Engineer. Repairing or removing and replacing damaged pavement outside the limits of pavement to be removed shall be at the Contractor s expense. If unsuitable materials are encountered during reconstructed base operations, such materials shall be defined, excavated, disposed of, replaced and paid for in accordance with Section , Unsuitable Material, of the Standard Specifications, and as directed by the Engineer. The space resulting from the excavation of any Unsuitable Material shall be filled, graded, and Page 61

102 compacted, to a relative compaction of not less than 95 percent, with materials suitable for the planned use. Applying water for reconstructed base operations shall conform to the provisions in Section 17, "Watering," of the Standard Specifications and Section , Watering, of these Special Provisions. Unless otherwise shown on the plans or specified in the Special Provisions, the use of surplus excavated material shall conform to the provisions in Section "Surplus Material" of the Standard Specifications. Any disposal of surplus excavated material shall be approved by the engineer. MEASUREMENT. Reconstructed Base shall be measured by the square yard. The quantity to be paid for will be the actual area of surface reconstructed, regardless of the number of passes required to pulverize the areas or obtain the required depth. PAYMENT. The contract price paid per square yard for Reconstructed Base shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in pulverizing and mixing the existing asphalt surfacing and subgrade, moving pulverized material aside to allow for grading subgrade, removing asphalt lumps or rocks greater than 3 inches, removal of material to achieve plan grades, and compacting the resulting reconstructed base, including the trimming of existing asphalt surfacing, completely as shown on the plans, installation and maintenance of loose gravel, speed limit and no passing zone signs and barricades as specified in these Special Provisions and as directed by the Engineer SEAL RANDOM CRACKS IN EXISTING SURFACING. This work includes treating cracks in asphalt concrete pavement including shoulders. Crack treatment material must be for hot application. Submittals If your selected crack treatment material is on the Department's Pre-Qualified Products List, submit a Certificate of Compliance for crack treatment material under Section , "Certificates of Compliance," of the Standard Specifications. With the Certificate of Compliance, submit: 1. Manufacturer's name 2. Production location 3. Product brand or trade name 4. Product designation 5. Batch or lot number 6. Crack treatment material type 7. Contractor or subcontractor name 8. Contract number 9. Lot size 10. Shipment date 11. Manufacturer's signature If your selected crack treatment material is not on the Department's Pre-Qualified Products List, submit a sample from each batch or lot to be used and test results for each sample 20 days before Page 62

103 use. The test results must be from an independent testing laboratory and show compliance with the specifications and include the information specified for the Certificate of Compliance submittal. For hot-applied crack treatment material, submit a minimum 3-pound sample in a silicone release container. With each delivery of crack treatment material to the job site, submit: 1. Manufacturer's heating and application instructions 2. Manufacturer's Materials Safety Data Sheet (MSDS) 3. Name of the manufacturer's recommended detackifier Quality Control and Assurance For hot-applied crack treatment material, at least once per project at a time chosen by the Engineer and in the Engineer's presence, collect two 3-pound minimum samples of crack treatment from the wand into silicone release boxes. Submit 1 sample to the Engineer. Crack treatment material must be Type 1 in compliance with: Crack Treatment Material Type 2 Material Quality Characteristic a ASTM Test Method b Type 1 Material Type 3 Material Type 4 Material Type 5 Material Softening point (min.) D C 96 C 90 C 84 C 84 C Cone penetration at 77 F (max.) D Resilience at 77 F, unaged, % D Flexibility c D C 0 C 0 C -11 C -28 C Tensile adhesion, %, (min.) D Specific gravity (max.) D Asphalt compatibility D 5329 Pass Pass Pass Pass Pass Sieve test (percent passing) See note d Notes: a Cold-applied crack treatment material residue collected under ASTM D 6943, Method B and sampled under ASTM D 140 must comply with the grade specifications. b Except for viscosity, cure each specimen at a temperature of 23 C ± 2 C and relative humidity of 50 ± 10 percent for 24 ± 2 hours before testing. c For flexibility test, the specimen size must be 6.4 ± 0.2 mm thick x 25 ± 0.2 mm wide x 150 ± 0.5 mm long. Test mandrel diameter must be 6.4 ± 0.2 mm. Bend arc must be 180 degrees. Bend rate must be 2 ± 1 seconds. At least 4 of 5 test specimens must pass at the specified test temperature without fracture, crazing, or cracking. d For hot-applied crack treatment, dilute with toluene and sieve through a No. 8 sieve. For cold-applied crack treatment, sieve the product as-received through a No. 8 sieve. If the manufacturer provides a statement that added components passed the No. 16 sieve before blending, this requirement is void. If crack treatment material is delivered to the job site in containers, each container must be marked with the following information. If crack treatment material is not delivered in containers, the following information must accompany the delivery: Page 63

104 1. Manufacturer's name 2. Production location 3. Product brand or trade name 4. Product designation 5. Crack treatment trade name 6. Batch or lot number 7. Maximum heating temperature 8. Expiration date for cold application only Hot-applied crack treatment must be delivered to the job site premixed in cardboard containers with meltable inclusion liners or in a fully meltable package. Sand applied to tacky crack treatment material must be clean, free of clay, and comply with: Sand Gradation Sieve Size Percent Passing No No No CONSTRUCTION. Treat cracks from 1/4 to 1 inch in width for the entire length of the crack. Fill or repair cracks wider than 1 inch as ordered. Rout cracks or cut with a saw to form a reservoir. Crack Routing and Sawing Dimensions Nominal Crack Width* Rout or Saw Width Rout or Saw Depth ¼ 1 ½ 3/8 1 ½ ½ 1 ½ 5/8 1-1/2 ¾ ¾ 1-1/2 ¾ 7/8 1-1/2 ¾ 1 1-1/2 ¾ *Nominal crack width is the approximate width for 80% of the length of the crack Cracks must be clean and dry before treating. Before treating, blast cracks with oil-free compressed air at a pressure of at least 90 psi. If the pavement temperature is below 40 F or if there is evidence of moisture in the crack, use a hot air lance immediately before applying crack treatment. The hot air lance must not apply flame directly on the pavement. Heat hot-applied crack treatment material in compliance with the manufacturer's instructions. Comply with the manufacturer's application instructions. Insert crack treatment with a nozzle inserted into the crack. Fill the crack flush with the surface. If after 2 days the crack treatment is more than 1/4 inch below the specified level, or the sealant fails or the crack re-opens, re-treat the crack. Page 64

105 Immediately remove crack treatment material spilled or deposited on the pavement surface. Before opening to traffic, apply sand or the manufacturer's recommended detackifying agent to tacky crack treatment material on the traveled way. Sweep excess sand before opening to traffic. MEASUREMENT AND PAYMENT. Crack treatment is measured by the lane-mile. A lanemile consists of a paved lane and any adjacent shoulders. The Engineer determines the quantity paid from actual measurements along the edge of each paved lane parallel with the pavement centerline. The contract price paid per lane-mile for crack treatment includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in treating cracks, complete in place, including crack treatment of shoulders, applying sand and sweeping excess sand, as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. Filling cracks wider than 1 inch will be paid for as extra work as specified in Section D, "Extra Work," of the Standard Specifications HOT MIX ASPHALT GENERAL SUMMARY. This work includes producing and placing hot mix asphalt (HMA) Type A using the Standard process. Comply with Section 39, "Hot Mix Asphalt," of the Standard Specifications. MATERIALS ASPHALT BINDER. The grade of asphalt binder mixed with aggregate for HMA Type A shall be PG AGGREGATE. The aggregate for the HMA Type A must comply with the 3/4-inch grading. CONSTRUCTION Vertical Joints. Place HMA on adjacent traveled way lanes so that at the end of each work shift, the distance between the ends of HMA layers on adjacent lanes is between 5 feet and 10 feet. Place additional HMA along the transverse edge at each lane's end and along the exposed longitudinal edges between adjacent lanes. Hand rake and compact the additional HMA to form temporary conforms. You may place Kraft paper or another approved bond breaker under the conform tapers to facilitate the taper removal when paving operations resume. Conform Tapers. Place additional HMA along the pavement's edge to conform to road connections and private drives. Hand rake, if necessary, and compact the additional HMA to form a smooth conform taper. MEASUREMENT. HMA will be measured by weight, as described in Section 39, Hot Mix Asphalt of the Standard Specifications (Attachment). PAYMENT. The price paid per ton for HMA shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved in constructing Page 65

106 hot mix asphalt, complete in place, as shown on the plans, as specified in these specifications and the special provisions, and as directed by the Engineer. The contract price paid per square yard for HMA leveling course includes full compensation for furnishing all labor, materials, tools, equipment, and incidentals for doing all the work involved in hot mix asphalt (leveling), complete in place, as shown on the plans, as specified in these specifications and the special provisions, and as directed by the Engineer MINOR HOT MIX ASPHALT GENERAL This work includes producing hot mix asphalt (HMA) at a central mixing plant and placing it as specified. Minor Hot Mix Asphalt may be used for patching and temporary tapers that may be needed for cold-planed areas. MATERIALS For minor HMA: 1. Do not submit a job mix formula. 2. Choose the 3/8-inch or 1/2-inch HMA Type A or Type B aggregate gradation under Section E, "Aggregate," of the Standard Specifications. 3. Minimum asphalt binder content must be 6.8 percent for 3/8-inch aggregate gradation and 6.0 percent for 1/2-inch aggregate gradation. 4. Choose asphalt binder Grade PG 64-10, PG 64-16, or PG under Section 92, "Asphalts," of the Standard Specifications. If you request and the Engineer authorizes, you may reduce the minimum asphalt binder content. Tack coat must comply with Section 39, "Hot Mix Asphalt," of the Standard Specifications. CONSTRUCTION Spread and compact minor HMA by methods that produce an HMA surfacing: 1. Textured uniformly 2. Compacted firmly 3. Without depressions, humps, and irregularities MEASUREMENT AND PAYMENT The contract item price paid per ton for minor hot mix asphalt is considered as included in the item of work associated with its application, and no additional compensation will be allowed therefor SEAL COAT Seal coat shall be the medium type and shall conform to the provisions in Section 37-1, "Seal Coats," of the Standard Specifications and these special provisions. Page 66

107 MATERIALS Asphaltic emulsion for seal coat shall be Grade PMRS2h anionic polymer modified asphaltic emulsion or Grade PMCRS2h cationic polymer modified asphaltic emulsion. At least 15 working days prior to their intended use, the Contractor shall furnish a 2 liter sample of Grade PMCRS2h cationic polymer modified asphaltic emulsion, a 2 liter sample of Grade PMRS2h anionic polymer modified asphaltic emulsion, and samples of screenings from sources he proposes to use for the project. The samples shall be processed in the manner representative of that for the material to be used in the work. The asphaltic emulsion will be determined by the Engineer in accordance with California Test 302 using the samples of screenings furnished by the Contractor. The polymer used to produce polymer modified asphaltic emulsion shall be an elastomeric polymer.test results for polymer modified asphaltic emulsion not within the allowable ranges specified, based upon the Engineer's tests, will be assessed a pay factor value in increments as follows: Pay Factor Value Table Test Method and Property Increment Pay Factor Value Test on polymer modified asphaltic emulsion AASHTO Designation: T 59 each 10 seconds above max. or below min 1 (Viscosity SSF at 50 C) AASHTO Designation: T 59 each 1.5 percent above max. 1 (Settlement, 5 days percent) AASHTO Designation: T 59 each 0.2 percent above max 1 (Sieve test, percent max.) AASHTO Designation: T 59 each 2 percent below min. 1 (Demulsibility percent) Test on Residue from Evaporation Test AASHTO Designation: T 49 each 2 dm above max. or below min 1 (Penetration, 15 C) ASTM Designation: D 36 2 C below min 1 (Field softening point C) California Test 332 For each one increment below 1 Torsional Recovery the min. value of 18, or For each two increments below 3 the min. value of 18, or For each three or more increments 10 below the min. value of 18 Improper sampling (see note) 1 Note: Improper sampling shall also include samples that are sampled in inappropriate sample containers, or shipped in inappropriate containers. If test results for polymer modified asphaltic emulsion are not within the allowable ranges, specified seal coats shall be removed. However, if requested in writing by the Contractor and approved by the Engineer, the seal coat containing total pay factor values of not more than 20 may remain in place. The Contractor shall pay to the State the following amount for the asphaltic emulsion represented by the tests and left in place. Page 67

108 Total Pay Factor Value Payment to State 0 none 1-2 $5.00 per ton 3-5 $10.00 per ton 6-9 $15.00 per ton $25.00 per ton $50.00 per ton At least 90 percent by weight of the screenings shall consist of crushed particles as determined by California Test 205. A crushed particle is defined as a particle having 2 or more fresh mechanically fractured faces. The percentage composition by weight of screenings shall conform to the following grading: Medium 3/8" max. size Sieve Sizes Percentage Passing 3/4" 1/2" 100 3/8" No No No. 16 No. 30 No Cleanness Value quality requirement of screenings shall be 86 minimum in conformance with the requirements in California Test 227. Cleanness Value test results for screenings below 86, will require that the seal coat represented by the test shall be removed. However, if requested in writing by the Contractor and approved by the Engineer, seal coat containing screenings with a Cleanness Value below 86, but not less than 75, may remain in place. The Contractor shall pay to the State the following amount for the screenings represented by the test and left in place: Cleanness Value Payment to State 86 or over None $2.20 per ton $4.40 per ton $6.60 per ton When the results of tests for polymer modified asphaltic emulsion and the aggregate grading and Cleanness Value requirements for screenings do not conform to the requirements specified, each payment to the State shall apply. The Department may deduct these amounts from any moneys due, or that may become due, the Contractor under the contract. No single test for polymer modified asphaltic emulsion shall represent more than 55 tons or one day's production, whichever is smaller. No single aggregate grading or Cleanness Value test shall represent more than 303 tons or one day's production, whichever is smaller. CONSTRUCTION Polymer modified asphaltic emulsion shall not be placed when the ambient air temperature is expected to fall below 39 F within 24 hours after placement. Page 68

109 The asphaltic emulsion shall be applied at a rate of 0.25 gallons to 0.40 gallons per square yard. The exact rate of application will be determined by the Engineer. Attention is directed to Section , "Preservation of Property," of the Standard Specifications and "Existing Highway Facilities" of these special provisions regarding protecting the highway facilities from the fog seal coat. During seal coat operations, the surface upon which the seal coat is being applied shall be closed to public traffic. Care shall be taken to avoid tracking seal coat material onto existing pavement surfaces beyond the limits of construction. Screenings shall be applied immediately following application of the asphalt emulsion. Screenings shall be spread at a rate of 20 to 30 pounds per square yard, as determined by the Engineer. Screenings shall not contain clay or contain organic material. Screenings shall be spread by means of a self-propelled chip spreader equipped with a mechanical device that will spread the screenings at a uniform rate over the full width of a traffic lane in a single application. MEASUREMENT Quantities of screenings will be paid for by the ton as determined in conformance with the provisions in Section , "Measurement of Quantities." Quantities of asphaltic emulsion will be paid for by the ton as determined in conformance with the provisions in Sections 93, "Liquid Asphalts," and 94, "Asphaltic Emulsions," respectively. PAYMENT Seal coat will be paid for at the contract price per ton for screenings, and the contract price per ton for asphaltic emulsion (polymer modified), for whatever items are provided and involved. The prices shall include preparation for seal coat and furnishing and applying asphaltic emulsion and screenings. The above prices and payments shall include full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for doing all the work involved in applying seal coat, complete in place, including furnishing, placing, maintaining, and removing C6 and W6 signs, when required, and temporary supports or barricades for the signs, as shown on the plans, and as specified in these specifications and the special provisions, and as directed by the Engineer. Salvaging and stockpiling excess screenings will be paid for as extra work as provided in Section D of the Standard Specifications. Water furnished and applied to tacky emulsion and for mixing with an asphaltic emulsion will not be paid for and full compensation therefor will be considered as included in the contract price paid for the asphaltic emulsion. When there is a contract item for traffic control system, full compensation for furnishing and using pilot cars to reduce the speed of traffic and convoy or otherwise control traffic, as Page 69

110 specified, shall be considered as included in the contract lump sum price paid for traffic control system, and no separate payment will be made therefor. When there is no contract item for traffic control system, full compensation for furnishing and using the pilot cars shall be considered as included in the contract prices paid for the various items of seal coat work, and no separate payment will be made therefor. Full compensation for sampling and testing polymer modified asphaltic emulsion shall be considered as included in the contract price paid per ton for asphaltic emulsion (polymer modified) and no additional compensation will be allowed therefor. Sand cover will be measured and paid for in the same manner specified for screenings in Section , "Measurement," and Section , "Payment," of the Standard Specifications. No adjustment in compensation will be made for any increase or decrease in the quantities of asphaltic emulsion and screenings, regardless of the reason for the increase or decrease. The provisions in Section B, "Increased or Decreased Quantities," of the Standard Specifications shall not apply to the items of asphaltic emulsion and screenings MISCELLANEOUS CONCRETE CONSTRUCTION. This work shall consist of removing existing concrete as necessary for the installation of curb (wheelchair) access ramps with tactile pads, as required by the Americans with Disabilities Act (ADA), at the locations shown on the plans. Curb access ramp construction shall conform to the provisions in Section 73, "Concrete Curbs and Sidewalks," of the Standard Specifications and these special provisions. Curb ramp detectable warning surface shall consist of raised truncated domes constructed or installed on curb ramps in conformance with the details shown on the plans and these special provisions. At the option of the Contractor, the detectable warning surface shall be prefabricated, cast-in-place, or stamped into the surface of the curb ramp. The color of the detectable warning surface shall be yellow conforming to Federal Standard 595B, Color No Prefabricated detectable warning surface shall be in conformance with the requirements established by the Department of General Services, Division of State Architect and be attached in conformance with the manufacturer's recommendations. Cast-in-place and stamped detectable warning surfaces shall be painted in conformance with the provisions in Section 59-6, "Painting Concrete," of the Standard Specifications. The finished surfaces of the detectable warning surface shall be free from blemishes. Prior to constructing the cast-in-place or stamping the detectable warning surface, the Contractor shall demonstrate the ability to produce a detectable warning surface conforming to the details shown on the plans and these special provisions by constructing a 24" x 24" test panel. The manufacturer shall provide a written 5-year warranty for prefabricated detectable warning surfaces, guaranteeing replacement when there is defect in the dome shape, color fastness, sound-on-cane acoustic quality, resilience, or attachment. The warranty period shall begin upon acceptance of the contract. Page 70

111 MEASUREMENT. Minor Concrete (ADA Curb Ramp) will be measured by each installed. PAYMENT. Full compensation for all items of Minor Concrete shall be at the contract price paid per each installed, complete and in place, including any removals of existing concrete, excavation, subgrade preparation, concrete, curb ramp detectable warning surfaces (tactile pads), and all labor, equipment, and materials needed to install Minor Concrete PREFABRICATED CONCRETE DROP INLET INSTALLATION. This work shall consist of removing Existing drop inlets and installing new prefabricated drop inlets with a traffic-rated grate at the locations shown on the plans. The drop inlet will be installed per the manufacturer s recommendations. MEASUREMENT. Prefabricated Concrete Drop Inlet Installation will be measured by each installed. PAYMENT. Full compensation for all items of Prefabricated Concrete Drop Inlet Installation shall be at the contract price paid per each installed, complete and in place, including any removals of existing concrete, excavation, subgrade preparation, concrete, and all labor, equipment, and materials needed to install Prefabricated Concrete Drop Inlet PAINT TRAFFIC STRIPES AND PAVEMENT MARKINGS. Painting pavement markings shall conform to the provisions in Section 84, Traffic Stripes and Pavement Markings, of the Standard Specifications and these Special Provisions. The work for this item shall consist of installing centerline striping and pavement markings per Caltrans Standard Plans. Pavement markings shall be applied in two coats, including application of glass beads. Painting shall not commence until after completion of all roadway resurfacing and the roadway has been cleaned and is suitable for painting. Traffic stripe and pavement marking paint shall conform to the requirements in State Specification No. PTWB-01. The color of the painted traffic stripes and pavement markings shall conform to the requirements in ASTM Designation: D Retroreflectivity of the paint traffic stripes and pavement markings shall conform to the requirements in ASTM Designation: D White painted traffic stripes and pavement markings shall have a minimum initial retroreflectivity of 250 mcd m -2 lx -1. Yellow painted traffic stripes and pavement markings shall have a minimum initial retroreflectivity of 150 mcd m -2 lx -1. Contractor shall be required to comply with Section "CONTROL OF ALIGNMENT AND LAYOUT" of the Standard Specifications, and all work required to establish centerline striping will be the responsibility of the contractor. MEASUREMENT. Paint Traffic Stripes (2-Coats) Centerline Stripe will be measured by the lineal foot along the line of the traffic stripes, without deductions for gaps in broken traffic stripes. A double traffic stripe consisting of two 4-inch-wide yellow stripes separated by a 3- inch-wide black stripe shall be measured as one traffic stripe. Painted pavement markings will be measured by the square foot for the actual area painted. Page 71

112 PAYMENT. The contract price paid per lineal foot of painted traffic stripes and for square foot of pavement markings shall include full compensation for furnishing all labor, materials, tools, equipment, and incidentals, and for doing all the work involved in painting traffic stripes (regardless of the number, widths, and patterns of individual stripes involved in each traffic stripe) and pavement markings, including establishing alignment for stripes and layout work, complete in place, as shown on the plans, as specified in the specifications and these special provisions, and as directed by the Engineer CULVERT CONSTRUCTION. Culvert construction shall conform to the requirements of Section 19-3, Structure Excavation and Backfill, and Section 66, Corrugated Metal Pipe, of the Standard Specifications and these special provisions. Culvert construction shall consist of removing existing surfacing at the culvert locations (if necessary), excavating and removing existing culverts (if necessary), excavating trenches for the new culvert, placing and connecting pipe, backfilling the culverts, and installing drop inlets as shown on the plans and as described in Section of these special provisions. CORRUGATED METAL PIPE. Corrugated metal pipe (CMP) shall conform to the provisions in Section 66 "Corrugated Metal Pipe of the Standard Specifications. CMP culvert pipe shall be fabricated from zinc-coated steel sheet. New CMP culvert pipe shall be connected to existing CMP with band couplers (if necessary). METAL FRAMES, GRATES, AND COVERS. Metal frames, grates, covers, and other miscellaneous iron and steel for use with minor structures shall conform to the provisions in Section , Miscellaneous Iron and Steel, of the Standard Specifications. MEASUREMENT. Culvert construction will be measured as the slope length of the pipe installed as designated by the Engineer. Culverts placed in excess of the length designated will not be paid for, unless culverts are cut to fit a structure or slope. When culverts are cut to fit a structure or slope, the quantity to be paid for will be the length of pipe necessary to be placed before cutting, measured in 2-foot increments. PAYMENT. Culvert construction will be paid for at the contract price per lineal foot, measured as described above. The contract price per lineal foot shall include full compensation for furnishing all labor, materials tools, equipment and incidentals and for doing all the work involved in removing and installing the different sizes or types of pipe, complete in place, including water diversion or dewatering, including flared end sections, headwall construction, structure excavation and backfill, and connecting new pipe to existing or new facilities as shown on the plans, as specified in the Standard Specifications and these special provisions, and as directed by the Engineer. Page 72

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